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Newsletter of the Canadian Bar Association (BC Branch)

June 1996

Vol. 8 • No.3

INSIDE President's Message ...... 2

Section Talk .................... 3

Provincial Council Meeting ............................. 7

Registry Q&A _, ___ __ , ___ __ ·1 0

BC Branch Golf Tournament .................. I I

Federal government institutes policies for employment equity and dispute resolution ....... 12

Ombudsperson myths debunked ..................... .. 14

Practice Talk ................. 15

Legislative Update ........ 17

Controversial mortgage program continues to expand

Anew program to process and prepare mortgage applications without any le­gal advice being provided to borrow­ers continues to expand in British Co­

. umbia. The new program has now been implemented by Canada Trust and Surrey Credit Union and is being considered by others.

Under the program, when a lender enters in are-financing contract with a borrower, the lender prepares the mortgage documentation in con­junction with First American Title Insurance Company. The loan application is processed by the lender who enters some limited title particu­lars and the mortgage particulars into a compu­ter database licensed to them by First American. First American then conducts a limited review of title, generally restricted to confirming that the borrower is the owner of the property.

Once the . mortgage documentation is pre­pared, it is delivered to the financial institution's local branch and the borrower is called in to attend to execution. The mortgage is explained to the borrower by an employee of the financial institution. A lawyer or notary public who is arranged through Law line Canada is then called in to witness the borrower's execution of the mortgage documentation as required by Section 42 of the Land Title Act. The lawyer is specifically instructed not to provide legal advice to the borrower and, thus, the borrower is entering into a significant finimcial transaction without the benefit of legal advice.

First American has approached the Director of Land Titles to h<we the officer's certification requirements under the Land Title Actwaived or abolished, thereby doing away with the require­ment that a lawyer be present to witness the exec~tion of the documents. The Director of Land Titles has indicated that a change to cur-

rent legislation is unlikely to be forthcoming. First American also approached the Attor­

ney General's office with a request that the au­thority of the commissioners at financial institu­tions be expanded from their current limitation of only witnessing mortgage discharges to allow them to witness mortgages being granted by their customers. The Attorney General's office has advised First American that the request rais­es a number of public policy concerns and that such a change is not likely to be forthcoming.

This issue has been extensively reviewed by the Real Property Section (Vancouver) of the C.B.A. Edward L. Wilson, Chair of the Section, has confirmed that the Section does not object to financial institutions preparing their own mort­gage documentation or using title insurance in their mortgage transactions per se. A number of financial institutions have prepared documents in-house in recent years. Once prepared, howev­er, the documents are sent to the borrower's lawyer for execution. This offers the borrower a low-cost service, while still providing an oppor­tunity for the borrower to obtain legal advice regarding the transaction. The concern of the Section relates to the fact that the program is structured such that borrowers enter into com­plicated financial transactions with significant legal implications without the benefit of legal advice.

The Section is also concerned that the lawyer witnessing the documents may, notwithstand­ing the written acknowledgement signed by the borrowers that the lawyer is not acting for them, be perceived by the borrower as being "their" lawyer. It is not difficult to imagine that the borrowers will be under the impression that if

Story continues on page / 6

By

joanne Power

Manager Registrar Program

If you have any interesting

or unusual questions or

comments about this col­

umn, please write directly

to:

JOANNE POWER Manager, Registrar Programs Law Courts, 850 Burdett

Ave. Victoria, B.C. V6W I BS

INTERNET: jpower@ galaxy.gov.bc.ca@gems

or Fax: 387-3061

10

LEGAL PROFESSION ACT. S. 71(11) and Rule 57

QWhat are the costs to be awarded to a successful party in a review under the Legal Profession Act?

A The entitlement to costs on a review under the Legal Profession Act is determined by the "11 6" rule:

Section 71 (11) "Unless the registrar, due to special circum­stances, otherwise orders,

(a) a member whose bill is reviewed shall pay the costs of the review if 1 I 6 or more of the total amount of the bill is sub­tracted from it, and

(b) the person by whom payment is to be made shall pay the costs of the review if less than 1 I 6 of the total amount of the bill is subtracted from it."

In terms of the quantum of costs, the Registrar may either apply the tariffs set out in Appendix B to the Rules of Court, follow­ing the items set out in the decisionGoulay & Spencer v Krezymon *(1991, unreported Van­couver, Registry J900171) or the Registrar may summarily determine the amount. The authority for this is set out in s.71(14):

(*See also Legal Profession Act section of Registrar's Handbook)

"On conclusion of a review under this section, the registrar may

(a) give a certificate for the amount the registrar has allowed to the member for fees, charges and disbursements, and summarily determine the amount of the costs of the review and add it to the amount of the costs of the review and add it to the amount shown on the certificate."

Factors which would affect the choice include whether the revi.ew is opposed! the nature of the issues, that is whether they were substantial or otherwise, and the length

. of the review. For example, if the client takes no issue with the account but is simply unable to pay and the solicitor is able to justify the account in a matter of minutes, the registrar may consider a flat fee such as that used for default judgments in Schedule 1 of Appendix B.

CURRENCY ACT R.S.C. 1989, c.C-52 S.12

Q Does a monetary reference in a judgment have to be calculated in Canadian curren­cy?

AYes, the Currency Act, s.12 states: "12. All public accounts established or main­tained in Canada shall be in the currency of Canada, and any reference to money or mon­etary value in any indictment or other legal proceedings shall be stated in the currency of Canada."

FAMILY RELATIONS ACT, s.5(1)

Q Where is the jurisdiction to annul a mar-riage? .

A Family Relations Act, s.5(1) states: "The Supreme Court continues, subject to the Divorce Act (Canada) to have jurisdic-tion in all matters concerning the custody of, access to and guardianship of children, dis­solution of marriage, nullity of marriage, judicial separation, alimony and mainte­nance."

(See also Rule 60)

SMALL CLAIMS ACT s.13(2)

Q Can a Supreme Court decision on appeal from the Small Claims Court be appealed?

A Small Claims Act, s.13(2) states: "There is no appeal from an order made by the Supreme Court under this section."

Rule 3(4)

Q Is it necessary to file a Notice of Intention to Proceed under Rule 3(4) when there are no parties of record upon which it can be served?

A No. Rule 3(4) states: · "In a proceeding where judgment has not been obtained and no step has been taken for one year, no party shall proceed until

(a) the expiration of 28 days after service of notice of that party's intention to proceed on all other parties of record ... "

Bar Talk Vol.8 No. 3

Rule 37(20)

Q What is the correct procedure for filing a judgment once an Acceptance of Offer (Form 65A) has been delivered?

A Rule 37(20) states: "If a party fails to comply with the condi­tions of an accepted offer to settle, the other party may

(a) apply for an order in the terms of the accepted offer, or

(b) continue the proceeding as if there had been no accepted offer."

CORRESPONDENCE~THTHECOURT

Q What procedure should we follow if coun­sel wish to know the status of a reserve judgment?

