bartalk | june 2005

28
JuNE 2005 VOLUME 17, NUMBER 3 B.C.'s Civil Justice Experiment The jury's out on "easier; faster; more affordable justice" E ffective September 1, 2005, the landscape of B.C.'s civil justice system is about to change. Outgoing Attorney General Geoff Plant's parting gift to the citizens and lawyers of B.C. is a three-part reform of the court rules that govern civil procedures. While the reforms are being met with mixed response among the bar, there is no question that there is widespread interest in how the new rules will impact civil justice in the province. First and perhaps simplest among the reforms is the fact that the government can now be sued in provincial court. Previously, this required action in the more costly Supreme Court of B.C. From the perspective of citizens and businesses with legitimate claims against the government, this is a positive move -no surprise then, to see words of support in the gov- ernment's news release from the Consumers Association of Canada . Second, the limit for matters to be heard in Small Claims Court is being raised from $10,000 to $25,000. This is also perceived as a positive move for the most part, as matters that previously were unaffordab le to pursue with legal counsel are now within reach. The final reform is more complex, challenging and controversial; Rule 68 will be enacted in four pilot jurisdictions (Vancouver, Victoria, Prince George and Nelson), with the stated goal of stream- lining Supreme Court procedures for claims under $100,000, except for class actions and family law mat- ters. The full details of Rule 68 can be found at www.cba.org/bc www.courts.gov.bc.ca/sc under Supreme Court Acts, Rules and Forms. Among the significant changes are new limits to pre-trial procedures; a ban on jury trials; judge-led trial management conferences with a requirement to produce in advance to all parties comprehensive trial briefs which summarize the issues and your clients' positions on the issues, a list of witnesses to be called at trial, and a summary of the evidence witnesses are expected to give; and judicial discretion to narrow the issues to be tried and impose time limits on direct and cross examination of witnesses, as well as on opening statements and final submissions. For obvious reasons, there is concern about how Rule 68 will play out in the courtrooms of B.C. On the plus side, the cost of litigation under $100,000 may decrease, allowing more potential litigants to pursue remedies with the aid of legal counsel. The new ru les may also provide additional opportunities and incentives for settlement, aiding clients in achieving reasonable remedies within a shorter peri- od of time and at less cost and stress overall. On the negative side, there is grave concern about the possi- ble erosion of the rights of clients in defense of their case. The Canadian Bar Association, B.C. Branch asks your help in monitoring the effects of these signifi- cant changes to B.C.'s civil justice system. Please e-mail your comments to [email protected] or fax to 604-669-9601 or toll-free 1-877-669-9601. BT The Canadian Bar Association British Columbia

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Page 1: BarTalk | June 2005

JuNE 2005 VOLUME 17, NUMBER 3

B.C.'s Civil Justice Experiment The jury's out on "easier; faster; more affordable justice"

Effective September 1, 2005, the landscape of B.C.'s civil justice system is about to change. Outgoing Attorney General Geoff Plant's parting gift to the citizens and lawyers of

B.C. is a three-part reform of the court rules that govern civil procedures. While the reforms are being met with mixed response among the bar, there is no question that there is widespread interest in how the new rules will impact civil justice in the province.

First and perhaps simplest among the reforms is the fact that the government can now be sued in provincial court. Previously, this required action in the more costly Supreme Court of B.C. From the perspective of citizens and businesses with legitimate claims against the government, this is a positive move -no surprise then, to see words of support in the gov­ernment's news release from the Consumers Association of Canada.

Second, the limit for matters to be heard in Small Claims Court is being raised from $10,000 to $25,000. This is also perceived as a positive move for the most part, as matters that previously were unaffordable to pursue with legal counsel are now within reach.

The final reform is more complex, challenging and controversial; Rule 68 will be enacted in four pilot jurisdictions (Vancouver, Victoria, Prince George and Nelson), with the stated goal of stream­lining Supreme Court procedures for claims under $100,000, except for class actions and family law mat­ters. The full details of Rule 68 can be found at

www.cba.org/bc

www.courts.gov.bc.ca/sc under Supreme Court Acts, Rules and Forms.

Among the significant changes are new limits to pre-trial procedures; a ban on jury trials; judge-led trial management conferences with a requirement to produce in advance to all parties comprehensive trial briefs which summarize the issues and your clients' positions on the issues, a list of witnesses to be called at trial, and a summary of the evidence witnesses are expected to give; and judicial discretion to narrow the issues to be tried and impose time limits on direct and cross examination of witnesses, as well as on opening statements and final submissions.

For obvious reasons, there is concern about how Rule 68 will play out in the courtrooms of B.C. On the plus side, the cost of litigation under $100,000 may decrease, allowing more potential litigants to pursue remedies with the aid of legal counsel. The new rules may also provide additional opportunities and incentives for settlement, aiding clients in achieving reasonable remedies within a shorter peri­od of time and at less cost and stress overall. On the negative side, there is grave concern about the possi­ble erosion of the rights of clients in defense of their case.

The Canadian Bar Association, B.C. Branch asks your help in monitoring the effects of these signifi­cant changes to B.C.'s civil justice system. Please e-mail your comments to [email protected] or fax to 604-669-9601 or toll-free 1-877-669-9601. BT

The Canadian

Bar Association British Columbia

Page 2: BarTalk | June 2005

UP FRONT

4 From the President

5 Executive Director

6 National News

7 Member Services

8 Section Talk by Shelley Bentley

10 Practicelink Courtesy of www.cba.org

12 Nothing Official by Tony Wilson

13 On the Web by Patricia Jordan

LEGISLATIVE UPDATE

14 Acts In Force Legislative Update is available only to CBA members at www.cba.org/bc.

FEATURED THIS ISSUE

Law Week is our celebration of the anniversary of the Charter of Rights and Freedoms. It is also the one time during the year when the law rightly shifts into the spotlight. With a welcoming, knowledgeable presence we invited the public into our local court­houses to watch mock trials, consult with lawyers at information booths, take free legal classes and learn about rights due to all Canadians.

16 Law Week Open Houses

18 Dial-A-Lawyer

19 Law Week Student Programs

GUEST CONTRIBUTORS

20 Reflections on an Eventful Term by the Han. Chief fudge Carol Baird Etlan

21 Real Lawyers Have BlogsTM These online, publicly accessible, personal journals are the new publishing platform by Christine Mingie

22 Aesop's Fables of Articling IN THE BACK by Susan MacFarlane

24 Bar Moves

26 Events

27 Partners Canadian Bar Insurance Association Continuing Legal Education Society of B .C.

28 Classified Ads

2 BARTALK June 2005

25 Voice From Dadaab A Port McNeill lawyer provides an inside look at a United Nations office by Michael Seaborn

Have you moved? Let us know! If you have changed firms, addresses, e-mail

addresses or phone/fax numbers, you need to let

us know. E-mail us at [email protected], phone 604-

687-3404, or fax 604-669-9601 or contact us toll­

free (phone 1-888-687-3404, fax 1-877-669-9601).

Page 3: BarTalk | June 2005

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street

Vancouver, B.C. V6B 5T3 Tel: 604-687-3404

Toll-free lin B.C.): 1-888-687-3404

BarTalk is published six times per year

by the Canadian Bar Association, British

Columbia Branch.

BarTalk Senior Editor

Caroline Nevin

604-687-3404, ext. 320

[email protected]

Barlalk Editor

Sandra Webb

604-646-7856

[email protected]

Editorial Board Chair

David Dundee

[email protected]

Editorial Board Members

Kenneth Armstrong

Johanne Blenkin

Anna Feglerska

Sarah Klinger

Susan MacFarlane

Christine Mingie

Gurminder Sandhu

Veronica Singer

Dierk Ullrich

©Copyright the British Columbia Branch

of the Canadian Bar Association 2005.

This publication is intended for informa­

t ion purposes only and the information

herein should not be applied to specific

fact circumstances without the advice of

legal counsel.

The Canadian Bar Association, British

Columbia Branch represents more than

5,600 members within British Columbia

and is dedicated to improving and pro­

moting access to justice, reviewing legis­

lation , initiating law reform measures

and advancing and improving the admin­

istration of justice.

BarTalk Publication Sales Agreement

#40741008

The canadian

Bar Association British Columbia

CAROLINE NEVIN LETTERS TO THE EDITOR

WORK-LIFE BALANCE (VOL. 16, NO. 6) I was pleased to see BarTalk address work­life balance in four arti­cles in the December lSSUe.

I do have one criti-

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: [email protected]

cism of the approach taken: harmonizing one's obligations to work, community, family and self were presented as problems capable of solu­tion through the actions of individuals.

Yet this is not a problem that can be solved satisfactorily by lawyers as individuals except in the twilight of their careers. I have found that younger lawyers are afraid to take steps to harmonize their lives and work for fear of negative impact on their career success and advance­ment in their firms .

Law firm management has to take the lead in facilitating quality of life for lawyers. There have to be changes in law firm culture and work practices, not to mention flexible scheduling, that facilitate work-life balance for individuals.

Suffice it to say that resolution of this issue is intertwined with recruitment and retention and client development in an era when clients expect the law firm to mirror the values and diversity of their commu­nity.

Law firms that encourage diversity, flexibility, and quality of life within the firm will appear more attractive to their potential clientele and to law school recruits.

Issues of work-life balance will be addressed by a panel discussion on Managing for Diversity during the business meeting of the National Law Practice Management Section in August at the CBA Annual Legal Conference in Vancouver.

-Cheryl Stephens

Win Tickets to .. The Foursome" Enter to win two tickets to the Arts Club Theatre Company's performance of "The Foursome" at the Stanley Industrial Alliance Stage

(formerly the Stanley Theatre] in Vancouver bye-mailing your name to [email protected] with the subject "Bar Talk Contest." The contest will

close on July 8 and we will hold a draw shortly thereafter and contact the winner by phone. You must be a CBA member to be eligible to win. (Please allow up to 10 business days for processing membership fees.)

Congratulations to Orysia Semotiuk of McCarthy Tetrault in Vancouver who won two tickets to "Miss Saigon."

