Canadian Litigation Forum

Toronto - November 26

12.30 - 6pm

One King West
1 King St W, Toronto

This program contains 1 hour and 50 minutes of Professionalism Content.


Founding Partners


Gold Sponsor

 
 

Overview

Part of the wider Canadian Legal Innovation Forum, the Canadian Litigation Forum’s inaugural event launches in Toronto in November, 2019. The purpose of the forum is to build a national leadership network of litigators focused on innovation in their respective practice areas. It will focus on core, topical themes relevant to litigators and the attendant challenges faced by the businesses they work alongside. Proposed panel, presentation and debate themes outlined below.


Themes

Proposed panel, presentation and interview topics for the Canadian Litigation Forum (full agenda below).

  • Setting the scene: the Canadian litigation landscape.

  • The business of litigation: navigating a post hourly fee world.

  • The application of technology and litigation.

  • International Arbitration - a new paradigm emerges.

  • Investigations: trends and drivers.


Format

  • Half Day, afternoon forum (followed by networking drinks) in Toronto (November 26th)

  • 100 attendees. Participants split between: law firms, in-house counsel and legal sector service providers. 

  • This program contains 1 hour and 50 minutes of Professionalism Content.


Panelists

More panelists to be announced soon…


Agenda

Setting the scene: the Canadian litigation landscape.
As the business and political landscape evolves in Canada and abroad, so does the complexity of litigation risk for Canadian companies. Companies are facing increasing risk in areas such as climate change litigation, enhanced privacy laws and uncertainty regarding corporate criminal penalties and deferred prosecution agreements. Here, the panel will present on and discuss these trends that are both present and on the horizon for companies when it comes to litigation risk. And, how Canadian lawyers can prepare and innovate to address them.

Tom Curry, Managing Partner, Lenczner Slaght
Aimee Collier, Assistant General Counsel, Ontario Power Generation
Michael Torrance, Chief Sustainability Officer | Associate General Counsel, BMO Financial Group

Chair: Jennifer Brown, Senior Editor, Advocate PR
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The business of litigation: navigating a post hourly fee world
The business of litigation is evolving, particularly when it comes to disputes. Alternative financing structures, the emergence of law firms taking on more financial risk and alternative fee structures are all playing key roles. Litigation finance - litigation costs financed by a third party - provides a good example of how companies can better manage litigation risk and points to a new model for alignment of client, law firm and investor incentives. However, these financial innovations also create ethical implications. Some say it encourages the pursuit of profit over cases’ merits, burdens an overcrowded courts system and prompts other ethical considerations. This panel will look at the current and future landscape of the business of litigation in Canada and international jurisdictions.

Scott Morgan, Former Director of Legal Operations, Air Canada
Lauren Tomasich, Partner, Litigation, Osler
Paul Rand, Chief Investment Officer, Bentham IMF

Chair: TBC
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The application of technology and litigation.

E-Discovery and related technologies have been the lynchpin of litigation for many years, and
their potential for multiple areas of application is expanding. Social media, instant messaging apps and data are now ubiquitous in society and business. This emergence creates large sets of data requiring review and analysis when it comes to investigations. In response, companies and law firms are developing solutions - driven by AI/machine learning, enhanced legal research capabilities and advanced project management techniques - to address these challenges. This panel will look at the current context of technology in litigation, the tools currently available to practitioners and what the future looks like in the near to mid-term.

Lisa Alleyne, Senior Legal Counsel, eDiscovery, Scotiabank
Carla Swansburg, President & General Manager (Canada), Epiq
Alan Bass, President, Korbitec Inc.
Natalie Worsfold, Tax Counsel, Counter Tax Lawyers

Chair: Peter Aprile, Tax Lawyer + Founder, Counter Tax Lawyers

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International Arbitration - a new paradigm emerges.
The international arbitration landscape - as globalization’s evolution now finds itself centred around investment and uncertain politics concerning trade - is shifting. This panel will focus on the current international arbitration landscape for Canadian companies. What tools do companies have at their disposal to protect their overseas investments? What evolutions can we expect considering the current domestic and international political landscape? And what opportunities does it provide for lawyers to evolve their own practices in light of this?

Marine Assadollah, General Counsel - North America, Fives
Myriam Seers, Senior Associate, Torys
Joel Richler, Arbitrator/Mediator, Bay Street Chambers

Chair: Paul Tichauer, CEO Arbitration
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Investigations: trends and drivers.

Management of internal and external investigations is critical for in-house lawyers as well as for the external advisors supporting them. And - in recent years - a number of new trends have emerged in terms of the types of investigations being undertaken at companies. What new contexts are emerging when it comes to investigations? How can emerging investigation risks be best managed? And how can effective investigations teams collaborate best to meet these current challenges?

Gerald Chan, Partner, Stockwoods

Chair: TBC

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