bartalk | june 2012

Bauman C.J.S.C.: What the Court Expects of Articled Students PAgE 14

RolES InCREASEd foR StudEntS And PARAlEgAlS | SEx WoRkERS’ RIghtS

JunE 2012 | www.cba.org/bc

2 BarTalk / JUNE 2012

EVENTSBarTalk EdItoR Deborah Carfrae

EdItoRIAl BoARd ChAIR Michael Welsh

EdItoRIAl BoARd MEMBERS Candice Alderson

Carol Anne Finch-Noyes Richard Fyfe

Sandra Harper Beverly MacLean

Gail McKay Sarah Nelligan

Clint Sadlemyer Rose Shawlee

BarTalk SEnIoR EdItoR Maureen Cameron

StAff ContRIButoRS

Bianca Bishop Simon Bursell Tanya Galic

Stacy Kirpichova Catherine Lau Stuart Rennie

Jennifer Weber

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THe 2012 NeW WeST-MiNSTeR/FRASeR VALLey BARS GoLF TouRNAMeNT is sched-uled to take place at Guildford Golf Course in Surrey on Thursday, July 5 with tee times starting at 11:00 a.m. Lawyers,

judges, court reporters and their friends are welcome. Cost is $95 per person for golf, dinner and prizes. Carts can be rented from the course. Options include stroke play or Texas Scramble. For further information, contact Rick Molstad at [email protected].

THe 16TH ANNuAL VANCouVeR BAR ASSoCiATioN/B.C. BRANCH oF THe CANADiAN BAR ASSo-CiATioN GoLF TouRNAMeNT is on Thursday, June 21 at the University Golf Club. Check in/registration is from 11:30 a.m.- 12:45 p.m. and tee time is at 1:00 p.m. Participate in this fun-filled day of golf and prizes, and sup-port law student scholarships.

uPCoMIng EVEntS

Golf Anyone? lAW WEEk 2012

OPEN HOUSE

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JUNE 2012 / BarTalk 3

ContentsVoluME 24 / nuMBER 3JUNE 2012

Departments4 FRoM THe PReSiDeNT Access to Justice and legal fees by Sharon Matthews

5 exeCuTiVe DiReCToR Change is good by Caroline Nevin

6 PRACTiCe TALK Economic and Effective Practice by David J. Bilinsky

7 DAVe’S TeCH TiPS

8 NoTHiNG oFFiCiAL Popular Culture by Tony Wilson

Sections 10 SeCTioN uPDATe Pensions and Benefits law legal Research Municipal law Young lawyers-Victoria

11 SeCTioN NeWS Melanie Magnusson, Young lawyers- lower Mainland Features9 A yeAR iN THe LiFe oF ARTiCLiNG STuDeNTS by Christine Murray

12 CHANGeS BeiNG PRoPoSeD FoR NoTARieS by Donna kydd and kerry Simmons

14 WHAT DoeS THe CouRT exPeCT oF ARTiCLeD STuDeNTS? by The Honourable Chief Justice robert Bauman

15 RoLeS iNCReASeD FoR STuDeNTS AND PARALeGALS by leon Getz, QC

17 WHAT LAWyeRS AND A JuDGe Do iN THe CoMMuNiTy

Guest16 Sex WoRKeRS’ RiGHTS AND Bedford V. Canada by Elin Sigurdson and katrina Pacey

Inside This IssueMention “law” and people think of lawyers, but the legal system has many participants. In this issue, we look at actual and proposed changes in the roles of others in the system: articled students, paralegals and notaries public. We also get a glimpse into how some lawyers are changing communities locally and abroad for the better and get an update on the sex workers’ rights court challenge. News and Events 2 golf Anyone? law Week 2012 Photos 18 CBA holds law day and Charter Celebrations Across Canada Protecting Solicitor-Client Privilege CCCA World Summit and Spring Conference 19 Connect @ Vancouver for a national legal Experience 2012 CBABC Winter Conference, San francisco, California, november 23-25, 2012 20 Continued from page 14 – What does the Court Expect of Articled Students? ClEBC update 21 legislative update Branch & Bar Calendar More law Week 2012 Photos 22 Wlf Events at the CBA’s August 2012 Canadian legal Conference (ClC) lawyer Referral Service (lRS) Young lawyers International Program Also In This Issue23 LAW FouNDATioN oF BRiTiSH CoLuMBiA

24 PRoFeSSioNAL DeVeLoPMeNT &

MeMBeR SeRViCeS

25 DiSPLAy ADS

26 BAR MoVeS

27 NeW MeMBeRS


Sharon [email protected]

FrOM THE PrESidENTShARon MAtthEWS

Access to Justice and Legal Fees Just the facts, please

is not until the 75th percentile where incomes are more than $250,000.

The report also notes that self-employed earnings cannot be com-pared to the earnings of employed individuals who have benefits such as extended health insurance, den-tal coverage, disability insurance and a pension plan. Such benefits add a significant value to the pack-age; perhaps about 35 per cent.

This tells us a few things. First, the majority of lawyers earn good but not grandiose incomes out of which they must fund or self-insure for benefits and save for retirement.

Next, most lawyers serving com-munities outside major centres earn modest incomes. Their clients are their neighbours, their fellow busi-ness associates, people they social-ize with and small business owners. Those lawyers’ fees balance the business imperative of keeping the rates affordable with earning enough to pay the overhead and taking home a modest living.

Don’t mistake me; there most definitely is an access to justice

problem but the data shows that the value of legal services is not be-ing inflated so that law-yers earn exorbitant incomes off the backs of the middle class. Legal services are valuable and the costs of providing them (legal education and overhead) are high. And because legal services are critically important and engage the public interest, the provision of them is carefully regulated.

The Law Society’s initiatives, on unbundling and on expanding the work that articled students and paralegals can do under the supervision of lawyers, deserve the support of the profession because they are part of the middle class access to justice solution.

That brings me to another pit-fall of blaming lawyers for access to justice issues: targeting law-yers’ fees and the middle class not only ignores the facts but it turns the focus away from tackling the problem that is most acute, namely legal services for the impoverished.

Unfortunately, for the poor, low-cost legal services are irrel-evant; they cannot afford the first dollar of a legal bill. The profes-sion has worked hard on this issue through programs such as Access Pro Bono and the Salvation Army, and individually, in 2010, more

than 5,000 B.C. law-yers reported doing 42 hours of pro bono work each. However, pro bono services can only be effective as a supplement to a properly funded legal aid system. That is why the CBABC has undertaken a fact-based public engage-

ment program to advance the understanding for the imperative need for legal aid – see www.wen-eedlegalaid.com.

The problems pertaining to ac-cess to justice are many and com-plex. We must start with a solid factual base if we hope to solve them. Next time you hear some-one blaming lawyers’ fees for ac-cess to justice issues, acquaint him or her with the facts.

It is all the rage to blame lawyers’ fees for making legal services un-affordable for the middle class. Like many popular topics, scratch the surface and the flaws are revealed.

In a recent report, “Report on the Earnings of Self-Employed Law-yers for the Department of Justice Canada in Preparation for the 2011 Judicial Compensation and Benefits Commission,”1 the author studied the earnings of self-employed lawyers by obtaining data from the Can-

ada Revenue Agency. In 2010, the median income of 21,120 self-employed lawyers in Canada was $131,603. At the risk of stating the ob-vious, that means 50 per cent of self-employed lawyers earned less than $131,603 in 2010. Breaking down the statistics is even more revealing. The median income in regions other than metro-politan areas was $98,536. Twenty-five per cent of lawyers earn $60,000 or less. Only a few lawyers earn very high incomes – it

1 december 13, 2011, By Haripaul Pannu


ExEcUTiVE dirEcTOrCARolInE nEVIn

Change is Good Thoughtful change is better

such as the open consultations of Len Doust, QC last year and Geoff Cowper, QC this year, stakeholders within the justice system consistently step forward to participate and provide their experienced perspectives and best ideas.

On the bad news side of the equation, however, both politics and money are factors in the cur-rent debate – an often fatal mix when it comes to resolving com-plex issues. As a result, we’ve seen some strange initiatives re-ceive political and/or financial support in the name of access to justice. Earlier this year, there was aggressive lobbying of govern-ment MLAs to support allowing non-lawyer notaries to provide a number of legal services without lawyer supervision. More recent-ly, Bill 44 (the Civil Resolution Tribunal Act) will result in the allocation of much-needed pub-lic funding not to the courts but instead to a new parallel system of dispute resolution for small

claims, which – a first for B.C. – actually prohibits lawyers un-less conditions for an exception can be met.

With thoughtful discussions among a broad group of people committed to building a better justice system, the concepts under-lying the scope of practice propos-al and Bill 44 could have evolved into constructive solutions with long-term benefit to the public. Positive, long-lasting change is very possible, but not without the full engagement of everyone in-volved in the system.

Affordability is one of the topics often raised in discussions about access to justice. Someone who cannot pay for necessary legal services is clearly disadvantaged in terms of any meaningful “ac-cess” to the justice system. Access means much more than the abil-ity to enter a courtroom; that’s why the CBA has been such a fierce advocate for legal aid fund-ing and a tireless promoter of

pro bono practice. It’s also why we have supported Law Society of B.C. initiatives to expand the components of legal practice that can be done by paralegals and articling students, with the public safeguard of lawyer supervision. These changes will provide tan-

gible benefits to the public, and are the re-sult of significant dis-cussions among the Bar, government and the judiciary.

