James LeNoury had scarcely launched into his oral submission on a Supreme Court of Canada wrongful dismissal appeal when questions began to fly thick and fast. One of the jurists impatiently asked for his position on the appropriate standard of review. Another unleashed a salvo of questions about remuneration: “Why do you say severance pay wouldn’t make sense? How do you square that?”
LeNoury found himself momentarily thrown off course; an unhappy fate many a Supreme Court litigant faces when the bench begins to heat up. He faced a choice between two options: respond off the cuff or risk the ire of the panel by shunting their questions aside and plowing onward. LeNoury took a breath and tackled them one by one.
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