Published by Law Courts Center

JANUARY 2016

Moving Towards Reconciliation by Listening to Judge Marchand's Stories

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short chat it was supposed to be last November 18, 2015. But Judge Len Marchand Jr had a lot to say, even as we were just supposed to explore the possibility of him coming to speak on the future role of the legal profession in achieving reconciliation with Canada’s indigenous peoples in light of the Truth and Reconciliation Commission (TRC) Report. Close to an hour later, he graciously agreed to fly in to Vancouver to facilitate a discussion on December 14. Short notice it was, but the timing was propitious in light of the discussions that took place at the December 4 benchers meeting, which I

wrote previously. And the release of the final report of the TRC had been scheduled for December 15. It mattered little to him that we would only have a handful of attendees. (Two members of the executive committee of our law society would eventually attend.)

Judge Marchand told us that he had met his father's principal who told him about how his grandfather (who was a big and stoic person) stood in the principal’s office with his arms crossed until the principal agreed to admit Judge Marchand’s father.

Stories, Judge Marchand said, are important.

His father would eventually become the first status Indian elected to our parliament.

I watched him draw a circle on his note pad a couple of times before he began to tell his. As a member of the Okanagan Indian Band, he recounted how, after attending the Kamloops Indian Residential School, his father became only the second Indian to attend Vernon High School.

Judge Marchand shared three stories to illuminate some of the impacts on Residential School survivors: about a woman from the Yukon Territories who was sexually abused, suffered PTSD symptoms and was badly re-traumatized through the civil litigation process; about an Inuit man who was a victim of violence and who, upon

his return to his village years later was not much use to his traditional family as not only could he not speak Inuktitut, he could not move his leg; and about a woman from BC who despite having been the victim to the most heinous sexual abuse from multiple male staff, worked for a school board as a First Nations support worker until she could not cope with having to listen to the stories of the children who suffered abuse as well. Canadians, old and new, need to what has transpired; for only then can we begin to achieve reconciliation. Retelling these stories will never be easy but he knew how crucial it was to do so. He paused for a moment then looked up to us:

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w w w. l a w c o u r t s c e n t e r. c o m January 12 January 22 February 9 Feb 16 Feb 19 Feb 23 Feb 25 Mar 8 (L to R): Dom Bautista, Judge Len Marchand JR, Bencher David Crossin QC & Bencher Herman van Ommen, QC.

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Effective clinic practice Managing MVA Files 103 Access to Justice Issues for Women in the Downtown Eastside Trial Preparation - Plaintiff Firms 101 Litigation Practice Basics 101 Trends in Firm Management Seminar Diversity Dialogues 106: Redressing Historical Justice in the Classroom and Beyond Access to Justice Issues for Women in the Downtown Eastside Part 2: Affidavit writing Part 7 Benefits 101

Law Courts Center

Diversity Dialogue Series 2016 On Reconciliation, A2J and Redress

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resh from the thought provoking conversation that Judge Len Marchand Jr led on of the role the profession in reconciliation in light of the Truth and Reconciliation Commission recommendations 27 and 28, we begin 2016 with 3 special events. We will turn our attention to the Downtown East Side to look at their access to justice issues; then we will talk about how redress can play a pivotal role in moving communities past and present. All events are available by web.

Proceeds from this event will fund the Temporary Foreign Worker Uncontested Divorce project of the Amici Curiae Probono Paralegal Programme. Access to Justice Issues for Women in the Downtown Eastside Part 1 Feb 9, 2016 Tuesday 5:30 to 6:30pm Join Amber Prince, counsel with Atira Women's Resource Society. Atira serves a diverse group of women such as Indigenous women, women living in poverty, single mothers, women struggling with health issues and women impacted by violence. This session will cover common barriers for marginalized women and ways we can increase access to justice. $52.50 per person. Redressing Historical Injustice in the Classroom and Beyond Feb 25, 2016 Thursday 5:30 to 7:30pm In 2012, the University of British Columbia acknowledged the unjust expulsion of Japanese Canadian students in 1942. One of the steps taken by the University to recognize this history was the creation of the Asian Canadian and Asian Migration Studies Program (ACAM) where students and faculty grapple with what it means to recognize and address difficult histories in the classroom and beyond. Are there lessons that can be applied to what the legal profession can do? $125.00 per person. Access to Justice Issues for Women in the Downtown Eastside Part 2 Mar 8, 2016 Tuesday 5:30 to 7:00pm Join Amber Prince, counsel with Atira Women's Resource Society. Atira serves a diverse group of women such as Indigenous women, women living in poverty, single mothers, women struggling with health issues and women impacted by violence. This session facilitates a skills-based workshop on how to draft affidavits for women impacted by violence & women who face other barriers to accessing justice. $ 78.75 per person. Note: Previous Diversity Dialogues are available for viewing. http://tinyurl.com/lccdiversitydialogues

