A scheduled replay of a past program, with the ability to submit questions.
The Civil Litigator’s Survival Guide to Evidence
Program Chair
Jacqueline L. King, C.S.
Levitt LLP
Ensure you have an up-to-date understanding of the key evidentiary principles and strategies that are essential to build your case, whether it settles or proceeds to trial.
The law and best practices concerning evidence are continually evolving. As a litigator, it’s critical to not just keep on pace but to stay ahead of emerging issues.
Now in its 19th year, this celebrated annual OsgoodePD conference will give you the practical tips and knowledge you need to prevail in negotiations, discoveries, motions, pre-trials and trials.
Over an information-packed day, you will have the opportunity to tap into the expertise of a distinguished faculty of judges and litigators, get the updated knowledge you need to remain current and deepen your understanding of ongoing evidentiary issues that could impact your case.
Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
Hearsay – fundamentals and new practice tips, including how and when to object
Tactics for maximizing the weight of your evidence
Techniques for handling experts before and during trial
Motions and applications: the key differences in their role in determining the evidence you need
Proven strategies when challenging a claim of privilege
Best practices when introducing or responding to a prior inconsistent statement
Strategies to apply the rules of evidence to mediations and arbitrations
Practical advice and approaches to ethical/professional dilemmas
Tips from the Bench: Distinguished judges share the common mistakes they see litigators making and what to do instead
Who Should Attend
Civil litigators (plaintiffs’ and defendants’ counsel)
In-house litigation counsel
Litigation law clerks
Litigation paralegals
Faculty
Program Chair
Jacqueline L. King, C.S.
Levitt LLP
Instructors
The Hon. Justice Lee Akazaki
Superior Court of Justice (Ontario)
The Hon. Todd L. Archibald
Archibald Mediation and Arbitration Solutions Inc.
The Hon. Justice Charles Chang
Superior Court of Justice (Ontario)
The Hon. Justice Peter D. Lauwers
Court of Appeal for Ontario
The Hon. Justice Barbara MacFarlane
Superior Court of Justice (Ontario)
The Hon. Madam Justice Heather McGee
Ontario Superior Court of Justice
The Hon. Justice Ranjan Agarwal
Superior Court of Justice (Ontario)
The Hon. Justice Jamie K. Trimble
Superior Court of Justice (Ontario)
The Hon. Justice Michael H. Tulloch
Court of Appeal and Chief Justice of Ontario
The Hon. Justice Darla A. Wilson
The Court of Appeal for Ontario
Robert B. Bell
Lerners LLP
Chris Burr
Blake, Cassels & Graydon LLP
Tom Curry
Lenczner Slaght LLP
Geoff R. Hall
McCarthy Tétrault LLP
Maureen Littlejohn
Davies Ward Phillips & Vineberg LLP
Nicole Mantini
Torys LLP
Lisa C. Munro
Lerners LLP
Sarah Shaikh
General Counsel, Public Prosecution Service of Canada
Tanya C. Walker
Walker Law
Frank Walwyn
WeirFoulds LLP
Anne-Louise Cole
Senior Legal Counsel, Definity Insurance
“This is my second time taking this program because I found it so helpful. I recommend it to my peers.”
Agenda
Jacqueline L. King, C.S., Levitt LLP
The Hon. Justice Peter Lauwers, Court of Appeal for Ontario
Practical knowledge and advice on hearsay evidence, including dos and don’ts, relevant case law, and best practices, including:
What is hearsay, and common exceptions
Hearsay objections and rulings – when should you object and when should you insist on a ruling?
What should counsel consider in specific situations?
Hearsay evidence on appeal
Robert Bell, Lerners LLP
What makes evidence admissible? An annual update focusing on recent case law, emerging issues, and practical tips, dealing with:
How to ensure your evidence is admissible
Relevance and materiality: their meaning and practical implications under current law
How pleading technique influences how a judge will think about relevance and materiality in a particular case
Arguing prejudicial vs. probative value
Tactics for maximizing the weight of your evidence
How to use virtual documents and business records to bolster your case
The Hon. Michael H. Tulloch, Chief Justice of Ontario
The Chief Justice of Ontario will delve into the key elements of evidence law, highlighting the essential principles and why they are important.
