President's Column

Section Talk

Practice Talk

Legislative Update

Real Estate Act Four Perspectives

CBA Standard Undertakings

Lawyer Referral & Dial-A-Law Services

I 0 Steps to a Hard-Working Web site

Executive Director's Column: Law Week

Nothing Official

CBABC Web site

Bar Moves

Classified Ads

Bar Talk Publication Sales Agreement#40741008

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The Canadian

Bar Association British Columbia What Members Want Service, action and communication

In any member service organization, re­search into what members want is critical. CBABC has made it a priority to establish

new ways to collect that information, and to set a benchmark for future performance.

A professional research firm, chosen for its ex­pertise in customer relations, was consulted to develop and implement an online survey and interviews. More than 500 members took the time to tell CBABC what it is they value in their membership, and what they want to see im­proved.

We committed to them, and to you, to respond. This will not be research that sits on a shelf; a shift in focus has already begun, across all are­as of the organization.

First, members told us that participation is the greatest value they get from us; when members get involved in the CBA- whether through Sec­tions, the Web, or committees and conferences­they feel they get more value for their member­ship dollar. It's our job to make sure more people take advantage of what their CBA membership 'buys' in terms of access to our professional re­sources and networks.

Second, communication can't be one-way; there has to be more dialogue to expand the input that members have into the working of their Associ­ation. In particular, there is a need to better in­volve and reflect the views of those outside the 'usual' policy development loop, and those out­side the Lower Mainland. In June, we'll be invit­ing 24 members from around the province, to en­gage in a day-long workshop to direct our efforts to make CBA more accessible and rele­vant, no matter where our members work

Third, our Web site needs to be more user­friendly and open- while people say they rec­ognize the value of keeping some things "be­hind the wall" for members only, it should be much easier to access online resources that membership dollars have paid for.

Fourth, our advocacy role is seen as critical, and needs to be 'cranked up.' Whether it's about government relations, regulatory decisions, or speaking up for lawyers and judges in the me­dia, it's the CBA's job to step up and represent lawyers' interests loudly and strongly. It's what members expect, and they want to see more of it.

Fifth, members want us to do something about the image of the profession. Members are realis­tic about the views some people hold about law­yers, but they expect the CBA to tackle misinfor­mation and misperceptions head-on and be active in public debate about the profession, the law and the justice system.

These are five of the major themes we heard from members through this survey, with many recommendations and ideas attached to each. We are putting some into action immediately, and planning for longer term strategies on oth­ers. For example, a new public education cam­paign is underway (see page 24) and we are pi­loting Section meeting teleconferences to engage members in remote locations.

We entered into this process committed tore­sponsive action, and we are delivering on that commitment. If you have ideas about how we can do better, we want to hear from you. •

www.bccba.org

Once is never enough!

If you have changed firms,

changed addresses, have a

new e-mail address or

phone/fax number, please

let us know. Letting the Law

Society in on the secret is

not enough!

E-mail data@bccba.org,

phone 604-687-3404 or

fax 604-669-960 I. (Toll

free options: phone 1-888-

687-3404 or fax 1-877-

669-9601).

2

Letters to the Editor Re: BarTalk Vol. 15/No. 6 "Bikram Yoga Contest"

Yoga is a mystic religious practice of Hindu or­igin, the purpose being to break the cycle of re­incarnation and "become one with God." It is not correct to say yoga is just a form of exercise. If so, why do so many teachers study under gu­rus? Why do people chant during yoga ses­sions? Although many practitioners suffer no ill effects, yoga can bring suffering. The mystic practices are intended to raise spiritual power called "Kundalini." This power is very real, and can be dangerous. Your readers may be in­terested in the following Web sites:

1. Atwww.kundalini.se, click on "Kundalini Network & Information" near the bottom of the page

2. http:/ /kundalini-support.com/forums

Here are brief quotes from one site:

"Kundalini arousal occurs especially as an uninten­tional side effect of spiritual exercises ... many peo­ple have gone insane from the tremendous Kunda­lini energy... yoga and meditation teachers ... should inform students and clients about the great risk of brain and nervous system collapse .. . modern medical science has limited knowledge and experi­ence in this area. "

Sounds unbelievable, but it's true. I have spo­ken with several people who were debilitated

as a result of yogic spiritual exercises. There is a psychiatrist in Vancouver who specializes in helping Kundalini sufferers. Perhaps it is inap­propriate to promote mystic religious practices in our professional journal.

Ruth P. Magnusson, Victoria

•

Re: BarTalk Vol. 16/No. 1 "The Four Horse­men of the Apocalypse"

I read your delightful article today in the latest issue of BarTalk. I must commend you for your tact in dealing with the modern-day rough equivalents of locust plagues. In particular, I was very curious about your suggestion to foil the anti-telemarketing machine. As I was read­ing that paragraph and was charging on­wards to the Orks reference, the phone rang ... with no response on the other end. You may guess as to what transpired. Thanks for the suggestion.

Ritchie Po, Vancouver • Send your letters to the Editor to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll free fax: 1-877-669-9601 E-mail: cnevin@bccba.org

Expert Advice: Going Solo and Client Surveys

P RACT I CE LIN K This month in CBA Prac­ticeLink, check out the

site's new "Packing My Own 'Chute'" series, which follows the unique trials and challenges of Sandra L. Schulz, QC, a lawyer and media­tor who operates a private practice from home. Besides being an engaging read, the series of­fers practical advice that readers can apply to their own practices.

Also new this month is a feature on the impor-

tance· of conducting client surveys. Be sure to consult the site's ever-expanding collection of Quick Tips to enhance your productivity at work. Coming soon: The keys to effective client selection, tips on marketing your Web site [Ed­itor's note: See page 20 for a related article], and a law firm guide to accessibility for persons with disabilities.

For all this and much more, www .cba.org/ practicelink.

visit • BarTalk Vol. 16/No. 2

President's Column

CBA Government Relations Advocacy

D uring my term as President the Branch has been working to develop an effective government relations ad­

vocacy program to protect and advance the in­terests of lawyers in British Columbia. So much of what the CBA does involves advocacy with the provincial and federal governments. Legal aid issues and access to justice concerns are al­ways front and centre and our members expect the CBA to constantly advocate in these areas. In this article I would like to shift the focus to several other initiatives that our members may not be aware of:

1. The campaign to remove the Social Serv­ice Tax on legal services

Back in 1992 the Social Services Tax Act was amended by the previous government to in­clude a 7 per cent provincial tax on legal serv­ices. Purportedly this was to fund legal aid. Over the past 12 years the funds collected have gone into the government's general revenues and are not being used for their stated purpose. Legal fees are the only professional fees subject to a provincial sales tax. The tax is now 7.5 per cent. Ironically, the increase from 7 to 7.5 per cent was introduced by government to help fi­nance increased medical costs in the province. In the result, the tax on legal services has gone up to fund medical aid at a time when legal aid funding has gone down.

CBABC representatives have met with approx­imately 24 MLAs and Ministers over the past several months to advocate the removal of this tax. The key messages that we are delivering include:

a) The 7.5 per cent tax is discriminatory and unfair;

b) The tax is not being used for the purpose for which it was intended; and

c) The tax does not allow B.C. businesses (law firms and their clients) to be competitive.

April 2004

To further advance this campaign we are in the process of forming a Social Services Tax Task Force. The sole purpose of this group will be to advocate the elimination of this discriminatory tax. We expect the task force to be in place by the end of March.

2. The Real Estate Act

Recently the government proposed changes to the Real Estate Act that would eliminate the right of lawyers to help their clients sell real estate. CBABC initiated an intensive campaign and consultation process with the Real Estate Association, Real Estate Council, Law Society and Society of Notaries Public. We are pleased to announce that it appears that the efforts of all parties to reach agreement have been suc­cessful, and the lawyers exemption under the Act will remain.

3. Solicitors Liens and the Personal Infor­mation Protection Act

CBABC and the Law Society have raised to government our shared concerns that the Per­sonal Information Protection Act might permit in­dividuals to use privacy legislation to improp­erly defeat valid solicitors' liens. The CBABC has been lobbying extensively with the govern­ment, including the Minister responsible, to ensure that this unintended consequence is remedied. On March 23, I met with the Hon­ourable Joyce Murray, Minister of Management Services, to discuss this issue and potential so­lutions. The CBABC will continue to work to obtain an effective resolution of this potential conflict.

THE ROLE OF THE CBA

The Canadian Bar Association's primary focus is to ensure that the interests of lawyers are protected and advanced. National and CBABC staff, plus an army of dedicated lawyer volun­teers, work tirelessly to fulfil this mandate. As Branch President I am truly amazed at the time and energy our members give to meet this com­mitment. •

Robert C. Brun

President 2003/2004

B. C. Branch,

Canadian Bar Association

3

3 4

Appointing Judges to the SCC When it comes to appointments to the Supreme Court of Canada, the CBA message is unequiv­ocal: Parliamentary committee review does not serve the best interests of the judges or the Ca­nadian public.

To ensure this message reaches the decision makers, the CBA wrote to the Prime Minister Paul Martin and Cabinet on March 8. The letter argued for a more transparent advisory proc­ess to facilitate selection of the best candidate.

"We are strongly opposed to any system that would expose judges to Parliamentary criti­cism of their judgments, or cross-examination on their beliefs or preferences or judicial opin­ions, or any measure that would give to Cana­dians the mistaken impression that the judicial branch answers to the legislative branch," said CBA President Bill Johnson.

On the heels of the resignations of Madam Jus­tice Arbour and Mister Justice Iacobucci from the sec, the subject of judicial appointments to the Supreme Court has once again been brought to the public's attention. Responding to media questions at the Mid-Winter Meeting in February, Mr. Johnson spoke to The Globe and Mail, La Presse and Canadian Press. He also spoke to CBC Radio in English and French for an upcoming documentary on the appointment process.

The CBA favours a review process by an advi­sory committee made up of lawyers, judges, government representatives and the public. This structure is already in place for appoint­ments to provincial trial and appellate courts.

View the news release at www.cba.org/CBA/ News/2004_Releases/2004-02-20_scc.asp .•

Patent & Trademark Agents Privilege Rejected The national Intellectual Property Law Section says there is no need to extend privilege to pat­ent and trademark agents as recommended by the Intellectual Property Institute of Canada. In its February 2004 submission, the IP Section concluded that the current jurisprudence strikes the proper balance between protecting

private communication and the need to dis­close information in litigation. The Section also argued there is no public outcry to extend priv­ilege to the clients of patent or trademark agents. View the submission at www.cba.orgL CBA/ submissions I main/ 04_07.asp. •

Code of Professional Conduct Debated The CBA' s revised Code of Professional Con­duct had its first official test at the 2004 Mid­Winter Meeting of Council in Whitehorse. Dur­ing the debate, members expressed their views on confidentiality rules and conflicts of inter­est. The discussion on sex with clients sparked a lively debate among members, while media have followed the subject since it was intro­duced at the CBA Canadian Legal Conference last August. Further debate and a vote are ex­pected at the next Council meeting this August in Winnipeg.

To view the Ethics Committee's final report please visit www.cba.org/CBA/EPIIGram/ Mar2004/ default.asp. •

Online Resource: www.lawlink.bc.ca

The Legal Services Society has creat­ed LawLINK, an online legal informa­tion service for British Columbians.

LawLINK pools reliable information from many sources on topics such as housing, crime, con­sumer and debt, family, immigration and refu­gees, and wills and estates.

BarTalk Vol. 16/No. 2

The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political is­sues affecting given areas of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activi­ties of some Sections.

Ron Usher, of the Law Society, spoke about the new Land Title E-filing project that is sched­

Shelley Bentley uled to "go live" on April1, 2004. The process occurs in three stages:

1. Preparation of the electronic document. In this stage, counsel prepares the electronic

She lley Bentley is in private Land Title Form by computer. Prior to this practice at G. Davies & process counsel should have an executed Company. copy of the document. While it is acceptable

for counsel to rely on a copy of the executed document, Mr. Usher recommended that counsel always have an original of the document on file.

April 2004

2. Digital signing of the electronic document. Once the electronic document has been completed, counsel needs to digitally sign the document. The digital signature will then be reviewed through the government's computer mainframe that verifies the digital signature with Juricert at the Law Society. All system users are required toregisterwith Juricert and receive a "CA" designation.

3. Electronic document is submitted into the E-filing system. Submission of the document and verification of filing takes approximately two minutes . At the conclusion of the process, counsel receives the electronic document with a digital time stamp indicating the registration number and the date and time of the filing.

The current system is designed so that counsel can make minor modifications to the electronic

document prior to the digital signing of the document. Once a document has been digitally signed it cannot be modified or revised by counsel. Under the E-filing system, if an elec­tronic mortgage document is rejected for any reason (e.g., incorrect PID number) no pending registration number will be assigned to the document and it will be completely rejected. Currently, under the current manual system, even if a mortgage is ultimately rejected, it will still receive a pending registration number and allows withdrawal for correction.

Some of the advantages of the new E-filing sys­tem are that fees will be deducted immediately from a firm's B.C. Online Account. Payment of Property Transfer Tax will also be handled electronically. Courier costs will be saved. A State of Title Certificate can be ordered auto­matically on an electronic form.

