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w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 7 29 pay costs and who challenged the ability of the court to discipline him. "We've never disputed the ability of a court to discipline a lawyer acting as an officer of the court," he says. He points out that he was not chastised by the trial judge for uncivil conduct, let alone sanctioned. But the Court of Appeal came down solidly in favour of the law society's juris- diction to discipline lawyers for in-court conduct and specifically to discipline Groia in this case. "There are many rea- sons why a trial judge may elect not to criticize or complain about an advocate's uncivil conduct in court, including the simple reality that refraining from such action in a given case may permit the proceeding to advance more efficiently," wrote Cronk. "Further, some judges are reluctant to intervene because interven- tion might interfere with the appearance of judicial impartiality." Groia points repeatedly to Justice David Brown's dissenting opinion at the Court of Appeal. Brown accepts the argument that the presiding judge is in the best position to determine if counsel has crossed the line and what the proper penalty ought to be if he has. "Part of the duty of the presiding judge is to maintain order in this arena of potential chaos," wrote Brown. "The trial judge is the per- son best placed to determine whether a barrister's conduct is approaching or has crossed over the all-too-grey line that separates zealous advocacy from imper- missible courtroom conduct." That tension between civility and zealous advocacy will likely take up most of the SCC's time. Groia, quite naturally, being a member of the defence bar, comes down on the side of virtually unfettered advocacy. "When all is said and done, we're advocates for our clients, and they're the ones who stand to be sent to jail," he says. "When a lawyer stands up in a courtroom to represent their client, I believe and courts have said historically they need to be fearless." The Court of Appeal accepts the cen- tral importance of zealous advocacy, and it says the concept must be jealously pro- tected and broadly construed, "but it is not absolute and must not be abused," wrote the court. "The Conduct Rules provide for "ZEALOUS ADVOCACY DID NOT REQUIRE MR. GROIA TO FREQUENTLY RESORT TO INVECTIVE IN DESCRIBING OPPONENTS WHO WERE TRYING TO DO THEIR JOBS." Order # 804218-65203 $488 2 volume looseleaf supplemented book Anticipated upkeep cost – $406 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2016 Thomson Reuters Canada Limited 00234UC-84746-CE 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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