Keeping Tabs - Winter 2020

Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.

Stay up-to-date on news and events from our Young Advocates' Standing Committee (YASC) with Keeping Tabs.


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The Advocates’ Society<br />

<strong>Winter</strong> <strong>2020</strong>


04<br />

06<br />

08<br />

11<br />

14<br />

16<br />

19<br />

20<br />

22<br />

Chair Chat<br />

Malik Martin, Rueters LLP, Toronto<br />

Young Advocates in the News<br />

Compiled by Carlo Di Carlo, Stockwoods LLP, Toronto<br />

TAS Report: Commercial Litigation Practice Group<br />

Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP, Toronto<br />

Towards Mental Health<br />

Caitlin Regan, Cox & Palmer, Halifax<br />

YASC in the Community: Pro Bono<br />

Louis Century, Goldblatt Partners LLP, Toronto, Carlo Di Carlo, Stockwoods<br />

LLP, Toronto, Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP, Toronto<br />

TAS Report: Thunder Bay Career Panel<br />

Alexandra McCallum, White Macgillivray Lester LLP, Thunder Bay<br />

TAS Report: Vancouver Big Mingle<br />

Kaitlyn Meyer, Hakemi & Ridgedale LLP, Vancouver<br />

TAS Report: Financial and Tax Planning Advice<br />

Victoria Sorge, Student-at-Law, Bartlet & Richardes LLP, Windsor<br />

Book Review<br />

Amanda Rosenstock, Student-at-Law, Grinhaus Law Firm, Toronto<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 />

Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.<br />

24<br />

Interview with Janani Shanmuganathan<br />

Compiled by Carlo DiCarlo, Stockwoods LLP, Toronto<br />

Editor: Denise Cooney, Paliare Roland Rosenberg Rothstein LLP<br />

Denise.Cooney@paliareroland.com<br />

<strong>Keeping</strong> <strong>Tabs</strong> Editorial Team: Alexandra Shelley, Torys LLP, Caroline Youdan, Fasken Martineau LLP, Carlo Di Carlo, Stockwoods<br />

LLP, Emilia Coto, Lisa Jørgensen, Ruby Shiller Enenajor DiGiuseppe, Barristers<br />

The Young Advocates’ Standing Committee (“YASC”) is a standing committee of The Advocates’ Society with a mandate to be a<br />

voice for young advocates (advocates who are ten years of call or fewer) within the Society and within the profession. We do this<br />

through networking/mentoring events, by publishing articles by and for young advocates, and by raising issues of concern to<br />

young advocates as we work with the Society’s Board of Directors. The opinions expressed by individual authors are their own<br />

