ARCHIVED  VIDEO STREAM - Program originally recorded on February, 25, 2011

Focus: Tips, strategies and suggestions from experienced counsel

Highlights:

• Preparing your case
• Opening and closing statements
• Demonstrative evidence
• Dealing with experts
• Direct and cross examination
• Simplifying Rule 76
• How the new Rules of Civil Procedure affect your trial
• Judge's perspective on avoiding common mistakes at trial

Program Chairs: 
Adrian Lomaga, Howie, Sacks & Henry LLP
Kate A. Zavitz, Watershed LLP

Agenda
Introductory Remarks

Opening and Closing Statements

• Considerations for jury and non-jury cases
• Setting the theme and the tone
• Know your audience, remember your audience
• Impressions-do the first five minutes make the case?
• Anticipating the defendant's opening and theme
• Know your own strengths, develop your own style

Adam K. Wagman, Howie, Sacks & Henry LLP

Preparation for Trial

• File handling from day one for a jury or non-jury trial
• Client interview and communication
• The importance of developing the theme of your case
• Comprehensive trial preparation list
• Witness interviews and preparation, expert and lay witnesses
• Requirements pursuant to the Evidence Act
• Offers to settle-identifying timing and content of settlement offers, managing client expectations and instructions

Rebecca L. Bush, Borden Ladner Gervais LLP
Melany V. Franklin, Borden Ladner Gervais LLP

Use of Discovery Transcripts at Trial and Handling Objections

• Checklist for using discovery transcripts at trial- be prepared
• Discoveries and use of transcripts
• The formalities and "The Magic Words"
• The value of reading in evidence
• Preparing to impeach the witness
• Anticipating changed testimony
• Anticipating, handling and making objections
• To object or not object
• Knowing the basis for objections
• Some case law as guidance

Kelly J. Smith, Rogers Partners LLP

How to Introduce Evidence at Trial

• Determine evidence required to support your theory of the case
• Consider issues of admissibility
• Witnesses
• Summonses
• Exhibits
• Real evidence and documents
• Demonstrative aids

John A. McLeish, McLeish Orlando LLP

Direct Examination and Cross Examination

• Witness preparation for direct and cross examination
• Maintaining the theme through direct examination
• Simplifying difficult or complex fact scenarios
• Use of documents during direct and cross examination
• Direct and cross examination of experts
• Developing a game plan
• Knowing when to quit

Linda Fuerst, Lenczner Slaght Royce Smith Griffin LLP

Rule 76-Trials, Summary Trials and Summary Judgments

• Why do we call it "Simplified"?
• Productions and how to get them before trial
• Making the best use of pre-trials
• Trials-how to conduct them efficiently
• Summary trials-can you make them work for your clients?
• Consider the summary judgment option
• Lower threshold facts and fictions
• Costs, costs, costs-beware!

Junior Sirivar, McCarthy Tétrault LLP

Top 10 Mistakes Made at Trial and How to Avoid Them
The Honourable Madam Justice Darla A. Wilson, Superior Court of Justice

Closing Remarks