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In conversation with Chris Paliare In conjunction with the Toronto Lawyers Association Award of Distinction presentation in Toronto on March 2, 2023, Evan Thompson spoke with Chris Paliare, Partner at Paliare Roland Rosenberg Rothstein Barristers LLP, Toronto and this year’s Award recipient. |
T.L.A.: What initially attracted you to the legal profession?
Chris Paliare: I never dreamed I would become a trial lawyer. As an inner-city kid, we had an intergenerational family when I was growing up. There were seven of us living in a small house at Eastern Avenue and Pape, so thoughts of becoming a professional of any type just was not contemplated. My father had a diner on the Danforth where I worked on weekends and during summers from the age of 13. I admired the way he interacted with people. He loved his customers but also, he would not hesitate to give a hungry person a bowl of soup and a sandwich.
Despite my Dad’s kindness to others and the joy he found in his business, over time I realized I did not want to take on the family business and run a restaurant. I started to consider different professional paths to provide me with greater opportunities, but I had no professional role models. I did not know any lawyers nor had any idea what lawyers really did, but I liked helping people, so ultimately law seemed like a good bet. I followed my instincts and was the first in my family to go to university and then law. I quickly discovered law is not just a job – it is a profession and a demanding profession at that. That said, I loved being a litigator from the very start.
T.LA. Can you share some moments in your career that brought you great satisfaction?
Chris Paliare: I had the opportunity to represent the Macedonian Human Rights Association at the Organization for Security and Co-operation in Europe (OSCE) in Moscow in 1991 to advocate for Macedonians whose human rights were being violated in Greece. OSCE is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations.f Appeal - another wonderful environment that gave me a great work/life balance and many lasting friendships. I thought it was the perfect fit for me, and would be my “forever” job.
I also went to Helsinki and Warsaw to advocate on behalf of Macedonians whose human rights had been violated by the Greek Government and to persuade other nations under the Helsinki Accord to acknowledge that Macedonians living in Greece were entitled to basic human rights. We were able to shine a light on those human rights abuses which had previously been unrecognized by the EU partners and other Western democracies. Giving voice to the Macedonian minority in Greece was a very rewarding outcome.
Using law as an agent for social change has always been important to me. In the late 70’s, I acted for a tenant facing eviction from Ontario Housing due to the behaviour of her children who lived with her. I convinced The Court of Appeal to recognize that the Board of Directors of Ontario Housing could not remove a tenant from public housing without ensuring that the tenant was treated fairly before eviction (Webb v. Ontario Housing). It may sound obvious today, but this decision was ground breaking, so much so that it has been included in administrative law textbooks since. As a result of this decision, public housing landlords were required to abide by the duty of fairness when planning to evict tenants from public housing.
Another important and successful case involved agricultural workers who wanted to join a trade union (Dunmore). They were prohibited from doing so under the Ontario Labour Relations Act, even though they were among the most vulnerable group of workers in our society. At the time there were five cases decided by the Supreme Court of Canada stating that collective bargaining was not included in s. 2(d), freedom of association. Overcoming those precedents was challenging. This was the first case where the court applied s. 2(d) of the Charter to the benefit of trade unions by striking down the prohibition in the OLRA and allowing agricultural workers to join a trade union. Subsequent cases applying Dunmore expanded the law with respect to freedom of association and allowed other excluded groups to join a trade union and enjoy the benefits of collective bargaining.
In 2012, the Supreme Court of Canada agreed with our jurisdictional argument that Morgan Van Breda could bring her action in Ontario for an accident that occurred in Cuba. Club Resorts Ltd. v. Van Breda is one of the leading cases today on matters of jurisdiction.
In another case before the Supreme Court of Canada, the Court allowed an appeal granting the accused his third trial on a charge of first degree murder (Howard v. The Queen). The Supreme Court of Canada had never done that before. Murray Howard was facing a twenty-five year sentence. Getting him another opportunity at a fair trial was critical.
T.L.A. Can you share some moments that tested your resolve to become (and remain) a litigation lawyer?
Chris Paliare: In law school my classmates had degrees in various disciplines, including engineering, medicine and commerce. I entered law school after two years in undergrad so I did not even have an undergraduate degree. I felt intimidated by my classmates’ academic achievements and as a child of an immigrant family I did not feel a similar sense of accomplishment. This weighed on me.