and do not necessarily reflect the policies of The Advocates’ Society.<br />



(Click on the program to learn more)<br />


A New Year<br />

Malik Martin, Rueters LLP<br />

FEB 03<br />

Advocacy and<br />

Persuasion As<br />

In-House Counsel<br />

Toronto<br />

FEB 05<br />

Family Litigation<br />

on a Shoestring<br />

Budget<br />

FEB 06<br />

Toronto Mentoring<br />

Dinner Series<br />

Toronto<br />

My grandfather, a brash, hard-drinking<br />

Texan, was born and raised on<br />

a ranch during the Depression, the<br />

youngest of eleven children. A sports<br />

star and high-school valedictorian in<br />

the segregated South, he attended<br />

a historically black university near<br />

Houston where he met my grandmother.<br />

My grandmother grew up in<br />

the bayou. Raised by her own grandmother,<br />

Big Mama, she spent her<br />

childhood taking in laundry, selling<br />

herbal remedies, and serving drinks<br />

at a juke joint, where she put her<br />

tremendous memory to use counting<br />

cards in blackjack games. A star<br />

student at her local high school, she<br />

entered university at sixteen. Almost<br />

70 years later, here I am, a partner<br />

at a law firm in Toronto – choppin’ in<br />

some tall cotton – as she liked to say.<br />

The past year saw the defeat of<br />

one of the Law Society of Ontario’s<br />

first steps toward implementing<br />

the promotion of equality, diversity<br />

and inclusion in our profession, the<br />

Statement of Principles. The opposition<br />

to and defeat of that modest initiative<br />

was disheartening. It was disheartening<br />

to those of us for whom<br />

equality means, at the least, the opportunity<br />

for our contributions to be<br />

assessed fairly against those of our<br />

peers; diversity means seeing oneself<br />

reflected in the spaces where<br />

we spend most of our lives; and inclusion<br />

means at least being allowed<br />

into those spaces. So, what now?<br />

When I asked my grandparents<br />

how they managed to make their<br />

way through the world in the face<br />

of both direct and subtle efforts to<br />

stop them, they’d say, “Just keep on<br />

walkin’ and act like you belong. You’ll<br />

get there soon enough.” As this New<br />

Year begins and you reengage with<br />

your practices and the profession or<br />

restart the job hunt, I want to say this<br />

to all of you: Keep on walkin’, y’all.<br />

We’ll get there soon enough.<br />

If you’d like to contribute to<br />

<strong>Keeping</strong> <strong>Tabs</strong> please contact our<br />

editor, Denise Cooney at:<br />

Denise.Cooney@paliareroland.com<br />

FEB 12<br />

Legal Drafting<br />

for Litigators<br />

Toronto<br />

FEB 27<br />

Ottawa<br />

Courthouse<br />

Ottawa<br />

FEB 20<br />

Administrative<br />

Tribunal Advocacy<br />

Toronto<br />

MAR 03<br />

Sudbury<br />

Courthouse<br />

Sudbury<br />

FEB 26<br />

Digital Evidence<br />

for Litigators<br />

Toronto<br />

FEB 20<br />

1 st Annual<br />

Vancouver<br />

Gala Dinner<br />

Vancouver<br />

FEB 27<br />

London<br />

Courthouse<br />

London<br />

4 5


Young Advocates<br />

in the News<br />

Compiled by:<br />

Carlo Di Carlo, Stockwoods LLP<br />

Donate Your Rate<br />

to support Pro Bono Canada<br />

Our Donate Your Rate TAS Gives Back campaign asks members to donate<br />

just 15 minutes of their billable rate to Pro Bono Canada. Our collective<br />

power has the ability to raise hundreds of thousands of dollars to make a<br />

difference for Canadians in need of access to justice.<br />

· Ontario’s law society is tying itself in knots over diversity and compelled speech –<br />

CBC, Sept 6, 2019. Atrisha Lewis of McCarthy Tetrault LLP is quoted in this article<br />

regarding the debate at the Law Society regarding the statement of principles.<br />

Visit www.advocates.ca to Donate Your Rate today!<br />

· CN Tower’s owner says book cover violates trademark – Toronto Star, Oct 3, 2019.<br />

Ren Bucholz of Paliare Roland LLP comments on the case of his client, Canadian<br />

author James Bow. Mr. Bow was facing an allegation of trademark infringement for<br />

putting an image of the CN Tower on the cover of his novel.<br />

· Court hearing Ontario students’ fight over opt-out of supplementary fees – CBC,<br />

Oct 11, 2019. Louis Century of Goldblatt Partners LLP is quoted in this article summarizing<br />

his client’s case which sought to challenge the Ontario Government’s decision<br />

to allow university students to opt out of union fees.<br />

· Ousted Toronto city councillor Jim Karygiannis seeks reinstatement at hearing –<br />

Globe and Mail, November 21, 2019. Stephen Aylward of Stockwoods LLP, is quoted<br />

in this article discussing the decision wherein Toronto City Councillor Karygiannis<br />

sought reinstatement after scrutiny of his financial statements led to his dismissal<br />

from City Council. Stephen represented Adam Chaleff, the citizen whose concerns<br />

led to scrutiny of Mr. Karygiannis’s financial statements.<br />

· Yes, your boss can fire you for things you say. Toronto Star, Nov 25, 2019. Annamaria<br />

Enenajor of Ruby Shiller Enenajor DiGiuseppe LLP is quoted in this article<br />

that discussed the termination of Don Cherry from HNIC and the scope of freedom<br />

of expression more generally.<br />

6 7


Business Development<br />

Strategies for Women<br />

and Allies<br />

Sapna Thakker, Lax O’Sullivan Lisus Gottlieb<br />

On November 28, 2019, The Advocates Society’s Commercial Litigation<br />

Practice Group hosted a panel discussion in Toronto on business development<br />

for women and allies, featuring Wendy Berman (Cassels Brock &<br />

Blackwell LLP), Eliot N. Kolers (Stikeman Elliott LLP), Scott Hutchison (Henein<br />