A It is improper for counsel to correspond . directly with the judiciary. The only proper

way for such an enquiry to be made, if it is made at all, is by letter to the registry to the attention of Trial Division/District Regis­trar where it will be dealt with promptly and appropriately. (See 27 June 1988 Prac­tice Direction, British Columbia Annual Practice 1995, p.553)

Rule 41(14) (c) &

COURT ORDER INTEREST s.7(2)

Q From what date does interest accrue on an amount awarded under a Certificate of Costs?

A This question was recently canvassed by Madam Justice Boyd: Syed v Randhawa (Un­reported 1996, Vancouver Registry No. C917885, specifically at page 5): " In this case, while there is no sum certain of money payable under such time as the taxation hearing is concluded and a certifi­cate of costs issued by the Registrar, I am satisfied that by virtue of the combined ef­fect of Rule 41(14)(c) and section 7(2) of the Court Order Interest Act, costs are payable upon pronouncement of the judgment and interest accrues from the date of the taxation unless the court specifically provides that . interest shall not run until some later date ... In effect, taxation of costs is a formality in the nature of the entry of an order."

June 1996

Rule 57

Q Can a successful plaintiff assess its costs before the defendant's counterclaim has been heard and the entire action has been disposed of?

A In recent unreported decision (1996, Vancou­ver Registry No. C941442), Madam Justice Boyd found that the rule based on the deci-sion of the Nova Scotia Supreme Court, Appeal Division, in the Trustees of the United Church of Canada v. Teal (11 C. P.C. 167) was inapplicable when the plaintiff's success was final rather than interlocutory. At page 5, Boyd, J.: "I am not satisfied that the Teal decision has any application in a case such as that before me where the main action has been settled between the parties with a court order which follows awarding costs to the successful lit­igant. While the words "to be paid forth­with" have not been used by the master, the tenor of the order is the same. It is final judgment in the main action."

Branch golf tourney set for August .

•

The BC Branch is holding its 3rd Annual Golf Classic on Friday, August 23, 1996 at the University Golf Club in Vancouver. At 1:00 p.m. (sharp!) 144 golfers will tee off on a shotgun start.

This year's tournament, which features a "scramble format," offers fun-and a chance to win-for every golfer, regardless of experi­ence or talent. Once agciin, there'll be oodles of prizes and surprises, with a Hole-in-One Com­petition, a Putting Contest and many other novelty ideas sure to make this a fun day for everyone, while also raising funds for Litera­cy BC. Cost is only $175 per golfer (including taxes) for a round of golf, a shared power cart, an on-course luncheon, putting contest, re­ception, entertainment, a delicious banquet­and a prize draw!

The tourney is being held in conjunction with the Joint CBA Annual Meeting and Com­monwealth Law Conference in Vancouver. Several golfers from other Commonwealth countries have already registered. Tickets are limited so be sure to register early. A brochure with more information and a registration form is enclosed with this issue of BarTalk. +

II

Justice conference to be held in Jerusalem A law conference, "Jerusa­

lem-City of Law and Jus­

tice", is to be held in Jerusa­

lem, Israel, from July 8-12,

1996, on the occasion of the

three thousand year anniver­

sary of Jerusalem as the capi­

tal of the Jewish people.

The conference will gather

together scholars, lawyers,

judges, rabbis , theologians

and law professors to discuss

the contributions of Jewish

law and legal values to mod­

ern legal systems. Topics to

be covered will include hu­

man rights, constitutional

law. environmental concerns

and medical ethics.

For further information or to

register for the conference,

please write: Professor Na­

hum Rakover, the Jewish Le­

gal Heritage Society, Box

7483, Jerusalem 91074 or E­

Mail : Jewishl@goldn.net.il.

12

Department of Justice implements polic and dispute resolution

WORKPLACE EQUITY POLICY FOR LEGAL AGENTS

The federal government has recently released criteria for employment equity which apply to all lawyers and legal firms appointed as stand­ing agents of the Attorney General of Canada. These· criteria require that all standing agents must conform to principles of employment eq­uity defined by the federal Department of Jus­tice.

Employment equity in the federal context is governed J?y the Employment Equitt; Act which is intended to ensure the fair representation and full participation in the workplace of women,

. aboriginal peoples, members of visible minority groups and persons with disabilities.

The Department of Justice fully supports employment equity and is committed to under­taking special measures, where necessary, to eliminate any disadvantages that may be expe­rienced directly or indirectly by designated group members.

The principles of employment equity in the workplace include the following:

1) employment equity: i.e. achieving a fair and representative workplace through the elim- . ination of employment barriers and the adop­tion of positive policies and practices designed to improve representation of the four designated groups-women, aboriginal peoples, persons with disabilities and visible minorities;

2) anti-discrimination: i.e. eliminating dis­crimination in the workplace, including harass­ment on the basis of prohibited grounds of dis­crimination (including sexual harassment); and

3 )reasonable accommodation: i.e. taking rea­sonable steps to accommodate the special needs of members of the designated groups in the workplace (for example, improving accessibility to the workplace, religious observance, parental leave and alternative work arrangements). "Rea­sonable" imports a duty to accommodate unless it would impose undue hardship on the employ­er.

The federal government recognizes that a law firm's ability to implement a workplace equity policy depends upon the size of the or­ganization. Therefore, requirements imposed on

"Lawyers for Literacy" speakers are ready to address your firm Speakers were trained at recent seminar in Vancouver

CBA executive member Mary Mouat (left) and Lawyers for Literacy Project Manager Penny Bain (right) were among those attending recent speakers' training session.

The people at Lawyers for Literacy want to talk to you. The project recently trained the first group of speakers who can explain to you and your colleagues why client literacy is a practice issue. Whether you can spare 15 min­utes, one hour or three, a speaker is available

to come to your law firm, your section meet­ing, or any other gathering of lawyers.

On March 30, a training session for speak­ers prepped eight volunteers and the members of the project management committee on how to present the issues and follow-up on the awareness kit that was distributed to all law firms in early April. Another speaker training session is planned soon.

In Vancouver, these CBA members are prepared to speak to you or your firm: Penny Bain, Cheryl Stephens, Paul Winn, Lori Beck­er, Chris Jones, Dawn ShawBiswas and Linda Theissen. In Victoria, Mary Mouat and Fiona Hunter are available and, in Kelowna, Kirby Grant is ready to help local firms.

To book a speaker for your firm, call Penny Bain at 733-7852. +

Bar Talk Voi.B No. 3

~s for employment equity

agents differ according to the size of the firm. A) Law firms, or lawyers practising in law

firms of 1-20, are required as a condition of their appointment as standing agents:

1) to make a commitment in writing to re­spect the workplace equity principles set out above;

2) to communicate their commitment to all staff within the law firm; and

3) to report on the representation of desig­nated group members among lawyers within the firm at the request of the Department of Justice.

