Advocacy Matters - March 2019
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; Diversity In The Profession - Sarah Armstrong, Fasken; Signature Conference - Sabrina A. Lucenti, Dooley Lucenti LLP; TAS Report - Jeffrey J. Kroeker, B.A. (Hons.), J.D, Civis Law LLP; International Women’s Day - Yola S. Ventresca, Lerners LLP; The Future Of Advocacy - Brent J. Arnold, Gowling WLG
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; Diversity In The Profession - Sarah Armstrong, Fasken; Signature Conference - Sabrina A. Lucenti, Dooley Lucenti LLP; TAS Report - Jeffrey J. Kroeker, B.A. (Hons.), J.D, Civis Law LLP; International Women’s Day - Yola S. Ventresca, Lerners LLP; The Future Of Advocacy - Brent J. Arnold, Gowling WLG
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ADVOCACY MATTERS<br />
The Advocates’ Society<br />
MARCH <strong>2019</strong>
What the TWEET is this?<br />
When you see this icon, throughout the publication,<br />
click on it to see what members are tweeting about.<br />
CONTENTS<br />
04<br />
09<br />
12<br />
14<br />
17<br />
20<br />
From the Editor<br />
Lauren Tomasich, Osler, Hoskin & Harcourt LLP<br />
Diversity In The Profession<br />
Sarah Armstrong, Fasken<br />
Signature Conference<br />
Sabrina A. Lucenti, Dooley Lucenti LLP<br />
TAS Report<br />
Jeffrey J. Kroeker, B.A. (Hons.), J.D, Civis Law LLP<br />
International Women’s Day<br />
Yola S. Ventresca, Lerners LLP<br />
The Future Of <strong>Advocacy</strong><br />
Brent J. Arnold, Gowling WLG<br />
Mastering the art and craft of advocacy is a career-long commitment and we are<br />
here to help. The Advocates’ Society has been the premier provider of advocacy<br />
skills training for over 30 years. We are proud to provide lawyers across Canada<br />
with the training and the confidence they need to execute on their feet when it<br />
counts. The Judge will notice…your clients will too.<br />
Editor: Lauren Tomasich, Osler, Hoskin & Harcourt LLP, Ltomasich@osler.com<br />
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.<br />
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.<br />
3
FROM THE EDITOR<br />
COMING UP<br />
(Click on the program to learn more)<br />
4<br />
The season for change<br />
Lauren Tomasich, Osler, Hoskin & Harcourt LLP<br />
Our spring issue of <strong>Advocacy</strong> <strong>Matters</strong> carries<br />
with it a spirit of change – which is perfect for<br />
this time of year. Change is indeed a foundation<br />
of our profession. The law evolves to<br />
reflect societal realities, and we as litigators<br />
are catalysts and vehicles for such change,<br />
through, among other things, creative legal<br />
arguments made zealously on behalf of our<br />
clients. However, there are different types of<br />
change that are equally, if not more important<br />
– and this issue of <strong>Advocacy</strong> <strong>Matters</strong> is<br />
particularly inspirational on this front.<br />
Sarah Armstrong recounts the #Robing-<br />
Room revolution, which is an encouraging<br />
example of female advocates using social<br />
media to call attention to the disparity in<br />
the male and female robing rooms at Osgoode<br />
Hall. And what I have gone so far<br />
as to call a “revolution” is less about the<br />
space itself, but the symbolism of it all,<br />
and the importance of calling attention to<br />
these issues – otherwise, things simply do<br />
not change. Even if we like to think that<br />
things are “better” than the past, there are<br />
persistent and developing challenges that<br />
women and diverse members of the profession<br />
face – which are aptly captured in<br />
Yola Ventresca’s article about international<br />
women’s day, alongside a powerful summary<br />
of the historical origins of this annual<br />
<strong>March</strong> milestone.<br />
Change comes in other forms in our profession,<br />
and does not need to take the form<br />
of new law from an appellate court or the<br />
galvanizing of a societal movement to impact<br />
our work as litigators. Technological<br />
advancements and ways to adjudicate cases<br />
more efficiently and effectively are top<br />
of the agenda for the Toronto Commercial<br />
List. Jeffrey Kroeker recounts the remarks<br />
of the Commercial List lead judge, Justice<br />
Hainey at the annual TAS “Evening with the<br />
Commercial List”, with the central message<br />
being that the Commercial List is committed<br />
to being business-minded and practical in<br />
its approach to dispute resolution. Brent Arnold<br />
also summarizes the Commercial List’s<br />
new “Digital Hearing Workspace”. Technology<br />
was also a key theme at the personal<br />
injury bar’s annual TAS “Tricks of the Trade”<br />
