In this episode of Friends Who Argue, moderator Dominique Hussey reunites panelists Atrisha Lewis, Breanna Needham and Erin Durant who originally spoke at The Advocates’ Society 2019 Fall Convention panel on “Connecting to Achieve Change”. 

The panel discusses: 

• how connecting with their communities has impacted their lives – professionally and personally – since the 2019 panel; 
• the practices they implement to connect authentically with others; 
• practical tips for advocates interested in new ways of connecting; and
• trends in social media use in the legal profession. 

Dominique Hussey is Vice-Chair & Toronto Managing Partner at Bennett Jones, as well as Treasurer of The Advocates’ Society.  Dominique also leads the firm's Intellectual Property Litigation group and is co-head of its Innovation, Technology and Branding group.  

Atrisha Lewis is a Partner in McCarthy Tétrault’s Litigation Group in Toronto. Her litigation practice focuses on commercial disputes, professional liability litigation, and product liability matters. Atrisha represents clients in the financial services and technology sectors and has argued before all levels of Court. In 2019, Atrisha was elected as a Bencher of the Law Society of Ontario. 

Breanna Needham is an associate at DLA Piper (Canada) LLP in Toronto. She has a commercial litigation practice with a focus on civil fraud matters. Her practice often involves injunctions and extraordinary remedies, including obtaining Anton Piller (civil search), Mareva (asset freezing), and Norwich Pharmacal (third party disclosure) orders. 

Erin Durant founded Durant Barristers in Ottawa after practicing as a partner at a major Canadian law firm. Erin's practice includes personal injury/insurance matters, defending professionals in negligence claims and disciplinary complaints. A former competitive athlete and NCCP certified coach, Erin has a particular interest in sports disputes and administration.  She is the author of “It Burned Me All Down” a book on burnout and mental illness in Big Law and how to better support a high-performing workplace.  

Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples.  We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.

While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.

We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

In this episode of Friends Who Argue, Gowling WLG partner Erin Farrell interviews Sylvie Rodrigue and Sarah Whitmore of Torys LLP. Sylvie and Sarah recently represented decorated Canadian boxer, Mandy Bujold, in her fight to attend the Tokyo Olympic Summer Games (scheduled for 2020 and subsequently held in 2021) after a pandemic-driven rule change resulted in her potential disqualification as a result of a maternity leave. Erin Farrell also speaks with Mandy Bujold about her perspective on sport arbitration proceedings. 

Erin Farrell is a lawyer at the Gowling WLG Toronto office and chair of the firm's pro bono programs. Her practice focuses on a variety of commercial litigation matters, including class actions, product liability, and municipal liability. She is also an active member of The Advocates' Society, including serving on the 10+ Standing Committee, a committee dedicated to advancing the interests of mid-career advocates.

Sylvie Rodrigue, Ad. E.  is a partner at Torys who divides her time between the Toronto and Montreal offices. Sylvie leads Torys’ Class Action and Product Liability practices. Sylvie has a broad litigation practice and extensive experience defending class actions in all provinces across Canada both pre-certification and at trial. Sylvie has been involved in a wide range of multi-jurisdictional class actions. She has been awarded the designation of  Advocatus Emeritus by the Québec Bar, a distinction awarded to a limited number of lawyers to honour an outstanding legal career. Sylvie sits on the Board of Directors of The Advocates' Society. Most recently, Sylvie was named Litigator of the Year at the 2021 Canadian Law Awards.

Sarah Whitmore is also a partner at Torys and maintains an active disputes practice with an emphasis on class actions, employment law, commercial litigation, public law and constitutional litigation. Sarah is counsel to the defendants in a number of leading and precedent-setting employment national class actions. She also assists clients in resolving claims involving allegations of discrimination, sexual harassment and related allegations of wrongful and constructive dismissal. Sarah is also frequently involved in complex contract disputes, and in addition, maintains a robust defamation practice.


Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples.  We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.

While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.

We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

In this episode of Friends Who Argue, construction lawyer Web Haile speaks with the winner of the 2020 Eric Hoaken Excellence in Mentoring Award, Ranjan Agarwal. Ranjan is a partner and co-head of Bennett Jones' class actions practice who has achieved numerous accomplishments and accolades over the course of his career. Through the lens of his experiences, Ranjan shares lessons learned from Mr. Hoaken (a Bennett Jones colleague and mentor) and words of wisdom about wide-ranging topics such as mentorship, developing as a new lawyer, succeeding in practice as a racialized lawyer, setting priorities, and building a fulfilling career.    