B) Law firms, or lawyers practising in law firms of 21 or more lawyers, are required as a condition of their appointment as standing agents:

1) to make a commitment in writing tore­spect the workplace equity principles set out above;

2) to communicate their commitment to all staff within the law firm;

3) to have and implement a workplace equity policy and action plan that meet the departmen­tal criteria set out in the accompanying story, "Employment Equity: Policy & Action Plan;" and

4) to collect and record information on the representation and employment status of desig­nated group members within the firm in terms of hiring, promotion and termination in relation to other employees, and on the measures taken by the firm to achieve workplace equity goals and to report such information to the Depart­ment of Justice on request.

DISPUTE RESOLUTION POLICY The federal Department of Justice has instituted a policy of dispute resolution (DR) for its em­ployees and crown agents. The policy includes all possible processes for resolving conflicts, from consensual to adjudicative, from negotia­tion to litigation.

The intention of the policy is to make every effort to prevent disputes from arising and, when they do arise, to address them as early as possi­ble in order to prevent the courts becoming the

June 1996

only avenue of recourse. The policy includes the following commitments:

Department leadership The department will strive to be a leader in promoting the use of DR.

Training The department will ensure that all justice em­ployees will be informed of the purpose and utility of DR and trained in the effective use of DR processes.

Dispute prevention Justice employees have been asked to use their best efforts to prevent disputes from arising and to consider the use of DR processes at the earliest possible stage of any conflict.

Legislative initiatives Justice counsel will ensure that, where appropri­ate, efficient and effective forms of DR will be integrated into draft legislation.

Policy and program initiatives Justice employees will integrate innovative and collaborative DR processes, where appropriate, into policy and program initiatives. Justice em­ployees will work in cooperation with non-gov­ernmental organizations in advancing our knowl­edge of and experience with DR.

Contracting Justice employees and justice counsel, in collab­oration with client departments and agencies, will endeavour to include appropriate DR claus­es into contracts involving the federal govern­ment.

Client services The Department of Justice will inform its clients of the purpose and utility of DR. Justice Counsel will advise their clients of the merits and weak­nesses of each relevant DR process. Justice coun­sel will help the client select the DR process that offers efficient and effective resolution given the nature of the dispute, the interests of the client and the consent of the other party or parties.

Crown Agents Where appropriate, when agents for the Crown are being retained, they will be selected, in part, based on their knowledge in the use of DR proc-esses. •

Participate in the future of your profession The annual meetings of the

BC Branch of the Canadian

Bar Association and the Law

Society of BC will be held in

the atrium of 845 Cambie

Street, Vancouver, on Friday,

September 27. The CBA

meeting wi ll start at 9 a.m.

and the Law Society meeting

wi ll start at 12 noon.

Plan to attend both events.

13

Gail H. Forsythe

14

Top five ombudsperson myths identified- and debunked The appointment last year of Gail Forsythe to the position of Ombudsperson for the Law Societt; of BC provoked considerable comment and controversy. In this column, Forsythe replies to some of the questions and issues that have arisen.

By Gail H. Forsythe, LLM., LL.B., B.Ed

Discrimination Ombudsperson & Lawyer/Mediator

Myth One: The Ombudsperson is a Law Society employee Fact: I am a sole practitioner who is independent of the Law Society's administrative and physi­cal structure. I am not an employee of the Law Society nor do I work out of the Law Society's premises. Independence and confidentiality are fostered with this independent contractor rela­tionship.

Myth Two: This is a lucrative position-where do I sign up? Fact: During the first half of 1995, I delivered over 400 billable hours to the Law Society at an hourly rate of $38.14. The average 1995 hourly fee paid to me by the Law Society was $78.14. My overhead costs (i.e. space, staff, insurance fees, etc.) were, and are, borne by me-not the Law Society. These hourly rates are significantly less than the typical hourly rate of a 1987 call law­yer I mediator with similar expertise. Disburse­ments were billed at cost. I account for my time in one-tenth of an hour increments. The ac­counts are coded to protect confidentiality; they are carefully scrutinized before payment. I un­derstand that over 50 lawyers applied for this position when it was advertised during 1994.

Myth Three: The Ombudsperson earns $120,000 per year for a part-time employee's position-that's more than the Chief Justice of the Supreme Court of Canada! Fact: The 1996 budget of $120,000 plus disburse­ments and taxes allows the Law Society the flexibility it needs to respond to an increase in the demand for services. The service is "user responsive;" neither I nor the Law Society can predict the 1996 demand. As a result, our 1996 arrangement is under review. It has never pro­vided the job security of an employee relation­ship or a guaranteed net of $120,000 regardless of hours billed. My law practice overhead con-

tinues to remain my responsibility. The nature of the work requires high accessibility regardless of other practise demands plus evening and week­end contacts-many of which involve "high stress crisis situations" for the callers.

Myth Four: The Ombudsperson conducted 50 "investigations" during 1995. Fact I receive calls from managing partners, office administrators, lawyers or staff who per­ceive discriminatory behaviour has caused a workplace problem. My role is not to opine regarding the merits of the matter. I do not "create or validate complaints," conduct investi­gations or act as a caller's advocate or personal counsellor. My role is to respond by providing legal information, assisting the caller to identify interests and options, and to educate and to facilitate resolution. Firms or lawyers who do not want to respond to a request for discussion or mediation lose the opportunity to resolve a mat­ter quickly and economically. Costly complaints to the Law Society, a Human Rights tribunal, or a civil forum can be prevented by taking the time to hear a caller's concerns. Each concern could be one less for a Discipline Committee to consider.

Myth Five: In-firm sensitivity training causes unfounded complaints or is indicative of a firm "problem." Fact: Over 600 people have participated in firm "sensitivity" training to date. Only two callers contacted me after the training occurred. As with most callers, these individuals wanted to use my services to help preserve, not destroy, a working relationship. Callers frequently express concern for the other person or their firm; most want to avoid confrontation. In-firm education is recog­nized by astute law firms as a powerful loss prevention measure. Experience indicates that complaints are not created as a result of provid­ing people with legal information. If that were the case, what does that imply about our role as legal counsel to our clients? My visits to a firm are not indicative of a problem at that workplace. Calling the Ombudsperson means that a firm is doing everything possible to ensure a healthy work environment. Doing so is a benefit to the profession-not a problem. +

Bar Talk Voi.S No.3

(

Learn how to minimize conflict in your law practice It's not easy-but good communication can help

David J. Bilinsky Past-Chair, BC Branch Law

Practice Management

Section

You hang up the phone, and let out a deep sigh. Why does the practice of law seem to take such a toll? Why does the adversarial approach seemingly draw some counsel to personal attacks and

practice that while not "sharp," certainly has an edge? Do you suspect that some counsel refuse to discuss resolution of their cases as they inter­pret this as an acknowledgement of weakness? Worse yet, they prefer litigation or negotiation by ambush? Or that some counsel just bury their heads in the sand and wait for problems to

"Now Come on, Come on, Come on, Come on and take it...

resolve themselves, and when they do not, the blame is laid everywhere but at their doorstep? Haven't we all experi­enced counsel who accept instructions which are clearly unreasonable and designed to only drive up

Take another piece of my heart now baby .. .

