340 THE ADVOCATE
VOL. 79 PART 3 MAY 2021
ter John Horn one of the leading “how to” manuals for litigators, The Conduct
of Civil Litigation in British Columbia, and giving generously of her time
to judicial committees and continuing legal education for judges and
lawyers alike. During her time on the trial court, Susan heard a wide variety
of cases, and her seminal decisions in British Columbia Teachers Federation
v. British Columbia and Douez v. Facebook, Inc. were affirmed by the
Supreme Court of Canada. It thus came as no surprise to anyone who
knows her or her work that she was appointed to the Court of Appeal for
British Columbia and Court of Appeal of Yukon in February 2018.
Yet it is not the high-profile decisions that Susan considers her most
important work. She has the self-awareness to recognize the power and
privilege that she carries as a judge, and despite her lengthy career on the
bench, she has not lost sight of the struggles faced by many of the litigants
who appear before her. This is reflected in the respect she shows to witnesses
and the care she takes to ensure that litigants see their circumstances
accurately and fairly reflected in her judgments. Susan is also
keenly aware of the impact implicit biases and assumptions in the law can
have on society and strives to acknowledge and be thoughtful about the cultural,
language, gender and economic diversity of those who appear before
her. These qualities manifest themselves in many of her lesser-known judgments,
which may not involve complex legal questions, millions of dollars
or high-profile issues but exemplify her empathy and ongoing effort to
appreciate and understand the experiences of historically marginalized persons
and communities.
Susan’s ability to identify with the importance of having a diverse bench
is perfectly encapsulated in the following reflections from one of her former
clerks. As a young gay lawyer, he describes her presence on the bench
as a constant reminder that his sexual orientation does not limit his opportunities.
The fact that Susan sits on British Columbia’s highest court reassures
him that difference is no bar to entry into the highest echelon of the
profession and that excellence will be recognized no matter someone’s
identity. But perhaps most important has been Susan’s constant generosity
and kindness. As an Ontario native, he was called to the B.C. bar without
friends or family in the audience, except for Susan, who had looked up his
call ceremony and made sure to be there—hobbling around on crutches due
to a recent ski accident, no less. This small gesture gave him a great deal of
support and confidence at a time when he needed it most. This is but one
example of Susan’s ability to connect with people by recognizing their differences
and acknowledging their challenges in a way that puts them at
ease, both inside and outside the courtroom.