A Friendly Reminder: $ilence Is Still Golden: Render V. ThyssenKrupp Elevator (Canada Limited), 2022 ONCA 310

The decision of the Court of Appeal in Render is an interesting and important employment law decision, and necessary reading for all who practice in that area. In addition, for all litigators, it contains important practice points with respect to costs and what to say to the press, and when.

Absent media training (and, sometimes, even with the benefit of it), even the most experienced litigators, for whom career success hinges on an ability to use words to advantage, do not know whether or when to speak to the media. However, the general rule, at least in our office, is that one does not speak to the media during an active case, except in very defined circumstances (e.g., to provide facts only, on an unattributed basis, to ensure accurate reporting and if in the client's interest). Though not about lawyers speaking to the press, this decision reaffirms why lawyers and their clients ought to be very wary of making public statements during a trial.