Advocacy-Matters-Spring-2022

ADVOCACY MATTERS
The Advocates’ Society
SPRING 2022

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CONTENTS
05
06
10
12
14
24
Chair Chat
Emily Lawrence, Paliare Roland Rosenberg Rothstein LLP
Cultural Competency, Implicit Bias, and the
Assessment of Credibility
Michelle Alton
Bold Moves in Uncertain Times:
10+ Advocates share their experiences of
making big career changes
Zoe Oxaal, Department of Justice
Word to the Wise: Moneyball for Legal Mentors
Megan Keenberg, Van Kralingen & Keenberg LLP
Art in our Offices
Tamara Ramsey, Dale & Lessmann LLP
Interview with Brian Duong,
Hunter Litigation Chambers
Compiled by Miranda Spence, Aird & Berlis LLP
Editor: Tamara Ramsey, Dale & Lessmann LLP
The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.
Advocacy Matters Editorial Team: Michelle Alton, Tribunal General Counsel, Daniel Baum, Langlois Avocats, Megan Keenberg, Van Kralingen &
Keenberg LLP, Ayesha Laldin, Department of Justice Canada, Ontario Regional Office, Zoe Oxaal, Department of Justice, Canada, Civil Litigation Section,
Miranda Spence, Aird & Berlis LLP, Christine Vanderschoot, Vanderschoot Family Law
3

CHOOSE FROM CANADA’S TOP
MEDIATORS AND ARBITRATORS
Carol A. Albert
J.D., LL.M. (ADR)
Retired Construction Lien Master, SCJ
Carol’s areas of expertise include
construction, landlord and tenant
and municipal law. She is
particularly qualified to case
manage civil actions, and to hear
motions and conduct arbitrations
and references under the
Construction Act.
Leslie Dizgun
M.A., LL.M., C.Med.
Leslie’s areas of expertise include
corporate/commercial, defamation,
wrongful dismissal, human rights,
condominium, franchise and real
estate disputes. He teaches Dispute
Settlement in the Civil Justice
System at Osgoode Hall Law School
and is a highly regarded speaker
and instructor.
2021-22
2021-22
READERS’
CHOICE
ADR & MEDIATION CHAMBERS
416.362.8555 • 1.800.856.5154 • booking@adr.ca • adrchambers.com

CHAIR CHAT
Chair Chat
Emily Lawrence,
Paliare Roland Rosenberg Rothstein LLP
As I write my final Chair Chat of my term as
Chair of the 10+ Committee, my neighbourhood
– where I am still working much of the time – is
bustling with the beginnings of Spring: the fresh
flowers budding, birds chirping, and the sounds
of construction. I am very proud of the work of
the 10+ Committee this year. We have focused
on bringing mid-career advocates from across the
country together for engaging discussions on the
themes of mentorship, running a successful law
firm, and numerous series on current events.
In my first Chair Chat last Summer, I approached
the re-emergence out of pandemic
lockdowns with optimism and some trepidation.
I called for this year to be a time to gather
and renew our connections. Looking back, it
feels this year has been filled with fits and starts
towards a return to pre-pandemic practices,
with a fair number of steps backwards along
the way. Over this year, both in our Committee’s
work and in my conversations with peers and
colleagues, it strikes me that the pandemic has
been a period of deep reflection for many – on
how we want to work and who we want to work
with, how we weigh the practice of law against
other pursuits and obligations, and how our
justice system serves (and too often, fails) those
who interact with it. Our recent session on Bold
Moves in Uncertain Times, summarized by Zoe
Oxaal in this edition, is one such example.
Seasons of reflection and transition bring the
opportunity for lasting structural change on
issues that have long needed overhaul. How
do we build inclusive communities, and retain
and elevate women and historically excluded
communities to leadership positions in our
workplaces, the bench, and the broader legal
community? How can we provide meaningful
mentorship across generational and other differences,
especially when many of us continue
to work from home part of the time? How can
advocates leverage their privileged position to
create positive social change? As we emerge
from lock-downs, home-schooling, and lawyering-from-home,
I hope that we will continue to
share our experiences, our insights, and most
importantly our blind spots and mistakes, as we
wrestle with these and other important issues.
I am very proud of the work of the 10+ Committee
this year and feel very privileged to have led
such a creative, insightful and engaged group.
I am also immensely grateful to my co-executive
members, incoming Chair Chloe Snider, incoming
Vice-Chair Steven Frankel and incoming
Secretary Sonu Dhanju-Dhillon. I know they are
ready for the challenge of maintaining and expanding
the offerings of the Committee in the
coming year. I look forward to seeing some of
you in-person at End of Term, and I wish you a
safe and restorative summer.
5