RATES: (any materials will be provided electronically and taxes included) GST R128573300

REGISTER: www.lawcourtscenter.com PAYMENTS Please make the cheques payable to Law Courts Center and return to: Law Courts Center 150 - 840 Howe Street, Vancouver, BC V6Z 2L2.

For more information please email , or call 604-685-2727. v1601

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Drafting Affidavits Best Practices When Violence Is Involved (2/2)

Every woman who has experienced violence has a story to tell. When taking evidence, it is important to bring the woman back to the narrative and sequence of events to keep the appointment on track. The affidavit should contain the important facts that the judge needs to know. When drafting the affidavit, it is key to ask yourself: • what is the woman seeking in court?; • why is that fact relevant to what she is seeking; and • what are important facts that a judge needs in order to make a decision. The “SOS Principle” is to be used in drafting affidavits: keeping affidavits “short, organized and simple” By focusing on the important matters at issue, sentences can be kept short. The affidavit should be organized chronologically by date, giving specific dates where possible. However, in some instances, the woman might find it hard to recall exactly what happened. It is acceptable to state “on or about” or

“in the springtime.” If the woman does not remember a certain fact exactly, state in the affidavit, “I don’t remember exactly.” It is important that the court knows what the woman remembers. This makes the affidavit more believable. It is important to remember that the woman will be representing herself. Therefore, the affidavit can be written the way the woman speaks. Avoid legalese. The use of headings is a great way to organize the affidavit. The recommended headings (where relevant) are: 1. orders sought; 2. background; 3. family violence; 4. parenting time; 5. child support; 6. spousal support; and 7. response to the Applicant’s / Respondent’s Affidavit. There are other final considerations to consider when drafting affidavits. Firstly, it is important to note if the woman wants flexibility in the order sought. Secondly, the affidavit should be drafted using double spacing between lines and paragraphs to make the affidavit easier to read.. Lastly, the opposing parties should be referred to as the Applicant or the Respondent unless there is a cross application or counterclaim, in which the parties can be referred to by their full name.

Credibility is a key issue for women who have experienced gendered violence. It is crucial to write the affidavit in the first person. It is also important to capture what the woman has observed through her senses i.e. what she has seen, smelled, touched and heard. The feeling of fear of being threatened is very important evidence which needs to be implicit from the affidavit. The woman can swear or affirm that she felt scared or threatened by stating ‘I felt scared’ or ‘I felt threatened’. This is persuasive because the woman is telling her story and recounting her own personal experience. It is also imperative that opinion evidence is not used in the affidavit. The woman might advise that her children’s father was drinking before he picked up the children. It is more factual to say that “X smelled of alcohol and was slurring his words when he went to pick up the children.” The woman should not say that he was drinking unless the woman actually saw him drinking. In interim applications, the woman can state that ”X told her that Y was late picking up the children.” However, double hearsay cannot be used. It is very important to ensure that the evidence is relevant and consistent. This applies to both the contents of the affidavit and the exhibits. Consistency applies throughout the affidavit and any previous affidavits that have been sworn or affirmed.

