Advocacy-Matters-Fall-2023

ADVOCACY MATTERS
The Advocates’ Society
FALL 2023

CONTENTS
05
06
09
11
24
32
Chair Chat
Steven Frankel (he/him), Davies Ward Phillips & Vineberg LLP
The Happy Lawyer Project
Lisa Marie Buccella, Aviva Trial Lawyers
Word to the Wise: Coachability
Megan Keenberg (she/her), Keenberg & Co
The Surprisingly Offensive Origins of
Commonly Used Phrases
Megan Keenberg (she/her), Keenberg & Co, and Jordan Glick (he/him),Glick Law
AI and the Legal Profession:
Will AI eliminate or augment the practice of law?
Jeff Van Bakel (he/him), Scott Petrie LLP
Interview with Lia Bruschetta (she/her), Osler,
Hoskin & Harcourt LLP
Compiled by Mana Khami (she/her), Borden Ladner Gervais LLP
Editor: Megan Keenberg (she/her), Keenberg & Co| mkeenberg@keenco.ca
Deputy Editor: Joe Thorne (he/him), Stewart McKelvey | joethorne@stewartmckelvey.com
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
Advocacy Matters Editorial Team: Jeff Van Bakel, Scott Petrie LLP, Lisa-Marie Buccella, Aviva Trial Lawyers, Jordan Glick, Glick Law, Mana Khami, BLG,
Eric Morgan, Kushneryk Morgan LLP, and Wade Poziomka, Ross & McBride LLP.
3

WHAT’S COMING UP @ TAS
(Click on the program to learn more)
CHAIR CHAT
DEC 07
Dealing with Self-Represented
Litigants
(Via Zoom)
DEC 14
Civility and
Professionalism for
Litigators
(Via Zoom)
Jan 18
An Evening with the
Commercial List
(In Person)
DEC 01
View From the B.C.
Bench
(Vancouver, BC, Live
Online)
DEC 08
The Bench Speaks
(In Person with
Live Online)
Jan 26
Tricks of the Trade
(In Person)
DEC 04
Fireside Chat with The
Hon. Justice Richard
Bernstein
(Toronto, ON, Live
Stream)
DEC 15
Dow, Iris, and Jurisdiction
Issues in Tax
Litigation
(Live Stream)
DEC 06
Written Appellate
Advocacy
(Via Zoom)
DEC 12
Examinations for
Discovery: Building
Block Three
(Live Online)
Jan 16
Examinations for Discovery:
Building Block Four
- Workshop
(Via Zoom or In Person)
Chair Chat
Steve Frankel (he/him), Davies Ward Phillips &
Vineberg LLP
It might still be Fall but we are looking forward
to Winter more than ever this year: we
are thrilled to introduce the Winter Summit:
The Big Chill Ottawa! This is the first destination
TAS conference dedicated to mid-career
advocates who have been in practice for 10 to
20 years. Through the outstanding efforts of
our conference chairs – Jennifer Hunter, Brian
Duong, David Thompson, and Erin Durant - we
have secured a first-rate line-up of speakers
and events, including not one but two Supreme
Court of Canada Judges: the Hon. Justice Suzanne
Côté and the Hon. Justice Mahmud Jamal
will be joining us in person for a Fireside
Chat at the Château Laurier. The Winter Summit
presentations will be focused on the topics
that matter most to mid-career advocates as
we transition into senior roles in our practices:
leadership, mentoring and management.
Space is limited so register now to secure your
spot at the premiere event of the year here.
This Fall Issue of Advocacy Matters features
the first column in a series by Lisa Marie Buccella
of Aviva Trial Lawyers called The Happy
Lawyer Project, in which she offers strategies
for building a more fulfilling work life. One person
who seems to have that balance all figured
out is our featured TAS member Lia Bruschetta,
a litigation partner with Osler, Hoskin & Harcourt
LLP. In her interview with Mana Khami of
BLG, Lia credits much of her success and fulfillment
in practice to the meaningful pro bono
work she does. If you are looking to get more
involved in community works, there are links
at the end of Lia’s interview directing you to a
variety of pro bono initiatives across the country
that TAS members like Lia support as dedicated
volunteers.