.. . You know you've got it, if it makes you feel good."

Words and music by J. Ragovoy and B. Berns, recorded

by J. Joplin and Big Brother & The Hold ing Co.

David J. Bilinsky is a partner at Lakes Straith & Billnsky, and is past-chair of the Law Practice Management Section, BC Branch, and can be reached on the internet at

integral@dlrect.ca.

June 1996

costs and frustration? It is clear that the financial and other pres­

sures on lawyers today are mostly negative. Furthermore, at times, all or most of us can fall prey to these negative influences. There are no magic solutions or remedies to handling these difficult situations and difficult persons. How­ever, in looking around, we can see many exam­ples of counsel who consistently rise above the fray and demonstrate the heights that can be achieved. These leaders in our profession have certain common characteristics which I submit, may have been partly inherent, but for the most part were acquired by blood, sweat and tears.

What lessons can we draw from these lead­ers? What techniques can we draw upon to assist us in reaching these same ratified heights? Here is a sampling of suggestions and approach-es:

• The ability to communicate is key. Make use of all communication tools available to ex­press your interpretation of the situation and in turn, gain an appreciation for the point of view of your opponent. Use E-mail, voice mail, de­tailed phone messages, faxes, letters, couriers and if necessary, face to face meetings to defuse tension and allow for the expression and vetting of frustration and pent-up feelings, waiting for the calm and clear-headed period that follows.

• Choose appropriate language and images. Organize your ideas carefully and be attentive to detail. In contextual terms, show that your solu- · tion has a closer fit to the problem than that of your opponent.

• Deal with any credibility problems or the perception of non-credibility forthwith, espe­cially any involving your client. Failure to ade­quately wrestle this one to the ground can be fatal to any further resolution.

• Anticipate the concerns, assumptions and objectives of your opponent, and be able to deal with each in turn in a non-threatening and non­judgmental way. Again, the expression of rea­sonability and rationality can gradually wear away at opinions which are grounded elsewhere.

• Foster mutual respect and good internal relationships within your firm. With this as a foundation, your staff and partners will have a strong basis on which they may deal with the rest of the world. Communication comes from a relationship between people. By encouraging good relationships intra-firm, you are in turn assisting in relationships inter-firm.

• Never assume there is no need to talk. Starting a dialogue can be the first, and most important, step in resolving a dispute or prob­lem. Be creative in ways to start that dialogue

Continued over

IS

PRACTICE TALK

16

Reducing conflict in your practice

Continued from page 15

and make people feel comfortable and respect­ed. From this great things may follow.

• Recognize the contributions of all individ­uals. By identifying and acknow !edging the con­tributions of someone, no matter how small, you have started to break down the barriers that they have erected. Recall that drops of water, repeat­ed many times over, can erode stone.

• Watch for mixed messages. Make your approach today consistent with your approach yesterday and that of tomorrow. Recognize that mixed messages from others can be an opportu­nity or invitation for you to demonstrate the inherent problems in the other point of view. Keep all promises you have made.

• Remember the old adage: You can't talk and learn at the same time. Listening-carefully and attentively, with appropriate body language and eye contact-can express an underlying message quicker and with more conviction than any other form of communication. Also, if you

seek to persuade others, you must first under­stand not only the what but also the why.

• Seek to validate and appreciate those parts of your opponent's message that support your cause and your aims for resolution. You need to play the roles of coach, teacher and mentor, in turn, to change the course of your opponent and convince them of the reasonability of your point of view.

• Recall the three communication levels: par­ent, adult and child. Each of these should be responded to in an appropriate fashion and at an appropriate level, depending on your situation and objectives.

• Lastly, celebrate the big and the small achievements that show you are on the right path. By doing so, you will act as a mentor to others and encourage your colleagues to take their victories and successes to heart. +

For co-publication in BarTalk and Lawyering Skills (ABA).

Title insurance program could significantly affect the Torrens land registry system Continued from page I

the lawyer does not object to the form of the document or the underlying transaction, then everything must be okay.

The use of title insurance in these pro­grams will also impact upon what is one of the most efficient land registry systems in the world. The Torrens system operated under the British ColumbiaLand Title Act has served the interest of the public for many years. It is the presence of the Torrens system that facil­itates one of the lowest-cost conveyancing and mortgage preparation systems in the world.

The use of title insurance as established under the new programs will mean that ex­isting charges on title are not reviewed with the frequency that is currently the case. The current mortgage and conveyancing prac­tice by BC lawyers has a built-in mainte­nance factor that continues to clean up title

errors and get rid of redundant charges that have occurred over the years because the lawyers identify and deal with these prob­lems. Even where charges are not in error or redundant, they are reviewed with the bor­rowers and the possible implications ex­plained. The use of title insurance may serve to mask these problems rather than correct them. If title insurance becomes a significant force in BC, then it will be difficult to rely on the Land Title system and, over time, costs will increase.

The Issues Alert dated April26, 1996, Vol. 3, Issue 2, reported on the resolutions put forward at the recent C. B.A. Provincial Coun­cil meeting. The Real Property Section con­tinues to review this matter and further news may be forthcoming. +

BarTalk Vol.8 No. 3

Ann McLean

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.

Eve1y effort is

made to ensure the accuracy of the

information provided to you in this article

but the information should not be relied

upon. Lawyers should refer to the

specific legislative or regulatory provision.

June 1996

ACTS IN FORCE

Adoption Act, S.B.C. 1995, c.48, provides for the repeal of the Adoption Act, R.S.B.C. 1979, c.4 and repeals the Adoption Amendment Act, 1990, S.B.C. 1990, c.30.1t provides for the creation of new and permanent family ties through adoption, giving paramount consideration to the child's best interests. Children may be placed for adoption with one adult or 2 adults jointly, legal age and residency in British Columbia being the only limiting criteria. Interprovincial and intercountry adoptions are dealt with. The Hague Convention on Intercountry Adoptions is recognized in the Act as soon as the Convention comes into force in British Columbia. Provision is made for openness agreements and disclosure of identifying and non-identifying information in certain circumstances. Consequential amendments are made to the Community Care Facility Act, Employment Standards Act, Freedom of Information and Protection of Privacy Act, Law and Equihj Act, Miscellaneous Statutes Amendment Act, 1985, Public Guardian and Trustee Act and Vital Statistics Act. More information about this act may be found in a separate article in this issue "Adoption Act comes into force in November" .

in force November 4, 1996

Arts Council Act, S.B.C. 1995, c.18, establishes the British Columbia Arts Council to allocate grants for the support of the arts and culture and · act as an independent advocate for the arts and culture in British Columbia.

