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Litigation Support II – Advanced Topics (on-line course)
This elective course is offered entirely online, including video segments, module notes with live links for references and readings and the comprehensive case studies assignment.
The Litigation Support II course covers many advanced topics that CBVs encounter in practice. It provides in-depth information on many of the largest and most prominent areas of practice for CBVs including:
- Matrimonial disputes;
- Shareholder disputes;
- Intellectual property disputes;
- Business interruption claims;
- Expropriation issues; and
- Construction losses.
This course provides details regarding the CBV’s typical mandate as well as practical guidance for preparing a thorough and credible report, which will assist both counsel and your client. Also included is background information regarding the relevant rules, regulations and case law, which is important to be aware of when practicing in these areas.
Finally, this course provides guidance in terms of practice issues commonly encountered. These considerations can have a significant impact on the ultimate weight given to your testimony in court.
Module 1: Matrimonial and Shareholder Disputes
This first module of the Litigation Support II course focuses on matrimonial and shareholder disputes. In these types of cases, CBVs are often required to assist both individuals and their lawyers in resolving the financial issues.
The module:
- Provides an overview of matrimonial and shareholder disputes, specifically addressing the impact of the financial consequences when one or both parties move to the litigation stage;
- Sets out fundamental valuation concepts; and
- Makes extensive references to relevant case law.
The module is presented in two parts.
Part I – Matrimonial Disputes
Topics include:
- Family law and the role of the CBV;
- Family property regimes and legislation;
- Issues specific to matrimonial property assignments;
- Method of division;
- Joint valuation assignments;
- Estimation of income for support purposes; and
- Forensic services.
Part I also includes a detailed discussion of LeVan v. LeVan that illustrates how the court resolved a complex family law case.
Part II – Shareholder Disputes
Topics include:
- Shareholders’ rights;
- Remedies for redressing corporate misconduct; and
- Valuation issues in a shareholders’ dispute absent oppression.
Module 2: Intellectual Property Damages
Module 2 deals with intellectual property damages — or as it is sometimes termed, IP damages. The value of intellectual property arises from the owner's right to utilize or exploit these assets, including the ability to sell or license intellectual property rights.
In this module, you will learn about the valuation approaches that are commonly used to quantify damages in IP disputes, as well as the factors the CBV needs to consider in selecting and applying the approach to calculating damages. The CBV plays a very important role in these disputes as the valuation of intellectual property damages often involves assets that are critical to a company's success.
The topics discussed in this module include:
- Overview of intellectual property damages;
- Patents;
- Copyrights;
- Trademarks; and
- Trade secrets.
Module 3: Business Interruption — Insurance Claims & Expropriation
The quantification of losses by a CBV in cases involving a breach of contract or tort that result in an interruption to a business’ operations have been discussed in Litigation 1.
This module outlines the loss quantification approaches and concepts in situations where a business’ operations are interrupted in the following circumstances:
- When an insurance claim is being made as a result of a fire, explosion, windstorm or other form of disaster which interrupts the operations of the business; and
- When real property is expropriated causing an interruption to a business' operations.
This module is presented in two parts.
Part I — Business Interruption Insurance Claims
Topics include:
- Interpreting insurance policies;
- Types of insurance policies:
- Business income family forms; and
- Measurement of loss suffered in a business interruption case.
Part II — Expropriation Claims
Topics include:
- Types of claims;
- Business relocation;
- Business disruption; and
- Construction loss.
Module 4: Construction Losses
This module focuses on the construction industry. It provides an overview of the most common types of contracts utilized in the construction industry, the types of losses that may arise if those contracts are breached and the documents required for supporting a claim for damages.
The topics in this module include:
- The nature of construction projects;
- Types of construction contracts;
- Types of claims;
- Damages to a property owner; and
- The role of the CBV in construction litigation.
The module also includes an example of a claim situation, which illustrates the use of the total cost method in quantifying damages in a construction claim.
Module 5: Practice Issues
It is always challenging for the CBV to be called upon to act as an expert witness in litigation proceedings. This role can be especially difficult given that opposing counsel (and often the court) will expressly question the expert's qualifications, analysis, and conclusions. At the same time, the CBV can offer significant assistance to a court by providing the trial judge with objective and impartial information and analysis that is outside the court's normal knowledge or understanding.
Module 5 discusses some of the practice issues that a CBV must consider when involved in these proceedings.
The topics discussed in this module include:
- The role of the CBV as expert witness;
- Litigation issues;
- Admissibility and weight of expert evidence;
- The engagement;
- The expert report;
- Preparation for court; and
- Testimony in court.
Textbooks Required
- No textbooks to be purchased.