Advocacy Matters - Fall 2019

ADVOCACY MATTERS
The Advocates’ Society
FALL 2019

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CONTENTS
Chair Chat
Hilary Book, Book Law
Equality, Diversity and Inclusion
Yashoda Ranganathan,
Constitutional Law Branch, Ministry of the Attorney General
TAS Report – Mid-Career Mingle
Rahool Agarwal, Lax O’Sullivan Lisus Gottlieb LLP
TAS Report – Middle Temple Amity Visit
Andrew Gibbs, Department of Justice Canada
Quirky Case
Tamara Ramsey, Dale & Lessman LLP
Highlights From Women In Litigation
Compiled by Tamara Ramsey, Dale & Lessmann LLP
Diversity in the Profession
Yola S. Ventresca, Lerners LLP (London)
TAS Report – Fall Convention
Ewa Krajewska, Borden Ladner Gervais LLP
Interview with Jacqueline Horvat
Compiled by Brent J. Arnold, Gowling WLG (Canada) LLP
Editor: Brent J. Arnold, Gowling WLG (Canada) LLP
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
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COMING UP
(Click on the program to learn more)
CHAIR CHAT
DEC 05
President’s
Festive
Reception
(Toronto)
DEC 11
Leading Your Case:
Opening Statements
and Exam-in-chief
(Toronto)
DEC 17
Civility in
Changing Times
(Toronto)
Harvesting Excellence
Hilary Book, Book Law
JAN 15
Young
Advocates’ Social
(Toronto)
JAN 31
Tricks of
the Trade 2020
(Toronto)
JAN 22
Cross-Examination:
Strategies for
Success
(Toronto)
FEB 20
1 st Annual
Vancouver Gala
Dinner
(Vancouver)
JAN 24
Business
Development for
Litigators
JAN 23
An Evening
with the
Commercial List
(Toronto)
JAN 30
Ottawa
President’s
Reception
(Ottawa)
The Advocates’ Society is well known for its excellent
CPD programs and the opportunities it
provides for socializing, collegiality and networking.
You’ll find lots of coverage of these
programs and events in this issue, which includes
reports from Yashoda Ranganathan
on the recent Equality, Diversity and Inclusion
for Litigators program, Rahool Agarwal on the
Mid-Career Mingle, Andrew Gibbs on Middle
Temple’s 2019 Amity Visit and Ewa Krajewska
on Fall Convention. Tamara Ramsay adds to
the on-going discussion on the always controversial
Oxford comma, while Yola Ventresca
examines the pitfalls of facetime in the Face-
Time era. Brent Arnold’s interview with Jaqueline
Horvat, founder of Spark LLP and LSO
Bencher, rounds out this issue.
While the Society’s programs and events are
well known, they are only part of the Society’s
mandate. Other central parts of the Society’s
mission are to improve access to justice, defend
the independence of the bar and the judiciary,
give back to the community, and improve diversity,
equity and inclusion within our community
of advocates. In my view, this is some of our
most important work, and I wanted to highlight
some recent activities in these areas:
· Diversity and Inclusion—One of the Strategic
Priorities for the Society in the 2019-
2020 term is to create a vibrant culture of
diversity and inclusion. The Society’s Diversity
and Inclusion Steering Committee, led by
Board member Kathleen Lickers, has been
tasked with identifying, developing and executing
on diversity and inclusion initiatives.
One of those initiatives has been the
creation of Leadership Principles. The Principles
were recently adopted by the Board,
and they are worth a read. They are concise
and clear, and set out important principles
for leaders in many types of roles, whether
at the Society or elsewhere.
· Access to Justice— The Society is regularly
asked to comment on proposals to
amend statutes and regulations. Most recently,
the Society was invited to and did
5

