8:30 am        Introduction

8:35 am
Leading Cases from the Supreme Court of Canada 
Eugene Meehan, K.C., Supreme Advocacy
•   Ones to know
•   To keep in mind when litigating 
•   A fast fasten-your-seatbelt summary

9:05 am
Use of Documents In a Joint Book of Exhibits 
Donald V. Keenan, K.C., Brenton Kean
•   Potential issues with non-existent or ambiguous agreement regarding use of documents
•   What to include in a written agreement on the use of documents
•   Trial judge is gatekeeper on admissibility of documents

9:20 am  
Cross-Examination: A Genetic Gift or a Learned Skill, Could it be Both?
Robert J. Hooper, Hooper Law
•   Why would I cross examine a witness?
•   Discovery evidence on cross
•   How do I better my cross-examination skills?  

9:35 am
Defence Discovers There’s No Property in a Witness - Doctor Called, Plaintiff Appalled 
Erika R. Hachey, Moss Hachey Law 
•   Questioning of medical experts by defence
•   When removal of counsel can be sought
•   The New Brunswick approach
•   Proper disclosure by both plaintiff and defence counsel

9:45 am 
Reigning In Expert Witnesses...Too Far or Too Much? 
Jack M. Blackier, FCA, Cox & Palmer
•   Gaining an understanding of why expert witnesses are expected & required to stay in their lane
•   Developing a strategy to assist legal counsel to ensure that expert witnesses do not stray beyond their expertise
•   Identification & Implementation of pre-trial strategies for “locking-in” the scope of an expert’s opinion
•   Developing a conceptual framework within which to undertake an effective cross-examination of an expert who strays beyond the scope of their expertise

10:05 am     BREAK 

10:20 am
Evidence Issues in Summary Judgement Motions     
Christopher Whibbs, Department of Justice & Public Safety, Office of the Attorney General 
•   Use of experts 
•   Use of collision reports 
•   Hearsay

10:40 am
Courting Admissibility: Turning a Humble Document Into a Winning Exhibit 
Michael Hynes, Department of Justice and Public Safety
•   Offering exhibits at trial
•   Attaching hereto: Affidavit exhibits
•   Isn't there an Evidence Act? What does it do?

10:50 am
Receiving the Evidence 
Matthew Pearn & Joselyn Sceeles, Whitehead Miles & Allen LLP
•   Accessing vehicle ‘Black Box’ data 
•   Recovering surveillance footage of location of loss 

11:05 am 
Artificial Intelligence (A.I.) 
Kanon Clifford, Bergeron Clifford 
•   The Latest Legal Technology and AI for Litigators 
•   Legal Technology Demonstrations
•   2025 Legal Technology Trends and What Your Firm Should Be Trying Today 
•   How Advancements in AI and Legal Technology Are Shaping the Future of Advocacy and Empowering Advocates to Better Serve Their Clients 

11:25 am 
A Principled Approach to Hearsay - Here We Go Again
Maria G. Henheffer, K.C., Brenton Kean
•   Necessity?
•   Reliability?

11:40 am
Evidence and the Crown 
Jason J. Caissie, Department of Justice and Public Safety 
•   Executive council privilege at Section 68 of the Evidence Act RSNB1973, c. E11
•   Public interest privilege at Section 10 of the Proceedings Against the Crown Act, RSNB 1973, c. P-18
•   Expert Evidence by Crown employees

11:50 am 
Evidentiary Issues on Appeal 
Eugene Meehan, K.C., Supreme Advocacy
•   C.A. and S.C.C. 
•   What “palpable and overriding” means (and how interpreted)
•   Standard of review 
•   (another fast fasten-your-seatbelt summary)

12:05 pm     LUNCH with Kelly A. Lamrock
Kelly A. Lamrock will be performing as the Chief Comedy Officer of the Comic Sutra Comedy Club

1:00 pm
Reliability of Expert Opinion Evidence 
Glenn R. Anderson, KC, LL.M., Province of Nova Scotia 
•   Is the expert opinion supported by the evidence?
•   Reliability of scientific opinions 
•   Technical and other fields of specialized knowledge
•   Tests and measurement instruments

