Day 1 - Tuesday, February 28, 2017

8:00
Registration Opens and Refreshments are Served
9:00
Welcome and Opening Remarks from the Co-Chairs
9:15
PANEL An Annual Update on the Latest Legal Developments and Hot Topics
10:15
Communication Before Trial: Safeguarding Independence and Objectivity of the Expert Witness
11:00
Networking Refreshment Break
11:15
Strategies and Key Principles for Writing a Persuasive Expert Witness Report
12:00
Peer Review: Proofing and Editing an Expert Witness Report
12:30
Networking Luncheon
1:15
Rules of Civil Procedure: Knowing Your Duty and Maintaining Compliance
2:00
How to Prepare Your Expert for an Aggressive Cross-Examination at Trial
2:45
Networking Refreshment Break
3:00
Demonstrative Evidence — New Trends, Developments and Innovative Approaches to Assist Expert Testimony
3:45
Common Mistakes of Expert Witnesses and Strategies to Avoid Them
4:30
Closing Remarks – Conference Adjourns

Day 2 - Wednesday, March 1, 2017

8:30
Registration Opens and Refreshments are Served
9:00
Welcome and Opening Remarks from the Co-Chairs
9:15
A Judicial Assessment on Expert Witness Testimony
10:00
Examining How the Evolution in Technology is Impacting the Expert Witness Role
10:45
Networking Refreshment Break
11:00
Marketing Your Business: A Practical Examination of What Lawyers Look for When Retaining an Expert Witness
11:45
CASE STUDY The Use of Experts: Advice from a Seasoned Legal Practitioner
12:30
Networking Luncheon
1:30
KEYNOTE What Have We Learned in 40 Years of Eyewitness Memory Research?
2:00
ROUNDTABLE Exploring Key Issues in Ethics, Professional Qualifications, Industry Challenges and the Latest Best Practices
3:00
Networking Refreshment Break
3:15
The Use of Expert Evidence in International and Commercial Arbitration
4:00
Closing Remarks and Conferences Concludes

Post-Conference Workshop

Forensic Evidence Techniques and Technology to Master Your Expert Witness Testimony While Maintaining Your Data Integrity

Mar 2, 2017 9:00am – 12:00pm

Speakers

Jim Falconer
‎Computer Forensic Analyst
Touchstone Digital Forensics

Jeremy Dupuis
Chief Technology Officer / Forensic Analyst
Touchstone Digital Forensics

Day 1 - Tuesday, February 28, 2017

8:00
Registration Opens and Refreshments are Served
9:00
Welcome and Opening Remarks from the Co-Chairs

Neil Abbott
Partner
Gowling Lafleur Henderson LLP

Domenic Marino, CBV, CPA, CA
Partner, National Disputes Leader
PwC - Valuations, Forensics and Disputes

9:15
PANEL An Annual Update on the Latest Legal Developments and Hot Topics

Zohaib Maladwala
Partner
Fasken Martineau

Eli S. Lederman
Partner
Lenczner Slaght

Debbie Orth
Partner
Bertschi Orth Solicitors and Barristers LLP

An examination of some of the leading legal issues impacting the use of expert witnesses over the past year including recent rulings, case law, industry trends and what to keep an eye on going forward.

  • Key cases, rulings and legal developments
  • Practical issues and industry challenges
  • Commentary on the latest in the world of arbitration and commercial rulings
  • Examining what’s on the horizon and the next important issues to look out for

10:15
Communication Before Trial: Safeguarding Independence and Objectivity of the Expert Witness

Jonathan Rosenthal
Adjunct Professor, Osgoode Hall Law School
Criminal Lawyer

  • What types of communications are appropriate?
  • Ethical and professional standards impacting communication
  • How to limit the risk of bias. When can an expert be cross-examined on pre-trial communications?
  • Reviewing and commenting on draft reports— examining counsel’s role

11:00
Networking Refreshment Break
11:15
Strategies and Key Principles for Writing a Persuasive Expert Witness Report

Susan Glass
Partner, Valuations
KPMG LLP

  • Being fully prepared before producing the report
  • What to include and not include in your report; writing for your audience
  • Writing clearly and concisely, with a solid and substantiated conclusion
  • Tips and examples for writing a better expert report

12:00
Peer Review: Proofing and Editing an Expert Witness Report

Gerald R. (Jerry) Genge
Principal
Arbitech ADR

  • What are the traditional weak areas of expert witness reports?
  • Who reviews the report, when, and why?
  • What are the barriers to changing opinion evidence?
  • Avoiding the risks associated with changing opinion evidence.

12:30
Networking Luncheon
1:15
Rules of Civil Procedure: Knowing Your Duty and Maintaining Compliance

Paul Cahill
Partner
Will Davidson LLP

  • Notice period for expert reports and Rule 53.03
  • Content and certification requirements
  • Curing a default in compliance — what are the risks?
  • To whom do the rules apply? An update on Westerhof and McCallum

2:00
How to Prepare Your Expert for an Aggressive Cross-Examination at Trial

Melvyn L. Solmon
Partner
Solmon, Rothbart, Goodman LLP

  • The importance of organizing materials prior to examination
  • Explaining the basics beforehand: practicing, reviewing transcripts, familiarization with court procedures, proper dress
  • Preparing for difficult questions:
    • Keeping emotions in check
    • The danger of over-preparation
    • Minimizing cross-examination

2:45
Networking Refreshment Break
3:00
Demonstrative Evidence — New Trends, Developments and Innovative Approaches to Assist Expert Testimony

Stephen R. Mader BSc, BScAAM, MScBMC, CMI, FAMI
President / Certified Medical Illustrator
Artery Studios Inc.