provide feedback on proposed amendments
to the Ontario Civil Remedies Act,
2001. The Society’s submission raised concerns
about the potential for the amendments
to erode public confidence in the
Ontario justice system. The Society noted
that civil forfeiture proceedings can be fueled
by stereotypes and suspicion, rather
than sound reasoning, and expressed
concern that administrative forfeiture
schemes could disproportionately impact
those who may already be vulnerable.
· Pro Bono—The Society has a long history
of involvement in finding and training volunteers
for pro bono programs. The Society
has recently teamed up with Pro Bono Ontario
to launch a new program to assist individuals
who have fallen prey to predatory
lenders in asserting their rights under consumer
protection legislation. Louis Century
of the Young Advocates’ Standing Committee
is spearheading this initiative. A launch and
training session for interested volunteers will
take place on November 27, 2019. For more
information and to register, click here
· TAS Gives Back—Volunteers are crucial
to making pro bono programs work, but so
is money. This year, Pro Bono Canada has
been selected as the recipient of the Society’s
annual TAS Gives Back Donate Your Rate
campaign. Pro Bono Canada helps support
formalized pro bono programs across the
country. The Hon. Dennis O’Connor, Chair of
Pro Bono Canada, recently spoke to the TAS
Board of Directors about Pro Bono Canada
and how a little can go a long way towards
making a real difference. We know our members
are asked to donate to many different
causes, but for those who are able to, I hope
you will strongly consider donating and helping
support access to justice across Canada
This will be my last Chair Chat until the new
year. I wish you all the best of the season, and a
new year full of good work, good health (mental
and physical) and whatever other good things
bring you joy.
Launch of
PBO/TAS
Consumer
Protection
Initiative
Wednesday, November 27, 2019
5:00 PM - 6:30 PM
Goldblatt Partners,
20 Dundas Street West, Suite 2039
Countless seniors, newcomers and vulnerable
Ontarians continue to fall prey to door-to-door
sales scams that leave them on the hook for
fees they can’t afford and equipment they
don’t need.
The Advocates’ Society and Pro Bono Ontario
are thrilled to announce a consumer
protection initiative that will give these
clients the help they need. Over 100 clients
are currently waiting for help.
Click here to register and join us at a free
CPD to learn how to fight back.

EQUALITY, DIVERSITY AND INCLUSION
Ambitious EDI program
for litigators moves TAS
closer to its goal of being
part of the solution
Yashoda Ranganathan,
Constitutional Law Branch,
Ministry of the Attorney General
A meme is circulating: a mother crouches down to eye level with her toddler and says something
to this effect: “Listen to me. Gender is a construct. Race is a construct. Money is a construct. But
bedtime is very, very real.”
Hilarious…because it is so very, very true.
But here’s the thing: a not-so-insignificant
portion of the legal profession in Ontario would
need every aspect of that meme explained.
That’s the moment we are in.
The Advocates’ Society (like every other legal
organization of its time) was not born as part of
the solution. Does that mean it will remain part
of the problem? In recent years, the increasingly
diverse leadership of the Society has been determined
to ensure that it does not.
As an impressive first step, the Society asked
Toronto EDI guru Shakil Choudhury and his organization
Anima Leadership to help the Society
to get woke. (If you haven’t read Shakil’s book
Deep Diversity, put it on your must read list).
And then this month, the Society followed up
with an ambitious afternoon program titled
Equality, Diversity and Inclusion for Litigators. Providing
practical tips for litigators, topics of the
program included: “Strategies for managing unconscious
bias and power dynamics in client interviews”,
“Knowing your witness: working with
diverse backgrounds and skill sets”, “Equality,
Diversity and Inclusion in the Courtroom” and
“Diversity and Inclusion in the Workplace”, as
well as a keynote presentation titled “The Culturally
Competent Advocate” by Osgoode Hall
Law Professor Jeffery G. Hewitt. The final panel
included fact scenarios that considered such indiscretions
as holding a cocktail party on Ramadan.
The formal program was followed by informal
roundtable discussions led by panelists and
program chairs, giving participants a chance to
share their experiences and views.
At the end of the day, it is likely the odd participant
left the program still not knowing how
real bedtime is, but there is no doubt that every
participant left with something to reflect upon.
And that is the beginning of the solution.
“Yashoda Ranganathan is Counsel in the
Constitutional Law Branch of the Ministry of
the Attorney General. The views expressed in
this article are her own and not those of the
Ministry of the Attorney General or the government
of Ontario.”
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EVENT REPORT
Mid-Career Mingle
Rahool Agarwal, Lax O’Sullivan Lisus Gottlieb LLP
President’s
Festive
Reception
On October 23, 2019, the TAS 10+ Committee
held its inaugural “Mid-Career Mingle”. The
event was held at the ping pong bar at The Walrus
(a great recent addition to the downtown
food/bar/fun landscape, and which boasts a
barber shop if you are in need of a quick haircut
between drinks).
The night started early at 5:00 pm, with the
hope of making it easier for lawyers with young
families to come to the event. The turnout was
excellent – about 80 people came to the event
– and we received very positive feedback about
the early start, so there may be more 10+ events
in the future with similarly early start times to
look forward to.
Lawyers from across the litigation bar dropped
in – sole practitioners, small firm, big firm, and
government. The night was filled with rousing discussions
about everything from recent cases to
the federal election to the Raptors’ championship
banner ceremony (which, as an aside, was perfect
in all respects and should never be criticized by
anyone). The food was also really tasty. My personal
favourite was the Yorkshire pudding.
All in all, it was a great night and a wonderful
opportunity to re-connect with old friends
and make some new friends. The goal of the
10+ Committee is to give busy mid-career advocates
chances to engage (and re-engage) with
TAS, the profession and with each other. On
this night, mission accomplished!
And, thank you to our sponsors, PricewaterhouseCoopers
and Lax O’Sullivan Lisus
Gottlieb LLP.
Thursday, December 5, 2019
5:30 PM - 7:30 PM
The Advocates’ Society
2700-250 Yonge Street,
Toronto, ON M5B 2L7
Mark your calendar. Please join your fellow TAS
members for an evening of collegiality and
festive cheer. This complimentary event is
exclusive to TAS members.
To learn more visit
www.advocates.ca
10 11

