History Cover & Text.qxp - The Advocates' Society

The Advocates’ SocietyA History of its First 40 Years

The Advocates’ SocietyFounding DirectorsJohn D. ArnupWilliam B. Common, Q.C.Gordon W. Ford, Q.C.Isadore Levinter, Q.C.G. Arthur Martin, Q.C. Arthur S. Patillo, Q.C.Thomas N. PhelanJohn J. Robinette, Q.C.Joseph Sedgwick, Q.C. David J. Walker, Q.C.Founding MembersWilliam G. Atwell J.S. Boechk, Q.C. Norman Borins, Q.C.W.C. Bowman, Q.C. H.H. Bull, Q.C. C.F.H. Carson, Q.C.Austin M. Cooper, Q.C. Charles L. Dubin, Q.C. J.E. EberleB.V. Elliot, Q.C. Willard Z. Estey, Q.C. George D. Finlayson, Q.C.W.G. Gray, Q.C. W. David Griffiths, Q.C. Benjamin Grossberg, Q.C.Douglas Haines, Q.C. Patrick Hartt, Q.C. John D. Hilton, Q.C.Richard E. Holland, Q.C. D.A. Keith, Q.C. The Hon. R.L. KellockDouglas K. Laidlaw Benjamin V. Levinter, Q.C. David Lewis, Q.C.B.J. MacKinnon, Q.C. Arthur E.M. Maloney, Q.C. John F. McGarry, Q.C.Charles F. McKeon, Q.C. Robert S. Montgomery, Q.C. P. Barry C. Pepper, Q.C.R.G. Phelan, Q.C. Lloyd W. Perry, Q.C. Robert F. Reid, Q.C.Malcolm Robb, Q.C. Sydney L. Robins, Q.C. W.P. Rogers, Q.C.Robert C. Rutherford, Q.C. Donald R. Shearer, Q.C. Richard E. ShibleyWilliam J. Smith, Q.C. W.L.N. Somerville, Q.C. H.G. Steen, Q.C.J.W. Thompson, Q.C. B.J. Thomson, Q.C. J.T. Weir, Q.C.Walter B. Williston, Q.C.R.F. Wilson, Q.C.Associate MembersBert Raphael Lee K. Ferrier Burton H. KellockJoseph W. O’BrienJames W. McCutcheon

AcknowledgmentsThis narration has benefitted from the clear memory of Past President Bert Raphael, Q.C., LSM., current President Jeffrey S. Leon,and Executive Director Alexandra Chyczij, and from the recorded oral history of Helen Halchuk, Richard Holland, Q.C., BenjaminLevinter, Q.C., Robert Montgomery, Q.C., Theodore Rachlin, Q.C., Robert Reid, Q.C., Moishe Reiter, Q.C., John Sopinka, Q.C.,Wendel Wigle, Q.C., and Walter Williston, Q.C., as well as material from the Journal, the “Brief,” and other Society documents,including the annual reports and correspondence of 40 years’ worth of Presidents.Sonia HoliadDirector of Marketing & Communications

IntroductionThe Founders of The Advocates’ Society had a vision to create an organization dedicated to the needs of those whopractise advocacy before the courts. They also had vision -- the foresight to understand the significance of such anorganization for the Ontario legal landscape. It took some 10 years for the first phase of that vision to be realizedthrough the opening of Campbell House as a permanent home for the Society in June 1974. It is appropriate that 30years later, during the 40 th anniversary year of the Society, we document the achievements and growth of the Societysince its inception.The 40 th anniversary year has been a full and exciting year. It has been a year of celebrating tradition and a year ofembracing change. Indeed, that is the essence of The Advocates’ Society. We are an organization built on a strongfoundation of traditions -- a fact that is well demonstrated throughout the following pages. We also are an organizationthat recognizes the need to adapt and change with the times. With some 3,000 members, The Advocates’ Societyhas become the primary provider of advocacy skills training to Ontario lawyers; a prominent vehicle for promotingcivility and collegiality among members of the bar and between members of the bench and members of the bar; and aleading voice in directing the development and reform of our justice system through interventions, participation inreform initiatives and consultation with the government and the courts.We have much to celebrate and much to be proud of in our short 40 year history. I hope that this very readable volumeon the achievements of the Society to date will bring satisfaction to those who have been a part of our past successesand inspiration to those who will become a part of our future successes. This history is a fitting way to celebrateour 40 th anniversary by paying tribute to those who created our traditions and by informing those who willadapt and carry forward these traditions into the future.The initial work for this history was undertaken by Alan Niester. Using this work as a base, Sonia Holiad, our Directorof Marketing & Communications, revised and supplemented it to bring you this finished product. I particularly wantto thank Sonia for her efforts in bringing this project to fruition.One thing remains certain -- this is Volume I -- the history of the first 40 years of The Advocates’ Society. With the manydedicated and hard-working members of the Society who will continue to contribute to its success and with a similarlydedicated and hard-working staff, we all can look forward in due course to Volume II. In the meantime, this volumeis dedicated to the Founding Members and Associates of The Advocates’ Society. We owe them so much.Jeffrey S. LeonPresidentJune, 2004

If The Advocates' Society has served its purpose well, its history cannever be told to anyone's complete satisfaction. Each member giveswhat he can, interacts in her own way, takes what he needs, and makesher own memories. And so, history lives within the thousands ofadvocates who have been shaped and enriched throughout the years.Myriad stories -- of plans and hopes, of triumphs and failures,of paths crossed and lessons learned, of grand gestures and privatemoments, of a passion for justice and a pursuit of excellence in advocacy;and, at the core, a simple tale of home and fellowship.Bunny Levinter has been known totell the story of a day in January1962. "The lights were turned on inthe gowning room of the County ofYork Law Association in the OldCity Hall - and the cockroaches scurriedfor cover. It is said that many,and momentous, have been the discussions,debates, and decisions inthe gowning room. That day, a barristers'society was conceived there."In the coming months, Benjamin(Bunny) Levinter, Q.C., William G.Atwell, Richard E. Holland, Q.C.,Charles F. McKeon, Q.C., Robert S.Montgomery, Q.C. and others consideredthe possibility of some sortof body that would resemble thefamous Inns of Court in London.They imagined a setting in whichbarristers could meet to share concerns,problems and congratulations;a sanctuary where a sense ofprofessional civility might be fosteredoutside the forum of thecourts.Certainly, there were already inplace professional organizationsthat consisted of lawyers of all leanings,ranging from the Canadian BarAssociation to The Law Society ofUpper Canada to the County of YorkLaw Association. But what wasneeded was a group specifically forbarristers, a society that would promotethe needs and interests specificto those whose primary dutiesrested solely in the courts and tribunalsof the province.Subsequent talk in legal circles confirmeda wide-spread interest in theconcept. To give it even more credibility,some of Ontario's finest barristerswere approached.As Robert Montgomery recountedsome years later, "The only way ourwhole notion would be accepted asresponsible and authoritative was tohave a group of original incorporatorswho were highly respected inthe profession. We needed impeccablepeople. We needed men likeJohn Robinette and T.N. Phelan andJoe Sedgwick. So we approachedthem, and it really didn't surpriseme at all when they accepted uswith open arms."On November 20, 1963, theHonourable John Yaremko,Provincial Secretary and Minister ofCitizenship for the Province ofOntario, granted a Charter for anewly-formed corporation to beknown as The Advocates' Society, aname suggested by JosephSedgwick, Q.C. The Charter listed avirtual who's who of the province'sgreat barristers as the FoundingDirectors: John D. Arnup (later tobecome a justice of the Court ofAppeal for Ontario); William B.Common, Q.C. (Deputy AttorneyGeneral); Gordon W. Ford, Q.C.,Isadore Levinter, Q.C.; G. ArthurMartin, Q.C. (later to become a justiceof the Court of Appeal forOntario); Arthur S. Patillo, Q.C.;Thomas N. Phelan; John J.1Robinette, Q.C. (the first presidentof The Advocates' Society); JosephSedgwick, Q.C., and David J.Walker, Q.C.While November 20, 1963 markedthe technical and celebratory beginningof the Society, it was nearly twoyears before the real and practicalbusiness began to unfold.On May 17, 1965, in the smallCommon Room at Toronto'sOsgoode Hall, a series of meetingstook place in rapid succession. Firstwas the Meeting of the FirstDirectors of the Society at 4:15 p.m.,with six of the original ten Chartermembers in attendance. A studiousaffair, it concerned itself for themost part with the mechanics ofpassing banking by-laws and resolutions;but it also was noted that atotal of 52 barristers had signed theSpecial Resolution of November 10,1964, and subsequently had signedthe minute book of the Society and,by motion duly made and unanimouslyconfirmed, had been admittedas the Founding Members ofThe Advocates' Society.This meeting was followed by theFirst Annual Meeting and SpecialGeneral Meeting of the Society at4:30 p.m. Chaired by IsadoreLevinter, it concerned itself predominantlywith informing the 30 membersin attendance of the passage ofSociety By-law No. 1 (relating generallyto the transaction of the busi-

ness and affairs of the Society), BylawNo. 2 (dealing generally withmembership issues, and with theincrease in the number of Directorsfrom 10 to 15), and By-law No. 3(dealing with the borrowing of moneysand the issuance of securities bythe Society). The new 15-personBoard of Directors then was put intoplace.At this meeting, Isadore Levintermade remarked on the origins andjustifications of the Society. "Theidea was conceived by a few of theyounger members of the profession,"he said, "who thought that anassociation should be formed for thepurpose of assisting those of the barwho are interested in counsel work.The association," he continued,"would provide a meetingplace to discuss commonproblems and would speak inone voice."Mr. Levinter's concept of theSociety was not that it be asocial club, but that it existchiefly to encourage and helpyounger members of the barto become good counsel. Henoted that there was a shortageof good counsel not onlyin Canada, but also in theUnited States, and he quoted fromthe May issue of Trial, the voice ofthe American Trial Lawyers'Association: "The art of advocacy isin its sharpest decline in history, at atime when the demand by the publicand the bar for experienced triallawyers is at its peak."He went on to summarize the article'senumeration of the challengesfacing trial lawyers -- the need forthe guarantees of due process andthe availability of experienced counsel,the continuation of legal aid, thesurge of litigation resulting from thenation's ever-rising accident toll --and warned that the points made inthe article were equally relevant inCanada. "It is certainly part of theresponsibility of the senior membersof the bar to assist [in confrontingthese challenges] and TheAdvocates' Society, it is hoped, willbe the vehicle to attain these accomplishments."He then concluded with a credo thatwould fuel the Society throughoutits now forty-year history. "I considerthis first meeting of the Society anhistoric occasion. In these times ofunrest, when the rights and libertiesof the people are slowly beinginfringed upon and taken away -and when those foundations uponwhich British liberty was built aregradually being undermined andchipped away and when morepower is being sought by an individualfew - we need more than evera strong, independent and courageousbar."“I consider this first meeting of the Societyan historic occasion. In these times ofunrest, when the rights and liberties of thepeople are slowly being infringed upon andtaken away ... we need more than ever astrong, independent and courageous bar."Isadore Levinter, Q.C."This Society will provide a convenientplace in the downtown areawhere barristers, junior and senior,can meet at all times on commonground and where problems andtopics not only legal but of nationalconcern may be discussed. Out ofthis Society I trust will grow a powerfulgroup of barristers which willact as a body to give effect to theideals of liberty and justice forwhich it stands."To complete this momentous day, athird meeting was assembled at 5:15p.m., this being the First Meeting ofDirectors, the newly-formed 15-member group that included --besides Charter signees GordonFord, Q.C., Isadore Levinter, Q.C.,and J.J. Robinette, Q.C., -- Austin M.Cooper, Q.C., Charles L. Dubin,2Q.C., Richard E. Holland, Q.C.,James McCutcheon, Q.C., Charles F.McKeon, Q.C., Burton J. MacKinnon,Q.C., Robert S. Montgomery, Q.C.,and Robert F. Reid, Q.C.The most notable occurrence at thisthird meeting of the day was thenomination and acclamation of JohnJ. Robinette as the first President ofthe Society, and the subsequentselection of Mr. MacKinnon and Mr.Ford as Vice-presidents and Mr.McKeon as Secretary. Mr. Reidundertook the role of Treasurer, anda Membership Committee was putin place consisting of Mssrs.Montgomery (Chair), Holland,Levinter, and McCutcheon. Alsoestablished was a PremisesCommittee chaired by Mr.Sedgwick and including Mr.Levinter and Patrick Hartt,Q.C. Clearly, then, the seedshad been sown for the developmentof a vibrant andfunctionalorganization.professionalThe Directors met again amonth later, on June 25,1965. At that meeting, Mr.Hartt was appointed to representthe Society on a proposedcommittee in conjunctionwith the Canadian BarAssociation and the County of YorkLaw Association to prepare a suitablelist of persons for magistratesappointments. The young organizationwas already beginning to makeitself a player in legal circles, andthis marked the beginning of a longand honoured tradition of Societyinvolvement in law reform andadministration.On May 6, 1966, the second annualMeeting of the Members of theSociety was held, now inConvocation Hall at Osgoode Hall.The Treasurer noted that the Societyhas amassed a bank balance of$3,784.71, collected solely frommembership fees, and that a liabilityof $89.87 had been incurred due tothe cost of printing and mailing.

