For the past twenty-two years, the Advocates’ Society Journal has played a unique role in legal education in Canada. As a publication dedicated to informing advocates, it has brought together the ideas of leading legal minds to provide experienced and insightful views on both advocacy and advocates. Indeed, the Journal has provided a veritable “how to” for the practice of advocacy before courts and tribunals.
The twenty-four articles in this volume provide a sampling of the wisdom, the insights, the experience, and the humour that readers have come to expect from the pages of the Journal. The collection includes pieces by past and present justices of the Supreme Court of Canada and the Ontario Court of Appeal as well as several eminent trial lawyers. It covers all aspects of the art of written and oral advocacy in both criminal and civil trials.
The book is dedicated to the late David Sgayias Q.C., former Chief General Counsel of the Federal Department of Justice, and an outstanding counsel, author, and legal scholar.
David Sgayias, Q.C.: An Appreciation – Justice W. Ian Binnie
The Importance of Advocacy – The Honourable John D. Arnup, Q.C.
The Many Faces of Advocacy – Justice John Sopinka
In Praise of Oral Advocacy – Justice W. Ian Binnie
The Argument of a Case at Trial – Justice Willian J. Anderson
The Conduct of a Non-jury Civil Trial – Justice Willian J. Anderson
Oral Advocacy in Matters Argued before Superior Court Judges – Justice Robert A. Blair
Advocacy in Jury Trials – John A. McLeish
Stranger in a Strange Land: Advocacy Before Administrative Tribunals – David Stockwood, Q.C.
Winning Strategies in the Civil Jury Process – Roger G. Oatley and Brennan Kahler
Appellate Advocacy – Justice John Sopinka
Appellate Advocacy – Justice Sydney L. Robins
Forget the Windup and Make the Pitch: Some Suggestions for Writing More Persuasive Factums – Justice John I. Laskin
What Persuades (or What’s Going On inside the Judge’s Mind) – Justice John I. Laskin
A Survivor’s Guide to Advocacy in the Supreme Court of Canada – Justice Ian Binni
Appellate Advocacy in an Abbreviated Setting – Justice George D. Finlayson
Advocacy in Jurisprudential Appeals – Justice Rosalie Silberman Abella
The Wrong Stuff: How to Lose Appeals in the Court of Appeal – Justice Marvin Catzman
The Wrong Stuff: Tip # 8 – Justice Marvin Catzman
Losing Tip # 9: Make your Factum Read Like War and Peace – Justice Marvin Catzman
Losing Tip # 10: When the Law Is Dead Against You – Justice Marvin Catzman
Losing Tip # 11: Distinguishing the Indistinguishable (and a Note on Alphabet Soup) – Justice Marvin Catzman
Losing Tip # 13: Never Discard a Hopeless Argument – Justice Marvin Catzman
Losing Tip #14: Openers and Closers – Justice Marvin Catzman