Commercial Litigation-2012

This book is essential for: civil litigation counsel and commercial solicitors.

Current to: September 2012

Commercial litigation calls for special strategies!
These comprehensive materials are directed at general civil litigators who seek a review of the key procedural and substantive matters shaping the conduct of commercial litigation. The wide ranging yet practical papers blend core topic areas, current legal issues, and advocacy skills. The book focuses on litigation strategy and its relation to the management of the issues pertaining to the various phases of a commercial file, covering the following areas: equitable remedies, injunctions and urgent relief, a primer on managing the discovery process, summary trials, damages, and commercial real estate disputes. These materials will assist counsel to be more effective in serving clients in this important niche of litigation practice. 

Course Materials Coordinator
Scott A. Turner — Burns, Fitzpatrick, Rogers, Schwartz & Turner LLP, Vancouver

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

CONTENTS

• equitable remedies: constructive trusts, accountings of profits, tracing, equitable "compensation", specific performance, rescission
• injunctions and urgent relief: Mareva injunctions, Anton Piller orders
• managing the discovery process—a primer: discovery of documents—Rule 7-1, obtaining document production from a corporate client, managing e-Discovery, oral discovery and choosing the best representative
• summary trials: history of summary trials (Rule 18A), chambers applications, key cases, affidavit secrets; includes full text of Melnick J's decision in Charest v. Poch
• damages: what they are and what they are not; in the absence of an actual or apparent loss; in contract and tort—a comparative analysis; proving and assessing the loss
• commercial real estate disputes—special focus on a falling market: rescission in an overheated market and REDMA; electing among remedies—specific performance in a falling real estate market; rescission in the leasing context—fundamental breach