Hutchison LLP), and Shara Roy (Lenczner Slaght Royce Smith Griffin<br />

LLP). Reena Lalji (Bank of Montreal) moderated the discussion. The panelists<br />

offered practical tips on how women in private practice can build their<br />

profiles, develop business, and effectively work with allies. Here are three<br />

takeaways from the discussion.<br />

1. Maintain relationships<br />

Lawyers who remain in private practice<br />

should anticipate that some of their law<br />

school classmates and former colleagues will<br />

move into roles where they will be responsible<br />

for hiring and supervising external legal<br />

counsel. It is important to maintain these<br />

relationships, which can be excellent referral<br />

sources in the future.<br />

2. Be conscious of how you report to your clients<br />

One of the best ways to win over a client is to<br />

project confidence. Wendy Berman suggested<br />

that in reporting victories to clients, women<br />

should make a point to report the victory first,<br />

and any additional details after, while delivering<br />

the message in their authentic voice.<br />

3. Advice on mentoring<br />

Allies, both men and women, have an important<br />

role in promoting women at work. As Scott<br />

Hutchison said about a generation of men who<br />

want to help, “we are hopeless.” He suggested<br />

the best way for women to ensure that they are<br />

being put in client-facing roles is to be specific<br />

and ask. Similarly, Eliot Kolers recommends what<br />

he calls the Jerry McGuire approach to mentorship.<br />

He asks his mentees to “help me help you”<br />

by making specific requests for what they want,<br />

whether that be to be put on a file, to be introduced<br />

to a specific client, or to run a meeting.<br />

8 9


Ottawa<br />

President’s<br />

Reception<br />

Thursday, January 30, <strong>2020</strong><br />

5:30 PM - 7:30 PM<br />

The Rideau Club<br />

99 Bank St<br />

Ottawa, ON K1P 1H4<br />

Mark your calendar. Please join us for an<br />

evening of collegiality. Bring a colleague<br />

and reconnect after the holidays with the<br />

bench and bar.<br />

To learn more visit<br />

www.advocates.ca<br />

The End is Not the End:<br />

How a leave of absence<br />

helped make me a<br />

better lawyer<br />

Caitlin Regan, Cox & Palmer<br />

I am a commercial and construction litigator at the wonderful firm of Cox &<br />

Palmer in Halifax. I am a fourth-year associate and, by all accounts, a hard worker<br />

and dedicated lawyer.<br />

And this year, I took a six-week leave of absence.<br />

A bit of background is necessary to understand why I am writing about this, and why<br />

I think it matters; so, indulge me while I set the scene.<br />

I was called to the bar in 2015. Between law school and articles, I volunteered with<br />

a Crown Attorneys’ office. I took three weeks off between the end of articles and<br />

starting as an associate. I spent two of those weeks shadowing Crowns to prepare to<br />

become a per diem Crown.<br />

In other words, I loved my work and I loved to work. A lot. That continued into practice.<br />

My hard work was reflected in the professional opportunities I received. I made submissions<br />

in the Court of Appeal during articles; I won my first injunction six months<br />

after being called to the bar; I ran and won my first solo trial in 2017.<br />

I don’t tell you these things to brag. But to understand why what happened next was<br />

