Summary of Meetings: Appellate Advocacy
Number of Meetings Held:3
September 28, 2020
Registration Count: 153
Guest Speaker: Chief Justice Robert Bauman, Chief Justice of the Court of Appeal for British Columbia Registrar Timothy Outerbridge, Registrar of the Court of Appeal for British Columbia
Meeting Title/Topic: The (Near) Future of Appellate Practice In British Columbia – A Conversation with the Chief Justice and the Registrar of the Court of Appeal for British Columbia
Synopsis:The CBABC Appellate Advocacy Section and the Trial Lawyers Association of British Columbia presented a joint (online) meeting hosted by the Chief Justice Bauman and Registrar Tim Outerbridge of the Court of Appeal for British Columbia. In this meeting, the Chief Justice and Registrar Outerbridge led a discussion on the vision for the Court and appellate practice in British Columbia in the not too distant future.
The current pandemic has forced judges and court administrators to create new processes and measures to remain open and accessible. These circumstances have also created an opportunity for courts and counsel to think about the future of the Court and appellate practice. The meeting provided a forum for the Chief Justice and the Registrar to present their near term ideas on broad matters such as the technological changes expected at the court or changes to how hearings are conducted and more narrow, technical matters such as paperless appeals and chambers practice. Other topics for discussion included:
- What is on the Court’s technology wish list? What would be if money were no object?
- Will Zoom Court be a permanent option? Will the Court be using that technology in the future?
- Will paperless appeals be the presumptive way an appeal is carried out in the future?
- Will there be options for proceedings in writing only?
- What kinds of technology is the Court hoping to access in the future?
- Has the pandemic caused the Court to reconsider any of its core assumptions about the conduct of an appeal? Have those considerations manifested into any potential changes in future appellate practice or procedure?
- Has the current circumstances compelled any consideration of changes to the New Act and Rules?
- Will the Court consider implementing an open access electronic filing platform?
November 30, 2020
Registration Count: 99
Guest Speaker: Justice Mary V. Newbury, Court of Appeal Justice David Franklin Tysoe, Court of Appeal Julia Lockhart, Partner, Nathanson, Schacter & Thompson LLP
Meeting Title/Topic: Handling Questions from the Bench and Other Tips for Effective Oral Advocacy
Synopsis:The CBABC Appellate Advocacy Section hosted an engaging lunch hour discussion about answering questions from the bench, and other tips for effective oral advocacy. In this discussion, our panelists gave their insight into how counsel can capitalize on these opportunities and take their oral advocacy to the next level - and what to do when you don't know the answer or there is no good answer.
Justices Newbury and Tysoe of the Court of Appeal gave us the view from the bench and Julia Lockhart, a partner at Nathanson, Schachter & Thompson LLP and experienced appellate lawyer, gave us the perspective from the podium.
March 23, 2021
Registration Count: 70
Guest Speaker: Former Chief Justice of Victoria the Honourable Marilyn Warren AC QC Justice Groberman, Court of Appeal
Meeting Title/Topic: Aussie Appellate Advocacy - Comparing Notes Between Appellate Courts
Synopsis:The CBABC Appellate Advocacy Section presented a rare opportunity to listen to two appellate court justices from two different countries compare experiences in appellate advocacy. The CBABC Appellate Advocacy section had an enlightening discussion with a special guest from Australia, former Chief Justice of Victoria the Honourable Marilyn Warren AC QC. Chief Justice Warren joined Justice Groberman of the Court of Appeal for a dialogue about issues of common interest to intermediate appellate courts, from an Australian and British Columbian perspective.
The discussion aimed to bring out comparative perspectives on such matters as collective decision-making, stare decisis, disagreement between intermediate appellate courts in federal systems, and appellate standards of review.
Comments and Observations of the Chair