Advocacy-Matters-Fall-2021

ADVOCACY MATTERS
The Advocates’ Society
FALL 2021

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CONTENTS
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Chair Chat
Emily Lawrence, Paliare Roland Rosenberg Rothstein LLP
Facebook Notification: You’ve been served!
Sumeet (Sonu) Dhanju-Dhillon, Torkin Manes LLP, Eunsu (Liz) Hong
Torkin Manes LLP, Nikita Mathew, Torkin Manes LLP
Word to the Wise: Talk Less, Listen More
Megan Keenberg, C.S., Van Kralingen & Keenberg LLP
The Litigator’s Guide to the Business of Law:
Turn-Key Tech
Lionel Tupman, Tupman & Bloom
Roundtable: Representing Indigenous People
and Advancing Reconciliation
Compiled by: Michelle Alton, Tribunal General Counsel
Interview with The Honourable Justice
Marie-Andrée Vermette, Superior Court of Justice
Daniel Baum, Langlois Avocats
Editor: Tamara Ramsey, Dale & Lessmann LLP
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
Advocacy Matters Editorial Team: Michelle Alton, Tribunal General Counsel, Daniel Baum, Langlois Avocats, Megan Keenberg, Van Kralingen &
Keenberg LLP, Ayesha Laldin, Department of Justice Canada, Ontario Regional Office, Zoe Oxaal, Department of Justice, Canada, Civil Litigation Section,
Miranda Spence, Aird & Berlis LLP, Christine Vanderschoot, Vanderschoot Family Law
3

Now Live! 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
Thank you to our Technical Sponsor Dentons Canada LLP
for their support in producing this podcast!

CHAIR CHAT
Chair Chat
Emily Lawrence,
Paliare Roland Rosenberg Rothstein LLP
Happy autumn!
Even though I have not been a student for many years, September still feels like the beginning of
a new year, with new goals and challenges. As the leaves turn and temperatures drop, this season
has been one of gratitude and reflection for me.
First, at least in my professional and personal circles, it seems that people are returning to their
offices, moving slowly towards in-court attendances, and shuttling their kids to in-person school.
I have greatly missed the collegiality of in-person gatherings and energy of in-person advocacy.
The 10+ Standing Committee continues to develop programming for mentorship best practices,
both virtually and in-firm, as we transition back to the office. I encourage you to read Megan Keenberg’s
inaugural column on mentorship in this issue. I also encourage to you attend our virtual
and (hopefully) in-person events in the coming months.
Second, this fall has been a period of reflection and education. During the first National Day of
Truth and Reconciliation, my firm encouraged our lawyers and staff to consider how the legal community
can use its privilege and power to advance reconciliation and the Calls to Action made by the
Truth and Reconciliation Commission, with the facilitation of an Indigenous scholar. I spent this day,
and Thanksgiving Day, reflecting on Canada’s colonial past, the justice system that has bolstered
the oppression of Indigenous peoples, and the role of advocates within that system. The roundtable
article in this issue on representing Indigenous peoples and advancing reconciliation with three
lawyers practising in that area is an excellent resource, as is the Guide for Lawyers Working with
Indigenous Peoples, available on The Advocates’ Society’s website in both English and French.
Have a safe and happy autumn season.
5