CULTURAL COMPETENCY
Cultural Competency,
Implicit Bias, and the
Assessment of Credibility
Michelle Alton
The assessment of a witness’s credibility is recognized as being particularly difficult. As our
understanding of what it means to be culturally competent develops, and the relationship between
implicit bias and decision-making is further explored, it will be necessary to re-examine
many foundational aspects of our justice system. This article provides a high-level discussion
of how the assessment of credibility may benefit from a more focused examination from a
culturally competent lens.
Cultural Competency and Implicit Bias
The term “cultural competency” is often used to refer to the skills, behaviours, attitudes, and knowledge
that enables professionals to deliver services that are appropriate to a diverse range of clients. 1
6

help break the link between implicit bias and
decision-making include:
• Providing training on implicit bias and cultural
competency to promote awareness of the
prevalence and impact of implicit biases;
• Altering decision-making conditions and
encouraging the use of scripts, checklists,
and other tools to encourage more deliberative
decision-making; and
• Requiring the provision of written reasons. 7
Historically, cultural competency training has
been outward focused, striving to increase an
individual’s understanding about different cultures
and teaching the best ways for this culturally
specific knowledge to be deployed. More recently,
cultural competency training has evolved
to focus on critical self-reflection, particularly
with respect to one’s own implicit biases. 2
There is a growing body of research that supports
a link between implicit bias and intuitive decision-making.
3 Although implicit bias is not necessarily
negative in every circumstance, 4 in the
specific context of judicial decision-making, intuition
has been identified as the “chief source” of
unwanted influences affecting decisions. 5 Intuitive
decision-making also risks decisions being made
without an assessment of all relevant information.
While studies have shown that everyone, even
judges, have implicit biases, research has also
illustrated that steps can be taken to reduce or
even eliminate the undesirable influence of intuition
on decision-making. 6
Some of the actions that have been shown to
Assessing Credibility in a
Culturally Competent Manner
Assessing a witness’s credibility is often described
as the most difficult task required of
a decision-maker, particularly when the testimony
of witnesses is diametrically opposed or
there are cultural aspects to consider. 8
The assessment of credibility has been recognized
to be a highly individualistic exercise
that is dependent on “intangibles”. 9 This is partly
why it can be difficult for judges to articulate
with precision the complex intermingling of
their impressions after listening to and watching
witnesses. 10 It is also these characteristics
that in part explain why appellate courts generally
defer to a trial judge’s credibility findings.
However, it is also these qualities that make the
assessment of credibility particularly vulnerable
to the influence of implicit biases.
Courts have stressed that any assessment of
credibility must avoid reliance on stereotypical
impressions. 11 Like other parts of decision-making,
the assessment of credibility can also be
improved by taking direct action to promote
deliberative decision-making.
Two aspects of the assessment of credibility that
could specifically benefit from a focused examination
from a culturally competent manner are:
• The assessment of the reasonableness or
plausibility of a witness’s testimony. Often,
the reasonableness of a witness’s testimony
is evaluated with reference to the perspective
of a “practical and informed person.” 12
However, as our understanding of implicit
7

