Thursday, 29 December 2016

Utilizing my advocacy skills in court

My first motion was scheduled months in advance and the day finally arrived. It was booked at the Newmarket Superior Court, a court that was unfamiliar to me. I am not a shy person, but the anticipation of speaking in open court made me nervous. I was consoled by my learned peers who assured me that I was lucky to be arguing a Wagg motion as my very first.

I was scheduled to speak before the Honourable Justice Di Luca...

A Wagg motion is brought under Rule 30.10 of the Rules of Civil Procedure. The purpose of the motion is to obtain relevant documents that are in the possession, control, or power of a party who is not part of the litigation. These motions typically arise in motor vehicle accident claims and are used to obtain the records of police departments and/or the Ministry of the Attorney General.

Since Wagg motions are procedural, they are rarely opposed. That made my task easier. So long as I was prepared, nothing could go wrong…

On December 21, I arrived at court with ample time to spare. I wanted to ensure that I could find out where I needed to go and fill out any necessary forms all without breaking a sweat. I was scheduled to speak before the Honourable Justice Di Luca – lucky for me I was first on the docket.

Justice Di Luca had several questions for me, but everything went smoothly. I was able to obtain the Order, which I subsequently had issued and entered. Mission accomplished.

This motion marked the beginning of an era for me. Not to sound dramatic, but what I find challenging as a student will soon become the new norm. I will no longer worry about the proper way to introduce myself, or how to address the judge or master; I will not hesitate to use proper legal jargon, and I will no longer be confused by the layout of the Newmarket Superior Court.

On to the next!

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