Law Times

Law times • SEPTEMBER 22, 2008 NEWS PAGE 3 defending former press baron Conrad Black, for example — but calls the transition to her current role as a Superior Court judge the most daunting. "Listening to people advance Justice Jane Kelly has the pedigree for spot on the bench J BY ROBERT TODD Law Times ustice Jane Kelly has faced some serious challenges in her career — on the team one Kelly," she says. "So he encour- aged me to come to Toronto." She went through the usual process of applying to big Toronto firms, and eventually accepted an offer from Fasken & Calvin, and later returned to the firm, then called Fasken Campbell Godfrey, after her 1990 call to the bar. "When I asked my dad for their cases, being patient, trying to give the considered thought and reasoning they expect from us," she says in explaining the types of issues she's dealing with. "Right now, I would have to say, being a Superior Court judge is the most challenging aspect of my career so far." While Kelly admits her new job — which she was appointed to in June — is a test, it's tough to imag- ine someone with a better pedigree to assume a spot on the bench. The 45-year-old married mother of two got her first taste of the law from her father, Os- hawa personal injury and crimi- nal law lawyer Terry Kelly. She remembers that many of the murder cases her father worked on garnered big media atten- tion in the Oshawa area, and says that aspect of the law inter- ested her from a young age. "I remember definitely being intrigued by what he was doing in that regard," says Kelly, adding she leafed through many of the cases her father brought home to work on. "The personal in- jury business didn't interest me as much, because there wasn't lively discussion at our dinner table about personal injury cases." Kelly was so interested, in fact, that she sometimes went to court as a spectator, especially when her dad was addressing a jury. She dropped her early dream of becoming a teacher at age seven or eight and focused on becoming a lawyer, says Kelly. Her father's experience came in handy when it came time for Kelly to article after receiving her law degree from the Univer- sity of New Brunswick in 1988. "Oshawa is a small city to some degree, and he was of the view that Oshawa was only big enough for advice on which [of the big firms] I should choose, it was a no-brainer for him," recalls Kelly. "He said you should go to Fasken & Calvin because there were so many great litigators there." She went on to spend four years in the firm's litigation department, working with the likes of Bob Tuer, Doug Hunt, Jim Grout, John Campion and now-Court of Appeal Justice Eleanore Cronk. One of her most important experiences at Faskens was working as co-counsel with Hunt on the Hryciuk inquiry. During that stint, Scarborough Crown Attorney Mary Hall in- vited Kelly to take a leave of ab- sence and work as an assistant Crown attorney. Kelly accepted the offer, and eventually decid- ed not to return to Faskens. While working for the Crown, Kelly dealt mainly with sexual assault prosecutions, and became a go-to counsel for fraud cases. That prompted her to move on and establish her own criminal defence practice with Glen Jennings in Toronto, and she also presented cases at ad- ministrative tribunals. The firm existed as Kelly Jen- nings from 1996 to 2001, Kelly Jennings and Lacy from 2001 to 2004 with the addition of Michael Lacy, and later as Kelly & Lacy. She also worked on a contract basis with Toronto defence lawyer Edward Greenspan, taking on big cases such as The Law Society of Up- per Canada v. Baker, R v. Drabinsky et. al., and U.S.A. v. Black et. al. Kelly says she was struck by the manner in which U.S. Dis- trict Court Judge Amy St. Eve handled the complex Black case earlier this year. "She was a great role model. She was respectful of counsel, but kept things moving along," says Marketplace EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/commercial and labour and employ- ment. Part/full time. Messages (416) 621-2485. FOR RENT FOR RENT - Executive office, full service within a North York CA firm. Available immediately. Please call Saveria Raffin 416- 631-9800. To advertise call 905-841-6481 Kelly. "It was a difficult case be- cause there were so many lawyers involved, but it never seemed that it really troubled her. She was in control of the courtroom." After returning to Canada from the Black case, Kelly says it was time for a new challenge. She admits the thought of be- coming a judge was attractive. "It was in the back of my mind," she says. "Because clearly based on my experience I either couldn't keep a job or I was look- ing for something different." As Kelly goes through the growing pains attached to any job switch, she has relied on her colleagues to ease the burden. "I'm finding the camarade- rie among the Superior Court judges phenomenal," she says. "Everybody, including the Chief Justice Heather Smith, the Associate Chief Justice Doug Cunningham; our Re- 'Right now, I would have to say, being a Superior Court judge is the most challenging aspect of my career so far,' says Justice Jane Kelly. gional Senior Justice Ed Then, is incredibly supportive. But more importantly, the people who are my colleagues, there's not a single person I've met who hasn't said, 'Please contact me if you have any questions.' "So there is definitely a lot of support from my colleagues." Kelly's transition is made more overwhelming by the fact that she's juggling it with raising two young children, a seven- year-old boy and two-year-old girl. She credits husband Don- Ontario Environmental Legislation 2008 - 2009 NEW IN 2008 • Pesticides Act and selected regulations • Under the Environmental Assessment Act O. Reg. 231/08 Transit Projects and Greater Toronto Transportation Authority • Under the Environmental Protection Act O. Reg. 533/05 Ethanol in Gasoline O. Reg. 496/07 Cessation of Coal Use • Under the Ontario Water Resources Act O. Reg. 60/08 Lake Simcoe Protection • Under the Technical Standards and Safety Act, 2000 O. Reg. 211/01 Propane Storage and Handling O. 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Most of her spare time is spent with the family, she says, with summers spent relaxing at their cottage in Georgian Bay and winters hitting the slopes at Caledon Ski Club. Kelly offers the following pearl of wisdom to other female lawyers looking to achieve their own definition of success with- in the profession: "I would tell them to be confident in what they want. For instance, if they want to work in a big firm, be confident about what they im- pose on themselves. "You don't have to be a mem- ber of every committee, in my respectful view. You don't have to necessarily be on the partnership track to attract good work. You can, in this day in age, hopefully negotiate something with a larg- er firm that is suitable for you. Because at the end of the day, there's more to life than working in an office in a tower." LT This is the sixth in our Women in Law series that is running in Law Times, featuring profi les of female lawyers from around the province. Reduce your research time with these useful features: • concise Table of Contents with detailed Table for each Act • a thorough subject index • legislative history for each provision • bleed tabs to help you locate exactly what you need Volume 2 covers: • Clean Water Act, 2006 and regulations • Nutrient Management Act, 2002 and regulations • Ontario Water Resources Act and regulations • Pesticides Act and selected regulations • Safe Drinking Water Act, 2002 and regulations • Technical Standards and Safety Act, 2000 and regulations Perfectbound • Vol. 1 - 1,006 pp. • Vol. 2 - 1,044 pp. October 2008 •Standing order $87 • P/C 0800140000 Current edition only $97 • P/C 08000100000 Multiple copy discounts available • ISSN 1195-163X Consulting Editor: Dianne Saxe

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