E-Brief Sept - Oct - The Advocates' Society

The Advocates’ 

E-Brief 

Vol. 17, No. 1, Summer 2005 

 

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www.pwc.com/ca/dai 

Loving Advocacy 

By Linda Rothstein 

Paliare Roland Rosenberg Rothstein LLP 

My partner in law and life is forever telling me 

that lawyers do not like to talk about their feelings. 

I think he means male lawyers mostly, 

but surely times have changed. Surely we 

advocates can ask ourselves how we feel 

about what we spend so much time doing. 

I am flipping through my copy of Learned 

Friends, The Advocates' Society's tribute to 50 

remarkable advocates, trying to decide whether 

to stuff it in the book bag bound for the cottage. 

I am struck by author Jack Batten's narrative 

thread: the unspoken but powerful truth that 

ties these advocates' stories together -- they all 

loved advocacy. 

Linda Rothstein 

It makes sense. They had lots of trials and thus 

lots of opportunity to wear a gown, often a Q.C. 

gown at that. I can't be the only one who has 

noticed how much advocates relish carting a gown bag around, slinging it over their 

shoulder in a way that conveys a kind of "just another day at the office" nonchalance, 

or simply parading around the office in vest and dickey, hoping partners and colleagues 

will notice that the courthouse beckons. We love that about advocacy still. 

But as adjudication has dispersed to a wide range of no-gown-required venues, and 

as trials disappear, the opportunities to "cut a fine figure in the courtroom" as Batten 

tells us did John Malcolm Robb, are on the wane. 

Batten recounts that many of these remarkable advocates worked on intuition in the 

courtroom; how they depended on intellectual inspiration. Apparently, Terry Murphy 

could "run a defence from the notes he made on a lined flap in a package of Players 

cigarettes." Even to lifelong non-smokers, it is easy to see how much fun that would 

have been. David Humphrey was so relaxed he read Harley-Davidson magazines in 

court until the eureka moment struck him. 

Although intuition and inspiration still guide our great advocates, for most of us, the 

tedious trudge through voluminous document briefs, often dull expert reports, endlessly-detailed 

chronologies and micro font facta masquerading as 30 pages too often 

(Continued on page 2) 

The Advocates’ Society expresses its gratitude to immediate past president 

Benjamin Zarnett of Goodmans LLP, and welcomes its new president, 

Linda Rothstein of Paliare Roland Rosenberg Rothstein LLP. 

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In This Issue 

Techno-talk: Managing E-mails . . .4 

New Members . . . . . . . . . . . . .4-5, 8 

End of Term Dinner . . . . . . . . . . .6-7 

Who’s Doing What . . . . . . . . . . . . .8 

Pleadings: Less is More . . . . . . . .9 

Of Medals and Honours. . . . . . . . 11 

Know Where to Draw the Line. . . 14 

Calendar of Events . . . . . . . . . . .16 

SWCF Lottery Winners. . . . . . . . .17 

VOLUME 17, NO. 1, SUMMER 2005 

1

(Continued from page 1) 

kicks the pure creativity out of our most persuasive efforts. We strive for studied, well-crafted, thorough and precise, and consider 

those accolades. 

Batten continues. There were the great scholars of the law: the advocates who loved the work of sculpting a Byzantine area of 

jurisprudence into a great modernist expression of pure line and logic. Say, Ian Scott arguing for an individual's right to be heard in 

administrative proceedings, or Bud Estey developing the law of copyrighted music. 

I know our colleagues in the criminal bar still argue law in every case, still find lots of opportunity to move the law, to reform it, no 

doubt to create it. But for most civil litigation working stiffs, we must be satisfied with the opportunity to give the law a tweak here 

and there, before telling our clients that the costs of an appeal outweigh the likelihood of success. 

Which begs the question I was asked by two young advocates at the end of one of the Society's mentoring dinners. "You're so 

enthusiastic," they said. "Do you really love advocacy? What's to love?" 

I do love advocacy. Not all the time, of course, and not very much during the murky child-rearing years during which almost everything 

felt like a burden or a failure, and home life and work life were mostly warring partners. And I doubt that I love advocacy as 

much as some of my predecessors (past presidents of The Advocates' Society) who never seemed to tire of it or long for a beach 

vacation or a sabbatical in Tuscany. It's not all-consuming, the way I imagine it was for the greats of the past. 

Of course winning is as seductive as ever, whatever the win. Lucrative or modest, just or unjust, few advocates can resist a victory 

lap or clenched fist or gleeful yelp. I suspect our ranks are filled with highly competitive closet athletes who mostly love the game of 

litigation and who secretly (or not so secretly) keep tally of their batting average along with their month-end billable hours. 

The exhilaration of the daring and damning cross-examination is obviously addictive, but, more mythical than real. Instead, whether 

I look backward or forward, I'm inspired by advocacy's little victories: the examination-in-chief that unfolds with the panic-stricken 

witness actually talking to the judge in sensible sentences and paragraphs, thanks to questions that gently nudge the story forward 

to its compelling conclusion; the expert witnesses -- many of them disappointing, some of them the most interesting people I've 


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2 

VOLUME 17, NO. 1, SUMMER 2005

The Advocates' Society 

2005 - 2006 

EXECUTIVE 

Linda Rothstein, LSM, President 

Michael E. Barrack, 

First Vice-president 

Michael Eizenga, 

Second Vice-president 

Peter J.E. Cronyn, Treasurer 

Sandra A. Forbes, Secretary 

DIRECTORS 

Raj Anand, LSM 

Stephen Bale 

Robert Bell 

Jack Braithwaite 

David M. Brown 

Fay K. Brunning 

Clare E. Burns 

John E. Callaghan 

Domenic A. Crolla 

William D. Dunlop 

Stephen E. Firestone 

Paul J. French 

Peter H. Griffin 

Barbara Grossman 

Marie T. Henein 

Jessica A. Kimmel 

Alfred M. Kwinter 

Mark D. Lerner 

Shirley D. Linton 

Alan H. Mark 

Barbara A. McIsaac, Q.C. 

Wendy L. Miller 

Paul F. Monahan 

Kimberly T. Morris 

David S. Morritt 

Patrick J. Murphy 

Michael A. Penny 

Brian J. Saunders 

James Scarfone 

Paul B. Schabas 

Jonathan Stainsby 

Karen A. Thompson 

Bonnie A. Tough 

Margaret L. Waddell 

Peter C. Wardle 

Stephen J. Wojciechowski 

Johanna Braden, Ex Officio 

EXECUTIVE DIRECTOR 

Alexandra M. Chyczij 

DIRECTOR of EDUCATION 

Jessica Grant 

DIRECTOR of MARKETING and 

COMMUNICATIONS 

Sonia Holiad 


ever met -- who patiently teach us more about science or technology or human psychology 

than we could learn in an undergraduate course; the reluctant witness who 

agrees our client was shafted and is prepared, subpoena in hand, to tell the tribunal 

so. Or there's the moment when you connect with the judge, the jury, or the panel, 

and your words, your logic, your voice, or who knows what miraculous combination, 

convince them of the justness of your client's cause. 

