770 THE ADVOCATE
VOL. 79 PART 5 SEPTEMBER 2021
A Where the urinals are and the — and the toilets.
The Court: Yes but there aren’t any bathtubs in there.
A No I just referred –
The Court: You could not have bath if you went in there could you?
A I don’t believe you could, no Your Honour. I’m just referring
it to — as to bathroom.
The Court: Yes, well it is not a bathroom. It is a toilet.
A Okay. He went into the toilet, yes.
The Court: Good. Now we have that straight.
Q Do you have any idea, do you recall approximately how full
the bathroom was at the time?
There is another reason why trials take longer than they used to, or at least
longer than they should. It has to do with the time taken by counsel presenting
their cases. We would all do well to remember the admonition of J.J.
Robinette, Q.C., who is quoted as saying, “I told the young fellows I talked
to that the duty of an advocate is to get a complicated set of facts and simplify
the case for the judge. And I think that is what I have really done … if
you have several points, keep two good ones and forget the last five. Go for
the jugular vein and be concise.”
Members who may not agree with that advice should remember that J.J.
Robinette, Q.C., is considered to be Canada’s leading counsel. There is a
possibility it should be recognized that this ability to simplify may be the
foundation of his success.
The Honourable Mr. Justice George L. Murray came across the following
opening paragraph in an Amended Statement of Claim and concluded that
there was much danger in practising out of the Smithers Registry:
"1. The Plaintiff is the Executor of the Estate of Sonia Nadia
Biniowsky,who died on November 26th, 1979, by virtue of Letters of Probate
granted out of the Smithers Registry of this Honourable Court
(Smithers Registry Number 33/80) on October 16th 1980."
Famous Names
There are several Judge Davids. A matching appointment was recently
made in Prince Albert, Saskatchewan, in the elevation of Wallace v. Golliath.
Also a very strong appointment was made in the Cayman Islands of Judge
Hercules who has been a pillar of judiciary in the Caribbean for some five
years.