In January 2010, new rules will come into force in Ontario relating to the production and exchange of emails and other electronically stored information. ("ESI"). Similar rules have been made or are on their way in a number of other provinces. In addition, Canadian courts are adopting US-style penalties for failure to produce relevant emails and other documents in law suits even where good faith efforts have been made for their production. Reducing litigation risk and cost requires a comprehensive approach to records management, which should begin before you are faced with litigation.

Gowlings and key industry partners have created a unique, integrated risk management and litigation support program for records management. Our professionals can provide advice in relation to proper document retention and destruction policies, the creation of proper legal hold procedures as well as the digital scanning and coding of paper records and ESI, for both regulatory compliance and for use in litigation at costs considerably lower than third party vendors.

Implementation of an integrated records risk management program is aimed at compliance, mitigating litigation risk and significantly reducing your claims costs.