The exhibits that need to be attached are the documents that the judge needs to consider in order to make his/her decision. All documents referred to in the affidavit should also be attached as an exhibit. Exhibits can include supervised visit reports, financial documents, and police reports and statements. It is important to use discretion and “cherry pick” when attaching emails between the parties as exhibits. English is a second language for many of the women and sometimes due to their cell phone plans they cannot speak on the phone very much. Therefore, screen shots of text messages can be important evidence. This evidence can be particularly helpful if the abuse has been psychological and there are no police reports. However, when including this type of evidence it is important to think back to the issue of credibility. An opposing lawyer might want to see all emails or texts to have context for the text message that you have attached as an exhibit. Amici Curiae looks forward to assisting BWSS in its mandate to support women and children who have experienced gendered violence. !

Jimelle Gallagher is an articling student at Association of Professional Engineers and Geoscientists. She comanages the Amici Curiae BWSS clinic with Tanya Vasto, a paralegal at Stevens Virgin,

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ast October 21, 2015 Amici Curiae opened a clinic to assist Battered Women Support Services in helping those who have experienced violence to draft affidavits to assist women leaving or who are planning to leave abusive relationships. On October 13, 2015, Vendana Sood, lawyer, and Vicky Law, BWSS Advocate, spoke to its volunteers as part of their training.

SCHEDULE FOR FEBRUARY 19, 2016 (9:00 AM TO 5:00 PM) Law Courts Center

Litigation Practice Basics 101 Nurturing your value to the firm, a new perspective

his is a one day course designed to assist junior support staff gain a better prospective T of the legal profession, to provide fundamental knowledge for working in a law firm, and to develop the practical skills for succeeding as a junior member of a litigation team. Learning Outcomes: 1. explain what the expectation of the public has towards lawyers and legal professionals specifically their duty and professional obligations; 2. know the difference between confidentiality v privilege and keeping both; 3. develop a set of professional goals designed to increase your value to your firm; 4. attend to basic correspondence etiquette; 5. demonstrate an understanding of how to manage a work/life balance; and 6. be aware of potential influences brought on by gender and culture. COURSE REPORTING FOR CONTINUING PROFESSIONAL DEVELOPMENT The Law Society has pre-approved 7.0 course hours towards your CPD requirements; there is 2.0 hours for client management and ethics. In addition, if you receive a minimum of 70% on the course work, a Certificate of Completion is issued to you. LOCATION Law Courts Center 150-840 Howe Street, Vancouver BC V6Z 2L2

INSTRUCTORS: Yvonne Choi, legal assistant, Harris and Company LLP, and Dom Bautista, executive director, Law Courts Center.

PAYMENTS Please make cheques payable to: Law Courts Center, Legal Education Program, 150 - 840 Howe

Street, Vancouver, BC V6Z 2L2. For more information please email , or call 604685-2727.

REGISTER ONLINE:

www.lawcourtscenter.com REGISTRATION (INCLUDES HST #128573300)

q Single Seat

q Multi-seat or Accredited Group Rate (Amici Curiae)

q Please send me a copy of the manual only as I am not able to attend.

Law Courts Center 150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2

$548.80 $521.36 $263.20

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This is what you will be doing during your one day workshop 9:00 Introduction 9:15 Ethics (Loose Lips Sink Ships) 9:45 Increasing Your Value to the Firm 10:15 Coffee Break 10:30 Increasing Your Value to the Firm 11:00 The Office: Social Media 11:30 The Office: Professional Skills 12:00 Lunch (on your own) 1:00 The Office: Team Work & The ABCs of Making Your Lawyer a Star

1:30 The Office: Listening Skills 2:00 The Office: Cultural Competence 2:30 Client Relations: Meeting Etiquette 101 3:00 Break 3:15 Managing Work/Life Balance 3:45 Volunteering: Doing Well by Doing Good 4:00 Thank You 4:30 Putting it Together: Making Yourself Indispensable 4:45 Summary