NEW LAW
Facebook Notification:
You’ve been served!
Sumeet (Sonu) Dhanju-Dhillon, Torkin Manes LLP,
Eunsu (Liz) Hong, Torkin Manes LLP, and
Nikita Mathew, Torkin Manes LLP
Social media platforms: Not only a medium for sharing pictures or circulating
humorous memes, but also a method of serving documents in civil
litigation proceedings?
Earlier this year, we acted in the case of Braet v Ramputh as counsel for one
of the Defendants. 1 Our client sought to defend the action, as well as to commence
a Crossclaim against another Defendant. However, the Defendant
against whom we sought to commence a Crossclaim had not delivered a Notice
of Intent to Defend, or a Statement of Defence, bringing the Defendant
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within Rule 28.04(2) of the Rules of Civil Procedure.
Under this Rule, the Defendant shall be served
with the Statement of Defence and Crossclaim
personally, or by an alternative to personal service.
And yet, serving the Statement of Defence
and Crossclaim personally, or by an alternative
to personal service, posed significant challenges.
The Defendant who was to be served was a
pilot living a nomadic lifestyle. His physical address
was unknown and his whereabouts could
not be ascertained.
Rule 16.04(1) allows for the Court to make an
Order for substituted service where it is impractical
to effect prompt service personally or by an
alternative to personal service. The standard set
in prior cases for substituted service to be permissible
is that such service must have “some likelihood”
or a “reasonable possibility” of bringing the
action to the attention of the party being served.
Although there is a limited body of case law
where the Court has permitted substituted service
over a social media platform, based on the facts of
the case, we decided that there was a “reasonable
possibility” of bringing the action to the attention
of the Defendant through Facebook and to bring
a Motion for substituted service. The Defendant
was an active user of Facebook, and there was no
question that the accountholder of the Facebook
account was the one and the same individual as
the Defendant who was to be served. There were
several indicia making it plainly obvious, including
the profile name (which was not a common
name), and the biographical and professional information
provided on his Facebook page. At one
point, the Defendant had even reached out directly
to our client via Facebook Messenger regarding
the main action commenced against it.
Ultimately, in our case, the Ontario Superior Court
made an Order permitting substituted service of the
Statement of Defence and Crossclaim by way of private
Facebook message on the Defendant.
Service through social media accounts may
present unique challenges, but such challenges
can be overcome with creative solutions. For
example, in Jewish Family and Child Services of
Greater Toronto v KB, the Court astutely recognized
that the individual who was being served
could have taken steps to block the sender from
being able to send messages through Facebook.
2 The Court remedied this problem by permitting
substituted service to be sent through a
different Facebook account.
This Order is a step forward for the Courts in
embracing unique, yet also practical, ways to
approach substituted service in today’s world
where social media platforms are ever growing
in usage and popularity.
After all, many people check their social media
accounts more often than their mailboxes!
Notes
1. Braet v Ramputh (14 July 2021), Sarnia CV-20-00000124-0000
(Ont Sup Ct ).
2. Jewish Family and Child Services of Greater Toronto v KB, 2016
ONCJ 259 at para 22.
7

Courthouse Series 2022
Taking the Surprise out of Trial
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London
February 23, 2022
Kingston
February 24, 2022
Thunder Bay
March 1, 2022
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March 2, 2022
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March 3, 2022
Milton
March 4, 2022
Barrie
March 8, 2022
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March 9, 2022
Kitchener-Waterloo
May 4 & 11, 2022
LEARN MORE OR REGISTER
8

MENTORING
Word to the Wise:
Talk Less, Listen More
Megan Keenberg, C.S.,
Van Kralingen & Keenberg LLP
Welcome to the Word to the Wise, a regular column devoted to sharing mentoring tips designed
to maximize the effectiveness of 10+ mentors. For this inaugural column, I will be sharing the golden
rule of mentoring: talk less, listen more.
The locus of the mentoring relationship is the mentee. It is the mentor’s task to get to know their
mentees - their goals, interests, foibles and talents – in order be in a position to champion and advise
them effectively. When a mentee asks for guidance on a particular issue, most of us default to
sharing what we did in the past when faced with a similar issue, or what we would do if we were in
their shoes now. This is less helpful than we think it is. What we did in 1999 as a new lawyer may
have little application to the current state of the profession. What we would do now as senior members
of the bar may have little resonance with the mentee’s personal circumstances and context.
The real goal is to assist the mentee in analyzing the issue from their own unique circumstances. The
way to do that is by asking smart questions designed to prompt our mentees into deeper or broader
thinking for themselves, taking into account other perspectives. There is no one-size-fits-all option
with mentoring or advice: it must be tailored to the person seeking guidance.
If you have a mentoring tip or question, feel free to send it along to us at Advocacy Matters here.
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Civility 2021:
Embracing Our
Shared Humanity
Thursday, December 16, 2021
1:00 pm to 4:00 pm (ET)
Live Online
Our signature education program on civility
and professionalism returns this year to answer
the question: how can we lift each other up in
a profession that can get you down?
Join us to learn the tips and insights you need
to navigate the unique and changing civility
challenges in your litigation career.
You Will Learn:
• What defines the relationship between
civility and mental health and wellness
• How civility has evolved in the Hybrid
Courtroom
• How to practically address unique challenges
to civility in the legal profession
To learn more or register, click here
or visit www.advocates.ca
10