Bob Montgomery's MembershipCommittee reported that membershiphad by now reached 220, ofwhom 70 carried on their practiceoutside of the Metropolitan Torontoregion. Mr. Montgomery alsoadvised that the requirement that anapplicant's practice be primarily oneof advocacy would be less stringentlyadhered to in some instanceswhere the applicant practised outsideof metropolitan areas.And in the matter of premises forthe Society, it was resolved that JoeSedgwick's Premises Committeeinvestigate the opportunities forestablishment of "modest premiseswithout overnight accommodationconvenient to Osgoode Hall," andreport back to the membership.Bob Reid then noted that theDirectors had reviewed the by-lawsand considered that they requiredrevision in order to obtain moreeffective representation of the membership.It was recommended thatthe number of Directors beincreased to thirty, apportionedbetween senior, junior and associatemembers in approximately the sameratio as had been previously established,that the duration of aDirector's term be three years, andthat one-third of the Directors beretired annually, a practice thatexists to this day. It also was recommendedthat provision be made forthe election of Directors by mail.The growth of the Society was furtherevidenced by a discussion thatoccurred at meeting's end, whichfocused on potential committees forareas in which the Society mighttake an interest. Proposed committeesincluded those concerned withpolicy, dinner meetings, review oflegislation, changes in practice, tariffs,legal aid, ethics, legal education,judicial appointments, appointmentsof Queen's Counsel, andgrievances.The fourth meeting of Directors washeld at the home of Charles Dubinon May 19, 1966. At that meeting,the resolution to increase the numberof Directors from 15 to 30 wasunanimously passed, and a slate of15 new Directors was added to theBoard.At this meeting, Robert F. Reid, Q.C.was elected to be the secondPresident of the Society, with JohnWhite, Donald Bark, and BobMontgomery selected as Vice-presidents.The Premises Committeeunder Mr. Sedgwick was appointedwith the mandate of investigatingand reporting on potential locationsso that leasing arrangements mightbe made by the end of June 1966. AMembership Committee was constituted,as were committees concernedwith law reform, legislationand legal aid.The rapid growth of the Society bothin members and in prestige was evidencedby the well-attendedGeneral Meeting at the Inn on ThePark in June 1966. The Directors discussedplans to establish premisesin the Richmond-Adelaide Centreand Benjamin Levinter, Chair of thePremises Committee, was authorizedto negotiate for approximately1,500 square feet of space for a fiveyearperiod. At this meeting, theconcepts of Spring and FallConventions were considered,establishing traditions that live on tothis day. A black-tie dinner followedthe General Meeting and, althoughnot yet referred to as such, this wasthe first End of Term Dinner for theSociety.In October, the first two-day FallConvention was held at the Inn onThe Park. Fall Conventions wouldcontinue to be held in Ontario on anannual basis until 1995, when theywould move outside of theprovince. In May 1967, the SpringConvention debuted, marking thefirst and only year it would be heldin Toronto, until reinstituted as theSpring Symposium in 2001.During Bob Reid's tenure as3President (1967-68), John G. Whiteand Dick Holland were asked tomake plans for a 1968 SpringConvention somewhere in theCaribbean. It would take place inKingston, Jamaica, and would featurea workshop on litigation costs,with a joint panel of members of theJamaican Bar and The Advocates'Society focusing on civil rights, barristerand solicitor status, and modernchanges in criminal law.At home, a committee led by PhillipD. Isbister prepared a brief for submissionto the Executive Committeeconsidering the revision of the rulesin respect of matrimonial causes,and R.G. Phelan was appointed asThe Advocates' Society representativeto the Committee for theConsideration of MagistratesAppointments, thus reconfirmingthe Society as a budding force inlegal and administrative reform. Thefundamental question of whetherthe Society should take the initiativein making recommendations forlegal amendments and reforms ormerely hold itself available for consultationand advice was deferredfor the next group of Directors todecide.At the Board of Director's meeting ofMay 6, 1967, Robert S. Montgomery,Q.C. was elected President. Underhis leadership, a number of importantnew committees were struck.Walter Williston was appointedChair of the Supreme Court PracticeCommittee, which would meet withthe Chief Justice of the SupremeCourt to call attention to and discussthe conduct of members of thebench and counsel. Douglas K.Laidlaw, Q.C. was appointed tohead a committee on professionalconduct, which would provideguidance to advocates in the mattersof professional ethics and conduct.For a number of years, the Society'saffairs had been administered byMarion Barry, who worked as apart-time, unpaid ExecutiveSecretary. Following discussions

concerning the need for a permanentExecutive Secretary, it wasannounced that Joan Johnson wouldtake up the post on a part-time basisin a paid capacity.In June, Society members were invitedto a dinner on the occasion of theretirement of the HonourableJudge Robert Forsyth, SeniorJudge of the County Court ofthe County of York. Amongthe guests were the SolicitorGeneral for Canada, theAttorney General for Ontario,the Chief Justice of Ontario,and the Chief Justice of theHigh Court. This elegantevening marked the beginning of along tradition in which the Societywould host events in tribute to illustriousmembers of the bench and thebar.It was decided under Mr.Montgomery's stewardship thatfuture applications for membershipin the Society need be accompaniedby letters of reference from at leastfive members of the Society outsidethe firm of the applicant.The Society's 1968 Annual Meetingand Dinner was a black-tie affair atthe Royal York Hotel, held in honourof the judges of the Court ofAppeal and the High Court ofJustice. The guest speaker wasLeacroft Robinson, Q.C., Presidentof the Bar Association of Jamaica.It would be left to two gentlemen,Peter de C. Cory, Q.C. and Walter B.Williston, Q.C., to guide the Societythrough the final years of this initialdecade. Although a significantamount of energy would be expendedon the premises issue, some othersignificant firsts occurred duringthese years.During Mr. Cory's tenure (1968-69),submissions to the Attorney Generalconcerning law reform were ongoing,including a suggestion toeliminate the use of juries in civilcases. A committee was set up tostudy the state of the Supreme Courtlists, and a survey of damagesawarded in civil litigation cases wascontinued.It was during the Ireland trip that one ofthe most famous incidents of the Society'shistory took place, one that has been toldand re-told over the decades.At the Director's meeting of October1968, Robert Reid raised the possibilityof publishing a regular bulletin-- ideally monthly -- reportingon the activities of the Society tomembers and other interested parties.Society presidents had beencommunicating regularly with themembership through typed correspondence,and would continue todo so for some time.Mr. Cory informed the Society inNovember 1968 that he had beensuccessful in making arrangementswith the Law Faculty of theUniversity of Toronto to run a skillsworkshop similar to that offered byThe University of Michigan at AnnArbor. This workshop was held inMay 1969 to unanimous acclaim.In the spring of 1969, John G. Whitefloated the possibility of the Societyproviding a scholarship or an awardto a student of the Bar AdmissionCourse who achieved high standardsin the Civil Procedure courses.It was decided to earmark $100for this purpose, the first suchundertaking in the Society's history.This in turn led to an offer fromDean LeDain of Osgoode Hall LawSchool to provide "for mutual benefit"students to aid the Society in thematter of workshops, seminars anddemonstrations.On June 20, the End of Term Dinnerfeatured guest speaker David A.L.Smout, Barrister of Gray's Inn and aDeputy Chair of the Lincolnshire4Quarter Sessions.Mr. Cory was succeeded by WalterB. Williston, Q.C., who would servea two-year term of office (1969-71), ahighlight of which was a SpringConvention in Ireland.It was during the Ireland tripthat one of the most famousincidents of the Society's historytook place, one that hasbeen told and re-told overthe decades. It seems thatJoseph Sedgwick was calledupon to deliver the speech atthe closing banquet. He hadintended to deliberate on thecontribution of Irish playwrights tothe development of the English language;however, at the last minute,he had been inordinately impressedby the viewing of a large paintingdetailing the trial of IrishRevolutionary Roger Casement.Casement had been represented athis trial by a barrister namedRichard Sullivan -- an Irishman, butone who had made his reputation atthe London bar.Mr. Sedgwick felt obliged to addwords of praise to Sullivan in hisspeech and, mid-syllable, a voicepiped up from one of the tables inthe room. "Not a proper Irishman,"the voice impressed. The criticism --of Sullivan and, by extension, ofJoseph Sedgwick -- belonged tonone other than Michael O'Morain,the Irish Minister for Justice.Mr. Sedgwick glanced at theMinister, but then continued withhis speech. Mere seconds later,another interruption, this time fromMrs. O'Morain. "Who, Madam, isgiving this speech?" Mr. Sedgwickimplored. It was rhetorical, with Mr.Sedgwick adding that "of the two ofus, I shall finish it."This pronouncement had the effectof chasing the O'Morains from theroom; but the story did not endthere. When Joe Sedgwick returnedto Toronto, he received a telegram

from some of his new Irish barristerfriends, informing him that the incidenthad been such an embarrassmentto the government that thePrime Minister had demanded andreceived the resignation of MichaelO'Morain. While Mr. O'Morain wasalready a controversial politician,having been implicated in the ArmsTrial some years earlier, TheAdvocates' Society had, in effect,brought down the Minister forJustice.With Walter Williston came a newvolunteer Executive Secretary,Helen Halchuk, on whose desk atFasken Calvin sat two telephones:one for the firm, and one for theSociety. Helen would proveto be a tireless administratorfor the next five years.The Society was well on itsway; although it was still inits infancy during the sixties,certainly the foundations hadbeen well and truly laid for avibrant and dynamic professionalorganization. A constitutionand by-laws had beenput in place, the membershiprolls were steadily mushrooming,meetings and conventionsboth domestic and foreignhad been held, and issues of legalreform and administration had beentackled head on. Still, the issue of ahome for the organization had notbeen settled, and this was to be theissue of predominant concern overthe next several years.Since its inception, the Society hadheld it meetings in hotel rooms,restaurant lounges, legal offices,various corners of Osgoode Hall,The Caledon Mountain Trout Cluband even, on occasion, in members'own homes. As the 1970s loomed,the Society still was working to finda unique location that it could call itsown and, when this finally cameabout, it stood as one of the Society'sgreatest accomplishments.When the Premises Committeereturned with its initial report inJune 1966, Bunny Levinter hadlearned that no suitable space wasavailable at Osgoode Hall, the ideallocation, or at any other nearbycourt or office building. He reported,however, that the possibilityexisted of leasing space in the newRichmond-Adelaide Centre, abuilding that was just being constructed.This seemed promising, asthe building would be open in theevening hours and would allowsome form of food service on-site. A1,534-foot space on the 21st floorwould allow for a 25-personlicensed lounge, and lunch and dinnerseating for 50. The Board eagerlyapproved, directed the committeeAs 1968 ended, a new and very intriguingopportunity arose. At the Directors' meetingof December 12, Bob Reid advised onthe possibility of acquiring the originalhome of Chief Justice William Campbell, aToronto magistrate active in the earlynineteenth century.to negotiate a five-year lease with anoption for five more, then set aboutto determine how costs should bedivided among the membership.By October, discussions with interiordesigners and caterers were infull swing, and it seemed as if theRichmond-Adelaide Centre soonwould become the first true home ofthe Society. But it was not to be. InMarch 1967, Mr. Levinter reportedto the Directors that negotiations tolease the space were off. It had beendetermined that up-grades wereneeded to the building's air conditioningsystem in order to allow forcatering, and that these up-gradeswould cost the Society over $3,000.The search would have to begin allover again.The Committee looked at a new5possibility located at 23 Richmond,considered partnering in the newBlackstone Club at 34 Adelaide, andcontemplated using space in theCounty of York lounge. There wererumours of a new project being builton the west lawn of Osgoode Hall,and B.J. MacKinnon was given thetask of keeping his professional eyeon this development; but as 1967drew to a close, the Society was stillno further ahead in its quest for ahome.In February 1968, the indefatigableMr. Levinter brought news of possiblespace in the Simpson Tower, thecomplex built overtop of the oldSimpsons store on Yonge Street.This possibility failed tomaterialize, as did suchother whimsical possibilitiesas the old Fire Marshal'sOffice on Adelaide West, anda portion of the old HighNoon Restaurant, whoseproprietors were willing toset aside space and renovateit to the Society's specifications.For reasons variousand sundry, both of theseproposals ultimately died onthe vine.As 1968 ended, a new and veryintriguing opportunity arose. At theDirectors' meeting of December 12,Bob Reid advised on the possibilityof acquiring the original home ofChief Justice William Campbell, aToronto magistrate active in theearly nineteenth century. Once a fineold house, but which had since falleninto serious disrepair, it waslocated at the top of Frederick Streetin the historic neighbourhood of theold City of York. The owners werehopeful that the building could bepreserved, and it might well be possibleto dismantle and re-assemblethe edifice in a more central location.It then would become the permanenthome of the Society.By January 1969, Mr. Reid reportedthat he had spoken to a representativeof Coutts-Hallmark Cards, the

owners of Campbell House, and thatthey might indeed be willing toassist in the project. It was anothertwo months before Peter Cory wasable to report the interesting newsthat the Society had been offeredCampbell House for the price of $1,with the responsibility of moving itand filling in the hole that wouldremain.By April, plans were well afoot, andthe possibility of owning and movingCampbell House was becomingmore and more of a reality. Threepossible sites were now being considered-- a lot on the corner ofQueen and Simcoe, the west lawn ofOsgoode Hall, and lands adjacent tothe Canada Life Building. At theDirectors' meeting of April 1969,$2,500 was approved to investigatethe feasibility of purchasing landand obtaining a cost estimate for themoving of the house itself. Later thatyear, the Society purchased 246-248Simcoe Street as the future site forCampbell House.In 1969, the Society held the first ofits educational programs under thebanner of “Workshop for theWorking Bar” in Toronto. In aneffort to offer programming beyondToronto, a corporate litigation workshopwas held in Hamilton inNovember, to which members,guests and students-at-law wereinvited. Such workshops would beheld regularly over the comingyears in major cities throughout theprovince.As 1970 dawned, it was time to raisethe significant amount of moneythat would be necessary to fund themove of Campbell House. A committeewas struck and it was determinedthat a charitable foundationwould be created -- The Sir WilliamCampbell Foundation -- to overseethe project. James W. McCutcheonwas selected to chair theFoundation's fund drive, and Mssrs.Arthur, Stapells, Macdonald, Wells,Gale, Swann, Sedgwick, Cartwrightand Montgomery joined the committeeto help raise funds. Local lawfirms were actively canvassed andlocal Society members were asked todonate $500 over a five-year period,with out-of-Toronto members beingasked for $300. The best tenderreceived for the actual move was$75,000 from an American firm, andit was determined that the Societywould need $300,000 to begin theprocess.For a short period, things lookedbleak. As of April, the Society hadmanaged only $11,500 in pledges;however, an article on the restorationof the house, published in TheGlobe and Mail later that month,prompted positive response and, bymid-May, pledges had risen toapproximately $125,000. This wasstill well short of the amount needed,and the Society decided to postponethe move, possibly to autumn.At this point, a new player wasadded to the mix -- The City ofToronto. In June 1970, Dick Hollandand Walter Williston met with theChief Planner for the City ofToronto, who suggested that theCity would like to exchange theSociety's Simcoe Street property foranother property in the middle of aproposed green belt in the samearea, and move the house to thatCampbell House in 1952, situated on the corner of Frederick and Adelaide. Following its early noble years as the home of SirWilliam and Lady Hannah Campbell, the house served variously as a vinegar factory and as the headquarters for the CapewellHorse Nail Company and Otis Elevator Company, This photo shows the addition that was built to provide warehouse space.6

