The Lawyer’s Daily quotes Toronto lawyers Zohar Levy and Harry Skinner in an article on gap in the rules of civil procedure.
Zohar Levy, a partner at Fasken and counsel for the moving party with Harry Skinner, said lawyers and judges “are frustrated by this gap in the rules” and clearly the Court of Appeal “is open to receiving reply materials.”
She also highlighted “the guiding principle of advocacy” that Justice Brown noted “which is the role and the importance of written advocacy in helping the court come to the right decision by providing all of the relevant facts on an argument.”
Skinner agreed and noted that this decision put into “stark terms that cases are won on the written component” and the oral advocacy, “in many ways,” is to fill in the gaps.