MIDDLE TEMPLE REPORT
Life Lessons from Justice
Abella: A Generation of
Justice’s Journey - Now What?
Andrew Gibbs, Department of Justice Canada
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.
London’s Honourable Society of Middle Temple
2019 Amity Visit began in Ottawa on September
18, 2019. Members of The Advocates’ Society
joined members of the UK bench and bar in the
glass atrium of the National Arts Centre to hear
the Hon. Justice Rosalie Silberman Abella deliver
the Treasurer’s Lecture entitled A Generation
of Justice’s Journey: Now what?
In a moving, personal account, Justice Abella
described justice as the application of law to
life. According to Justice Abella, we learn about
law by studying jurisprudence; we learn about
life by living and by reading literature. Literature
teaches empathy and exposes the reader
to different experiences and different perspectives.
Justice Abella also spoke passionately of
the evolution (or lack thereof) of human rights
around the world, from the heady days at the
end of the Second World War and the creation
of the United Nations to recent resurgences of
insularity and division. In thanking Justice Abella,
the Treasurer of Middle Temple said it was the
first time he had seen a standing ovation in response
to a Treasurer’s Lecture. I was honoured
to be present for this inspiring lecture delivered
in a wonderful, collegial atmosphere.
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.
13

QUIRKY CASE
Much ado about a comma:
Austin v. Bell Canada,
2019 ONSC 4757
Tamara Ramsey, Dale & Lessman LLP
This column features a case that is interesting
because of its quirkiness. This can include unusual
facts, a novel legal issue, or something
else that makes it out of the ordinary.
Austin v. Bell Canada is a case about the annual
indexing provision of a pension plan. This would
not normally qualify as interesting let alone
quirky if the case did not consider the contractual
significance of the sometimes-controversial
Oxford comma and, for all the grammar nerds
out there, the last antecedent rule vs. the series
qualifier rule. I had heard urban legends about a
million-dollar comma, but never thought I would
have the pleasure of reading a case about one.
This particular dispute is about whether the
cost of living increase for a pension plan for 2017
should have been 1% or 2%. The amounts for
each pensioner were insignificant, but cumulatively
it is a comma worth more than a million.
The case turns on basic math, basic grammar
and ultimately on the contextual interpretation
of the plan’s document and Justice E.M. Morgan
includes a fun survey of divergent views on the
significance of the comma in different cases. In
the end, the case is also a reminder that precise
drafting and grammar are always important.
The parties agreed that the percentage increase
for indexing over the previous year was
1.49371% and agreed that the plan required
the final number to be rounded to a single digit,
but disagreed on the rounding process.
The section of the plan with the troublesome
comma provided:
“Pension Index” means the annual percentage
increase of the Consumer Price Index,
as determined by Statistics Canada, during
the [relevant period].
The parties dispute was whether the annual
increase should (a) start with the rounded
number of 1.5% that was published by Statistics
Canada, or (b) start with the number rounded
to two digits as mandated in a different section
of the plan to 1.49%. Both parties pointed out
that the proper interpretation of the provision
depends on the importance one ascribes to the
comma between the words “Consumer Price Index”
and “as determined by Statistics Canada.”
Justice Morgan reviewed comments from
some other Canadian courts about the importance
of grammar, which include:
· “Canadian courts are ‘rightly cautious of
attaching too much significance to a single
punctuation mark’”;
· “Punctuation, particularly the comma, is essential
to written communication, and judges
cannot totally ignore it”; and
· “[T]he comma has earned its notoriety as a
troublemaker.”
With respect to the comma, Justice Morgan
concluded that:
· “The comma, it would seem, can mean everything
or nothing in a sentence, statutory
provision, or contractual clause;” and
· “Despite their physically small stature,
commas have created controversy in important
places.”
The grammar question in this case is whether
the phrase at the end of the list modifies
