November 2022

Editors – Allen Mendelsohn, Larry Markowitz and Stephanie Perlis

President’s Message

Jonathan Gordon, President

(cliquez ici pour lire le mot du président en français)

Dear Colleagues, Honourable Judges, and Friends of the Society,

It has been several months since I was sworn in as President of the Society. In that time, I have constantly been reminded of the high esteem in which our Society is held throughout Quebec and how deeply it is ingrained in Montreal’s legal landscape.

In my capacity as President, I am often invited to represent the Society at prestigious events all over the province – be it the Rentrée Judiciaire or the various other cocktail parties or dinner events held by other law societies. Last month I was even given the opportunity and privilege to serve as a jury member for the 16th Les leaders de demain Gala of the Jeune Barreau de Montréal, alongside chief justices, bâtonniers and law faculty deans.

The high regard accorded to the Society by the legal community – and by the community at large – is truly a testament to my predecessors, our Board members and other Society volunteers who work tirelessly at planning our various events throughout the year. Without their dedicated effort, none of this would be possible.

I wish to personally thank each of you for your efforts that have led us to this point.

Next dinner event – our Annual Human Rights Lecture

I hope you are as excited as I am for our second in-person dinner-meeting of the season, our Annual Human Rights Lecture, which will take place on Wednesday, November 16, 2022, and promises to be an exceptional evening for the Society.

On this occasion, we are honoured to welcome Alexia Korberg, partner in the Litigation Department of Paul Weiss in New York City.

Alexia is a nationally recognized lawyer who has received accolades well beyond the United States for their human rights advocacy, including, having taken on two of the most important human rights / constitutional cases to have come before the United States Supreme Court in the past 50 years. First in U.S. v. Windsor from the district court to the Supreme Court, helping to establish a constitutional right to same-sex marriage, as well as a series of cases in Mississippi that invalidated the state’s bans on both gay marriage and adoption.

Alexia then represented Mississippi’s last remaining abortion provider for many years in federal and state court challenges to several unconstitutional abortion restrictions, including most recently before the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, which ultimately overturned the Supreme Court’s near 50-year precedent in Roe v. Wade. All this on a pro bono basis!

 Alexia has won almost every award imaginable in the United States for their advocacy and has been featured in The New York Times, The Washington Post, the National Law Journal, The American Lawyer, Slate and elsewhere.

Alexia will be interviewed on stage by McGill’s Dean of Law Robert Leckey, Ad. E. and will be awarded the Lord Reading Law Society’s Human Rights Award.

The event has been approved for 1 hour of CLE accreditation. You can register for the dinner here.

I would like to thank IMK, Crowe BGK and Devine Schachter Polak for their generous sponsorship of this event.

Young Bar Members-only CLE breakfast

We are also pleased to announce that on November 24 2022, we will hold our first members-only CLE breakfast of the season featuring Judge David Cameron of the Court of Quebec. Judge Cameron will give a lecture to members of our Young Bar entitled Recovery of Small Claims, Where do I Stand? This limited seating event is unfortunately already fully booked, but please look for more members-only CLE events in the new year!

Your membership

If you have not done so already, I encourage you to renew your membership or become a member of the Society for the first time. We count on our membership dues to help contribute to the health of the Society, and to support the continuing program of outstanding speakers the Society has established. You can find more details about membership along with a link to sign up further in this newsletter.

We look forward to seeing you all in person on November 16th!

Sincerely,

Jonathan Gordon, President
The Lord Reading Law Society
president@lordreading.org

The Perils of Incivility: From Bre-X to the LSUC to the SCC

Larry Markowitz

Our 2022-2023 season officially launched on September 29th, with our annual Alan B. Gold Advocacy Lecture. For this year’s edition, we had the pleasure of welcoming prominent Canadian securities litigator Joseph Groia, who described his lengthy battle with the Law Society of Ontario (known as the the Law Society of Upper Canada, or LSUC, prior to 2018) that wound its way through the courts until the Supreme Court of Canada finally exonerated him in 2018.

The nearly two-decade-long saga began in 2000 with the fraud trial of John Felderhof. Because Felderhof had been vice-president of exploration at Bre-X Minerals, the biggest mining fraud in Canadian history, the case attracted significant media attention. Mr. Felderhof was accused by the Ontario Securities Commission of insider trading and authorizing the release of misleading press releases.

Mr. Groia served as defence counsel and was victorious, with his client, Mr. Felderhof, being exonerated.

However, that was only the beginning of the story. Things next become personal for Mr. Groia: After the Felderh of trial ended in 2007, the Law Society of Upper Canada initiated disciplinary proceedings against guest speaker, sanctioning him for his courtroom tactics.

The LSUC alleged that Mr. Groia had been guilty of professional misconduct in his defence of Mr. Felderhof by, among other things, relentlessly attacking Ontario Securities Commission prosecutors, both professionally and personally. After a hearing, a disciplinary panel of the LSUC found that Groia was guilty of incivility and suspended his licence to practise for two months.

In the words of the Supreme Court, the Bre-X trial “was characterized by a pattern of escalating acrimony and by a series of disputes” between Groia and OSC prosecutors, which included “personal attacks, sarcastic outbursts and allegations of professional impropriety” by Mr. Groia.