Yes, defeat is tough, sometimes crushing. Clients are frequently unlovable. But win, 

lose or settle, there is almost always this to love about advocacy: the endless wonder 

of walking a mile in someone else's shoes. 

By the way, I loved Learned Friends, as will you, but it doesn't qualify as a beach 

read. Grab something else that will carry you away in the hot August sun and enjoy 

the summer. 

Thank You and Best Wishes to our 

Outgoing Directors 

Kevin R. Aalto • Paul J.J. Cavalluzzo 

Elizabeth Cummins Seto • Brian A. Foster 

Julie K. Hannaford • George B. Kilpatrick 

Wendy Matheson • J. Patrick Moore 

Barbara J. Murchie • Allan Sternberg 

and 

Paul H. Le Vay, ex officio 

the Managing Editor of the Journal, who is stepping down after 

a decade of service. 

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3

Welcome to Our 

New Members 

Associate 

Stephen Pitel, 

University of Western Ontario 

Government 

Alexandra K. Brown, 

Department of Justice 

Mary C. O'Donoghue 

Information & Privacy Commissioner 

Intermediate 

Afshan Ali, Torys LLP 

Lisa C. Alleyne, Lerners LLP 

Kyle Armagon, Walker, Head 

Oneal Banerjee, 

Borden Ladner Gervais LLP 

Matthew Biderman, 

Borden Ladner Gervais LLP 

Howard R. Blitstein, 

Howie, Sacks & Henry LLP 

Melanie L. Breen, 

Regan Desjardins LLP 

Patrizia I. Bruzio, Aird & Berlis 

Raquel Chisholm, 

Emond, Harnden LLP 

Barnali Choudhury, Wardle Daley LLP 

Mark E. Davis, Heenan Blaikie LLP 

Rinku Deswal, Bersenas Jacobsen 

Chouest Thomson Blackburn LLP 

Bindu Dhaliwal, 

Gowling Lafleur Henderson LLP 

Katherine Di Tomaso, 

Cassels Brock & Blackwell LLP 

Kammy Digambar, McCague, 

Peacock, Borlack, McInnis & Lloyd LLP 

Brad Elberg, Heenan Blaikie LLP 

Jennifer Fairfax, 

Osler, Hoskin & Harcourt LLP 

Madeline R. Ferreira, 

Shibley, Righton LLP 

Michael Foulds, McCague, Peacock, 

Borlack, McInnis & Lloyd LLP 

Stephanie Fraser, Aird & Berlis 

Sal Guzzo, Fireman Barristers LLP 

Theresa M. Hartley, McCague, 

Peacock, Borlack, McInnis & Lloyd LLP 

Lisa Holland, Sokoloff and Associates 

William J. Jesseau, 

Lawson McGrenere LLP 

Charlotte Kanya-Forstner, 

Blake, Cassels & Graydon LLP 

Melissa Kehrer, Beard, Winter LLP 

Kerri Knudsen, Adair Morse LLP 

Continued on page 5... 

TECHNO-TALK: Send Fewer E-mails, 

and Help Save World Productivity 

By Dan Pinnington, 

Director, practicePRO, LAWPRO 

E-mail is an essential tool for clients, lawyers and 

law office staff alike. It allows easy and virtually 

instant exchanges of information and, for many, 

has become a preferred way of communicating. In 

North America alone, tens of billions of e-mail messages 

are sent every day. That's not a typo - read 

“b” for billions. All those messages end up in e-mail 

inboxes, including yours and mine. As a result, we 

all are trying desperately to cope with the amount 

of e-mail we are receiving. If it gets much worse, 

the Internet may grind to a halt. 

Time to think globally and act locally 

Dan Pinnington 

If every member of The Advocates' Society sent 

one less message each business day, that would be almost one million fewer e- 

mails over the next year. Amazing! We all have a tendency to send and reply to e- 

mail messages when it is not absolutely necessary. E-mails are just so darn easy to 

create and send. It’s time to put some thought into what has become an almost 

thoughtless task. 

Stop Loading Up Those Address Lines 

Lets start with the “To:” line. Don't just slam a bunch of names in there. Ask yourself 

who really needs to get the message. Include those names, and leave the rest out. 

Next up: the carbon copy or "CC" line. It is intended to be helpful, but can actually be 

quite dangerous. We all start with good intentions and start adding names, sometimes 

for reasons that are somewhat unrelated to the actual message. Gotta show 

the senior partner I’m working on her file. Gotta show the boss I'm working on a 

Saturday. Resist the temptation! If they aren't on the “To:” line already, it probably 

means something. Ask yourself who really needs to be CC'd on this message. 

Include those names, and leave the rest out. 

The next target: "Reply-to-all." It does make it dead easy to reply to everyone that 

got the original message, but don't use reply-to-all just because you can. Ask yourself 

if everyone that got this message in the first place really needs to see a reply 

from you. Odds are, the answer is probably not; and, if you were only CC'd on the 

original message, I would suggest the answer is most likely not. 

Consider a message with a meeting invitation that asks for an RSVP. Is it really necessary 

to let everyone know that you can or can't make it? In many cases, it will be 

just fine to reply only to the person who sent the invitation. 

Don't Abuse Your Address Groups 

Distribution lists or e-mail address groups are potentially the most evil. They make it 

a simple and mindless task to send e-mail messages to tens, hundreds or even 

thousands of people. I can't argue with the fact that from an efficiency point of view it 

makes sense to put people you frequently e-mail in a group under one address. You 

just need to use distribution lists with a bit of care and discretion. 

The “All Users,” “Everyone” and other global address groups built into many e-mail 

systems are pretty much Armageddon. Anything that permits any single employee 

to interrupt every other person in the firm should be illegal; indeed, many firms limit 

access to the global address groups, and some kill them outright. No doubt, in a few 


4 VOLUME 17, NO. 1, SUMMER 2005


Daniella Kozovski, 

Ontario Securities Commission 

Michael Krylov, Krylov & Company 

Jeffrey Larry, Paliare Roland 

Rosenberg Rothstein LLP 

Dawne Latta, Eryou Barristers 

James V. Leone, Beard, Winter LLP 

Madeleine Loewenberg, 

Sherrard Kuzz LLP 

Jennifer Lee Marston, 


Derek McBean, Goodmans LLP 

Sarah McCoubrey, 

Shibley, Righton LLP 

Laura McLaughlin, Woolgar 

VanWiechen Ketcheson Ducoffe LLP 

Stephen Mullings, Dutton Brock LLP 

Johanna Myers, Fogler, Rubinoff LLP 

Bruce O'Toole, 


Kecia Podetz, Emond, Harnden LLP 

Natalie Shykula-Clarke, 

Levinter & Levinter 

Sorelle Simmons, Goodmans LLP 

Charles A. Toth, 

Fasken Martineau DuMoulin LLP 

Continued on page 8... 

circumstances it is necessary and appropriate to let everyone know about something 

-- like the fact that the building is burning down. Sorry, but the bookkeeper's 

uncle's 1982 Jetta for sale for $750 doesn't cut it. Put it on the lunchroom bulletin 

board, or your firm intranet, if you have one. 

