Civil Litigation Basics 2023

Course Chairs
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver

About the Course Chairs
Ward Branch is judge of the BC Supreme Court. He was formerly the manager/partner of the firm, Branch McMaster LLP, where his practice focused on class actions and insurance. He was counsel in the first class action cases to come before the BC Supreme Court and BC Court of Appeal. Justice Branch was retained in over 150 class actions in Nova Scotia, New Brunswick, Ontario, Quebec, Saskatchewan, Alberta, and BC, and acted both for and against the Governments of BC, Alberta, and Canada in class actions.

Mr. Justice Branch was named Canada's Class Action Litigator of the Year for 2013 and 2015 by Benchmark Canada, and BC's Bet-the-Company Litigator of the Year in 2012 by Best Lawyers. He was named King's Counsel in 2015.

Mr. Justice Branch is the author of the textbook Class Actions in Canada, which has been cited with approval by the Supreme Court of Canada. He has written extensively and presented frequently on all things class actions. Mr. Justice Branch was called to the bars of BC, Ontario, and Alberta, and was an adjunct professor at UBC.

Mr. Justice Branch is a graduate of the University of Toronto Law School, where he was awarded the Dean's Key.

Luciana Brasil is a partner at Branch MacMaster LLP, Vancouver and the leader of its class action practice. For the past 16 years, she has practiced almost exclusively in the area of class actions where she has maintained a dual practice representing both plaintiffs and defendants (not in the same case!) in actions commenced across Canada.

Luciana was born in Sao Paulo, Brazil, and commenced her legal studies there. She enjoyed attending law school so much she did it twice, and has a Bachelor of Civil Law Degree (from Mackenzie University in Sao Paulo, Brazil) and a Bachelor of Laws Degree (from University of Victoria). Luciana now gets her periodic fix of schooling by teaching class actions to upper year law students at Allard Hall, UBC. Luciana was admitted to the BC bar in 1999 and to the Alberta bar in 2013.

Luciana has been repeatedly recognized by Lexpert as a leading practitioner in class actions and in 2020 was included in Benchmark's list of Top 50 Women in Litigation (Canada).

When not litigating with or against leading class action practitioners, Luciana might be litigating at home with her 10 going on 15 year old daughter, with whom she also shares a passion for equestrian pursuits and travelling to remote destinations.

Faculty
The Honourable Madam Justice Carla L. Forth — Supreme Court of BC, Vancouver
The Honourable Mr. Justice Warren B. Milman — Supreme Court of BC, Vancouver
The Honourable Madam Justice Palbinder K. Shergill — Supreme Court of BC, New Westminster
Trevor Bant — Litigation Counsel, Ministry of Attorney General, Victoria
Brad Dixon — Borden Ladner Gervais LLP, Vancouver
Malcolm B. Funt — Bojm, Funt & Gibbons LLP, Vancouver
Chelsea Hermanson — Camp Fiorante Matthews Mogerman LLP, Vancouver
Claire E. Hunter, KC — Hunter Litigation Chambers, Vancouver
David G.A. Jones — Camp Fiorante Matthews Mogerman LLP, Vancouver
Donald B. Lebans — Branch MacMaster LLP, Vancouver
Spencer Malthouse — Fasken Martineau DuMoulin LLP, Vancouver
Wesley J. McMillan — Allen/McMillan Litigation Counsel, Vancouver
Andrew P. Morrison — Shields Harney LLP, Vancouver
Julia V. Murray — Bojm, Funt & Gibbons LLP, Vancouver
Michael Parrish — Fasken Martineau DuMoulin LLP, Vancouver
Susanne K. Raab — Pacific Medical Law Corporation, Vancouver
Christopher Rhone — Branch MacMaster LLP, Vancouver
Jill S. Yates — McCarthy Tétrault LLP, Vancouver

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British Columbia Civil Trial Handbook

Why go to court alone? Take your mentor with you!