Ethics for Legal Support Staff - Why It’ll Matter More Now Last 2011, our law society benchers (governors) began looking at regulating firm, which includes its support staff, in order to improve its ability to protect public interest. Of the 10 areas under consideration, 6 areas are likely to impact support staff also happen to be centered around ethics: conflicts of interest, training and supervision, client service complaints and client relations, file management, privacy. and confidentiality, and conduct and competence issues. So a good place to start is to read Chapter 2 of The Law Society of British Columbia’s Code of Professional Conduct for British Columbia (the BC Code),

of confidentiality when dealing with client information in any form — written, recorded, spoken, or electronic. It is vitally important not to disclose any details about a case either in public or in private; information

continue acting on their behalf. If a conflict exists, an “ethical wall” would be erected to protect the client from harm. The firm at large would be notified and conflicted staff would be prohibited from working on the file or

disclosed to family or friends or overheard in coffee shops cannot be controlled thereafter. Confidentiality may also be breached by careless management of communications technologies as well. Legal support staff should be diligent when responding to or forwarding e-mails or sharing voice-mail messages.

discussing or handling related documents.

As our law society continues to develop the firm regulation rules, now is a good time for support staff to adopt a lawyer’s duty to • promote the interests of the state • serve the cause of justice • maintain the authority and dignity of the courts • be faithful to clients • be candid and courteous in relations with other lawyers • demonstrate personal integrity.

Another crucial ethical practice concerns conflicts of interest. Any prior knowledge of a case —from a previous firm, a friend or a colleague — must be disclosed to the principal lawyer immediately.

Paramount amongst these ethical practices is confidentiality. All legal professionals have a responsibility at all times to maintain the highest level

If the principal lawyer determines that a conflict does exist, the client must be informed and their consent must be given in order for the lawyer to

Chapter 6 the BC Code, which governs the supervision of staff, has several notable items that legal support staff must not do - hold themselves out to be a lawyer - give legal advice, or give and receive undertakings - establish client-lawyer relationships - set fees for the client Legal support staff must act with integrity. They must conduct their affairs — both professional and personal — in the same way. ! To learn more about this and other key skills, join us for Litigation Practice Basics on February 19, 2016.

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Judicial Interpretation: Evidence Given by a Responsive Expert Opinion

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he case of Wright v Bower is the first time the court interpreted and applied Rule 11-6(4), relating to the rule on “responsive” expert opinion evidence. Whereas under the old Rules of Court parties could call responsive expert evidence without notice so long as the evidence was truly responsive, the new rules of court now require responsive expert reports to be served 42 days ahead of the scheduled trial. In Wright, the plaintiff alleged chronic back pain as a result of a motor vehicle collision. In compliance with the time lines set out in the rules of court, her lawyer served expert reports addressing these injuries. Subsequently, the defendant

brought a motion to compel the plaintiff to be examined by an orthopaedic surgeon in an attempt to obtain a “responsive” report. Mr. Justice Savage agreed with the plaintiff and dismissed the motion, finding that such an examination was not necessary to obtain a truly responsive report. Accordingly, the court outlined the parameters for responsive expert evidence. Referring to Rule 40A(3), an expert may give oral opinion evidence of a written statement if the opinion has been delivered to every party of record at least sixty days before the expert testifies. At issue is whether the new Rules have substantively

On TRC 27 & 28: What Can the Legal Profession Do? (Continued to from 1) The impact on families is not only tough on the next generation but on the people left behind too. As a father, Judge Marchand told us he often thinks about how he would have felt if strangers had taken took his sons. He shared that it would have been devastating. B! 201601

He of course, had much more to say and you can view the recording of this event along with other relat-

changed the practice which existed under Rule 40A. Significantly, Rule 40A gave the Court discretion to admit responsive evidence of which notice had not been given. Rule 11-6(4) now requires that notice be given of responsive expert evidence, although the court retains discretion to admit expert evidence of which sufficient notice has not been given. In this case, the defendants did not explain why an examination is required, other than a statement by a legal assistant that says it is “necessary to properly defend this action and to respond to the reports of Dr. Weckworth and Dr. O’Connor.” Referring to White v. Gait, 2003 BCSC

2023, the court noted that it has declined to order an examination where it had not been shown why such was required to produce a responsive report. Ultimately, the sole assertion reported to a legal assistant in this case is insufficient to support an order under Rule 7-6(1) that the plaintiff attend the examination. If the threshold mandating responsive expert evidence is passed, then such a report must now be served 42 days ahead of the scheduled trial in order to effect notice. !