There are many different ways to de-scribe access to jus-tice, but I like this simple definition pro-posed by Alberta law-

yer Douglas Mah in a recent CBA National article: “All persons have equal opportunity to fairly and ably enforce or defend their legal rights within the justice sys-tem.” The key to making positive change in access to justice in B.C. lies in all of us being willing to engage others in thoughtful, un-biased discussions about how we can best improve equality, fairness and the protection of legal rights. Let’s embrace these “interest-ing times” and the opportunities for change – and dialogue – that they bring.

“May you live in interesting times” is either a blessing or a curse, depending on what’s going on around you. In the case of the justice system, and those advocating for fair and mean-ingful access to it, these are interesting times indeed.

The good news is that everyone now agrees that there’s a problem with access to justice, and that it’s no longer possible to manage the effects of prolonged systemic strain. (As we all

know, recognition of a problem is the first step on the road to recov-ery!) Everyone inside and out of the justice system knows that change is necessary.

Even better news is that there is a lot of talent and good-will within the Bar, judiciary, legal organizations and Min-istry of Justice that is squarely focused on coming up with solutions to make things better. Given the opportunity,

caroline Nevin [email protected]


go onlInE foR MoRE InfoRMAtIon

dAVId J. BIlInSkY

practicetalkEconomic and Effective Practice Tips to improve your day

expensive. However, one thing that they are not is TWAIN com-patible. What is Twain you say? Twain is a scanning industry stan-dard to allow software to com-municate with a scanner. In the Fujitsu’s ScanSnap’s case, this means that you need proprietary software on your PC or Mac in order to use it. However, it works with Adobe Acrobat standard and professional and if that is all you need for scanning purposes, then read no further.

However, you may wish to use your scanner with other software that requires a TWAIN interface. In that case, you may wish to look at the new Epson GT-S50 scanner (http://bit.ly/h1Hy15). How do they compare?

Scanning: The ScanSnap can do up to 20 pages per minute @ 300 dpi (color) or 600 dpi (B&W). The Epson can do 25 pages per minute @ 200 dpi.

Size: The Epson is 11.9 x 8 x 8.4 (inches – WDH). The ScanSnap is 11.5 x 6.3 x 6.2. The Epson weighs

in at 5 KG while the ScanSnap is 3 KG.

Sheet Feeder: The Epson has a 75-page sheet feeder; the ScanS-nap a 50-page feeder.

Ease of Use: The ScanSnap is rated to be easier to use but the Epson is also stated to be not that difficult either. The card reader software with the Epson is only for Windows mobile devices.

Both have the ability to scan busi-ness cards, plastic ID cards (great for client verification purposes) and other documents using the special carrier sheet included with each one.

Software: The Epson comes with Epson Scan, EMC Captiva ISIS, ABBYY® FineReader® Sprint Plus OCR, Nuance ScanSoft® Paper-Port® SE, NewSoft™ Presto!® BizCard 5, TWAIN and ISIS drivers.

The ScanSnap comes with: ScanS-nap Organizer V4.0, CardMind-er™ V4.0, Adobe® Acrobat® X Standard, ABBYY FineReader for ScanSnap™ 4.0 PC Edition (but no ISIS or TWAIN drivers).

Both will work with Macs and PCs (but their included software is only for PCs).

SSDS oR FLASH SToRAGe DePT.If you work from a laptop, you know the lag time between boot-up and actually being able to start

working can be con-siderable. However, the incorporation of Solid State Drives (“SSDs”) or Flash Storage into laptops has shortened that time lag consider-ably. While SSDs and Flash Storage are prici-er that their mechan-ical hard-drive cous-ins, the time savings

are leading users to elect to have an SSD or Flash Storage incorporated into their newest laptop. The use of Flash Storage is one of the reasons why the latest Mac Air is so fast...

Do NoT TRACK DePT.A lawyer’s time is valuable – and as such, anything that can help web pages load faster is a benefit. If the service also allows you to increase your privacy online, all the better!

rFlash a-ah Savior of the Universe...r

– Music and Lyrics by Brian May, recorded by Queen.

the practice of law is hectic and time-challenged at the best of times. Accordingly, it is great if we can find tips and technologies to help us save time, save money or better manage our time and practices.

To TWAiN oR NoT To TWAiN DePT.Many lawyers have the Fujitsu ScanSnap line of scanners (currently the S1500 http://

bit.ly/l5N3m is the popular desktop version) and love them for good reason. They are workhorses, easy to use and in-

david J. Bilinsky is the Practice Management Advisor for the Law Society of British columbia. Email: [email protected] Blog: www.thoughtfullaw.com

the views expressed herein are strictly those of the author and may not be shared by the law Society of British Columbia.

Continued on page 7 >>>


Alternative to the Cloud for Data Backup Purposes

Many firms are looking at the Cloud for data backup purposes. Concerns about the Cloud for backup storage include: whether the servers are located in Can-ada, whether a uS company owns the data backup service, who has access to the files, are they transmitted and stored in an encrypted form, who has ac-cess to the encryption key, how reliable is the service provider, how long would it take to re-store the data and the like.

for some firms, storing files on the Cloud will not be a viable option. for others, it is only part of an overall disaster recovery plan that still includes a local backup. Accordingly, what are the alternatives to a Cloud-based storage solution?

one answer is to acquire a pair of network-attached storage boxes (nAS) that support remote

backup and synchronization. Moreover, these boxes can also be used alone or in conjunction with Cloud-based storage as an additional (and easily accessible) local backup. What is a nAS? It is typically a linux-based spe-cialized computer containing an array of removable hard drives that is directly connected to a network (rather than to a com-puter) that offers file-based stor-age services to the network.

What are the features to look for in a nAS? RAId level config-urations (hopefully with an auto-matic setting that results in an optimal array configuration not-withstanding the types of drives loaded into the bays); locking drives (so that someone can’t just walk away with your data) as well

as the ability to physically se-cure the nAS to prevent it from being stolen; access to files from mobile devices (phones and tab-lets) and synchronization across the network and the Internet (en-abling a remote backup copy of your data – also called “Encrypted Remote Replication” – see: http://bit.ly/JeJkQ5). of course many nAS providers have also begun to offer Cloud-based backups integrated into their nAS systems for online-disaster recovery.

other useful features would be the ability to backup flash drives without the need to ac-cess the nAS interface; the abil-ity to mount drives of unequal sizes, dual ethernet ports (in case one fails); uSB 3.0 sup-port; fast write and read speeds and an easy-to-use interface. of course, much depends on the operating system built into the nAS. one highly ranked provider of nAS boxes is QnAP (their tS-459 Pro II at $1180 earned a “Best Buy” by PCWorld in May 2012). You can compare the feature sets of QnAP’s nAS devices at http://bit.ly/gsfha.

© 2012 david J. Bilinsky

dave’s techtips

Do Not Track is a voluntary compliance scheme that works in conjunction with the Do Not Track plug-in. You need a DNT compat-ible browser (currently Firefox, Internet Explorer and Safari) and have to download and install the plug-in (http://donottrack.us/). From there the plug-in stops be-

ing tracked by “analytics servi-ces, advertising networks and so-cial platforms.” An added benefit is that it stops the browser from loading advertising and other “gunk” that slows down a web page. I have been using it for a few weeks now in Safari on my Mac and I am surprised at how

much “gunk” loads when I vis-it common web pages on other computers as compared to my “do not track” Mac! Until we get reliable “opt out” legislation this is about as good as it gets at the moment.

So there you have three tips to help improve your day – in a flash!

Continued from page 6


nothingofficialtonY WIlSon

Popular Culture Now that the Canucks are out, what’s on the boob tube?

breaths (and tweets) later, he was responsible for Wall Street fat cats making huge bonuses at the ex-pense of working families.

If you want smart TV (smart being the new sexy), you should watch Benedict Cumberbatch play Sherlock Holmes in the BBC’s modern-day “Sherlock,” with the equally amazing Andrew Scott as “Jim” Moriarty. I loved the line “please don’t feel the need to make conversation, it’s not really your area” and wished someone had used it in the Republican De-bates. Alas, there would have to have been someone smart enough in that crowd to use it.

If you want garbage TV, you might catch the trashy Real Housewives of Vancouver, which strikes me as a four-word oxy-moron. They aren’t all house-wives, they don’t all live in Van-couver, and as for “real,” well, it seems there’s so much plastic, sili-cone and botox on the show, the girls aren’t even biodegradable anymore, let alone recyclable.

However, the good news is that Mad Men is back, sending me into a variety of time warps. The Draper’s family kitchen in the first few years of the show is so similar to the one in my parent’s Victoria home in 1962, it gives me the willies.

Over many drinks with a few lawyer friends last year celebrat-ing 25 years at the Bar, we argued over which series best reflected the “Mid-1980s Articling Experi-ence.” One said Mad Men, (despite the 20 year temporal difference), citing the office politics and the shenanigans that (allegedly) went on in those days. Another said that because articling was more class structured in the 1980s (students being very servile way back then), Downton Abbey was the best comparison. I disagreed with both of them and said that articling was more like “Game of Thrones,” but without all the murder, sex, war, decapitation, dismemberment, dragons, and English accents.