only the last item in the list or the entire series
of items where the comma appears at
the end of the list. There are two competing
grammar rules. First, the last antecedent rule
holds that the modifier “as determined by
Statistics Canada” would apply only to the
last item in the preceding sequence if there
was no comma preceding it. Second, the series
qualifying rule holds that where there is
a straightforward, parallel construction that
involves all nouns or verbs in a series then a
modifier that comes at the end of the list with
a comma separating it from the list normally
applies to the entire series. The application of
these grammar rules results in the phrase “as
determined by Statistics Canada” modifying
both the “Consumer Price Index” and the “annual
percentage increase.”
This was not the end of the matter. Justice
Morgan ultimately agreed that the grammar
rules were rebutted by the context of the plan
and by a reading of the plan as a whole. Justice
Morgan considered other sections of the plan
that required the Pension Index to be rounded
to two decimal places. There was evidence that
it was mathematically impossible to need to
round the number to two decimal places when
starting with a number from Statistics Canada
that is rounded to one decimal place.
Justice Morgan concluded “[T]here is no rule
of interpretation that would implement a version
of the [p]lan that renders it partly meaningless.”
More specifically, the words of the
contentious section did not reflect a modifying
rule for the series of two items that come before
it and that it was not intended to apply
the Statistics Canada rounding methodology
to the calculation of the annual percentage increase
in the Consumer Price Index.
Justice Morgan’s final line on this issue was:
“It was likely punctuated unconsciously; I do not
believe it was a legally induced comma.”
14 15

Highlights from Women in Litigation Symposium
The Symposium’s theme was Strength and Resiliency in Litigation and the panelists shared insights
and personal stories of success, failure and support. We identified some sub-themes that
permeated through the Symposium: Succeeding through Failure and Finding Your Mentor(s). In
addition, we were given insight into the important work being done by women advocates and
the support they provided to each other – in particular, by some women lawyers who were part
of the Inquiry into Missing and Murdered Indigenous Women and Girls who reminded us that it
is important to support each other and that we should all consider how to give life to the “Calls
for All Canadians in the Calls for Justice”.
HIGHLIGHTS FROM WOMEN IN LITIGATION
Succeeding Through Failure
Cynthia Spry, Babin Bessner Spry LLP
In a compelling panel comprised of Sandra Barton, Patricia Jackson and Ann Morgan,
the panelists provided reflections on “What I Wish I Knew When I Was New.” Their
message: it is up to you to define what success is, otherwise, your career may be
frustrating and unfulfilling. Trisha Jackson told an insightful story of self-defined success: in her first
appearance before the Supreme Court of Canada she didn’t win, but she had an exhilarating conversation
with the justices, in which she acquitted herself well. And this was despite a mere week to
prepare, and one hour of sleep the night before (the fire alarm rang all night). Why were these stories
of self-defined success inspiring? They were relatable, for all counsel and all levels of seniority.
Resiliency and other themes
from the TAS Women in
Litigation Symposium
Erin Farrell, Gowling WLG (Canada) LLP,
Cynthia Spry, Babin Bessner Spry LLP
Compiled by Tamara Ramsey,
Dale & Lessmann LLP
Finding your Mentor(s)
Erin Farrell, Gowling WLG
Mentorship was a major theme of the Symposium. Sandra Barton provided some
sage advice, namely to seek out and find a wise “Mr. Miyagi” for mentorship and inspiration.
You might find pieces of your Mr. Miyagi in different places. Don’t dismiss
a helpful learning experience with someone just because they may be flawed in other unrelated
aspects of their lives. Sana Halwani also discussed the strength that can be gained from your
peers. She recommended finding colleagues you can let your guard down around, and suggested
sharing and supporting each other through struggles. Christa Big Canoe recommended finding
colleagues who value parenting, caring for aging parents, social justice or whatever else is important
to you. In the words of Mr. Miyagi, “balance is key!”
16 17

