For all of the law students or young litigators (or really any lawyers) who want to see exceptional advocacy, tomorrow's SCC case (Access Copyright) offers up two of the best: Sheila Block and Guy Pratte
It's also Justice Abella's last hearing. I'll post the link.
When I was a junior associate, a senior opposing counsel made an impression by emailing a genuine congrats after I won an appeal.* Recently, opposing counsel did the same, within minutes of the decision.
Be those lawyers, I try to be. The bar is small, but careers are long.
🚨🚨all law students, articling students and junior associates (or litigators of any age), if you want to watch excellent lawyers run a complex trial, the Cineplex trial is being streamed, in full, on youtube.
Evidence starts tomorrow.
Links:
Today is Justice Abella’s final day in her 17 yrs on the SCC and a decade after I finished clerking for her.
Allow me a moment/🧵 to reminisce on the my experiences w a phenomenal judge, intellectual, mentor, sponsor and human.
This can't be our premier weighing in on an active criminal matter and criticizing a judge for a substantive decision affirming the Charter rights of an accused to bail.
That would be completely inappropriate. So I must be mistaken.
This is beyond comprehension. It’s completely unacceptable that the person charged for this heinous crime is now out on bail. Our justice system needs to get its act together and start putting victims and their families ahead of criminals.
Who at the MS Teams team thought this was the collection of stickers that lawyers needed? Had they ... met any lawyers?
Who gets a statement of claim and thinks: there's a sticker for that!
On a call today I suggested that 6/630 PM professional events are difficult for parents with young kids. I was met with skepticism.
Is this experience just me?
Hawaii's Kilauea volcano, one of the world's most active, recently formed a smiley face in its over 24-metre deep crater during an ongoing eruption.
Mick Kalber of Paradise Helicopters captured the breathtaking scene.
100% this. Please, please stop the americanization of referring to judiciary as Harper/Trudeau/ Conservative/Liberal appointees.
Or judiciary is a lot of things. But it's not partisan.
In today’s SCC appeal, Brown J named checked the cafe in Donoghue v Stevenson where the ginger beer was purchased.
That is a level of law nerdom to which I aspire.
Guest lecturing a civpro class today, was told that they read a case I argued in multiple law school classes.
Be a litigator: have your losses live on in infamy.
Remote hearing today. Frequent instances of kids in background of counsel (not mine today).
Judge treated it all with aplomb, said it added a human element that was often missing in Court.
Just a reminder of the need for understanding in this COVID era (and possibly beyond!)
The Supreme Court upholds a fine of more than $9 million for a Quebec maple syrup thief. Read our plain-language summary here:
#criminallaw
#maplesyrup
I’m sorry, but the police DON’T need to do better. The police arrested him the 1st time. The police arrested him 4 more times!!! The police did their job. The Judges, JP’s the Judicial system allowed this to happen. Fat chance the media will even find out their names.
Now that we're no longer typing factums by typewriter AND instead filing/viewing them online (caselines)—can we please stop imposing page limits and use word limits instead?
Why do we continue to actively penalize white-space and readability?
Just the regular anxiety of choosing btw sending an unvaxxed JK kid to a class of unvaxxed JK kids OR keeping him from the learning and socialization he needs.
Or in Jan 2022, what we call Thursday.
Another opus from Stratas J - this time on legal writing.
Although it calls for brevity in legal writing, it is 200 slides. So I'll update this thread as I work my way through it.
A more senior colleague read though a cross-examination and gave me detailed feedback.
Mentorship is a career-long effort—finding a place that cares about your longterm professional development is all the difference.
In a remote hearing (US) today the judge concluded by thanking senior counsel for giving several junior lawyers significant submissions, noting how much he liked hearing from more junior lawyers.
This is so important to set the bar for other senior counsel (and clients).
Great tips from judges of the commercial list at tonight's junior counsel seminar. Some pet peeves:
(1) factums over 25 pages
(2) emailing judges at night/weekends/dinner time
(3) late filings
(4) you get a date, send invite w/i 24 hrs
(5) properly name the zoom invites
I love arguing appeals. It's my favourite thing to do in practice.
But you know what's better? Sitting 2nd chair and watching an associate argue their first appeal at the OCA.
It's a little galling to see the attacks on our former Chief Justice (usually from the right), for writing an article explaining in plain language what the Charter jurisprudence actually says and (what should be uncontroversial) that you read s 2 w/ s 1
My twitter feed today is made up of employment lawyers learning that the SCC regularly denies leaves to pure issues of law that are critical for an entire field of jurisprudence and in need of clarification.
#waksdale
I don’t know many people who believe that criminal law is the least skilled area of law. I am in constant awe of my crim law colleagues at the bar, who excel at evidence and courtroom advocacy, and make the most with few resources.
People believe criminal law is the least skilled area of law, but in fact criminal law is the one pushing massive changes to the legal system as a whole against unimaginable odds.
Justice Jamal's application is a must read and a powerful statement of the diversity of views that he brings to the Court.
