Keeping-Tabs-Fall-2024

KEEPING TABS
The Advocates’ Society
FALL 2024

CONTENTS
Relax and recharge at Toronto’s prestigious members club, just steps from the Court of Appeal
www.universitycluboftoronto.com
05
07
11
17
21
24
Chair Chat
Alexandra Shelley, Torys
Autumn Reflections on
Prioritizing Mental Health
Celina Stoan, McCague Borlack, and Maeva Robert, IMK LLP
Key Considerations When Making a Dependant
Relief Claim: A Guide for Junior Litigators
Melissa Elmaleh, Kimel Law Group
New Home, Same Family
Eric Blay, Stikeman Elliott LLP
Then & Now – Social Media for Young Advocates
Michael Hodgins, MD Lawyers
Interview with Jessica Brown, Halpern Law Group
Compiled by Folu Adesanya, Whitelaw Twining (Ontario) LLP,
and Michael Hodgins, MD Lawyers
Editor: Julie Mouris (she/her), Conway Baxter Wilson LLP/s.r.l.
Deputy Editor: Emily Dishart (she/her), McMillan LLP
Keeping Tabs Editorial Team: Folu Adesanya, Whitelaw Twining (Ontario) LLP, Michael Hodgins, MD Lawyers, Sydney McIvor, Durant Barristers,
Tomislav Milos, Moodie Mair Walker LLP, Oksana Romanov, Crown Attorney’s Office (Northeast), Sara Romeih, Ross Nasseri LLP
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.
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Tricks of the Trade 2025
A 30+ Year Tradition for Leaders of the Personal Injury Bar
January 31, 2025 | 9:30 am to 4:30 pm (ET) | Live at Arcadian Court in Toronto
For over three decades, Tricks of the Trade has been the leading annual conference for the Ontario personal injury bar,
addressing current challenges for both plaintiff and defence counsel. Esteemed faculty will provide key updates on recent
decisions, timely advocacy tips, and the latest guidance on practice and procedure for personal injury litigators.
CHAIR CHAT
Keynote Speaker
The Hon. Justice Darla A. Wilson, Court of Appeal for Ontario
Justice Wilson practiced civil litigation in Ontario for over twenty years, including
medical malpractice work, general insurance defence work, and representing
plaintiffs in personal injury claims. She was appointed to the Superior Court of
Justice in Toronto in December 2007, where she served until her recent appointment
to the Court of Appeal for Ontario in May 2024.
Chair Chat
Alexandra Shelley, Torys
Tort Law Update
A roundup of key tort decisions from the past year
that personal injury lawyers need to know.
Speaker: Maya Kanani, Aviva Trial Lawyers
AI and Legal Tech Update
See practical live demos of how you can leverage
new tech to be more efficient and effective.
Speakers: Kanon Clifford, Bergeron Clifford LLP
Andrew Murray, Lerners LLP
Expert Evidence Update
The latest guidance on case law and trends in the
wake of recent changes to the Rules.
Speaker: Daniela M. Pacheco, Neinstein LLP
Accident Benefits Update
A review of the top Accident Benefits updates and
decisions from the past year.
Speaker: Suzanne Clarke,
Zarek Taylor Grossman Hanrahan LLP
Demonstration and Commentary:
Handling Hearsay in
Personal Injury Matters
Faculty break down how to handle common evidentiary
issues through live demonstrations and discussion.
Speakers: The Hon. Justice Kathleen E. Cullin,
Superior Court of Justice, Barry Cox, Boghosian Allen LLP,
Barbara Legate, Legate Injury Lawyers
For up to date topics and agenda visit
www.advocates.ca
I am drafting this Chair Chat fresh off a weekend
in Blue Mountain with the over 150 young
advocates who attended The Advocates’ Society’s
bi-annual Fall Forum conference. The conference
was expertly co-chaired by Brendan
Monahan, Jenna Green, Taylor Meagher and
Catherine Thall-Dubé. It featured a keynote
address from The Hon. Chief Justice Morawetz
who embraced the theme “The Empowered
Advocate”. The Chief Justice offered a valuable
perspective from the bench, emulating Justice
Marvin Catzman’s famous “The Wrong stuff”
articles from The Advocates’ Journal, on surefire
ways to become a disempowered advocate.
In the words of Brendan Monahan, “it was the
best night ever.”
It was wonderful to see the enthusiasm and
engagement of our young members. Many took
up the call from my opening remarks to expand
their networks and introduce themselves to five
new people. If my LinkedIn requests are any indication,
the weekend was a great success in connecting
young advocates from coast to coast.
Another great YASC success is this issue of
Keeping Tabs. Our Fall edition includes articles
from young advocates on relocating to a new
jurisdiction, dependent relief claims, and a coffee
chat from YASC’s Health and Wellness Working
Group. This issue also features an interview
with Jessica Brown, the 2024 recipient of the
Patrick D. Schmidt Future of Family Law Award.
Jessica was presented with the award at the
Fall Forum gala dinner and she spoke warmly
about her first encounter with Mr. Schmidt, a
mere two weeks into her legal career. Congratulations
again, Jessica!
If you are interested in contributing to future
issues, our Keeping Tabs Editor, Julie Mouris,
would love to hear from you.
Enjoy the upcoming holiday season. May you
enjoy some respite from the busy fall practice
of a litigator.
Until 2025,
Alex
5