Tricks of the
Trade 2020
Friday, January 31, 2020
9:00 am - 4:00 pm
Post-program cocktail reception
4:00 pm - 5:00 pm
The Carlu (College Park)
444 Yonge Street, 7th Floor, Toronto
Tricks of the Trade is ‘THE’ conference for
the personal injury bar, addressing current
challenges for both plaintiff and defence
counsel. Attend this exceptional program
and hear directly from judges and senior
litigators on the trends of 2019 and what
to expect in the year ahead. If you practise
personal injury law, this is one conference
you cannot afford to miss!
DIVERSITY IN THE PROFESSION
Facetime in the Era of
FaceTime: Working
Flexibly to Maximize
Talent Management
Yola S. Ventresca, Lerners LLP (London)
Early Bird Price Starts at: $558.33
Early Bird ends December 20, 2019
Eligible CPD Hours:
6.0 CPD Hours
The Advocates’ Society has been approved as an Accredited
Provider of Professionalism Content by the Law Society of
Ontario. For accreditation information outside of Ontario, please
visit www.advocates.ca
To learn more or register visit
www.advocates.ca
As I was finishing up this reflection, one of those
ubiquitous pings sounded on my phone heralding
the arrival of some social media notification.
Usually, I know better than to expose myself
to such distractions, most of them rather
trivial, while working on something that requires
sustained concentration. But for once I’m glad I
forgot to leave my phone on “do not disturb” as
the alert was a post about Persons Day – October
18 th – commemorating the monumental
day in 1929 when women were declared “persons”
before the law.
The historic decision in the Persons Case was
one of those milestone events in history that,
over time, revolutionized the status of women in
public life. It’s one of those markers in time; a decisive
moment when the legal system was ahead
of the curve, stepping out ahead of popular opinion
and political will to begin to dismantle one of
the many structural barriers that sustained the
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systemic marginalization of women in society.
I think it’s a very good thing to commemorate
an anniversary like Persons Day and use the occasion
to learn something about our past, and
about how far we’ve come. Yet, as I wrote in my
inaugural reflection, there’s always a risk when
we focus on celebrating milestone accomplishments.
Sure, these anniversaries focus our
attention on how far we’ve come. But we must
not lose sight of how far we still must go to address
the inequities and power imbalances that
impede the full and meaningful participation of
women in the legal profession, not to mention
in politics and society at large.
One of the most persistent barriers to women’s
full and equitable participation in the legal profession
arises from the issues women lawyers
face in navigating the challenges of reintegration
into practice after parental leave and, even
more importantly, in the years when they are
raising toddlers and small children.
Let’s be honest. For all the advances made by
women in the legal profession, much of legal
practice today remains wedded to a model of
time and talent management grounded in the
social practices and attitudes of thirty or more
years ago. The organizational behaviour expert
Jennifer Petriglieri speaks of this earlier time as
an era of ‘unbounded talent’. The unbounded
talent – almost always male – conformed to the
standard of the so-called ‘ideal worker’ – someone
fully committed to work, mobile and flexible
enough to work almost without any boundaries,
be they of time or travel. Without regard
to any childcare commitments, for instance, the
unbounded talent could make an 8 am breakfast
meeting. He could meet with clients in the
late afternoon - around the time the children
would need to be picked up from school. He
could attend that networking cocktail social –
when the children need to be put to bed. He
could travel out of town on a moment’s notice.
He could even relocate altogether if new and
exciting professional opportunities called. The
other spouse – usually female – would shoulder
the burden of the childcare and be unable to
be ‘unbound’ such that she would not have the
same chances for advancement.
Most law firms still place a premium on a culture
of ‘facetime’ – of being physically present
in the office, 9-to-5 as the saying goes (granted,
and realistically, much longer) and able
to handle hours outside of a child’s school or
daycare hours.
We need to ask ourselves: how do the demands
of being seen in the office square with
the lived experience of women in the law who
are navigating a return to work after parental
leave and with small children? How realistic
is it to expect her to make it to that breakfast
meeting? Even if she has a supportive partner
at home, or adequate (if costly) childcare
arrangements, is it a sound strategy of talent
management to insist on physical presence
that punishes her for having to leave the office
early each day to pick up her child; or for
cancelling a meeting because her child is home
sick from school? These expectations disproportionately
disadvantage women, ostracizing
an enormous part of the talent pool. This does
no one – not women in law, and not the firms
or clients – any good.
The important point is this: in the digital age
in which we live, it doesn’t make sense to cling
to outdated conventions and unnecessary practices.
We need to insist on changing workplace
structures and effecting change in the cultures
that undergird them.
The digital technologies of today have
changed the practice of law. With that comes
new challenges, but also new opportunities.
The speed, efficiency and security with which
information and communication occurs
makes it entirely possible to give people flexibility
to get work done ‘off-site’. What matters,
ultimately, is that it gets done and done
well. It’s the output that matters more than
where the work gets done.
Frankly, the model of the 10- or 12-hour workday
in the office is, for many professions like
law, a relic. My own productivity has improved
enormously through a practice called split-shift.
Most evenings, I’m home for supper and then I
return to work – remotely – in the evening, once
my five-year old has gone to bed. And while I’m
always keen to take on assignments outside the
office and out-of-town, I need reasonable notice
to make sure childcare can be arranged.
I believe this is less about achieving that elusive
‘work-life’ balance, and more about insisting
that professional practice respond to
the realities, and to the opportunities, created
by the technological and social changes of our
day. With the value placed on what is important
– quality and quantity of work, not location.
All of which means demanding flexible, equitable
and, above all, productive work arrangements.
The key is to work smartly, efficiently,
and in a manner that allows women to realize
the full potential of their talent – not just the
work they do, but also the advancement and rewards
for that work. The goal, after all, is to enable
professional achievement while promoting
personal well-being; it’s about talent unleashed
rather than unbound.
20 21

