Recovering EDiscovery Costs In Canada Is The Rule, Not The Exception​

Introduction

A series of recent cases in Canada have affirmed that eDiscovery costs are generally recoverable, so long as they are properly incurred in the conduct of the proceeding and the amount claimed is reasonable in the circumstances.

The latest in this line of reasoning, LeRoy v. Timberwest Forest Corp., 2021 BCSC 2346 recognizes the ubiquity of electronic document management and eDiscovery services in modern litigation, and alleviates any doubt that a law firm can provide such services internally.

Facts

Rebecca and Ted LeRoy (the Plaintiffs) claimed against Timberwest Forest Corp. and related parties (Timberwest) for fraud and conspiracy, claiming amounts that ranged between $100 million and $1 billion in the course of the litigation.