Karen D. Lundy, LLB.

04/10/2026

I enjoyed reading Margaret Atwood's memoir which was very interesting and candid.

I was struck by her mention that her partner's father was involved in the liberation of Bergen-Belsen concentration camp and also her mention about the Holocaust and the silence regarding it in the 1950s. A movie was made in 1965 by the National Film Board of Canada called Memorandum by Donald Brittain. It is about my late father-in-law Bernard Laufer going back to Bergen-Belsen where he was imprisoned. My husband, Joe who was 17 at the time of the movie accompanied him on the journey. Joe was one of 2000 Belsen babies born after liberation. Apart from my personal connection to the movie through marriage, the film is quite well done. It is 58 minutes long and in black and white and you can watch it online by googling nfb memorandum.

The movie won awards and is relevant today dealing with themes of responsibility, accountability and the banality of evil.

Ms. Atwood is quite right about the censorship of the Holocaust images after liberation. The then powers that be were concerned about traumatizing people by publicizing the pictures. They are difficult to process. Also, with the exception of my late father-in-law, many survivors were not able to discuss what happened for complex psychological reasons.

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04/07/2026

Memorandum

On February 7, 2026, my husband screened Donald Brittain’s National Film Board movie Memorandum for our synagogue.

Memorandum is an award winning documentary movie made in 1965 about my late father-in-law, Bernard Laufer and husband, Joe then age 17, returning to Bergen-Belsen, the N**i concentration camp where my husband was born after liberation. The movie is in black and white and is 58 minutes long.

Bergen Belsen was originally a military base established between 1935 and 1937. In 1940, it was converted to a Prisoner of War Camp. The SS overtook Bergen-Belsen in April 1943 and used it as a concentration camp. In 1944, the camp was used to hold thousands of Jewish prisoners who were evacuated from other concentration camps. The N**is sent at least 85,000 men, women and children to Bergen-Belsen. These prisoners lived in terrible conditions with overcrowding, bad sanitation, inadequate food, water and shelter. These conditions caused outbreaks of diseases including typhus, tuberculosis, typhoid fever and dysentery resulting in further deaths. Tens of thousands of prisoners died in the early months of 1945 including Anne Frank and her sister Margot.

The British Army liberated Bergen Belsen in April 15, 1945. At that time, they found 55,000 prisoner alive but many seriously ill. Thousands of dead bodies were unburied on the ground.

The survivors established newspapers, a police force, sport teams, schools, theatre, arts and cultural programming. My husband was one of two thousand Belsen babies born after the war. The camp was closed in September 1950 with the displaced persons immigrating to Israel, United States and Canada.

The survivors of Bergen-Belsen organized a trip back to the camp in 1965 for the 20th anniversary of liberation of the camp. The National Film Board requested to film the event and focused on my late father-in-law. Bernard Laufer was a good choice as a representative of the survivors. In a time when survivors were reluctant to speak about their experiences, Bernard Laufer was an excellent witness because of his direct and authentic personality.

When my father-in-law and husband returned to the camp, they were dismayed to find it had been turned into a park. My father-in-law cried out against an attempt by the Germans to cover their tracks over the unspeakable horrors that took place there.

The movie brilliantly weaves my father-in-law’s journey to the new Germany into important themes and historical context. The title Memorandum refers to Hitler’s memorandum concerning the final solution to the Jewish problem. The Gestapo officers who murdered by memorandum were acquitted because there was no proof that they personally killed anyone. The film warns us that this could happen anywhere that people have short memories and forget the past. The themes of responsibility, accountability and the banality of evil apply to what is happening today.

02/26/2026

I recently watched Henry Louis Gates’ series Black and Jewish America: An Interwoven History which was interesting and thoughtful. The Jews were very involved in the Black Civil Rights movement and because of their experience with the Holocaust were committed to eradicating racism.

In this four-part series, Dr. Gates documents the ups and downs of the relationship between Blacks and Jews. The relationship began to fray when some Black leaders wanted to assert their independence from the Jews. There was resentment from social factors involved when less fortunate Blacks were in a tenant relationship with more affluent Jewish landlords. There was an unfortunate development where some Black leaders became antisemitic and spread falsehoods abut Jews being instrumental in the slave trade. To his credit, Dr. Gates, who was a university professor, spoke up for the Jews at that point and corrected this factual error.

