Litigation for Solicitors 2012
Course Date: November 29, 2012
Total: 5h 33min
Course Date: November 29, 2012
Welcome and Introduction
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Andrew F. Wilkinson, QC — McCarthy Tétrault LLP, Vancouver
Introduction—First Steps: What To Do and What Not To Do Before You Call a Litigator
- demand letters, cease and desist letters, and proposals to resolve; what should be “on the record" and what “off the record”
- what to do when the other party breaches: preserving your rights and electing your remedies
- strategy for communications with the future adverse party
Moderator: Andrew F. Wilkinson, QC — McCarthy Tétrault LLP, Vancouver
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Gordon R. Johnson — Borden Ladner Gervais LLP, Vancouver
Miranda L. Lam — McCarthy Tétrault LLP, Vancouver
Litigation Seen from a Solictor’s Perspective
A. Managing Litigation Costs
- selection of litigation counsel: some litigators are known for their attack oriented style, others take a more balanced approach—what is the best match for this client?
- ADR options and considerations—managing an emerging dispute
- shortcuts in the litigation process: the new Rules provide some options for speedy disposition but a failed shortcut can add cost—learn when to consider alternatives to trial
- efficiencies: how to get the litigators up to speed effectively and how to reduce wasted effort in the discovery process
- communications: how to position the client/lawyer team for success in working together effectively
Gordon R. Johnson — Borden Ladner Gervais LLP, Vancouver
Networking Break
B. Deal Or No Deal? Litigating Your Contract Negotiations
- negotiating the deal: what legal obligations apply?
- do we have a binding deal? LOI's, MOU's
- open deals and uncertainty
- subject deals
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
C. Privilege and How to Keep It
- basic principles refreshed
- the limits of privilege: exceptions and waiver
- lessons learned
Jennifer L. Francis — Fasken Martineau DuMoulin LLP, Vancouver
D. Choice of Law and Choice of Venue
- deciding on the preferable venue for a dispute
- drafting clauses to get the venue you prefer
- choice of law—a potentially costly headache
- procedural vs. substantive law
- making the law of conflicts work for you
Andrew F. Wilkinson QC — McCarthy Tétrault LLP, Vancouver
Lunch (on your own)
Managing an Emerging Dispute
A. The Dispute Resolution Spectrum: Practical Approaches to Resolving Commercial Disputes
- arbitration clauses are routinely used without much analysis of whether that is the right approach for the particular parties, the transaction and the possible disputes that could arise
- alternative dispute resolution
- default curing periods
- good faith negotiation
- senior business leader contact
- mandatory mediation
- ADR limited to certain types of dispute
- arbitration vs. litigation—is there a real difference in what these procedures deliver?
- what to consider in designing an arbitration process
- choice of law
- seat of the arbitration
- arbitration institution
- applicable rules
- number of arbitrators
- appointment process
- time limits
- other special procedural rules
Miranda L. Lam — McCarthy Tétrault LLP, Vancouver
Jonathan S. McLean — Stikeman Elliott LLP, Vancouver
B. Insurance
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read your policy before you have a claim or loss, and read it again when you may have a claim
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report, report, report to insurers, and never take no for an answer
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respond to insurer's positions in a substantive way after getting advice
Ariel DeJong — McCarthy Tétrault LLP, Vancouver
Networking Break
Ethics
- what is an “error”?
- your duty to your client
- conflicts arising from litigation and from possible errors
Herman H. Van Ommen — McCarthy Tétrault LLP, Vancouver
Litigation: The View from In-House Counsel
Moderator: Andrew F. Wilkinson QC — McCarthy Tétrault, Vancouver
Anna K. Fung, QC — TimberWest Forest Corp., Vancouver
Constance E. Ladell — BC Lottery Corporation, Vancouver
Heather Northrup — Vancity Group, Vancouver
Concluding Remarks
Simon R. Coval — Fasken Martineau DuMoulin LLP, Vancouver
Andrew F. Wilkinson, QC — McCarthy Tétrault LLP, Vancouver
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