Advocacy-Matters-Winter-2024

CHOOSE FROM CANADA’S TOP
MEDIATORS AND ARBITRATORS
CHAIR CHAT
Chair Chat
Steve Frankel (he/him), Davies Ward Phillips &
Vineberg LLP
John A. Campion
In his more than 50 years of
arbitration, mediation and litigation
across Canada and internationally,
John has developed recognized
expertise in public law and private
law. John has experience resolving
disputes related to commercial,
securities, governance, energy, family
enterprise, class actions, real estate,
public issues, corporate, estates,
human rights and government issues.
Barry H. Bresner
Barry is an arbitrator, mediator and
investigator with over 40 years of
experience handling complex
commercial matters. He has
expertise in disputes related to
shareholder/partnership, contract
interpretation, environmental
liability, commercial insurance and
reinsurance, and franchising. Barry
is a Fellow of the Chartered
Institute of Arbitrators.
As I sit here writing this, approximately 150
mid-career advocates who are 10 to 20 years
out from their call to the bar are about to gather
together in Ottawa for our first-ever Winter
Summit. It is going to be an outstanding event,
and I have no doubt that that we will have a lot
to say about it in the next edition of Advocacy
Matters.
In preparing for the conference, it dawned on
me just how significant our cohort of not-quiteyoung
advocates is—not only to the future of
our profession but to its present. I may still like
to think of myself and my peers as young (even
though I just turned 40 and have my fair share
of grey hair, which I blame my children for), but
the reality is that we are already leaders within
the litigation bar. We act as lead counsel in
headline-making matters, department heads
within our firms, owners of our own firms and
leaders and important contributors to TAS. We
have a fair amount of influence in shaping the
justice system, and we should realize it and exercise
it.
In that regard, the civil justice system in Ontario
is at a major, once-in-a-generation crossroads.
The Government of Ontario has just announced
that it is conducting a full review of
the Rules of Civil Procedure as part of a plan
to modernize the administration of justice in
this province. This is not just a matter of minor
adjustments to a select handful of rules. Significant
reforms to fundamental elements of civil
litigation may be on the table.
As key participants in the civil justice system—now
and for the next 20 to 30 years—it is
imperative that we weigh in. We all know that
the civil justice system is plagued by delay; if
you have not already done so, read Delay No
Longer. The Time to Act is Now. And you should
also read this issue of Advocacy Matters, which
includes Part 1 of a two-part series from Joe
Thorne and Jeff Van Bakel on advancing cases
in the face of serious delay.
If we want to make changes to the way that
civil litigation works in order to improve access
to efficient and timely justice for our clients, we
need to say so. The Committee that is overseeing
the review process wants to hear from us.
So whether you think that the way we approach
pleadings should be overhauled, or discovery
rights and obligations need to be modified,
or motions practice needs to be re-evaluated,
or the simplified procedure threshold should
be increased—I encourage you to make your
voice heard. I expect that you will hear a lot
more from the Mid-career Advocates Standing
Committee on this incredibly important initiative
later this year and 2025.
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