Advocacy Matters November 2018


Keep up to date on what your fellow Society members have to say in Advocacy Matters. In this issue: From the Editor - Lauren Tomasich, Osler, Hoskin & Harcourt LLP; TAS Report- Karin Sachar, Osler, Hoskin & Harcourt LLP; Construction Law Bar - Max Gennis, Glaholt LLP; The Future Of Advocacy - Brent J. Arnold, Gowling WLG; Interview - Compiled by Laurie Livingstone, Cassels, Brock & Blackwell LLP


The Advocates’ Society

November 2018







From the Editor

Lauren Tomasich, Osler, Hoskin & Harcourt LLP

TAS Report

Karin Sachar, Osler, Hoskin & Harcourt LLP

Farewell Master Albert

Max Gennis, Glaholt LLP

The Future Of Advocacy

Brent J. Arnold, Gowling WLG


Compiled by Laurie Livingstone, Cassels, Brock & Blackwell LLP

Mastering the art and craft of advocacy is a career-long commitment and we are

here to help. The Advocates’ Society has been the premier provider of advocacy

skills training for over 30 years. We are proud to provide lawyers across Canada

with the training and the confidence they need to execute on their feet when it

counts. The Judge will notice…your clients will too.

Editor: Lauren Tomasich, Osler, Hoskin & Harcourt LLP,

The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.

Visit Be part of the legacy of extraordinary advocates.



Wrapping up 2018

Lauren Tomasich, Osler, Hoskin & Harcourt LLP

A quick review of the list of Advocates’

Society Practice Groups (15

in total!) is an important reminder

of how diverse the litigation bar

is. While we are all advocates at

heart, the diversity in our profession

and our individual practices

is really quite remarkable – we

all might use procedural rules or

the rules of evidence in one way

or another, yet individual practices

are rarely exactly the same

– even within the same firm.

The Advocates’ Society’s Practice

Groups play an important role in

ensuring that members can both

learn from and network with individuals

in their chosen areas

of practice. This edition of Advocacy

Matters is a nice reminder

of this, with features from three

different practice areas on exciting

events and publications.

The Construction Law Practice

Group hosted a retirement event

for Master Carol Albert, and Max

Gennis provides a warm recount

of the event as well as a reflection

on Master Albert’s impressive

career. Karin Sachar shares

an update on the Class Actions

Practice Group’s annual Bench &

Bar reception, where Justice Morgan

provided some sage advice

for class action practitioners. The

big picture takeaway: be strategic

and hone in on key points for

concise, targeted and persuasive

written and oral advocacy. And

finally, our interview this edition

features Brigeeta Richdale who

has a dynamic practice focused

on securities litigation and regulatory

matters in Vancouver. So

there you go – three different and

diverse practice areas in one edition,

which is really just scratching

the surface.

The content of this edition

aptly facilitates a shameless

plug for joining the TAS Practice

Groups generally. Connect and

learn from other TAS members

that share your interests as you

shape your practice. Be inspired

by senior practitioners, judges

and other adjudicators in the

space. Learn about how others

are confronting the practice

challenges you face. Reach out

to Practice Group leaders about

ways to get involved.

And, on a totally unrelated

note, this is the last edition of

Advocacy Matters for 2018, so

I’m going to take this opportunity

to boast about our consistently

high “click through” rates – which

is of course attributable to our

stellar TAS member content. Special

thanks to Sarah Armstrong,

Brent Arnold, Jordan Lester, Laurie

Livingstone, Sabrina Lucenti

and Yola S. Ventresca for being

such key content contributors

and thought leaders.

Thank you for reading. Have a

safe and happy holiday season,

and we will see you in 2019!

All-star faculty is an


Immerse yourself in excellence and

learn from the best at the

ADR Advocacy: Advanced Techniques

program on December 11, 2018.