In the last of the series, Dr. Gates presented the further deterioration of the relationship after October 7, 2023. He expressed sympathy for the Jews after the brutal attack on innocent civilians by Hamas. My criticism of Dr. Gates’ portrayal in the series was when he commented that the Blacks’ sympathy for the Jews diminished significantly when Israel defended itself after the attack. He showed a heartbreaking picture of the innocent Palestinian civilians wounded in a land demolished by Israel. His explanation was that because of this action, the Blacks viewed Jews as colonial aggressors against defenseless victims. This is not a fair representation of the facts. In defense of Israel, it was in the difficult position of needing to remove Hamas, a terrorist organization dedicated to genocide of the Jews and destructions of Israel. Israel also needed to rescue the hostages taken and being tortured by Hamas. Israel had no desire to harm innocent civilians, and it was Hamas who was using these civilians as a human shield so that they could achieve their goal of destroying Israel. By having the heartbreaking picture publicized, Hamas has succeeded in winning a propaganda war against Israel and fanning the flames of anti-Semitism worldwide. As a scholar and ethical person, Dr. Gates should have taken care to put that picture in context.

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12/02/2025

We want to share a little more about who we are — the families behind FAIR.
We are overwhelmingly a network of mothers.
Many of us were, or still are, single mothers.
Mothers to children with disabilities of every kind — physical, intellectual, developmental, medical, behavioural, mental health–related, autism spectrum, and combinations of all of the above.
Some of our children are medically fragile. Some require total care. Some cannot speak. Some cannot walk. Some cannot be left alone for even a moment.
Most of us have had to fight for every inch of support our children have ever received. Nothing has ever come easily. Nothing has ever been handed to us.
Many fathers are no longer in the picture.
Families fracture under relentless crisis.
Some of us have carried our children’s entire lives on our own shoulders.
For those lucky enough to have school support during the day, that time became our lifeline — the only hours we had to work, shop, run errands, or simply breathe. But many schools couldn’t support our children’s needs, so we were called home again and again until eventually… some of us lost jobs. Because how many times can a parent leave work before the job disappears?
And when we were home, we weren’t resting.
We became nurses, therapists, educators, advocates, and caregivers — on top of doing the cooking, cleaning, bills, laundry, and everything else life demands.
We fed our children.
We moved their bodies.
We carried them, bathed them, dressed them, toileted them.
We managed suctioning, tube feeding, seizures, medications, wheelchairs, meltdowns, behaviours, hospital stays, and sleepless nights.
Some of our children cannot turn on an iPad, use a remote, read a book, eat independently, or communicate their needs.
We became their voice because they cannot speak for themselves.
And we did it all exhausted — sometimes dangerously sleep-deprived — but always with unconditional love.
Eventually, as our children became adults, we reached a point many people cannot understand.
Not a moment of failure — but a moment of realism.
A moment where we knew that one exhausted mother cannot keep doing 24/7 care forever.
We were told that group homes funded by the Ontario government would give our adult children opportunities, inclusion, growth, and support.
We were told they would have activities, outings, friendships, community connection, and trained staff who understood their needs.
We were promised our children would thrive.
People on the outside sometimes call us “the lucky ones” because our children got into a group home — especially with the waitlist for Developmental Services now at over 50,000 people and climbing.
But if only they knew.
Instead of support, many of our children receive the bare minimum — or less.
Many spend their days sitting in front of a television with no activities, no communication, no engagement, no stimulation.
They are not being supported to grow or maintain their skills.
They regress.
They lose abilities.
They lose their spark.
Staff turnover is constant.
The people caring for them often do not know them.
And the people who do know them best — their mothers — are slowly shut out.
Advocacy is met with retaliation.
Families are silenced, restricted, intimidated, or told:
"If you don’t like it, take them home."
If only it were that simple.
We are exhausted.
We are burnt out in ways that don’t even have words.
We have spent decades advocating, navigating systems, fighting for services, and trying to protect our children from falling through cracks big enough to swallow them whole.
And here is the truth that keeps us up at night:
If we do not fix this system before we die… what will happen to our children when we are gone?
Who will speak for them?
Who will protect them?
Who will love them as fiercely as we do?
This isn’t just our story.
It’s a warning.
A call to action.
A plea for change.
Because if this system continues failing our children… it will fail yours too.
Your grandchildren.
Your neighbour’s child.
Your friend’s child.
Anyone who becomes disabled, injured, or vulnerable.
This is why FAIR exists.
To fight for change — loudly, publicly, and together.
Because our children deserve lives of dignity, safety, and joy — not merely survival.