Martin Scorsese’s documentary “Living in a Material World” is well worth watching for every-one who thought they knew the late George Harrison. Good old George mortgaged his house to finance Monty Python’s “Life of Brian” when EMI Films pulled out

over fears that some-one might have been offended. George sim-ply wanted to make sure the iconic film was completed so he could see it, resulting in (in Eric Idle’s words) the most expensive movie ticket ever.

A colleague of mine in Toronto was a jun-

ior lawyer on the other side of a deal with George some years be-fore all things passed. A stack of documents as high as Bentall 3 was placed in front of the Quiet Beatle to sign, but he refused. “I sign one document and only one document,” George said. “Why not?” they asked, incredulous-ly (I could say they were crying “Wah-Wah,” but that’s way too obscure). George explained that every original Certificate of In-cumbency, Directors Resolution, or other document that bore his original signature would end up being sold for collectively more than the deal’s legal fees.

Isn’t it a pity Marty Scorsese didn’t put that gem in his film.

having written my first ever sports column for Canadian Lawyer last month (the Canucks had just been elimin-ated from Round One, sending many friends and col-leagues into fits of depression that swiftly ended the moment Boston was knocked out), it struck me that now was a good time to become a TV critic and talk about what’s on the boob tube these days (because it

sure won’t be hockey in my house). The Republican TV Debates have ended, which is really

too bad. It was fascinating to watch very rich white men talk endlessly about the need for government to be out of every facet of American life except women’s uteruses. It was enlightening to hear the debaters and their cabal of follow-ers accuse President Obama of being a Socialist while a few

The views expressed herein are strictly those of Tony Wilson and do not reflect the opin-ions of the Law Society of British columbia, cBABc, or their respective members.


Five British Columbia articling students vol-unteered to (anonym-ously) answer questions about their experience

over the articling year. The an-swers were overwhelmingly posi-tive and busted the myths that have been floating around law school hallways. The best of the answers are below:

WHAT exPeCTATioNS DiD you HAVe GoiNG iNTo youR ARTiCLeS?“After hearing many articling (horror) stories from friends who had graduated before me, I went into articling expecting the worst; long hours, feeling overwhelmed and stressed and wondering if I had made the right decision by go-ing to law school.”

“Going into articling I almost expected it to be a natural pro-gression from law school in that I would slowly gain substantive knowledge in a number of specific subjects and start to feel prepared to set out as a lawyer. Before artic-ling, I had never even worked in an office environment before, so I did not have many expectations in terms of what the actual day-to-day work would be like.”

ReFLeCTiNG oN youR exPeRieNCe, DiD iT MeeT youR exPeCTATioNS?“I am happy to report that my experience was far more positive

than what I expected! I have really enjoyed articling; I had great men-tors who were genuinely concerned that I have the best articling experi-ence possible. They made every ef-fort to give me challenging work and were sure to give me con-structive and positive feedback. I expected to work 12 hour + days, but was happy to discover that prac-tising law in Victoria is quite a bit more laid back than Vancouver and Calgary.”

“One thing I was not prepared for was how different the as-signments I was given were from those in law school. I always took for granted how the lim-ited nature of the subject matter covered in a final exam or an es-say made it a lot easier to figure out how to approach a particular issue. Once articling began, just figuring out which textbook to open first was a challenge. How-ever, I feel that getting the chance to closely study interesting topics in school gave me the analytic-al skills required to address un-expected issues and tasks.”

DeSCRiBe A PoSiTiVe exPeRieNCe THAT you HAD DuRiNG youR ARTiCLeS“My principal recently sent me to meet with an expert we have re-tained for an upcoming case. My

role was to support him and pro-vide legal guidance as he met with other engineers who had been re-tained by opposing counsel. It was really nice to know that my prin-cipal trusted me to take that kind of a role.”

“One of the positive experiences I had was getting to make a film for a comedic skit that articling students and new lawyers at my firm have to put on as a ‘rite of passage.’” Working together on something totally unrelated to law provided much-needed perspec-tive in the middle of what can feel

like a long year. My articling experience definitely would have been a lot more dif-ficult without having the chance to get to know other students and lawyers who were just starting out and who had as many questions and uncer-tainties as I did.”

NAMe oNe THiNG youR FiRM oR PRiNCiPAL CouLD HAVe DoNe To MoST iMPRoVe youR ARTiCLiNG exPeRieNCe “I would have liked to have had more courtroom experience, how-ever I know there will be plenty of time for this in the future.”

“Honestly, I have nothing to compare my experience to directly and from what I hear while I have been working very hard, that is par for the course and the people in my office are generally very supportive and approachable.”

“Sit and have a drink and a chat more often.”

ChRIStInE MuRRAY

feature

A year in the Life of Articling Students Want to know how they really feel?

Family Lawyer christine Murray practises at Hart Legal.


sectionsPensions and Benefits Law

uMr. Sweatman discussed the history of pension reform in

B.C. and Canada, specifically addressing the B.C.-Alberta Joint Expert Panel on Pension Standards mandate to independently review pension standards in the two prov-inces. Issues canvassed included pension coverage, costs, complex-ities and legal risks. Political and legislative nuances and uncertainties have slowed the implementation of pension reform initiatives in B.C. and Alberta. Regulatory Guidelines, including Canadian Association of Pension Supervisory Authorities Funding Policy, must be reviewed with caution as Plan Administra-tor actions in compliance with the Guidelines may attract liability should the implemented policies not be followed. Mr. Sweatman sum-marized the pension reform progress to date as below expectations.

Legal Research

u Ms. Whittome discussed teaching legal research to non-

lawyers. The focus was on struc-turing the course in order to review basic legal research principles (such as the “Facts, Issues, Law, Analysis and Communication” (aka, the FILAC model of legal research), as well as defining principle and secondary resources, and, if there is time, a general review of the legal system and how administra-tive tribunals fit into this. Do-Ellen Hansen and Karen Leung discussed teaching legal research to summer and articling students, as well as new associates in larger law firm settings. The focus was on reviewing the materials as well as how to use them cost-efficiently.

young Lawyers-Victoria

Meeting: March 15, 2012 Speakers: Michael Lomax, Milton, Johnson; Cally Farr, Registered Clinical Counselor; Theo Schmidt, Certified Financial Planner; Aesha Faux, Brown Henderson MelbyeTopic: How to Start a Collaborative Law Practice as a young Lawyer

Legal Research

Meeting: February 22, 2012Speakers: Do-ellen Hansen, Borden Ladner Gervais LLP; Karen Leung, Davis LLP; and Carol Whittome, Moore edgar olson LawyersTopic: Panel on Teaching Legal Research

Municipal Law

Meeting: March 6, 2012Speaker: Gwendoline Allison, Valkyrie Law Group LLP Topic: An update on Recent Defamation Cases of interest

Pensions and Benefits Law

Meeting: March 14, 2012Speaker: Scott Sweatman, Spectrum HR Law LLPTopic: Pension Reform: An unsolicited Report Card

SECtIon uPdAtE

Keep Current A review of provincial Section meetings.

Ryan Ashmead (Co-Chair)


sections

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Karen mentioned that she pro-vided a five-minute, 10-question test to get their attention. Do-Ellen commented that it was difficult to obtain and maintain attention and that she uses some “scare tactics” to stress the importance of competent legal research (such as mentioning legal liability, costs, and ridicule in court). The group then had an animated discussion about the dearth of legal research courses in law schools, as well as proposing to include a legal research course in the PLTC program. Municipal Law

uMs. Allison began with out-lining the key issues around

defamation involving local govern-ments, explaining that damages in such actions tend not to be high, and that actions are usually brought by self-represented plain-tiffs as a matter of principle. Ms. Allison discussed the elements of defamation, burden of proof issues and the most commonly used de-fences in cases involving local governments, which include fair comment, truth and absolute priv-ilege. She then went on to discuss some recent cases: Boehmke v. Grant, 2010 BCSC 682; McVeigh v. McWilliams, 2010 BCSC 34; Hunter v. Chandler, 2010 BCSC 729; McVeigh v. Boeriu, 2011 BCSC 400; Marley v. Kains, 2011 BCSC 1306; and Best v. Weatherall, 2010 BCCA. The meet-ing was broadcast by live webinar, and a number of remote attendees had registered for the event. A few questions were asked by the attendees in the room at the end of the presentation. The meeting was closed by Section Co-Chair Bryan Jung who presented the speaker with a small token of appreciation.

Young Lawyers Victoria

uThe speakers presented as a group because Collaborative

Family Law (CFL) is an interdisci-plinary approach. CFL is a positive partnership between the legal and mental health fields. The speakers performed an exercise in which the audience thought of words, which describe the typical separation or divorce. Those words included ad-versarial, anxiety, hostile, scary and unpredictable. In contrast, words that symbolize an ideal separation included liberating, freeing, quick, communication, cheap, children first, cooperation, working together, trust and whole. The average length of a marriage in the 1800s was sev-en years, due to death and resulting in a lot of mixed families. Many of the issues we worry about now were issues then too. We equate divorce with death, something ter-rible and awful when it should be about a transition/change. Young lawyers can get involved in the CFL process through courses offered by the Continuing Legal Education Society and the International Acad-emy of Collaborative Professionals. The Collaborative Family Separa-tion Professionals will be holding a training program in Victoria, which will count as basic training in early June 2012. For more information regarding the training program, please contact Michael Lomax at [email protected].

