Keeping Tabs - Winter 2020

KEEPING TABS
The Advocates’ Society
Winter 2020

CONTENTS
04
06
08
11
14
16
19
20
22
Chair Chat
Malik Martin, Rueters LLP, Toronto
Young Advocates in the News
Compiled by Carlo Di Carlo, Stockwoods LLP, Toronto
TAS Report: Commercial Litigation Practice Group
Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP, Toronto
Towards Mental Health
Caitlin Regan, Cox & Palmer, Halifax
YASC in the Community: Pro Bono
Louis Century, Goldblatt Partners LLP, Toronto, Carlo Di Carlo, Stockwoods
LLP, Toronto, Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP, Toronto
TAS Report: Thunder Bay Career Panel
Alexandra McCallum, White Macgillivray Lester LLP, Thunder Bay
TAS Report: Vancouver Big Mingle
Kaitlyn Meyer, Hakemi & Ridgedale LLP, Vancouver
TAS Report: Financial and Tax Planning Advice
Victoria Sorge, Student-at-Law, Bartlet & Richardes LLP, Windsor
Book Review
Amanda Rosenstock, Student-at-Law, Grinhaus Law Firm, Toronto
Mastering the art and craft of advocacy is a career-long commitment and we are
here to help. The Advocates’ Society has been the premier provider of advocacy
skills training for over 30 years. We are proud to provide lawyers across Canada
with the training and the confidence they need to execute on their feet when it
counts. The Judge will notice…your clients will too.
Visit www.advocates.ca. Be part of the legacy of extraordinary advocates.
24
Interview with Janani Shanmuganathan
Compiled by Carlo DiCarlo, Stockwoods LLP, Toronto
Editor: Denise Cooney, Paliare Roland Rosenberg Rothstein LLP
Denise.Cooney@paliareroland.com
Keeping Tabs Editorial Team: Alexandra Shelley, Torys LLP, Caroline Youdan, Fasken Martineau LLP, Carlo Di Carlo, Stockwoods
LLP, Emilia Coto, Lisa Jørgensen, Ruby Shiller Enenajor DiGiuseppe, Barristers
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.
3

COMING UP
(Click on the program to learn more)
CHAIR CHAT
A New Year
Malik Martin, Rueters LLP
FEB 03
Advocacy and
Persuasion As
In-House Counsel
Toronto
FEB 05
Family Litigation
on a Shoestring
Budget
FEB 06
Toronto Mentoring
Dinner Series
Toronto
My grandfather, a brash, hard-drinking
Texan, was born and raised on
a ranch during the Depression, the
youngest of eleven children. A sports
star and high-school valedictorian in
the segregated South, he attended
a historically black university near
Houston where he met my grandmother.
My grandmother grew up in
the bayou. Raised by her own grandmother,
Big Mama, she spent her
childhood taking in laundry, selling
herbal remedies, and serving drinks
at a juke joint, where she put her
tremendous memory to use counting
cards in blackjack games. A star
student at her local high school, she
entered university at sixteen. Almost
70 years later, here I am, a partner
at a law firm in Toronto – choppin’ in
some tall cotton – as she liked to say.
The past year saw the defeat of
one of the Law Society of Ontario’s
first steps toward implementing
the promotion of equality, diversity
and inclusion in our profession, the
Statement of Principles. The opposition
to and defeat of that modest initiative
was disheartening. It was disheartening
to those of us for whom
equality means, at the least, the opportunity
for our contributions to be
assessed fairly against those of our
peers; diversity means seeing oneself
reflected in the spaces where
we spend most of our lives; and inclusion
means at least being allowed
into those spaces. So, what now?
When I asked my grandparents
how they managed to make their
way through the world in the face
of both direct and subtle efforts to
stop them, they’d say, “Just keep on
walkin’ and act like you belong. You’ll
get there soon enough.” As this New
Year begins and you reengage with
your practices and the profession or
restart the job hunt, I want to say this
to all of you: Keep on walkin’, y’all.
We’ll get there soon enough.
If you’d like to contribute to
Keeping Tabs please contact our
editor, Denise Cooney at:
Denise.Cooney@paliareroland.com
FEB 12
Legal Drafting
for Litigators
Toronto
FEB 27
Ottawa
Courthouse
Ottawa
FEB 20
Administrative
Tribunal Advocacy
Toronto
MAR 03
Sudbury
Courthouse
Sudbury
FEB 26
Digital Evidence
for Litigators
Toronto
FEB 20
1 st Annual
Vancouver
Gala Dinner
Vancouver
FEB 27
London
Courthouse
London
4 5

