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AGM 2010 - Alchemy of Advocacy: Registration

Thursday June 3rd - Full Day

8:50     Introduction and Welcoming Remarks - Chair: Colin Clackson, CDL 2nd VP, Saskatoon - SK

9:00    Conjuring Divination:  A Look at the Year’s Top Cases and Foretelling Things to Come

    By looking back upon the events of the past year, natural and supernatural alike, it is possible to invoke visions of the things to come. The coven of Judges has been busy casting spells this past year.  In examining their sorcery it seems that they have developed new spells to be invoked which will affect each of our practices. This experienced panel of guests will sort through the recent incantations from across the country, illuminating the connections between what was, what is and what will be.
    Gary Zabos, McDougall Gauley, Saskatoon - SK
    David Bertschi, Bertschi Orth Smith, Ottawa - ON
    Nancy Murray QC, Stewart McKelvey, Halifax - NS

9:45    Distillatio, Coagulatio, Extractio - Multijurisdictional Class Actions

    The panelists will look at the most recent developments in multijurisdictional class actions, the national class action debate, the Quebec issues regarding different treatment involving settlements, enforcement problems, problems caused by overlapping cases, differences in certification thresholds across Canada, creative settlement solutions, class action trials as well as Canada/US jurisdictional issues.    
    Gordon McKee, Blake Cassels Graydon, Toronto - ON
    Jean Saint-Onge, Lavery Law, Montreal - QC

10:30    Break

10:45    Gold or Base Metal? Strict Liability & Product Liability

This panel discussion will review the application of strict liability principles in the context of products liability. The panelists will deal the US, Canadian and Québec perspectives including:
    - What are the principles to the application of strict liability and the benefits/detriments?
- Where has this already been argued in Canada? How have our courts received such arguments and what have been the results?
    - Is the standard already present in Canada and if so how has it impacted products liability litigation?
    - Will punitive damages claims become prominent in Canada?
    Neil Goldberg, Goldberg Segalla, Rochester - NY
    Alan Rudakoff, Macleod Dixon, Calgary - AB
    Louis Charette, Lavery Law, Montreal - QC

11:30    Class Action - Now You See it Now You Don’t
    Can a Class Action be made to vanish?

 This session will discuss the magical ingredients required to seek an effective and early resolution to class actions. The cauldron includes communication between clients, counsel, insurers and reinsurers and practical assessment of the merits of the case.     
    Mark Lichty, Blaney McMurtry, Toronto - ON
    Elizabeth Bowker, Steiber Berlach, Toronto - ON    

12:15    Greetings from the FDCC - Ed Kaplan, Executive Committee - FDCC

12:25    Lunch Presentation - Beyond Eye Contact : The Actor’s Secret

    Professional actors and directors they have helped thousands of lawyers and their witnesses prepare for trial, by employing the professional actor’s techniques of effective story analysis, story structure, and persuasive presentation. Join Lisa DeCaro and Leonard Matheo of Courtroom Performance, Inc., a trial consulting firm dedicated to improving oral advocacy, and authors of the book, The Lawyer’s Winning Edge: Exceptional Courtroom Performance.

2:00    Mysterious Signs and Symbols of Alternative Fee Arrangements

    We will discuss crafting and maintaining a relationship between client and counsel that works, is cost efficient and sustainable. We will touch upon alternative fee arrangements, in fact the impracticality and thus dearth thereof as an alternative to hourly rates, the two headed monster of counsel reporting and client informed instructions, the documentation of advice and instructions in the electronic age and how to successfully defend and resolve large and complex claims without the client or lawyer going broke, having a meltdown or both.
    Murray Patterson, Lawyers Insurance Fund, LSBC - Vancouver - BC
    Jack Webster QC, Webster Hudson Coombe, Vancouver - BC
    Rocco Neglia, VP Claims, Economical Insurance - Kitchener - ON

2:45    The Untrained Alchemist - Self Represented Litigants

    An exploration of the ethical issues and obligations when dealing with self-represented litigants: a view from the bar and the bench. Self-represented litigants increase costs and frustrations in any litigation and are a challenge for counsel and the Court. Counsel needs to recognize the pitfalls of treating a self-represented litigant like opposing counsel and be prepared for the fact the Court will likely give more leeway than afforded counsel. Strategies and tips for keeping the litigation on track.
    Patricia Mitchell, Stewart McKelvey, Halifax - NS
    Honourable Mr. Justice Colin Campbell, Ontario Superior Court of Justice    

3:30    Break

3:45    The Devil is in the Details

    We will explore the wizardry of calculating life expectancy discounts, the magic of structured settlements and the bedeviling details of what rates to use for attendant care (do PSWs get paid in their sleep?). We will also address deductibility, or how to make sure that one hand taketh away as much of what’s in the other hand as possible. And all of this from leading counsel on both sides of the equation.
    Paul Tushinski, Dutton Brock, Toronto - ON
    Sloan Mandel, Thomson Rogers, Toronto - ON

4:30    Greetings from DRI - Chuck Cole, Treasurer

4:45    Presentations & Prize Draws - Daniel Reisler, CDL President-Elect, Reisler Franklin - Toronto

5:00    Annual General Meeting (Members Only)

5:00    Cocktail Reception – presented by the CDL Young Lawyers Committee

Friday June 4th - Half Day

7:45    Champagne Breakfast - presented by the CDL Women Litigators

8:50    Welcome & Opening Remarks - Chair

9:00    Chemistry, Superstition & Showmanship - Do Juries Advance Justice?

    Truth or wizardry - do juries fall prey to deception and sorcery by devious counsel?
    Beyond superstition - can good counsel inspire jurors to rise to the challenge of searching for truth?
    David Miller QC, Stewart McKelvey, Halifax - NS
    Roger Oatley, Oatley Vigmond, Toronto - ON

9:45    Evil Eye or the Philosopher's Stone? Surveillance Evidence: Instruction, Disclosure & Use at Trial

    This presentation deals with both the Rules regrading pre-trial disclosure of surveillance in three different provinces; and the admissibility of the evidence at trial. How do you get the evidence in (what is the test?), and how you want to admit it - for the truth of its content or to impeach credibility?
    Sandra Corbett, Parlee McLaws, Edmonton - AB    

10:30    Break

10:45    The Razor's Edge: Carving Out the Defendant's Right to Know from the Plaintiff's Right of Privacy

    You can create evidentiary gold from the Internet. The helpful evidence available to the defence from the Net is vast. What personal data can the defence obtain and use?
    Larry Foy, Miller Thomson, Toronto - ON

11:30    The Transmutation of Digital Matter

    What secrets will a computer weep when placed in the furnace of the digital alchemist’s laboratory? There is very little that can avoid the purification of the forensic fire. One of Canada’s leading computer forensic examiners will discuss how to properly identify and preserve electronic data including social networking sites.
    John Young, Giffin Koerth Forensic Engineering, Toronto - ON

12:30    Closing Remarks -    Susan Gunter, CDL President, Dutton Brock, Toronto - ON

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CDL CANCELLATION POLICY

The registration fee is fully refundable for cancellations received 10 business days or more before the programme. Cancellations received between 6 and 9 business days will be refunded less a $20 processing fee. Cancellations received 5 business days before the programme will not be refunded but the registrant will receive the course materials and a certificate for $25 good for any CDL programme held within the next 12 months. Attendee substitutions may be made at any time without charge. CDL reserves the right to cancel or reschedule, to change speakers, locations and/or revise content as necessary. 

 

 

 

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