For enrolled cBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional development.

SECtIon ChAIRS SPotlIght

Melanie Magnusson, Young Lawyers- Lower Mainland

Melanie is a first year call who is currently building her practice working with laird and Company where she is specializing in tax law and litigation. Melanie has taken on her first year as Chair of the Young lawyers-lower Mainland Section with crea-tivity and enthusiasm. the Section held a variety of professional development events, a Christmas social and clothing drive for Covenant house, a “speed-networking” event, and a Judges’ dinner. Melanie’s goal is to provide more opportunities for young lawyers to develop work-life balance, regional collegial networks and community involvement. her Executive is currently planning a weekly running group, an Easter Seals 24-hour relay team, a golf tournament, a pro-bono pool, and a professional mixer in conjunction with the region’s young business community.


donnA kYdd And kERRY SIMMonS

feature

in 2010, the Society of Notar-ies Public of British Columbia requested that the Ministry of Attorney General make changes to the scope of notar-

ial services. It renewed its request again in 2011.1 The proposed ex-pansion of the scope of notarial services by the Society of Notaries Public of British Columbia per-tains to the following areas of law:

eSTATe ADMiNiSTRATioN�� drafting and supervising the execution of wills that provide for the assets of the deceased to vest in the beneficiary or bene-ficiaries as members of a class where the youngest member of that class attains the age of 30 years, from the current limit to the age of majority 19 years;�� probating wills where there are no disinherited children, no challenges to proposed es-tate administration pursuant to the Wills Variation Act and the probate does not appoint more than three executors: if anyone files a legal challenge to the pro-posed estate management, the notary would cease to act;

iNCoRPoRATioN oF CoMPANieS�� incorporating simple companies and maintaining such companies in good standing by the prepara-tion and filing of standard resolu-tions and to act as the Company’s Records and Registry office;

�� filing the Company’s Annual Report; �� drafting standard resolutions for use by the Company as pro-vided in the Articles, such as provision for the Company to borrow money; and�� incorporating com-panies where the company: has no more than two shareholders, uses the standard Arti-cles of Corporation used by the Corpor-ate Registry on its electronic submis-sion site and where the shareholder or shareholders have received ad-vice from an accountant or a tax lawyer regarding the appro-priate share structure;

FAMiLy LAW�� drafting and supervising the exe-cution of pre-nuptial and co-habi-tation agreements, provided that the assets of the two parties are of equal or similar value; in the event the parties’ assets are not of equal value, the parties provide a certificate of independent legal advice, the parties are currently not married, the parties can clear-ly demonstrate the value of their assets and the parties indicate they have been offered and waive independent legal advice; and�� drafting and filing divorce or-ders, provided that the divorce

is uncontested by either spouse, there are no minor children in-volved or there is joint custody and equal access, there are no ongoing maintenance require-ments and there is an equal div-ision of assets.2

In February 2012, the Solicitors’ Practice Issues Committee (“Solici-tors’ Committee”) along with the Family Law Working Group of the CBABC made separate written sub-missions to the Ministry of Attor-ney General, expressing concerns about the protection of the public as well as access to justice issues.3

The consensus of the Solicitors’ Committee is that the notaries’ pro-posal raises more questions than it answers, including the following.�� who determines if an estate mat-ter, company matter or family matter is “simple” and thus within the notaries’ proposed expansion of powers? Certain-ly not the notaries themselves, since that would be a conflict of interest and not in the public interest. The consensus amongst the members of the Solicitors’ Committee is that few legal matters are “simple”;�� without legal training, how will notaries be able to identify, ap-preciate or address issues that may have adverse legal con-sequences for a client? There would be an inherent conflict

What you need to know

Changes Being Proposed for Notaries


for a notary to determine if legal advice to be provided by a law-yer is appropriate or not;�� is having a client sign a “waiv-er” for independent legal advice (“ILA”) sufficient and proper protection for members of the public? Does this waiver place a heavier onus on the lawyer pro-viding the ILA than the notary providing the service?;�� if a notary takes conduct of a matter that s/he shouldn’t have, what is the recourse for the client? How is the public safe-guarded in this instance?;�� does the client complain to the Society of Notaries Public of British Columbia or sue in court? Does this provide sufficient pro-tection to the public?; and �� is there sufficient insurance for notaries to cover the potential losses to clients if there are ex-panded notarial services? Who will monitor notary claims?

In rural and remote areas of B.C., a “simple” will or a “simple” incor-poration (if such a service actually exists) are a necessary part of a so-licitor’s practice. If there is an expan-sion of notarial services into these practice areas, the solicitor’s poten-tial client pool base will be negative-ly affected. This, in turn, will make it difficult for solicitors to cover the normal overhead costs associated with maintaining a law practice. There will be less incentive for law-yers to move to these communities and solicitors may retire without be-ing able to have a successor in place to take over those practices, all of which would cause a hardship, and limit the public’s access, to justice in those communities.

With respect to family matters, the CBABC’s Submission high-lighted the point that there is no element of family law which can

be characterized as “simple.” Not only are the legal issues complex, but family law matters can extend for decades from the birth of a child, through the child’s education, to the time when a party receives pensions and through to the period after a spouse’s death. Agreements and orders govern future relation-ships other than between the par-ties who made the agreement, in-cluding minor children, previous spouses, future spouses, or adult children seeking to inherit.

Family law lawyers routinely encounter clients who are misin-formed or have no knowledge at all about their rights and obligations. Sometimes clients have a self-draft-ed agreement, which may not be en-forceable or may not be in a child’s best interest or their own best in-terest. In any of these situations, it is the legal advice from a lawyer, which will change the understand-ing of the client and lead toward an appropriate agreement or order.

The Submission concluded that to assert that family law matters can be simple and to permit no-taries to expand their practice into this area effectively misleads the public. It amounts to an endorse-ment of the public making family law agreements and orders without legal advice. Such a situation will only increase the conflict, stress and expense borne by the public.

Often neglected in the discussion of the proposal to expand notarial services is the unique relationship that exists between a solicitor and a client. This degree of privacy or confidentiality in communications between solicitor and client does not exist with notaries. Not only may the public not be aware of this important difference, but notaries may not be informing the public of this fact when providing services.

In order to effect a more thorough discussion of this issue, both the So-licitors’ Committee and the Family Law Working Group recommended each of the following items.�� Notaries be permitted to join legal firms and perform services under the supervision of a lawyer. Ac-cess to justice would be served while protecting public interests. This also would alleviate the issue of the identification and accom-modation of complex legal issues, and would enable a notary to pass on a file to a lawyer within the same firm, eliminating the dupli-cation of fees to the public; and�� The Law Society of British Col-umbia be permitted to regulate notaries. Such regulation would protect the public interest through proper examinations, continuing education, insurance, experience and education requirements.

The Solicitor’s Committee also rec-ommended that the province pro-vide incentives to young lawyers to establish practices in rural and remote areas of B.C. by including them in the student loan forgiveness program, and that the CBABC and the Society of Notaries Public estab-lish a working group to investigate the public’s preference for lawyers or notaries when full risks are disclosed.

Left to right: donna Kydd, chair of the Solicitors’ Practice issues committee and Kerry Simmons, cBABc Vice President.

1 Under the Notaries Act, r.S.B.c. 1996, c. 334, notarial services are limited to administering oaths; drawing up affidavits and some wills; attesting to commercial instruments; and drawing up land title documents suitable for filing in the Land Title Office. 2 Proposed rights and Powers of the B.c. Notaries’ New Act, August 27, 2010; and Proposal from the Society of Notaries Public, October 15, 2010 3 See: www.cba.org/bc/intiatives/main/notaries.aspx.


features

i have been invited to provide some comment from the Bench on what is expected of articled students, when it is appropriate for a student to

appear in an advocacy role, and how a student might best prepare for a court appearance.

Many of the following observa-tions may seem obvious or trite. But from some of the things that occur in our courtrooms, it is evi-dent that not everyone who ap-pears before us understands what is expected or appropriate.

WHAT DoeS THe CouRT ex-PeCT oF ARTiCLeD STuDeNTS?Generally speaking, what judges and masters expect of articled stu-dents appearing in court is really no less and no different than what we would expect of lawyers who appear before us.

Articled students who appear in court should act with profes-sionalism and integrity, and must never mislead the court.

Articled students should be well prepared for appearances before the court. They should be thoroughly conversant with the pertinent facts and relevant law. And they should be respectful of the court, the par-ties, and the process.

WHAT KiND oF MATTeRS SHouLD ARTiCLeD STuDeNTS APPeAR oN?Formerly, Law Society Rule 2-43 enumerated the specific matters

on which an articled student could appear in Supreme Court: uncon-tested chambers applications, contested applications on limited procedural matters, and hearings before the registrar.

The starting point for Law So-ciety Rule 2-32.01 is quite different.

Subject to some lim-its, an articled student may provide all legal services that a lawyer is permitted to pro-vide, so long as the student’s principal or other practising law-yer ensures that the student is competent to provide the service, is super-vised as the circumstances require, and is properly prepared.

