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eDiscovery and Litigation Hold for Canadian Law Firms: Purview-Backed, Defensibility-First

Microsoft Purview eDiscovery (Standard and Premium), litigation hold configuration, defensible deletion at matter close, and production-set export to Relativity, DISCO, or your outside-counsel review platform — managed by Fusion Computing’s CISSP-led team for Canadian law firms.

eDiscovery is the place where IT infrastructure meets evidence law. When opposing counsel asks for production or a regulator asks for records, the firm’s answer needs to be a documented process with a chain of custody — not a manual file search across SharePoint, OneDrive, mailboxes, and a legacy file server.

Why eDiscovery and litigation hold matter for Canadian law firms

Litigation-hold obligations attach the moment litigation is reasonably anticipated, not when a claim is filed. An automated legal-hold workflow in Microsoft Purview, with custodian tracking and audit logging, is how a firm proves it acted in time.

Most eDiscovery cost overruns originate at collection, not review. Pulling email and Microsoft 365 data without preserving metadata forces expensive re-collection and weakens admissibility. Metadata-intact collection from the first hour is the single biggest lever on total eDiscovery cost.

The Sedona Canada Principles, applied under Ontario’s Rules of Civil Procedure, require parties to preserve and produce relevant electronic documents in a defensible, proportionate way. A missed litigation hold exposes a firm and its client to spoliation arguments and adverse-inference motions.

What Fusion handles for eDiscovery and litigation hold

“eDiscovery goes wrong at collection, not review. A junior associate drags emails into a local file, the metadata is gone, and opposing counsel is now challenging admissibility. We treat collection as a chain-of-custody exercise from the first hour, because that is the part a judge actually scrutinizes.”

Mike Pearlstein, CISSP, CEO and CISO, Fusion Computing
Microsoft Purview eDiscoveryStandard for smaller firms, Premium for firms with regular litigation hold and production volume. Licensing scoped to actual use.
Litigation hold deploymentHold policies that suspend retention deletion on custodian mailboxes, OneDrive, SharePoint matter sites, and Teams chat where applicable.
Documented retention policyRecords-retention schedule applied via Purview labels with defensible deletion at matter close. Aligned to the firm’s LSO and provincial law-society obligations.
Production-set exportNative, near-native, or load-file format export to Relativity, DISCO, RelativityOne, Reveal, or the firm’s preferred review platform.
Chain-of-custody documentationAudit-log preservation, named-custodian tracking, search-result reproducibility. Defensible at production hearing.
Departing-lawyer evidencePurview audit log of file access and download. Real evidence in a partner-departure or associate-poaching dispute.
Practice-management integrationiManage, NetDocuments, Clio, PCLaw integration with the Purview discovery surface where the firm requires.
Cost transparencyPer-hold and per-matter cost visibility. See the 12-lawyer Ontario firm walkthrough for what this typically runs.

How eDiscovery work is priced

Two cost components. Microsoft licensing for Purview eDiscovery (Standard included in Microsoft 365 E3, Premium requires E5 or eDiscovery add-on) flows through at Microsoft’s per-user-per-month rate without Fusion markup. Fusion engagement layer covering hold deployment, custodian configuration, search/export workflow, and chain-of-custody documentation is included in the per-lawyer managed-IT pricing for Fusion-managed firms.

For specific production-volume engagements (large litigations, multi-firm productions, regulator investigations) we scope on a time-and-materials basis with a documented runbook produced before the engagement starts. The Purview Legal Hold and eDiscovery Cost walkthrough for a 12-lawyer Ontario firm shows what a typical mid-market engagement runs.

Talk to a CISSP-led eDiscovery team

Thirty-minute walk-through of your firm’s current Purview / eDiscovery posture and what defensible production looks like across your data sources.

Book a Consultation

Frequently asked questions

Do we need Purview Premium or is Standard enough?

Purview eDiscovery Standard (included in M365 E3) handles basic case management, hold deployment, search, and export. Purview Premium adds custodian management at scale, analytics, predictive coding, and review capability. The decision depends on the firm’s production volume. Mid-market commercial firms typically need Premium. Solo and small-firm general-practice firms often run on Standard.

Can you produce to Relativity or DISCO for the firm’s outside counsel?

Yes. Production-set export from Purview eDiscovery into Relativity, RelativityOne, DISCO, Reveal, and most outside-counsel review platforms is a standard configuration. We produce the load file in the format the review platform expects with documented chain of custody.

How do you handle data outside Microsoft 365 (legacy file servers, practice-management databases)?

For data outside the M365 boundary, we either integrate the source into the Purview discovery surface (where supported) or run a parallel collection process with documented chain of custody. iManage Work, NetDocuments, PCLaw, and Clio Manage all have integration patterns we’ve deployed.

What happens to data when a matter closes?
How does this differ from outsourcing the whole eDiscovery function to a legal-tech vendor?

Legal-tech eDiscovery vendors (kCura, DISCO as a service) typically handle the review and production layers for active litigations. Fusion handles the infrastructure underneath: the Microsoft 365 tenant configuration, the Purview labels, the litigation-hold mechanism, the audit log. The two are complementary; we work alongside legal-tech vendors for firms with sustained production volume.