13th Annual Articling Students and Masters’ Motions - Part 2

13th Annual Articling Students and Masters’ Motions - Part 2

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Substantive: 0.75
55 minutes
Joan Haberman
Toronto Lawyers Association (TLA)
55 minutes
$89.00 plus tax
Includes Handouts

This nutshell is a primer aimed at articling students as they begin arguing Masters' Motions. It contains lessons on professionalism, ethics and practice management, and will cover the following topics:

  1. Avoiding motions: why you want to and how to go about it;
  2. Preparing written materials: start by considering what it is you want and draft your notice of motion to reflect that; ensure you understand the legal tests that apply so your evidentiary record addresses each point; and present the current state of the law fairly;
  3. Service before filing: how to avoid pitfalls so your motion is not adjourned because it was not served on time;
  4. The oral presentation: how to make a compelling and convincing argument, without deviating from the evidence or the applicable law, in a manner that ensures you are heard; and
  5. Civility in the courtroom.


Master Joan Haberman

Master Haberman was appointed as a Case Management Master in November 1998.

Before her appointment, she was senior counsel with the Crown Law Office, where her practice focused on malicious prosecution, institutional and sexual abuse claims, and insurance law. Prior to her work with the Crown, Master Haberman worked in private practice as personal injury counsel. She is a former member of the Civil Rules Committee and taught at the Bar Admissions Course for many years.

After her appointment, Master Haberman served as a member of the Simplified Rules Committee for 10 years. She retired from the Bench at the end of November 2016, and now happily reads the morning paper, practices yoga as often as she likes, and works on her landscape paintings. From time to time, she still speaks and writes on oral and written advocacy and related topics.

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