Rule 2-32.01 puts considerable onus on lawyers supervising arti-cled students. As it pertains to court appearances, the rule makes it in-cumbent on the supervising lawyer to ensure that the scope of represen-tation a student takes on is com-mensurate with her or his abilities.

Quite apart from the specific limits set out in Rule 2-32.01(2), there will undoubtedly be some matters on which a student should not appear, and it will be incum-bent on supervising lawyers to discern these.

For example, a student should not appear in court on matters where it can reasonably be ex-pected that during the hearing or

appearance, the exercise of experi-enced professional judgment will be required.

PRePARiNG FoR CouRTArticled students appearing in court must be well prepared. They must understand the factual basis of the application they are making as well as the relevant substantive law and procedural rules. Being well pre-pared takes diligence and care.

Part of being well prepared means being able to answer questions from the court. It is disappoint-ing to a judge or master to ask a

question of a lawyer or student appearing in court, and find that the person appearing does not know the es-sential factual back-ground. Apart from it being embarrassing to the lawyer or articled student when their in-adequate preparation is revealed, it can also

result in wasted time and expense. Good advocacy is based in

large measure on solid and thor-ough preparation in advance of the court appearance. Being well prepared also engenders a sense of confidence.

In general terms, a good way for articled students to prepare for chambers appearances is to sit in chambers as an observer and see how things are done.

It is also a good idea to attend a CLE session on chambers practice or read a CLE manual on the topic.

APPeARiNG iN CouRTWhen appearing in court, articled students, like all lawyers, should conduct themselves with courtesy

thE honouRABlE ChIEf JuStICE RoBERt BAuMAn

What Does the Court ex-pect of Articled Students?Chief Justice Bauman comments

ConTInUed on PaGe 20...


The legal services land-scape is changing, driv-en in no small part by the demand for more accessibly priced legal

services. Last year’s Public Com-mission on Legal Aid in B.C., led by Len Doust, QC, was one of many initiatives designed to raise aware-ness of challenges facing those try-ing to access legal services. The At-torney General’s recent green paper and ongoing review of the justice system is one of the results.

As part of a continuing effort to help make legal services more ac-cessible and affordable, the Law Society implemented new rules in September 2011 that allow articled students to provide expanded legal services to the public. Recommen-dations on rule changes that will similarly enhance roles for para-legals are in the works and expected to be before the Benchers shortly.

Under the new Rules students are allowed to provide the same legal services as a lawyer, provided the student’s principal or another practising lawyer ensures that the student is competent to provide the services and properly prepared and supervised to the extent necessary before acting in any proceeding.

As an exception, a competent and prepared student may appear in the following proceedings as counsel only with a supervising lawyer in attendance:�� an appeal in the Court of Appeal, the Federal Court of Appeal or

the Supreme Court of Canada;�� a civil or criminal jury trial; and�� a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a Provincial Court judge.

Since the authority granted to practising lawyers under s. 60 of the Evidence Act does not extend to arti-cled students, they are not permitted to act as commissioners for oaths. The Bench-ers have requested an amendment to the Evidence Act and/or a special designation of articled students as commission-ers for taking affidavits. The Min-istry of Justice is considering the request. Also, the rule changes do

not expand the roles for students enrolled in temporary articles who will continue to be governed by Law Society Rule 2-43.

The provision of legal services by articled students and paralegals de-pends heavily on proper supervision

by lawyers who are in the best pos-ition to assess whether and to what extent a student or paralegal can provide the required services.

Lawyers have always been re-sponsible for supervising staff. However, now that students can perform enhanced functions and paralegals will be able to do so shortly, the issue of proper super-vision by a lawyer becomes even more critical.

Failure to properly supervise can lead to the full range of disciplinary processes and potential sanctions. A lawyer who fails to provide proper

supervision may also face an insurance claim since the supervising lawyer is also liable for any mistakes made by the student or para-legal while under super-vision, and the financial consequences of any paid claim will affect the lawyer’s profession-al liability insurance.

Supervising lawyers must also ensure that students, paralegals and all other employees under-stand the critical importance of maintaining solicitor and client confidentiality and privilege. Communications made by or on behalf of the client to an articled student or paralegal for the pur-poses of obtaining legal advice will attract solicitor and client privil-ege and the duties that go with it (see Descôteaux v. Mierzwinski, [1982] 1 S.C.R. 860 at 873).

If you have any questions on this topic, please contact a Law Society practice advisor.

lEon gEtz, QC

Roles increased for Students and Paralegals

The Law Society im-plemented new rules in September 2011 that allow articled

students to provide certain legal services

to the public.

Changes hinge on lawyer supervision

Leon Getz, Qc is a Law Society Bencher and the chair of the Ethics committee and the Act and rules Subcommittee.


guest

While exchan-ging sex for money is legal, it is hard to do it with-

out running afoul of the law. You can’t work indoors, communicate in public about it, or engage any security staff without violating the Criminal Code. By challenging these laws, three Ontario sex work-ers have had an extraordinary ef-fect on constitutional and criminal law in Canada, and have sparked an important debate about the law’s effect on the safety and rights of sex workers. Terri-Jean Bedford, Amy Lebovitch and Valerie Scott’s case is now headed for the Supreme Court of Canada where the court will have a chance to address the effect of the laws on some of our most marginalized citizens.

The case was a total victory at first. Justice Himel of the On-tario Superior Court, in a decision grounded in evidence from Can-ada and abroad about the extreme harms faced by sex workers, held that the provisions restricting in-door sex work (or “bawdy hous-es”), living on the avails of pros-titution, and communicating in public for the purpose of prostitu-tion were unconstitutional.

Mixed results followed on ap-peal. In March 2012, five jus-tices of the Ontario Court of Appeal upheld Justice Himel’s ruling that the bawdy house pro-vision is unconstitutional because it

prohibits sex workers from work-ing in safer indoor locations. The court also held that the living on the avails provision, which pro-hibits retaining staff to improve security, is only constitutional if applied to exploitive circumstances.

However, the court was divided on the constitutionality of s. 213(1)(c) of the Criminal Code, which prohibits public com-munication for the purpose of prostitu-tion. Three Justices upheld the provision, finding that while the communication law negatively affects the physical se-curity of sex workers, the purpose of reducing social nuisance out-weighs the effect on sex workers’

safety, and therefore did not violate principles of fundamental justice. The majority’s conclusion pro-vides little hope to street-based sex workers, who are among the most vulnerable members of our society.

Two dissenting Justices would have held that the law’s harmful effects on sex workers are grossly

disproportionate to its intended purpose of reducing public nuis-ance. The dissent, exposing the con-tradictory reasoning of the major-ity, said that if the bawdy-house and living on the avails provisions can-not survive the balancing test, “then the communicating provision, with its equally serious – and perhaps worse – effects on prostitutes’ rights to life and security of the person, should not survive it either.”

Upholding the communication law means sex workers whose pov-erty and other circumstances have led them to work at street level will

continue, through their criminaliz-ation, to be subject to extreme dan-gers and harms. They will continue to be relegated to isolated and dan-gerous locations, deprived of the opportunity to take steps to screen clients and access police protection. Sex worker groups such as Van-couver’s Downtown Eastside Sex Workers United Against Violence Society, intervenors in the Bedford appeal, are hopeful that the Su-preme Court will give due weight to the serious and sometimes fatal harms caused by this provision.

ElIn SIguRdSon And kAtRInA PACEY

Sex Workers’ Rights and Bedford v. CanadaLittle protection to the most vulnerable

Left to right: Elin Sigurdson practises aboriginal and constitutional law at Janes Freedman Kyle Law corpora-tion and Katrina Pacey is a partner at Ethos Law Group LLP and the litiga-tion director at Pivot Legal Society.

While exchanging sex for money is

legal, it is hard to do it without running afoul of the law.

feature


Students at Twitti School, Zambia. For the past six years, Shelley O’Callaghan, Associate counsel at Bull, Housser LLP, has been raising money to build a school in a rural farming community in Zambia. Shelley had taught in Zambia in the early 1970s with her husband, Patrick. in 2005, she learned that former Zambian col-leagues were teaching up to 200 children, preschool to Grade 7, in shifts in their bungalow because the area had no school. Shelley formed the char-ity, Friends for Zambia Society, started visiting Zambia each year, and over the years, has raised the money to build 11 classrooms, a water well and tanks, three washroom buildings, and an administration/library building. The Official Opening of the Twitti School will take place in July of 2012.

Kathy Kendall, with her daughter Jessica, in Lao PDR. in 2009, the cBA signed a funding agreement with cidA for a two-year pro-gram: “Strengthening Access to Justice through Legal Sector development.” One of the target countries was Lao Pdr and in 2010 Kathy Kendall, a family lawyer from Kamloops with extensive experience delivering legal aid, travelled there to assist with a legal skills training program with the Lao Bar Association to improve access to justice, particularly for the poor and marginalized. She said it was humbling and an honour to work with such kind and gentle people. Kathy and Jessica developed a desire for international volunteerism in 2007 in Addis Ababa Ethiopia, where, during a five-week project at a home for HiV positive children, they delivered some of Judge Shupe’s beautiful wooden toys.