June 2005 BARTALK 3

Page 4: BarTalk | June 2005

FROM THE PRESIDENT MICHAEL C. WOODWARD

B.C. Women Lawyers Pioneer Again

R aised from an early age by a working single mother, I saw first-hand the real challenges facing

June, where it created a time lim­ited special committee, which was to pursue creation of a Women Lawyers Conference (later called a Forum) at both the national and provincial levels.

That m1sswn was easily

at least one woman struggling to achieve credibi lity in a career while simultaneously running and paying for a household of three children. It took enormous effort, and for a period of about 10 years, she was exhausted every second of each day.

Michael C. Woodward

President 2004/2005

achieved by these pioneering women lawyers, and after becom­ing a branch conference, chaired successively by Margaret, Kerry­Lynne Findlay, Q .C. and now, Jennifer Conkie, the Forum moved to the national stage.

B.C. Branch So the issue has always stayed on my radar, and I have always remained something of a student

Canadian Bar Association

of it.

Notwithstanding the educational advantages they enjoy relative to women at large, and some pos­itive cultural traits that have ensued, such as the vir­tual absence of divorcee stigma (gotta love that Pierre Trudeau), I believe those challenges are still extant for B.C. women lawyers, whether paired up or sin­gle.

I believe this is an important issue for this Branch. It goes to the nucleus of"members for mem­bers." I have said this for many years, and I am feel­ing very celebratory, and very proud of the formal creation in Charlottetown of the Women's Lawyers Forum as a national conference of the CBA.

In my first year on the executive, I was pleased to have had the opportunity to work with Margaret Ostrowski, Q.C. (then Branch past president, and new Bencher) in thinking about and formalizing the structural options open under branch and national bylaws, and the "how to's" for those options. Margaret was the first Chair of what was then an informal ad hoc group of senior women lawyers styled the "Women's Advisory Council." In 2002 the executive discussed it in April, chose its recommend­ed option, and presented it to Provincial Council in

4 BARTALK June 2005

At the February mid-winter meeting of National Council, the Women Lawyers Forum was formally created as a National Conference. The adopted reasons included this for­mally stated premise:

"WHEREAS the B.C. Branch's Women Lawyers Forum has had widespread acceptance as a member service in its first year of operation, successfully launching a mentoring project to engage women lawyers from urban and rural centres, an education program focusing on resiliency and leadership topics, and enhanced communication with and among B.C. women lawyers .. . "

I really couldn't be more delighted. These are good times for member relevancy. Stay informed about the CBA's doings. You'll be as impressed as I am by these pioneering B.C. women lawyers, who have made a good thing happen. Fast. With flawless execution. Our present and future members are in your debt. BT

Page 5: BarTalk | June 2005

FRANK KRAEMER EXECUTIVE DIRECTOR

The Lost Has Been Found A joyful moment for the Cariboo Bar Association

E veryone likes a story, particularly when it has a happy ending. This story began, it seems, sometime

Frank Kraemer

before I became Executive Director of CBABC. In February 2002, I attended the Cariboo Bar Meeting m Dawson Creek. During that meeting, as part of the social activities, a cribbage tourna­ment was held. At the conclusion of the tournament there was much lamenting of the fact that the beloved McNeill Cup had mysteri­ously disappeared.

Executive Director

B.C . Branch

Bar. I surmised that what had hap­pened is that the past-president had brought the Cup to Vancouver to have the plate engraved with the names of win­ners of whatever tournament that President had participated in , and somehow the Cup had disap­peared into a back cupboard. This story does have a happy ending: I had the great pleasure at the Annual Meeting of the Cariboo Bar held at Hills 108 Health Ranch, May 13-15 of this year, to return the Cup to its rightful

Canadian Bar Association

As a side note, I have subse-quently learned that the Cup has been part of the tra­ditions of the Cariboo Bar Association for more than 50 years. It has recorded various triumphs through the years; most famously the results of the golf tour­nament held at annual bar meetings. Former Treasurer of the Law Society of B.C., Robert Dick, Q.C., has for many years taken an active interest in the McNeill Cup. He donated the base for it and has studiously recorded the winners of the various com­petitions.

Sometime later at a Local and County Bar Presidents' Meeting, at the request of Peter Warner, Q.C. who was then the President of the Cariboo Bar Association, I agreed to publish a request for the return of the Cup, "no questions asked." The Cup remained unreturned.

Now the plot thickens! Recently, one of my staff was rearranging a storage area in the back recesses of the CBABC offices and came across what appeared to be a Cup. When the Cup was brought to me I immediately recognized it as the McNeill Cup (much to my dismay!). Attached to the Cup was a yellow sticky with the name of one of CBABC's past-presi­dents as well as the name of a member of the Cariboo

owner. As you can see from the picture, great pleasure was expressed by the members of the Cariboo Bar when I presented it to Cariboo Bar President Heidi Zetzsche with Robert Dick, Q.C. looking on. While I regret that the Cariboo Bar was deprived of its beloved McNeill Cup for a num­ber of years, I must say it was a great pleasure to be able to return it to them, after so many years away from its true home. BT

CBA Executive Director Frank Kraemer presents the McNeill Cup to Cariboo Bar President Heidi Zetzsche with Robert Dick, Q.C. looking on.

June 2005 BARTALK 5

Page 6: BarTalk | June 2005

NATIONAL NEWS

CBA Calls for Better Balance and Tighter Oversight Striking the right balance between security and individual rights, expanding the scope of the review, and cre­ating oversight mechanisms to ensure accountability are the three key messages to the federal government in the CBA's evaluation of Canada's three-year-old Anti-terrorism Act. "In our view, the government has not yet come up with the right equation and that means invasions of our privacy and fundamental rights are creeping into Canadian law," says CBA President Susan McGrath.

The submission recommends further changes to the Act: • The current definition of terrorism is too wide and too vague, and should be consistent in all laws relat­

ing to terrorism; • Once Canada shares information with another country, it does not have control over it. Safeguards must

be put in place to ensure that Canadian citizens are not put at risk; and • A security certificate issued against a foreign national under the Immigration and Refugee Protection Act

cannot be appealed. The CBA recommends an appeal of a Federal Court decision, with leave of the Federal Court of Appeal. Where the government demands secrecy for security reasons, the court should name an advocate to represent the interests of the person concerned.

Law Day with Prime Minister Paul Martin On April 14, CBA President Susan McGrath shared

the stage with Prime Min ister Paul Martin, Justice

Minister Irwin Cotler, and 25 high

schoo l students fo r a Q&A session on

Law Day in Ottawa. The interactive

program with the PM capped

a morning of Law Day events

including a mock trial and

career panel, and involving

some 950 high school students.

As part of the celebrations recog­

nizing the 20th anniversary of sec­

tion 15 of the Canadian Charter of Rights

and Freedoms, the CBA President explained

the importance of equality rights and the ir evolu­

tion in the past two decades: "The Charter is not

just a document in a glass case. It is a moving

force in our lives. It matters to us today but it will

become even more important to you in the years to

come as you shoulder the rig hts and responsibili­

ties of citizenship."

Questions from the students covered a wide range

of topics from equality rights to racial profiling to

the Gomery Commission .

6 BARTALK June 2005

CBA Supports Changes to Family Reunification The CBA Immigration Law Section has welcomed the changes announced by Immigration Minister Joe Volpe in April to improve the family unification process for immigrants living in Canada.

"Family unification is a cornerstone of Canada's immigration policy and is enshrined as an objective of immigration legislation," says Wendy Danson, of Edmonton, Chair of the CBA Immigration Law Section. "We support and welcome the positive steps being taken by the government to speed up the process for bringing parents, children and siblings of those already living and working here."

The CBA has called for improvements to the family reunification process for many years, most recently on April 15 in Banff at the national Continuing Legal Education program on immigra­tion, where the Minister and his officials were pres­ent.

Page 7: BarTalk | June 2005

Making Booking Hotels Easy MeetingMax online bookings help you save time & money

The CBABC has launched its latest membership service that allows CBABC members to conveniently, quickly and cheaply access hotels online. This web-based hotel-booking service gives members the oppor­tunity for great hotel savings.

MeetingMax Inc., our service supplier, is familiar with venues and hotels all over North America and is constantly expanding its services. It is continually updating the CBABC's list of contacts and inspecting locations to be sure we are current, so you have the most up to date information. The CBABC is proud of this new service to its member and hopes MeetingMax will provide great value for years to come. Check it out at www.cba.org/bc- hotels are being added all the time!

New Member Service Adventures Abroad now offers CBABC members up to $350 off their inclusive cultural programs.

Adventures Aboard is a leading operator of small group and inde­pendent exploratory holidays. For more information, visit www.cba.org/bc; click "Member Savings" and "Travel."

GolfBC Don't miss these exclusive member benefits with GolfBC. Apply for your free GolfBC Rewards Card and receive 500 complimentary GolfBC Reward Points (redeemable for rounds of golf at nine different courses) and a free subscription to GolfBC eNews! Earn one point for each dollar you spend (pre-tax total) at any GolfBC property. Take advantage of this offer (expires June 30, 2005) and begin redeeming immediately. No membership dues or renewal fees. For details on the rewards program, please visit www.golfbc.com.

Check out www.cba.org/bc (see "Member

Savings" under "Membership") for current

and upcoming promotions. We are continu­

ally updating the website to pass along

great savings to all of our B.C. members.

Whistler Blackcomb

MEMBER SERVICES

CBABC still has adult lift tick­

ets for the great price of $38

[plus tax). Use for cycling on

the downhill bike park or

skiing! See www.cba.org/bc for

details and an order form.

Attention Sports Fans CBABC members receive

preferential pricing on tickets

for Vancouver"s favorite sports

teams, including the B.C.

Lions, the Vancouver

Canadians and the Vancouver

Whitecaps.

Chapters The CBA Chapters discount

ends on June 30, 2005. We

encourage members to take

advantage of the 10 per cent

discount while it"s still avail­

able. Please note that online

ordering at a 20 per cent dis­

count with Ind igo will continue.

Arts and Entertainment We offer up to 20 per cent off

regular prices for some of Vancouver"s most

popular attractions. Visit

www.cba.org/bc for ticket

information .