Tom Curry and Martha McCarthy Present:
Mastering the
Art of
Examining
MENTAL HEALTH
Witnesses
December 4, 2024
9:00 am – 4:30 pm (ET)
The Carlu, 444 Yonge St., Toronto, ON
What are best practices for calling and examining
collateral witnesses? How can you conduct a
textbook examination-in-chief? When should you
adapt your cross-examination style based on the
type of witness testifying?
Our definitive course on direct and cross-examination
is back to answer these questions and much more!
Going beyond the basics, leading litigators Tom Curry
and Martha McCarthy tackle these core advocacy
skills in detail and show you practical techniques
honed through dozens of high-stakes trials.
Autumn Reflections on
Prioritizing Mental Health
Celina Stoan, McCague Borlack,
Maeva Robert, IMK LLP
As the seasons change and litigation ramps up, it can be challenging to prioritize mental and physical
well-being. Celina Stoan and Maeva Robert, members of YASC’s Health and Wellness Working
Group, offer their insights from their recent Zoom catch-up.
CS: Hi Maeva! It’s almost Pumpkin Spice time; are you on the PSL bandwagon?
MR: I know it is an unpopular opinion but… to tell you the truth, I really do not like anything
else in my coffee other than my coffee and if I feel fancy, some oat milk. I love pumpkins, and I
REGISTER
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8
love spices, but together in my coffee? No thank
you. That said, I must admit that PSLs on offer
means that autumn is here, and I really enjoy
this season! Time for a lot of “back to,” including
back to work! How is that going for you?
CS: Actually, I just moved firms and back to
work has taken on a whole new meaning! I’m
very happy to say that my new firm has a hybrid
work environment which I find very beneficial
for my mental and physical health. While I love
being able to work in my comfortable clothes
and not doing my hair and makeup every day, it
has also been a real joy to be able to go into the
office to meet my new colleagues!
MR: 100%. To me, the hybrid work environment
is key for having balance. We are lawyers,
fully devoted to our profession, but we
are also humans going through that big experience
of life. The flexibility of remote work
is key for navigating work and life responsibilities.
I am also such a people person and
find being able to go into an office filled with
inspiring people that I look up to is really motivating
and helps strengthen the community
feeling. It also gives time for everyone to
manage their schedule as best suits their reality
and to include in their weekly agenda
things that make them feel good and healthy.
Do you do anything specific in terms of your
physical health throughout the week?
CS: My friend, I actually find it so hard some
days to find time to work on my physical health
and it generally gets put on the back burner.
However, one of the benefits I find with the hybrid
office is that it allows me a lot of flexibility
in this! Don’t get me wrong, I’m definitely not a
gym rat and I’ve never really been a huge fan of
exercising. That being said, I’m pretty lucky in
that I live a 30-minute walk from my office, so
weather pending, I’m able to get about 2.5 km
of walking in a day, just going to and from work.
I also take that time to enjoy music, which also
gives me mental health benefits.
I have a four-year-old rescue pup named Hatchi
who is full of energy, so when I work from
home I get to hang out with him. Generally,
when I finish up a big project, I’ll take a short
break and throw the ball for him in the backyard.
I also love that I can (and have to) take a
mid-afternoon break some days to walk him. I
find that even a quick 15-20 minute walk can
help me to stretch out a bit from a big morning
at the desk. Dog walks in the sunshine, and seeing
Hatchi so amped and excited for the world
does wonders for my mood and mental health.
I know you and I have talked about how you
are planning to get a dog someday soon; in the
meantime, how do you manage to keep your
mood up?
MR: Physical activity definitely helps to keep my
mood up; I have to get that endorphins fix! But
aside from high-intensity sports, I really enjoy
slower activities as well and breathing exercises,
especially through restorative yoga classes.
It forces me to slow down and feel grounded in
the here and now. I also enjoy listening to music
a lot. I like to dedicate time to actively listen
to soothing music, instead of just having background
music while doing something else. I also
love to connect with my friends outside of law,
which always helps to get some perspective and
distance from the profession. How about you;
what do you for your mental health?
CS: Balance is tough, and some days are harder
than others. There are days when I feel a lot
of guilt because Hatchi just sits there looking
longingly outside and I’m stuck on a deadline.
I try to be generous with myself. I tell myself
that I’m doing the best I can, and I tell Hatchi
that I know he wants to go out but that I
have to work to make money to buy his treats.
I think he understands. Sometimes I also feel
like I don’t really have any basis for complaints
because there are a lot of lawyers who balance
the practice with much more demanding obligations
such as caring for kids, other family
members, or health challenges. In times like
that, I like to call up a friend or colleague to chat
about these things. What about you; I know
you’re one of my colleagues who is balancing
parenting and their practice. How do you find
time for everything, especially extracurriculars
like YASC and other activities?
MR: I think the key is that I do not find time, I
take it. Whatever is a priority for me gets time.
I schedule calls with my YASC groups in my
calendar the same way I would schedule a call
with a client. Of course, I manage emergencies
when they come, and we know they do — especially
in litigation, but as much as possible,
when I commit to something, it is because it
makes sense in my head and my heart and I am
all in. If I find I am not prioritizing something, it
typically means I am not doing it for the right
reasons or I should reassess if it is still aligned
with me. Of course, I cannot deny, sometimes
it means a tight agenda and I need to be disciplined
to follow it, but when it is filled with
things that make my human experience more
Wellness Corner
YASC’s Health and Wellness Working Group (H&W) is
an initiative which was commenced by YASC to lend
support to TAS’ members who may be struggling
with finding time for their mental and physical
health and wellness. This year, H&W has partnered
with Keeping Tabs to write a series of articles about
Health and Wellness for young advocates.
H&W is actively seeking input from our members
with respect to their strategies for balancing their
practice with physical and mental health.
If you have any questions about YASC’s H&W, want
to know what they’re up to or want to learn how you
can contribute, please feel free to reach out to Celina
Stoan (cstoan@mccagueborlack.com).
fulfilling, like catching up with a friend in Ottawa,
it drives me.
CS: It was so great to see you! We should definitely
do this again soon!
***
Celina Stoan is a civil litigation lawyer at
McCague Borlack, Ottawa office. Celina recently
moved her practice (and family) from
Toronto to Ottawa. Celina met Maeva Robert
about a year ago through YASC and they hit
it off right away.
Maeva Robert is a civil and commercial litigation
lawyer at IMK LLP, a boutique law firm in
Montreal (Quebec). Maeva has been involved
with YASC in Montreal since 2017. Celina and
Maeva have also worked together on Friends
Who Argue.
Friends Who Argue is a TAS podcast hosted
by YASC and MASC. It is available on iTunes and
Spotify. More information about Friends Who
Argue can be found here.