Samantha Hulme with a teacher and students in the Philippines. Samantha Hulme, crown counsel, went to the Philippines with New West-minster-based HOPE international development Agency (www.hope-international.com) on december 29. She travelled to remote, impoverished villages in Mindanao to help film the 2012 fundraising video focusing on indigenous Peoples. She was following up on the sustainable development and social justice work her mom began there 30 years ago. Samantha and her friends at the Bar have assisted with fundraising events for HOPE fol-lowing her previous trips to cambodia and Ethiopia and she’s excited about travelling across canada with HOPE this year to raise funds to support water, education, health and development projects for these communities.

What Lawyers and a Judge Do in the Community Here and abroad

The Honourable Terry Shupe in his home-based workshop. After a 36-year career on the Bench, The Honourable Terry Shupe has retired. For years, he has been making handcrafted toys in his Kamloops home workshop, for needy children all around the world. Watch this video to see him in action: www.youtube.com/watch?v=6x3cYKraNG4. He has also visited Tangalle, Sri Lanka six times to participate in the construction of houses and communities, and has been working to support construction of a trades training facility in that region. He also serves as Honorary Lieutenant colonel of the rocky Mountain rangers reserve infantry Unit in Kamloops. They have distributed his wooden toys in Afghanistan.


news&events

From B.C. to Newfoundland and the territories, the CBA held numerous events throughout April to recognize Law Day and the 30th anniversary of the Can-adian Charter of Rights and Free-doms. Activities included mock trials, career panels, citizenship courts, flag-raisings, exhibits and canine unit demonstrations, among many others.

To celebrate the Charter’s birth-day, flash mobs were held in Win-nipeg, Ottawa and London,

Ontario on April 17th. “We decided to do a dance flash mob to celebrate and bring awareness of this special anniversary of the Charter in a fun and contempor-ary way,” explained John Hoyles, CEO of the CBA.

Check out photos and videos of Law Day events – including the flash mobs – on the CBA’s Facebook page at www.facebook.com/CanadianBarAssociation. Be sure to “like” us and keep us in your newsfeed!

CBA nAtIonAl nEWS

CBA Holds Law Day and Charter Celebrations Across Canada

The Ottawa Flash Mob in action!

Ron Skolrood of Vancouver, a mem-ber of the CBA’s Working group on Proceeds of Crime, recently ap-peared before the Senate Commit-tee on Banking, trade and Com-merce to speak out on behalf of the

CBA in defence of solicitor-client privilege during the Committee’s five-year review of the Proceeds of Crime and Terrorist Financing act.

Skolrood explained that while the CBA supports the government’s

attempts to combat money laun-dering, these efforts must not inter-fere with the public’s right to consult a lawyer in confidence. \ Read the submission

http://goo.gl/ddc6a

CBA nAtIonAl nEWS

Protecting Solicitor-Client Privilege

From April 13-17, some 300 regis-trants gathered in Montreal to attend the CCCA’s back-to-back World Summit and Spring Confer-ence. These events featured top speakers Richard Susskind, Lucien Bouchard, Trevor Faure and Calin Rovinescu, among others.

During the World Summit, Robert Patzelt, QC, of Halifax was named the 2012 winner of the Robert V.A. Jones Award, in recognition of his exceptional contributions to the in-house counsel community. “Over the past decades, Robert has volun-teered in a multitude of capacities within the CBA and CCCA – in-cluding as head of CCCA – always giving 100 per cent for the benefit of the organization and the in-house counsel community,” said Geoff Creighton, CCCA Chair, of Robert.

Other highlights from the confer-ences included PD sessions on the unique needs of in-house counsel for achieving success in today’s global business environment, and the release of the results of the 2012 In-House Counsel Barometer Survey.

\ Visit the CBA Facebook page to browse photos from the events. www.facebook.com/Canadian BarAssociation

CBA nAtIonAl nEWS

CCCA World Summit and Spring Conference


This is the Conference everyone has been waiting for! Registration has already begun, so register today, because our Conference always sells out early. here is a sneak preview of who we’ve got lined up this year. �� Mingle with the Chiefs during lunch Sessions, Ethics Sessions and Closing dinner Reception – we have invited many distinguished members of the federal and Provincial Courts.�� this year’s Keynote Speaker is Bud Krogh – hear him speak on “Good People, Bad Choices, Integrity lessons from the White House.” In this session, krogh tells his story – from rising young presidential counsel, to his indictment and prison sentence, to redemption and the power of choosing what is right. he will introduce “the Integrity zone,” a conceptual model for making decisions with integrity, which krogh developed after years of White house experience, law practice, and extensive writing and lecturing. don’t miss this engaging, thought-provoking and inspirational session.

ReGiSTeR ToDAy! for more information uuu www.cbabc-conference.org

uPCoMIng EVEnt

2012 CBABC Annual Branch Conference San Francisco, California November 23-25, 2012

The only national gather-ing of Canada’s legal community, the Canadian Legal Conference (CLC), takes place in Vancouver August 12-14, 2012. Whether you’re in a firm, or are a sole prac-titioner, in-house, or government lawyer, there are many reasons to attend – here are just a few.�� Take networking to a national level. Connect with 1,000+ legal professionals from across Can-ada at breakfasts, lunches, re-ceptions, entertainment events,

late night parties, and the ever-popular at-home dinners. �� Have your voice heard by the federal Minister of Justice. The federal Justice Minister hosts a yearly dialogue at the CLC, touching on current justice issues and allowing members to raise concerns and questions. �� Earn professional development credits. Some of Canada’s top legal minds are presenters at the CLC’s PD sessions. With 15 PD programs and 12 corporate counsel workshops offered over a two-day period, attending the CLC is an excellent way to meet CPD requirements.�� Hear from thought-provoking speakers. During the CLC, you’ll hear from Wikipedia

founder Jimmy Wales, Canadian diplomat and author Robert Fowler, and critically acclaimed science writer Jonah Lehrer.�� Enjoy top musical entertain-ment. Rock out at the Monday night concert with headliner and Canadian legend Randy Bachman of The Guess Who and BTO fame. Opening for Bachman will be this year’s winner of CBABC’s Battle of the Bar Bands fundraiser.

Stay connected with the CLC through social media, using hash-tag #CLCVancouver on Twitter and liking the CBA on Facebook. Take advantage of early bird rates by registering before June 29 – visit www.cba.org/Vancouver2012 for all the details.

2012

CBA nAtIonAl nEWS

Connect @ Vancouver for a National Legal Experience


news&events

and respect. This describes a con-tinuum of behaviours, including:�� being mindful that courtroom etiquette requires appropriate formality: one judge tells me of a submission she heard that if an application was not successful “the trial would be screwed.” That sort of language and infor-mality is inappropriate;�� bowing when the judge or mas-ter enters and leaves the court-room, standing to address the court, and introducing your-self by surname and initial and spelling your surname;�� being properly attired – ties and jackets or suits for men, busi-ness attire for women;�� being on time;�� speaking politely to the judge or master as well as to court staff and opposing counsel;

�� refraining from being overly familiar with the judge or mas-ter. Comments on a judge or master’s hairstyle or clothing are completely out of line. (Yes, it has happened); and�� standing when making submis-sions and not interrupting your opponent. All objections or sub-missions are to be made to the judge or master. A courtroom conversation with the litigant or other lawyer should be in an off the record whisper.

From the first appearance in court, an articled student should strive to build with the court a reputa-tion as a well prepared and com-petent counsel whose conduct and demeanor reflects an appropriate regard for the formality and so-lemnity of the judicial process and the courtroom.

iN CLoSiNGAll judges, masters and registrars were articled students once.

We recognize that articled stu-dents are at the beginning of a learning curve, and that appear-ances in court can be nerve wrack-ing and daunting.

But also remember that as an articled student appearing in court, you are participating in a legal process and a judicial system that is one of the finest in the world.

Take pride in your professional role and in the opportunity you have to serve your client and assist the court.

ConTInUed froM PaGe 14

What Does the Court Expect of Articled Students?

FAMiLy LAW ACT PLANS

ClEBC staff is continuing to work hard to provide the B.C. legal profession with a full range of courses and information to support the transition to the new Family law act. they are planning courses and ClE-tVs, publishing a transition guide, and updating their many ClEBC family law publications. All lawyers who need to know about these sweeping changes

should plan to attend their

overview course on September 21, 2012. they will also launch their new Family law Transition Guide at the course.

DoCuMeNT BuiLDeR iN CLeBC oNLiNe PuBLiCATioNS

they have added some useful new functionality to ClEBC on-line manuals. Subscribers to two of their most popular manuals – Wills Precedents: an annotated Guide and Family law agree-ments: annotated Precedents – will notice a new “document Builder” feature. this feature helps users easily and conven-iently select sample clauses

to build a complete document (e.g., will, separation agreement, or marriage agreement). the online version of these manuals also has the chapters containing the clauses and annotations with links to case law and legisla-tion, downloadable forms and precedents, case and legislation tables, and index.

Contact ClEBC customer service at www.cle.bc.ca or 604-893-2121 for more information about their products and features.