in force April15, 1996

Education and Health Collective Bargaining AssistanceAct, S.B.C.1996, c.1, (Bill21), provides for the designation by regulation of school, college and health care employers and trade unions who must accept the recommendations of an industrial inquiry commission or mediator appointed under the Labour Relations Code.

in force April 28, 1996; automatically repealed on June 30, 1996,

or an earlier date set by regulation

Farm Practices Protection (Right To Farm)Act, S. B. C. 1995, c.23, repeals theAgriculture Protection Act, S.B.C. 1989, c.19, and provides that farmers on agricultural land or where licensed for aquaculture, who conduct ·their operations in

accordance with normal farming practices, are not liable in nuisance and may not be prevented by a court from conducting such operations and do not contravene local government by­laws only because of conducting such operations. The Farm Practices Board is established to attempt to settle complaints and if complaints are not settled, to determine if a disturbance complained of results from normal farming practice. The Land Title Act, R.S.B.C. 1979, c.219 is amended allowing the approving officer to refuse to approve a subdivision where the anticipated development would unreasonably interfere with farming operations or the highways and allowances would unreasonably increase access to land in the ALR. The Municipal Act, R.S.B.C. 1979, c.290 is amended, allowing local government to include in a community plan provision for farming on land in the area, requiring that local government obtain the approval of the minister before preventing farming in certain circumstances, and adding Part 29 Division (4.1) - "Farm Standards and Bylaws", which restricts the powers of local government in enacting by­laws which affect farming and provides for a 3 year review of by-laws affecting farming areas to determine consistency with ministerial standards.

paragraph (h) of the. definition of "farm operation" in section 1 of the Act

in force April1, 1997; section 2(2)(b )(ii) of the Act

in force April19, 1996; balance of the Act in force April1, 1996

Forest Practices Code of British Columbia AmendmentAct,1995, S.B.C. 1995, c.6, amends the Forest Practices Code of British Columbia Act, S.B.C. 1994, c.41, enabling limited non­replaceable licensees to transfer their silviculture responsibilities to the Crown in return for payment.

section 25 of the Act in force April 4, 1996

Health Statutes Amendment Act, 1995, S.B.C. · 1995, c.26, repeals theNurses (Licensed Practical) Act, R.S.B.C. 1979, c.300, makes consequential amendments to the Nurses (Registered) Act and

Continued over

17

LEGISLATIVE UPDATE

18

Continued from page 3

makes transitional provisions. sections 17, 18 and 20 of the Act

in force March 22, 1996

Human Rights Amendment Act, 1995, S.B.C. 1995, c.42, amends the Human Rights Act, S.B.C. 1984, c.22, changing the name of the Act to the Human Rights Code, setting out the purposes of the Act, replacing the Human Rights Council with three bodies, the British Columbia Human Rights Tribunal, responsible for adjudication, the British Columbia Human Rights Commission, responsible for investigation, mediation, education and research and the Human Rights Advisory Council, responsible for encouraging community involvement and ensuring that public concerns are brought to the commission and the minister. Complaints may be filed with the commissioner of investigation and mediation where a contravention of the Code is alleged within one year of the alleged contravention. The complaint will be investigated and then must be dismissed or referred to the Human Rights Tribunal for a hearing. A decision to dismiss a complaint by the commissioner is reviewable by a member of the tribunal. The terms of any settlement agreement must be provided to the commission and may be enforced as an order of the tribunal. The remedies available to the tribunal are similar to those previously provided for under the Act: they may order a person to cease their contravention of the Code, they may make a declaratory order that conduct is discriminatory or they may order a person to take steps to ameliorate the effects of discrimination or adopt an employment equity program to ameliorate the conditions of disadvantaged individuals or

REPORTS AVA ILABLE

The Legislation and Law Reform Committee has

received a copy of the following reports from the B.C.

government or other sources. Copies may be obtained

from the source noted.

Questions and A nswers about Pension Division on Marriage Break­down

Framework and W o rkplan: First Steps

Law Reform Commis­sion (while copies last - 660-2366); LRC web­site: http:l/ www.lawreform.gov.bc.ca; Crown Publications ($ 1 0 - 386-4636)

Transition Commission for Child and Youth Services (356-083 1)

groups and in certain cases may order that the person discriminated against be given the opportunity that they were denied or receive compensation or damages. Tribunal orders may be enforced as judgments of the Supreme Court. Consequential amendments are made to the Freedom of Information and Protection of Privacy Act, Hydro and Power Authority Act, Labour Relations Code, Liquor Control and Licensing Act and Residential Tenancy Act.

Act, except the portion of section 4 which enacts s.24 of the Human Rights Act,

in force October 1, 1996

Offence Amendment Act, 1995, S.B.C. 1995, c.30, amends the Offence Act, R.S.B.C. 1979, c.305, providing that a fine payable as a result of a deemed conviction is enforceable as a debt and providing a 10-year limitation period for the filing of a certificate relating to the failure to pay a fine and makes consequential amendments to the Offence Amendment Act, 1982.

sections 1, 4 and 5 of the Act in force July 1, 1996

Victims of Crime Act, S.B.C. 1995, c.47, defines victim to include a person who suffers physical or mental injury or economic loss as a result of an offence or who is a spouse, sibling, child or parent of an individual against whom an offence is perpetrated and who suffers significant emotional trauma. Justice system personnel are required to treat a victim with courtesy and respect and without discrimination. On request by a victim, the Attorney General must take · reasonable measures to ensure that a victim has legal advice independent from Crown counsel in response to an application to disclose personal information where the victim lacks financial resources. Crown counsel must ensure · that a victim can have an admissible victim impact statement presented to the co1,1rt before sentencing. The Act sets out the general information which the justice system must offer the victim, other specific information about the offence which must be made available to the victim on request, and information about the custody and parole of the accused or offender which may be given to the victim where the interest of the victim outweighs the privacy interest of the accused or offender. The Victim Surcharge Special Account is established. The account will be made up of funds including a victim surcharge levy which offenders will be required to pay when they pay fines under prescribed enactments. The funds in the account will be used to defray the costs incurred in complying with the Act and providing victim

Bar Talk Voi.S No. 3

services, but not for direct compensation to individual victims. The Ombudsman A9t applies to the Act, but with some limitations. Employers are prohibited from penalizing an employee who is absent from work to appear as a witness or meet with justice system personnel to assist in investigation or prosecution of an offence. Consequential amendments are made to the Justice Reform Statutes Amendment Act, 1989.

Act, except sections 9 and 18 in force July 1, 1996

REGULATIONS TO NOTE

Corporation Capital Tax Act, B.C. Reg. 308192 is superceded by B.C. Reg. 79 I 96, the Corporation Capital Tax Regulation.

