Sean Bawden
@SeanBawden
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Partner @KellySantiniLaw . Employment Law. Litigation. Serit arbores, quae alteri saeculo prosint
Ottawa, ON
Joined February 2012
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Pinned Tweet
Thrilled to confirm my recognition in this year's list of
@BestLawyers
for Labour & Employment.
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Fellow lawyers, but especially junior lawyers, repeat after me, "I don't know. I will have to look into that and get back to you."
"I don't know" are not dirty words. They reflect knowledge of limits, not ignorance. No one knows everything about everything.
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Nine years ago, while testifying in the United States, I was asked the question, "So you're telling me Nunavut is in Canada?" When said, "Yes," the lawyer cross-examining me said "We'll see about that."
I've thought about that a lot since then.
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For the love of all that is holy, can we PLEASE stop referring to Marie Henein as "Ghomeshi's lawyer"? She is a force in the criminal law world. She has represented several other, high-profile clients. Heck, Ghomeshi himself is less of a celebrity and influence than she is.
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Yesterday one of our associates accused me of being "the only lawyer" to only use a single monitor. Surely that cannot be true?
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Kudos to the employer who, in their workplace violence policy, expressly prohibited homicide in the workplace.
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Nothing makes me feel less intelligent than realizing I pay for parking in downtown Ottawa.
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I have a court appearance in a few weeks via Zoom.
For the full experience, I am going to pour some water into a jug today and just let it sit on my desk until then. Then I'll drink it from a small styrofoam cup.
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Instead of a colour coded system, Ontario should have just used a System of The Down:
Party Down
Simmer Down
Calm Down
Slow Down
Crackdown
Shutdown
Lockdown
SmackDown
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Appreciate the honesty from opposing counsel, "I have not worked on this matter in a long time because, frankly, I did not want to."
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Can I ask my wife to shovel now, or does she need to work 12 hours on her feet first?
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👏Affidavits 👏 of 👏 Service 👏 should 👏 only 👏 be 👏 required 👏 if 👏 service 👏 is 👏 actually 👏 contested. 👏
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Norm Macdonald arrives at the pearly gates.
St Peter says, "What are you doing here?"
"The light was on."
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@MonteMcNaughton
Zero, zero disagreement around Skill Trades.
But does not this meme stigmatize those who choose to follow university education?
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In an effort to curb COVID-19, as of Monday, you can no longer make left-hand turns. You’ll have to make three rights.
Sorry, folks, it kills me to do it, but we have to fight this thing.
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A fantastic addition to law school would be a skills course in assisting people navigate one of the most emotionally taxing moments of their lives. Most clients (outside res real estate) will only need a lawyer when things are going decidedly not good.
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Dear
@LawSocietyLSO
:
All those "liking" this tweet are prepared to have a levy imposed upon them in order to fund the
@ProBonoOntario
Law Help Centres.
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I can stay ahead of emails, or I can work, but I can't do both.
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Kids today with their streaming services have no appreciation for what a sick day used to mean. It meant the daytime television, the height of which was The Price is Right. Actually, outside of that, and maybe General Hospital, the rest of the lineup kinda stunk.
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In my practice, I see considerably more pictures of penises than I ever envisioned that I would. Considerably more. Law school did not prepare me for this, especially since I went to law school for environmental law.
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@IRPlawyer
Well, counsel, here was the next part- the judge responded something to the effect of “he’s from Canada, I am pretty sure he would know.”
The examining attorney had consulted an Atlas that did not show Nunavut. I then had to explain it’s only been recognized since 1999
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Today is Monday, November 20, 2023.
Which represents six months without alcohol.
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Friends. Deadly serious. If my reading of every chart is correct, then this is the week that is absolutely critical. This week determines where we're at in two weeks, and whether we look like New York or North York.
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For Christmas I will be travelling to the States.
Specifically, the following states:
Denial, disbelief, anger, grief.
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I wrote the LSAT 3x.
I didn't get into law school the first time I applied.
OCIs? Two firms interviewed me. I received one call back for in-person interviews... they didn't call on call day.
Didn't get asked to article at what I thought was my 1st choice.
But it all worked.
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Hi. I have some news.
As of today, I am no longer engaged in private practice. I have decided to go in-house. As a result, Labour Pains (as you knew it) is no more.
I want to thank all of you for this wild ride over the last 7 years.
More details here:
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I really wish law schools would teach civil procedure and trial advocacy like colleges do in training paralegals.
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As a York University alumnus, them paying ME real money for teaching law there, when they RE-FUSED to allow me to attend their law school is a VERY amusing and gratifying situation.