location. It was expected that thisdeal could be firmed up by early1971, with the actual move followingin the spring of that year.It was at this time that WalterWilliston proved his mettleas a fund raiser, corneringeach of his colleagues on theIreland trip and encouragingthem to donate; and donatethey did. By September 1970,over $200,000 in pledges hadbeen collected for the project,but this was still well short ofthe total projected expense. Itwas determined that moneywould need to be raised outsideof the legal profession,so Bob Montgomery andDick Holland were authorizedto approach the banks and apromotional campaign waslaunched under James McCutcheon.And there was indeed talk aboutcancelling the project outright.In April 1971, discussions with theCity were going well, and thechances of obtaining a lot from theCity at no cost were excellent. Therewere two under consideration: onenear St. James Cathedral, the otheron the south side of the Canada LifeBuilding on University Avenue. Bysummer, the pendulum had clearlyshifted towards the Canada Life siteand on August 18, Mr. Holland wasauthorized to enter into a contractwith Nicholas Bros Ltd. to move thehouse to that property.After lengthy and complex negotiationsbetween the Society, the Cityand Canada Life, a deal was finalized.Canada Life agreed to lease itssouthern lawn to the City, receivingin return forgiveness of taxes on thatland. The City would acquire ownershipof Campbell House, with theassurance that the house would beconverted into an historical site; andthe Society would take possession ofthe house, along with the responsibilityfor its relocation and restoration.The move into CampbellHouse was now one significant stepcloser, but this was still just a firststep in what was to become a longand arduous journey. The calendaryear closed with heartening newsfrom the architects that movementof the house was, in fact, possible.It was at this time that WalterWilliston proved his mettle as a fundraiser, cornering each of his colleagueson the Ireland trip andencouraging them to donate; anddonate they did.On June 11, members gathered onceagain for the End of Term Dinner atthe Royal York Hotel, where theywere addressed by Thomas A.Doyle, Senior Counsel of the Bar ofIreland.In October 1971, Mr. Hollandadvised the Directors that theCanadian Imperial Bank ofCommerce would require guaranteesbefore it would grant the necessaryletters of credit to the SirWilliam Campbell Foundation. Thiswould require the individualDirectors to guarantee the debt personally,which, to their ever-lastingcredit, they did unflinchingly, eachand every one.The Municipal Board and theDepartment of Municipal Affairsapproved the relocation ofCampbell House to the south lawnof the Canada Life property, withthe excavation to begin onNovember 29, 1971, and the actualmove occurring at the end ofJanuary 1972. When the CityCommissioner refused to allow themove in the winter months, however,it was delayed yet again, thistime until March.Even with affairs seemingly settled,there were still some final glitches.7A steel erectors strike in Februaryprevented work from being finishedon the basement. The original routeof the move had to be altered whenit was discovered that an undergroundgarage probably would notwithstand the house's weightas it passed overtop. Merehours before the move was totake place, the City decidedthat the house's movementover the subway tunnel constituteda potential danger,and demanded an $80,000bond from the Society.The Directors decided thatfar too much time and efforthad been invested to let a littlething like a security bondstand in their way. On themorning of Friday, March 31, earlyrisersin the downtown core saw therather unusual sight of a large housebeing wheeled slowly by. It weighedover 300 tons, it measured 52 feet by35 feet, and it stood 41 feet high. Itneeded to be moved almost exactlyone mile through the streets ofdowntown Toronto, and this necessitatedthe removal of overheadwires and the shoring of numerousmanholes. The move was a feat ofengineering expertise at the highestlevel and, when it was completed,Campbell House would become, ina very real sense, the foundation ofThe Advocates' Society.The house would serve a number ofpurposes. The lower part wouldbecome a museum, run by the SirWilliam Campbell Foundation andstaffed largely by volunteers. Theupper section would be reserved asoffice space for The Advocates'Society, and a dining facility wouldbe established in the basement area.Of course, simply moving the houseand setting it down on a new sitewas hardly the end of the story.Much work still needed to be donein order to prepare the house forboth the public and the Society and,to this end, the Sir WilliamCampbell Residence Woman'sAdvisory Committee headed by

Nancy Holland proved tireless andinvaluable.There were still problems with fundraising, financing and the collectingof pledges and special levies, but allof these problems were pushed ontothe back burner when, on June 28,1974, Her Majesty Queen ElizabethThe Queen Mother entered throughthe front door with Barry Pepper,Q.C., and officially openedCampbell House. The Advocates'Society now had a home.While the various and complexissues surrounding the establishmentof Campbell House were ofprime concern, there was still otherSociety business that needed to bedealt with throughout the rest of thedecade.During the administration of W.David Griffiths, Q.C. (1971-72), fullytwenty committees, ranging fromAdministrative Law to ProfessionalConduct, were actively functioning.And, there was the matter of the upcomingSpring Convention, scheduledfor May 1972 in London,England.As the Society continued its steadygrowth, it became more and moreinterested in offering advocacy education.One of its earliest workshopswas held in April 1972 at theUniversity of Windsor Law School,dealing with cross-border issues inmotor vehicle cases.Thought also was given to the ideaof producing a new publication. TheAdvocate, in its original concept,would require five editors, fiftywriters, would be printed five timesper year, and would cost between$500 and $600 per issue. It would bea decade before this concept wouldmanifest as The Advocates' SocietyJournal.An old house moves to its new home on Friday, March 31, 1972.enced the operation of the Englishcourts. Back in Toronto, the End ofTerm Dinner featured guest speakerSydney L. Robins, Q.C., Treasurer ofthe Law Society, on the topic of "OurProfession and the Winds ofChange."It was under the stewardship ofPresident Charles F. McKeon, Q.C.(1972-73) that the gryphon was confirmedas the Society's officialemblem. Chosen for its heraldic significanceand its ancient connectionwith the law, the gryphon was saidto be the offspring of a lion and aneagle, emblematic of watchfulness,courage, perseverance and rapidityof execution. At a very early time, itwas adopted by Gray's Inn andbecame synonymous with the qualitiesexpected of guardians of therights of men and women.At the end of the 1972-73 term, theissue of judges as members arose.One school of thought was thatmembers who were appointed tothe bench should no longer beSociety members because their pres-The Spring Convention in April 1972took the members to London,England, where they met with thatcountry's bench and bar, and experiencemight stifle discussion at meetings.The other school of thoughtwas that the judicial system could beimproved only with the input ofboth the bench and the bar. TheMembership Committee recommendedthat newly-appointedjudges be permitted to remain asHonorary Members.The Right Honourable Lord Salmonspoke on "The Role of the AppellateCourts in England" at the End ofTerm Dinner.During the presidency of ArthurE.M. Maloney, Q.C. (1973-74), theBoard of Directors passed a resolutionthat read, "All judges of theSupreme Court of Ontario, CountyCourt Judges, Masters, and membersof Administrative Tribunalsand Provincial Judges, who wereformerly members of TheAdvocates' Society prior to theirappointment, may continue to bemembers of the Society."The Society lost one of its most valuableassets when Helen Halchuk,8

Executive Secretary of the Society,was forced to tender her resignationbecause of time constraints. Mr.Maloney noted the Society's indebtednessto her for her tremendousefforts on the Society's behalf. A formalrecognition of her services tookplace at a later date.Scotland was the destination for the1974 Spring Convention. In additionto the high-quality educational programsexpected at the Society's conventions,members enjoyed a tour ofcourts and castles and teed off ongolf courses steeped in history.In June 1974, Barry Pepper, Q.C.assumed the reins of the Society. Hewould continue as President untilJune 1976, making him one of onlytwo persons -- Walter Willistonbeing the other -- to hold the positionfor a two-year term. Much of hisadministration revolved aroundissues dealing with CampbellHouse, including debt reduction,furnishing and utilising the building'ssecond floor, catering andliquor licensing, the purchase of analarm system, and the unveiling of aplaque for the premises.During Mr. Pepper's administration,the Society's committees began to bestreamlined; the AdministrativeLaw, Constitution, Rules of Practice,Tariff and Professional ConductCommittees were dismantled, leavinga core of 13 committees operating.In June 1974, Founding DirectorJoseph Sedgwick became the firstrecipient of The Advocates' SocietyMedal, which was created to be thehighest expression of esteem thatcan be conveyed upon a member.In December, the annual Regularmembership fee was increased from$50 to $100, with the fee for membersoutside of Toronto being $60. A$100 initiation fee was introducedfor new members, which was usedto fund the Sir William CampbellFoundation.It was during the Pepper era that theissue of no-fault automobile insurancearose. In January 1975, DavidGriffith, Chair of the InsuranceCommittee, distributed draft submissionsof the Society's recommendationsto the provincial governmentregarding insurance reform.Little did Mr. Griffith or the rest ofthe Board of Directors realize thatthis was an issue that would dominatethe Society's agenda for years tocome.On another front, Earl A. Cherniak,Q.C., Chair of the Law Reform andLegislation Committee, introducedthe membership to new proceduresthat were to be put in place withregard to the province's Legal Aidprogram.At the End of Term Dinner in June,the Honourable John B. Aylesworthspoke on the topic of "Advocacy atnisi prius and in Appellate Court: IsThere a Difference?" And ArthurE.M. Maloney, Q.C. became the secondrecipient of The Advocates'Society Medal, prior to leaving practiceto assume the position ofOmbudsman for Ontario.The 1976 Spring Convention inAustralia, chaired by theHonourable Justice DouglasCarruthers, proved to be a great success.The more than eighty membersin attendance met with members ofthe bar in both Melbourne andSydney, carried out extensive meetings,and were lavishly entertainedin the homes of members of theAustralian bar. Two months later,the End of Term Dinner featured theRight Honourable Sir PeterRawlinson, Former Attorney-General of England and Chair of theBar Council. The Advocates' SocietyMedal was awarded to John J.Robinette, Q.C.All told, by the time Mr. Pepper'stwo-year term was complete, he wasable to report at the Annual Meetingin June that the Society was in a"thriving condition," and that the9restoring and furnishing ofCampbell House was virtually complete.One of the first items on the agendaof the next President, Hyliard G.Chappell, Q.C. (1976-77), was a visitto Toronto by a group of 33Australian litigators. Earlier thatyear, the Society had travelled toAustralia and had enjoyed hospitalityof the highest order. Now it wastime to reciprocate, and the Societywent out of its way to do so. The visitorswere entertained at Directors’homes, given a tour of the courtsand, like many foreign visitors, drivendown the Q.E.W. to see the wonderof Niagara Falls.The Society's debt reduction wasaided significantly by the donationof a 100-piece set of 14K gold flatwareby the Joe and FayeTanenbaum Foundation. Featured ina lottery, the set raised approximately$100,000, an amount that wasapplied to the Society's CampbellHouse debt. The lucky winner wasSonja Evans, a dedicated CampbellHouse volunteer.On the administrative front, HelenHalchuk returned to the Society asits paid, full-time ExecutiveSecretary. And while issues surroundingCampbell House were stillparamount -- new curtains andupholstery now were needed --Joseph W. O'Brien, a Director soonto be President, voiced the concernshared by numerous otherDirectors, that issues involving "thehouse" were taking up far too muchtime at Director's meetings. Mr.Chappell responded that RobertLouden was set to become the Chairof the new House Committee, whichwould then begin meeting twicemonthly starting in January 1977. Itwas hoped that this would alleviatethe problem, allowing Directors todeal with other matters.Certainly issues revolving aroundCampbell House would continue toarise; but from this point on, it

seemed that matters concerning thehouse would have to leave centrestage.At the Annual Meeting in June 1977,Wendell S. Wigle, Q.C., was electedto become the eleventh President ofthe Society. He inherited an organizationthat, as outgoing PresidentHyl Chappell reported, had workedits debt down to $40,000 and hadbalanced its annual budget.One of the pre-dominant matters ofbusiness on this day was theapproval of an increase in the numberof Directors from 30 to 36.Another was the creation of a newclass of membership - the AssociateMember -- whose non-voting numberswould include only judges andmagistrates. Membership was to belimited to those who had been amember at the time of their appointment.The End of Term Dinner that fol-lowed featured Professor Thomas F.Lambert, Jr., Editor-in-Chief for theAssociation of Trial Lawyers ofAmerica, speaking on "The CivilJury: Quo Vadis?" The Advocates'Society Medal was awarded toFounding Director Isadore Levinter,Q.C.A highlight of the Wigle administrationwas the determination to makeIsrael the destination for theSociety's Spring Convention. Thisjourney would take place in March1978, despite the threats posed byon-going tensions between Israeland its neighbours. Chaired by JohnJ. Fitzpatrick, Q.C. and BertRaphael, Q.C., it would be declareda resounding success, the measureof which was largely attributable tothe high-profile contingent thatcame from Ontario, including theHonourable Justice Willard Z. Esteyof The Supreme Court of Canada,the Honourable Chief JusticeWilliam Gale, Attorney General R.Roy McMurtry, and more than tenjudges of the Supreme Court and theCounty Court. Delegates were treatedto home hospitality, a cocktailreception with the President of theState of Israel, meetings in theKnesset, and joint meetings withmembers of the Supreme Court ofIsrael and senior members of the Barof Israel.On the committee front, theSociety's Insurance Committee wascalled upon to present evidencebefore the Select Committee of theProvincial Legislature with respectto the creation of a no-fault automobileinsurance program for Ontario.The Committee on Mental HealthServices was active in proposedamendments to The Mental HealthAct, and significant work was beingdone by the Supreme Court LiaisonCommittee, especially regarding thelack of an adequate structure for theToronto Jury and Non-Jury Lists,and around a perceived need for aliaison between the Office of theAttorney General with theDepartment of Justice in Ottawa.The Criminal Law Committee, havingnoted that Ontario's 93,000Francophones were being representedby just 10 French-speakinglawyers and heard by merely 25bilingual judges, was concerningitself with the necessity of assuringthat French-speaking citizens wouldbe able to have their criminal andcivil trials held in their nativetongue. It also was suggested that aproblem or complaint committee beestablished to receive commentsfrom members concerning the conductof judges.Campbell House is eased into place at University and Queen.In addition to the SpringConvention, the Society also held aSpring Conference in Toronto, thehighlight of which was the unveilingof the Civil Procedure RevisionCommittee's working draft of theproposed new Ontario Rules ofCivil Procedure. Under the directionof Walter Williston, the Committeehad worked on this proposal for twoyears.10

