Keeping Tabs December 2018

KEEPING TABS
The Advocates’ Society
December 2018

CONTENTS
04
06
08
10
13
16
18
Chair Chat
Victoria Creighton, Osler, Hoskin & Harcourt LLP
Health And Wellness
Thomas Milne, Nahwegahbow, Corbiere Genoodmagejig Barristers &
Solicitors and Meaghan Boisvert, Miller Maki LLP
Feature Conference: Fall Forum
Josephine L. Comegna, Fasken
Holidays With YASC
Tom Macmillan, Rogers Partners LLP
Roundtable on Diversity with Suhuyini
Abudulai, Mariam Moktar and Atrisha Lewis
YASC Event Report: Vancouver Big Mingle
Elise Kohno, Judicial Law Clerk, Supreme Court of British Columbia
Interview: Leslie De Meulles
Compiled by Alexandra Shelley, Torys 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.
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YouTube Series
David Campbell, The Law Office of David Campbell
Editor: Erin Pleet, Thornton Grout Finnigan LLP | EPleet@tgf.ca
The Young Advocates’ Standing Committee (“YASC”) is a standing committee of The Advocates’ Society with a mandate to be a voice for young advocates
(advocates who are ten years of call or fewer) within the Society and within the profession. We do this through networking/mentoring events, by
publishing articles by and for young advocates, and by raising issues of concern to young advocates as we work with the Society’s Board of Directors.
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.
3

THE NEXT TEN
(Click on the program to learn more)
CHAIR CHAT
Chair Chat
Victoria Creighton, Osler, Hoskin & Harcourt LLP
This past month almost saw the closure of Pro Bono Ontario’s Law Help Centres
for unrepresented litigants in Toronto and Ottawa. The potential closure of this
critical court-based resource for thousands of Ontario litigants prompted impassioned
advocacy from the legal community ranging from articling students
to retired Chief Justice Beverly McLachlin, and appeals to government, regulators
and individual lawyers and law firms for funding. Young advocates tirelessly
spearheaded many of these efforts and, as a result, Pro Bono Ontario has secured
temporary funding and will keep its doors open for at least another year.
Pro Bono Ontario is only one example of how young advocates across Canada
have been working to promote access to justice. Each province and each
community offers different opportunities for lawyers to serve. Young advocates
give back in a range of ways – from participation in established pro
bono programs to informally offering free advice to potential litigants who
have no one else to turn to. My main focus in recent years, and one which
has been one of the most worthwhile experiences of my career, has been
working with CLASP, which is Osgoode’s legal aid clinic serving the Jane /
Finch community. TAS itself provides a variety of pro bono opportunities to
give back to the community, some of which can be found here. Last month’s
events in Ontario prompted thoughtful conversation about young advocates’
involvement and the myriad of access to justice initiatives in need of funding.
I hope that discussion continues throughout the legal community.
In this issue of Keeping Tabs, you will find a roundtable on diversity and
inclusion in the hiring process, our Mental Health Minute with links to organizations
that offer assistance to lawyers and their families, an interview
with young advocate Leslie De Muelles, recaps of YASC events from across
Canada, and our new TAS “Legends of the Bar” video series featuring The
Honourable Ian Binnie.
YASC is always looking for contributions to Keeping Tabs. If you have something
to say about a case, your life as an advocate or a great experience at a
TAS event, please tell our acting editor, Erin Pleet at epleet@tgf.ca. If you’re
looking to get involved with YASC more generally, join our Volunteer Roster
by emailing Alexandra Shelley at ashelley@torys.com.
JAN 30
Cross-Examination:
Strategies for Success
FEB 28
Kingston
JAN 16
Young Advocates’
Pub Night Toronto
JAN 31
Vancouver
Fireside Chat
FEB 28
Windsor
JAN 23
An Evening with the
Commercial List
FEB 7
Toronto Mentoring
Dinner
JAN 25
Tricks of the Trade
2019
JAN 31
Ottawa President’s
Reception
FEB 12
Calgary
Fireside Chat
4
Courthouse
Courthouse

HEALTH AND WELLNESS
Mental Health Minute
Thomas Milne, Nahwegahbow, Corbiere
Genoodmagejig Barristers & Solicitors
and Meaghan Boisvert, Miller Maki LLP
The conversation around mental health in the legal profession
is changing. YASC hopes to contribute to the conversation
about confronting mental health issues in the legal
profession. As a first step in this direction, YASC created the
Mental Health Working Group (the MHWG).
To further the MHWG’s objectives, we are focusing on
practical strategies to address stress, anxiety, depression,
and other mental illnesses, and on combatting the stigma
of mental health issues in the legal profession. This initiative
presents opportunities for YASC to develop approaches to
mental health and wellness tailored to young advocates.
Since Fall 2017, there have been a number of YASC-run
or inspired events – Fireside Chats, panel
discussions and CPD programs – that
have touched upon the discussion surrounding
mental health and wellness for
practising lawyers. These events help us
raise awareness, share ideas about coping
and resilience, and battle stigma.
YASC wants to continue to play a role
in changing the conversation around
mental health. It should be a topic that
lawyers can freely discuss with their
peers and their employers. A more
holistic approach to this issue recognizes
that mental health is, first and
foremost, a health issue. We hope to
continue to make contributions in this
area by creating more spaces where
mental health can be discussed, including
discussing different strategies
for obtaining assistance.
In the meantime, we want to make
young advocates aware of organizations
who offer assistance specifically to lawyers
and their families, in Alberta, British
Columbia, Manitoba, New Brunswick,
Newfoundland and Labrador, Northwest
Territories, Nova Scotia, Nunavut,
Ontario, Prince Edward Island, Quebec,
Saskatchewan and Yukon. These organizations
are generally put in place by
law societies, but operate separately
and confidentially. The Canadian Mental
Health Association offers a helpline
at 1-866-531-2600 as well.
If you are aware of any other resources
for lawyers, the MHWG would like to hear
from you: Thomas Milne (tmilne@nncfirm.
ca or (705) 325-0520) and Meaghan
Boisvert (boisvertm@millermaki.com or
(705) 675-7503).
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FEATURE CONFERENCE: FALL FORUM
The View From the Bench:
The Litigator of the Future
Josephine L. Comegna, Fasken
On October 19-20, 2018, the Young Advocates’ Standing Committee of The Advocates’ Society’s
hosted its biennual Fall Forum at The Westin Trillium House in Blue Mountain, Ontario.
Chaired by Emily Y. Fan (Lerners LLP), Erin D. Farrell (Gowling WLG), Shaun W. Hohman
(Rose LLP), and Frédéric Plamondon (Osler, Hoskin & Harcourt LLP), the focus of this year’s
Fall Forum was “The Litigator of the Future”, and day one of the conference featured six diverse
panels on this theme.
Each of these panels provided attendees with insightful tips and strategies for litigating
in the 21 st century. I found the panel with The Honourable Justice Gloria J. Epstein (retired
from the Court of Appeal for Ontario), The Honourable Justice Fred Myers (Superior Court
of Justice), and The Honourable Justice Sandra M. Bacchus (Ontario Court of Justice) to be
exceptionally engaging as it provided young advocates with a direct view from the bench.
Here are my top 10 takeaways from this panel:
1. Pick Your Head Up: Judges do not want to
constantly see the top of your head!
2. Be Focused / Be Efficient: Take the time to
hone in on what your case (or appeal) is all about,
and remember, your introduction to the bench
sets the tone for your entire argument. Avoid excess
verbiage and limit “throat clearing” words.
3. Help Judges Help You: Don’t be afraid to
give the bench tools that will help them better
understand your case; this is especially true for
complex matters. Examples include: a timeline
or chronology of events, an easy-to-follow corporate
organizational chart or family tree, or a
same-day compendium (if appearing before an
appellate court) of the key documents (i.e. fewer
than 20) you expect to rely upon.
4. Decorum Still Matters (and is Expected!):
Judges expect advocates to not only ask for
permission first, but to also be aware of cues
and body language from the bench. In addition,
most judges will appreciate if you enquire beforehand
of their preference to receive soft or
hard copies of materials.
5. Hello Case Management: Get ready to see a lot
more case management. More than ever judges
are keen to work with parties to help narrow the
scope of affidavits of documents, examinations
for discovery, motions and/or the pre-trial.
6. But, Your Honour, I Have Another Point:
If a lower court judge does not permit you to
argue a particular point(s), be sure to object
and to put your point(s) very briefly on the record.
By doing so you are not only advocating
for your client, but also ensuring that all
of your arguments (however brief) are on the
record in case you need to appeal the lower
court’s decision.
7. The Technological Divide: It’s no secret,
there is a huge gap between tech-savvy lawyers
and low tech courtrooms; in fact, some courthouses
still don’t have Wi-Fi. In addition, some
judges may still be unfamiliar with the latest
technology and technical language. That said,
there are judges who are open and willing to
try new technologies (such as iPads), but they
lack the background knowledge. Therefore,
it is up to us, as advocates, to not only provide
the bench with the technological tools
we may want to use at a hearing, but also be
“part-teacher” and guide the bench as to how
certain e-devices work.
8. Paper … What Paper?: Slowly but surely the
courts are moving to paperless, but this will take
time, and appellate courts are probably going
to take the longest.
9. Ctrl + Alt + K: When preparing your factum,
especially on motions for summary judgement,
the judges encouraged advocates to hyperlink
to authorities, evidence and/or findings of fact,
as is appropriate to do so.
10. Learn from the Greats: Take every opportunity
to improve upon your written and oral
advocacy skills; this cannot be overstated. Two
excellent strategies for doing so include reading
the facta submitted to the Supreme Court of
Canada (available online here), and finding time
to watch seasoned practitioners deliver their arguments
in court.
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HOLIDAYS WITH YASC
Santa Claus Visits
Campbell House
Tom Macmillan, Rogers Partners LLP
10
If you are the type that doesn’t like candy canes, warm hot chocolate on a
sunny but crisp winter’s day, or a festive jolly old elf, then you definitely didn’t
miss out if you weren’t at The Advocates’ Society’s annual Santa Claus Parade
party. On November 18, the event returned to historic Campbell House, right
on the parade route, and hosted around 25 TAS families and children.
The event featured craft tables, snacks, and just the right amount of Mariah
Carey musical cheer. The cherry on top was a visit from Saint Nick himself,
who visited with the kids up on the second floor of the house, where there
were windows that overlooked the parade route. It was a scene that would
have increased any Grinch’s heart by at least a factor of three.
On a personal note, I confess to have faced some of the toughest grilling
of my career in the form of some skeptical children, who put forward some
compelling – if cynical – propositions relating to the existence of Santa. The
persistence of these questioners and the quality of their submissions should
make their parents proud. The Advocates’ Society can rest assured that the
next generation contains some truly formidable advocates, many of whom
were, it seems, present at Campbell House for the parade party.
A huge thank you to Rachel Stewart and Emily Crouch for organizing the
event, as well as our numerous volunteers. We look forward to seeing lots of
young families out next year, and a Merry Christmas to all!
Your Next
Challenge Is Here
The Advocates’ Society Career Board is the only legal
job board created just for the litigation bar. Access
notices for litigation, ADR and judicial vacancies that
are exclusively listed for advocates across Canada.
To find your next position visit www.advocates.ca

DIVERSITY IN THE PROFESSION
Ottawa President’s Reception
January 31, 2019
5:30 PM - 7:30 PM
The Rideau Club, 99 Bank St, Ottawa, ON K1P 1H4
Please join President Brian Gover for an evening of
collegiality and festive cheer.
Click here to register
Roundtable on Diversity with
Suhuyini Abudulai, Mariam
Moktar and Atrisha Lewis
Just before fall Toronto OCIs, Suhuyini Abudulai, Mariam Moktar and Atrisha Lewis published
an article about diversity and inclusion in the hiring process entitled, “At The End
Of Your Next Job Interview, Ask (At Least) One Of These 10 Questions About The Firm’s
Commitment To Diversity”. Keeping Tabs caught up with Suhuyini, Mariam and Atrisha to
discuss the impact of that article on hiring this year, and what they think should be next
for the discourse on diversity and inclusion. The following is a lightly edited transcript
of that conversation.
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What led to you writing the article?
Atrisha Lewis (AL): I had met with a
few racialized students before the OCI
process and I was often asked how they
could figure out if a firm would be an
inclusive place for them to work. I suggested
some questions they could ask,
but I realized that students would not
necessarily feel empowered to ask the
important questions.
I then reached out to Suhuyini and
Mariam to see if they would collaborate
on an article with me. I hoped that
I had met with a few
racialized students before
the OCI process and I was
often asked how they
could figure out if a firm
would be an inclusive
place for them to work.
if we collectively published an article,
students may feel empowered to actually
ask their questions. Together, we
brainstormed and compiled questions
that we thought would help students
meaningfully distinguish between firms.
As we were developing these questions,
we realized that an important
secondary audience was the lawyers
and recruiting teams at the firms participating
in OCIs. They would know
that these were questions that they
would have to prepare for and if they
did not have good answers, they would
hopefully start reflecting on that.
Mariam Moktar (MM): The timing
was also right. This was about a year
after the release of Hadiya Roderique’s
essay “Black on Bay Street”, which garnered
a lot of attention on Bay Street
and elsewhere.
Feedback from the article?
MM: After the article was published,
my firm’s (Lenczner Slaght) diversity
committee met and prepared answers
to those questions, in advance of student
interviews. Our article was widely
shared on social media during OCIs
and in-firm interviews. Students asked
questions about my firm’s diversity and
inclusion initiatives during in-firms. A
few even expressed their gratitude,
noting that the article empowered
them to ask those questions.
AL: A similar process happened at
McCarthy Tétrault LLP. During recruitment,
the questions were sent out and
lawyers thought of answers. This was
the secondary impact I had hoped for.
Also, anecdotally, I was told that students
did ask those questions.
Suhuyini Abudulai (SA): Same here.
Our student committee reviewed the
questions and thought of answers.
What is important about the article is
the spotlight placed on the firms. The
questions are not “fluffy” questions
and require firms to look internally at
what they are actually doing to have a
diverse and inclusive workplace.
With these approaches to diversity
and inclusion, did you notice anything
different about this year’s OCIs?
MM: This year my firm adopted nameblind
hiring and this had, I believe, a
meaningful impact. During in-firm interviews,
I saw a diverse crop of candidates.
We also developed standardized
interview questions and scrapped our
cocktail reception. Instead, we had an
R&R lounge, a space in our building lobby
for students to “relax and recharge”
in between interviews.
AL: My firm sent out a tweet about how diverse
our class was after recruitment. That is a tweet
you would never have seen a year ago. People are
looking for this and expecting this. This is not a
“nice to have”; it is a “need to have”. It reflects an
attitudinal shift.
SA: I didn’t notice anything different from the Cassels
Brock perspective as the student class over the
last few years has been diverse and reflective of the
community. It shows continuous progress.
What should be the next step for the discourse
on diversity and inclusion?
AL: We wrote the article because we wanted to
see diversity reflected at all levels and it starts with
recruitment. But it doesn’t end there. That’s why
we asked questions about retention. Firms need to
look at their processes and see if there is anything
they can do better to retain diverse lawyers.
MM: That’s right. Many of the current firm initiatives
address the diversity piece. I think it will
be more challenging to address inclusion. Once
a diverse candidate is hired, what are firms then
doing to ensure that candidate feels included
and stays?