Join Ger Campbell on 2/16/16 as she teaches Trial Preparation for Plaintiff Firms 101.

Establishing the Value of Support Staff

ed topics in our Diversity Dialogues Collection. I invite you to attend these two events: Access to Justice Issues for Women in the Downtown Eastside on February 9, 2016; and Redressing Historical Justice in the Classroom and Beyond on February 25, 2016.

I hope to unveil a new series: TRC & Law Dialogues soon. ! Dom C. Bautista is the executive director of Law Courts Center.

Outsourcing. Digitization. Artificial Intelligence. While these developments are now taking place in BC, support staff still have a crucial role to play in their firm. Join Yvonne Choi on February 19, 2016 as she trains junior staff in Litigation Practice Basics 101.

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Social Media and the Small Firm: A Short Primer

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hile you would be hard pressed to find a lawyer or law firm these days who doesn’t have a web page, the rest of social media is a different story. Are you on LinkedIn? Facebook? Instagram? Have you ever wondered why you should use any of these? And just what is appropriate anyway? Should firms have any control over the content their lawyers and staff are uploading onto these platforms? Do Law Society rules on advertising and conduct extend to social media?

There is plenty to know and even more to watch out for. LinkedIn is a good place to start creating a safe social media profile. LinkedIn is a business-oriented social networking service, used mainly for professional networking. All lawyers and support staff should have a profile here, and firms should include this as part of their social media policy. A consistent look, including firm provided graphics, makes for a polished and professional impression. Consider providing a template for staff to use, to eliminate sloppy pages or inappropriate content. There is little to be concerned about here – LinkedIn has a great reputation.

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Facebook can be a quite different story. There are very few younger staff who are not on Facebook. Facebook is a very visual place, with many pictures of lawyers and staff snowboarding, out with friends, showcasing their children, or any number of other activities. This is where you really need to think about firm policy. Put in writing what you expect staff and lawyers NOT to post. Lawyers must always be aware of their public image, and putting things on Facebook is not just public, it is forever. Firm Facebook pages are a good idea to show the things your firm does that are not usually part of a web page. This is the place for pictures and information about firm social activities, fundraising, sporting events and achievements. Each firm should have a person in charge of posting to ensure a consistent message, appropriate content, and adherence to the firm policy. Make sure that you don’t just post when you start the firm Facebook page – this needs to be kept current. Beyond these, you should research the other social

media sites such as Twitter, Instagram, and more. Social media is a great way to keep an active internet presence at little cost. You should make sure that your postings always have links to your firm web page as well as accurate contact information. Always keep in mind the Law Society of BC’s Code of Professional Conduct when creating your social media policy. In conclusion, lawyers and law firms should give some thought to social media, and there is little downside to having a social media policy for lawyers and staff to follow. No one wants a client to point out they saw that the paralegal working on their file is posting embarrassing selfies on Facebook, or any number of other possibilities – just use your imagination about how bad this could be. I Googled this in the name of research for this article, and I am still laughing. Enough said – you have been warned! !

Carol Donohoe has been an administrator for 20 years, the last ten with Drysdale Bacon McStravick. She is leading the Law Office Management 102 course on February 23 2016.

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Briefly! is intended to provide information on new developments in litigation and law practice management. For information, contact Dom Bautista at 604.685.2727 or at [email protected]

Law Courts Center 840 Howe ST #150 Vancouver V6Z 2L2

On Twitter: @lccdombautista

Trust Accounting 101

Trust Accounting 101 $ 246.75 BC Civil Litigation Guide

BC Civil Litigation Guide $750.00

Hot Off the Press PST and GST FAQs for BC Law Firms Monograph v151115 $173.25

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F IRM M ANAGEMENT S EMINAR F EBRUARY 23 , 2016

Trends in Firm Management (LOM 102 ) 9AM to 1PM

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t has always been about maintaining the public’s trust in the legal profession and your clients’ trust in your firm. But what is at stake has changed. Last 2011, our law society benchers (governors) began looking at regulating firms in order to improve its ability to protect public interest. Law Firm Regulation Task Force chair, Herman Van Ommen, QC explains: “Regulating firms provides the chance to place responsibilities where they belong.” There are 10 areas under consideration: conflicts of interest, accounting, lawyer and firm succession planning, marketing, mentoring, training and supervision, client service complaints and client relations, file management, privacy and confidentiality, safe workplace and interpersonal relations, crisis and personal assistance, and conduct and competence issues.