Another example was when I lost my first case, as all lawyers eventually do. While I found the experience to be painful it was ultimately very helpful because it caused me to analyze the reasons for the loss and I realized then and still recognize now, that I learn a great deal in cases where I may not have been as successful as I had hoped. However, losing a case where I am certain that the result should have been in my favour does present a real test of my resolve.
T.L.A. What makes a good lawyer?
Chris Paliare: My list includes: integrity, civility, passion for your profession and a genuine curiosity to better understand the needs of clients. You need empathy, which is really the ability to put yourself into your clients’ shoes. From my parents, I learned the importance of treating people fairly.
Also, as a litigator, you need a passion not only for advocacy but also for planning and strategy. You should constantly ask, “How will I get to the end zone for my client?”. We must remember we are members of a profession. Clients come to you with problems, often serious problems, and they are relying on your skill and expertise. That’s a burden you need to bear and take very seriously.
Tenacity and self-discipline are also critical. My parents taught me a strong work ethic. I spent many nights and weekends working late, in addition to attending networking events, working my way up in the Toronto law scene.
In my early days as a litigator three quarters of my practice involved having clients with legal aid certificates, criminal law, immigration and civil liberties issues – it didn’t matter. I tried to use the law as instrument of social change. For me, it wasn’t about making money. I just wanted to litigate. I was definitely a workaholic in those early days and did not marry until I was 40 years old. So, to young advocates I say – take any case that will get you into court so you can learn your craft of persuasive advocacy.
More recently, I have come to appreciate work-life balance. That came from marrying a wonderful partner and having two amazing daughters. Ensure that you take time to incorporate your family into your professional life.
T.L.A. How has social media changed the public awareness and acceptance of growing economic and emotional disparities that many people face?How has social media changed the public awareness and acceptance of growing economic and emotional disparities that many people face?
Chris Paliare: I’m not involved in social media and do not have any accounts. However, the information explosion has certainly made people more aware of social disparities and how they can negatively affect certain people and segments of our society. The MeToo movement is an example of people coming forward who would not have done so in the past. And social media has helped to make the general public more receptive to addressing issues of overincarceration and Indigenous issues, especially when the horrors of residential schools started coming to light.
T.L.A. Do you have any advice for aspiring litigation lawyers about how to navigate their journey?
Chris Paliare: Take time to savour the enormous personal satisfaction that comes from helping people who come to you in times of need. Take pride in being part of a profession dedicated to affecting social change. You will not win every case and losing a case when you feel the verdict was unjust can be difficult. But a legal career can be a wonderful journey.
I also encourage young lawyers to serve the community as well as focusing on their practice. You each bring a much-needed skill set that can benefit communities in many ways you may not have imagined. For example, while finding my way in law, I was honouring my Macedonian heritage as a lawyer and for over 45 years now, I have been serving on the board of Macedonian Place, a home for our Macedonian senior citizens. This continues to be a gig that I still enjoy today.
T.L.A. Who are some people who have helped guide you in your career?
Chris Paliare: Harry Arthurs was an inspirational professor who taught me at Osgoode. I had the pleasure of being his research assistant during my second and third years in law school. He showed me the importance of writing persuasively, researching and being committed to excellence. Harry encouraged me to go to the University of Texas at Austin to obtain my Master of Laws degree. That experience has served me well and studying there would never have occurred to me had Harry not suggested it.
The late Ian Scott was the most important influence early in my legal career. He is still highly regarded by those who knew him for his career in both the court room and legislature.
I articled with Ian Scott and Stephen Goudge, both of whom impressed me with their drive, legal ingenuity and commitment to social justice issues. At the time they both made me wonder how lawyers could consistently perform at such a high level – they were amazing advocates and it was quite intimidating. Ian went on to become one of Ontario’s most highly respected Attorney Generals and Steve went to the Court of Appeal. I was, indeed, very lucky to have learned from each of them.
Linda Rothstein, my partner at our firm, has taught me about the importance of advocating for women, both inside and outside the legal profession, as well as formulating creative, strategic advice and behind-the- scenes counsel work on high stakes cases. She is amazing on so many different levels and continues to be an inspiration for me.