Survey Says...

On Monday morning Ashley, the Student Director, emailed each of the eight summer students: “Please complete the attached questionnaire and send it back to me.”

The questionnaire was a survey with a list of tasks such as “drafted statement of claim”, and “worked on a personal injury claim, etc.,” with the option to select “yes” or “no” upon completion of the task.

Monday marked four weeks since we began working as summer students at MB, the time flew by, which wasn’t surprising. What was surprising, however, was the multitude of tasks we had been exposed to in those four short weeks. I filled in “Yes” to nearly half of the survey.

During OCI’s and In Firm Interviews last September, everyone in the interviews boasted about MB’s summer program and the hands-on experience the summer students receive. I’ll admit I was skeptical. How could such a program be possible? I had always been told that summer students -- especially those at downtown firms in Toronto -- would be tasked with nothing more than file production, research, and memo writing. Pre-OCIs, I expected my summer to be spent on Westlaw.

Then, in November, when I first visited MB in person, I was elated to learn that the summer students are exposed to meaningful litigation experiences during their term. While still skeptical, the MB articling students, outside of the interview, really drilled in the notion that things are different here.

In fact, Ashley has made it her mission to ensure that every single summer student attended both a mediation and an ED in their first few weeks. I was taken aback by this commitment. I thought I would be lucky if I attended a single ED all summer; I had no idea that exposing the summer students to these proceedings was the expectation, not the hope.

While not all work can be as exciting as attending a heated mediation, I’ve found that even the more “tedious” tasks -- i.e. drafting damages briefs or affidavits of documents -- are stepping stones to learning about the entire litigation process. The best way to learn about the development of a case is to analyze every single relevant document. I now have a much greater understanding of the way a file progresses, and how and why certain steps in the litigation process are taken.

Drafting statements of claim, statements of defence, mediation briefs, and initial reports has kept me engaged in client files. These tasks all serve their own unique purpose in the development of a case, which is why I am grateful for the opportunity to work on them.

After four weeks at MB, I am delighted at how many meaningful tasks we have been allowed to work on. Come August, I’m certain I’ll be able to complete Ashley’s survey to nearly 100%.

By Jordan J

My First Mediation

As a student at MB, I am given the opportunity to attend “field trips,” which allows me to attend pretrial conferences, discoveries, and mediations.

"Recently, I attended my first “field trip” which was a mediation."

During my first two years of law school, I participated in numerous moot competitions. However, unlike a moot competition which consists of a hypothetical scenario, this mediation consisted of facts and parties who are directly affected by the outcome of the case. I didn’t know what to expect from the mediation or how the disputing parties would work together to reach a resolution. What I did know going into the mediation is that it would involve a mediator (a neutral third party) who helps facilitate communication between the opposing parties with the hope of ultimately reaching a settlement that is beneficial for all parties involved.

Going into the mediation, I was asked to review the mediation briefs of the plaintiff and defendant. This was a helpful exercise in preparation for my attendance, as it gave me a glimpse into how each side was going to present their case on the day of the mediation.

The virtual mediation began with the mediator exchanging pleasantries with counsel. Despite the adversarial nature of litigation, counsel was friendly with one another and engaged in small talk, which is not what I had expected.

Then the mediator gave an opening statement to provide an overview of the mediation process. The plaintiff and defendant’s counsel then each presented their case. It was captivating to observe each side's persuasive oral advocacy skills when presenting their case.

After opening statements were heard, we were off to the races. The mediator helped facilitate the exchange of settlement offers between the plaintiff and defendant. It was great being able to observe counsel strategize and engage in various negotiation techniques, which helped me realize that there is an art to negotiation.

The informal nature of mediation allowed the disputing parties to exchange settlement offers confidentially, which meant that any settlement discussions at mediation would remain confidential and cannot be shared at trial. This proved to be highly beneficial as it allowed both parties to negotiate settlement offers that they otherwise might not be open to.

In the end, although the parties were making progress, there were several issues still in dispute with respect to damages and liability. Accordingly, it was difficult for the parties to reach a settlement.