B.C. Reg. 79/96 effective April1, 1992, amended effective April1, 1993, February 11,

1994, April1, 1994 and March 29, 1996

Court Rules Act, B.C. Reg. 221 I 90, the Supreme Court Rules, are amended as to (a) Rule 1(8), defining "relief" to include remedy

and making consequential amendments to Rules 8(2), 15(5), 22, 40(53), 55(2) and 62,

(b) Rule 4 - Forms and Documents, requiring that a style of proceeding for a class action must include the words "Brought under the Class Proceedings Act",

(c) Rule 6- Persons Under Disability and Form 4.1, providing for removal of a guardian ad litem where an infant attains the age of major­ity during the course of an action,

(d) Rule 9 -Renewal of Writ, eliminating the requirement of endorsing the original writ with the renewal order,

(e) Rule 13(1 )( q)- Service outside British Colum­bia without order, providing for service ex juris without order for corollory relief and variation proceedings,

(f) Rule 18A - Summary Trial, providing for a preliminary application on the suitability of an application and requiring that an appli­cant tender all evidence upon which the ap­plicant intends to rely other than rebuttal evidence, at the time the notice of motion is filed,

(g) Rule 22 - Third Party Procedure, requiring that the third party notice contain a state­ment of the material facts and the relief that the third party seeks, providing that the no­tice may not be filed later than 120 days before the scheduled trial date except with leave of the court and providing for claims made pursuant to the Negligence Act,

June 1996

LEGISLATIVE UPDATE

(h) Rule 26- Discovery and Inspection of Docu­ments, providing that the court may order delivery of a list of documents within a par­ty's power and may excuse compliance with subrules (1), (7) or (9),

(i) Rule 27(20)- Production of Documents, pro­viding an exception for the requirement to produce documents when ordered by the · court,

G) Rules 31(7)- (9)- Admissions, Rule 39(20)(c)­What certificate must contain, Forms 23, and 37, deleting the mandatory notice to admit,

(k) Rule 35- Pre-Trial Conference, providing that an interlocutory application may be made at a pre-trial conference,

(1) Rule 40 - Notice of intention to call adverse party as witness and Form 40, rationalizing the rules relating to adverse and hostile wit­nesses,

(m) Rule 40- Submissions to court, allowing the court to limit th~ length of submissions and to require that submissions be in writing,

(n) Rule 60(22)- Application by Person Author­ized, allowing a person authorized by a par­ty's solicitor to search a matrimonial file,

( o) Appendix B, Section 2, providing that if costs are payable on acceptance of an offer to settle made under Rule 37, the costs are to be as­sessed under Scale 3, and

(p) Appendix C, Schedule 1, clarifying recent amendments to the filing and hearing fees.

B.C. Reg. 95/96 effective July 1, 1996

Forest Practices Code of British Columbia Act, B.C. Reg. 174195, the Operational Planning Regulation is amended by adding Division 3 -Silviculture Prescriptions for Non-Replaceable Licenses.

B.C. Reg. 86/96 effective April 4, 1996

Guaranteed Available Income for Need Act, B.C. Reg. 479 I 76, the Guaranteed Available Income For Need Regulations is amended to allow trusts to be set up for disability related costs for GAIN recipients and to provide dental and optical benefits for qualifying children.

B.C. Reg. 109/96 and 110/96 effective April 26, 1996

Health Professions Act, B.C. Reg. 71196, the Licensed Practical Nurses Regulation is made, designating licensed practical nursing, establishing the College, establishing the scope

Continued over

19

LEGISLATIVE UPDATE

20

of practice and establishing a reserved title for practitioners.

effective March 22, 1996

Health Professions Act, B.C. Reg. 80 /96, the Acupuncturists Regulation is made, designating acupuncture, establishing the College, establishing the scope of practice and establishing a reserved title for practitioners. sections 3 and 5 effective July 1, 1997; balance

effective April l, 1996

Motor Dealer Act, B.C. Reg. 101/95, the Motor Dealer Consignment Sales Regulation is amended deleting the requirement that motor dealers selling vehicles on consignment maintain their trust accounts with a lawyer or notary and

setting out the requirements for self-administered trust accounts.

B.C. Reg. 47/96 effective March 1, 1996

WasteManagementAct,MotorVehicleAct, B.C. Reg.116 I 96, the Motor Vehicle Emissions Control Warranty Regulation is made, requiring that starting with the 1998 make year, new motor vehicles must have a defects warranty and performance warranty as described. B.C. Reg. 26/58, the Motor Vehicle Act Regulations is amended accordingly. . +

most effective April 26, 1996, but some provisions to be brought into force by

subsequent regulation

ADOPTION ACT COMES INTO FORCE IN NOVEMBER The new Adoption Act will come into force November 4, 1996. Lawyers whose practices include facilitating private adoptions should be aware that the new Act makes changes in this area. The Act provides that a child may be placed by the director of adoptions, a licensed adoption agency, or the birth parent or guardian through a direct placement or with a relative of the child. Conditions for direct placements are the same as those for Ministry adoptions. Private adoptions may still take place, however they will be facilitated by licensed agencies and the same requirements for a home shtdy and counseling of the birth mother will apply to private and Ministry adoptions. Lawyers will be entitled to reasonable fees and disbursements for legal services only. Licensed agencies may receive fees and expenses to a maximum amount and may be required to be non-profit. Advertising will be restricted. A brief description of other provisions of the Adoption Act is in the Legislative Update column of this issue. +

David Roberts honored at special dinner Retiring editor of The Advocate was feted by friends and admirers at Law Courts Inn

At the special tribute organized for him, long-time

Advocate editor David Roberts was flanked by Mr. Justice

William Esson (left) and Mr. Justice Allan McEachern

(right).

David Roberts' achievement as editor of The Advocate was applauded at a special dinner given in his honor on Thursday, May 16, at the Law Courts Inn.

Mr. Justice William Esson described that achievement -which spanned nearly 30 years

from 1967 to 1996--as "unique and splendid". Thomas Woods, the journal's assistant editor since 1990, described Roberts as a "kind and wise teacher." Woods has succeeded Roberts as editor.

Many of those who paid tribute to Roberts poked gentle fun at the man and his foibles. Donovan Waters, who was last year honoured with the George A Goyer, Q. C. Memorial Award for Distinguished Service, said he was happy that The Advocate was a somewhat conservative publication.

"The round and square brackets are always as they should be," he said, referring to the publication's unerring grammatical probity.

Although Roberts is retiring from his position as editor, he will continue to serve the publication as a member of the Editorial Board. +

Bar Talk Vol .8 No. 3

Automated filing system for financial documents set to start in fall

A new system, named SEDAR, will al­low the securities industry to file secu­rities documents and remit filing fees electronically, using popular word processors like Microsoft Word and

WordPerfect coupled with a sophisticated elec­tronic filing system. The system will be intro­duced in the fall of 1996.

Developers of the system claim it will signif­icantly improve the document-filingprocess and reduce costly and time-consuming tasks related to paper-based filing procedures, including mailing and couriering.

