Keeping Tabs - Fall 2020

KEEPING TABS
The Advocates’ Society
Fall 2020

CONTENTS
04
06
08
12
14
16
18
20
23
Chair Chat
Chris Horkins, Cassels
TAS Report - Montreal
Matthew Shadley, Shadley Bien-Aimé Senc
Virtual Advocacy
Jonathan Silver, Torys LLP
YASC Report - Fall Forum
Philipe G. Knerr, Shadley Bien-Aimé Senc
TAS Report - Toronto
Rachel Bengino, Thornton Grout Finnigan LLP
TAS Report - Alberta
Julia Lisztwan, Burnet, Duckworth & Palmer LLP
Career Reflections
Ted Flett, Zubas + Associates Employment Lawyers
TAS Tweets
Compiled by Rebecca Shoom, Lerners LLP
Round Table - COVID-19
Compiled by: Kanon Clifford, Bergeron Clifford
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.
Editor: Frédéric Plamondon, Osler, Hoskin & Harcourt S.E.N.C.R.L./s.r.l.
FPlamondon@osler.com
Keeping Tabs Editorial Team: Kanon Clifford, Bergeron Clifford LLP, Carlo Di Carlo, Stockwoods LLP, James Foy, Addario
Law Group, Web Haile, Singleton Urquhart Reynolds Vogel LLP, Matthew Huys, Osler, Hoskin & Harcourt LLP, Alexandra
Shelley, Torys LLP, Rebecca Shoom, Lerners LLP
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
In this issue of Keeping Tabs, we
continue to feature thoughts, reflections
and tips from young advocates
across Canada on litigating
during the ongoing COVID-19 pandemic,
including Jonathan Silver’s
practical advice on how to “pass
notes” to your co-counsel during
virtual hearings, something I’ve yet
to figure out so I’ll be taking his tips
to heart. For those who missed it,
we also have a recap of the “Allyship
and Advocacy” panel organized
by our Calgary YASC team.
Having spoken to many young advocates
over the past few months,
I know that this can be an isolating
and lonely time for many of us and
with cold weather coming on the
heels of a second COVID wave, it
feels like it may get worse before
it gets better. I want everyone out
there to know that YASC and the
Advocates’ Society is here for you.
Take advantage of a virtual social
event or the mentoring available
through the Advocates’ Society’s
portal to stay connected to this
amazing community of advocates.
One of the silver linings of the
pandemic for me has been the
extended reach of our members’
work. With the move to virtual
events, there’s no reason that a
panel organized in Calgary can’t
be enjoyed by members in Toronto
or that a Toronto-organized social
(like our upcoming “Mixer and
Mixology” social on November 12)
can’t be attended by members
from coast to coast. This year’s virtual
Fall Forum was more nationally
accessible than ever thanks to
its new online format. I enjoyed
attending Fall Forum with young
advocates across Canada and virtually
presenting this year’s YASC
Awards to our two deserving winners:
Erin Durant (YASC Writer’s
Award) and Omar Ha-Redeye (YASC
Civility Award)!
To close on a happy note, I was
recently thrilled to learn of the
appointment of Justice Kristyn
Muszynski to the Ontario Superior
Court of Justice. In the not so distant
past, Justice Muszynski and I
served on YASC together and she
has always been a great ambassador
for the Advocates’ Society in
Kingston. To my knowledge, she
has the distinction of being the
first former YASC member to be
appointed to the bench!
YASC Writer’s Award
Congratulations to Erin H. Durant, Borden Ladner Gervais LLP.
This award recognizes a young advocate who has made outstanding contribution to
TAS publications.
The YASC Awards was presented at Fall Forum on October 23, 2020.
LEARN MORE
4