While this mediation started off as an opportunity to take notes and absorb as much knowledge as I could, it quickly turned into an opportunity where I am now involved in the next steps of the file. Overall, the mediation was a fantastic experience and I’m excited to attend many more “field trips” this summer and learn as much as I can.

by Chanpreet S.

Bringing a Motion for the First Time: Step-by-Step

I believed to attend and speak to a motion in Court would be a cornerstone of my articling experience. 

"Luckily, last month, I was asked to assist a lawyer to bring an unopposed motion for the first time."

This was a five-step process:

1. Submitting the motion confirmation form: The purpose of this form is to provide the Court with all necessary information regarding the motion being brought forward, including the date and jurisdiction, the estimated time required for the motion, and the position of the parties involved.
   
   
2. Confirming the position of all parties: The motion confirmation form must be sent to all parties for their review as a part of scheduling the motion. The party making the motion must discuss this matter with all parties and each party must confirm whether they are unopposed, opposed, or otherwise consent to this motion prior to the date of the motion.
   
   
3. Upload documents onto Caselines: Caselines is the portal used in Ontario to ensure that the judicial official has access to your materials. Uploading to Caselines is mandatory and material that is not uploaded will likely not be reviewed in advance. Using Caselines for the first time was challenging, but with help from the articling group and the lawyer I was working with, I was able to navigate this system with ease.
   
   
I also learned that the Superior Court of Justice operates with strict timelines; for instance, you need to get the Civil Motion Confirmation Form to be emailed to the court by 2:00 p.m. five days prior to the hearing, excluding weekends and holidays and motion materials must be uploaded into CaseLines at least three days in advance of the hearing. Given the rigidness of these timelines, it is beneficial to begin gathering and submitting motion materials as early as possible.


4. Attending Court and speaking to the motion: I presented the motion to the Justice and answered any questions she had about the motion. I also had to make some edits to the draft order, so I had a Word version of the Order on hand. Since this was my first time attending Court, I made sure that I knew the matter I was speaking to very well. Answering questions requires quick and agile thinking, so it is important to be fully prepared and well-versed prior to the day of the motion.
   
   
5. Issuing the Order with the Court and serving it on all parties: Once the relief you are seeking is obtained in the form of an Order, the Order must be issued and entered at the Courthouse. Once issued, the Order is to be served on opposing Counsel.

While speaking to a motion in Court can be a daunting process, it is also one that is exciting and rewarding!

by Kritika S.

So You Want to be a Litigator: Development the MB Way

Entering law school I, like a lot of my peers, had an initial interest in litigation. I had spent many rainy days reading about Atticus Finch’s iconic closing, watching Lieutenant Daniel Kaffee demand to know who ordered the code red, and begrudgingly viewing Elle Woods have epiphanies in the courtroom based on her knowledge of hair-care products. Because of this, I made an effort in my first year of law school to get involved in moots and work with my school’s advocacy committee which grew my interest in the field. What I needed to know now was if a career as a litigator was going to be everything I had made it out to be in my mind.

The truth is that you never know if you truly like something until you try it, and this is exactly how I entered the OCI process. I knew that if I wanted a career in litigation, I wanted to get the most experience possible to be certain that this was the primary direction I wanted to head in my career.

Throughout the hiring process, McCague Borlack promised me exceptional early experience in the field as a primary feature
of their summer student program and they have not disappointed.

So what should you come to expect from a summer with McCague Borlack? In my experience anything and everything. From the first day that we were able to accept work following orientation, I was challenged by a broad array of interesting tasks and treated as a full, equal member of my new team: team MB. I drafted a wide variety of pleadings, attended numerous discoveries, mediations, and court appearances, and worked on several thought-provoking issues from across a broad spectrum of legal topics. I can honestly say following this summer, I learned as much as I possibly could about a career in litigation in a three-month period.

