Applying the Revitalized Rules of Civil Procedure: Address Your Timing and Process Challenges

Barbara O’Gorman
Senior Law Clerk, Thomson Rogers LLP

Critical changes to the Rules of Civil Procedure were implemented January 1, 2010, and your files applying these new Rules will proceed to trial this fall! Capitalize on a timely clarification of the Rule changes to timing, service, content and process and ensure you meet your file obligations. Take away essential tools, charts and checklists to control the new litigation process so it does not control you!

Address your key timing and process challenges including:

• How to apply the new wording in Rule 3 for ‘timetables’
• Receive guidelines on the changes to service times so you are always meeting them
• How to apply the changes to creating discovery plans to your files
• Manage expert evidence effectively and on time
• Develop applicable tools for preparing and serving motions
• Effectively draft motions by understanding the changes to Rule 20
• What are the impacts of the new requirements for pre-trials: the documents required, timelines, expert reports, and attendance
• Learn to draft and employ Requests to Admit to simplify discovery
• Prepare for mediation within the new timeframes under Rule 24
• Correctly determine the Notices of Intention required
• Avoid the sanctions for your clients by meeting the obligations under Rule 48 regarding Dismissal and Status Hearings
• Apply the new case management regime for Toronto, Ottawa and London cases to your files
• Learn the new Simplified Procedure and apply to commercial cases
• Explore examples of files in transition and how to resolve issues

Effectively Chart Your Path through the New Discovery Process

Remi Adedugbe
Law Clerk/ Litigation Support Specialist
Cassels Brock & Blackwell LLP

Law clerks fulfil an essential role in navigating the discovery process. The primary changes to the Rules of Civil Procedure relate to the process of discovery, and the required context of proportionality given the complexity of issues. Ensure you can manage the new discovery process by learning strategies and tips concerning:

• Effectively drafting discovery plans
  • learn the required components, timeframe and application of proportionality
  • how to apply the “semblance of relevance” test in establishing the scope of discovery
  • solidify your knowledge on the identification, preservation, collection and production of electronic evidence
  • develop action plans to format and exchange evidence with other firms
• Implementing the new standard of privilege in preparing Affidavits of documents
• Determining which corporate representatives or employees to examine and when
• Meeting your obligations for continued disclosure until trial and understand the sanctions for failing to do so

Guidelines for Effectively Managing Evidence in Complex Litigation

Chuck Rothman
Director, E-Discovery Services
Wortzman Nickle Professional Corporation

Rachael Chadwick
Senior E-Discovery Analyst and Project Manager
Wortzman Nickle Professional Corporation

Mega cases are impacting the efficiencies of senior litigation clerks in both corporations and law firms. Ensure you meet the obligations required in juggling multiple parties and complex evidentiary issues by developing strategies for document and e-document management. Elevate your ability to manage document reviews and their flow to other parties.

Take away executable techniques for organizing your files incorporating:

• Document review management processes
• Resources, such as EDRM, Sedona Canada Principles and OBA Model e-discovery precedents
• Cutting-edge technology that can ease the document review burden
• Practices for in-house clerks to share documents with outside counsel

Boost Your Efficiency in Preparing a Case for Trial: Best Trial Preparation Practices

Jennifer Beresford
Blaney McMurtry LLP

A roundtable of senior law clerks and lawyers will engage in a dialogue on best practices, checklists and forms required when managing a file under the new Rules and e-discovery environment. Learn how to prepare your files for trial and avoid the rush!
This session will provide:

• Clarification for the roles of lawyers and law clerks in trial preparation
• Tools for seizing control of the process
• Guidelines on the process and timing of components of trial preparation

Develop Strategies For Organizing and Managing Class Action Suits

Michael Peerless
Partner, Siskinds LLP

Scott Werry
Law Clerk, Bates Barristers Professional Corporation

The high level of skills, organization and management required in class proceedings claims can challenge the most seasoned law clerk. Increase your organizational strategies and maintain your sanity through guidance and tips from an experienced class action partner and senior law clerk. A team representing a large firm and a smaller boutique firm conducting class action suits, will outline best practices from two differing environments.