Forgo the Forwarding Follies 

Don't forward virus warnings! We all have received these. They warn of a malicious 

and destructive virus and ask that you help spread the word by warning all 

your friends. Despite the fact they often look official and purport to come from an 

official source, 99.99% of them are hoaxes. You are simply wasting your time, and 

the time of the people to whom you are forwarding the warning. Go to www.symantec.com/avcenter/hoax.html 

or a similar site to verify a virus warning. 

Don't forward jokes, SPAM or chain-mail messages. They waste not only the recipient's 

time, but also valuable network and Internet capacity. 

Try Picking Up the Phone 

Lastly, don't use e-mail when it is inappropriate. E-mail is not the same as a phone 

call or a face-to-face conversation. At the top of the hierarchy of communications 

are face-to-face meetings, then phone calls, then voice mail, and lastly e-mail. 

Face-to-face meetings have the most impact; not only can you hear and respond to 

the other person, but you also have the ability to see gestures and facial expressions. 

On the phone you don't see gestures, but you can hear the tone and emotion 

in the speaker's voice. E-mail has the narrowest communications bandwidth -- 

it is only words on a screen. Make sure the mode of communication you use fits 

the circumstance. Pick up the phone or walk down the hall when a more-personal 

style of contact is called for. 


5

The Society Celebrates with Guests at End of Term Dinner 

Some 1,030 members and special guests gathered at the Fairmont Royal York Hotel on June 22 for The Advocates’ Society End 

of Term Dinner, a formal event that has become a highly anticipated annual opportunity for collegiality amongst advocates and the 

judiciary. Members paid tribute to outgoing president Benjamin Zarnett of Goodmans LLP, and welcomed new president Linda 

Rothstein of Paliare Roland Rosenberg Rothstein LLP, who praised Mr. Zarnett for championing the issue of access to justice, 

and for being “the voice that everyone waits to hear, whether it’s around our boardroom table, in court, or at the head of our profession.” 

In Ben’s honour, The Advocates’ Society, together with his partners at Goodmans LLP, has established a bursary at 

Osgoode Hall Law School to be awarded to a student in financial need who has demonstrated an interest in advocacy through 

academic work or extra-curricular activities. 

Allan Rock, Ambassador and Permanent Representative of Canada to the United Nations, presented the keynote address, offering 

personal insights into his transition from the legal profession to the political arena, and outlining the challenges faced by the 

United Nations. Leading into Mr. Rock’s presentation was a 15-minute video spoof featuring the Ambassador and prominent 

members of the judiciary and the legal community. Written and produced by J. Thomas Curry of Lenczner Slaght Royce Smith 

Griffin LLP; Navin Khanna of Chitiz Pathak, and William McDowell of McCarthy Tétrault LLP, the video, now in its second year, 

was once again a highlight of the dinner. 

The Advocates’ Society Arleen Goss Young Advocates’ Award was presented to Vilko Zbogar of Klippenstein, Murray. Created in 

memory of Society member Arleen Goss, who passed away in 2002 at the age of 40, the award recognizes innovative and passionate 

advocacy, contribution to social justice, and commitment to the community. 

Joining Linda Rothstein on the 2005-06 Executive Committee are Michael E. Barrack of McCarthy Tétrault LLP (First Vice-president); 

Michael Eizenga of Siskind, Cromarty, Ivey & Dowler LLP (Second Vice-president); Peter J.E. Cronyn of Nelligan O’Brien 

Payne LLP (Treasurer), and Sandra A. Forbes of Davies Ward Phillips & Vineberg LLP (Secretary). A primary focus of Ms 

Rothstein’s presidency will be streamlining the civil justice system. 

Pictured above, seated left to right: The Hon. Allan Lutfy, Chief Justice of the Federal Court; Sandra A. Forbes of Davies Ward 

Phillips & Vineberg LLP; The Hon. Associate Chief Justice Annemarie E. Bonkalo of the Ontario Court of Justice; Deborah 

Hanscom, Barrister and Solicitor; Linda Rothstein of Paliare Roland Rosenberg Rothstein LLP; The Hon. Chief Justice Heather 

J. Smith of the Superior Court of Justice; The Hon. Associate Chief Justice Donald Ebbs of the Ontario Court of Justice; The 

Hon. Regional Senior Justice J. Bryan Shaughnessy of the Superior Court of Justice, and The Hon. Regional Senior Justice 

John A. Payne of the Ontario Court of Justice. Standing, from left to right: Timothy D. Ray of Beament Green, who served as the 

piper; Allan Rock, Ambassador and Permanent Representative of Canada to the United Nations; Peter J.E. Cronyn of Nelligan 

O’Brien Payne LLP; Benjamin Zarnett of Goodmans LLP; George D. Hunter, Treasurer of the Law Society of Upper Canada; 

Michael E. Barrack of McCarthy Tétrault LLP; The Hon. R. Roy McMurtry, Chief Justice of Ontario; The Hon. Associate Chief 

Justice J. Douglas Cunningham of the Court of Appeal for Ontario; The Hon. Regional Senior Justice Warren K. Winkler of 

the Superior Court of Justice; Michael Eizenga of Siskind, Cromarty, Ivey & Dowler LLP, and Ian J. Roland of Paliare Roland 

Rosenberg Rothstein LLP. 

Photo: Eya Greenland 

6 


Excerpts from Ben Zarnett’s End of Term Dinner Remarks 

... Four years ago I was invited to join the executive of The Advocates' Society by a then Advocates' Society big-wig who told me 

that if I accepted, and barring an unexpected outbreak of democracy, I would eventually become its president. "That's very kind," I 

said, summoning all of my reserves of modesty, "But there are so many others who are so much more qualified." "I know," he said. 

"But none of them are available." 

It is obvious that our new President is a very fast learner, but, even though I was not, I did learn a substantial amount while president 

over the last year ... I learned, more than I knew before, the important role The Advocates' Society can play in removing barriers 

to access to justice. I learned that from our work in interventions before the Courts and in government relations which led to 

Court decisions and, subsequently, to legislation providing for a fairly regulated contingent fee system, and for a system of waivers 

of court fees for those unable to afford them -- in both cases removing financial barriers to access to justice. I learned that from our 

work in making pro bono counsel available to certain unrepresented litigants in the Court of Appeal, the Divisional Court, the 

Federal Court of Appeal and to children, again providing access to justice to those who cannot afford it. 

I learned the meaningful role the Society can play in removing barriers to access to justice that are not financial, but systemic, such 

as the role we played in the development of reforms this year to the case management system in Toronto resulting in the Rule we 

call #78 in the rule book, but #1 in our hearts. I learned of the important role we can play in removing the barriers to access to justice 

that are physical, such as by the Society's participation in the Chief Justices' Committee, which is reviewing steps that can be 

taken to make court services more accessible to persons with disabilities across the province. 

I learned more than I previously knew about the fact that "access" is only part of the "access to justice" equation, and that much 

depends as well on what happens when you get there. Here too the Society has such an important role to play through its education 

programs in ensuring the highest quality of advocacy in our courts. Our programs this year for the first time reached over 3,500 

participants and were offered in 12 

cities and taught advocacy skills on all 

levels, including the advanced level 

which allows you to confuse judges on 

a much higher plane. This year saw the 

introduction of a bursary program to Excellence in Advocacy with the ACTL 

help ensure that costs will not be a barrier 

to those programs. 