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It's 2020. We've had MS Word for like... a generation. Things you should be aware of and know how to use:
Page Breaks
Tabs
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I became a lawyer because I believe(d) the law has the power to bring about positive change.
But if you're not asking for whom it is "positive" you aren't asking enough questions.
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Conversation with an 🇺🇸 lawyer yesterday:
"You must know every lawyer in Canada."
"Umm... probably not."
You're from Ottawa?
Yes.
Did you know David Scott?
I mean... yes.
How about Pat Santini?
I was a partner at his firm... and his brother is my neighbour.
🤦♂️
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Clients who provide you with emails as attachments, rather than forwards are the true heroes.
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I miss legitimately not working.
Those forced breaks when you had to travel somewhere.
For example, if you had a court appearance at 10, you'd have to leave your desk and get there. Now, it takes less than a minute to get everywhere. And that down time is spent working.
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If whomever argued the injunction motion on behalf of the LSO failed to make their introduction by invoking the line from The Lorax "I speak for the trees", then what a fantastic waste of an opportunity.
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Today is Monday, August 28, 2023.
Which, for me, marks 💯 days without alcohol.
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Jumping from another thread I don’t want to jump into - how many are still Team LLB?
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@crossmanatlaw
@spaikin
@PierrePoilievre
Or that these same people absolutely do NOT want government telling them how to run THEIR business.
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Ever been formatting a document in Word and had to concede defeat on a formatting point? Like.. alright, Word, you win, we'll do what you want?
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What? There is already an Immunization of School Pupils Act, which requires students to be vaccinated against certain diseases? And this has been the law for... decades you say? Shocking!
Immunization of School Pupils Act, RSO 1990, c I.1,
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@IRPlawyer
I suggested his Atlas, if it all had the USSR, East and West Germany, etc, might be out of date.
There were no further questions on the point.
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Today is either the 1st day of March, 2021, or the 366th day of March, 2020.
Either way, it’s Monday.
Here are your rabbits: 🐰 🐰
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I got a new idea... after my direct examinations, I am just going to have articling students applaud while opposing counsel tries to cross-examine.
#onpoli
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Roughly 30 years ago, my mother applied a band-aid to our roasting pan, so that she could easily identify it after a church supper.
30 years later, my mother is no longer here, the church is long since gone, but that damn band-aid is baked on good.
Happy Thanksgiving.
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Litigation is like trying to keep clean a house with a toddler: As hard as you may work, someone a little smarter is working equally as hard to achieve a result that is the polar opposite of your objective.
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I don't know who needs to hear this, but CRA already has all your tax slips. Just log on to CRA's website, select "T4 and Tax Slips" then select "All". Done.
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Our witness on exams literally went to the bathroom, ON CAMERA, during examinations for discovery.
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You know who I really feel bad for? Optometrists and Opticians. They get a perfect pun, a once-in-a-lifetime opportunity to yuk it up about "2020 vision" and then this shit happens.
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The ability to correctly spell "Lenczner" should be the sole criterion to being recognized as a certified specialist in civil litigation.
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Today is Thursday, December 31. The last day of the terrible, horrible, no good, very bad year known as 2020.
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Still stuck in a condo? Looking to spend some time outside?
As part of my Suburban Experience, today I am offering one lucky follower the chance to mow my lawn.
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Today is Monday, September 14, 2020.
The Limitations Act runs again. School is back for most.
Take care of yourself.
Take care of and be kind to others.
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While working on a post about surveillance in the workplace, THIS happened!
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With no corporate holiday parties, and all that they bring with them, what are workplace harassment investigators going to do between January and April?
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Your Honour, I would like the record to note that when the termination provision was drafted, counsel was working from home, while supervising his children, after more than 100 days of them being home. Like, he done tried.
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I absolutely refuse to change into my gowns in the new gender-neutral robing room at Osgoode before my court appearance today.
Because my appearance is in Ottawa and that would be ridiculously impractical.
But I look forward to my ONCA hearing next month.
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More seriously, "just do what is reasonable" or "just use your common sense" often means "Do what a suburban white guy in his 50s with financial security and every other infrastructural support would do."
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I've been tweeting a lot about injunctions against "persons unknown" since yesterday's court hearing. Here is a comprehensive summary of the decisions I've tweeted:
#OttawaOccupation
,
#OttawaSiege
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Unfortunately, I am no longer able to assemble this as it has been deemed non-essential construction.
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A moment that felt like a painting.
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If you want to know whether a lawyer is a litigator or a corporate solicitor, ask what “ONCA” means.
