Day 1 - Wednesday, November 25, 2015

7:45
Registration Opens and Refreshments are Served
8:45
Opening Remarks from Co-Chairs
9:00
Pre-Trial Communication and Draft Reports
9:45
Watch Your Legal Language — The Do’s and Don’t’s of Report Writing
10:45
Networking Refreshment Break
11:00
Panel Discussion — Professionalism, Ethics and Expert Witness Practice
12:00
Networking Luncheon for Speakers and Delegates
1:00
How do the Rules of Civil Procedure Impact Expert Practice?
1:45
How to be a First Class Witness at Trial
2:30
Networking Refreshment Break
2:45
Demonstrative Evidence and the Science of Persuasion
3:45
Technology and the Future of Demonstrative Evidence
4:30
Closing Remarks from Co-Chairs Conference Adjourns

Day 2 - Thursday, November 26, 2015

8:15
Refreshments are Served
8:45
Opening Remarks from Chair
9:00
The Importance of Being (Mostly) Independent — An Update on the Test for Expert Impartiality
9:45
How Hidden Assumptions Can Hurt Your Reputation — Proactive Solutions to Prevent Challenges
10:30
Networking Refreshment Break
10:45
Managing the File to Minimize Bias, Maximize Results and Protect Your Position at Trial
11:30
KEYNOTE ADDRESS :Judicial Perspectives — Getting and Remaining Qualified in your Area of Expertise
12:30
Networking Luncheon for Speakers and Delegates
1:30
Expert Witness Malpractice — The Growing Liability Risk
2:15
Networking Refreshment Break
2:30
Alternative Methods and Future Trends in Expert Witness Practice
3:15
Cross-Border Perspectives – Expert Witness Practice in Canada vs. America
4:00
Closing Remarks from Co-Chairs Conference Concludes

Day 1 - Wednesday, November 25, 2015

7:45
Registration Opens and Refreshments are Served
8:45
Opening Remarks from Co-Chairs

Neil Abbott
Partner
Gowling Lafleur Henderson LLP

Michael Dobner, CBV, ASA
Partner, Consulting & Deals
PwC

9:00
Pre-Trial Communication and Draft Reports

Peter Henein
Partner
Cassels, Brock & Blackwell LLP

Susan Glass MBA, CPA, CA, FCBV
Partner, Advisory Services
KPMG LLP

  • What is the status of pre-trial communications between lawyers and experts after the Ontario Court of Appeal ruling in Moore v. Getahun?
  • Commentary on draft reports from lawyers — how much is too much? How to protect yourself from influence in pre-trial communication
  • Know exactly what is considered a “draft report”
  • When might your file be subject to disclosure? The limits of expert-lawyer litigation privilege

9:45
Watch Your Legal Language — The Do’s and Don’t’s of Report Writing

Chris Milburn CPA, CMA, CBV
Managing Director, Economic Consulting
FTI Consulting

Sloan Mandel
Partner, Specialist in Civil Litigation
Thomson, Rogers

  • Keep lawyers happy by learning to speak their language to maximum effect
  • Save time by making sure you get the instructions you really need from counsel
  • Know your audience and learn to structure your reports to speak to different groups
  • How to ask the right questions so you can:
    • Understand the “theory” of the case
    • Know the “legal test” your client needs to meet
    • Drill down to the true issues
    • Appreciate how your work fits in to the client’s arguments
    • Understand the burden of proof and what that means for your opinion

10:45
Networking Refreshment Break
11:00
Panel Discussion — Professionalism, Ethics and Expert Witness Practice

Moderated by:

Glenn Stuart
Managing Partner
StuartLaw

Panalists:

Bernard Ennis PEng
Director, Policy & Professional Affairs
Professional Engineers Ontario

Errol Soriano FCPA, FCA, FCBV, CFE
Managing Director, Campbell Valuation Partners Limited
Fellow, Canadian Institute of Chartered Business Valuators

Angela King
Registered Nurse – Childbirth & Children’s Centre
Markham Stouffville Hospital

  • A discussion of the tensions that can arise between fulfilling your duties to the client and court, and maintaining the standards of morality and ethics of your profession
  • What are the guidelines that govern expert witnesses in various professions? What are the similar themes that arise regardless of what type of expert you are?
  • Examples of ethical challenges and how to resolve common issues faced by experienced experts

12:00
Networking Luncheon for Speakers and Delegates
1:00
How do the Rules of Civil Procedure Impact Expert Practice?

Joanna Nairn
Associate
Pape Barristers

Jerome Morse
Partner
Morse Shannon LLP

  • Five years on: Interpreting relevant Rules of Civil Procedure after the recent “expert trilogy”
  • What does Rule 53.03 really require from you? The status of expertise after Westerhof v. Gee
  • How to ensure that your evidence does not violate the Rules
  • Knowing your duty — the current meaning and implications of Form 53

1:45
How to be a First Class Witness at Trial

Melvyn L. Solmon
Partner
Solmon, Rothbart, Goodman LLP

  • Learn to give clear and point-first testimony that gets your message across effectively
  • How to stand up to cross-examination without undermining your position
  • Master your language and demeanor to maximize your persuasiveness
  • Respond to challenges with confidence and poise

2:30
Networking Refreshment Break
2:45
Demonstrative Evidence and the Science of Persuasion

Hassan Fancy BA, LLD
Specialist in Civil Litigation, Fancy Barristers
Author, “Demonstrative Advocacy: Understanding and Constraining Partiality in Adjudication”

  • What is the impact of a person’s life experience on their perception and comprehension of language-based evidence
  • How can neuroscience explain the process of understanding and belief
  • How to use demonstrative evidence effectively:
    • Prepare and submit a Book of Demonstrative Evidence to the court or tribunal
    • Apply the six purposes of Demonstrative Advocacy and show the story of your case
    • Help the court to correctly comprehend the truth of your case theory within 10 minutes
    • Show the “pattern in the evidence” in support of your expert’s report using Demonstrative Graph theory
    • Visibly expose the errors in the opposing expert’s theory
  • Assist your client to prepare a Demonstrative Affidavit illustrating the relevant facts in a manner proven to significantly reduce trial time

3:45
Technology and the Future of Demonstrative Evidence

Troy Lehman
Partner
Oatley Vigmond LLP

  • Examples of the cutting edge technology changing the way evidence is presented and understood both inside and outside of the courtroom
  • A discussion of the current trends and developments that are shaping the field of demonstrative evidence
  • What does the future hold for demonstrative evidence?