This publication is essential for: litigators looking for a handy trial procedure resource in court or at the office

Current to: July 1, 2021

From your first client meeting, every step you take in a file could become part of your trial preparation. The British Columbia Civil Trial Handbook (6th ed.) is your guide to preparing a case that will be litigated in the BC Supreme Court. You have access to succinct explanations and techniques of leading advocates on pleading your case, managing pre-trial procedures, preparing your evidence and challenging others', and conducting the trial before a judge or a jury. Checklists of considerations for each stage of trial preparation and sample trial documents are designed to help you with trial management.

With this resource, you will be able to:

• access the knowledge of seasoned advocates for each step of litigation, from the client retainer to obtaining costs
  
• get organized for trial with a sample trial brief, litigation budget, and trial preparation checklist
  
• quickly search for support with evidence, witnesses, and objections while in the courtroom

Buy today and be well prepared for any stage of litigation! View a sample from this book!

Highlights of the 6th Edition include:

• all chapters, forms and precedents, and other features of the manual have been brought current to July 1, 2021
• new chapter 6 (Disposition of the Case Before Trial) and significant revisions to chapter 7 (Preparing Documentary Evidence in a Civil Case), and chapter 12 (Objections at Trial)
• new and expanded discussion regarding, among others, the following:
  • modified court procedures during the COVID-19 pandemic
  • considerations for drafting third party pleadings
  • preparation for trial management conferences
  • use of document management programs (DMPs)

Day 1
Thursday, May 18, 2023

Course Introduction and Land Acknowledgement (9:00 – 9:10)

1.  The Course Plan
2.  The Fact Pattern
3.  The Error Identification Contest

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Raymond Lee — Program Lawyer, CLEBC, Vancouver

Ex Parte Mareva Application (9:10 – 9:40)

Justice:
The Honourable Madam Justice Carla L. Forth — Supreme Court of BC, Vancouver

Counsel:
Claire E. Hunter, KC — Hunter Litigation Chambers, Vancouver

BREAK (9:40 – 9:45)

Case Planning Conference (9:45 – 10:10)

Justice:
The Honourable Mr. Justice Warren B. Milman — Supreme Court of BC, Vancouver

Counsel:
Chelsea Hermanson — Camp Fiorante Matthews Mogerman LLP, Vancouver
Donald B. Lebans — Branch MacMaster LLP, Vancouver

BREAK (10:10 – 10:15)

Contested Telephone Application (10:15 – 10:45)

Justice:
The Honourable Mr. Justice Warren B. Milman — Supreme Court of BC, Vancouver

Counsel:
Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Jill S. Yates — McCarthy Tétrault LLP, Vancouver

BREAK (10:45 – 11:00)

Contested In-person Application (11:00 – 12:00)

Justice:
The Honourable Madam Justice Carla L. Forth — Supreme Court of BC, Vancouver

Counsel:
Brad Dixon — Borden Ladner Gervais LLP, Vancouver
David G.A. Jones — Camp Fiorante Matthews Mogerman LLP, Vancouver 

LUNCH (12:00 – 1:00)

Contested MS Teams Application Brought by a Lay Litigant (1:00 – 1:40)

Justice:
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver

Counsel:
(Lay Litigant) Luciana P. Brasil — Branch MacMaster LLP, Vancouver
Michael Parrish — Fasken Martineau DuMoulin LLP, Vancouver

BREAK (1:40 – 1:55)

Pre-trial Conference (1:55 – 2:35)

Justice: 
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver

Counsel:
Wesley J. McMillan — Allen/McMillan Litigation Counsel, Vancouver
Christopher Rhone — Branch MacMaster LLP, Vancouver

BREAK (2:35 – 2:40)

Question and Answer Period (2:40 – 3:00)

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver

Day 2
Friday, May 19, 2023

Introduction and Land Acknowledgement (9:00 – 9:10)

The Leader Board in the Error Identification Contest

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver

Faculty for The Trial

Justices:
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
The Honourable Madam Justice Palbinder K. Shergill — Supreme Court of BC, New Westminster

