Ethos, Pathos, and Logos

The Best of the Advocates’ Society Journal 1982–2004


For the past twenty-two years, The Advocates' Society Journal has played a unique role in legal education in Canada. As a publication dedicated to informing advocates, it has brought together the ideas of leading legal minds to provide experienced and insightful views on both advocacy and advocates. Indeed, the Journal has provided a veritable "how to" for the practice of advocacy before courts and tribunals.

The twenty-four articles in this volume provide a sampling of the wisdom, the insights, the experience, and the humour that readers have come to expect from the pages of the Journal. The collection includes pieces by past and present justices of the Supreme Court of Canada and the Ontario Court of Appeal as well as several eminent trial lawyers. It covers all aspects of the art of written and oral advocacy in both criminal and civil trials.

The book is dedicated to the late David Sgayias Q.C., former Chief General Counsel of the Federal Department of Justice, and an outstanding counsel, author, and legal scholar.

Table of Contents


David Sgayias, Q.C. - An Appreciation
Justice W. Ian Binnie

The Importance of Advocacy
The Honourable John D. Arnup, Q.C.

The Many Faces of Advocacy
Justice John Sopinka

In Praise of Oral Advocacy
Justice W. Ian Binnie

The Argument of a Case at Trial
Justice Willian J. Anderson

The Conduct of a Non-jury Civil Trial
Justice Willian J. Anderson

Oral Advocacy in Matters Argued before Superior Court Judges
Justice Robert A. Blair

Advocacy in Jury Trials
John A. McLeish

Stranger in a Strange Land: Advocacy Before Administrative Tribunals
David Stockwood, Q.C.

Winning Strategies in the Civil Jury Process
Roger G. Oatley and Brennan Kahler

Appellate Advocacy
Justice John Sopinka

Appellate Advocacy
Justice Sydney L. Robins

Forget the Windup and Make the Pitch: Some Suggestions for Writing More Persuasive Factums
Justice John I. Laskin

What Persuades (or What's Going On inside the Judge's Mind)
Justice John I. Laskin

A Survivor's Guide to Advocacy in the Supreme Court of Canada
Justice Ian Binnie

Appellate Advocacy in an Abbreviated Setting
Justice George D. Finlayson

Advocacy in Jurisprudential Appeals
Justice Rosalie Silberman Abella

The Wrong Stuff: How to Lose Appeals in the Court of Appeal
Justice Marvin Catzman

The Wrong Stuff: Tip # 8
Justice Marvin Catzman

Losing Tip # 9: Make your Factum Read Like War and Peace
Justice Marvin Catzman

Losing Tip # 10: When the Law Is Dead Against You
Justice Marvin Catzman

Losing Tip # 11: Distinguishing the Indistinguishable (and a Note on Alphabet Soup)
Justice Marvin Catzman

Losing Tip # 13: Never Discard a Hopeless Argument
Justice Marvin Catzman

Losing Tip #14: Openers and Closers
Justice Marvin Catzman

Of interest...