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 another format for this program please choose from the listing on the right hand side.
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 |