Editor-in-Chief Megan Keenberg of Keenberg
& Co partnered with Jordan Glick of Glick
Law to share a primer on the Surprisingly Offensive
Origins of Commonly Used Phrases.
In this piece, Megan and Jordan uncover the
cringe-worthy original meanings of everyday
words and phrases we casually use in the workplace,
which will make us think twice about the
impact of our language on our colleagues and
clients.
Rounding out the issue, Jeff Van Bakel of
Scott Petrie LLP tackles a topic that is on everyone’s
minds these days: the use of Generative
AI, what it means to the legal profession, and
how it can be harnessed to complement – rather
than supplant – our practices.
5

THE BALANCED BREAK: INSIGHTS FOR A WELL-LIVED LIFE
The Happy Lawyer Project
Lisa Marie Buccella, Aviva Trial Lawyers
6
Our personal and professional
lives are inextricably
linked. When did you
last meet somebody who
was truly fulfilled at work
but had a terrible personal
life? Or vice versa?
That’s a unicorn, but not
the good kind.
A typical white-collar professional spends
around 50 percent of their waking hours at
work. And in our industry, it can be quite a bit
more. This is the first column in a series about
making work and life better.
Considering the rate of burnout in our profession,
we could be forgiven for believing
that happiness is a fallacy. We use earnings,
career growth, and appearances on industry
lists as proxies for it, and to validate that
we’ve arrived. However, if the signposts along
the way are a broken relationship, chronic
feelings of overwhelm, a therapist’s office,
or a home where the kids are already asleep
when we arrive, then the destination is probably
wrong.
Social scientist and Harvard professor Arthur
Brooks has identified the two factors
within every industry that lead to meaning
and happiness at work: a feeling that we are
earning our success, creating value with our
work, and are recognized for it; and that we
are serving others and feel needed. The same
arguably applies to our personal lives.
Our personal and professional lives are
inextricably linked. When did you last meet
somebody who was truly fulfilled at work but
had a terrible personal life? Or vice versa?
That’s a unicorn, but not the good kind.
You have a range of stakeholders across
your professional and personal life, and
they’re depending on you to be your best:
best lawyer, best colleague, best parent, best
partner, and best self. If your circumstances
don’t allow for this, it’s time to make a change
and introduce a new gameplan.
I invite you to send your observations or
questions on making work and life better to
lisamarie.buccella@aviva.com. In every column,
I’ll discuss strategies to build a more
fulfilling work life and by extension, personal
life. I’m also interested in engaging industry
leaders who have something to say on the
topic. If that’s you, let’s talk.
Lisa Marie Buccella is happily married, has five children, one Bengal cat, and nearly a year of cancer treatment
under her belt. She lives in Toronto and has been practicing since 2007.
7

WORD TO THE WISE
Word to the Wise:
Coachability
Megan Keenberg (she/her), Keenberg & Co
Did you know The Advocates’ Society has a new
online mentoring program exclusively for TAS members?
TAS
MENTORING
PORTAL
A key goal of this new mentoring program is to create a simple way for our Junior Members to
feel more connected to their professional community and obtain some career advice from more
experienced members of the bar. This program model is convenient, efficient and effective:
√
√
√
No long-term commitments.
No extensive questionnaires or matching.
No heavy agendas, minute taking or long-term planning.
Just simple connection and conversation for junior lawyers to get some tips and connect with
someone new.
More information is available on the
TAS mentoring website page.
TAS Junior Members are automatically signed
up. Click here to set up your profile today!