SEDAR, (the System for Electronic Docu­ment Analysis and Retrieval) is being devel­oped by the Canadian Securities Administrators (CSA), the Canadian Depository for Securities (CDS) and the filing community. The objectives of the system are to provide cost-efficient elec­tronic filing of new issues and all continuous disclosure, electronic payment of filing fees, elec­tronic communication with filing partners and with the CSA and to build a growing database of information on Canada's publicly-listed com­panies.

SEDAR will replace the current paper-based filing system which requires companies to file new issues or disclosures with a costly and time­consuming paper filing process. For example, for a prospectus to be filed nationally, filers must prepare multiple copies of all the neces­sary documents for each of the 12 jurisdictions in Canada. The packages must then be assembled and forwarded by courier, taking up to 48 hours to reach their destinations.

Using SEDAR, the promised savings in time and costs are considerable. One electronic pack­age is prepared-using either Word or Ward­Perfect-and then electronically delivered in­stantaneously to all12 jurisdictions. Payment of filing fees to the CSA jurisdictions will also be electronic and the CSA has ensured that filers using SEDAR will meet all the necessary legal requirements.

"Basically, the system provides filers with a series of blank forms," explains Bill Carrigan, 'General Manager ofSEDAR. "The forms outline the information required by the commissions in

June 1996

the filing process. Filers will simply fill in the blanks on the form, and then electronically "at­tach" the document or documents."

The computer hardware required will be a 386 or 486 IBM-compatible computer with at least eight megabytes of RAM and 10 megabytes of hard drive storage space. A 28,800 bps modem is recommended for fastest transmission.

SEDAR will be phased in over several months, beginning in September, 1966. On a national basis, continuous disclosure documents will be mandated first, with offering documents to fol­low. Local filings will be mandated as per pro­vincial guidelines.

Electronic filing is the first phase of SEDAR, explains Carrigan, but there is potential for sig­nificant development. "As the securities filing community continues to use the system, SEDAR will grow into a vast electronic database contain­ingvaluable information about Canada's public­ly-listed companies. This system will allow users to gain immediate and intelligent access to cor­porate information in the public domain. Users will be able to conduct very sophisticated search­es for information that has already been filed, for example-searching by date or company or size of prospectus, etc. The system will also provide an important communications link among issu­ers, filers and the commissions."

Other services will also evolve in response to the filing community's requirements. The busi­ness model for a World Wide Web site for SE­DARis under development, which will allow for wide access to information about Canada's pub­licly-held companies. CDS is also in discussions with the stock exchanges and it is anticipated that SEDAR will provide a link for a flow of information about publicly-listed companies to the trading community.

SEDAR will be administered by CDS Inc., a subsidiary company of the Canadian Depository for Securities (CDS), which is the national depos­itory for securities held in Canada.

For further information, contact Jennifer Sher­ry of Harbinger Communications Inc. by phon-ing 416-360-0250. •

Viscount Bennett Fellowship Winner Mathieu Ayotte has won the

CBA's Viscount Bennett Fel­

lowship for graduate legal

studies for the 1996-97 aca-

demic term.

The 26-year-old Bellefeuille,

QC native was selected from

a field of 38 legal scholars

across Canada. Mr. Ayotte

will pursue a Ph.D. degree

from Cambridge University.

His thesis, in Tax Law, is enti­

tled , "The Taxation of Con­

trolled Foreign Entities: A

Comparative and Empirical

Analysis ."

21

Grant funds available Law foundation considers new, time-limited grants The Law Foundation of BC

funds projects in five law­

related areas: legal education;

legal research; law reform;

legal aid services; and law li­

braries.

The next deadl ine for appli­

cations to the Law Founda­

tion is August 26, 1996.

These applications will be

considered at the November

1996 Law Foundation Board

meeting.

If you know of a non-profit

organization in your commu­

nity that is involved in a one­

time project which is related

to the law, we may be able to

help. Please contact the Law

Foundation staff to discuss a

potential funding proposal to

see if it fits within the Law

Foundation's funding guide­

lines before taking the time

22

Grants approved by the Law Foundation of BC At their meeting on March 16, 1996, the Board of Governors approved the following grants total­ling $4,000,300.

Funding was approved for six new legal projects:

Continuing Legal Education Society Electronic index of CLE Publications: $37,000

Federated Anti-Poverty Groups of BC Advocacy Training Manual: $14,900

Fraser Region Community Justice Initia­tives Association

Client Specific Sentencing Program-Re­search and Development: $15,000

MOSAIC Refugees Access to Income Security

Project-Legal Research and Law Reform: $18,995

University of BC, Faculty of Law Graduate Computer Facility and Law Library Collection: $50,000 West Coast Legal Education and Action Fund BC Litigation Fund: $28,000

Renewal funding for the following programs was also approved:

Canadian Bar Association, BC Branch Law Week, 1996: $9,500

University of Saskatchewan Native Law Centre 1996-97: $11,000

Continued over

West Coast LEAF reaches goal for BC litigation fund thanks to Law Foundation

Thanks to a top-up grant of $28,000 from the Law Foundation of BC, West Coast LEAF has now achieved its goal of $100,000 to establish aBC Litigation Fund. The Fund is designed to cover the costs of taking cases to court which will further the equality rights of BC women. The Foundation's generous contribution helps ensure that when litigation opportunities arise, West Coast LEAF will have the money to pursue them.

The Women's Legal Education and Action Fund (LEAF) promotes equality for Canadian women through legal action and public legal education based on the Charter of Rights and Freedoms. LEAF's unique legal strategy in­volves intervening in cases which are expect­ed to set an important precedent in law and which will influence the development of equal­ity rights for Canadian women

Although West Coast LEAF relies solely on the volunteer services of counsel to prepare and argue the cases, money is needed for disbursements and other related expenses.

The success of the campaign would not have been possible without the strong support of the legal community. Since the launch of the BC Litigation Fund campaign in October, 1993, individual lawyers and law firms have donat­ed over 55 per cent of the total amount raised.

Lead donors included Davis & Co. And Alex­ander, Holburn, Beaudin and Lang.

In the first year, the campaign was co­chaired by Grant Burnyeat, Q.C., Davis & Co. and Shamin Lalani. J.J. Camp, Q.C., of Camp Church and Associates and Jane Shackell, of Feller Drysdale, served as co-chairs in the sec­ond year.

The Campaign Committee included many prominent Vancouver lawyers such as Karen Nordlinger, Q.C., Linda Loo, Q.C., Jennifer Conkie, Judy Milliken, Fran Watters, Fran Boyle, Lori Williams, Emily Reid, Q.C., Alex Robertson, Q.C. and Colleen Cattell.

The BC Litigation Fund has already been used to support LEAF's involvement in the important precedent-setting case of R. V . . O'Connor concerning the equality rights of sexual assault complainants. It will also be used to fund an intervention in the upcoming case of R. v. Lewis, regarding access to abortion services. West Coast LEAF will continue to carry out annual fundraising appeals to re­plenish the fund.

