Summary Trials 2016


Course Date: October 20, 2016

Total: 1h 48min
Course Agenda ▼

Introduction and Preliminary Remarks

Case Law and Strategic Considerations Regarding Use of the Summary Trial Procedure

  • caselaw review: law of summary trial and usage of the rule successfully or unsuccessfully in recent cases
  • analyzing the case and developing the file for a Rule 9-7 application
  • consideration of the pleadings and the nature of the case
  • is Rule 9-7 suitable for the case?
  • other rules to consider (i.e.: summary judgment)
  • consequential effects of bringing a Rule 9-7 application
  • preliminary objections and judicial discretion to refuse
  • summary trials and public law cases

Preparing Materials for a Summary Trial Application

  • drafting the argument
  • evidence: affidavits
  • responding to a Rule 9-7 application
  • pleadings and amendments
  • discovery of documents
  • examination for discovery
  • cross-examination on affidavits
  • expert reports and Rule 11-6
  • notice to admit
  • deposition
  • interrogatories

Networking Break

A View from the Bench

  • evidence: affidavits
  • lay witnesses and parties
  • expert opinion: putting it before the court properly
  • cross-examination on affidavits
  • practice tips for presenting a Rule 9-7 application