10 11

so difficult, you need to understand the standards<br />

to which I held myself professionally. I<br />

don’t think I am unique amongst lawyers in this<br />

respect; the vast majority of us are ambitious<br />

and unyielding in our pursuit of perfection.<br />

Then came 2019. In January, I received a significant<br />

medical diagnosis. I had my first treatment<br />

on my birthday in March. Later in March,<br />

the main partner I worked with was appointed<br />

to the bench. In May, my husband and I separated.<br />

A week later I found out my first medical<br />

treatment was not successful. Finally in June, an<br />

issue with a friend was the final straw.<br />

I couldn’t eat;<br />

I couldn’t sleep.<br />

I was tense,<br />

anxious,<br />

and withdrawn.<br />

I couldn’t focus.<br />

I couldn’t eat; I couldn’t sleep. I was tense, anxious,<br />

and withdrawn. I couldn’t focus. I would<br />

later find out that I was taking far too much of<br />

a certain medication. It was a perfect storm. In<br />

short, I had reached my breaking point.<br />

I had always prided myself on being able to<br />

“push through” anything; to be able to out-work<br />

and out-prepare any problem. But now, I physically<br />

couldn’t do it.<br />

I spoke immediately with my firm. When they<br />

suggested I could take a leave of absence up to six<br />

months (or longer, if I needed it), I was horrified.<br />

I felt like everything I had worked for, the reputation<br />

that I had painstakingly begun to cultivate,<br />

was lost. Everyone would know me as the<br />

lawyer who “just couldn’t hack it”. It was exactly<br />

the opposite of who I had always tried to be. I<br />

was sure my career would be forever marred by<br />

my inability to “cope”.<br />

I was required to give up all of my files while<br />

on leave. Although I now recognize this was essential,<br />

at the time I was sure I would return to<br />

a practice picked clean by other lawyers who<br />

could “handle it”, and to clients who were no<br />

longer confident in me or my abilities.<br />

In reality, this could not have been further<br />

from the truth. My group seamlessly took over<br />

my files and promised to hand them back when<br />

I was ready. They encouraged me to take the<br />

time I needed to get healthy. I was told, “We<br />

want you to have an entire, successful career<br />

with us; in the grand scheme of things, this won’t<br />

matter at all. Your health has to come first.”<br />

Slowly, with the help of my family and my doctor,<br />

I came to appreciate the physical harm that<br />

stress can do to a person and the consequences<br />

of ignoring it.<br />

I came back, as scheduled, after six weeks. I<br />

started out slow. My firm hired new associates,<br />

which helped to distribute the workload. No<br />

one batted an eye when I said that I was working<br />

from home a few days a week.<br />

I was soon astounded (and relieved) to find<br />

that I was flourishing. Despite my trepidation,<br />

no one “stole” my files – they were well-managed<br />

and transitioned back without complaint.<br />

None of my clients fired me; my client relationships<br />

were as strong as ever. I won my first appeal<br />

as first chair. By the end of this year, I will<br />

have been first chair on two more appeals, and<br />

co-counsel on successful interlocutory submissions<br />

to the Supreme Court of Canada.<br />

There is a misconception about what taking<br />

time to address your physical and mental health<br />

will do to your practice. It is not a death knell. It<br />

can be a necessary, and beneficial, part of a professional<br />

life.<br />

Take care of yourselves. Find firms, friends,<br />

and healthcare professionals who will do the<br />

same. Your practice will thank you for it and,<br />

above all, you deserve nothing less.<br />

1 st Annual<br />

Calgary Gala<br />

Thursday, April 2, <strong>2020</strong><br />

The Fairmont Palliser,<br />

133 9th Avenue SW, Calgary, AB<br />

Calgary’s 1st Annual Gala will take place<br />

next April. Mark your calendar and stay<br />

tuned for more information on The<br />

Advocates’ Society’s inaugual gala evening<br />

for advocates in Calgary.<br />

To learn more or register visit<br />

www.advocates.ca<br />

Signature Sponsors:<br />

Supporters:<br />

12 13


Pro bono opportunities<br />

through TAS<br />

Compiled by:<br />

Louis Century, Goldblatt Partners LLP<br />

Carlo Di Carlo, Stockwoods LLP<br />

Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP<br />

In 2019, the Young Advocates’ Standing Committee created a working<br />

group dedicated to encouraging members’ participation in pro bono initiatives.<br />

Below are accounts from five TAS members about their experiences<br />

with various pro bono programs available through TAS. More<br />

information on these and other programs are available on the TAS pro<br />

bono page: https://www.advocates.ca/TAS/Advocacy/Pro_Bono/TAS/Advocacy_Pages/Pro_Bono.aspx<br />