EVENT REPORT
The Litigator’s Guide to the
Business of Law:
Turn-Key Tech
Lionel J. Tupman, Tupman & Bloom LLP
On September 28, 2021, the 10+ Standing Committee hosted a virtual seminar focused on the
adoption and business-wise use of emerging technologies. Chaired by the author and Andrew
Winton (Lax O’Sullivan Lisus Gottlieb LLP), the program featured panelists Hilary Book (Book Law),
Sandy Lockhart (Polley Faith LLP) and Justin Nasseri (Ross Nasseri LLP).
The legal industry continues to adapt to the new norm of operating during a pandemic by implementing
technologies to facilitate remote work and virtual hearings.
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Key areas to consider for new software solutions
are:
• cloud-based solutions for common programs;
• PDF editors;
• enterprise solutions (i.e., practice management
or billing software);
• document management software;
• efficiency tools such as legal document
precedent software; and
• e-Discovery platforms and/or outsourcing
e-Discovery, for example with companies
like Heuristica and Innov8.
Lawyers need to be mindful of their professional
and statutory obligations of competency
under the Rules of Professional Conduct and confidentiality
under the Personal Information Protection
and Electronic Documents Act. Law firms
must observe common safeguards when using
cloud computing or legal technologies. As the
saying goes, prevention is the best defence.
Law firms must also remain cognizant of their
responsibilities to maintain proper records by
having appropriate retention policies and technologies
in place.
As litigators, we can best serve our clients
when using the tools and resources around us
competently and efficiently, and in a way that
is compatible with our goal of advocating for
our clients. However, the significant developments
in computer technologies and cloudbased
solutions discussed in this seminar have
allowed firms to practise in ways they could
not have five years ago – and these tools have
allowed boutiques and sole practitioners to
hold their own with large firms. In summary,
technology in a legal practice may give lawyers
a competitive edge and it behooves us all to
adopt and learn how to use some of the incredible
tools available in the market today.
*The video archive of this session will be available
on the TAS Member Resource Library in
December 2021.
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Arbitration Advocacy
Plenary Details
Tuesday, December 7, 2021
1:00 pm to 4:00 pm (ET)
Live Online
Workshop Details
Wednesday, December 8, 2021
1:00 pm to 4:30 pm (ET)
Live Online
Arbitration advocacy requires unique skills
you may never learn in court. In this
specialized program, leading arbitrators
and practitioners will share their strategies
for effective advocacy at each stage of the
arbitration process.
Discover top tips for effective case preparation
and get the arbitration jurisprudence
updates you need to know. Receive best practices
for navigating ethical issues and overcoming
cultural barriers in arbitration, whether
international or domestic. Find out how
you can tailor your advocacy approach to the
current landscape with advice from arbitrators
and top practitioners on the key lessons
learned from conducting arbitrations during
the pandemic. Walk away with the skills and
knowledge you need to navigate your next arbitration
with confidence.
To learn more or register, click here
or visit www.advocates.ca
13

Juggle, Juggle,
Toil and Trouble
Friday, December 10, 2021
12:00 pm - 1:15 pm (ET)
Live Online
Many women advocates experience particular challenges in
the middle years of their career, as increasing responsibilities
at work and at home come into conflict. Hear from our
seasoned panel on the benefits of pushing through the
difficult years, and giving effect to the phrase coined by Justice
Akbarali: “The best way to stay in practice is to not quit”.
Attendees will have the opportunity to continue the
discussion in breakout rooms.
This event is being organized by the Women in Law
Working Group of the 10+ Standing Committee.
To learn more or register, click here
or visit www.advocates.ca
14