June 2005 BARTALK 7

Page 8: BarTalk | June 2005

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

SECTION TALK SHELLEY BENTLEY

The CBABC sponsors 73 Sections which play a vital role in keeping members informed both on changes in the law, and legal and

po l it ical issues affecting a given area of practice . They are the main resource util ized 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.

CRIMINAL JUSTICE-OKANAGAN Guest speaker Ed Pedersen exam­ined the report on wrongful con­victions by the Committee of fed­eral, provincial and territorial heads of prosecution. The Committee classified the major problem areas that have resulted in wrongful convictions. These included:

Sometimes experts feel that they need to be biased and to consider who is paying them. Be satisfied that the evidence is being used for its proper purpose.

• eyewitness problems; • defence counsel Incompe­

tence;

Shelley Bentley practises wi lls

and estates law at Kerr

Redekop Leinburd & Boswell in

False Confessions: Standards for interviewing should be imple­mented to enhance reliability. All interviews should be audio/video recorded. Police should be trained for tak ing confessions and be edu­cated about why people confess.

• malicious prosecution (includ­ing lack of disclosure);

Vancouver.

• problems with expert testimony; and • false confessions.

The Committee made the following recommen­dations to assist in prevention:

Eyewitnesses: Have an independent lineup and make sure there is no knowledge of the case or of witnesses by the parties involved. The Crown should make sure that the witnesses are never interviewed collectively, never coached and never told whether the identification was right or wrong. The Crown should be wary of prosecuting with a single witness. A third party witness should be present for witness interviews.

Informants: In custody informers should be rigor­ously prosecuted if they are lying. All justice profes­sionals should be educated on policies, procedures and dangers surrounding reliance on in custody informers. The Crown should avoid using them unless absolutely necessary. Any agreement with in custody informers must be in writing.

Expert Testimony: Care should be taken to ensure that the expert is qualified to give the opinion.

8 BARTALK June 2005

Education: Educate police, crown, defence, forensic scientists and hold a national forum on wrongfully convicted persons.

ELDER LAW Gerontologist and health care consultant Gillian Telford spoke on situations involving end-of-life decision-making. She outlined the practicalities involved in handling DNR or "do not resuscitate" orders in institutional settings and introduced mem­bers to the level system used by hospitals to classify instructions regarding care of patients in DNR situa­tions:

Level 1: comfort measures only, no medication (including antibiotics), no medical interferences;

Level 2: comfort measures and oral medication only, like antibiotics;

Level 3: invasive procedures such as naso-gastric tube feeds, intravenous antibiotics; and

Level 4: all of the above plus cardio-pulmonary resuscitation, being kept alive with a respirator.

FAMILY-VANCOUVER Greg Blue from the B.C. Law Institute and Professor Keith Farquhar from the UBC Faculty of Law gave a presentation on the B.C. Law Institute's proposal to reform succession rights and the post-mortem clivi-

Page 9: BarTalk | June 2005

sion of family assets. Mr. Blue presented the Committee's recommendations for the Section's review and comment.

Under the Family Relations Act (FRA) a spouse automatically gains a one-half interest in all assets that qualify as family assets once a triggering event occurs. If a spouse dies after a triggering event the survivor is no longer entitled to claim relief under the FRA. The same is true if a triggering event has not occurred. Any claim a survivor might make with respect to family assets will be left to succession law.

If the deceased dies without a will, the survivor's claim is limited by the formula provided under the Estate Administration Act (EAA). If the deceased dies with a will, the survivor is limited to seeking relief under the Wills Variation Act (WVA) and must com­pete with other family members and possibly a post­marital common law partner.

The Committee proposes resolving these issues by giving a surviving spouse the right to elect to treat the death of the other spouse as a triggering event for the purposes of section 56 of the FRA. Under the proposal a survivor could elect to claim a division of family assets under Part 5 of the FRA whether or not a triggering event had occurred. A survivor who elects to claim under the FRA would be required to forfeit any right to claim under the WV A or EAA. If the survivor elects to claim under the FRA, the deceased's executor would have the right to claim reapportionment of the family assets. A survivor who claims under the FRA would not be able to serve as executor. The right of election would be exercisable only within six months of the death. The Committee's view is that the election procedure would simplify the complicated issues that can arise in these circumstances and reduce the likelihood of post-mortem estate litigation. This would represent a policy shift in the direction of giving priority to sur­VIvmg spouses.

Professor Farquhar criticized the proposed scheme, calling it "conceptually confused" because it attempts to transfer a succession issue involving mul­tiple competing claims by various family members into the FRA scheme for family assets which involves a single contest between two living spouses. It denies the legitimate claims of children by giving priority to spouses in all cases. In his view, the WVA deals with competing claims as well as can be expected. He also

doubts that the proposal, if implemented, would have the effect of reducing litigation. He foresees the same issues that currently arise under the FRA crop­ping up, for example, contests about what is a family asset, whether an asset is exempt from division, and whether reapportionment should occur. BT

Section Enrolment 2005/2006 Watch for your Section enrolment renewal package in your e-mail inbox in July! Next year more meet­ings will be held by teleconference, making it easier for you to attend. Enrolment is dependent upon you being a CBA member.

Sections keep you up to date on practice trends and new developments in the law. Meetings provide a venue for members to network with colleagues to discuss issues affecting specific areas of practice. Enrolment gives you access to the CBABC website to view or download current or archive materials. Section enrolment forms for 2005/2006 will also be available online at www.cba.org/bc.

IDP Expands to Caribbean The CBA's International Development Program is

expanding to five Commonwealth Caribbean countries. Working with the Inter-American Development Bank, lOP will carry out an

assessment of legal aid needs and capacities. Until the end of August, the CBA will work with the

Organization of Commonwealth Caribbean Bar Assoc iat ions to prepare legal aid reports in the Bahamas, Barbados, Belize, Guyana and Trin idad

and Tobago. The project involves consultations with governments, courts, local bar associations, law societies and civil society groups. The results of

th is research will become part of a larger initiative to improve access to justice in the English-speak­ing Caribbean. Details: www.cba.org/CBA/IDP

June 2005 BARTALK 9

Page 10: BarTalk | June 2005

PRACTICELINK

Stay Connected from Remote Vacation Spots

"If I go on holiday to a North

American city, it's easy to phone or

e-mail the office. But how can I stay connected from a cruise ship or

remote vacation spot?"

your laptop in the privacy of your rustic suite. At other hot spots, you pay a small fee and may be issued a password. Available by the end of June 2005, a 24-hour Wi-Fi session at 85 California State Parks and Campgrounds will cost $7.95.

I t's important to leave work behind and take a complete break once in a while. But sometimes a client matter or

file demands that you keep in touch. Thankfully, today's tech­nology makes it easier than ever to stay connected to the office.

This article, by Janice Mucalov, LL. B., is brought to you by CBA"s PracticeLink.

Major cruise lines usually have designated Wi-Fi hot spot areas as well as Internet cafes on board their ships. All of Princess Cruises' 14 cruise ships are Wi-Fi accessible with computer terminals on board; it costs $10.50 US for 30 minutes of time. Carnival Cruise

Ms. Mucalov is an award-

winning veteran travel writer as well as a legal writer.

USE WI-FI

You're most likely to want to be able to easily send and receive e-mails. Wi-Fi (short for wireless fideli­ty) allows you to access the Internet, without the need for wires, from "hot spots" around the world. Using a Wi-Fi enabled laptop or other computer (including a handheld PDA - "Personal Digital Assistant"), you can wirelessly send and receive e-mail within a typi­cal radius of 1,500 feet from a hot spot antenna- at speeds 50 to 100 times faster than a dial-up connec­tion. Thousands of airports, hotels, coffee shops, wilderness lodges - and even parks, RV sites and cruise ships- all offer Wi-Fi hot spots. By year's end, 118,000 such hot spots are expected. To find them, check websites like www.wifinder.com and www. wi-fi.net.

Most newer laptops are wireless ready; if you have an older laptop, you can buy a wireless adapter (about $35 to $85). If you don't want to lug a laptop with you, hotels and cruise ships typically have desk­top computers available.

Many places offer free Wi-Fi to their registered guests. Quebec's Fairmont Le Chateau Montebello, surrounded by 65,000 acres of forest, features free wireless connectivity in all rooms so you can work on

10 BARTALK June 2005

Lines' new Carnival Valor goes even further- it's the first cruise ship to offer "100% bow to stern" wireless Internet access from every pool deck, bar, lounge and cabin. Laptops are also available for rent in case you haven't brought your own.

(If your ship doesn't have an Internet facility, then head for the nearest library on shore. They usu­ally have free computers for the public. Or, ask the crew for an Internet cafe close to where the ship docks.)

Also consider setting up a free e-mail account like Hotmail (www.hotmail.com) or Gmail (www.gmail.com) that can easily be accessed from anywhere around the world, whether wired or wire­less. You can also have your e-mail forwarded from your regular office e-mail account to your Hotmail or Gmail account - remember to copy your office e­mail address with any responses you send to clients or other lawyers.

SIGN UP FOR A "DOCUMENTS ON DEMAND" SERVICE

What if you need the ability to do everything on vacation that you can do at your office computer?

Page 11: BarTalk | June 2005

Handy technological solutions include software such as GoToMyPC by Citrix. You download the software

to your office computer before you leave, and leave your computer running and connected to the Internet. Then from the little Internet cafe you've

discovered while elephant trekking in Chiang Rai, Thailand, you log on to www.gotomypc.com (pro­viding your sign-in name and password) and your Thai computer monitor literally displays what you see on your office computer screen.

Basically, you can connect directly to your office computer and access and work away on your word processing, billing and other programs in the same way as if you were at your office desk. The software includes a remote printing feature so you can print the construction agreement you're reviewing from your office computer at the Thai Internet cafe as well. The latest 4.1 upgrade even gives you good access with a PDA. The "Personal" version costs $19.95 a month for one computer and you can regis­ter for just the month you're going to be away.

Alternatively, for $2.99 a month, get one Gigabyte of storage (enough for thousands of docu­ments) through Box.net (www.box.net). Save the

draft legal opinion you want to revise on holiday to Box.net and you can access it from any remote com­puter around the world.