It was during the Wigle administrationthat the Society began presentingcufflinks featuring the gryphonlogo to members who made significantcontributions to the Society. AtCampbell House, George Bendabegan his 17-year reign as chef of theSociety's dining room and, in June,members gathered for the End ofTerm Dinner with guest speaker theHonourable Justice Willard Z. Estey.John J. Fitzpatrick, Q.C, was electedas the President of the Society forthe 1978-79 term, which was highlightedprimarily by the continuingactivity of the Insurance Committeeand the Bench and Bar Committee.At the August 1978 Directors’Meeting, Insurance Committee chairTheodore H. Rachlin, Q.C. reportedon the split in the Select Committeeof the Ontario Legislature betweenthe majority group, which recommendeda plan that would pay all ormost economic losses, and a minoritygroup, which opted for the de factosystem that advocated for change byway of increased accident benefits. Itwas determined that the Societywould disagree with the conclusionsof the majority of the SelectCommittee recommending a tortrestrictive,no-fault insurance plan.The Society took the position thatthere should be unrestricted accessto the courts by all innocent accidentvictims with a component ofincreased no-fault benefits for whichthe tort feasor's insurer would begiven credit.The Bench and Bar Committee wasthe Society's voice on such issues asthe increase in the jurisdiction ofSmall Claims Court to $3,000, andthe matter of fixed dates in provincialcourts.There were a number of other highlightsduring Mr. Fitzpatrick'stenure. Famed American criminallawyer Arthur Julien was booked fora seminar on personal injury, which,due to his schedule, was not presenteduntil June 1980. In April, thearrival in London, Ontario of LordDenning to help celebrate theCentennial of the Middlesex LawAssociation provided the Societywith the opportunity to arrange aluncheon for 600 with His Lordshipat the Hotel Toronto. And, as theSociety's first President, J.J.Robinette, Q.C., would be celebratingthe 50th Anniversary of his callto the bar, it was decided that theEnd of Term Dinner would be heldin his honour, and that he would beinvited to be the guest speaker.The Sir William CampbellFoundation reported that completionof the restoration and the furnishingof Campbell house wouldcost in the vicinity of $180,000.While grants such as those providedby the Wintario Foundation couldbe counted on to provide perhaps$80,000, the balance almost certainlywould have to come from unspecifiedfund raising efforts.The 1979-80 term was presided overby Earl A. Cherniak, Q.C. Under hisleadership, a monthly newsletterwas established to provide informationof a topical nature for the membership;a committee was formed tomake recommendations to theProvince's Williston Committeewith respect to costs and family lawrules, and the question of what usecould be made of the third floor ofCampbell House arose. ThePremises Committee was taskedwith making recommendations onthis latter issue.The Spring Convention in SanFrancisco, chaired by Ted Rachlin,Q.C. in association with the SanFrancisco Trial Lawyers Association,featured joint meetings, lectures andpanels dealing with matters ofmutual interest. Society membersvisited the courts and were hosted ata cocktail reception by the famedAmerican defense attorney MelvinBelli.There was great relief when theSociety finally was able to retire the11debt that had resulted when it rescuedand adopted Campbell Houseas its own home. Over the years, theretirement of the debt came to takeon almost legendary status in theannals of the Society. A special ceremonywas held at the 1979 FallConvention in Toronto. A silverbowl was procured and in it wereplaced the last of the bank's notes.Joe Sedgwick was given the honourof setting a match to the notes whilean apprehensive hotel employeestood guard with a siphon bottle,but it wasn't needed. The small fireburned down of its own accord, thehotel was spared, and the Societyemerged unscathed from the debtloadit had carried all those years.Another feature of the 1979 FallConvention was the performance ofa young comedian. His name wasJim Carrey. His fee was $50.Perhaps the most enlightening exerciseundertaken during Mr.Cherniak's year in office took placein January 1980, at a specialDirector's meeting dealing with theissue of membership. The Societywas now in its 15th year, had experiencedand survived its growingpains and its adolescence, and wasin a position to re-examine its fundamentalnature. The debate aboutwhat it was going to be was encapsulatedin a re-examination of therules for entry.There were, not surprisingly, varyingopinions on a number of differentmembership topics, and theconcept of an optimum number ofmembers was hotly debated. Somefelt that the Society shouldn't growtoo large -- that the founders hadenvisioned a group in which everyoneknew everyone else and inwhich no one should have to standin a long line-up in the dining room,just to get a sandwich or a table.Others felt that the Society shouldadmit younger lawyers as soon aspossible, within two or three yearsof call, in order for them to fullygain the advantages of mentorship

that would be provided by moreexperienced members. This was,after all, one of the Society's predominantfounding principles.There was also a suggestion thatfully 75% of a lawyer's practiceshould be in advocacy as a qualificationfor membership, although thisrecommendation was criticized bysome as being too difficult to accuratelydetermine.Ultimately, a compromise wasreached when it was decided that, infuture, a new member must havebeen practising law for at least fiveyears, and that 75% of the last threeof those years must havebeen spent in advocacy.The benefits of this exercisewent beyond merelynumbers and by-lawchanges. For the first timesince its inception, theSociety had taken theopportunity to pause,reflect, and focus on thefundamental issues ofwhat it was and where itwas going.The End of Term broughtanother dinner, anotherguest speaker -- theHonourable Justice A.M.Harradence of the SupremeCourt of Alberta, AppellateDivision -- and anotherworthy recipient of TheAdvocates' Society Medal --Walter B. Williston, Q.C.With the turning of thedecade and a new termunder Joseph W. O'Brien,Q.C., (1980-81), the Society wasfaced with an unexpected problem.As a matter of course, members haddeducted expenses incurred on theSociety's conventions outside ofOntario. Revenue Canada, however,decided it was disinclined to allowthese expenses, and indicated that itwould begin to audit variousreturns dating back to the 1976Australia trip.To commemorate one of its keyfounding members, IsadoreLevinter, Q.C., the Society establisheda prize in his name to beawarded annually, at the President'sdiscretion, to the student obtainingthe highest mark in Civil ProcedureII in the Bar Admission Course. The$150 prize would be funded with a$2,000 sum paid to and held by TheLaw Society of Upper Canada.As part of The Advocates' Society'songoing efforts to assess its members'needs and remain relevant, itsLong Range Planning Committeespent considerable time and effortBarry C. Pepper, Q.C. and Her Majesty Queen Elizabeth TheQueen Mother at the official opening of Campbell House onJune 28, 1974.investigating the workings of theSociety and, eventually, made thefollowing recommendations: Anannual budget was needed; aprocess for the short-term investmentof excess funds was needed;the long-term use of CampbellHouse should be determined, andthe need for the Society to take amore active role in advocacy educationshould be addressed. All of12these recommendations would beconsidered in the months to come.During this term, the Society decidedto experiment with an informalopen house at Campbell House,with wine and cheese being servedon Thursday evenings. This conceptproved to be a poor draw and wascancelled. The Campbell HouseDining Room, however, was madeavailable to members for $50 plusthe cost of catering and proved to bean attractive draw for such events asChristmas parties and meetings ofother legal organizations.In a departure from tradition,there was no guestspeaker at the 1981 End ofTerm Dinner; instead,toasts were made to thebench and the bar, and tothe Honourable MayerLerner and His HonourBen Grossberg on theirretirement, with correspondingresponses.The 1981-82 term, underthe presidency ofTheodore H. Rachlin, Q.C.,dawned with the issue ofthe deductibility of out-ofcountryconventionexpenses still a thorn in theSociety's side. By mid-November a decision wasreached that wasunfavourable to theSociety. An immediateappeal was launched, withJohn J. Robinette, Q.C.,leading the process, andMerv Ellis, Q.C. and BertRaphael, Q.C., being examinedfor discovery by lawyers forRevenue Canada. Using his unparalleledeloquence and persuasiveness,Mr. Robinette eventually convincedRevenue Canada to abandonits challenge of the deductibility ofconvention expenses. So as to avoidany further problems, the by-laws ofthe Society were amended to permitthe study of foreign legal systemsthrough travel to foreign jurisdic-

tions and meetings with local judgesand lawyers. Future out-of-countryconventions were coordinated byway of an invitation to the Societyby the host country for a joint meeting.In memory of its Past President, TheAdvocates' Society Walter WillistonPrize in Advocacy was created, to beoffered to law students across theprovince.In 1981, Brian J.E. Brock, Q.C., Chairof the Publications Committee,joined forces with Moishe Reiter,Q.C. to research and to lay thegroundwork for a periodical thatwould be called The Advocates'Society Journal. After collaboratingon everything from the physical formatto the content, Mr. Brock presenteda proposal to the Board ofDirectors and nominated Mr. Reiteras Founding Editor. SubsequentPublications Committee Chair C.Anthony Keith, Q.C. continued theprocess, and June 1982 saw thedebut of the first issue. It featured abrief history of the Society writtenby lawyer and noted author JackBatten, and it featured on its coveran original rendition of CampbellHouse by artist Blair Clark. TheJournal would have its growingpains as Mssrs. Brock, Keith andReiter worked to define its natureand to encourage the contribution ofarticles, but it would find its wayand become one of the Society'smost visible and enduring traditions.As Campbell House was experiencingsome financial stress, it wasdecided that a loan would be grantedto the Foundation by the Society.There was debate, however, on thewisdom of the move; some membersfelt that the Foundation neededto do more to deal with its ownfinancial problems.The second Spring Convention inIreland, chaired by Bert Raphael,took place in 1982 and was anotherhuge success. The legal meetings,the discussions about the IrishConstitution, the interactions withthe Irish bar over pints of Guinness,and the social activities all were consideredto be of a very high calibre.In March, the Society was shaken bya shooting at Osgoode Hall. Thisincident prompted Ted Rachlin towrite to Attorney General RoyMcMurtry, expressing the Society'sconcerns about security. MichaelSullivan was appointed as theSociety's representative to a committeethat was set up by theAttorney General, with the understandingthat this committee wouldultimately file its recommendationswith the Bench and Bar Committee.The determination to engage theSociety more deeply in the realm ofadvocacy education continued. Bythe end of the term, the EducationCommittee was preparing to offerthe province's law schools a localcommittee to help produce advocacyprograms. The EducationCommittee also offered to organizea trial advocacy competitionamongst the schools. This competitionwould be held in Toronto, witha dinner to follow at CampbellHouse. As the term ended, theSociety awaited the approval of theDeans of the various law schools.The End of Term Dinner, now at theKing Edward Hotel, featured NiallMcCarthy, S.C., Chair of the GeneralCouncil of the Bar of Ireland, asguest speaker.In 1982, during the term of KennethE. Howie, Q.C. (1982-83), Vice-presidentJohn P. Nelligan, Q.C. attendeda meeting with representatives ofthe province's law schools. Here hebecame aware of the widely-heldview that full-time advocacy courseswere needed, particularly at lawschools outside of Toronto.Subsequently, Mr. Howie wasempowered to designate a memberof the Society as a faculty advisor ineach of the centres outside ofToronto. The advisors would make13recommendations to the Societyregarding the establishment andfunding of full-time advocacycourses at those schools. The Societyworked hard to establish liaisonswith the law schools, a valuablestepping stone to positive relationsin the future.A goal of this term was to hold oneof the Society's ongoing Workshopssomewhere in Northern Ontario.Sault-Ste. Marie was the chosenvenue in January 1983.In order to forge closer ties with theSir William Campbell Foundation,Ken Howie met with the ExecutiveCommittee of the Foundation withthe intention of discussing the functionsand relationships of the twogroups. As a result of the meeting,the Chair of the Foundation and thePresident of the Society agreed toattend each other's meetings inanticipation that this wouldenhance communications betweenthe two bodies.The Advocate's Society Journal continuedits steady growth, with thePublications Committee determiningthat five issues per year was areasonable objective. Deficits of$3,000 to $4,000 per issue were predicted,but the Directors felt that theJournal should continue, and theyauthorized $12,000 for the publicationof the first three issues in 1983.Early in 1983, members were invitedto a May reception at ConvocationHall, where the portrait head of J.J.Robinette, commissioned by theSociety and created by the artist KenJarvis, was unveiled. The sculpturenow presides over the Dining Roomat Campbell House.It was during this term that, for thefirst time, the Society began to dealwith an issue that the foundingmembers probably never wouldhave considered, that being that theSociety's rapid growth might somedaybecome problematic. The LongTerm Planning Committee under

John Nelligan was beginning tovoice concerns over the problemsthat likely would result from theSociety's ever-increasing membership.Issues such as the problem ofaccommodation would once morecome to the fore -- but not quite yet.On the legal front, the Bench andBar Committee was active on theissue of the limits of financial jurisdictionin the County Court. It waswidely recognized that the limitneeded to be increased, but by howmuch? At one point, the Committeehad decided that $25,000 would besufficient, but a canvass of membersshowed that the majority were preparedto go as high as $30,000 oreven $35,000. Ultimately, it wasdecided that the Society's recommendationwould be for a limit of$25,000, but that this number wouldbe re-visited in a year's time.The End of Term Dinner was one tobe remembered. It featured PremierWilliam G. Davis as guest speaker,and was highlighted by the presentationof The Advocates' SocietyMedal to Brendan O'Brien, Q.C. Inhis last official address as Presidentof the Society, Ken Howie informedthe membership gathered atToronto's King Edward Hotel onJune 23, 1983 that the work of theSociety continued apace, and that"no other legal organization inCanada could boast greater dedicationto the aims of the legal professionthan this Society."Incoming President John P.Nelligan, Q.C., LSM (1983-84) inheritedan organization that had grownto 1,118 members, with 66 Associatemembers, and was fiscally soundand securely established. In short,the Society probably never had beenas well positioned to tackle the challengesof the on-coming year.tees, he gave special mention to thenewly-formed Automation andCourt Merger Committees. TheAutomation Committee was formedto deal with the arrival of the computerage. Lengthy discussions onthe advantages of computerizationwould result in $22,500 being budgetedto procure a system thatwould both meet the Society's immediateneeds and, it was hoped, notneed to be completely up-dated orreplaced two years later. The CourtMerger Committee would report onthe proposed merger of the Countyand District Courts in the TrialDivision of the Supreme Court.The Program Committee scheduleda full range of activities, from a jointmeeting with the Medico-LegalSociety in September -- the purposeof which was to present a primer onbasic human anatomy for younglawyers -- through to the SpringConvention in Kenya.At Campbell House, the Societyentered into a contract that saw afirm of architects prepare a feasibilitystudy for determining possiblerenovations to, and hence the possiblefuture function of, the building'sthen unused third-floor space.And on the Standing Committeefront, the Law Reform Committeewas preparing a report on recommendationsto the Ontario LawReform Commission regarding classactions. Past President Earl Cherniakwas the force behind a committee torepresent the Society's position onthe federal and provincial government'sinitiatives with respect to theproblem of drinking and driving,and a committee of Past Presidentswas formed to deal with the issue oftelevision in the courts.The Society journeyed into Africa forthe Spring Convention in March1984. With legal programmingarranged by Terry O'Sullivan andwith the detailed organization ofchair Bert Raphael, this turned out tobe an exciting excursion that culmi-14At the first full Director's meetingheld later that summer, Mr. Nelligandemonstrated an inclination to meetthe challenges of the organizationhead on. In his review of commitnatedin addresses to the delegatesby both the Attorney General andthe Chief Justice of Kenya.Back in Toronto, the End of TermDinner featured the RightHonourable R.G. Brian Dickson,P.C. as guest speaker.Peter Webb, Q.C. assumed leadershipof the Society in June 1984.Early on during his leadership camethe welcome news that RevenueCanada had abandoned the issue ofout-of-country convention expenses,a result that not only repudiatedthe Society's long-standing claims inthis regard, but also boded well forthe upcoming Spring Convention toNew York City.During Mr. Webb's tenure, theBoard considered whether Societymembers, and Directors in particular,should participate in competingeducational programs such as thoserun by the Law Society. While itseducational programs were animportant contributor to theSociety's financial health, it also recognizedthat competition betweenorganizations had resulted in anupgrading of standards of legaleducation and a greater variety inprogramming. This led to a discussionof the need to carefully definethe Society's unique areas ofstrength and, subsequently, to theoft-held but necessary debate on thepurposes of the Society itself.Another issue that arose at this juncturewas that of lawyers talking tothe media. The Law Society alreadyhad entered into a debate on thetopic, and the Society took the positionthat "a lawyer should not usethe news media to publicize himselfor herself and all public communicationsshould be free from circumstancesthat suggest that thelawyer's real purpose is to promotehimself or herself in comparisonwith other members of the bar." Itwas, however, understood andnoted that, in light of the Charter ofRights and Freedoms, there could or