YOUNG ADVOCATES IN THE NEWS
Young Advocates
in the News
Compiled by:
Carlo Di Carlo, Stockwoods LLP
Donate Your Rate
to support Pro Bono Canada
Our Donate Your Rate TAS Gives Back campaign asks members to donate
just 15 minutes of their billable rate to Pro Bono Canada. Our collective
power has the ability to raise hundreds of thousands of dollars to make a
difference for Canadians in need of access to justice.
· Ontario’s law society is tying itself in knots over diversity and compelled speech –
CBC, Sept 6, 2019. Atrisha Lewis of McCarthy Tetrault LLP is quoted in this article
regarding the debate at the Law Society regarding the statement of principles.
Visit www.advocates.ca to Donate Your Rate today!
· CN Tower’s owner says book cover violates trademark – Toronto Star, Oct 3, 2019.
Ren Bucholz of Paliare Roland LLP comments on the case of his client, Canadian
author James Bow. Mr. Bow was facing an allegation of trademark infringement for
putting an image of the CN Tower on the cover of his novel.
· Court hearing Ontario students’ fight over opt-out of supplementary fees – CBC,
Oct 11, 2019. Louis Century of Goldblatt Partners LLP is quoted in this article summarizing
his client’s case which sought to challenge the Ontario Government’s decision
to allow university students to opt out of union fees.
· Ousted Toronto city councillor Jim Karygiannis seeks reinstatement at hearing –
Globe and Mail, November 21, 2019. Stephen Aylward of Stockwoods LLP, is quoted
in this article discussing the decision wherein Toronto City Councillor Karygiannis
sought reinstatement after scrutiny of his financial statements led to his dismissal
from City Council. Stephen represented Adam Chaleff, the citizen whose concerns
led to scrutiny of Mr. Karygiannis’s financial statements.
· Yes, your boss can fire you for things you say. Toronto Star, Nov 25, 2019. Annamaria
Enenajor of Ruby Shiller Enenajor DiGiuseppe LLP is quoted in this article
that discussed the termination of Don Cherry from HNIC and the scope of freedom
of expression more generally.
6 7

TAS REPORT: COMMERCIAL LITIGATION PRACTICE GROUP
Business Development
Strategies for Women
and Allies
Sapna Thakker, Lax O’Sullivan Lisus Gottlieb
On November 28, 2019, The Advocates Society’s Commercial Litigation
Practice Group hosted a panel discussion in Toronto on business development
for women and allies, featuring Wendy Berman (Cassels Brock &
Blackwell LLP), Eliot N. Kolers (Stikeman Elliott LLP), Scott Hutchison (Henein
Hutchison LLP), and Shara Roy (Lenczner Slaght Royce Smith Griffin
LLP). Reena Lalji (Bank of Montreal) moderated the discussion. The panelists
offered practical tips on how women in private practice can build their
profiles, develop business, and effectively work with allies. Here are three
takeaways from the discussion.
1. Maintain relationships
Lawyers who remain in private practice
should anticipate that some of their law
school classmates and former colleagues will
move into roles where they will be responsible
for hiring and supervising external legal
counsel. It is important to maintain these
relationships, which can be excellent referral
sources in the future.
2. Be conscious of how you report to your clients
One of the best ways to win over a client is to
project confidence. Wendy Berman suggested
that in reporting victories to clients, women
should make a point to report the victory first,
and any additional details after, while delivering
the message in their authentic voice.
3. Advice on mentoring
Allies, both men and women, have an important
role in promoting women at work. As Scott
Hutchison said about a generation of men who
want to help, “we are hopeless.” He suggested
the best way for women to ensure that they are
being put in client-facing roles is to be specific
and ask. Similarly, Eliot Kolers recommends what
he calls the Jerry McGuire approach to mentorship.
He asks his mentees to “help me help you”
by making specific requests for what they want,
whether that be to be put on a file, to be introduced
to a specific client, or to run a meeting.
8 9

