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Login to watch this video if you have a subscription. Learn more about subscriptions.This panel discussion brings together experienced trial lawyers to share practical insights, lessons learned, and real-world experiences from the courtroom. Jill McCartney and Shauna Powell will highlight common challenges that arise during trial, including evidentiary disputes, witness management, jury communication, and judicial expectations. In addition to substantive strategies, the panel will emphasize the professional judgment, civility, and competence required of trial counsel. Participants will gain candid perspectives on strategies that succeed, mistakes to avoid, and the ethical obligations that arise in trial practice when facing unexpected developments. Learning Objectives: By the end of this session, participants will be able to: recognize common pitfalls that arise during trial and how to avoid them, apply practical strategies for effective advocacy, including handling witnesses, evidence, and objections, understand the importance of preparation and adaptability when facing unanticipated issues, incorporate professional obligations into trial practice, including civility, candour with the court, and competent management of evidence and witnesses.
Jill McCartney is a partner at Siskinds LLP. Her practice is focused exclusively to health law litigation. She represents injured clients in medical negligence cases, as well as medical product class actions. She has appeared before the Ontario Superior Court of Justice, Divisional Court, Court of Appeal, and Consent and Capacity Board. She has acted as counsel on several complex medical negligence trials. Jill is counsel on a number of complex medical product class actions, including transvaginal mesh, hernia mesh, and inferior vena cava filters.
Jill received her B.A. (Hon.) in Applied Health Sciences from the University of Waterloo. She received her LL.B. from the University of Western Ontario and was called to the Ontario bar in 2005. Since her call to the bar, Jill has completed a Master’s of Science degree with the University of Toronto, Faculty of Medicine in Health Policy. Her graduate research focused on the disclosure of safety incidents involving pediatric patients. Jill is currently pursuing a further Master’s degree in Health Law with York University.
Jill is a Board Member with the Western University Health Sciences Research Ethics Board, which is responsible for reviewing research involving medical patients within London's health care community. She is also a member of the school Governance Committee at Matthew’s Hall, which is responsible for helping to ensure the school is in compliance with all applicable standards. Jill is a member of a number of professional organizations, including The Advocates’ Society. She has been a Co-Chair of The Advocates’ Society Courthouse Series in London for more than 10 years.
Shauna Powell’s practice has focused extensively on health law in the 20 years that she has been at Lerners. Shauna has significant experience providing representation to health professionals in both civil and administrative matters. She has successfully defended physicians against claims of medical negligence and has appeared as trial counsel in the Ontario Superior Court of Justice on numerous occasions and as appellant counsel before Ontario’s Divisional Court and Court of Appeal. She also provides representation to physicians in matters before the College of Physicians and Surgeons including disciplinary matters and fitness to practice hearings. Shauna has frequently appeared before the Health Professions Appeal Board and has been involved in various inquests where medical physicians have required assistance. She also assists physicians in privileging matters, which has included representation of physicians before Credentialing Committees, Medical Advisory Committees and Hospital Boards. In addition to her work with physicians, Shauna has significant experience providing representation to chiropractors in civil litigation matters. Shauna has both a Canadian and U.S. law degree.