Before I came to the law, I was a professional
actor. In hindsight, the theatre may have been
the most fertile training ground for a career in
litigation. I’m not talking about the ‘stand and
deliver’ presentation skills that actors bring
to advocacy. I’m talking about coachability. I
learned how to be coachable by receiving extensive
notes from directors before, during
and after performances. Directors’ notes varied
widely from simple blocking suggestions to
Socratic discussions on the motivation of the
character to identifying how the scene related
to the overarching themes of the play, to ‘line
readings’ where the director would say your
character’s line exactly the way they wanted it
said and tell you to mimic it. Line readings were
the least helpful type of note, typically offered
as a last resort when all other notes had failed.
The best notes were not framed as directions at
all, but rather as questions that sparked epiphanies
and gave me a fresh perspective.
While receiving notes was not always comfortable,
the occasional sting was outweighed
by the exhilaration of an insightful note. Because
of the regularity of the notes, and my
confidence that the purpose of these sessions
was to bring out my best possible performance,
I never dreaded receiving feedback. To the contrary,
I looked forward to it.
I learned to be coachable because I was actively
coached.
Being actively coached instilled in me a
healthy appetite for feedback, collaboration
and self-improvement that serves me well as
a litigator. Unlike micro-management, active
coaching gave me the freedom and the safety
net to explore and develop my own style and
my own process. It fostered my agency. I use
that same active coaching style when mentoring
other litigators. Active coaching leads to more
confident, self-reliant advocates who embrace
continual self-improvement and have the tools
to maintain a lifetime of learning.
This is different from the standard passive
feedback we typically see in the legal profession,
which mostly consists of blacklines showing
senior lawyers’ revisions to junior lawyers’
first drafts. A blackline is akin to the dreaded
line reading: “This is how I would do it instead.”
You can learn to emulate someone else’s writing
and advocacy style from blacklines, but they’re
not helpful in developing your own style.
Instead, try providing directive comments
(“notes”) on your mentees’ work. “The structure
of this section of the factum is confusing.
What’s the most important point we need to
make here? Can you strip it back to outline and
rebuild it?” These kinds of comments invite your
mentees into the process with you and help
them build confidence as they answer their
own questions. It’s also more time and cost-efficient
to send drafts back with notes instead of
****At this time, the program is only available in English but we are working with Mentorship Rocket to build a bilingual (English and French) site for later in 2023.
9

undertaking significant revisions at your higher
hourly rate.
Likewise, instead of hoping your mentees
learn oral advocacy by watching you in court,
share submissions with them. Help them map
out their speaking points, moot the arguments
and anticipated questions, rehearse the presentation,
and give them notes right afterwards:
“The judge perked up when you made
that point about the timing of the sale.” Or “The
judge looked overwhelmed by all the dates –
let’s include a one-page timeline in our closing
submissions.” Again, this doesn’t take any extra
time. It may even be more time-efficient to divide
and conquer in a coordinated way - helping
your mentee prepare will also help you prepare.
Jordan Glick
TABOO TALK: ORIGINS EDITION
Megan Keenberg
The Surprisingly
Offensive Origins
of Commonly
Used Phrases
Jordan Glick (he/him), Glick
Law, and Megan Keenberg
(she/her), Keenberg & Co
As litigators, we know that precision in language
matters. We spend much of our time
parsing the words of statutes, decisions,
contracts and even emails to get to the
meat of the issue: the writer’s intent. If our
words elucidate our intent, then we need
to be discerning in the words we use. Many
everyday phrases are used in the workplace,
in court, with colleagues and clients,
without much thought about their original
meanings.
In this piece, we delve into the surprisingly
offensive origin stories of phrases we use
in casual conversation and offer easy alternatives
to stand in their stead. Our aim is to
inform. Once we understand the shocking
origins of these words and phrases, we can
work to avoid unwittingly peppering our
communications with slurs and unknowingly
alienating those around us. This article is
a follow up to Megan Keenberg’s 2021 piece
“You Don’t Look Like a Lawyer!”
11

Phrase
Origins
How It’s Used
Alternatives
Powwow
A quick, informal meeting.
“Let’s meet at 9:30 for a powwow
before we head into court.”
