Keeping Tabs - Summer 2020

KEEPING TABS
The Advocates’ Society
Summer 2020

CONTENTS
04
06
09
12
14
Chair Chat
Chris Horkins, Cassels
A Call To Allyship: How to be an Effective Ally
Webnesh Haile, Singleton Urquhart Reynolds Vogel LLP
Reflecting on the Impact of COVID-19 on Practice
Compiled by Lisa Jørgensen, Ruby Shiller Enenajor DiGiuseppe, Barristers
Learning to Cope with Losses in Court
Annie Tayyab, Affleck Greene McMurtry LLP
TAS Goes Virtual
Claudia Cappuccitti, Dyer Brown LLP and
Chris Kinnear Hunter, Lenczner Slaght
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.
16
YASC Interview: Samantha Chang
Compiled by Carlo DiCarlo, Stockwoods LLP
and Alexandra K.W. Shelley, Torys LLP
Editor: Denise Cooney, Paliare Roland Rosenberg Rothstein LLP
Denise.Cooney@paliareroland.com
Keeping Tabs Editorial Team: Alexandra Shelley, Torys LLP, Caroline Youdan, Fasken Martineau LLP, Carlo Di Carlo, Stockwoods
LLP, Emilia Coto, Sisu Legal, Lisa Jørgensen, Ruby Shiller Enenajor DiGiuseppe, Barristers
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.
The Young Advocates’ Standing Committee (“YASC”) is a standing committee of The Advocates’ Society with a mandate to be a
voice for young advocates (advocates who are ten years of call or fewer) within the Society and within the profession. We do this
through networking/mentoring events, by publishing articles by and for young advocates, and by raising issues of concern to
young advocates as we work with the Society’s Board of Directors. The opinions expressed by individual authors are their own
and do not necessarily reflect the policies of The Advocates’ Society.
2 3

CHAIR CHAT
Chair Chat
Chris Horkins, Cassels
Over these past few months,
COVID-19 has forced us out of our
offices and courthouses, thrusting
many young advocates into the
challenge of working, parenting,
and surviving from home. Not long
after, the killing of George Floyd by
Minneapolis police sparked a wave
of protests against anti-Black racism
and police brutality. These moments
have been the catalyst for
reflection, upheaval and (hopefully
positive) change for society and for
our profession.
This issue of Keeping Tabs explores
both of these forces for change. Lisa
Jørgenson has compiled reflections
on the impact of COVID-19 on practice
from young advocates across
Canada in all areas of litigation practice.
Webnesh Haile’s article gives
practical advice on how we can all be
more effective allies.
YASC has been no exception to this
change. We’ve had to go back to the
drawing board to rethink how we deliver
on our promise of a welcoming
and inclusive community, a source
of learning and mentorship, and
a strong voice for the interests of
young advocates without being able
to gather and meet face to face. So
far, we’ve had some great successes:
• Young advocates participated in
online mentoring “dinners” allowing
seasoned lawyers from across
the country to connect with young
advocates and impart advice.
• 22 teams of young advocates
competed in our first ever Virtual
Trivia Challenge for Charity, raising
funds in support of Pro Bono
Canada. Congrats to the Filion
Wakely team for taking home the
(virtual) trophy!
• An online “Coffee Klatch”, pioneered
by YASC’s Health and Wellness
working group, gave young
advocates stuck at home alone
an opportunity for casual, drop-in
style networking to stay connected.
These examples are just the beginning.
Later this year, for example,
YASC will be hosting our popular, biennial
Fall Forum conference for young
advocates online with the theme of
“New Frontiers”. I will miss catching
up with friends in Blue Mountain this
year, but hope you’ll join us virtually
on October 23 for the same great programming.
If you have ideas for what
you’d like to see from YASC over the
next year, please feel free to contact
me at chorkins@cassels.com.