A hearing panel determined that Mr. Groia was guilty of misconduct and suspended his licence for two months as a result, as well as ordering him to pay $247,000 in costs.

After further appeal by our guest speaker, the Law Society Appeal Panel came to the same finding, but it lessened his suspension to one month and told Mr. Groia he would only have to pay $200,000 in costs. On appeal from Mr. Groia, the decision was upheld by the Divisional Court of Ontario and later dismissed by the Ontario Court of Appeal, before making its way to the Supreme Court of Canada.

In its ruling, the SCC noted that much of the conflict came from Groia’s “honest but mistaken understanding of the law of evidence and the role of the prosecutor,” and it ultimately concluded that a finding of professional misconduct by a Law Society Appeal Tribunal “against [Groia] on the basis of incivility was unreasonable.”

As Supreme Court Justice Michael Moldaver wrote in the majority judgement, “[W]hen defining incivility and assessing whether a lawyer’s behaviour crosses the line, care must be taken to set a sufficiently high threshold that will not chill the kind of fearless advocacy that is at times necessary to advance a client’s cause.”

In other words, by alleging incivility in the defence lawyer’s pleading style, the Law Society risked hindering the defence lawyer’s obligation to defend their client resolutely and fearlessly, which ultimately is at the basis of what defence lawyers are supposed to do. As has been commented, the risk of an accused’s imprisonment trumps any genteel notions of civility.

In his closing remarks to the Society, Mr. Groia wished that we may “find our own Bre-X” – in other words, a rewarding case where we have the privilege of providing our client with the vigorous defence they deserve.

For a full set of pictures from the event, please visit our Facebook page. 

Don’t forget your Lord Reading Membership!

Hershie Frankel, Membership Chair

It’s that time of year! Time for you to renew your membership, or become a member for the first time. Membership offers significant discounts for our (in-person!) dinner-meetings and with our updated pricing for this season you’ll be saving even more! You’ll also gain exclusive access to the great members-only CLE events we have planned. Moreover, when we make public interventions in the interest of human rights, we do so in the name of our members (excluding those who are members of the judiciary), meaning we need to ensure we maintain a robust membership. We’d love to have you as a member!

You can become a member online here. As they say, membership has its privileges!

Society Humour

News from the Mishpocha

Mazel Tov

  • To past Society Board member Janet Michelin on being named to the Quebec Superior Court by Canadian Justice Minister David Lametti
  • To Society member Brigitte Garceau on her election as MNA for the Robert-Baldwin riding
  • To Society Board member Elissa Brock for being selected as a finalist in the Corporate Law category for the Gala du JBM « Les leaders de demain »

Sincere Condolences

  • To longstanding Society member Charles Flam on the loss of his wife Sharon. Sharon was also aunt to Board member Lauren Flam and Society member Carly Flam.

September 2022

Editors – Allen Mendelsohn, Larry Markowitz and Stephanie Perlis

President’s Message

Jonathan Gordon, President

(cliquez ici pour lire le mot du président en français)

Dear Colleagues, Honourable Judges, and Friends of the Society,

It is an honour and privilege to serve as your President of the Lord Reading Law Society this year.

Notwithstanding the challenges that we endured as a result of the Covid-19 pandemic, we had a tremendous season last year under the presidency of my predecessor, Doree Levine.

I would like to take this opportunity to thank her for her formidable leadership in the wake of very difficult circumstances and for the support and wisdom that she has extended to me.

I would also like to express my sincere gratitude to the Executive and Board members who generously volunteer their time and energy to make this organization and our events so exceptional.

This year I will endeavour to build upon last year’s success as we finally return to in-person events and I will uphold the honour and prestige of the Society by arranging for dynamic and interesting guests to speak about topics of importance to us, as advocates.

To this end, our season will officially commence on Thursday, September 29, 2022, with the annual Alan B. Gold Advocacy Lecture. On this occasion, we will have the pleasure of welcoming Joseph Groia, whose lecture is entitled: The Perils of Incivility: From Bre-X to the LSUC to the SCC. Joe will recount his journey from successfully defending his client at the Bre-X Minerals trial to being exonerated by the Supreme Court of Canada after the Law Society of Ontario sanctioned him for his courtroom tactics. I would like to thank Davies for their generous sponsorship of the evening. You can register for the lecture here.

Upcoming Events

Our second lecture will take place on November 16, 2022 and promises to be an exceptional event. On this occasion, we are honoured to welcome Alexia Korberg,  partner in the Litigation Department of Paul Weiss in New York City. Alexia has an active pro bono practice and was part of the legal team that successfully litigated U.S. v. Windsor from the district court to the Supreme Court, helping to establish a constitutional right to same-sex marriage, as well as a series of cases in Mississippi that invalidated the state’s bans on both gay marriage and adoption.

Alexia also represented Mississippi’s last remaining abortion provider for many years in federal and state court challenges to several unconstitutional abortion restrictions, including most recently before the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, which ultimately overturned the Supreme Court’s near 50-year precedent in Roe v. Wade. Alexia will be interviewed in person by McGill’s Dean of Law Robert Leckey, Ad. E.

