The Civil Litigator’s Survival Guide to Evidence 2026
Program Length
1 Day - On Demand
Program Dates
The Civil Litigator’s Survival Guide to Evidence 2026
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 milestone 20th year, this celebrated and updated annual OsgoodePD program will give you the practical tips and knowledge you need to prevail in negotiations, discoveries, motions, pretrials, 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
Expert reports: the proper approach to expanding on latent topics, and issues with citing literature
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
New evidentiary complexities arising from Artificial Intelligence
Tips from the Bench: Distinguished judges share the common mistakes they see from litigators 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. Todd L. Archibald
Archibald Mediation and Arbitration Solutions Inc.
“This symposium is material, relevant, and necessary for anyone appearing before courts, boards and tribunals. Hearing from an esteemed panel of justices is invaluable.”
Agenda
9:00 a.m. Welcome and Opening Remarks
9:10 a.m. Keynote Address: The Law of Evidence: Reflections and Future Directions
Gain insights from Chief Justice Tulloch on the evolving principles of evidence in civil litigation, including how long-standing rules are being tested by modern advocacy, technology, and access-to-justice concerns.
The Honourable Michael Tulloch, Chief Justice, Court of Appeal for Ontario
9:50 a.m. AI as Evidence
Artificial intelligence is creating new forms of evidence and raising novel admissibility questions. We will explore reliability, authenticity, and fairness concerns around AI-generated materials and the emerging case law shaping their use.
The Honourable Peter Lauwers, Court of Appeal for Ontario
10:20 a.m. Break
10:35 a.m. Presenting Visual Evidence Effectively
Tables, charts, graphics, and transcripts can clarify or complicate the story you present to the court. This panel brings together perspectives from insurance law, commercial litigation, and jury trials to highlight best practices for visual evidence, simplifying complexity and enhancing persuasiveness without misleading the judge or jury.
Geoff R. Hall, McCarthy Tetrault LLP
Troy Lehman, Oatley Vigmond LLP
Tanya Walker, Walker Law
11:35 a.m. Evidence in Mediations and Arbitrations
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
The Hon. Todd L. Archibald, Archibald Mediation and Arbitration Solutions Inc.
Lisa Munro, Lerners LLP
12:15 p.m. Lunch
1:10 p.m. Substantive Evidentiary Issues: Hearsay, Browne v. Dunn, Prior Inconsistent Statements, and Admissibility Challenges
This session unpacks some of the most challenging and frequently litigated evidentiary rules. Explore how the courts are applying the hearsay exceptions, the Rule in Browne v. Dunn, and the treatment of prior inconsistent statements.
The Hon. Lee Akazaki, Ontario Superior Court of Justice
Frank Walwyn, WeirFoulds LLP
1:45 p.m. Effective Examination Strategies: Examinations-in-Chief and Cross-Examinations
Get practical advice on structuring examinations-in-chief that build credibility and cross-examinations that reveal weaknesses. This interactive session will highlight tested techniques and cautionary examples from real cases.
Tom Curry, Lenczner Slaght LLP
2:20 p.m. Expert Evidence: How to Retain, Prepare, and Present
What are some best practices for finding and retaining expert witnesses? How do you ensure your expert adds credibility instead of confusion (or worse!)? This session examines the evolving framework for successfully managing and harnessing expert evidence.
Robert Bell, Lerners LLP
The Honourable Audrey Ramsay, Ontario Superior Court of Justice
2:55 p.m. Break
3:10 p.m. Tailoring Evidence for Different Types of Cases: Insurance, Commercial, and Employment
Evidence isn’t one-size-fits-all. The type of case you’re litigating, be it insurance, commercial, or employment, shapes not only what evidence is most effective, but also how it should be framed, tested, and presented. This session will explore the unique evidentiary considerations across these practice areas and explain how to refine your approach so your evidence resonates with decision-makers and strengthens your client’s position.
Puneet Tawari, Levitt LLP
Ryland MacDonald, SBA Lawyers
Jason Squire, Lerners LLP
3:55 p.m. From the Bench: Judicial Insights on Evidence in Civil Trials
Close the day with candid reflections from the Bench about civil advocacy today. Learn what judges find persuasive, where advocates often stumble, and what strategies can improve how evidence is presented and received in civil trials.
The Honourable Charles Chang, Ontario Superior Court of Justice
The Honourable Laura Stewart, Ontario Superior Court of Justice
The Honourable Jamie Trimble, Ontario Superior Court of Justice
All sales are final. Please make all enquiries related to program content, format and CPD hours prior to purchase. In the event you experience technical difficulties and cannot access the program, please immediately contact opdsupport@osgoode.yorku.ca for assistance.
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 is my second time taking this program because I found it so helpful. I recommend it to my peers.”
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.
All online; combination of live and asynchronous learning.
Nov 4, 5, 6, 9 & 10, 2026
In-Person (Blended)
A combination of live in-person and asynchronous online learning.
Online (Blended)
All online; combination of live and asynchronous learning.
5 Modules
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