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Top practitioners and judges will provide refreshers, updates and practical advice that could make all the difference in your next case—inside or outside of the courtroom.

With fewer matters proceeding all the way through trial to judgment these days, many civil litigators find themselves less in touch with the laws and best practices concerning evidence – even though evidentiary considerations remain critical from the earliest stages of the case. What can you prove (or disprove)? How will this affect the framing of the ‘theory of the case’ and your strategic choices? This new program will bring you up to date on the key areas of evidence in civil cases, enabling you to conduct them with greater authority and confidence.

  • Evidentiary issues on motions and applications: how to overcome problems and present properly
  • The role of relevance and materiality in the pre-hearing phase of an action or application
  • What you really need to know about hearsay and the rule in Browne v. Dunn
  • The current state of solicitor-client and litigation privilege, with practical applications
  • It’s admissible, but so what? The art of making evidence weigh more heavily
  • Expert evidence: the seven classic pitfalls
  • Commonly-encountered evidentiary conundrums and their solution (including best-evidence problems, what to do when a witness is unavailable, evidence from other proceedings, and avoiding common errors in electronic trials)
  • Ethical and professional issues involving the use of evidence in civil cases

The program adopts a ‘checklist’ approach, aiming to address all the areas that litigators suspect they may not really understand fully or could benefit from having expertly updated—areas that can cause embarrassment or worse to counsel who don’t have a solid and current grasp of them.



  • Jacqueline L. King, Shibley Righton LLP
  •  Tanya Walker, Walker Law Professional Corporation
  • Robert Bell, Lerners LLP
  • Christopher D. Bredt, Borden Ladner Gervais LLP
  • Igor Ellyn Q.C., C.S., FCIArb., Ellyn Law LLP
  • Andrew Faith, Polley Faith LLP
  • Sean Lawler, Shibley Righton LLP
  • Lindsay Lorimer, McMillan LLP
  • Lisa C. Munro, Lerners LLP
  • The Hon. Justice Fred Myers, Superior Court of Justice (Ontario)
  • Linda Plumpton, Torys LLP
  • Kathryn L. Podrebarac, Podrebarac Barristers Professional Corporation
  • Sam R. Sasso, Ricketts, Harris LLP
  • Jane Sirdevan, Gardiner Roberts LLP
  • The Hon. Justice Jamie K. Trimble, Superior Court of Justice (Ontario)
  • Frank E. Walwyn, WeirFoulds LLP
  • The Hon. Justice Michael H. Tulloch, Court of Appeal For Ontario


Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.


The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

Technical Support

In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - Program On Demand

Date Recorded
April 14, 2016
Running Time


Fee per Delegate

$695 plus HST

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Eligible CPD Credit Hours


Who Should Attend

  • Civil litigators (plaintiffs’ and defendants’ counsel)
  • In-house litigation counsel
  • Litigation law clerks
  • Paralegals

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