The Hon. W. Ian C. Binnie, Q.C., C.C.,

Lenczner Slaght

The Hon. Marshall E. Rothstein. Q.C., C.C.,

Osler, Hoskin & Harcourt LLP

The Hon. Warren K. Winkler, Q.C.,

Arbitration Place

The Hon. Dennis O’Connor, O.C., O.Ont, Q.C.,

Borden Ladner Gervais LLP

The Hon. Coulter A. Osborne, Q.C.,

Arbitration Place

Clare E. Burns, WeirFoulds LLP

John A. Campion, Gardiner Roberts LLP

Rosalind H. Cooper,

Fasken Martineau DuMoulin LLP

Andrew Faith, Polley Faith LLP

Stephen Grant, LSM, ASM,

Grant Crawford & Watson LLP

Katherine L. Kay, Stikeman Elliott LLP

W.A. Derry Millar, LSM, WeirFoulds LLP

Lisa C. Munro, Lerners LLP

Terrence J. O’Sullivan, LSM,

Lax O’Sullivan Lisus Gottlieb LLP

Denise Sayer, Paris & Company

Martin Sclisizzi FCIArb,

Arbitrator and Mediator

Kent E. Thomson,

Davies Ward Phillips & Vineberg LLP


4 5


(Click on the program to learn more)

DEC 01

Criminal Trial


DEC 05

Mastering the Art of

Oral Communication

with Steven Stark

DEC 07

Leading Your Case:

Opening Statements &


DEC 11

ADR Advocacy:

Advanced Techniques

DEC 13

President’s Festive


DEC 14



and Civility


A Classy Affair - CAPG

Bench and Bar Reception

JAN 25

Tricks of the


JAN 30

Cross Examination:

Strategies for


Karin Sachar, Osler, Hoskin & Harcourt LLP

JAN 31

Ottawa President’s


FEB 12

2019 Advocates’

Society Medal


The Class Actions Practice Group hosted its inaugural Bench and Bar Reception on

November 5th. Despite some stiff competition from student recruitment week, the reception

was very well attended by members of the plaintiff and defence bar. Justices Glustein,

Morgan and Conway attended, with the former two providing some brief remarks.

Justice Glustein, fresh off a flight from Taiwan, resisted jet lag long enough to say

how much he is enjoying working with the class actions bar. He was particularly appreciative

of the fact that counsel generally cooperate to avoid bun fights whenever


CAPG Bench and Bar Reception (left to right):

The Honourable Justice Edward Morgan, Superior Court of Justice; Margaret Waddell, Waddell

Phillips PC, Chair, Class Actions Practice Group; The Honourable Justice Benjamin Glustein,

Superior Court of Justice; The Honourable Justice Barbara Conway, Superior Court of Justice

possible. Additionally, he noted that the

less formal, more frequent communications

between the class actions bar and

the bench facilitates common sense

resolutions of issues.

Justice Morgan agreed that it was a pleasure

to work with the class actions bar.

He took a few moments to provide some

hot tips for class actions practitioners:

• Be strategic when presenting oral

arguments and hone in on your key

points right away. The important issues

and large dollar figures associated

with class actions do not mean that

every issue in the case should be canvassed

by counsel.

• Resist overpleading your case - it is

better to focus on the main legal issues.

If you have a straight breach of

contract case, you should not complicate

it with pleadings of breach of fiduciary

duty, etc, unless those issues

are truly in play.

• Draft facta more concisely, notwithstanding

that the 30 page limit does not apply

to facta in class proceedings. Judges

groan just as much as opposing counsel

when receiving 150 pages of materials.

Be sure to join the Class Actions Practice

Group to receive notifications of future


President’s Festive Reception

Thursday, December 13, 2018

5:30 PM

The Advocates’ Society

2700-250 Yonge Street, Toronto, ON M5B 2L7

Please join President Brian Gover for an evening of

collegiality and festive cheer.

Click here to register




Master Carol Albert

Retirement Dinner

Max Gennis, Glaholt LLP

On October 18, 2018, members of the construction law bar joined former and current

members of the bench in order to toast Master Carol Albert and wish her well as she embarks

on a well-deserved retirement. The event was hosted by The Advocates’ Society’s

Construction Law Practice Group, and generously sponsored by Driver Trett and Koskie

Minsky LLP. The fact that over 100 people attended is a testament to the impact Master

Albert has had on the legal landscape of construction law in Toronto and beyond.

The event was MC’d by

Christopher Stanek of Gowling

WLG (Canada) LLP, who

serves as Co-Chair of the Construction

Law Practice Group.

