E-Brief Sept - Oct - The Advocates' Society

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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 VOLUME 17, NO. 1, SUMMER 2005
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
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Page 11 and 12: Of Medals and Honours: The Carleton
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E-Brief Sept - Oct - The Advocates' Society

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