Protecting the Record: Advice for Trial Lawyers from the Appeal’s Perspective | CPDonline.ca

Protecting the Record: Advice for Trial Lawyers from the Appeal’s Perspective

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Credits
Professionalism (Ethics, etc.): 0.5
30 minutes
Substantive: 1.25
80 minutes
Published
2020
Presenter(s)
Shantona Chaudhury
Jennifer L. Hunter
Cynthia Kuel
Bradley Miller
Source
Toronto Lawyers Association (TLA)
Provider
CPDOnline.ca
Language
English
Length
110 minutes
Price
$129.00 plus tax

Are you an experienced trial lawyer who wants to take steps to improve your client’s position on a possible appeal? Are you new to trial work and would like to know what you can do to protect the record? Would you like some tips and tricks for success on what might be your first appeal? This program is designed to give you an appeal’s perspective so that you can maximize the conduct of a trial and improve your client’s position in the event of on appeal.

Our panel of appellate experts will share tips and advice on how counsel can improve their client’s position, as either appellant or respondent, by thinking ahead.

Topics will include:

  • Ensuring you get it all into evidence
  • Making objections clearly on the record
  • Preparing for the appeal while you prepare for trial

Professionalism

Ethical advocacy- Conduct in the trial and appellate courtroom (i.e.: how counsel’s conduct is seen through a transcript; rising to interrupt submissions and the duty to fairly/accurately represent the evidence)

Ethical advocacy - Treating the court, tribunal, opposing counsel, parties and others with courtesy and respect.  Trial counsel’s conduct towards counsel, the judge and the witness (whether positive or negative), how it appears on the record, and how it affects the appeal; and traditions such as shaking hands with everyone, not just senior counsel.

Presenters

Shantona Chaudhury

Shantona Chaudhury co-founded Pape Chaudhury LLP in 2018. Her practice includes commercial litigation, class actions, torts, professional discipline, professional negligence, judicial review, administrative, constitutional, and public international law. She has particular expertise in appeals, having been counsel in over 35 appeals at the Ontario Court of Appeal, the Divisional Court, the Federal Court of Appeal, and the Supreme Court of Canada. She also appears before the Superior Court, the Federal Court, and administrative tribunals. She has been appointed as amicus curiae by the Federal Court and the Ontario Court of Appeal.

Shantona is ranked in the Chambers Guide to Canada’s Leading Lawyers, the Canadian Lexpert Directory (commercial litigation and class actions), Best Lawyers, and Benchmark Litigation (Litigation Star). In 2020, she was named to Benchmark’s list of the “Top 50 Women in Litigation”. Lexpert named her a ‘Rising Star’ in 2017, and she on Benchmark’s “Under 40 Hot List” in 2018 and 2019.

Shantona is the co-Executive Director of the Supreme Court Advocacy Institute, a national non-profit organization offering advocacy training to counsel appearing before the Supreme Court of Canada.

Shantona is fluently bilingual (English/French) and was called to the Bar in both Ontario and Québec in 2007. She obtained her B.C.L. from Oxford; her B.C.L./LL.B. from McGill; and her M.A. & B.A. from Queen’s University. Prior to starting practice, she clerked for Justice Ian Binnie, trained as a Middle Temple Fox Scholar pupil barrister in London, interned at the UN International Criminal Tribunal for Rwanda, interned at the Parliament of Canada, and worked in the music industry.

Jennifer L. Hunter

Jennifer Hunter has 14 years of experience in civil litigation with particular focus in the areas of insurance litigation, municipal liability, professional regulation, health law and appellate advocacy. She has appeared at all levels of court in Ontario, and before various administrative tribunals and regulatory college disciplinary proceedings. In addition to  more than a decade of experience in municipal and public entity liability, she has special expertise in the area of cyber and privacy breaches, including mitigation of risk, breach response preparedness, breach response, investigation and reporting obligations, as well as defence of civil claims. Jennifer was selected by her peers for inclusion in Best Lawyers in Canada (2020) the area of medical negligence and she is leading in the area of cyber recovery as against third parties (such as third party vendors) on behalf of organizations that suffer loses as a result of a cyber-incident, including subrogated claims. She has extensive trial and complex motion experience. Jennifer is the only lawyer in the firm with White Belt certification in Legal Lean Six Sigma legal project management and is dedicated to efficiency and innovation in the practice of law.

Cynthia Kuel

Cynthia Kuel is a Certified Specialist in Civil Litigation and a partner in the Toronto office of Lerners LLP, where she practices commercial litigation and arbitration, health law and appellate advocacy. She has appeared at all levels of court in Ontario, in arbitrations, before various tribunals and at the Supreme Court of Canada.  Cynthia is a former member of the firm’s Executive Committee, and held a number of other leadership roles in the firm and with external organizations over the past 10 years. Cynthia regularly participates in the education of firm members internally, and has chaired and presented numerous times at CLE events for the Law Society, the Advocates Society, Osgoode, and other institutional providers. She currently is one of the Assistant Program Directors for TCAS’ Gold Standard Course in Arbitration. Cynthia is listed in Chambers, Best Lawyers in Canada, Lexpert and Benchmark for her work in corporate and commercial litigation and/or in health care law/medical negligence litigation. In 2017, she was a recipient of Lexpert’s Zenith Award recognizing women in law for her excellence in advocacy and commitment to the advancement of women in practice.

Justice Bradley Miller

Bradley Miller was appointed to the Superior Court of Justice in Ontario in January 2015 and to the Court of Appeal for Ontario in June 2015.

He was called to the Bars of Ontario (2002) and British Columbia (1993), and practiced commercial and constitutional litigation with Lerners LLP and Miller Thomson LLP in Toronto.

He was awarded a D.Phil in law from Oxford University in 2004 and an LL.M. (magna cum laude) from the University of Edinburgh in 1994. He holds degrees in law and in commerce from the University of British Columbia (1992).

He was a law professor at the University of Western Ontario from 2005-2015, where he was (along with Grant Huscroft) a founding member of Western Law's Public Law and Legal Philosophy Research Group. During that time he also served as a Visiting Fellow in the Department of Law at the European University Institute, Florence (2008), and in the Department of Politics at Princeton University (2012-13), and was a Visiting Associate Professor in the Department of Philosophy at Princeton University (2012-13). He has published and lectured internationally on constitutional interpretation and on legal reasoning.

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