A Litigator's Arsenal 2019

Course Date: November 27, 2019

Full Course Materials
Total: 5h 48min
Total Ethics: 1h 6min

Welcome and Land Acknowledgement

Mark E. Fancourt-Smith Lawson Lundell LLP, Vancouver

Panel of Learned Litigators

  • civil litigation strategic advice
  • courtroom war stories: lessons from the front line
  • audience Q & A

Tracey M. Cohen, QC Fasken Martineau DuMoulin LLP, Vancouver
Craig P. Dennis, QC McEwan Cooper Dennis LLP, Vancouver
Angus M. Gunn, QC Eyford Partners LLP, Vancouver
Stephen R. Schachter, QC Nathanson, Schachter & Thompson LLP, Vancouver

Pre-Trial Injunctions: A Practical Guide

  • mandatory versus prohibitive injunctions in the aftermath of the Supreme Court of Canada's decision in R. v. CBC
  • gathering and drafting the evidence to meet the test(s)
  • arguing irreparable harm and balance of convenience
  • seeking Mareva Injunctions and Anton Piller Orders: jurisdictional issues regarding the internet including Norwich Pharmacal Orders and the impact of Equustek
  • ethics, professionalism, and the duty of candour

Peter R. Senkpiel Nathanson Schachter & Thompson LLP, Vancouver
Kaitlin Smiley
Norton Rose Fulbright Canada LLP, Vancouver


Tips for Improving Written Advocacy

  • practical tips to improve your written advocacy
  • point first writing, improving readability, and eliminating annoyances
  • tips that are practical and easy to implement for instant writing improvement

Michael Feder, QC McCarthy Tétrault LLP, Vancouver

Litigation Without Trial

  • challenges to statutory and arbitral decisions
  • petitions in the corporate context
  • procedural considerations

Ludmila B. Herbst, QC Farris LLP, Vancouver

Can You Hear Me Now? Peliminary Objections to Right of Audience

  • while it is well established in the family law context that an appellant in breach of an order under appeal may be denied a right of audience on the appeal, to what extent can that law be used to object to a party's right of audience in other contexts?
  • how can the law assist in the Supreme Court of BC where the applicant is in breach of existing orders?
  • what is the proper procedure to advance an argument that the court should not hear from your friend?

Claire E. Hunter, QC Hunter Litigation Chambers, Vancouver

Networking Lunch (provided)

Dealing with Opposing Experts

  • tactical considerations for responding to an expert report—reply or simply attack?
  • keeping it out: objections as to admissibility
  • effective cross examination: questioning credentials and undermining opinions

Sandra L. KovacsKazLaw Injury Lawyers, Vancouver

Managing Large Scale Document Production

  • best practices in gathering and reviewing documents for production
  • effective negotiation of the scope of production
  • bringing or defending challenges to parties' production

Sarah McEachern Border Ladner Gervais LLP, Vancouver

The Protection of Public Participation Act: Stopping Defamation Law Suits as Soon as they Start

  • what is a SLAPP suit?
  • balancing reputation against free speech
  • depriving the right to vindication

David Wotherspoon Dentons Canada LLP, Vancouver


Bringing Order to Chaos: Managing Multi-Party and Multi-Action Litigation

  • joinder and consolidation of actions
  • third party claims
  • indemnity and insurance claims
  • case management
  • BC Ferries settlements

Michael ParrishFasken Martineau DuMoulin LLP, Vancouver

View from the Bench

  • insights from behind the bench
  • best practices in civil trials and chambers advocacy
  • audience Q & A

Moderator: Mark E. Fancourt-SmithLawson Lundell LLP, Vancouver

The Honourable Mr. Justice David C. Harris — BC Court of Appeal, Vancouver
The Honourable Mr. Justice Elliott M. MyersSupreme Court of BC, Vancouver
The Honourable Madam Justice Loryl D. RussellSupreme Court of BC, Vancouver

Closing Remarks

Mark E. Fancourt-SmithLawson Lundell LLP, Vancouver