iases develops, it is important to critically
assess the perspective being relied upon to
inform this evaluation, including any personal
assumptions or cultural factors which
might impact the assessment in a particular
situation. A focus on more deliberative decision-making,
including ensuring that all the
relevant information is obtained, can also
help lessen the impact of any unwanted influences
when evaluating plausibility.
• The role of demeanour evidence. A trial
judge’s findings on credibility are shown
deference at least in part because the trial
judge has the “overwhelming advantage”
of seeing and hearing witnesses. 13 However,
there is also a growing and consistent
appreciation of the potential unreliability
of demeanour evidence. Specifically, it has
been recognized that an assessment of
credibility based on demeanour can be affected
by several factors, including the culture
of the witness, stereotypical attitudes,
and the pressure and artificiality associated
with testifying in a courtroom. 14 In light
of these concerns, many decision-makers
have advised that demeanour evidence
should be approached cautiously. 15
As our understanding of implicit bias and its
impact on decision-making grows, it is likely time
to re-consider whether it is necessary to rely on
demeanour evidence at all when assessing credibility.
This assessment will require examination
of how decision-makers actually use demeanour
evidence in their decision-making, as well as consideration
of the potential implications of rejecting
reliance on this type of evidence.
The Role of Advocates
As the cultural competency of individuals within
the justice system evolves, all members of
the justice system will have important roles to
play to support the required response to these
changing societal norms and values. For advocates,
the issue of how to best assess credibility
in a culturally competent manner presents an
opportunity for opposing counsel to work together
to provide the court with the best information
available to consider these issues.
For a more in-depth look at this topic, please
see, Michelle Alton, “The Evolution of Impartiality
and the Need for Cultural Competency when Assessing
Credibility”, 35 Canadian Journal of Administrative
Law & Practice 51 (March 2022).
Notes
1. Pooja Parmar, “Reconciliation and Ethical Lawyering: Some
Thoughts on Cultural Competence,” (2019) 97-3 Canadian Bar
Review 526, 2019 CanLIIDocs 3803.
2. Jowsey, T., “Three zones of cultural competency: surface competency,
bias twilight, and the confronting midnight zone,” (2019)
19 BMC Medical Education 306.
3. See for example, Wistrich, Andrew J. and Rachlinski, Jeffrey John,
Implicit Bias in Judicial Decision Making How It Affects Judgment
and What Judges Can Do About It, Chapter 5 in Sarah E.
Redfield, ed., Enhancing Justice: Reducing Bias (Chicago, Illinois:
ABA Book Publishing, 2017) [Wistrich and Rachlinski]. Intuitive
decision-making operates outside of conscious awareness
and involves relying upon one’s first instinct, producing rapid,
effortless, and confident judgments. In contrast, deliberative
decision-making is of a higher order and is slower and more
conscious – see Wistrich and Rachlinski, at p. 90.
4. See Anona Su, “A Proposal to Properly Address Implicit Bias in the
Jury”, (2020) 31 Hastings Women’s L.J. 79 at p. 81.
5. Wistrich and Rachlinski at pp. 91. See also Melissa L. Breger,
“Making the Invisible Visible: Exploring Implicit Bias, Judicial Diversity,
and the Bench Trial”, 53 University of Richmond Law
Review 1039 [Breger] at p. 1055.
6. See for example, Wistrich and Rachlinski.
7. Wistrich and Rachlinski at pp. 105 – 119; Breger at p. 1057;
David L. Faigman, Jerry Kang, Mark W. Bennett, Devon W.
Carbado, Pamela Casey, Nilanjana Dasgupta, Rachel D. Godsil,
Anthony G. Greenwarld, Justin D. Levinson, and Jennifer
Mnookin, “Implicit Bias in the Courtroom”, (2012) 59 UCLA L.
Rev. 1124 at p. 1132.
8. R. v. S. (R.D.), 1997 CanLII 324 (SCC) at para. 128 and Shaath v.
Zarifa, 2005 CanLII 25185 (ON SC) at para. 2 and.
9. R. v. S. (R.D.), at para. 128.
10. R. v. Gagnon, 2006 SCC 17 at para. 20, positively quoted in R. v.
G.F., 2021 SCC 20 at para. 81.
11. R. v. Khan, 2019 ONSC 7397 (CanLII) at para. 44.
12. Faryna v. Chorny, 1951 CanLII 252 (BC CA) at p. 357.
13. R. v. N.S., 2012 SCC 72, at para. 25, referencing Housen v. Nikolaisen,
2002 SCC 33, [2002] 2 S.C.R. 235, at para. 24. See also
White v. The King, 1947 CanLII 1 (SCC), at p. 272 and R. v. W. (R.),
1992 CanLII 56 (SCC) at p. 131.
14. R. v. Rhavel, 2015 ONCA 377 (CanLII) at para. 85. See also R. v.
McDougall, 2009 CMAC 2 (CanLII) at para. 44 and R. v. Ramos,
2020 MBCA 111 at paras. 112 and 158.
15. For example, see R. v. Hemsworth, 2016 ONCA 85 CanLII at para. 45.
8