For more information on the BC Litigation Fund, phone Bonnie Theemes, West Coast LEAF's Executive Director, at 684-8772. +

BarTalk Voi.S No.3

Public Legal Education Society Operating Grant 1996-97: $300,000

End Legislated Poverty FLA Wline Public Legal Education News­letter and Working Group 1996-97:$20,893

Tenants' Rights Action Coalition . Advocacy Project I Provincial Information Project 1996-97: $233,808

BC Civil Liberties Association Operating Grant 1996-97: $143,633

. West Coast Environmental Law Association

Operating Grant 1996-97:$455,000 ·. Environmental Dispute Resolution Fund: $300,000

Continuing Legal Education Society Professional Legal Training Course: $700,000

Continuing Legal Assistance Society Operating Grant 1996-97: $700,000

BC Public Interest Advocacy Centre Operating Grant 1996-97: $550,000

North Island Advocacy Coalition Society Legal Advocacy Program 1996-97: $80,814

West Coast Legal Education and Action Fund

Operating Grant 1996-97: $94,740 Battered Women's Support Services

Legal Advocacy Program: $50,010 Golden Family Centre

Legal Advocacy Project 1996-97: $54,568 Nelson District Community Resources Society

Legal Advocacy Project 1996-97: $100,924 North Shore Community Services

Legal Outreach and Advocacy Service for Vulnerable Adults 1996-97: $18,954

West Coast Domestic Workers Association

Legal Advocacy Project, 1996: $97,604 Port Alberni Women's Resources Society

Family Court Advocacy Program 1996-97: $19,000

Law Foundation Graduate Fellowships Support for graduate legal work by 5 BC lawyers and graduate law students: $62,500

The Law Foundation provided capital/infrastruc­ture funding of$283,457 to 24 continuing grantees to assist them in purchasing needed equipment or furni­ture in order to improve the efficienClJ of their opera­tions. Please contact the Law Foundation at 688-2337 for further information about the application process. The next deadline for grant applications is August 26, 1996. • June 1996

If you're a civil litigator, don't miss this CLE Civil Litigation conference! July 11 & 12, 1996

Litigators throughout the province will gather at the Vancouver Renaissance Hotel for this major CLE conference where a faculty of out­standing senior counsel and judges will discuss the Art, Law and Economics cif litigation.

Featured speakers include two Supreme Court of Canada Justices: The Honourable Mr. Justice Frank Iacobucci and The Honourable Mr. Justice John Major. Scott Baldwin, Sr., President of the International Academy of Trial Lawyers will address the latest on Product Liability Trials at the delegates' lunch on July 12.

In the morning sessions, proposed BCSC Rules amendments, Court-annexed ADR, trial management, and other changes to litigation will be the subject of the panel "Litigation in the 21st Century". The Honourable Chief Justice William Esson, with senior counsel, will discuss Trial Scheduling. The Honourable Madam Jus­tice Janet Sinclair Prowse, The Honourable Mr. Justice David Tysoe, Master Alan Patterson and J. Edward Gouge will analyse effective Cham­bers Practice. The Honourable Mr. Justice Ray­mond Paris and senior counsel will discuss Ev­idence. Academics and counsel will give an overview and update of Damages and Other Remedies. The Honourable Madam Justice De­borah Satanove and senior counsel will cover Successful Settlement Strategies.

In the afternoon sessions, you will choose between a series of topics on Examination for Discovery or special sessions on Technology, Experts, Ethnic Diversity, Limitations, Assem­bly of Documents, and ICBC.

On July 11, you will meet experts at the Vendor Expo who can assist you in your prac­tice. Their innovative products and services will be on display.

If you haven't already registered, call CLE Customer Service at 893-2162 or 1-800-663-0437. If you practice litigation in British Columbia, you can't afford to miss this conference! •

Volunteers still needed for Commonwealth Conference There's sti ll time to register

as a volunteer for this year's

Canadian Bar Association

Annual Meeting and I I th

Commonwealth Conference.

For a variety of general tasks,

including greeting guests at

the airport and he lping out at

registration desks, contact

Jim Vilvang at 661-9216.

If you're a member of a local

sports organization-such as

a golf or tennis club--and

you'd like to sponsor a four­

some or so at your club,

please call BC Branch Execu­

tive Director Robert Smeth­

urst, Q.C. , at 687-3404.

Volunteers with a li ttle more

extra time are needed to act

as "Liaison Officers" for the

conference. You'll be asked

to greet international and

special guests at the airport,

drive them to their hotels

and, perhaps, act as their

"aide de camp" during their

Vancouver stay, among other

duties. If you're interested,

please call either William

Skelly, Carman Overholt or

Anjili I. Bahadoorsingh. All

can be reached at 683-691 I.

Finally, a highlight of the con­

ference will be the traditional

Monday evening law firm re­

ceptions to be held Monday,

August 26, 1996. if you'd like

to volunteer your law firm as

a host for th is reception, or

other events, call Terry La

Liberte at 669-8808.

23

24

Bar Talk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, BC V6B 5Tl TEL: (604) 687-3404 FAX: (604) 669-9601

• Bar Talk Editor: RY GLOVER COMMUNICATIONS

OFFICER

687-3404 rglover@bccba.org

• Legislation & Law Reform Ofllcer: ANN MCLEAN (Victoria) 598-2860 amclean@bccba.org

• Section Talk Editor: SHELLEY BENTLEY,

L.L.B. CIBC TRUST CORP. 665-1784

• Practice Talk Editor: DAVID BILINSKY, Lakes, Straith & Bilinsky 984-3646

© Copyright the British Columbia Branch of the Canadian Bar Associatlon-1996.

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 BC Branch of the Canadian Bar Associa­tion represents over 7,600 lawyers within British Columbia.

The BC Branch is dedicated to improve and promote access to justice, to review legislation, initiate law reform measures and advance and improve the administration of justice.

On behalf of the profession, the BC Branch works to improve and promote knowledge, skills, ethical standards and well-being of members of the legal profession and promotes the interests of its members.

Law Day was a celebration of the law in Canada and the people who make it work

(Right} The mock trial

of "The Wolf ' for his

attacks against the three

little pigs was one of the

hits of Law Day,

attracting crowds of people to the atrium of

the central branch of

the Vancouver Public

Library.

volunteers (from left} Mary Lou Power,

Mandy Sandhu, Tania Batten and Patti

Attorney General queried by members of the Law Society and the Bar during election forum -, • _. ,+~.....-.~- rr

Attorney General Ujjal Dosanjh was queried by members of t he Law Society

of BC and the CBA as part of a program to determine where each party stood on issues important to t he legal profession prior to the election. Results

of t he survey were later broadcast to CBA members in a special edition of

BarFax.

Law Society Treasurer Karen

Nordlinger acted as Chair during t he

fo rum.

BarTalk Vol.8 No. 3