TOWARDS MENTAL HEALTH
Ottawa
President’s
Reception
Thursday, January 30, 2020
5:30 PM - 7:30 PM
The Rideau Club
99 Bank St
Ottawa, ON K1P 1H4
Mark your calendar. Please join us for an
evening of collegiality. Bring a colleague
and reconnect after the holidays with the
bench and bar.
To learn more visit
www.advocates.ca
The End is Not the End:
How a leave of absence
helped make me a
better lawyer
Caitlin Regan, Cox & Palmer
I am a commercial and construction litigator at the wonderful firm of Cox &
Palmer in Halifax. I am a fourth-year associate and, by all accounts, a hard worker
and dedicated lawyer.
And this year, I took a six-week leave of absence.
A bit of background is necessary to understand why I am writing about this, and why
I think it matters; so, indulge me while I set the scene.
I was called to the bar in 2015. Between law school and articles, I volunteered with
a Crown Attorneys’ office. I took three weeks off between the end of articles and
starting as an associate. I spent two of those weeks shadowing Crowns to prepare to
become a per diem Crown.
In other words, I loved my work and I loved to work. A lot. That continued into practice.
My hard work was reflected in the professional opportunities I received. I made submissions
in the Court of Appeal during articles; I won my first injunction six months
after being called to the bar; I ran and won my first solo trial in 2017.
I don’t tell you these things to brag. But to understand why what happened next was
10 11

so difficult, you need to understand the standards
to which I held myself professionally. I
don’t think I am unique amongst lawyers in this
respect; the vast majority of us are ambitious
and unyielding in our pursuit of perfection.
Then came 2019. In January, I received a significant
medical diagnosis. I had my first treatment
on my birthday in March. Later in March,
the main partner I worked with was appointed
to the bench. In May, my husband and I separated.
A week later I found out my first medical
treatment was not successful. Finally in June, an
issue with a friend was the final straw.
I couldn’t eat;
I couldn’t sleep.
I was tense,
anxious,
and withdrawn.
I couldn’t focus.
I couldn’t eat; I couldn’t sleep. I was tense, anxious,
and withdrawn. I couldn’t focus. I would
later find out that I was taking far too much of
a certain medication. It was a perfect storm. In
short, I had reached my breaking point.
I had always prided myself on being able to
“push through” anything; to be able to out-work
and out-prepare any problem. But now, I physically
couldn’t do it.
I spoke immediately with my firm. When they
suggested I could take a leave of absence up to six
months (or longer, if I needed it), I was horrified.
I felt like everything I had worked for, the reputation
that I had painstakingly begun to cultivate,
was lost. Everyone would know me as the
lawyer who “just couldn’t hack it”. It was exactly
the opposite of who I had always tried to be. I
was sure my career would be forever marred by
my inability to “cope”.
I was required to give up all of my files while
on leave. Although I now recognize this was essential,
at the time I was sure I would return to
a practice picked clean by other lawyers who
could “handle it”, and to clients who were no
longer confident in me or my abilities.
In reality, this could not have been further
from the truth. My group seamlessly took over
my files and promised to hand them back when
I was ready. They encouraged me to take the
time I needed to get healthy. I was told, “We
want you to have an entire, successful career
with us; in the grand scheme of things, this won’t
matter at all. Your health has to come first.”
Slowly, with the help of my family and my doctor,
I came to appreciate the physical harm that
stress can do to a person and the consequences
of ignoring it.
I came back, as scheduled, after six weeks. I
started out slow. My firm hired new associates,
which helped to distribute the workload. No
one batted an eye when I said that I was working
from home a few days a week.
I was soon astounded (and relieved) to find
that I was flourishing. Despite my trepidation,
no one “stole” my files – they were well-managed
and transitioned back without complaint.
None of my clients fired me; my client relationships
were as strong as ever. I won my first appeal
as first chair. By the end of this year, I will
have been first chair on two more appeals, and
co-counsel on successful interlocutory submissions
to the Supreme Court of Canada.
There is a misconception about what taking
time to address your physical and mental health
will do to your practice. It is not a death knell. It
can be a necessary, and beneficial, part of a professional
life.
Take care of yourselves. Find firms, friends,
and healthcare professionals who will do the
same. Your practice will thank you for it and,
above all, you deserve nothing less.
1 st Annual
Calgary Gala
Thursday, April 2, 2020
The Fairmont Palliser,
133 9th Avenue SW, Calgary, AB
Calgary’s 1st Annual Gala will take place
next April. Mark your calendar and stay
tuned for more information on The
Advocates’ Society’s inaugual gala evening
for advocates in Calgary.
To learn more or register visit
www.advocates.ca
Signature Sponsors:
Supporters:
12 13

