This is the livestream registration page for Civil Litigation: Practice Essentials for Lawyers in the First 10 Years. If you would like to purchase an in-person ticket to this program, please navigate to the registration page for Edmonton.
During the first ten years of a civil litigation practice, lawyers face unique challenges and opportunities. This full-day program will explore topics to support lawyers to increase their competence and enhance their practice, including:
- Strategies in oppression applications before the Commercial List
- Advocacy before tribunals, hearing officers, and boards
- Effective pre-trial questioning
- Exceptions to the hearsay rule
- Evidence in constitutional cases
- Conflicts arising from past retainers, joint retainers, and closely-held corporations
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*Please Note: Program formats and dates are subject to change. Prices are subject to GST. Early bird pricing ends on August 26, 2024. This program is being recorded and will be available as an on-demand program subject to any issues with the recording.
If multiple people from your firm/organization would like to attend this program, please contact info@lesa.org for pricing. To receive discounted group pricing, you must contact us prior to the first registration from your firm.
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Registration is open until 4pm one business day prior to the date of the program. LESA typically sends e-materials three business days in advance of the program date (where applicable). Registrations received within three business days of the date of the program may result in us not sending e-materials access credentials until the program date.
For payment, cancellation, and transfer policies, please click here.
Strategies in oppression applications before the Commercial List | Richard Billington KC
Broad remedies are available to complainants on a summary basis against corporations, their affiliates, and directors in the face of oppressive conduct. These include the ability to remove and replace directors, cancel transactions, cause in camera investigations at the corporation’s expense, direct compensation, order derivative actions, direct and oversee the meeting of shareholders, appoint receivers, and to otherwise tailor-make orders to correct unfairly prejudicial conduct in the operation of corporations.
This presentation will provide an overview of the remedies available, when they can be granted and the nature of the evidence required. We will discuss strategic and tactical considerations for applicants and respondents.
Advocacy before tribunals, hearing officers, and boards | Dana Schindelka
Professional regulatory bodies are receiving more complaints than ever regarding their members. Advocacy with regulatory bodies and before their hearing tribunals is somewhat different than advocacy before the courts. In certain situations and at various times regulatory bodies owe duties regarding procedural fairness. In addition, in certain circumstances an administrative decision-maker or regulator conducts itself in a manner or makes representations that a certain process will be adhered to that causes a legitimate expectation to arise. Legitimate expectations are an aspect of “fairness”. However, they apply where the law would ordinarily not recognize the particular procedure claimed.
This presentation will provide an overview of when procedural fairness and legitimate expectations arguments are available and the nature of the required facts and evidence.
Effective pre-trial questioning | Keltie L. Lambert
Often considered the most powerful tool in civil litigation, the opportunity to explore your opponent’s evidence should not be wasted. In the vast majority of cases, what is learned through effective questioning has the power to resolve issues without the need for a trial or to clarify issues for determination by the Court.
This presentation will provide you with the tools and strategic insights necessary to perform effective pre-trial questioning, to prepare your client for being questioned and discuss key differences between questioning for discovery and questioning on affidavits.
Evidence in constitutional cases | Olivia Dixon
There are a number of types of commercial cases that can involve constitutional issues, including litigation related to major resource and transportation projects. Much of this litigation can occur at the appellate level – i.e., in judicial review applications or regulatory appeals – and thus, can raise unique evidentiary considerations. It is important to understand the nature of the litigation that can arise and the evidence that may (or – more importantly – may not) be admissible in such cases.
This presentation will provide a broad overview of: (i) the types of cases that can involve constitutional issues; (ii) the types of constitutional issues that can arise in those cases; and, (iii) the evidence that may (or may not) be admissible for such cases and issues.
Wait, who is my client again? Conflicts arising from past retainers, joint retainers, and closely held-corporations | William Katz
Avoiding conflicts is essential to the practice of law in almost every jurisdiction and practice area. In many instances, the individual or party providing counsel with instructions on a given matter may not actually be that lawyer’s client. This issue can be exacerbated when lawyers are retained jointly or when a lawyer represents a corporate entity that may be the subject of a derivative action or oppression claim. It remains the obligation of each lawyer to ensure that, notwithstanding the instructions provided, the interests of the client whom they represent are not prejudiced. This begs the question: “Wait, who is my client again?”
This presentation will provide an overview of the ongoing duty of loyalty and fidelity to clients, various obligations with respect to joint retainers, neutrality in closely-held corporate disputes, and the remedies available if these obligations are breached. We will also discuss the strategic and tactical considerations that may apply should an application with respect to the removal of counsel become necessary.
