The highly successful YLD seminar Dialogue with the Bench and Bar is back. Don’t miss this great program featuring distinguished members of the bench and bar discussing strategies and tactics for succeeding in civil litigation. Topics include: motions, trial techniques, and appellate strategies. Speakers will provide their insights on what works and what doesn’t. The  information is candid, necessary and focuses in on critical information and advice you need to become a better litigator.

Please join us after this dynamic afternoon session for a reception, which will provide an invaluable opportunity to meet informally with the distinguished panel and fellow colleagues.

Focus: Distinguished members of the bench and bar discuss strategies and tactics for succeeding in civil litigation.

Highlights will include:
• Tips for preparing your oral argument
• Preparing persuasive written materials
• Examining the witness: effective direct and cross-examinations
• Managing your file from day one to trial
• The art of successful appellate advocacy

 Webcast Available

1:00 pm Introductory Remarks

1:05 pm Written Advocacy and Practical Considerations
• Preparing persuasive written materials
• Importance of the overview - establishing the “map”
• Identifying the important facts/issues
• Telling your story in a memorable way
• How to address the weaknesses in your argument
The Honourable Kathryn N. Feldman, Court of Appeal for Ontario
Clifford Lax, QC, Lax O’Sullivan Scott LLP

1:30 pm Discovery Examinations
• Objectives of the examination – getting the evidence and narrowing the issues testing credibility
• Have I covered everything I need to cover or do I need to cover everything?
• Nailing down the facts, events, meetings, witnesses, and damages
• Refusals/under advisements
• Documentary discovery in the electronic age
Prothonotary Kevin R. Aalto, Federal Court
Sarit E. Batner, McCarthy Tétrault LLP

2:00 pm Successful Oral Advocacy
• How to use (and when not to use) your factum
• Tips in preparing for your oral argument
• Interacting with the court, the other side, and your co-counsel
• Effective reply argument- the art of subtle reiteration
The Honourable John I. Laskin, Court of Appeal for Ontario
Brett D. Moldaver, Davis Moldaver LLP

2:30 pm Break

2:45 pm Motions/Application/Simplified Rules
• Whether and when to bring “common” motions
• Affidavit evidence – strategic considerations
• Cross-examining on an affidavit – knowing when and when not to proceed
• Using your authorities
• Ordinary versus Simplified Procedure – key differences
• Is it worth sacrificing potential damages to prove a simplified claim?
• Costs consequences
• The summary judgment motion – the summary trial
Master Ronald M. Dash, Superior Court of Justice-Office of the Masters
Kathryn Podrebarac, Tough & Podrebarac LLP

3:10 pm Settlement Strategy/Pre-trial
• When is the best time to make an offer to settle?
• How to get the most for your client
• Pre-trial settlement conferences – how to make them work for your client
• Mediation tips
W. Charles Kent, IP Mediate
The Honourable Judith A. Snider, Federal Court - Ottawa

3:40 pm The Trial
• Managing your file for trial from day one
• The Agreed Statement of Facts
• When to serve a request to admit – Would this sound better than it reads?
• The documents: Joint Books of Documents, Exhibits and Authorities
• Memorandum of Law for the trial judge – Are there any rules?
• Preparing your client: how much is enough?
• Examining witnesses: effective direct and cross examinations
• Objections – Should I? Would you?
• Entering exhibits
• How to “prove” documents
• The “Rule” in Brown and Dunn?
• How to impeach with a prior inconsistent statement
• When leading questions and hearsay evidence are admissible
• Requirements and entitlement under the Evidence Act
The Honourable Justice G. Dennis Lane, Lane Arbitration and Mediation Inc.
Paul B. Schabas, Blake, Cassels & Graydon LLP

4:10 pm Successful Appellate Advocacy
• Making sure your written submissions do you and your case justice
• The Appeal Book and Compendium
• Interacting with the Court – unique aspects of appeals
• Structuring your submissions
• Using the last word to your advantage: only a few points by way of reply?
• Revocation and irrevocable designations
The Honourable Peter Cory, QC, Osler ADR Centre
The Honourable Dennis R. O’Connor, Associate Chief Justice, Court of Appeal for Ontario
Paul J. Pape, Pape Barristers Professional Corporation

4:45 pm Program Concludes

5:00 pm RECEPTION