We are pleased to announce that on November, 24th, we will have a members-only CLE breakfast featuring Judge David Cameron of the Court of Quebec. Read further in my message to find out more about membership!

Our Annual Student dinner will be held on January 26, 2023. On this occasion, the Society will welcome Harley Finkelstein, who is best known as the President of Shopify. Harley is a former practicing attorney from Montreal, and an advisor to both OMERS Ventures and Felicis Ventures. He was a Dragon on CBC’s Dragons’ Den, Next Gen Den and was previously on the Board of the C100 and Canadian Broadcasting Corporation. Harley received the Canadian Angel Investor of the Year Award, Canada’s Top 40 Under 40 Award, Fortune’s 40 Under 40, and was inducted into the Order of Ottawa. Harley will be interviewed on stage by Me Jeremy Sculnick, partner in the Corporate Group at Stikeman Elliott’s Montreal office.

On April 20, 2023, we have the privilege of welcoming Marie Henein, renowned criminal defence attorney and partner at Henein Hutchison LLP in Toronto.

Your Membership

By now, you will have received a notice inviting you to renew your annual membership to the Lord Reading Law Society. I encourage you to pay your membership dues prior to our first event, as we count on those funds to help contribute to the financial health of the Society, and to support the continuing program of outstanding speakers the Society has established. By doing so, you will also benefit from significant discounts on our scheduled dinner events throughout the season and be eligible to attend members-only CLE events such as the one mentioned above.

You can sign up for your membership here.

*****

I look forward to seeing you at the opening dinner on September 29, 2022, and at our subsequent events throughout the 2022-23 season!

Shana Tova, wishing you a happy and healthy Jewish New Year.

Sincerely,

Jonathan Gordon, President
The Lord Reading Law Society
president@lordreading.org

Law, Politics and the Return of Pro Sports in the COVID Era – and the return to in-person Lord Reading events!

Allen Mendelsohn

Awi Sinha addresses the Society – in person!

On June 7, 2022 we were delighted to welcome Awanish (Awi) Sinha of McCarthy Tétrault – in person! – for his conference “Regulation Play: Law, Politics and the Return of Pro Sports in the COVID Era”. After being introduced by his McCarthy colleague Stéphane Duval, Awi gave a fascinating overview of his representation of Maple Leaf Sports & Entertainment (owner of the Leafs and Raptors) in its regulatory, public health and government negotiation processes for the return to play in the NHL and NBA during the pandemic.

The talk was tremendously engaging, with Awi as master storyteller sharing inside scoop on the negotiations with the NBA and NHL. After being Zoom-only for more than two years as a result of the pandemic, the Society, and its members and friends, were thrilled to be back together in person to share the camaraderie for which the Society is famous. Just look at the faces in these photos!

 

President Doree Levine welcomes the crowd back to in-person events!
Society members and friends were thrilled to be back at a Shaar table!
Immediate past president Andrew Kliger is delighted to hand Awi Sinha the traditional speaker gift of the Lord Reading pen in person

For a full set of pictures from the event, please visit our Facebook page. 

The Society Goes to Quebec City

Stephanie Perlis

Members of the Society’s delegation including current President Jonathan Gordon, Immediate Past President Doree Levine and four other Past Presidents!

On Thursday, September 15, 2022, members of the Lord Reading Law Society were delighted to attend an historic evening with all nine justices of the Supreme Court of Canada at the Voltigeurs de Québec Armoury in Québec City. The event was organized by the National Judicial Institute and gathered over 900 members of the legal community during the Supreme Court’s visit to Québec City, where they heard two cases and engaged with the local community.

The evening was entitled “Justice in Motion” and saw landmark SCC cases, such as R v. Marshall, St. Lawrence Cement Inc. v Barrette, Tremblay v. Daigle and Carter v. Canada (Attorney General) interpreted by actors on stage. The evening also included an introduction of the recipient of the Louis-Philippe Pigeon prize and ended with a fireside chat between the Honourable Manon Savard, Chief Justice of Québec and the Right Honourable Richard Wagner, P.C., Chief Justice of Canada, both of whom have addressed the Society on previous occasions.

This was a wonderful opportunity to connect with colleagues from Montréal, Québec City and beyond and hear directly from our country’s highest court.

The scene in Quebec City

Don’t forget your Lord Reading Membership!

Hershie Frankel, Membership Chair

It’s that time of year! Time for you to renew your membership, or become a member for the first time. Membership offers significant discounts for our (in-person!) dinner-meetings and with our updated pricing for this season you’ll be saving even more! You’ll also get exclusive access to the great members-only CLE events which we have planned. Moreover, when we make public interventions in the interest of human rights, we do so in the name of our members (excluding those who are members of the judiciary), meaning we need to ensure we maintain a robust membership. We’d love to have you as a member!

You can become a member online here. Membership has its privileges!