YASC IN THE COMMUNITY: PRO BONO
Pro bono opportunities
through TAS
Compiled by:
Louis Century, Goldblatt Partners LLP
Carlo Di Carlo, Stockwoods LLP
Sapna Thakker, Lax O’Sullivan Lisus Gottlieb LLP
In 2019, the Young Advocates’ Standing Committee created a working
group dedicated to encouraging members’ participation in pro bono initiatives.
Below are accounts from five TAS members about their experiences
with various pro bono programs available through TAS. More
information on these and other programs are available on the TAS pro
bono page: https://www.advocates.ca/TAS/Advocacy/Pro_Bono/TAS/Advocacy_Pages/Pro_Bono.aspx
TAS-PBO Consumer Protection Initiative
The YASC Pro Bono working group recently facilitated
the launch of a partnership between
The Advocates’ Society and Pro Bono Ontario
called the TAS-PBO Consumer Protection Initiative.
This Initiative matches pro bono lawyers
with consumers who have been victimized by
predatory door-to-door sales contracts. Glynnis
Hawe (Paliare Roland Rosenberg Rothstein
LLP, 2017) has represented consumers, often
immigrants, in extremely difficult circumstances
after being sued by predatory lenders. Hawe
describes these files as a “particularly great experience
for junior lawyers” and “an opportunity
to run a case from beginning to end and” up
to and including a trial. Glynnis says her clients
are “incredibly grateful for the assistance and
I’ve been incredibly lucky to get to know them.”
Duty counsel for LSO discipline hearings
Duty counsel provide advice and representation
to unrepresented lawyers and paralegals
in summary prosecutions before the Law
Society of Ontario’s Tribunal. Files range from
summary advice to multi-day hearings. Daniel
Naymark (Naymark Law, 2009) notes “there is
more demand for the service than capacity,
so you will be doing a public good and getting
great hearing experience.” In one case, the Tribunal
specifically acknowledged the important
role he played as duty counsel: “The outcome of
the matter before me was directly attributable
to the diligent, exhaustive and comprehensive
efforts of Duty Counsel.”
Ontario Securities Commission Litigation
Assistance Program (LAP)
Pro bono lawyers provide litigation services to
unrepresented respondents in enforcement proceedings
before the Ontario Securities Commission.
Maureen Doherty (Borden Ladner Gervais
LLP, 2013) has represented several individuals
and corporations through the LAP: “I have attended
at preliminary appearances and provided general
advice on the Commission procedure.” She
describes the LAP as “an invaluable opportunity
to get to know the procedures of the Commission”
while also supporting unrepresented individuals
in need of legal help, and getting to know
fellow securities litigators around her year of call.
Amicus/Duty Counsel Program at the Court
of Appeal
Through the Amicus/Duty Counsel Program,
lawyers assist litigants with matters before the
Court of Appeal. The program “helped me to
understand how difficult it was for an individual
to navigate the legal system without legal expertise
or resources,” said Emily Fan (Lerners LLP,
2011) who has been involved in the program for
seven years. For Fan, the most rewarding part is
helping clients find clarity around legal issues:
“Sometimes it was not the answer they were
looking for and I was unable to solve every issue.
However, I always saw the moment where
they gained a better understanding of the way
forward or what to expect.”
Law Help Ontario
Through Law Help Ontario, lawyers volunteer to
provide summary advice to clients. In some cases,
volunteers provide more substantial assistance,
including conducting Small Claims Court trials.
“Helping people navigate our legal system is incredibly
rewarding. The clients at Law Help Ontario
are usually quite stressed and upset when
they come into the office due to being involved in
a lawsuit,” notes Sarah Naiman (Intact Insurance
Company, 2014) who has volunteered with the
program since 2015. She notes that “I also learn a
lot myself every time I attend and it has made me
a far better litigator as a result.”
14 15