4:30
Closing Remarks from Co-Chairs Conference Adjourns

Day 2 - Thursday, November 26, 2015

8:15
Refreshments are Served
8:45
Opening Remarks from Chair

Neil Abbott
Partner
Gowling Lafleur Henderson LLP

Michael Dobner, CBV, ASA
Partner, Consulting & Deals
PwC

9:00
The Importance of Being (Mostly) Independent — An Update on the Test for Expert Impartiality

Norm Keith
Partner
Fasken Martineau DuMoulin LLP

  • How does the court determine whether an expert is biased in favour of their client?
    • The impact of the Supreme Court of Canada decision in White Burgess Langille Inman v. Abbott and Haliburton Co.
  • Preclude challenges to your independence by avoiding known signs of bias at each stage of your involvement
  • When does prior involvement with one of the parties constitute a loss of neutrality?
  • The new legal standard for using internal experts at trial: Has The Ministry of Labour in Right of the Province of Ontario v. Advanced Construction Techniques Ltd. changed the rules for using internal experts in litigation?

9:45
How Hidden Assumptions Can Hurt Your Reputation — Proactive Solutions to Prevent Challenges

Doug Perovic BASc, MASc, PhD (Toronto), FAAAS, FCAE, PEng
Professor, Materials Science and Engineering
University of Toronto

  • What are the types of inherent bias that can influence your expert witness practice, and what can you do about it?
  • Identify and validate your assumptions to prevent challenges to your findings
  • Learn how to gain and explain your unique perspective, and by doing so bolster your credibility
  • Enhance the impression left by your report and testimony by acknowledging bias and assumptions the right way

10:30
Networking Refreshment Break
10:45
Managing the File to Minimize Bias, Maximize Results and Protect Your Position at Trial

Ron Koerth BASc, MBA, PEng
Vice President, Principal
Giffin Koerth Inc.

  • Tips to avoid bias, and the perception of bias, in all client communications
  • Best practices for conducting investigations to get reliable results and produce unbiased findings
  • Tips for writing a report which is clearly independent, as well as being defensible and understandable
  • Pitfalls to look out for throughout the life of the file to minimize cross-examination exposure at trial
  • How you can provide value-added service throughout the life cycle of the file — assisting the client at the discovery phase and beyond

11:30
KEYNOTE ADDRESS :Judicial Perspectives — Getting and Remaining Qualified in your Area of Expertise

Donald G. H. Bowman
Counsel, Dentons LLP
Former Chief Justice, Tax Court of Canada

The Judge is the gatekeeper who will determine what expert evidence is admissible, and who is qualified to testify. How does a judge determine whether your evidence is relevant and necessary? What do judges want to hear from an expert witness, and what might get you in trouble?

12:30
Networking Luncheon for Speakers and Delegates
1:30
Expert Witness Malpractice — The Growing Liability Risk

Linda Fuerst
Partner
Norton Rose Fulbright LLP

  • How does the court determine whether an expert is biased in favour of their client?
    • The impact of the Supreme Court of Canada decision in White Burgess Langille Inman v. Abbott and Haliburton Co.
  • Preclude challenges to your independence by avoiding known signs of bias at each stage of your involvement
  • When does prior involvement with one of the parties constitute a loss of neutrality?
  • The new legal standard for using internal experts at trial: Has The Ministry of Labour in Right of the Province of Ontario v. Advanced Construction Techniques Ltd. changed the rules for using internal experts in litigation?

2:15
Networking Refreshment Break
2:30
Alternative Methods and Future Trends in Expert Witness Practice

Dr Ruth M. Corbin ICDD, PhD, LLD
Chair, Corbin Partners Inc.
Adjunct Professor, Osgoode Hall

  • Understanding the growing demand for expert witnesses and litigation support professionals, and how you can gain an advantage in your practice
  • Developing trends in the types of expert evidence accepted by Canadian courts
  • What is the role of social science and survey-based evidence in supporting expert opinions, and how is this evolving?
  • The growing popularity of alternative forms of giving expert evidence — how to make them work for you
    • Learn to identify and limit issues to maximize success when using alternative methods of giving evidence
    • Managing a joint retainer — how to balance personalities and priorities to achieve results
    • The expert conference as a tool for settlement — when and how can this be an effective option?
    • “Hot tubbing” experts at trial — what are the reasons for its success abroad and will it gain popularity in Canada?

3:15
Cross-Border Perspectives – Expert Witness Practice in Canada vs. America

Gary Luftspring
Managing Partner
Ricketts Harris LLP

William McNamara
Partner
Torys LLP

  • Evidentiary issues arising in cross-border litigation — what does the expert need to consider?
  • How do the US and Canadian courts differ in their treatment of experts and expert evidence
  • Do you need a cross-border expert to supplement your opinion or testimony? When does this help, and when does this hurt your position?

4:00
Closing Remarks from Co-Chairs Conference Concludes