Dialogue with the Bench and Bar: Tools and Tactics to Improve Your Advocacy Skills (YLD) (Archived Video Stream) 

Oct. 4, 2011
Toronto Online

ARCHIVED VIDEO STREAM

This is the archived version of a program presented on October 4, 2011.  This will not become available until 2 weeks after the orginal program date.  To order this format please click on the "REGISTER NOW" button.   If you prefer
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Distinguished members of the bench and bar discuss strategies and tactics for succeeding in civil litigation. Highlights will include tips for preparing your oral argument; preparing persuasive written materials; examining the witness, effective direct and cross-examinations; managing your file from day one to trial, and the art of successful appellate advocacy

Program Chairs:

Paul Lomic, Ridout & Maybee LLP
Geoff Mowatt, Dimock Stratton LLP

1:00 pm Introductory Remarks
1.05 pm Written Advocacy and Practical Considerations
  • Preparing persuasive written materials
  • Importance of the overview-establishing the "map"
  • Identifying the important facts/issues
  • Telling your story in a memorable way
  • How to address the weaknesses in your argument

The Honourable Kathryn N. Feldman, Court of Appealfor Ontario
Jonathan Lisus,
Lax O'Sullivan Scott Lisus LLP

1:40 pm Discovery Examinations
  • Objectives of the examination - getting the evidence, narrowing the issues, testing credibility
  • Developing a theory of the case - what do you need to support your case?
  • Have I covered everything or do I need to cover everything?
  • Nailing down the facts, events, meetings, witnesses and damages
  • Refusals/under advisements
  • Documentary discovery in the electronic age
  • Technology in evidence and document management
  • Preparing your representative(s) for examinations

Prothonotary Kevin R. Aalto, Federal Court of Canada
Nadia Campion, Lenczner Slaght Royce Smith Griffin LLP

2:15 pm Successful Oral Advocacy
  • How to use (and when not to use) your factum
  • Tips in preparing for your oral argument
  • Interacting with the court, the other side, and your co-counsel
  • Effective reply argument: The art of subtle reiteration

The Honourable John I. Laskin, Court of Appeal for Ontario
Kathryn Podrebarac, Tough & Podrebarac LLP

2:50 pm Break
3:05 pm The Trial
  • Managing your file for trial from day one
  • Setting and controlling client expectations regarding options, timing, potential outcomes and costs
  • Narrowing the issues to your strongest case
  • Entering exhibits
  • How to properly "prove" documents
  • When to serve a request to admit?
  • Preparing your fact witnesses: How much is enough?
  • Objections - Should I? Would you?
  • Requirements and entitlement under the Evidence Act
  • Memorandum of law for the trial judge - Are there any rules?
  • Technical or legal primers
  • Ethical obligations - the use of case law; unexpected evidence revealed during trial that harms your case

The Honourable Madam Justice Julie A. Thorburn,Superior Court of Justice
Christopher J. Kvas, Piasetzki Nenniger Kvas LLP

3:40 pm Cross-Examinations - The Art of the Possible
  • Preparing the cross-examination script
  • Effective cross-examination techniques
  • How to impeach with a prior inconsistent statement
  • How do you put documents to the witness on the cross-examination
  • How to destroy the creditability of the witness - and do it ethically
  • How to prepare your witnesses/experts for cross-examination - and do it ethically

The Honourable Mr. Justice Roger Hughes, Federal Court - Ottawa
Sheila T. Block, Torys LLP

4:20 pm Successful Appellate Advocacy
  • Simplifying the case on appeal - Give the court a reason to find for your client; policy considerations
  • Identifying the error(s) of the trial judge, and the appropriate standard of review
  • Structuring/narrowing your case on appeal
  • How to overcome contrary case law or lacking case law to win your appeal - Can it be done?
  • Effective use of a compendium for the appeal hearing
  • Interacting with the court - unique aspects of appeals
  • Having the last word - a pithy and proper reply or none at all?

The Honourable David W. Stratas, Federal Court of Appeal
Ronald E. Dimock, Dimock Stratton LLP

4:55 pm Question Period
5:00 pm Program Concludes
 

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    Cost
    For 1 to 3 Participants
    CBA Member: $145*
    Non-Member: $185*

    For 4 or more Participants
    CBA Member: $195*
    Non-Member: $250*
    E-Materials included in the registration fee
    *plus applicable taxes

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