Common Procedural Motions: Tips and Tricks from the Bench

For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Dorothy Charach is a partner in our Litigation Group in Toronto. She maintains a broad litigation practice with an emphasis on commercial litigation, professional liability, product liability, class actions, and defamation. Dorothy has appeared before several courts and tribunals, including the Ontario Court of Appeal, the Divisional Court of Ontario, the Ontario Superior Court, the Ontario Court of Justice, and the Health Professions Appeal and Review Board. She has experience serving as lead counsel at the trial and appellate level. Dorothy’s experience includes: Defending multiple physicians in professional liability cases tried by jury and by judge alone; Acting for defendants in class action matters, including pharmaceutical and medical device companies, and financial institutions; Acting for clients in defamation matters, including successfully resisting an anti-SLAPP motion and obtaining summary judgment for an expert defamed on a ratings website (upheld on appeal) and acting on behalf of the former CEO of a large public company in a claims hearing under the Companies’ Creditors Arrangement Act; Acting for clients on procedural motions, including successfully resisting a motion for the extension of time for service of a Statement of Claim and obtaining a stay of an Application in the Ontario Superior Court pending the determination of an Application commenced in Quebec on behalf of a commercial client in a contract dispute; Successfully obtaining multiple Norwich Orders on Applications for information in situations where individuals and companies were wronged by anonymous tortfeasors, including through defamation and breach of contract/confidence; and Defending clients in criminal and quasi-criminal proceedings in relation to charges under the Canadian Criminal Code and Ontario’s Provincial Offences Act. Dorothy is a member of the teaching team for the Trial Advocacy course at Osgoode Hall Law School, and a previous member of the Lawyer as Negotiator teaching team. She has also taught at Queen’s University Faculty of Law and guest-lectured at the University of Toronto and Osgoode Hall Professional Development programs, primarily in the area of professional negligence. She is a contributing author to the fifth edition of Defending Class Actions in Canada, published by Lexis Nexis. Dorothy regularly volunteers with Pro Bono Ontario’s Free Legal Advice Hotline. Dorothy completed her BA (Hons.) in English and Psychology in 2008 from the University of Western Ontario. She received her JD from Osgoode Hall Law School in 2011. While attending law school, she won the Arnup Cup Trial Advocacy Moot and received a number of awards, including a Dean’s Gold Key Award. She was also a Division Leader at the Community and Legal Aid Services Program. Dorothy was called to the Ontario Bar in 2012. She is a member of the Law Society of Ontario, the Canadian Bar Association, the Ontario Bar Association, and the Advocates’ Society.

Associate Justice Andrew Graham is originally from Halifax, Nova Scotia where he graduated from the University of King's College in 1979 and then completed his LL.B. at Dalhousie University in 1982. After being called to the Bar in Ontario in 1985, he practiced primarily personal injury and insurance law at Benson Percival Brown. He has been an Instructor in the Advocacy and Civil Litigation sections of the Ontario Bar Admission Course. During his last two years in practice, he also worked as a mediator. In June 2006, Associate Justice Graham was appointed to what was then the position of Master to preside over Civil matters in Toronto. Since 2010, he has also circuited to Brampton to conduct pre-trial conferences and motions. He is fluent in French and hears and conducts bilingual motions and pre-trial conferences. Many of his decisions have been reported in Carswell’s Practice Cases, the Ontario Reports and various other case law reports. He has been a regular speaker and panelist at continuing legal education programs presented by the Toronto Lawyers Association and the Advocates Society. He has also served as president of the Masters Association of Ontario.

Michelle Stephenson is a civil litigator based in Toronto with a broad range of legal experience. Her particular focus is on contract disputes, employment law, defamation, and other intentional torts. Prior to joining Corman Feiner LLP, Michelle completed a clerkship at the Superior Court of Justice and worked as a staff lawyer for the Ontario Court of Appeal. She obtained her law degree from Queen's University and was called to the Ontario bar in 2016. With her experience working on complex legal matters, Michelle is well-equipped to navigate challenging cases. She has a reputation for providing excellent legal representation to her clients and has established herself as a reliable and dedicated litigator. Michelle is always looking to improve her skills and knowledge in the legal field and welcomes new challenges to help her grow as a professional. Her expertise and work ethic make her an asset to any legal team.

The Honourable E. Ria Tzimas is a Judge of the Superior Court of Justice in Brampton, Ontario. She was appointed to this position to replace Mr. Justice M.H. Tulloch on June 21, 2012. Prior to her appointment, she was a Crown attorney with the Ministry of the Attorney General in Toronto, where she worked since 1998. Madam Justice Tzimas received a Bachelor of Arts degree from McGill University in 1988. She then attended Osgoode Hall Law School, where she received a Bachelor of Laws degree in 1991 and a Master of Law in Civil Litigation and Dispute Resolution in 1999. She was called to the Bar of Ontario in 1993. Before joining the Crown Law Office, Madam Justice Tzimas worked as an associate with Sotos, Karvanis in Toronto from 1993 to 1998, where she focused on Aboriginal law, civil litigation, and dispute resolution. She is a member of the Advocates Society since 2006 and the Hellenic Canadian Lawyers Association since 1992. She has also been an adjunct professor at Osgoode Hall Law School since 2009 and has authored numerous publications. In addition, since 2010, she has chaired the board of "VIVA! Youth Singers of Toronto."