Friends Who Argue

In this second episode of a 2-part podcast on inquisitorial proceedings, our expert TAS panel from across the country explains how they bring their own experience and perspective to their work on public inquiries and coroner’s inquests. In this episode, you will hear about these lawyers who found themselves practicing in this area and the challenges they have faced working in the spotlight while investigating sensitive issues of the utmost public concern.

Ludmila Herbst is a partner at Farris LLP in Vancouver. Ludmila is an experienced litigator and has acted for clients in corporate, commercial, regulatory and public law matters. Ludmila is the current Chair of The Advocates’ Society British Columbia Regional Advisory Committee.

Gillian Hnatiw is an accomplished litigator whose diverse practice encompasses administrative law, professional regulation and liability, health law, employment disputes, general commercial litigation, and appeals. Gillian is sought after as a speaker and writer, and regularly shares her experience and passion with communities across the country. She is frequently invited to speak at legal conferences and seminars, and regularly contributes to mainstream and industry publications.

Michelle Kelly is a partner in the Halifax office of Cox & Palmer and practices in the area of complex commercial litigation and insurance defence. Michelle advises her clients on contract disputes, property litigation, construction litigation, commercial claims, fraud, and breach of fiduciary duty claims. Michelle is the current Chair of The Advocates’ Society Atlantic Regional Advisory Committee.

John Mather is a partner at DMG Advocates in Toronto, practicing commercial and public litigation. He has acted in numerous domestic and international arbitrations, including in New York and Riyadh, Saudi Arabia. John is an active member of The Advocates Society’s Mid-Career Advocates’ Standing Committee (MASC).

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.

Public inquiries and coroner’s inquests are many things, but they are not trials. In this first episode of a 2-part podcast, TAS members from across the country share their perspectives on inquests and inquiries, how they function, what they achieve and how to be effective advocates in a non-adversarial process.

Ludmila Herbst is a partner at Farris LLP in Vancouver. Ludmila is an experienced litigator and has acted for clients in corporate, commercial, regulatory and public law matters. Ludmila is the current Chair of The Advocates’ Society British Columbia Regional Advisory Committee.

Gillian Hnatiw is an accomplished litigator whose diverse practice encompasses administrative law, professional regulation and liability, health law, employment disputes, general commercial litigation, and appeals. Gillian is sought after as a speaker and writer, and regularly shares her experience and passion with communities across the country. She is frequently invited to speak at legal conferences and seminars, and regularly contributes to mainstream and industry publications.

Michelle Kelly is a partner in the Halifax office of Cox & Palmer and practices in the area of complex commercial litigation and insurance defence. Michelle advises her clients on contract disputes, property litigation, construction litigation, commercial claims, fraud, and breach of fiduciary duty claims. Michelle is the current Chair of The Advocates’ Society Atlantic Regional Advisory Committee.

John Mather is a partner at DMG Advocates in Toronto, practicing commercial and public litigation. He has acted in numerous domestic and international arbitrations, including in New York and Riyadh, Saudi Arabia. John is an active member of The Advocates Society’s Mid-Career Advocates’ Standing Committee (MASC).

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.

The Mid-Career Advocates’ Standing Committee’s Speaker Series explores litigation scenarios that can be impacted by cryptocurrencies. Miranda Spence moderates the discussion with Madison Robins, Richard Niman and Jeff Newton, who share their experiences and insights into the what, when and how of dealing with crypto assets in litigation.

Miranda Spence is a partner at Aird & Berlis and is a member of the firm’s Litigation and Financial Services Groups. She maintains a broad litigation practice, with an emphasis on general commercial, restructuring and insolvency disputes. She appears regularly before the Ontario Superior Court of Justice, including the Commercial List and the Bankruptcy Court, and has appeared as counsel at all levels of the Ontario courts.

Madison Robins is an associate at Lenczner Slaght and has a broad commercial and civil litigation practice, with particular focus on shareholder disputes and oppression claims, contract issues, securities matters, insolvency, and professional liability. Madison regularly appears before all levels of court in Ontario, as well as administrative and arbitral tribunals.

