Canadian Litigation Forum

Toronto - November 26, 2019

Sun Life Financial Tower (Vantage Venues)
16th Floor
150 King Street West, Toronto


Founding Partners


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.

Litigation Finance.

The application of technology and litigation.

International Arbitration - a new paradigm emerges.

Debate. Litigation: Big Law vs Boutique?


Format

  • Half Day, afternoon forum (followed by networking drinks) in Toronto (November 27th)

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

  • CPD professionalism credits available to attendees (application under review by LSO)


Agenda - November 2019

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 companies. This panel will discuss what trends are present and on the horizon for companies when it comes to litigation risk. And, how Canadian lawyers can innovate to take advantage of these trends.
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Litigation Finance.
Litigation finance - litigation costs financed by a third party - is a relatively new innovation in the Canadian legal sector. And its disruptive potential is gaining momentum. It can allow companies to better manage risk in litigation, creates a new model for client, law firm and investor incentives and enables better access to justice. Yet, its critics say there are downsides. It encourages the pursuit of profit over case's merits, burdens an already overcrowded courts system and prompts ethical considerations. This panel will look at the current and future landscape of litigation funding in Canada and international jurisdictions.

Chair: Paul Rand, Chief Investment Officer, Bentham IMF
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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 application is expanding. Widespread advances in the types of applications
available to users has exploded in recent years. Social media, instant messaging apps and data
are now ubiquitous in society and business. Their emergence creating large sets of data requiring review and analysis for investigations. In response, technology firms are developing solutions - driven by AI and machine learning - to address this. This panel will look at the current context of technology in litigation, where it's headed and the tools available to lawyers.

Chair: Carla Swansburg, President & General Manager (Canada), Epiq

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International Arbitration - a new paradigm emerges.
In international arbitration, the use of ISDS (investor state dispute settlement) is an important
legal mechanism for Canadian companies to protect their investments abroad. And, as
globalization’s evolution now finds itself centred around investment and uncertain politics, it’s
under the microscope. As a result, ISDS has become politicized - in both domestic and international spheres. It played a prominent role in the recent NAFTA/USMCA negotiations, prompting opposition from both policymakers and citizens. Yet, when considering the facts and alternatives, it remains the most effective tool to resolve disputes between companies and foreign governments. 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?
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Debate. Litigation: Big Law vs Boutique?

Panelists:

  • 1 x Litigator from Large Law Firm

  • 1x Litigator from Boutique Firm

  • 1 x Litigation Counsel - Large Company

  • 1 x Litigation Counsel - Smaller company.

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