Another service, NetDocuments (www.netdocu­ments .com) allows you access to your entire firm 's repository (archived and work-in-progress docu­ments) via the Internet for an annual subscription fee

of $300 per user, per year.

ON THE HORIZON With current "voice over Internet protocol" (VOIP) technology, you take your VOIP phone and box with

Lawyer Referral Service Increases Consultation Fee Effective January 1, 2005 lawyers registered with the Lawyer Referral Service [LRS) will charge $25 [plus tax) for the initial half-hour consultation .

For more information call Lorna O"Grady at 604-

646-7858 or toll-free 1-888-687-3404, ext 309.

you and plug it into any Internet connection to make free or cheap long-distance calls . As well, new Wi-Fi

ready phones are coming out thi s year, so you can wirelessly connect at any W i-Fi hot spot. BT

* All prices in US dollars.

Practicelink Practicelink is the CBA National's award-winning online collection of practical articles, tools, and tips to help cope with the day-to-day issues of running

a law practice. Visit www.cba.org to access these new Practicelink art icles:

• Five Ways to Get More Business from Existing Clients

• How to Attract [and Keep) the Best and Brightest Legal Talent

• Work/Life Balance? Let"s Get Flexible First

10 Deal Breakers for Clients These bad habits can be the beginning of the end of the lawyer-client relationship :

• Hang up on your client.

• Consistently get your accounts wrong .

• Never answer your phone - have the answering machine pick it up .

• Take your time getting back to clients.

• Constantly tell clients how swamped you are.

• Be clueless about your client's business.

• Double-lawyer as much as possible.

• Disclose information from another retainer.

• Don"t keep your client in the loop.

• Don·t bother to contact your clients until you send them your bill.

For more information, please read CBA

Practicelink's full article : What Do Your Clients Really Think of You?

June 2005 BARTALK 11

Page 12: BarTalk | June 2005

NOTHING OFFICIAL TONY WILSON

The Conference at the End of the Universe

I just returned from the same conference I've gone to every year for the past 16 years. Filled with clients and other

Torontonians, it will be inconven­ient for everyone else to the same extent." Because it is convenient for the Torontonians to be close to

lawyers, it's the usual flag-planting exercise we must all do from time to time (lest our firm flags be planted elsewhere). On the first night, I was hobnobbing with other lawyers in the company of too much alcohol and not enough sleep. The next morning I had to chair a round table discussion with my good friends "aspirin,"

"headache" and "coffee." It's well-organized by hard­

working and dedicated people, but it's always (and I mean always)

Tony Wilson is a Franchise and

Trademark lawyer practisi ng at

Boughton in Vancouver. He does

not expect to win this year's coveted "I Love Toronto" Award.

E-mail: twilson@boug hton.ca

Toronto, we non-Toronto types are plunked in the middle of a Mississauga moonscape, sur­rounded by immense robotic look­ing hydro lines, strip malls from hell, and drab soulless buildings designed by expatriate Soviet planners (who, after discovering the awe and beauty of brick, decided to build everything possi­ble with it). Add to that a confer­ence hotel so close to the airport, wide-body jets fly 300 feet above

held in Toronto; a city known for the belief among its citizens that it is the Centre of the Universe. Recently, the conference was moved to a Gulag at the very edge of that universe, where the airport meets the 905 area code, and where Mississauga, Toronto and Etobicoke meet to swap shades of the color grey. A conference near the airport is meant to be convenient to Torontonians, who can drive there without having to go to the trouble of flying there like the rest of us . It's said being next to the airport is also convenient for the out-of-towners, because we can all leave in a hurry. In other cities, staying around for an extra day to take in the sights is a selling point. In Toronto, making a quick getaway is the draw. Those who deny this haven't seen the exodus from the City every summer weekend to "Cottage Country," proving to me at least that Toronto isn't so much a city to stay in as one to escape from. You work, you leave. After all,

that's why they invented Muskoka. Having lived for a time out there, I feel qualified

to espouse my theory about conferences. It goes something like this: "if a conference is convenient for

12 BARTALK Ju ne 2005

the roof every four minutes until 1:00 a.m. I am a firm believer in attending conferences in

the dead of winter, when it's so wet and dreary on the coast, rain floods my shoes and moss grows on the north side of my car. Vegas, San Diego, San Francisco and Phoenix are all destinations known to be warm when the rest of Canada is shivering. New York City in January is cold, but because it has the best museums, restaurants and nightlife in the world, I'll put up with its weather. (Could it be worse than Toronto's?) Having never been to Quebec City, I'd go there in a flash, regardless of the temperature, just to absorb the atmosphere. And for those who shud­der at the thought of a conference in St. John's, Newfoundland, I'm told it has great bars, a colorful history, a thriving local culture and icebergs, which makes it so much more interesting than Mississauga,

which just has the icebergs. My colleagues who live around Toronto tell me

it's a great place to live, but they wouldn't want to visit there, lending support to my new theory that if you always pick Toronto for your convention, the out-of­towners may start having it in Vegas without you. BT

Page 13: BarTalk | June 2005

Member Services Bringing you better online access to services

PATR ICIA JOR DAN ON THE WEB

program with exclusive benefits for CBA members. For more information call 1-800-465-7378. A

s a value of membership, CBABC members have free access to the Lawyers' Directory por­

tion of the online directory at www.bccbadirectory.org. Members can search for B.C. lawyers by name, firm, city, preferred area of practice and second language list­ings for free. For a nominal sub­scription fee of $20, members can also access the Legal Resource Directory; a listing of government, judges, courts, professional servic­es, CBA, and law-related groups.

Patricia Jordan is the CBABC

Manager, Interactive Med ia.

She welcomes your comments,

questions and suggestions. Tel: 604-646-7861

HR-DEPT.COM is a low-cost Internet-based human resources administration system. It includes employee record keeping, train­ing, records management, vaca­tion administration and schedul­ing, online employee di rectory, online policy manual, forms library and much more.

ACCOMMODATION : B.C. HOTELS ONLINE Now CBABC members can access and compare g reat negotiated PREFERRED SUPPLIER

NETWORK

E-mail: [email protected]

The CBA's Preferred Supplier Network is an exclu­sive group of national companies that provide prod­ucts and services to enhance members' professional and personal bottom lines. Preferred Suppliers also support the CBA through sponsorship and advertis­ing which contribute to our ability to serve you bet­ter. The CBA's Member Service Program features companies that offer additional services and dis­counts to CBABC members. Recent additions to the network include:

AVW-TELAV offers audio visual and presenta­tion technology services and solutions to help you create successful meetings, corporate events, trade shows and exhibits. In addition, A VW-TELAV pro­vides system design and integration for permanent audio visual applications.

Canadian Process Serving Inc. (CPS) offers the largest collection of process servers in the world. For the past 21 years they have provided reliable process servers in Canada. Their process servers can serve your legal documents for you, take care of issuing and filing services, and offer many more legal servic­es that you may need. CPS has developed a rewards

hotel rates all over B.C. in one easy stop. With the Branch's newest member service, MeetingMax, you can view comprehensive lists of all room rates, amenities and photos, of every hotel at which the CBABC receives exclusive savings!

SPECIAL DISCOUNTS Playland at the PNE offers a variety of fun-filled activities for the entire family including thrilling rides, midway games, a climbing wall, mini golf course, glass maze, the Asylum of Terror and much more. CBA members receive a 20 per cent discount on adult tickets; call Josey Schaefer at 604-646-7855 to order your tickets today.

TERMINAL CITY CLUB'S EXCLUSIVE OFFER TO CBA MEMBERS CBA members receive a 25 per cent discount when they join this prestigious Vancouver social club. For details, contact Hal Ruppe at 604-681 -2141.

Learn about the many products and services offered by these and other CBA Preferred Suppliers at www.cba.org/bc in "Membership" under "Member Savings." BT

June 2005 BARTALK 13

Page 14: BarTalk | June 2005

LEGISLATIVE UPDATE STUART RENNIE

Every effort is made to ensure the accu racy of the information provided to you in this article but the information shou ld

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 chap ­

ter 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 make it easier for you to note up the Bills you may have in your library.

CURRENT FROM MARCH 1 TO

MAY 24, 2005

Leg islative Update is provided as

part of the CBABC legislation and

law reform program. It is a service

fu nded by CBA membersh ip fees,

and is therefore provided as a ben­

efit of CBA membersh ip. The full

vers ion of Legislative Update is

publ ished online, ava ilable to CBA

members exclusive ly at

www.cba.org/bc.

ACTS IN FORCE

ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 (BILL 56)

Sections 115, 116, the part of sec­tion 117 that enacts sections 24.1 and 24.2 of the Mental Health

Act, sections 118 and 119 are in force April4, 2005.

ATTORNEY GENERAL STATUTES AMENDMENT ACT, S.B.C. 2004, C. 57 (BILL 62)

Section 20 is in force April 4, 2005.

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B.C. 2004, C. 2 (B ILL 2)

The definition of "telemarketer"

14 BARTALK June 2005

Stuart Rennie

B.C. Branch Legislation & Law

Reform Officer

Tel: 604-949-1490

E-mail: srennie@bccba .org

in section 142 and section 143(d) is in force October 1, 2005.

CORRECTION ACT, S.B.C. 2004, C. 46 (BILL 44)

Sections 36, 40 and 43(a) and (b) are in force April 18, 2005.

EXPROPRIATION AMENDMENT ACT, S.B.C. 2004, C. 61 (BILL 67)

The Act, other than sections 22, 30, 31, 35, 38 and 40 to 42, is in force March 18, 2005.

HEALTH PROFESSIONS AM ENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62)

Section 21, except as it enacts sec-

tion 32.3 of the Health Professions

Act, is in force July 1, 2005.

JUSTICE MODERNIZATION STATUTES AMENDMENT ACT, 2004,S.B.C.2004, C.65 (BILL 64)

Section 5 is in force March 30, 2005. Sections 2, 3, 7 and 9 are in force September 1, 2005.

MISCELLANEOUS STATUTES AMENDMENT ACT, 2005, S.B.C. 2005, C. 2 (BILL 3)

Section 11 is in force April18, 2005.