The Honourable chief Justice robert Bauman, chief Justice of the Supreme court of British columbia.

nEWS

CLEBC Update


BRAnCh & BAR

Calendarcurrent from February 22 to May 1, 2012 legislative Update is provided as part of the CBaBC legislative and law reform program. It is a service funded by CBa membership fees, and is, therefore, provided as a benefit of CBa membership. The full version of legislative Update is now only published online and available to CBa members exclu-sively at www.cba.org/bc.

�� AUDITOR GENERAL FOR LOCAL GOVERNMENT ACT, S.B.c. 2012, c. 5 (BiLL 20)act is in force april 25, 2012�� FAMILY LAW ACT, S.B.c. 2011, c. 25 (BiLL 16)Sections 473, 475 and 478 are in force March 1, 2012�� FINANCE STATUTES AMENDMENT ACT, 2010, S.B.c. 2010, c. 4 (BiLL 6)Sections 54, 59, 60 and 62 to 64 are in force april 20, 2012 �� FINANCE STATUTES AMENDMENT ACT, 2011, S.B.c. 2011, c. 29 (BiLL 17)Sections 136 to 141 are in force april 30, 2012�� FORESTRY SERVICE PROVIDERS PROTECTION ACT, S.B.c. 2010, c. 16 (BiLL 21)Sections 25, 26, 27(5)(a), 29(1)(b), 31, 32, 33, 34, 35(1) and (3)(e), (j) and (k) are in force March 30, 2012�� FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STAT-UTES AMENDMENT ACT, 2011, S.B.c. 2011, c. 18 (BiLL 6)Sections 3 and 4 are in force March 9, 2012�� NATURAL RESOURCE COMPLI-ANCE ACT, S.B.c. 2011, c. 21 (BiLL 9)act is in force March 8, 2012�� MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 3), 2010, S.B.c. 2010, c. 21 (BiLL 20)Sections 61, 65 and 69 are in force July 1, 2012�� MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 3), 2011, S.B.c. 2011, c. 27 (BiLL 19)Sections 25, 31, 32 and 36 are in force april 1, 2012 �� MOTOR VEHICLE AMENDMENT ACT, 2010, S.B.c. 2010, c. 14 (BiLL 14)Section 5 is in force June 1, 2012 YALE FIRST NATION FINAL AGREEMENT ACT, S.B.c. 2011, c. 11 (BiLL 11)

Sections 26 to 29, 32(b) and (c) and 33 are in force

april 1, 2012

B.C. lEgISlAtIVE uPdAtE

ACTS IN FORCE

JUNE 1 Eleventh annual Battle of the Bar Bands

6 CBaBC PD Joint Seminar: The Top Ten Causes of Claims: Bumps, Potholes and Flats on the road to an accident-Free Practice

7 CBaBC Professional Development in kamloops 2012

15 The lawyers assistance Program Invites You to attend Their 12th annual Gratitude lunch

20 CBaBC – the Department of Justice Special Professional Development Event 2012

21 VBa and CBaBC 16th annual Golf Tournament

23 Provincial Council Meeting

JULY 5 New Westminster/Fraser Valley Bar Golf Tournament

diAL-A-LAWYEr FUN rUN

lAW WEEk 2012Photo credit: Simon Bursell

BArrY SULLiVAN LAW cUP


news&events

the CBA’s upcoming ClC will provide a number of education and networking opportunities for CBABC Women lawyers forum (Wlf) members. �� the CBABC Wlf will host a re-ception at the fairmont Water-front hotel, Vancouver on Saturday, August 11, 2012 from 4:00-6:00 p.m. this reception will provide an opportunity for CBABC Wlf members to meet with Wlf members from other provinces and territories,

as well as other invited guests. CBABC Wlf members will receive an email invitation to register for this event.�� on Monday, August 13, 2012, the national Wlf, in conjunc-tion with the Canadian Corpor-ate Counsel Association, will present a three-hour profession-al development course entitled “Strategies for Succeeding at difficult Conversations.”�� the national Wlf will host a reception on Monday evening,

August 13, 2012 and will present the Cecilia I. John-stone Award to a woman lawyer who has achieved professional excellence in their field and influenced, supported, or opened doors for other women lawyers.

these events also mark the beginning of the 10th year of operation for the CBABC Wlf, which was first launched by the CBABC in June 2003.

nEWS

WLF Events at the CBA’s August 2012 Canadian Legal Conference (CLC)

the lawyer Referral Service operators were recently asked the question, “Why should lawyers sign up for the lawyer referral Service?” and they replied, “Why wouldn’t they? The program is free to join and provides lawyers with client referrals in their specific area of law. The CBaBC promotes this public service year-round to resi-dents throughout B.C. There are more than 2090 lawyers participating in the program resulting in more than 35,000 referrals a year. Be part of the movement and get involved! Call the lawyer referral Program at 604-687-3221 or 1-800-663-1919.”

SERVICE

Lawyer Referral Service (LRS) A group of nine young

lawyers recently visited the CBA National Office in Ottawa after complet-ing six-month internships with the CBA’s Young Lawyers International Program (YLIP).

The group was in town to debrief and share its experiences in the program. With funding from the Canadian Inter-national Development Agency, YLIP last year

sent 19 young lawyers to legal organizations in South Africa, Kenya, Namibia, Colombia, and Guyana with the overall goal of expanding human rights in these developing nations.

While the YLIP links international human rights organizations with talented young lawyers looking to make meaningful contributions abroad, it also gives new lawyers a chance to gain unparalleled work experience in the human rights field.

\ To learn more about the program and view photos from the lawyers’ trips, visit www.cba.org/CBA/IDP/yiip/.

CBA nAtIonAl nEWS

Young Lawyers International Program

cBA YLiP interns, L to r: Mathieu delorme, Heather Wojcik, Erin riley, Gloria Song, Joseph chedrawe, Allison Thomas, Hart Shouldice, Eleonora dimitrova, Alison Hopkins


lAW foundAtIon of BRItISh ColuMBIAlAW foundAtIon of BRItISh ColuMBIA

grantsapprovedContinuing Programs and Projectsthe Board of governors of the law foundation of B.C. met on March 31, 2012 and approved funding for a number of continuing programs and projects.

Chair Margaret Sasges is pleased to announce that funding totalling $5,544,702 was ap-proved for 41 programs and projects:

Funding totalling $5,050,512 was approved for the following 22 continuing programs: CoMMuNiTy LeGAL ASSiSTANCe SoCieTy $594,950 operating Expenses $395,500 Poverty law Services $140,000 Community Advocate Support line$575,000WeST CoAST eNViRoN-MeNTAL LAW ASSoCiATioNPrograms and Environment-al dispute Resolution fund$535,480B.C. PuBLiC iNTeReST ADVoCACy CeNTReoperating Expenses$405,000ACCeSS PRo BoNo SoCieTy oF B.C.Major Programs$359,800uNiVeRSiTy oF ViCToRiAlaw Centre Clinical Program$297,490TeNANT ReSouRCe AND ADViSoRy CeNTRe SoCieTytenants’ legal Advocacy Program$288,640PeoPLe’S LAW SCHooL SoCieTyPublic legal Education Program$280,600B.C. LAW iNSTiTuTelaw Reform Program

$250,000MeDiATe BC SoCieTyMajor Programs$184,650WeST CoAST DoMeSTiC WoRKeRS’ ASSoCiATioNlegal Advocacy Program$167,550WeST CoAST LeAF ASSoCiATioN litigation and law Reform Program $112,500B.C. CeNTRe FoR eLDeR ADVoCACy AND SuPPoRTlegal Advocacy Program$110,000PoVNeT SoCieTyPovnet Program$75,000BATTeReD WoMeN’S SuPPoRT SeRViCeSlegal Advocacy Program$75,000DZe L K’ANT FRieNDSHiP CeNTRe SoCieTylegal Advocacy and Workshops Program$75,000 SHARe FAMiLy AND CoMMuNiTy SeRViCeSPoverty law Advocacy Program$68,752LAW FouNDATioN GRADuATe FeLLoWSHiPSfour recipients$25,000SALVATioN ARMy BeLKiN HouSePro Bono & Justice Services$20,600uNiVeRSiTy oF SASKATCHeWAN native law Centre$14,000iSLAND JADe SoCieTylegal Advocacy Program

Funding totalling $148,390 was approved for the fol-lowing 13 small projects: $15,000B.C. PARAPLeGiC ASSoCiATioN

A guide to Applying for and Managing Choice in Supports for Independent living – Module 4$15,000B.C. BRANCH oF THe CANADiAN BAR ASSoCiATioN Professional develop-ment, Ethics Program-ming, E-learning Module$15,000CANADiAN CeNTRe FoR iNTeRNATioNAL JuSTiCeInternational Justice: legal Education in B.C.$15,000JuSTiCe eDuCATioN SoCieTy oF B.C.the law Project Seminars$15,000SuPPoRTiNG WoMeN’S ALTeRNATiVeS NeTWoRK (SWAN)SWAnzine legal Infor-mation for Indoor Workers$12,000THS SoCieTy oF TRANSiTioN HouSeSEnhancing legal education for rural anti-violence work-ers through technology$12,000WeST CoAST LeAF ASSoCiATioNAccessing Equality: transformative Edu-cation for Advocates Project$10,000B.C. LAW iNSTiTuTe – CANADiAN CeNTRe FoR eLDeR LAW STuDieS2012 Canadian and International Conference on Elder law$10,000DoWNToWN eASTSiDe WoMeN’S CeNTReImproving Access to legal Information Project$10,000JoHN HoWARD SoCieTy oF THe LoWeR MAiNLANDRevising and updating A family’s guide to federal Corrections and Planning for Success