Fall Forum 2020:
New
Frontiers
Friday, October 23, 2020
2:00 pm - 5:30 pm
Live Online
TAS Members: $50 + HST
Non Members: $99 + HST
Our destination may have changed but the
heart of Fall Forum remains the same. The
Advocates’ Society, in conjunction with the
Young Advocates’ Standing Committee, is
pleased to present this one-of-a-kind event
for lawyers in their first ten years of practice.
Join YASC members from across the country
to explore issues that are relevant to you.
To learn more or register visit
www.advocates.ca
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A CALL TO ALLYSHIP
How to Be an Effective Ally
Webnesh Haile,
Singleton Urquhart Reynolds Vogel LLP
Recent events have spurred our societies to engage in difficult and important
conversations about race and privilege (the system of advantages granted to
people who fit into specific social groups, such as race, class, gender, sexual
orientation, religion, and so on). This moment presents a unique opportunity
for individuals, leaders and organizations within the legal community to
meaningfully consider their diversity and inclusion practices.
The business case for diversity and inclusion is also strong. Diverse teams
are more innovative, more adept at solving difficult problems, and achieve
better financial performance.
If you or your organization are thinking about ways to foster more diversity
and inclusion, consider focusing on allyship. Allyship is the practice
whereby those who hold positions of privilege take responsibility for making
changes to help those with less privilege overcome barriers to success.
Karen Catlin, a former vice president of engineering
at Macromedia and Adobe and current
leadership coach, has created a helpful
resource called “Better Allies”, based in part on
her experiences observing the attrition of women
in technology roles. Some of Catlin’s recommendations
to better support underrepresented
colleagues and contacts apply readily to the
legal world:
1. Be an ambassador for change – When helping
a colleague, step back and think about systemic
changes that will benefit others. Suggest
new processes that will change ingrained behaviours
and create a more inclusive culture,
focusing on what will help, rather than what
will “look good”. Examples from the legal field
include the implementation of blind hiring and
evaluation practices.
2. Listen, believe, learn – Be open to listening
to alternative perspectives from members
of underrepresented groups. Be willing to be
vulnerable; resist the urge to get defensive. Accept
that prejudice – which includes subconscious
bias – exists in our society, and in the
workplace. Take responsibility for educating
yourself, and taking action when you see harassment
or discrimination.
3. Share the load – Office “housework” is often
inequitably distributed. Calling on women and/
or members of underrepresented groups to
perform disproportionate amounts of non-billable
but necessary work may prevent them
from tackling more meaningful work, or require
them to work more hours in order to docket
the same number of billable hours. Consider
developing a rotation for tasks like scheduling
meetings, engaging in student mentorship or
representing the firm at diversity events, as appropriate.
4. Don’t be a gatekeeper, be a door opener –
Helping people from underrepresented groups
achieve their goals and advance their careers is
one of the most powerful things allies can do.
Ask the people you manage and mentor about
their goals. With permission, share them with
influencers. Hand out desirable assignments
equitably, and advocate fairly during performance
reviews and promotion discussions.
Of course, being an ally is a process. Don’t let
mistakes hold you back from taking action. As
a group, advocates are privileged in many respects.
As such, it is our responsibility to consider
whether we can and should be doing more to
engage in and foster allyship as individuals and
in our organizations.
6 7

GAIN THE EDGE! ®
Negotiation
Strategies for
Lawyers with
Marty Latz
Wednesday, September 30, 2020
1:00 pm - 4:00 pm
Live Online
You negotiate every day and yet most
negotiate instinctively or intuitively. This
seminar will help you approach negotiations
with a strategic mindset. And no matter how
much you’ve negotiated, you can still learn.
Adding one new tactic may make all the
difference. Join Martin Latz, one of North
America’s leading experts and instructors
on negotiating techniques.
To learn more or register visit
www.advocates.ca
A joint presentation with the
Law Society of Ontario.
TAS REPORT
Reflecting on the Impact of
COVID-19 on Practice
Compiled by Lisa Jørgensen,
Ruby Shiller Enenajor DiGiuseppe, Barristers
The COVID-19 pandemic has had a profound impact on our personal and
professional lives. It’s hard to believe how much has changed since March.