As of January, 2004 sections 13 and 14 of the Standard Form of Contract of Purchase and Sale have been modified to clarify the obliga­tions of the parties and the use of the CBA Standard Undertakings. These changes were not necessitated by the introduction of the E-fil­ing system. However, lawyers may wish to change their undertaking letters to allow for the emailing of a post-filing transfer document with execution particulars on it.

COMMERCIAL AND REAL ESTATE­VANCOUVER ISLAND

Guy Whitman provided a case comment on the effect of the decision about builder's liens in Shimco Metal Erectors Ltd. v. District of North Vancouver, 2003 BCCA 193. The Court of Ap­peal upheld the B.C. Supreme Court's interpre­tation of the Builders Lien Act finding that a lien may be created on a holdback separately from a lien on property. The decision creates uncer­tainty because there is no mechanism in the Act to govern the lien holdback procedure. Mr. Whitman noted that it does not appear that ac-

Continued over

5

3

Section Talk

New Employment Law Section Holds First Meeting

A well-attended inaugural

meeting of the Employment

Law Section was held Feb­

ruary 4. Among other busi­

ness, the members elected

the Section's executive,

which will be led by Chair

Matthew Cooperwilliams.

Guest speaker Carman

Overholt, QC addressed

the Section on "jurisdiction

Simpliciter in the Employ­

ment Law Context." This

subject was of particular

interest to counsel who are

involved in advising cl ients

in connection with multi­

jurisdiction employment

matters .

To participate and attend

upcoming Employment Law

Section meetings call the

Branch office for an enrol­

ment form .

6

Section Talk Continued from page 5

tual notice of the lien is required. Commencing an action or even giving written notice assert­ing the lien may be sufficient. It is unclear what extinguishes the lien. For a thorough critique of the Shimco decision Mr. Whitman referred members to the B.C. Law Institute discussion paper accessible through www.bcli.orglpag­es I projects lbuilderslien I Shimco I ShimcoCP.pdf

POVERTY LAW

Shelagh Day, Co-Director of the Poverty and Human Rights Project, addressed Section members about her work on the constitutional challenge to the welfare time limits recently im­posed by the B.C. Government. The challenge is under section 7 of the Charter, security of the person. She noted the breadth of concern about the time limits. The 24 month time limit cou­pled with other reductions in welfare has re- · suited in a large decline in the income of fami­lies with young children. The federal Canada Assistance Plan (CAP) set standards requiring that provinces provide adequate welfare for everyone in need. CAP has been repealed. Un­til its repeal welfare time limits legislation would have been impossible. Now that the cur­rent federal transfer payment legislation is in force, the federal government is making lump sum transfer payments to the provinces with no conditions attached.

SENIOR LAWYERS

B.C. Police Complaint Commissioner, Dirk Ryneveld, QC, spoke about his recent four year term as the Senior Trial Attorney for the Inter­national Criminal Tribunal for the former Yu­goslavia in The Hague, Netherlands.

Mr. Ryneveld's presentation focused largely on his prosecution of Slobodan Milosevic. This case involved allegations arising from three wars allegedly directed by Milosevic in Croatia, Bosnia and Kosovo, spread over a pe­riod of some years. Mr. Ryneveld described the difficult conditions under which he and the Court functioned. The law being applied was a mix of British Common Law, Napoleonic (i.e., European) Law and law used in other jurisdic­tions. The trials were conducted in four lan­guages so that simultaneous translation was constantly required; 95 per cent of the massive volume of documents involved were in foreign languages (mostly Serbian) and had to be translated. The three judges on the Milosevic panel were English, Jamaican and South Kore­an. The five lawyers on Mr. Ryneveld's team were from five other countries. The court im­posed a six month time limit on the presenta­tion of the prosecution's case and restricted the prosecution to 90 witnesses (and subsequently increased this number to 127). Although his term ended, the prosecution of the case has continued. It was extended to February 2004, following which the defence will be presented. •

lnsiderTradingTask Force Proposal Rejected The CBA has rejected a call for special regula­tory measures for lawyers recommended in a report of the 2002 Insider Trading Task Force that evaluated how best to address illegal in­sider trading on Canad1an capital market. The CBA argued that its Code of Professional Con­duct and each of the Law Society Codes ade­quately protect the confidentiality of private in­formation.

A year ago, the task force asked the CBA to draft "best practices" for lawyers concerning the containment of confidential information about issuers. On behalf of the CBA, members Warren Grover, Catherine Wade and Kenneth Wiener responded that there was no need for further rules on information containment.

View the submission at www.cba.orgiCBAI submissionslmainl04_02_2.asp. •

BarTalk Vol. 16/No. 2

David J. Bilinsky

J. Bilinsky is the

Practice Management

Advisor at the Law Society

of British Columbia. He can

be reached on the Internet

at db il insky@lsbc.org.

The views expressed herein

are strictly those of the

author and may not be

shared by the Law Society

of British Columbia.

April 2004

Teamwork The evolution of leadership ...

~ It's good for all my people and it's good enough for me

Gimmie that old time religion ... ~

Words and music anonymous, first

published by Charles D. Tillman

Think of a lawyer and an image of a solo warrior heading off to battle may spring to mind. Unfortunately, like most stereo­

types, it is increasingly out of touch with reali­ty. Law firms have discovered that to survive and thrive in modern society, they have to reach back to the old-time concept of teams and leaders. Firms have discovered that groups led by effective leaders possessing so-called 'soft' skills (coaching, counselling, mentoring, tutor­ing, and motivating) are much more effective than just groups of lawyers and staff working together. A group is not a team. A team comes together for a shared goal or task, such as han­dling a particular client, file or area of law.

There are many benefits to having teams: teams outperform groups; team members sup­port each other's growth and learning; teams maximize the use of human and other resourc­es; teams share knowledge amongst its mem­bers; and team output is synergistic- greater than the sum of the individual parts. Further­more, teams allow firms to mentor juniors, pro­vide head-room for senior counsel to tackle higher-value work, and allow a firm to transi­tion to alternate billing methods. In short, work is competently performed at the lowest cost to the firm while maximizing profitability.

So how do you evolve from individuals to groups to teams? Here are some suggestions put forward in this area:

Build the team: The first duty of a leader is to ensure that the foundations for team develop-

ment have been put into place. This is based on the work by Herzberg on hygiene and motiva­tional factors. Any issues lying within the fol­lowing topics that affect the team must be re­solved to the satisfaction of the members in order to take them to the next level: working conditions; policies and administrative prac­tices; salary and benefits; supervision; status; job security; fellow workers; and personal life. For example, including someone who for one reason or another will not fit within the dy­namics of the team will only frustrate the other members and prevent the team from moving forward. This last factor is so important that elite military teams themselves select their fu­ture members from potential recruits.

Communicate the vision: What is the goal to which you are striving? Let the team members know how each of them plays a role in reach­ing that goal.

Be passionate!: One of the greatest motivators is seeing a leader's passion to accomplish the goals of the team. Conversely, a lack of passion sends a message that "this doesn't really mat­ter all that much." Get behind your team and radiate energy!

Enable others to act: Give your team mem­bers the tools and the space to get the job done. Then get out of the way- micro-management is not a leadership style. Trust your members to do what is right.

Get dirty!: You are encouraging the team mem­bers to reach beyond their current abilities into new and unknown territory. Leaders are will­ing to be the first to try something and show that not getting it right the first time is just fine. Stretch and pull others along with you.

Continued over

7

Practice Talk

Il l LAP

Lawyers Assistance Program

LAP provides confidential

support, counselling and

referrals for lawyers, their

fam ilies, support staff, judges

and students suffering from

alcohol and/or chemical

dependency, stress, depres­

sion or just about any type

of personal problem.

For assistance or informa­

tion on meetings and

resources please call

604-685-2171 or toll free

1-888-685-21 71.

The LAP office address is

415-1 080 Mainland Street,

Vancouver, B.C. V6B 2T4.

Visit LAP on the Internet at

www. lapbc.com

8

Practice Talk Continued from page 7

Encourage: There are three distinct styles of leadership: au thoritarian; participative; and delegative. Note that each of these styles is used in different situations and with different peo­ple. The authoritarian tells people what they want done and how. Typically this is used in crisis situations when time is short and the team members are already well-motivated. The participative leader involves people in the deci­sion-making process, reserving the right to

make the final decision. Typically this style is used where the leader does not possess all the information to make the right decision . The delegative leader sets the priorities and allows the team members to decide what has to be done and how to do it. The delegative leader remains ultimately responsible for the work of the team and is comfortable with the decision­making ability of the team.

Law firms are catching that old time religion and transforming into well-oiled teams. After all, it is good for all their people! •

-

I

All-Lawyer Cast Takes to the Vancouver Stage

, . ~:...;:. _

•

. ''- -. =.~

"' ' "' o..! . ..... -.

"Inherit the Wind" is

On April 16th and 17th the Arts Club and Touchstone Theatres in association with the Vancouver Bar Associa­tion will present "Inherit the Wind" at the Stanley Theatre.

The play is the dramati­zation of the infamous based on the Scopes

Monkey Trial. "Scopes Monkey Trial" that pitted legal titans

William Jennings Bryant against Clarence Dar­row representing a Herculean clash of religious fundamentalism against Darwinian science over the issue of the teaching of evolution in the State of Tennessee in 1925. This smash Broadway hit first premiered in 1955 and has been performed almost every night since some­where in the world. This is legal and theatrical excitement not to be missed!

The cast is composed entirely of lawyers in­cluding Hamish Cameron, QC as Brady (i.e., Bryant), Rob Ruttan as Drummond (i.e., Dar­row), Gerald Lecovin, QC as the Judge and a host of others. In addition to the talented cast, special guests will be in the production. They include: Chief Justice Finch, Allan McEachern, Justice Newbury, Justice Oppal, Judge Gave, Judge Rounthwaite, UBC Dean Mary Anne Bobinski, Ian Hanomansing and William De­verell.

This team is led by Director Katrina Dunn, As­sistant Director John Murphy and their staff. For details visit www. touchstonetheatre.com/ lawyer /lawyershow.htm. All proceeds from this event go to charity.

Tickets cost $75 ($45 tax receipt) . Included is a post-show reception with the cast and a glass of wine. To purchase tickets, call 604-687-1644. • Win a QP LegaiEze Subscription 1

The Queen's Printer has given BarTalk an annual QP LegaiEze deluxe package subscription for a contest draw. The value of the prize is $549. To enter the contest, e-mail cba@ bccba.org before May 14, 2004 and tell us what is the most valuable service that the the CBA provides to you.

,--What is QP LegaiEze?---------­QP LegaiEze is a fully searchable, comprehensive database of current B.C. legislative information . Day passes, monthly passes and annual subscriptions available. Data includes current:

• Statutes and Regulations • Point-in-Time Tables • Full text Orders-in-Council • B.C. Gazettes • Corporate Registry Notices • E-mail Notification Services

BarTalk Vol. 16/No. 2

Stuart Rennie

Stuart Rennie is the CBABC

Legislation & Law Reform

Officer. He can be reached

at 604-949-1490 (e-mail

srennie@bccba.org) .

Every effort is made to en­

sure the accuracy of the

information provided to you

in this article but the infor­

mation should not be relied

upon. Lawyers should refer

to the specific legislative or

regulatory provision. You

will see a reference in some

cases to the number of the

Bill when it was introduced

in the House. This number

may be different from the

chapter number of the new

Act which is quoted after

the title of the Act and

which is the proper citation

for the Act. The Bill

Number has been given to

you to make it easier for

you to note up the Bills you

may have in your library.

April 2004

Additional detail on the Legislative Update can be found in the online issue of the April BarTalk, posted at www.bccba.org.

ACTS IN FORCE

Administrative Tribunals Appoint­ment and Administration Act, s.B.C. 2003, c. 47 (Bill 68)

Summary: As part of the government's Ad­ministrative Justice Project, Bill 68 provides that chairs and members of specified adminis­trative tribunals may be appointed, after a mer­it based process, to hold office for specified terms.

In Force: Section 31 in force January 31, 2004. Sections 1 to 30,32 to 42,45 (b), 49 to 58, 61 to 65 and 67 to 69 are in force February 13, 2004

See Regulations to Note for the Hospital Act

•

Columbia Basin Trust Amendment Act, 2003, S.B.C. 2003, c. 87 (Bill79)

Summary: Following the government's Core Services Review process, Bill 79 amends the Columbia Basin Trust Act.

In Force: Act in force January 15,2004

•

Financial Administration Amend­ment Act, 2003, s.B.c. 2003, c. 54 (Bill 59)

Summary: Bill 59 amends the Financial Admin­istration Act including to permit the Minister of Finance to: borrow money; provide loans; issue securities; and manage government debt. All of Bill 59 is in force April 1, 2004, except for sec­tions 18, 21, 23, 24 and 26 which came into force January 23, 2004. Section 18 amends the Financial Administration Act in section 83 by striking out "Minister of Finance and Corpo-

rate Relations" wherever it appears and sub­stituting "Minister of Provincial Revenue." Sec­tion 21 makes a consequential amendment to the Home Owner Grant Act. Section 23 makes a consequential amendment to the Indian Self Government Enabling Act. Section 24 makes a consequential amendment to the Insurance Pre­mium Tax Act. Section 26 makes a consequen­tial amendment to the Taxation (Rural Area) Act.

In Force: Sections 1 to 17, 19, 20, 22, 25, 27 and 28 and Schedules A and B are in force April 1, 2004. Sections 18, 21, 23, 24 and 26 are in force January 23, 2004

•

Forest and Range Practices Act, S.B.C. 2002, c. 69 (Bill74)

Summary: Bill 74 creates a new Forest and Range Practices Act.

