I'll try to do it in two minutes.
Quickly, then, it's interesting to note that in the CN case, David was actually not a counsel in that at all. He saw a situation that he thought should be resolved in a certain way, and he basically wrote a case comment that was published. This was what was so inspiring about Lepofsky's work, the way he would take different approaches at different times. I tried to have that come through in the report to show people there is this plethora of tools that you need to choose from, and you need to know when to choose which tools.
This was something David was able to have a really strong influence on, without really getting as involved as if he were actually representing one of the parties in the case. He wasn't even amicus curiae or at any level of the court. Nonetheless, Justice Abella read the comment and cited it with approval in her decision. This shows you that the really powerful message can come through in a way that's not adversarial at all. He didn't direct this to anybody; it was just being published for anybody with a legal interest to read and it got picked up.
One thing David said that was really important was about his role. He sees himself as an educator, so he's not really trying to convince anybody of anything. He's just trying to give everybody the information and the facts and to lay them out so that they can make their decisions.
In that CN case, what he did was to explain properly how the legal test should proceed. It wasn't so much that the company was seeking an exemption as much as it was about when to look at the effects of making a decision on the cost of implementing the infrastructure. They were trying to say that what needed to happen was to look at the cost for them to change from what they had to what they were being asked to change to. But the real argument—and this was the one that was made and that won the day in court—was that they needed to look at how much extra it would have cost for them to do it right the first time. Those laws were in place when they bought the inaccessible train cars. They should have been thinking about it, and the fact that they didn't, didn't give them an excuse to later say that it would cost too much now to change it.
It really just pinpointed the very specifics of the legal test and how to perform that legal test, and that changed the whole outcome.