should be little or no restriction on alawyer's communication with thepress.Also vexing the Directorsduring this term was theconstitutionality and legalityof a pre-paid legal aid plannegotiated by the UnitedAuto Workers in contractswith General Motors ofCanada and Ford MotorCompany of Canada, a benefitthat the Society saw aspotentially rife with conflict.1985 brought the concept of holdinga Directors' meeting outside ofToronto once per year. London,Ontario was the first venue. Otherhighlights of this term included theSociety's tribute to the HonourableR. Roy McMurtry on the occasion ofhis retirement from the office ofAttorney General, with the presentationto Mr. McMurtry of lifetimemembership in the Society and ascroll honouring him for his contributionto the administration of justiceand advocacy in general. TheSpring Convention in Toronto featuredthe Honourable JusticeWillard Z. Estey as principal speakeron the topic of "Innovations inAdvocacy in the '80s," and theSpring Conference chaired by BertRaphael took the Society to NewYork.The term ended with a dinner atL'Hotel, featuring the HonourableJohn C. Crosbie, Minister of Justiceand Attorney General of Canada, asguest speaker. The Advocates'Society Medal was awarded posthumouslyto Douglas K. Laidlaw, Q.C.Bert Raphael, Q.C., assumed thepresidency of the Society for the1985-86 term. Under his leadership,the Society was active on a numberof fronts.Early in the term, Ronald D. Manesintroduced the concept of anAdvocacy Institute that would focuson the teaching of advocacy skills toyoung lawyers. A committee wasestablished to study this idea, and itwould build towards this goalthroughout the year.Early in the term, Ronald D. Manesintroduced the concept of an AdvocacyInstitute that would focus on the teachingof advocacy skills to young lawyers.The Prepaid Legal ServicesCommittee continued its work in anarea that was becoming increasinglythorny and controversial, and theFamily Law Committee made recommendationson Bills C-47 TheDivorce and Corollary Relief Act andC-48 The Family Order EnforcementAssistance Act. The on-going crisisin the insurance industry kept theInsurance Committee engagedthrough yet another term, and sawMr. Raphael embark on a tour tomake speeches and representationson the issue.The Sir William CampbellFoundation received funds from theSociety for the renovation of thekitchen fireplace and outside gateposts. The Journal continued to prosper,now featuring articles in theFrench language. And the Societyentered into the marketing of memorabiliawhen it received permissionto sell "The Barrister," a figurinefrom the Fairweather Collection.The highlight of 1986 was undoubtedlythe Spring Conference inAustria and Hungary, chaired byTerrence J. O'Sullivan. Offering fivedays in Budapest with a trip downthe Danube to finish the conferencein Vienna, it was considered to beone of the Society's best.The End of Term Dinner featuredJohn C. Shepherd, Immediate PastPresident of the American BarAssociation, as guest speaker.15At the Board of Director's meetingof June 1986, Allan D. Houston, Q.C.was elected President for the 1986-87 term. As a means of paying tributeto his predecessors, hedecided to create a commemorativegold ring featuringthe gryphon. These ringswere presented to theSociety's Past Presidents at agala dinner at the York Clubin December 1986.A number of pragmatic issueswere considered by theDirectors during this term,including the Premier's decision toabolish the existing Queen'sCounsel system. The struggle topreserve the tort system in Ontariotook on a life of its own as meetingswere held with various legislativecaucuses, articles were written, andPast Presidents and others appearedbefore the Slater Commission andthe Kruger Commission to put forththe Society's support for the system.On the issue of the proposed mergerof the County Court and theSupreme Court, the Society held theopinion that the distinction betweenthe two Courts should be maintained;however, the ZuberCommission recommendation prevailedand the two Courts weremerged.The Houston administration consideredChina, Hong Kong and Italyfor the 1988 Spring Conference. Thechoice was an 11-day event splitbetween Hong Kong and Shanghai.The 1987 Spring Convention wasscheduled for Quebec City.Courtesy of The Advocates' Society,Campbell House was the beneficiaryof a new air conditioning systemand a large, illuminated sign to helpbolster visitor attendance. TheSociety's donation of law books tothe Dominica Law Library in theprevious year -- that island nation'slaw library having been destroyedby fire -- was acknowledged by aletter of thanks from the AttorneyGeneral and the Minister of Legal

Affairs and Immigration andLabour of the Commonwealth ofDominica.tive practice of advocacy.Spearheading the project were ASICommittee Chair Ron Manes, VicechairC. Scott Ritchie, Q.C.,Treasurer Peter Webb, and W.A.Derry Millar, who was responsiblefor the trial advocacy competitions.The Executive Committee foundreason to re-examine its by-lawspertaining to nomination procedureswhen long-time member JohnJ. Sopinka, Q.C. and others challengedthe Nominating Committee'sslate at the 1987 Annual GeneralMeeting. Mr. Sopinka had felt forsome time that the Society's focuswas narrowing, specifically towardsrepresentation of the insurance bar.At his colleagues' urgings, heformed an alternative slate of prominentadvocates comprising a broaderbase of practice areas, including asubstantial number of advocatesfrom the slate of the NominatingCommittee, and presented this slateIn November 1986, Dean Neil Goldof the University of Windsor submitteda proposal for the first phaseof development of The Advocates'Society Institute. He noted the overwhelmingneed for the training oflawyers in advocacy skills and theabsence of any such comprehensiveprograms in Canada. In January1987, the Board of Directors passeda resolution to proceed with theInstitute, and allocated $138,000,much of which would be used todevelop the Basic AdvocacyTraining Program (BATP) -- the program'sinstructional modules -- inthe coming year. This would yieldsome 100 hours of learning-bydoinginstruction in the advocacyprocess from initial client interviewto preparation for appeal; in short,everything necessary for the effecatthe meeting. While Mr. Sopinkahimself acknowledged in a Journalarticle that this action was perceivedby some as "an ambush," it didreceive "an unexpected show of support"by a sufficient number ofadvocates at the meeting, includingincumbent and proposed Directors.Representatives of both sides compromisedon a new slate that includeda substantial component of eachslate, in the shared hope that thiswould refocus the Society on itsoriginal role of speaking on behalfof all litigators.The End of Term Dinner that followedthis extraordinary meetingfeatured Founding Director John D.Arnup as both the guest speakerand the recipient of The Advocates'Society Medal.In the fall of 1987, under newPresident John R.R. Jennings, Q.C.(1987-88), the Society wasA series of Journal covers during 1984 and 1985 featured the original artwork of H.D. Graham. The cover on the left dealt withthe issue of “TV in the Courtroom.” The cover on the right was a tribute to the late Douglas K. Laidlaw, Q.C.16

approached by the Law Society toprovide assistance with the issue ofspecialization. The Society establisheda committee that compiledand submitted a list of its memberswho qualified as Specialists.The Spring Conference to Chinaspurred tremendous interest, to thepoint where it was already overbooked(120 confirmed, and a waitinglist of 20 more) as early asSeptember 1987. The trip, chaired byTerry O'Sullivan and Bert Raphael,would prove to be an unqualifiedsuccess, both as a conference and asa great adventure. The 125 membersand guests, including ten judges,discovered in Shanghai an embryoniclegal system, merely a decadeold, but with a strong desire on thepart of its participants to absorb andlearn. The visitors were given documentationon the Chinese court system,private practice, tort compensation,legal aid and codification. InHong Kong, they were briefed onthe perils of aligning the local systemof justice with that of Chinaproper.Continuing with its newly-createdpolicy of holding at least oneDirector's meeting per year outsideof Toronto, the Directors met inOttawa in the spring of 1988.A new committee was struck torespond to the Pritchard Task Force,a federal/provincial initiative thatwas to look into the scheme of compensationto victims of medical misadventure.The already-establishedAlternatives to LitigationCommittee, chaired by John Evans,Q.C., had its name changed to theAlternative Dispute ResolutionCommittee in time for a nationalconference on the topic in June 1988.By the spring of 1988, the Societywas nearing its quarter-centurymark. It seemed like the time wasright to re-examine the goals andpurposes that it had set for itself inthe mid-sixties. Under the directionof Long Range Planning CommitteeChair Roger G. Oatley, the Societyundertook the process of self-examinationby sending a questionnaireto its membership seeking inputinto possible changes in its direction.Member input resulted in anew Statement of Purpose andObjectives, which read as follows:STATEMENT OF PURPOSE:The Advocates' Society is an associationof lawyers throughout Ontariowho practise as advocates in the resolutionof disputes involving theCourts, Administrative Tribunals,Government Bodies, Arbitrationsand other forums for dispute resolution.OBJECTIVES:• to teach the skills and ethics ofadvocacy;• to speak out on behalf of advocates;• to protect the right to representationby an independent bar;• to initiate appropriate reforms tothe legal system, and• to promote fellowship amongst itsmembershipDuring this term, the ExecutiveCommittee identified a need for anhonorary solicitor to give advice oncorporate matters and to conductspecific tasks such as reviewingSociety by-laws. James G. Matthewsof Aird & Berlis was appointed tothe post, which came with an honorariumof $1,000 per year.Founding Director G. ArthurMartin, Q.C., was awarded TheAdvocates' Society Medal at the Endof Term Dinner, which featured theHonourable Justice Charles L.Dubin as guest speaker.Under the leadership of PresidentRino A. Stradiotto, Q.C., the 1988-89term was one of the busiest in theSociety's history. One item thatstood out above the day-to-dayworkings, however, was the formationand integration of the StrategicPlan, an initiative that grew out ofRoger Oatley's Long Term Planning17Committee and its survey of thegeneral membership.From the survey responses, Mr.Oatley and his Committee foundthat the membership was lookingfor several things, the foremostincluding programs, mentorship,better communication and newlydefinedcriteria for membership. Asthe Directors were anxious torespond, each of the suggested initiativeswas addressed during thisterm.Developed by the Society and theAdvocates' Society InstituteCommittee, with WeirFoulds as thesponsor, the first annual Arnup CupCompetition was held on March 11,1988 at the University of Windsor.This trial advocacy competition wascreated to teach students the art ofadvocacy by having them participatein a mock courtroom trial. Itwas named after the HonourableJohn D. Arnup, in recognition of hiscontribution to advocacy during hislong career as advocate and judge.The Arnup Cup soon would expandto include all Ontario law schools.By July 1988, The Advocates' SocietyInstitute was flourishing. It wasadministered by its principal, DeanNeil Gold, and by Ruth Windeler,the recently-hired Director. MsWindeler joined the Institute withextensive experience in designing,implementing and administeringpractical legal-training courses.Beginning in June, pilot moduleswere presented and evaluated and,by December, 119 persons hadsigned up for the program.In October 1988, a new publicationcalled The Advocates' Brief waslaunched, growing largely from thedesire to maintain a more regularand direct communication with themembership. The recent survey hadshown that the membership generallydid not know or appreciate thework of the Society or its Directors.A newsletter, planned as a monthly,four-page, blue and gray summary,

could be written, produced andmailed at a relatively low cost, butwould not involve itself in thelonger and more detailed articlesthat were the provenance of theJournal. Terrence J. O'Sullivan waschosen to head the project and heserved as co-editor, with JohnEvans, Q.C. and Heather Ford, ofthe first volume of issues. In comingyears, the “Brief” would pass intothe hands of other equally dedicatededitors, including Sandra J.Simpson, Patricia D.S. Jackson,Elizabeth M. Stewart, Lynda C.E.Tanaka, Sarah E. Pepall, Jeff G.Cowan and Robyn M. Ryan Bell.And finally, by-laws were draftedthat would have the effect of allowingyounger members into theSociety, with the conditions of membershipreduced to allow greaterflexibility to the procedure.In other notable events in this session,the prospect of a federal salestax on legal services reared its uglyhead, a first indication to prescientmembers of the soon-to-be-hatchedGoods and Services Tax; a specialissue of the Journal was publishedfor distribution at the American BarAssociation Convention held inToronto; a Board of Directors meetingwas held in Hamilton, and theSociety was active in The AttorneyGeneral's Conference on Access toJustice. The Society was representedon a committee considering theissue of paralegals, the ZuberCommittee and the PritchardCommittee were on-going and, onNovember 24, 1988, the Society'sdonated stained glass window,"English Heritage," was dedicated inConvocation Hall at Osgoode Hall.The End of Term Dinner featuredthe Honourable Justice Peter de C.Cory of The Supreme Court ofCanada, who recounted significantcases throughout history and highlightedthe role of the advocate ineach instance.As Peter G. Jarvis, Q.C. assumed thepresidency for the 1989-90 term, itbecame increasingly obvious thatThe Advocates' Society had evolvedinto a far different organization thanwas originally conceived. What wasforeseen by some members as anorganization for predominantlyToronto-based litigators -- a groupin which "every member knewevery other member" -- had growninto an expansive and dominantprofessional organization with aprovince-wide membership andwide-ranging goals and concerns.Such wide-ranging goals, optimisticobjectives and a multi-layered organizationalstructure broughtincreasing demands, responsibilitiesand especially costs. To fully fundthe many objectives of the Societyrequired ever-increasing resources.Long-delayed improvements to thesecond and third floors of CampbellHouse were expected to cost in therange of $300,000. The Society'sdetermination to fight the government'sno-fault automobile insuranceplan with an injunction applicationled to President Jarvis and theBoard of Directors approving astipend of up to $25,000. TheAdvocates Society Institute, whilefulfilling the Society's mandate tooffer educational programming,held the risk of suffering a heftyloss; despite a promising beginning,its fall programming was undersubscribed.And it was becomingincreasingly obvious that the skeletonstaff at the Society's headquarterswas being stretched to the limitand that a new staff member or twowould have to be hired to assumesome of the load.The 1989-90 term, then, could beseen as something of a watershedyear, in which the Society couldeither continue to move boldly forward(at some financial risk), orslow down and assess its situation.In a way, it did both.At a Directors' retreat held atHorseshoe Valley in September1989, Roger Oatley's Long Range18Planning Committee held discussionson these issues and came upwith the following conclusions:• Renovations at Campbell Houseshould certainly push ahead. Delayshad been on-going for a decade, andwith every year that passed, expensesmounted.• The Society needed a membershipmarketing plan, because, withoutincreased membership, objectivescould not be met. This initiative ultimatelywould result in the creationof the Intermediate Member category,aimed at the lawyer who did notyet have five years of experience.• The Society needed to strengthenits commitment to the Institute andto build on the opportunities for collegialitythat it presented.• The Society needed to be more ofa "trade association," with the mandateto consider and confront policyissues facing it. "We need to beinvolved in the legislative process.We cannot afford to be 'amateurs.'We need to protect the role of advocatesin dispute resolution," theCommittee concluded.• Society staff was overtaxed. A secretarywas needed, bookkeepingcould be contracted out, and a newcomputer was required.• A sound business plan was needed.While this planning was underway,Tony Keith and Moishe Reiter, whohad been producing the Journalsince its debut, asked to be relievedof their responsibility. Their finalissue was published in the TrinityTerm, June 1990.Undoubtedly, the highlight of thisterm was the 10-day InternationalConference in Moscow andLeningrad in May 1990. Because ofsignificant changes that were takingplace in the Soviet Union, as it thenwas, many areas of law and justicewere in a state of flux. Besides theobvious cultural attractions -- theBolshoi, Lenin's Tomb, the KirovTheatre -- delegates had the opportunityto observe trials and visit