In Force: Act, except section 135 (1) and (2) (Annual and special reports), in force January 31, 2004

See Regulations to Note

•

Forest and Range Practices Amend­ment Act, 2003, s .B.C. 2003, c. 55 (Bill69)

Summary: Bill 69 amends the Forest and Range Practices Act including to: provide for the tran­sition between Bill69; the Forest Practices Code of British Columbia Act; and the Forest and Range Practices Act.

In Force: Sections 1 to 16 and 18 to 75, section 76, except the portion that amends sections 12 and 22 (d), (e) and (g) of the Forest Act, sections 78 and 79, section 80, except the portion that amends sections 41 (g) and 42 (2) (b) (ii) and (iv) and (c) (iii) (d) and (3) (e) of the Forest Act, section 82, except the portion that amends sec-

Continued over

9

Legislative Update

CBA National CLE Programs

The Canadian Bar Associa­

t ion's National Continu ing

Legal Education Committee

is offering the following pro­

grams:

The National Citizenship

& Immigration Law

Conference IRPA: The

Continuing Evolution

(Apri l 30-May I, Toronto)

Advocacy Before the

Federal Court on Reme­

dies in Intellectual Prop­

erty Matters

(May 20, Ottawa)

Recent Developments in

International Commer­

cial Dispute Resolution

Uune 11-12, Ottawa)

For more information on

these programs, visit

www.cle.org/CBA/CLE/

cleOO/.

10

Legislative Update Continued from page 9

tion 51 (2) (a) (ii) and (c) of the Forest Act, sec­tion 83 (a) and (d), section 84, except the por­tion that amends sections 78 (1) (a) (iii) and (c) and 81 (1) (b) (ii) and (iv), (3) (c) and (5) (d) of the Forest Act, sections 87 to 91, section 92, ex­cept the portion that repeals section 41 (8) to (13) of the Forest Practices Code of British Colum­bia Act, sections 93 to 100, section 101, except the portion that repeals section 171 of the For­est Practices Code of British Columbia Act, section 102, section 103, except the portion that re­peals section 220 of the Forest Practices Code of British Columbia Act and sections 104, 105 and 107 to 115 in force January 31, 2004

•

Forests Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 56 (Bill44)

Summary: Sections 5, 7, 9,10 (b), 11, 12" and 13 amend the Forest Act. Section 5 adds definitions of "district manager," "forest development plan" and "forest stewardship plan." Section 7 strikes out the words "or modify" in section 116. This is a consequential amendment to eliminate references to road modification from the Forest Act in order to make it consistent with the policy used under the Forest and Range Practices Act. Section 9 makes a consequential amendment to eliminate references to road modification from the Forest Act in order to make it consistent with the policy used under the Forest and Range Practices Act. Sections lO(b), 11 and 12 make amendments to make them consistent with the move from the Forest Prac­tices Code of British Columbia Act to the Forest and Range Practices Act. Section 13 clarifies that the administrative penalty provisions of the Forest and Range Practices Act extend to contra­ventions of the Forest Act and that the specific penalties may be prescribed for contraventions of the Forest Act.

In Force: Sections 5, 7, 9, 10 (b), 11, 12 and 13 are in force January 31, 2004

•

Health Sector Partnerships Agree ment Act, S.B.C. 2003, c. 93 (Bill 94)

Summary: Bill 94 applies to health secto partners who enter into agreements with pri vate sector partners to build or renovate healt care facilities .

In Force: Act in force February 2, 2004

See Regulations to Note

•

Miscellaneous Statutes Amendmen Act, 2000, s.B.c. 2ooo, c. 9 (BillS)

Summary: Section 35 amends the Motor Vehi cle Act, R.S.B.C. 1996, c. 318 to permit the ap pointrnent of the Superintendent of Motor Ve hides under the Public Service Act instead of b the Lieutenant Governor in Council.

In Force: Section 35 in force February 13, 200

•

Miscellaneous Statutes Amendmen Act (No. 3), 2003, S.B.C. 2003, c. 96 (Bil 90)

Summary: Bill 90 amends 23 statutes. Sectio 10 to 13 amend the Credit Union Incorporatio Act. Section 10 exempts specified entities d~ fined under the Financial Institutions Act fro the definition of "subsidiary." Section 11 is consequential amendment as a result of th amendments made by section 12. Section 12 al lows central credit unions to dispose of thei assets to Canadian financial institutions with in the meaning of the Cooperative Credit Associ ations Act (Canada). Section 13 permits regula tions to be made regarding dispositions a amended by section 12. Sections 23 to 2 amend the Financial Institutions Act. Section 2 allows central credit unions or Canadian fi nancial institutions within the meaning of th Cooperative Credit Associations Act (Canada) to b liquidity providers to credit unions. Section 2 exempts certain institutions from the definitio of "related party." Section 25 permits regula tions to be made designating entities for th purposes of amendments made by section 23 Section 27 amends the Freedom of Informatio and Protection of Privacy Act to repeal a referenc

BarTalk Vol. 16/No.

to the Medical and Health Care Services Ap­peal Board. Sections 46 to 50 amend the Medi­care Protection Act to eliminate the Medical and Health Care Services Appeal Board and refer­ences to it. Section 57 amends the Public Sector Employers Act to eliminate references to the Medical and Health Care Services Appeal Board.

In Force: Sections 10 to 13 and 23 to 25 are in force February 5, 2004. Sections 27, 46 to 50 and section 57, insofar as it repeals "Medical and Health Care Services Appeal Board" from the Schedule to the Public Sector Employers Act are in force January 31, 2004

•

Private Managed Forest Land Act, S.B.C. 2003, c. 80 (Bill88)

Summary: Bill88 repeals and replaces the For­est Land Reserve Act. Sections 1 to 3 provide def­initions and application of Bill88. While elim­inating forest land reserves, Bill88 also creates the Private Managed Forest Land Council. Sec­tions 4 to 11 provide for this Council. Sections 12 to 16 establish Part 3 (Management Objec­tives on Private Managed Forest Land). Section 43 permits the Council to make specified regu­lations. Section 44 is a transitional provision regarding regulations. Section 46 is a transi­tional provision regarding Council members.

In Force: Sections 1 to 16, 43, 44 and 46 in force February 2, 2004

REGULATIONS TO NOTE

Related Regulations

Court Rules Act, amends the Court of Appeal Rules (B.C. Reg. 297 /2001) in Part 4 of Form 9 (Notice of Appeal or Notice of Application for Leave to Appeal and Order granting leave) and Form 14 (Certificate Of Readiness) is amended to include a statement agreeing to undertake to pay all payable hearing fees (effective February 5, 2004 (B.C. Reg. 39 /2004))

Forest and Range Practices Act, creates the Administrative Review and Appeal Procedure Regulation (B.C. Reg. 12/2004), Administrative Remedies Regulation (B.C. Reg. 13/2004), For-

April 2004

Legislative Update

est Planning and Practices Regulation (B.C. Reg. 14/2004), Forest Practices Board Regula­tion (B.C. Reg. 15/2004), Forest Recreation Reg­ulation (B.C. Reg. 16/2004), Government Ac­tions Regulation (B.C. Reg. 17 /2004), Invasive Plants Regulation (B.C. Reg. 18/ 2004), Range Planning and Practices Regulation (B.C. Reg. 19 /2004), Security for Forest and Range Prac­tice Liabilities Regulation (B.C. Reg. 20/2004) and Woodlot Licence Planning and Practices Regulation (B.C. Reg. 21 /2004) (all effective January 31,2004 (B.C. Reg. 12/2004))

Forest Practices Code of British Columbia Act, repeals the Administrative Remedies Reg­ulation (B.C. Reg. 182/ 98), Administrative Re­view and Appeal Procedure Regulation (B.C. Reg. 114/99), Bark Beetle Regulation (B.C. Reg. 286/2001), Community Forest Agreement Reg­ulation (B.C. Reg. 384/2000), Delegation Regu­lation (B.C. Reg. 101 /99), Forest Practices Board Regulation (B.C. Reg. 170/95), Forest Recreation Regulation (B.C. Reg. 58/99), Forest Road Regulation (B.C. Reg. 351/2002), Forest Service Road Use Regulation (B.C. Reg. 173/ 95), Health, Safety and Reclamation Code for Mines (Part 11) Exemption Regulation (B.C. Reg. 132/98), Operational and Site Planning Regulation (B.C. Reg. 107 /98), Range Practices Regulation (B.C. Reg. 177 /95), Security for For­est Practice Liabilities Regulation (B.C. Reg. 178/95), Timber Harvesting and Silviculture Practices Regulation (B.C. Reg. 352/2002), Tree Cone, Seed and Vegetative Material Regulation (B.C. Reg. 164/95) and Woodlot Licence Forest Management Regulation (B.C. Reg. 325/98). B.C. Reg. 12/2004 creates the Administrative Review and Appeal Procedure Regulation (all effective January 31,2004 (B.C. Reg. 7 / 2004))

Health Sector Partnerships Agreement Act, creates the Health Care Facility Designation Regulation (effective force February 2, 2004 (B.C. Reg. 31/2004))

Hospital Act, amends the Hospital Act Regula­tion (B.C. Reg. 121/97) regarding the Hospital Appeal Board (effective February 13, 2004 (B.C. Reg. 45/2004))

Continued over

Volunteer Contributors Sought

LawNow seeks lawyers to

contribute articles for publi­

cation. LawNow is a maga­

zine about the law, the legal

process, and the relation­

ship of law to life in Canada.

It has a national subscrip­

tion base and has been

published for 28 years by

the Legal Studies Program

at the University of Alberta.

Topics to be covered in the

next volume are: oil and gas

law, basic contract law, in­

surance law, new develop­

ments in criminal law, new

developments in aboriginal

law, Law in Your Garden,

municipal law, Marriage as a

Legal Institution, and Build­

ing Democracies. Further

details about these top ics,

ideas for specific articles,

and deadlines for submis­

sion may be obtained by

e-mailing teresa.mitchell

@ualberta.ca or by phoning

780-492-1 722.

I I

Legislative Update

Women Lawyers Forum: Leadership Institute

The Women Lawyers

Forum presents the Leader­

ship Institute on Friday,

May 28 at Vancouver's

Sutton Place Hotel. The

program wil l explore leader­

ship and how it affects

women in the law. Present­

ers will define and deliver

strategies for leadership and

professional success. Each

training group wil l be limited

to 20 participants.

Presenters include:

Susan Black, Catalyst

Women, Vice-Pres ident;

Lori Brazier, Partner,

Catalyst Consult ing,

Chair, National Law

Practice Management;

and

Janet Dean, President of

ACT Training.

For details contact Cheryl

Stephens, Education Chair,

Women Lawyers Forum

604-739-0443

e-mail@cherylstephens.com.

12

Legislative Update Continuedfrompage II

NEW BILLS TO NOTE

Information is current at the time of preparing this article from January 2 to March 1, 2004. Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.

Budget Measures Implementation Act, 2004 (Bill 5)

Summary: Bill 5 amends 8 statutes. Bill 5 re­peals 9 statutes and supplements as follows : Medical and Health Care Services Special Account Act; Home Conversion and Leasehold Loan Act; Supplement to the Home Conversion and Lease­hold Loan Act; Home Mortgage Assistance Program Act; Home Purchase Assistance Act; Supplement to the Home Purchase Assistance Act; Homeowner Interest Assistance Act; Supplement to the Home­owner Interest Assistance Act; and Provincial Home Acquisition Act.

In Force: On Royal Assent for specified sec­tions and various in force dates retroactive, in­cluding from February 17, 2004 for specified sections. Section 26 (consequential amendment to the Manufactured Home Act) comes into force by regulation.

Business Practices and Consumer Protection Act (Bill2)

Summary: Bill2 creates a new regime includ­ing: unfair business practices; consumer con­tracts; disclosure of the cost of consumer cred­it; credit reporting; debt collection and compensation funds; and consumer advance­ment fund.

In Force: By regulation

•

Business Practices and Consumer Protection Authority Act (Bill4)

Summary: Companion legislation to the Busi­ness Practices and Consumer Protection Act (Bill2) (First Reading February 26, 2004), Bill 4 estab-

lishes the Business Practices and Consume Protection Authority.

In Force: By regulation

•

Cremation, Interment and Funera Services Act (Bill3)

Summary: Companion legislation to the Bus · ness Practices and Consumer Protection Act (Bill 2 and the Business Practices and Consumer Prate tion Authority Act (Bill 4) (both First Readin ' February 26, 2004), Bill3 repeals the Cemete . and Funeral Services Act and its Suppleme and replaces it with the provisions of Bill3.

In Force: By regulation

•

Ministerial Accountability Bases Ac 2003-2004 (Bill 10)

Summary: Bill 10 increases the base amount for the purposes of ministerial accountabili 1

for the Minister of Agriculture, Food and Fis eries, the Minister of Forests and the Ministe of Public Safety and Solicitor General under th Balanced Budget and Ministerial Accountabilit Act. Bill10 exempts these ministers from sala penalties set out in that Act. Bill 10 also allo cates $418.21 million for financial costs, in eluding for forest fire suppression and floo disaster relief.

In Force: On Royal Assent

•

Ports Property Tax Act (BillS)

Summary: Bill 8 creates a new ports proper tax regime.