... And I learned, more than I knew 

before, about the need for our Society 

to not retreat from, but in fact to reinforce 

certain barriers: these are the barriers 

that protect an independent judiciary 

and an independent bar, and I 

learned about the need to speak out as 

we did and will continue to in support 

and defence of those principles. 

"On behalf of The Advocates' Society." 

Over the past year, I began countless 

speeches and letters with these words. 

They surround the otherwise modest 

and unexceptional thoughts of their 

speaker with the heft of an organization 

of over 3,000 advocates, and the depth 

of an organization with a 41-year record 

of accomplishments. I am grateful for 

the privilege of having been able to use 

them, and now that that particular ride 

is over, let me wish, on behalf of myself, 

to our new president, executive and 

board, a successful year and one in 

which they approach the important work 

of the Society, as I tried to approach 

this year, this evening and these 

remarks, with equal measures of gravity 

and levity. 

The American College of Trial Lawyers and The Advocates’ Society continued 

their tradition of presenting Spring Symposium, the premier annual CLE event 

for civil litigators, in May. Pictured, left to right, are speaker and immediate past 

president of the American College, David W. Scott, Q.C. of Borden Ladner 

Gervais LLP; keynote speaker Brian B. O’Neill of Faegre & Benson, plaintiffs’ 

counsel in the Exxon Valdez litigation and an ACTL Fellow, and ACTL Fellow 

Brian Crosby. Spring Symposium 2005 was chaired by Neil Finkelstein of 

Blake, Cassels & Graydon LLP, Wendy Matheson of Torys LLP, and Benjamin 

Zarnett of Goodmans LLP, who were assisted by the organizing committee of 

Jessica Grant of The Advocates’ Society, Alan H. Mark of Ogilvy Renault LLP, 

and Peter C. Wardle of Wardle Daley LLP. Sponsors of the program were 

PricewaterhouseCoopers LLP, Neeson & Associates Court Reporting & 

Captioning Inc., Primafact - Sandcat Software, ADR Chambers, Baxter’s, 

and Commonwealth Legal. 

VOLUME 17, NO. 1, SUMMER 2005 7

Fatima Vieira, Adair Morse LLP 

Maureen Ward, Bennett Jones LLP 

Judicial 

The Hon. Justice Edward Belobaba, 

Superior Court of Justice 

The Hon. Justice Antonio Di Zio, 

Ontario Court of Justice 

The Hon. Justice Susan G. Himel, 

Superior Court of Justice 

Prothonotary Roger R. Lafrenière, 

The Federal Court of Canada 

The Hon. Justice Russell J. Otter, 


The Hon. Regional Senior Justice 

John A. Payne, 


Quasi-judicial 

William E. Kaplan, LSM 

Barrister & Solicitor 

Susan E. Opler, Province of Ontario 

Consent and Capacity Board 

Regular - Outside of Toronto 

Catherine Patterson, 

McCarthy Tétrault LLP 

Richard Prendiville, Barrister 

Regular - Toronto 

William Abbott, 

MacDonald & Partners LLP 

Sarit Batner, McCarthy Tétrault LLP 

Jane E. Caskey, Ogilvy Renault LLP 

Lisa Corne, 


Brandy A. Dowdall, 

Reisler Franklin LLP 

Mark Elkin, 

Thompson, Tooze, McLean & Elkin 

Mark Ellis, Baker & McKenzie 

Daniel Holland, 

Benson Percival Brown 

Murray MacDonald, 

Chadwick & Associates 

William A. McMaster, Singer, Kwinter 

Sherree R. Mosoff, 

Beard, Winter LLP 

David C. Nathanson, Q.C., 

Lerners LLP 

Stephen C. Roberts, 

Roberts Employment Law 

Pearl Rombis, Dutton Brock LLP 

Domenic A. Romeo, 

Lofranco Romeo Pitaro Chagpar 

Shields Wolfe, Barristers 

Gale Rubenstein, Goodmans LLP 

WHO’S DOING WHAT: Member News 

George D. Hunter of Borden Ladner Gervais LLP has been elected by benchers to 

lead the Law Society of Upper Canada as Treasurer, its top elected official. 

The Law Society Medal has been awarded to Paul J.J. Cavalluzzo of Cavalluzzo 

Hayes Shilton McIntyre and Cornish LLP. Gregory D. Goulin of Goulin & Patrick, 

Jeffrey S. Leon of Fasken Martineau DuMoulin LLP, Brendan O’Brien, Q.C., 

(retired), Linda Rothstein of Paliare Roland Rosenberg Rothstein LLP, and David 

Stockwood, Q.C. of Stockwoods LLP. The medal is the Law Society’s highest honour, 

presented to lawyers who have made outstanding contributions to the legal profession 

and demonstrated an ongoing commitment to serving their communities, 

The Ministry of the Attorney General building has officially been named the 

McMurtry-Scott Building, in honour of two former attorneys general: the Honourable 

Chief Justice R. Roy McMurtry and the Honourable Ian D. Scott. 

An honorary degree of Doctor of Laws (LL.D.) has been awarded by the Law Society 

of Upper Canada to Claude R. Thomson, Q.C. of ADR Chambers. 

Keith M. Landy of Landy Marr LLP has received the Law Society’s Lincoln 

Alexander Award for longstanding commitment to public matters and community service 

on behalf of residents of Ontario. 

Joel B. Kohm, Barrister & Solicitor, is the inaugural recipient of The Advocates’ 

Society Award for Excellence in Teaching. 

The Society’s newest executive member, Sandra A. Forbes of Davies Ward Phillips 

& Vineberg LLP has been appointed to the editorial board of the Ontario Reports. 

Rodney Hull, Q.C. of Hull & Hull has received the OBA’s Award of Excellence in 

Estates and Trusts. 

Meredith Jackson Donohue of Daniel & Partners LLP has been certified by the 

Law Society as a specialist in civil litigation. 

J. Sebastian Winny has joined Keller, Morrison & Winny LLP in Waterloo. 

Edward L Greenspan, Q.C. of Greenspan Humphrey Lavine is the editor of 

Counsel for the Defence: The Bernard Cohn Memorial Lectures in Criminal Law, and 

Harvey T. Strosberg, Q.C., of Sutts Strosberg LLP is the editor of the Canadian 

Class Action Review (Vol. 2, Issue 1), both available through Irwin Law. 

New Society director Paul B. Schabas of Blake, Cassels & Graydon LLP is the 

newly-elected chair of Pro Bono Law Ontario. 

Congratulations to Society director Marie Henein of Henein and Associate, whose 

son, Ryder Jennings, was born on Wednesday, July 20. 

Osgoode Hall Law School has presented the inaugural Dianne Martin Medal for 

Social Justice through Law to Marlys Edwardh, LSM of Ruby & Edwardh, and a 

Gold Key Award to the Honourable Justice Sandra Chapnik of the Superior Court 

of Justice. 

