Observations on Advocacy from The Hon. John I. Laskin

Friends Who Argue

In this episode, The Hon. John I. Laskin, a former justice at the Court of Appeal for Ontario, sits down with Natalia Rodriguez, Partner at Conway Baxter Wilson LLP, to share his observations on oral and written advocacy. The wide-ranging discussion touches on the value and purpose of oral and written advocacy, the questions in judges’ minds that advocates should address, what makes a great factum, the importance of the moral high ground, and much more.

Some of former Justice Laskin’s writings on advocacy are available to TAS members in The Advocates’ Journal archive:

1. “A View from the Other Side: What I Would Have Done Differently If I Knew Then What I Know Now” (May 1998) 17:2

2. “Forget the Windup and Make the Pitch: Some Suggestions for Writing More Persuasive Factums” (August 1999) 18:2

3. “What Persuades (or, What’s Going on Inside the Judge’s Mind)” (June 2004) 23:1

The Hon. John I. Laskin
The Hon. John I. Laskin was a Justice of the Court of Appeal for Ontario from 1994–2018. During his time on the court, former Justice Laskin made significant doctrinal contributions to every area of the law within the jurisdiction of the court. A graduate of the University of Toronto Faculty of Law, Mr. Laskin had a distinguished 23-year career in private practice, focusing on civil and public law. He served as the head of the litigation department at Davies, Ward and Beck and was counsel to three royal commissions and three provincial inquiries.
The Hon. John I. Laskin has long been a writer, speaker and lecturer on topics related to oral and written advocacy, judgment and decision writing, and related topics. An extraordinary and committed teacher, he gave generously of his time to his clerks, to counsel and to his fellow judges.

Natalia Rodriguez
Natalia Rodriguez is a partner at Conway Baxter Wilson LLP. She practices civil litigation and dispute resolution, with an emphasis on commercial litigation, public law litigation and appellate advocacy. She has advocated at all levels of court in Ontario, the Federal Court of Canada, and the Federal Court of Appeal, as well as in commercial arbitration proceedings. Prior to entering private practice, Natalia clerked for three justices of the Court of Appeal for Ontario and for Justice Louis LeBel at the Supreme Court of Canada.
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