conference, which Sabrina Lucenti reviews.<br />
This is all important and productive change<br />
that facilitates effective dispute resolution.<br />
With that, here’s hoping that this spring<br />
brings positive change to our profession<br />
and to all of your practices – and hoping<br />
this edition of <strong>Advocacy</strong> <strong>Matters</strong> showcases<br />
that we are off to a good start.<br />
APR 8<br />
Celebrating <strong>Advocacy</strong><br />
Reception with<br />
The Hon. Justice<br />
Suzanne Côté<br />
APR 16<br />
Negotiation<br />
Strategies for<br />
Litigators<br />
(Toronto)<br />
APR 4<br />
Finding Your Hook:<br />
How To Develop a<br />
Winning Case<br />
(Toronto)<br />
APR 9<br />
Women in<br />
Litigation<br />
Symposium<br />
(Calgary)<br />
APR 17<br />
Commercial<br />
Litigation PG:<br />
Diversity & Inclusion<br />
Breakfast<br />
(Toronto)<br />
APR 4<br />
Tax Litigation:<br />
Settlement<br />
Conference in Tax<br />
Litigation<br />
(Toronto)<br />
APR 12<br />
Insolvency<br />
Litigation<br />
Toronto<br />
APR 8<br />
Women in<br />
Litigation<br />
Symposium<br />
(Vancouver)<br />
APR 10<br />
Women in<br />
Litigation<br />
Symposium<br />
(Edmonton)<br />
APR 12<br />
L’Art Du<br />
Contre-interrogatoire<br />
(Montreal)
BENCHER ELECTION <strong>2019</strong><br />
Lawyer Candidates Outside Toronto<br />
Lawyer Candidates from Toronto<br />
Be an informed voter. Get to know the TAS Members who are running for Bencher in <strong>2019</strong>.<br />
The <strong>2019</strong> Bencher election for the Law Society of Ontario will take place from mid-April to April 30,<br />
<strong>2019</strong>. On this page we showcase the TAS members who are running in the <strong>2019</strong> election.<br />
Full information on the election process, voting, etc can be found on the<br />
Law Society of Ontario website.<br />
R. Lee Akazaki<br />
John Callaghan<br />
Jeff Cowan<br />
Signa A. Daum<br />
Shanks<br />
Jeremy Devereux<br />
Rebecca C. Durcan<br />
Nathan Baker -<br />
Central East<br />
François N. Baril -<br />
East<br />
Peter Beach -<br />
East<br />
Jack Braithwaite -<br />
Northeast -<br />
Acclaimed<br />
Dianne G. Corbiere -<br />
Central East<br />
Teresa Donnelly -<br />
Southwest<br />
Julian Falconer<br />
Joseph Groia<br />
Paul Le Vay<br />
Atrisha Lewis<br />
Samuel Marr<br />
William C. McDowell<br />
Etienne Esquega -<br />
Northwest<br />
Jacqueline Horvat -<br />
Southwest<br />
Michael Lerner -<br />
Southwest<br />
Cecil Lyon -<br />
East<br />
James John Mays -<br />
Southwest<br />
Jorge E. Pineda -<br />
Central South -<br />
Pending<br />
Isfahan Merali<br />
Malcolm Mercer<br />
David Milosevic<br />
Barbara Murchie<br />
Sean Robichaud<br />
Jonathan Rosenthal<br />
M. Stephen Rastin -<br />
Central East<br />
Andrew Spurgeon -<br />
Central South<br />
Deepa Tailor -<br />
Central West<br />
Claire Wilkinson -<br />
Central West<br />
Mirilyn R. Sharp<br />
Julia Shin Doi<br />
Megan Shortreed<br />
Darryl Singer<br />
Peter C. Wardle
The Catzman Award<br />
for Professionalism & Civility<br />
Throughout his distinguished career both as an advocate<br />
and a judge, Justice Marvin Catzman earned an exemplary<br />
reputation for his knowledge of the law, his integrity, his<br />
fairness, his civility and his dedication to the highest ideals of<br />
the legal profession. He inspired younger lawyers by example<br />
and contributed to legal education by writing and lecturing<br />
with great insight and humour. He was unfailingly generous to<br />
colleagues with his time and expertise. Justice Catzman’s<br />
career was characterized by all of the qualities that are<br />
encompassed by the terms professionalism and civility.<br />
The successful candidate for the Catzman Award will be<br />
a person who exemplifies these qualities.<br />
Call For Nominations<br />
The Catzman family, The Advocates’ Society and the Chief Justice of Ontario’s Advisory<br />
Committee on Professionalism are pleased to call for nominations for an award in memory<br />
of the late Justice Marvin A. Catzman, recognizing individuals who have demonstrated<br />
a high degree of professionalism and civility in the practice of law. The Award will be<br />
presented by the Chief Justice at the Opening of the Courts in September <strong>2019</strong> and<br />
acknowledged at The Advocates’ Society End of Term Dinner in June 2020.<br />
Deadline Friday, May 31, <strong>2019</strong><br />
Please fill out the following nomination form and attach the nominee’s C.V. and two<br />
(2) letters of support (to a maximum of two (2) pages).<br />
For questions, please contact Rachel Stewart, Events and Awards Manager,<br />
at rachel@advocates.ca<br />