In Indigenous cultures, there is
nothing quick or casual about a
powwow. Powwows are enormous
celebrations that require
months of planning. They are
a way to celebrate Indigenous
heritage, art, and community.
Misusing the term powwow
to describe something quick,
informal and casual diminishes
the great importance of these
gatherings.
A QUICK MEETING.
A HUDDLE.
“LET’S HAVE A QUICK
HUDDLE BEFORE COURT
TOMORROW.”
Phrase
Origins
How It’s Used
Alternatives
Open Kimono
To reveal the inner workings
of a project or company to a
prospective new partner.
“The only way we can get this
deal done is to go full open
kimono.”
Stemming from a rash of Japanese
acquisitions of American
companies in the 1980s, this
phrase represents a xenophobic
fear of Japan (and particularly,
an American xenophobia), given
the rise of its global dominance
in business at that time.
Full disclosure.
Radical transparency.
“The only way we can get
this deal done is with full
disclosure.”
12
13

Phrase
Origins
How It’s Used
How It’s Used
Alternatives
Pleased as Punch
Very pleased.
“I just reported to the
client on our success
in court today. He was
pleased as Punch!”
This phrase is derived from
the Punch and Judy puppet
shows that were popular in
the 18th and 19th centuries
in Europe. Punch has roots
in 16th century commedia
dell’arte. Punch is depicted
as the devil; he beats his
baby and his wife to death
and is very pleased with
himself after each murder.
Pleased.
Thrilled.
“I just reported to the client on
our success in court today – he
was thrilled to hear it.”
Phrase
Origins
How It’s Used
How It’s Used
Alternatives
Off the Reservation
14
Crazy.
Rogue.
“A Special Forces unit had
gone off the reservation
and was trying to free the
hostage.”
This phrase was frequently used
during the 19th and 20th centuries in
American politics. Native Americans
were forced into treaties that limited
their mobility and prohibited them
from leaving reservations where
they had been placed. Being seen or
found off the reservation would suggest
they were placing themselves
outside their ‘allowed’ legal, or social,
parameters.
In its earliest evidence, this phrase
dealt with policing, killing and colonizing
Native Americans and removing
them from their native land.
Gone astray.
Gone off-script.
Gone rogue.
Colouring outside the lines.
“A Special Forces unit had gone
rogue and was trying to free the
hostage.”
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Karen Bernofsky at KarenB@stockwoods.ca .
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15

Phrase
Origins
Phrase
Origins
How It’s Used
Alternatives
How It’s Used
Alternatives
Cakewalk
Something easy.
“Getting everything organized
for the meeting will
be a cakewalk.”
The cakewalk, a Southern
black custom, was a
pre-Civil War dance originally
performed by slaves on
plantation grounds, often
in the presence of their
masters, first known as the
“prize walk”. Reference is
made to cake, as it was given
as a prize for the couple
that had the fanciest steps
in a procession.
Walk in the park.
Cinch.
“Getting everything organized
for the meeting was a
walk in the park.”
Gypped
Ripped off.
To cheat someone.
“The taxpayers are getting
gypped.”
The term “gypped” likely
originates from the word
‘gypsy’, which is an informal
and offensive term
referring to the Roma
people of Europe who
lead a nomadic lifestyle.
Historically, Romani
individuals were unfairly
stereotyped as deceivers
and thieves, leading to
the creation of the term
“gypped.”
Defrauded.
Swindled.
Deceived.
Tricked.
“The taxpayers are being
swindled.”
Phrase
Phrase
Origins
Phrase
Origins
How It’s Used
Alternatives
How It’s Used
Alternatives
Low Man on the Totem Pole
16
The lowest rung of the hierarchical
ladder. The person
with the least clout.
“He started as the low man
on the totem pole and
worked his way up to be
manager.”