ADVOCACY
Equity Diversity and Inclusion for Litigators
Thursday, December 12, 2024
1:00 pm - 4:30 pm (ET) | Via Zoom
Join us for the 6 th annual Equity, Diversity and Inclusion
for Litigators program. Advocates and judges will discuss
EDI in legal practice, handling micro-aggressions and bias,
indigenous considerations, allyship, and more.
Open to all.
REGISTER
Key Considerations
When Making a Dependant
Relief Claim:
A Guide for Junior Litigators
Melissa Elmaleh, Kimel Law Group
Your client was financially or otherwise dependent on a deceased person who either did not include
them in their will, or did not have a will. Perhaps the deceased made their will a long time
ago and did not update it to provide for their common law spouse. Or maybe they drafted their
will with the expectation that all of their children would be working adults at the time of their
death. How do you advise your client?
Clients seeking support from a deceased person’s estate can bring dependant relief claims under
Ontario’s Succession Law Reform Act (“SLRA”). Whether representing a spouse, child, or other
family member, familiarity with the legal principles that underlie these claims is essential for ad-
11

vising your client. This article outlines key concepts
to consider for clients who wish to bring
dependant relief claims in Ontario.
What is a Dependant Relief Claim?
A dependant relief claim allows an individual
who qualifies as a “dependant” under the SLRA
to seek support from a deceased person’s estate.
A claim may be made if the deceased did
not provide adequate support for their dependants
or was under a legal obligation to provide
support immediately before death. Dependant
relief claims can be brought whether the deceased
died with or without a will.
Eligibility for a Dependant Relief Claim
To initiate a claim, the applicant must first
demonstrate that they meet the SLRA’s definition
of “dependant.” Subsection 57(1) of the
SLRA defines a dependant as a spouse, parent,
child, or sibling to whom the deceased was providing
support or was under a legal obligation
to provide support immediately before death. 1
The onus is on the applicant to establish on a
balance of probabilities that they are a dependant
within the meaning of the SLRA. 2
Financial support is not the only basis for establishing
dependency; essential provisions
such as shelter, caregiving, or basic necessities
also inform whether a person can be considered
a dependant of the deceased. For example, in
Reeves v Inglis, the Ontario Superior Court of Justice
held that a deceased mother who shared
her home with her adult child was providing
sufficient support to establish a relationship of
dependency. The support included transportation,
laundry services, groceries, meal preparation,
and pocket money. 3
However, not all contributions to another’s life
meet this threshold. In Bormans v Estate of Bormans,
the Ontario Superior Court held that the
father’s “small purchases” for his adult daughter’s
family immediately before his death were
insufficient to establish a dependant relationship.
4 Bormans highlights the need for an applicant’s
dependency to be based on substantial,
ongoing contributions that have a meaningful
impact on their well-being. When advising clients,
it is important to emphasize the collection
and marshaling of adequate evidence to
demonstrate consistent and significant support,
whether financial or otherwise.
Determining Proper Support
for Eligible Dependants
Where an applicant is an eligible dependant,
the appropriate amount and duration of support
is decided by the court in light of all of
the facts and circumstances of the application.
Determining support is a discretionary matter
incorporating the deceased’s moral duties and
extending beyond economic analysis. Such a
determination is “not an exact science.” 5
Subsection 62(1) of the SLRA provides a detailed
framework to guide the court in determining
the appropriate level of support, with
factors including: the dependant’s means, ability
to support themselves, age, health, needs,
relationship with the deceased, and their contributions
to the deceased’s welfare. Certain other
considerations may apply where the dependant
is a child or spouse of the deceased, including
educational prospects for children and caregiving
responsibilities for spouses.
This framework is not exhaustive, and no single
factor is determinative. For example, the
court may look beyond the needs of the applicant,
and may also consider the support order’s
suitability for the future. 6 Moreover, the
Supreme Court of Canada has held that a deceased’s
moral duty to their dependents may
also be relevant. 7
Balancing Competing Claims
To arrive at a fair distribution of the estate in
the face of competing claims, the court must attempt
to balance and prioritize such competing
claims. The court will consider “the size of the
estate, the strength of the claims, and the intentions
of the deceased.” 8
In Quinn v Carrigan, the Ontario Divisional Court
considered the competing interests of a separated
spouse, a common-law spouse and two adult
children. 9 The Court awarded 30% of the net
estate to the common law spouse despite the
deceased’s intention to leave the bulk of his assets
to his separated spouse and daughters. The
Court held that this outcome properly accounted
for the common law spouse’s needs and provided
for the appropriate moral recognition of her
relationship with the deceased, while still achieving
the deceased’s goal of providing for his separated
spouse for the rest of her life and allowing
the majority of the estate to pass onto his heirs if
the mother predeceased them. 10
As counsel, it is important to consider the estate’s
size and the relative strength of competing
claims. In larger estates, courts may be more inclined
to recognize multiple claims and balance
them equitably, but this may be more challenging
with smaller estates. Understanding the hierarchy
of claims and communicating your client’s
position within the hierarchy is important
to achieving a favorable outcome for your client.
Identifying and Valuing Claims for Dependants
Not Seeking Relief
Dependants not actively seeking support may
also be entitled to support from the estate. In
Cummings, the Court of Appeal for Ontario held
that the SLRA is not only aimed at providing for
the deceased’s dependants, but also ensures
that spouses and children receive an equitable
share of the estate, unless circumstances undermine
this obligation. 11 Even when the deceased’s
spouse did not make a claim, her future well-being
remained a consideration in the Court’s
analysis. This ensured the spouse was not later
placed in a position of financial need, recognizing
the potential for ongoing responsibilities. 12
It is thus important to advise your client that dependants
who are not currently seeking support
could influence the distribution of the estate. As
counsel, you must consider the family dynamics
12