TAS REPORT: THUNDER BAY CAREER PANEL
Six Tips for Summering
and Placement
Alexandra McCallum,
White Macgillivray Lester LLP
Late last year, a panel of five newly minted lawyers from the Thunder Bay
bar met with students from the Lakehead Bora Laskin Faculty of Law to offer
some practical advice about how to get the most out of the summering
and placement process. Below are the top tips provided by the panel:
1. Keep an open mind
While you may have started your law school career with a particular path in
mind, be open to exploring new areas of law. You may find that your personality
and skills are best suited to an area of practice that you had never considered. As
a student, this is your chance to test the waters and see what’s out there.
2. Use this as a learning opportunity
Even if you don’t see yourself practising at the firm where you end up during
your summer or placement, use every opportunity to develop your legal skills
and workplace competencies. Learn how to draft legal documents, write professional
and succinct letters, and navigate the administrative requirements of
seeing a file to completion. Skills are transferable
and your base knowledge will come in handy no
matter where you end up.
3. Participate
Try to attend after-work social events or volunteer
in the community. Not only is this a great
way to build your network as a future lawyer, it
can also provide valuable insight into the initiatives
that are important to your firm and to the
needs of the community you serve.
4. Develop and practice workplace
communication skills
Take this opportunity to observe how other
lawyers communicate, both with clients and
with colleagues. Fostering relationships is just
as important as honing your legal skills.
5. Develop your research skills
Learn how to navigate online research platforms
like Westlaw and Canlii. Also, never underestimate
the power of a book—when faced
with a legal problem, it’s helpful to start with a
general treatise that lays out the governing statute
and leading case law.
6. Know your value
You may be a student with much to learn,
but keep in mind that you also have something
to contribute. Put your best work forward,
but don’t be afraid to voice concerns
or make mistakes. Choose a firm that is willing
to teach and guide you through the early
stages of your career.
Take these tips with you as you embark on
your summering and placement positions and
remember to view this opportunity as another
step in your legal education. Take full advantage
of the opportunity to observe the inner
workings of a law firm, to explore the various
areas of law, and to develop the skills you will
carry with you in your future practice.
Special thanks to the panel members:
Jeffrey J. Moorley (Moderator) -
White Macgillivray Lester LLP
Alexandra McCallum - White Macgillivray Lester LLP
Amy Grann - Matthews Dagsvik Law
Eric Zablotny - MacIvor Scrimshaw Nelson LLP
Hayley Yorke - O’Neill Associates
Nathan Wainwright - Cheadles LLP
16 17

1 st Annual
Vancouver
Gala Dinner
Thursday, February 20, 2020
Terminal City Club,
837 West Hastings Street, Vancouver, BC
Join us for The Advocates’ Society’s first
annual Vancouver gala exclusively for the
bench and bar.
To learn more or register visit
www.advocates.ca
TAS REPORT: VANCOUVER BIG MINGLE
Vancouver Big Mingle
Kaitlyn Meyer
Hakemi & Ridgedale LLP
Generously Sponsored by:
Premier Dinner Sponsor
Host Cocktail Sponsor
Supporter
YASC’s second annual Vancouver Big Mingle took place on November 6, 2019 at Mahony
& Sons. The event was attended by over 80 law students, articling students,
judicial law clerks and lawyers from various practices throughout the city. As always,
the event was a great opportunity for YASC members to connect in a casual setting,
and expand their networks. A special thank you to Fasken Martineau DuMoulin LLP
and Pender Litigation for generously sponsoring this event.
18 19