SUBMIT NOMINATION<br />
DIVERSITY IN THE PROFESSION<br />
The recently successful<br />
Osgoode Hall #RobingRoom<br />
campaign is just<br />
the beginning<br />
Sarah Armstrong, Fasken<br />
On February 7, after spending three days in court at Osgoode Hall with a fierce group of women<br />
litigators fighting for pay equity and equality rights, Fay Faraday tweeted photos of the then “Lady<br />
Barristers” sign on the women’s robing room and of her colleagues crammed inside the room with<br />
the comment: “But after 25+ years doing this, I still need to walk past the so-2-centuries-ago #LadyBarrister<br />
sign & there are still only 12 lockers for women litigators at 130 Queen St. in T.O. where the Court of<br />
Appeal, Divisional Court and Superior Court all sit. First thing every woman litigator who came in this week<br />
said was “are all the lockers full again?”. Answer: eye roll, sigh ... yes. The lawyers for just 3 of 6 parties on<br />
ONE case fill more than half the robing room. I hear the men have 75+. #RoomOfOurOwn”.<br />
Enter fearless advocate for equality and #WomenInLaw and prolific tweeter, Breanna Needham.<br />
In less than 24 hours following Faraday’s tweets, Needham and a group of allies had: (i) produced a<br />
Twitter photo display of the shocking disparity between the two robing rooms; and, (ii) developed<br />
a petition with over 500 signatures asking the Law Society of Ontario to retire the “Lady Barristers”<br />
robing room at Osgoode Hall in favour of a unisex space where the men’s robing room is.<br />
8 9
WOMEN<br />
in Litigation Symposium<br />
The Advocates’ Society’s award-winning Women in Litigation<br />
Symposium is coming to Vancouver, Calgary and Edmonton this<br />
spring. Join us for this unique networking conference designed<br />
for female litigators where you will receive candid advice and<br />
practical strategies for your life and practice as a litigator.<br />
To learn more or register visit www.advocates.ca<br />
Reactions from fellow women<br />
litigators on twitter who, like me,<br />
had just seen photos of the men’s<br />
robing room for the first time included<br />
the following: Demoralizing.<br />
Gutted. OMG. Just silly. We’ve<br />
been had. Are you freaking kidding<br />
me??!? [and a few more explicit<br />
turns of phrase which I will not<br />
quote here, but you get the idea].<br />
LEAF tweeted: “That the disparity<br />
between robing rooms surprised<br />
so many (after existing for so many<br />
years!) is indicative of how privilege<br />
works - maintained through secrecy.<br />
Imagine what else we’ll discover<br />
if we pull back the curtain on other<br />
inequalities through #paytransparency,<br />
etc!”. Many male advocates<br />
expressed surprise on Twitter as<br />
well, many of them evidently having<br />
had no idea how “quaint” the<br />
women’s robing room was.<br />
As Needham and many others<br />
succinctly articulated in 240<br />
character tweets, the campaign<br />
is about more than just a room.<br />
Robing rooms are a place where<br />
informal mentoring, networking<br />
and even substantive discussion<br />
on files takes place. Yet, for decades,<br />
women litigators have had<br />
to tolerate (albeit not always happily)<br />
small, cramped and sometimes<br />
non-existent robing rooms.<br />
We’ve waited by the doors of the<br />
courthouse while our male colleagues<br />
have taken forever to get<br />
changed out of their robes. And<br />
we’ve been briefed on important<br />
robing room discussions about<br />
our files on the walk back from<br />
Court. Even more broadly, the<br />
#RobingRoom campaign is about<br />
inclusion and the women’s robing<br />
room being representative of the<br />
systemic inequality that is pervasive<br />
in the legal profession.<br />
To its credit, less than a day after<br />
the initial Twitter storm, the LSO<br />
replaced the “Lady Barristers” sign<br />
and responded to say: “We appreciate<br />
the concerns outlined in the<br />
petition about the women’s robing<br />
room at Osgoode Hall and we are<br />
looking into options. We’ll provide<br />
an update as soon as we are able.”<br />
Then, on Feb 20, LSO announced:<br />
“Change is coming! We’re working<br />
to create one dedicated gender-neutral<br />
space for all barristers<br />
to robe & network in what’s now<br />
the men’s robing room. Modifications<br />
are needed to support personal<br />
privacy in the washrooms.<br />
Once complete the space will be<br />
open to all. We are working out<br />
specific plans and timelines. Please<br />
stay tuned for updates as we work<br />
to ensure robing & networking facilities<br />
are inclusive & welcoming.<br />
In the meantime, please continue<br />
