In their own words: Devan Marr and Bronwyn Martin, 2025 Annual Litigation Conference Co-Chairs
Annual Litigation Conference - Special Feature
In organizing the 2025 Litigation Conference, we chose the theme of moving on and moving up. There is a sense that we are at a turning point. History is on the move.
As defence side civil litigators, we usually talk about rules and law. We talk about the rules of evidence, the law of negligence and contracts. We advocate for our clients’ immediate needs and interests. We rarely talk about the rule of law. We leave that work for the academics.
Of course, we know that the rule of law is the cornerstone of democratic societies, ensuring that all individuals, institutions, and governments are accountable to laws that are fairly applied and enforced. We know that no one is above the law and that laws are applied consistently without bias. We know it requires independence and separation between the government and justice system. But we don’t often talk about all these foundational philosophies, or our agency within it.
It is time this changed, for two main reasons.
First, the rule of law is under attack. One does not have to doom scroll for too long to read about what is happening in the United States, with the judiciary, law firms, and citizens coming under attack from the current administration.
Second, there are major changes happening in Canada. Here are just two examples.
In BC, the current government is seeking to implement the Legal Professions Act, which creates a single regulator for all legal professionals in BC. Under this legislation, lawyers will no longer be self-governed, but governed by the government of the day. There is a real risk that the separation between law and government becomes eroded under this model. This is a rule of law issue.
In Ontario, litigation delay, whether due to limited judicial resources, procedural non-compliance by litigants, or litigators’ failure to obey the three C’s of civility, communication, and common sense, has created a crisis. The Rules of Civil Procedure, are being transformed with several dramatic changes being proposed. Delay is the justification for this overhaul, and something needs to change. This is something we, as members of the legal profession, need to talk about. These changes will fundamentally alter how we advance our clients’ interests. Do we risk creating a system that is aimed more at delivering speed than at delivering justice? This is a rule of law issue.
CDL’s work began with a small group of litigators recognizing that the civil defence bar needed a voice. It has grown to one of the only national organizations of its kind, with 1,400 members across the country, and is uniquely situated to raise the concerns of Canadian civil defence lawyers. CDL also has a special relationship with international organizations, including in the United States, and is therefore poised to assist our fellow lawyers who find themselves in an environment hostile to the rule of law.
For 30 years, CDL has continually worked to have our members’ voices heard and our foundational principles upheld. We do not do this alone, but as a community who come together to debate, discuss and sometimes disagree. It is not just for the academics. By talking about these foundational philosophies we work to protect the rule of law. That work continues today. It will continue tomorrow. We hope it will continue with you.
As defence side civil litigators, we usually talk about rules and law. We talk about the rules of evidence, the law of negligence and contracts. We advocate for our clients’ immediate needs and interests. We rarely talk about the rule of law. We leave that work for the academics.
Of course, we know that the rule of law is the cornerstone of democratic societies, ensuring that all individuals, institutions, and governments are accountable to laws that are fairly applied and enforced. We know that no one is above the law and that laws are applied consistently without bias. We know it requires independence and separation between the government and justice system. But we don’t often talk about all these foundational philosophies, or our agency within it.
It is time this changed, for two main reasons.
First, the rule of law is under attack. One does not have to doom scroll for too long to read about what is happening in the United States, with the judiciary, law firms, and citizens coming under attack from the current administration.
Second, there are major changes happening in Canada. Here are just two examples.
In BC, the current government is seeking to implement the Legal Professions Act, which creates a single regulator for all legal professionals in BC. Under this legislation, lawyers will no longer be self-governed, but governed by the government of the day. There is a real risk that the separation between law and government becomes eroded under this model. This is a rule of law issue.
In Ontario, litigation delay, whether due to limited judicial resources, procedural non-compliance by litigants, or litigators’ failure to obey the three C’s of civility, communication, and common sense, has created a crisis. The Rules of Civil Procedure, are being transformed with several dramatic changes being proposed. Delay is the justification for this overhaul, and something needs to change. This is something we, as members of the legal profession, need to talk about. These changes will fundamentally alter how we advance our clients’ interests. Do we risk creating a system that is aimed more at delivering speed than at delivering justice? This is a rule of law issue.
CDL’s work began with a small group of litigators recognizing that the civil defence bar needed a voice. It has grown to one of the only national organizations of its kind, with 1,400 members across the country, and is uniquely situated to raise the concerns of Canadian civil defence lawyers. CDL also has a special relationship with international organizations, including in the United States, and is therefore poised to assist our fellow lawyers who find themselves in an environment hostile to the rule of law.
For 30 years, CDL has continually worked to have our members’ voices heard and our foundational principles upheld. We do not do this alone, but as a community who come together to debate, discuss and sometimes disagree. It is not just for the academics. By talking about these foundational philosophies we work to protect the rule of law. That work continues today. It will continue tomorrow. We hope it will continue with you.