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EVENT REPORT
Bold Moves in
Uncertain Times:
10+ Advocates share their
experiences of making big
career changes
Zoe Oxaal, Department of Justice
10

The 10+ Standing Committee’s Speaker Series
returned with a look at Bold Moves in Uncertain
Times. Three mid-career lawyers, who have each
made bold career moves during the pandemic,
gave candid and up-close insights into the challenges
and rewards of making those changes.
Faren Bogach and Joelle D. Ruskin both left
partnerships at big firms and took the plunge
to open their own firms. Faren launched
Construct Legal, a firm that focuses on legal
advice for construction and infrastructure projects.
The new firm gave her the opportunity
to do business differently, from profit sharing
with associates to “maximum billable hours”
targets. Joelle founded JJ Integrative Family
Law, transforming the environment in which
her family law clients are received in times of
personal crisis, and integrating client mental
health support into her practice.
Jason W.J. Woycheshyn made a bold geographical
move leaving Bay Street for the Atlantic
region to join Stewart McKelvey as a Halifax
partner. His growing family and the desire
to be nearer to close relatives motivated the
change. Professionally, exposure to an entirely
different legal market has proven to be extremely
rewarding.
All three panelists shared advice on managing
the stresses and fears of leaving a well-established
practice to forge a new path. The importance
of preserving relationships with former
colleagues and the feeling of divided loyalties
during the transition was a common theme. “It’ll
never be the perfect time,” recalled Faren, “you
just have to jump”.
Chloe Snider of Dentons Canada moderated
the event and shared these closing words, “Our
panelists reminded us to seek help when we
need it and to believe in ourselves, whether or
not we are looking to make a big move.”
11

MENTORING
Word to the Wise:
Moneyball for Legal Mentors
Megan Keenberg, Van Kralingen & Keenberg LLP
In Moneyball: The Art of Winning an Unfair Game, author Michael Lewis exposed the flawed metrics
of predicting success and assessing player value in Major League Baseball. The central premise of
the book is that the traditional wisdom of baseball insiders was outdated and subjective. A deeper
dive into game statistics revealed differential indicators of success that were largely ignored or
overlooked. The identification of these indicators allowed Billy Beane and the Oakland Athletics to
recruit and foster the talent of undervalued players to gain a competitive advantage. One of those
12