to respect people’s privacy.”<br />
The Twitter campaign to make<br />
the Osgoode Hall robing room<br />
facilities fair illustrates just how<br />
quickly change can happen when<br />
fearless advocates speak out<br />
about an issue and work together<br />
using the power of social media<br />
to make change. To be sure,<br />
there are far bigger injustices and<br />
battles to be fought but achieving<br />
an inclusive space for counsel at<br />
the building housing Ontario’s<br />
highest Court is an important and<br />
symbolic step forward.<br />
VANCOUVER<br />
Monday, April 8, <strong>2019</strong><br />
9:30 am to 3:35 pm<br />
UBC Robson Square, 800 Robson St.<br />
CALGARY<br />
Tuesday, April 9, <strong>2019</strong><br />
9:30 am - 3:30 pm<br />
Hotel Le Germain, 899 Centre Street SW<br />
EDMONTON<br />
Wednesday, April 10, <strong>2019</strong><br />
1:00 p.m. to 4:30 p.m<br />
The Sutton Place Hotel Edmonton<br />
10235 101 St NW<br />
10 11
SIGNATURE CONFERENCE<br />
Tricks of the Trade <strong>2019</strong>:<br />
Cyberspace and back<br />
Sabrina A. Lucenti, Dooley Lucenti LLP<br />
The personal injury bar got their usual head start in <strong>2019</strong> with the annual Tricks of the Trade<br />
Conference in Toronto. Conference chairs Patrick J. Brown, McLeish Orlando LLP, Susan E.<br />
Gunter, Dutton Brock LLP and Peter W. Kryworuk, Lerners LLP lead a great lineup of speakers<br />
who provided updates on recent court decisions, hot topics in the law and trial advocacy tips.<br />
This year’s Tricks took the audience on a wonderful journey through the #digitalworld.<br />
Rikin Morzaria, McLeish Orlando LLP (@RikinMorzaria) discussed social media evidence<br />
from the investigation phase through to trial. He covered what you need to know about<br />
preserving and producing social media evidence during the discovery process and a case<br />
law update on disclosure obligations and the use of social media evidence at trial.<br />
Daniel Michaluk, Hicks Morley (@danmichaluk) gave us a refresher on privacy law including<br />
everything you need to know about the tort of inclusion upon seclusion and a case law update<br />
on the exclusion of evidence obtained in breach of privacy. In a time when people are<br />
sharing their day-to-day happenings with hundreds of their closest “friends”, where do we<br />
draw the line on one’s reasonable expectation of privacy? Asking for a friend.<br />
Catherine Bruder of Bruder<br />
Springstead LLP gave a case law<br />
update on how to get your social<br />
media and surveillance evidence<br />
before the court at trial.<br />
Everyone knows the way to a<br />
personal injury defence lawyer’s<br />
heart is through surveillance.<br />
However, there is nothing<br />
more heart wrenching than<br />
having the evidence excluded.<br />
Avoid the unknowns of a voir<br />
dire. When in doubt, disclose!<br />
Chris Bentley, Legal Innovation<br />
Zone (@Chris_Bentley) talked<br />
about artificial intelligence and<br />
the future of personal injury litigation.<br />
As the first legal tech incubator,<br />
Chris explained how the<br />
savvy LIZ team and their partners<br />
are developing fast, simple,<br />
affordable decision-making techniques<br />
and solutions to improve<br />
legal services and the justice<br />
system. To learn more about LIZ<br />
and their affiliated startups visit<br />
www.legalinnovationzone.ca<br />
When the voyage through<br />
cyberspace was complete, the<br />
unplugged portion of the conference<br />
took the audience back<br />
to basics.<br />
The Advocates’ Society welcomed<br />
keynote speaker Erika<br />
Chamberlain, Dean of Law<br />
at of the University of Western<br />
Ontario. Dean Chamberlain<br />
took the audience on a journey<br />
through the evolution of the<br />
duty of care in negligence. Dean<br />
Chamberlain discussed recent<br />
trends in the law that suggest<br />
that the courts may be moving<br />
towards a more fact-specific or<br />
category-based inquiry when<br />
determining whether a duty of<br />
care exists. For torts and other<br />
sorts, follow Dean Chamberlain<br />
at @lawdeanerika.<br />
Last, but certainly not least, the<br />
panel of @SCJOntario_en judges<br />
(yes, the Ontario Superior Court<br />
of Justice is on Twitter) gave novice<br />
advocates trial tips (not tricks)<br />
on qualifying an expert witness<br />
and choosing the right expert.<br />
Here are some key takeaways:<br />
(1) Eliminate the guesswork.<br />
Write out for the court the area<br />
in which you seek to qualify your<br />
expert and in which he or she will<br />
give opinion evidence. (2) Forget<br />
the fillers. From the moment<br />
you choose your expert until the<br />
