This is a vexing problem for counsel. Indeed, when counsel opposite berates you relentlessly and the adjudicator does not intervene, is also incredibly painful to endure. Our Law Society Rules of Professional Conduct (rightly so) prohibit incivility. What incivility means, quite, is debatable and in fact subject of common law scrutiny.
I don’t know that I have the answers.
But I draw your attention to two things.
This case, worth reading top to bottom.
Sternberg v. Ontario Racing Commission, 2008 CanLII 50514 (ON SCDC)
http://canlii.ca/t/21238
and this transcript of Marhall Sacks’ response in such a situation
https://docs.google.com/document/d/1s1FQ4AgPvIUBxgUCoD2p36OfZljUD0mA/edit
About Anita Szigeti
• Called to the Bar (1992)
• U of T Law grad (1990)
• Sole practitioner (33 years)
• Partner in small law firm (Hiltz Szigeti) 2002 - 2013
• Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-)
• (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007)
* Founding President of Law and Mental Disorder Association - LAMDA since 2017
* Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022
• Counsel to clients with serious mental health issues before administrative tribunals and on appeals
• Former Chair, current member of LAO’s mental health law advisory committee
• Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law)
• Thirty+ years’ experience as counsel to almost exclusively legally aided clients
• Frequently appointed amicus curiae
• Fearless advocate
• Not entirely humourless
anitaszigeti 