11/24/2025

EFFECTIVE ADVOCACY TIPS FOR LAYPERSONS

There may be times when a person untrained in law needs to advocate for themselves or a loved one. The reason may be an inability to afford or obtain legal representation in spite of attempting to access justice as discussed in Chapter 3 of this book. Another reason is that the Ontario bar is generally reluctant to take on lengthy litigation on contingency in matters where the outcome is uncertain. Many lawyers are not prepared to take on matters that fall within the jurisdiction of Small Claims Court which deals with civil cases capped at $35,000.00 although paralegals may be a possible alternative in that situation.

The law is complex and specialized. This article will deal with general advocacy tips. Being able to speak up for yourself when there is a problem is an essential life skill. Advocacy skills will enable you to achieve the best result in negotiating life. For example, if you require funding for your loved one and do not receive sufficient funds or if you are denied benefits, you should object to the decision and tell your story to support a request for more funds.

This general discussion is also a good summary for lawyers starting their practice. The courts are more formal than Tribunal and have more stringent etiquette and procedural rules than Tribunals. It is important to familiarize yourself with the rules and procedures of the court or Tribunal hearing your matter. This can be done by reading the court or Tribunal rules, visiting the website of the court or Tribunal and observing a hearing in advance of your case.

It is also a good idea to at minimum consult a lawyer to assist you in preparing your case. You should also make use of Steps to Justice which can assist in completing court documents. Some court forms can be difficult to complete and/or are required to be sworn before a lawyer or Commissioner for Taking Affidavits. An example is an affidavit which is a sworn statement that is used to present evidence in court.

Advocacy in the Community

Parents, in particular parents of children with developmental delays who do not have the capacity to manage their finances or medical care, must be the voice for these children. Parents should take the Nonviolent Crisis Intervention training program and update their skills regularly to keep everyone safe. Your children may behave in ways that seem strange to the general public. The general public and even service providers may not understand your child. They may react insensitively, rudely and even abusively. These actions may trigger or exacerbate a meltdown which can be scary and dangerous. Parents and caregivers who have the experience and have educated themselves about their child’s disability know how to handle their child. Strangers may attempt to interfere and make the situation even worse. These situations are more prevalent when the child has an invisible disability such as autism and strangers assume that the child’s behaviour is unacceptable and/or the result of bad parenting. This is presumptuous and infuriating as these strangers do not know or understand your situation. As a parent or caregiver’s first responsibility is to keep their child safe, they are unable to deal with the people who interfere. A good strategy is to ask the organization supporting neurodiverse individuals to print out laminated cards that you can hand out when needed. The card may state that your child has neurodiversity such as autism, explain briefly what the condition is, state that you know how to handle your child and that they should not intervene unless asked. The card will also provide contact information for the organization should the person want further information.

The organization also can create advocacy cards that you can distribute to service providers. The cards will identify the individual triggers of your child and tell the service provider how to best handle them. For instance, if your child is sensitive to criticism, the card will instruct the service provider to be friendly and calm. The card will instruct the service provider if there are any words or sensory issues that trigger your child. Triggers may be when someone says “Don’t” “Stop” “Shh” “Enough”. The card will emphasize the use of positive and constructive rather than negative language.

Be proactive. You should alert the service provider in advance of your child’s special needs and request accommodation. If you are travelling with your child, you need to call the Airlines in advance and alert the Airlines of your child’s special needs. Unfortunately, the Airline personnel may not have understanding of neurodiversity. This has resulted in autistic individuals being removed from airplanes.

You should contact the hospitals or medical facility where your child is being treated in advance. The medical facility may provide accommodation so that your child is not kept waiting in a noisy and crowded place for an extended period of time. The staff need to understand your situation so that they do not react to your child’s behaviours in a manner that further escalates your child. You will need to assist medical health practitioners during medical appointments. If your adult child does not have capacity, you will need to make medical decisions for your child. You will need to prepare your child in advance about what will happen during the appointment. This can be effectively done through the use of Social Stories. Your child will be less anxious if they are empowered by knowing what is going to happen. You may have to assist the doctor so that your child cooperates with the medical examination. This may involve reassuring the doctor that your child is tolerating the examination. You know your child best and are able to determine and inform the doctor of the signs of an oncoming meltdown.