TRUTH AND RECONCILIATION
Roundtable: Representing
Indigenous People and
Advancing Reconciliation
Compiled by Michelle Alton and featuring
Scott Robertson, Karey Brooks and Caroline Briand
Representing Indigenous clients often involves advancing unique claims and navigating complex
issues. In this roundtable, we talk to three lawyers experienced in representing Indigenous clients
about some of the distinct features of this work. We also explore what the legal profession can
do to advance reconciliation.
Scott Robertson is an Associate at Nahwegahbow Corbiere, which acts exclusively for First Nation
individuals, communities and organizations. Scott regularly advises clients on Aboriginal rights,
Treaty rights and title issues, as well as tax and business structures.
Karey Brooks is a principal at JFK Law Corporation in Vancouver. She primarily acts for First
Nations and First Nation organizations in court and negotiations with government and industry.
Caroline Briand is a partner in the litigation group at Langlois Avocats office in Montréal. She specializes
in Indigenous law, advising Indigenous governments, organizations, businesses, and individuals.
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What are some of the unique aspects of working
with and representing Indigenous clients?
Scott Robertson, Nahwegahbow Corbiere
Karey Brooks, JFK Law Corporation
SR: It is both an honour and a pleasure to work
with Indigenous clients. As a Mohawk and
member of Six Nations of the Grand River, the
importance of the work I do on behalf of Indigenous
peoples has a profound personal meaning.
For 27 years in Canada, it was against the
law for a lawyer to represent a First Nation on a
prospective claim. It is impossible to know how
First Nation peoples must have felt within those
27 years when they were unable to access legal
representation to protect the very essence
of their Indigenous laws and culture which are
embodied in their lands and waters.
Canada’s continued and pernicious attempts
to colonize Indigenous peoples has left a permanent
stain on the original treaty relationship
with Indigenous peoples, relationships which
were to last as long as the rivers flowed, the
grass grew and the sun shone. It is against these
historical and present-day injustices that Indigenous
peoples must now reconcile and seek justice
from the same Courts that, for more than a
century and a half, have denied their rights and
enforced government legislation and policies
which have been deemed to be “genocide”.
It is imperative that legal practitioners representing
Indigenous clients understand and respect
this colonial history and provide opportunities
to listen and educate themselves as per their
client’s particular interests and outcomes beyond
the common law adversarial approach to justice.
16
CB: I speak from my perspective as a non-Indigenous
lawyer of settler descent.
Working with and representing Indigenous
clients requires humility, and the capacity to
acknowledge the limits of one’s own life experience.
I find I must also be mindful of the language
and culture gaps. As a Francophone, I often
find myself working with Indigenous clients
for whom English is also their second language.
As will be the case for any lawyer working in
a cross-cultural context, there is an increased