1:30 pm 
Update on (Hopefully) Imminent Amendments to the Rules of Court 
Darren G. Blois, Murphy Collette Murphy
•   LSNB Rules of Court Revision Committee has made four recommendations to Government for amendments to the Rules of Court: 
     ♦   Costs; 
     ♦   Motions; 
     ♦   Offers to Settle; and 
     ♦   Settling for trial/pre-trial and settlement conferences/expert witnesses
•   Government is at varying stages of studying, drafting and implementing these recommendations;
•   Purpose of this session is so you will be ready to hit the road running when the new Rules are implemented

1:50 pm 
An Evidence - Based Approach to Expert Witnesses 
Jack M. Blackier, FCA, Cox & Palmer
•   Gaining an understanding of an evidence-based approach to expert witnesses 
•   Outlining a broad EBA related framework - a “roadmap” - that counsel can use as a guide in preparing for the examination of expert witnesses 
•   Presenting a high-level overview of several cases that demonstrates the application of an EBA approach to expert witnesses
•   Outlining several thoughts with respect to taking an EBA to the next level as a trial strategy

2:10 pm 
Partial Settlement Agreements: Changing the Landscapes and Sink Holes 
Matthew R. Letson, Lawson Creamer 
•   No surprises, please - Why immediate disclosure of partial settlements is essential for fair trials
•   Falling into a sink hole - Serious consequences, stay of proceedings and cost consequences
•   Terms and conditions may apply - Which terms of the settlement agreement have to be disclosed, and which can be withheld 

2:25 pm 
The Admissibility of Opinion Evidence 
Glenn R. Anderson, KC, LL.M., Province of Nova Scotia 
•   Is the proffered expert opinion evidence admissible?
•   Key evidence, dangers and special rules 
•   The threshold requirements and cost-benefit analysis
•   Lay opinions and associated dangers

2:55 pm     HEALTH BREAK

3:10 pm 
What do Insurance Companies Have to Produce 
Michael B. Murphy, K.C. & Aodhan P. Murphy, Mike Murphy Law Group    
•   Discoverability and productions generally
•   Statements by insureds 
•   Surrounding documents in adjuster’s file 
•   This, that, and the other thing 

3:30 pm 
Public Investigations, Private Disputes: Obtaining and Using Police-Gathered Evidence in Civil Motor Vehicle Cases 
Mitchell L.H. Fraser, Canty Lutz Grant 
•   Obtaining police-gathered evidence 
•   Common challenges in securing production 
•   Using police-gathered evidence in your case
•   Limitations and practical challenges in utilizing police-gathered evidence in civil proceedings

3:45 pm 
To Assist or Not to Assist, That is the Question: Using Inconsistent Testimony and Evidence of Bias Against Expert Witnesses
Garrett Wollis-Gullett, Cox & Palmer 
•   A deep dive into the Ontario Court of Appeal decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502
•   Assessing an expert witness’ duty to assist the Court, and to not become an advocate
•   Reviewing recent discourse in Canadian Courts surrounding the treatment of inconsistent testimony and potential bias for expert witnesses
•   Evaluating potential avenues for legal counsel going forward when concerns of credibility and bias are present with experts

3:55 pm
Surveillance at a Crossroads: Will Main v Goodine Hold the Line in New Brunswick? 
David Brannen, Resolute Legal 
•   Review Main v. Goodine and its role in governing surveillance disclosure and privilege in NB
•   Explore how NB courts may evolve in light of national trends emphasizing fairness and early disclosure
•   Learn how Ontario decisions like Iannarella and Nemchin are informing practical strategies for using or challenging surveillance under NB’s Rule 31 framework

4:05 pm 
Resetting the Game - Ten Hits in 20 Minutes 
George A. McAllister, K.C.
•   Protecting credibility
•   Understanding brain injury 
•   Protecting the plaintiff’s file 
•   Getting the cash in disability claims

4:25 pm     Closing Remarks