  • New technologies and the changing face of evidence presentation
  • How new innovations can make complex information more comprehensible and engaging
  • Examples of the latest innovations in the use of demonstrative evidence
  • Tips and guidelines for using demonstrative evidence more effectively

3:45
Common Mistakes of Expert Witnesses and Strategies to Avoid Them

Brian Manarin
Assistant Crown Attorney
Essex County, Ontario

This session will examine some of the most common mistakes experts make during pretrial, report writing, deposition and testimony including:

  • Marketing mistakes
  • Moving beyond one’s area of expertise
  • Volunteering — too much information and contradictions
  • Inaccurate resumes
  • Poor demeanor in deposition and testimony

4:30
Closing Remarks – Conference Adjourns

Day 2 - Wednesday, March 1, 2017

8:30
Registration Opens and Refreshments are Served
9:00
Welcome and Opening Remarks from the Co-Chairs

Neil Abbott
Partner
Gowling Lafleur Henderson LLP

Domenic Marino, CBV, CPA, CA
Partner, National Disputes Leader
PwC - Valuations, Forensics and Disputes

9:15
A Judicial Assessment on Expert Witness Testimony

Honourable James F. Diamond
Ontario Superior Court of Justice

An examination of the gatekeeping role of judges and how they permit and assess expert evidence.

10:00
Examining How the Evolution in Technology is Impacting the Expert Witness Role

Ryan Duquette, M.Sc
Digital Forensics Management Founder and Partner, Hexigent Consulting, Sessional Lecturer,
University of Toronto

  • How technology is changing the expert witness field
  • What makes someone an expert in the digital realm
  • Debunking an expert as technology constantly changes and evolves
  • Growing role of digital forensics as a tool in litigation

10:45
Networking Refreshment Break
11:00
Marketing Your Business: A Practical Examination of What Lawyers Look for When Retaining an Expert Witness

Neil Abbott
Partner
Gowling Lafleur Henderson LLP

  • How and when are experts retained?
  • What are the greatest concerns and critical factors when choosing an expert?
  • Examine how experts are most commonly used
  • How do lawyers assess and rate their retained experts?

11:45
CASE STUDY The Use of Experts: Advice from a Seasoned Legal Practitioner

James Lockyer
Founder
Association in Defence of the Wrongly Convicted

  • Tips and insights for maximizing the use of expert witnesses throughout litigation
  • Advantages and disadvantages of using career witnesses
  • Controlling costs and using resources most efficiently
  • Finding and properly preparing your expert witness

12:30
Networking Luncheon
1:30
KEYNOTE What Have We Learned in 40 Years of Eyewitness Memory Research?

Jason C.K. Chan
Associate Professor of Psychology
Iowa State University

2:00
ROUNDTABLE Exploring Key Issues in Ethics, Professional Qualifications, Industry Challenges and the Latest Best Practices

James Lockyer
Founder
Association in Defence of the Wrongly Convicted

Doug Perovic BASc, MASc, PhD, FAAAS, FCAE, Peng
Professor, Celestica Chair in Materials for Microelectronics, University of Toronto, Co-Director
Ontario Centre for the Characterization of Advanced Materials

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

Domenic Marino, CBV, CPA, CA
Partner, National Disputes Leader
PwC - Valuations, Forensics and Disputes

Ron Koerth BASc, MBA, PEng
Consultant, Co-Founder
30 Forensic Engineering

A comprehensive overview featuring a panel of expert witnesses examining critical issues in the profession. Issues to be addressed include marketing your expertise, building your business, current industry trends, maintaining your qualifications, and using technology to advance your business.

3:00
Networking Refreshment Break
3:15
The Use of Expert Evidence in International and Commercial Arbitration

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

  • General litigation vs. arbitration differences over the course of a typical engagement
  • Evidentiary rules, procedures and legal standards
  • Legal framework: Legal vs. illegal expropriation, Fair and Equitable Treatment, other types of breaches of investment treaties, commercial breaches, etc.
  • Burden and standard of proof for damages
  • Standard of value
  • Damages approaches: Income, market, cost
  • Pre-award interest
  • Providing testimony and witness conferencing

4:00
Closing Remarks and Conferences Concludes

Forensic Evidence Techniques and Technology to Master Your Expert Witness Testimony While Maintaining Your Data Integrity

Mar 2, 2017 9:00am – 12:00pm

Jim Falconer
‎Computer Forensic Analyst
Touchstone Digital Forensics

Jeremy Dupuis
Chief Technology Officer / Forensic Analyst
Touchstone Digital Forensics

What is it about?

(Registration opens at 8:30 a.m.) Cutting edge forensic technologies can allow you to present your findings in ways that were previously impossible.  This workshop will allow you to leverage the most technological advances to put forward your most compelling case, reduce trial time and be a more persuasive witness.  It will also showcase demonstrative evidence technologies which can assist in making a more persuasive argument.  
  • Understand how forensics can assist your expert witness testimony
  • Countering arguments of overly invasive computer searches – checks and balances
  • How to deliver information accurately and informatively every time
  • Examples of forensics and demonstrative evidence technologies
  • Performing the role of evidence gatekeeper; quantifying what you looked at and didn’t look at