Advanced Civil Litigation for Law Clerks

February 13, 2013 - 9.00 AM - 4.30 PM

Chaired by: Diana Diab
Continuing Legal Education
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Alex Kluchuk – Obradovich Law 
Discovery Plan and its Role in the Discovery Process

  • Rule 29.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194
  • Rationale behind Discovery Plan; Justice Coulter Osborne’s Civil Justice Reform Project: Summary of Findings & Recommendations Report
  • What to include in Discovery Plan; checklist
  • Types of Discovery Plan
  • Common areas of disagreement between parties in Discovery Plan in personal injury litigation
  • Options to deal with uncooperative opposing counsel and Discovery Plan disagreements; picking the right strategy
  • Consequences of not having an agreed-upon Discovery Plan
  • Review of Discovery Plan case law

Evelyn Perez-Youssoufian – Ellyn Law LLP 
Court of Appeal of Ontario: Ins and Outs of Appeal Rules; Preparation and Procedure

  • Lawyers rely heavily on their law clerks in preparing materials necessary to bring or respond to an appeal
  • There are many moving parts, filing all requisite materials by the date of perfection can be chaotic
  • A prepared, organized law clerk, who knows the rules and procedures, who can prepare necessary documents for an appeal, is invaluable
  • Learn the requisite rules, documents for an appeal and procedures in filing documents at the Court of Appeal
  • Tips learned the hard way on attending the Court of Appeal

David W. Levangie – Fogler, Rubinoff LLP 
Partial Indemnity versus Full Indemnity Costs

  • The difference between partial indemnity costs and full indemnity costs
  • When each is appropriate
  • Factors the Court considers in awarding costs
  • Laws relating to divided success and distributive cost awards

Stephanie Littlejohn – Ernst & Young LLP 
Legal Project Management: How to Incorporate it into the Law Clerk’s Practice

  • Project planning: Defining project requirements from the outset
  • Reporting to lawyers and clients: Keeping communication open
  • Documenting various phases of the project
  • Keeping within budget
  • Managing timeline/deadlines and expectations
  • Project analysis discussions in-house and with vendors/clients
  • Implementing process and best practices

Jeffrey Levine – McMillan LLP 

  • Key electronic discovery steps in Litigation dispute
  • Where documentary evidence is largely stored electronically
  • Critical information to be obtained from the client
  • Common grounds to be arrived at with the other parties to a case

Laura Paglia – Torys LLP 
The Law Clerk’s Role in Enhancing Internal and External Relationships

  • The lawyer/law clerk relationship: this discussion considers how lawyers may most benefit from a law clerk’s expertise and how a law clerk may best contribute to that benefit
  • The client /law clerk relationship: this discussion considers how law clerks may develop and strengthen client relationships

Tina Lie – Paliare Roland Rosenberg Rothstein LLP 
Best Motion Practices

  • Deciding whether and when to bring a motion
  • Managing the client’s expectations
  • The importance of the Rules of Civil of Procedure in motion practices
  • Common issues to think about when preparing materials

Brian N. Radnoff - Lerners LLP 
Summary Judgment

  • Practice Tips