Conducting Efficient Litigation within the New QB Rules

Transcription

1 Conducting Efficient Litigation within the New QB Rules November 1, 2016 November 3, 2016 Saskatoon Regina

2 LAW SOCIETY OF SASKATCHEWAN These materials have been prepared for use in conjunction with a seminar presented by the Law Society of Saskatchewan. Reproduction of any portion of these materials without the express written consent of the Law Society of Saskatchewan is strictly prohibited. These materials are reproduced by the Law Society of Saskatchewan as part of its mandate to provide continuing professional development activities to its members. The views expressed herein are the personal views and opinions of the individual authors and do not necessarily represent the position of the Law Society of Saskatchewan or other seminar participants. These materials are the result of substantial commitment and dedication on the part of the authors. However, the authors of these materials have assumed that its users will exercise their professional judgement regarding the correctness and applicability of the material. No warranty is made with regard to these materials. The Law Society of Saskatchewan can accept no responsibility for any errors or omissions, and expressly disclaims any such responsibility.

3 PROGRAM: 9:00 Registration 9:30 Opening Remarks The Honourable Chief Justice M.D. Popescul 9:45 Efficient Litigation: The Beginning Lead: The Honourable Mr. Justice R.C. Mills Greg Thompson, Q.C., McKercher LLP (Saskatoon) Greg Walen, Q.C., Scharfstein Gibbings Walen Fisher LLP (Saskatoon) 10:30 Refreshment and Networking Break 10:45 Efficient Litigation: The Beginning (cont d) Same Faculty 11:30 Efficient Litigation: The Middle Lead: The Honourable Mr. Justice G.D. Dufour Heather Laing, Q.C., McDougall Gauley LLP (Saskatoon) Karen Prisciak, Q.C., A.S.K Law (Saskatoon) 12:30 Lunch 1:15 Efficient Litigation: The Middle (cont d) Same Faculty 2:15 Efficient Litigation: The End Lead: The Honourable Mr. Justice B.A. Barrington-Foote Bob Kennedy, Q.C., McDougall Gauley LLP (Saskatoon) Gord Kuski, Q.C., McDougall Gauley LLP (Saskatoon) 3:15 Refreshment and Networking Break 3:30 Efficient Litigation: The End (cont d) Same Faculty 4:30 Adjournment

4 TABLE OF CONTENTS: About the Presenters TAB 1: TAB 3: Part II Conducting an Efficient Trial: The Middle Part III Conducting an Efficient Trial: The End Gordon J. Kuski, Q.C., McDougall Gauley (Regina) Robert G. Kennedy, Q.C. McDougall Gauley (Saskatoon) Heather D. Franklin, McDougall Gauley (Regina)

5 ABOUT THE PRESENTERS: The professionals who are presenting at this Law Society of Saskatchewan seminar are all volunteers who have donated their valuable time to contribute to continuing professional development. The Honorable Mr. Justice B. Barrington-Foote, Court of Queen s Bench for Saskatchewan Justice Barrington-Foote is a graduate of Simon Fraser University (B.A. 1973) and the University of British Columbia (LL.B 1977). He was called to the bars of British Columbia (1978), Saskatchewan (1985) and Alberta (1992). He served as Deputy Minister of Justice and Deputy Attorney General for Saskatchewan ( ), and practiced in Victoria, Regina and Calgary. Justice Barrington-Foote was appointed Queen s Counsel (Saskatchewan) in 1998, and to the Court of Queen s Bench in Justice Barrington-Foote has presented at numerous legal education seminars. The Honorable Mr. Justice G. Dufour, Court of Queen s Bench for Saskatchewan The Honourable Justice Geoffrey Dufour was appointed to the Family Law Division of the Saskatchewan Court of Queen's Bench in He is widely regarded as having the finest mind on the Bench. Bob Kennedy, Q.C. McDougall Gauley LLP Bob obtained his Bachelor of Arts in 1974 and his Bachelor of Laws in 1975, both from the University of Saskatchewan. He was called to the Saskatchewan Bar in 1977 and was appointed Queen s Counsel in Bob is litigation counsel with McDougall Gauley LLP in Saskatoon with a practice which is restricted to civil litigation. He has argued cases before all levels of Court in Saskatchewan, the Tax Court of Canada, Federal Court, Federal Court of Appeal, Manitoba Queen's Bench, Manitoba Court of Appeal, Alberta Queen's Bench as well as the Supreme Court of Canada. He was a member of the Queen s Bench Rules Revision Consultation Committee and participated in the development of the new Rules.