Some organizations can be helpful by consulting with and training service providers on how to deal with special needs persons. These organizations have had success training police officers on how to respond to people in crisis so as to deescalate rather than exacerbate potentially dangerous situations. It is important that the service providers welcome and invite these organizations in to their facilities and are open to the suggestions by the organizations. The organizations’ suggestions are generally better received by service providers than that of a parent advocate.

Doctors and other treating professionals such as psychologists, speech language pathologists and occupational therapists who care may also be helpful resources in advocating for disabled persons by providing support for requests for treatment, resources and accommodation. They also may serve an educative function for service providers who are receptive to their input.

Effective Complaints

(1) Letters of Complaint and Objections

Effective advocacy is not just for court. A good advocate can negotiate problems in life by stating their problems and negotiating a favourable outcome without needing to litigate. You begin with a talk with the other party to let them know what your issues are. If the talk is not productive, you can escalate with a verbal complaint to that party’s supervisor. If the supervisor does not assist in resolving the matter in a reasonable time (for example, a month), you need to put your complaint in writing.

A complaint in a letter should
• Set out the issue
• Be short and to the point
• Be addressed to the responsible person
• Written on computer and spell-checked
• Explain how the problem affects you and your disabled loved one
• State the outcome you would like specifically with brief reasons for your request
• Request a reply within a timeframe
• Be copied to the supervisor
• Include your return address

It is difficult to be an advocate in your own cause. There is a saying that a lawyer who acts for themself has a fool for a client. However, there is a case to be made for committed advocacy. Do recognize that when you are too close to a situation, your judgment may be clouded by your emotions. It is a good idea to have an impartial person such as a consultant from the organization representing disabled people vet your letter for effectiveness before you send it.

If you do not receive a satisfactory response to your letter, you should request an early meeting with the responsible person. Do not delay in making your complaints.

Preparation for Meetings and Conferences

You should give specific details of your complaint focusing on one issue at a time. Try to find a solution that everyone is comfortable with if possible. Confirm major points of an agreement. If you are being disrespected, reschedule the meeting and bring a support person such as a person from an organization representing people with disabilities to future meetings. Show the other people at the meeting that you know your rights. Diarize the details of the next meeting. Make notes during the meeting and request documentation following the meeting. Confirm your understanding of the meeting in a letter to the chairperson. If the other party does not implement a plan properly, make sure the supervisor accepts responsibility for implementing the plan and understand that they will be held accountable if the plan is not implemented properly.


(1) Documenting your Case

You will need to obtain and organize documents in a file and review them before dealings with the organization, Tribunal or court. The relevant documents will depend on the nature of your matter. If the matter involves an educational matter with your child’s school, you should organize and review the medical and professional reports, school reports, work samples, correspondence from the school, notes of telephone calls and meetings with the school, notes of observations and concerns about your child.

For family law matters, you will need to organize and review your financial information including tax returns, expenses such as household expenses for food, clothing, health care expenses, assets and liabilities. If the family law matter includes decision making of the child or parenting time, you will need the child’s medical and professional reports.

If the matter is for disability benefits, you will need medical reports, hospital records, list of medications taken, and bills for disability related expenses. If the disability benefits are income dependent, you will need your income tax returns and documents relating to your assets.

A well documented complaint is more likely to be resolved in your favour. However, some organizations such as insurance companies and sometimes the Workplace Safety and Insurance Board (WSIB), continue to uphold unfair decisions. Unfortunately, some companies are playing a game where the odds are that they can delay you moving your matter forward by stalling you. In the situation of insurance companies, the smart thing to do where the insurer is playing games is to take the matter out of their hands. That means retaining counsel. A lawyer or paralegal can assist with WSIB matters. However, paralegals may not be able to assist with insurance cases that are worth more than $35,000.00. You will need a lawyer in that case. Lawyers will usually accept insurance cases on contingency which means you do not have to pay until you get your money. It is not wise to self represent against insurance companies. These companies have deep pockets and have the best legal representation. The playing field is not equal. The law firms representing insured people know how to deal with insurance companies. You should book a consultation with them as soon as you receive the denial letter from your insurer.

In all aspects of advocacy, preparation and integrity are very important. You must be prepared to tell and support your position. If there is a good paper trail supporting your position, the other party will have a more difficult time denying what you say and/or saying you misinterpreted what happened.