moment you qualify him or her<br />
at trial, focus in on education,<br />
training and experience. If your<br />
expert does not have the expertise<br />
necessary to assist the court,<br />
do not risk losing your case by<br />
calling the expert anyway. Finally,<br />
the panel was unanimous in<br />
saying to all advocates: “get up<br />
on your feet and try your cases”.<br />
#nocomputersneeded<br />
Another great day of learning<br />
and collegiality at Tricks of the<br />
Trade. See you next January!<br />
12 13
TAS REPORT<br />
New one-judge civil case<br />
management pilot project<br />
Jeffrey J. Kroeker, B.A. (Hons.), J.D, Civis Law LLP<br />
On January 23 rd , <strong>2019</strong>, The Advocates’ Society hosted its annual Evening with the<br />
Commercial List reception with honoured guests Regional Senior Justice, The<br />
Honourable Geoffrey Morawetz; Commercial List lead judge, The Honourable<br />
Justice Glenn Hainey; and his Commercial List judicial colleagues, Justices Victoria<br />
Chiappetta, Barbara Conway, Bernadette Dietrich, Thomas McEwen, Laurence<br />
Pattillo, and Michael Penny. With more than 70 lawyers attending, the bench and<br />
bar were able to have discussions about issues and experiences regarding Court<br />
processes in an informal setting.<br />
This event was generously<br />
sponsored by NERA<br />
Economic Consulting.<br />
Lead judge of the Commercial<br />
List, Justice Hainey gave<br />
an address that strongly encouraged<br />
lawyers to embrace<br />
case management as a means<br />
to produce more effective<br />
and timely results. Justice<br />
Hainey stressed that he and<br />
his fellow judges are working<br />
to make the Commercial List<br />
more efficient, user-friendly,<br />
and responsive to litigants<br />
with the aim of providing<br />
timely and cost-effective service<br />
to commercial clients.<br />
With that in mind, Justice<br />
Hainey discussed the merits<br />
of a new One-Judge Model<br />
pilot project which landed<br />
on February 1 st , <strong>2019</strong>, where<br />
parties can consent to have<br />
one judge assigned at the<br />
outset of a civil proceeding.<br />
Under this pilot initiative, a<br />
single judge will case manage<br />
all pre-trial hearings; case<br />
conferences; and, the trial<br />
itself (only settlement-related<br />
case conferences will be<br />
presided over by a different<br />
judge). The aim of the pilot<br />
is to allow judges to become<br />
entirely familiar with the issues<br />
in the dispute and will<br />
allow judges to vet particular<br />
issues before scheduling<br />
interlocutory motions.. Of<br />
note: The Advocates’ Society<br />
worked with other legal organizations<br />
to support the<br />
Court in its development of<br />
the pilot program, as part<br />
of the Society’s commitment<br />
to improving our justice system<br />
and enhancing access<br />
to justice. You can expect to<br />
hear more from the Society<br />
about the program following<br />
its launch. In the meantime,<br />
for more information, please<br />
review the Practice Advisory<br />
on the website of the Ontario<br />
Superior Court of Justice.<br />
Another exciting evolution<br />
announced by Justice Hainey<br />
is the mandatory “Digital<br />
hearing workspace pilot project”.<br />
As of February 11, <strong>2019</strong>,<br />
documents can be uploaded<br />
to a digital workspace website<br />
hosted by the Court.<br />
Owing to increases in judicial<br />
workloads and lengthy<br />
wait times for trials on both<br />
the Commercial and Estates<br />
Lists, Justice Hainey indicated<br />
a judicial shift toward more<br />
frequent use of case conferences<br />
to resolve as many<br />
issues as possible before<br />
contested motions are even<br />
scheduled. Justice Hainey<br />
also noted that full and partial<br />
Summary Judgment Motions<br />
will no longer be scheduled<br />
at 9:30am meetings in<br />
Chambers. Counsel wishing<br />
to bring full or partial<br />
summary judgment motions<br />
must first schedule a case<br />
conference to have the merits<br />
of their matter vetted by<br />
a judge before a motion can<br />
even be scheduled. Counsel<br />
at the event were also urged<br />
to limit 9:30am meetings in<br />
Chambers to a 10-minute<br />
maximum. If a 9:30am Chambers<br />
appointment is expected<br />
to exceed 10 minutes,<br />
counsel are strongly encouraged<br />
to arrange a case conference,<br />
which can also be<br />
scheduled within a relatively<br />
short period of time.<br />
Finally, nominations for the<br />
Commercial List Users Committee<br />
(CLUC) will be open<br />
for new members of CLUC for<br />