But it is also a strong endorsement of the importance of pro bono litigation, which Jamal J (as he will soon be) championed
Putting issues of dissent + jurisprudence in the G&M is great.
But the attempt to keep importing party of appointment from US to explain splits or classifying judges as liberal or conservative is misplaced and injects unnecessary partisanship.
Announced this morning that we can expect a change to the Rules:
Factums in the Ontario Court of Appeal and Divisional Court will be moving to a word limit (and an ultimate page cap).
When we talk about modernization we can’t just talk tech. We need to talk rules too. Why affidavits of service? Why books of authority? Why time limits that are never observed?
And my biggest one: why page limits vs word counts (let’s maximize white space).
Evergreen tweet to journalists: if you're writing about a legal document or decision, link to it!
We want to see the statement of claim, trial decision, motion record etc. We really do.
On a coffee run, an associate recently offered to pay. I told him that I was still paying it forward for the hundreds of coffee more senior lawyers had bought me.
Mazel tov to all of the new lawyers who received their calls today.
Being a lawyer is what you make of it. It has brought me endless fascination, intellectual curiosity and the best of colleagues. I hope it brings you the same.
No, Richard Scary. Lawyers don’t work in offices anymore.
They work in bedrooms, dining rooms, closets, on patios, at kitchen tables…
Let’s not lie to our youth.
Congrats
@agarwalr
on becoming Justice Agarwal.
What a great appointment and a fantastic recognition for all of your efforts to make our bar better.
💯this. Down with supra!
Footnote twitter is second in my heart to grammar twitter. But it all comes down to
@cjmandell
‘s constant mantra: what is best for the reader? Stratas JA has said that it’s certainly not having to search the factum for the original cite.
#lawtwitter
can we please all agree to end ibid/supra footnotes and copy paste the case reference again? Eliminating supra references is a hill on which I will happily die in the reference revolution. Altho bribing the the editor of the McGill guide may be easier.
CJ Morawetz with stark calls for reform at Opening of the Courts. State of civil justice system cannot continue. Should not take 4-5 yrs to trial.
Wholesale rule reform is necessary. Need new normal. Calls for 2-3 years.
In a truly baller appellate move, counsel for the respondent at the SCC offered to sit down with 17 minutes remaining.
Cote laughs and decides to ask a question instead.
The Tory’s LLP Team of Joshua Morry, Molly Reynolds and Nic Wall worked hard with us behind the scenes. They’ve provided counsel and direction to our team since the beginning of our journey, and we would not be where we are today without them.
#VHCThanksYou
This new John I Laskin paper really is full of factum writing tips (appellate, but generalizable).
Here's a 🧵of the ones I found most helpful/interesting /1
Appeared in the SCC today with
@AlicjaPuchta
and
@jonscottsilver
. Such superb teammates - it’s hard to think about doing this job without colleagues like them.
Since this apparently needs to be repeated every year: no, the "persons case" didn't "recognize women as 'persons'", just as it didn't give the courts the authority to change the constitution. It was a case about the meaning of a particular constitutional provision, nothing more.
Justice Abella is a role model to many. But an understated model is her husband Irving “itchy” Abella, who promoted, supported and was a cheerleader throughout her meteoric career.
He’s certainly a model I want to emulate.
I got some colour for my home office (and an addition to my zoom background) in this beautiful alpaca, by
@kryart
.
@PamHrick
gets visitation rights to see Andy.
CanLII and
@slaw_dot_ca
are proud to announce the addition of 13 new ebooks to CanLII’s commentary collection! The series now encompasses 31 ebooks that feature legal writing on a variety of subjects.
NY firm, litigation recruiting partner told me that my English was excellent for a Canadian.
My English was not good enough to think of a response.
No offer was forthcoming.
I’m am constantly shocked at the increasing number of decisions from the bench at the SCC. At least there are reasons to follow here...
These appeals had immensely hard issues on Charter/policy/social justice. Would 2 weeks of reflection really hurt?
My favourite is when all judges tell us that good legal writing avoids block quotes (I agree!) and then the Supreme Court of Canada drops in giant block quotes from old English caselaw...
The worst part of preparing for oral argument is re-reading your factum and finding the typos.
Or worse the sentences that you inappropriately separate the verb and the object. 🤦♂️
This morning I had an unexpected 3-yr old visitor on my zoom motion. He was really into my submissions. The perils of litigating at home!
P.S. : the judge and counsel couldn’t have been nicer about it.
So many congrats to
@SarahEWhitmore
for her promotion to partner. 🎉 🎊 🎈
Sarah was the one who convinced me to come to
@TorysLLP
, 6 years ago and hasn’t steered me wrong since. I’m so thrilled she’s joining the partnership.
I've appreciated the various friends who have checked in after the aftermath of October 7.
But if you're wondering if it's too late to check in on your Jewish friends, it's not. Things are getting worse here. Scares of antisemitism are more blatant, notorious and frightening.
My wife
@RZwingerman
asked me if the commercial list seminar I ran yesterday was about Vavilov. Because it appears on
#lawtwitter
it’s only Vavilov Vavilov Vavilov.
I told her that her assumption was reasonable, but incorrect.