Society Humour

News from the Mishpocha

Mazel Tov

  • To Society Board member Anna Bronshteyn on her wedding over the summer!
  • To Society Past President Sharon Druker on being named to the Board of Directors of the Fondation du Barreau
  • To all Lord Reading members and friends who have reached their 50th, 60th, and 70th anniversary at the Barreau

Sincere Condolences

  • To Society Board member Eric Maldoff on the passing of his mother, Betty
  • To Society Board member Justice Carol Cohen on the passing of her mother, Elinor
  • To dear friend of the Society The Honourable Justice Rosalie Abella on the loss of her husband Irving
  • To the family of past Lord Reading Speaker Clayton Ruby, Canadian civil rights lawyer and activist

June 2022

Editors – Allen Mendelsohn, Larry Markowitz and Stephanie Perlis

President’s Message

Doree Levine, President

(cliquez ici pour lire le mot de la présidente en français)

Dear Colleagues, Honourable Judges, and Friends of the Society,

As summer rolls around and our season comes to a close, it is fitting to reflect on what the Society has accomplished over the course of the past year.

Assuming the role of President of Lord Reading Law Society in the midst of a pandemic, after 15 months of Zoom events, my goals were fairly simple and straightforward: to maintain our tradition of excellent speakers, to keep our membership healthy and our members and friends engaged, challenged and even entertained. My personal wish was to welcome you all back in person before the season ended…not an obvious feat!

We officially began our (virtual) season on October 13, 2021, with our annual Alan B. Gold Advocacy Lecture. The Society welcomed Me David Schulze, aboriginal law expert, for his talk entitled Reconciliation Goes to Court: Litigating the Indian Residential School Experience and Other Historic Abuse. An introduction by Senator Marc Gold was followed by a powerful firsthand account from Chief Jean-Charles Piétacho, Innu Chief of Ekuantishit, on his personal experience at residential schools.

On December 9, 2021, I had the pleasure of moderating a fascinating conversation between Dr. Vardit Ravitsky, Professor of Bioethics at the Université de Montréal, and the Right Honourable Beverley McLachlin, former Chief Justice of the Supreme Court of Canada, on the impact of Covid-19 on issues such as access to justice, the impact on vulnerable persons, and how our judicial system fared during the pandemic.

Our Annual Student event took place on February 10, 2022, during which we presented our student awards to deserving law students and welcomed Jay Rosenzweig. Mr. Rosenzweig walked us through his interesting career path, sharing stories and lessons learned, and gave us insight on Leveraging Your Law Degree for Social Impact. Mr. Rosenzweig was introduced by his long-time mentor and friend of the Society, Professor Irwin Cotler.

On April 13, 2022, in the wake of the Russian invasion of Ukraine and on the timely occasion of our Annual Human Rights Lecture, the Society benefited from a most informative evening with Professor René Provost, Ad. E, of McGill University’s Faculty of Law, From Aggression to War Crimes: International Law in the Ukraine Conflict. Please see further below in this newsletter for more details on this event.

On May 10, 2022, our Young Bar Committee organized Movers and Shakers, a compelling lunch-time panel discussion bringing together three Quebec-trained jurists, Cari Davine, Ashley Kandestin and Corey Omer, sharing their experiences of practising law in other jurisdictions and what motivated their decisions to remain abroad or return to Quebec.

As the season comes to an end, I am thrilled to return to the traditional Lord Reading Law Society dinner event format. On June 7, 2022, it will be my great pleasure to welcome you back for cocktails (outdoors), dinner and an engaging lecture by Awanish Sinha entitled Regulation Play: Law, Politics and the Return of Pro Sports in the COVID Era. A partner at McCarthy Tétrault in Toronto, Me Sinha will share lessons learned from a great example of unprecedented law –in particular the regulatory, public health and government negotiation processes involved in the recent return to play in the NHL and NBA in the context of the pandemic.  If you haven’t already registered, please do so at https://lordreading.org/events/dinner-meeting-sinha/.

We thank our sponsors MT>iplus, a division of McCarthy Tétrault, and IMK LLP, for graciously supporting this event.

An Act Respecting the Laicity of the State (formerly known as Bill 21)

The Society has continued its contestation of Bill 21, An Act Respecting the Laicity of the State, as an Appellant in the ongoing legal proceedings. In December 2021, the Society filed its Factum at the Quebec Court of Appeal, with the dates of the hearing yet to be announced. We are grateful to our Past President, Ted Goloff, for his tireless efforts in preparing our appellate proceedings, and to our Human Rights Committee for their ongoing support.

An Act Respecting the French language, the Official and Common Language of Quebec (formerly known as Bill 96)

Over the course of the year, the Society also actively sought to advocate against the egregious violations of human rights and freedoms set out in Bill 96, An Act respecting the French language, the official and common language of Quebec. Over the summer, our Human Rights Committee prepared a Brief setting out the Society’s grave concerns regarding the impact of Bill 96 on the basic human rights of all Quebecers, their access to justice, as well as Bill 96’s impact on the legal profession. On September 17, 2021, the Society, presented its Brief before the Quebec Community Groups Network (QCGN)’s Public Hearings on Bill 96.

The Society will diligently monitor the application of the law and all related legal actions. We remain committed to the protection and advancement of human rights of all Quebecers of all origins.

*****

It has been a great privilege and honour to serve as President of Lord Reading Law Society. I am eternally grateful for the unwavering support of an incredible group of Directors, Past Presidents, members and friends who have helped carry the Society through an unprecedented moment in time.