This month, we asked Young Advocates from coast to coast to reflect on their
COVID experiences to date.
“The pandemic has shown me that working from home and creating opportunities
for in-person interaction both play important roles in maintaining
a healthy, productive workplace.
As for working from home, I have been amazed by the speed with which
our profession has adapted to this new reality. Paper, it turns out, is not
particularly important. Videoconferencing technology is a great tool. And
being away from the office can be restorative. On the other hand, I have yet
to see a virtual platform fully replicate the magic of in-person interaction. I
returned to the office for a brief period last week to prepare for an arbitration.
By being together in person, the quality of the team’s brainstorming
and collaboration increased significantly.
As we move forward, I hope we can leverage the benefits of both work
environments.”
- Brendan MacArthur-Stevens,
Blake, Cassels & Graydon LLP, Calgary, AB
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“The most difficult part of quarantine
for me has been the lack of personal
interaction outside my household
(and my cat’s capacity for conversation
is limited). Not being able to pop
next door to talk about a file or grab
a coffee with a colleague has been really
isolating. Social media has been a
surprisingly helpful outlet for this – I’ve
found lots of ways to engage with the
legal community through Twitter, including
with silly projects like a “Mug
of the Day” photo series. Any form of
connection I can find is a real help with
managing the new normal.”
- Rebecca Shoom, Lerners LLP, Toronto, ON
“The COVID-19 pandemic has given us
an opportunity to adapt and refine our
practice management. Our firm practices
solely in the field of personal injury
law and our clients often require
special attention to accessibility. Accessibility
can be difficult when working in
smaller communities in Canada. During
the pandemic, we have had an opportunity
to push new technologies into
practice that directly aid our clients and
save them time and costs. The silver
lining in COVID-19 is that our firm has
been able to test, refine and modernize
our practice for the 21st century.”
- Kanon Clifford, Bergeron Clifford Injury
Lawyers, Kingston, ON
(Note: to be read with tongue in cheek.) “We
Vancouverites were already a smug lot (I mean,
just look at this place), and the pandemic merely
reinforced our superiority. We celebrated the
start to quarantine with showers of cherry blossoms,
and we basked in WFH from the shade of
our palm trees. Sure, we had court shutdowns,
everything is adjourned, and we’re now booking
trials into 2099. There are real and serious access-to-justice
concerns. But it’s hard to worry
about it while drinking kombucha and watching
the sun reflect off the ocean waves.”
- Emily MacKinnon, Osler, Hoskin & Harcourt
LLP, Vancouver, BC
“A large part of my practice is being physically
present. Present for client meetings. Present
for court appearances. Present for examinations
for discovery. Yet COVID-19 made my
presence impossible.
Adapting to our new reality made me realize
that my focus on presence was holding me
back. I had spent a lot of time talking about
technological advancement, but not “walking
the walk”. Even a young advocate can be stubbornly
attached to the yellow legal pad.
Over the past few months, I pushed myself
to try new things – conducting virtual discoveries,
frequent telephone check-ins with clients,
and countless electronic pleadings. Although
immensely challenging, COVID-19 was the kick
in the pants I needed to break through my preconceived
notions of presence. “
- Lisa Delaney, Cox & Palmer, Halifax, NS
Tom Curry and Martha McCarthy Present:
On Oral Advocacy:
Required Reading,
Viewing & Listening
Wednesday, September 23, 2020
12:00 pm - 1:30 pm
Live Online
TAS Members: $25 + HST
Non Members: $50 + HST
Join Tom Curry and Martha McCarthy as
they celebrate their love of the profession
while discussing essential reading, viewing
and listening for advocates. If you are a
perennial student of the law, constantly
craving good content on strong oral
advocacy skills, this live webcast is for you.
