Experts in Family Law Proceedings

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This Osgoode Professional Development program Experts in Family Law Proceedings: Effective Strategies and Best Practices will provide you with the opportunity to hear from judges, experienced practitioners and experts who will give you effective strategies and advice for understanding when to call on an expert. You’ll also get practical tips and strategies on how to deal with experts throughout the stages of a family law dispute.

The interactive presentation style of the focused panel sessions will provide a forum for family law practitioners to discuss and benefit from the insights of top judges, practitioners and experts who tackle these issues on a daily basis. You will also learn how to improve your courtroom performance by witnessing a live demonstration featuring top family law practitioners.

Don’t miss this opportunity to learn from top lawyers and experienced expert witnesses.

Faculty

Chairs

• Harold Niman, Niman Zemans Gelgoot LLP
• Linda Y. Brent, FCA, FCBV, CA•IFA, Partner, Brent Valuations Inc.
• Barbara Jo Fidler, Ph.D., C.Psych., AccFM

Keynote Speaker

• Professor Nicholas C. Bala, LSM, BA, JD, LLM, Faculty of Law, Queen’s University & Academic Director of Osgoode Hall Law School, Family Law, OPD LL.M.

• Peter W. Armstrong, Partner, Advisory Services Forensic, KPMG LLP (Canada)
• Dr. Daniel T. Ashbourne, C. Psych., Psychologist& Executive Director, The Centre for Children& Families in the Justice System (CCFJS)
• The Hon. Justice George Czutrin, Ontario Superior Court of Justice
• Edwin A. Flak, Flak Professional Corporation
• Corey Fotheringham A+, MCP, CFCE, CEECS, Partner, Forensic & Dispute Services, Analytic & Forensic Technology, National Leader – Computer Forensics & eDiscovery Services Deloitte & Touche LLP
• Andrew J. Freedman, CA, IFA, CBV, ASA, Managing Director, Duff & Phelps Canada Limited
• The Hon. Justice Susanne R. Goodman, Ontario Superior Court of Justice
• Stephen Grant, LSM, Cert. F. Arb., Grant & Sadvari
• Julie K. Hannaford, JK Hannaford Barristers
• Jay Jeffery, FSA, FCIA, Dilkes, Jeffery & Associates, Inc.
• George Karahotzitis, Thomson, Rogers
• The Hon. Justice Emile R. Kruzick, Ontario Superior Court of Justice
• Patrick D. Schmidt, Thomson, Rogers
• Golnaz S. Simaei, JK Hannaford Barristers
• Robert A. Simon, Ph.D., Forensic Psychology Consulting
• Donna Wowk, Niman Zemans Gelgoot LLP
• The Hon. Justice Roselyn Zisman, Ontario Court of Justice

Agenda

• Experts in Family Law Proceedings

  Original Date: December 11, 2012

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  • 9:00 am
    Welcome and Introductory Remarks from the Chairs

    Harold Niman, Niman Zemans Gelgoot LLP
    Linda Y. Brent, FCA, FCBV, CA•IFA, Partner, Brent Valuations Inc.
    Barbara Jo Fidler, Ph.D., C.Psych., AccFM

    • Determining when an expert is required: child-related vs. economic issues
    • Finding and selecting the right expert
    • Getting what you need from your expert
    • Using experts and their reports effectively
    • Admissibility of evidence
  • 9:15 am
    Keynote Address

    “Making Better Use of the Court-Appointed Single Expert in the Family Justice Process: Financial & Child-Related Cases”
    
    Professor Nicholas C. Bala, LSM, BA, JD, LLM, Faculty of Law, Queen’s University & Academic Director of Osgoode Hall Law School, Family Law, OsgoodePD LLM

  • 9:45 am
    Demonstration: Effective Examination and Cross-Examination of a Pension Actuary

    Expert
    Jay Jeffery, FSA, FCIA, Dilkes, Jeffery & Associates, Inc.