I look forward to seeing you on Tuesday, June 7, 2022 at 6pm, to welcome summer by reuniting with old friends and new faces, and to enjoy a long-awaited evening together—in person!

Doree Levine, President
Lord Reading Law Society

From Aggression to War Crimes: International Law in the Ukraine Conflict

Larry Markowitz

On the occasion of its Annual Human Rights Lecture, the Lord Reading Law Society was pleased to welcome McGill University Faculty of Law Professor René Provost, F.R.S.C., Ad. E, a renowned expert in international human rights law, humanitarian law and the law of armed conflict. The April 13th event was held on Zoom—hopefully the last time we will be forced to hold one of our dinner events in the virtual world.

Professor Provost’s timely lecture, From Aggression to War Crimes: International Law in the Ukraine Conflict, was a masterclass in international law. Russia’s invasion of Ukraine represents the biggest challenge to the rules-based international order since the Second World War.

Our guest speaker stated that the Western world is paying the price for its cavalier attitude toward international law in recent years. Meanwhile, China is watching closely to determine whether there are weaknesses in the international order it might seek to exploit.

Professor Provost reminded us that, unlike in domestic law, there is no international tribunal with the ability to compel a country to adhere to international law.

His well-structured presentation began with a review of international laws regulating the use of force, citing some of the preposterous claims Vladimir Putin has used to justify his war of aggression. Putin had used similar arguments to justify his previous incursion into Ukraine and was met with minimal resistance from the international community at that time. As a result, the perceived coercive power of international law was weakened, so Putin decided to once again push his luck in 2022.

Professor Provost discussed the legal status of the 20,000 foreign fighters from 52 countries who have descended on Ukraine to help defend that nation. Do these fighters qualify as mercenaries under the law of war? If captured, are they entitled to protection as prisoners of war under 1977’s additional protocols to the Geneva convention? What is the status of those conducting cyber warfare on behalf of the belligerent parties? Many questions; few clear answers.

Our guest speaker discussed the manner in which civilian deaths are assessed under international law, reminding us of the concept of proportionality. Clearly, Russia’s indiscriminate attacks and purposeful targeting of civilians crosses that line in tragic fashion.

Moreover, the technique of siege warfare being practised by Russia, which has prevented access of food and medicine to civilians in certain Ukrainian cities, contravenes Article 54(1) of Additional Protocol I to the 1949 Geneva Conventions, to which both Ukraine and Russia are parties, which provides, “Starvation of civilians as a method of warfare is prohibited.”

The bombing of theatres and other cultural landmarks, especially those clearly indicated as being used to shelter civilians, contravenes Article 27 of the Hague Regulations, which reads:

In sieges and bombardments, all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

As for whether Russia’s crimes constitute genocide or “mere” crimes against humanity, there is a debate to be had, but either way, people are dying.

At the end of the day, there is no court of law that can stop this war. We in Canada are fortunate to enjoy the luxury of having an academic discussion about the laws of war.

Eventually, though, the attacks will end. Will Russia, its leaders and its military ever be held accountable? Perhaps, through the principle of universal jurisdiction, courts of countries like Canada will be able to try alleged war criminals. Of course, the accused would first have to find themselves on Canadian soil and be subject to arrest by Canadian authorities. Perhaps an ad hoc tribunal could be established by several like-minded countries to conduct a war crimes trial in the image of the Nuremberg Trials, but again, the defendants would have to be caught and brought to court.

The real repercussion in international law in the immediate term is that Russia has been ostracized by most civilized nations. Russia has been expelled from the United Nations Human Rights Council, condemned by a vote of 141 UN member states, and even had some of its UN Security Council functions effectively removed under a landmark “Uniting for Peace” resolution of the UN General Assembly for failure to exercise its primary responsibility as a permanent member of the Security Council to maintain international peace and security.

While the topic of Professor Provost’s speech was troubling, the Lord Reading audience was able to take solace from the fact that, at least, an international law framework exists that may eventually serve to prosecute some Russian war criminals if they can be arrested, and an appropriate tribunal can be found.

Society Humour

News from the Mishpocha

Mazel Tov

  • To Society Past President Lynne Kassie on being awarded the Mérite Christine-Tourigny from the Barreau. The Mérite “est attribué à un membre ou à un ancien membre dont l’engagement social et la contribution particulière à la progression des femmes dans la profession sont dignes de mention remarquable.”

Sincere Condolences

  • To Past President Ron Levy on the passing of his mother, Ruth
  • To the family of the Honourable Lawrence Poitras, long-time member and friend of the Society
  • To the family of Harvey Yarosky, long-time member and friend of the Society
  • To the family of past Society member Stuart Millowitz

April 2022

Editors – Allen Mendelsohn, Larry Markowitz and Stephanie Perlis

President’s Message

Doree Levine, President

(cliquez ici pour lire le mot de la présidente en français)

Dear Colleagues, Honourable Judges, and Friends of the Society,

I hope this message finds you well. We have a lot to cover this month!

Barreau Elections

I would like to take this opportunity to remind you of the upcoming Barreau du Québec and Barreau de Montréal elections, and urge all those eligible to vote to take note of the following:

1) Barreau du Quebec: Members of the Montreal Bar shall elect 2 Administrators (2-year term) to the Barreau du Québec from among the following four candidates running:

Me Antoine Aylwin
Me Julien Beaulieu
Me Neil Oberman
Me Carole Paré

The voting period begins May 3rd at midnight and ends on May 13 at 4 P.M.

