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A Litigation Hold Notice tells people and organizations to stop deleting or changing specific documents and data because they might be needed for an upcoming lawsuit. When Canadian companies receive these notices, they must immediately preserve all relevant emails, files, and records - even if their normal policies would allow deletion.

These notices play a crucial role under Canadian evidence laws, helping prevent the loss of important information that courts may need later. Failing to follow a litigation hold can lead to serious consequences, including fines or having the court assume the destroyed evidence would have hurt your case. Most organizations need clear processes to quickly notify staff and stop automatic deletion systems once they receive a hold notice.

Send out a Litigation Hold Notice as soon as you learn about a potential lawsuit or investigation involving your organization. Common triggers include receiving a demand letter, learning about a serious workplace incident, or getting notice of a regulatory investigation. The key is acting quickly - before any relevant documents or data get deleted through routine operations.

Canadian courts expect organizations to preserve evidence once they reasonably anticipate legal proceedings. This means issuing hold notices when employee complaints escalate, after major accidents, during contract disputes, or when facing regulatory compliance issues. The notice helps protect your organization by ensuring you have all the evidence needed to defend your position or comply with court orders.

• Basic Hold Notice: A straightforward notice sent to employees directing them to preserve specific documents and data types. Typically used for routine legal matters or initial preservation steps.
• Department-Specific Notice: Customized notices for different business units, detailing preservation requirements unique to their operations and record types.
• Ongoing Investigation Notice: More detailed notices used during active investigations, often including specific search terms and broader preservation requirements.
• IT Systems Notice: Technical preservation instructions focused on digital records, databases, and automated systems that need special handling.
• Third-Party Notice: Specialized notices sent to vendors, contractors, or business partners who may hold relevant records.

• Legal Counsel: Draft and issue Litigation Hold Notices, advise on scope, and monitor compliance throughout the preservation period.
• IT Departments: Implement technical preservation measures, suspend auto-deletion policies, and ensure digital evidence remains intact.
• Department Managers: Help identify relevant records, communicate requirements to their teams, and ensure staff compliance.
• Records Management Teams: Adjust retention schedules, pause routine destruction, and track preserved materials.
• Employees: Must follow preservation instructions, identify relevant materials, and maintain records as directed.
• Third-Party Vendors: Often required to preserve data they manage or store on behalf of the organization.

• Identify Scope: List all potential legal issues, relevant time periods, and types of records that need preservation.
• Map Data Sources: Document where important information lives - email servers, cloud storage, paper files, mobile devices.
• Key Personnel: Create a list of employees, departments, and third parties who may have relevant materials.
• Technical Details: Note specific systems, databases, or applications that need special preservation steps.
• Distribution Plan: Determine how you'll deliver the notice and track receipt confirmations.
• Documentation: Keep records of when and to whom notices were sent, and any follow-up actions taken.

• Notice Description: Clear statement of legal hold purpose and triggering events requiring preservation.
• Scope Definition: Specific types of documents and data that must be preserved, including both paper and electronic records.
• Time Period: Clear start date and duration of the preservation obligation.
• Preservation Instructions: Step-by-step guidance on how to identify and preserve relevant materials.
• Suspension Notice: Direction to halt any routine document destruction or deletion processes.
• Acknowledgment Section: Space for recipients to confirm receipt and understanding of obligations.
• Contact Information: Designated person to answer questions about preservation requirements.

A Litigation Hold Notice differs significantly from a Notice to Remedy Breach in both purpose and timing. While both documents deal with preserving rights, they serve distinct legal functions.

• Purpose and Timing: Litigation Hold Notices focus on preserving evidence when legal action is anticipated, while a Notice to Remedy Breach addresses specific contract violations and demands correction.
• Scope of Application: Hold notices cover all potentially relevant information across an organization, whereas breach notices target specific contractual failures or violations.
• Legal Consequences: Ignoring a hold notice can result in court sanctions and evidence presumptions, while failing to respond to a breach notice typically leads to contract termination or damages claims.
• Duration: Hold notices remain active until litigation ends or the hold is formally lifted; breach notices usually specify fixed cure periods.