Integrity is crucial to gaining credibility and the trust of the other party and adjudicator. It is a consistent requirement throughout disability law that you have a responsibility to take every reasonable step to get physically better and return to employment. If you do not do so, you may be perceived as a malingerer. If you exaggerate or get your facts wrong, the other party or adjudicator may not believe you even when you are telling the truth. Remember the fable about the Boy Who Cried Wolf. The constant fabrication that has permeated the United States will not be well received in a Canadian court of law or Tribunal. The judiciary is very well educated and not easily fooled. Lawyers are held to a high standard as they are officers of court. They are governed by the Law Society of Ontario and have a duty not to mislead the court most especially on a point of law.

(2) Signing Documents

Do not sign documents unless you understand what you are agreeing to. Do not let the other party pressure you to sign the document immediately. Take the documents with you to review. It is prudent to get legal advice on before you sign the document. You can request changes to be made to the document.

(3) Advocating when the Other Party Plays Hardball

A key factor influencing your advocacy will be whoever is on the other side of your case. In the best case scenario, the other side will be civil and courteous and you will be able to resolve your issues in a mutually beneficial manner. Unfortunately, not everyone plays the game that way. This is most likely to happen where there is a power imbalance between the advocate and the organization. Some people will be discourteous by not responding to your correspondence. They will stonewall and delay your matter without compelling reason to do so. They may make personal verbal attacks against you. If the other party is a lawyer or professional and behaving in this matter, there is recourse through the Law Society or governing body Complaint procedure. Except in the most serious cases, the complaint should be made after the matter is finished. Many times the other party is a government department. Complaints are made through their internal processes. The Workplace Safety and Insurance Board has the Fair Practices Commission, an Ombudsman that may be of assistance.

Some organizations will use unfair tactics in an attempt to shut down your requests such as delay which effectively prevents you from obtaining justice. If you do not get a response to your correspondence from the government department in one month, you must follow up with a letter complaining about the lack of timely service. If the delay continues for some months, as is often the case with Workplace Safety and Insurance matters, you need to contact the supervisor of the person who has not responded and complain. If you do not receive a satisfactory response from the supervisor in a few days, you should call the Fair Practices Commission.

The other side may repeatedly ask for indulgences such as more time to respond to your requests. While it is reasonable to cooperate with the other side when it does not prejudice you to do so, boundaries need to be set when the requests are excessive. You will need to firmly state in writing that you will have no choice but to escalate the matter unless you receive a response within two weeks of the date of your letter.

The other side may be an organization with a mandate to support vulnerable people needing their help. This organization may make numerous requests for information and documents even though the advocate has provided everything to which the organization entitled. The advocate will need to know the intricacies of the law and policies which is a problem for most of the people these organizations serve.

In order to prevent you from advocating, organizations may go on the offensive and focus on your behaviour. They will raise their voices and call you demanding, unreasonable or inappropriate merely for advocating for your child or disabled loved one. The important thing to do in this situation is not to be intimidated by these organizations or take the bait when they make personal attacks against you. The best strategy is to politely but firmly say that is not true when they make false allegations and be persistent in moving your request forward through the system. This is a very difficult but important part of advocacy.

The Workplace Safety and Insurance Board and Long Term Care facilities may refuse to accept medical assessment supporting your child or disabled loved one even when the medical assessment was commissioned by the organizations and prepared by duly qualified professionals. You must push such matters through the appeal and complaint process.

The organization such as a school or long term care facility frequently will mistake dates, information, law and policy in areas which they should know. Unfortunately, these may be deliberate misrepresentations made in bad faith. The principal or management will misstate the law and demand that you can comply with rules they have misinterpreted or effectively made up. Even if you know they are wrong in law and ask them to state the legislation and policy they are referring to, they will not respond to your request and will repeat their position in a loud voice. They will become defensive and circle wagons against you. They view your advocacy as a personal attack and will tell you that you are aggressive and intimidating. If you challenge them, they will threaten reprisals which can be a trespassing order or discharge from the facility. This is a violation of the Human Rights Code. However, they may follow through on their threats and you will be forced to go to a Tribunal to protect your rights.

Written Advocacy for Court and Tribunals

When the other party is unreasonable, you will need to go to court. Court is unfamiliar to many lay people. If you are self representing, it is more difficult because of your emotional involvement in the matter. Your knowledge of court may come from television shows which do not accurately reflect real life.

Every court or Tribunal has its own rules, forms and culture. You must complete and file the correct form to deal with your complaints. This is discussed under the individual chapters dealing with the Social Benefit Tribunal, Social Security Tribunal, Tax Court, Human Rights Tribunal, Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals Tribunal, Family Law, Guardianship, Housing and Employment. The following is a general discussion on drafting written court documents.