players was Jim Mecir. Mecir walked with a limp.
He was born with a club foot resulting in asymmetry
in the length and strength of his legs. His
unique physique gave him an unconventional
pitching motion that he credits with making his
screwball pitches harder for batters to hit. In
short, the traits that made Mecir a great pitcher
were precisely those that led others to underestimate
his value in professional athletics.
I’ve been thinking about how we as mentors
in the legal profession can apply a Moneyball
lens to reframe the assessment of our
mentees’ skills and traits. Conventional legal
mentoring operates under a conformity-based
apprentice model. In a conformity-based framework,
the things that make us stand out are
often the things that invite criticism and corrective
action. Applying a Moneyball lens, we
might see that the very traits that we identify
for corrective action in our mentees might
just be their superpowers.
Every trait and pattern of conduct has a flip
side that can be viewed as either a strength or
a weakness: tenacious is just another word for
stubborn; “prickly” is another way to say principled.
Consider how that flipside might be mined
for undervalued superpowers in your mentees.
That associate who barely reaches target
hours? Maybe she just works faster than everyone
else. Look at her output, and if it’s comparable
to others with higher billable hours, put her
on fixed fee files to optimize the value of her
speed. The associate who procrastinates and
hands things in at the last minute? She probably
performs admirably under pressure. Help
her find other ways to keep the pressure on as
a motivator without compromising the team’s
time management (e.g., schedule hard internal
deadlines well before the filing deadline). Try to
pinpoint the hidden value in every “flaw” before
you prescribe corrective action – you just might
find a latent superpower in need of fostering.
13

TAS MEMBERS
Art in our Offices
Tamara Ramsey, Dale & Lessmann LLP
Introduction
Art has always been important. Art connects us to the world around us and inspires us in different
ways. While many of us curated our spaces long before COVID-19, being locked out of our offices
and forced onto Zoom prompted us to reflect even more about the space around us. We want our
offices, both at home and in our workplaces, to be spaces where we are happy to work. If possible,
we also want offices to look presentable as digital backgrounds. I personally swapped a piece of
art and a coat rack for the sake of my digital background.
It is a privilege to be able to collect art and hang it in our offices. When we let people into our
office to see our art, we are also sharing something about ourselves, so we thought it would be
fun to ask TAS members to share pictures of art from their offices and to tell us something about
those pieces and what they mean to them
14

Jessyca Greenwood, Greenwood Defence Law
The whimsical world of Anna Valdez is vibrant, detailed
and beautiful. Her art provides inspiration and brings a
piece of California sun to my workspace daily. This piece,
Natural Curiosities, showcases Anna’s technical skills
and has all of the elements we know and love in her
work. My favourite element is the sketch of the painting
within the painting, a small detail not to be missed.
Megan Keenberg,
Van Kralingen & Keenberg LLP
“Honest Abe” by Antony Zito,
New York City, c. 2007. Antony
Zito is a New York artist
and cultural icon. We became
close friends when I lived there
and remain so today. I’ve nicknamed
the piece “Discourage
Litigation” as a hat tip to Lincoln’s
famous quote, and a
cheeky nod to my dual identity
as a Commercial Litigator and
Arbitrator/ Mediator.
15

16
Elizabeth Dipchand, Dipchand LLP
Creativity, inspiration and people is what we had in mind when we designed
our space because the effect of our environment has such a profound
impact on our wellbeing and facilitates excellence. Life is too short to be
surrounded by industrial carpet and beige walls.

Andrew Winton,
Lax O’Sullivan Lisus Gottlieb LLP
Among other things, Tom Chitty
draws portraits of people’s houses. I
commissioned him to draw our family’s
first house a few years before we tore
it down and replaced it with something
new (construction during COVID – that’s
another story)! Two of my three boys
were born in this house. When I look
at this drawing, it reminds me of when
my three boys were much younger and
always out on the driveway playing one
sport or another.
17

Deborah E. Palter,
Thornton Grout Finnigan LLP
“The Argument” by P.H. Palter, Cornwall,
ON, c. early 1970s. The artist is my father
who painted this abstract during a turbulent
period and who instilled in me a passion for
advocacy. It reminds me of the need to fight
for the things that matter, but to remain
careful about when and how.
Sana Halwani, Lenczner Slaght
Commemorative stamps celebrating
the photographer Yousuf Karsh (a
gift from my father). Karsh came to
Canada as a refugee and survivor of
the Armenian genocide. The sheet
features his 1956 portrait of Audrey
Hepburn, his 1941 portrait of Winston
Churchill, and a self-portrait.
18

