Law Matters | Winter 2011-12

ISSN 1704 – 9377

Vol. 36 No. 4 Winter 2011-2012

Law Matters | 1

E d i t o r ’s

PAGE

IN THIS ISSUE President’s Report

3

Young Lawyers

4

Back to Basics

5

What’s Happening

6

LESA - CPLED

6

View from the Bench

7

Practice Pointers

8

Is the Legal Profession on the Brink of Armageddon?

10

Unsung Hero

10

Front & Centre

12

“The Art of War” and Harvard’s Program on Negotiation

14

Judicial List

14

People & Places

15

CBA National News

16

Health Matters

17

Making the Most of the Year End Review

18

Pro Bono Law Alberta

19

Cross-Section North

20

Cross-Section South

21

Assist

21

“Lend Me a Tenor”

22

Classified et Cetera

23

Non-Profit Announcements

23

You may have figured out that each edition of Law Matters has a different theme. The theme of this edition of Law Matters is “the future of the law and the lawyers who practice law.”

What will become Dragana Sanchez Glowicki, Editor abundantly clear from reading this publication is that in order to survive in the practice of law, we will need to constantly be educating ourselves on the changing laws, as well as become very aware and diligent to keep up with how the practice of law is changing. We will need to be flexible enough to incorporate the changes into the services we offer our clients. Gone is the draconian lawyer who is a tyrant and is covered in cobwebs as he sits at a desk scribing everything out on rice paper using a fountain pen.

By Dragana Sanchez Glowicki The authors in this publication discuss forward thinking concepts such as how a lack of civility is a thing of the past, and how the new rules of court have been changed to force civility amongst the litigation sector of the profession. Furthermore, the notion that waging war is not what will gain you respect and build your practice in today’s legal world is explored. Rather, “knowing how to negotiate to solve problems, make deals, build consensus, and manage intractable disputes is a competency that is vitally needed”. Also, if you want to be indispensible to your firm and your clients, then you need to be more efficient by embracing technology and novel ways of sourcing legal work. You will also need to understand your industry, your clients, their needs, and your organization. Suffice it to say, change is all around us, and we need to welcome it and embrace it, rather than fight it.

I hope you enjoy the publication!

Contributing Authors this Issue Dragana Sanchez Glowicki Jeffrey D. Wise, QC Patty Johnston, QC Paul F. Wood, QC Gillian Marriott, QC Hon. Judge A. A. Fradsham

Birch Miller Jeremiah Kowalchuk Shekhar Parmar Hon. Judge Don Higa Wendy Matheson Terrence A. Cooper, QC

Chad J. Brown Ola Malik Anne Ferguson Switzer Dana D.J. Schindelka Shannon McGinty Donald Scott, QC

editorial committee

L-R top row: The Honourable Madam Justice E.I. Picard (Edmonton); Terrence A. Cooper, QC (Fort McMurray); Jason Schlotter (Calgary); Tony Young, QC (Calgary); and, Devin Mylrea (Calgary).

L-R bottom row: Robert Harvie, QC (Lethbridge); Michele Hollins, QC (Calgary); Shannon McGinty (Calgary); and, Gillian Marriott, QC (Calgary).

2 | Law Matters

P re s i d e n t ’s

REPORT

It has been a rewarding and successful winter for the Alberta Branch of the Canadian Bar Association.

First of all I would like to thank the members of our executive, our Executive Director and our staff for their incredible work; without which the members of our branch would not have the opportunity of all the benefits that the Canadian Bar Association offers.

We are pleased to announce that Maureen Armitage has joined our branch as the Executive Director. Maureen comes to the CBA with a great amount of experience leading non-profit associations and we are sure that she will be a very good addition to our branch.

We are all very proud of Michele Hollins, Q.C., who is the CBA National incoming 2nd Vice President. We are honoured that an Alberta representative will be the future President of the CBA. The last President of the CBA from Alberta was the Honourable Justice Cecilia Johnstone.

I would like to take this opportunity to congratulate Michele.

We are working toward putting our legal directory into an electronic format. However, I would like to emphasize that the CBA does not plan to change anything that has not been done in the past, but only wishes to change the legal directory information into an electronic format, as is done in British Columbia. This directory could then be easily updated on a monthly basis. The electronic version of the legal directory would be coupled with a printed form, upon request.

Following the Canadian Bar Association Alberta Branch Strategic Planning session, the executive has continued to implement changes to include suggestions made by Council. On a National level the CBA will be developing a new strategic plan that will include some level of commitment and participation by all of the Branches, Territories and Provinces. This will be developed over the next few months and following this every Branch would then work on how best they can use this plan to develop and tailor their specific strategies and initiatives.

The National Membership Review Committee has spent a great deal of time meeting with “Phase 5 Consulting” in order to present to the Canadian Bar Association Membership a new membership fee structure.

We are pleased that Wayne Barkauskas, one of our council members, is part of that committee and has attended at and participated in all of their meetings. The fee structure will be broken into 3 levels. The terminology has yet to be determined; however, it is basically going to be broken into a Basic Membership, a Basic “+” Certain Benefits (such as CLE and Section memberships) and a Basic Membership “+” more inclusive benefits. It is expected that each level will address different members within the CBA and their needs. It was determined that some members want just a basic membership and other members want far more than what a basic membership will offer. Given that this process was driven by concerns expressed by large firms, there is a group that is addressing that issue specifically and there is a group dealing with special interest groups, such as Judges and students. A timeline has been set out with recommendations to be presented at the National Council meeting at the Canadian Legal Conference in Vancouver in August 2012.