Please send announcements to sonia@advocates.ca 

Michael F. Smith, 

Bennett Best Burn LLP 

Sanj Sood, Aird & Berlis 

Allison Thornton, 


Steven J. Weisz, 


Mary Ann Winterhalt, 

Beard, Winter LLP 

8 


LITIGATION TIPS & TRAPS: “Southren” Style 

By Jane Southren, Lerners LLP 

As some of you may know, I recently have moved my practice to Lerners LLP, where 

I hope to continue to grow and expand it for years to come. One happy result of that 

move is that I am now surrounded by a large group of enthusiastic litigators, many of 

whom already have volunteered to write columns about the tips they have to offer. 

One such litigator is Brian Radnoff, an associate with Lerners whose practice includes 

complex commercial disputes, administrative law, competition law, trade law and 

securities law. Brian is also our resident pleadings maven. He has some tips, traps 

and pet peeves that he would like to share with you; so many, in fact, that this is the 

first offering of his two-article series. 

MY PLEADING IS BIGGER THAN YOURS: How To Get Over Feelings of Pleading 

Inferiority 

By Brian N. Radnoff, Lerners LLP 

Brian N. Radnoff 

Although I can be convinced that there are rare occasions when facta exceeding 30 pages may be necessary -- the only justifiable 

circumstance I can conceive of is for trial submissions after a lengthy trial, assuming such submissions fall into the factum category 

-- you will never convince me that there is any commercial action that requires a statement of claim exceeding 30 pages. In fact, 

the vast majority of commercial actions do not require statements of claim exceeding 15 pages, and most actions probably can be 

pleaded adequately in less than 10 pages. Although, like in all other aspects of life, there will be exceptions to this rule, such 

exceptions are sufficiently rare that I believe I can go through my entire career without ever drafting a commercial claim that is 

longer than 30 pages. 

The reality in commercial litigation is that statements of claim are getting longer and it is increasingly rare to find a statement of 

claim that has fewer than 10 pages, and statements of claim that exceed 30, or even 100 pages, are becoming much more common. 

Distressingly, the longer claims get, the more they breach the fundamental rules of pleading: to be concise and to plead 

material facts. Have we become so obsessed with size that, as with many other things in life, we are blind to the fact that size and 

quality are not the same things? What are the reasons for our fixation, and can it be overcome? 

In my humble opinion, this problem is caused by lawyers doing the wrong things for the right reasons. Plaintiffs' counsel want to 

accomplish two very laudable goals with any claim: plead the cause of action sufficiently to withstand attack, and tell a story to help 

properly and persuasively give the plaintiff’s position to any judge or master; however, in their attempt to achieve this result, they 

go too far and plead reams of inappropriate evidence in order to support the plaintiff’s claim. Commercial pleadings today are 

infected by an overabundance of evidence and colour that accomplishes little or nothing. Amazingly, many of the commercial 

claims I see, despite their length, still fail to plead sufficient material facts to establish the claimed cause of action. Moreover, most 

of these pleadings are confused narratives that make it difficult to understand the plaintiff's story. If brevity is the soul of wit, conciseness 

is most definitely the soul of pleading, and, for that matter, of all legal writing. 

This issue is emphasized when one examines pleadings in one area of law where the rules of pleading are highly regimented and 

require lengthy recitations of material facts and repeated pleadings of certain legal formulations: defamation. Ironically, and despite 

the fact that, among other things, every single defamatory statement must be set out in any defamation claim, my experience is 

that defamation claims are often the most well-pleaded and concise claims. I believe this is a result of a relatively small and experienced 

defamation bar that is fully familiar with the rules of pleading defamation cases. Does this mean that similarly complicated 

rules are required for all pleading? I believe that if plaintiffs’ counsel adhere to certain simple rules, all pleadings can be of a much 

higher quality and much more concise. 

1. If you don't have the material facts, you can't plead the claim: This should be obvious, but it surprises me how many commercial 

claims I review that simply don’t plead material facts that establish an element of a cause of action. This normally occurs 

because there are no material facts to support that cause of action or that particular element of the cause of action. This often 

occurs in claims involving that last refuge of the desperate plaintiff, the pleading of economic torts like intentional interference and 

conspiracy. No amount of dressing up the claim with evidence (particularly about how poorly the plaintiff was treated) will cure this 

deficiency. Good plaintiffs' counsel must have the knowledge and courage to tell a client when there is simply no claim. If you have 

the material facts, make sure that you have pleaded them in such a manner as to establish all the elements of your cause of 

action. A simple review of O'Brien's forms, Bullen & Leake's precedents or any other number of sources (like Rainaldi on 

Remedies in Torts) prior to drafting will identify all the material facts that need to be pleaded. (Please note that you will not find a 




pleading precedent in any of these texts 

that exceeds 10 pages). 

2. Understand the distinction 

between a material fact and evidence: 

Perhaps even more obvious, 

but it seems that what should be obvious 

is difficult to grasp. Material facts 

establish the cause of action, and evidence 

is used to prove those material 

facts. In a breach of contract claim, you 

need to plead the provision on which 

the plaintiff relies (e.g. payment was 

due December 31) and the fact it was 

breached (no payment was made on 

December 31). The letters and phone 

calls made by the plaintiff reminding the 

defendant to pay on December 31 are 

unlikely, in a simple breach of contract 

claim, to be material facts; this is evidence 

and does not need to be pleaded. 

Further, every document mentioned 

in your claim (the numerous reminder 

letters) must now, pursuant to recent 

changes to the Rules, be attached to 

At Lerners, we look at referrals from your 

perspective. When you refer matters to us, 

you can trust us to help you achieve 

the best results - all the while respecting 

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416.867.3076 

London Office 

519.672.4131 

www.lerners.ca 

the plaintiff's claim. Why plead a document unless it is necessary? More importantly, if you want to ensure your claim attacked 

then you should plead lots of evidence, which is all properly struck from any claim. 

3. Tell a story, but do it in a concise and easy-to-read manner: We are advocates, and there is no reason why a claim must be 

a turgid document that will cure insomnia; however, this is not an exercise in rhetoric, and colourful (or any) adjectives and adverbs 

normally should be avoided. Similarly, this is not an exercise in post-modern deconstruction nor a demonstration that you can write 

the script to the next Atom Egoyan movie. Lawyers, and more importantly judges, think in a linear manner. Using headings, tell 

your client's story in a logical and concise manner. In many commercial cases, there is a short simple story to tell. Be judicious and 

remember your claim can come back to haunt you. 

4. Identify the claims you are pleading: Despite falling into the land of “so obvious 

it is patronizing to mention it,” I regularly see commercial claims where the cause(s) 

of action is (are) not identified. This is not impressive, but it does keep defence counsel 

on their toes. 

MUG SHOT 

5. Remember the claims that require more particulars: I also see lengthy pleadings 

in which common claims like misrepresentation are insufficiently pleaded. 

Remember that the Rules and common law require certain claims, like misrepresentation, 

to be pleaded with particularity. Particularity means that the material facts 

include who, what, when, where and how. This is not an excuse to throw in irrelevant 

evidence, or even worse, speculation, about motives and how poorly your client was 

treated (unless, perhaps, you are making a punitive or aggravated damages claim). 

6. Repeating something is unnecessary, but once is sufficient: Of course you 

want to emphasize certain material facts or issues, but repeating something more 

than once is not going to make your document more persuasive or immune to attack, 

it will just make it longer. 