Karey Brooks, JFK Law
This piece was a commissioned gift. It
lifts my mood every time I look at it. The
talented artist is Rande Cook from Kwakwaka’wakw
in Alert Bay. You can find
more of his amazing work at Fazakas
Gallery and his online shop Leaf Modern.
19

20
Christine Vanderschoot, Vanderschoot Family Law
Gail Hill’s artwork is unique. She combines photography and painting, as
well as her personal wordsmithing. This piece is very personal to me, as
it acts as a mark for me during my career. I first saw the piece hanging in
George restaurant, when I was a “baby lawyer”. Fast forward a few years,
and I was able to join the Verity club affiliated with George. I quickly met
Gail, and we became friends. Gail agreed to create for me a version of
the piece I had admired for years at George. It now hangs in my office,
where I can appreciate it every day.

Jeff Feiner, Corman Feiner LLP
Map of Toronto from 1872 and original seat
back from Massey Hall. I love my hometown
of Toronto. I collect all things Toronto, including
old books about the city. It is a privilege to
be able to live and work here. The art reminds
me that I’m a part of life here, like many others
who came before me.
Jennifer Hunter, Lerners LLP
“Double Fist” and “Sanity is a Cozy
Lie” by Formento + Formento,
a husband and wife team. She
styles and art directs, he lights
and photographs. These are
from a series called Circumstance
(2008-2010), during which they
took a 1 year road trip from New
York to Los Angeles and back,
photographing women they met
along the way. I’ve had them
hanging in my office for more
than 10 years and the expressions
on her face still get me.
21

22
Tamara Ramsey, Dale & Lessmann LLP
The “Power Explodes from Within” by
Marianne Enhörning is one of the first art
pieces I bought for my office. Through a
series of fortunate events, I was able to hang
a gorgeous abstract Tom McNeely painting
in my office. Both pieces bring me joy and
remind me of lessons I learned as a dance
student to simply “be me”.

#TASProud
Congratulations to the TAS leaders appointed to the bench
in 2021/22 to serve the justice system after going above
and beyond to serve our members and the work of TAS.
The Hon. Justice Mahmud Jamal, former TAS Director,
appointed to the Supreme Court of Canada.
The Hon. Justice Lorena K. Harris, former member of the
Alberta Regional Advisory Committee, appointed as a Judge
to the Court of Queen’s Bench of Alberta.
The Hon. Justice Jill R. Presser, former TAS intervention
counsel, appointed as a Judge of the Superior Court of
Justice of Ontario.
The Hon. Justice Colin C.J. Feasby, former member of the
Alberta Regional Advisory Committee, appointed as a Judge
to the Court of Queen’s Bench of Alberta.
The Hon. Justice Jacqueline D. Hughes, former member of
the British Columbia Regional Advisory Committee, appointed
as a Judge to the Supreme Court of British Columbia.
The Hon. Andres C. Garin, former Vice-Chair of the Quebec
Regional Advisory Committee, appointed as a Judge to the
Quebec Superior Court
The Hon. Peter J. Osborne, former TAS Director and Chair
of the Modern Advocacy Task Force, appointed as a Judge of
the Superior Court of Justice of Ontario.
The Hon. Robert Centa, longtime TAS skills instructor and
mentor, appointed as a Judge of the Superior Court of
Justice of Ontario.