TAS-PBO Consumer Protection Initiative<br />

The YASC Pro Bono working group recently facilitated<br />

the launch of a partnership between<br />

The Advocates’ Society and Pro Bono Ontario<br />

called the TAS-PBO Consumer Protection Initiative.<br />

This Initiative matches pro bono lawyers<br />

with consumers who have been victimized by<br />

predatory door-to-door sales contracts. Glynnis<br />

Hawe (Paliare Roland Rosenberg Rothstein<br />

LLP, 2017) has represented consumers, often<br />

immigrants, in extremely difficult circumstances<br />

after being sued by predatory lenders. Hawe<br />

describes these files as a “particularly great experience<br />

for junior lawyers” and “an opportunity<br />

to run a case from beginning to end and” up<br />

to and including a trial. Glynnis says her clients<br />

are “incredibly grateful for the assistance and<br />

I’ve been incredibly lucky to get to know them.”<br />

Duty counsel for LSO discipline hearings<br />

Duty counsel provide advice and representation<br />

to unrepresented lawyers and paralegals<br />

in summary prosecutions before the Law<br />

Society of Ontario’s Tribunal. Files range from<br />

summary advice to multi-day hearings. Daniel<br />

Naymark (Naymark Law, 2009) notes “there is<br />

more demand for the service than capacity,<br />

so you will be doing a public good and getting<br />

great hearing experience.” In one case, the Tribunal<br />

specifically acknowledged the important<br />

role he played as duty counsel: “The outcome of<br />

the matter before me was directly attributable<br />

to the diligent, exhaustive and comprehensive<br />

efforts of Duty Counsel.”<br />

Ontario Securities Commission Litigation<br />

Assistance Program (LAP)<br />

Pro bono lawyers provide litigation services to<br />

unrepresented respondents in enforcement proceedings<br />

before the Ontario Securities Commission.<br />

Maureen Doherty (Borden Ladner Gervais<br />

LLP, 2013) has represented several individuals<br />

and corporations through the LAP: “I have attended<br />

at preliminary appearances and provided general<br />

advice on the Commission procedure.” She<br />

describes the LAP as “an invaluable opportunity<br />

to get to know the procedures of the Commission”<br />

while also supporting unrepresented individuals<br />

in need of legal help, and getting to know<br />

fellow securities litigators around her year of call.<br />

Amicus/Duty Counsel Program at the Court<br />

of Appeal<br />

Through the Amicus/Duty Counsel Program,<br />

lawyers assist litigants with matters before the<br />

Court of Appeal. The program “helped me to<br />

understand how difficult it was for an individual<br />

to navigate the legal system without legal expertise<br />

or resources,” said Emily Fan (Lerners LLP,<br />

2011) who has been involved in the program for<br />

seven years. For Fan, the most rewarding part is<br />

helping clients find clarity around legal issues:<br />

“Sometimes it was not the answer they were<br />

looking for and I was unable to solve every issue.<br />

However, I always saw the moment where<br />

they gained a better understanding of the way<br />

forward or what to expect.”<br />

Law Help Ontario<br />

Through Law Help Ontario, lawyers volunteer to<br />

provide summary advice to clients. In some cases,<br />

volunteers provide more substantial assistance,<br />

including conducting Small Claims Court trials.<br />

“Helping people navigate our legal system is incredibly<br />

rewarding. The clients at Law Help Ontario<br />

are usually quite stressed and upset when<br />

they come into the office due to being involved in<br />

a lawsuit,” notes Sarah Naiman (Intact Insurance<br />

Company, 2014) who has volunteered with the<br />

program since 2015. She notes that “I also learn a<br />

lot myself every time I attend and it has made me<br />

a far better litigator as a result.”<br />

14 15


Six Tips for Summering<br />

and Placement<br />

Alexandra McCallum,<br />

White Macgillivray Lester LLP<br />

Late last year, a panel of five newly minted lawyers from the Thunder Bay<br />

bar met with students from the Lakehead Bora Laskin Faculty of Law to offer<br />

some practical advice about how to get the most out of the summering<br />

and placement process. Below are the top tips provided by the panel:<br />

1. Keep an open mind<br />

While you may have started your law school career with a particular path in<br />

mind, be open to exploring new areas of law. You may find that your personality<br />

and skills are best suited to an area of practice that you had never considered. As<br />

a student, this is your chance to test the waters and see what’s out there.<br />