MOTOR VEHICLE AMENDMENT ACT, 2004, S.B.C. 2004, C. 68 (BILL 66)

Section 7 is in force May 1, 2005. Sections 1, 3 to 6 and 12 to 16 are in force April1, 2005. Sections 2, 9, 17, 20, 21(c) and 23 are in force June 15, 2005. Section 10 as it enacts section 95(1)(d) of the Motor Vehicle Act and section 21 (a) as it enacts section 234(2)(b) of the Motor Vehicle Act are in force April 1, 2005.

continued on next page

Page 15: BarTalk | June 2005

Trust Administration Fee Task Force The CBABC Executive Committee, in response to

concerns raised by members , has struck a new Task Force to address concerns raised about the implementation of the Law Society's Trust Administration Fee [TAF]. Task Force members include Stella Frame, ian Aikenhead , Ted Strocel

and senior staff at the B.C. Branch.

The Task Force put out a call for information and feedback from members, and the response has been immediate and voluminous. The Task Force

extends its thanks to all members and law firm administrators who have taken the time to share their thoughts.

As a next step, the Task Force has extended a meeting invitation to Ralston Alexander Q.C., Law

Society of B.C. President and former Chair of the Conveyancing Practices Task Force that recommended the TAF to the Benchers of the Law Society.

Any member who wishes to provide input on the work of the TAF Task Force is encouraged to do so, as the CBA explores options for action in response to concerns about the TAF. Please send comments to Task Force Chair Stella Frame at [email protected] .

Notice to the Profession Proposed Amendment to Rule 26

The Supreme Court Rules Revision Committee con­tinues its consideration of the problems created by Peruvian Guano. It is believed that the test for pro­ducibility is too broad and that the volume of docu­ments disclosed has become overly burdensome, both to the party giving production and to the party receiving production. There is a consensus on the Committee that change is needed and that Rule 26 ought to be amended.

The Committee will not reach a conclusion on this question before the end of the Rule 68 pilot proj ­ect on September 2, 2007. The solution to the Peruvian Guano problem may be found in that pilot project. Due to the importance of the issue to liti­gants, we hope for continuing input from the bar.

Some members of the Committee believe that more fundamental change than Rule 68 provides is required. They have prepared a draft rule to replace Rule 26. If adopted, this new rule would provide for: 1. mandatory disclosure of only those documents

which the disclosing party intends to put in evi­dence;

2. ad hoc court-ordered disclosure of other docu­ments only where the party seeking disclosure can demonstrate that another person may reasonably be expected to have documents which would be admissible to prove or disprove a fact in issue; and

3. Peruvian Guano disclosure only where the party seeking such

Legislative Update continued UNIVERSITY AMENDMENT ACT, S.B.C. 2004, C. 74 (BILL 60)

disclosure can satisfy the court that such disclosure is appropri­ate in a particular case.

At the conclusion of the Rule 68 pilot project, the Committee will consider all of the options and comments presented to it and will make a recommendation to the Attorney General. All mem-

RAN GE ACT, S.B.C. 2004, C. 71 (BILL 57)

The Act is in force March 31, 2005.

THOM PSON RIVERS UNIVERS ITY ACT, S.B.C. 2005, C. 17 (BILL 2)

The Act is in force March 31, 2005.

Sections 3, 4, 5, 6, 9, 11 and 12 are in force April1, 2005. Sections 1, 2, 7, 8 and 10 are in force September 1, 2005.

WATER, LAND AND AIR PROTECTION STATUTES AMENDMENT ACT, 2003, S.B.C. 2003, C. 90 (BILL 55)

Sections 14(b) and (c) and 15 are in force April15, 2005. BT

bers of the bar are encouraged to send written comments to the Committee, care of Ms. Judith Hoffman, Secretary, Rules Revision Committee, the Supreme Court of B.C., 800 Smithe Street, Vancouver, B.C. V6Z 2El.

June 2005 BARTALK 15

Page 16: BarTalk | June 2005

FEATU RE

Law Week 2005 Ambitious program ignites interest in annual event LAW Law Day celebrates the anniversary of the Charter of Rights and Freedoms,

each year with a different theme- the 2005 theme was "TV Lawyers: Fact

or Fiction." In B. C., Law Day has expanded to a full week of activities.

Law Week events are organized by lawyers in their local communities.

W E E K

The CBA thanks the Law Week Committee members for their hard work

in organizing Law Week 2005. The Committee, chaired by Michael Warsh,

included Madam Justice Laura Gerow, Karen Carteri, Michael Dunn,

Barbara Sage, Debbie Granger,

Sarah Klinger, Arsen Krekovic,

Darlene Leavitt and Forrest Nelson.

Law Week is funded by the

Canadian Bar Association, the Law

Foundation of B.C. and the

Vancouver Bar Association.

Open Houses Open houses were held m Courtenay, Duncan, Kamloops, Nanaimo, Vancouver, Vernon and

A child is fingerprinted at a

Law Week information booth at

the Kamloops Open House. '"Oyez Oyez!" A town crier

announced the Vancouver

Open House.

Victoria. They included mock trials, meet the sheriff, taser demos, tours, law classes, law consultations, Q&As with judges, speeches, information booths and more. Here are a few summaries of local events:

COURTENAY- SATURDAY, APRIL 16 Law Day in the Comox Valley was celebrated with an Open House at the Courtenay Courthouse. Members of the local bar association held seminars on Child Support Guidelines, Custody and Access, Will and Estates and Representation Agreements -all of which were very well-attended.

There was free cookies, juice and balloons for children. Throughout the day, people visited the courthouse and the local sheriffs staff gave cell tours.

The highlight of the day was a mock trial by a local theatre group. The Big Bad Wolf was on trial for a variety of crimes and Mother Goose presided over the proceedings. In a strange turn of events, it was discovered that Billy Bob Wolf was the perpe­trator, under the evil guidance of Mother Goose her­self, who was led away in shackles.

The day ended with a Judge's Q&A Forum with Judge Carol Lazar and Judge Keith Libby. Thanks

to all those who made this celebration of the ChaTter a success!

DUNCAN -WEDNESDAY, APRIL 26 Law Week activities consisted of an Open House held at the local courthouse. There were many par­ticipating entities including the Cowichan Valley Bar Association, Court Registry Staff, Probation, the RCMP, Victim's Services, Crown Counsel and Sheriffs. Members of the local bar were available to answer legal questions and a Law & Order career room was set up. There were seminars on Pardons, Wills and Estate Planning, Small Claims, Legal Services, Family, and Residential Tenancies.

KAMLOOPS- THURSDAY, APRIL 14 On April 14, from 6:00-8:00 p.m. the Kamloops bar, Sheriffs Office, courthouse staff, RCMP, various support services and Kamloops Notaries' Publ ic held the first Kamloops Open House in more than 10 years.

The search demonstration by the RCMP (with their dog) was particularly popular. The bar also conducted an Alice in Wonderland mock trial with an

16 BARTALK Ju ne 2005

Page 17: BarTalk | June 2005

actual judge, prosecutor and defence counsel. Alice was found "not guilty" despite clear evidence that she committed the dastardly deed. This trial attracted many visitors . Several lawyers were available to answer Family, Criminal, Personal Injury and Estate questions.

Sincere thanks to the volunteers who con­tributed to the success of the Open House. Special thanks also to Law Librarian Denise Caldwell, who did an excellent job of organizing this event.

VANCOUVER- SATURDAY, APRIL 30 The CBA hosted a Law Week Open House at UBC Robson Square in downtown Vancouver on April 30 between 10:00 a.m. and 2:00p.m.

The Open House had four free 90-minute legal classes offered by the People's Law School for mem­bers of the public. The topics were Child and Spouse Support, Wills and Estates, Custody and Access and Employment Standards. An article in the Vancouver Sun on April29 publicizing the classes was very help­ful in motivating people to attend. In all, more than 400 people participated in the event.

At midday keynote speakers stepped up to the podium. In the afternoon grade six students from York House School performed an Alice in Wonderland mock trial. Barb Sage, who facilitated the mock trial said, "The students enjoyed the experience and were delighted to be filmed by three TV stations in their homemade cos­tumes. Overall, I think they gained a enhanced understanding of the Canadian legal system."

In addition to the legal classes, speeches and mock trial, there were information booths by law­related and service organizations.

guilty each time) and the courtroom full of specta­tors.

Members of the public also fi lled the courtroom to hear "Court Talk" by Sylvia Sangha of the Law Courts Education Society and to participate in the Q&A session with Mr. Justice Malcolm Macaulay. There were information booths by law-related and

continued on next page

The Hon . Judge William Sundhu talks with children during the "'Meet a Provincial Court Judge·· session in Kamloops.

VICTORIA- SATURDAY, APRIL 16

Victoria's first Law Day celebra­tion in many years was a success, much to the delight of the Victoria Committee: Darlene Leavitt; Forrest Nelson; Kerry Simmons; Sarah Klinger; and Suzanne Bell of Court Services. The trial of the Three Little Pigs ran twice, with the jury box filled with young jurors (Sneezy the Wolf was found

The Victoria mock trial included characters from the Three Little Pigs and the Gingerbread Man, who was a witness. The Gingerbread Man"s testimony was found to be unreliable as he had been too busy running as fast as he could to really pay much attention to anything else.

FEATURE

June 2005 BARTALK 17

Page 18: BarTalk | June 2005

FEATURE

Open Houses continued

service organizations. One of the most popular events was the opportunity to take a tour of the hold­ing cells and Sheriff Services transport vehicles.

The pairing with the Second Annual Glenlyon Norfolk Provincial Moot Competition was also very successful, as students from various B.C. high schools competed for best argument. Penticton High School and Shawnigan Lake School placed first and second, respectively.

Local organizers sincerely thank those who made Law Day the success that it was: the lawyers who played parts in the trial and at other venues; the court clerks and sheriffs who volunteered their time; and the CBA and the Victoria Bar Association for their sponsorship of the event.

,k. 1:" ... ~.,; ·. ~;-

·,~~V ,.·~ ) , .. : ~ .' . t . 1 • ' - . ;,

Dial-A-Lawyer The CBA held its province-wide "Dial-A-Lawyer" program on April 30 between 10:00 a.m. and 2:00 p.m. During that time, members of the public called to speak with a lawyer volunteer about a legal prob­lem for up to 15 minutes.