INTERVIEW
Interview with Brian Duong,
Hunter Litigation Chambers
Compiled by Miranda Spence, Aird & Berlis LLP
Brian Duong maintains a generalist practice in civil and administrative litigation at Hunter
Litigation Chambers in Vancouver.
24

Q. Tell us a little about your practice. What does a typical week look like for you?
A. There is no “typical” week in terms of the kind of work with a generalist litigation practice, which
can be both terrifying and exhilarating. My practice has taken me through a broad range of matters,
including contract and shareholder disputes, property issues (including expropriations and
certificates of pending litigation), franchise litigation, wrongful dismissal claims, municipal bylaw
enforcement, and freedom of information requests. The only real constant is a trip to Starbucks
around 2pm with my colleague Aubin Calvert.
Q. You have had a unique career path. Can you tell us about it?
A. I was recruited as a 3L to Ropes & Gray in Boston for their summer pre-clerk program, before
clerking at the B.C. Court of Appeal. I returned as a litigation associate in 2010. After that, I did
an LLM at Cambridge in International Law from 2012-2013, followed by a Juriste/Associate position
in the International Arbitration Group at Freshfields in Paris. My wife and I lived in Paris
for two years, and our first son was born there. We returned to Vancouver in 2016 to be closer
to family (see: childcare). Upon our move to Vancouver I happily returned to Hunter Litigation
Chambers, where I had articled when my start date in Boston was deferred due to the financial
crisis, and who had graciously allowed me to use their office for independent research before
heading to Cambridge.
Q. What has been your most challenging experience as a lawyer? What did you learn from it?
A. My most challenging experience was transitioning back to practice in Vancouver after so many
years abroad. I certainly felt like I had a lot of catching up to do compared to my peers of the
same vintage. Within the first month, I was thrown into a time sensitive, highly charged property
dispute that had me in the office day and night. During this period, I admittedly had some second
thoughts about whether private practice was the right situation for me. However, it turned out to
be a blessing: I don’t think I’ve ever learned so much about the practice of law in such a short period
of time (approximately 9 months), including with respect to civil procedure, chambers
practice, contract review and issue spotting, effective advocacy and stress management.
And for that I have Ken McEwan, QC to thank.
25

Q. Have you faced discrimination as a racialized lawyer? Do you have any advice for younger
lawyers in this regard?
A. No, I cannot say that I have, certainly not any blatant form of discrimination. That is not to say
that there haven’t been incidents that have given me pause, but it would be tough to pin them
on racial discrimination as opposed to other possible reasons. With respect to stories of discrimination,
stereotyping and bias experienced by members of the Pan-Asian community, I would
encourage all lawyers to watch, and reflect upon, the documentary “But I Look Like a Lawyer” produced
by the BC Chapter of the Federation of Asian Canadian Lawyers (FACL BC): https://faclbc.ca/
documentary. To younger lawyers, I would encourage them to be vigilant and to speak out about
incidents of racial discrimination. In the alternative, to the extent confrontation is not a feasible
course of action, I would encourage younger lawyers to make use of the resources available from
your respective Law Societies. In BC, lawyers can reach out to the Equity Ombudsperson with
respect to concerns about discrimination and discriminatory harassment, and who will receive
inquiries, provide information and discuss options, including possible mediation by consent.
Q. How has the pandemic impacted your practice, positively or negatively?
A. The pandemic has coincided with a progression and expansion of my practice. I made Partner
during the front end of the lockdown, and then found myself largely occupied by the Cullen Inquiry
on Money Laundering, whose hearings were held entirely remotely. The pandemic has forced
me to become more comfortable with both the idea and execution of remote work and remote
hearings. With that all said, I am welcoming (perhaps more so than most others) the transition
back to in-person work. I still firmly believe there is so much more to be gained from working in
the same physical space as your colleagues in terms of work satisfaction, generating ideas, and
building a strong firm culture that remote work can never replace, as nice as it is to roll out of bed
and move to the laptop still in pyjamas.
Q. Most proud moment as a
litigator?
A. If we count law school, I had
the honour of doing the Grand
Moot at the University of Toronto,
with my mom in attendance.
Q. Most embarrassing moment as a litigator?
A. At the cocktail reception after the Grand Moot, my
mom approached Chief Justice Winkler and asked
him why he was so mean to her son. She has not, to
date, come to any of my court appearances.
26