7. Save time for a good edit: Typos and grammatical mistakes, which are legion in 

the pleadings I see, are not impressive. More importantly, one good edit can always 

reduce the length of a legal document by at least 10%, if not more. You are doing 

your client a serious disservice if you have not saved time to thoroughly edit your 

claim. 

Not yet convinced? Worried that your persuasive, concise pleading is still going to 

be attacked? I deal with these concerns in the next edition of this series. 

Please support Campbell 

House by purchasing 

mugs @ $5. 

To order, please call the 

museum at 416-597-0227. 

10 


Of Medals and Honours: The Carleton Medal 

By The Honourable Justice Colin McKinnon, Superior Court of Justice 

Following are excerpts from the remarks made by Justice McKinnon, upon being presented with the Carleton Medal “for great diligence, 

high ideals and outstanding leadership in the practice of law” in Ottawa earlier this year. 

...It is exactly nine years and three days since Roydon Kealey and I were telephoned by then Minister of Justice Allan Rock, informing 

us we had been appointed judges of the Ontario Court (General Division) ... It was a thrilling day for both of us, and we have 

since become close friends... On learning of tonight’s award, Roydon’s immediate comment was, “Remember, Colin, it is merely a 

secular bauble. The only thing that counts at the end of the day is whether you’re heading up or down.” I began to ponder whether 

there is validity to “secular baubles” and, if so, what. It occurred to me that the grand panoply of human history is thoroughly pinned 

with such baubles ... Medals and honours abound. The act of singling out individuals for the receipt of such honours, both as historical 

habit and present practice, is a hallmark of civilized behaviour. 

Given their vast popularity, how should such honours be perceived? In my opinion, they should not be viewed as exalting particular 

individuals, but rather acknowledging a particular individual’s achievement as constituting one example of broader group achievement. 

Medals and honours should not be regarded as exclusive, but rather inclusive, in the sense that the honour embraces the 

group to which the individual recipient belongs ... Every day ... persons perform deeds, great and small, deserving of medals and 

honours -- acts of mercy, of kindness, of courage, of selflessness, of artistic creativity, of leadership, of brave quiet suffering -- in fulfillment 

of the highest attributes of human endeavour. Very few are singled out for notice ... Such is the nature of honorifics.... 

...The Carleton Medal is not only a well-sculpted piece of metal to be possessed with pride -- it is, and should be, a symbol of 

ephemeral qualities and cardinal truths -- a reminder that no muscle is so important as the human heart; that an unbridled devotion 

to personal profit robs the soul of its essence; that the smallest cause is of serious import to the litigant advancing it; that lawyers 

and judges exist to serve the public, and not the other way around; that no particular form of legal work is less worthy than any 

other, so long as the work is done well and pursued ethically; that lawyers and judges must be prepared to suffer bitter public derision 

from time to time in our role as guardians of the Charter of Rights and Freedoms; that the law is not just something written 

down in a book, but a living, breathing mechanism that can foster “peace, order and good government” and the rule of law among all 

people who make up this magnificent country; that to maintain a secure, vibrant and robust society things must constantly change. 

By that I mean to say that we should not steep ourselves so deeply in tradition that we become blind to the demands of contemporary 

society. We must maintain a critical eye on the past, preserve what is good and instructive, and jettison what is base and prejudicial. 

With this attitude we can develop a living tradition, where dedication to reform infuses our world view. 

There is one value that is immune to reform, however: the devotion to doing justice. The exercise of this immutable, irreducible 

virtue can vouchsafe the life of the law, guarantee fairness for all and ensure lasting human harmony... 

... The history of the County of Carleton 

Law Association evidences amazing 

ingenuity and accomplishment, devotion 

to high ideals and public service, and a 

continuing preoccupation with meaningful 

endeavours. The lawyers of the 

Ottawa Bar are second to none in this 

province ... The Carleton Medal was 

conceived in our Centennial Year with 

pride and hope. It should never be 

regarded as exclusive and forever be 

symbolic of the highest virtue that governs 

the lifeblood of the law; a never-faltering 

commitment to respond positively 

to a world that thirsts for justice, a world 

that will not rest until injustice is conquered. 

If this ideal remains a goal of its 

recipients, then the medal shall survive 

in perpetuity, for perfect justice shall 

remain and forever be, unobtainable. 

And so the honour should be reserved 

for those who seek it, however difficult 

their path may be, however imperfect 

their quest may prove. The reward is in 

the effort. 

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Investigate Understand Communicate 


Judicial 

Appointments 

The Honourable John F. McCartney of 

Thunder Bay has been appointed 

Regional Senior Judge of the Superior 

Court of Justice for the Northwest 

Region. 

The Honourable Justice Annemarie 

E. Bonkalo has been appointed an 

Associate Chief Justice of the Ontario 

Court of Justice 

Ann Watson of St. Catharines has 

been appointed to the Ontario Court of 

Justice, assigned to St. Catharines. 

The Advocates’ Society Mission Statement 

The Advocates’ Society is the professional organization for advocates 

in Ontario. As such, our mission is to: 

• be the voice of advocates in Ontario; 

• promote ethical and professional practice standards for advocates; 

• expand our leadership role in teaching the skills of advocacy; 

• protect the independence of the bar and the judiciary, and 

• foster collegiality among members 

HENDERSON STRUCTURED SETTLEMENTS • SINCE 1981 

Letter to the Editor 

Ben Zarnett would have spoken perfectly 

for me on every detail of his piece 

(“To Question or Not To Question... 

That is the Question” - Spring 2005), 

but for perhaps the most quotable line 

in that piece. “A judicial decision is by 

definition the product of something 

more than previously-held personal 

viewpoints,” he wrote. In Canada, UK, 

and elsewhere in the Commonwealth, 

this would be a truism. Judging, however, 

from what goes on at times at the 

American Supreme Court, I am not sure 

that we can say the same for them. 

LIFE HAS ENOUGH 

Great Mysteries 

But then again, this adds another angle 

to the main point of Zarnett's argument 

against importing the US style confirmation 

process for our Supreme Court. In 

America, they have a president. In 

Canada, we have a prime minister, and 

we like it that way. 

Chile Eboe-Osuji 

Arusha, Tanzania. 

(Ed. note: Chile is returning to practise in 

Ottawa next month after working for the 

UN International Criminal Tribunal.) 

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12 


The Advocates’s Society recently offered a Special Litigation Skills Certificate program titled “Trial and Appellate Judges’ Forum on Oral 

Advocacy in Tax Litigation” at the Tax Court of Canada. Pictured are faculty members, seated, left to right: The Hon. Justice Leslie M. 

LIttle of the Tax Court of Canada; The Hon. Justice Karen Sharlow of the Federal Court of Appeal; The Hon. Justice Georgette 

Sheridan of the Tax Court; The Hon. Justice Marshall E. Rothstein of the Federal Court of Appeal, and The Hon. Justice Eric A. 

Bowie of the Tax Court. Standing, left to right: program co-chair Henry A. Gluch of the Department of Justice; Ian S. MacGregor of the 

Department of Justice; program co-chair David E. Spiro of Blake, Cassels & Graydon LLP; David C. Nathanson, Q.C. of Lerners LLP; 

Clifford L. Rand of Stikeman Elliott LLP; Al Meghji of Osler, Hoskin & Harcourt LLP; Gordon Bourgard, Alexandra K. Brown, Arnold 

Bornstein and J. Paul Malette of the Department of Justice; and Edward C. Rowe of Blake, Cassels & Graydon LLP. 