2. Use this as a learning opportunity<br />

Even if you don’t see yourself practising at the firm where you end up during<br />

your summer or placement, use every opportunity to develop your legal skills<br />

and workplace competencies. Learn how to draft legal documents, write professional<br />

and succinct letters, and navigate the administrative requirements of<br />

seeing a file to completion. Skills are transferable<br />

and your base knowledge will come in handy no<br />

matter where you end up.<br />

3. Participate<br />

Try to attend after-work social events or volunteer<br />

in the community. Not only is this a great<br />

way to build your network as a future lawyer, it<br />

can also provide valuable insight into the initiatives<br />

that are important to your firm and to the<br />

needs of the community you serve.<br />

4. Develop and practice workplace<br />

communication skills<br />

Take this opportunity to observe how other<br />

lawyers communicate, both with clients and<br />

with colleagues. Fostering relationships is just<br />

as important as honing your legal skills.<br />

5. Develop your research skills<br />

Learn how to navigate online research platforms<br />

like Westlaw and Canlii. Also, never underestimate<br />

the power of a book—when faced<br />

with a legal problem, it’s helpful to start with a<br />

general treatise that lays out the governing statute<br />

and leading case law.<br />

6. Know your value<br />

You may be a student with much to learn,<br />

but keep in mind that you also have something<br />

to contribute. Put your best work forward,<br />

but don’t be afraid to voice concerns<br />

or make mistakes. Choose a firm that is willing<br />

to teach and guide you through the early<br />

stages of your career.<br />

Take these tips with you as you embark on<br />

your summering and placement positions and<br />

remember to view this opportunity as another<br />

step in your legal education. Take full advantage<br />

of the opportunity to observe the inner<br />

workings of a law firm, to explore the various<br />

areas of law, and to develop the skills you will<br />

carry with you in your future practice.<br />

Special thanks to the panel members:<br />

Jeffrey J. Moorley (Moderator) -<br />

White Macgillivray Lester LLP<br />

Alexandra McCallum - White Macgillivray Lester LLP<br />

Amy Grann - Matthews Dagsvik Law<br />

Eric Zablotny - MacIvor Scrimshaw Nelson LLP<br />

Hayley Yorke - O’Neill Associates<br />

Nathan Wainwright - Cheadles LLP<br />

16 17

1 st Annual<br />

Vancouver<br />

Gala Dinner<br />

Thursday, February 20, <strong>2020</strong><br />

Terminal City Club,<br />

837 West Hastings Street, Vancouver, BC<br />

Join us for The Advocates’ Society’s first<br />

annual Vancouver gala exclusively for the<br />

bench and bar.<br />

To learn more or register visit<br />

www.advocates.ca<br />


Vancouver Big Mingle<br />

Kaitlyn Meyer<br />

Hakemi & Ridgedale LLP<br />

Generously Sponsored by:<br />

Premier Dinner Sponsor<br />

Host Cocktail Sponsor<br />

Supporter<br />

YASC’s second annual Vancouver Big Mingle took place on November 6, 2019 at Mahony<br />

& Sons. The event was attended by over 80 law students, articling students,<br />

judicial law clerks and lawyers from various practices throughout the city. As always,<br />

the event was a great opportunity for YASC members to connect in a casual setting,<br />

and expand their networks. A special thank you to Fasken Martineau DuMoulin LLP<br />

and Pender Litigation for generously sponsoring this event.<br />

18 19


The First 10 Years:<br />

Setting the Right Financial<br />

and Tax Planning Habits<br />

for Success<br />

Victoria Sorge, Student-at-Law,<br />

Bartlet & Richardes LLP<br />

On October 23, 2019, The Advocates’ Society hosted “The First 10 Years Setting<br />

the Right Financial and Tax Planning Habits for Success”, in Windsor,<br />

Ontario. The event was generously sponsored by Baker Tilly Windsor LLP.<br />

Successful Financial and Tax Planning Habits:<br />

Brian Cowell, Chartered Professional Accountant, presented on setting<br />

Successful Financial and Tax Planning Habits. Mr. Cowell described the different<br />