The onus lies not only with the lawyers and the support staff; it extends to the administrators, HR, trust accounts and IT managers as well. In fact, they are the vital cog who makes sure the firm is running smoothly, that the firm meets its obligation to its clients, regulators and to society as a whole. Knowing what the expectations are and establishing the processes to make sure that these are met are two key responsibilities. Regardless of the size and practice area of a law firm, it is a business. A serious business that needs to be professionally managed. For managers in many firms, who have to wear many hats, the is the time to take steps to professionalize your training. This half day seminar for small firm practices focuses on finding new ways to facilitate change, updating workplace policies and developing best practices to manage the firm, more so now as the Law Society of BC is now regulating the conduct of firms. Join veteran administrator Carol Donohoe as she conducts a master class in new ways to manage the new small firm practice. Curated topics: HR, IT, new media, and the dreaded D team. Attend in-person or by web. 9:00 Introductions 9:15 How we manage our human resources where the generational values continue to widen and yet we rely on them to provide top notch legal services to clients 10:00 Break 10:15 How we communicate using new media and the ethical considerations 11:00 Break 11:15 What kind of IT infrastructure should we have to store, access and retain information 12:00 How do we prepare for the dreaded D team: departure, disability, disasters, disbarment & death 12:45 Q&A CPD 3.75 hour including 3.75 hours for professional responsibility and client relations. Fee: $288.75 per person

REGISTER: www.lawcourtscenter.com Law Courts Center 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

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SCHEDULE FOR JANUARY 22, 2016 (9:00 AM TO 5:00 PM) Law Courts Center • Canadian Paralegal Institute

MVA STUDIES 103 A FULL DAY OVERVIEW OF PERSONAL INJURY LITIGATION AND THE KEY COMPONENTS TO PREPARING MVA FILES EFFICIENTLY

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he current Rules of Court provide for a shorter time to get the pleadings ready. This is your opportunity to master the mechanics of preparing your file binder, acquiring the needed information in a timely manner, and initiating the chronologies of the claim; regardless of whether your are acting for the plaintiff or defense. Acquire best practices from a seasoned paralegal. Learn to take advantage of the Civil Rules of Court of the Supreme Court of BC. Plus here are the other learning outcomes for this course:

1. 2. 3. 4. 5.

how to correctly calculate 6 different limitation periods associated with MVA files; what information goes into Part 1, Part and Part 3 of a “motor vehicle” Notice of Civil Claim; how to effectively utilize chronologies and treatment charts; how to make redactions for privilege and irrelevance to clinical records; and at least 5 best practices for preparing for a motor vehicle trial.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING For the mandatory Law Society of BC reporting of CPD hours, this course is 7.0 hours with no hours devoted to professional responsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. LOCATION Law Courts Center CPD Room, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2. INSTRUCTOR Gerrie Campbell, Senior Paralegal QUESTIONS? Please write [email protected] or call 604-685-2727.

Registration: WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat

$548.80

q Please send me a copy of the manual only as I am not able to attend.

$263.30

q Multi-seat or Amici Curiae Rate

$521.36

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Law Courts Center 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

Traffic Accident Police Investigation Report MV 6020 — A Primer

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ou have been retained to handle your client’s motor vehicle accident (MVA) claim. What now?

