The Canadian Institute's Advanced Litigation Law Clerk Forum

Registration Opens and Coffee Served

Opening Remarks from Conference Chair

Preparing Discovery Plans and Cost Outlines

• Determining the level of detail necessary for your Discovery Plans
• How do you assess which items should be included? Which are optional?
• Dealing with counsel that do not provide a plan
• Consequences of not filing or not following a discovery plan
• Establishing guidelines that lawyers can refer to when meeting with opposing counsel
  • Ensuring all relevant steps and timing can be discussed efficiently and effectively

• Costs outline vs. Bill of Costs: understanding which one to use and when
• Ways to boost efficiency when compiling a cost outline
• How to calculate partial and substantial indemnity rates
• Work through a mock scenario and a sample document

Admissibility and Application of Evidence from Social Media Sites

• An overview of the most recent case law impacting admissibility of social media
• Ethical considerations when seeking and using social media
• Should courts recognize privacy rights when ordering production?
• Understanding how to avoid spoliation of evidence
• Updating clients on their obligation to disclose social media evidence relating to the case

Networking Coffee Break

Latest Efficiencies and Proven Solutions for Managing the Scope and Cost of E-Discovery

• An in-depth overview of e-discovery, including: an analysis of its benefits; latest technology and applications to process and review data; and common challenges impacting implementation
• Proportionality in e-discovery: setting the right parameters and defining the scope of relevant data
• What types of technology and applications are on the market to process and review data?
• Fostering collaboration amongst lawyers and law clerks to assist with streamlining the production and preparation of documents
• Maximizing efficiency in organizing and sharing documentary evidence through e-discovery

Everything You Need to Know About Expert Witnesses: A Critical Update on Recent Rulings

• Understanding the impact of R. v. Sekhon, 2014 SCC 15: the Supreme Court’s ruling on expert opinions
• A comprehensive review of Rule 53 of the Rules of Civil Procedure
  • Understanding what forms are required and ensuring you fill them out properly
• The Expert Report checklist: compiling the proper documentation and ensuring that you have the right content
• Determining when notices are required under the Evidence Act
• What must be included in counsel’s instructions to the expert?
• Essential drafting tips for expert reports: preparing and writing a successful, comprehensive and compelling document
• Timing of delivery of your expert reports
• Special considerations impacting “hot tubbing”: managing concurrent evidence and multiple experts

Networking Luncheon for Speakers and Delegates

Key Skills for Drafting Succinct and Effective Motion Records

• Nuts and bolts refresher on drafting motions and pleadings
• An update on key Rules surrounding case law and the basic tests you need to know
• Further enhance your writing style to focus on clarity, impact and communicating the facts
• Learn advocacy strategies required in the preparation of the documents
• Determining whether a factum is required or applicable
  • Critical tips for factum drafting – what makes it unique?
• Preparing and drafting supporting Affidavits that offer the facts in a concise manner
• Review specific requirements for motions seeking specific remedies

Understanding what is Required to Successfully Manage a Case Before the Federal Courts

• A comprehensive overview of the Federal Rules of Procedure
• Exploring differences between provincial and federal jurisdictions
• Essential tips for preparing summary judgment motions
• Use of expert witnesses in the Federal court: key changes and considerations
• Special factors impacting IP litigation, including special considerations in foreign jurisdictions

Networking Coffee Break

Preparing and Managing Small Claims Court Actions

• Understanding Ontario Regulation 258/295 (Rules of Small Claims Court)
• An overview of the Limitations Act, 2002, S.O. 2002, c. 24, Schedule B
• Ensuring you have the right precedents for drafting a small claims court file
• The nuts and bolts of suing small claims files
• Rules relevant to the province: covering your bases – are there differences in jurisdictions you need to be aware of?

Trial Preparation: Assisting Lawyers with Trial Preparation and Preparing for Your Own Small Claims Court Trials

• Preparation of document summaries, discovery summaries and chronologies
• The importance of preparing Issues and Proof Summaries
• Organizing liability, medical, damage and undertakings briefs and the importance of cross-referencing
• Critical timelines for trial preparation
• When to use Requests to Admit
• Understanding admissions of authenticity of documents
• Staying organized at trial

Managing an Appeal from Start to Finish

• An in-depth overview of Appeal Rules
• Understanding the intricacies of the Court of Appeal of Ontario
• Preparing all necessary materials, meeting filing deadlines and ensuring you are following the right procedures
• Overcoming challenges in the Court of Appeal: dealing with the expected and unexpected

Chair’s Closing Remarks and Conference Adjourns