Donate Your Rate
to support Pro Bono Canada
Our Donate Your Rate TAS Gives Back campaign asks members to donate
just 15 minutes of their billable rate to Pro Bono Canada. Our collective
power has the ability to raise hundreds of thousands of dollars to make a
difference for Canadians in need of access to justice.
FALL CONVENTION 2019
Advocacy in the Bahamas
Ewa Krajewska, Borden Ladner Gervais LLP
Visit www.advocates.ca to Donate Your Rate today!
The 2019 Fall Convention took place at the
beautiful Rosewood Bar Mar resort in the Bahamas.
This year’s program had record attendance
of nearly 240 TAS members and guests
from across Canada. The two mornings of CPD
featured panels on diverse topics that brought
attendees up to speed on the admissibility of
social media evidence, privacy class actions,
family law intersections with estate freezes, and
Supreme Court decisions in bankruptcy law and
journalist source privilege. On the techie side,
we learned about the future of artificial intelligence
and how that may affect the way we practice.
We also enjoyed a fabulous, live demonstration
on how to actually run a paperless trial
with the assistance of tablets.
The CPD program also provided insights into
how advocates can make a difference in their
community. Retired justices from Canada and the
Bahamas spoke about their community involvement
to assist those who are less privileged and
lack access to the courts. A panel of young advocates
gave a presentation on using social media
to affect social change for causes that are important
to them. An inspiring keynote address from
Dr. David Goldbloom explored mental health in
the legal profession and why it is important that
lawyers and law firms speak more openly about
mental health. Finally, we were honoured to hear
from leaders in the Bahamian community about
recent hurricane relief efforts and the history of
Junkanoo which became a form of advocacy for
social change in the Bahamas.
There was, of course, some downtime for attendees
to enjoy the Bahamian sunshine, the
ocean and each other’s company. Various local
tours and two group dinners (hosted by our
sponsors PricewaterhouseCoopers Canada and
Heuristica Discovery Counsel LLP) also provided
a great opportunity for attendees to connect.
23