In 2004 the Dial-A-Lawyer volunteers answered more than 400 calls. We have anecdotal information that suggests this program was once again very pop­ular with the public of B.C. Unfortunately due to a computer problem, we were unable to collect statis­tics on Dial-A-Lawyer calls for 2005.

The Law Week Committee thanks the following volunteers who answered Dial-A-Lawyer calls: Gary

Abrams; Ed Barnes; Manjeet

Dan Carroll acted the role of the King of Hearts at the Kamloops mock trial.

Marlene Mann played the Queen of Hearts role at the Kamloops mock trial.

Chana; Veronica Cheng; Peter Cheung; Joe Coutts; Gal Dor; Kallen Fong; Nicole Garton; Barry Grabowski; Kyle Hyndman; Richard Lee; Cindy Lee; James Lin; John McGreevy; Grant Meng; Helena Shum; Shawn Smith; Bonnie Teng; Kenneth Thornicroft; Iven Tse; Richard Turner; Florence Wong; Gordon Yu; and Tim Vondette, who very kindly ensured that the day went smoothly.

Fun Run/Walk Grows by 40 per cent The second annual Law Week Fun Run/Walk took place on April 10 at UBC. In total, 75 participants took part in the Run/Walk, which was a 40 per cent increase over last year. There was face painting for children and plenty of bagels and oranges at the fin­ish line. Great fun was had by all. The top male and female finishers were:

1. Gordon Christie 1. Candy Thompson 2. ian Neville 2. Cindy Mah 3. Craig Dennis 3. Miriam Palacios

The B.C. Branch especially thanks volunteers Arsen Krekovic and Marie Brothers for their support of this event. Thanks also to event sponsors Dye and Durham, Avis, Island City Bakery, Canadian Springs and Van Whole Produce.

75 participants took part in the Run/Walk, which was a 40 per cent increase over last year.

18 BARTALK June 2005

Page 19: BarTalk | June 2005

Student Contests PUBLIC SPEAKING The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in Law 12 classes throughout B.C. The contributions of Barry Sullivan to both the legal and educational professions are honored each year through the presentation of this Cup to the provincial winner. This year 18 students competed at the Law Courts in Vancouver on April 28. The top finishers were: 1. Tania Harsono, Crofton House 2. Nicco Bautista, Vancouver College 3. Rachel Barr, W.L. Seaton Secondary 4. Nina Saeed, York House

Special thanks to competition judges: Anne Clark, Barbara Collins; Diana Dorey; Elizabeth Edinger; Madam Justice Marvyn Koenigsberg; Terence La Liberte, Q .C.; Anna Fung, Q.C.; Bruce Quayle; and Henry Reiner, Q.C.

ESSAY CONTEST The Law Week Essay Contest was open to stu­dents enrolled in Grades 10, 11 and 12 - Law, English and Social Science Studies throughout B.C. The Law Week theme of "TV Lawyers: Fact or Fiction" appears to have resonated with students. The top finishers were: 1. Arif Khimani, Burnaby Mountain School 2. Anthony White, StThomas More Collegiate 3. Kevin Ma, Burnaby Mountain School

This year 18 students competed in the Barry Sullivan Law Cup public speaking contest. The students gave the ir speeches in courtrooms at the Vancouver Law Courts. [Two students not shown.)

Student Mentor Program This program has long been a successful part of Law Week. Strong support from lawyers has provided a valuable opportunity for many high school students to explore law as a career option and to broaden their understanding of the legal profession.

The Program has two components. The first component involves the students being matched with lawyers who practise in the student's area of interest and the students attending the lawyer's place of work for a half day. High school law teachers and high school counsellors nominate students who they feel would most benefit from this experience.

The second component entails having lawyers attend a high school law class to discuss their work and increase the understanding of students about the legal profession.

This year 21 schools from the Lower Mainland

and 38 lawyers participated. The Law Week Committee looks forward to the continuing success of this program next year and thanks the following lawyers for their participation this year: Scott Austin; Corinn Bell; Sandra Benson; Jim Bird; Charles Bois; Phyllis Carlyle; Barbara Collins; Martha Devlin; Michaela Donnelly; Kevin Filkow; Andrew Gay; Debbie Granger; Reg Harris; Faith Hayman; Lindsay Herron; Chris Hope; Nick Hopewell; Leslie Howatt; Leonard Kompa; Gerard Law; Jonathan Lazar; Jenny Machek; Paul Mendes; Derek Miura; Joe Murphy; Matthew Nathanson; Gerri-Lyn Nelson; Krista Prockiw; Geordie Proulx; Maggie O'Shaughnessy; Shannon Ramsay; Delia Ramsbotham; Judith Riddle; Gerry Sair; Peter Schmidt; Brad Smith; Sharon Steele; Eric Warren; Warren Wilson, Q.C.; and Louisa Wino.

June 2005 BARTALK 19

Page 20: BarTalk | June 2005

GUEST COLUMN CHIEF JUDGE BAIRD ELLAN

Reflections on an Eventful Term

When asked recently by BarTalk Senior Editor Caroline Nevin for some reflections on

my term as Chief Judge of the Provincial Court, I thought back

to when she interviewed me early after my appointment.! Caroline asked what I hoped to accomplish, and I talked about perhaps pre­dictable goals such as reviewing the Criminal Caseflow Manag­ement Rules and the role of the

Judicial Council; exploring com­munity courts; and expanding the

The Han. Carol Baird Ellan

and the Ministry of the Attorney General. That structure included

several written protocols outlining respective areas of authority and responsibility, and created at the instigation of the Law Society, the Justice Review Task Force. Through the JRTF, as it is affec­

tionately known, with Chief Justice Don Brenner of the Supreme Court and representa­

tives of the Ministry, CBA and Law Society of B.C., our Court has

Chief Judge of the Provincial Court of B.C.

Court's website. That interview occurred in the calm before what

quickly became a much more tumultuous term than I had expected, with events arising from outside the Court dictating a large part of the Court's and my own direction for the remainder of my term. Each of these events, while they created an immediate chal­lenge for those of us charged with administration,

also contributed in a positive way to the Court's

development. Those events of course included the courthouse

closures of 2002, but commenced well before that with two successful B.C. Supreme Court challenges

to the independence of justices of the peace, in the fall of 2000 and spring of 2001,2 necessitating a complete

reorganization of the traffic, after-hours bail, and search warrant functions of the Court. Through these challenges the Court gained a new independent

judicial officer, the judicial justice of the peace. The closure of 24 courthouses in the spring of

2002 led to a period of conflict with government, but the ready and able intervention of several prominent members of the Bar assisted in a quick resolution, and in creating a lasting structure for mutual respect and constructive collaboration between the Court

20 BARTALK June 2005

had the privilege of participating

as a partner in many promising justice reform initia­

tives . Despite the unexpected challenges, there was

still time to achieve some of what I initially set out to do, and a few additional things, the most significant of which were a new judges' orientation program, a

supernumerary program and a Court-wide strategic

planning process. I must say that none of what I did achieve with­

in my term, whether planned or reactive, would have been possible without the incredible willingness of the members of the Bench and Bar to give of their

time, strength, energy and wisdom. I reflected recently on how many members of the Court were involved in extra-curricular activities during my term, and found it was most of them. I experienced

an equal willingness on the part of the Bar. For those many contributions, and to each of the willing con­tributors, the Court and I extend our sincere thanks

and appreciation. BT

1. Bar Talk, October 2000, Volume 12, Number 5

2. Re Independence of the Provincial Court of BC Justices of

the Peace, 2000 BCSC 14 70; R. v. Do, 2001 BCSC 1088

Page 21: BarTalk | June 2005

CHRISTINE MINGlE GUEST COLUMN

Real Lawyers Have Blogs™ These online, publicly accessible, personal journals are the new publishing platform

"Wake up guys, the lawyer and practice group blogs train is leaving the station. I wouldn 't miss it."

my blog outdraws a lot of the 100 largest law firm websites in the U.S.;

• Blogs draw traffic to the firm site by links from the blog to both the website and lawyer biographies on the firm website; T

hat quote is from Kevin O'Keefe, former trial lawyer and president of LexBlog, Inc., a legal blog

design firm in Seattle. Kevin has a blog called Real Lawyers Have Blogs ™. His blog is a fabulous resource for lawyers thinking about starting a legal blog, includ­ing how Real Simple Syndication (RSS) and Search Engine Optimization work, how to write

Christine Mingie is an associate at Lang Michener LLP. Her forestry law blog is at http://forestrylaw.blogs.com.

• Blogs far out perform websites in rankings when the firm's tar­get audience (consumers to cor­porate executives) does a search on search engines;

• Blogs enhance a practice group or lawyers as leading and trusted authorities on a niche topic;

for a legal blog and law blog basics. I started a forestry law blog recently, having read (and imple­mented) just about all of the advice on Kevin's blog. Less than two weeks after my blog was publicly released, it hit #1 at Yahoo and Google for the terms I was targeting. Last week a legal blog run by law professors from Italy, Spain, Portugal and Brazil began carrying my blog posts on theirs in another language to give it a wider audience. Overnight, it was a forestry law resource in Europe. Blogs are new and powerful. B.C. lawyers should take note. BarTalk interviewed Kevin for this article. Here is what he had to say.

Why should a lawyer or law firm make the move to a blog when they already have a website?

It's not a rip and replace where a firm replaces a web­site with a blog. A blog complements a law firm web­site. It's an educational magazine focused in a niche area of the law whereas a website is a firm brochure. A blog is published by a practice group or an indi­vidual lawyer or two and not the firm as a whole.

Here are the reasons to launch a law firm blog: • Blogs will far outdraw a firm website in traffic -

• When updates are made, subscribers are notified by e-mail or RSS; and

• Blogs are less costly and much easier to update than websites.

Where do you see law firm blogging in a year from now?

Two to three years from now most practice groups in large firms and innovative lawyers in smaller firms will have individual publishing platforms or blogs to showcase their intellectual capital or knowledge base. We'll see RSS feeds from those blogs into their firm sites so firm sites remain current. We'll see this con­tent syndicated out to third-party sites via RSS so we do not have to work so hard to get published. In one year, we'll see a high penetration rate toward these things but will still have a ways to go. All of these things are happening now but only with the most innovative law firms ... . Blogs get back to traditional marketing and are attracting the best lawyers.

Kevin's blog is at http://kevin.lexblog.com. He has designed several blogs including the E-Coli Blog at http://ecoliblog.com and Day on Torts at http://www.dayontorts.com. BT

June 2005 BARTALK 21

l

Page 22: BarTalk | June 2005

GUEST COLUMN SUSAN MACFARLANE

Aesop's Fables of Articling

M any of us choose law because we anticipate a dynamic career filled with challenges invit-

ing creative solutions. Few of us anticipate that searching for arti­cles could be among the greatest of those challenges.

THE HARES: BE FAST OR BE LAST

give birth and take a few months off, or more; some take perhaps the last chance they'll ever have to go travelling for a few months. Those choices may come at tremendous cost to their articling

prospects.

Focusing on summer articles 1s now common practice among large firms, and large firms are the most significant employer of arti-

Susan MacFarlane is a

Mary is a lawyer called in

another jurisdiction who has been actively searching for articles since coming to B.C . over a year ago. "It is devastating," she says. As both a foreign-trained lawyer and a

middle-aged adult, she is doubly

research lawyer and a member of the Bar Talk Editorial Board.

cling students. For these firms, the summer articles program is

a chance to foster teamwork and loyalty. It is also a chance to hire students on a probationary basis before

investing in them for a year, or longer. For the students, the net effect of this pre-ani­

cling recruitment is that few articling positions are actually available for those who have not already been branded and groomed by a firm through its summer articles program. A firm may advertise that it hires five articling students, for example, but the reality is that the previous year it hired five summer students, all of whom are expected to fill the available

articling positions. Occasionally one may fall away, leaving one actual position available to the scores of applicants who are not so hot off the mark.

THE TORTOISES: DETERMINED TO WIN

The students who are not snapped up for summer articles tend to be mature students who are less like­

ly to bond with a crop of eager 20-somethings, and those with only average marks. That is a large por­tion of the student body. There are other reasons why a student may have missed out on the summer hir­ing: some transfer in from other jurisdictions; some

22 BARTALK June 2005

disadvantaged. She says that "companies do not trust foreign credentials," and even worse, "I've been told I won't find articles at my age."

The irony is that even young students who land the more lucrative articling spots in downtown firms were sometimes forced to go that route despite their preference for slower-paced "lifestyle" practices in

smaller markets. Joan is one among many who grad­uated with student-loan debt so significant that it limited employment options. Joan did the usual schooling: after high school she went straight to a B.A. and then an LL.B., after which her debt load

was so high that she could not afford to take the sort of job she would have preferred. She still came out owing roughly $45,000. Payment for those loans

began six months after graduation, so Joan could only accept a job that would allow her to meet that obligation. Payments on a debt load that high are more than $400 a month, spread across 174 months. "That is a long time to be paying, but in the short

term it also had a significant impact on my job choic­es. When I first began to make articling application, I was really attracted to working in a small to mid­sized centre. I applied to firms in places like

continued on next page

Page 23: BarTalk | June 2005

There"s nothing like mentioning the search for an

articling position to provoke some anxiety in the

mind of a law student. Much of the stress flows

from a sense of not having sufficient information

about the process. With this in mind the Canadian

Bar Association , B.C. Branch, wants to help

students relax a little by getting the "straight

goods"' on articling positions. A survey has been

e-mailed to a target group of CBA members and is

also available online for anyone interested in pro­

viding advice at www.cba.org/ bc. This survey was

designed to obtain some basic information and

practical advice about the process from the

perspective of current articling students and young

lawyers, to be shared with incoming students.

Articling continued

Kamloops, Kelowna, Vernon, Nanaimo, and Abbotsford. I got some offers at very cool places where I would have been doing some interesting and diverse work, but the pay scale was horrendous."

She described offers as low as $1,350 monthly and concluded that "I had to start looking for high­

er-paying jobs, despite the fact that I wasn't interest­ed in working at a large downtown firm."

Students now working for little more than

$1,000 monthly are still luckier than some, who resort to offering to article for free. Free articling is evidently not something many firms will consider. It creates inequality and a stigma among young lawyers, particularly where an articling student is already on salary at the firm, or has recently become a junior associate. Free articling is only an option at small firms where the cost would prevent them from hiring a student, and Mary, who has tried offering to article for free , says even these small firms "are not keen."

Splitting articles is an option for a student who

may be articling with a boutique that can only offer limited instruction, or with two small firms, each of

A new section for students will soon be created on

the CBABC website, and the survey results will be

moved to this area once it is complete .

To date, 54 members responded to our Articling

Survey and all results are also available online to

CBA members.

This is the first survey the CBABC has created . The

redesign of our website has enabled the CBABC to

use this valuable new survey tool created in-house

by the CBA National office. If there are other issues

members think we could address in a survey

format, please forward your suggestions to

[email protected].

which can only afford half an articling student. More common is a student wholly assigning articles, whether because the fit just didn't work or because the initial firm ceased to exist.

For whatever reason, the percentage of law­school graduates who secure articles has been declin­ing in the past five or so years. Although there are articling positions out there, "this is very cold com­

fort to anyone who just doesn't m atch the profile that articling students are generally expected to fit," Leon says. He is a mature student who has been searching for articles for over a year. He has looked at alterna­

tive careers, but says, "It is my impression that those who successfully pursue them usually have articled and been called. An LL.B. without being called is an abortive project."

No one expects articling to be easy, any more than one expects the practice of law to be easy. The people who are attracted to it are fiercely dedicated and determined. But there are unexpected hurdles in

this race that are higher for some than for others, and we have to consider whether that is in the best inter­

ests of the profession generally. BT Pseudonyms were used in this article.

June 2005 BARTALK 23

Page 24: BarTalk | June 2005

BAR MOVES

Bar Moves " 71 Have you recently changed firms or opened a new firm? Send submissions [maximum 25 words) to Bar Moves at [email protected] .

PAUL BARCLAY has left Peck and Company to join provincial Crown Counsel in Vancouver.

ALLISON CATHERWOOD has joined McQuarrie Hunter as an associate where she will practise in the New Westminster office in the areas of civil litigation with a focus on personal injury.

DEV DLEY, former Commissioner of the Western Hockey League, has opened a law firm in Kamloops. Mr. Dley will continue to practise civil litigation with an emphasis on insurance and personal injury law.

KEITH J. ENGEL, formerly a partner at Gowlings in Calgary, has joined the Kelowna law firm Benson & Co. where he will continue his securities and corporate commercial practice.

RICHARD J. ENNS (providing legal services through Compass Law Corporation) has joined the firm of Allan Francis Pringle as a partner and will continue his practice as a solicitor.

Allison Catherwood

Two new associates have joined the ranks at Sliman, Stander & Company as solicitors. Both SHEILA G. EVAN I

and DREW LAWRENSON will practise in the areas of general corporate and commercial law.

JULIE D. NICHOLS has left Ogilvy Renault and joined Borden Ladner Gervais LLP. She continues to practise labour and employment law.

RUTH MAGNUSSON has left Clay & Co. to join Straith and Company where she will continue to serve her clients, particularly in the areas of commercial leasing, real estate, wills, trusts, and adult guardianship.

DENNIS RYAN has left the partnership of Lang Michener LLP to join the partnership of Fasken Martineau DuMoulin LLP where he will continue his forestry law practice.

Clay & Company is pleased to announce that MARGARET SASGES and NEIL VALLANCE have joined the firm, where they will continue to practise as solicitors.

WINNIE SUNG has joined Hungerford Tomyn Lawrenson and Nichols in Vancouver after articling there to practise civil and commercial litigation as well as general corporate/commercial law.

ROGER S. WATTS, formerly of Camp Fiorante Matthews, has joined the firm of Slater Vecchio in Vancouver as a litigation associate.

24 BARTALK June 2005

~'I'~ .l • ... _. Legal Careers

CBA members, this job site is for you. View most job-related inserts before BarTalk is mailed and jobs advertised through the week­ly e-mail to CBA members. Click ""Practice Resources "' and then ""Legal Careers"" -you will need your CBA ID number to log in.

www.cba.org/bc

Page 25: BarTalk | June 2005

MICHAEL SEABORN GUEST COLUMN

Voice From Dadaab A Port McNeill lawyer provides an inside look at a United Nations office

I t is with the deepest shame that I confess that I have become a paper pusher in the UN High Commissioner for

sion. The Clerks are also masters in subtle manipulation and the intrigues of the bureaucratic world. I am a simple, straightfor­ward Canadian who practised law on northern Vancouver Island. When I cross swords with them, I get slaughtered every time.

Refugees office m Nairobi (UNHCR), a place with no short­age of paper pushers. "Aye, I have so much work to do," sighs one of my co-workers, a Kenyan lawyer. This is one of the primary activi­ties of the UN bureaucrat: visiting their similarly burdened col­leagues and spending a great deal of time discussing how they have so much to do.

Michael Seaborn works for

the United Nations High

Commissioner for Refugees.

Early on I was required to spend a week working in the Registry, filing bits of paper. Several years ago there was a scan­dal at this office: staff were

Another very popular, and time consuming, pas­time is looking for the file. One could grow old here, wandering the many corridors, trying to collect the files you are meant to be working on. This leads to an oft repeated scene in which I approach the person whom the Registry says has the file and endure a tirade about how they don't have the file, they gave it to so-and-so ages ago and, really, what are those Registry people thinking anyway. I back out, apolo­gizing profusely, and return, empty-handed, to fur­ther wander the corridors. Looking for the file is really the ultimate UN bureaucrat activity as it com­bines spending time with colleagues, complaining, not getting anything done and pointing the finger at another person or department and examining the depths of their incompetence.

The Registry, dark and dusty in the basement, is the domain of the Machiavellian, subterranean crea­tures, the File Clerks. There, below street level, they guard the files with all the zeal of apostles on a reli­gious mission. If they have a purpose on this earth it is to prevent staff from removing files from the Registry where, possibly, they might suffer irrepara­ble harm or, of greater concern, actually be used to assist a refugee. They are masters at their sacred mis-

demanding money from refugees to submit them for resettlement to western countries. The office lives very much in the shadow of that episode. So, new staff put in time at the Registry, which never has a shortage of pieces of paper to file, before they have contact with the refugees and become "tainted," after which the inner sanctum of the Registry is barred to you. I would be locked into the file room, with its thousands upon thousands of dusty, dirty files, with a mound of paper to file and ample time to reflect on how, now in my middle years, I was certainly making fine use of my two uni­versity degrees. In that dungeon are mildewed boxes of ancient unused office supplies, parts of refugee files lying in corners with their discolored contents curling up, newer files piled high on tables because they are out of space, with the contents spilling out and mixing together. I would emerge, blinking, into the daylight and have to scrub my hands, which would be black with grime.

I came to Africa asking the question: how can I help these refugees? Unfortunately, I don't seem to have much company in asking that question. Or per­haps a fairer way to put it is that much about this large operation serves to impede rather than facilitate assistance. BT

June 2005 BARTALK 25

Page 26: BarTalk | June 2005

EVENTS I BRAVO

VBA/CBA Golf Tournament Attention all golfers! This tournament is filling up fast.

To secure your spot for June 23 visit www.cba.org/bc

and complete a registra­tion form. Don't miss out on a great time that supports local law

student scholarships.

CBA Member to Run Icelandic Marathon This August CBA member Carol Roberts will run a marathon in Iceland as part of the Canadian Diabetes Association's team. The team plans to raise money to help people with diabetes live their life without lim­its and each team member must raise $6,000 in order to participate. Carol says she will be running for family members and friends, as well as others who suffer from diabetes. If you would like to donate to this cause, please contact Carol Roberts at 604-915-5222.

2006 Lawyer Show Step into the spotlight!

Following the success of the fourth annual Lawyer Show, Murder on the Nile, the audition dates for the 2006 Lawyer Show have already been set:

Congratulations to Fasken Martineau, whose ski team won the B.C. Law Firm Ski Race held at Whistler Blackcomb on March 19. The team mem ­bers were (from left): David McDonald, Kevin

O'Callaghan, Carmine Boskovich, Michael Dery, Peter Finley and Gavin Hume, Q.C.

Wednesday, November 16, 7:00-10:00 p.m . and Sunday, November 20, 1:00-4:00 p.m. (Arts Club Theatre Company, 1585 Johnston Street, Granville Island, Vancouver).

Book your calendar now and start rehearsing for your chance to perform in this annual community fundraising event, a co-production of the Arts Club Theatre Company and Touchstone Theatre, both not-for-profit registered charities.

June- Au ust L... ro June 10

""C c June 17 Q) __, ro June 17

(...)

L... Junel8 ro

co June 23

o2S June 23 ..c

July 7 u c ro L...

co August 14-16

26 BARTALK Ju ne 2005

Fourth Annual Battle of the Bar Bands (Commodore Ballroom, Vancouver)

LAP Fifth Annual Gratitude Lunch (Law Courts Inn, Vancouver)

CBABC Committee Appointment Day

Provincial Council Meeting (Delta Airport Hotel, Richmond)

VBN CBA 9th Annual Golf Tournament (UBC Golf Club, Vancouver)

Women Lawyers Forum Annual General Meeting (Law Courts Inn, Vancouver)

New Westminster/Fraser Valley Bar GolfTournament (Guildford Golf Course, Surrey)

Canadian Legal Conference & Expo (Vancouver Convention & Exhibition Centre)

Page 27: BarTalk | June 2005

CBIA Introduces Improved Term Life Insurance

Article courtesy of the Canadian Bar Insurance Association (CBIA)

The Canadian Bar Insurance Association Board of Directors is pleased to announce the June 1, 2005 launch of Level 80 Term Life Insurance.* This new plan features several unique improvements over our previous Term Life benefit and is offered at rates sig­nificantly lower than most comparable term life plans.

Designed to be both comprehensive and reason­ably priced, Level 80 Term Life includes a built-in feature that will pay your premiums in the event a serious disability prevents you from working. It also provides you with the Good Health Renewal Option. This unique feature allows you to benefit from your continued good health after your initial purchase date. However, there is no need to worry about your coverage should your state of health change. Your full amount of protection will remain in-force, to age 80, at premiums that are often substantially lower than many other comparable term insurance plan renewal rates.

Level 80 Term Life is one of the most significant and exciting new benefit offerings ever launched by the CBIA. For more information on Level 80 Term Life Insurance, or a no-obligation quote, call your B.C. and Yukon CBIA Authorized Representative, Mass & Co. Financial Planning at 604-688-8790, or 1-888-477-5630 or visit www.barinsurance.com.

*Underwritten by the Manufacturers Life Insurance Company (Manulife Financial).

Options for Lawyers Options for Lawyers Seminars are he ld in

Vancouver on the third Wednesday of each month. This networking, education and support group for lawyers is free for members of the legal commun i­ty. For assistance or information, call 604-685-2171 or toll-free 1-888-685-2171. The LAP office is

located at 415-1080 Mainland Street, Vancouver.

CBABC PARTNERS

The Continuing Legal Education Society of British Columbia

CLE Update 6TH BIENNIAL FAMILY LAW CONFERENCE­JULY 7 & 8

Every two years, family law lawyers from across B.C . gather at this essential conference to review

and discuss the significant legal changes, emerging trends, and hot issues in their area of practice. Take advantage of this unique opportunity to hear from experts within and outside the profession on topics of practical significance to you. Highlighted

this year are the new Spousal Support Guidelines and children's issues such as how to deal with children in divorce and mobility, and section 15 report issues.

For more information on this and other CLE

courses, plus complete current listings of all CLE publications visit www.cle.bc.ca, or call 604-893-2121, or toll-free 1-800-663-0437.

JUNE & JULY CONFERENCES/COURSES

• Business Corporations Act 2005- Thursday, June 16

• Criminal Law and the Charter 2005- Saturday, June 18

• Real Estate Development- Thursday, June 23

• Private Companies: Structuring the Entrepreneur in 2005- Friday, June 24

• 6th Annual Winning Advocacy Skills Workshop -July 5-7

• 6th Biennial Family Law Conference -July 7 & 8

LAP Gratitude Luncheon The Lawyers Assistance Program will hold its Gratitude Lunc heon on June 17, where Debra Van Ginkel will receive the "Lawyer Helping Lawyer

Award ." The Luncheon will be held at the Law Courts Inn in Vancouver. For tickets , please call 604-685-2171 [e-mail [email protected].

June 2005 BARTALK 27

Page 28: BarTalk | June 2005

CLASSIFIED ADS JUNE 2005

POSITION AVAILABLE

Non-traditional law firm in Vancouver seeks non-traditional lawyer for its expanding client base of entrepreneurs. Flexible worki ng arrangements. Lots of client contact. Fee shar­ing, ownership, full time & part time all possi­ble. Send resumes to [email protected].

SERVICES

INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation -Registered Patent Agent, Registered Trade Mark Agent. Practise restricted to l ntellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: [email protected]

Cheryl Stephens delivers skills training, 604-739-0443 www.MentorMuse.com

LAWYER COACH AND MANAGEMENT CONSULTANT to lawyers, law firms and legal departments. Linda K Robenson, 604-986-4406, LindaKRobertson @sha w.ca

SPACE AVAILABLE

FOR LEASE IN VICTORIA: Offices suitable for 2 lawyers and support staff. Please contact Mary Mouat at Quadra Legal Centre (250-380-1566) or www.quadralegal.com

OFFICE SUBLEASE: Share space in beauti ­fu ll y appointed Yaletown office suite with other lawyers. Perfect for starting new law practice. Includes use of meeting room, secre­tarial station, kitchen and more. Flexible lease terms. Pay fixed/variable costs as incurred or percentage of bi ll ings . Call Diane Dunbar 604-662-7544 or email [email protected].

SPACE WANTED

Wills and Estates lawyer seeks office share arrangement in North Vancouver with space for an assistant. Furnished or unfurnished . Access to conference room, fax, copier is pref­erable. Reply to [email protected] Attn: Box 113.

CLASSIFIED (per line) CBABC Mem bers/Firms $25 Commercial Organizations $40

DISPLAY 3" X 2.5" CBABC Members/Firms $450 Commercial Organizations $750 6'' X 2.5" CBABC Members/Firms $810 Commercial Organizations $1,350 Next deadline: July 8

INSERTS (all of BC) CBABC Mem bers/Firms $1,200 Commercial Organizations $2.400 Next deadline: July 15 Next mailing : August 5

Direct BarTalk advertising inquiries to: Sandra Webb, BarTalk Editor Tel : 604-646-7856 or 1-888-687-3404 E-mai l: [email protected]

PRACTICE FOR SALE: Downtown Vancouver. 40 yrs gen . practice. MVA. litigation, conveyancing. wills. estates, corporate, family, etc . Will assist with transition. Call Bob Eades 604-681-5874.

Practice Restricted To WCB Mertens Valuation Services Ltd.

Sec. 257 Determinations, Opinions and Court Applications on referral

604-267-3033 • Claims and appeals • Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation

Vahan A. Ishkanian Barrister & Solicitor

Cell 604-868-3034 Fax 604-264-6133 [email protected]

Independent Expert Advice

Serving the accounting and legal professions.

~ Business Valuation ~ Transaction Advisory ~ Litigation Support

Please call Rick Mertens, CBV, CGA Tel : 604-642-6107 Fax: 604-944-3855

500 Park Place, 666 Burrard St, Vancouver, B.C. V6C 3P6 Visit us online at www.mertensvaluation.com.

, A member of the Canadian Institute of Chartered Business Valuators

August 14 to 16, 2005

Vancouver Convention & Exhibition Centre

I

lan Hanomansing Anne Giardini Richard Stock CBC Television - Vancouver Weyerhaeuser Corp. - Vancouver Catalyst Consulting - Vancouver

28 BARTALK June 2005

Senator Romeo Dallaire Keynote Speaker

www.cba.org Watch for new information posted

regularly on www.cba.org.