The experiences that I had also allowed me to do meaningful work with twenty different lawyers across the firm, including associates, partners, and even Howard Borlack himself. By getting an early opportunity to work with senior lawyers at the firm from day one, I had a great opportunity to work on big and exciting cases that many students wouldn’t have the opportunity to work on this early in their careers. Additionally, working with a wide spectrum of different lawyers from across the firm was a fantastic opportunity to learn about the culture of the firm as a whole. Getting a lot of responsibility in a fast-paced and demanding work environment can be a daunting proposition, however, the support I received from every lawyer I worked with at the firm was tremendously helpful in becoming acclimatized to this new work environment. The biggest takeaway I had was that, from top to bottom, people want to teach you how to do new things and are truly invested in your development as a lawyer.

Reflecting back at my earlier self thinking about a day where I might be making a passionate and over-the-top closing in court, I am glad that I made the conscious effort to pursue this field and take a leap into the deep end of "the litigation" pool. Learning the process of this craft, improving my abilities as an advocate, and being a meaningful part of this team is a true joy. I can only imagine what I will learn next going into articling.

by Adam O.

You’re Going To Get Yelled At In Court, So Let’s Talk About It

The moral of the story is that perspective is everything. The way you think about these negative experiences – in court or otherwise, shape the way you approach every task you do, and that is the most valuable lesson I have learned so far this summer.

Picture your first time attending court for your new job. This is the first assignment you have for a lawyer you greatly respect, and it is a simple task to complete – get a draft order on consent signed. This should not be too hard – right?

You finally find your way to where you should be in a Courthouse you have never been before, that is the first win of the day. Now should be the easy part, you have got all the documents you need, which you know for a fact because you checked eight times before you left.

"You know exactly what to say because the lawyer who assigned this 

to you gave you a script – what could go wrong?"

It is your turn to speak. You stand up, say good morning, repeat your script as confidently as you can, and take a sigh of relief afterwards when you did not make a mistake. You did everything you were told and therefore nothing can go wrong. Or can it? Spoiler alert, it definitely will at some point or another.

I stood there bewildered as the Master asked me a plethora of questions. Not only did I simply not have the answers, but I also could not even provide him with an inkling to where we might find the answers. My inner monologue was melting down as I tried to explain that I did not have information to answer the questions, and my instructions included everything I had given to him. In my head, I thought surely this would be enough; he could not be upset for me not having instructions. I was wrong, he definitely could be, and he was.

Let us fast forward through the part of eye rolls, yelling, and a banged fist on the desk. I just kept thinking repeatedly how this could have happened because I followed my instructions exactly.

I get back to the office, and our Student Program Director, Ashley happened to walk by our desks to do her usual check-up on us. She then gave me some of the best advice I have ever gotten. “You have to change your perspective from ‘I hope they don’t yell’ to ‘they are going to yell, and I will not feel bad about it if I did nothing wrong.’”

That was a fundamental change in perspective. Instead of hoping that they will not yell at you, you have to accept that they could just be having a bad day, and taking their frustration out on anyone, and perhaps a student is the easiest. Every time you speak in court and no one yells – that will be an incredible win.

This advice was about more than just somebody yelling at you in Court. What we already know is that negative feedback is a learning experience. Of course, we love it when busy lawyers take time out of their day to tell us that we did a good job on their assignment. They do not always have time to do this, so you might not hear from them at all. What I took away from this conversation with Ashley was quite simply, if there is no negative reaction, you are doing just fine. Now when I hear nothing, that radio silence tells me that what I did was probably fine, and I am probably doing fine. Regardless of what the task is, whether it is speaking in court, drafting a mediation memorandum, a statement of claim or defence, or merely assembling a motion record, if you gave it all your effort and no one comes looking for you to make changes, you are doing a great job.

The pressure to impress can weigh heavy on your mind and can cause a lot of stress, but learning how to read the interactions you do have, is fundamental to managing your own stress. It also never hurts to have a Student Director like Ashley Faust to run to after an experience like this.

P.S. Do yourself a favour, on your first trip to court and wear waterproof mascara.

by Jennifer

P.P.S. from a senior lawyer’s perspective on Masters ‘schooling’ a student. 

It is gratifying to know that some things never change. Students being grilled by some Masters is a tradition and part of the development of a litigator.  I especially enjoyed being in Masters motions court when I had a few years under my belt watching a Master school a student.

Did you read the Rule which is the basis of the motion?