TAS REPORT: FINANCIAL AND TAX PLANNING ADVICE
The First 10 Years:
Setting the Right Financial
and Tax Planning Habits
for Success
Victoria Sorge, Student-at-Law,
Bartlet & Richardes LLP
On October 23, 2019, The Advocates’ Society hosted “The First 10 Years Setting
the Right Financial and Tax Planning Habits for Success”, in Windsor,
Ontario. The event was generously sponsored by Baker Tilly Windsor LLP.
Successful Financial and Tax Planning Habits:
Brian Cowell, Chartered Professional Accountant, presented on setting
Successful Financial and Tax Planning Habits. Mr. Cowell described the different
tax implications for self-employed lawyers, and advised that newly
self-employed lawyers should set aside money
for taxes owing throughout the year. He
found that many young lawyers do not save in
advance for their required tax payments, and
without proper planning can quickly fall behind.
He also suggested that young lawyers should
consider tax implications of establishing a Professional
Corporation (PC) as their legal business
entity. Mr. Cowell stressed that PCs allow
employers to earn significant income, retain
substantial business assets, and save for the
future, while limiting non-professional liability.
But, PCs can be complicated to set up and can
produce high annual administration costs. He
suggested young lawyers discuss business formations
with an accountant before proceeding.
Mr. Cowell also provided tips on how good
client management practices foster successful
financial management habits. For example, billing
regularly ensures both lawyers and clients
are clear on the work performed, and the value,
nature and complexity of that work.
Finding Balance:
Denise Hrastovec, Chartered Professional Accountant,
and Peter Hrastovec, Shibley Righton
LLP, addressed the importance of building
stress resilience through maintaining healthy
practices. Their advice covered a broad array
of topics, included finding recovery and adjustment
in stressful times, understanding personal
limits, committing to hobbies, making healthy
lifestyle choices, and looking to your workplace
for support when needed.
The moderators also discussed the effects
workplace environments can have on productivity.
Employees tend to feel happier and more
valued in workplaces which prioritize open communication
and safeguard against toxic work
environments. To promote employee wellness
and a positive work environment, employers
should share policies and corporate objectives
with employees, provide proper training and
mentorship, conduct regular performance reviews,
and implement workplace activities.
20 21

BOOK REVIEW
“Inclusive Justice”:
The legacy of Prime
Minister Kim Campbell
Amanda Rosenstock, Student-at-Law,
Grinhaus Law Firm, Toronto
In her memoir, Time and Chance, The Right Honourable Kim Campbell recounts
her remarkable journey to becoming Canada’s only female prime
minister and first female Minister of Justice. Her memoir tells the story of
a lawyer who broke the gender barrier to bestow upon the country a rich
legacy of “inclusive justice”. 1
After being appointed Minister of Justice in February 1990, Campbell set
out to ensure that the justice system would serve all Canadians. 2 Heavily
influenced by the introduction of the Charter and her belief that the Department
of Justice should be one of the “creative centres of government”, 3
she spearheaded a public consultation process
to redraft a new rape shield regime in response
to the Supreme Court’s ruling in R v Seaboyer.
Bill C-49, passed in June 1992, reaffirmed the
principle that evidence of a complainant’s prior
sexual history is not generally admissible in sexual
assault trials. 4
Campbell’s next major achievement was the
passage of our modern-day gun control legislation
which required that every firearm in
Canada be stored under lock and key. 5
Towards the end of her tenure as Minister of
Justice and shortly before becoming the first
woman to serve as Minister of National Defence
and Minister of Veterans Affairs Campbell used
her clout to reverse a policy that prohibited gay
Canadians from serving in the military. 6
On June 25, 1993, Kim Campbell was sworn in
as Prime Minister of Canada. Although her tenure
in Canada’s highest office would only last
four months, her political achievements are the
embodiment of her personal motto: “Seek Wisdom,
Conquer Fear, Do Justice.” 7 Her story is a
must-read for current and aspiring advocates.
Notes
1. Kim Campbell, Time and Chance: The Political Memoirs of Canada’s
First Woman Prime Minister, 4th ed (Right Honourable Kim
Campbell, 2017) at 131.
2. Ibid at 109.
3. Ibid at 128.
4. Ibid at 144.
5. Ibid at 172.
6. Ibid at 175.
7. Ibid at 349.
22 23

