Case Summary: A Cautionary Tale

In a very recent summary conviction appeal decision out of the Ontario Superior Court, Justice Kenneth Campbell in Shofman stressed the importance of a lawyer's “contemporaneous, reliable, objective records.”

I have a practice of sending off a quick email to the person whom I just spoke to, confirming what was said.

As articling students, we are often fielding phone calls from clients, opposing counsel or unrepresented litigants. We have been taught by our mentors and articling principles at McCague Borlack to make contemporaneous notes of these calls that detail what was said and in what context. If appropriate, I have a practice of sending off a quick email to the person whom I just spoke to, confirming what was said. I find that this provides a relatively accurate time-stamp for the conversation and allows the other party an opportunity to clarify any issues that they may have with my recollection.


In this case study, the decision by Justice Campbell reinforces the importance of documenting key interactions that are relevant to a file. Not doing so may have unforeseen consequences, months or years down the road.

Read the case study: Judiciary to the Bar: Make Contemporaneous Notes and Take Written Instructions.

Aryeh S.

Managing Stress

While the legal profession offers many perks, it also has stressful elements. Below are some of my tips for managing stress as an articling student.

Whenever I get a new assignment, I immediately add it to the list...

Make a list. 

Whenever I make a to-do list, my head seems a lot less cluttered and my outstanding tasks seem much more manageable. I keep a to-do list with all of my outstanding assignments on hand. Whenever I get a new assignment, I immediately add it to the list so that I don’t have to worry about forgetting something.

At the end of each day, I also make a to-do list for what I want to accomplish the following day. This list helps me stay focused and deal with one thing at a time.

Get some exercise.

Admittedly, this is sometimes easier said than done. At the end of a long day, it can be tempting to go home, crawl into bed and watch Netflix. However, my mind is a lot clearer and I’m able to focus better at work (not to mention feel better) when I exercise regularly.

Finding a form of exercise that I actually enjoy and look forward to makes it a lot easier for me to follow through. I’ve started making a point of going to more yoga classes. They help me relax and they allow me to get some exercise. If there’s one thing I appreciate as an articling student, it’s being able to kill two birds with one stone.

Talk it out.

The people at MB are a great support system. The lawyers are always happy to help, and the articling students regularly grab coffee or lunch together to chat about stressful assignments and bounce ideas off of each other. It acts as a great reminder that we’re all in this together.

With that being said, I also find that it helps to talk to people who aren’t in law. Whether that be friends or family, a quick phone call can quickly put whatever you are stressed about into perspective.

Sleep on it.

I feel less anxious and assignments seem a lot more straightforward when I’ve had a good night’s sleep. It can be difficult to turn your brain off at the end of the day, but putting work out of your mind and realizing that it will all get done is a skill that is worth mastering. Pro tip: turn off your phone and laptop, and read a chapter of a book in bed to help you fall asleep.

Overall, remember that articling is an opportunity for you to learn a lot. Enjoy it!

Carol-Anne W.

Summoned to Old City Hall

So I’m on the phone with a client late one Friday afternoon. In a worried voice, the client says she's been summoned to Old City Hall for the following Monday; her family business of over 20 years has been charged with a provincial offence and she fears a harsh penalty will be coming their way.

I speed walk to an associate's office who is familiar with the process...

My supervising lawyer quickly tells me to attend with the client. Now, sitting at my desk I realize, I have no idea what to expect when it comes to a provincial offence matter and I have never stepped foot inside Old City Hall.

Getting Direction
The morning of the court date, I speed walk to an associate's office who is familiar with the process. He informs me to locate the prosecutor prior to the hearing and discuss prospects for settlement. I wonder to myself, what type of penalty is the prosecutor looking to advance? The lack of disclosure from the Crown only adds to the suspense.

Briefing the Prosecutor
Later that afternoon, I arrive at Old City Hall and first console the client, and then look for an individual who is carrying "a boatload of files”. I walk into the courtroom and find a long line of individuals waiting to speak with the prosecutor. When it is finally my turn, I brief the prosecutor and indicate that my client would like to resolve the matter same day. She looks up quizzically and asks me to wait at the end of the line, as an officer of the City has not yet added the matter to the court list.

Negotiating a Deal
I wait nervously at the end of the line. Just as I begin to discuss prospects of settlement with the prosecutor, the Justice of the Peace walks into the room. I think to myself, oh no I was never instructed to obtain an adjournment, what now? The prosecutor proceeds to call up all matters but my client’s. Just as I think the hearing is coming to an end, the prosecutor requests a recess. I breathe a sigh of relief and hurry to negotiate a deal for my client. Speaking to the  prosecutor, I emphasize that it is a family business, the client has a clean track record and I also suggest a way for my client to avoid any future non-compliance. Success! The prosecutor agrees to a lower fine by 25%. At the end of the day the client is happy to pay the lowered fine, as it means escaping the damaging alternative of shutting down the business for a day.

Taking a Breath
Remember, there’s always a first for everything. Take it one step at a time and remind yourself that in hindsight most things are not as daunting as they appear.

Christine L.

Half-Way Point: People, Places and Things...

It feels like it was only yesterday that I wrote the bar exam and commenced my articles. On the sunny morning of August 4th, I started as an articling student and thus far the experience has been more than I ever could have expected. Thinking of all of the opportunities that have been made available to me including the people that I have been able to meet and places that I have attended, I definitely believe that I would not change this profession for any other.

I would not change this profession for any other.

Some of the tasks that I have been assigned include drafting motion materials (that were presented to the Regional Senior Justice), making submissions to a Judge at a settlement conference, participating in examinations for discovery and conducting cutting-edge legal research on novel areas of law. All-in-all it feels like I learned more in 5 months of articling than in 3 years of law school (no offence Windsor Law).

Secondly, the articling experience at a law firm like MB brings with itself the opportunity to meet some of the brightest minds and reinforces how much we have yet to learn. I have been able to work on many interesting files with lawyers and partners at MB that have allowed me to grow as a future lawyer and expand my writing and advocacy skills. Advancing legal arguments to Judges at different levels of Court, whose intelligence and eloquence are outstanding is a true privilege. I have been very fortunate to experience first-hand the dynamics of working with our clients who are leaders in their respective industries.

Lastly, the places I have been able to visit while working at MB have made this experience even more pleasant. To name a few, I attended hearings in Toronto, Barrie, Niagara Falls, Newmarket, Kitchener and this March I am even flying to Timmins! Travelling while articling has made the entire experience that much more exciting.

Now that I am at the "halfway" point, I can only hope that the other half of articling contains just as many interesting things to do, people to meet and places to visit.

Bogdan M.

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!