The (Not So) New Civil Rules 2011

Thursday, June 23, 2011
Time: 9:00 am – 4:15 pm
Vancouver Convention Centre (West Building), 1055 Canada Place

Who should attend: Civil litigators who practice in the Supreme Court of BC.

Learning level: All levels

A brave new world of litigation unfolding
The New BC Supreme Court Rules came into effect on July 1, 2010. The most sweeping change to British Columbia civil litigation in over 3 decades, the New Rules affect a number of critical areas of litigation: pleadings, discovery, expert evidence, and case planning conferences, to name but a few. Under the guiding principle of Proportionality, the jurisprudence of the New Rules has begun to take shape and continues to unfold. This comprehensive one-day program will take stock of the past year’s developments with an eye to understanding where the New Rules currently are and where they are likely to go.

CLEBC is piloting the use of Twitter at this program. You can post a question or comment on Twitter using the hashtag: #clebcrules. Want to find out more? Download: A Guide for Using Twitter at CLEBC Programs.

Law Society of BC CPD Hours: 6.5 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs 
Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Brook J. Greenberg — Fasken Martineau DuMoulin LLP, Vancouver

Registration includes course materials and lunch. These materials are not available for purchase separately. Note: You will continue to receive a print copy of the materials at the course. In addition, you will receive an email with a link to the online version of the materials approximately one day before the course.

CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca

Course Chairs 
Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Brook J. Greenberg — Fasken Martineau DuMoulin LLP, Vancouver

Faculty will include 
The Honourable Chief Justice J.J. Michel Robert — Quebec Court of Appeal, Montreal
The Honourable Mr. Justice G. Bruce Butler — Supreme Court of BC, Vancouver
The Honourable Madam Justice Gail M. Dickson — Supreme Court of BC, Vancouver
The Honourable Mr. Justice Nathan H. Smith — Supreme Court of BC, Vancouver
Master William McCallum — Supreme Court of BC, Victoria
Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Daniel R. Bennett — Bull, Housser & Tupper LLP, Vancouver
Marguerite H. Church — Cundari Seibel LLP, Kamloops
Murray A. Clemens, QC — Nathanson Schachter & Thompson LLP, Vancouver
Craig P. Dennis — Sugden McPhee & Roos LLP, Vancouver
Jennifer Francis — Fasken Martineau DuMoulin LLP, Vancouver
Geoffrey B. Gomery, QC — Nathanson Schachter & Thompson LLP, Vancouver
Brook J. Greenberg — Fasken Martineau DuMoulin LLP, Vancouver
Faith E. Hayman — Faith E. Hayman Law Corporation, Vancouver
J. Kenneth McEwan, QC — Hunter Litigation Chambers, Vancouver
Alison L. Murray, QC — Murray Jamieson, Vancouver

Introduction

Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Brook J. Greenberg — Fasken Martineau DuMoulin LLP, Vancouver

The 2010 Civil Rule Reforms in Context

• the history and jurisprudential roots of modern civil procedure
• the rules of court in a historic context and procedural developments in British Columbia
• the key concepts of proportionality and case management and a consideration of the extent to which these concepts represent a departure for procedure in British Columbia

Overview of the New Rules

• the structure and content of the New Rules generally
• the structure and content of the New Rules in key areas of change: discovery, expert evidence, and fast track litigation
• changes to the New Rules that have been introduced since their promulgation in July of 2010
• many rules are unchanged: the areas of practice that have not been changed under the New Rules

Networking Break

Proportionality

• proportionality is one of the new key concepts enshrined in the New Rules, or is it?
• how does proportionality relate to the inherent jurisdiction of the court?
• does proportionality signal a new way to achieve expeditious and less expensive justice? is it a cultural revolution in civil litigation?
• is proportionality merely the means to an end, or can the concept act as a stand-alone power glossing all procedural rights? what is the operational scope of the principle of proportionality?
• a review of authorities relating to proportionality and its application from BC and other jurisdictions
• how does the recent experience in British Columbia contrast with other jurisdictions?

Lunch with Featured Speaker

The Honourable Chief Justice J.J. Michel Robert — Quebec Court of Appeal, Montreal

Pleadings and Summary Processes

• the general tilt of the New Rules is to front-end-load the process so that the parties are encouraged to consider the litigation in a broader context and not see the process as a series of separate steps; the pleading rules are central to this concept
• the pleadings rules are primarily unchanged but the way pleadings interact with the other rules encourages parties to take pleadings more seriously and to undertake more consideration and planning of a case from the outset
• what changes to the New Rules are in order and how the new structure of pleadings can be used most persuasively and effectively by parties to an action 

Applications

• this is an area of change under the New Rules; the old Rule 51A application process has been set aside in favour of the “file and serve” process that was in place for many years
• the pros and cons of the new system and some key sub-rules for preparing applications
• the topic of applications has undergone an overhaul since the New Rules were introduced and the new time lines will be discussed

Networking Break

Case Planning Conferences and Trial Management Conferences

• case planning and litigation planning are key concepts in the New Rules and these are rules which attempt to bring this principle to life
• the experience to date with these rules and how these rules can be used more innovatively and to greater effect
• does the sub-rule which precludes orders from being made where evidence is required work? will case management be hobbled by a requirement of evidence for all but the most simple procedural issues?
• a review of authorities relating to CPCs/TMCs and applications brought within these conferences

The Road Forward

• the New Rules in this jurisdiction are part of a worldwide trend relating to change in procedure in the common law countries
• since the New Rules were introduced in British Columbia, many comparable changes have been introduced in Alberta and Ontario
• a review of the changes in these other Canadian jurisdictions with an eye to what has worked and not worked there and what might be coming to British Columbia

Concluding Remarks

Peter C.P. Behie, QC — Ramsay Lampman Rhodes, Nanaimo
Brook J. Greenberg — Fasken Martineau DuMoulin LLP, Vancouver