Richard Niman is a founding partner at Niman Mamo LLP, a family law practice in Toronto, ON. Richard has conducted trials and appeals at all levels of court in Ontario and before several disciplinary tribunals. Richard has also conducted numerous family law arbitrations and mediations.

Jeff Newton is an Investment Manager and Legal Counsel at Omni Bridgeway, responsible for sourcing, evaluating, negotiating, and monitoring judgment enforcement matters through to resolution. He has experience representing parties in a wide range of complex commercial cases involving financial fraud, crypto, defaulted debt, technology, environmental, pharmaceutical, insurance and reinsurance matters. He has represented clients on the plaintiff and defense sides in civil and class action lawsuits and helped recover assets globally.

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, Michael Ding sits down for a conversation with Frank Walwyn, recipient of the 2022 Eric Hoaken Excellence in Mentoring Award. The pair discuss Frank’s career, what inspired him to become a litigation lawyer and Frank’s approach to mentoring. Drawing from experience, Frank gives invaluable advice to both those looking to be an impactful mentor and mentees seeking a meaningful mentoring relationship.

Frank Walwyn is a partner at WeirFoulds, practicing in Toronto, ON. He appears as counsel on complex multi-jurisdiction litigation matters, and his advocacy covers a wide range of matters including challenges to restraint orders made pursuant to criminal Mutual Legal Assistance Treaties, multi-jurisdictional corporate disputes often involving shareholder rights and directors duties, forensic investigations into fraud and corruption, reciprocal registering and recognition of judgments from Canada, the UK, the US and the Caribbean, and complex offshore trusts and estates litigation. Frank is an active member of The Advocates’ Society and is the 2022 recipient of The Eric Hoaken Excellence in Mentoring Award.

Michael Ding is an associate at WeirFoulds in Toronto, ON. Michael is a tax litigator. Prior to joining WeirFoulds, he practised as Counsel at the Department of Justice Canada, representing the Crown before the Tax Court of Canada, Federal Court of Canada, Ontario Superior Court of Justice and the Court of Appeal for Ontario. Michael has experience in advising on various tax and dispute resolution issues. He is a current member of The Advocates Society’s Young Advocates’ Standing Committee (YASC).

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, Kim Potter speaks with Yola Ventresca and Emily Lawrence about their experiences as managing partners of their respective law firms.  They discuss how Yola and Emily came to be appointed to those leadership roles, what they have learned, and how they would describe their management styles.  They also discuss the emergence of younger, female managing partners at several law firms and what accounts for this shift in law firm management.

Yola Ventresca is the managing partner at Lerners LLP, practicing in London Ontario. She is engaged in a diverse litigation-based practice. She is a member of the firm’s health law, class actions, commercial litigation and labour and employment practice groups. Yola is a former Chair of the Mid-Career Advocates’ Standing Committee (MASC) of The Advocates’ Society.

Emily Lawrence is the Managing Partner of Paliare Roland Rosenberg Rothstein LLP. She is an advocate with substantial expertise in professional regulation, pension litigation, employment and labour law, constitutional litigation, civil disputes, and privacy matters. Emily is a former Chair of the Mid-Career Advocates’ Standing Committee (MASC) of The Advocates’ Society.

Kim Potter is a partner at Fasken LLP.  Her practice focuses on complex commercial disputes and administrative law, with expertise in professional regulation.  She is a current member of The Advocates Society’s Mid-Career Advocates’ Standing Committee (MASC).

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, Webnesh Haile speaks with Neha Chugh, the 2022 recipient of The Advocates’ Society’s Catzman Award for Professionalism and Civility. Neha and Web discuss non-linear career paths, the line between zealous representation and incivility, practical tips for remaining civil, and the role of professionalism in fostering the administration of justice.
 
The Catzman Award recognizes the qualities exemplified by Justice Catzman throughout his distinguished career, including: 

• An exemplary knowledge of the law; 
• Integrity, fairness and civility; 
• Generosity of time and expertise, with a commitment to mentorship and/or legal education; and 
• Dedication to the highest ideals of the legal profession. 

