Litigation

What interests the Canadians at the trial lawyers convention

By Carter Wood

The American Association for Justice's summer convention this year is in Vancouver, B.C., in mid-July. Naturally, there are more Canadian-oriented sessions than usual, and we find the agenda an interesting glimpse of legal perspectives and priorities north of the border. Ziplines!

The Ontario Trial Lawyers Association has posted the agenda for the sessions sponsored by the the AAJ's Canadian Caucus on Sunday, July 11, "Torts Canadian Style: Preparation, Persuasion & Preparation." The first two sessions:

SEA TO SKY TORTS

In this session, our panelists will discuss negligence claims arising from a variety of outdoor activities. Discussions will include typical scenarios, waivers, strategy and practical considerations of pursuing each type of claim. The session is intended to give a quick highlight of litigating in each potential claim area.

• Zipline Injuries - Pamela Boles (BC)
  
• Snow Boarding/Ski Hill Injuries - Judith A. Hull (ON)
  
• ATVs & Motor Bike Injuries - TBA
  
• Pool Injuries - Jim Scarfone (ON)
  
• Small Boating Craft Injuries - Roger Watts (BC)
  
• Horseback Riding Injuries - Catherine Willson (ON)

EFFECTIVE ADVOCACY TO MAXIMIZE DAMAGES UNDER THE CAP

In 1978, the Supreme Court of Canada decided a "trilogy" of personal injury cases that imposed a judicial cap on non-pecuniary damages of $100,000 (currently approximately $300,000 revised for inflation). Two leading Canadian lawyers will discuss strategies for litigating under the Canadian cap, and for expanding claims for pain and suffering to the fullest extent possible. Commentary from the bench will follow these presentations.

• Barbara Legate (ON)
  
• Joseph Murphy (BC)
  
  Commentator:
  
• The Hon. Justice Nate Smith (BC)

Full post as published by Point of Law on June 18, 2010 (boomark / email).