(1) Requesting Accommodation

You should promptly submit a written request for accommodation from the Tribunal or Court. A Provide detailed information as to why you need accommodation. If you are deaf or hard of hearing, the Tribunal or court can provide a sign language interpreter, a deaf-blind intervener, or real time captioning. If you have a visual impairment, the tribunal can provide forms and other documents in accessible formats for screen readers, large print, or Braille.

(2) Research the Law

You will need to research the law and any tests you need to meet in argument to ensure that you can get the desired result. The law consists of legislation and cases which interpret the legislation. You should state any legislation that supports what you are requesting. You can rely on cases that have similar facts to yours if you are requesting the same result. There is a hierarchy of cases with the Supreme Court of Canada being the strongest support, the Ontario Court of Appeal next then the Ontario Superior Court of Justice followed by the Ontario Court of Justice. Cases from other Canadian provinces may also be considered. The Tribunals have their own cases as well. The Workplace Safety and Insurance Board relies on the legislation and policy and puts less emphasis on cases. In order to find helpful cases, you should visit the Tribunal or court website. You can also search for decisions online at CanLII. You need to give copies of any cases you are using to the adjudicator and other party at the hearing.

(3) Court Documents

(a) You must be able to support what you state or plead

(b) Adapt your written work to the nature and purpose of the court or Tribunal appearance.

(c) Check your any written submissions for spelling or grammatical errors

(d) An affidavit or statement sworn under oath should contain facts, not argument

(e) Use headings – either chronological or subject. This is very important and helps the reader (the judge) to stay focused

(f) Use charts or lists when appropriate

(g) Pay careful attention to page limits and filing deadlines. Some courts will not accept late filing even when the other party consents.

Oral Advocacy for Court and Tribunals

It is a good idea to observe a hearing before in advance so you have a better idea of what to expect when your application is heard. If you are familiar with the setting, you will be better able to focus on your presentation. Preparation for hearing is essential. Documents, evidence and witnesses should be prepared well in advance of the hearing. The court documents will need to have been filed within the page limits and filing deadlines with the court and served on the other party according to the court or Tribunal rules. The court requires you to upload court documents to Caselines or Case Center. You must learn how to use it.

Do not delay in raising time sensitive issues. This may mean bringing a motion before a judge in order for the court to deal with it before the hearing. You should prepare opening, closing statements and an outline of the questions you want to ask in advance. You should also prepare a draft order on the court forms which you should take with you to court. If you are successful, the judge may be able to sign your draft order at the hearing and the order can be enforced quicker.

You must always be mindful of the adjudicator. You need to know your judge and opposing party. If you have not appeared regularly in court, you may need to check online and read their decisions so you will have some background information about them. Every judge is an individual and may conduct cases differently. Some judges may want more control over the questioning and may interrupt your presentation. You should be receptive to what the judge wants and flexible in your presentation. If the judge interrupts you, do not leave out something you want to say but address the judge’s concern at the time and come back to the point you were making later. This is called pivoting and is a good advocacy.

(1) Courtroom Etiquette

There are many formalities that must be observed in court. It is important to show proper respect to the court and the judge. The rules are more relaxed in Tribunals. The courts have been conducting many hearings since COVID by videoconference. The same etiquette rules apply to virtual hearings except for the need to stand. These rules apply to new lawyers as well as laypeople.

(a) Dress appropriately. This means that nonlawyers should dress in business casual. Lawyers should wear gowns when required.

(b) Turn off all electronic devices not being used in the hearing.

(c) Stand up when the judge enters or leaves the hearing room and when you are speaking to the judge. You are not obliged to do this at Tribunals.

(d) Call the judge “Your Honour” and ask the judge for permission to speak before you begin speaking. At Tribunals, the adjudicator is addressed as Member, Chair or Vice Chair.

(e) You should choose to stand to make your submissions if allowed. Standing at the podium will better command the judge’s attention.

(f) Address witnesses by their title (such as Doctor or Professor) or by their identified pronouns not their first name.

(g) Make eye contact with the judge. Do not just read your material.

(h) Use expression when you talk and humour when appropriate to engage the judge.

(i) Use appropriate volume and pitch when speaking. Be conscious of speaking in too high a pitch if you are nervous. Speak clearly and slowly.

(j) Speak directly to the judge, not to the other party, except when you are examining a witness.

(k) Manage your time effectively. Court time is valuable.

(l) Pick your battles. You may not be able to address all the issues. Concentrate on the most important and strongest points of your case.

(m) Ask the judge if they want you to review the issues. Sometimes the judge will not need you to make opening submissions.

(n) Be respectful to everyone at all times. Even if the other party is infuriating, do not make personal attacks or roll your eyes. Never use bad language or gestures in court.

(o) Do not interrupt other people and especially do not speak over or interrupt the judge except to object to an improper question.

(p) Do not fight with the other party or argue with the judge.

(q) Do not raise your voice. Speaking loudly will not convince the judge that you are right and may be counterproductive.

(r) Control your body language. Do not be aggressive in tone or gesture. Be direct and strong in delivery but not angry or inflammatory.

(s) Keep calm. There is a lot of pressure involved in litigation. Do not let the other side or judge throw you off guard. Anticipate questions and pivot without losing your focus. If you do not know the answer to the judge’s question, ask for time to consider it.

(t) Handle court interruptions graciously. Respectfully address any concerns the judge has with your position. The fact that the judge raises issues does not mean that you have lost your case. The judge may simply be seeking your help in providing the reasoning for their decision.

(u) Do not repeat yourself unless the Judge has lost focus.

(v) Pay careful attention to what the parties, witnesses and judge say. You should take notes while you are in court and you can also ask court staff for a copy of the digital recording that is being made. Do not use your own recording device without permission from the court.

(w) You may drink water but do not eat food or chew gum.

(x) Hand any documents you wish to give to the judge to the court Registrar.

(2) Your Opening and Closing Statements

In your opening statement you can briefly state the outcome you want. For example, “I am asking for entitlement for physical and psychological impairment as a result of my work injury.” You should also state any alternative order you may need and the other side’s position to your case. It is a good idea to have a Plan B in case the court does not want to grant the order you are seeking. The orders you are asking for should be reasonable and based on the evidence in your case. Tell the court about any points on to which you and the other party agree and any points on which you disagree. Organize your submissions logically so the judge or other party does not have to flip through the documents to follow you. You may mention the witnesses you plan to call and briefly describe the evidence they will give. For example: “You will hear from two witnesses. Savitri Khan will tell you that there were boxes in the area which caused me to trip and fall at work. Mary Stone will tell you that the boxes were a constant hazard in the work environment.”

You should make your strongest points to the court. Choose the most significant three issues to focus on. Lead and finish with the strongest issues. Practice reading the submission before going to court and make any necessary revisions.

Your closing statement should be longer than the opening statement. Closing statements are made after the witnesses have been called. If you make your closing statement orally, the applicant goes first, followed by the respondent. The applicant then may reply to the respondent’s statement. The judge may request that closing statements be delivered in writing. You should demonstrate to the adjudicator that the law and evidence supports a decision favourable to your case. You will have to revise your draft statement depending on what happens at the hearing. You can try to show why the Respondent’s witnesses should not be believed. To do this you should point out inconsistencies or mistaken facts in their stories. You mention things revealed at the hearing that suggest the witnesses are biased or untruthful. You can explain any problems there may be with your own witnesses’ testimony. Deal with any weaknesses in your case but end on a strong note. Explain how your evidence proves the losses you suffered, especially monetary remedies. Make sure you tell the judge or adjudicator about any provision you would like included in the order or decision.

(3) Presenting Your Case

The Applicant will start submissions unless the judge says it is not necessary. You should be clear and concise in your submissions. Respondents will respond to the Applicant’s submissions. Applicants may reply to any new submissions.

(4) Examining your Witnesses

After the opening statements, the parties give their evidence which may include testimony from witnesses and the submission of documents which the court will enter as Exhibits. The applicant’s witnesses testify first and are examined by the party calling them. During the examination which is known as examination in chief, your witnesses have an opportunity to give their evidence on the issues that you and the other party dispute. To prepare, make a list of questions that you will ask each witness in advance. You need to prepare the witness in advance of the hearing. The witness should know what the hearing is about. Have the witness answer the questions you prepared and have the witness explain any problems with their testimony during preparation. You should prepare the witness for cross examination in advance. You are not allowed to ask leading questions during examination in chief, except to establish basic facts (name, age, profession). A leading question is one that suggests the answer to the witness. Parties may object to questions that are irrelevant, leading, confusing, vague or argumentative, or testimony that is beyond the witness’s personal knowledge or expertise. The adjudicator may also ask the witness questions.