need to communicate clearly and quickly dispel
any misunderstanding.
KB: As a settler lawyer, it is my ethical responsibility
to understand the cruel and oppressive
history that generations of Indigenous peoples
have endured since contact with Europeans, and
to understand the ongoing impact that attempts
at colonization have had on Indigenous peoples.
Representing Indigenous clients also involves
humble inquiry into our clients’ cultural values
and worldviews, and an obligation to learn Indigenous
legal systems. To provide meaningful
legal advice, we depend on the sharing of knowledge
by Indigenous peoples not usually shared
outside of existing interpersonal relationships.
Appreciating what is at stake for Indigenous peoples
when their knowledge is shared with outsiders,
and the duty to use that knowledge responsibly,
is critical to building the trust required for a
meaningful solicitor-client relationship.
What factors influence the participation of
Indigenous persons and communities in the
Canadian justice system?
KB: Our clients are required to enforce their legal
rights within a legal system that is unrepresentative
of their own. Many of our clients view
the legal system as a place that has not served
them, and feel an abiding sense of exclusion
and trauma. The legal system must be transformed
into a space for recognition and healing
for Indigenous peoples. The Federal Court in
particular is taking steps to enhance the experience
of Indigenous participants. Further, the
significant cost to access the courts is simply
out of reach for most Indigenous peoples and
First Nation governments. Section 35 rights cases
can cost millions of dollars, and take years
to resolve. The legal system, including government
lawyers, must find ways for First Nations
to vindicate their rights without becoming destitute.
Reconciliation has a place in litigation.
Caroline Briand, Langlois Avocats
SR: The Truth and Reconciliation Commission’s
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Final Report (2015) specifically identified the
role Canadian law and legal institutions play in
the colonization of, and continuing injustices
perpetrated on, Indigenous peoples in Canada.
The historical legacy of forced assimilation,
residential schools, and the criminalization of
Indigenous cultures and ceremonies has created
a multitude of barriers to representing
Indigenous clients within Canada’s current judicial
structure including but not limited to: unavailability
of translation of decisions and proceedings
into Indigenous languages, difficulty in
accessing online court processes, bias in the selection
of juries, lack of representation of Indigenous
peoples on courts and tribunals, reduced
enrollment in law schools, harsher sentencing,
higher incidents of incarceration, lower incidents
of investigation of crimes, and resistance
to incorporating Indigenous perspectives and
laws into common/civil law judicial systems.
These factors continue to negatively influence
Indigenous people’s participation before the Canadian
justice system. Indigenous peoples have
expressed a lack of trust and an overall apathy
towards the Canadian justice system which for
over a century was used to prevent Indigenous
peoples from asserting their inherent rights.
CB: Geography remains a major barrier. In Québec,
it remains to this day difficult for Indigenous
litigants to access civil courts and administrative
tribunals as these courts and tribunals
often sit in southern areas, or in city centres, far
from Indigenous communities and will not travel
to hear cases in these communities. Likewise,
alternative dispute resolution mechanisms,
such as arbitration and court-supervised mediation,
are difficult and costly to hold in Indigenous
communities; it may also cost a fortune
for Indigenous litigants to travel south for just a
few days of mediation.
Using videoconference to conduct hearings is
not a perfect solution, as access to a computer
and high-speed Internet is still difficult in many
northern or remote communities.
Language also remains a barrier to access to
justice. In Québec, this is especially the case for
Indigenous litigants whose second language is
English, rather than French. To be fair, a lot has
been done in the last decade to improve access
to justice for Indigenous persons in criminal,
family, adoption and youth protection matters.
However, there is still a lot to do with respect to
civil and administrative matters.
What does reconciliation look like within
the legal profession and what can advocates,
organizations and leaders do to advance
reconciliation?
CB: A good place to start is reading and educating
yourself and others around you. Law societies,
law schools and lawyers individually should not let
the calls to action of the Truth and Reconciliation
Commission, of the National Inquiry into Missing
and Murdered Indigenous Women and Girls, and
in Québec, of the Viens Inquiry, collect dust on a
shelf until the next public inquiry. A lot has been
said, hundreds of testimonies have been heard
and collected, and thousands of pages have been
written. However, the truth remains that few recommendations
and calls to action have been implemented
in a substantial manner.
As a lawyer, I believe that being aware of one’s
own biases and of the inherent, structural biases
of the law and of the legal system, is an ethical
duty and a necessary step towards reconciliation.
SR: It has been more than 30 years since the
Supreme Court of Canada first applied section
35(1) of the Constitution Act, 1982 recognizing
and affirming that Aboriginal rights predate
Canada’s independence. In order to rectify the
continuing systemic racism experienced by Indigenous
peoples, courts should be called upon
to protect Indigenous rights in what Professor
Naiomi Metallic terms “judicial courage”. As set
out by Justice Dickson in R. v. Sparrow, [1990]
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1 SCR 1075, “The constitutional recognition afforded
by the provision [s. 35 of the Constitution
Act, 1982] therefore gives a measure of control
over government conduct and a strong check
on legislative power” (at p. 1110). It is this judicial
oversight that must be developed to ensure
Indigenous peoples’ rights, including both Aboriginal
and treaty rights are protected against
the interests of the government. Reconciliation
requires the recognition and implementation
of Indigenous laws and perspectives into the
Canadian judicial system. The legal profession,
including advocates and the judiciary, have a
role to play to ensure these principles of reconciliation
are upheld including implementing TRC
Call to Action 50. 1
Reconciliation requires challenging current
paradigms such as the Crown’s insistence that
it is sovereign over Indigenous people and
that the introduction of European-based laws
somehow supersedes existing Indigenous
laws. This shift in understanding is in keeping
with the purpose of section 35 as a broader
reconciliation of Indigenous and non-Indigenous
Canadians in a mutually respectful longterm
relationship.
KB: To be held accountable for reconciliation
in our day-to-day operations, law firms should
consider adopting a Reconciliation Response
Plan. After the Truth and Reconciliation Commission
released its calls to action, our firm
launched its Reconciliation Response Plan,
which creates a list of clear strategic directions
to advance reconciliation including in
anti-oppression training, supporting Indigenous-owned
businesses, providing pro bono
services to Indigenous peoples, and practising
with a trauma-informed lens. We should
also champion and support initiatives that
work to reclaim Indigenous legal knowledge
and traditions. That kind of work is exemplified
by the anticipated National Centre for Indigenous
Laws at the University of Victoria.
*Editor’s note:
The Advocates’ Society, in partnership
with the Indigenous Bar
Association and the Law Society
of Ontario, developed the Guide
for Lawyers Working with Indigenous
Peoples in 2018. The Guide
is intended to serve as a helpful
resource for lawyers to learn
about important historical and
cultural elements that provide
context for the professional relationships
among Indigenous
persons, their lawyers and other
participants in the justice system.
The Guide also provides
practical tools to help lawyers
represent Indigenous clients as
effectively as possible. In some
small way, we hope this Guide
will contribute to the national
conversation on reconciliation
and access to justice.
Note
English
Français
1. TRC Call to Action 50 reads: “In keeping with the United
Nations Declaration on the Rights of Indigenous Peoples, we
call upon the federal government, in collaboration with
Aboriginal organizations, to fund the establishment of
Indigenous law institutes for the development, use, and
understanding of Indigenous laws and access to justice
in accordance with the unique cultures of Aboriginal
peoples in Canada.”
19

