Across a broad spectrum of litigation issues, expert evidence can make or break your case! Are you prepared to meet the challenge?
"Jump Start on CPD 2016": Thursday, March 3, 2016; Time: 9:00 am – 4:00 pm
(Original course: Wednesday, November 18, 2015)
Who should attend: Junior civil and criminal litigators in the first 3 years of call; experienced counsel seeking a comprehensive refresher on expert evidence will also find the course valuable.
Learning level: Fundamental
This course is designed for junior civil and criminal litigators who seek a comprehensive introduction to presenting expert evidence at trial. The course will blend theoretical issues with nuts and bolts practices matters, and will feature a mock cross-examination. Topics to be covered include: choosing an expert, the expert’s report, working with an expert as witness/advisor, professional responsibility, and strategic and tactical considerations surrounding the marshaling of expert evidence.
The course will utilize the CLEBC publication Expert Evidence in BC Civil Proceedings (4th) supplemented with faculty papers. *Order the book at the same time as you register for the course and SAVE $46. See special pricing below—please call Customer Service to order.
At this course you will...
- hear about the latest and most important developments in the case law surrounding expert evidence
- learn the strategic and tactical considerations that should shape a decision to utilize expert evidence
- learn how to manage the issues of choosing, retaining, and instructing an expert
- learn about ethics and professionalism issues surrounding expert evidence on how to manage them
- learn about the critical issues surrounding the central question of admissibility of expert evidence
- learn about the trial preparation steps for expert evidence
- see a demonstration of cross-examination of an expert witness
- have your questions about organizing expert evidence and handling expert evidence at trial answered by a team of experienced civil and criminal counsel
CLEBC would like to thank NYRC and Viewpoint Medical Assessment Services for their generous support in sponsoring the live event.
Law Society of BC CPD Hours: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management).
Course Chairs
Colleen J. Smith — Ministry of Justice, Vancouver Crown Counsel, Vancouver
Graham J. Underwood — Legal Services Branch, Ministry of Justice, Victoria
Pricing
1. "Jump Start on CPD 2016" Rebroadcast
EARLY BIRD (Register by February 1, 2016 and SAVE): $430
Save even more with your CPDone Pass. Click here for more info.
After February 1, 2016: $475
Registration includes an electronic copy of the course materials.
SPECIAL GROUP RATES! New "plus-one" pricing!
Gather around one computer and SAVE on Live Webinar/Rebroadcast costs. Pay full price for the first registration and have each additional viewer join you for $125 per day. Contact Customer Service for more info.
2. Book
*Book ONLY: $230 | Online ONLY: $125 | Book (when purchased with course): $184
Webinar Archive: This course will be added to the Webinar Archive. See below to subscribe.
Unable to attend without financial support? To learn more about CLEBC's
Bursary Program click
here and for our
Easy Pay Plan click
here.
Can't make the live course/live webinar?
1. Order the online course materials, an archive of all CLEBC papers published since 2001. ... OR
2. Subscribe to the Webinar Archive, a repository of recordings of most CLEBC past courses.
Annual subscription rates for both options are based on firm size.
CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca
Course Chairs
Colleen J. Smith — Ministry of Justice, Vancouver Crown Counsel, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria
About the Course Chairs
Colleen J. Smith is Crown Counsel in Vancouver. Called to the BC bar in 1995, Colleen began her career as a criminal defence lawyer. She joined the Crown in 2001 and has represented the Crown at all stages of the criminal process, on all types of charges including murder and serious driving offences. Through this work she has examined and cross-examined a wide range of expert witnesses. Colleen has taught various courses including Evidence at the University of Victoria Faculty of Law. In 2013 she obtained her LLM from UCL in London.
Graham Underwood is a barrister with the Province of British Columbia’s Ministry of Justice. For the past 17 years, he has practiced solely in the area of civil litigation for the Province. Prior to that, he was a legal officer with the Judge Advocate General of the Canadian Armed Forces, and was in private practice for 14 years. Graham's interests include the law of evidence, and information management. He is the co-author of Electronic Evidence in Canada which was published by Carswell in 2010. Graham is also a frequent speaker at conferences and seminars on litigation and information management in the public sector, and for the CLE Society of BC.