SA: That is an important piece – inclusion is harder.
Hiring diverse candidates is the easier part. Inclusion
requires levelling the playing field so all candidates
have access to the same opportunities such
as billable matters, exposure to challenging files to
develop and strengthen their skills, and business
development opportunities. This impacts retention
and promotion.
Suhuyini Abudulai is a partner at Cassels Brock
& Blackwell LLP. Mariam Moktar is an associate
at Lenczner Slaght Royce Smith Griffin LLP. Atrisha
Lewis is an associate at McCarthy Tétrault
LLP. Their article that started this discussion can
be found here. You can find them on Twitter at
@sabudulai, @MariamMoktar and @atrishalewis.
Readers, we’d like to hear about your experiences
and insights on diversity and inclusion during recruitment
or in terms of retention. Share them on
Twitter with the hashtag #diversityquestions and
be sure to tag @Advocates_Soc.
Suhuyini Abudulai, Cassels Brock
Mariam Moktar, Lenczner Slaght
Atrisha Lewis, McCarthy Tétrault
14 15

YASC EVENT REPORT
Vancouver Big Mingle
Elise Kohno, Judicial Law Clerk,
Supreme Court of British Columbia
On October 30, 2018, YASC’s Vancouver team held its inaugural Big Mingle
event at Mahony & Sons, generously sponsored by Pender Litigation and
McCarthy Tétrault LLP. One hundred current law students, articling students,
judicial law clerks, and young lawyers from a diverse range of litigation
practice areas networked in a relaxed, social environment.
Fellow attendees at the event commented:
“The Big Mingle was a great opportunity to reconnect with old classmates,
and meet new colleagues in the legal community”—Robert Hanson, articling
student.
“Mingling with young lawyers was a great opportunity to get perspectives
on the legal profession from people who have a
fresh memory of the student experience” —Roslyn
Grant, 1L student
“I really enjoyed the Big Mingle event; it was a
great opportunity to talk to articling students and
junior lawyers about their work experience as advocates”—Aman
Marwaha, 3L student.
“The Big Mingle was so warm and welcoming!
Being relatively new to the Vancouver legal community,
I was especially grateful for the opportunity
to meet so many friendly junior lawyers.”
—Natasha John, judicial law clerk
Good food, stimulating conversation, and plenty
of laughter were had by all. The great turnout was
a testament to the enthusiasm for such events
and the need to provide more opportunities for
students, law clerks, and young lawyers to engage
with their peers outside of the firm setting. I am
already looking forward to next year’s event!
16 17

Do you know a young advocate that we
should feature in an upcoming Interview?
Click here to email us with your suggestion.
Q. What is your year of call?
A. 2017.
Q. What is your greatest extravagance in your
everyday life?
A. Coffee. Always coffee. There is nothing better
than an excellent cup to start the day.
Q. Which talent would you most like to have?
A. I love being on the go and on my feet but sometimes feel restless and impatient when I’m at my
desk. I wish I had more patience for long periods of research.
Q. How would your colleagues describe you?
A. Passionate and energetic – especially after
coffee #3.
Q. Which word do you prefer: litigator
or advocate?
A. Definitely advocate. It sounds more collaborative,
which is how I see my practice.
INTERVIEW
In conversation with
Leslie de Meulles
Weiler, Maloney, Nelson
Thunder Bay, Ontario
Compiled by Alexandra Shelley, Torys LLP
Q. What is your favourite case?
A. It is tough to pick a case in Aboriginal law, as so much of the jurisprudence in the area is problematic.
Even Tsilqot’in, which was an exciting case, had its downside. If I have to pick a case, then
Whiten v Pilot. It is encouraging to see the Supreme Court protect the interests of the underdog
and make a difference.
