Canadian Lawyer

April 2009

The most widely read magazine for Canadian lawyers

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LEGAL REPORT: LITIGATION support during the annual general meeting of the Law Society of British Columbia. Nearly 500 lawyers took part. The resolu- tion passed by a ratio of roughly six to one in favour of scrap- ping the proposed changes to the rules for civil court. Skirmishes have erupted over almost all the proposed changes including those related to case management, discovery, expert evidence, lawsuit fi ling time, and pleading rules. The war has now been extended. It was in November 2006 that the civil justice reform working group issued its report recommending a new set of Supreme Court rules for civil cases be drafted. A proposed new set of rules was then drafted and released for consultation in 2007. The law society, judges of the Supreme Court, and others asked for more time to review the draft rules, and the consultation period was extended to Dec. 31, 2008. That deadline is now passed, and the tortoise may well win the race. In an article published last year by the Canadian Bar Association, B.C.'s attorney general Wally Oppal said: "We anticipate the new civil rules will be ready for cabinet consid- eration in 2008 and, if cabinet approves, they will come into force in 2010. This will allow time for the bar, the judiciary, the public, and the court system to prepare for the changes." That timeline may be a little outdated, but the intent is clear. B.C., like much of the rest of the country, is committed to making sure that the practice of law is no longer business as usual. GILBERTSON DAVIS EMERSON LLP BARRISTERS AND SOLICITORS practice restricted to CIVIL LITIGATION, INSURANCE LAW Angela Emerson John L. Davis John L. Davis Professional Corporation R. Lee Akazaki Jody W. Iczkovitz Jonathan J. Weisman Counsel: James E. Adamson 20 Queen Street West, Suite 2020 Toronto, Ontario M5H 3R3 Tel: (416) 979-2020 Fax: (416) 979-1285 email: office@gilbertsondavis.com Cross-Border Litigation: Inter-Jurisdictional Practice and Procedure Guidance on all aspects of cross-border litigation for inter-provincial, international and multiple jurisdictions Brian Casey, International Lawyer, Baker & McKenzie LLP Cross-Border Litigation: Inter-Jurisdictional Practice and Procedure offers practical guidance on all aspects of cross-border litigation, covering everything from deciding where to commence litigation to enforcement of a judgment. It is an excellent handbook to help you understand the legal considerations involved and map out the right course of action, such as: where is the best place to sue strategies for challenging the plaintiff's choice of venue how to ensure proper service outside your jurisdiction how to determine which jurisdiction's laws apply obtaining evidence from other jurisdictions responding to requests for evidence from other jurisdictions pleading and proving foreign law pre-judgment cross-border remedies enforcing foreign judgments at home and domestic judgments abroad This resource includes time saving features such as a decision tree to help analyze where a case should be litigated, appendices with related Hague Service Conventions and a glossary of terms. ORDER your copy today Hardbound Approx. 280 pp. May 2009 Approx. $110 P/C 0291010000 ISBN 978-0-88804-484-6 For a 30-day, no-risk evaluation call: 1.800.263.2037 CL0409 MacDonald_CBL (CL 1-2h).indd 1 www. mag.com APRIL 2009 49 3/17/09 3:18:03 PM Kenneth and useful C. "… library This will of be a litigator very any MacDonald to addition involved timely in ... and more inter-jurisdictional disputes." the

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