of the deceased in anticipation of any additional
dependants who the court may wish to consider.
Conclusion
Courts evaluate each dependant relief claim
based on its specific facts and have broad discretion
to determine the appropriate level of
support. The court’s evaluation includes assessing
different types of claims by different applicants,
and occasionally considering the potential
claims of those not seeking relief. The goal
is to balance claims in a way that honours the
deceased’s wishes while providing proper support
to dependants. As counsel, focusing on key
elements such as eligibility, the forms of support
provided, and balancing competing claims,
you can effectively advocate for your clients
seeking dependant relief while ensuring a fair
distribution of estate assets that respects both
the needs of the dependants and the intentions
of the deceased.
Notes
1. Succession Law Reform Act, RSO 1990 c S.26, s 57(1)
[SLRA].
2. Charles v Junior and Estate, 2018 ONSC 7327 at para 19.
3. Reeves v Inglis, 2022 ONSC 209 at para 136.
4. Bormans v Estate of Bormans et al, 2016 ONSC 428 at
paras 21, 26.
5. Quinn v Carrigan, 2014 ONSC 5682 (Ont. Div. Ct.) at para
79 [Quinn].
6. Cummings v Cummings, 2004 CanLII 9339 (ON CA) [Cummings].
7. Tataryn v Tataryn Estate, 1994 CanLII 51 (SCC) [Tataryn];
see also the two-part test from Tataryn cited in Cummings,
supra note 6 at paras 49-50.
8. Quinn, supra note 5 at para 82, citing Perilli v Foley Estate,
2006 CanLII 3285 (ON SC) at para 61.
9. Ibid at para 8.
10. Ibid at 159.
11. Tataryn, supra note 7.
12. Cummings, supra note 6 at para 58.
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Advocates in Action
As part of our mission to be a voice for advocates,
The Advocates’ Society (“TAS”) undertakes initiatives
that seek to improve access to justice, promote
diversity and inclusion, protect judicial independence,
and make submissions on matters of significance to
the legal profession. Advocates in Action is here to
keep our members informed about and engaged with
the Society’s important advocacy work.
CLICK HERE TO READ PAST ISSUES
COMMUNITY
The Litigator’s Edge:
Modern Tools for Winning Business
December 13, 2024 | 1:30 pm to 2:30 pm | Live via Zoom
In the fast-paced world of litigation, time is your most precious asset.
Balancing business development with your caseload can feel like a stretch.
This dynamic virtual session will show you how to leverage LinkedIn
and Generative AI (GAI) to drive your business growth, efficiently
building your client base and expanding your influence.
REGISTER
New Home, Same Family
Eric Blay, Stikeman Elliott LLP
I recently took a big leap to follow my passion for high-end litigation by accepting a role with
Stikeman Elliott’s Calgary office, and consequently had the opportunity to benefit from one of
The Advocates’ Society’s (TAS) greatest assets: its robust network of passionate litigators across
Canada. While the decision to move from Ontario to Alberta to pursue a dream career included
an interesting game of logistics, it also came with a variety of other challenges, including adapting
my professional network to my new home.
As anybody who has made the pilgrimage out west via the Trans-Canada highway would know,
such a move comes with its own unique set of opportunities for growth.
While I knew that some of the best litigators in Canada walked the streets of Calgary, I needed a
17

