Rebroadcast:
"Last Kick at the Can": Monday, December 15, 2014; Time: 9:00 am – 4:00 pm
(Original course: Friday, April 25, 2014)
Who should attend: Civil litigators who act in private or public sector litigation.
Learning level: Fundamental/Intermediate
All litigators should know how to both utilize and defend against this powerful first strike litigation tool!
One of the best ways to deal with a piece of litigation is to shut it down before it has a chance to get going—“nipping it in the bud” as it were. In this regard, the motion to strike is a potent weapon in a litigator’s arsenal. There are, however, important limitations on how and when this instrument can be used and practice pitfalls for the unwary. This comprehensive course will look at the law and practice surrounding the use of motions to strike in both private and public sector litigation. You will learn what a motion to strike is, the different types of motions to strike, the test for successful motions to strike, and best practices and practice pitfalls. The program will include the "view from the bench" from the BC Supreme Court.
At this course you will learn about...
- motions to strike as a litigation tool: the different types and how they are used
- the practice nuance of the different types of motions to strike
- best practice with motions to strike and differences between BC Supreme Court and the Federal Court
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 Chair
Jennifer Chow — Department of Justice Canada, Vancouver
Pricing
"Last Kick at the Can" Rebroadcast: $450
Unable to attend without financial support? To learn more about CLEBC's Bursary Program click here and for our Easy Pay Plan click here.
Registration includes an electronic copy of the course materials and a networking lunch (live course only).
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CLEBC Program Lawyer
Raymond Lee
rlee@cle.bc.ca
Course Chair
Jennifer Chow — Department of Justice Canada, Vancouver
Faculty will include
The Honourable Associate Chief Justice Austin F. Cullen — Supreme Court of BC, Vancouver
Gwendoline Allison — Foy Allison Law Group, West Vancouver
Daniel R. Bennett, QC — Bull, Housser & Tupper LLP, Vancouver
Karen L.M. Carteri — McMillan LLP, Vancouver
Tracey M. Cohen — Fasken Martineau DuMoulin LLP, Vancouver
Gavin Crickmore — Hungerford Tomyn Lawrenson & Nichols, Vancouver
Robbie S. Fleming — Robert Fleming Lawyers, Vancouver
K. Michael Stephens — Hunter Litigation Chambers, Vancouver
John Sullivan — Harper Grey LLP, Vancouver
_________________________________________________________
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Welcome and Introduction
Jennifer Chow — Department of Justice Canada, Vancouver
Motions to Strike: The Spectrum of Strike-like Applications
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what is a motion to strike?
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the different types of motions to strike
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what are the differences between motions to strike brought in BC Supreme Court and Federal Court?
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should I include an alternative application to the motion to strike?
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strategic considerations for and against motions to strike
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professionalism, ethics, and practice management concerns
Jennifer Chow — Department of Justice Canada, Vancouver
John Sullivan — Harper Grey LLP, Vancouver
Motions to Strike for Default of Rule or Order
- default judgment by way of applications to strike
Robbie S. Fleming — Robert Fleming Lawyers, Vancouver
Networking Break
Will It Be “Plain and Obvious” That I Need to do a Motion to Strike?
- what if my argument is really long?
- when should one move to amend the pleadings?
- when will summary judgment be an important complementary approach?
Daniel R. Bennett, QC — Bull, Housser & Tupper LLP, Vancouver
Motion to Strike for No Reasonable Cause of Action and Motions to Strike on Other Grounds That Allow Evidence
- BCSC Rule 9-5(1)(a) and FC Rule 221(a): why can’t I rely on evidence?—case discussions
- what about limitations?; will a court strike a pleading on the basis of limitations or will limitations always require a trial?
- structure/example of a typical motion to strike argument for no reasonable cause—case discussions
- BCSC Rule 9-5(1)(b)-(d): what are the differences between these grounds?—leading and recent case discussions
- FC Rule 221 (b)-(f): what are the differences between these grounds?—leading and recent case discussions
- structure/example of a typical motion to strike argument with evidence
Karen L.M. Carteri — McMillan LLP, Vancouver
K. Michael Stephens — Hunter Litigation Chambers, Vancouver
Networking Lunch
Motions to Strike for Want of Jurisdiction
- BCSC Rule 21-8: practical examples of when they are brought—leading and recent case discussions
- sections 18/18.1 FC Act: practical examples of when they are brought—leading and recent case discussions
- structure of a typical motion to strike for want of jurisdiction argument (and evidence); if the court is hearing my application, don’t they already have jurisdiction?
Gwendoline Allison — Foy Allison Law Group, West Vancouver
Motions to Strike for Want of Prosecution
- BCSC Rule Rule 22 7(7): practical examples of when they are brought—leading and recent case discussions
- FC Rule 221(1)(d): practical examples of when they are brought—leading and recent case discussions
- structure of a typical motion to strike for want of prosecution argument (and evidence); how long should I wait before bringing one?
Gavin Crickmore — Hungerford Tomyn Lawrenson & Nichols, Vancouver
Networking Break
Class Actions and Motions to Strike
- how do motions to strike fit in with the pre-certification steps?
- other considerations unique to class actions
Tracey M. Cohen — Fasken Martineau DuMoulin LLP, Vancouver
View from the BCSC Bench
- does access to justice mean motions to strike should only rarely be granted?; does proportionality factor in at all?
- do judges prefer other applications rather than stand-alone motions to strike?; will the courts always strive to allow amendments?; does it make a difference if a party is self-represented or is a government?
The Honourable Associate Chief Justice Austin F. Cullen — Supreme Court of BC, Vancouver
Concluding Remarks
Jennifer Chow — Department of Justice Canada, Vancouver