Totem poles are monuments
created by the First Nations of the
Pacific Northwest to commemorate
ancestry, histories, people, or
events. When used as an idiom,
the term “low man on the totem
pole,” describes a person of low
rank. This subsequently portrays
an inaccurate understanding of
the tradition and meaning of the
totem poles, which do not have
a hierarchy of carvings based on
physical position.
Person of lower rank.
Junior level.
Least important.
Lowest of the low.
“He started as the lowest of
the low and worked his way
up to be manager.”
Sold Down the River
Betrayed.
“He didn’t expect to be
sold down the river by
someone he had known
for so long.”
This expression alludes to a
serious betrayal, drawing its
origins from the slave trade
in the United States. The term
“river” directly points to significant
waterways like the Mississippi
or Ohio rivers, which were
central to the trade. During the
early 19th century, Black slaves
were brought to Louisville,
Kentucky, a major trading hub,
where they were then sold and
sent further south to work on
cotton plantations.
Mislead.
Double-crossed.
Stabbed in the back.
“He didn’t expect to be
stabbed in the back by
someone he had known
for so long.”
17

Phrase
Origins
Phrase
Origins
How It’s Used
Alternatives
How It’s Used
Alternatives
Peanut Gallery
A noisy or disorderly
group of spectators.
“No comments from the
peanut gallery!”
Originating in the 1860s, the peanut
gallery was initially used to describe
the more affordable sections
of Vaudeville theaters, which were
predominantly occupied by Black patrons.
In a time when patrons threw
tomatoes at the stage if they didn’t
like the performance, those in the
cheap seats threw peanuts to register
their displeasure. Over time, the term
has evolved to dismiss and undermine
the views and contributions
of Black individuals, relegating their
opinions as inconsequential.
Hecklers.
Interrupters.
“No interruptions
please.”
No Can Do
Unable.
I can’t.
“When my colleague asked
me to write a speech, I told
him no can do.”
THIS PHRASE WAS ORIG-
INALLY USED TO MOCK
THE SPEECH PATTERNS
OF CHINESE IMMI-
GRANTS TO THE UNITED
STATES.
Incapable.
Not able.
Not possible.
“When my colleague asked
me to write a speech, I told
him that would not be
possible.”
Phrase
Origins
Phrase
Origins
How It’s Used
Alternatives
How It’s Used
Alternatives
18
Long Time No See
Used as a greeting for
someone you have not
seen in a long time.
“Hi Bertha, long time
no see.”
There are two credible theories on
the origins of this phrase. The first,
similar to “no can do”, is rooted in
American and British encounters
with Chinese people speaking pidgin
English. The second theory posits
that it is derived from white settlers’
early encounters with Indigenous
Peoples in North America, later immortalized
in Western films. Either
way, this phrase is a rude mimicry
of non-native English speakers’ attempts
to speak English.
It’s been a while.
It’s been too long.
It’s been ages.
“Hi Bertha, it’s been too long
since we have seen
each other.”
Hip Hip Hooray
A cheer called out to
express congratulation
toward someone or
something.
“Three cheers for the
bride and groom! Hip, hip,
hooray!”
The origin of this expression
traces back to the German call
“hep hep,” used as a signal to
target Jewish individuals in the
German Confederacy during
the 1819 “Hep-Hep riots.” This
phrase was later adopted by
the Nazis as a means to gather
Jews during the Holocaust.
Over time, “hep hep” transitioned
to “hip hip,” with “hooray”
appended at the end.
Hooray.
Yay.
Round of applause.
“A round of applause for
the bride and groom!”
19

Phrase
Origins
How It’s Used
Alternatives
Grandfather clause
“grandfathering”
A person or company is
exempt from following
new laws.
“The company rolled out
new services and rates,
with a grandfather clause
for pre-2020 users.”
American voting laws that “banned”
race-based voting restrictions after
slavery was abolished prohibited poor
white men from voting under new
restrictions based on literacy and land
ownership. The “Grandfather Clause”
was introduced to permit those
caught by the new restrictions to vote
if they could prove that their grandfather
had the right to vote before the
laws changed. No Black grandfathers
had the right to vote while enslaved,
so this exemption only applied to
whites. As a result, race-based voting
restrictions were maintained in the
guise of a post-abolition meritocracy.