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OHRC’s position is that a person who chooses not to be vaccinated based on personal preference does *not* have the right to accommodation under the Code.
While the Code prohibits discrimination based on creed, personal preferences or singular beliefs do *not* amount to a creed.
Ontario Human Rights Commission policy statement on COVID-19 vaccine mandates and proof of vaccine certificates
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You know that period of time between Christmas and New Years when everyone is working from home, schools are closed, no one really knows what day it is and it's socially acceptable to drink, and eat chocolate and cheese at all hours of the day? This is kinda like that.
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It is hard to see the collapse of the HRTO (and other social justice tribunals) as anything but intentional.
This has to be a record at the Human Rights Tribunal of Ontario (HRTO), five years to serve the Form 1 on the Respondents for a response.
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Client: I don't want this litigation to drag on for months.
Me: It won't be "months."
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The Sun is praising Trudeau.
The Star is praising Ford.
Friends, these are indeed incredible times.
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If someone told me that I had to drive across town, at 3AM, to get the vaccine because that was my scheduled time and location, welp... guess that’s what I am doing that day.
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Just the ON AG tweeting his thanks about your random daily tweets. Nothing weird about that.
@SeanBawden
As the Minister responsible for the Time Act and the Limitations Act, I thank you for your service.
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If you loved
#LawSummerSanta2021
, (or if you did miss out or did not participate because it focused on alcohol,) maybe you would be interested in…
#LawSummerSnackTa
Where people send boxes of snackies to one another.
Interested?
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So to my earlier "today doesn't totally suck tweet", in the same day doctors tell my dad that he does NOT have cancer and tell my sister that she does NOT have Covid.
Putting both of those SOLIDLY into the win column.
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The public interest in upholding the rule of law... must be the dominant consideration in all cases involving significant and persistent acts of civil disobedience.
Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2022 BCCA 26 (CanLII), at para 78, <>
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Looking for an Ottawa decision concerning injunctions against blocking roads and honking horns?
Ottawa MacDonald Cartier International Airport Authority v Madi, 2015 ONSC 6336, <>
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If you're the smartest person in the room, you're in the wrong room.
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Yeah sex and money are great, but have you ever had a student thank you for making employment law "one of the most interesting and intriguing classes" they've taken, especially after they concede they did not expect it to be one of their "favourite" courses?
Chuffed.
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MacMillan Bloedel Ltd. v. Simpson, [1996] 2 SCR 1048, <> is a text book on the power of the court to issue injunctions against persons unknown in order to protect private property interests.
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Congratulations to the criminal bar on receiving a clear answer to a clear question.
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There is no need to define terms that you never use again. Thank you.
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Did we ever settle on a hashtag for our practice area, because, I, uhh, did a thing.
#emplaw
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I was proud to be the sponsor of the initial non-alcoholic mocktail bar at this year’s
@ccla_abcc
Civil Litigation Updated Conference.
Also pictured CCLA President Andrew Ferguson.
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If you're wondering why I haven't tweeted the date in a while it's because I don't know.
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Hey - do convenience stores still have fax machines? I need to conduct some official legal business and I work at a place located in the year 2020.
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@Breanna_Needham
Partner instructions will be poor because they don’t understand the issue either.
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The defendant denies the whole of the statement and claim and specifically pleads HONK! HONK HONK HONK! HONK!
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We need to update the Rules to allow counsel to respond exclusively in Gifs, like 5 times a year, without sanction.
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Canadian courts have for decades followed the practice of issuing orders directed at prohibiting interference with private property rights, which orders affect not only the named parties but also the general public.
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Today is Saturday, March 21.
For Ontario civil litigation purposes, today remains Monday, March 16.
The puppy of the day calendar on my desk at work reads Wednesday, March 11.
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The simple joy of a new client intake on an employment-law matter, and the word "vaccine" is never said.
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"Vacation" (n) - When you work from a slightly different location.
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Starting to see more of those obscenely early and late night emails from lawyers who I know are also parents of young children. Courage, friends.
Let's also remember that a lot of our colleagues are also now part-time school teachers.
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"There’s nothing stopping most employers from implementing a mandatory vaccine policy as long as it accommodates those with medical or religious reasons not to get vaccinated, says Lai-King Hum, an employment lawyer."
Correct. Employers have right to manage workplace.
Can your workplace make vaccination mandatory? Experts say most can, but they must be careful about how they terminate workers who refuse
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#ProTip
- if writing a memo, for me, please do not do the whole "supra note x" thing. I am not going to check every footnote, and I don't want to go back up through your memo to find "note x". Give me a full citation, every time. Thanks...
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