On losses (Lost cases anyway) ……

**Edited** after some reflecting and learning to count on my fingers I suppose…..

***PS – As I sat here licking my wounds for a minute, wallowing in the permissible five minutes of self-pity, I suddenly realized one lost judgment actually relates to two separate appeals – so the coveted trifecta referenced below is nearer than I’d thought!! ***

One adverse effect of doing a lot of work in one area, and in particular appeals, is you can received a number of judgments at around the same time – rendered from the Bench, reserved Judgment release(s).

And sometimes it’s a mixed bag.

But sometimes you just lose a lot, all at once – well, usually that’s the case in my niche practice anyway.

That’s OK. If you don’t play, you can’t win. And every loss has a silver lining somewhere, including that you learn from it or at least I do.

So while not among this week’s seemingly endless stream of all the Best Lawyers, I’m afraid, I remain humbled and privileged to have lost two appeals in our Court of Appeal in two days. Not a lot of people can say that!

I’m still waiting for the trifecta and it is sure to come – three losses on the same day is the result coveted by the GOAT of all this, now an esteemed Judge.

I believe I can still get there one day – for now, I keep trucking!

Can’t wait to feature prominently in Chris Rudnicki‘s incredibly useful weekly summary of Judgments from the Court of Appeal for Ontario later today, even if the news is not the best.

It’s still news and considered, thoughtful Judgments providing guidance to tribunals below can only and do only help in the long run as we contribute to shaping and applying new law on behalf of vulnerable client populations.

To my fellow appellate counsel – I tip my hat and salute your perseverance and stamina!


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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
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