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“There has been a lot of debate in the criminal bar about whether to consent to virtual
hearings. There are many factors to consider when contemplating whether to
proceed with a virtual hearing – most importantly, your client’s instructions. But you
should also consider what a virtual hearing means for you as their advocate. I recently
did an appeal from my home via Zoom. I felt more comfortable than usual; I was in a
familiar space over which I had total control. This gave me confidence, and I was able
to deliver my submissions without some of the anxieties of appearing in a physical
courtroom. If a Zoom hearing makes you more comfortable and can make you a better
advocate for your client, that might be something for you to weigh in the balance.”
- Lindsay Board, Daniel Brown Law, Toronto, ON
The program will conclude with an
interactive Q&A session, during which our
speakers will respond to live questions
from the online audience.
To learn more or register visit
www.advocates.ca

2. Practise what you preach: remind yourself
that litigation is risky. We constantly advise
clients that results cannot be guaranteed
in court. Yet we tend to forget that same advice
when we think about why we lost. If you want a
chance to win, you have to risk losing.
HOW I LEARNED TO DEAL WITH LOSING EVERY TIME I STEPPED INTO COURT
Sailing Through a
Storm of Losses
Annie Tayyab, Affleck Greene McMurtry LLP
After achieving some courtroom success in my first few years of
practice, in 2019, waves of losses began crashing down around me.
Motions, trials, appeals – the level of court did not matter. Nor did
the complexity of the issues. I lost almost every time I went to court.
I started to question everything: Did I work hard enough? Did I miss
something that would have made all the difference? Should I have
anticipated that I would lose and steered the client or the partners in
a different direction?
By the end of 2019, I was left wondering: am I a bad lawyer?
This question weighed heavily on me. I was anxious and my imposter
syndrome was getting worse.
It was not until I voiced some of my anxieties
that I realized that I was not alone in these feelings.
The first time I said it out loud – I’ve been losing
a lot lately and I am struggling to deal with it – I
was met with not only helpful tips for re-framing
my thoughts, but also empathy from peers and
friends who understood how I felt.
For the benefit of those who could use it, here
are a few tips that I received that helped me.
1. Do not equate losing with failure. The standard
for success is not winning, but knowing
that you did everything possible to give your client
the best representation. We cannot control
the facts or the law. If a loss happens for reasons
outside of your control, remind yourself
that you did everything you could to give your
client the best chance of winning. And, in the
right cases, you can appeal!
3. Not all losses are losses. Sometimes, you
litigate not just to win, but for some other purpose.
For example, the client may need an answer
to a question that was not clear in the case
law. In such a situation, the litigation is the battle,
but not the war. One of the goals is to win (of
course). But winning every step may not be the
ultimate goal.
4. Try to re-frame losses as opportunities.
Advocates are constantly learning and growing.
Embrace the growing pains. If you reflect
and decide that something could have been
done better, adjust your approach the next
time. If there was nothing you could do to
change the result, use this as an opportunity
to build resilience. And it always helps to have
some stories to share with colleagues. Use a
loss as a catalyst to start a conversation about
advocacy, or the substantive area of law you
dealt with, or the rules of evidence, or inherent
biases in the judicial system.
Everyone deals with losses differently. What
works for me may not work for you. So, if the
above tips do not speak to you, I have one final
tip, which does not come from mentors or colleagues,
but directly from me: talk to someone
you trust. Someone who speaks your language
(figuratively) and can help you navigate the confusing
feelings that you have to deal with when
you lose something you thought you could win.
It makes the world of a difference.
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TAS ONLINE
TAS Goes Virtual
Claudia Cappuccitti, Dyer Brown LLP and
Chris Kinnear Hunter, Lenczner Slaght
March 12, 2020 began with a flurry of emails and text messages: “What’s
happening with trivia night tonight?” “Are we a go, or no?”
For months we had been looking forward to hosting YASC’s annual Toronto
Trivia Challenge, this year to benefit Pro Bono Canada, the charity
being supported by the annual TAS Gives Back campaign. While no TAS
events had been cancelled to date, the NBA had just announced it was
postponing the season. Ultimately, Trivia Night became the first Advocates’
Society casualty of COVID-19.
