Electronic Evidence in Canada
contains a broad examination of electronically-stored information ("ESI") from its creation to its admission into evidence in civil and criminal proceedings. The book discusses the nature and characteristics of ESI and how these influence admissibility at trial. It then covers the retention and destruction of electronic records, the obligations to preserve and produce ESI for litigation, spoliation, and the admissibility of ESI at trial. The last part of the work considers specific modalities of admissibility of ESI, whether as real, documentary, or demonstrative evidence, and includes a discussion of the admissibility of metadata, ESI from the Internet, computer-generated re-creations, and other issues unique to ESI.
The book also contains an extensive appendices section which includes the Sedona Canada Principles, Guidelines for the Discovery of Electronic Documents in Ontario, National Model Practice Direction for the Use of Technology in Civil Litigation (plus accompanying National Generic Protocol), the Sedona Canada commentary on proportionality in electronic disclosure and discovery, and model e-discovery and e-trial precedents.
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