plan for getting to know them and to start developing
my reputation and network in this new jurisdiction.
Thankfully, my involvement in various
TAS initiatives while I was in Ontario meant that I
had already worked with a number of great Calgary
lawyers on task forces and standing committees
to support the work of TAS and address
issues facing advocates from across our country.
My first order of business, after unpacking
and finding the closest grocery store, was to
sign up for the TAS Civility Across the Generations
program in Calgary, so I could meet some
members of the local bar. At the event, I felt
welcomed by acquaintances new and old! Folks
I had only ever met virtually from various committees,
the TAS Board, and the Young Advocates
Standing Committee were all gathered in
the same room—ready to talk about collegiality
and civility in the profession and to develop last-
ing relationships with other legal professionals.
I can’t say enough about how TAS eased my jurisdictional
professional transition and my personal
one. While I may have only had a small
group of friends and family out West when I
made the move to further my career, my connection
with TAS ensured that I had ready-made
community to interact and develop new and
valuable relationships with a passionate and
dedicated group of litigators when I arrived.
For that, I am eternally grateful and if I haven’t
told you yet, joining and getting involved with
TAS is one of the best professional decisions a
litigator can make.
Editor’s note: If you’re considering a move or
seeking to expand your network, don’t hesitate -
become an active member of The Advocates’ Society
and support your professional and personal
growth wherever you are!
Changed firms recently? We want your story for the Keeping Tabs’ Winter
issue. Share your insights to help others navigate their next move.
Click here to submit your story.
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THE ADVOCATES’ SOCIETY
THEN AND NOW
END OF TERM DINNER
SAVE THE DATE
June 5, 2025
Then & Now – Social Media
for Young Advocates
Michael Hodgins, MD Lawyers
WWW.ADVOCATES.CA
Believe it or not, Keeping Tabs turned 10 years old in 2023. Recognizing that our baby is now a
preteen, the Keeping Tabs editorial staff got nostalgic and looked at some old issues, and we were
amazed to find how much has changed in 10 years!
This column will focus on ways that the practice of law has changed over the last decade by
reviewing articles published in the first few years of Keeping Tabs, and comparing them to the
world of today. First stop: social media for lawyers.
21