Counsel:
Trevor Bant — Litigation Counsel, Ministry of Attorney General, Victoria
Malcolm B. Funt — Bojm, Funt & Gibbons LLP, Vancouver
Andrew P. Morrison — Shields Harney LLP, Vancouver
Susanne K. Raab — Pacific Medical Law Corporation, Vancouver

Witnesses:
Spencer Malthouse — Fasken Martineau DuMoulin LLP, Vancouver
Julia V. Murray — Bojm, Funt & Gibbons LLP, Vancouver

Trial: Procedural Preliminaries (9:10 – 9:45)

Trial: The Plaintiff's Opening

Read Ins

Justice:
The Honourable Madam Justice Palbinder K. Shergill — Supreme Court of BC, New Westminster

Counsel:
Plaintiff: Trevor Bant — Litigation Counsel, Ministry of Attorney General, Victoria
Defendant: Malcolm B. Funt — Bojm, Funt & Gibbons LLP, Vancouver

BREAK (9:45 – 9:50)

Trial: Examination-in-chief (9:50 – 10:45)

Objections (leading, relevance, hearsay, speculation/opinion)
Admitting business records
Past recollection recorded
Present memory revived

Justice:
The Honourable Madam Justice Palbinder K. Shergill — Supreme Court of BC, New Westminster

Counsel:
Plaintiff: Trevor Bant — Litigation Counsel, Ministry of Attorney General, Victoria
Defendant: Malcolm B. Funt — Bojm, Funt & Gibbons LLP, Vancouver

Witnesses:
Spencer Malthouse — Fasken Martineau DuMoulin LLP, Vancouver
Julia V. Murray — Bojm, Funt & Gibbons LLP, Vancouver

BREAK (10:45 – 11:00)

Trial: Cross-examination of the Plaintiff (11:00 – 11:45)

Impeaching the Witness

Justice:
The Honourable Madam Justice Palbinder K. Shergill — Supreme Court of BC, New Westminster

Counsel:
Plaintiff: Trevor Bant — Litigation Counsel, Ministry of Attorney General, Victoria
Defendant: Malcolm B. Funt — Bojm, Funt & Gibbons LLP, Vancouver

Witnesses:
Spencer Malthouse — Fasken Martineau DuMoulin LLP, Vancouver
Julia V. Murray — Bojm, Funt & Gibbons LLP, Vancouver

BREAK (11:45 – 11:50)

Trial: Defendant's Opening (11:50 – 12:30)

Trial: Examination-in-chief of Defendant

Justice:
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver

Counsel:
Plaintiff: Andrew P. Morrison — Shields Harney LLP, Vancouver
Defendant: Susanne K. Raab — Pacific Medical Law Corporation, Vancouver

Witnesses:
Spencer Malthouse — Fasken Martineau DuMoulin LLP, Vancouver
Julia V. Murray — Bojm, Funt & Gibbons LLP, Vancouver

LUNCH (12:30 – 1:15)

Trial: Cross-examination of the Defendant (1:15 – 2:05)

Trial: Closing Arguments

Justice:
The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver

Counsel:
Plaintiff: Andrew P. Morrison — Shields Harney LLP, Vancouver
Defendant: Susanne K. Raab — Pacific Medical Law Corporation, Vancouver

Witnesses:
Spencer Malthouse — Fasken Martineau DuMoulin LLP, Vancouver
Julia V. Murray — Bojm, Funt & Gibbons LLP, Vancouver

BREAK (2:05 – 2:20)

The Reserve (2:20 – 2:50)

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
The Honourable Madam Justice Palbinder K. Shergill — Supreme Court of BC, New Westminster

BREAK (2:50 – 2:55)

Question and Answer Period (2:55 – 3:25)

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver

Closing Remarks (3:25 – 3:30)

The Winner of the Error Identification Contest

The Honourable Mr. Justice Ward K. Branch — Supreme Court of BC, Vancouver
Luciana P. Brasil — Branch MacMaster LLP, Vancouver