Do you have the Rules with you today? 

Did you read my recent decision in John Doe v Jane Doe?

Maybe you better call your principal and suggest he come to court to deal with this.

And all the more seasoned lawyers smiling as they went on. Eventually, the Student usually obtained the order or was told what to do to get the order when the Student returned.

A Day in Divisional Court

It probably goes without saying, but as a student interested in litigation, if you ever get the chance to get into the courtroom, either to present or watch, you take it! Earlier this month, I was tasked to observe a judicial review hearing in the case of Sabadash v Statefarm at the Divisional Court.

If you are not familiar with Divisional Court, it is a branch of the Superior Court of Justice and acts as an appellate court. It hears certain types of appeals and applications for judicial review.

Unlike a trial, where there is one judge and sometimes a jury, counsel at Divisional Court present to three judges of the Superior Court. Counsel in Sabadash v Statefarm worked to persuade Madame Justice Swinton, Madame Justice Copeland, and Madame Justice Thorburn, a formidable panel of accomplished judges.

"As an appellate court, parties don’t advance new evidence at the hearing; instead, they muster their best legal arguments in support of their position."

In Sabadash v Statefarm, the legal issues were:

• What is the standard of review for a Director’s Delegate’s decision at the Financial Services Tribunal?
• What is the proper test for causation in accident benefits cases, “but-for” or “material contribution”?
• What remedy should be ordered?

Observing appellate work is incredibly useful, especially to young lawyers. In under two hours, I observed two talented senior counsel present their arguments and listened as the judges asked various questions of each side. When arguing appellate work, you have to be ready to answer disjointed questions about any step of an analysis and know the foundation for your argument like the back of your hand.

Another useful strategy I learned in law school and observed being used by counsel was the use of an argument roadmap. Before launching into an hour-long presentation/conversation with your judges, they want to know what you’re going to talk about, and when they can ask the questions of you they formulated reviewing your material.

If you ever get the opportunity to get out of class or the office I can’t recommend Divisional Court hearings enough. Attending this hearing was a great way to expand my learning in a substantive area of law that I am practicing. It provided me with the chance to improve my advocacy by watching senior and experienced counsel, and finally, I was able to speak with both counsel, meeting members of the Toronto and Ottawa bar.

Outside of Toronto, Divisional Court sits infrequently on an annual schedule. If you are interested in learning about the Divisional Court, call your local courthouse to see when it is sitting next.

by Lee C.

First Appearances at Motion Court

Every law student envisions their day in court differently. But for most students, facing the judge is likely the scariest part of it all. Eleven days into articling, I attended my first motion at Brampton Civil court. It was a routine motion, but naturally, I was still very excited and anxious. Being the first of our student group to attend a motion, they were all anxious for me; “Our first motion!!” they said. In preparing for the motion, I spoke with a number of lawyers at the office in addition to the assigning lawyer. At the end of one conversation, I said “That’s very helpful, thank you, I just wanted to know what to expect”. The lawyer replied: “You can never really know what to expect.” Well, ain’t that the truth.

So the day came and I arrived at the Brampton courthouse...

So the day came and I arrived at the Brampton courthouse. There were about 15 matters on the docket in the courtroom I was at. I looked around at the other lawyers who all looked like they knew what they were doing, I tried to fit in. As the first few motions went by, I began to realize something I did not expect. A judge is a real person! This particular Justice’s interest was in family law. Whenever a family law matter came before him, he spoke to the parties about his concerns and the issues at stake. During civil matters, I heard him explain his discomfort in dispensing with service and reasoned why in the particular circumstances he would grant it. It was like my law textbooks had jumped to life! When it came time for my motion, I was considerably more at ease. Before I knew it, I had my first order. Four weeks later, I was asked to attend another motion, this time in Toronto. I remembered my lesson from my first attendance, and reviewed the motion materials by asking myself, “Why are we asking for this order from the court? What makes it reasonable?” I reminded myself that the judges are there to resolve the matter as fair and practicable as possible.