#Networking: Social Media as a Profile Building Tool for
Young Advocates
Chris Horkins, Cassels Brock and Blackwell LLP
The intersection between social media and the law is fascinating and ever-changing. We now have an official court
protocol on the use of mobile electronic devices in court and, as David Campbell’s Stockwood Prize winning article
taught us, social media is quickly becoming a vast source of evidence. Another aspect of social media’s interaction
with the law is how lawyers, and young advocates in particular, can use it to raise their profiles.
On that note, this is a story about how I got a quote in the Law Times because of Twitter.
One afternoon this summer, I was sitting at my desk, working away, when my phone rang with an unfamiliar number.
I answered to find a reporter from the Law Times on the other end, explaining that she was working on a piece
on the recent appointment of Ontario’s new Chief Justice, the Honourable George Strathy. She was interested to
know if I had any comments to share. Initially, I reacted the same way that many others would react later when the
article was published.
“Wait,” I said, “why are you asking me!?” After all, I have been licensed to practice law for barely two years at this
point and have pretty much figured out where the bathroom is and how to put my tabs on properly.
The friendly Law Times reporter explained that she liked to give some exposure to lawyers who are active on Twitter
and she had seen a recent tweet by me about Justice Strathy’s appointment, probably this one:
TAP TO READ
5
THEN
In September 2014, we published an article
entitled “Networking: Social Media as a Profile
Building Tool for Young Lawyers”.
The article began with a fun image of the various
major social media platforms of the day,
which we’ve reproduced above. Not pictured? Instagram,
which had been acquired by Facebook
Inc. only 2 years earlier, Snapchat, Threads, and
of course: TikTok.
The article was written by current partner/
then-associate Chris Horkins of Cassels Brock
and Blackwell LLP. It centered on how his Tweet
(back when they were called Tweets) about the
Honourable George Strathy’s appointment as
Chief Justice of Ontario landed Horkins an interview
with the Law Times, since the interviewer
“liked to give some exposure to lawyers who are
active on Twitter.”
Noting that the other two lawyers interviewed
for the article had been practicing for over 25
years (Horkins is a 2012 call), his thesis was simple:
As the first generation of lawyers who had
grown up with social media, young advocates
in the early 2010s had the potential to use social
media as a way to level the playing field and
have their voices heard in a crowded market.
Horkins’ advice to young advocates looking to
leverage social media was five-fold:
1) Be regular, trying to post law-related
Tweets (interesting decisions, newsworthy
events, etc.) every day,
2) Mix things up with posts on politics or
sports to show personality,
3) Interact with the legal community on social
media, following them on Twitter, retweet
them, etc.
4) Shamelessly self-promote, ensuring that
speaking engagements, articles, and events
you help organize are front and centre, and
5) Attend TAS’ Fall Forum, which in 2014 included
a panel dedicated to profile building
using social media.
NOW
So, what has changed? If the first thing you noticed
about Horkins’ advice is how Twitter-centric
it is, you aren’t alone. In 2014, Twitter was
near the height of its popularity, having gone
from 85 million users in 2011 to 271 million by
the end of 2014. The platform would continue
to grow after 2014 but at a much slower pace
(for example, it had 298 million users in 2018). 1
Perhaps more important for lawyer usage is
that while it has remained widely used, since its
rebranding to “X”, Twitter has been a platform
ripe for political controversy. As an example,
in August of this past year, a number of prominent
members of the UK’s legal Twittersphere
quit using the platform altogether in response
to inflammatory comments made by CEO Elon
Musk about the ongoing riots that offended
their sense of justice. 2 Our Keeping Tabs editorial
team noticed a similar exodus from Canadian
“Law Twitter” when Twitter rebranded to X. For
an industry that generally prides itself on fairness
and the rule of law regardless of political
leaning, the platform formally known as Twitter
may have become too polarized for many.
This is not to say that the law industry has
abandoned X entirely, but while in 2014 “Law
Twitter” reigned supreme, in 2024 the numbers
suggest that LinkedIn is the go-to social media
resource for lawyers. In 2023, 81 percent of US
lawyers maintained a social media presence,
and of that number, 87 percent were on LinkedIn.
Facebook was next at 40 percent, with “X”
all the way down to 25 percent. 3 Canadian figures
haven’t been tracked, but it’s unlikely that
they’re all that different. Interestingly, the percentage
of lawyers on “LawTok” either wasn’t
taken or was too small to register.
What hasn’t changed? Well, a wise man once
said the players change, but the game remains
the same. While the platforms that lawyers are
most active on have changed, the rules that Horkins
outlined in his 2014 article are still very applicable
to posting in 2024. The key to building
a good social media presence, be it on LinkedIn
or elsewhere, continues to be regular posting
about things of interest to your network, which
in this case will likely be other legal professionals
or potential clients. Young advocates can use
social media to present themselves as knowledgeable
and up-to-date on the law, while at the
same time sharing non-law hobbies or interests.
Self-promotion remains key as well. Everyone
who does this job knows the practice of law is
challenging and often involves long hours. Volunteering
your time on top of that is commendable
and you deserve to share it. And of course,
Fall Forum remains the must-attend TAS event
for young advocates, so Horkins’ advice to attend
is just as applicable in 2024 as it was in 2014.
As social media has become ubiquitous, the
risk of improper use has increased. Beyond considering
Horkins’ still-relevant tips, any time a
lawyer uses social media - whether for marketing
or personal use - they should imagine that their
law society will read it. As pointed out by Brooke
MacKenzie in her excellent article for Slaw in
2022, 4 lawyers need to remember that improper
conduct on social media risks disciplinary proceedings
(or good character investigations for
licensing candidates).
On LinkedIn, where so much of what we post
is related to professional achievements and the
opportunity to endorse your own skills (and perhaps
of others), it is always important to consider
any applicable rules of professional conduct
regarding the marketing of legal services. For example,
in Ontario there are rigorous standards
that must be followed before a lawyer can hold
themselves out as a “specialist” in a given area. It
is prudent to review the skills and endorsements
that you have on LinkedIn and ensure that they
aren’t inadvertently misleading.
CONCLUSION
As Horkins’ 2014 article shows, social media has
been a powerful marketing and networking tool
for young (and perhaps now not-so-young) advocates
for at least a decade. While the platforms
may have shifted, the best practices remain
largely the same, supplemented by a healthy
reminder to always act in accordance with your
professional obligations. Nobody knows what
the next 10 years will hold, but following this
advice will serve young advocates using social
media well no matter what comes next.
Michael Hodgins is a member of the Keeping
Tabs Editorial Team.
Notes
1. Mansoor Iqbal, “Twitter Revenue and Usage Statistics (2024),
Business of Apps, February 22, 2024, online: <https://www.
businessofapps.com/data/twitter-statistics/>.
2. John Hyde and Paul Robertson, “High-profile lawyers quit
Twitter in disgust at Musk”, The Law Society Gazette, August
article>.
3. Allison C Johs, “2023 Websites & Marketing TechReport”,
American Bar Association Tech Report, January 8, 2024,
online:
<https://www.americanbar.org/groups/law_practice/
4. Brooke MacKenzie, “Professional Conduct on Social Media
for Lawyers”, Slaw, November 22, 2022, online: <https://www.
14, 2024, online: <https://www.lawgazette.co.uk/news/highprofile-lawyers-quit-twitter-in-disgust-at-musk/5120616.
resources/tech-report/2023/2023-websites-and-marketingtechreport/>
slaw.ca/2022/11/22/professional-conduct-on-social-mediafor-lawyers/>.
22 23

Q: Did you know you wanted to practice family law in law school or did it come later?
A: Great question! In my case, I knew I wanted to do family law from the beginning. I was at my
10-year law school reunion recently and when I ran into old friends who found out what I am doing
now, they weren’t surprised and noted that I was always interested in family law. I did the pro
bono family clinics in law school, the Walsh Family Law Moot, etc. Other than a very short-lived
30 minutes in second year where I entertained the idea of intellectual property, I always knew I
wanted to practise family law.
INTERVIEW
Q: Of the things you did in law school, would you recommend anything in particular to
someone who wants to practice family law?
A: The first thing I would recommend is participating in the Walsh Family Law moot. It allows
upper-year students to really focus on a discrete issue of family law that you wouldn’t otherwise
have the ability to do when just taking the family law course. The Moot also allows you to work
with like-minded people and other students who may be focused on family law. The second thing
I would recommend is volunteer work at your university’s family law clinic. In Windsor, I volunteered
at the Family Law Information Centre where we helped clients fill out forms, gather facts,
and, while we couldn’t provide legal advice, we listened to individuals’ issues and helped them sort
through the legal process. This gave me my first sense of what it would be like to be in a client
management area of practice.
Interview with Jessica Brown,
Halpern Law Group
Compiled by Folu Adesanya,
Whitelaw Twining (Ontario) LLP, and
Michael Hodgins, MD Lawyers
Jessica Brown is a partner practicing family law at Halpern Law Group. She is the recipient of the
2024 Patrick D. Schmidt Future of Family Law Award, awarded by The Advocates’ Society at Fall Forum
on October 25, 2024. This award was established to honour the late Patrick D. Schmidt and to
promote excellence in the profession by supporting junior lawyers in their early years of practice
who are choosing to dedicate their practice to family law and who have shown a commitment to
practice, to clients and to bettering other lawyers through teaching and mentoring.
Q: What drew you to the practice of
family law?
A: For me, it was always about the people.
There’s a really cool thing that happens when
you’re a family lawyer. When you first meet a
client, they often are so stressed it’s almost
like they’re vibrating. Of course, this makes
sense because we are generally meeting people
when they are emotionally vulnerable. The
cool thing that happens is usually, by the end
of that first meeting, I can see that they’ve
calmed down because they have some idea
of the process and the next steps. They feel
more assured that things will be okay, be it
financially or otherwise, even if okay is very
different from their past life. For me, it’s that
element of helping people through one of the
most difficult times in their lives that drew me
to the practice and keeps me here.
24