Neha Chugh is a partner at Chugh Law, a firm based in Cornwall, Ontario which provides services in criminal law (including victim/witness representation), family law and child protection law. A graduate of Osgoode Hall Law School, Neha’s practice focuses on conducting effective trials and managing fair resolutions, with a specific focus on youth and adult mental health, litigation, and research. She has conducted a wide range of judge-alone and jury trials including break and enters, sexual assaults, assaults, mischiefs, drinking and driving, and cases in front of various tribunals in Ontario.

Webnesh Haile is a construction and infrastructure lawyer and the principal lawyer at Traction Legal, specializing in providing fractional in-house counsel and project shadowing services. Ranked since 2021 in Best Lawyers in Canada for Construction Law, Web previously practiced construction law with two of Canada's top national construction law firms. Web drafts and advises on the negotiation of standard form and bespoke construction contracts and provides legal support and represents clients engaged in dispute resolution, including negotiation, mediation, adjudication, litigation and arbitration.

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, Kristen Duerhammer speaks with Ewa Krajewska and Andrea Gonsalves about the implications of the Supreme Court of Canada’s decision in Sherman Estate v. Donovan, 2021 SCC 25. They discuss the constitutional foundations of the open court principle, the test for discretionary limits on court openness, and situations where court openness would pose a risk to privacy that rises to a public interest dimension of protecting human dignity. Andrea explains how the Supreme Court’s analysis differed from the Ontario Court of Appeal’s analysis and provides examples of subsequent decisions that applied the Supreme Court’s analysis. Ewa shares advice for litigators from her experience in representing one of the interveners at the Supreme Court in the Sherman Estate v. Donovan case.

Ewa Krajewska is a civil litigator and a partner at Henein Hutchison Robitaille LLP. Ewa represented the intervener the Income Security Advocacy Centre at the Supreme Court of Canada in the Sherman Estate appeal on how sealing orders affect those who are vulnerable. She practices in civil litigation, public and administrative law, appellate advocacy, and estates disputes. She is an active member of The Advocates’ Society and is a member of the Education and 10+ Standing Committees.

Andrea Gonsalves is a partner at Stockwoods LLP. Andrea’s extensive experience in litigation and dispute resolution spans a wide range, with a particular focus in civil and commercial litigation, defamation and media law, and administrative and regulatory law. She regularly represents clients in cases before all Ontario and Federal courts, as well as adjudicative tribunals.

Kristen Duerhammer is a partner at KPMG Law LLP,  in the areas of tax litigation and dispute resolution. She represents taxpayers before the Tax Court of Canada, appellate and other courts, advises taxpayers on communications with tax authorities, and provides legal risk assessments on potential transactions. Kristen is a member of the Young Advocates’ Standing Committee of The Advocates’ Society.

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, Chris Horkins sits down with his colleague  Kayla Smith, a TAS member committed to making a difference for aspiring young Black lawyers in Canada. They discuss Kayla’s involvement in various initiatives and tackling the “pipeline” issue for increasing diversity in the legal profession. They touch on the importance of representation, including the recent historic appointment of Chief Justice Michael H. Tulloch, Ontario’s first Black Chief Justice, and explore effective allyship and how lawyers and firms can support and be allies to their Black colleagues.

Kayla Smith is a litigation associate at Cassels Brock and Blackwell LLP in Toronto with a broad commercial litigation practice. Kayla was called to the bar in 2021 and received her JD from the University of Windsor, Faculty of Law, where she graduated as the Valedictorian of the Class of 2020. During law school, Kayla was an Executive Member of the Black Law Students’ Association of Canada. Kayla is an advocate for increasing access to legal education for Black students in Canada. She is the founder of the Lloyd Dean Moot, an oral advocacy competition geared to support undergraduate students with an interest in the law, and the JD Bridges Foundation, a non-profit aimed at providing financial support and mentorship to Black students in the law school application process.

Chris Horkins is a partner in the Litigation Group at Cassels Brock and Blackwell LLP. His broad commercial litigation practice includes expertise in franchise law, product liability, securities litigation, and class actions. Chris is a member of the 10+ Standing Committee of The Advocates’ Society. 