    Counsel
    Golnaz S. Simaei, JK Hannaford Barristers George Karahotzitis, Thomson, Rogers

    Judge
    The Hon. Justice Susanne R. Goodman, Ontario Superior Court of Justice

    Using a fact scenario, top practitioners will take a pensions actuary through a brief examination-in-chief and cross-examination, focusing on evidentiary issues/tips on how to handle and predict an expert’s testimony, including how to:

    • Effectively qualify a pension actuary
    • Assist the expert when leading his or her evidence
    • Anticipate the attack in cross-examination
    • Maintain control of the actuary
    • Strengthen your theory of the case
    • Challenge the actuary’s opinion
    • Ethical considerations on examination for discovery
  • 10:45 am
    Refreshment Break
  • 11:00 am
    Forensics Panel — Searching for the Unknown: Proving Hidden Assets and Income

    Moderator
    Harold Niman, Niman Zemans Gelgoot LLP

    Experts
    Corey Fotheringham A+, MCP, CFCE, CEECS, Partner, Forensic & Dispute Services, Analytic & Forensic Technology, National Leader - Computer Forensics & eDiscovery Services, Deloitte & Touche LLP
    Peter W. Armstrong, Partner, Advisory Services, Forensic, KPMG LLP (Canada)

    Counsel
    Edwin A. Flak, Flak Professional Corporation
    Julie K. Hannaford, JK Hannaford Barristers

    • Uncovering undisclosed assets and bank accounts
    • Payment of personal expenses through a business
    • How to retrieve smoking gun information from a computer
    • What can the forensic accountant do for you?
    • How to get access to documents/information/computers
    • Court procedures available to preserve the evidence
    • Admissible evidence and how to put it before the court
    • How to prove and then treat unrecorded or cash income
  • 12:00 pm
    Q&A Session
  • 12:15 pm
    Luncheon
  • 1:00 pm
    Business Valuators Panel — Problems, Problems, Problems: Issues for and with Financial Experts

    Moderator
    Linda Y. Brent, FCA, FCBV, CA•IFA, Partner, Brent Valuations Inc.

    Expert
    Andrew J. Freedman, CA, IFA, CBV, ASA, Managing Director, Duff & Phelps Canada Limited

    Counsel
    Patrick D. Schmidt, Thomson, Rogers

    Judge
    The Hon. Justice George Czutrin, Ontario Superior Court of Justice

    Arbitrator
    Stephen Grant, LSM, Cert. F. Arb., Grant & Sadvari

    • Qualifying your expert and when to try to disqualify the other side’s expert
    • Problems financial experts may face in testifying
    • Problems/pitfalls lawyers face in dealing with their experts
    • What to do if the judge refuses to admit the evidence of your expert or totally rejects the evidence of your expert
    • Role of an advisor for settlement purposes vs. expert for trial
    • Expert’s files – what files are producible and when?
    • Different levels of reports and “draft reports”
    • Missing/dishonest disclosure and/or access to management
    • What evidence does the court require to exercise its discretion in imputing income?
    • Dealing with dishonesty or unreported income of payor spouse
    • How does a judge/arbitrator weigh the expert’s evidence?
    • How to prepare for the examination and cross- examination
    • Assisting in cross-examination of the other expert/other party
    • Joint retainers
  • 2:00 pm
    The Effective Use of Forensic Psychology Consulting in Child Custody Litigation

    Robert A. Simon, Ph.D., Forensic Psychology Consulting

    • Forensic psychology consultants and their roles
    • Using consultants to your advantage
    • How the use of consultants interacts with solicitor-client privilege
    • Relevant ethical issues that retaining family law practitioners need to know
    • Practical tips and information on using forensic psychology consultants to enhance their effectiveness
  • 2:45 pm
    Refreshment Break
  • 3:00 pm
    Mental Health Expert Roles: Issues & Ethical Dilemmas

    Moderator
    Barbara Jo Fidler, Ph.D., C. Psych., AccFM.

    Experts
    Robert A. Simon, Ph.D., Forensic Psychology Consulting
    Dr. Daniel T. Ashbourne, C. Psych., Psychologist & Executive Director, The Centre for Children & Families in the Justice System (CCFJS)

    Counsel
    Donna Wowk, Niman Zemans Gelgoot LLP

    Judges
    The Hon. Justice Emile R. Kruzick, Ontario Superior Court of Justice
    The Hon. Justice Roselyn Zisman, Ontario Court of Justice

    This panel will discuss issues related to the roles mental health experts may play in child custody disputes, including:

    • Assessor; open mediator; parenting coordinator; testifying expert or non-testifying mental health consultant
    • What are the distinctions between open mediation and assessment?
    • The distinction between litigant “coaching” and “consultation”

    Complex issues and ethical dilemmas relating to focused assessments, third-party experts, and assessment critiques will also be explored.

  • 4:00 pm
    Questions and Concluding Remarks

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.