$7,500WiSH DRoP-iN CeNTRe SoCieTyPilot legal Clinic Project at WISh drop-in Centre$6,890PARKiNSoN SoCieTy oF BRiTiSH CoLuMBiAlegal help sheets for people with Parkinson’s disease (and other pro-gressive disorders)$5,000VANCouVeR iSLAND CRiMiNAL JuSTiCe ASSoCiATioNSymposium Project

Funding totalling $345,800 was approved for the following grants:$75,000ACTioN CoMMiTTee oN ACCeSS To JuSTiCe iN CiViL & FAMiLy MATTeRSAccess to Justice ProjectVANCouVeR iSLAND NoRTH WoMeN’S ReSouRCe SoCieTy$75,000 the legal Advocacy Services Centre $20,500 the legal Advocacy Services Centre – Startup Costs$75,000WATARi ReSeARCH ASSoCiATioNSystems negotiator Project$64,300GReATeR VANCouVeR LAW STuDeNTS’ LeGAL ADViCe SoCieTytransition Costs$36,000WACHiAy FRieNDSHiP CeNTReWachiay Advocacy outreach Project

\ For full details of the programs and projects that received funding, please visit www.lawfoundationbc.org.


\ WEBSItE: CBA.oRg/Pd EMAIl: [email protected]

professionaldevelopment

EMAIl: [email protected]

memberservicesSeasonal promotions and special offers to members are promoted weekly via CBABC News and Jobs. Visit the CBABC website for links to various activities and promotions on the Member Savings page from the drop down list under Membership.

\ Business Centre – Intelligent office is our newest Member Services provider in Vancouver for independent professionals seeking a flexible environment for business solutions with offices and meeting rooms available. CBA members receive a 20 per cent discount.

\ Playland/PNe – Playland is open. It is not only for children of all ages but there are other opportunities such as a Corporate BBQ to entertain your staff this summer.

\ For a complete list of registration details and requirements, please contact Professional Development Department 604-646-7866 or 1-888-687-3404 ext. 329, or email [email protected].

CBABC courses are designed to meet the needs of lawyers while still maintaining the opportunity to network, advance one’s career, practise and do business. CBABC prides itself in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2012 law Society of British Columbia reporting.

Upcoming Courses

CBABC BrAnCh WeBinArS (With in-perSon option) Practice Tips for the New B.C. Limitation act (Bill 34)

Date: June 19, 2012

Speakers: david A. Crerar, Partner, Borden ladner gervais, llP and ludmila B. herbst, Partner, farris, Vaughan, Wills & Murphy, llP

Moderator: Stuart Rennie, legislation and law Reform officer, CBABC

Location: Vancouver

CBABC BrAnCh in-perSon SeminArS in partnership with the Kamloops Bar Association – CBABC Professional Development in Kamloops 2012

Date: June 7, 2012

Speakers: Various

Location: thompson Rivers university, kamloops

Details: this full-day event will be followed by a reception hosted by the B.C. Branch of the Canadian Bar Association

in partnership with the Criminal Justice – Vancouver Section Dinner seminar – The Steven Trus-cott Story: Lessons Learned for Preventing Wrongful Convictions

Date: June 15, 2012

Speaker: the honourable Mr. Justice Marc Rosenberg, the Court of Appeal for ontario

Location: law Courts Inn, Vancouver

in partnership with the Depart-ment of Justice – ethics Seminar: When Lawyers Become Public Figures and other ethical Challenges to the Justice System

Date: June 20, 2012

Speakers: the honourable ted E. n. hughes, QC; geoffrey Plant, QC, heenan Blaikie llP; and Marvin R. V. Storrow, QC, Blake, Cassels & graydon llP

Location: four Seasons hotel Vancouver


EMAIl: [email protected]

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O N P O I N TL E G A L R E S E A R C H

www.onpointlaw.com 604.879.4280 [email protected]

L E G A L M E M O R A N D A

FA C TACPD RESEARCH VIDEOS Lawyers helping lawyers for over 12 years.

Sometimes, your next move is obvious.

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barmovesSPACE IS At A PREMIuM And AVAIlABlE on A fIRSt-CoME

fIRSt-SERVEd BASIS So SEnd YouR BAR MoVE (MAx. 30 WoRdS) And Photo to [email protected] noW.

Koml Kandolahas joined the health Employers Association of B.C. (hEABC) as Industry lead, health Authority Services. Previously, she practised labour and employment law with heenan Blaikie.

Terry Honcharukis now Industry lead, health Authority Services with the health Employers Association of B.C. (hEABC). Previously, he was director, legal Services & Privacy officer at unItE hERE, local 40.

Jonas McKay has joined the Vancouver office of Spectrum hR law llP. his practice will focus on employment and labour law.

Christopher Mackiehas opened a criminal-defence firm in Victoria in association with Stephen n. Suntok, known as Suntok Mackie Barristers-at-law. he also maintains his unique practice in heraldic law.

Kathleen Randhas recently commenced articles at koffman kalef llP. She completed her J.d. at the university of Alberta and will be called to the B.C. Bar in early 2013.

Lori Kennedy is now practising family law in kelowna, having relocated there from Edmonton.

Stephen Burri has left Miller thomson llP to continue serving clients throughout B.C. and Alberta through his solo IP boutique, Island IP law.

Stephanie Streatjoins the Vancouver office of fraser Mil-ner Casgrain (fMC) llP as an associate in the firm’s Construction/Infrastruc-ture/P3 group with a focus on Con-struction litigation. Streat previously worked in fMC’s Edmonton office.

Anukiran K. Klar has joined the Quay law Centre office in kelowna, B.C. her work focuses on family law, wills and estates.

Russell S. Tretiak, QChas opened a Quay law Centre branch office in kelowna, B.C. Russell will also be serving clients in the greater Van-couver area. his practice is confined to family law and representation before professional regulatory bodies.

Who’s Moving Where and When

newmembers

Regular Member

Marius AdomnicaJason B. Gratl VancouverSumit AhujaMacLean Family Law Group VancouverKanchan DhahanCampbell Burton & McMullan LLP LangleyKaren Gilmore FDC Capital Partners Inc. VancouverHong Guo RichmondRina Jeyakumar BurnabyAnukiran K. KlarQuay Law Centre New WestminsterJonas A. McKay Spectrum HR Law LLP Vancouver

Articling Students

Robin u. Bennett Harper Grey LLP VancouverNeil Cave B.C. Securities Commission VancouverArshinder S. DhillonBurnabyKara M.C. DuncanKing Sutton Sadlemyer NanaimoPamela Anne Johnson Fulton & Company LLP KamloopsConrad J. Murphy Collins & Cullen VancouverArif S. Nuraney West VancouverAmitis Panahi Vancouverian Ramage Vancouver

Kerin K. SeikhonKrentz & Hedman AbbotsfordAlia M. Sonji Goodwin & Mark LLP New WestminsterKatrina SriranpongSurreyFolake Victoria Thomas VancouverAndrew Valeri DuMoulin Boskovich LLP VancouverLauren WittenVancouverAlison yuleVancouver

Law Students

Amrik Singh BatthSurreyMorgan Best KamloopsBrendan Brock KamloopsBenito J. Colangelo North VancouverSamar Dehghan KamloopsLisa D’Haese CalgaryMandeep DhillonCloverdaleAleksandra DjordjevicVancouverDouglas e. Dolejsi KamloopsBlair W. Driedger KamloopsMardi J. edmunds Kamloops

March & april 2012

SPACE IS At A PREMIuM And AVAIlABlE on A fIRSt-CoME fIRSt-SERVEd BASIS So SEnd YouR BAR MoVE (MAx. 30

WoRdS) And Photo to [email protected] noW.

foR MoRE BAR MoVES go to BarTalk ONlINE

Joan young is a new partner in McMillan llP’s Vancouver office. Joan is a member of McMillan’s Advocacy and litigation group. Joan is a former advisor to the office of the Premier. Joan was called to the B.C. Bar in 1991.

Laurel Petryk is a new partner in McMillan llP’s Van-couver office. laurel is a member of Mc-Millan’s Capital Markets and M&A group. She advises on securities and corporate law matters with an expertise in mining. laurel was called to the B.C. Bar in 2000.

Christine Man is a new partner in McMillan llP’s Vancouver office. Christine is a member of McMillan’s tax group. She advises on all aspects of corporate, individual and commodity tax matters. Christine was called to the B.C. Bar in 2006.

Farzad Forooghian is a new partner in McMillan llP’s Vancouver office. farzad is a member of McMillan’s Capital Markets and M&A group. farzad’s primary practice areas are securities and corporate law. farzad was called to the B.C. Bar in 2006.

Ryan Black is a new partner in McMillan llP’s Vancouver office. Ryan is a member of McMillan’s Business law, technology and IP law groups. Ryan was called to the B.C. Bar in 2006.

\ To view all new members, including Law Students, please visit www.cba.org/bc/bartalk_11_15/06_12/membership.aspx.


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bartalk | june 2012

Documents

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