The OBA Insurance Law Section’s flagship professional development event, Anatomy of a Trial 2024, which took place on June 13 and 14, was a testament to the power of community and dedication within the legal profession, with unparalleled contributions from expert faculty, passionate attendees, generous sponsors, and the steadfast support of OBA staff. Co-chairs Brian Bangay, Lindsay Charles, Katherine Di Tomaso and Troy Lehman, oversaw the development of a program that captivated both in-person and virtual audiences with its focus on elevating trial advocacy through narrative techniques.
A Dynamic Mix of Keynote Speeches, Panel Discussions and Hands-on Demonstrations
This year’s theme, Telling Your Trial Story, emphasized the pivotal role that narrative plays in effectively communicating a client’s case to the decision-makers at trial. Through a dynamic mix of keynote speeches, panel discussions, and hands-on demonstrations, the impressive faculty – including eight judges from the Court of Appeal for Ontario and Ontario Superior Court of Justice, nearly fifty prominent lawyers, and four distinguished experts – shared techniques on storytelling, trial strategy, and practical courtroom skills, creating an environment ripe for professional growth and meaningful engagement.
Following are some of the key takeaways from the unique and comprehensive learning experience that not only allowed participants – lawyers across career stages – to fulfill all of their annual Law Society of Ontario’s Continuing Professional Development hours but also equipped them with essential skills for modern trial practice.
Opening Panel on Trial Preparation
The program commenced with an insightful panel on Preparing for Trial: Dealing with Document Briefs, moderated by Brian Bangay, the 2024 OBA Award for Excellence in Insurance Law recipient. Esteemed speakers, including The Hon. Peter D. Lauwers (Court of Appeal for Ontario), Tom Curry (Lenczner Slaght LLP), and Chris Paliare (Paliare Roland Rosenberg Rothstein LLP), underscored the importance of meticulous pre-trial preparation. They emphasized the benefits of reaching document agreements and assembling a well-structured brief, shedding light on the strategic considerations lawyers must navigate before trial.
Mock Trial Management Conference
A notable feature was the mock Trial Management Conference, led by Regional Senior Justice for the Toronto Region, The Hon. Stephen E. Firestone. Demonstrators William Jesseau (Smockum Zarnett LLP), Ryan Breedon (Breedon Litigation), and Geoffrey Adair, K.C. (Adair Goldblatt Bieber LLP) provided live examples and debriefs that underscored the value of collaboration and foresight. Attendees were encouraged to preemptively discuss issues with opposing counsel and consider raising jury questions during the conference.
Pre-Trial Motions and Partial Settlements
The program also explored complex pre-trial motions. This included how to handle a Pierringer Agreement, which can dramatically alter the course of litigation. Brian Cameron (Oatley Vigmond) and Jim Davidson (Davidson Cahill Morrison) demonstrated compelling opening statements, with debrief commentary from Siobhan McClelland (McCague Borlack LLP), reinforcing the need to set the stage effectively. For further reading on this nuanced topic see “Obligation to Immediately Disclose a Partial Settlement Agreement That Changes the Litigation Landscape in Multi-Party Litigation”, (The Advocates’ Quarterly, September 2024) by Katherine DiTomaso, Michael A. Valdez, Thomas Russell and Madeline Mackenzie.
Roger Oatley on Jury Decision-Making
Renowned trial lawyer Roger Oatley’s keynote, Biases in Decision Making, resonated deeply with the audience. Oatley explored cognitive shortcuts, such as Frequency Bias and Primacy Bias, urging lawyers to be vigilant in recognizing and mitigating these biases during trials. He highlighted the necessity of structuring evidence presentation to account for these psychological tendencies, encouraging attendees to consult the updated ed
ition of Addressing the Jury by Oatley and Troy Lehman for more in-depth guidance.
Marie Henein on Crafting a Narrative
Day two began with a keynote address from the illustrious Marie Henein (Henein Hutchison Robitaille LLP), who illuminated the importance of a strong, cohesive narrative. Henein advised lawyers to develop a story that is factually grounded and logically consistent, with a clear beginning, middle, and end. Henein emphasized early narrative introduction as a powerful strategy to influence the perception of evidence and advised trial lawyers to harness cross-examinations to shape the overarching story. This presentation underscored the necessity of word precision in questioning for maximum impact.
Insights on Trauma-Informed Lawyering
A particularly timely and relevant panel on Trauma-Informed Lawyering was led by Teresa Donnelly, a sexual violence crown prosecutor, former treasurer of the LSO, and current president of FLSC, and Anna Matas, a civil litigator specializing in sexual assault cases. Moderated by Lindsay Charles, the discussion shed light on the need for empathetic client engagement throughout the legal process. The panel shared practices such as remote testimony, supportive discovery environments, and the application of criminal law strategies in civil contexts to minimize trauma. Additionally, it served as a poignant reminder for lawyers to prioritize their mental well-being to avoid secondary trauma and burnout.
Looking Ahead: Anatomy of a Trial 2025, June 5 and 6, 2025
The enthusiasm generated by Anatomy of a Trial 2024 sets high expectations for next year’s program, scheduled for June 5 and 6, 2025. With Chief Justice of Ontario Michael H. Tulloch as a keynote speaker and a
focus on the theme Keeping Your Cool in the Heat of Trial, participants can look forward to exploring trial techniques through the lens of a fire loss case. Whether seasoned litigators or new lawyers, attendees will benefit immensely from the insights shared at this cornerstone event.
Anatomy of a Trial continues to embody the OBA’s commitment to excellence in legal education, fostering a community that shares knowledge, refines skills, and enhances the practice of law. Mark your calendars and join this enriching experience to hone your trial advocacy skills, and fulfill your annual LSO CPD requirements.
Register for Anatomy of a Trial 2025: Keeping Your Cool in the Heat of Trial.
Access the on-demand video of Anatomy of a Trial 2024: Telling Your Trial Story.
About the author
Katherine DiTomaso is a civil litigator at Stieber Berlach LLP in Toronto, with a legal career spanning over 20 years. Called to the Ontario Bar in 2004, she handles a variety of complex cases including personal injury, professional negligence, insurance coverage, product liability, and workplace investigations. Her dedication to professionalism was recognized with the Ontario Bar Association’s 2024 Joel Kuchar Award for Professionalism and Civility. Beyond her practice, she actively contributes to legal education and mentorship, serving in roles such as chairing the Ontario Bar Association Insurance Law Section, lecturing at the Lincoln Alexander School of Law, and writing for various legal publications.