The Eric Hoaken Excellence in Mentoring Award is granted to recipients in recognition of dedication to mentoring other advocates; generosity of time and expertise, with a commitment to assisting more junior advocates; commitment to The Advocates’ Society’s mentoring and educational programs; and professionalism in all aspects of his or her participation in the work of the Society, including mentoring and education programs.
 
 Ranjan Agarwal is a partner and co-head of the class actions practice at Bennett Jones. He is a seasoned advocate, having appeared before the Supreme Court on more than a dozen cases. A past president of the South Asian Bar Association of Toronto, Ranjan has held leadership roles in the Advocates' Society and has spoken at a number of the Advocates' Society's CPD programs, including programs regarding advocacy, business development, and at the Spring Symposium. Inline to become the president of the Ontario Bar Association in 2022, Mr. Agarwal will then be the first lawyer of South Asian descent to lead the OBA. Ranjan has also taught as an adjunct professor at the University of Toronto, where Web first met him. 

Web Haile is a construction and infrastructure lawyer practicing at Singleton Urquhart Reynolds Vogel LLP, in Toronto. She acts for construction project participants throughout the project life cycle, from drafting and advising on the negotiation of construction contracts to providing strategic dispute management advice and supporting clients during negotiation, mediation, litigation, or arbitration. 

As we begin another school year, Laura Gurr speaks to litigators Tamara Ramsey, Mark Flisfeder and Matt Huys about the challenges of maintaining a litigation practice as a parent - particularly during the COVID-19 pandemic - as well as tips and tricks for being productive while staying sane. We hope you find this candid conversation useful whether you are a litigator who is parenting or not.  

Laura Gurr is a partner with Cohen Highley LLP and is a member of its management team. Laura is part of the multi-residential housing group and her practice focuses on condominium law, acting for condominium corporations, property managers, and developers in a broad range of litigation, operational and governance matters. Laura’s practices also includes expropriations law, planning and zoning, property tax, and regulatory compliance issues. Laura is mom and step-mom to four children, ages 7 to 14.  https://cohenhighley.com/our-team/gurr-laura/  

Tamara Ramsey is a partner in Dale & Lessmann’s Litigation/Dispute Resolution Group. Tamara is a litigator with a diverse litigation practice, who focuses on corporate and commercial disputes, including trade-mark protection, contractual issues, shareholder disputes, estate disputes, complex torts, and termination of employment and consulting relationships. Tamara is mom to an 11-year-old son and stepmom to a 22-year-old stepdaughter.  https://www.dalelessmann.com/bio/tamara-ramsey

Mark Flisfeder is counsel in our Litigation Group in Toronto. His practice is dedicated to health law and the representation of physicians. Marc has represented clients before all levels of court in Ontario, including the Court of Appeal, as well as before administrative bodies and tribunals. Mark's daughter is eight years old.  https://www.mccarthy.ca/en/people/marc-flisfeder

Matt Huys is a partner with Osler LLP in Calgary, and a member of Osler's National Litigation Department and its energy (oil and gas), environmental, construction, and securities litigation teams. Matthew practices complex, high-stakes corporate litigation, with an emphasis on energy, construction, and securities disputes. Matt became a parent during the pandemic, and his son is now one.  https://www.osler.com/en/team/matthew-huys

Welcome to Season 2 of Friends Who Argue!

In our first episode of Season 2, litigators Cynthia Spry, Elisha Jamieson and Winston Gee discuss the Supreme Court of Canada's decisions in the "good faith" trilogy of recent decisions: David Matthews v. Ocean Nutrition Canada Limited (NS), 2020 SCC 26 ("Matthews"), C.M. Callow Inc. v. Zollinger, 2020 SCC 45 ("Callow"), and Wastech Services v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 ("Wastech"). These cases build upon and clarify the doctrine of good faith contractual performance derived from the Court's landmark judgment in Bhasin v. Hyrnew, 2014 SCC 71.

Cynthia Spry is a litigator and partner at Babin Bessner Spry LLP, where she practices in the areas of class actions, shareholder disputes (including claims for oppression remedies), fraud, contractual disputes, insolvency issues, securities, resource litigation, defamation and executive employment law.

Elisha C. Jamieson-Davies is a partner at Hicks Morley. She represents both public and private sector clients in a variety of industries, and in many types of litigation including employment disputes, long-term disability claims, commercial disputes, restrictive covenant enforcement, class actions, and judicial reviews/appeals.