with judges and other dignitaries.The conference was chaired byTerrence J. O'Sullivan.Despite a wide-ranging debate onthe issue of Campbell House renovations,it was decided to delay thenecessary repairs for at least anotheryear. There was reasonable concernthat not all of the Society's now1,800 members would be willing tosubmit to a special levy of approximately$300, and that other ways ofraising the required funds shouldbe considered. To this end, TheMartin Group, a company specializingin fund-raising activities, wasconsulted; but the issue of the levywas to become a particularly vexatiousone, and the first real thornthat the leadership of the newdecade would have to confront.In June, The Advocates' SocietyMedal was presented to PastPresident Charles F. McKeon, Q.C.at the End of Term Dinner.The necessary renovations toCampbell House and the matter offunding those renovations continuedto be the top priority forPresident John F. Evans, Q.C.,(1990-91). At the Board of Directorsmeeting in November 1990, it wasdecided to push ahead with the renovationsin the new year, despitethe fact that costs had risen to anestimated $355,000. On the adviceof The Martin Group, annual feeswere increased by $50 per year andToronto-based members wereassessed a levy of $300 per person,which could be paid in three annualinstalments. Out-of-Torontomembers were assessed $75.The retirement of long-timeExecutive Director Helen Halchukled to a search in which five candidateswere selected for interview.Duncan Read assumed the positionin October 1990. He was a lawyerwho had most recently served asDirector of Legal and GovernmentAffairs for the Federation ofAutomobile Dealers Association.The election of the new BobRae/NDP government in Ontarioforced the Board to consider ways inwhich to develop a "bridge" to thegovernment, especially in an effortto redress some of the difficultiesarising from the controversial nofaultinsurance and court restructuringactivity advanced by the previousgovernment. It was understoodthat the new government wasunhappy with the no-fault plan as ithad been devised to that point, andthat it might be inclined to alter thelegislation. It was felt that it was inthe Society's best interest, especiallyin light of its long-standing oppositionto the plan, to open up lines ofcommunication with the governmentas quickly as possible.One of the key recommendations ofthe Long Range PlanningCommittee was to broaden thescope of the Society's membership.As a result, four new membershipcategories were introduced:Government, Quasi-judicial,Associate and Retired.February 1991, the Hilary Term, sawthe return of The Advocates' SocietyJournal, under new Editor DavidStockwood, Q.C. and ManagingEditor Stuart Forbes, Q.C. They continuedthe tradition of Journal editors,devoting untold hours toensure the quality and timeliness ofa publication that has combinedadvocacy, procedural and substantivematters and historical featuresover the years.The End of Term Dinner featuredthe Honourable Chief Justice FrankCallaghan as guest speaker.It was during the administration ofPresident Terrence J. O'Sullivan(1991-92) that the issue of renovatingCampbell House was finallyresolved. Early in the term, a contractorwas engaged and, onOctober 21, Campbell House reopenedas a museum. On January30, 1992, a well-attended receptionwas held on site to mark the success-19ful completion of the project.If there was a wrinkle in the renovationproject, it was the fact that themajority of Society members wereslow in their delivery of the levythat had been assessed in the previousterm; and so, in an effort to raisea portion of the necessary funds, aunique venture was undertaken.The Advocates' Society worked inconjunction with The CanadianStage Company on the productionof a play called “Twelve Angry Menand Women,” with prominent litigatorstaking on-stage roles. Netrevenues were split, resulting insome $22,000 for the Society.In other notable events from thisterm, the Society, in conjunctionwith the Law Society, weighed in onthe proposed closing of land/registryoffices in select districts of theprovince. Yet again there had beenno prior consultation by the government,and the Society felt that "somedecisions were quite unsound ontheir face." The Society also wasdetermined to have its voice heardon the proposed Environmental Billof Rights, and a consultation groupwas struck in this regard.The on-going question of the natureand purpose of the Society aroseagain, this time in regard to its generalistnature. President O'Sullivanreported that during the previousterm, an attempt had been made tofoster a closer relationship betweenthe members of the family law barand The Advocates' Society. Thisraised the question of what theSociety could and should be offeringto various members and potentialmembers. Subsequently, duringthe 1991-92 term, overtures weremade in this regard to the CrownAttorney's Association and theCriminal Lawyers' Association,although it was felt that, in the lattercase, criminal lawyers would bemore loyal to their own association.In the Society's on-going relationshipwith the no-fault insurance

question, noted American consumeradvocate Ralph Nader was bookedfor a presentation and a videotapeof his appearance was sent to allmembers of the NDP caucus,amongst others.The Spring Convention chaired byBert Raphael was held in Rome andVenice. At the CanadianEmbassy to the Vatican,members were greeted bythe Ambassador, who waspresent throughout the lecturesand discussions.Although the 1992-93 termwas as full as ever, there weretwo issues that still managedto dominate proceedingsduring the administration ofPresident Eleanore A. Cronk.The first issue was The Advocates'Society Institute. Although it certainlyhad found its legs, its financesstill were not on solid footing.Following the resignation of RuthWindeler early in the term, the ASIhired Nancy E. Reason as its newDirector. Ms Reason came to theSociety with a background in bothlaw and education, and she wouldmore than fulfil her challenge tosteer the Institute to sound financialground. It was at this time that theInstitute adopted the teachingmethodology created by theNational Institute for TrialAdvocacy of Notre Dame LawSchool (NITA), a learning-by-doingtechnique, and Ms Reason wasinstrumental in the success of thistransition. The Institute wasrenamed the Ontario Centre forAdvocacy Training, to better reflecta renewed commitment to delivercomprehensive advocacy trainingthroughout the province.The second issue was the levy forCampbell House, which had turnedinto much more of an exercise thanthe Society's Directors could everhave imagined. Of the 1,700 members,approximately two-thirds hadcontributed by September 1992, butRoger G. Oatley assumed the presidencyfor the 1993-94 term. Duringhis administration, $17,000 was allocatedto furnish the Society's administrativearea in the third-flooroffices at Campbell House, and along-overdue redecoration of thedining room was begun. OCAT wasstill experiencing minor cash flowproblems, but the addition to its calendarof advocacy training for crimfully483 had not. This represented ashortfall of about $150,000, moneythat already had been spent on renovationsand that, therefore, had tobe taken from the Society's surplusfunds. The situation brightened,however, and by November 1993, allbut 18 members had paid the firstinstalment of their levy.The Spring Convention chaired by BertRaphael was held in Rome and Venice. Atthe Canadian Embassy to the Vatican,members were greeted by the Ambassador,who was present throughout the lecturesand discussions.Early in 1993, the Society struck anIntervention Committee to considerand recommend interventionswhere requests were made. Societymembers unfailingly responded torequests to act as counsel, pro bono,when the Board of Directors acceptedan intervention recommendation.Although the Society wouldseek to intervene in very few proceedings,its involvement wouldinvariably be welcomed by theBench. In Essa v. Guergis (1993), theHonourable Justice Joseph O'Briendescribed the Society's interventionas "…most helpful…The intervention…wasmost useful to the Courtand is an excellent example of thebenefits from intervention in propercases."One of the highlights of this termrevolved around a meeting with theHonourable Chief Justice Charles L.Dubin, during which he revealedthat he was becoming increasinglyconcerned with a perceived loss ofstatus and prestige of the judiciaryand the judicial system, and that hefeared that self-governance mightbe in jeopardy unless respect for thesystem was restored. PresidentCronk acted on the Chief Justice'sfears in two ways. Firstly, she hadhis remarks summarized and dis-20tributed to the Society's membership.Secondly, the Society sponsoreda meeting in Sudbury thatwould have the dual purpose of notonly giving the Chief Justice a platformfor his concerns, but also incidentallyhelping to raise theSociety's profile in the area.The Society continued itsefforts with the ongoinginsurance question, the proposedEnvironmental Bill ofRights, the review of theOntario judicial system, andthe issue of the review andpotential restructuring of theprovince's Legal Aid program.The Society also beganto watch carefully the ColeCommission on SystemicRacism in the Ontario justicesystem.From April 29 to May 1, 1993, theSociety once again took to theboards in another fund raising collaborationwith The Canadian StageCompany, titled "The Caine MutinyCourt-martial." Box office receiptsfor the Society totalled some$40,000. In a pair of notable firsts, areception was held in London inMay to familiarize female advocateswith the mandate and objectives ofthe Society, and to invite applicationsfor membership. And theSociety ended the term with not onebut two End of Term Dinners: one inOttawa, with the Honourable JusticeJohn Major of The Supreme Court ofCanada as guest speaker, and one inToronto, with the HonourableMarion Boyd, Attorney General forOntario, as guest speaker.

inal lawyers held the promise ofincreased success, which was realizedby term's end.At the Board's strategic planningsession, the Civil Litigation TaskForce, co-chaired by Arthur M.Gans, Jeffrey S. Leon and Paul F.Morrison, was created in conjunctionwith the Civil Justice Review.The Civil Justice Review had beenformed by the Ontario governmentwith a view towards analyzing thecurrent state of civil justice and recommendingreforms. It was determinedthat the civil litigationprocess in Ontario was approaching,or at, a state of crisis, given thelength of time required for a litigantto obtain access to dispute resolutionby way of a trial. Of particularconcern was the delay involved inmoving civil cases to trial and theincreasing cost of civil litigation as aresult. The Task Force drafted termsof reference for collecting informationas to where problems of delayexisted, for obtaining input and formaking recommendations.A return to Israel was planned forthe 1994 International Trip, with theadded attraction of Egypt. Despitean early rush of registrants, Mr.Oatley was faced increasingly withquestions about safety. Violence hadbeen flaring up throughout the year,especially centered on the volatiletown of Hebron. Soon, the visit toEgypt was dropped and, by earlyspring, the entire trip was cancelled.As it turned out, the Society wouldnot hold another International Tripuntil 2004.In response to the provincial government'spilot project to eliminatecourt reporters and to replace themwith audio taping devices, theSociety submitted notice of its concernabout the quality of transcripts.And the on-going furor over Bill 164(no-fault automobile insurance)allowed the Society to continue tooffer its highly successful PracticalStrategies for Advocates series,chaired by Roger Oatley. TheNovember 1993 program resulted inprofits of over $80,000 and led to aseries of workshops in Hamilton,Sudbury, and Thunder Bay.Alexandra M. Chyczij became theSociety's new Executive Director inNovember 1993, following thedeparture of Duncan Reid. Herappointment followed ten years inprivate practice and she broughtwith her an intimate knowledge ofthe issues affecting the advocacybar. She began the task of reorganizingthe staffing model and infrastructureof the Society to meet thegrowing needs of the membershipin the areas of education, governmentrelations, publications andspecial events. The Society was notwithout its financial challenges atthis time; the Sir William CampbellThe Advocates’ Society Medal, designedand executed by the Canadian sculptorKenneth Jarvis.Foundation had accumulated alarge operating deficit that had to beaddressed and brought under control,the lion's share of the renovationlevy was still outstanding, andthe membership base of the Societyhad to be rebuilt, having dwindledto 1,200, due in large part to theunpopularity of the levy.Ms Chyczij was assisted by AnnaVan Spronsen, who determinedlybrought the Society's technologyresources into the 21st century and21laid the foundation for work thathas since been carried on diligentlyby Carolyn Cook. Sonia Holiad alsojoined the Society at this time, bringingthe management of specialevents and education programs inhouse,and establishing a regularproduction schedule for "TheAdvocates' Brief." Although shewould leave her staff position afterone year, she would continue herwork with the "Brief" on a freelancebasis for many years.On March 4, 1994, the Society celebratedits 30th Anniversary at TheFour Seasons Yorkville, with theHonourable Allan M. Rock, Ministerof Justice and Attorney General ofCanada, as guest speaker. Theevening featured a video history ofthe Society, narrated by a selectionof Past Presidents. In June, the Endof Term Dinner featured theHonourable Charles L. Dubin, ChiefJustice of Ontario, as guest speaker.There were two striking and immediatechallenges facing newPresident Mary Anne Sanderson inthe 1994-95 term. At the inauguralBoard meeting held in July 1994,Timothy P.D. Bates, the new chair ofthe Sir William CampbellFoundation, reported that theFoundation was facing a financialcrisis. Several years of operatingdeficits had resulted in the completedepletion of its resources andindebtedness to the Society of over$80,000. It was decided that strictmeasures would be brought intoplay and an aggressive fund raisingcampaign would be mounted.Discussions began on ways to capthe indebtedness to the Society andto schedule repayment of the debt.The Society hosted a Wine & Cheesewith the Bench in September, to giveits Intermediate members theopportunity to meet informally withmembers of the bench. This eventwould become a long-standing traditionof the Society.Nancy Reason resigned as Director

