Protecting the Record: Advice for Trial Lawyers from the Appeal’s Perspective |

Protecting the Record: Advice for Trial Lawyers from the Appeal’s Perspective

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Professionalism (Ethics, etc.): 0.5
30 minutes
Substantive: 1.25
80 minutes
Shantona Chaudhury
Jennifer L. Hunter
Cynthia Kuel
Bradley Miller
Toronto Lawyers Association (TLA)
110 minutes
$129.00 plus tax

Are you an experienced trial lawyer who wants to take steps to improve your client’s position on a possible appeal? Are you new to trial work and would like to know what you can do to protect the record? Would you like some tips and tricks for success on what might be your first appeal? This program is designed to give you an appeal’s perspective so that you can maximize the conduct of a trial and improve your client’s position in the event of on appeal.

Our panel of appellate experts will share tips and advice on how counsel can improve their client’s position, as either appellant or respondent, by thinking ahead.

Topics will include:

  • Ensuring you get it all into evidence
  • Making objections clearly on the record
  • Preparing for the appeal while you prepare for trial


Ethical advocacy- Conduct in the trial and appellate courtroom (i.e.: how counsel’s conduct is seen through a transcript; rising to interrupt submissions and the duty to fairly/accurately represent the evidence)

Ethical advocacy - Treating the court, tribunal, opposing counsel, parties and others with courtesy and respect.  Trial counsel’s conduct towards counsel, the judge and the witness (whether positive or negative), how it appears on the record, and how it affects the appeal; and traditions such as shaking hands with everyone, not just senior counsel.


Shantona Chaudhury

Shantona Chaudhury co-founded Pape Chaudhury LLP in 2018. Her practice includes commercial litigation, class actions, torts, professional discipline, professional negligence, judicial review, administrative, constitutional, and public international law. She has particular expertise in appeals, having been counsel in over 35 appeals at the Ontario Court of Appeal, the Divisional Court, the Federal Court of Appeal, and the Supreme Court of Canada. She also appears before the Superior Court, the Federal Court, and administrative tribunals. She has been appointed as amicus curiae by the Federal Court and the Ontario Court of Appeal.

Shantona is ranked in the Chambers Guide to Canada’s Leading Lawyers, the Canadian Lexpert Directory (commercial litigation and class actions), Best Lawyers, and Benchmark Litigation (Litigation Star). In 2020, she was named to Benchmark’s list of the “Top 50 Women in Litigation”. Lexpert named her a ‘Rising Star’ in 2017, and she on Benchmark’s “Under 40 Hot List” in 2018 and 2019.

Shantona is the co-Executive Director of the Supreme Court Advocacy Institute, a national non-profit organization offering advocacy training to counsel appearing before the Supreme Court of Canada.

Shantona is fluently bilingual (English/French) and was called to the Bar in both Ontario and Québec in 2007. She obtained her B.C.L. from Oxford; her B.C.L./LL.B. from McGill; and her M.A. & B.A. from Queen’s University. Prior to starting practice, she clerked for Justice Ian Binnie, trained as a Middle Temple Fox Scholar pupil barrister in London, interned at the UN International Criminal Tribunal for Rwanda, interned at the Parliament of Canada, and worked in the music industry.

Jennifer L. Hunter

Jennifer is the Practice Group Leader for the Insurance Law Group at Lerners LLP in Toronto and her expertise includes the defence of claims in the following areas: municipal and public entity liability; cyber and privacy breaches; E&O liability; general and commercial liability; motor vehicle; personal injury; property damage, and occupier’s liability. She also has particular expertise in the area of professional liability and has acted on behalf of professionals, including police officers, lawyers, physicians, an other health professionals to defend claims involving allegations of professional liability, negligent investigation, malicious prosecution, excessive force and defamation. She has also appeared as counsel on disciplinary matters and acts as independent legal counsel to regulatory bodies. She also advises professionals with respect to matters of privacy law and cyber security. During the COVID-19 pandemic, she provided advice to health professionals and organizations regarding public health and regulatory compliance.

She has been recognized by Best Lawyers in Canada for her expertise in Professional Malpractice, Health Care Law, Medical Negligence, was recognized in the 2021 edition of the Canadian Legal Lexpert Directory as "One to Watch" in Litigation - Commercial Insurance, and is a recipient of the Lexpert Rising Stars award.

Cynthia Kuel

Cynthia Kuel is a Certified Specialist in Civil Litigation and a partner in the Toronto office of Lerners LLP, where she practices commercial litigation and arbitration, health law and appellate advocacy. She has appeared at all levels of court in Ontario, in arbitrations, before various tribunals and at the Supreme Court of Canada.  Cynthia is a former member of the firm’s Executive Committee, and held a number of other leadership roles in the firm and with external organizations over the past 10 years. Cynthia regularly participates in the education of firm members internally, and has chaired and presented numerous times at CLE events for the Law Society, the Advocates Society, Osgoode, and other institutional providers. She currently is one of the Assistant Program Directors for TCAS’ Gold Standard Course in Arbitration. Cynthia is listed in Chambers, Best Lawyers in Canada, Lexpert and Benchmark for her work in corporate and commercial litigation and/or in health care law/medical negligence litigation. In 2017, she was a recipient of Lexpert’s Zenith Award recognizing women in law for her excellence in advocacy and commitment to the advancement of women in practice.

Justice Bradley Miller

Bradley Miller was appointed to the Superior Court of Justice in Ontario in January 2015 and to the Court of Appeal for Ontario in June 2015.

He was called to the Bars of Ontario (2002) and British Columbia (1993), and practiced commercial and constitutional litigation with Lerners LLP and Miller Thomson LLP in Toronto.

He was awarded a D.Phil in law from Oxford University in 2004 and an LL.M. (magna cum laude) from the University of Edinburgh in 1994. He holds degrees in law and in commerce from the University of British Columbia (1992).

He was a law professor at the University of Western Ontario from 2005-2015, where he was (along with Grant Huscroft) a founding member of Western Law's Public Law and Legal Philosophy Research Group. During that time he also served as a Visiting Fellow in the Department of Law at the European University Institute, Florence (2008), and in the Department of Politics at Princeton University (2012-13), and was a Visiting Associate Professor in the Department of Philosophy at Princeton University (2012-13). He has published and lectured internationally on constitutional interpretation and on legal reasoning.

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