Winston Gee is an associate at Torys LLP. Winston’s practice focuses on litigation and dispute resolution in a variety of areas, with an emphasis on public and regulatory law, class actions, Indigenous matters, contractual disputes, insurance law, and the energy and infrastructure sectors.  

In this episode of Friends Who Argue, Daniel Baum, Partner in the litigation group at the Montréal office of Langlois chats with Lillian Pan, Q.C., a Partner practicing commercial litigation in the Calgary office of Dentons, about practical tips and tricks for optimizing remote examinations. 

Daniel Baum is a litigator who acts on a variety of commercial and public law disputes, has experience before all levels of Quebec and federal courts (including the Supreme Court of Canada), who has taught written and oral advocacy at Université de Montréal’s Faculty of Law. 

Lillian Pan has over 30 years of experience in commercial litigation, and is a leading mentor, speaker and panelist who teaches trial advocacy at the University of Calgary. She is an Advocates Society Board Member and recently moderated Litigating from Home: Remote Examinations, a CPD program now available to members of The Advocates’ Society through the Free Member Resource Library here. 

Want to read more?  TAS’s Best Practices for Remote Hearings, drafted in partnership with the OBA, FOLA and OTLA, provide helpful guidelines for both virtual examinations and virtual hearings. Read the Best Practices (recently updated in Spring 2021), and see related resources, here.

Interview with Linda Rothstein, Trailblazer and Recipient of the 2021 Advocates’ Society Medal

This episode of Friends Who Argue features Michelle Alton, Tribunal General Counsel at the Workplace Safety and Insurance Appeals Tribunal in conversation with Linda Rothstein,  founding partner at litigation boutique Paliare Roland Rosenberg Rothstein LLP,  and Past President of The Advocates’ Society (TAS). Linda Rothstein is one of the leading counsel of her generation and her practice has evolved over her career to embrace important public and private law cases. In honour of her contributions to the profession and TAS, Linda has been named the recipient of the 2021 Advocates’ Society Medal which is the highest expression of esteem which the Society can convey to one of its members. 

This episode is the first in a series of interviews to celebrate women advocates being produced by the Women in Law working group, part of the 10+ Standing Committee at the Advocates' Society.

Linda Rothstein - https://www.paliareroland.com/lawyers/details/linda-rothstein

Join Jean-Simon Schoenholz of Norton Rose Fulbright Canada LLP as he speaks to Cate Martell (@catemartell) and Janani Shanmuganathan (@_JananiS) about R. v. Chouhan, a recent appeal regarding the constitutionality of abolishing peremptory challenges in jury selection heard by the Supreme Court Canada.

Cate Martell (www.martelldefence.com) acted as co-counsel with Jill Presser to intervene on behalf of The Advocates’ Society, and Janani Shanmuganathan, partner at Goddard & Shanmuganathan (www.gsllp.ca), intervened on behalf of the South Asian Bar Association of Toronto.

For more information about The Advocates' Society intervention in R. v. Chouhan go to https://www.advocates.ca/TAS/Advocacy_Pages/Advocacy_Pages/Select_Interventions.aspx 

In this episode of Friends Who Argue, hear about how business development has changed in response to the COVID-19 pandemic. Ian Breneman of Blakes chats with Gillian Hnatiw of Gillian Hnatiw & Co and Luisa Ritacca of Stockwoods LLP about how they have adapted their business development practices, and Reena Lalji, in-house counsel with BMO Financial, who shares her viewpoint from a client’s perspective. 

Members of The Advocates’ Society have complimentary access to the Business Development for Litigators CPD series through the new member resource library. Visit https://www.advocates.ca/ and log in to see all of the great, new resources available with TAS  membership. 

In Part 2 of this interview, released in honour of Black History Month, Natalia Rodriguez and Joshua Sealy-Harrington continue their important discussion on systemic racism looking at examples in recent jurisprudence, including;

• R. v. Kokopenace, 2015 SCC 28, in which the Court declined to consider the disproportionate effects of the jury roll system on racialized and marginalized Canadians
• Fraser v. Canada, a recent Supreme Court of Canada decision that provides some helpful language in addressing systemic barriers
• R. v. Chouhan, a Supreme Court of Canada decision on pre-emptory challenges
• They also discuss why there is so little s. 15 jurisprudence relating to race at the highest levels of our courts

Natalia Rodriguez https://conway.pro/natalia-rodriguez

Joshua Sealy-Harrington https://powerlaw.ca/teams/joshua-sealy-harrington/