Legacy clause
Exemption clause
“The company rolled
out new services and
rates, but pre-2020
users are exempted
and can keep their
legacy rates.”
Note, the offensive
origins of the phrase
“grandfather clause”
are not improved
by making it gender
neutral. A “grandparent
clause” is equally
problematic.
21

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VIRTUAL VS. REALITY: AI IN PRACTICE
AI and the Legal Profession:
Will AI eliminate or augment
the practice of law?
Jeff Van Bakel (he/him), Scott Petrie LLP
Currently, generative AI has the pesky habit of
making things up. These errors are called “hallucinations”
in the industry. An open-source
model that draws information from various
sources is only as reliable as the information
the model is fed.
There are currently more than 57,000 licensed
lawyers in Ontario. The legal profession appears
too big to fail. However, at its pinnacle, Blockbuster
operated over 9,000 stores globally. Today
there is one. Blockbuster collapsed due to its
failure to embrace technological trends and the
changing demands of its client base. The point
being that the good times do not always continue
to roll.
The recent hype surrounding artificial intelligence
(“AI”), and specifically generative AI, has
been significant. OpenAI’s ChatGPT has been a
bombshell since its release in November 2022.
Generative AI refers to AI capable of generating
text, images, or other media autonomously. It
works by identifying patterns and structures
from its source material and then generates
original, human-like responses. Generative AI
is becoming a disrupter for numerous industries,
including the practice of law. It is incumbent
upon lawyers in Ontario to embrace these
changes in order to maintain a competitive advantage
and to avoid going the way of Blockbuster.
24
25

In Worsoff v. MTCC 1168, 2021 ONSC 6493, Justice Myers ruled that “with the current pace of
change, everyone has to keep learning technology. Counsel and the court alike have a duty of
technological competency in my respectful view.” Similarly, the LSO’s Practice Management
Guidelines state: “[l]awyers should have a reasonable understanding of the technologies used
in their practice or should have access to someone who has such understanding.”
Nine years ago, the Supreme Court of Canada ruled that the costs of civil proceedings made
them inaccessible for the majority of Canadians. Access to justice was recognized as being the
greatest problem facing the judicial system. It’s not hard to see a future where the court, or the
LSO, imposes an obligation on lawyers to embrace the cost saving benefits of generative AI in
order to achieve the principles set out in Hryniak. So, the obvious question presents itself: how
can I use generative AI in my practice?
“AI won’t replace lawyers, but
lawyers who use AI will replace
lawyers who don’t.”
A simple Google search will reveal the hundreds of products on the market that use generative
AI to purportedly compare and contrast contracts, redline clauses against “model” versions, and
cross-references the clauses for compliance with designed legislation. The products generate suggested
language.
Gone are the days of trudging to the law library,
pulling the O.R.s or other periodicals,
and photocopying cases. Mercifully, the courts
have now embraced Caselines, and hyperlinks
to CanLII, which reduces the time and fees associated
with preparing paper material. However,
the legal analysis is still left to the lawyer.
Generative AI can assist and buttress the legal
analysis. AI-driven legal research platforms, like
Casetext for example, can find cases with similar
fact patterns, legal issues and jurisdictions.
Bloomberg’s Brief Analyzer evaluates legal authorities,
suggests relevant explainers, and links
to related sources.
If you have articled or juniored at a large firm, you will be familiar with the laborious task of performing
document review and due diligence. There are various e-discovery tools that can categorize
or “code” relevant documents automatically. For example, Logikcull is releasing a product
called Logikbot AI, which has a feature called “Suggested Tags” that uses predictive analysis to automate
coding based on other similarly tagged documents in a database. The product will express
as a percentage how confident it is that the suggested code is accurate.