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13

Feeling Overwhelmed? Know Where to Draw The Line 

By Leota Embleton, Program Manager & John G Starzynski, Volunteer Executive Director, Ontario Bar Assistance Program 

"How are you doing?" How would you answer that question? The responses we often hear are “exhausted,” “worn out,” “burned 

out,” “stressed out,” “overworked,” “anxious,” “pressured,” “suffering from compassion fatigue.” Lawyers who respond this way are 

not complaining, just stating the facts as they see them. These descriptions indicate a similar state of mind but are inexact when it 

comes to a clear definition of what is going on. Often we do not think that our situation can change and we accept it as normal. 

Lawyers may feel all of these things and for good reason. The nature of our work is exhausting, demanding, exacting, competitive 

and driven by deadlines. Clients are in constant need of attention, deadlines are always looming, and colleagues and society have 

high expectations. Is it any wonder we feel the way we do? 

Do you know how to tell when these 

descriptions can cross over the line from 

temporary states to problem levels? 

Here are some early warning signs that 

work pressures are becoming a problem 

and you may be on the way to burnout. 

When Real Estate Matters 

Stage One 

Physical, mental and emotional exhaustion; 

increasing use, abuse and dependence 

on alcohol, nicotine, caffeine or 

other drugs to relieve stress; changes in 

sleeping habits -- too much or early 

morning waking; changes in eating 

habits -- habitually eating very little or 

subsistence amounts, or overeating; 

feeling under the weather most of the 

time; minor health problems such as 

headaches, recurring colds, backaches, 

stomachaches, etc. 

For more than 30 years, Clayton Research has been 

providing the legal community with independent advice and 

expert witness testimony pertaining to: 

• real estate and land development agreement disputes 

• property value impacts – environmental or expropriation 

• development approvals 

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• real estate market context and economic analysis 

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Stage Two 

Physically feeling worse than before; 

reduced productivity at work -- difficulty 

concentrating; extreme self-doubt up to 

self-contempt; moodiness and acute irritability; 

constant fear that others will discover 

that you are incompetent or that 

you are not coping; shame and guilt. 

Stage Three 

Chronic fatigue; extreme negativity; 

more serious health problems from 

severe back pains, phantom heart 

attacks to migraines; low or no selfesteem; 

increasingly cynical attitude 

towards clients. 

Stage Four 

Feeling that there is nothing left to give 

physically, mentally, emotionally or spiritually; 

no-win dilemma -- both giving up 

and carrying on are unthinkable; 

extreme instability -- even tiny events 

can trigger a crisis; severe illness, 

depression, breakdown, religious angst. 

If you recognize yourself in these 


14 



stages and the symptoms continue over a period of time with no relief, it is time for action. There are things that you can 

do. The most important thing is to recognize the dangers and be proactive. 

STRATEGIES FOR PREVENTING AND MANAGING BURNOUT 

Personal support network: A support network of spouse, family or close friends who know you well and who can tell when you 

are getting off track. Listen to their observations and comments. 

Professional support network: A general support network at work that can give you support and information; an open relationship 

with your boss or supervisor. If you are your own boss, set out boundaries for yourself in terms of hours to be worked and live 

by your strictures rigorously. 

Peer support network: This is where the Ontario Bar Assistance Program can help. There are lawyers who understand the pressures, 

have developed some strategies to help, are willing to share their experiences with you, and are ready to listen. 

Look after your health: Build in time for the basics -- sleep, nutrition and exercise. 

Set priorities: Use the Franklin-Covey theory of planning your life for what matters most first and then prioritize the rest from life 

and death situations down to non-urgent tasks. 

Have a passion: Become involved in pursuits for which you have a passion -- theatre, sports, handcrafts, travel, reading, church, 

etc. Feed your soul. 

Take time for yourself and your family. When you do this, leave the cell phone, Blackberry and briefcase at home. 

Make changes before the stress has an adverse effect on your physical, emotional and spiritual health. Taking care of yourself will 

make you a more effective lawyer and a happier member of your family. 

Confidential help and information are available for lawyers and their families 

Ontario Bar Assistance Program - Lawyers helping lawyers since 1978 

www.obap.ca 24-hour Line: 1-800-667-5722 

Leota Embleton, Program Manager, 416-241-7983 John G. Starzynski, Volunteer Executive Director, 1-877-6227 

LINK Lawyers Assistance Program 

English: 1-866-261-6704 French: 1-866-261-6718 

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Spotlight On a 

Board Member 

Calendar of Events 

Wed., September 21 

Wed., September 21 

Fri., September 23 

Tues., September 27 


Junior Counsel Series: ReAct Like a Pro! 

Toronto: Venue TBA 

Lecture by President SHI Jiuyong of the International 

Court of Justice. Reception to follow. 

Toronto: Convocation Hall, Osgoode Hall 

New Members’ Breakfast 

Toronto: Campbell House 

“Learned Friends” Book Launch Reception 

Toronto: Convocation Hall, Osgoode Hall 

Brown Bag Series: How to Find Affordable Experts, and 

5 Key Expert Do's and Don'ts 


Paul Schabas is a senior litigation partner 

at Blake, Cassels & Graydon LLP. 

Paul has a B.A. (Hons.) and LL.B. from 

the University of Toronto, and was called 

to the bar in 1986. He has a wide-ranging 

counsel practice, from complex commercial 

litigation to white-collar criminal 

and regulatory matters, to administrative 

and public law. Paul frequently acts for 

the media on defamation and freedom of 

expression matters. He has been counsel 

on significant cases dealing with 

Charter and human rights issues, division 

of powers and judicial independence. 

He has appeared many times 

before the Supreme Court of Canada, 

including as counsel to the Canadian 

Foundation for Children, Youth and the 

Law on its challenge to the corporal punishment 

defence. He is recognized by 

Lexpert as a "leading practitioner" in 

media and defamation law, and in public 

law. Paul has taught for many years at 

the University of Toronto and at 

Osgoode Hall Law School. He has published 

numerous articles and is a frequent 

speaker at conferences. In June 

2000 he delivered one of the Law 

Society's "Special Lectures" on constitutional 

law (freedom of expression), and 

in April 2003 delivered another "Special 

Lecture" on evidence in Charter cases. 

Paul is chair of Pro Bono Law Ontario, 

is on the executive of Ad IDEM 

(Canadian Media Lawyers Association), 

and is a director of the Canadian Civil 

Liberties Association. He is a former 

director of the National Youth Orchestra 

of Canada and the Family Service 

Association of Toronto, and is a pastchair 

of the OBA’s Constitutional and 

Civil Liberties Section. 