TAS REPORT - MONTREAL
Rapport sur le Gala Montréal
Matthew Shadley, Shadley Bien-Aimé Senc
Report on Montreal Gala
Matthew Shadley, Shadley Bien-Aimé Senc
Le 24 septembre dernier, la Société des plaideurs a tenu son troisième gala
annuel à Montréal. Le gala s’est déroulé virtuellement et a attiré 140 personnes.
L’édition de cette année a été marquée par une discussion informelle
entre l’Honorable Manon Savard, Juge en Chef de la Cour d’appel du
Québec, et le Président de la Société des Plaideurs, Guy Pratte. Cette discussion
a été suivie d’une réunion festive de réseautage sur Zoom. C’était
également la première fois que le Prix québécois d’excellence en mentorat
était décerné. Me Valérie Lemaire de Langlois a reçu le prix. Bien que ce
n’était pas la même chose que de nous retrouver dans une magnifique salle
de bal, l’important était de tenir cet événement annuel durant les temps
difficiles que nous vivons alors que les contacts avec nos collègues n’ont
jamais été aussi importants.
On September 24, The Advocates’ Society held its 3rd Annual Montreal
Gala. The Gala was held virtually and attracted 140 registrants. This year’s
edition featured an informal discussion between The Honourable Manon
Savard, Chief Justice of the Quebec Court of Appeal, and President of The
Advocates’ Society, Guy Pratte. Following the discussion was a networking
after-party on Zoom. The occasion also marked the first time the Québec
Excellence in Mentoring Award was presented. Me Valérie Lemaire of Langlois
received the award. While it wasn’t the same as being together in a
beautiful ballroom, it was important to keep this annual event alive during
these challenging times when connecting with our peers at the bar is more
essential than ever.
6 7

VIRTUAL ADVOCACY
How to “pass notes” in
a virtual hearing
Jonathan Silver, Torys LLP
COVID-19 has caused many seismic changes to our legal system and ways
of lawyering. Limitation periods were suspended, courts are conducting
online hearings, and many lawyers continue to practise from their homes
instead of their offices. While these shifts have been the topic of much
conversation, I would like to discuss a less talked about consequence of
COVID-19: the reduced utility of sticky notes.
Sticky notes are one of the few “must have” items in court. Throughout a
hearing, the pile of marked up and crumpled sticky notes on the counsel
table grows. At the end of the day, I collect the stickies and manage them
with the rest of my hearing notes.
But in an era of virtual hearings, sticky notes are not much help. What
should litigators be using to replace the flow of conversation in our new
online world?
At the outset, it is important to remember
what is being communicated when you pass
notes in a hearing. Although these notes tend
to be informal, your hearing notes are confidential
communications that can reveal privileged
information.
Now that we are communicating at a hearing
through electronic means, we are creating
a digital record of those conversations. You
cannot take comfort in the fact that your sticky
notes will live in your hearing binder away from
prying eyes.
Here, I canvass some of the best (and worst)
ways to “pass notes” in a virtual hearing. In particular,
I examine how to minimize the risks of
electronically conversing during a hearing:
· E-mail. Your firm e-mail is one of the most familiar
and comfortable ways to communicate
with your colleagues during a hearing. And
your e-mail is not likely hosted by a software
provider that uses your data for their own
purposes. But e-mail does not provide the
same functionality as instant messaging services
and can co-mingle with the other e-mails
in your inbox (and let’s face it, you don’t want
to look at your inbox during a hearing).
· Business chat software (e.g. Skype, Microsoft
Teams). Some firms use Skype for Business
or Microsoft Teams for instant messaging
amongst firm members. To gain access to
these services, firms enter into agreements
with providers that include terms about the
security and the confidentiality of the information
exchanged. Because these services
are paid-for and are subject to terms of
service agreements (as well as being configured
according to firms’ IT policies and
standards), they allow for transparency on
where the data is stored and when it might
be accessed. And because these services
offer chat functionality, they are an easy way
to converse during a hearing.
· Group chats. You might think that it’s a good
idea to set up a WhatsApp or text message
8 9

