DAY 1: Analyzing the Case and Developing the File
Welcome and Introduction
The Honourable Madam Justice Carol-Jean Ross — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
File Opening
A. Dealing with your Client
- matter selection and rejection—the most important step of any file
- cementing the relationship and creating achievable expectations
- fee arrangements that work for you and the client
Art Vertlieb, QC — MacKenzie Fujisawa LLP, Vancouver
B. Creating and Managing a Litigation File
- preliminary review and opinion
- accepting instructions and educating the client
- preparing an effective and useful chronology
- smoking out your opponent’s case
- crafting a winning theory of the case and brief of law
- assembling an efficient and winning team—everyone has a place in the sun
- managing good and bad news
Art Vertlieb, QC — MacKenzie Fujisawa LLP, Vancouver
Drafting Pleadings and Affidavits
A. Pleadings
- overview of pleadings
- do’s and don’ts of pleadings
- matters which must be specifically plead
Diana L. Dorey — Dolden Wallace and Folick LLP, Vancouver
B. Affidavits
- when to use an affidavit
- basic substantive and procedural requirements
- the do’s and don’ts of affidavit drafting
John Douglas Shields — Shields Harney, Vancouver
Networking Break
Chambers Applications
- materials
- presentations
- authorities
- short form and special leave applications
- the do’s and don’ts of chambers practice
Master Shelagh Scarth — Supreme Court of BC, Vancouver
Discovery
A. Discovery and E-Discovery
- discovery of documents
- document production and the scope of Rule 7-1
- practical steps and procedures for preparing lists and organizing documents
- e-discovery issues and practice
Graham J. Underwood — Legal Services Branch, Ministry of Justice, Victoria
B. Examination for Discovery
- preparing your client for discovery
- preparing to examine the opposing side
- effective techniques on examination for discovery
- objections on discovery
- concluding and adjourning the discovery
Lyle G. Harris, QC — Harris & Brun, Vancouver
Lunch (on your own)
Settlement
- settlement conferences and mediation
- negotiation resolution for your client
- practical tips for effective settlement advocacy
Colleen Cattell, QC — Fitzpatrick & Company, West Vancouver
Privilege
- how to recognize and protect documents protected by solicitor-client privilege and solicitor-brief privilege
- how to make or defend an application for disclosure of documents over which privilege has been claimed
T. Mark Pontin — Fasken Martineau DuMoulin LLP, Vancouver
Networking Break
Professionalism and Practice Management
A. Dealing with Self-Represented Litigants
- issues unique to SRLs
- practice tips
Casey L. Leggett — Martin & Associates, Vancouver
B. Lawyers Insurance Fund (LIF)
- what is LIF?
- reporting requirements and duties of insureds
- how to inform clients of a possible claim
- early reporting—proactive management of claims
- claim avoidance tips
Coran R.R. Cooper-Stephenson — Law Society of BC, Vancouver
C. Code of Professional Conduct
- duties to your client
- duty of confidence
- duty of loyalty
- duties to state and court
- not to mislead (evidence and authorities)
- preparation of affidavits
- expert’s reports
- duties to other lawyers
- default proceedings
- adjournment requests
- communicating with the court
- undertakings
- dealing with self-represented litigants
- issues unique to SRLs
- practice tips
Lisa Martz — Gundmundseth Mickelson LLP, Vancouver
Joan M. Young — McMillan LLP, Vancouver
DAY 2: Preparing For and Conducting the Trial
Organizing Your Evidence (Including Documents)
Claire E. Hunter — Hunter Litigation Chambers, Vancouver
Preparing Direct and Cross-Examination of Witnesses
A. Direct Examination
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preparation; what evidence can that person give that will help my case
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documentary review
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interview
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minutes of evidence
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preparing the witness to give evidence: the process, documents, and exhibits
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conducting direct examination—keeping it simple
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checklists
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
B. Cross-Examination
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is a cross-examination necessary?
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what can you get from the witness that will help your case?
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what evidence has the witness given that you want or need to challenge?
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exposing liars versus blunting the sword
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courtesy
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the rule in Brown v. Dunn
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Networking Break
Opening and Argument
Kevin D. Loo — Nathanson, Schachter & Thompson LLP, Vancouver
Obtaining and Using Admissions (Including Using Examination for Discovery Evidence)
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the notice to admit
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reading in discovery evidence
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documentary proof—the Evidence Act
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using discovery evidence in cros-examination
Thomas R. Buri, QC — Buri, Overstall, Smithers
Finding and Instructing Expert Witnesses
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hHow to find an expert witness
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ethical issues concerning preparation of reports and production of an expert’s file
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maximizing the utility of your experts
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cross-examination of experts
Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver
Networking Lunch
Litigation Practice: The View From the Bench
The Honourable Madam Justice Carol-Jean Ross — Supreme Court of BC, Vancouver
Trial and Case Management: New Rules and Strategies
Hunter Parsons — Borden Ladner Gervais LLP, Vancouver
Summary Trials
Thomas R. Buri, QC — Buri, Overstall, Smithers
Networking Break
Wrapping it Up
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preparing orders, judgments, and costs
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settlement documentation and procedure
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the Health Care Costs Recovery Act
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revisiting matters with the trial judge
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the Public Guardian and Trustee and infant settlements
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enforcement of judgments
Alex Sayn-Wittgenstein — Murphy Battista LLP, Vancouver
Matthew Van Nostrand — Guild Yule LLP, Vancouver
Advocacy Practice Panel
The Honourable Madam Justice Carol-Jean M. Ross — Supreme Court of BC, Vancouver
Howard A. Mickelson, QC — Gudmundseth Mickelson LLP, Vancouver
K. Michael Stephens — Hunter Litigation Chambers, Vancouver
Mark G. Underhill — Underhill Gage Litigation (as of March 1, 2015), Vancouver
Closing Remarks
The Honourable Madam Justice Carol-Jean Ross — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver