Celebrating Justice, Friendship, and the People Who Make It Possible

An Excerpt From A Speech Given by Paul Harte to the Ontario Trial Lawyers Association

To quote Shakespeare … not the killing all the lawyers bit from Henry VI which I find a little unsettling, but from the Taming of the Shrew … “do as adversaries in law, strive mightily, but eat and drink as friends.” If I may say, this particular group does the drinking part especially well.

But we are not the only part and probably not even the most important part of a system that provides justice to thousands of individuals in this province every year. Tonight, I would like to take my few minutes to celebrate the system that provides justice to our clients.

Our system of justice is the envy of much of the world. That is not to say that our system is perfect. No system is. There remain challenges. Limited judicial and court resources coupled with R. v. Jordan have created serious delays. Reform of contingency fee regulation is required to address potential conflict of interests between lawyers and their clients, while maintaining access to justice. But our system of justice has constantly faced challenges and it has consistently evolved (if at times slowly) to meet the changing needs of society. And will continue to do so going forward

But even with its imperfections, Canadians can and should be justifiably proud of their justice system. This truly remarkable system works only through the hard work, determination and skill of countless individuals, working toward a common goal including of course the people in this room tonight.

If you have never had an opportunity to attend the annual ceremony marking the Opening of Court, I highly recommend it. It is inspiring. Every major participant is represented and it is incredible to think about all the necessary moving parts. The system is entirely reliant on individuals. Individuals who are themselves, going through life with their own challenges, perspectives and belief system. The end product of the toil is one of the great civil justice justice in the world. Sometimes imperfect, sometime delayed, but far more often than not, objective justice.

At the centre of it all are the litigants that we serve. Individuals and organizations who entrust the protection and assertion of their rights to lawyers. One of my first cases as a plaintiff lawyer was a young girl named Katelynn. She had a brain injury because there was a delay in her delivery. She developed cerebral palsy. At the time, she was about 7 years old. Her family had modest income, less than 20,000 a year. I don’t know how they lived, much less cared for a disabled child. They had a small two-story house. And for years they carried their increasing heavy daughter up and down the stairs. A week into trial the case was settled. This little girl, now a wonderful young woman, obtained compensation which changed her life. After settling the case, we went to tell the parents. There were tears and hugs all around. It was an incredibly moving moment that has inspired me for much of my career.

I would like to acknowledge the defence bar that have consistently supported this event over the years. I was delighted to see a number of lawyers from the medical defence firm, McCarthy Tétrault here. McCarthy Tétrault lawyers have been opposite me more than any other lawyer firm. I am particularly pleased to see lawyer Frank McLaughlin here tonight. Because it reminds me of a story which exemplifies collegiately. Bruce Hillyer and I had a jury trial in Hamilton. It was hard fought. I was cross-examining a witness. It was an expert witness. I had a rare moment of competence. The cross-examination went well. At the break, Frank went over to my client to tell my client words to the effect that it was one of the better cross-examinations he had seen. It is spontaneous acts like that which make me proud of our profession.

Of course, we have to celebrate OTLA. OTLA is more than a professional association – it is truly an organizational family held together by a set of common core values and principles, not the least of which is a commitment to justice. We help each other in our respective practices without expectation of gain — or advantage — or recognition; we work together as a group to accomplish things that no individual or firm working in isolation could achieve — We do it because as individuals and as a group – we care.

On behalf of every lawyer and judge here, I would like to celebrate the individuals that make it possible for jurists to be their best. Few lawyers practice without the support of a dedicated staff. It is the staff that are among the may unsung heroes of our justice system.

Senator Jeff Flake quoted Abraham Lincoln in his recent address to the Senate announcing his intention not to run again. I can’t think of a better way to end off. He reported Lincoln as saying:

“We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory will swell when again touched, as surely they will be, by the better angels of our nature.”

So I leave you now to drink with friends