I asked ChatGPT to draft a tolling agreement in accordance with Ontario law for fake parties. The
result was satisfactory. The parties’ names were pre-populated, the document contained recitals,
an entire agreement clause, signature lines, suggested definitions, and most importantly a clause
confirming the parties agreed to “suspend the running of any statute of limitation or any other timerelated
defence.” The Limitations Act, 2002, was not specifically referenced and there was no clause
setting out how the tolling agreement could be terminated. However, the document was generated
instantly and produced a sufficient working draft in less time than it would have taken to search my
firm’s document management system for a precedent. It is ideal for simple, boilerplate precedents.
26
27

There are growing pains. Currently, generative AI
has the pesky habit of making things up. These
errors are called “hallucinations” in the industry.
An open-source model that draws information
from various sources is only as reliable as the
information the model is fed. Additionally, the
generated product is bereft of any caveats or
insecurities. Accordingly, the product can have
the obnoxious qualities of being both wrong and
self-confident.
The obvious example is the infamous story in
Roberto Mata v. Avianca, from the Southern District
of New York. US District Judge Kevin Castel
castigated plaintiff’s counsel for using fake cases
and citations generated by ChatGPT. In that case,
the lawyer stated he was operating under the
false perception that ChatGPT could not possibly
be fabricating cases on its own. Remarkably, the
lawyer did not bother reading the cases or confirming
that the cases were real. Obviously, it is
imperative that any AI generated content must
be scrutinized and reviewed by the responsible
lawyer before it is relied upon.
In September 2023, The Honourable Francois-Philippe
Campagne, Minister of Innovation,
Science and Industry, announced the
release of the Voluntary Code of Conduct on
the Responsible Development and Management
of Advanced Generative AI Systems.
The Code, which is not legislation, offers Canadians
common standards so that they can
willingly ensure that the development of generative
AI is being done responsibly. There is
currently no regulatory framework in Canada
specifically addressing AI. It will be necessary
for the legislature and the provincial law societies
to weigh in shortly.
It is hard to envision AI replacing the courtroom barrister. However, GPT-4 (an updated AI model released
by OpenAI earlier this year) did pass the American Uniform Bar Exam in the 90th percentile.
Barristers are still required to formulate novel arguments, read a room, and adjust strategies to context.
That said, AI can and should be used to perform preliminary document review and legal analysis
to reduce legal costs. Will the courts continue to award costs to a party that spent hundreds of
hours of associates’ time to conduct document review when the task could have been accomplished
more efficiently with AI? Technology is evolving at an exponential rate. I expect AI’s intervention into
the legal profession will be gradual and eventually transformative. Those who choose to ignore the
advent of this sea-change, risk being the last person on their street with a VCR. To steal a slogan
currently making the rounds, “AI won’t replace lawyers, but lawyers who use AI will replace lawyers
who don’t.”
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Q. How do you balance work, life, and community work?
A. Ha! This question implies that I have figured out how to balance work, life, and community
work. I’m not necessarily sure that anyone ever truly achieves the elusive concept of “balance”.
I think of it more as a pendulum, with times in your career where your focus will swing more to
work, as opposed to life and community work, and vice versa. My advice (which I received from
a senior Partner and mentor in our Osler Women’s Network early in my career) is to not spread
yourself too thin.
INTERVIEW
Interview with Lia Bruschetta
(she/her), Osler, Hoskin &
Harcourt LLP
Compiled by Mana Khami (she/her), Borden Ladner
Gervais LLP
Lia Bruschetta is a partner in the Litigation Group at Osler, Hoskin & Harcourt LLP, where she has been
her entire legal career. Lia also dedicates a lot of time to community work, and was recently recognized
for her significant contributions to access to justice through her pro bono work.
Q. You were recently recognized for your significant contributions to access to justice
through your pro bono work. Tell us about your involvement with pro bono initiatives in
Ontario over the years?