INTERVIEW
Interview with
The Honourable Justice
Marie-Andrée Vermette,
Superior Court of Justice
Compiled by Daniel Baum, Langlois Avocats
On March 3, 2021, Marie-Andrée Vermette was appointed as Judge of the Superior Court of Justice
of Ontario. Formerly a partner at WeirFoulds LLP specializing in commercial litigation and
public law, Madam Justice Vermette served as Co-Chair of the TAS E-Hearings Task Force, and as
vice-president of l’Association des juristes d’expression française de l’Ontario.
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Q. Early in your career, you clerked for Justice Gonthier at the SCC. How did that experience
shape your view from the bench?
A. I think that my clerkship experience has probably shaped my “view from the bench” in many different
ways, but one important way in which it did is by providing me with an exceptional role model
to strive to emulate. At his swearing-out ceremony, Chief Justice McLachlin (as she then was) described
Justice Gonthier as a judge’s judge. His conduct was always beyond reproach. He was eminently
respectful – to his colleagues, to counsel and, ultimately, to the parties before the court. He
was keenly interested in almost every case that came before him and had a lot of compassion (this
trait led him to write a number of articles on the concept of fraternity in the law toward the end of
his career). He also showed a lot of humility and was prepared to have his mind changed. His intelligence,
analytical mind, wisdom, patience, calm attitude, and listening skills were admirable. While
I did not always agree with his conclusions, I always had an immense respect for him because he
always reached his decisions in a principled manner and after very careful deliberation.
Q. As former Co-chair of the TAS E-Hearings Task
Force, what is the best advice you can give counsel
appearing before you in an E-Hearing?
A. Read the second edition of the Best Practices for
Remote Hearings! I would add that while technical difficulties
are sometimes unpredictable and impossible
to avoid, counsel should do everything that they can to
reduce the chances that they or their clients/witnesses
will experience technical difficulties during a hearing.
The Best Practices for Remote Hearings contain tips
in this regard.
Q. What are the biggest challenges
facing the Court in
dealing with the recent proliferation
of E-Hearings?
A. I think that one important
challenge is access to justice for
individuals who do not have reliable
access to the Internet and/
or the tools that are required to
participate in a remote hearing
and file documents online.
Q. Diriez-vous que votre bilinguisme (français et anglais) a été un atout pour vous dans le cadre
de votre pratique?
A. Je pense que le bilinguisme est toujours un atout. Certains exemples évidents sont l’interprétation
des lois bilingues, la compréhension de décisions qui sont rédigées uniquement en français
(du Québec ou d’ailleurs) et la représentation de clients francophones. Mon bilinguisme m’a aussi
permis de créer des liens et de m’impliquer au sein de la communauté juridique francophone en
Ontario, notamment au sein de l’AJEFO (l’Association des juristes d’expression française de l’Ontario),
ce qui a été une expérience très enrichissante.
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Q. Vous avez reçu une éducation bijuridique à l’Université McGill. En quoi cette formation vous
a-t-elle servie dans le cadre de votre pratique basée à Toronto?
A. J’ai adoré mes années à McGill et je pense qu’il est toujours préférable d’en connaître plus
que moins, alors je suis très fière de mon éducation bijuridique. J’ai souvent été sollicitée par
des collègues qui voulaient comprendre un arrêt québécois. De plus, les sources québécoises
peuvent parfois servir d’autorités persuasives dans certains domaines du droit de la common law,
comme la Cour suprême du Canada l’a récemment confirmé en ce qui concerne le principe directeur
de bonne foi, par exemple. De façon générale, je pense que ma formation bijuridique m’a
permis de développer un bon esprit d’analyse et de mieux comprendre les spécificités de chaque
système et, bien sûr, tout ce qu’ils ont en commun. Il s’agit d’un outil de plus quand on analyse un
problème et on cherche une solution.
Q. Que diriez-vous à une personne qui pourrait avoir des appréhensions face à l’idée de devoir
plaider dans sa seconde langue pour la première fois?
A. Je suis passée par là. Souvent, au début de ma carrière, j’avais l’impression quand je plaidais en
anglais que mon accent était plus prononcé que d’habitude et à couper au couteau. Il faut réaliser
que nous sommes souvent nos pires critiques et qu’il faut commencer quelque part. Si vous avez
les compétences linguistiques nécessaires pour représenter des clients dans votre langue seconde,
je vous encourage à le faire. Avec le temps, vous allez vous améliorer, le stress va diminuer
et je pense que vous allez trouver ces expériences fort enrichissantes.
Q. What is the most unusual job you have ever had?
A. When I was about 18, I was part of a comedy group with 5 friends. We were paid a (very modest)
fee to perform on an outdoor stage of the Just for Laughs festival in Montreal one Saturday night.
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Q. Last book you read?
A. L’anomalie by Hervé Le Tellier.