the fall. Justice Hainey is encouraging<br />
all to serve on the<br />
CLUC, which is for a 3-year<br />
term. For more information<br />
click here.<br />
14 15
INTERNATIONAL WOMEN’S DAY<br />
International Women’s Day:<br />
a modern consideration<br />
of the centuries long<br />
struggle for equality<br />
Yola S. Ventresca, Lerners LLP<br />
18 th Annual Spring Symposium<br />
Wednesday, April 24, <strong>2019</strong> | 9:00 am - 4:00 pm | The Carlu, College Park, Toronto, ON<br />
What sets Spring Symposium apart from every other civil litigation conference?<br />
ADVOCACY. It’s what our members do and, for nearly two decades, we have advanced the<br />
work of advocates with Spring Symposium. Join us on April 24 in Toronto and experience<br />
rich, collegial learning that focuses on what you do every day – ADVOCACY.<br />
One of the iconic images of revolutionary movements that have shaped the course of world<br />
history is a grainy photograph of thousands of women textile workers crowding the streets<br />
of Petrograd, then the capital of the Russian Empire, on <strong>March</strong> 8, 1917. The date had been<br />
purposefully chosen. For years, in fact, in both Europe and North America, <strong>March</strong> 8 had<br />
come to be associated with the gathering global movement for women’s rights, most urgently<br />
the right to vote. The women textile workers were marching in the streets of the<br />
Russian capital, their banners declared, for ‘bread and peace’. They were protesting bread<br />
shortages and, more broadly, an increasingly unpopular and destructive war effort whose<br />
disastrous direction was laid squarely at the feet of a repressive, derelict Tsarist regime.<br />
The Advocates’ Society 17
Though it was scarcely evident<br />
to anyone at the time,<br />
even to the most acute observer,<br />
the march for bread and<br />
peace sparked a movement<br />
that would, in short order, destroy<br />
one of the world’s longest-surviving<br />
dynasties, usher<br />
in a radical political, social and<br />
economic experiment with its<br />
own repressive and violent impulses,<br />
and fuel revolutionary<br />
dreams and delusions around<br />
the world. What began as a<br />
protest among women textile<br />
workers, who were among the<br />
most exploited segments of<br />
Russia’s working class, sparked<br />
what came to be known as the<br />
February Revolution, as the<br />
women’s march morphed into<br />
citywide demonstrations that<br />
virtually paralyzed the capital<br />
of one of the world’s major<br />
powers in the middle of a<br />
cataclysmic global war. Within<br />
a week, Tsar Nicholas II had<br />
abdicated, yielding power to<br />
the Provisional Government<br />
which, in turn, was toppled<br />
several months later by Lenin<br />
and the Bolsheviks during<br />
what came to be known as the<br />
October Revolution.<br />
It was not the first time in<br />
history, nor would it be the<br />
last, that women in a given<br />
place and time transgressed<br />
the norms and conventions of<br />
their day to articulate a vision<br />
of a better world. It is commonplace<br />
to attribute to these<br />
pioneering women’s marches<br />
a rather traditional motivation<br />
– women as wives and mothers<br />
taking to the streets and<br />
public squares to exert their<br />
moral influence as keepers of<br />
hearth and home, on matters<br />
that were deemed “proper” to<br />
the domestic sphere.<br />
Yet this commonplace assumption<br />
obscures the essential<br />
political feature of what has<br />
come to be celebrated as International<br />
Women’s Day. Well before<br />
the decisive, epochal events<br />
that flowed from the Russian<br />
women’s march for bread and<br />
peace in 1917, the marches, protests<br />
and celebrations of <strong>March</strong> 8<br />
were fundamentally about challenging<br />
and changing the structures<br />
of power and privilege that<br />
sustained gender discrimination,<br />
inequality, exploitation, harassment<br />
and violence; hence the<br />
importance of the right to vote for<br />
that pioneering generation of the<br />
women’s rights movements. For<br />
much of history, and across cultures,<br />
mobilizing women in the<br />
public sphere meant crossing<br />
boundaries; it meant challenging<br />
cultural and legal constraints that<br />
deprived women everywhere<br />
of basic political rights and legal<br />
status, as well as the social, educational<br />
and economic opportunities<br />
that flowed from having<br />
political rights and legal status.<br />
Over one hundred years<br />
have passed since the women<br />
of Petrograd helped to spark a<br />
global revolution whose reverberations<br />
