Litigation Misconduct 2026
Course Date: February 27, 2026
Total: 5h 49min
Total Ethics: 2h 12min
Litigation Misconduct 2026
Course Date: February 27, 2026
Total: 5h 49min
Total Ethics: 2h 12min
Course Introduction and Land Acknowledgement (9:00 – 9:05)
Raymond Lee — Program Lawyer, CLEBC, Vancouver
Danielle DiPardo — Cassels Brock & Blackwell LLP, Vancouver
Layne Hellrung — Cook Roberts LLP, Victoria
Layne Hellrung — Cook Roberts LLP, Victoria
Special and Increased Costs (9:05 – 9:45)
- recent jurisprudence on when the courts will award special or increased costs
- how litigation behaviour influences cost consequences
- practical guidance for seeking or resisting special costs awards
Robert W. Cooper, KC — McEwan Cooper Kirkpatrick LLP, Vancouver
Document Disclosure Misconduct (9:45 – 10:15)
- common forms of disclosure misconduct such as selective disclosure and late production
- recent jurisprudence on disclosure misconduct and prejudice related to same
- tools for compelling compliance
Shea Coulson — Coulson Litigation, Vancouver
Misconduct Involving Experts (10:15 – 10:45)
- counsel's role in preventing expert misconduct through proper instruction and boundaries
- consequences of expert misconduct for admissibility, weight, and costs
Kinji Bourchier, KC — Cassels Brock & Blackwell LLP, Vancouver
Luke Casburn — Cassels Brock & Blackwell LLP, Vancouver
Jason Wilkins, P. Ag., CSAP — Principal, Contaminated Sites Expert, Legacy Environmental, Vancouver
Luke Casburn — Cassels Brock & Blackwell LLP, Vancouver
Jason Wilkins, P. Ag., CSAP — Principal, Contaminated Sites Expert, Legacy Environmental, Vancouver
Law Society Complaints and Counsel Obligations (11:00 – 11:40)
- understand when litigation conduct triggers regulatory scrutiny
- core professional obligations during contentious litigation
- responding effectively to Law Society complaints
Jordanna Cytrynbaum — Cassels Brock & Blackwell LLP, Vancouver
Joyce M. Johner — Director, Discipline, Law Society of BC, Vancouver
Joyce M. Johner — Director, Discipline, Law Society of BC, Vancouver
Disagreeing Without Being Disagreeable (11:40 – 12:10)
- why de-escalate conflict with opposing counsel
- how to maintain cordial relations with opposing counsel
- how do you deal with uncivil opposing counsel
Claire E. Hunter, KC — Hunter Litigation Chambers, Vancouver
James M. Sullivan, KC — Blake Cassels & Graydon LLP, Vancouver
James M. Sullivan, KC — Blake Cassels & Graydon LLP, Vancouver
LUNCH (12:10 – 1:00)
Arbitration Misconduct (1:00 – 1:40)
- misconduct unique to the arbitral process including procedural unfairness, delay tactics, and non-compliance with tribunal orders
- how arbitrators and courts address misconduct
- best practices for counsel in arbitration
Moderator: Danielle DiPardo — Cassels Brock & Blackwell LLP, Vancouver
John H. Shevchuk — Lex Pacifica Law Corporation, Vancouver
Leslie E. Maerov — Leslie E. Maerov, Vancouver
Leslie E. Maerov — Leslie E. Maerov, Vancouver
Procedural Strategies for Dealing with Misconduct (1:40 – 2:10)
- identifying misconduct early and choosing the right procedural tool
- applications to control the process
Geoff Bowman — Owen Bird Law Corporation, Vancouver
Kaitlin Smiley — Owen Bird Law Corporation, Vancouver
Kaitlin Smiley — Owen Bird Law Corporation, Vancouver
Defensive Client Management (2:10 – 2:30)
- managing clients who push for aggressive or improper tactics
- documenting advice and instructions to protect counsel from future disputes or complaints
- setting boundaries and expectations to prevent misconduct before it arises
Carey Veinotte — Bojm, Funt, & Gibbons LLP, Vancouver
BREAK (2:30 – 2:45)
Dealing with Abusive Registrations (2:45 – 3:05)
- identifying registrations made to gain improper leverage
- how to discharge those registrations
- cost orders in dealing with wrongful registrations
- damages for wrongful registrations
Layne Hellrung — Cook Roberts LLP, Victoria
Aneka Jiwaji — Jiwaji Law, Vancouver
Aneka Jiwaji — Jiwaji Law, Vancouver
Abuse of Process (3:05 – 3:35)
- what is abuse of process?
- types of abuse of process
- remedies for abuse of process
Michael Parrish — Fasken Martineau DuMoulin LLP, Vancouver
Costs Against Counsel (3:35 – 4:05)
- the power to make, and purpose of, costs orders against counsel
- special costs awards against counsel
- the impact of counsel's ethical obligations on costs orders
- strategies to avoid personal exposure
Greg Palm — Hamilton Duncan Law Corporation, Surrey
Closing Remarks (4:05 – 4:10)
Danielle DiPardo — Cassels Brock & Blackwell LLP, Vancouver
Layne Hellrung — Cook Roberts LLP, Victoria
Layne Hellrung — Cook Roberts LLP, Victoria
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Slides: Special and Uplift Costs
Paper: Special and Uplift Costs in Litigation—Right Tools for the Job?
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