2) Barreau de Montreal: There are 3 Councillor positions available (2-year term) at the Montreal Bar, from among the following 6 people running:

Me Véronique Collard 
Me Brigitte Garceau
Me Caroline Larouche
Me Vanessa O’Connell-Chrétien 
Me Jonathan Pierre-Étienne 
Me Pascale Vigneau

The voting period begins April 25th at 9 A.M. and ends on April 28 at 4 P.M.

I invite each of you to review the candidates’ profiles on the Barreau websites (Barreau du Québec and Barreau de Montréal) and to remember to vote. I would also like to offer a hearty congratulations to our incoming executive of the Barreau de Montréal, including the Batonnière, Me Julie Mousseau, and Lord Reading Past President, Me David Ettedgui, First Councilor.

War in Ukraine and our Annual Human Rights Lecture

As we watch from the comfort and safety of our homes, horrific images continue to reveal the atrocities being committed against the Ukrainian people and, in particular, the brutal treatment and executions of innocent civilians. On the occasion of our Annual Human Rights Lecture, we are eager to welcome Professor René Provost, Ad. E, of McGill University’s Faculty of Law, an expert in the field of international human rights law, international criminal law and international humanitarian law. Professor Provost’s lecture, From Aggression to War Crimes: International Law in the Ukraine Conflict will be followed by a question period. You can sign up for the lecture here. We invite you to submit questions either during the event through the “chat” function or beforehand to info@lordreading.org.

The Lord Reading Law Society condemns the Russian invasion of Ukraine. It is a clear violation of the rule of law and established principals of international justice. As a Society whose founding principles include advocating for and advancing human rights, we join with hundreds of bar associations and law societies world-wide in affirming our support for the basic principles of international law, and for the people of Ukraine.

The Honourable Eva Petras

We at the Lord Reading Law Society mourn the loss of Associate Chief Justice Eva Petras on March 9, 2022. Lawyers appearing before Justice Petras could expect to be challenged, but she ensured that the parties felt they were heard. As Associate Chief Justice, she ensured complex litigation files progressed through the system and more recently helped guide our judicial system through the pandemic, always steadfast in her dedication to the administration of justice. She did so with grace and dignity. You can read more about Justice Petras further below in this newsletter.

An endowment fund has been established in her honour at the Faculty of Law of McGill University. You can donate to the fund here.

The Society’s Young Bar Committee

Our Young Bar Committee will be announcing its spring event shortly, to take place in the month of May. Check out our website and social media channels, and keep an eye out for emails in the coming days and weeks for details.

In-person events

Spring is here and I believe we all could use a change of scenery. I continue to closely monitor the ongoing pandemic, and look forward to hopefully announcing an in-person event for June 2022 at which we can welcome summer together!

An early chag pesach sameach to you!

Doree Levine, President
Lord Reading Law Society

Remembering Eva Petras, 1950-2022

Allen Mendelsohn

The Society deeply mourns the loss of  the Honourable Eva Petras, Associate Chief Justice of the Superior Court of Quebec, who passed away March 9. Justice Petras was a dear friend and colleague to many generations of Society members. Prior to her nomination to the bench, she was a longstanding member of the Society and served on our Board of Directors. She was a fixture at the Society’s events, and her warm smile and demeanour were always welcoming to even the youngest of Lord Reading members, the author of this piece among them.

Justice Petras obtained her B.A from Marianopolis College in 1971 and her law degree from McGill University in 1980. After practicing civil and commercial law, she set up her own practice where she became a sought-after and respected family law specialist. She was appointed to the Superior Court of Quebec in 2006 and was named Associate Chief Justice in 2015. She taught family law at McGill and was an active member of the Quebec, Montreal and Canadian Bar Associations, where she served on many committees. She sat on both the General Council of the Quebec Bar and the Montreal Bar Council, and was active at the Canadian Judicial Council. By all accounts she was a jurist of honour, integrity, and brilliance.

Justice Petras will be missed. As mentioned in the President’s Message, an endowment fund has been established in her honour at the Faculty of Law of McGill University. You can donate to the fund here.

Leveraging Your Law Degree for Social Impact

Larry Markowitz

On February 10th, the Lord Reading Law Society hosted its annual student evening, featuring Jay Rosenzweig, entrepreneur, human rights advocate and philanthropist—and graduate of McGill University’s Faculty of Law.

In addition to running a successful Toronto-based executive search firm, Mr. Rozenzweig serves as Chair of the Board of the Raoul Wallenberg Centre for Human Rights and is internationally recognized for the annual Rosenzweig Report, which assesses the progress of women at the highest levels of corporate Canada.

Our guest speaker was introduced by Professor Irwin Cotler, Founder and International Chair of the Raoul Wallenberg Centre, former justice minister and past winner of the Lord Reading Law Society’s human rights award.