A good place to start is to see if there is an MV6020 Traffic Accident Police Investigation Report (the “police report”) available. The police report is required for all accidents when there is: i) a sustained injury, no matter how minor; ii) a fatality; iii) damage to both vehicles total $1,000.00 or more; iv) damage to property (telephone poles, guard rails or personal property); and v) any driver that appears to be in violation of the Criminal Code Of Canada (impairment by drugs, alcohol or fatigue). The Motor Vehicle Act requires that motor vehicle accidents be reported to the police within 24 hours in urban areas and 48 hours in rural areas. Basic insurance is purchased through the Insurance Corporation of British Columbia (ICBC), and any optional coverage may be purchased through ICBC or through a number of other companies (such as Family Insurance, Canadian Direct, Geico or Intact to name a few). The police do not advise the insurance company of the accident, so a party must also report the incident to their insurance company. The police determine whether there has been a violation of the law and if so, may lay a charge

against the offending party. The insurance company determines fault/liability and may consider the police report when determining liability, but it is not the determining factor in their decision. Once liability has been determined, the insurance company will advise the parties. Not all incidents will have the police and emergency personnel attend at the scene, but a call should be made to the police advising them of the accident. They will give instructions as to what information should be obtained at the scene: date, time, location, injuries, names of all parties involved, any witness information and the nature of the accident. Once a police report is made, all parties are entitled to a copy. When reading the police report, the first thing to do is to verify information on the report with the information provided by the plaintiff and /or the insurance company. You will want to confirm a number of particulars: date of incident, the parties involved the vehicle information whether party is the driver and/or the registered owner, plate numbers, year make and model of the vehicles, the estimated amount of damage to each vehicle, location of the accident, whether there is property damage over $1,000.00, and if there is personal injury involved. See if there are any witnesses listed including their contact information. It is essential to contact all witnesses who can verify the allegations and statements that were taken to provide admissible evidence which may be

needed later. Additionally, you should identify the attending police officer(s) in case you have questions about their report. Police officers are unlikely to have witnessed the collision themselves but the information gleaned from the police report will assist in preparing the Notice of Civil Claim (NoCC). You should have a copy of the MV6020 code to help you read the police report. The code will help unravel more information. For example, in terms of contributing factors, you will consider any impairments, unsafe speed and seatbelt use. Sometimes, if a party had an epileptic seizure or heart attack that caused or contributed to the MVA, that suspicion might be noted under contributing factors. Once the NoCC has been filed, defence counsel will be appointed. They will file a Response after which you should prepare, circulate and enter a Consent Order in order to obtain a complete copy of the police file. It is important to refer to the police file in this case rather than the police report (MV6020), which can be requested before litigation is commenced by the person involved in the accident or his or her counsel. Once done, then it is time to move on to the other records. ! Gerrie Campbell is a senior personal injury paralegal. She will present MVA 103 on April 29 2015.

WWW.LAWCOURTSCENTER.COM 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

SCHEDULE FOR FEBRUARY 16, 2016 (9:00 AM TO 5:00 PM) Law Courts Center

Trial Preparation for Plaintiff Firms 101 Mastering the Civil Rules of Court & Best Practices in Trial Preparation

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his is your best opportunity to learn about the Civil Rules of Court as they apply to trial preparation. You will work with the different Forms and learn how they can impact your case. This course is a prerequisite to the intermediate level course. For those with trial experience, you will pick up new strategies and for those new to trial preparation, you will learn what must be done and when.

Within the context of the new Civil Rules, this course will cover these topics: • When does trial preparation really begin? • Developing your documentary evidence. • Optimizing your experts and their reports. • Lay witnesses: where to find them and how to keep them. • Applicable Rules of Court. • Managing costs for a successful Bill of Costs. • Reading the opposition. CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING For lawyers and other professionals, this course provides 7.0 CPD hours, with 1.0 hour devoted to professional responsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. LOCATION Law Courts Center CPD Room, 150 - 840 Howe St Vancouver BC V6Z 2L2. INSTRUCTOR Gerrie Campbell, Senior Paralegal

For more information please call 604-685-2727 or write: [email protected].

REGISTER ONLINE: www.lawcourtscenter.com REGISTRATION (INCLUDES GST #128573300)

q Single Seat

q Multi-seat or Group Rate for members of Amici Curiae

q Please send me a copy of the manual only as I am not able to attend.