are felt to this day. It<br />
goes without saying that things<br />
have changed for the better;<br />
so much so that we have<br />
come to embrace International<br />
Women’s Day as an occasion<br />
to celebrate women’s historic<br />
achievements with perhaps<br />
little more than a symbolic nod<br />
to the lessons of history.<br />
It’s wholly understandable to<br />
want to focus on the present,<br />
and the future, which is what<br />
the women marchers and activists<br />
of previous generations<br />
did. But the lessons of the<br />
past can help to put the challenges<br />
of today, and tomorrow,<br />
in their proper perspective,<br />
thereby empowering us<br />
to challenge the norms, conventions<br />
and practices that<br />
sustain systemic gender discrimination,<br />
harassment and<br />
violence. It’s commonplace to<br />
hear that we are so very far<br />
removed from the structures<br />
and attitudes that justified the<br />
exploitation of those Russian<br />
women textile workers a century<br />
ago. While the social and<br />
political context certainly has<br />
changed, the fact is that subtle<br />
and not-so-subtle barriers to<br />
equality, parity and opportunity<br />
remain. Gaps persist, for<br />
instance, between women and<br />
men in access to, and mobility<br />
in, STEM-related fields. Gaps<br />
persist between women and<br />
men in wages and professional<br />
opportunity in emerging fields.<br />
Gaps persist between women<br />
and men in access to education.<br />
Gaps persist between women<br />
and men in terms of parenting<br />
demands and expectations. And<br />
gaps persist between women<br />
and men in terms of access to<br />
the corridors of power – political<br />
and economic. In the legal profession,<br />
for instance, for all the<br />
advances women lawyers have<br />
made in recent decades, gaps<br />
persist in terms of access to the<br />
upper ranks of power and decision<br />
making; gaps persist that<br />
continue to favour traditional<br />
male dominated paths to advancement<br />
in the profession,<br />
caused primarily by turning a<br />
blind eye to the systemic barriers<br />
that inhibit a level playing<br />
field between women and men.<br />
And, as I write this on the eve<br />
of International Women’s Day<br />
<strong>2019</strong>, I would be remiss not to<br />
give a nod to the mini-revolution<br />
we saw this past month,<br />
when a group of like-minded<br />
women lawyers, banded<br />
together (with the support of<br />
many male allies), to march<br />
digitally to demand parity in<br />
the robing rooms at Osgoode<br />
Hall. A revolution that was met<br />
with quick success; evidence<br />
of the power of mobilizing<br />
women’s voices.<br />
18 19
THE FUTURE OF ADVOCACY<br />
A Digital Hearing Workspace<br />
for the Commercial List<br />
Brent J. Arnold, Gowling WLG<br />
The Commercial List has long been a leader in the Ontario courts in adopting procedural<br />
innovations and embracing technology in (and out of) court. The latest example of this forward<br />
thinking takes the form of the Digital Hearing Workspace, which recently completed<br />
testing and was rolled out on February 11, <strong>2019</strong>, all courtesy of the MAG Innovation Office.<br />
The Commercial List accepts and encourages parties to submit materials electronically. The<br />
Superior Court’s Guide Concerning e-Delivery of Documents in the Ontario Superior Court of<br />
Justice provides guidelines for the preparation and formatting, naming and filing of documents<br />
in this manner, and the current<br />
practice is to file documents on<br />
USB keys in addition to paper<br />
copies. But USB keys are easy to<br />
misplace, and judges reportedly<br />
end up with drawers full of them.<br />
The new Workspace provides a<br />
collaborative, interactive online<br />
portal for sharing and filing electronic<br />
versions of documents.<br />
Documents can be uploaded<br />
to a party’s portion of the<br />
case site, and then shared with<br />
the parties and court. Once<br />
posted to the site, they can be<br />
downloaded or opened on the<br />
site in their native format or<br />
viewed in a portal viewer that<br />
allows quick navigation of the<br />
document. Limited annotation<br />
functions are available in the<br />
portal viewer as well.<br />
(A screen capture of the Workplace case dashboard, using<br />
dummy documents from a test session.)<br />
The MAG anticipates eventually<br />
rolling out the Workspace<br />
for use in civil, criminal<br />
and family matters following<br />
a successful proof-of-concept<br />
on the Commercial List. For<br />
now, you’ll still need to file<br />
