Originally held on November 29, 2011, the archived conference is now available for purchase either as a video stream with downloadable link to materials; or on CD-Rom (audio archive with program materials).

On January 1, 2010, the new changes to the Rules of Civil Procedure brought in the concept of the mandatory Discovery Plan.  While some have viewed this as a new burden, not only is it now an unavoidable part of the litigation process, but it can also be a powerful tool when used effectively.  In this succinct program, expert litigators will draw upon experiences since implementation and share tips and strategies for making Discovery Plans both useful and compliant with the requirements of the Rules. 

Agenda

9:00 Welcome and Introduction

9:10 Discovery Plans and the New Rules: Successfully Integrating Plans Into Your Practice

Panel:
Rocco DiPucchio, Lax O'Sullivan Scott Lisus LLP
Jennifer Mathers McHenry, Teplitsky Colson LLP
Frank Cessario, Hicks Morley LLP

Moderator: Brian Radnoff, Lerners LLP

• How discovery plans fit into the new rules and their importance
• The relationship to the proportionality principle and e-discovery issues
• Use (or lack of use) of discovery plans and the impact of this; what explains resistance; the implications of not having a discovery plan
• How discovery plans change the way we deal with disputes in the discovery process
  

10:15    What Does a Good Discovery Plan Look Like?

Brian Radnoff, Lerners LLP
David Altshuller, Teplitsky Colson LLP

• How to draft an effective discovery plan, what to include, when to do it
• Sample discovery plans for different types of cases
• Dealing with difficult or recalcitrant opposing counsel
• Revising the discovery plan
• Impact on production and oral examinations

11:00    Refreshment Break

11:15    Managing Disputes about Discovery Plans

Michael Kortes, Lerners LLP
Ellen Snow, Stikeman Elliott  LLP

• Effectively dealing with disputes about the plan
• Caselaw on discovery plans: guidance from the courts and interaction with the proportionality principle
• What evidence is required to deal with disputes?
• Extending the length of oral examinations -- recent caselaw

12:00   General questions and discussion

12:15   Program concludes

Chair
Brian Radnoff, Lerners LLP

OPD Program Lawyer

Ken Jepson

kjepson@osgoode.yorku.ca

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