In Force: On Royal Assent

•

Social Service Tax Amendment Ac 2004 (Bill 7)

Summary: Bill 7 amends the Social Service Ta Act including tax amendments regarding: ta

BarTalk Vol. 16/No .

gible personal property or services; mobile and modular homes; reusable containers; gifts brought into the province by B.C. residents; and computer software.

In Force: On Royal Assent for specified sec­tions, various in force dates for specified sec­tions deemed to be retroactive and specified regulations to come into force by regulation

•

Supply Act, 2003-2004 (Supplementary Esti­mate No. 3), S.B.C. 2004, c.1 (Bill 9)

Summary: Bill 9 allocates an additional $27.3 million for the fiscal year ending March 31, 2004 for the Ministry of Agriculture, Food and Fisheries, including to compensate producers for estimated financial losses due to the impact of the livestock wasting disease, BSE.

In Force: On Royal Assent February 26, 2004

•

Taxation Statutes Amendment Act, 2004 (Bill 6)

Summary: Bill6 amends 14 statutes, including the: Community Charter regarding dust and par­ticulate matter eliminator tax exemptions; Cor­poration Capital Tax Act to require eligible prop­erty to be directly used for a specified purpose; Home Owner Grant Act to increase the grant; In­come Tax Act to restrict the eligibility for speci­fied tax credits; Insurance Premium Tax Act to ex­pand the meaning of "taxpayer" regarding insurance contracts entered into by non-resi­dents; Motor Fuel Tax Act regarding alternative motor fuel blends, family farms and the disabil­ity tax refund; Property Transfer Tax Act to ex­pand the exemption from property transfer tax for transfers of family farms; and the Tobacco Tax Act to increase taxes on tobacco products and new director powers regarding retail au­thorization to sell tobacco products. Bill 6 also creates a new seven year limitation period for tax collection proceedings for the following statutes: Corporation Capital Tax Act; Hotel Room Tax Act; Insurance Premium Tax Act; Logging Tax Act; Mineral Tax Act; Mining Tax Act; Motor Fuel Tax Act; Motor Fuel Tax Act; Social Service Tax Act; and Tobacco Tax Act.

April 2004

In Force: On Royal Assent for specified sec­tions and various in force dates retroactive, in­cluding from April 1, 1993 for specified sec­tions. Sections 23 (a), (c) and (d), 24 to 26, 28 and 30, all under the Motor Fuel Tax Act, come into force by regulation

REPORTS AVAILABLE

Eighth Quarterly Deregulation Progress Re­port (October to December 31, 2003) (January 2004) . Source: Ministry of Small Business and Economic Development. Available at: www.deregulation.gov.bc.ca.

Employment and Assistance Program Time Limits Report (February 2004). Source: Minis­try of Human Resources. Available at: www.mhr.gov.bc.ca.

Land Title Branch Electronic Filing System Project (January 2004). Source: Ministry of Sus­tainable Resource Management. Available at: srmwww.gov.bc.ca/landtitle/EFS_web_site/ index.htm.

Prevention of Falls and Injuries Among the Elderly (January 2004) . Source: Ministry of Health Services and Provincial Health Officer. Available at: www.healthplanning.gov.bc.ca/ pho.

Report from the 2003 Firestorm Review (Feb­ruary 2004). Source: Ministry of Forests. Avail­able at: www.2003firestorm.gov.bc.ca/fire­stormreport/ default.htm.

Report on Health Authority Performance Agreements 2002/03 (February 2004). Source: Ministry of Health Services. Available at: www.healthservices.gov.bc.ca/socsec/pdf/ haagreement0203. pdf. •

CBA Members Save at Chapters & Indigo

Save 1 0 per cent off regularly priced books, bargain books and audio books at all B.C. -- -­Chapters and Indigo stores.

Present your CBA membership card to receive the discount.

Legislative Update

The Test for Production of Documents under Rule 26(1)

The Rules Committee in­

vites comments from the

profess ion on the following

issue which arises from Ru le

26 of the Ru les of Court.

Some have suggested that

the test for producibility

articulated in Peruvian Guano

is too broad, with the result

that the number of docu­

ments required to be pro­

duced under Ru le 26( I)

can be burdensome, both

to the party making pro­

duction and to the party

receiving production. The

question is whether a differ­

ent test can and should be

devised which woul d ensure

fair access to documents in

the hands of oppos ing par­

ties, wh il e reducing the vol­

ume of production to a

manageable level.

Send comments before Ju ly

I, 2004 to Ms Judith Hoff­

man, Secretary, Rules Revi­

sion Committee, The

Supreme Court of B.C., 800

Smithe Street, Vancouver,

B.C., V6Z 2E I

I 3

Guest Column

Marguerite (Meg) E.

Shaw

Meg Shaw is the Chair of

the CBABC Government

Relations Committee.

14

A Win-Win Deal on Real Estate CBABC brings parties together to find resolution

In March 2003, the B.C. Government issued a discussion paper on proposed reform to the Real Estate Act. The proposal included

tampering with the exemption that allows law­yers to assist clients in real estate transactions without being licensed under the Real Estate Act.

In response, the CBABC Real Estate Sections and Solicitors Issues Committee formed a sub­committee that in short order produced a com­prehensive 39-page submission to the Minister of Finance.

We added the Real Estate Act issue to our gov­ernment relations agenda to increase pressure by using the CBA MLA Network - Provincial Council members met with each MLA, provid­ing them with a two-page position brief on the issue, including reasons why the lawyers ex­emption should not be amended. We met with Ian Mulgrew, at the Vancouver Sun, to brief him on the issue. He subsequently wrote a major ar­ticle on it. We ensured that the topic was men­tioned in every MLA and Ministerial meeting we had - the intent was to educate the Caucus about the issue, and build a core group of sup­porters from within.

On July 24, 2003, CBABC met with the Deputy Minister of Finance and his senior staff, for a full hour of frank discussion about our con­cerns and, on the government's side, the issues that had led the Ministry to propose the change. The Deputy advised us that the key to resolving this issue was for the legal profession and realtor groups to reach an agreement that removed the need for government intervention.

In early September, we convened an historic meeting of the CEOs and advisors of the regu­lators and professional associations of both the legal profession and real estate practitioners -the B.C. Real Estate Association, the Real Estate Council of B.C., the Canadian Bar Association B.C. Branch, the Law Society of B.C. and the So­ciety of Notaries Public ("the Group") . This Group would meet and correspond over the next four months, successfully narrowing

down the issues of concern, and seeking re lutions.

At this table, it was identified that rules g erning lawyer employees were of particu concern. The Law Society demonstrated goodwill in seeking to resolve the mat quickly by establishing a Law Society T Force, headed by bencher Ralston Alexan QC. The Group proposed names of individ to serve on the Task Force, to represent a ance of interests. The Task Force was est lished, met and developed a series of rec mendations that were accepted by benchers. The fact that the concerns of realt were met quickly and thoroughly by the L Society provided a very positive environm for the next stage of the process.

On January 30, the Group met for the last to discuss the terms of agreement that wo be sought from each of the representa groups. This included an agreement that pervision of law firm employees was alre governed by the Legal Profession Act, includ those engaged in the practice of real estate, it was therefore unnecessary to include ployees in the Real Estate Act exemption.

Over the course of the following week, each ganization's governors reviewed the rna and all agreed to proceed. On February 9, sent a communique to the Deputy Ministe Finance saying "it is the consensus of all valved that the introduction and passage new Real Estate Act should proceed, with lawyers exemption changed only by remov the words "or a person employed by hi her."

Following up on our earlier government r tions action, we communicated to key we had briefed earlier, letting them know the issue had been successfully resolved. though the new Real Estate Act had not been traduced as of the date of writing this articl is our expectation that there will be no fur change to the lawyers exemption.

Common Concerns

D o the legal and real estate professions have anything in common? From the British Columbia Real Estate Associa­

tion's (BCREA) perspective, there are more sim­ilarities than differences.

For many years BCREA and CBABC have held joint copyright on the standard form most criti­cal to a real estate transaction: the Contract of Purchase and Sale. The contract was original­ly developed by the two organizations through BCREA's Standard Forms Committee, and a CBA representative has been a member of that committee since it was created.

There are two reasons this partnership has been so successful. First, both the legal and real estate professions recognize each other's strengths. Real estate agents' experience in the market and with clients matched with lawyers' education and ability to draft legal documents has resulted in a well recognized and respect­ed standard form. Second, both professions are genuinely concerned for the welfare of their cli­ents. A carefully crafted contract ensures buy­ers and sellers are adequately protected in the transaction. It also creates an atmosphere of certainty, which is important when people are making some of the largest purchases of their lives.

A recent example of our shared concern for real estate consumers is the Law Society of B.C.'s draft rules regarding the use of unlicensed staff in real estate transactions. In 2003, BCREA learned that some law firms used unlicensed assistants to market real estate listings, without disclosing that these individuals were not law­yers.

When BCREA brought this matter to the Law Society's attention in September 2003, we were pleased with the quick action that was taken. The Law Society immediately struck a task force to examine the role of lawyers' employees in real estate transactions. The recommenda­tions of this task force were tabled in late Janu­ary 2004. BCREA was again pleased to see that

April 2004

they closely mirror the restrictions imposed on unlicensed real estate assistants by the Real Es­tate Council of B.C.

It must be said that some obvious differences exist between us. BCREA has gotten a clear re­sponse from real estate agents around the province that they do not consider active solic­iting and marketing of real estate listings to be the ordinary course of business for lawyers. The Law Society has been equally clear that it believes this does fall under the practice of law. Despite this difference of opinion, we have agreed to disagree and to carry on with the business at hand.

For example, BCREA and the CBABC recently submitted a joint letter to the provincial govern­ment regarding a potential licensing exemption under the Real Estate Act for accountants. Both organizations believe that the lack of an ade­quate regulatory scheme for accountants puts consumers at too great a risk.

The two professions also have common inter­ests in protecting B.C.'s Torrens land title sys­tem and the rights of property owners. Legisla­tion at the municipal, provincial and federal levels continually and increasingly erodes the rights of owners with respect to the use of their property, usually without any notice being filed in the Land Title Office and without appropri­ate compensation and appeal processes.

By combining the efforts of nearly 13,000 real estate agents and 10,000 lawyers, we are sure to have an impact on legislative developments. By working in the best interests of real estate consumers and sharing our respective exper­tise, we accomplish our most basic mission: to serve our clients.

BCREA looks forward to long and productive relationships with the CBABC, the Law Socie!}: and the Society of Notaries Public of B.C. •

Guest Column

Robert Laing

Executive Officer

British Columbia

Real Estate Association

For 20 years, Mr. Laing has

served the real estate pro­

fession in the roles of law­

yer, educator and liaison to

all levels of government,

crown corporations and

regulatory bodies. Before

joining BCREA, Mr. Laing

was the head of UBC's Fac­

ulty of Commerce and Busi­

ness Administration's Real

Estate Division, where he

focused on developing and

delivering pre-licensing and

continuing education to the

real estate profession.

IS

Guest Column

Ralston Alexander, QC

Ralston Alexander, QC is

the First Vice-President of

the Law Society of B.C. and

a partner in the Victoria law

firm Cook Roberts.

1 6

The Law Society View

The Law Society and the B.C. Real Estate Association have reached an agreement to be put to the Ministry of Finance on

the licensing exemption for lawyers in the pro­vincial Real Estate Act. As of February 2004, both organizations agreed that lawyers should not require additional licensing to conduct real estate sales. A lawyer's staff including, parale­gals and secretaries, however, will not be cov­ered by the exemption.

The extent to which lawyers and their staff are exempt from the licensing provisions of the Real Estate Act arose last year when the Minis­try of Finance, at the urging of the B.C. Real Es­tate Association, proposed changes to the Act. Under the proposal, lawyers would have been restricted to conducting only those real estate sales that are ancillary to settling an estate, ad­ministering a will or resolving a marriage set­tlement. Lawyers would not be entitled to list or sell a property outside these circumstances unless they were separately licensed under the Real Estate Act.

The Law Society strongly opposed the govern­ment's proposal and established the Real Estate Act Review Task Force which I chaired to re­view the draft legislation. That Task Force made submissions to the Ministry of Finance pointing out that B.C. lawyers have had a longstanding exemption under the Real Estate Act that allows them to engage in real estate sales without any additional licensing require­ments. The submissions also noted that the ex­emption had caused no public harm and there was no public policy rationale to restrict it. The B.C. Branch of the Canadian Bar Association

. and a number of B.C. law firms joined in op-posing the restrictions and presented submis­sions of their own.

With encouragement from the Ministry of Fi­nance, the Law Society and the B.C. Real Estate Association discussed their respective con­cerns and came to a common understanding. Both organizations have now agreed that the licensing exemption for lawyers in the Real Es-

tate Act should not be changed but that a law­yer's secretaries, paralegals and other non­lawyer staff are not covered by the exemption.

If the government amends the Real Estate Act to reflect this understanding, the Benchers will revise the Professional Conduct Handbook to clar­ify the role of law firm staff in real estate sales. Accordingly, when a lawyer is engaged in the sale of real property, only the lawyer may take instructions from the client or provide advice to the client with respect to buying and selling real estate or with respect to the listing agree­ment, property management contract or con­tract of purchase and sale. Only lawyers will be permitted to present, accept or negotiate of­fers or contracts of purchase and sale for cli­ents, and any advertising with respect to real estate sales must be in the name of the lawyer or law firm.

Under the lawyer's supervision, employees will be entitled to draft documents and corre­spondence for approval by the lawyer for pres­entation to the client (as in other areas of prac­tice), arrange for maintenance and repairs of real property under the lawyer's care and con­trol, attend at a property with a prospective purchaser to open the home (but not conduct an "open house"), act as security during the viewing of the home and provide prepared in­formation packages. •

New National Member Service: Freestay Getaways

Freestay Getaways offers CBA mem­bers significant savings on accommoda­tions for two or three-day stays through­out Canada.

By spending a preset minimum in the hotel's restaurants, CBA members re­ceive a room at no charge.

www. freestaygetaways.com

BarTalk Vol. 16/No. 2

What Best Serves The Public Interest?

Y ears of education (minimum six years university, one year articling) plus years of experience provide a lawyer

with the training to guide clients through the legal processes of daily life. Of all that we have learned, first and foremost, it is to act in the best interest of our clients, including our cli­ents' right to choose who represents them.

One of the fundamental rights of every citizen is that of choice. Governments build their polit­ical platforms on the right to choose. Their con­stituents usually reject monopolistic practices. Whether it is choosing representation in par­liament, purchasing a new automobile, finding an appropriate financial institution or selling a home or business, citizens want the right to choose.

Over the past number of years, the legal profes­sion has been encroached upon and eroded. Many law practices have lost considerable rev­enue to accountants drafting letters of intent; fi­nancial advisors suggesting an "estate plan"; mortgage brokers with the 'best deal' and fi­nancial institutions preparing and registering their own security documents for consumer loans. Do these professionals suggest to their clients that they should first consult with a lawyer before signing any documents? Unlike­ly. As lawyers we have been aware of these questionable practices without taking action­until now.

The Lawyers Business & Property Network is a non-profit society helping lawyers assist their clients with business, property and financial transactions. We provide an independent voice for our members. We say "enough is enough." Let us do our job according to the law, as we have for decades past.

Lawyers have been representing their clients in real property transactions since the 1890's. Many lawyers have dropped conveyancing from their practice. It doesn't pay anymore. However, a handful of lawyers have realized that, by increasing the level of service to exist-

Apr il 2004

ing clients, they can save their clients money. Servicing clients in this way increases revenue for lawyers. This activity by lawyers has gar­nered the attention of realtors. They are not happy about sharing the pie.

Recently, controversy arose because the real es­tate industry has attempted to restrict our activ­ities. They sought government intervention to change the Real Estate Act. Specifically they wanted to change the current lawyers' exemp­tion as it applies to our employees.

"A direct result of the monopolisation of real estate services by estate agents is the ability of estate agents to ensure that consumers are pre­vented from having the benefit of legal advice." - Real Estate Lawyers, Victoria, Australia: www.relv.com.au/ index.hbn

The Network (www.thenetwork.ca) offers the public choice, privilege, insurance, knowledge and is committed to having its members pro­vide advice before their clients sign any finan­cial transaction (i.e., buying a home or busi­ness) .

The Network has received approval from the Law Society of B.C. including the ethics com­mittee and law society insurers. Funded solely by membership fees, The Network operates on less than a shoestring budget. As the president and founder, I put in many volunteer hours.

In my capacity as president, I have been ap­pointed to a task force to review the exemption and make recommendations acceptable to all parties. The goal is to avoid government inter­vention. My involvement is a good indicator to government that The Network has a voice in­dependent of the Law Society and CBA.

The Network is constantly looking at ways to attract new members. By linking with a lawyer referral service offered by the CBABC, I plan to offer members greater exposure to a global mar­ket. •

Guest Column

.._. ,~r.:

,I ~ .

. ~ ·.·,..:.._ . ·'. ·'

l~i-R. Dale Janowsky, QC

President and Founder,

Lawyers Business &

Property Network

The Lawyers Business & Property Network

Join The Network and Mr.

Janowsky wil l show you

how to increase your reve­

nue by working your exist­

ing fi les. The Network has

59 members in B.C., two in

Alberta and one in Ontario.

For more information call

250-372-2022 or e-mail

info@thenetwork.ca.

17

Guest Column

Edward L. Wilson

Edward Wilson practises

real estate and municipal

law at Lawson Lundell. He is

past Chair of the Real

Property-Vancouver Sec­

tion and continues to be

actively involved in CBA

and CLE matters. Mr.

W ilson has been the CBA's

representative on the B.C.

Real Estate Association's

Standard Forms Committee

since 1996.

Undertakings Online

A copy of the CBA Stand­

ard Undertakings can be

found at www.bccba.org in

the "Member Products &

Services" area under "Law

Office Resources ."

18

Standard Contract of Purchase & Sale The obligation to use the CBA Standard Undertakings

Lawyers and paralegals often call me as one of the original drafters of the CBA Standard Undertakings, when a lawyer

or notary acting for the other side in a residen­tial conveyance, refuses to accept the CBA Standard Undertakings. I am frequently asked: "Where in the Legal Profession Act or the Law Society Rules does it require that lawyers use the CBA Standard Undertakings?"

The obligation to use the CBA Standard Under­takings arises not in the Legal Profession Act or any Law Society Rules, but in the standard form Contract of Purchase and Sale, copyright­ed by the CBA and the B.C. Real Estate Associ­ation. The December 2003 version of the Con­tract of Purchase and Sale incorporates in clauses 13 and 14, the requirement that where a Buyer wants to use the proceeds from a new mortgage charging the property being pur­chased to finance the purchase, or a Seller wants to use the sale proceeds to clear title, the parties must close on the basis of the CBA Standard Undertakings.

Obviously, as the conveyancing lawyers are not parties to the Contract, they are not con­tractually bound to use the CBA Standard Un­dertakings. However, if the conveyancing law­yers wish to use their own form of undertakings that are materially different from the CBA Standard Undertakings, they are at risk of putting their client in breach of the Con­tract with their own consequential liability. Any significant deviation from the CBA Stand­ard Undertakings may ultimately result in a Court finding that a party did not comply with their obligations under the Contract. A convey­ancing lawyer who did not get their client's in­formed authorization to vary from the CBA Standard Undertakings in a material way, may be held liable for their client's default.

What some lawyers seem to be objecting to is the new transparency provisions added to the CBA Standard Undertakings in 2003. In 2002, as a result of the "Wirick matter", and there­port of the Law Society's Conveyancing Task

Force, the Real Property-Vancouver Section of the Canadian Bar Association felt it was neces­sary to review the 1999 CBA Standard Under­takings to see if the closing procedures could be improved upon so as to reduce the potential of another lawyer choosing not to honour their undertakings. After an extensive consultation process led by the Real Property-Vancouver Section and the Law Society's Conveyancing Task Force, the "transparency option" was se­lected and incorporated into the CBA Standard Undertakings in March of 2003. The transpar­ency provisions of the 2003 CBA Standard Un­dertakings relate to the clearing of title where there are existing financial charges to be dis­charged and imposes new obligations on the Seller's lawyer when clearing title using the sale proceeds. (A more detailed review of the new provisions was set out in BarTalk, April 2003, page 18 - available in the "Library" at www.bccba.org.)

The CBA Standard Undertakings incorporat­ing the transparency provisions now reflect the conveyancing practice in B.C. and to deviate from this standard practice potentially opens up conveyancing lawyers to additional risks and liabilities.

The Law Society of B.C. and the Law Society Conveyancing Task Force strongly support the use of the CBA Standard Undertakings.

The real estate bar has always displayed a great spirit of cooperation and a desire to get deals done in the best interests of their clients. I am sure the real estate bar will continue to show that cooperative attitude and adopt the CBA Standard Undertakings as a standard part of their conveyancing practice. •

Guest columnists welcome

If you'd like to comment on recent develop­ments in legislation or the practice of law, we want to hear from you. Please e-mail BarTalk Senior Editor Carol ine Nevin (cnevin @bccba.org). •

BarTalk Vol. 16/No. 2

Lawyer Referral & Dial-A-Law Services

LAWYER REFERRAL SERVICE

The Lawyer Referral Service (LRS), which com­menced operation in 1955, is a very successful program that has been administered by the CBABC since 1971. The service is funded by the Law Foundation of B.C. and matches members of the

A survey regarding the LRS was recently for­warded to a sample of lawyers on the LRS ros­ter and a sample of lawyers who had with­drawn from the program. The survey results suggest that while lawyers are generally quite satisfied with the operation of the LRS, many

feel that the current $10 fee (which has been in place for

public with lawyers who are experienced in a particular field of law. The Lawyer Re­ferral Service is a proven, simple, inexpensive and ef­fective program for matching participating lawyers with potential clients who might otherwise have not sought le-

"The Lawyer Referral Service is a proven, sim­ple, inexpensive and effec­tive program for matching participating lawyers with potential clients ... "

many years) should be in­creased. This is an issue that the Lawyer Referral Service subcommittee is reviewing. Although most respondents viewed the LRS as a poten­tial source of fee-paying cli­ents, virtually all survey re-

gal advice or representation.

The LRS receives about 90,000 inquiries and makes more than 50,000 referrals each year.

Lawyer Referrals by Area of Law 2002/2003

Civil Litigation 10%

7%

Criminal 6%

5%

The LRS is offered for the nominal fee of $10 for a 30-minute consultation. LRS operators re­ceive initial telephone inquiries, determine the nature of the caller's legal problem, provide the name of an appropriate lawyer in the caller's community (lawyers are assigned in rotation) and then notify that lawyer of the referral. It is the caller's responsibility to arrange a suitable appointment time with the lawyer. After the 30-minute consultation has concluded, the client is not obliged to retain the lawyer nor is the lawyer obliged to accept the client's case.

Apr il 2004

spondents who participate in the LRS do so in the spirit of community service and to improve the legal profession's public image.

DIAL-A-LAW SERVICE

Dial-A-Law has more than 130 recorded scripts on file addressing a wide range of dis­crete legal issues. The most frequently request­ed scripts deal with family law issues al­though scripts about estates and representation agreements are also very popu­lar. The scripts are prepared and regularly up­dated by lawyers- all experts in the particular area of law discussed in the script - who gen­erously volunteer their time and expertise.

The CBABC has operated the Dial-A-Law Serv­ice, with financial support from the Law Foun­dation of B.C., as a free public service since 1982. This service is available through a toll­free telephone number (1-800-565-5297; Lower Mainland: 604-687-4680) and online at www.bccba.org. Last year, nearly 30,000 peo­ple accessed the service either by telephone or online.

For more information about either program call Lorna O'Grady, Lawyer Referral Supervisor, at 604-646-7858 or 1-888-687-3404 (ext. 309). •

Guest Column

Kenneth Thornicroft

Kenneth Thorn icroft, LL.B.,

Ph.D., is an Associate

Professor of Law & Labour

Relations in the Faculty of

Business, University of Vic­

toria. He is a member of the

CBABC Dial-A-Law/Lawyer

Referral Advisory Commit-

tee.

Volunteers Sought

The Lawyer Referral Service

seeks lawyers to accept law­

yer referrals.

The Dial-A-Law Service

seeks volunteers to review

and update existing Dial-A­

Law scripts or to propose

new scripts .

19

--------------------------- ----------------------------------

Guest Column

Susan Van Dyke

Susan Van Dyke, Principal,

Van Dyke Marketing &

Communications, is a law

firm marketing consultant

and can be reached at

604-876-7769 or

svandyke@telus.net.

20

10 Steps To A Hard-Working Web site

So, your long-awaited Web site is finally online ... or long forgotten. The partners eventually agreed what to post, everyone

drafted a biography and smiled for the camera. Phew! Now you can get back to practising law.

Not so fast, Eddy. If you've done most of the (thankless) work yourself, you know how much time, energy and persuasion it took -and that was just to get agreement on the background colour. Now, don't you want your site to work as hard as you did in creating it?

Think of it this way: you've spent countless hours writing a book, and on completion you drop it off at the bookstore. Yup, with a sigh of relief you just chuck it through the door, turn and run. Wiping your hands, your work is done. Hardly. No one can find it, or even knows it exists.

Unlike a book, no Web site is static. Take a se­rious look at your site and think about how it can work even harder for you. Consider:

1. Site optimization. Huh? Rankings and Web sites are akin to sales people and insurance services. You must have good ones. The key words that describe yourfirm should result in a first-page ranking for your siteinsearch-engineresults. Testyourfirm's results by searching for words that describe yourfirmorpractice(e.g.,constructionlaw). If you don't appear in the first two pages of results, important web traffic is walking right past your door. To improve rankings, you can pay for placement, encourage other reputable sites to post a link to your site, revisit and improve your meta tags (descriptors of your site used by search engines) and drive visitors to your site ­search engines favour sites with a well­worn path.

2. Write for your audience, not your colleagues. Many sites are introspective and written for the benefit of other lawyers. Remember to minimize legalese, use plain language and define terms when necessary.

3. Reduce, Recycle, Reuse. Every presentation, article or opinion memo can be posted on your site. Be sure to sanitize the material of client names or identifiers first.

4. Accessibility. Provide direct access by listing the lawyers' direct phone and e­mail addresses. Anything else is just a roadblock, and will annoy and irritate your clients or prospects.

5. Buck up. Some of you need a lot of help with web design. Fancy design isn't necessary, but good design will be immeasurably helpful. Even a small budget can improve the effectiveness of your site.