paper copies as well, but the<br />
Workspace represents a big<br />
step in what (I hope) will be a<br />
drive toward paperless courts<br />
in the future.<br />
20 21
AN EVENING WITH THE COMMERCIAL LIST<br />
Wednesday, January 23, <strong>2019</strong> | TAS Education Centre, Toronto ON<br />
TRICKS OF THE TRADE <strong>2019</strong><br />
Friday, January 25, <strong>2019</strong> | The Carlu, Toronto ON<br />
The Honourable Justice Mark L.J. Edwards, Superior Court of Justice , The Honourable<br />
Justice Darla A. Wilson, Superior Court of Justice, Peter W. Kryworuk, Lerners LLP<br />
Robert L. Love,<br />
Borden Ladner Gervais LLP<br />
Dean Erika Chamberlain, University of Western Ontario Faculty of Law<br />
22<br />
The Hon. Glenn Hainey,<br />
Robert Macdonald, Fogler, Rubinoff LLP;<br />
Christopher A.W. Bentley,<br />
Lisa Armstrong,<br />
Daniel Michaluk,<br />
Ontario Superior Court of Justice<br />
Monique Jilesen, Lenczner Slaght<br />
Legal Innovation Zone<br />
Strigberger Brown Armstrong LLP<br />
Hicks Morley Hamilton 23<br />
Stewart Storie LLP
CROSS-EXAMINATION: STRATEGIES FOR SUCCESS<br />
Wednesday, January 30, <strong>2019</strong> | TAS Education Centre, Toronto, ON<br />
The John P. Nelligan Award<br />
for Excellence in <strong>Advocacy</strong> <strong>2019</strong><br />
Tuesday, May 14, <strong>2019</strong> | Reception: 6:00 p.m. | Dinner: 7:00 p.m.<br />
Shaw Centre, 55 Colonel By Drive, Ottawa | Dress: Business Attire<br />
Please join us as we honour William J. Sammon, Barnes, Sammon LLP<br />
with The John P. Nelligan Award for Excellence in <strong>Advocacy</strong>.<br />
The John P. Nelligan Award for Excellence in <strong>Advocacy</strong> is a tribute to a<br />
member of the bar in the Ottawa region. This dinner is a celebration<br />
of excellence for a leading advocate who has demonstrated their<br />
distinction as counsel, made a significant contribution to the profession<br />
of law and to the well-being of the community at large.<br />
Ticket(s) are $135 per person plus HST<br />
Registration closes Wednesday, May 7, <strong>2019</strong><br />
Steve Tenai, Aird & Berlis LLP, Alan Mark, Goodmans LLP, Sandra Barton, Gowlings WLG,<br />
Raj Anand, LSM, WeirFoulds LLP<br />
ADMINISTRATIVE TRIBUNAL ADVOCACY<br />
Tuesday, February 12, <strong>2019</strong> | TAS Education Centre, Toronto, ON<br />
To learn more or register, click here<br />
Generously Sponsored by:<br />
24 25<br />
Premier Dinner Sponsor Supporter<br />
Supporter<br />
Alexandra S. Clark, Ministry of the Attorney General, Jennifer L. McAleer, Fasken Martineau DuMoulin LLP,<br />
David P. Jacobs, Watson Jacobs McCreary LLP
TOP CASES IN COMMERCIAL LITIGATION<br />
Wednesday, February 20, <strong>2019</strong> | TAS Education Centre, Toronto, ON<br />
Paul Guy, Thornton Grout Finnigan LLP, Mark Ross, Ross Barristers P.C., Erin Pleet, Thornton Grout Finnigan LLP,<br />
George Pakozdi, Boghosian + Allen LLP, Atrisha S. Lewis, McCarthy Tétrault LLP<br />
THE INSIDE STORY: ADVOCACY AT THE INTERSECTION OF<br />
LITIGATION AND THE BUSINESS OF CANNABIS<br />
Wednesday, February 27, <strong>2019</strong> | Arbitration Place, Toronto, ON<br />
<strong>2019</strong> End of Term Dinner <br />
Thursday, June 20, <strong>2019</strong> | Cocktail Reception: 5:30 pm | Dinner: 7:00 pm<br />
Metro Toronto Convention Centre, North Building, 255 Front Street West, Toronto<br />
Black Tie | A member-only event<br />
Generously sponsored by:<br />
VICTORY VERBATIM<br />
REPORTING SERVICES, INC.<br />
26<br />
Speakers: Matt Maurer, Torkin Manes LLP, Sony Gokhale, General Counsel, The Supreme Cannabis Company<br />
Premier Dinner Sponsor<br />
Cocktail Reception Sponsor<br />
After-Party<br />
Photo Booth Sponsor<br />
After-Party<br />
Patio Sponsor<br />
After-Party<br />
Zone Sponsor
TAS MEDAL DINNER HONOURING BRYAN FINLAY, Q.C.<br />
Tuesday, February 12, <strong>2019</strong> | Hilton Toronto, Toronto, ON<br />
LABOUR & EMPLOYMENT:<br />
WOMEN’S BREAKFAST ON SOCIAL MEDIA<br />
Friday, <strong>March</strong> 1, <strong>2019</strong> | TAS Education Centre, Toronto, ON<br />
Bryan Finlay, Q.C., WeirFoulds LLP, and family<br />
Denise Sayer, Paris & Company, Erin H. Durant, Borden Ladner Gervais LLP, Erin C. Cowling, Freelance Litigator & President of Flex<br />
Legal Network Inc., Kelly Doctor, Goldblatt Partners LLP, P.A. Neena Gupta, Gowling WLG (Canada) LLP<br />
BARRIE COURTHOUSE: THE EFFECTIVE WITNESS<br />
Thursday, <strong>March</strong> 7, <strong>2019</strong> | Barrie Courthouse, Barrie, ON<br />
The Honourable Ian Binnie, C.C., Q.C., Arbitration Place<br />
28 29<br />
Bryan Finlay, Q.C., WeirFoulds LLP,<br />
and TAS President Brian Gover, Stockwoods LLP<br />
Bryan Finlay, Q.C., WeirFoulds LLP
www.advocates.ca