October TBA 

Sat., October 15 

Sat., October 15 

Wed., October 19 

Fri., October 21 

Mon., October 24 - 

Tues., October 25 

Wed., October 26 

Fri., October 28 

Fri., November 4 - 

Sat., November 5 

Thurs., November 17 - 

Sun., November 20 

Skirting the Issues: A Special CLE & Networking 

Conference for Women 

Toronto: Hilton Hotel 

Mentoring Dinner Series 


Criminal Litigation Skills Certificate Program: 

Trying a Sexual Assault Case 

Toronto: Federal Court 

The Chief Justice of Ontario's Advisory Committee on 

Professionalism Colloquia on the Legal Profession 

Kingston: Queen's University, Faculty of Law 

Thunder Bay Regional Advocacy Training 

Thunder Bay: Venue TBA 

Civil Litigation Skills Certificate Program: 

How to Excel at Examination-in-chief 

Toronto: TSX Conference Centre 

Newfoundland Bar Admissions and CLE Advocacy 

Training 

Newfoundland: Venue TBA 

Junior Counsel Series: Ready, Set, Litigate! 

Toronto: Venue TBA 

Brown Bag Series: Evidentiary Issues before 

Administrative and Regulatory Tribunals 


Written Advocacy 

Toronto: Osgoode Professional Development Centre 

Fall Convention 

Great Exuma, Bahamas: Four Seasons Resort 

See our complete Calendar of Events with fliers at 

http://www.advocates.ca/events/calendar.html 

For further information, please call: 

Education: 416-597-0243 x.110 

Events: 416-597-0243 x.113 

16 


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Cecilia, You’re Breaking My Heart... 

SWCF Lottery 

Winners 

Trip for two to the sunny south, donated 

by itravel2000. - SHEILA BLOCK 

Two-night getaway at Deerhurst, donated 

by Deerhurst Resort and Borden 

Ladner Gervais LLP. - AL FORMOSA 

Four day-passes for Mansfield Ski Club, 

donated by George B. Kilpatrick, 

Dutton Brock LLP. - SHANNON 

PARSONS 

Fly-fishing guided trip for two, donated 

by Wardle Daley LLP. - GEORGE 

KILPATRICK 

Express Day Spa Package at Stillwater 

Spa, donated by Debut Global Inc. - 

WENDY MATHESON 

Gift certificate for Jamie Kennedy Wine 

Bar, donated by Jamie Kennedy Wine 

Bar. - SANDRA FORBES 

Two tickets, Toronto Symphony 

Orchestra concert and pass to Maestro 

Club, donated by TSO. - GEORGE 

BROCK 

Two bottles of 1996 Ornellaia donated 

by Stephen Grant, McCarthy Tétrault 

LLP. - CONNIE REEVE 

Historic dinner for eight, donated by 

Dorothy Duncan. - DONALD SHORT 

Sculpture by Irene Blogg, donated by 

Irene Blogg. - PATRICK MOORE 

Painting by Jocelyn Shaw, donated by 

Jocelyn Shaw. - GINA BRANNAN 

Two “Spy” prints, donated by SWCF 

Volunteer Committee. - R.J. MORRIS 

The Advocates’ Society bid a fond farewell to Executive Assistant Cecilia Podger, 

who couldn’t resist the lure of her four tiny granddaughters and decided to take early 

retirement to spend more time with them. Pictured above are staff at Cecilia’s 

farewell luncheon at Campbell House. Seated, left to right: Alexandra Chyczij, 

Executive Director; Cecilia Podger; Alysia Isidro, Program Coordinator, and 

Jessica Grant, Director of Education. Standing, left to right: Johanna O’Brien, 

Event and Marketing Coordinator; Jesse Corkery, Program Coordinator; Sonia 

Holiad, Director of Marketing and Communications; Robin Black, Receptionist; Elka 

Weinstein, Acting Administrator of Campbell House Museum, and Carolyn Cook, 

Membership Coordinator. 

Cecilia recently discovered a latent passion for travel, and she has plans in place to 

explore new destinations. We wish her good health, happy trails and many wonderful 

adventures. 

Two nights at Fairmont Royal York 

Hotel, donated by Fairmont Royal 

York Hotel. - STEPHEN GRANT 

Entertainment for four at Woodbine 

Raceway, donated by Woodbine 

Raceway. - PAUL FRENCH 

Oil painting by Mel Delija ($300) donated 

by Mel Delija. - V. TRAFICANTE 

Thank you to prize donors. 

Special thanks to all 

who purchased tickets. 


Reception with the Federal Court 

Learned Friends 

A Tribute to Fifty Remarkable 

Ontario Advocates, 1950-2000 

The Advocates’ Society recently hosted a reception at Campbell House for participants 

in its Special Litigation Skills Certificate program titled “Practice Before the 

Federal Court.” The reception was well-attended by trial and appellate judges, 

including The Honourable Allan Lutfy, Chief Justice of the Federal Court. 

Pictured, left to right: Society president Linda Rothstein of Paliare Roland 

Rosenberg Rothstein LLP; The Honourable Anne L. Mactavish of the Federal 

Court; Cliff L. Rand of Stikeman Elliott LLP, and Raj Anand of WeirFoulds LLP. 

Ontario Justice Education Network 

Recently added to OJEN’s website at http://www.ojen.ca are a number of exciting 

new resources and links of interest to teachers and justice system volunteers: 

- Links to presentations from Colloquia on the Legal Profession as presented by The 

Chief Justice of Ontario's Advisory Committee on Professionalism. A broad range of 

topics relating to the practice of law and the justice system, including “Judges in a 

Multicultural Society,” “Lawyers in a World Criminal Court” and “Restorative and 

Other Models of Justice.” 

- Link to the recent report by the Honourable Marion Boyd, former attorney general, 

examining the use of arbitration based on religious law to resolve disputes in family 

and inheritance cases. 

- “You Are The Judge” scenario, developed from a law symposium presentation by 

the Honourable Justice June Maresca of the Ontario Court of Justice for use by justice 

sector volunteers speaking with students. Designed to enable students to consider 

and explore concepts of justice and sentencing. 

- “A Brief History of the Justice of the Peace Bench.” Outlines the origins of the 

bench, as well as the duties and jurisdiction of today’s justices of the peace. 

Other new resources are in the works as well. As part of this year’s celebration of the 

20th anniversary of section 15 of the Canadian Charter of Rights and Freedoms, 

OJEN, in collaboration with Network partner the Department of Justice, is working on 

new Landmark Case Resources that examine important section 15 cases. 

Also, an updated version of OJEN’s Grade 10 Civics resource, “Values of the Justice 

System,” which will incorporate the new Ministry of Education Grade 10 curriculum 

expectations, is underway. 

All members are invited to 

attend the launch reception 

on Tuesday, September 27 at 

Convocation Hall. 

Look for the flier in our late- 

August general mailing. 

Registration required, please. 

Campbell House: 

Impress Your Guests 

Campbell House is the home of The 

Advocates’ Society and members are 

encouraged to rent this enchanting 

historic venue for their private and 

professional events. 

Built in 1822, Georgian-style 

Campbell House is conveniently 

located on the northwest corner of 

University Avenue and Queen Street. 

It is an elegant setting for events of 

all kind. 

Catering is provided by 

1055 Restaurant & Catering 

For additional information, 

please contact 

Karen Vallipuram 

at 416-482-8485 

THE ROBINETTE DINING ROOM 

WILL RE-OPEN FOR LUNCH 

ON TUESDAY, SEPTEMBER 6 

18

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