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BUSINESS VALUATION • ECONOMIC DAMAGES settled, to obtain from the court orders or directions to assist in the just, most expe- ditious, and least expensive disposition of the proceeding, including orders or direc- tions to ensure that any hearing proceeds in an orderly and efficient manner." The rule also means pretrial judges can require the parties be in attendance and file certain materials. It also asks judges to file a pretrial conference report that outlines the evaluation of the case as of the pretrial. At the end of the day, accord- ing to McGarry, the purpose of Rule 50 is to have all parties present, including the clients, so the cases can be settled. "It encompasses a lot of what I've already been doing, so I'm glad to see it," he says. His advice to the lawyers in these pre- trials is: "Come with full knowledge of the case and be prepared to settle. The big- gest problem with lawyers in pretrials is that they arrive without having had a real assessment of the trial, nor do they have any instruction [from the client] as to what level they are prepared to settle at." And it is the lawyers who play the key role in pretrials, according to one of Canada's foremost judicial mediators. "While judges certainly play a role in the pretrial and generally receive the credit for settling cases at the pretrial conferences, it is the lawyers who ultimately get the job done," says Ontario Superior Court Justice Robert Beaudoin, who wrote a paper on the subject of effective pretrial briefs. He advises lawyers to have well-pre- ntitled-5 1 Established in 1979, our practice is devoted exclusively to valuation of business interests and quantification of economic damages. We have acted as independent advisors to Justice Canada, Canada Revenue Agency, Competition Bureau, CRTC, provincial governments and securities regulators, and have also acted as the Courts' valuation experts. Lost profits IP Infringement Taxation disputes Shareholder disputes Class actions Expert evidence Fairness opinions Forensic accounting The numerous conference papers, authoritative book chapters and technical articles we contribute in Canada and the U.S. are an integral part of a valuator's library. Selected articles and presentations can be downloaded at www.wiseblackman.com. For more information, please contact: Richard M. Wise, FCA, CA•IFA, FCBV, FASA, C.Arb. Gerald S. Blackman, CA, CBA, CFE Catherine Tremblay, DPA, CA, CBV, ASA Jean-Philippe Langevin, CA, CFA WISE, BLACKMAN LLP The Royal Bank of Canada Building 1 Place Ville Marie, 34th Floor Montreal, Quebec H3B 3N6 Tel (514) 875-8100 Toll-Free (866) 998-8100 6/10/10 11:10:14 AM British Columbia Annual Practice 2010-2011 Edition pared pretrial briefs. "You want the pre- trial judge to provide their analysis and opinion," he wrote, adding lawyers should not leave it up to the judge to put the piec- es together but help him or her through organizing the brief properly. Beaudoin adds pretrial conferences are a necessary part of dispute resolution because the system simply would not be able to handle the load if all cases went to trial. At the end of the day, says McGarry, successful pretrials show how effective the judiciary can be in solving disputes. "For a long time, mediation was considered where you had to go, and things got resolved. Now, I find that people get back and say that mediation just didn't work, it was a waste of money. So I think it is up to judi- ciary to fill that gap, and to work harder to try to get these matters resolved." Ensure you are ready with this most trusted and comprehensive guide to the Rules. This essential resource provides everything you need: The new Supreme Court Civil Rules and Supreme Court • Family Rules, fully annotated with personally selected cases (both reported and unreported) • ORDER your copy today Hardbound, CD-ROM & Mobile Version 2,154 pp. • June 2010 On subscription $83 P/C 0169140999 One time purchase $88 P/C 0169010999 ISSN 0836-0391 Multiple copy discounts available An in-depth procedural guide explaining the procedure associated with the new Rules • A two-way table of concordance of the old and new Rules • Foreword written by • A commentary about rules of court written by • An introduction to the new Family Rules written by • Forms • NEW A new mobile version allows you to view all the rules and case annotations on the go For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0610 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. BC Annual Practice 2011 (CL 1-3sq).indd 1 www. C ANADIAN Law ye rmag.com JULY 2010 53 6/11/10 10:08:51 AM The Honourable Madam Justice Janice R. Dillon and Gordon Turriff, Q.C. Chief Justice Robert Bauman Ken McEwan Q.C. Nordlinger Q.C. K a r e n