of OCAT in December, and wasreplaced by Paddy Griffin, a lawyerand an educator from Vancouver.Later in 1995, Joyce Harris, aDirector of both the Society andOCAT, assumed the duties of Chairof OCAT.On the Society's behalf, Frank K.Gomberg presented a response tothe Ontario Law Commission's proposalto abolish the civil jury, inwhich it was noted that fully 70% ofthe Society's membership was infavour of retention of the civil jurysystem.The Program Committee continuedwith its successful offerings, includingthe Bill 164 workshop PracticalStrategies for Advocates, Tools ofthe Trade, accident benefit workshopsand the Court HouseAdvocacy Series in Ottawa.Networking luncheons for womenwere introduced and would continuefor the next decade, later to beknown as the Women's LuncheonSeries.Past President John P. Nelligan,Q.C., LSM was the recipient of TheAdvocates' Society Medal at a dinnerin Ottawa in May and, in June,the End of Term Dinner featuredguest speaker Edward L.Greenspan, Q.C.One of the major developments inthe area of legal training in thenineties was Continuing LegalEducation. By the middle of thedecade, The Advocates' Society hadbecome one of the major providersof programs designed to fulfill theCLE mandate.In the 1995-96 term, under the presidencyof C. Clifford Lax, Q.C., theSociety presented a successful ADRworkshop titled “How To Win WinIn A Win World,” it ran both introductoryand advanced versions ofthe exclusive Harvard MediationWorkshop, and it presented anotherin its series of Practical Strategies forAdvocates programs. The popularOttawa Court House AdvocacySeries created by Bruce Carr-Harriswas expanded to Barrie, Brampton,Hamilton, London, Ottawa,Thunder Bay, Toronto and Windsor.Between these and the on-goingprograms held under the OCATbanner, the Society's mandate ofeducating the profession was in fullgear. Over the years, this momentum,together with diverse offeringsin civil litigation, criminal law,advocacy before administrative tribunals,advanced advocacy andADR, would make The Advocates'Society the premier provider ofadvocacy skills training in Ontario.The Society also was becomingincreasingly involved in pre-trialprocedures. In an attempt to cutdown on the massive backlog ofcases awaiting the courts’ attention,Society members were asked,through the province's BacklogElimination Project, to conduct pretrialsto prepare cases for trial.It was during this term that theSociety sponsored its first-ever golftournament at Devil's Pulpit,chaired by Paul Iacono, Q.C. andPeter Kennedy. 75 members attended,but there is no record of whetherany of them golfed while sportingthe newly-created Advocate'sSociety necktie. The tournamentwould become an annual event,with Norman J. Freedman, Q.C.assuming the chair from 1997 on.The changing face of technologywas playing a role in the day-to-dayworkings of the Society. In October,Cliff Lax reported on the progressof a provincial committee that wasworking on a project involving theelectronic distribution of the trialmotions list in Toronto and eventuallyall of Ontario. Closer to home,the Society debuted its web site,which would enable members toaccess the Society's submissions online,as well as information and registrationforms for CLE programsand special events, the Society'smarketplace, membership informa-22tion and more.Revealing his flair for marketing,President Lax introduced theSociety, and the legal profession, toThe Advocates' Society SuperCart, ahigh-quality, light-weight luggagecart that was guaranteed to withstandthe cobblestones of OsgoodeHall. The SuperCart would prove tobe a best-seller for the next decade.The October 1995 issue of the Journalsaw the departure of Stuart Forbesas Managing Editor. Paul H. Le Vaystepped into the role, forming a newpartnership with Editor DavidStockwood that would continue forthe coming decade.In a departure from the norm, it wasdecided to move the FallConvention out of Ontario and allthe way to Nassau, Bahamas inNovember 1995. Titled "Ethics &Advocacy in a World Gone Mad," itwas chaired by Frank K. Gombergand James A. Hodgson.In December 1995, the Civil JusticeTask Force submitted its report. TheTask Force had obtained input fromthe judiciary, created sub-committeesin the regions, and circulated aquestionnaire to the Society's membership,all of which confirmed thata civil litigation backlog was a significantproblem. The Societyretained Professor Carl Barr ofBrock University to prepare a preliminaryreport, and steps to clearup the backlog were recommended,specific to each region of theprovince.The End of Term Dinner in June featuredthe Honourable JusticeRosalie Abella as guest speaker.When Margaret A. Ross, LSMassumed the presidency for the1996-97 term, she found herself in aposition that many of her predecessorswould have envied; the Societywas on sound financial footing, withan operating surplus of approximately$125,000 generated in the

previous fiscal year.It promised to be a full term. On theissue of Appellate Court Reform, theSociety had recommended the additionof three anticipatory andthree regular appointments tothe Court of Appeal, and successfullycanvassed theDeputy Attorney General onthe issue at a dinner held afterthe September Board meeting.On behalf of the CivilLitigation Task Force, JeffLeon reported that, in the EastRegion, the backlog of caseshad all but been eliminated, and theregion would be moving imminentlytowards full case management. InToronto, a small backlog stillremained, but a case managementprocedure was already in place. TheImplementation Committee focusedon dealing with long trials, introducingprocedures to prevent the recurrenceof a backlog, making pre-trialsmore effective, making more effectiveuse of trial time, pressing formore judicial appointments, andensuring a fair allocation ofresources for the civil system.New terms of reference created aLong Civil Trials Task Force, alsochaired by Jeff Leon. The membershipwas surveyed on a wide varietyof issues related to long civil trials,case and trial management, theeffective use of trial time andoptions for reform.The Ontario Centre for AdvocacyTraining was finally on sound financialfooting, having built an operatingsurplus of nearly $25,000 in theprevious fiscal year. ChristopherBurke, formerly a Deputy Registrarwith the Federal Court, was hired asDirector of OCAT to replace PaddyGriffin, who resigned early in 1996.An increasing lack of security in thecourts, due to budget cuts imposedby the provincial government, led tothe concern that the situation even-tually could prevent trials from proceeding.The Society sent a letter toToronto Chief of Police DavidBoothby requesting action on thematter.On behalf of the Civil Litigation TaskForce, Jeff Leon reported that, in the EastRegion, the backlog of cases had all butbeen eliminated, and that the region wouldbe moving imminently towards full casemanagement.One of the most contentious issuesto be dealt with during this term wasthe on-going movement in Ontariotowards mandatory, user-paidAlternative Dispute Resolution. Thismandatory ADR would not be courtannexedand, obviously, its implementationwould have a seriousimpact on litigators province-wide.The Society, through its ADRCommittee, opposed the AttorneyGeneral's initiative.The 1996-97 term featured a numberof other notable events. On October10, Past President Earl Cherniak,Q.C. became the latest member to beawarded The Advocate's SocietyMedal. The Fall Convention, onIssues for the Millennium, chairedby Frank Gomberg and JimHodgson, marked a return toNassau, Bahamas. Noted Canadiantenor John McDermott performed ata fund raising event for the benefitof the Sir William CampbellFoundation and, early in October,the Society presented the sixth editionof its successful PracticalStrategies for Advocates series at theRoyal York Hotel.In 1996, The Honourable Charles L.Dubin Lecture on Advocacy Fundwas established. Created to honourMr. Dubin on the occasion of hisretirement as Chief Justice ofOntario, the fund would endow alecture to be given biennially in23Toronto by an internationallyrenownedspeaker in the field ofadvocacy.To recognize the continued successof the annual PracticalStrategies programs over theyears, creator and long-timechair Roger Oatley was presentedwith a token of theSociety's appreciation. Aswell, a bursary was created inhis name, to fund the attendanceat future sessions of adeserving young advocatewho otherwise could nothave attended.In honour of the Society's firstPresident, J.J. Robinette, Q.C., a ceremonywas held to dedicate the diningroom in Campbell House to hismemory. Hereon, the facility wouldbe known as The Robinette DiningRoom.The End of Term Dinner in June1997 featured the HonourableJustice Louise Arbour, who spokeabout her experiences as prosecutorfor the United Nations InternationalCriminal Tribunals for the formerYugoslavia and Rwanda. Duringthis evening, the Society made thefirst presentation of its Award ofJustice, which was created to honourthose advocates who exemplifythe finest traditions of advocacy inrepresenting members of societywhose cause my be politically orsocially unpopular or against themainstream. The recipient was RajAnand.Harriet Sachs became the Society's31st President for the 1997-98 termand during her administration, anumber of important initiativeswere undertaken.The Society entered into a contractwith QL Systems that would permitthe company to run a database forthe Society in exchange for paymentof royalties. The database wouldinclude the Society's Journal, "Brief"and "Threshold Reporter," and

material from its educational programsand conferences. QL alsowould host the Society's web site,resulting in a considerable savingsto the Society. And, ever at the serviceof its members, "The Advocates'Brief" began a series of "Technotalk"articles, including "Hey, What'sUp with That Internet?" by CharlesF. Scott, and "Explaining E-mail" byDomenic Crolla.Bruce Carr-Harris, Frank Gomberg,Jim Hodgson and Carolyn Horkinschaired the 1997 Fall Convention inNassau, Bahamas. In the spring of1998, Mr. Carr-Harris, Chair of theProgram Committee, presented aproposal for the Society to host aNegotiation Workshop. The threedayprogram would be taught bymany of the individuals who ranthis program at The Harvard LawSchool. This initiative was consistentwith the Society's continuingrole in "teaching and fostering…theskills and ethics of advocacy."In 1998, in an attempt to define itsniche in the changing CLE landscape,the Program Committee recommendedthat skills training continueto be the centrepiece of theSociety's programming; that therebe greater coordination betweenSociety and OCAT programming;that Society staff and otherresources be deployed in the mostrational manner in order to accommodatethese objectives; that allmarketing of the Society and its programsbe done consistently with theabove-noted objectives, and that theSociety continue to monitor thechanging CLE landscape.The Society was, as usual, deeplyinvolved in many areas of legalreform during this term. It was oneof a number of legal associationsmeeting with the Attorney General'soffice in regard to proposed changesto the system of solicitor-clientassessments. It submitted its recommendationson administrativeagency reform and civil jury reform,and continued its involvement indiscussions on the role of paralegalsin the justice system. The Societyalso was an interested observer inthe proposed merger of theCanadian Bar Association - Ontario,the County and District LawPresidents Association, and theMetropolitan Toronto LawyersAssociation, as it opposed anymonopoly that might result over theprovision of Continuing LegalEducation programs.Under Ms Sachs' stewardship, theSociety made a $5,000 donation tothe Law Society of Upper Canadatowards a sculpture garden thatwould commemorate the LawSociety's 200th Anniversary. It wasactive in the collection of textbooksfor a legal library in Rwanda, and itsupported a fine wine auction runby the Sir William CampbellFoundation in June. And, finally,the Pro Bono Discipline Committeewas put into place as part of a pilotproject in which members of theSociety would serve as volunteerduty counsel of unrepresentedlawyers appearing before theDiscipline Committee.The End of Term Dinner featuredthe Honourable Justice W. IanBinnie of The Supreme Court ofCanada as guest speaker.Activities that busied the Societyduring the 1998-99 term of PresidentMichael F. Head included a submissionto the Honourable RobertSampson on the occasion of thebiennial review of Bill 57 TheAutomobile Insurance Rate StabilityAct; the presentation of an educationalprogram, in conjunction withthe Law Society and CBA-O, onMandatory Mediation; the monitoringof the passage of Bill 53 The LawSociety Amendment Act, which,among other things, empowered aninvestigator to enter a member'soffice and examine any documentsrelating to the matter under consideration,including client files; theon-going issue of solicitor-clientassessments and case management24The Advocates’ Society Award ofJustice, designed and executed by theCanadian designer and jeweler IvaanKotulsky.resources, and amendments to theSociety's by-laws concerning membership,including the creation ofthe category of Counsel member.The Long Civil Trials Task ForceReport issued in August 1998 provideda basis for further analysis,dialogue and discussion amongcounsel and the judiciary with aview towards attempting to achievethe appropriate balance that wouldmake for the most effective and efficienttrial process possible as part ofthe civil justice system.On September 28, some 300 peopleattended the premiere of TheHonourable Charles L. DubinLecture on Advocacy series. EdwardL. Greenspan, Q.C. delivered aninsightful, incisive and wellreceivedaddress. A reception andformal dinner followed at

Convocation Hall. In November,Bruce Carr-Harris, Carolyn Horkinsand Jeff Leon chaired the 1998 FallConvention in Palm Beach, Florida.The End of Term Dinner in June1999 featured the HonourableJustice Maurice Cullity, who entertainedguests with his keynoteaddress, Confessions of a Rookie.The Award of Justice was presentedto Jeffrey H. Wilson.It was during the administration ofPresident James A. Hodgson (1999-2000) that the Society began, yetagain, the process of self-examinationand reorganization necessitatedby changing times and circumstances.For this important process,a management consultant wasretained to advise on the reorganizationof both the Society andOCAT.It was recommended that theSociety adopt a new organizationalstructure that would provide for thehiring of two new staff, including aDirector of Education who wouldassume responsibility for the deliveryof all educational offerings forboth the Society and OCAT. It wasfurther recommended that skillstraining be formally incorporatedinto the Society's mandate byentrenching a standing committeeon education in the by-laws of theSociety. This committee wouldinclude members of the OCATboard and would merge its functionwith the Society's ProgramCommittee.The consultant recommended thatthe Society develop an operatingagreement with the Sir WilliamCampbell Foundation, and that itacquire for itself adequate officespace with room for committeemeetings.Finally, it was recommended thatthe Society develop an externallyfacilitatedstrategic plan to see itthrough the next three-to-five-yearperiod.Over the summer of 1999, theExecutive Committee worked toprepare such a strategic plan, andthe Board of Directors meeting ofOctober 1999 was devoted almostentirely to its review and to proposedchanges to the mission statement.The plan was approved inNovember and Executive DirectorAlexandra Chyczij was given theformidable task of developing animplementation schedule. This planwould now dictate the new directionof the Society well into thebeginning of the new century.MISSION STATEMENT:The Advocates' Society is the professionalorganization for advocatesin Ontario. As such, our mission is:• to be the voice of advocates inOntario;• to promote ethical and professionalpractice standards for advocates;• to expand our leadership role inteaching the skills of advocacy;• to protect the independence of thebar and the judiciary, and• to foster collegiality among members.In September 1999, the InterventionCommittee, led by Past PresidentTerry O'Sullivan, reported that arequest for intervention in a socalled"O'Connor Application" hadbeen received in the case of R. v.Stewart. This was the third suchintervention request and, because ofthe importance of the issue, it wasfelt that the Executive Committeeshould develop a broad policy position.Mr. O'Sullivan noted that eachcase involved attempts by criminaldefense counsel, where there wereon-going simultaneous civil actions,to access civil counsel's files. Inthese applications, it was argued,the solicitor-client privilege neededto be balanced with the right of theaccused in a criminal proceeding tomake full answer and defense.Eventually, the Society took theposition that the solicitor-clientprivilege is absolute, subject only toexisting well-established exceptions.25The Advocates' Society Medal waspresented twice in 1999. In June,David W. Scott, Q.C., was the recipientat a dinner at the ChateauLaurier Hotel in Ottawa. InSeptember, Kenneth E. Howie, Q.C.,was the recipient at a dinner atOsgoode Hall in Toronto.On the educational front, it was Viva"Laws" Vegas as the Society headedto Nevada for its 1999 FallConvention, chaired by CarolynHorkins, Jeff Leon and BenjaminZarnett. Jeff Leon also became theChair of OCAT and, later that year,Michael Cormier, a lawyer and aneducator, was hired as Director ofEducation, replacing Chris Burke,who had departed some monthsearlier.The End of Term Dinner in June featuredthe Right HonourableBeverley McLachlin, P.C., ChiefJustice of Canada, as guest speaker.The Advocates' Society Award ofJustice was presented to Barbara L.Jackman.For a number of years, there hadbeen growing concern on the part ofsome members of the judiciary thatcivility amongst the bench and thebar was on the decline, and theSociety determined to meet thisissue head on. At the Board ofDirectors meeting of August 2000,new President Ronald G. Slaght,Q.C. (2000-01) advised that theSociety would be hosting a policyforum in late October under theworking title of “Civility andProfessionalism in the Courts.” Theforum attracted widespread attentionfrom The Globe and Mail, TheToronto Star and CBC, and it resultedin a gathering of litigation departmentheads the following Decemberto discuss the recommendationsmade. The forum also was the impetusfor the Society's “Principles ofCivility” document, producedunder the direction of Past PresidentBruce Carr-Harris.It was also during the Slaght admin-