6 Gordon J. Kuski, Q.C. McDougall Gauley LLP Gord Kuski, Q.C. s practice focuses on civil litigation in all areas of law including class actions, corporate and commercial litigation, and commercial insurance litigation. Gord has been recognized locally, nationally and internationally for his litigation work. He was inducted as a Fellow in the American College of Trial Lawyers in He also has an AV Preeminent rating by Martindale-Hubbell. In Lexpert, Gord has been identified as a leading practitioner in four major civil litigation areas and is consistently named in the annual Lexpert Guide to the Leading 500 Lawyers in Canada. Gord is also named in the Best Lawyers in Canada in four categories including class actions and Bet-the-Company litigation. A representative list of clients that Gord has represented in litigation includes Potash Corporation of Saskatchewan Inc., Aecon Group Inc., ABB Inc., Royal Bank of Canada, RBC Dominion Securities, CIBC Wood Gundy, Saskatchewan Financial Services Commission, University of Regina, City of Regina, Regina Police Pension Plan, Speaker of the Legislative Assembly, Government of Saskatchewan, Law Society of Saskatchewan, Canadian Lawyers' Insurance Association Inc., Saskatchewan Lawyers, Insurance Association Inc., SaskPower, SaskTel, Saskatchewan Government Insurance, Mobil Oil Canada Ltd., Imperial Oil Limited, Aon Reed Stenhouse Inc., and Investors Group Financial Services Inc. Gord is the co-chair of McDougall Gauley and has had an active role in the leadership of the Firm for most of his career. Heather Laing, Q.C. McDougall Gauley LLP Heather Laing is a partner with the law firm McDougall Gauley LLP, in its Saskatoon office. She graduated from the College of Law at the University of Saskatchewan in After articling with Public Prosecutions in Winnipeg, Manitoba, Heather returned to Saskatchewan in 1994 and has been in private practice since that time. Heather s litigation practice focuses exclusively on insurance law and civil litigation, including matters involving personal injury, property damage, automobile accidents and benefits, contract disputes, construction liability, fire losses and insurance coverage disputes. She has appeared before all levels of court in Saskatchewan at the trial and appellate levels. She has presented extensively on topics including Loss Prevention, Retention of Women in Private practice, Ethics and Responsibility in Chambers Advocacy and Conflicts and Ethics. Heather served as a Bencher of the Law Society of Saskatchewan for six years and as President in 2013 and is currently a member of McDougall Gauley's Executive Committee.