The waiting room concept seems to miss one of the best learning opportunities at court : watching other counsel (good and bad) practice their craft.
I miss watching colleagues argue motions bf me (and seeing how the judge is feeling that day)
Today I spent 2 hrs in an OCJ zoom call, left in the waiting room, with no indication that the (relatively short) list was even being called. At least if I could be let into the courtroom muted I'd know that something was actually happening.
Lol as a litigator you would not think that I am afraid to send my landlord an email asking to renegotiate rent (I’m paying $300 more a month than what other same-sized units in my building are going for). But I am!
Today I was honoured to speak at the swearing out ceremony of Justice Kathryn Feldman of the Court of Appeal for Ontario. What an incredible jurist, mentor, teacher, colleague and friend.
Justice Jamal is now talking about the importance of doing pro bono to use the bay street platform he had to meet his responsibilities to the broader community
Didn't do 1 or 2 cases, but cases over his 32 year career, so that it became part of who he was
A model for all of us
Yes. ✔️ or just license PACER:
Nova Scotia Court of Appeal Chief Justice Michael Wood suggests money could be saved by creating a national electronic registry for court documents, instead of having each province pay for their own.
Administrative tribunals do not inherently create access to justice (speedy/efficient/informal resolution).'
They only create access to justice if the executive designs a system for access to justice.
What I don't understand about the collapse of the HRTO is that it hurts business.
Publicly traded corporations have to report on their pending litigation. If there is no way to advance a claim to decision, then the corporation has to report on these claims for years and years.
Another attack on a synagogue. On another Shabbat. 💔
Having security/police at our houses of worship shouldn’t be a necessity for Jews in 2021. The hate is palpable. Let us pray in peace.
Heavily armed police officers are responding to a synagogue in Colleyville, Texas, where a man could be heard shouting on the congregation's livestream.
Another instalment in the John I Laskin masterclass on legal writing in this issue of the Advocates Journal.
Basically all of the legal writing wisdom we've received is backed by the science of reading.
The
@SCC_eng
will release it’s unjust enrichment decisions in Sweet v Moore this morning. Whatever the result, given the efforts of
#SaveLawHelp
we have to recognize the role of
@ProBonoOntario
It was only through its programs that I was connected to the respondent /1
For all of our newfangled ability to file pleadings online in Ontario, apparently you can’t file AMENDED pleadings.
We’re a long way from a functioning electronic court my friends.
Could corporate lawyers please stop putting in absurdly ridiculous timeframes for complex commercial arbitrations: 15/30/60 days from dispute to award?
We're litigators, not wizards. (possible that
@PaulErikVeel
is both)
The
@SCJOntario_en
's effort to not only livestream trials of significance but to make those links easily accessible is ++ commendable.
This is the embodiment of the open courts principle in 2021.
The Ontario Superior Court of Justice is livestreaming the trial in Chippewas of Saugeen First Nation, et al v. The Town of South Bruce Peninsula et al. starting November 23rd.
Livestream links can be found here:
I got an unprompted email about an oral argument I made from a lawyer I respect (not involved in the case).
It made my day.
What a good reminder that sometimes that 30-second email that costs so little, can do so much.
Reading the GHG reference (BWA is coming!), I am still struck that SCC refused to put more than 2 counsel of record for parties (1 for interveners)
Many junior counsel worked for yrs on this seminal case. With 75 pp. of headnotes, was there not enough room for a few more names?
Congrats to
@MollyMReynolds
- Precedent Setter Award winner 2019. We couldn’t ask for a better colleague and mentor:
“I want students and young lawyers to feel like they have an ally,” says Reynolds. “Sometimes, that just means listening.”
So thrilled that our
@TorysLLP
mentor and colleague Sheila Block has been appointed to the Order of Canada.
I know that there are so many in the Toronto bar that consider her a mentor, friend and trail blazer.
My wife once was prevented from bringing in a 6 week old baby into a conference (on reproductive medicine!) because of the strict application of a no children rule.
They told her that most new mothers just stay home.
Infuriating.
I usually put out garbage/recycling based on the collective wisdom of what my neighbours are doing.
Has a street ever just entirely got the week wrong?
Ontario’s enhanced restrictions were always intended to stop large gatherings where spread can happen.
Our regulations will be amended to allow playgrounds but gatherings outside will still be enforced. Play outside safely. Parents keep your distance & wear masks if you can’t.
I have 3 hearings today at the Commercial List.
What permits this ironically isn’t new tech (zoom), but that we now have set times for the hearings instead of a running list. No more waiting around.
Whatever happens w zoom post-COVID, pls let us keep firm times for hearings!
This is the harm of the normalization of preemptive s33 notwithstanding clause use. No need to justify. No dialogue with Courts. No emergency.
Just the overriding of rights when convenient for the government of the day.
The parental consent requirement is set out in s.197.4(1). It contains a notwithstanding clause overriding the rights protected by s.2 (fundamental freedoms), 7 (life, liberty and security of the person) and 15 (equality rights) of the Canadian Charter of Rights and Freedoms.