6. "You are here." Don't let visitors get lost. Lead them to the best parts, but also provide site maps, headers or sidebar menus, so information is found quickly.

7. Web stats! Almost all web hosts will provide basic monthly usage numbers at no charge. You'll see what pages are accessed most often, where visitors are located, the time spent on each page, entry and exit pages and more, depending on your host's reporting package.

8. Update that bio. Review your biography regularly. What's changed? What's new? Take a goodlook at thephotos-don'tget me going on photos again (see BarTalk, October 2003, Vol. 15/No. 5)!

9. Include your address. All your corporate materials should include your Web site address, particularly your e-mail signature block on the bottom of outgoing e-mail.

10. Refer to your site. Now that your site is packed with great articles, use itto promote the firm and save you time. Post FAQs (Frequently Asked Questions) for client groups and prospects who need basic information. E-mail articles by sending a quick note and a web-page link, rather than by attaching a document. •

BarTalk Vol. 16/No. 2

Executive Director's Column

Law Week Activities Widespread Opening doors to educate people about the justice system

Law Week activities will take place throughout B.C. April12 to 17. Commu­nities such as Duncan, Nanaimo and

Prince George will celebrate the anniversary of the Charter with open houses and youth activ­ities. Members of the bar, their families and staff are invited to join in the festivities .

OPEN HOUSES

Duncan will have an open house at its court­house. There will be: an open courtroom with a sheriff and a judge "Ask a Judge"; representa­tives from Women Against Violence Against Women; RCMP (dog squad and Safety Bear); a law-related children's game; and seminars in the courtrooms led by local lawyers.

At press time, plans were underway for open houses at the courthouses in Nanaimo and Kel­owna.

In Prince George, an open house at the court­house is also planned, along with a mock trial. The RCMP, Native Counselling Services, and others have been invited to set up displays. Lawyers will give tours.

The Vancouver open house will be held at the Vancouver Law Courts on Saturday, April17. The schedule is shown below.

STUDENT ACTIVITIES

Students in Nanaimo and the Lower Mainland will have the opportunity to explore law as a career option through the student mentor pro-

gram. The program matches students with law­yers for a half-day in the lawyer's workplace. It has been successful for many years, due to strong support from CBA members.

High school students are given the opportuni­ty to compete in the public speaking, photo and short story contests. The top three winners in each category receive cash prizes. The pub­lic speaking contest, in which students com­pete for the Barry Sullivan Law Cup, will take place at the Vancouver open house on April 17. Interested parties are welcome to attend and listen to the speeches.

DIAL-A-LAWYER

CBABC will hold its province-wide "Dial-A­Lawyer" day on April17 between 11:00 a.m. and 3:00p.m. During that time, members of the public from around the province are invited to call the Dial-A-Lawyer numbers to speak with a lawyer about a legal problem for up to 15 minutes. The Dial-A-Lawyer numbers are 604-687-3221 in the Lower Mainland, and 1-800-663-1919. This has been a very popular pro­gram that many believe contributes to a better image of lawyers.

SK FUN RUN/WALK

As part of Law Week a Fun Run/Walk was held at UBC on April 4. Many members regis­tered to participate and approximately 25 per cent of participants were under the age of 14. We hope to develop this family event as a part of Law Week in coming years. . •

Open House Schedule, Vancouver Law Courts, Saturday April17, 10 a.m. to 2 p.m.

1 0:00-11 :00 Public Speaking Competition Displays 20 B.C. high school students • VPD Dog Squad

11 :00-11 :30 Citizenship Ceremony reg istration • London Drugs ID kit • LSLAP

11:30-12:00 Keynote Speakers • SUCCESS

12:05-1:05 Citizenship Ceremony 12:00-1:30 • Law Courts

Education Society Public Speaking • B.C. Institute Against

1:00-2:00 Mock Trials Finals & Awards Family Violence

Osier Elementary Grade 7 Class • and many more!

April 2004

Frank Kraemer

Executive Director

B.C. Branch,

Canadian Bar Association

Street Crime Forum

A forum on Street Crime is

planned during Law Week.

CBC-TV's ian Hanomansing

will host the fo rum on Apri l

15. Special guests will in­

clude: Ju lius Lang from the

Center for Court Innova­

tion in New York and Jim

Hayden, a District Attorney

from Portland, Oregon. Mr.

Hayden has expertise in the

areas of community courts

and community prosecu­

tion.

Visit www.bccba.org for

event details.

2 1

Nothing Official

Tony Wilson

Tony Wilson is a Franchise

and Intellectual property

lawyer at Cawkell Brodie,

and has written for the

Globe and Mail, the

Vancouver Sun and Mac/eans

magazine. His e-mail address

is twilson@cawkell.com.

22

Small Revolutions Once you've had Mac, you never go back

N othing seems to send my law partner and friend (lets call him "Ken"), into apoplexy more than discovering that

my computer seems to work when everyone else's in the office does not. Nothing, that is, ex­cept my regular boasting of this fact, particu­larly within earshot of the outsourced compu­ter techies that seem to flock to our office with such regularity that we're considering giving them a dedicated phone line, free coffee, and an interest in the pension plan.

You see, a few years ago, I switched to Macin­tosh, and no one else in the office did. In one of those moments familiar to users of Windows 98, Windows Millennium, and even the new and improved XP, I had one crash too many and caught one virus too much. I lost data I shouldn't have lost, and bought upgrades that wouldn't work with previously installed soft­ware. In a fit of anger, I decided to throw Win­dows more or less out the window. I have no regrets, although my move away from the not­so comfortable world of Windows has not sat well with Ken. Mention the word "Mac" to Ken, and watch steam pour from his ears. Get a mutual friend to tell him that our friend is switching to Mac, and see Ken's face go red. Eat an apple in his presence only with a clear, un­obstructed path to the door, and Todd Bertuzzi as your bodyguard.

This is not to say I don't use Microsoft prod­ucts. In fact, in an ironic twist of fate, I couldn't have fired Windows without Microsoft's help. Because they make Microsoft Word, Excel and PowerPoint for Macintosh, and because all Macs now seamlessly integrate into Windows networks just the way other computers do (plug it in and voila- you're on the network with everyone else!) I can pretty well open an­ything that's e-mailed to me, access an Excel spreadsheet on anyone's directory, create a monstrously large and complicated Word doc­ument, and prepare a Power Point presentation, all on my Mac. In short, I can do virtually any­thing on my Mac that my partners can do with Windows, unless of course the specialized

software isn't made for Mac. But wait, a prod­uct called Virtual PC allows me to "emulate" a PC on my Mac, so I can run PC Law and other "Windows Only" programs without retuning to the Dark Side. (And it's put out by Microsoft, of all things!) So switching to Mac these days is just another option, like the kind of car you drive, the music you listen to, the shoes you wear, or the accounting program you use.

I've become somewhat of a Mac evangelist since my conversion, taking every opportunity to explain why I switched, and why, as they say, once you've had Mac, you never go back. I brag about easy integration with Windows networks. I boast about my immunity to virus­es that plague our office (and yours) . Viruses don't know what to do on a Macintosh, so when everyone else is "down" I'm still up. I boast about its preponderance not to crash, causing our computer techies to look despair­ingly at my 20 inch iMac and say "Are you trying to put us out of business with that thing or what? They never crash." I boast about my Mac integrating my calendar and my contacts all on my iPod, (together with 1,648 songs from my iTunes library). I can even store files on my iPod, using it as a back up hard drive for all my documents.

My wife says I didn't have to change spouses or law partners for my mid-life crisis- just op­erating systems. But I suppose my real reason for switching stems from my need to be ami­nor revolutionary in an inherently conserva­tive business, and not feel I have to jump off a cliff just because all the other lemmings are do­ing it. As lawyers, our personal room for rebel­lion is so sliver thin, wearing sandals to work is provocative and going tieless is still novel. In a profession where we're all educated in the same way to think in the same manner, switching to Mac allows me to tilt at a few windmills, ruffle a few feathers, stir a few pots and start the smallest of rebellions. It allows me to prove to anyone who cares, there is another way to do this job, and it works. •

BarTalk Vol. 16/No. 2

Road map to the Web site

For some CBA members, the B.C. Branch Web site is an undiscovered resource. Other members have explored and

mined the wealth of information found at this 'member's only' site. There are many docu­ments online to help you with your practice and assist you with the media.

The "Library" is your e-source for media infor­mation, where you'll find A Practical Guide to Dealing with the Media. The Client Care Kit of­fers information on language and listening, the letter of engagement, and managing and train­ing client relations. Other publications in the Library include CBA Standard Undertakings, Contract of Purchase and Sale, and BarTalk.

The "CBABC Newsroom" has practice adviso­ry panel listings, full legislative updates, and information about appointments, awards, hon­ours, and nomination procedures.

"Member Products & Services" details the products and services that offer direct cost-sav­ings for members. Online categories include law office resources, financial services, mer­chandise, travel and entertainment. Check it out!

ASK THE WEB MASTER

How should I dispose of my old computer?

Environment Canada says that by 2005 an es-

timated 67,324 tonnes of e-waste (computers, monitors, laptops, etc.) will be disposed of eve­ry year. Yet experts estimate that more than 97 per cent of a computer's components are recy­clable. For information on recycling program in your area, contact the Recycling Council of B.C. (www.rcbc.bc.ca) or e-mail hotline@rcbc.bc.ca. To keep e-waste out of landfills you can: use municipality recycle programs; donate old equipment; upgrade or repair electronic prod­ucts; and encourage vendor and manufacturer participation in recycling programs. •

Privacy Resources for Law Firms

Check out Practicelink at www.cba.org for information on these topics:

• Law Firm Privacy Compliance in 10 Steps; • LawPRO Model Privacy Policy for Law Firms; • The Privacy Net; • The New Rules of Workplace Privacy; and • Privacy and your clients: An agenda for every I

firm.

Free Recruitment and Placement Services Online

HELP IIWANTED_j

Are you looking for a new hire or seeking a new position? Visit www.bccba.org (Human

Resources page) for free recruitment and placement services provided by the Counsel Network, a CBA preferred supplier.

8th Annual CBANBA Golf Tournament Back FORE more, June 24!

Join fellow members of the legal profession on Thursday, June 24 in a fun-filled day of golf and prizes at the 8th Annual CBA/VBA Golf Tournament! Hit the links at the UBC Golf Club, network with colleagues and support CBA Student Awards. Register before May 1, for just $140 (incl. GST); after May 1, for $155

April 2004

(incl. GST). Your fee includes 18 holes of golf, lunch and beverage voucher, buffet dinner, si­lent auction and lots of prizes. The registration deadline is June 17. Tournament proceeds fund an annual award for both a UBC and UVic law student who best exemplify the ideals served by the CBA. See related insert in this issue. •

Web Column

Patricia jordan

Patricia Jordan is the

CBABC Manager,

Interactive Media. She

welcomes your comments,

questions, and suggestions.

If you have a question

about site content, or

would like something added

to the site, contact her at

pjordan@bccba.org or call

604-646-7861 0

Site du jour

www.ccme.ca

Environmental issues of

national and international

concern are discussed on

this Canadian intergovern­

mental forum .

23

24

Public Awareness Campaign Hits the Airwaves The CBA has launched a public awareness campaign, featuring both TV and print spots, to highlight the many ways Canadian lawyers serve their clients and communities.

The campaign features Ottawa lawyer Ritu Banerjee, and emphasizes the professionalism and community involvement of Canada's legal profession.

The TV campaign was launched in February and continued through March during a varie-

ty of popular CBC programming. The spots ran most often on the Docket, This Hour Has 22 Minutes, Venture and the Fifth Estate on CBC Newsworld, and were seen from time to time on the main CBC network. The print spots will continue to run until September in a number of prominent Canadian publications including Macleans, L'actualite, Le Journal du Barreau and various law school publications.

To see the TV spots, please view www.cba .o~

/CBA/ about/ discover. •

CBA Offers ADR Services The Electronic Courthouse is the CBA' s newest member benefit, offering expert online dispute resolution services. Canada's premier provider of online ADR services, the Electronic Court­house combines all the tools needed to get from dispute to resolution wholly from your desk­top, including an impressive roster of experts and resolution professionals drawn from top North American law firms and trading nations around the world.

Services include mediation, arbitration, expert

evaluation and negotiation support. Use the Electronic Courthouse to resolve preliminary matters, seek expert evaluations, avoid travel costs, and carry out mediation or arbitration in accordance with mandatory ADR clauses or court-mandated programs. To learn more, and to receive information about your CBA member rate, please contact Andrew Putman at 416-506-0456.

For details on this service, please visit www. electroniccourthouse.com. •

Assisted Human Reproduction Act The National Health Law and Family Law Sec­tions recommended amendments to Bill C-6, Assisted Human Reproduction Act, to ensure law­yers, doctors and psychologists are not open to criminal charges for giving advice to clients on surrogacy arrangements.

In a letter to the Senate Committee on Social Af­fairs, Brent Wind wick of Edmonton, a member of the CBA's Health Law Section says "In gen­eral we support the bill. Canada desperately needs to move forward with legislation in this area, but we would have preferred a different approach to Bill C-6." The two national Sec-

tions first made their views known on then Bill C-13 in an appearance before the Commons Standing Committee on Health in November 2002. Hearings on Bill C-6 were held briefly and the Committee reported the Bill on March 11.

