Engineering Evidence in Civil Litigation

Rebroadcast:
"Summer Series": Wednesday, July 30, 2014; Time: 9:00 am – 4:00 pm

(Original course: Thursday, January 23, 2014)

Who should attend: Personal injury litigators, insurance litigators, and general civil litigators.

Learning level: Fundamental/Intermediate

F=ma, but can you deliver engineering data forcefully? Let our expert team of lawyers and engineers direct you!
Engineering evidence is one of the most common types of expert evidence that is presented in civil litigation. It is also an area which presents special challenges to counsel who must understand, analyze, present, and challenge often times complex and nuanced technical engineering conclusions. The field is full of pitfalls for the unprepared and unwary.

This course will present the basics of engineering evidence in an eclectic set of engineering topics which have particular relevance to current litigation trends. A key theme of the course will be assisting counsel to understand the common elements of engineering evidence and how lessons from individual areas can be applied to a wide range of engineering contexts. This comprehensive course will be of interest to general civil litigation counsel and does not require a science or engineering background.

At this course you will learn how to...

• improve your ability to critically understand, analyze, and assess engineering evidence
• improve your ability to present engineering evidence at trial
• deal with specific types of engineering evidence that are important in the world of litigation

Law Society of BC CPD Hours: 6.5 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA Forensic Engineers and Scientists, Richmond
Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver

CLEBC Program Lawyer
Raymond Lee
raymondl@cle.bc.ca

Course Chairs
Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA Forensic Engineers and Scientists, Richmond
Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver

Faculty
The Honourable Mr. Justice John Steeves — Supreme Court of BC, Vancouver
Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA Forensic Engineers and Scientists, Richmond
Geoffrey Thor Desmoulin, PhD, RKin — GTD Engineering Inc., Vancouver
Michael Dew — Jenkins Marzban Logan LLP, Vancouver
Jason A. Droll, PhD — Human Factors Scientist, Transportation Group, MEA Forensic Engineers & Scientists, San Francisco, CA
Pierre E. Gallant, Architect, AIBC, AAA, FRAIC — Principal, Vice-President, Morrison Hershfield, Burnaby
Jonathan P. Gough, PEng — Baker Materials Engineering Ltd., Vancouver
Michael J. Jackson — Lindsay LLP, Vancouver
Jonathan Lawrence, MASc, PEng — Director, Senior Engineer, Transportation Group, MEA Forensic Engineers & Scientists, Richmond
Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver
David M. Little, PEng — Baker Materials Engineering Ltd., Vancouver
John F. Morrall, PhD, PEng — Canadian Highways Institute Ltd., Calgary
Peter L. Senez, MEng, PEng — Principal & CEO, Sereca Fire Consulting Ltd, Richmond
Graham J. Underwood — Legal Services Branch, Ministry of Justice, Victoria

Welcome and Introduction

Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA Forensic Engineers and Scientists, Richmond
Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver

I. Engineering Expert Evidence: The Big Picture

A. Dealing with Junk Science: The Court’s Role as Gatekeeper

 Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver

B. Expert Evidence and Getting Expert Evidence Accepted

 Graham J. Underwood — Legal Services Branch, Ministry of Justice, Victoria

C. Effective Cross-Examination of Experts on Scientific Evidence

 Michael Dew — Jenkins Marzban Logan LLP, Vancouver

D. Elementary Physics for Lawyers

Geoffrey Thor Desmoulin, PhD, RKin — GTD Engineering Inc., Vancouver

Networking Break

II. Issues in Engineering Evidence

A. Electronic Data: The “Smoking Gun” of Engineering Evidence

• electronic crash data in “black boxes”
• accuracy of GPS speed and location data
• presenting electronic data at trial

Jonathan Lawrence, MASc, PEng — Director, Senior Engineer, Transportation Group, MEA Forensic Engineers & Scientists, Richmond
David M. Little, PEng — Baker Materials Engineering Ltd., Vancouver

B. Engineering Issues and the Human Element

• human factors in motor vehicle collisions: how driver performance can affect liability
• highway design and usage
• litigating the human factors and engineering interface   

Jason A. Droll, PhD — Human Factors Scientist, Transportation Group, MEA Forensic Engineers & Scientists, San Francisco, CA 
Michael J. Jackson — Lindsay LLP, Vancouver 
John F. Morrall, PhD PEng — Canadian Highways Institute Ltd., Calgary

Networking Lunch

C. Engineering Evidence in Construction Litigation   

Pierre E. Gallant, Architect, AIBC, AAA, FRAIC — Principal, Vice-President, Morrison Hershfield, Burnaby

D. Product Liability

Jonathan P. Gough, PEng — Baker Materials Engineering Ltd., Vancouver

E. Effective Use of Injury Biomechanics        

Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA Forensic Engineers and Scientists, Richmond

Networking Break

F. Electronic Data Available for Evidence in Fire Investigation

• electronic information in the modern age
• general data from fire and security systems
• hidden data that can assist in defining timelines
• building management systems and industrial process SCADAs

Peter L. Senez, MEng, PEng — Principal & CEO, Sereca Fire Consulting Ltd, Richmond

III. Going to Trial

Engineering Evidence at Trial

• organizing the evidence
• preparing the expert
• introducing the evidence
• use of demonstrative evidence
• challenging issues

The Honourable Mr. Justice John Steeves — Supreme Court of BC, Vancouver
Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA, Forensic Engineers and Scientists, Richmond
Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver
Peter L. Senez, MEng, PEng — Principal & CEO, Sereca Fire Consulting Ltd, Richmond

Concluding Remarks

Dennis D. Chimich, MSC, PEng — Principal, Senior Biomechanical Engineer, MEA Forensic Engineers and Scientists, Richmond
Richard B. Lindsay, QC, PEng — Lindsay LLP, Vancouver