tax implications for self-employed lawyers, and advised that newly<br />

self-employed lawyers should set aside money<br />

for taxes owing throughout the year. He<br />

found that many young lawyers do not save in<br />

advance for their required tax payments, and<br />

without proper planning can quickly fall behind.<br />

He also suggested that young lawyers should<br />

consider tax implications of establishing a Professional<br />

Corporation (PC) as their legal business<br />

entity. Mr. Cowell stressed that PCs allow<br />

employers to earn significant income, retain<br />

substantial business assets, and save for the<br />

future, while limiting non-professional liability.<br />

But, PCs can be complicated to set up and can<br />

produce high annual administration costs. He<br />

suggested young lawyers discuss business formations<br />

with an accountant before proceeding.<br />

Mr. Cowell also provided tips on how good<br />

client management practices foster successful<br />

financial management habits. For example, billing<br />

regularly ensures both lawyers and clients<br />

are clear on the work performed, and the value,<br />

nature and complexity of that work.<br />

Finding Balance:<br />

Denise Hrastovec, Chartered Professional Accountant,<br />

and Peter Hrastovec, Shibley Righton<br />

LLP, addressed the importance of building<br />

stress resilience through maintaining healthy<br />

practices. Their advice covered a broad array<br />

of topics, included finding recovery and adjustment<br />

in stressful times, understanding personal<br />

limits, committing to hobbies, making healthy<br />

lifestyle choices, and looking to your workplace<br />

for support when needed.<br />

The moderators also discussed the effects<br />

workplace environments can have on productivity.<br />

Employees tend to feel happier and more<br />

valued in workplaces which prioritize open communication<br />

and safeguard against toxic work<br />

environments. To promote employee wellness<br />

and a positive work environment, employers<br />

should share policies and corporate objectives<br />

with employees, provide proper training and<br />

mentorship, conduct regular performance reviews,<br />

and implement workplace activities.<br />

20 21


“Inclusive Justice”:<br />

The legacy of Prime<br />

Minister Kim Campbell<br />

Amanda Rosenstock, Student-at-Law,<br />

Grinhaus Law Firm, Toronto<br />

In her memoir, Time and Chance, The Right Honourable Kim Campbell recounts<br />

her remarkable journey to becoming Canada’s only female prime<br />

minister and first female Minister of Justice. Her memoir tells the story of<br />

a lawyer who broke the gender barrier to bestow upon the country a rich<br />

legacy of “inclusive justice”. 1<br />

After being appointed Minister of Justice in February 1990, Campbell set<br />

out to ensure that the justice system would serve all Canadians. 2 Heavily<br />

influenced by the introduction of the Charter and her belief that the Department<br />

of Justice should be one of the “creative centres of government”, 3<br />

she spearheaded a public consultation process<br />

to redraft a new rape shield regime in response<br />

to the Supreme Court’s ruling in R v Seaboyer.<br />

Bill C-49, passed in June 1992, reaffirmed the<br />

principle that evidence of a complainant’s prior<br />

sexual history is not generally admissible in sexual<br />

assault trials. 4<br />

Campbell’s next major achievement was the<br />

passage of our modern-day gun control legislation<br />

which required that every firearm in<br />

Canada be stored under lock and key. 5<br />

Towards the end of her tenure as Minister of<br />

Justice and shortly before becoming the first<br />

woman to serve as Minister of National Defence<br />

and Minister of Veterans Affairs Campbell used<br />

her clout to reverse a policy that prohibited gay<br />

Canadians from serving in the military. 6<br />

On June 25, 1993, Kim Campbell was sworn in<br />

as Prime Minister of Canada. Although her tenure<br />

in Canada’s highest office would only last<br />

four months, her political achievements are the<br />

embodiment of her personal motto: “Seek Wisdom,<br />

Conquer Fear, Do Justice.” 7 Her story is a<br />

must-read for current and aspiring advocates.<br />

Notes<br />

1. Kim Campbell, Time and Chance: The Political Memoirs of Canada’s<br />

First Woman Prime Minister, 4th ed (Right Honourable Kim<br />

Campbell, 2017) at 131.<br />

2. Ibid at 109.<br />

3. Ibid at 128.<br />

4. Ibid at 144.<br />

5. Ibid at 172.<br />

6. Ibid at 175.<br />

7. Ibid at 349.<br />

22 23

Do you know a young advocate that we<br />

should feature in an upcoming Interview?<br />

Click here to email us with your suggestion.<br />

Q. Sticking with Twitter, in the summer you tweeted about an incident where, despite<br />

the fact that you were gowned, the court officer called you a “student”. Why did you<br />

Tweet about that?<br />

A. In the last few years, I have become increasingly vocal about how people in court (e.g. staff,<br />

other lawyers, judges etc.) sometimes mistake me for someone other than a lawyer (e.g. an interpreter,<br />

assistant, articling student etc.). In response, some have said that perhaps the reason for<br />

this mistake is because I look so young. But on this particular day when the court officer saw me,<br />