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.

From fall 2021 to early 2022, three members of the Young Advocates Standing Committee’s Future of the Profession working group, Brendan McArthur-Stevens, Sara McGregor, and Zac Thiffault, conducted a survey of young advocates asking what they hoped for and expected from their workplaces as people started to return to the office. The survey – The future of advocacy and work arrangements ‘post’-pandemic: Perspectives of young advocates – provides insight into what young advocates are looking for in respect of remote and on-site work, mental health, and mentorship. In this episode, Brendan, Sara, and Zac discuss the results of this survey.

The results of their survey can also be found here: https://www.advocates.ca/Upload/Files/PDF/Community_Events/YASC/The-Future-of-Advocacy-Post-Pandemic-Perspectives-of-Young-Advocates.pdf

Brendan Mcarthur-Stevens is an associate at Blakes in Calgary. He specializes in complex commercial disputes and advising clients in the areas of constitutional and administrative law. Brendan also teaches administration law at the University of Calgary Faculty of Law.

Sara McGregor is a senior associate at Borden Ladner Gervais. She lives and works in Toronto but began her career in Calgary. Sara is currently on maternity leave but she maintains a broad disputes practice with a focus on complex commercial and civil litigation matters involving private and public companies, as well as individuals.

Zac Thiffault is an in-house legal advisor with the Métis Nation of Ontario, a role which focuses on Indigenous governance and Aboriginal rights. Before working with the MNO, Zac practised at a small full-service firm in Midland, Ontario, primarily practicing in the areas of civil litigation and estate planning.

The interviewer, Karen Bernofsky, is an associate at Stockwoods LLP in Toronto. Karen’s practice encompasses a range of complex corporate commercial civil litigation, administrative law, and criminal law with a focus on complex civil fraud claims. Karen is currently a member of the Young Advocates Standing Committee.

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.

This episode features a conversation about private international law hosted by Gabriel Poliquin (Olthuis van Ert) with retired Supreme Court of Canada Justice Louis LeBel and Paul-Erik Veel (Lenczner Slaght). Marking the 10th anniversary of the foundational Supreme Court of Canada Club Resorts v Van Breda decision (written by the Honourable Louis Lebel on behalf of the Court) – which brought greater certainty to the question of when Canadian courts will assume civil jurisdiction, the guests discuss the positive nature of conflict of laws rules, the influence of civil law judges and the evolution of private international law in the internet age.

The Honourable Louis LeBel was appointed a justice of the Quebec Court of Appeal in 1984, and was appointed to the Supreme Court of Canada in 2000, retiring in 2014. He is now counsel at Langlois in Montreal and Quebec City. He received an honorary doctorate of laws degree from Laval University in 2001 and from the University of Ottawa in 2010, was awarded both the Medal of the Quebec City Bar and the Medal of the Quebec Bar, and was named a Companion of the Order of Canada in 2017. He has been an honorary member of the American College of Trial Lawyers since 2004. 

Paul-Erik Veel is a partner at Lenczner Slaght in Toronto, where he practices commercial litigation with a focus on class actions. He appears regularly before Courts across the country, including at the Supreme Court of Canada.  Paul-Erik is known for his groundbreaking use of legal data analytics to inform the practice of litigation, for which he was named one of the Top 25 Most Influential Lawyers of 2022 by Canadian Lawyer Magazine. In addition to his many activities, he also lectures in private international law at the University of Toronto. Paul-Erik clerked at the Supreme Court of Canada from 2009 to 2010 for the Honourable Louise Charron. 

Gabriel Poliquin is counsel at Olthuis van Ert based in Ottawa. He focuses his practice on all aspects of civil and commercial litigation but with a special focus on public law including proceedings against the Crown. Mr. Poliquin is a trained mediator and offers alternative dispute resolution services in civil and commercial matters. When not acting in public or commercial law matters, Gabriel teaches private international law as a lecturer at the University of Ottawa’s Faculty of Law. Gabriel clerked at the Supreme Court of Canada from 2010 to 2011 for the Honourable Louis LeBel.

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.