group to communicate with colleagues
during a hearing. It’s not a good idea.
WhatsApp, iMessage, and other text messaging
services are designed for personal
communication, not business communication.
These services have very limited obligations
to protect your data or its confidentiality.
Messages sent through these services
will not be subject to your firm’s data retention
schedule or part of the virtual hearing
binder. And using them for communicating
sensitive client information is likely prohibited
by your firm’s IT policies.
While WhatsApp messages are encrypted,
WhatsApp is owned by Facebook. WhatsApp’s
terms of service state that “Facebook will not
use your WhatsApp messages for any purpose
other than to assist us in operating and
providing our Services” but WhatsApp “may
transfer data within the Facebook family of
companies and to third parties, including
service providers and other partners.” Would
you think it wise to have your in-hearing chat
over Facebook messenger? If not, then you
shouldn’t use WhatsApp, either.
· Zoom. Although Zoom has its own chat
function, you should avoid using this for a
different reason: it could be disclosed to the
court. Assume that everything you type into
the chat box on Zoom will become part of
the court record. Only use this chat function
to get the attention of the court staff who is
administering the virtual hearing.
Regardless of the specific means used to pass
notes, you should also consider who should be
part of the conversation. In court, notes remain
amongst co-counsel. But in the virtual world, your
clients will be watching the hearing online and
can join the chat thread to provide comments.
You should discuss with your client whether they
want to participate on the chat thread or consider
having one lawyer on the team receive comments
from your client that can be circulated to
the group. Also, don’t forget about the telephone
– at breaks, you can host a conference call with
your client to get input (as you would in the hallways
of the court house). And because phone
conversations do not create a digital record of
the discussion, they are one of the most secure
ways to share and convey information.
No matter how you translate sticky note passing
into an electronic conversation, you must
keep your confidentiality obligations top of mind.
You are now creating a digital record of your
conversation, and you must adopt practices that
reduce the risks to you and your clients.
YASC Civility Award
Congratulations to Omar Ha-Redeye, Durham Community Legal Clinic.
This award recognizes a young advocate who epitomizes the Principles of Civility
and Professionalism.
The YASC Awards was presented at Fall Forum on October 23, 2020.
LEARN MORE
10 11

YASC REPORT - FALL FORUM
Fall Forum Report
Philipe G. Knerr, Shadley Bien-Aimé Senc
The hurdles spawned in the wake of COVID-19 have presented a new set
of challenges for young advocates in their quest to develop a sought-after
practice and build a strong reputation.
The pandemic has pressed young lawyers to adjust to a solitary work environment,
to possibly seek out new employment, to find innovative ways
of networking, and – let’s face it – to overcome mental health issues caused
by this new reality.
On October 23, 2020, The Advocates’ Society’s Young Advocates Standing
Committee (“YASC”) hosted its biennial Fall Forum, “Fall Forum: New Frontier.”
This edition of the Fall Forum addressed some of these challenges,
while providing attendees with a positive and insightful look into some of
the new frontiers the legal field has to offer. These included: legal technology
and AI, data protection and cybersecurity, third
party litigation funding and insurance, and new
approaches to alternative dispute resolution.
The event was webcast due to current concerns
with COVID-19.
Emphasis was placed on creating a one-of-a kind
virtual event where young advocates from across
the country could connect and share about their
current realities. It also allowed for an opportunity
to exchange tips on how to deal with the challenges
of today, and to engage on the issues of tomorrow
through a variety of educational sessions.
YASC had to get crafty to overcome the sometimes
impersonal atmosphere of webcast
events. The chairpersons utilized technology to
create small group sessions which encouraged
attendees to actively participate in the discussions
prompted by faculty members. The setting
was intimate, stimulating, and in the end transcended
the veil of a computer screen.
Highlights of the event included a keynote
conversation with Fabrice Vil, founder of Pour
3 Points, a dazzling opening address from TAS
President, Guy J. Pratte, and a number of captivating
– and open – discussions relative to the
sometimes-taboo topic of mental health struggles
in the young legal community.
The event wrapped up with the presentation of
the YASC awards by the YASC Chair Christopher
Horkins, and a virtual after party complete with
trivia and drinks.
The Fall Forum: New Frontiers was chaired by
Chantale Dallaire (Torys LLP), Webnesh Haile (Singleton
Urquhart Reynolds Vogel LLP), Safina Lakhani
(Crawley MacKewn Brush LLP), and Alexandra
Mitretodis (Fasken Martineau DuMoulin LLP).
12 13