7 The Honorable Chief Justice M. D. Popescul, Court of Queen s Bench for Saskatchewan Chief Justice Popescul obtained a B.A. from the University of Regina in 1976 and an LL.B. from the University of Saskatchewan in He was called to the Saskatchewan Bar in He was appointed Queen s Counsel (Canada) in 1992 and Queen s Counsel (Saskatchewan) in He served as a Bencher with the Law Society of Saskatchewan from 1998 to 2003 and was President in Chief Justice Popescul was appointed to the Court of Queen s Bench for Saskatchewan in 2006 and was appointed Chief Justice in Chief Justice Popescul has presented at numerous legal education seminars, the Bar Admission Course and the CPLED Program. He has also been on the Faculty of the Trial Advocacy Skills Workshop since 2000, and currently serves on the Workshop s Planning Committee. Chief Justice Popescul was the recipient of SKLESI s Outstanding Volunteer Award (North) in 2005 and SKLESI s Award of Excellence for Legal Education Development in Karen Prisciak, Q.C. A.S.K Law Karen Prisciak, Q.C. is a Partner at A.S.K. Law in Saskatoon, Saskatchewan. She received a Bachelor of Arts (Honours) in 1981 and a Bachelor of Laws in 1984, both from the University of Saskatchewan. She was called to the Bar in 1985 and appointed Queen s Counsel in Her practice is concentrated primarily in the areas of civil litigation, human rights and professional regulation. Karen was the inaugural Chair of the Saskatchewan Human Rights Tribunal, served as an Indian Residential School Adjudicator and is a Special Adjudicator for Occupational Health and Safety. She is currently a member of the University of Saskatchewan Senate. She is a former Vice-Chair of the Saskatchewan Police Commission, Chair of the Law Foundation of Saskatchewan, Executive Member of the College of Physicians and Surgeons and Board of Public Legal Education Association. She has held numerous positions for charitable organizations. Karen taught Trial Advocacy at the College of Law, University of Saskatchewan for over 14 years. She guest lectured in Business Law, Multi-party Negotiation, Civil Procedure and Professional Responsibility. She has been a presenter at many Canadian Bar Association, CPD and Saskatchewan Trial Lawyers Association conferences. The Honorable Mr. Justice R.C. Mills, Court of Queen s Bench for Saskatchewan Justice Mills graduated from the University of Saskatchewan with a Bachelor of Commerce in 1975 and a Bachelor of Laws in He engaged in the general practice of law at Prince Albert and in the surrounding rural communities in partnership with now Justice Lyle Zuk. He was actively involved in Canadian Bar Association serving as provincial president and on the national Council. He served in a variety of senior capacities with the Canadian Bar Insurance Association including president and senior Canadian director of its captive reinsurer, Chancery Ltd. He was appointed Queen's Counsel in 1992 and to the Court of Queen's Bench for Saskatchewan in He is currently chair of the Rules committee of the Court.

8 Gregory Thompson, Q.C. McKercher LLP Greg Thompson, Q.C. is a senior litigator in McKercher s Saskatoon office. He is the Chair of the Firm s Insurance Law practice group, and practices extensively in the civil law field with a focus on Insurance Law and particularly Professional Negligence Defence. Greg has appeared before the Saskatchewan Courts (Provincial, Court of Queen s Bench and Saskatchewan Court of Appeal) as well as various Professional and Regulatory Boards. He has also appeared in the Supreme Court of Canada. Greg received his Bachelor of Law from the University of Saskatchewan in 1983 after earning a Bachelor of Arts (Political Science) from the University of Saskatchewan in He became a partner with McKercher LLP in 1991, and was appointed Queen s Counsel in Greg is a frequent speaker at Professional Risk Management seminars. He is actively involved in various community organizations, including Chair of the Mendel Art Gallery Foundation Inc. and former President of Riverside Country Club, past Board member of Saskatoon Visitors and Convention Bureau; Persephone Theatre; Saskatoon United Way Cabinet. He is a member of the Honourable Order of Blue Goose International, an insurance industry related organization. Gregory G. Walen, Q.C., Scharfstein Gibbings Walen Fisher LLP Greg Walen received a B.A. and J.D. from the University of Saskatchewan in He was called to the Saskatchewan Bar in 1981 and appointed Queen s Counsel in Saskatchewan in Greg is a partner with the law firm of Scharfstein Gibbings Walen Fisher LLP in Saskatoon. Greg s practice focuses solely in the area of family law. He has been a Sessional Lecturer in Family Law, College of Law, University of Saskatchewan since 2007, and was a co-coordinator and lecturer for the Family Law Section of the Bar Admissions Course from Greg has written extensively in the area of family law and has been a presenter, panelist and facilitator at many family law conferences organized by the Law Society of Saskatchewan, the Canadian Bar Association, the Saskatchewan Trial Lawyers Association, The National Judicial Institute (NJI) and the Federation of Law Societies National Family Law Program. Greg was a Bencher of the Law Society of Saskatchewan from 2005 to 2012 and was President of the Law Society in He is currently the Council Member and a Director of the Federation of Law Societies of Canada representing the Law Society of Saskatchewan. Greg is recognized by LEXPERT, Best Lawyers in Canada and Benchmark Canada as a leading family law litigator. In 2012 he was named Lawyer of the Year in Family Law for Regina (Area) and again in 2014 and 2016 for Saskatoon by Best Lawyers in Canada In 2015, Greg was awarded the Canadian Bar Association- Saskatchewan Branch s Distinguished Service Award and he was inducted as a Fellow of the International Academy of Family Lawyers.