Q. What would you consider your greatest achievement?
A. I feel grateful to be practicing in the area I aspired to when I started law school. I am also happy
to be living and working in Northern Ontario, where Indigenous issues are at the forefront in a
way that can differ from other parts of the province.
Q. Why did you become a litigator or advocate?
A. I worked as senior policy advisor to the Ontario Minister of Northern Development and Mines
for four years prior to going to law school. I saw first-hand how the duty to consult was playing out
on the ground and knew it could be working better. My ultimate goal was to work with Indigenous
communities with a particular focus on the duty to consult.
Q. What is the latest non-legal book
you’ve read?
A. I just finished There There by Tommy
Orange. I highly recommend it!
Q. What is your favourite take out
cuisine?
A. Thai food!
Q. What have you learned from your practice as an Aboriginal lawyer?
A. Indigenous issues touch on every area of the law – not just what is typically thought of
as “Aboriginal law”, or the law pertaining to treaty, inherent and land title rights. There is
also a sea change happening. I have noticed this especially in the work I continue to do
with self-governing First Nations.
Q. If you weren’t a lawyer what would you be?
A. I would work in politics. It was a privilege to work at Queen’s Park. I learned a lot
and met some of the smartest and best people I know – and that includes all parties
and the public service.
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Q. What do you like most about your practice?
A. I love that I have the opportunity to practice civil and criminal litigation as well as
Aboriginal law.
Q. What is your greatest fear in practice?
A. Two big ones: being complacent and being unprepared. I never want to forget that it is a
privilege to be a part of the legal profession.
Q. What is your most distinctive characteristic?
A. I’m a people person. I love meeting new clients and understanding how I can help.
YOUTUBE SERIES
Q. From whom have you learned the most about the practice of law?
A. I learn something from every lawyer I meet whether it is behavior to emulate or avoid. One
practitioner in Thunder Bay has particularly taught me about the importance of humility and
compassion and I’m grateful for that.
TAS Legends of the Bar, Part II
David Campbell, The Law Office of David Campbell
20
Q. What should people know about the life of a lawyer in Northern Ontario?
A. There is a lot more to the province than the large urban centres. There is also a lot more to
Canada than Ontario. Understanding the regional differences that affect the practice of law in the
province and the country will make us all better advocates. My hope is that lawyers will try to be
alive to these differences and challenges affecting their colleagues and their clients.
Q. What unique knowledge have you gleaned in your practice that you can share
with other young advocates?
A. Self-care is crucial. I strongly believe that lawyers who take care of their physical
and mental health make better advocates.
Following the successful launch
of our YouTube series in the last
issue of Keeping Tabs, YASC is
pleased to present its second
video in this series. This one also
comes from the 2002 Dubin Lectures
on Advocacy.
Hon. Ian Binnie, C.C., Q.C., ASM
delivers his lecture In Praise of
Oral Advocacy, in which he highlights
lessons he learned about
oral advocacy from hearing cases
at the Supreme Court of Canada.
Justice Binnie also draws on
the advocacy skills of Chief Justice
Dubin, J.J. Robinette, along
with Justices Arnup, McKinnon,
and Martin, describing why they
were effective, why they did
what they did, why it was—from
the bench’s point of view—skillful
advocacy, and why he thinks
it still works. With sparkling wit
& impeccable timing, he distills
these lessons into five stages of
appellate advocacy.
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MONTREAL MENTORING DINNER
Thursday, October 25th, 2018 | Le Local, Montreal
KINGSTON PUB NIGHT
Wednesday, November 14th, 2018 | Red House, Kingston
No, counsellor. The fact that your
client was wearing a reindeer
costume at the time is NOT a
mitigating factor in sentencing.
SANTA CLAUS PARADE
Sunday, November 18th, 2018
Campbell House, Toronto

YASC PUB NIGHT
Wednesday, November 14th, 2018 | Pravda Vodka Bar, Toronto
PRO BONO HOTLINE VOLUNTEER WEEK
December 3 - 7, 2018 | Toronto

www.advocates.ca