Credit: Philippe Landreville, photographer
Supreme Court of Canada Collection
The Bench Speaks
Friday, November 26, 2021 | 1:00 pm - 4:30 pm (ET) | Live Online
Program Chairs:
Alf Kwinter, Singer Kwinter Personal Injury Lawyers
Linda Rothstein, LSM, ASM,
Paliare Roland Rosenberg Rothstein LLP
Join us for this popular program designed by senior counsel for senior counsel. Gain insight and
advice from an all-judge faculty on advanced advocacy techniques and hot topics in the courtroom.
You will learn:
• Advanced strategies for tailoring your advocacy approach from the trial level to the appellate level
• How judges really feel about demonstrative evidence and the most effective ways to use it
• The latest developments in summary judgment motions and more
This year’s program will feature an intimate Fireside Chat with The Hon. Rosalie Silberman
Abella and Linda Rothstein on the incredible life and trailblazing career of the former Supreme
Court of Canada Justice.
To learn more or register click here
or visit www.advocates.ca/Bench21
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Presentation of The Catzman Award
September 14, 2021 | Live Online
The Hon. Chief Justice George R. Strathy, Court of Appeal for Ontario
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The Hon. Chief Justice Geoffrey B. Morawetz, Superior Court of Justice

The Hon. Chief Justice Lise Maisonneuve, Ontario Court of Justice
Jennifer McAleer, Fasken, Recipient of the Catzman Award 25

Atlantic Symposium 2021
October 1, 2021 | Live Online
The Hon. Judge Perry F. Borden, Provincial and Family Court of Nova Scotia
Alisha Brown-Fagan, Nova Scotia Legal Aid
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Kelsey Jones, Indigenous, Black & Mi’kmaq Initiative,
Dalhousie University
Nathan Sutherland, Pink Larkin

Rosellen Sullivan, Sullivan Breen Defence
Jade Pictou, MacKillop Pictou Law Group Inc.
Bryna Hatt, Fraser Hatt Law
Jason Cooke, Burchells LLP
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Peter Hrastovec with the Fall Journal
Peter Hrastovec, Shibley Righton LLP

How to Mentor
November 9, 2021 | Live Online
Megan Keenberg, Van Kralingen & Keenberg LLP
Benjamin Kates, Law Society of Ontario
Zachary Al-Khatib, Liberty Law LLP
Alana Robert, McCarthy Tétrault LLP
Khrystina McMillan, Mathers McHenry & Co
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Dirty Tricks of Appellate Advocacy?
October 26, 2021 | Live Online

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Women in Litigation Symposium (Ontario) 2021
October 29, 2021 | Live Online
Anne M. Turley, Department of Justice
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The Hon. Susan M. Vella, LSM, Superior Court of Justice

The Hon. Julie A. Thorburn, Court of Appeal for Ontario
The Hon. Justice Jodie-Lynn Waddilove, Ontario Court of Justice 33

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www.advocates.ca