Jacqueline Horvat is a litigator and
a founding partner of Spark LLP,
a bencher for the Law Society of
Ontario, and a driving force behind
the Reclaim Pro Bono Project.
Q. Your firm is involved with the Reclaim Pro Bono Project. What would you like people to
know about that project?
A. The Reclaim Pro Bono Project (http://www.reclaimprobono.org/) is the first in a series of collaborations
between the University of Windsor Faculty of Law and Spark LLP aimed at addressing
issues of social injustice in online environments. This particular project is focused on helping the
victims of non-consensual distribution of intimate images, or “revenge porn.” This is a serious
violation that can have long-lasting emotional and financial impacts on its victims. However, only
a small number of revenge porn cases have been brought before Ontario courts. The Reclaim
Project hopes to remove some of the barriers currently preventing people from receiving the redress
they deserve. Spark LLP provides legal representation to clients on a pro bono basis, while
the University of Windsor provides research support to help develop the legal foundations and
arguments for bringing these sorts of claims.
INTERVIEW
In conversation with
Jacqueline Horvat, Spark LLP
Compiled by Brent J. Arnold,
Gowling WLG (Canada) LLP
Q. You’ve embarked on bold new initiative in starting Spark LLP. How did Spark get started
and what’s different about it?
A.Spark was born from a general dissatisfaction with the way that most law firms operate. We
wanted to break out of the mentality of doing things a certain way because “that’s how it’s always
been done” and look for new, better and cost-efficient ways to deliver high quality legal services
to our clients. One example is a billing concept that ensures clients of Spark will never be charged
more than one concurrent hourly rate when benefitting from the legal experience and brainpower
of multiple Spark lawyers working on their file.
Another example is a monthly subscription-based legal service aimed at providing small- and
medium-sized businesses with an “on call” lawyer who effectively acts as in-house counsel for a
variety of day-to-day legal issues. Also, one of our core beliefs as a firm is that maintaining a meaningful
involvement in our legal community is a necessary part of being a lawyer.
Time for the lightning round!
Q. You were the youngest lawyer ever elected bencher when you began your
first term. Any advice for young lawyers thinking about running in the next
bencher election?
A. If you are serious about running in 2023, my best advice is to start getting
your name and face out there now. It’s never too early to become acquainted
with the issues that challenge our profession and the concerns of the public
whose interests you are elected to protect as a bencher. I’ve found that the best
way to understand these issues is to speak with members of the profession and
the community who have distinct backgrounds and perspectives.
Q. TV/movie lawyer you most
relate to and why?
A. Vincent LaGuardia “Vinny” Gambini
from My Cousin Vinny because we’re both
pretty short.
Q. During your commute
to work you are ...?
A. When in Toronto, fighting backpacks
and briefcases for space on the TTC.
Q. What drives you insane?
A. Misuse of the word fulsome. People
keep using this word. It does not mean
what they think it means. Also, any use of
the word penultimate. Or emails that start
with “Team:”
Q. Restaurant recommendation
for out of town counsel?
A. Depends, are you
opposing counsel?
24 25

Q. How long from the time you wake up in the morning to the time you first look at
your phone?
A. Instantly (is there any other answer?). I’ve actually caught myself looking at my phone before
I’m fully awake.
Q. Most proud moment as a litigator?
A. Next question.
Q. Most embarrassing moment
as a litigator? …
A. Next question.
1 st Annual
Q. word or phrase do you
most overuse?
A. The F-word, and I don’t mean fulsome.
Q. Your key to staying healthy in a
stressful profession?
A. Next question.
Vancouver
Gala Dinner
Q. A food you can’t stand?
A. Limp asparagus. Actually,
any asparagus.
Q. Favourite vacation spot?
A. Vacation?
Thursday, February 20, 2020
Terminal City Club,
837 West Hastings Street, Vancouver, BC
Join us for The Advocates’ Society’s first
annual Vancouver gala exclusively for the
bench and bar.
Q. Other than files, name 3 things that are always on your desk.
A. Why would you assume there are files on my desk?
To learn more or register visit
www.advocates.ca
Generously Sponsored by:
26
Q. Your best advice for young litigators just starting out?
A. Your client’s problems are theirs, not yours. Avoid losing objectivity and becoming
emotionally invested in a file. The best advice and representation you will provide
your client is when you analyze the dispute from a high level without the cloud
of subjectivity. That, and get a retainer.
Premier Dinner Sponsor
Host Cocktail Sponsor
Supporter