He kicked off the evening by

introducing his Co-Chair, Jeffrey

Armel of Koskie Minsky

LLP, who spoke eloquently

about Master Albert’s career

accomplishments and stellar

reputation, and even provided

some insight into Master

Albert’s life and interests

outside the courtroom. In

particular, Jeff emphasized

Master Albert’s ability to effectively

manage complex

multi-party construction lien

references, and guide them

towards a just conclusion. He

was followed by Master David

Sandler, who not only spoke

warmly about his former colleague

and their experiences

working alongside each other,

but also treated the delighted

audience to a ukulele tribute.

These speeches were full of

interesting details reinforcing

just how remarkable Master

Albert’s career has been. For

example, Master Albert was

the first woman to be appointed

a Master in Toronto,

and was made an Honourary

Fellow of the prestigious Canadian

College of Construction


Finally, it was time for the

guest of honour to reflect

on her distinguished career.

Master Albert took the time

to warmly thank the family,

friends, and colleagues who

provided her with assistance

over the years. She also spoke

of the importance of civility between

counsel, and the degree

to which the construction bar in

Toronto demonstrates this. As

Master Albert moves into this

new chapter of her life, there is

no doubt that her example of

preparedness, mutual respect,

and creative problem-solving

will leave a lasting mark on our

bar for years to come. 393 University

Avenue will not be the

same without her.

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Thursday, October 18th, 2018 | The Advocates’ Society | Toronto

Retirement Reception For Master Carol Albert (left to right):

Jeffrey A. Armel, Koskie Minsky LLP; Retired Master David Sandler; Retired Master

Carol Albert; Michael Firestone; Christopher Stanek, Gowling WLG (Canada) LLP

12 13

1. @jennhunter2: “And now the new season of @serial!”

Serial, a This American Life spinoff, is a podcast about crime and

law. Season One called into question the conviction of a teenager

for strangling his girlfriend in Maryland in 1999. Season Two

follows the story of an American soldier and Taliban prisoner

accused of turning traitor. The current season sees the Serial

team embedded in a Cleveland court, observing the way day-today

justice (or injustice) is meted out to ordinary citizens.

2. @IRPlawyer: “I can’t believe @DrivingLawPod didn’t make

the cut!”

On her Driving Law podcast Vancouver criminal lawyer and DUI

expert Kyla Lee “discusses with guests all things related to the

changing legal landscape on our roads.”


Law Podcasts Redux—

Twitter Mailbag Edition

Brent J. Arnold, Gowling WLG

3. @JonathanESpitz: “Trick question answer is @SCLawPod”

Direct Examination (which clapped back from its own twitter account

@SCLawPod with a gif of disappointed Justin Timberlake)

is hosted by lawyers in South Carolina, covering the law, legal

issues and politics.

4. @michelepoole95: “@NSLpodcast and @FirstMondaysFM”

The National Security Law Podcast presents a weekly review of legal

issues surrounding U.S. national security activities and institutions.

Presented by professors from the University of Texas at Austin.

First Mondays , another SCOTUS podcast, sees law professors

from Harvard and Washington University “talk about upcoming

cases, break down the Term’s major (and not-so-major) arguments,

analyze opinions, gossip about Court intrigue, and make

wildly inaccurate predictions.”

5. @canuckknitter: “@StereoDecisis”

Stereo Decisis discusses current topics in Canadian law. Recent episodes

grapple with whether there’s a constitutional right not to be

blocked on twitter, and Toronto mayoral candidate Faith Goldy’s

suit against Bell Media for refusing to air her campaign ads.

In the October issue of Advocacy Matters I presented a collection of law-related

podcasts with a Canadian focus. @Advocates_Soc tweeted it out with a poll inviting

followers to pick their favourite. Of Counsel was the fan favourite with 53% of the

vote. The Docket clocked in second at 39%.

More importantly, the twitterverse lit up with other suggestions. So here are some

of your suggestions, dear readers, in the order received:

And TAS Presents…

Watch out in the coming months for a podcast by your

very own Advocates’ Society: a co-production of YASC

and the 10+ Committee featuring insights, entertainment,

and news about Society events.

14 15

Q. During your commute to

work you are ...?

A. ...enjoying a glorious child-free moment

and a Chai Tea Latte with my partner.

Q. Restaurant recommendation for out

of town counsel?

A. Savio Volpe in East Vancouver

Q. Your best advice for young litigators just starting out?

A. If (When) you feel overwhelmed, complete one small task to remind yourself that you have the

strength and ability to continue moving forward.

Q. Pets: Yes? No?

What kind?

A. Hard Pass

Q. Any pre-game rituals

before court?

A. Guns N’ Roses

Q. Preferred social media


A. Instagram


In conversation with

Brigeeta Richdale

Cassels Brock & Blackwell LLP, Vancouver, BC

Compiled by Laurie Livingstone

Cassels, Brock & Blackwell LLP

Q. Most embarrassing

moment as a litigator?

A. Misspelling my own

name during appearances.

Nailed it.

Q. A food you

can’t stand?

A. Poutine

Q. How long from the time you wake up in the morning to

the time you first look at your phone?

A. Approximately 8 seconds.

Q. Favourite

vacation spot?

A. Wailea, Maui

Q. Most proud moment

as a litigator?

A. Obtaining my first Worldwide

Mareva Injunction to

freeze and preserve assets.

Q. TV/movie lawyer you most relate to and why?

A. A fun mix of Daniel Kaffee (A Few Good Men) and Elle

Woods (Legally Blonde)...and occasionally Lionel Hutz (The


Q. What gives you


A. Hiking and camping in

the backcountry.

Q. What word or phrase

do you most overuse?

A. “Fack, this file just blew


Q. Your key to staying

healthy in a stressful


A. Family Fight Club Night

(although I just broke the

first rule of it...).

Q. Other than files,

name 3 things that are

always on your desk.

A. Photos of my children,

a collection of baseballs,

and my tractricoid top

(my Inception totem).

Q. What drives you insane?

A. People who are late. The thought of getting a parking

ticket (note: I received a parking ticket in July of 2005 and

I still get nightmares).

Q. Podcast


A. Fault Lines and

The Goop Podcast

Using six words, no more, no less, finish this sentence:

What has surprised me the most over the past year is .... that finding joy can destroy fear.

16 17


Wednesday, October 10th, 2018 | Four Seasons | Toronto

E-Discovery (left to right):

Anna-Lee Chow-Lin-On, EY; Esther

Labindao, Director, Ricoh; Rachael

Jastrzembski, Torys LLP; Marina

Bonifacic, RBC

E-Discovery (left to right):

James Swanson, Miller Thomson LLP; David

Outerbrdige, Torys LLP; The Hon. Justice

Frederick L. Myers, Ontario Superior Court

of Justice; The Hon. Master P. Tamara

Sugunasiri, Ontario Superior Court of Justice;

Tanya Walker, Walker Law

Breakfast Near Tiffanys Panel (left to right):

Kate McGrann, Crawley MacKewn Brush LLP;

Jacqueline A. Horvat, Spark LLP; Sonu Dhanju-

Dhillon, Torkin Manes LLP; Carolyn Silver, College of

Physicians & Surgeons of Ontario; Chris G. Paliare,

LSM, Paliare Roland Rosenberg Rothstein

E-Discovery (left to right):

Chuck Rothman, McCarthy Tetrault LLP;

Rachael Chadwick, EY; Marlon Hylton,

Cassels Brock & Blackwell LLP; Heather L.

Hansen, Martha McCarthy & Company


Tuesday, November 6th, 2018 | The Advocates’ Society | Toronto

E-Discovery (left to right):

Kathryn J. Manning, DMG Advocates LLP;

The Hon. Justice Frederick L. Myers,

Ontario Superior Court of Justice; The Hon.

Master P. Tamara Sugunasiri,

Ontario Superior Court of Justice

18 19


Wednesday, November 7th, 2018 – Saturday, November 10th, 2018

Laguna Beach, California

Fall Convention (left to right):

Susan Van Der Flier, Fiddes Van Der Flier Law Corp; Megan Savard, Addario Law Group LLP;

Frank Walwyn, WeirFoulds LLP; Jack Graham, McInnes Cooper

Fall Convention Keynote Speaker:

Michelle Bratcher Goodwin, Chancellor’s

Professor of Law, University of California

Fall Convention (left to right):

Brian Pel, Heuristica Discovery Counsel;

Crystal O’Donnell, Heuristica Discovery Counsel

Fall Convention (left to right):

Domenic Marino, PwC Canada; Jennie Chan,

PwC Canada; Joseph Coltson, PwC Canada

20 21

22 23

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