Q: Now that you are practising, do the same things that drew you
to family law keep you engaged?
A: Yes, and I would add that seeing the diversity of people and their issues makes the job very dynamic.
I feel like I’m always learning. I think most lawyers want to be intellectually stimulated and
family law definitely keeps you on your toes. There’s never a dull moment.
to prove that they’re a bit underpaid, but even if that may be legally correct is litigation the best
course of action if it is going to cost 10 times the underpaid amount to proceed to court? That’s
where practical advice comes in. I want to check in with my clients regularly, re-aligning our path
forward, as needed, and ensuring that the ends always justify the means.
Q: How has your family law practice evolved since you started?
A: When I first started out, I was doing a lot of drafting and support work for more senior counsel.
The biggest way my practice has evolved is more autonomy in managing my files, and getting on
my feet in court a lot more. The other thing is that over time, your knowledge expands so you can
tackle individual files more appropriately, to tailor your advice to a specific situation and get your
clients to the best possible end result.
Q: If you had to pick a highlight of your career so far what would it be?
A: For me, my career high would be running my own three-day trial and getting the confidence
to know that I could do a full file on my own from start to finish. I think fewer and fewer young
lawyers are getting exposed to trials and this exposure is very important to career development.
Leading up to a trial, you’re doing all these things – pleadings, motions, discoveries, and without
actually being part of a trial you don’t see how all of those steps culminate. Having done my own
trial (and being the second-chair on many others), I am in a much better position to give my clients
the advice they need. When you have the end result in your mind you can be more pragmatic and
focused along the way.
Q: What are the main challenges that you face as a family lawyer
and how do you manage them?
A: I think the phrase “work-life balance” is a little overused, but I do believe in setting personal
boundaries that work for you. Often in a client-service area of law, clients can be very demanding
of your time. I have seen many brilliant colleagues burn out because they give so much time and
energy to their files. One way to set clear boundaries is to teach clients how to treat you. I generally
tell my clients that I will respond to their emails during regular working hours of 9 am to 6 pm.
Any communications outside of those hours will be responded to the next business day unless
it’s an emergency. My clients need to trust me that I will gauge what is an emergency and what is
not. If lawyers don’t set clear boundaries and make themselves available 24/7, it becomes a client
expectation that you are always available and I believe that contributes to burnout.
Q: How about a low point and how you learned from it and became a better lawyer?
A: Well, no matter where you are in your career, you have to stay humble and I find that whenever
you get overconfident in this business, that’s when something is going to smack you down. So
for example, I was two years out and feeling good about my abilities when I received a call from
opposing counsel advising me that he just got an ex parte motion granted against my client. While
I was trying to figure out his client’s evidentiary basis to do this, he sent over the materials and I
learned that my client had lied to me multiple times in addition to withholding important information.
What I learned from this experience is that while you expect and hope that your client
will be honest with you, you need to spend time being critical of your own case and test your own
evidence. To be a strong advocate, you must understand the weaknesses of your case.
Q: What are some challenges that your clients face and how can we address them?
A: How much time do you have? There are a lot of really unique challenges that vary between clients.
But one thing that is common, and I think this is an access to justice issue as well, is clients’
expectations on seeing momentum on their file for the price they expect to pay. My clients often
don’t anticipate how much it will cost to see their case from beginning to end. They’re less likely to
know the path forward than other litigants.
In terms of how to address these challenges: going back to my earlier point about tailoing your
advice to a specific client, a lawyer can solve this problem by giving pragmatic advice and doing a
cost/benefit analysis throughout their retainer. For example, if someone comes to me and is concerned
about the level of spousal support they’re receiving (for those who don’t practice
family law, there’s a lot of grey area in spousal support), I could spend x amount of dollars
Q: Have you had any
important mentors in
your career thus far?
A: I’ve been lucky; I’ve
had a lot. Probably too
many to name. But the
one I will name is Robert
Halpern, who is my current
mentor and someone
I’ve worked closely
with for the past 8 years.
Q: What did you learn from them about the qualities that
make a good mentor?
A: What Robert did, and what many of my other mentors
did in a meaningful way, was put me in the spotlight. For example,
if we’re driving to court together he’ll say Jess, you’re
doing this issue today or that issue tomorrow. He’s always
given me a platform to speak, to contribute my ideas, and
to get on my feet in front of judges and mediators. He’s given
me the confidence to give my opinion, even if I disagree
with his. And by doing these things, he’s created a safe
place for me to learn, make mistakes and, ultimately,
grow as a lawyer.
26 27