A party making an objection should stand up and wait for the judge to ask them to speak. When the judge is ready, the party should state the reason for their objection. After hearing the other side’s response, the judge will decide whether their objection is valid.

If you decide to testify on your own behalf, you will be asked to swear an oath or promise that you will tell the truth. The judge may ask you questions. You need to show the judge and the other party before you can use a written outline of your evidence. If you made notes at the time of an event that you want to refer to, you must ask the judge for permission to look at those notes and explain why you need to refer to them. You may need to review your notes to help you remember what happened. You will need to show the other party your notes first to find out if they have any objections. You should not make arguments when you are testifying. You must only say what you personally saw, heard, did or experienced. You cannot give evidence on what another person told you happened as that information is hearsay and inadmissible evidence. Once you are finished testifying, you will need the judge’s permission to give any further evidence.

(5) Dealing with evidence

Engage the Judge in your presentation methods. Adjust your voice, use appropriate pauses, and direct the Judge to the specific paragraphs in evidence.

Help the judge find the exhibits which are documents that have been entered into evidence by drawing their attention to the exhibits one at a time. Know where your evidence is and ensure that the Judge can find it easily. Once the judge has found the exhibit, you should comment on it.

(7) Cross Examination

After the examination in chief, the witnesses can be questioned or cross-examined by the responding party. Cross- examination tests if a witness is telling the truth and allows the examiner to bring out evidence that is helpful to their case. You may ask leading questions in cross-examination.

The court system is adversarial. A cross examiner’s goal is to discredit the witness by catching the witness lying, mistaking the facts or calling the witness’ ability to give an opinion on issues into question.

When you are being cross-examined, the most important rule is to focus on the question being asked and answer it. Do not ramble. While being pleasant with the representative for the other side, do not let them lead you into saying something which you think is incorrect.

In the unlikely event that you have a representative and they object to the question, do not answer. Wait until the objection has been dealt with.

If you do not understand the question, say so. If you do not know the answer, say so. If you cannot remember, say so.

Be approximate in areas in which you may not be able to be entirely accurate, e.g. with regard to numbers and dates.

Beware of double barreled or trick questions.

When you are cross examining a witness, it may be helpful to question a witness about their ability and opportunity to observe the things that they told the Court, whether they have any interest in the case or any other reason to be biased. It is more effective not to argue with your witness or try to give evidence through your questions. Your view of the facts should be presented to the witness in the form of a question. For example, you could ask, “Do you agree that the light was red when the defendant proceeded through the intersection?” You could also cross-examine a witness on a prior inconsistent statement. For example, the witness may have made a sworn or unsworn statement before trial that is important to your case but says something different at trial. You can also cross-examine a witness about a statement they made earlier that was helpful to your case such as an older affidavit. First you must ask the witness if they remember making the statement. You should then read that statement and ask the witness if that the statement was made and if it was true. If the witness says the earlier statement was true, it is evidence as to the truth of that the statement. If the witness says it is not true, you can only use it to question whether the witness is telling the truth now. If you plan to contradict a witness with specific evidence that you or your witnesses intend to give, you must ask the witness about that intended evidence when you cross-examine them. This gives the witness the chance to give their version of the facts. If you do not do this, the judge may not allow you to present that evidence, or they may give the evidence less weight.

A witness who has been cross-examined by the respondent, can be re-examined or asked follow-up questions by the applicant to clarify issues that were raised during the cross-examination. In re-examination, you can only ask questions about things that came out during cross examination. You cannot bring up new issues that did not come up during cross examination or repeat issues from your examination in chief. The Applicant closes their case after last witness is called.

The respondent then examines their witnesses. The witnesses are examined in chief, then cross-examined by the applicant, and then the respondent re-examines them if necessary. After all the respondent’s witnesses have been called, the applicant may bring reply evidence to any new issue the respondent raised.

Conclusion

Being a good advocate can be very helpful in life. You can obtain favourable outcomes in negotiating agreements with other parties if you are able to effectively state your needs and what you are prepared to tolerate. Unfortunately, some cases cannot be mutually resolved. This may happen when you are dealing with an unreasonable or difficult person. In such situations, you may need the assistance of the legal system. This will involve a big investment of your time and energy especially if you are not schooled in law. You must learn the law and the rules of court. It is best to retain counsel for complicated court matters. Even if you do retain counsel, this chapter should help explain the system to you so you can better work with your lawyer.

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