Mr. Rosenzweig began his talk by outlining the themes that have defined his career, namely humility and curiosity. He emphasized for the law students and young lawyers in the audience the importance of remaining a student of life who explores the possibilities that are presented to us by the universe. Many of Mr. Rosenzweig’s accomplishments have been the result of his not hesitating to engage with individuals and learn from them.

Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did do. So, throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.
— (attributed to) Mark Twain

The law deans and law professors in our virtual audience were certainly in agreement when our guest pointed out that, despite the fact he is no longer a practicing lawyer, his law degree continues to come in handy on a daily basis. Whether negotiating cross border investments, employment contracts for the executives he recruits or advocating for human rights in his role as Raoul Wallenberg Chair, having a “legal grounding” is essential.

Despite the time Mr. Rosenzweig consecrates to his many professional activities and personal interests —which also include songwriting and investing in tech start-ups—he remains grounded on a personal level:

Being a husband and father is my Number One role
–Jay Rosenzweig

Mr. Rosenzweig’s unconventional career path is a reminder that lawyers can be entrepreneurial and should remain open to whatever serendipitous possibilities present themselves. He recounted a chance encounter with former National Basketball Association star and human rights advocate Dikembe Mutombo that initially led to a last-minute invitation to fly to New York City for dinner and eventually a collaborative relationship that continues to this day.

Mr. Rosenzweig reminded the young lawyers and law students in the audience of the value of seeking constructive feedback and leveraging the lessons learned to seek constant improvement. Each of us progresses along our own path and at our own speed.

Don’t compare yourself to others; follow your own path.
–Jay Rosenzweig

In thanking our guest speaker for his inspirational talk, Society past president Greg Azancot, a friend of Mr. Rosenzweig since childhood, described him as having a “heart of gold”.

The students and young lawyers present—and probably many of the more seasoned lawyers, as well—were reminded of the importance of leveraging our law degrees in directions that extend beyond the strict parameters of a law firm. Jay Rosenzweig’s unique career path is a prime illustration of the doors that a law degree can open!

A set of selected photos from the evening can be found on our Facebook page

Congratulations to our Student Award Winners!

Larry Markowitz and Allen Mendelsohn

One of the many Zoom breakout rooms for cocktails!

Despite once again having to hold our very important Annual Student Dinner in virtual mode, the Society did its best to replicate the collegiality of our in-person gatherings by holding a virtual cocktail hour for law students and veteran lawyers alike prior to the featured talk, by using the Zoom breakout rooms feature. The conversation and drinks flowed, and everyone had a great time!

After the virtual cocktail hour, the Society presented its annual academic prizes to the deserving winners from the law faculties at McGill, Université de Montréal, UQAM, Université de Sherbrooke and University of Ottawa. The Society congratulates all the deserving winners:

  • Joseph Alexandre Bardawil (University of Ottawa – civil law section)
  • Éliane Duguay (Université du Québec à Montréal)
  • Milo Hallak (UUniversity of Ottawa – civil law section)
  • Andréanne Labonté (Université de Montréal, the Larry Glazer Award)
  • Rosalie Poulin (Université de Sherbrooke)
  • Hannah Reardon (McGill University)

The Society looks forward to welcoming you all in person in the not-too-distant future!

Society Humour

February 2022

Editors – Allen Mendelsohn, Larry Markowitz and Stephanie Perlis

President’s Message

Doree Levine, President

(cliquez ici pour lire le mot de la présidente en français)

Dear Colleagues, Honourable Judges, and Friends of the Society,

In our pre-Omicron December newsletter, I was thrilled to announce our return to live events in January 2022. Needless to say, that was a short-lived plan, but was made with the best of intentions, and I remain positive and hopeful that I will be able to welcome you all in person before the summer. In the meantime, we will continue to use the Zoom platform to keep your intellectual appetites satisfied until such time as we can fill your stomachs as well.

Our next lecture is our Annual Student “Dinner”. It will take place on February 10, 2022. We are delighted to welcome Mr. Jay Rosenzweig, trained lawyer, business consultant, entrepreneur, human rights advocate and philanthropist, whose talk is entitled Leveraging Your Law Degree for Social Impact. Mr. Rozenzweig is Chair of the Board of the Raoul Wallenberg Centre for Human Rights (RWCHR) and is internationally recognized for the Annual Rosenzweig Report, which assesses the progress of women at the highest levels of corporate Canada.

Mr. Rosenzweig’s talk will be preceded by an introduction from Professor Irwin Cotler, founder of the RWCHR and longstanding friend of the Society.

Our Annual Student dinner is also when we host law students, stagiaires and Barreau students, and present the Lord Reading Law Society annual academic prizes to the deserving winners of McGill, Université de Montréal, UQAM, Université de Sherbrooke and University of Ottawa. I look forward to welcoming the award recipients, as well as representatives from each law faculty.

The event will begin at 5:30 pm with a “virtual cocktail” in break-out rooms on Zoom, to allow you the opportunity to reconnect with familiar faces, greet our students and guests, and enjoy the collegial atmosphere of our dinner events that we miss so much. I encourage all of our members and friends to join us at 5:30 pm to warmly welcome the students and stagiaires to the Society.

Please register at this link. Please note that students and stagiaires are welcome to join free of charge, but must register in order to receive the Zoom link.