View the letter to the Senate Committee at www .cba.org/ CBA/ submissions/main/ 04_08.asp. View the submission of November 2001 at www.cba.org/CBA/pdf/reprobrief .pdf. View the release of November 2002 at www .cba. org I CBA IN ews I 2002_Releases I 2002-11-22_repro.asp. •

BarTalk Vol. 16/No. 2

New: Dial-A-Law Scripts Available in Mandarin Members of the public may now telephone the Dial-A-Law serv­ice and access any script in

Mandarin, by dialing "5" in front of the script number.

"We are pleased to be able to offer this valua­ble service to the growing population of Man­darin speaking residents in B.C." said Pene-

lope Green, Chair, Dial-A-Law /Lawyer Refer­ral Advisory Committee.

The translation and recording of the scripts was funded by the Law Foundation of B.C. un­der the Projects Initiative 2003 Fund. Dial-A­Law is a public service operated by the CBABC and funded by the Law Foundation of B.C. •

Dispute Resolution Offers Lawyer Mediators Stressed out from conflict or poor communica­tion with a colleague or opposing counsel? Feel like you need some help resolving the problem, but it's not serious enough to call in the Law Society? Try the CBA' s Member Dispute Reso­lution service run by lawyer volunteers who will talk to you on a confidential basis to help work out disputes that aren't reportable Law

Society matters. This is your chance to talk the issue through with a lawyer mediator, and seek quiet counsel on how to handle it. Check out the CBA­BC Web site for more informa­tion- www .bccba.org, or call the Member Dis­pute Hotline at 604-646-7864. •

Battle of the Bar Bands Returns Mark your calendars now! On Friday, June 11, the third annual Battle of the Bar Bands returns to the Commodore Ballroom-Vancouver's pre­mier rock venue.

For two years running, this fundraiser has raised tens of thousands of dollars for the CBABC Benevolent Society. Eight bands com­prised of some of the best lawyers/rockers will showcase their considerable talents before what promises to be another sell-out crowd and a panel of demanding judges chosen from the ranks of the B.C. Supreme Court. Rick Cluff, the host of CBC Radio One's morning program - The Early Edition - will serve as M.C. again this year. All indicators point to the 2004 event to be the biggest and the best ever.

Start lobbying your firm now to purchase blocks of tickets so that you, your colleagues and your support staff can enjoy what promis­es to be a great evening and an excellent op-

April 2004

portunity for lawyers to sup­port lawyers in need.

Date: Friday, June 11, 8 p.m. Doors open at 7 p .m.

Tickets: $75 for lawyers and $25 for everyone else. Order your tickets today by calling 604-646-7855.

Last year Jeevyn Dhaliwal of the "The Purdy Mouth Band" sang

Shania Twain 's Up! "Once people started dancing, they

didn't stop. "

Musicians: Bands wishing to participate should call Roger Holland c/o Singleton Urqu­hart, 604-682-7474 (reh@singleton.com) for competition rules and entry requirements. •

25

-------------- ----- --

Long Lost

Money? ~~ The Bank of Canada's Web

site lets you search online

for unclaimed bank account

money.

Visit http://ucbswww.

bank-banque-canada.ca/

scripts/search_english.asp to

search.

To search B.C. unclaimed

property accounts visit

www.bcunclaimedproperty

.bc.ca/ucp.asp

26

Hoop law 2004 Raises $35,000 On March 6, the Hooplaw Society held its annual Charity Basketball Tournament in support of local children's charities. The event was again a resounding success. More than 150 lawyers, judges and law students partici­pated, raising $35,000. Fourteen teams participated in two divisions with the UBC law students winning the compet­itive division and Blake, Cassels & Graydon LLP prevail­ing in the recreational division.

The tournament organizers would like to thank the follow­ing sponsors: Red Carpet Food Services, Axa Pacific In­surance and HSBC. In addition, special thanks to the fol­lowing four law firms for their significant fundraising efforts: Blake Cassels & Graydon LLP, Clark Wilson, Bor­den Ladner Gervais LLP, and McCarthy Tetrault LLP.

Conrad Nest, of O'Neill & Taylor, soars for

the Alexander, Holburn Beaudin & Lang

team.

Hooplaw organizers thank all individuals who participated or made a donation to this very worthwhile cause. If you were unable to participate this year, they say it's never too early to start getting in shape for next year and that skill is not a prerequisite. •

The Hon. M. Bastarache to Speak in Vancouver L' Association des juristes d' expression fran<;aise de laC. B. est fiere d'inviter les juristes de la province a sa deuxieme Journee de droit annuelle le vendredi 28 mai 2004 de 9h a 16h au Law Courts Inn (centre-ville de Vancouver).

A cette occasion, plusieurs conferenciers de haut calibre, dont !'honorable Juge Michel Bas­tarache de la Cour supreme du Canada, traiter­ont de sujets varies tels que les droits linguis-

Please note: The Association of French­speaking Jurists of B.C. invites all jurists to at­tend this event. However, all presentations at the association 's second annual Law Day, includ­ing the Honourable Mr. Justice Bastarache's lunch-time talk on May 28, wil l be in French.

tiques canadiens. L' espace est limite alors in­scrivez-vous au plus tot a info@ajefcb.ca ou au 604-629-1217. •

NEW RESOURCES: Separation and Divorce Web Sites for Youth

The Law Courts Education Society of B.C. is pleased to announce the development of two public legal education Web sites: A Kids Guide to Separation and Divorce (ages 5-12); and A Teen Guide to Parental Separation and Divorce (pre-teen and teen). To view the sites, visit www.familieschange.ca.

Professionals who deal with families experi­encing separation or divorce can access the Web sites, which were carefully crafted with child development expertise. They provide

clear and objective information in a way that appeals to young people.

The Web sites are intended to help facilitate explaining the process of separation and divorce to kids and youth. They may be used to introduce legal information, or to guide children and youth to further information.

The Ministry of Attorney General developed the Web sites with the financial assistance of the Department of Justice Canada. •

BarTalk Vol. 16/No. 2

Bar Moves Nathan R. Bauder of Prince George has left the firm of Hope Hein­rich to join Tyo Law Corporation and will continue practising family and aboriginal law.

Following seven re­warding years as the Nathan Bauder

Sea-to-Sky Crown, Greg Diamond has opened his own practice in Whistler. Diamond & As­sociates provides litigation services in crimi­nal, personal injury and employment law.

Hunter Gordon, previously of Ministry of At­torney General, is now consulting in provincial sales tax advisory and counsel work. See relat­ed classified ad on page 32.

After 16+ rewarding years with Peterson Stark Scott, AnnaMarie Laing has joined the Trusts, Wills and Estates group at Fasken Martineau DuMoulin.

Jonathan M. Lazar has joined Kahn Zack Ehr­lich Lithwick, in Richmond, B.C., where he will continue to practise family and general civil lit­igation.

Edward Lyszkiewicz has now joined Somers & Company where he continues to practise civ­illitigation.

Marina Morgan, for­merly of Shapiro Hank­inson & Knutson, has opened a new practice where she will continue as counsel in civil and­commercial litigation and criminal law.

Josephine Margolis Nadel joined Pricewa­terhouseCoopers as Di­rector, Centre for Entre­preneurs and Family Business to advise on succession, strategic, governance and family business planning.

Sara E. Pope has moved her law practice from Vancouver to Vic-toria. Focusing on resort

Josephine Margolis

Nadel

and real estate development, Sara represents developers throughout B.C. and is expanding her practice to include Vancouver Island.

Darcy Wray, Carl Jacobson and Brian Rudy are pleased to announce that they have left the firm of Taylor Wray and are continuing their practice as commercial solicitors with Synergy Business Lawyers, in Vancouver.

Have you recently changed firms or opened a new firm? E-mail submissions (max. 25 words) to "Bar Moves" at cba@bccba.org. •

Member Services News List Has the Latest Want to find out about new benefits and pro­motions? Join the new CBABC Member Servic­es news list! You'll receive monthly updates on new Member Services -travel and accommoda­tion discounts, special promotions, exclusive events and more. Upon joining, your e-mail ad­dress will be added to a confidential distribu­tion list. This list will not be shared. To join, e­mail member_services@bccba.org with "Please

April 2004

add me" as the subject. Be sure to include your name and CBA membership number. Members may unsubscribe at any time. •

$.~ Congratulations to Creighton Scott of ~ Peterson Stark Scott in Surrey. Mr. Scott won two Whistler Blackcomb adult day passes and two vouchers for Steep's Breakfast, for joinir;g_ the Member Services news list before March 5. •

27

Terminal City Club: Vancouver Cocktail Party

CBABC members interested

in membership at Vancou­

ver's Terminal City Club are

invited to attend a cocktai l

party at the Club on

Thursday, May 27 at S:30

p.m. See related insert in this

issue.

To RSVP or for further

information, contact Bill

Massender, Terminal City

Club Membership Sales

Manager at 604-488-8636

(wmassender@tcclub.com).

28

CBA Canadian Legal Conference In an era where globalization characterizes al­most every facet of life, from commerce to poli­tics to health epidemics, traditional geograph­ic and political boundaries are losing their meaning and change is becoming the order of the day.

vantage of these and other valuable network­ing opportunities, as well as a plenary session on the role of international human rights law hosted by Ann Medina and featuring Stephen Lewis, Janice Gross Stein and Sheema Khan.

The 2004 CClnadian Legal Conference, August 15-17 in Winnipeg, features 28 Continuing Le­

_gal Education programs that will expand your horizons and offer advice on how to succeed in an unpredictable post-border world. Take ad-

Watch for your copy of the Conference bro­chure in the March/ April issue of the National. Full conference details and registration are available at www.cba.org / CBA/ annualmeet­ing/ 2004_annual. •

Law for the Future Fund Challenge The Canadian Bar Law for the Future Fund is celebrating its 20th anniversary. To mark the event, Fund Chair Laurence Pattillo is chal­lenging members to make a donation of 33\t a day ($120 per year) to build the endowment fund. "The fund provides a direct benefit to the legal profession today and for the future. Your contribution will help shape a better future for lawyers and the law," explains Pattillo.

Since its inception, the fund has supported more than 80 studies, including: legal research for an expanded constitutional right to legal aid; research into alternative dispute resolu­tion; and publishing booklets on building strong lawyer-client relations.

For information on how to contribute, visit www .cba .org / CBA / LFFF / LFFF / Support _the_Law _for_the_Future_Fund.asp. •

April 13 April IS April 17 April 17 April 21 April 24

April 26 May 7 May II May 19 May 19

May 20 June II June 17 june 18 June 19 June 23

June 24

Branch and Bar Calendar April -June 2004 New Westminster Bar Association Meeting (Westminster Club, S:30 p.m.) Kelowna Bar Association Meeting Law Week Open House (Vancouver Law Courts 10:00 a.m. -2:00p.m.) Law Week Dial-A-Lawyer (Province-wide, II :00 a.m. to 3:00 p.m.) LAP "Options for Lawyers Workgroup" (41S- 1 080 Mainland Street, Vancouver, 12: IS p.m.) Women Lawyers Forum: Education Program "Developing Res iliency" (ACT Training Center, New Westminster, I 0 a.m. to 4:30 p.m.) Restorative Action: Exploring Restorative Practices In Schools (Douglas College, New Westminster) Executive Committee Meeting (CBABC Boardroom, Vancouver) New Westminster Bar Association Meeting (Westminster Club, S:30 p.m.) LAP "Options for Lawyers Workgroup" (41S-1 080 Mainland Street, Vancouver, 12: IS p.m.) Women Lawyers Forum: Noon Series "Learn Optimism as a Success Behaviour" (Sutton Place Hotel , Vancouver) Kelowna Bar Association Meeting Battle of the Bar Bands (Commodore Ballroom, Vancouver. See related insert) Kelowna Bar Association Meeting Executive Committee Meeting (CBABC Boardroom, Vancouver) Provincial Council Meeting (Delta Airport Hotel, Richmond) Women Lawyers Forum: Noon Series "Practise Resiliency in Your Whole Life" (Sutton Place Hotel, Vancouver) VBA/CBA 8th Annual Golf Tournament (University Golf Club, UBC, Vancouver)

To announce an upcoming event or meeting in the Branch and Bar Calendar, please call Sandra Webb, BarT alk Editor, at 604-646-78S6 or toll free 1-888-687-3404, ext. 318 (e-mail cba@bccba.org).

BarTalk Vol. 16/No. 2

Pro Bono Law of B.C. Appoints New Chair Pro Bono Law of B.C. is pleased to announce the appointment of Kelly Doyle to the position of Chair of the Board of Directors, effective January 1, 2004.

Mr. Doyle, a partner with Lawson Lundell since 1984, practises commercial litigation with an emphasis on insolvency, restructuring and creditor I debtor remedies. He has written on topics related to insolvency, commercial leasing, contaminated property and dispute resolution. He has also acted as an arbitrator and mediator.

Mr. Doyle has long been involved in pro bono service and promoting a pro bono legal culture. In addition to acting as a Director on the Board of Pro Bono Law of B.C., he has served as a vol­unteer lawyer with the Salvation Army Pro Bono Lawyer Program and a member of the co­ordinating committee for the program. He is

currently Vice-Chair on the CBA (National) Pro Bono Standing Commit­tee. He is a former mem­ber of the joint Law So­ciety I CBA Pro Bono Initiative Committee which presented its fi­nal report entitled "Pro Bono Publico-Lawyers Serving the Public Good in British Columbia" in March 2002.