TAS Jolly
TAS REPORT - TORONTO
Toronto Big Mingle Event
Rachel Bengino, Thornton Grout Finnigan LLP
The Young Advocates’ Standing Committee took its annual Toronto Big
Mingle event virtual this year on October 7, 2020. This event, exclusively
for Articling, Summer and LPP students, NCA candidates, and Judicial Law
Clerks, saw mentors and attendees with diverse legal backgrounds organized
into small break-out discussion rooms over Zoom, with 2-3 mentors
in each group. I was one of 28 mentors participating in the event. For our
first breakout room, my fellow mentor and I hosted a few mentees in an
“Articling Tips and Tricks” themed room. During this “Mini-Mingle” session,
we shared several tips and insights for articling students, including the importance
of getting involved with your firm, especially given the current
‘virtual’ environment. From there, attendees and mentors were randomly
grouped in a second break-out room for an informal Q&A session. The
small-group environment helped attendees to feel more comfortable to
participate and ask questions. We are thankful to those young advocates
that participated in this event, asked insightful questions and shared their
experiences with fellow members of their advocacy community. Thornton
Grout Finnigan LLP was honoured to have been one of the sponsors of the
event. We also thank Paliare Roland Rosenberg Rothstein LLP and Stikeman
Elliott LLP for sponsoring.
Jamboree!
Hosted by the Young Advocates’
Standing Committee
Sunday, November 29, 2020
11:00 am - 12:30 pm (ET)
Live Online
Join TAS members and their families from
coast to coast for a fun-filled virtual holiday
event. Kids can enjoy a special one-on-one
visit with Santa Claus on Zoom, colouring,
holiday crafts, and much more!
Participants will be emailed a TAS Holiday
Activity Book, which will include puzzles,
games, colouring pages and step-by-step instructions
for making the holiday craft. Visits
with Santa will take place in Zoom breakout
rooms throughout the event.
This is a members-only event.
To register your family visit
www.advocates.ca
14 15

3. Respect individuality
Remember that no two humans are alike,
and while each individual can share their
own experiences, be mindful of not drawing
broader conclusions. Ms. Oladipo talked
about how Nigeria has 500+ languages:
she is conscious that she personally cannot
speak for the experiences of every Nigerian
in Canada. For the same reason, a person
speaking with her should not presume that
her experiences are universal for all. Get to
know the individual; do not assume.
TAS REPORT - ALBERTA
TAS Report:
Allyship in Advocacy
Julia Lisztwan, Burnet, Duckworth & Palmer LLP
On Thursday September 17, 2020, young advocates from the Alberta chapter
of The Advocates’ Society hosted a panel relevant to all advocates that
explored how we can be effective allies to equity-seeking groups.
The panelists - Judge Julie Lloyd, Koren Lightning-Earle, Omolara Oladipo
and Tania Sarkar (moderated by Brendan MacArthur-Stevens) - represented
a range of equity-seeking groups facing unique struggles through the
legal system. They shared difficult examples of discrimination from their
careers, but also uplifiting moments of allyship. For those who missed this
panel, below is a summary of the key tips and tools proposed by the panelists
to grow as allies in your own circles:
1. Educate yourself
Take the time and initiative to educate yourself
personally from a place of humility. And
from that same place of humility, challenge
and encourage others to educate themselves.
Always remember that it’s not the
responsibility of another human being to
teach you how to treat them with respect.
2. Be authentic
Be authentic to be effective. Allyship can be
most successful in the least glamorous places,
so go and seek out opportunities to promote
others to the foreground. Go where
you are needed and do the work that needs
to be done.
4. Recognize your skills
Recognize your skills. Ms. Sarkar called on all
advocates to recognize what we have to offer:
we are trained communicators, in both
oral and written form. We have the necessary
tools to bring light to injustices that are
not seen or not well-understood.
5. Pay attention
Politely intervene where you see discrimination
in real time. Ms. Lightning-Earle shared
a distressing story where a judge did not
recognize her as counsel in a line of lawyers
waiting to have orders signed. When the
judge directed Ms. Lightning-Earle to wait
with members of the public, a student-a-law
observing the situation and acquainted with
Ms. Lightning-Earle spoke up. Be that student-at-law.
6. Be unpopular
As Judge Lloyd aptly put it: get broad shoulders;
be unpopular. There is often a price to
pay for calling out discrimination, toxic environments
and damaging discourse, but it is
a price we must be willing to pay at an individual
level in order to see progress.
16 17

