Civility (and the lack of it), sharp practice & litigating with self-reps | CPDonline.ca

Civility (and the lack of it), sharp practice and litigating with self-reps

Civility (and the lack of it), sharp practice and litigating with self-reps

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Credits
Professionalism (Ethics, etc.): 0.75
Substantive: 0.25
Published
2015
Presenter(s)
Katherine Corrick
Liza Sheard
G. Patrick Smith
Robert Smith
Source
County of Carleton Law Association (CCLA)
Provider
CPDOnline.ca
Language
English
Length
55 minutes
Price
$119.00 plus tax
CCLA 35th Civil Litigation Conference

JUDGES’ PANEL: Civility (and the lack of it), sharp practice and litigating with self-reps: The best—and the worst—we’ve seen in court

Ethical Advocacy

  • Practising with civility in the courtroom or the boardroom
  • Treating the court, tribunal, opposing counsel, parties and others with courtesy and respect
  • Refraining from sharp practice
  • Encouraging respect for legal institutions or authorities

Some of the questions the panel will address will be the following:

  1. What are the common attributes of the best counsel?
  2. When you first became a judge, what surprised you most about the conduct of some lawyers in court?
  3. Is “civility” still an issue? Does the answer to this question depend upon the jurisdiction?
  4. What have you seen counsel do that you would describe as sharp practice? How do you respond? (Examples: Misstating of evidence or the law are not uncommon—and are very unpersuasive)
  5. What are good and bad examples you have seen of how to handle self-represented litigants? What triggers a judge’s “rescue” mechanism?

Presenters

Justice Katherine Corrick

Madam Justice Corrick was appointed to the Superior Court of Justice on August 6, 2010. Prior to her appointment, she was Director of Policy and Tribunals, and Secretary at the Law Society of Upper Canada, a position she held from 1996 until her appointment. Justice Corrick received a Bachelor of Laws (LL.B.) from Osgoode Hall Law School in 1979 and was admitted to the Ontario Bar in 1981. Prior to joining the Law Society as a faculty member of the Bar Admission Course in 1991, Justice Corrick practised criminal defence work. From 1993 to 1999, she was an Alternate Chair of the Ontario Review Board.

Justice Liza Sheard

Justice Sheard was a lawyer with Evans Sweeny Bordin LLP in Hamilton before being appointed a judge of the Ontario Superior Court of Justice in June 2015. Justice Sheard, had been a lawyer with Evans Sweeny Bordin LLP since 1994, where she practiced with an emphasis on estate and mental incompetency litigation and mediation. She also practiced as a defense counsel for the Lawyers’ Professional Indemnity Company. She has been a Certified Specialist in Civil Litigation since 2007. Previously, she was an associate with Ross & McBride and Charleton Murphy from 1988 to 1994 and with Cassels Brock & Blackwell from 1984 to 1988, both in Toronto. Justice Sheard received a Bachelor of Laws from the University of Ottawa in 1984 and was admitted to the Bar of Ontario in 1986.

Justice G. Patrick Smith

Justice Smith was appointed to the Superior Court of Ontario (Thunder Bay, Ontario) in October 2001, and he transferred to Ottawa in 2013. He has extensive experience in criminal and complex civil litigation with a special interest in alternate dispute resolution and mediation. Justice Smith has been extensively involved for several years in the education of lawyers and judges, is a member of the Superior Court of Ontario Judicial Education Committee, a faculty member of the National Judicial Institute and past instructor at the Ontario Bar Admission Programme.

Justice Robert Smith

Justice Robert Smith graduated from Queen’s University in 1977, called to the Bar in 1979 and appointed to the Superior Court in Ottawa in 2002. He co-authored the Costs Compendium Update for the East Region of Ontario published in 2010 and 2012, has written many costs decisions and spoken on Costs at the County of Carleton Law Association Montebello Conference and This Hour Has 22 Judges. He is designated as one of the Class Action Judges for the East Region and member of the Commercial Panel. He was successful counsel on a lengthy class action during the 10 years before appointment, which included a 16-month trial, over 30 defendants and appeals. He practiced in areas of commercial law, civil litigation and some family and criminal law in previous years and was elected to the executive of both the County and District Law President’s Association and the Ontario Bar Association for many years, as well as involvement with other legal and charitable organizations.

Practice Areas

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