Break (10:45 a.m. ET)
The Hon. Justice Lee Akazaki, Superior Court of Justice (Ontario)
Frank Walwyn, WeirFaulds LLP
Don’t miss a discussion between a judge and senior litigator on the current evidentiary issues surrounding motions and applications, including:
Motions vs. applications: the key differences and their role in determining the evidence you need
Strategies for effective written motions and applications
How to avoid common mistakes in gathering or preparing evidence on motions and applications (including summary judgment motions)
Tips on how to gather evidence for a motion during a case-conference
An update on evidentiary issues surrounding privilege, including:
Proven strategies for challenging a claim of privilege
Tools for protecting confidential corporate information
Concerns relating to the disclosure of expert evidence and third-party information
The exceptions to solicitor-client privilege and when the privilege is waived
Dealing with the accidental disclosure of privileged documents
Litigation privilege: its persistence after litigation ends
Limitations on the privilege attached to mediation and settlement discussions
Tom Curry, Lenczner Slaght LLP
The Hon. Justice Darla Wilson, Court of Appeal for Ontario
A selection of current challenging situations (including the potential impact at the Court of Appeal) and practical solutions, based on what these judges are seeing in their courtrooms. Past topics have included:
Evidence on summary judgment motions
Applying the best evidence rule in relation to documents
Affidavits and witness statements: when to choose one over the other
Gathering evidence from persons outside the jurisdiction
Getting around the business records exception in the Evidence Act
Using electronic forms of evidence
Admitting additional evidence on appeal
Lunch (12:45 p.m. ET)
The Hon. Justice Ranjan Agarwal, Superior Court of Justice (Ontario)
Nicole Mantini, Torys LLP
Recent applications of the rule of Browne v. Dunn and impact on admissibility
Proven techniques when introducing or responding to a prior inconsistent statement
Effects of improper use of rules and what counsel should do
Chris Burr, Blake, Cassels & Graydon LLP
The Hon. Justice Barbara MacFarlane, Superior Court of Justice (Ontario)
The latest strategies and practical advice on expert evidence from a judge and senior litigator, including:
How to decide if you need an expert
Techniques for handling experts before and during trial
How to successfully cross examine expert testimony
What is effective/ineffective expert testimony?
What concerns arise when an expert is testifying?
What should counsel consider in preparation of examination in chief and cross?
The Hon. Todd L. Archibald, Archibald Mediation and Arbitration Solutions Inc.
Lisa Munro, Lerners LLP
We look at distinctions in how to treat evidence in these unique modes of dispute resolution – namely mediation and arbitration. Topics include:
Evidence in mediation briefs
Making an impact through visual aids/demonstrative evidence
Evidence and the arbitral process
The applicability of the rules of evidence
Admissibility vs weight
Hearsay, best evidence, and the rules of common sense
Rules and procedure applicable to expert evidence
Break (3:25 p.m. ET)
Geoff R. Hall, McCarthy Tétrault LLP
Sarah Shaikh, General Counsel, Public Prosecution Service of Canada
Tanya Walker, Walker Law
This session will explore commonly encountered fact situations that raise ethical and professional issues, with practical advice on how to address them in a manner consistent with your roles as advocate for your client and as officer of the court.
The Hon. Justice Charles Chang, Superior Court of Justice (Ontario)
The Hon. Justice Heather McGee, Superior Court of Justice (Ontario)
The Hon. Justice Jamie Trimble, Superior Court of Justice (Ontario)
Get advice directly from the decision-makers! This panel of judges will discuss their biggest do’s and don’ts for litigators when it comes to evidence. Providing their unique perspective and practical tips on topics such as:
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
Mar 26, 2025 9:00 a.m – 5:00 p.m (ET)
Substitution of registrants is permitted at any time prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the start of the program. If a cancellation request is made with less than 14 days notice, an administrative fee equal to 20% of the program cost, to a maximum of $250 will apply per person. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
As law evolves, we know how important it is to stay up to date. We also understand the financial implications of continuously upgrading your professional skills and knowledge. For more information on available options, including Job Grants, OSAP, please visit:
“This symposium is material, relevant, and necessary for anyone appearing before courts, boards and tribunals. Hearing from an esteemed panel of justices is invaluable.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
Mar 25 & Apr 1, 8, 15, 22, 29 & May 6, 13, 27 & Jun 3, 2025
Online (Live)
Learn with peers in real-time online environment.
10 Modules
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In Person: Attendance for the program will take place at Osgoode Professional Development (1 Dundas Street West, Suite 2602, Toronto, ON M5G 1Z3) unless otherwise specified. Program Materials will be printed and available for pick up upon arrival.
Live Webcast: Designed for busy schedules, attend an online, live webcast using state-of-the-art video-conferencing. Attendance is via live stream with an opportunity to submit questions to the speakers throughout the program. Registration includes downloadable Program Materials and 120-day access to the program archive.
Online Replay: Watch a pre-recorded webcast, which includes a live Q&A with an instructor. Registration includes 120-day access to the program archive.
Program on Demand: Watch a pre-recorded session online, from the comfort of your home or office. Get unlimited access with our online subscription. Registration includes downloadable Program Materials and 120-day access to the program archive.
Unless a program is sold out or otherwise noted, registration closes at 12:00PM (noon) ET the business day before the scheduled program date.
Registration for webinars closes at 10:00 AM ET the morning of the session, unless sold out.
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