Q. Your key to staying healthy
in a stressful profession?
A. Exercise and
meditation/prayer.
Q. Other than files, name 3 things that are always
on your desk
A. Fountain pens, a notebook, and something my kids
have made for me and insisted that I bring to work.
Q. Favourite vacation spot?
A. I like to go back to the familiar, so Paris and
Boston where I used to live and work.
Q. A food you can’t stand?
A. I had the unfortunate experience
in my youth of mistaking
wasabi for green tea ice cream,
and now I can’t stand even a hint
of wasabi in my food.
Q. Your best advice for young
litigators just starting out?
A. Never underestimate the
power of sitting yourself down
in a colleague’s office to bounce
ideas, vent, celebrate victories or
reflect on setbacks.
27

The Advocates’ Society Annual Gala
April 28, 2022 | Calgary
28
Oliver Ho of Jensen Shawa
Solomon Duguid Hawkes LLP
receives the 2020 Alberta
Excellence in Mentoring Award.
Presented by Melissa Burkett.
Mike Donaldson of Lawson
Lundell LLP receives the
2022 Alberta Excellence in
Mentoring Award. Presented
by Melissa Burkett.
Master of Ceremonies Doug McGillivray,
Burnet, Duckworth & Palmer LLP

Keynote Speaker: The Honourable Marshall Rothstein, CC QC, Osler, Hoskin & Harcourt LLP
29

Insolvency Group Social
May 17, 2022 | Toronto
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James Stevenson
TYPE ITEM STAFF MODIFIED
Applicant
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Correspondence
James Stevenson
JS
9:36 AM
Matter type
Property Division
Sally Penfold and Paul Penfold Property..
jharris@email.com
JS
9:32 AM
Respondent
Mr Paul Penfold
Financial Statement
James Stevenson
JS
Apr 2, 2020
Respondent's lawyer
Harris & Jacobs Solicitors
Your Settlement/Property Affairs
jharris@email.com
JS
Mar 29, 2021
Mr Joshua Harris
Trust Statement
JS
Mar 29, 2021
Client correspondence
181 University Ave, Toronto, ON M5H 3M7
Critical fam law details
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James Stevenson
JS
JS
Mar 28, 2021
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THE ADVOCATES’ SOCIETY
2022 END OF TERM DINNER
Thursday, June 23, 2022 | Royal York Hotel | Toronto
Keynote Speaker:
The Hon. Justice Mahmud Jamal,
Supreme Court of Canada
The Advocates' Society is proud to have The Honourable Justice
Mahmud Jamal present the Keynote Address for this event.
Justice Mahmud Jamal was appointed to the Supreme Court of
Canada on July 1, 2021 after serving on the Ontario Court of Appeal
from 2019 to 2021. As a lawyer, Justice Jamal practised in the fields
of appellate litigation, constitutional and public law, class actions,
and commercial litigation. He appeared before the Supreme Court
in civil, constitutional, criminal, and regulatory cases, including
cases involving Quebec civil law. He also appeared before the
courts of seven provinces, the Federal Court, the Federal Court of
Appeal, the Tax Court of Canada, and various federal and provincial
administrative tribunals. He received an undergraduate degree from the University of Toronto and law
degrees from the Faculty of Law of McGill University and Yale Law School. He served as a law clerk
to Justice Melvin L. Rothman of the Quebec Court of Appeal and Justice Charles D. Gonthier of the
Supreme Court of Canada.
A limited number of tickets are still available in the satellite Ballroom at the Royal York Hotel.
Deadline June 9 to book.
Generously Sponsored by:
Cocktail Reception Sponsor
Dinner Wine Sponsor
After-Party Sponsors
Supporter

32
www.advocates.ca