Winning Body Language for Litigators
Wednesday, October 30, 2019 | The Advocates’ Society, Toronto, ON
8 th Biennial Women in Litigation Symposium
Friday, October 25, 2019 | The Carlu, Toronto, ON
Anne Turley, Department of Justice, and Beth Symes, C.M., LSM, Symes Law
Mark Bowden, TRUTHPLANE®
Patricia D.S. Jackson, LSM, Torys LLP, Sandra L. Barton, Gowling WLG (Canada) LLP, Ann L. Morgan, Barrister & Solicitor,
and Reena Lalji, BMO Financial Group
The Hon. Justice Andromache Karakatsanis,
Supreme Court of Canada
28 29

Mid-Career Mingle
Wednesday, October 23, 2019 | Walrus Pub & Beer Hall, Toronto, ON
2020
End of Term
Dinner TM
1,300 TAS Members can’t be wrong!
Thursday, June 11, 2020
North Building
Metro Toronto Convention Centre
255 Front Street West
Toronto, ON
To learn more or register visit
www.advocates.ca
31

Atlantic Advocacy Symposium
Friday, October 25, 2019 | Hotel Halifax, Halifax, NS
1 st Annual
Calgary Gala
Thursday, April 2, 2020
The Fairmont Palliser,
133 9th Avenue SW, Calgary, AB
Jack Townsend, Nova Scotia Department of Justice, The Honourable Justice Cindy A. Bourgeois, Nova Scotia Court of Appeal,
Brian P. Casey, Q.C., Boyne Clarke
Moderator: Sheree L. Conlon, Q.C., Stewart McKelvey
Calgary’s 1st Annual Gala will take place
next April. Mark your calendar and
stay tuned for more information on
The Advocates’ Society’s innaugual gala
evening for advocates in Calgary.
To learn more or register visit
www.advocates.ca
Signature Sponsors:
Supporters:
32
Rory Rogers, Stewart McKelvey,
Michelle Awad, McInnes Cooper,
The Hon. Justice Denise Boudreau,
Supreme Court of Nova Scotia
Brian K. Awad, McInnes Cooper, and
The Honourable Michael J. Wood, Chief Justice of Nova Scotia

Middle Temple Amity Tour
Wednesday, September 18, 2019 – Saturday, September 21, 2019
Ottawa, ON, and Toronto, ON
ADR Advocacy: Advanced Techniques
Friday, November 1, 2019
The Advocates’ Society Education Centre, Toronto, ON
The Hon. Rosalie Silberman Abella, Supreme Court of Canada
Paul Michell, Lax O’Sullivan Lisus Gottlieb LLP, Lisa K. Talbot, Torys LLP, Larry Banack, Banack Resolutions,
and Craig Lockwood, Osler, Hoskin & Harcourt LLP
Scott Maidment, McMillan LLP
Katherine L. Kay, Stikeman Elliott LLP, Connie Reeve, Reeve Resolutions, Jeffrey S. Leon L.S.M., Bennett Jones LLP,
Kathleen Kelly, Kelly International Settlement, and The Hon. W. Ian C. Binnie, Lenczner Slaght
34 35

Fall Convention 2019
Wednesday, November 6, 2019 – Sunday, November 10, 2019
Rosewood Baha Mar, The Bahamas
Erin H. Durant, Borden Ladner Gervais LLP,
Breanna Needham, Borden Ladner Gervais LLP,
Atrisha S. Lewis, McCarthy Tétrault LLP,
and Dominique T. Hussey, Bennett Jones LLP
Arlene Nash-Ferguson,
Educulture Junkanoo Museum & Resource Centre
Dr. David S. Goldbloom, Centre for Addiction and Mental Health
36 37
Colin Baxter, Conway Baxter Wilson LLP
Emily Kirkpatrick, McEwan Partners, Jean-Marc Leclerc, Sotos LLP, Lindsey L. Love-Forester, Lerners LLP,
Tamara Prince, Osler, Hoskin & Harcourt LLP, Calgary, Justin Safayeni, Stockwoods LLP,
and Sarah J. Armstrong, Fasken Martineau DuMoulin LLP

www.advocates.ca