Be Creative

I believe that creativity is a skill that can be developed. I have to believe it because I am still working on colouring inside the lines. To enhance your legal research work product, sometimes you need to think outside the lines.

For example, think about unconventional places where information can be found. I am not talking about a Google search.

A good example of creative thinking is set out in a case called Sparks v. Dubé, 2011 NBQB 40. Even though precedent suggested that an ex parte order for preservation of information on a Facebook account would be difficult, defense counsel in this case took a creative and slightly different angle in their argument and were grated the order. There is a very nice precedent for what such an order might contain at the end of this decision too.

Hat tip to Karen Sawatzky of Tapper Cuddy in Winnipeg, and columnist at for sharing the case.

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