​An electronic engagement letter precedent, adaptable for use in a wide range of areas of law and types of practice, is now being developed by the Canadian Bar Association's Task Force on Conflicts of Interest. Their stated goal is to provide practitioners with a template that they can easily customize for every client. To aid in that work, the CBA is seeking input from across the country. CBA members can complete their survey on engagement letters online.

A request for relief from production of email documents was considered by the Newfoundland Supreme Court in GRI Simulations Inc. v. Oceaneering International Inc., 2010 NLTD 85. The Court declined the request and required production of the emails. In doing so, the Court made reference to the Sedona Canada Principles (regarding electronic discovery) and noted that “Although this court recognizes that The Sedona Principles do not override the Rules of Court, they have been considered in the same way as legal literature could be considered....” The Principles can be found online at theCanadian E-Discovery Portal. Also on that site are the electronic case law digests (common law) which are now updated to to April 16, 2010.

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