A Litigator's Arsenal 2017

Course Chair 
David A. Crerar — Borden Ladner Gervais LLP, Vancouver

About the Course Chair 
David Crerar is a partner in the Vancouver office of Borden Ladner Gervais, serving as the national leader of the firm's Defamation and Media Group. He practises in the area of civil and commercial litigation, with a focus on media law and defamation, shareholder disputes, protection of trade secrets, Internet litigation, and banking and pension litigation. He has published many articles on those and other areas and has contributed to many continuing legal education conferences as an author, lecturer, and chair.

For the past 14 years, David has served as a Professor at the UBC Faculty of Law, lecturing in civil procedure.
David is the author of Mareva and Anton Piller Orders in Canada: A Practical Guide (Irwin Law). He is also the co-editor and a co-author of BC Business Disputes (which received the Outstanding Achievement Award from the international Association of Continuing Legal Education, ACLEA), as well as the new edition of the leading Canadian text on civil procedure, The Civil Litigation Process. He is also a contributing author to two CLEBC publications, BC Creditor's Remedies - An Annotated Guide and the BC Civil Trial Handbook. He is also the co-author of The Glorious Mountains of Vancouver's North Shore: a Peak Bagger's Guide, to be published by Rocky Mountain Books in June 2018.

David serves on the Board of the Vancouver International Marathon and the Canadian Media Lawyers' Association, and volunteers with Access Pro Bono and the BC Civil Liberties Association.

Outside of the law, his passions are outdoor adventures with his children, as well as long-distance road trail, and mountain running.

Faculty 
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Master Leslie J. Muir — Supreme Court of BC, Vancouver
D. Michael Bain — HHBG Lawyers, Vancouver
Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Karen L.M. Carteri — Nathanson Schachter & Thompson LLP, Vancouver
Robert W. Cooper, QC — McEwan Cooper Dennis LLP, Vancouver
Douglas R. Eyford, QC — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vanouver
Michael Feder — McCarthy Tétrault LLP, Vancouver
David E. Gruber — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Robyn A. Jarvis — Harris & Company LLP, Vancouver
J. Kenneth McEwan, QC — McEwan Cooper Dennis LLP, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver
Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver 

Click here for full faculty bios »

Welcome and Introduction 

Panel of Learned Litigators 

• civil litigation strategic advice
• chambers war stories — lessons from the front line
• Q & A

Robert W. Cooper, QC — McEwan Cooper Dennis LLP, Vancouver
Douglas R. Eyford, QC — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
J. Kenneth McEwan, QC — McEwan Cooper Dennis LLP, Vancouver

25 Tips to Supercharge Your Written Advocacy 

• good writing can win marginal cases and bad writing can lose good ones
• 25 tips to improve your written advocacy
  • practical and easy to implement right away in every case

Michael Feder — McCarthy Tétrault LLP, Vancouver

Break

How to Utilize Receivers in Commercial Litigation 

• strategic use of receivers to obtain evidence in litigation from third parties
• distinguishing among privilege, confidentiality, and admissibility
• use of evidence from receivers or other court officers in litigation

David E. Gruber — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Serving as Counsel in Other Provinces: Tips and Traps 

• getting to the local courts: the freedoms and restrictions of the Mobility Agreement
• appearing before the local courts: Do you gown? Do you say "good morning"? Do you introduce all counsel? Regional practices and idiosyncrasies
• easing your dealings with the local courts: shortcuts and insider secrets

Luciana P. Brasil — Branch MacMaster LLP, Vancouver

Pre-trial Injunctions: A Practical Guide 

• gathering and drafting the evidence to meet the test
• arguing irreparable harm and balance of inconvenience
• seeking Mareva and Anton Piller orders
• jurisdictional issues regarding the Internet including Norwich
• pharmacal orders and the impact of Equustek
• ethics, professionalism, and the duty of candour

Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver 

Under the Covers 

• claims and activities that the LSBC insurance program compulsory policy covers
• risks the compulsory policy doesn't cover, such as trust shortages caused by fraudsters and thieves
• commercial liability insurance products that help protect you from those risks

Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver

Lunch

Jurisdictional Defences Under the Court Jurisdictions and Proceedings Transfer Act

• overview of provisions of the CJPTA
• practical considerations for effectively advancing jurisdictional defences in litigation
• implications of recent case law on forum non conveniens

Karen L.M. Carteri — Nathanson Schachter & Thompson LLP, Vancouver

Dealing with Lay Litigants: Best Techniques and Potential Pitfalls 

• ethical issues
• pitfalls
• best practices

Robyn A. Jarvis — Harris & Company LLP, Vancouver

Ruminations on the "New Rules": Once More Unto the Breach 

• the context: from whence have we come
• the content: opportunities for innovation
• the culture: where from here?

Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo

Break

Do Not Hit Send: Getting Along with Opposing Counsel 

• courtesy in the face of adversity
• problem solving v. advocating
• maintaining perspective

D. Michael Bain — HHBG Lawyers, Vancouver 

Judicial Panel 

• Q & A: insights from behind the Bench on best practices in civil litigation and chambers advocacy

Moderator: David A. Crerar — Borden Ladner Gervais LLP, Vancouver
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Master Leslie J. Muir — Supreme Court of BC, Vancouver

Concluding Remarks