$548.80 $521.36 $246.75 1601 B!

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Preparing the Plaintiff's Case For Trial: The Plaintiff You are at your desk reviewing a 12 page list of documents just received from the defence when your lawyer walks in and says: "Well the insurance company just rejected our final offer on the Smith file. We are one hundred thousand dollars apart. Looks like we are going to trial. We need to get Smith ready for trial. Let's get going!" Okay, so now you have to drop that list of documents and everything else on your desk and get Smith ready for trial. You have been here before and know that successful trial preparation really revolves around four main factors: 1) Thorough knowledge of the facts of the case; 2) Development of a theme for the case; 3) Preparation of the plaintiff's witnesses for direct testimony; and 4) Preparation for cross examination of the defence witnesses. Of course, there are many things that will need to be done: preparation of the opening statement and books of exhibits, notifying witnesses of their expected time to testify, the rough draft of closing statements and so on, but in this article we look at preparing the plaintiff for the court experience. Plaintiffs are people and each is different, bringing his own concerns and preconceptions. He has probably never been inside a courtroom and may only know about the trial process from watching television. The plaintiff will almost certainly be confused, wondering why the case has not settled. After all, he only wants what is fair. Very few plaintiffs want to go to trial: most want a fair settlement, and so you may need to explain to him that while your firm believes the position taken on his behalf is fair, the defence may honestly see things differently. He is not being singled out, but now needs to concentrate on preparing for a trial which is necessary to obtain adequate compensation.

Start by having your client review with you his statement(s). Make sure he knows what he has said in the past. If there are contradictions between his statements, or if they contain errors, go over those with the plaintiff to understand why and make sure trial counsel is made aware of them. The defence will know them all. Review the facts of the case. Even if liability is not disputed, and definitely if it is disputed, go over the circumstances of the collision or accident. Memory changes with time and a visit to the scene may assist the plaintiff in recalling the incident. The plaintiff also needs to familiarize himself with what he said at discovery. The defence will know the transcript inside and out and will look for discrepancies. If the plaintiff has extensive injuries or if he has a significant pre-accident medical history, you can expect him to be crossexamined on it. It will therefore be important to review with him his clinical records and reports to assist the plaintiff to be the best historian he can be. Once you are confident that your client is comfortable in his knowledge of his case, you can prepare him to give his evidence. This will probably involve counsel going over his direct examination with the plaintiff, asking him his questions and giving the plaintiff an opportunity to answer. Contradictions can be exposed and dealt with. The plaintiff needs to be reminded to keep his voice up, and to make eye contact with the trier of fact. The plaintiff will need to go through a practice cross examination. Hard questions should be put to the plaintiff so he knows what he is likely to face at trial. Weaknesses in his case should be exposed to him so he is more comfortable dealing with them at trial. Consider asking a different lawyer from the firm who does not know your client to perform the role of defence counsel so that new eyes look at how the case may be defended. This is by no means an exhaustive list of the steps necessary to prepare your client for trial, but is meant to get you thinking about what will need to be done to ensure your client gets the best opportunity to obtain adequate compensation.

Spend time with the plaintiff describing the courtroom environment, and explain the role of the various participants the judge, jury, clerk, reporter and sheriff. Have your client go to the courthouse and see a trial in progress to take some of the mystery out of it. He may need to be reassured that trial is simply a means of resolving disputes and that he is in good hands with your experienced team.

A trial is a human process, subject to all the variables and imponderables of any complex transaction between people.

The plaintiff will have to testify; his credibility and court presence, as well as the information he imparts, may play a huge role in determining the outcome of trial. Judges and juries both want to hear from the plaintiff and the impression left at the end of his evidence, good or bad, will stay with the trier of fact. The plaintiff needs to know this and be prepared to work at being an effective witness.

The importance of pre-trial preparation cannot be overstated. If it is done early, repeatedly, and thoroughly your client and his counsel will be more confident and better prepared to fight for a good result. A side effect of this kind of preparation may be that the case looks stronger than originally thought; on the other hand weaknesses may look more profound and that last defence offer might start to look pretty good! !

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