I was completely gowned. There was no reason for him to mistake me for someone other than<br />

a lawyer. And yet something about me – be it my youth, my gender, or the colour of my skin –<br />

overshadowed the fact that I was in a gown and made the court officer think that I couldn’t be a<br />

lawyer. This encounter was a prime example of unconscious bias in our profession and I wanted<br />

people to hear about it.<br />


Q. What do you want non-racialized lawyers to know about<br />

moments when racialized lawyers get treated in a manner that<br />

appears to be affected by unconscious bias?<br />

A. It hurts. It makes me feel like I will never truly be accepted and<br />

treated like a lawyer in this profession.<br />

Q. What is your<br />

year of call?<br />

A. 2012<br />

Janani Shanmuganathan,<br />

Goddard Nasseri LLP<br />

Compiled by Carlo DiCarlo, Stockwoods LLP<br />

Q. What is your favourite part about your practice?<br />

A. Working with family. I have two partners: one is my husband (Owen Goddard) and the other is<br />

like a brother to me (Justin Nasseri), so firm meetings are like family dinners. What could be better?<br />

Q. Who is your legal hero? Why?<br />

A. To be honest, I am still on the hunt for my hero.<br />

Q. How would your colleagues<br />

describe you?<br />

A. Passionate, dedicated<br />

and fearless.<br />

Q. Why did you become a litigator or advocate?<br />

A. I’ve only ever wanted to be a lawyer.<br />

Q. You’ve worked with FACL on its initiative on Twitter to help lawyers pronounce the<br />

names of racialized lawyers. Why is this initiative important to you?<br />

A. Despite being a lawyer for more than seven years, I am often only ever referred to as<br />

“counsel” in court, even when co-counsel and the Crown are all referred to by name. By<br />

doing this video, I wanted to show people that my name is not that difficult to pronounce –<br />

jenna-knee shan-mu-ga-na-than – so that I receive the same treatment that other lawyers do.<br />

Q. What is one of your most<br />

significant files?<br />

A. Representing Mr. Nur in R. v. Nur,<br />

2015 SCC 15 – the first time in 30 years<br />

that the Supreme Court of Canada<br />

found a mandatory minimum sentence<br />

unconstitutional.<br />

Q. What is your favourite case that you have<br />

done? Why?<br />

A. After nine days of deliberating, a jury acquitted<br />

my client of first-degree murder. The feeling<br />

of seeing your client walk out of the prisoner’s<br />

dock – after years in custody – and into the arms<br />

of his family is simply amazing.<br />

24 25

Ottawa Social<br />

Friday, November 1, 2019 | Norca Restaurant & Bar, Ottawa, ON<br />

Courthouse Series <strong>2020</strong><br />

Getting to<br />

the Point<br />

Effective written and oral advocacy is critical<br />

to your success as a litigator. Attend<br />

the <strong>2020</strong> Courthouse Series: Getting to the<br />

Point, and learn practical strategies for clear<br />

and concise written and oral advocacy.<br />

London<br />

February 27, <strong>2020</strong><br />

Ottawa<br />

February 27, <strong>2020</strong><br />

Sudbury<br />

March 4, <strong>2020</strong><br />

Kingston<br />

March 5, <strong>2020</strong><br />

Windsor<br />

March 5, <strong>2020</strong><br />

Barrie<br />

March 11, <strong>2020</strong><br />

Milton<br />

May 4, <strong>2020</strong><br />

Kitchener<br />

May 14, <strong>2020</strong><br />

Kitchener<br />

May 28, <strong>2020</strong><br />

Hamilton<br />

Date TBA<br />

Thunder Bay<br />

March 10, <strong>2020</strong><br />

To learn more or register visit<br />

www.advocates.ca<br />

26 27

Toronto Young Advocates’ Social<br />

Wednesday, November 13, 2019 | Pravda Vodka Bar, Toronto, ON<br />

Class Actions Bench & Bar Reception<br />

Thursday, November 14, 2019 | The Advocates’ Society, Toronto, ON<br />

28 29

Santa Claus Parade Party<br />

Sunday, November 17, 2019 | Campbell House Museum, Toronto, ON<br />

President’s Festive Reception<br />

Thursday, December 5, 2019 | The Advocates’ Society, Toronto, ON<br />

TAS President, Scott Maidment, McMillan LLP<br />

30 31


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