CAREER REFLECTIONS
The Non-Linear Career Path
Ted Flett, Zubas + Associates Employment Lawyers
In the spring of 2017, days before my call to the bar, Kathleen Howie, a trusted
mentor and Group General Counsel at The Cooperators, forewarned me
that few legal career trajectories are linear. Nowadays, ups, downs, ebbs
and flows can be part of a fulfilling and varied legal career. Howie’s insight
has already rung true in my first three years of practice which, through
stumbles and successes, have been varied, dynamic and rewarding.
During my first year of practice at a national firm, I worked on large and
complex files with sophisticated support systems. As I litigated, I met a
range of opposing counsel, many of whom were self-employed, driven and
confident. They impressed me. So, I stepped off Bay Street one year after
being called, hung my shingle and opened Ted Flett Law.
I later joined Zubas + Associates, a scrappy and principled boutique employment
and human rights firm, advocating for employees, and advising
small and medium enterprises on their workplace obligations. Without the
Bay Street infrastructure, I found myself standing before clients and the
bench sooner and with more carriage than I otherwise might have had.
While those first client consultations and Court appearances were unnerving,
with preparation and pep talks, I persevered
and learned plenty.
Early legal careers which are non-linear, like
mine, are increasingly common. Travis Usher,
senior recruitment partner at ZSA in Toronto,
is seeing this more often in his work matching
lawyers and employers.
“I think people are looking for more out of
their careers than just a paycheck,” he says,
explaining the trend. “They want to feel like
they’re contributing. They want to be fulfilled by
their careers, not just do a job. And that means
doing something that is meaningful for you and
sometimes that can be hard to find.”
Usher encourages job-seeking lawyers to be
frank when explaining why their resume may
show multiple jumps. He says that an employer
– whether a firm or company seeking in house
counsel – is more likely concerned about the
“why” than the “how many.”
Christine York has seen thousands of students
and junior lawyers in her capacity as Director of
Associate and Student Programs at Alexander
Holburn in Vancouver. York encourages junior
lawyers to untether themselves from the expectation
of a career path that starts and finishes in
one practice group at one firm - a dream often
formulated in law school, or sooner, before the
lawyer has even dipped their toe into practicing.
York says “most people only understand their
career paths when they have the opportunity to
look back on it. It makes all the sense in the world
when you can understand where you came to a
crossroads and why you made those decisions
and they get you to where you need to go. It’s a
really hard thing when you’re actually living it.”
She emphasizes that we do not need to have
all the short-term answers at every stage to get
to the long-term goal.
“While a young lawyer is learning how to be
a professional, you’re also figuring out about
who you are” York says. “It’s important to be
alive to what makes you happy, what your aptitudes
are and if you’re doing something that
makes you happy, you’re probably really good
at it as well. So, figure out who you are and
what makes you happy and then assess those
opportunities as they arrive.”
It is noteworthy to add that both Usher and
York wrestled with their own doubts when veering
away from the practice of law to their roles
at ZSA and Alexander Holburn, respectively.
Both are contented today.
When it comes to navigating a career switch due
to termination, as opposed to resignation, York
recommends that junior lawyers muster strength
and start reaching out. “The legal career is long
and it is one that requires a lot of resilience and
grit, so you need to be prepared for the unexpected”
she says. “Build a tool kit so that you remain
resilient and thoughtful when you go through a
career crisis, and reach out to your resources, networks
and connections. I often tell students and
lawyers that it’s much better to have a personal
connection than to send out a ton of resumes.”
As I mosey up to my desk each day at the firm, I
take comfort in Usher and York’s wisdom as I reflect
on my zig-zagging path from bar call to the
present. I love what I do and am at peace with the
unconventional course that I charted to get here.
18 19

TAS TWEETS
#LawChirps
Compiled by Rebecca Shoom, Lerners LLP
Over the last several months, our practices have largely gone virtual, with
many appearances and meetings proceeding on screen rather than in
person. We asked TAS members to share their favourite ways to “disconnect”
from the virtual world. Here are their responses:
“Before the pandemic, I was all about takeout & snacks at social events.
Now, I’ve learned how to cook (...ish). Does some of it appear on social
media, so it’s maybe not “truly disconnecting”? Definitely. Do I answer
my work email while making dinner? No - I might burn something!”
- Breanna Needham @Breanna_Needham
“Our Friday night movie nights are sacrosanct. If I even look at my phone I
will be chastised by one of my kids. Is this disconnecting? Although I’m only
trading a small screen for a larger one I’m enjoying time with my family.
#HowIDisconnect” - Jeff Feiner @jefffeiner
Is there a legal
practice or
procedural issue
impacting you
or your firm?
(Eg. filing, outdated rules etc.)
Let YASC know how we can
advocate for you, click here
“Short(ish) intense home workouts. And watching The Boys #howidisconnect”
- Daniel Waldman @danwaldman222
20 21

