David S. Lipkus, Kestenberg Siegal Lipkus LLP
Paul V. Lomic, Ridout & Maybee LLPP

Introductory Remarks

Examining Discovery: An Overview of the Discovery Process, and the Law

• Purpose of discovery and fitting it into litigation process
• Case law that you should know
• Key topics that must be covered
• Managing your case to facilitate your discovery

Kenneth D. Hanna, Ridout & Maybee LLP

Preparing for Yourself and Your Client for Discovery

• Reviewing file
• Setting your goals/ checklist
• Preparing your witness
• Which representative of the party (client) should you use as a witness?
• When should you seek to discover another representative of the opposing party?
• Importance of “going with the flow” when examining
• Tying their witness down
• Preparing Your Client For The Ethical Issues of Disclosure
• When to discovery non-parties 

Kathryn Podrebarac, Tough & Podrebarac LLP

Affidavits of Documents, Privilege and Confidentiality

• Preparing the affidavit of documents and building your case
• Instructing/protecting your client
• Your Role As Counsel In Document Preservation
• Rule 2.07 of the Rules of Professional Conduct       
• Attacking your opponent’s affidavit of documents
• What you need to know about privilege and confidentiality
• How to particularize privileged documents in Schedule B to the Affidavit of Documents
• Relevance under the January 1, 2010 amendments to the Rules of Civil Procedure
• Do you need to produce witness statements?

Jason W. J. Woycheshyn, Bennett Jones LLP

e-Discovery

• What is it?
• The e-Discovery Guidelines and OBA precedents
• Discovery Plans
• Preservation letters to your client and the other side
• What to ask for
• Whether they have given it all up, or whether you need to dig for more
• When to engage outside help
• Use of e-Discovery information/documents at trial
• Use of Technology in Document Management
• Using law office technology in a competent manner

Dera J. Nevin, McCarthy Tétrault LLP 

Break

Credibility

• What you can use
• What is off-limits?
• How to get what you need
• Collateral issues
• Recent case law and how it will apply

J. Daniel Dooley, Dooley Barristers PC - Barrie 

Undertakings and the Inevitable Refusals Motion

• Strategy of the questioner
• Obtaining information from former employees
• Information from third parties/witnesses
• Best efforts/reasonable efforts
• How to handle unrepresented litigants
• Undertakings and Refusals Motions
• Rule 4.01(7) and 6.03(10) of the Rules of Professional Conduct

Valerie A. E. Dyer, Osler, Hoskin & Harcourt LLP

Discovery Demonstration

• Leading litigators will conduct a brief discovery demonstration

Sarit E. Batner,  McCarthy Tétrault LLP
Dino P. Clarizio, Goodmans LLP

Professionalism and Ethical Issues When Dealing With Difficult Situations

• How to deal with obstreperous opposing counsel,
• Dealing With Your Client’s Inconsistent Statements
• Discovery Considerations For Individuals With Special Circumstances
• Rule 2.02 (5) of the Rules of Professional Conduct
• Being sensitive to clients’ special needs

Sarit E. Batner,  McCarthy Tétrault LLP
Dino P. Clarizio, Goodmans LLP
Nadia Campion, Lenczner Slaght Royce Smith Griffin LLP
Jason W. J. Woycheshyn, Bennett Jones LLP

Program Concludes