A. I am a passionate pro bono ally, and I dedicate my focus on access to justice for self-represented
litigants in Ontario. I started volunteering with Pro Bono Ontario’s court-based Law Help Centres when I
was an articling student. Over the past decade, I’ve been a regular duty counsel volunteer at PBO’s Law
Help Centres (and now the PBO’s Free Legal Advice Hotline) and I have also internally administered and
championed Osler’s participation in those programs.
Recently, I was honored to be named to PBO’s Honour Roll, for my volunteer contributions (donating
at least 50 hours) to PBO’s Free Legal Advice Hotline.
Q. What is your favourite quote of all time?
A. The immortal words of Dory:
“Just keep swimming.”
Q. What is your pet peeve?
A. In litigation, needless posturing. It doesn’t
serve anyone: neither counsel or nor their
clients.
Q. What is your most proudest moment as a lawyer?
A. My call to the bar in 2010. My parents, and all four of my grandparents who at the time were still
with us, flew out from Vancouver to watch me walk across the stage at Roy Thomson Hall. As the first
generation in my family to complete post-secondary education, becoming a licensed lawyer in Ontario
is something that I was and remain incredibly proud of.
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Q. What is your favourite part of your job?
A. While I consider myself a fierce advocate, my favourite part of my job goes beyond the demands of
my caseload. I am passionate about the people and community around me, and I work to find the time
to support them. In addition to my volunteer work, another favourite part of my job is working with the
next generation of talented students and associates at Osler.
Q. Your favourite restaurant that you
would recommend to someone from out
of town?
A. The Wood Owl! If you are ever in the east
end, I insist that you “run, don’t walk” to try everything
on their menu.
Q. What do you look forward to every day?
A. I have two adorable ragdoll cats named Kiko
and Yoshi. I really love coming home to them (in
addition to my husband, ha!). They are very sweet
gentle cats, who are always happy to cuddle. If reincarnation
is a thing, I’d love to come back in my
next life as a cat.
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Q. What is at the top of your bucket list?
A. Like so many of us post-COVID-19, my bucket list is entirely filled with places I’d like to travel to! At
the top of the list are Mexico City and Japan.
CHOOSE FROM CANADA’S TOP
MEDIATORS AND ARBITRATORS
Q. What is your advice to students/young lawyers about how to become a successful lawyer?
A. The Honourable George R. Strathy has written and spoken extensively on the challenges that
litigators face today, with a strong correlation between signs of depression and the traditional
markers of career success in the legal profession. In his words, “the more successful they are
in their field, the more likely lawyers are to experience mental health challenges”. I agree, and
think that the truly successful litigators amongst us are those who define, clarify and protect their
“non-negotiables”. For me, that has been ensuring time for family, friends, physical activity, mentorship,
and community work, all of which fill my cup and build resilience against the external
stressors that are inherent to practice as a litigator.
Ed. note: Interested in getting involved in pro bono work to give back to your community? TAS members support
a variety of initiatives across Canada, including Pro Bono Ontario where Lia has been a dedicated volunteer.
More information is available on the TAS website here.
Ontario Advocates - TAS’s Young Advocates’ Standing Committee is looking for volunteers for their PBO Legal
Advice Hotline Week from February 5 - 9, 2024. Volunteer sign-up form here.
Carol A. Albert
J.D., LL.M. (ADR)
Retired Construction Lien Master, SCJ
Carol is available to act as mediator,
arbitrator or referee for
construction-related disputes. She
has experience in case managing
complex litigation and participating
as a dispute board member on large
construction projects. Carol is an
honourary Fellow of the Canadian
College of Construction Lawyers.
Edward T. McDermott
Ted has over 40 years mediation
and arbitration experience, with
particular expertise in labour and
employment law. He has
participated in wrongful dismissal,
collective bargaining, human rights,
employment law and labour
relations cases. He is the Integrity
Commissioner for several
municipalities.
416.362.8555 • 1.800.856.5154 • booking@adr.ca • adrchambers.com
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Le Windsor, Montréal, QC
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www.advocates.ca