'Twas the Motion before Christmas

I received an assignment to prepare materials for an Undertakings motion and set the oral argument for before the new year. I was in contact with the scheduling office for the first week of December trying to set a date. The court was closed from December 25th until the new year, which made the beginning of December even busier for the scheduling office.

"Just my luck... December 24th was the only free date available
for oral argument before the new year."

Tip 1: During the holiday season, book your motion date early.

It was a 10-minute walk from our office to the Toronto Civil Motions Court, where the Toronto Superior Court motions take place. The streets were almost empty as if the city had been evacuated and I didn’t get the memo. I arrived at the court 20 minutes early and verified that our matter was on the list. I entered the courtroom, signed in, and sat in the back row to review the written motion.

Tip 2: Arrive early in case your matter is not on the list.

At exactly 10:00 AM, we heard a knock on the door. The clerk opened the door and everyone in the room stood up. The Master entered the courtroom. Everyone bowed to the Master. The Master sat down. Then, everyone else in the courtroom sat down. The clerk said, “court is now session”. I suddenly felt butterflies in my stomach… I guess you could call it motion sickness.

Our matter was 6th on the list, which meant that I had the opportunity to observe other matters being heard before mine and learn what the Master’s “style” was. The first matter was argued by an articling student. The Master asked him what Rule he was relying on from the Rules of Civil Procedure. The articling student had it memorized, which gave the Master a big smile, and he chuckled. The Master said he was testing him because he’s an articling student.

Tip 3: Know your Rules of Civil Procedure.

Knowing that the Master could test me on my Rules, I quickly double-checked the Rules that I was relying on for the motion that I was arguing.

Tip 4: Watch the matters before you to see the types of questions the Master may ask.

The Master called for our matter. I stood up and went up to the podium. There was something thrilling about standing behind the podium, prepared to defend my case and be challenged about it. It also felt familiar and comfortable. Perhaps my law school mooting experiences actually help me in real life. Shocker. I stood waiting for the Master to finish writing from the prior matter. Then, he looked up at me. It was my turn.

During my motion preparation, I drafted a script that outlined my argument, making sure I brought up the relevant facts. However, I ended up making my submissions without looking at my script because I was asked questions by the Master. Since I had reviewed the written motion a number of times, I was able to quickly come up with a counter-argument.

Tip 4: Know your material.

After I requested costs, the Master took about one minute to write the endorsement. That one minute felt like twenty! Then, he signed our Order. We got what we needed. A Christmas miracle, indeed.

Arguing your first motion may seem daunting at first, but it can be an exciting and enjoyable experience. The key is preparation. Since my first motion, I’ve argued four more motions and have felt more comfortable and excited to attend every time. The motion records have become quicker to draft, it’s almost second nature. Having argued a motion, I appreciate the significance of what I’m including. I look forward to the motions that the future will bring for me… but hopefully not on Christmas Eve.

by Anisha B.

Students' Holiday Traditions

While articling at McCague Borlack is certainly busy, all of the articling students look forward to taking some time to celebrate the holiday season. With the holidays on the horizon, I decided to ask my fellow articling students about their favourite holiday traditions.

Navid
Christmas is my favourite holiday. My family and I try our best to celebrate Christmas together every year. My family usually hosts a Christmas Eve dinner for close friends and relatives. On Christmas Day, my sister makes the family delicious omelettes for breakfast. Afterwards, my family drinks peppermint hot chocolate while opening their gifts.

Michael
Every boxing day, my family and friends have a father-son hockey game and go out for a post-game lunch.

Leona
Every year around this time, my friends and I go on a “first run of the season” snowboarding trip as soon as the first fresh snow comes in.

Christine
Every year, I spend the holidays with my family in a different city.

Bogdan
At Christmastime, my family and I make pork sausages together from scratch.

Aryeh
Every year my extended family gathers, on both my maternal side and paternal side, for a Channuka party. We light the menorah together while reciting the appropriate blessings. We then sing traditional songs and eat traditional foods. It is customary on Channuka to partake in food that has been fried in oil, as oil was a central part of the story of Channuka. Therefore, my aunts and cousins bring their homemade latkes and various other delicacies. We then exchange gifts amongst each other, with the typical gift being a small amount of money known as “Channuka gelt.” Between the food and the gifts, it is no wonder that it is one of my favourite times of the year!

Carol-Anne (the blog author)
Every Christmas Eve, my family has a Christmas movie marathon and my mom and I bake Christmas cookies. On Christmas morning, we open our stockings, have scones and mimosas for breakfast, and then open up the rest of our gifts.  

Happy holidays from the MB articling students!

A Few of My Favourite Things… Holiday Wish List

It doesn't show signs of stopping, so I've brought some ideas for shoppin’. And since we've no place to go, let it snow, let it snow, let it snow.

The weather outside is indeed frightful, so I have had to master the PATH for getting place to place. While this subterranean labyrinth at one time terrified me, it has now become my refuge from the ice-wind tunnels that blast between the skyscrapers.

Frost bitten cheeks aside, I have to say, this is  one of my favourite times of year! Not only are all the Bay Street lobbies rivaling each other with festive trees and holiday garlands, MBers are even adding a personal touch to their workspaces! And mastering the PATH has given me great ideas for this week’s blog: gift ideas for favourite current or future articling students!

Articling students at this time of year might be too busy to properly clothe themselves, scrimping to pay off those law school loans, or even saving up to buy presents for the people who helped them get to where they are today. So, it may be nice to give or get something a little special that will be equal in panache and practicality. To help you buy for a friend or create your own list, the following is some of my favourite things:

To help you buy for a friend or create your own list, the following is a few of my favourite things...

1. Tote with Wheels – great for weekend trips, commutes to various courts in the city and province, and when you need to take a little work home.

2. Stylish Flats – let’s face it, running shoes paired with suit or dress just isn’t going to cut it. But running to court or around the office in a pair of heels is a liability, and articling students need to stay in tip-top shape for six more months!

3. Gym Membership or Gift Certificate for a massage – this will keep busy articling students in at the top their game mentally and physically.

4. Handsome Portfolio – we are always jotting things down on our note pads, might as well look good doing it!     

5. Mug of Epic Proportions – whether it is full of coffee, tea, or smoothies, it will come in handy for long days.

6. Chic Toiletry Bag – with a tooth brush, hair brush, hand cream, and other goodies, this is nice to have if you are on a big project, a windy trip to the courthouse, or onions in your lunch.      

7. Top Coat / Pea Coat – when the seasons start to transition, and you reach for the big coat you used to wear back and forth to class, it might become apparent that you do not have the most industry appropriate outerwear. You, present or future worker bee, might need an addition to your winter collection.

8. Tablets – for those with bigger budgets, tablets are great for note taking and reading from the couch, on the train, while in a meeting, etc. There are all kinds of helpful apps specifically designed for lawyers. Plus they double as a fun gadget you can kick back with around the holidays!

Keep bringing on the holiday cheer!! And let it snow!

Emily C.