This really shouldn't come as a surprise, but it's useful to have such a succinct statement: 'I am not ... persuaded that strategy associated with public relations, media relations or lobbying ancillary to litigation would or should be protected' by litigation privilege. Thus saith Master MacLeod of the Ontario Superior Court in Kaymar Rehabilitation Inc v Champlain Community Care Access Centre, 2013 ONSC 1754.

The learned master also makes some interesting observations about e-discovery and the use of keyword searches to identify documents (notably e-mail messages) that may be relevant to the proceedings: 'While a useful tool, keywords are not ends in themselves'. He went on to say, 'the fact that there are potentially relevant words in a document does not render the document automatically relevant nor of course do [sic] the presence of key words answer the question of privilege'. So search terms, predictive coding and other e-discovery tools are in the end but 'a blunt instrument', the limitations of which a properly crafted e-discovery plan will need to take into account.