ROUND TABLE - COVID-19
National Roundtable on
Pandemic Impact
Compiled by: Kanon Clifford,
Bergeron Clifford
Coming Soon! Friends Who Argue - A new TAS podcast jointly
hosted by our Young Advocate and 10+ Standing Committees.
Segments will feature dialogue with the people who get what
you do, as we delve into both the serious and lighthearted aspects
of life as an advocate in Canada. Know a TAS member we should
talk to? Contact Webnesh Haile at WHaile@singleton.com
For many in the legal field, the COVID-19 pandemic has been a clamorous event to which their
practices have had to adapt. Though despondency has been heard over the summer and into
the autumn, our team has endeavoured to find the positives in this bleakness. We have sought
out five Young Advocates from across Canada to hear their take on how this pandemic has
been a time of improvement and self-reflection. They include:
· Zachary Rogers, called to the bar in 2015, practises at Clark Wilson LLP in Vancouver.
· Safina Lakhani, called to the bar in 2011, practises at Crawley MacKewn Brush LLP in Toronto.
· Sebastian Pyzik, called to the bar in 2014, practises at Woods LLP in Montreal.
· Casey Dorey, called to the bar in 2018, practises at Bergeron Clifford LLP in Kingston.
· Sapna Thakker, called to the bar in 2015, practises at Lax O’Sullivan Lisus Gottlieb LLP in Toronto.
Below are their responses. If you have also found a silver lining during the pandemic, we would
love to hear from you on Twitter @Advocates_Soc or Facebook @TheAdvocatesSociety.
23

Zachary Rogers
Favourite place to work during COVID?
The temporary office I set up in my empty second
bedroom, as it is complete with a view of
my patio garden and a very high-traffic hummingbird
feeder. The little chirps of the thirsty
birds are always a welcome distraction.
Netflix has been popular during COVID. Who
is your favourite TV/Movie legal character
and why?
Elsbeth Tascioni from The Good Wife always
provides excellent comic relief, and I love the
episodes in which she features. She’s a bit of an
odd-ball with a unique perspective of the world,
which enables her to see or understand key
facts that others miss. Effectively, she’s brilliant.
Top 3 tips for young advocates to make it
through a virtual hearing?
1. Take handwritten notes while others are
speaking, to keep your eyes and ears engaged
with the matter at hand.
2. When making submissions, pause often
and pace yourself. If attending by telephone,
you lack the visual cues that indicate whether
or not the master/judge is ready for you to
move on to your next point. Also, depending
on the telephone technology, others may not
be able to “object” or speak if you are talking
continuously.
3. Turn off email and text notifications while
attending a virtual hearing, as you *will* get distracted
– and that split second you direct your
attention elsewhere *will* inevitably be when
you are called upon or have a reason to jump in.
Safina Lakhani
What have you learned about yourself
during COVID?
I have learned that I am a creature of habit, and
thrive when I have a routine. COVID dramatically
changed all aspects of my life from grocery
shopping to work. I found that creating new
structure and routine in the day helped me settle
into the new normal that we are all living in.
Top 3 tips for young advocates attending virtual
conferences and events?
Here are my top three tips for young lawyers
attending virtual conferences and events:
1. Pick virtual mentoring/networking events
where the participants are divided into small
groups (i.e. 3-5 people), and where each group
has a facilitator or a prompt. I have found virtual
mentoring and networking to be most effective
when the participants have an easy way
to break the ice and the conversation is closely
directed by a facilitator.
2. Pick events where the panels and/or sessions
are less than an hour long. I find it harder
to concentrate during virtual conferences than
live ones. Choosing shorter panels and sessions
has helped me get more out of the virtual sessions
I have attended.
3. Use the technology available (e.g. chat functions
or participant polls) to interact with the
speakers and conference attendees.
What was your biggest issue/surprise with
virtual conferences and events and how did
you handle it?
The biggest issue for me is finding ways to recreate
the experience of attending an in-person
event on a virtual platform. This year, I was a
co-chair of Fall Forum hosted by the Young Advocates’
Standing Committee. In past years, Fall
Forum has been structured as a retreat-style
conference, where young advocates from
across Canada travelled to Blue Mountain, Ontario
for a weekend conference. This year, the
conference was held virtually.
When we were planning the conference, we
spent a lot of time working through non-substantive
details of the program to create the feel
of attending an event where the participants
moved through rooms and spaces for the various
sessions. I found that circulating an agenda
with live links to the participants was a major asset.
That said, there are hiccups in the execution
of even the best planned events. My best advice
to any event planner is not to be afraid to pivot,
and to course correct when something is not
working as planned!
Casey Dorey
What have you learned about yourself
during COVID?
I’ve learned that I really enjoy spending my
downtime at home. When things are “normal”,
I would keep myself busy going out, visiting
friends and being social. With less choice to do
those things, I’ve developed a greater appreciation
for keeping busy at home.
What was the best advice you received as a
young advocate?
Sign up for mooting and do as much as you can.
It’s the best practical experience you’ll get in law
school. As advocates, we’re constantly working
on our legal research, writing and advocacy
skills so start from the beginning.
Top 3 tips for young advocates to make it
through a virtual hearing?
1. Make sure your electronic materials are
available and working. If you’re not sure about
format, ask the Court ahead of time.
2. Don’t think of it as a virtual hearing. Pretend
you’re standing in front of the judge in a
courtroom. We can become complacent when
things seem “less formal”. There will be a time
when we’re back in the courtroom so keep
those advocacy skills sharp!
3. Test your technology and have a tech-savvy
associate nearby! Last-minute glitches will
cause you unnecessary anxiety and throw you
off your game.
Safiina Lakhani, Crawley MacKewn Brush LLP
Zachary Rogers, Clark Wilson LLP
Casey Dorey, Bergeron Cliff f ord LLP
24 25

