Product Type:
Course
Litigation Misconduct 2017
Effective responses to misconduct during civil litigation: Don't get mad, get an order!
—Rebroadcast—
Jump Start on CPD 2018
Friday, March 9, 2018
9:00 am – 4:00 pm via webinar
(Original date: November 17, 2017)
Who should attend: Civil and commercial litigators.
Learning level: All levels
This is CLEBC's first course focused exclusively on addressing misconduct during litigation. Good counsel focus on the issues that matter, make concessions, reach agreements where appropriate, and conduct themselves as officers of the court. Although good counsel approach litigation in this manner, this is not always the case. Misconduct by litigants, their counsel, or in rare cases, by the court, tax our justice system and add frustration, cost, and delay. In this full-day course, senior counsel and judges provide guidance and procedural strategies to effectively respond to and sanction misconduct.
At this course you will learn:
- the types of difficult issues that you can face as counsel — don't be taken by surprise
- professional responsibility and best practices — keep your wits about you
- your arsenal of tools with which to respond to misconduct — don't get mad, instead get an order
Law Society of BC CPD Hours: 5.75 hours (a minimum of 1 hour involves professional responsibility and ethics, client care and relations, and/or practice management)
As part of your registration, you receive a non-transferrable, complimentary registration to any eligible Self-Paced eLearning course—click here to see the list of course offerings. By taking the Self-Paced eLearnnig course, you'll obtain an additional 1 hour of CPD.
Course Chairs
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver
Georges E. Sourisseau — Sourisseau & Co. Litigation Counsel, Vancouver
Pricing
Jump Start on CPD 2018 |
EARLY BIRD
Register by Feb 5 |
Regular Price
After Feb 5 |
| Webinar Rebroadcast |
$419 |
$469 |
| Webinar Rebroadcast Articled Student |
$209 |
$229 |
Save even more with your CPDone Pass.
Registration includes an electronic copy of the course materials.
Please note: The CPD hours of the rebroadcast may differ from the CPD hours of the original, live program. |
Webinar Archive: This course will be added to the Webinar Archive. See below to subscribe.
SPECIAL GROUP RATES! Plus-one pricing!
Gather a few colleagues around a computer to SAVE on Webinar/Rebroadcast costs! Groups pay full price for the main registrant + $149 per day for each additional viewer.* Contact Customer Service for more info.
*If your group includes a student, the first registration must be at the full rate if a lawyer is participating.
Unable to attend without financial support? Learn about our Bursary Program and Easy Pay Plan.
Can't make the course/webinar? Subscribe to:
1. Online Course Materials* — an on-demand archive of CLEBC papers since 2001
2. Webinar Archive* — an on-demand, online video repository of most past CLEBC courses
*Annual subscription rate based on firm size.
CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca
Course Chairs
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver
Georges E. Sourisseau — Sourisseau & Co. Litigation Counsel, Vancouver
About the Course Chairs
 Layne Hellrung is an associate at Fasken Martineau DuMoulin LLP in Vancouver. He practices in the area of civil litigation with a focus on commercial and real estate disputes. Layne received law degrees from both the University of Ottawa and the University of Victoria. He was called to the Quebec bar in 2013 and to the BC bar in 2014.
 Georges E. Sourisseau is a trial and appellate counsel with 30 years of experience. Georges' practice includes all aspects of business related litigation and general civil litigation. A significant portion of his practice involves partnership and shareholder disputes as well as litigation arising from commercial real estate and land development disputes. Throughout his career, Georges has appeared regularly in the BC Supreme Court and the BC Court of Appeal as well as before a variety of administrative tribunals. Alternate dispute resolutions play an increasing role in Georges' practice and he has conducted many successful mediations and commercial arbitrations.
Faculty
The Honourable Chief Justice Christopher E. Hinkson — Supreme Court of BC, Vancouver
Geoff Bowman — Norton Rose Fulbright Canada LLP, Vancouver
Robert W. Cooper, QC — McEwan Partners, Vancouver
Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Shea H. Coulson — Coulson Litigation, Vancouver
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver
John W. Horn QC — Ramsay Lampman Rhodes, Nanaimo
Emily Kirkpatrick — McEwan Partners, Vancouver
William E. Knutson, QC — SHK Law Corporation, Vancouver
Alison M. Latimer — Arvay Finlay LLP, Vancouver
Greg Palm — Hamilton Duncan Armstrong + Stewart Law Corp., Surrey
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver
Jean P. Whittow, QC — Sugden, McFee & Roos LLP, Vancouver
Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver
Click here for full faculty bios »
Welcome and Introduction
Special Costs and Increased Costs
- special costs and the “reprehensible conduct” standard
- pre-litigation conduct
- summary assessment
- increased costs and misconduct
Robert W. Cooper, QC — Cooper Litigation, Vancouver
Emily Kirkpatrick — McEwan Partners, Vancouver
Untangling the Knot: Special Costs, Punitive, Aggravated and Abuse of Process Damages
- sanctioning misconduct — separating damanges and costs
Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver
Break
Procedural Strategies for Addressing Misconduct
- applications, including security for costs, abuse of process, striking pleadings and for failure to comply with the Rules
- injunctions
- case management
- vexatious litigant orders
Geoff Bowman — Norton Rose Fulbright Canada LLP, Vancouver
Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver
Document Disclosure Misconduct
- breach of the implied undertaking and sealing/protective orders
- the affidavit of documents
- sanctions for document misconduct
Shea H. Coulson — Coulson Litigation, Vancouver
Law Society Complaints: Counsel’s Obligations
- what are counsel’s obligations?
- when is resolution between counsel appropriate
- when and how to make a complaint
- responding to frivolous complaints and threats
Jean P. Whittow, QC — Sugden, McFee & Roos LLP, Vancouver
Under the Covers
- claims and activities that the LSBC insurance program compulsory policy covers
- risks the compulsory policy doesn't cover, such as trust shortages caused by fraudsters and thieves
- commercial liability insurance products that help protect you from those risks
Coran Cooper-Stephenson — Claims Counsel, Lawyers Insurance Fund, Vancouver
Maryanne Prohl — Claims Counsel, Lawyers Insurance Fund, Vancouver
Lunch
Disagreeing Without Being Disagreeable: Being Effective Counsel
- being effective — civility is not weakness
- dealing with incivility — examples from practice
- promoting civility in practice
William E. Knutson, QC — SHK Law Corporation, Vancouver
Costs Against Counsel
- the law of costs against counsel
- recent guidance from the SCC in Jodoin
- a policy discussion
John W. Horn QC — Ramsay Lampman Rhodes, Nanaimo
Greg Palm — Hamilton Duncan Armstrong + Stewart Law Corp.
Break
Panel: The Line Between Zealous Advocacy and Misconduct
Moderator: Layne Hellrung — Fasken Martineau DuMoulin LLP, Vancouver
The Honourable Chief Justice Christopher E. Hinkson — Supreme Court of BC, Vancouver
Alison M. Latimer — Arvay Finlay LLP, Vancouver
Questions and Discussion — Closing Remarks
This course has no current sessions.
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