Q: How did this mentoring relationship help the development of your practice?
A: It did a lot for my confidence, not only in trials and hearings but generally as a lawyer. We all
need that person we can ask questions to and Robert has been that person who always takes the
time to answer questions and run through my thinking with me, however convoluted it may be.
Tricks of the Trade 2025
A 30+ Year Tradition for Leaders of the Personal Injury Bar
January 31, 2025 | 9:30 am to 4:30 pm (ET) | Live at Arcadian Court in Toronto
Q: For family lawyers just starting out, what advice would you give your younger self?
A: Firstly, who you work for, who you are going to observe in court and who you choose as your
mentor are all really important. Everyone has a different litigation type, and some may match your
personality, others may not. Be as intentional as you can about who you choose to learn from and
find a litigator that best suits your personality.
Another piece of advice would be that when you’re just starting out say yes to as much as you
canbecause the more exposure you have, the better you’re going to be and the faster you’re going
to grow.
For over three decades, Tricks of the Trade has been the leading annual conference for the Ontario personal injury bar,
addressing current challenges for both plaintiff and defence counsel. Esteemed faculty will provide key updates on recent
decisions, timely advocacy tips, and the latest guidance on practice and procedure for personal injury litigators.
Top Tips for Hearings and
Motions in Writing
More and more matters are now heard in writing -
learn the recipe for successful written submissions!
Speakers: The Hon. Justice Spencer Nicholson,
Superior Court of Justice,
Kadey Schultz, Schultz Law Group LLP
Working with Vulnerable People
in Civil Sexual Assault and
Personal Injury Cases
Gain guidance on working with vulnerable parties
and witnesses, including trauma-informed approaches
for both plaintiff and defence counsel.
Speakers: The Hon. Justice Loretta P. Merritt,
Superior Court of Justice,
Anna Matas, St. Lawrence Barristers PC,
David Rogers, Rogers Partners LLP
Q: For any young advocate starting out, can you share how you approach advocacy and any
tips on being a good advocate?
A: To me, the most important person on a file is opposing counsel - I see them as my partner in
problem-solving and navigating the complexities of a case. There’s always a grey area in a dispute
but the yardsticks are usually something people can agree on. I’ll never forget when a senior
lawyer - Patrick Schmidt - was doing a discovery with me when I was just two weeks called to the
bar. He didn’t take advantage of me being a novice, even though we had decades of experience
between us. He made it so that we were colleagues, not adversaries. I continue to apply that lesson:
one of the most valuable tools in my toolbox for me and my clients is my ability to work with
opposing counsel.
Trials Under the New Simplified
Procedure Rules: Are You Ready?
Be prepared for your next (or first) trial under the
new Simplified Procedure Rules.
Speaker: Laura Dickson, DWA Law
Scenarios: Damage Assessments
Our panelists share their secrets for accurately
assessing damages in complex cases.
2025 Co-Chair
Lisa Belcourt,
Ferguson Deacon Taws LLP
2025 Co-Chair
Brenda Hollingsworth, Auger
Hollingsworth Professional Corporation
Speakers: The Hon. Justice M.J. Lucille Shaw, Superior
Court of Justice, Gabriela Nagy, The Regional Municipality
of York, Stacey Stevens, Thomson Rogers LLP
28
Q: What is your idea of perfect lawyerly happiness?
A: For me, it’s the environment I work in. I love coming to work every day and I don’t think I could do
my job without my colleagues and the peaceful environment we’ve created here. In all of the chaos of
our chosen profession, we’ve created calm. My lawyerly happiness comes from my environment.
OHIP Subrogated Claims: Best Practices
Hear how to handle OHIP claims properly and avoid
common pitfalls.
Speakers: Joni Dobson, MD Lawyers
Joanne Curran, Ontario Ministry of Health
Shawna Langille, Ontario Ministry of Health
2025 Co-Chair
Sudevi Mukherjee-Gothi,
Pallett Valo LLP
For up to date topics and agenda visit
www.advocates.ca
2025 Co-Chair
Brian Sunohara,
Rogers Partners LLP

Young Advocates’ Fall Social
September 18, 2024 | The University Club of Toronto, Toronto, ON
Calgary Bench and Bar Reception
October 3, 2024 | Calgary Petroleum Club, Calgary, AB
30 31

Fall Forum 2024: The Empowered Advocate
October 25 & 26, 2024 | Blue Mountain Village Conference Centre, Blue Mountains, ON
Chairs:
Jenna Green, Blake, Cassels & Graydon LLP
Tayler Meagher, EPCOR Utilities Inc.
Brendan Monahan, Babin Bessner Spry
Jessica Brown, Halpern Law Group
Keynote Speaker: The Hon. Chief Justice Geoffrey Morawetz,
Ontario Superior Court of Justice
Keynote Speaker: The Hon. Chief Justice Geoffrey Morawetz,
Ontario Superior Court of Justice
Richard Glennie, Beaton Burke Young LLP
Jessica Brown, Halpern Law Group
Stephen D’Agostino, Thomson Rogers
32 Darryl Cruz, McCarthy Tétrault LLP
Speaker: Alexandra Shelley, Torys
33

Ottawa Social Hosted by the Young Advocates’ Standing Committee
November 6, 2024 | 3 Brewers, Ottawa, ON
34 35

www.advocates.ca