Sebastian Pyzik, Woods LLP
Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP
Sebastian Pyzik
Favourite COVID hobby?
I love to ride my bike on the weekends. Cycling
is a new sport that I just started this summer
and I very much enjoy it. Otherwise, I enjoy
spending as much time as possible with my
family: my wife, my daughter and my dog, Bandit,
a border collie.
COVID has been a time for us to review and
reflect. What is your favourite case you have
worked on? Why?
I recently represented a businessman who
opened a franchised restaurant several years
ago. In order to save his restaurant from bankruptcy
due to the COVID pandemic, he had no
other choice than to leave behind the “bring
your own wine” model of service in favour of
selling a variety of alcoholic beverages directly
to the clients. This new model was almost immediately
attacked in court by the franchise owner,
who sought a provisional injunction, arguing
mainly that this fundamental change was jeopardizing
the brand. The Superior Court of Québec
dismissed the injunction, which allowed the
franchised restaurant to pursue its new model.
I believe that we can expect more and more
caselaw, not only in Québec but also from coast
to coast, where commercial decisions and strategies
in the context of this unprecedented crisis
will be challenged and I am personally proud of
the outcome in this case for my client.
Top 3 tips for young advocates to make it
through a virtual hearing?
1. Test your technology well before the beginning
of the hearing. This will give you the feeling
of being in control during the hearing. You also
want to avoid any unnecessary technical problems
with your device five minutes before the
beginning of the hearing.
2. Take the time to explain to your client how
the virtual hearing will work. For instance, you
need to explain to your client what he can do,
what he can’t do and how he can communicate
with you (email is probably your best option).
3. Prepare yourself like you were going to a
Court hearing. Focus on the judge and follow
your game plan.
Sapna Thakker
COVID has been a time to reflect for many;
how has COVID strengthened your legal
practice or skills?
The pandemic gave me time to reflect on just
how lucky I am to be a litigator and the impact
that can have on people’s lives. For me, the
pandemic exposed the staggering amount of
unmet legal and other needs in our society.
Access to justice has always been a hot topic,
but now, more than ever, it is crucial that
the public receives meaningful access to services
(whether legal or otherwise) whether it is
because more people are unemployed, cashstrapped
or have unstable living conditions.
The extra time allowed me to re-prioritize pro
bono and other volunteer work in my life. For
example, volunteering for the Pro Bono Ontario
Hotline and serving on a community organization’s
board of directors were ways that I
took time to give back.
On a personal level, taking on more volunteering
projects and giving back to the community
has had priceless returns for my legal practice
– it sharpened my ability to give practical solutions
to those seeking advice and strengthened
my ability to navigate uncertainty that will undoubtedly
benefit me in a post-COVID world.
Top 3 tips for young advocates to make it
through a virtual hearing?
1. Contingency plan: Plan for things to go
wrong! If you are unsure of the parties’ internet
connection or sound quality, consider using
a real-time transcription service. If you foresee
issues with hyperlinks in documents breaking,
consider having all the documents in one place
in the event you have to re-circulate a document.
2. Speak slowly: Something I have been told
repeatedly (even in pre-COVID days), but it is
even more important in a virtual world. Some
people may have poor internet connection or
poor sound quality, so making sure you speak
slowly and clearly is key.
3. Plan to stay in contact with your team: If you
are working with a team, come up with a plan to
communicate with each other during the hearing.
Whether texting, FaceTime, Slack or email,
make sure to agree on a method of communication
so that the members of your team are
always in touch.
What was your biggest issue/surprise with
virtual hearings, and how did you handle it?
The speed and efficiency during a virtual hearing
is so striking. I was surprised at how quickly
and effectively witnesses can be examined virtually
(of course, depending on the witness and
barring any technological hiccups). As a result,
I learned that it is important to have witnesses
available and ready to testify – a witness may
testify even before they are theoretically scheduled
to be examined. Having witnesses available
and flexible will ensure that you are taking
advantage of hearing efficiency and avoiding
lost time during the hearing.
26 27