Do you know a young advocate that we
should feature in an upcoming Interview?
Click here to email us with your suggestion.
Q. Sticking with Twitter, in the summer you tweeted about an incident where, despite
the fact that you were gowned, the court officer called you a “student”. Why did you
Tweet about that?
A. In the last few years, I have become increasingly vocal about how people in court (e.g. staff,
other lawyers, judges etc.) sometimes mistake me for someone other than a lawyer (e.g. an interpreter,
assistant, articling student etc.). In response, some have said that perhaps the reason for
this mistake is because I look so young. But on this particular day when the court officer saw me,
I was completely gowned. There was no reason for him to mistake me for someone other than
a lawyer. And yet something about me – be it my youth, my gender, or the colour of my skin –
overshadowed the fact that I was in a gown and made the court officer think that I couldn’t be a
lawyer. This encounter was a prime example of unconscious bias in our profession and I wanted
people to hear about it.
INTERVIEW WITH JANANI SHANMUGANATHAN
Q. What do you want non-racialized lawyers to know about
moments when racialized lawyers get treated in a manner that
appears to be affected by unconscious bias?
A. It hurts. It makes me feel like I will never truly be accepted and
treated like a lawyer in this profession.
Q. What is your
year of call?
A. 2012
Janani Shanmuganathan,
Goddard Nasseri LLP
Compiled by Carlo DiCarlo, Stockwoods LLP
Q. What is your favourite part about your practice?
A. Working with family. I have two partners: one is my husband (Owen Goddard) and the other is
like a brother to me (Justin Nasseri), so firm meetings are like family dinners. What could be better?
Q. Who is your legal hero? Why?
A. To be honest, I am still on the hunt for my hero.
Q. How would your colleagues
describe you?
A. Passionate, dedicated
and fearless.
Q. Why did you become a litigator or advocate?
A. I’ve only ever wanted to be a lawyer.
Q. You’ve worked with FACL on its initiative on Twitter to help lawyers pronounce the
names of racialized lawyers. Why is this initiative important to you?
A. Despite being a lawyer for more than seven years, I am often only ever referred to as
“counsel” in court, even when co-counsel and the Crown are all referred to by name. By
doing this video, I wanted to show people that my name is not that difficult to pronounce –
jenna-knee shan-mu-ga-na-than – so that I receive the same treatment that other lawyers do.
Q. What is one of your most
significant files?
A. Representing Mr. Nur in R. v. Nur,
2015 SCC 15 – the first time in 30 years
that the Supreme Court of Canada
found a mandatory minimum sentence
unconstitutional.
Q. What is your favourite case that you have
done? Why?
A. After nine days of deliberating, a jury acquitted
my client of first-degree murder. The feeling
of seeing your client walk out of the prisoner’s
dock – after years in custody – and into the arms
of his family is simply amazing.
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Ottawa Social
Friday, November 1, 2019 | Norca Restaurant & Bar, Ottawa, ON
Courthouse Series 2020
Getting to
the Point
Effective written and oral advocacy is critical
to your success as a litigator. Attend
the 2020 Courthouse Series: Getting to the
Point, and learn practical strategies for clear
and concise written and oral advocacy.
London
February 27, 2020
Ottawa
February 27, 2020
Sudbury
March 4, 2020
Kingston
March 5, 2020
Windsor
March 5, 2020
Barrie
March 11, 2020
Milton
May 4, 2020
Kitchener
May 14, 2020
Kitchener
May 28, 2020
Hamilton
Date TBA
Thunder Bay
March 10, 2020
To learn more or register visit
www.advocates.ca
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Toronto Young Advocates’ Social
Wednesday, November 13, 2019 | Pravda Vodka Bar, Toronto, ON
Class Actions Bench & Bar Reception
Thursday, November 14, 2019 | The Advocates’ Society, Toronto, ON
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Santa Claus Parade Party
Sunday, November 17, 2019 | Campbell House Museum, Toronto, ON
President’s Festive Reception
Thursday, December 5, 2019 | The Advocates’ Society, Toronto, ON
TAS President, Scott Maidment, McMillan LLP
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www.advocates.ca