Almost immediately, TAS’ Board took action. A special task force was
struck, consisting of members of the Board, 10+, and YASC. The mandate
of the task force was to determine the best way of keeping members connected
and informed during the pandemic.
#ICYMI - Here’s some of what TAS has been up to over the last
four months:
Litigating from Home Series: This educational
series kicked off with the first instalment
on March 27 and provided tips on everything
you ever wanted to know about working from
home, including: how to stay healthy, privacy
and security, and the ins and outs of litigating
remotely.
Remote Skills Workshops: TAS also held its first
virtual skills training program on examinations
for discovery last month, taking what TAS does
best and transferring it to our new online world.
Look for more programs like this in the months
to come, including a remote skills workshop in
August on motions advocacy.
Fireside Chat Series: Throughout April and May,
TAS hosted a series of fireside chats with the
Honourable Chief Justices Morawetz, Strathy,
and Fraser, who spoke about the courts’ response
to the pandemic, and also with Dr. David
Goldbloom of the Centre for Addiction and
Mental Health, who provided invaluable tips for
coping with self-isolation and stress.
@Home Advocate: In mid-April TAS launched
a weekly newsletter for members with key updates,
resources, and personal reflection pieces
written by members on their experiences
during lockdown.
Mentoring Dinner: The Toronto Mentoring
Dinner scheduled for May was reformatted
into a virtual event where mentors discussed
tips and tricks for working through the pandemic,
and provided insight into how young
lawyers can build their practices and maintain
client and firm relationships through
COVID-19.
Virtual Mentoring: In late April and early May,
YASC hosted Un Réseau Virtuel de Mentorat Pour
Les Jeunes Plaideurs. Young lawyers and senior
mentors met virtually to discuss working from
home, and health and wellness during lockdown.
#TASFit HIIT and Yoga Classes: In April and May
TAS members got sweaty, centred, and fit with free
HIIT and yoga classes hosted on Zoom by TAS.
Coffee Klatch: On May 14, YASC’s Health and
Wellness working group hosted a drop-in networking
event. Questions circulated in advance
served as a jumping off point for discussion.
Participants were able to exchange ideas and
strategies on working and litigating from home
at a time when we were all trying to figure it out.
COVID-19 Resources: YASC’s Health and Wellness
working group, with the help of volunteers,
compiled a list of resources related to physical
and mental health for the TAS website.
End of Term Dinner: In a matter of mere weeks,
TAS staff were able to adapt plans for the annual
End of Term Dinner, Canada’s largest gathering
of advocates. The virtual EOT@Home, held on
June 11, included a conversation between The
Honourable Rosalie S. Abella and Guy Pratte,
performances by the EOT Member Band, The
Force Majeures, and an after party on Zoom.
Toronto Trivia Challenge for Charity: The
event, originally scheduled for March, was held
on June 23 on Zoom. Thanks to participants and
sponsors, YASC was able to help raise money
for Pro Bono Ontario (a special shout-out to
quizmasters Raphael Eghan and Tom Macmillan,
who were wildly entertaining).
Looking ahead to the new term, YASC will be putting on a slew of new virtual events, in particular
the first ever virtual Fall Forum (for more information, click here). If you have ideas or proposals
for other future virtual events we would love to hear from you (feel free to shoot us an email to
events@advocates.ca).
14 15

Do you know a young advocate TAS
Member that we should feature in
an upcoming Interview? Click here to
email us with your suggestion.
Q. What is your
year of call?
A. 2014
Q. What is your favourite part about your practice?
A. Learning about and understanding each client’s business or industry,
and how it all works.
Q. What should lawyers elsewhere in the country know about practising in Vancouver?
A. I think we have a very tight-knit and collegial bar. I am often impressed by my peers’ dedication
and commitment, as junior lawyers, to building the legal community. It makes the practice a lot
more fun.
Q. What is the greatest extravagance in your
everyday life?
A. A toss-up between the spa and shoes.
Q. If you weren’t a lawyer what
else would you be?
