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ARTICLE · 13 MARCH 2023

The Wrong Stuff Revisited: Tips For Avoiding Questions From The Bench In 2023

In this article written for The Advocates' Society newsletter, Advocacy Matters, Tamara Ramsey pays homage to satirical articles

CanadaLitigation, Mediation & Arbitration

In this article written for The Advocates' Society newsletter, Advocacy Matters, Tamara Ramsey pays homage to satirical articles from the Honourable Marvin Catzman and provides some practical tips for counsel in virtual courtrooms. The full issue of Advocacy Matters is available here.

Tip #6 in the first of the late Justice Catzman's facetious articles about how to lose appeals in the Court of Appeal is to never answer a question directly or, better still, at all1. In 2023, as we continue to hold appeals and other court appearances over Zoom there are so many new ways to try to avoid dialogue with the judge hearing your argument.

Justice Catzman suggests that you avoid giving a clear, straightforward answer and to stonewall, stonewall, stonewall. He provides some helpful tips for stonewalling such as talking around the question, taking the judge to lengthy passages from the evidence that have nothing to do with the question, rephrasing the question in a manner

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