Kelly Doyle, the new

Chair of Pro Bono Law of B.C.

Mr. Doyle has also been involved in other are­as of professional service and responsibility. He serves as the Chair of the CBABC ADR­Vancouver Section, is a past member of the ex­ecutive of the CBABC Insolvency Section, and is a long standing member of the Discipline Committee of the Yukon Law Society. •

New: Canadian Centre for Elder Law Studies

I The Canadian Centre for Elder Law Studies was created at the B.C. Law In­stitute (BCLI) in July, 2003. The Centre evolved from work the BCLI has under­

taken since 2000 on legal issues affecting sen­iors. That work indicated a need for attention to, and information about, legal issues particu­larly concerning older adults. Thus, the idea for a Centre to concentrate solely on legal is­sues affecting seniors (elder law) was born.

The Centre also has a special role to play in bringing forward hidden issues that dispro­portionately affect older adults in ways that harm family relationships and financial inter­ests (the current project "Financial Arrange­ment Between older Adults and Family Mem­bers: Loans and Guarantees" addresses these kinds of problems).

The Centre's program encompasses research and scholarship, law reform, and the develop-

April 2004

ment and delivery of information and educa­tional materials. Further information about past and ongoing projects may be accessed through the Centre's Web site (www.ccels.ca).

The Centre welcomes input regarding future project ideas. Please send comments and ques­tions to: Canadian Centre for Elder Law Stud­ies, B.C. Law Institute, 1822 East Mall, Vancou­ver, B.C. V6T 1Zl. Tel: 604-822-0633, fax: 604-822-0144, e-mail ccels@bcli.org. •

What is elder law? ---- ------... Elder law brings together concepts and prob­lems that have traditionally been categorized and considered under different legal headings (e.g. , family law, wills and estates, and trusts). This new conceptual framework (elder law) makes visible important connections that are otherwise obscured. It also works to bring to­gether a body of law and legal scholarship that would otherwise be dispersed and difficult to access.

New: National South Asian Bar, B.C. Chapter

The formation of a B. C.

chapter of the National

South Asian Bar Association

(NASABA) is underway.

NASABA's U.S. chapters

include Atlanta, Boston,

Chicago, Dallas, Florida,

Houston, Los Ange les, and

New York.

The objective of the B.C.

chapter is to promote pro­

fessional development of

South Asian lawyers and

students through support

and mentorship, to educate

the South Asian community

about pertinent legal issues,

and to provide a referral

network with in B.C. and

among other chapters.

Lawyers practising in B.C.

are invited to become

chapter members. For more

information call : Mandeep

Dhaliwal at 604-631-6742

(mdhaliwal@lawsonlundell.com)

For more information visit

www.na-saba.org.

29

New West/ Fraser Valley Bar Golf Tournament

Members of the bar, judici­

ary, court reporters and

their friends are invited to

participate in this annual

tournament on July 8 at the

Gu il dford Golf Course

(7929-152nd Street) in

Surrey. Tee times start at

I I a.m. and players can golf

a regular game or partici­

pate in a Texas Scramble

competition.

There will be a barbecue

dinner fo ll owing the

tournament. Ticket prices

are $95 and include dinner,

golf and prizes. Dinner only

is $40. Part of the proceeds

from the event will be

donated to the CBA Law­

yers Benevolent Fund.

The registration dead li ne is

June 24. For more informa­

t ion call Rick Molstad at

604-526-1821 .

30

BCCLS Brings LawSourceAccess to Libraries As of March 1, 2004, the B.C. Courthouse Li­brary Society (BCCLS) provides free access to Westlaw eCarswell's LawSource on all court­house library computers outside of Vancouver.

The information on LawSource is available to lawyers and members of the public of B.C. as a result of subscription negotiations held be­tween BCCLS and Carswell. There is no cost to access LawSource on the public access com­puters at courthouse libraries outside Vancou­ver. The only cost to users is the standard $0.25 per page charge for self-service printing.

Some of the resources available on LawSource include: Canadian case law; federal and pro­vincial legislation; Canadian Encyclopedic Di-

gest; The Canadian Abridgment; and KeyCite Canada. jF

~ , ... , B RITISH COLUM BIA

COURTHOUSE LIBRARY SOCIETY

Training on eCarswell

Training programs are underway in the six re­gional courthouse libraries: Kamloops, Kelow­na, Nanaimo, New Westminster, Prince George and Victoria. The BCCLS will travel throughout B.C to smaller locations with courthouse librar­ies to train lawyers. Visit www.bccls.bc.ca for dates and locations of training programs and ori­entation sessions or call 1-800-665-2570.

CLE Online Conferences •

The Continuing Le al Education Society of Brit iS h Co~mbia

CLE is pleased to present a series of online lunchtime conferences designed to bring you the latest developments in law. Part of the "Brown Bag" series, The Year in Review offers sessions by area of interest. Almost anyone that can connect to the Internet can participate in these CLE online conferences. All courses run from noon to 1 p .m. Cost is $60 per session and registration includes downloadable course materials. The upcoming Year in Review ses-

BarTalk Hole Punch Final Tally

In the last issue of BarTalk we asked whether we should continue to hole punch BarTa/k, which was originally designed to be filed in binders. It was a treat to hear from readers -thank you for your e-mails. The final results were:

• 70 per cent anti-punch • 30 per cent pro-punch

Congratulations to Debra Bulmer who won a CBA stainless steel travel mug. Debra was one of 30 people who responded to our hole punch question.

sions are: Tuesday, April13: Family Law / Costs Wednesday, April14: Wills, Estates & Trusts Thursday, April15: Company Law / Tax Monday, April19: Employment Law / Human Rights Tuesday, April20: Privacy

For more information, visit www.cle.bc.ca or call 604-893-2121 or 1-800-663-0437. jF

In the next BarTalk ...

Michael Van Klaveren, B.C. Crown Counsel Association Presi­dent, will outline the impact on the Crown Counsel Office and potential for disruption to the justice system arising from the B.C. Government's rejec­tion of the Taylor Re- Michael Van Klaveren port's recommenda-tions for settlement of an agreement concerning Crown Counsel compensation.

BarTalk Vol. 16/No. 2

Law Foundation of B.C. NEW GOVERNOR­LINDA PARSONS

Linda Parsons, a senior partner at Davis and Company in Vancouver, has been appointed to the Board of Governors of the Law Foundation.

Governor Parsons Linda Parsons

earned her law degree from the University of Toronto. She was called to the B.C. bar in 1980. Ms. Parsons practises corporate and commer­cial law with an emphasis on mergers and ac­quisitions, banking law, and health law. She has been active with CLE as an instructor and is a member of the Perinatal Mortality and Mor­bidity Committee with the B.C. Reproductive Care Society. She is also the Past President of Big Sisters of the B.C. Lower Mainland. The Law Foundation is pleased to welcome Ms. Parsons.

DEPARTING GOVERNORS- WENDY AU ANDROOPCHANDSEEBARAN

Governor Wendy Au and Roopchand See­baran finished their term as Governors of the Law Foundation in March.

Ms. Au was a lay Governor from Vancouver; appointed by the Attorney General in 1998. She is a Community Project Manager with the City Manager's Office of the City of Vancouver. Ms. Au also serves on the Board and / or Advisory Committees of the Vancouver Foundation, the College of Licensed Practical Nurses, and the Asian Society for the Intervention of AIDS. Dur­ing her tenure, Ms. Au served on the Diversity Committee, Policy and Planning Committee and the New Grants Committee.

Mr. Seebaran was a Professor at the School of Social Work, UBC until his recent retirement. Prior to joining the faculty, he spent a number of years in direct practice as a Social Worker and Community Development Worker in agen­cies in B.C. and Manitoba. He also served on the Multiculturalism Committee of the Law So­ciety and recently chaired the B.C. Council on

April 2004

Multiculturalism. During his tenure, Mr. See­baran served on the Finance and Administra­tion Committee, the Bursary, Scholarship and Fellowship Committee, the Policy and Plan­ning Committee, the New Grants Committee and was the Chair of the Diversity Committee.

We all share a debt of gratitude to Governor Seebaran and Governor Au for their contribu­tions to the Foundation.

2004 PROJECTS INITIATIVE

We are pleased to announce that we have re­ceived nearly 100 letters of intent for the 2004 Project Initiative and the Aboriginal Women and Children's Justice Issues Project Initiative. The Foundations New Grants Committee will be making recommendations to the Board shortly about projects to be invited to submit full applications for funding. The Law Foun­dation's Board of Governors will adjudicate project grants at their meeting on June 26, 2004.

DIVERSITY PROFILE

The Law Foundation has recently published an updated Diversity Profile which includes 2001 Census data as well as 1996 comparative data about the people of B.C.

The Profile includes information on areas iden­tified in the Law Foundation working defini­tion of Diversity, which is: "Diversity includes age, different abilities, socio-economic level, ed­ucation, ethnicity, language, family gender, marital/relationship status, race, religion, work experience, geographic size and location, and sexual orientation."

Anyone interested in more information or in re­ceiving a copy of the profile should contact Veenu Saini at vsaini@tlfbc.org.

The Law Foundation's Mission Statement: "To use our income for the benefit of the public of the prov­ince of B.C. by supporting programs which advance and promote the rule of law and a just society. The Law Foundation recognizes the diversity of the pop­ulation of B.C. and endeavors to be responsive to the diverse public of B.C. in its workforce, Board and grant making. " •

BarTallc is published six times per year by the Canadian Bar Association, British Columbia Branch lOth Floor 845 Cambie Street Vancouver, B.C. V6B 5T3 TEL: 604-687-3404 TOLL FREE in B.C., outside the Lower Mainland:

1-888-687-3404

FAX: 604-669-960 I TOLL FREE in B.C., outside the Lower Mainland: 1-877-669-960 I

• BarTa/lc Senior Editor: CAROLINE NEVIN

604-687-3404, EXT.

320 cnevin@bccba.org

• BarTallc Editor: SANDRA WEBB

604-646-7856 slgwebb@bccba.org

• Editorial Board Chair: KENNETH ARMSTRONG

lcarmstronglaw@ shaw.ca

• Editorial Board Members: VIKKI BELL, QC

jOHANNE BLENKIN

DIANA DAVIDSON

DAVID DUNDEE

ANNA FEGLERSKA

CHRISTINE MINGlE

MARGUERITE (MEG)

SHAW

VERONICA SINGER

© Copyright the British Columbia Branch of the Canadian Bar Association-2004.

This publication is intended for inform­ation purposes only and the information contained herein should not be applied to specific fact circu­mstances without the advice of counsel.

The Canadian Bar Association, B.C. Branch represents more than I 0,000 members within British Columbia and is dedicated to impr­oving and promoting access to justice, to reviewing legislation, initiating law reform measures and adv­ancing and improving the administration of justice.

3 I

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Positions Available

COQUITLAM PRACTICE-Sole practitioner with a well established, busy solicitor' s practice (mainly wills, estates, trusts & corporate) in a great location wishes to retire & seeks successor. Available to assist with transition. E-mail replies to cba@bccba.org (attention "Box 104").

SOLICITOR REQUIRED-byestablished1aw firm in the beautiful Comox Valley. Early partnership available. Send resumes to P.O. Box 3549, Courtenay, British Columbia, V9N 6Z8, Attn: D.W. Olstead

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Advertising

Classified Ad Rates CBABC members ... ... ...... .... .... $25 per line Non-Profit Organizations .... .... $30 per line Commercial Organizations ....... $40 per line Next deadline: April 30

Display Ad Rates 3 x 1 column CBABC members .. .. ...... ...... .. .. .... .... ... $450 Non-Profit Organizations .. ... ..... ......... $575 Commercial Organizations .. ..... ........... $750 1/3 page CBABCmembers ....... ... .... ...... .... ... . $1 ,300 Non-Profit Organizations .... ..... ..... .. $1,600 Commercial Organizations ......... .... .. $2,200 Next deadline: Apri130

Insert Rates (all of BC) CBABC members .. .... .. .... ... ... ..... .... . $1 ,200 Non-Profit Organizations .... ..... ..... .. $1,400 Member Services ....... ... .... ... ..... .. .. ... $1,750 Commercial Organizations ..... ........ .. $2,000 Next deadline: May 7 Next mailing date: May 28

Please directBarTa/kadvertising inquiries to Sandra Webb, Bar Talk Editor Tel: 604-646-7856 Toll free : 1-888-687-3404, ext. 318 E-mail: cba@bccba.org

~ Looking for discounts and deals? ~'@) See the Member Services insert.

Place free ads online! www.bccba.org has two areas to advertise. See "Human Resources" and the "Lawyer Lounge."

ASSOCIATE POSITION AVAILABLE Are you a junior lawyer interested in developing a focused legal practice with significant opportunities for growth? McCormack & Company is a small, well known firm located in downtown Vancouver whose primary area of practice is strata property law. We are looking for a junior lawyer to work with us as we continue to grow. Experience in strata property law (or related fields) is an asset but not required. Mentorship under a senior lawyer will be an integral part of the position while skills are being developed.

As a boutique firm we do both barristers and solicitors work for our clients in a dynamic area of law. Our clients include strata managers, strata corporations and individual owners. Please visit our website at www.mclc.ca to obtain more information about our firm.

BarTalk Vol. 16/No. 2