“Van Breda, 10 years on”: A Chat about the Conflict of Laws with the Honourable Louis LeBel and Paul-Erik Veel

11/24/22 • 57 min

This episode features a conversation about private international law hosted by Gabriel Poliquin (Olthuis van Ert) with retired Supreme Court of Canada Justice Louis LeBel and Paul-Erik Veel (Lenczner Slaght). Marking the 10th anniversary of the foundational Supreme Court of Canada Club Resorts v Van Breda decision (written by the Honourable Louis Lebel on behalf of the Court) – which brought greater certainty to the question of when Canadian courts will assume civil jurisdiction, the guests discuss the positive nature of conflict of laws rules, the influence of civil law judges and the evolution of private international law in the internet age.

The Honourable Louis LeBel was appointed a justice of the Quebec Court of Appeal in 1984, and was appointed to the Supreme Court of Canada in 2000, retiring in 2014. He is now counsel at Langlois in Montreal and Quebec City. He received an honorary doctorate of laws degree from Laval University in 2001 and from the University of Ottawa in 2010, was awarded both the Medal of the Quebec City Bar and the Medal of the Quebec Bar, and was named a Companion of the Order of Canada in 2017. He has been an honorary member of the American College of Trial Lawyers since 2004.

Paul-Erik Veel is a partner at Lenczner Slaght in Toronto, where he practices commercial litigation with a focus on class actions. He appears regularly before Courts across the country, including at the Supreme Court of Canada. Paul-Erik is known for his groundbreaking use of legal data analytics to inform the practice of litigation, for which he was named one of the Top 25 Most Influential Lawyers of 2022 by Canadian Lawyer Magazine. In addition to his many activities, he also lectures in private international law at the University of Toronto. Paul-Erik clerked at the Supreme Court of Canada from 2009 to 2010 for the Honourable Louise Charron.

Gabriel Poliquin is counsel at Olthuis van Ert based in Ottawa. He focuses his practice on all aspects of civil and commercial litigation but with a special focus on public law including proceedings against the Crown. Mr. Poliquin is a trained mediator and offers alternative dispute resolution services in civil and commercial matters. When not acting in public or commercial law matters, Gabriel teaches private international law as a lecturer at the University of Ottawa’s Faculty of Law. Gabriel clerked at the Supreme Court of Canada from 2010 to 2011 for the Honourable Louis LeBel.

Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

Previous Episode

Observations on Advocacy from The Hon. John I. Laskin

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 RodriguezNatalia 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.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

Next Episode

The New Normal – Young advocates views on work arrangements “post-pandemic”

From fall 2021 to early 2022, three members of the Young Advocates Standing Committee’s Future of the Profession working group, Brendan McArthur-Stevens, Sara McGregor, and Zac Thiffault, conducted a survey of young advocates asking what they hoped for and expected from their workplaces as people started to return to the office. The survey – The future of advocacy and work arrangements ‘post’-pandemic: Perspectives of young advocates – provides insight into what young advocates are looking for in respect of remote and on-site work, mental health, and mentorship. In this episode, Brendan, Sara, and Zac discuss the results of this survey.
The results of their survey can also be found here: https://www.advocates.ca/Upload/Files/PDF/Community_Events/YASC/The-Future-of-Advocacy-Post-Pandemic-Perspectives-of-Young-Advocates.pdf
Brendan Mcarthur-Stevens is an associate at Blakes in Calgary. He specializes in complex commercial disputes and advising clients in the areas of constitutional and administrative law. Brendan also teaches administration law at the University of Calgary Faculty of Law.
Sara McGregor is a senior associate at Borden Ladner Gervais. She lives and works in Toronto but began her career in Calgary. Sara is currently on maternity leave but she maintains a broad disputes practice with a focus on complex commercial and civil litigation matters involving private and public companies, as well as individuals.
Zac Thiffault is an in-house legal advisor with the Métis Nation of Ontario, a role which focuses on Indigenous governance and Aboriginal rights. Before working with the MNO, Zac practised at a small full-service firm in Midland, Ontario, primarily practicing in the areas of civil litigation and estate planning.
The interviewer, Karen Bernofsky, is an associate at Stockwoods LLP in Toronto. Karen’s practice encompasses a range of complex corporate commercial civil litigation, administrative law, and criminal law with a focus on complex civil fraud claims. Karen is currently a member of the Young Advocates Standing Committee.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

Friends Who Argue - “Van Breda, 10 years on”: A Chat about the Conflict of Laws with the Honourable Louis LeBel and Paul-Erik Veel

Transcript

Speaker 100:00:02.729

Welcome to Friends Who Argue a Podcast from The Advocate Society.

Speaker 200:00:07.349

Each episode will bring you conversations with advocates across all areas of litigation who share their stories, insights, tips, and tricks from their journeys. As advocates,

Speaker 100:00:18.410

We hope you'll find this podcast informative, inspiring, and most of all entertaining, and that you'l