Faculty
The Honourable Madam Justice Barbara Fisher — Supreme Court of BC, Vancouver
The Honourable Madam Justice Mary A. Humphries — Supreme Court of BC, Vancouver
The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
David G. Butcher, QC — Wilson Butcher, Vancouver
Tracey M. Cohen — Fasken Martineau DuMoulin LLP, Vancouver
Wendy E. Dawson, QC — Ministry of Justice, New Westminster Crown Counsel, New Westminster
Richard S. Fowler, QC — Smith and Fowler, Vancouver
Peter A. Juk, QC — Director, Appeals & Special Prosecutions, Ministry of Justice, Crown Law Division, Vancouver
Sandra M. Katalinic — QA Law, Vancouver
Jonathan Lawrence, PEng — Director, Senior Engineer, Transportation Group, MEA Forensic Engineers & Scientists, Richmond
David Layton — Ministry of Justice, Crown Law Division, Vancouver
Andrew I. Nathanson — Fasken Martineau DuMoulin LLP, Vancouver
Elliot Poll — Ministry of Justice, Vancouver Crown Law Division, Vancouver
Graham J. Underwood — Legal Services Branch, Ministry of Justice, Victoria
Dianne M. Wiedemann — Ministry of Justice, Crown Law Division, Vancouver
Catherine L. Woods, QC — Alexander Holburn Beaudin + Lang LLP, Vancouver
New Edition Now Available!
SAVE $46 on this essential resource when you register for the course! Contact Customer Service.
Expert Evidence in British Columbia Civil Proceedings—Fourth Edition
Your guide to finding, choosing, and using an expert
This book is essential for: all civil litigators.
Current to: July 1, 2015 | Price: Print + Online $230; Online Only $125 | # of pp.: 352
Expert evidence plays a critical role in most civil cases—and every litigator should know how to use experts to their full advantage. This practical 6" x 9" softcover guidebook is an essential resource to help you handle BC's distinctive rules. Expert Evidence in British Columbia Civil Proceedings—Fourth Edition provides commentary, strategies, and practice tools to allow you to make efficient use of expert evidence.
Subscriptions include online access with search capability and links to the full text of case law and legislation.
ONLINE ONLY annual subscriptions are available. Click here to subscribe.
With this book you will be able to...
- identify when and how to use experts
- analyze how to lay the factual basis for the opinion
- present your experts without them losing credibility or appearing partisan
- learn how to protect your expert on the witness stand
- have online access to the electronic version with hyperlinks to primary law
The book is designed for portability and as a handy, quick reference in court or at the office.
Welcome and Introduction
Colleen J. Smith — Ministry of Justice, Vancouver Crown Counsel, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria
Expert Evidence: Case Law Update
- key decisions
- what you need to know
- implications for practice
Dianne M. Wiedemann — Ministry of Justice, Crown Law Division, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria
The Role of the Expert Witness
- is an expert witness necessary?
- when do you need an expert witness?
- what is the proper sphere of opinion evidence?
- the ongoing challenge of novel scientific theories
The Honourable Madam Justice Barbara Fisher — Supreme Court of BC, Vancouver
Richard S. Fowler, QC — Smith and Fowler, Vancouver
Catherine L. Woods, QC — Alexander Holburn Beaudin + Lang LLP, Vancouver
Networking Break
Retaining and Working with Your Expert Witness
- considerations in choosing an expert
- the process of retaining your expert
- managing communications with your expert
- the expert report
Wendy E. Dawson, QC — Ministry of Justice, New Westminster
Andrew I. Nathanson — Fasken Martineau DuMoulin LLP, Vancouver
Professional and Ethical Issues around Expert Evidence
- conflicts of interest
- confidentiality
- privilege
- ethics and instructing your expert
- ensuring expert independence
David Layton — Ministry of Justice, Crown Law Division, Vancouver
Networking Lunch
Admissibility—the Big Issue
- the test for admissibility
- the gatekeeper role of the trial judge
- dealing with novel scientific evidence
- procedural aspects: civil and criminal
Tracey M. Cohen — Fasken Martineau DuMoulin LLP, Vancouver
Peter A. Juk, QC — Director, Appeals & Special Prosecutions, Ministry of Justice, Crown Law Division, Vancouver
Examination of Expert Witnesses: Direct and Cross
- identifying your goals
- planning your examination
- conducting your examination
- knowing when enough is enough
The Honourable Judge James Bahen — Provincial Court of BC, Vancouver
Sandra M. Katalinic — QA Law, Vancouver
Elliot Poll — Ministry of Justice, Vancouver Crown Law Division, Vancouver
Networking Break
Mock Cross-Examination of an Expert Witness
- demonstration and de-brief
- view from the bench and panel discussion
The Honourable Madam Justice Mary A. Humphries — Supreme Court of BC, Vancouver
David G. Butcher, QC — Wilson Butcher, Vancouver
Jonathan Lawrence, PEng — Director, Senior Engineer, Transportation Group, MEA Forensic Engineers & Scientists, Richmond
Concluding Remarks
Colleen J. Smith — Ministry of Justice, Vancouver Crown Counsel, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria