Osgoode Professional Development

Agenda

Day One: Wednesday, April 14, 2010

8:30		Registration and Continental Breakfast

9:00		Welcome and Introduction from the Chairs The Hon. Justice Roger T. Hughes, Federal Court of Canada Wennie Lee, Lee and Company

9:05		Bringing/Responding to a Federal Court Action: Procedural and Legal Issues Urszula Kaczmarczyk, General Counsel Immigration Law, Justice Canada Christine M. Pallotta, Bereskin and Parr LLP Relevant statutes and jurisprudence Rules of the Court you need to keep in mind Process for judicial review, including dealing with the tribunal record Legal test for obtaining leave Purpose and significance of granting leave Filing requirements: paper and electronic Common mistakes on filing Timelines for reviews Getting access to information Clarifying the retainer – with your client What can be reviewed by the Court? Most commonly asked questions

10:45		Refreshment Break

11:00		Motions Before the Federal Court - [Part I – Plenary Session] Lorne A. Waldman, Waldman & Associates Regular, urgent and procedural motions What evidence can you introduce on a motion? Motions for extensions of time How do you handle situations when you are out of time? Motions in writing – when and how to use them Regular and urgent sittings Do you want your client in the courtroom? Common pitfalls and how to avoid them

11:30		Motions Before the Federal Court - [Part II – Breakout Sessions] The exploration of winning approaches to motions in the Court continues in breakout groups tailored to your area of greatest interest [choose one]: A. Actions Involving Intellectual Property Mark G. Biernacki, Smart & Biggar/Fetherstonhaugh B. Immigration/Refugee Matters Chantal A.A. Desloges, Green and Spiegel LLP C. Judicial Review Matters Instructor to be confirmed

12:30		Luncheon

1:15		Written Advocacy in the Federal Court: Tips, Traps and Techniques [Part I – Plenary Session] The Hon. Justice John M. Evans, Federal Court of Appeal The principles of clarity: focus, flow and structure How to create compelling and persuasive arguments How to write with impact and capture your reader Key mistakes to avoid

2:00		Written Advocacy in the Federal Court: Tips, Traps and Techniques [Part II – Breakout Sessions] Choose one of the following groups for an interactive discussion keyed to your particular area of interest: D. Actions Involving Intellectual Property Angela M. Furlanetto, Dimock Stratton LLP E. Immigration/Refugee Matters Douglas D. Lehrer, Vandervennen Lehrer F. Judicial Review Matters Andrew E. Bernstein, Torys LLP A 15-minute refreshment break will be taken during the above session.

4:00		Summary & Question-and-Answer Session

4:30		Day One Adjourns


Day Two: Thursday, April 15, 2010

8:30		Registration and Continental Breakfast

9:00		Oral Advocacy in the Federal Court - [Part I – Plenary Session] The Hon. Justice Roger T. Hughes, Federal Court of Canada Wennie Lee, Lee and Company The opening statement is a crucial moment in a trial because it sets the tone and framework for your strategy. An effective closing argument is also critical: it is your last opportunity to convince the trier of fact to return a verdict in your client’s favour. If you want to maximize the impact of your oral advocacy when in Federal Court, this is an essential session. The fundamentals of effective oral advocacy, including: - direct and re-examination - the proper way to introduce exhibits - the importance of establishing credibility Opening statements and closing arguments, including: - effective organization and structure - tips on maximizing their impact in relation to the overall strategy of your case

10:15		Refreshment Break

10:30		Oral Advocacy in the Federal Court - [Part II – Breakout Sessions] The exploration of winning techniques of oral advocacy in the Court continues in breakout groups tailored to your area of greatest interest [choose one]: G. Actions Involving Intellectual Property Timothy M. Lowman, Sim & McBurney/Sim Lowman Ashton & McKay LLP H. Immigration/Refugee Matters Guidy Mamann, Mamann and Associates I. Judicial Review Matters Paul B. Schabas, Blake, Cassels & Graydon LLP

11:45		Mastering the Culture of the Court: Etiquette and Ethics as Elements of Persuasive Advocacy [Closing Plenary Session] The Hon. Justice Michael L. Phelan, Federal Court of Canada Should you gown? Addressing the Court properly The right way to handle questions from the Bench Should you refer to the tribunal record or applicant’s record during the hearing? Ethical and professional issues arising in Federal Court advocacy and how to deal with them

12:45		Program Concludes