istration that the Society streamlinedits committee structure withthe objective of transferring moreresponsibility into the hands of itsBoard members. At the Directorsmeeting of December 2000, the By-Laws & Governance Committee,chaired by Paul French, hastened itsown demise by recommending thatthe Society's many committees bestreamlined to just six:• the Executive Committee;• the Nominations Committee;• the Education Committee, whichwould work on new educationalprograms and the reorganization ofthe skills curriculum into certificateprograms;• the Operations,Governance and FinanceCommittee, whose immediateresponsibilities wouldinclude the on-going reviewof the Society and the SirWilliam CampbellFoundation by-laws, issuesat Campbell House, and thepossibility of leasing newoffice space for the Society;• the Advocacy & PracticeCommittee, whose immediatetasks would include thedevelopment of a positionpaper on court security,responding to the McIntyredecision on contingencyfees, drafting comments onthe new draft Limitations Act,preparing a position paperon the proposal for a newWorkplace Tribunal, andpreparing a position on theproposal to reform the Ruleon Summary Judgment, and• the Collegiality, Mentoring &Membership Committee, whichwould focus on mentoring over thecoming year.Sir Sidney Kentridge, K.C.M.G.,Q.C. presented the biennial DubinLecture at Convocation Hall inOctober, and in November, theSociety travelled to South Beach,Miami, for its Fall Convention and ataste of Living “Law” Vida Loca,It had long been evident to Societystaff that the administrative spacein Campbell House was inadequate.For the past year, some staff memchairedby Jeff Leon, FrancineSherkin and Ben Zarnett.In May 2001, the Society's SpringConvention was re-introduced asthe Spring Symposium, featuring afaculty of expert litigators and experiencedmembers of the judiciary.At the End of Term Dinner in June,the Honourable Justice Warren K.Winkler set a new standard forhumour with his keynote address.At the inaugural meeting of the2001-02 term, newly-installedPresident J. Bruce Carr-Harris madeclear his commitment to the issue ofmentorship within the profession.He noted thatthe lack of mentorshiphad beenidentified as afactor contributingto the rise of incivility inthe profession, and he announcedhis intention to produce a "bestpractices" manual for distribution tomembers before year's end. AMentoring Task Force was struckunder the direction of theCollegiality, Mentoring andMembership Committee and, at theEnd of Term Dinner in June 2002,"The Advocate's Guide to GoodMentoring" was distributed.26In 2001, Nancy Reason returned asthe Society's Director of Education,replacing Michael Cormier. Laterthat year, the Society introduced itsnew Civil Litigation SkillsCertificate Program in London,Ottawa and Toronto, consisting ofsix workshops on the essential skillsfor civil litigation. Certificate programsin other practice areas wouldfollow.In September 2001, the Society hostedan evening at Convocation Hallin tribute to the Honourable Ian G.Scott, considered one of the profession'sgreat mentors, and to shareideas on how to maintain the traditionof mentorship. In November,members travelled to Montego Bay,Jamaica, for the Fall Conventionchaired by George Kilpatrick,Francine Sherkin and Ben Zarnett.Sonia Holiad returnedto the Society in April2002 as its first Directorof Marketing andCommunications. Herfirst project was a completerecreation of theSociety's web site, followedby a re-energizingof the Society's communicationsand advertising,with an eye to increasingimpact and reducingcosts.Bruce Carr-Harris called onmembers to provide probono services to childrenthrough the Child AdvocacyProject, a collaborative effortof Justice for Children andYouth and The Advocates' Society,initiated by Pro Bono Law Ontario.Society Directors Michael E. Barrackand J. Gregory Richards, as well asmember Bryan Finlay, Q.C., woulddistinguish themselves throughtheir volunteer efforts.

ers had been working in the secondfloor library, but this hadimpacted not only on the operationsof the Society, but also on theworkings of the Sir WilliamCampbell Foundation and housestaff. It was becoming increasinglyobvious that, at the current level ofoperations, both organizationscould not be fully accommodated atCampbell House.The Society considered a number ofoptions, including taking over morespace within Campbell House, leasingoff-site, purchasing additionalspace, or building an addition toCampbell House. There was reluctanceon the part of some directorsto have staff leave Campbell House,and it was understood that theresolution of this issue wouldhave a significant financialimpact on both the Society andthe Foundation. Should theSociety lease space off-site,thereby decreasing its financialsupport to the Sir WilliamCampbell Foundation, themuseum itself might no longerbe viable.The 2001-02 term wrapped upwith the largest End of TermDinner to date. Some 800members attended, as didguest speaker Henry G. Miller,a distinguished trial attorneyand author from New York.When Philippa G. Samworthassumed the Presidency in 2002-03,her stated goals were to focus onconsolidation of past efforts in civilityand mentoring, to review theoriginal reasons for the establishmentof the Society and its use ofCampbell House, and to continuethe implementation of the Society'sstrategic plan. But the predominantoutstanding issue was still the verypractical problem of finding ausable space for the harried administrativestaff. As it turned out,unfolding events would necessitatea quick and satisfactory resolutionto the issue.The expansion of the Law Society'sCLE programming led to greatercompetition in the marketplace andit was not long before all CLEproviders realized that some specializeddelivery by certain organizations,including The Advocates'Society, would result in a morefocusedselection of programs forthe profession. In the spring of2003, the Law Society and TheAdvocates' Society entered into aMemorandum of Understandingthat designated The Advocates'Society as the sole provider of advocacyskills training programs for theprovince. Fulfilment of this rolewould require the hiring of additionalstaff and the movement of theSociety to larger premises.Major Sponsorsof The Advocates’ SocietyADR ChambersFIA Inc.LexisNexis CanadaThe McKellar GroupPricewaterhouseCoopers LLPQL Systems LimitedAt the Directors meeting of August2002, Operations, Governance &Finance Chair George Kilpatrickidentified a variety of issues thatneeded immediate attention, includingstaff working conditions inCampbell House, governance of theSir William Campbell Foundation,the need for an operating agreementbetween the Society and theFoundation, and the long-termfinancial viability of CampbellHouse.The subsequent reorganization ofCampbell House was largely accomplishedthrough the tireless effortsof Paul French, Vice-chair of27Operations, Governance andFinance. By the end of the calendaryear, he was able to report that thereorganization process was wellunder way, and that a new committeestructure for the Foundationhad already been approved, includingtwo joint committees with theSociety for fund raising and developmentof the operating agreement.In another notable first for theSociety, the 2002 Spring Symposiumwas held in partnership with theAmerican College of Trial Lawyers,marking the first time ever that theprestigious American associationhad partnered in a ContinuingLegal Education program.Mentorship received anotherboost in October when theCounty of Carleton LawAssociation and the Societydebuted their MezzalunaMentoring Dinner Series inOttawa. Toronto would followsoon after with its ownMentoring Dinner Series atCampbell House, in conjunctionwith the TorontoLawyers Association, and aLondon Mentoring Dinnerwould draw a capacity crowdthe following May.In October, members weretreated to an evening of wisewords and laughter as theHonourable Justice W. Ian Binnie ofThe Supreme Court of Canadadelivered the third Dubin Lectureon Advocacy, focusing on theimportance of oral advocacy and ofputting forward the right question.November saw the Society returningto Jamaica for the FallConvention focusing on Charterrights, chaired by GeorgeKilpatrick, Francine Sherkin andBen Zarnett, with educational programmingchaired by WendyMatheson and Linda Rothstein.And in May 2003, The Advocates'Society Medal was presented to C.Scott Ritchie, Q.C., at a black-tiedinner in London.

During this term, the Societyannounced the creation of TheAdvocates' Society Arleen GossYoung Advocates' Award in memoryof Arleen Goss, a member whopassed away on December 10, 2002at the age of 40. The Award wouldbe presented to a young advocate inrecognition of innovative and passionateadvocacy, contribution tosocial justice, and commitment tothe community.In 2003, the Society assumedadministration of The Sopinka Cup,an annual two-day trial advocacycompetition. Created to honour thelate Supreme Court Justice John J.Sopinka, it is sponsored by theAmerican College of Trial Lawyers,with senior representatives of bothorganizations participating asassessors. The Ottawa-CarletonCourt House serves as the venue forthe competition among teams fromeight law schools across Canada.With the critical issue of staff workspacestill unresolved, GeorgeKilpatrick notified the Directors ofthe availability of office space at 438University Avenue. This locationhad the advantage of easy access toCampbell House and the Directorsapproved its lease, to take effect inJune 2003. With this move came thedetermination to maintain a strongpresence at Campbell House, whichstill would be used for meetingsand special events, although itsrevitalization would be an issue forthe in-coming administration.projects were planned and theSociety's logo was modified to notethe celebrations.Upon assuming the presidency, Mr.Leon announced the formation of aTask Force on Advocacy to considerways in which to promote opportunitiesfor lawyers, especially juniorlawyers, to appear before courtsand other tribunals. He cited awidely-shared concern that the professionwas creating a generation of"litigation solicitors" -- litigatorswho rarely if ever have the opportunityto appear in court and, therefore,do not develop even basicadvocacy skills.The international Association forContinuing Legal Education presentedan award for OutstandingAchievement in the Best Programcategory to The Advocates' Societyand Osgoode Hall Law School forWritten Advocacy, an annual twodayintensive workshop program.In September, The Advocates'Society Medal was presented to theHonourable Justice Eleanore A.Cronk, the Society's first femalepresident, at a gala dinner inToronto. A series of New Members'Breakfasts were initiated by Mr.Leon, as a way of introducingCampbell House, Society activitiesThe End of Term Dinner in June2003 featured the HonourableJustice Frank Iacobucci of TheSupreme Court of Canada as guestspeaker. M. David Lepofsky waspresented with the Society's Awardof Justice.Celebration of the Society's 40thAnniversary would take place duringthe presidency of Jeffrey S. Leonin the 2003-04 term. In addition tothe regular schedule of events, anumber of special AnniversaryThe 40th Anniversary photo of Presidents of The Advocates’ Society, taken at theannual Past Presidents’ Dinner at Campbell House in December 2003. Left to right,first row: James A. Hodgson, Roger G. Oatley, The Honourable Justice Mary AnneSanderson, Jeffrey S. Leon, The Honourable Justice Harriet Sachs, The HonourableRobert F. Reid, Q.C. Second row: The Honourable Robert S. Montgomery, Q.C.,Rino A. Stradiotto, Q.C., LSM, The Honourable Justice Eleanore A. Cronk, RonaldG. Slaght, Q.C., John F. Evans, Q.C., Bert Raphael, Q.C., LSM. Third row: Earl A.Cherniak, Q.C., The Honourable Joseph W. O’Brien, Q.C., Terrence J. O’Sullivan,Peter Webb, Q.C., LSM, J. Bruce Carr-Harris.Photo: Studio Anka28

and the benefits of membership;and in December, St. Catharinesand Toronto were the venues for thePresident's Festive Receptions,open to members and non-members.The Society continued to offer highqualityadvocacy skills programmingas set out in its Memorandumof Understanding with the LawSociety. In November, educationalprogramming moved south as theSociety traveled to Cancun, Mexico,for the Fall Convention on futuretrends in law, chaired by MichaelEizenga, Sandra Forbes, GeorgeKilpatrick and Wendy Matheson.December saw the resignation ofNancy Reason, who was replacedas Director of Education by JessicaGrant, most recently general counselwith Spin Master Toys. Jessicanot only effected a seamless transition,but quickly designed new programsand revitalized existing curriculum,ensuring an efficient andprofessional delivery model.In another evolution of tradition,"The Advocates' Brief" went electronic,as members received theNovember/December “E-Brief” viae-mail.In February, the Task Force onAdvocacy presented an AdvocacyPolicy Forum to which leadingmembers of the bench and the barwere invited to join younger advocatesin an effort to generate ideasfor creating opportunities for advocacy.Other issues that the Society consideredor made submissions on werethe review of the motions procedurefor Toronto; the costs grid; discoveries;case management; Rule 49offers to settle; a new court housefor Toronto; contingency fees, andthe judicial appointment process.The Board also approved a newmembership category for out-ofprovincelawyers, who would nowbe able to join as Affiliate-Nationalor Affiliate-International members.May brought the return of theSpring Conference, as a group ofSociety members travelled to TheHague and Amsterdam for educationalprograms and discussionswith a distinguished array of internationaljudges, lawyers, academicsand politicians, including theHonourable Justice Louise Arbourof The Supreme Court of Canada,Carla del Ponte, Chief Prosecutor ofthe International Criminal Tribunalfor the former Yugoslavia, and LuisMoreno Ocampo, Chief Prosecutorof the International Criminal Court.The 40th Anniversary SpringSymposium, titled “Advocacy: TheArt of Persuasion,” attractedrecord-breaking numbers to theSheraton Centre Ballroom.Presented once again with theAmerican College of Trial Lawyers,the program was chaired by NeilFinkelstein, Wendy Matheson andBenjamin Zarnett, with the assistanceof John M. Buhlman, David E.Spiro and Jessica Grant.One of the most ambitious projectsinitiated by Jeff Leon was the publicationof a coffee-table book titledLearned Friends: A Tribute to 50Remarkable Ontario Advocates, 1950 -2000. Conceived as a lasting tributeto a cross-section of individualswho have shaped our professionand contributed to the success ofour firms, this project quickly generatedinterest throughout the legalcommunity. In July 2003, anEditorial Board was convened,chaired by Kevin R. Aalto andincluding a diverse group of judgesand advocates. The Editorial Boardconsulted widely and chose 50advocates to showcase from allregions of Ontario. A fund raisingcommittee began collecting sponsorshipsand the book is expected tobecome a reality by the end of 2004.Also put into motion was a secondbook, a hard-cover collection of theBest of the Journal, compiled by29David Spiro in memory of David T.Sgayias, Q.C., who was a Directorof the Society at the time of hisdeath in 2003.In May 2004, the Society was presentedwith an award for its probono work on the Child AdvocacyProject and the upcoming Court ofAppeal initiative at the Pro BonoLaw Ontario banquet at the RoyalOntario Museum.The 40th Anniversary term wouldwind up with the End of TermDinner, featuring keynote speakerDavid W. Scott, Q.C., the firstCanadian President of theAmerican College of Trial Lawyers.The evening would feature thepresentation of the Arleen GossAward to M. Kate Stephenson._________________This brief telling of the Society'sfirst 40 years offers but a glimpse ofits rich history and its profoundimpact on legislation, legal educationand the very practice of law inOntario. At the End of Term Dinnerin May 2002, then out-goingPresident Bruce Carr-Harris likenedhis experience to "sitting at the partnershiptable of the best law firm inthe country." His was the articulationof a sentiment likely shared byPresidents since 1963, who alwayshave understood that the story ofThe Advocates' Society is, first andforemost, a story of remarkableindividuals, each sharing a passionatededication to a remarkable profession.

The Advocates’ Society, 2004