Law clerks have the unique opportunity to work closely with judges and to become involved in many aspects of the trial process. Clerks review pleadings, provide judges with oral opinions and written memoranda of law on a broad range of legal topics, edit judgments, and prepare case summaries. Depending on the needs of the judge, a law clerk may be asked to perform exhaustive research from all relevant sources or to find a quick answer during the course of a hearing. Clerks may also assist judges in preparing scholarly work, speeches, and presentations on law-related topics.

However, clerking at the trial level is about more than legal research. Law clerks are encouraged to attend hearings and to discuss their observations with the presiding judges. This opportunity provides law clerks with invaluable insight into judicial reasoning and decision-making processes. Law clerks observe outstanding advocates bring court procedure and rules of evidence to life in conducting their opening addresses, direct examinations, cross-examinations, and closing arguments. Clerks also observe and discuss jury selections, sentencing hearings, case conferences, bankruptcy hearings, summary conviction appeals, civil motions court, and family court.

In addition, all law clerks participate in educational seminars held throughout the year. The seminars are conducted by judges and senior counsel on topics of interest to the clerks. Law clerks have also traditionally been invited to attend judges’ conferences, and training is provided to clerks during an initial two-day orientation session in Toronto.

Divisional Court Clerkships

In Toronto, three law clerks are dedicated to the Divisional Court. The Divisional Court clerkships will appeal most to those candidates who seek to develop in-depth expertise in administrative, labour and appellate legal issues. The Divisional Court is the main forum for administrative and constitutional law challenges to actions of the Ontario government.

The Divisional Court handles appeals from some civil and family judgments in addition to statutory appeals and judicial reviews of decisions from a wide variety of Ontario tribunals dealing with human rights, securities regulation, welfare and social assistance, municipal law, landlord and tenant issues, commercial registration, and professional discipline of lawyers and health care professionals. The Divisional Court clerks provide legal research assistance to the judges of the Divisional Court and prepare pre-hearing bench memoranda. These positions provide the opportunity to observe the argument of appeals and judicial review applications in court, and to consult directly with the judges involved. Divisional Court clerks also provide legal research assistance to Superior Court judges.

Clerkship Locations

There are 27 clerkship positions available across the province in the following locations:

Each location offers the opportunity to work with a variety of judges on a wide range of legal matters. While the law clerks may be geographically dispersed, they may work collectively with clerks in other regions. The law clerks are supervised by a manager and counsel in Toronto, and each clerk has a judicial mentor. Salary and benefits are the same for each location.

In Toronto, each law clerk is typically assigned to work for ten to twelve full-time and supernumerary judges. The judges themselves are assigned to various rotations, including family, criminal, civil, estates, and commercial. As a result, law clerks get to work with a variety of judges on a wide range of matters.

In all other locations, law clerks conduct research for the judges throughout their respective judicial regions. The work-sharing arrangements in locations with more than one clerk vary by judicial region.