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61926.01This paper discusses some of the important issues that can arise for construction lawyers when a construction company becomes insolvent. Specifically, those lawyers must reconcile insolvency law with builders’ liens-related law and tax consequences. This paper discuses some of the issues surrounding construction company insolvency proceedings, the termination of construction contracts and creditors’ rights against constructors. This paper was presented at LESA’s Construction Law program offered in February 2015.
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61923.05This paper provides a discussion of the steps required prior to trial once questioning has been completed and all undertakings have been answered. Topics include preparation and review, experts and expert reports, and steps in setting the action down for trial. This paper was presented at the Running Your First Trial program held in January and February 2015.
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61923.03This paper addresses the examination of witnesses during examination in chief and cross-examination. Topics include preparation, conduct, refreshing memory, past recollection recorded, introducing exhibits, re-examination, and cross-examination on prior inconsistent statements. The following checklists are included: Ground Rules for a Testifying Witness, and Considerations for Planning an Examination in Chief. This paper was presented at the Running Your First Trial program held in January and February 2015.
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61923.02This paper outlines what is required when using an expert at trial. The author discusses understanding the role your expert’s conclusions play in your theory of the case, getting your expert’s opinion evidence admitted at trial, preparing yourself and your expert for trial and what must be done at trial. This paper was presented at the Running Your First Trial program held in January and February 2015.
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61923.01This paper provides an in-depth discussion of four basic concepts related to preparing for and appearing at your first trial: how to develop a theory and theme for your case, the basic evidentiary principles that apply when proving your case, the order of events at trial, and proper courtroom etiquette. This paper was presented at the Running Your First Trial program held in January and February 2015.
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61922.10This set of papers, presented by Cote JA, discuss these issues: 1. Whether rule 13.18(3) bars information and belief on a final motion if a common law exception to hearsay applies. 2. Deemed admissions and admissibility from discovery of records. 3. Cross-examining a witness called by the opposing side, or any witness, and the weight or admissibility that attaches to a previous statement made by that witness as evidence of its content. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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61922.09Since R. v. Khan, the principled approach to hearsay has largely overtaken the traditional exceptions to the hearsay rule, dealing in issues of reasonability and necessity. This paper discusses both, as well as some examples of when hearsay has been sought to be admitted, the test of probative value versus prejudicial effect, ultimate reliability and the question of “if, when and how to object”. A practical example of an objection on the ground of improper hearsay is attached. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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61922.08According to the author, the purpose of this paper is to provide litigators with a solid foundation of the principles and concepts related to implied undertakings in criminal and civil litigation, to help counsel identify the scope of those undertakings, and lastly, to provide practical guidance on how to properly uphold or seek to set aside an implied undertaking when the information from one litigation may be relevant to another proceeding. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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61922.07This paper provides background and also updated information on the rule in Browne v. Dunn. Discussion centres around the old and new approaches to the rule and the consequences of its breach. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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61922.06In this paper, the authors present a practical guide to the law of adverse inference associated with a failure to call evidence. They begin by relating the common law rule and then focus on how that rule is currently applied, citing case law.This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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61922.05This paper focuses on the many ways of proving facts in court. It summarizes those ways, providing details on using each, for instance: by consent, through live testimony, by affidavit, through transcripts of questioning or written questions, and by other means. It then provides guidance on choosing a proper method of proof based on one’s goals and considerations.This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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61922.04In this short paper, these authors explore the ethical limits of a lawyer’s ability to seek, prepare and present evidence from a witness in a proceeding, recognizing that a lawyer’s natural inclination may be to endeavour to orchestrate testimony to assist in proving a client’s case. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