I look forward to seeing all of you, and wish you the best of health and joy and a Happy New Year.

Doree Levine, President
Lord Reading Law Society

Justice in the Time of Covid: A Conversation

Allen Mendelsohn

On December 9th, the Society was delighted to welcome Professor Vardit Ravitsky and The Right Honourable Justice Beverley McLachlin PC CC for an engaging, interactive discussion entitled Justice in the Time of Covid: A Conversation.

The panelists were introduced by Lord Reading Past President Ian Solloway, who shared some fascinating stories about both Professor Ravitsky and Justice McLachlin and highlighted all their obviously extensive qualifications!

This was not the usual talking head lecture, but instead an interactive discussion moderated by Lord Reading President Doree Levine. Doree introduced the format by saying “I had envisioned this as the three of us sitting on a podium with a cup of coffee or a glass of wine to have a nice conversation,” and of course while we all wish that were possible, the Zoom format worked quite nicely for the conversation. Doree highlighted some of the effects the pandemic has had on justice and injustice, and noted that we as lawyers have not really had that discussion in depth, so we were very pleased to have the opportunity.

Doree’s first question to the panelists was a broad one – what lessons has the pandemic taught us about injustice in our society? Justice McLachlin replied by calling the pandemic “the great revealer” because it has highlighted the injustices in our legal system – the lack of capacity and lack of resilience in particular. She also described how the pandemic has shed light on the vulnerable in our Society as it relates to justice.

Professor Ravitsky, after noting the work that she and Justice McLachlin and others had done regarding COVID for the Pierre Elliott Trudeau Foundation (a “Commitment to Action Declaration”), agreed wholeheartedly with Justice McLachlin’s comments. She also stressed it was not just marginalized individuals who have suffered injustice as a result of the pandemic, but marginalized societies. She commented on Canada’s sense of national pride regarding human rights and justice compared to some other countries she has worked in, which made the “great revealer” all the more jarring. She then highlighted six examples of marginalization because of the pandemic, which she described as “compounded vulnerabilities”; these ranged from indigenous health to lack of internet access.

The President then asked Justice McLachlin about the pandemic’s effect on the justice system in particular.  Justice McLachlin’s answer focused once again how the pandemic has “revealed” all the endemic problems with the justice system, in particular access and open courts. She described a nightmare scenario – the abused woman who has to seek justice through the internet from her apartment, with her abuser sitting right there. She then called for a rethinking of all the processes of the justice system to more efficiently serve the community, with lessons taken from the pandemic.

Doree’s next question was to Professor Ravitsky about the healthcare system. Professor Ravitsky’s answer talked about numerous parallels with the justice system – “access to health care” is just as affected as “access to justice.” The pandemic has laid bare the issues with the structure of the health care system which had heretofore been mostly hidden.

The panelists then turned to the long-term implications of the pandemic. Justice McLachlin talked about the pandemic compelling the realization that “we are all in this together” – from the local community to the entire world. The vaccine “debate” has forced us to reckon with the divide between what is good for the individual and what is good for the community. Professor Ravitsky then joked that Justice McLachlin seemed to have read her notes for the evening, as she was about to say the same thing and agree with her again! She added that the field of “public health ethics” has always dealt with the interactions between individual and public health, and COVID has made this all the more apparent.

The President then opened the (virtual) floor to questions from the audience who were more than delighted to be able to unmute themselves to ask them! Questions ranged from the impact of technology on the justice system as seen during the pandemic to the line dividing individual liberties and the public good to the impact of COVID on emotional health. The panelists answered all the questions with thoughtful and intelligent insight.

The evening closed with thanks to the speakers from Past President Nancy Cleman and thanks to all the volunteers who make Lord Reading possible from Doree Levine.

The fascinating, informative and entertaining lecture is available online to view for anyone who missed it. Please email info@lordreading.org to get the link.

CLE Events of Interest

The Society is always delighted to promote events of interest to our members and friends, especially those providing CLE for lawyers. A couple of upcoming events have attracted our attention this month:

  • CIJA’s fifth annual Legal Conference Legal Perspectives 2022 – Rising Antisemitism: Legal Tools to Fight Hate, is an all-day event taking place Tuesday February 15th and has a tremendous lineup of speakers  and panelists to discuss this very important and unfortunately timely topic. You can find all the details and information about registering on the event website or the event page on Facebook;
  • The English-Speaking Section of the Montreal Bar’s Backstage at the Palace series on February 9th at 6 P.M. presents Lord Reading Past President Ian Solloway’s “War Stories of a Divorce Lawyer, or, How To Live Happily Ever After In The Practice Of Family Law”. More details and registration can be found on the Eventbrite page.

Your membership

It’s never too late in the season to become a Lord Reading member! Or to renew your membership! You’ll get all our Zoom conferences for free and access to special members-only events. And if we are able to return to in-person events before the summer, you’ll receive discounts on your dinner-meeting prices. You can become a member online here.

Mazel Tov!

To Society Past President Ted Goloff on his recent wedding to Marilyn Takefman.

Condolences

To the entire Michelin family on the passing of John Michelin. John was the brother of Past President Donnie, father of Society member Janet, and uncle of Past President Heather. May his memory be a blessing.

Society Humour