A. I think I would have been a journalist.
INTERVIEW WITH SAMANTHA CHANG
Samantha Chang,
McEwan Partners
Q. What is the best advice you have
received about the practice of law?
A. Your reputation is the most important
thing you have.
Q. What is something you’ve learned about
yourself during the pandemic
A. It turns out that I am actually a pretty good
cook!
Compiled by Carlo DiCarlo, Stockwoods LLP
and Alexandra K.W. Shelley, Torys LLP
Q. How would your colleagues describe you?
A. Pragmatic, calm, and approachable.
Q. Who is your legal hero? Why?
A. In the abstract sense, I have always admired Justice Abella, as a pioneer for women in law, but
also for the importance of her work and thinking on equality rights, and of course her wit.
On a more personal level, Tracey Cohen, Q.C. is someone who has been a great mentor and
who I admire immensely. Tracey is not only one of the best litigators I have worked for, she has
developed her reputation and practice while also being involved in our local community, being a
dedicated parent, and still making time to mentor her juniors.
Q. Why did you become a litigator or advocate?
A. I very quickly fell in love with the process of commercial litigation: understanding your client’s
problem and objective, figuring out the best way to tell their story, and the adrenaline
rush of being on your feet. I have also been very fortunate to work with some of the best
litigators in not only the Vancouver market, but nationally.
Q. What is your favourite case that you have worked on? Why?
A. I spent the first five years of my practice working on the Microsoft antitrust class-action,
and that remains my favourite case. Learning about the history of Microsoft itself was incredibly
interesting, and the way in which the case was litigated was super creative. I had the
opportunity to work with and learn from some of the best litigators in Vancouver and some
of the best antitrust lawyers and economics experts in the US.
16 17

EOT@HOME
June 11, 2020 | Live Online
The Force Majeures - (Top left to right) Brian Awad, McInnes Cooper, Oliver Ho, JSS Barristers, Norm Emblem, Dentons Canada LLP
(Bottom left to right) Sean McGee, Raven Law , Elin Sigurdson, Mandell Pinder LLP, Kristian Brabander, McCarthy Tétrault LLP
Ashley Thomassen, Borden Ladner Gervais LLP
The Rt. Hon. Richard Wagner, Chief Justice of Canada
Chris Horkins, Cassels
18 The Hon. Justice Rosalie S. Abella, Supreme Court of Canada
The Hon. David Lametti,
Annie Tayyab,
19
Erin Durant, Borden Ladner Gervais LLP
Minister of Justice and Attorney General of Canada
Affleck Greene McMurtry LLP

Trivia Challenge
June 23, 2020 | Live Online
Raphael T. Eghan – Trivia Challenge Host, alongside Tom Macmillan
EMPLOYMENT OPPORTUNITY -
PEI DEPARTMENT OF AGRICULTURE AND LAND
Senior Legislative and Applied Research Analyst | Charlottetown | Full-Time
Reporting to the Director of the Strategic Policy and Evaluation Division, the
Senior Legislative and Applied Research Analyst exercises significant autonomy
and leadership in planning, developing, analyzing, and measuring Departmental
legislation, regulation, and public policy. As an authority for applied policy
research, the incumbent will supervise the work of staff who are applying models,
frameworks, and theories in the pursuit of new knowledge with the aim of
obtaining specific, practical solutions for legislative and policy development. As
a supervisor, the incumbent will recruit, hire and train Junior Policy Analysts as
well as review the work of professional Policy Coordinators, Co-Op Students/
Interns, and temporary or casual staff.
Closing Date: August 21, 2020
For full details and to apply, see posting here.
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Tips and Tricks for Summering and Articling Students
June 30, 2020 | Live Online
Devon Peck, Dives, Harper & Stanger Kaitlyn Meyer, Allen / McMillan Elise Kohno, Fasken
22 Alexandra Mitretodis, Fasken
Caroline Senini, Peck and Company
Jeffrey J.P. Hernaez, Lawson Lundell LLP
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www.advocates.ca