This proved even truer on my second motion attendance. Upon arrival, I was informed my motion had been redirected to another courtroom. When I got there, two counsels were getting very heated over their own respective calendars. The judge, therefore, asked them to consult between themselves outside the courtroom so he could get to the other matters. On a later matter, one counsel repeatedly would not schedule a trial even though several dates in 2016 were given, as he had a long trial around that time. The judge finally said to him: “Counsel, given that 97% of matters settle before trial, and in the interest of moving the [trial] list along, perhaps double booking trials in 2016 is not such a bad idea. Let’s not live up to the reputation that in Toronto, you have to book trials 3 years in advance”. The down to earth comment set a tone for the remainder of the scheduling matters and reminded everyone of the reality that surrounds every legal battle.

As for me, it turns out that the Justice had already reviewed the file I was appearing for and was therefore familiar with it. He had moved me up to his courtroom because he did not want me to run into any issues in the other courtroom. After I spoke to the motion, he then told me he would sign the order and endorsement in his chambers since he had the file there. I was surprised at how he took the time and effort to ensure that the motion would be properly addressed.

I never expected to find myself in chambers on my second motion attendance, but there I was. You can never really know what to expect, indeed!

Leona K.

A New Year & the halfway point check-in

As we say goodbye to 2014 and welcome in the New Year, I realize that January not only signifies a fresh start, but also the halfway point in the 10-month articling journey.

I’m lucky to have had the opportunity to attend motions, assist on complex cases and run a Small Claims Court trial on my own...

Within the past 5 months, I’m grateful to say that my articling experience has been very challenging, exciting and rewarding. I’m lucky to have had the opportunity to attend motions, assist on complex cases and run a Small Claims Court trial on my own back in October! (NB: the trial was adjourned to continue for a second day this coming February!)

The beginning of a New Year is a great opportunity to reflect and resolve to do better. The first 5 months of articling were all about surviving, learning the ropes and absorbing as much legal knowledge as possible. The remaining 5 months of articling will be focused on thriving as an advocate by fine-tuning my legal skills and continuing to make a valuable contribution to the MB team on a daily basis.

In keeping with the tradition of setting New Year's resolutions, I resolve to do better as an articling student in 2015 by striving to learn something new every day (which is not difficult at MB), helping out my fellow colleagues whenever I can, and mastering work-life balance.

It is safe to say that articling is no walk in the park. (It’s more like a very brisk jog or a full-out sprint.) And with lots of support and mentorship from the great lawyers at MB along the way, I have no doubt that I will be able to rise to any challenges that come my way for the remainder of my articling experience and stick to my resolutions.

Happy New Year Everyone!

Irina S.

Final Words: Judge's Perception

“You have your order, now you can collect your mileage.”

Those were the final words spoken by the Judge in my very first motion. Unsure of what he was referring to I simply smiled, thanked him, and went on my way.

My first motion taught me much more than court procedure and legal formality.

Upon exiting the courtroom, opposing counsel asked me if I caught the Judge’s jab about mileage? “No, what was he talking about?” I asked. The lawyer went on to kindly explain that the Judge assumed that because both of us were representing relatively large law firms based in Toronto, we had both travelled over 100 km’s from the provincial capital to Waterloo Region Courthouse for a simple 10-minute motion – and were collecting mileage.

The reality of the situation, however, was that upon exiting the courthouse I crossed the street, alighted the elevator, and sat at my desk in MB’s regional office within four minutes. And opposing counsel’s office was only one block from the courthouse – a mere 10-minute walk. Neither of us would be billing our clients one cent for mileage. 

My first motion, therefore, taught me much more than court procedure and legal formality. It gave me an insight into the legal culture of the local region and its perception of “Toronto lawyers”.

Rather than put my nose up, however, this made me reflect on and appreciate the importance of being a part of the community one works in. The practice of law is sensitive to context – not just theoretically but geographically. Understanding that will hopefully benefit one’s social mileage, without needing to drive long distances. 

Peter V.

My first... solo court appearance

In my second week at MB, an associate asked the students who had access to a car and could assist with a job. Having met the qualifications for such a job, I set off for the associate’s office with pen and paper in hand (NOTE – to all incoming students, a pen and paper is your friend, never leave your office without it!) Thoughts raced through my mind of what it could be, was it a rush delivery of a document? Did he forget to put his dog outside and need me to rush home to do so? Whatever it was that needed to be done, I was game.