Business Development for Litigators Part 3
Monday, October 19, 2020 | Live Online
All it Takes
is a Click
to Connect!
TAS Mentoring Portal
Now more than ever, keeping connected
is crucial to a new lawyer’s practice and to
the future of our profession, and the TAS
Mentoring Portal is a great way for junior
members to get some much-needed guidance
and for experienced advocates to give back.
We encourage members to ‘Opt-in’ on their
profile page and make themselves available
to our junior members for a ‘coffee’ and a chat
to offer some support and advice. This portal
is for TAS members only, and is not intended
for members to seek case specific advice.
Make yourself available as a Mentor on your
TAS Member Profile. Forgot your password?
No worries! Our new password reset tool will
have you logged on in a flash! Go to the “Sign
In” section at the top of www.advocates.ca
and become a TAS mentor today!
CLICK HERE TO CONNECT
Jim Bunting, Tyr LLP, Nader R. Hasan, Stockwoods LLP, Gillian T. Hnatiw, Gillian Hnatiw & Co., The Honourable Justice Lorne
28 Sossin, Superior Court of Justice, Margaret E. Wente, Olthuis Kleer Townshend
29

Chris Horkins, YASC Chair
I will be there
with bells on!
Look forward to
“seeing” you!
Equality, Diversity and Inclusion for Litigators
Thursday, October 8, 2020 | Live Online
President’s Festive
Member Mingle
Wednesday, December 9, 2020 | 7:00 pm - 8:00 pm (ET) | Live Online!
Celebrate the holidays virtually with TAS! Please join your fellow TAS
members from coast to coast for a virtual evening of collegiality and
festive cheer. Drop-in and join a Zoom breakout room of your choice
to catch up with familiar faces, or meet other members from the
bench & bar from across Canada.
This complimentary event is exclusive to TAS members.
RSVP
Joseph Cheng, Department of Justice Canada, Nikki Gershbain, McCarthy Tétrault LLP, Gerald Chan, Stockwoods LLP
30 31

Tenth Annual Securities Symposium
Wednesday, September 9, 2020 | Live Online
Christina Galbraith, Ontario Securities Commission
Marie-Noël Rochon, LCM Avocats Inc.
Eva Markowski, Siskinds LLP
32
Jamie Gibson, Naymark Law Alvin Qian, Ontario Securities Commission Annie Tayyab, Affleck Greene McMurtry LLP

Fall Forum: New Frontiers
Friday. October 23, 2020 | Live Online
Fall Forum 2020:
New Frontiers
THANK YOU!
Melanie Banka Goela, Anxiety to Ease Mental Health Consultants,
Chantale Dallaire, Torys, S.e.n.c.r.l, Greg Ko, Kastner Lam LLP, Camille Aubin, ROBIC
We want to send a big thank you out to the
Co-Chairs of Fall Forum: New Frontiers that
took place on Friday, October 23, 2020
Chantale Dallaire, Torys LLP
Webnesh Haile,
Singleton Urquhart Reynolds Vogel LLP
Safina Lakhani,
Crawley MacKewn Brush LLP
Alexandra Mitretodis,
Fasken Martineau DuMoulin LLP
And to our sponsors:
Premier Sponsor:
Supporters:
Christopher Horkins, Cassels , Erin H. Durant Borden Ladner Gervais LLP
35

Fall Forum: New Frontiers
Friday. October 23, 2020 | Live Online
Forgot your
Password?
Christopher Horkins, Cassels , Omar Ha-Redeye, Durham Community Legal Clinic
No worries! Our new
& improved password
reset tool will have
you logged into the
TAS website in a flash!
Reset log-in
credentials
36
Annamaria Enenajor, Ruby Shiller Enenajor DiGiuseppe Barristers, Fabrice Vil, Pour 3 Points

www.advocates.ca