"I, a summer student with less than a month’s experience, am going to court to adjourn a trial?"

Once I arrived at his office, the associate said he needed me to appear in court to adjourn a trial date in a quasi-criminal matter at Provincial Offences Court. With an air of youthful confidence, I gave him a quick “sure, no problem!” My mood quickly turned though as soon as I left his office and, admittedly, I may have let out an audible “oh $#!+, what have I gotten myself into?” Feelings of excitement, nerves, doubt and dread all clouded my mind. I, a summer student with less than a month’s experience, am going to court to adjourn a trial? Just last week I learned how to properly spell ‘subrogation’ and finally figured out the office phones and now they wanted me to appear solo before the court? Despite his assurances that I would do great and that he would help me prepare, I still had reservations on how the whole situation would play out.

In the days leading up to my court appearance, the associate worked closely with me providing file details, tips on how to conduct myself at the hearing and even a quasi script that I could follow! The night before and the morning of my appearance was spent admittedly with butterflies in my stomach. After reviewing my notes and, in an effort to be “inspired”, watching Gregory Peck give closing arguments in To Kill A Mockingbird (thinking that is exactly how I will look in my appearance), I set off for court. After getting lost (more than once) and asking for directions (more than once) I arrived at the St. Catharines' Courthouse.

Not only did my experience involve an appearance, but it also involved me entering into brief negotiations with the prosecutor. I really got the full experience with this assignment! Finally, my name was called by the prosecutor; I made my way to the front of the courtroom and made my submissions before the Judge. I am happy to report that the request to adjourn the trial was approved. While not exactly “Gregory Peck-esque” in my delivery, I felt prepared and confident. Sometimes, as a student, the best learning experiences are the ones where you are forced to challenge yourself. Needless to say, I arrived back at the office feeling invigorated and refreshed at the thought of completing my first court appearance and regaled my fellow students with tales of conquering courtrooms.

My first appearance in court was most definitely exciting and gave me a feel for what it is like to be part of the MB Team. Also, it made me realize being a McCague Borlack LLP student is truly a “litigation 101” learning experience. If this is how it feels for every first, then I cannot wait for the next one to come along!

Garett H.

I Don't Know Anything.

This was the cataclysmic mantra racing through my head on day one at McCague Borlack. As I sat in my chair absorbing the ins and outs of litigation, subrogation, compensation and mediation, I felt the newness of everything hit me all at once. Had first-year law school returned to take its revenge? The volume and complexity of the work loomed large.

"seeing your motion materials and legal research (successfully!) put to use in front of a judge is a truly rewarding experience."

But here is the one big difference between class and work: at MB, students have the complete and unequivocal support of the entire firm. As I made my way through the OCI process last year, I was struck by how comfortable I felt during my MB interviews; without fail, every single interviewer was warm, candid and bright. I can’t speak for other firms, but what you see during an MB interview is what you get at the office. Doors are open, help is offered, and support is always available. I have never been turned away or dismissed for asking the most basic of questions. MB is a truly collaborative firm.

At MB, the emphasis is on practical experience. You will draft motion materials. You will attend court proceedings with a mentor. You will communicate directly with clients. And yes, you will carry your very own files, which I guarantee will (1) instill a great sense of pride and responsibility; and (2)result in a noticeable improvement to your upper body strength. The opportunity to learn and contribute is enormous.

A few days ago, I attended a motion with a senior lawyer at the Brampton Courthouse. I can honestly say there is no substitute for actual court experience. As a summer student, learning the little things rank among the most important lessons I have learned to date, including knowing where to park, how to read a motions list, and how to find a courtroom. And of course, seeing your motion materials and legal research (successfully!) put to use in front of a judge is a truly rewarding experience.

As the end of week 3 approaches, I can honestly say that I feel comfortable in my own skin again. In the grand scheme of things, I still know (almost) nothing. Only now, I know exactly who to go to and what to ask.

Ben C.