Our executive met with the Minister of Justice recently in order to discuss important issues that affect both the public and the Bar. We discussed access to justice, the Impaired Driving legislation, the Wills and Succession legislation and membership issues. This annual meeting continues to be regarded as an important opportunity to relay both concerns and kudos to the Government.

By Jeffrey D. Wise, QC

a report that they presented to the Cabinet Policy Committee on Finance. The Canadian Bar Association is awaiting a report from the Government.

Jeffrey D. Wise, QC

Law Day plans are continuing throughout President the Province and the CBA has received funding from the Alberta Law Foundation and the Law Society of Alberta to organize this year’s events. Law Day will take place on April 21, 2012.

We are pleased that membership numbers in Alberta are up. In 2010 our membership was 5,090 and in 2011 our membership was 5,198.

I attended the Manitoba Mid-Winter Conference on January 20 and 21, 2012. I would like to thank the organizers, the President and the executive of the Manitoba Branch for their very warm welcome. Their conference and CLE was fantastic. We have been fortunate to have a very strong relationship with Manitoba and all of the other CBA Branches within Canada.

The Alberta Law Conference took place on January 26 and 27, 2012. It was a great success. There were more than 300 individuals registered.

The educational panels received very positive reviews and the Friday morning debate, addressing the issue of “ethical oil” was a great success. The National CBA President, Trinda L. Ernst, QC, attended and spoke at the Thursday lunch. Wayne Barkauskas and Jenny McMordie; the co-chairs of the conference, should be commended for all of their hard work and creativity.

The Alberta Branch of the Canadian Bar Association and the Law Society of Alberta presented the Annual Distinguished Service Awards to members of our profession who have made outstanding contributions to the profession, the community, legal scholarship and pro bono work. I would like to congratulate the following recipients:

Michael F. Casey, Q.C. for Service to the Community Cheryl Gottselig, Q.C. for Service to the Profession David P. Jones, Q.C. for Legal Scholarship W. Laird Hunter, Q.C. for Pro Bono Legal Service

I would like to express my condolences to the families of those members of the Bar that we have lost. We are very saddened by their loss. Their contributions to the legal profession and to our community will ensure that they are never forgotten. Please take a moment of silence in their memories. a

We are pleased to announce that

Maureen Armitage has assumed the position of Executive Director of the Canadian Bar Association Alberta as of January 2012 upon the retirement of Terry Evenson

The Canadian Bar Association was invited to participate in a presentation to the Government on the Auto Insurance Minor Injury Regulation. Analea Wayne, QC, along with Derek Allchurch prepared Law Matters | 3

Young Lawyers In February of 2010, I was part of the management team at Macleod Dixon. It was from that perspective I was asked to write an article for Law Matters. The suggested topic, “Dividing the Pie Between Junior and Senior Partners”.

I would rather be subjected to the bass heavy rap songs my sons like, than pen that article. Fast forward, I am a newly appointed judge.

Would I reconsider writing on the topic? Not really. I would though state that compensation is a sensitive topic and factors vary among firms. However, when individuals comment on compensation and claim “It’s not about the money”, I call b.s. Of course it’s about the money, always has been, always will be.

I was then given ‘creative authority’ to write on a topic focusing on young lawyers. Given that many of my former roles focused on associates and students, the gig was accepted. What follows are simply personal observations and my “two-cents worth”.

In recent years, there has been much discussion on the premise that the present generation of young people is different than previous generations. The Gen Y/X v. Baby Boomer debate. By extension, an often made argument is that younger lawyers are different than their senior colleagues. Today’s lawyer being not as career driven, having a different work ethic and money is less important for career satisfaction. To that argument, I also call b.s.

Having graduated high school in the mid-70’s, I am clearly in the Boomer camp. Disco reigned in my era, along with big hair and wonderfully mature shows like Mork & Mindy, Love Boat and Fantasy Island ( “The Plane, The Plane”). Ricardo Montalban pitching “soft Corinthian leather” in the Chrysler Cordoba, being a fond memory. Solidly establishing my Baby Boomer credentials, let’s examine some of the “generational differences”.

1. Young lawyers have a different work ethic, ie. they are lazier. Total rubbish. Young lawyers are just as hard working as their senior brethren. Laziness is not restricted to any generation of lawyers. Today’s lawyer is motivated to succeed, to do a good job and assist their clients.

By Hon. Judge Don Higa way more interesting than us. We should be thankful our profession attracts these individuals.

Loyalty is gained when efforts are valued, the individual is respected, friendships with colleagues develop and compensation is fair. When that occurs, loyalty follows. FacHon. Judge Don Higa tors contributing to loyalty are no different than in years past. It is the responsibility of partners to develop loyalty. However, it may not be in the interests of a young lawyer to stay with a firm, when factors generating loyalty are absent.

6. Young lawyers do not appreciate the business realities of a law practice. That may be true to some degree. Young lawyers may not be aware of the financial pressures lawyers face. That partners have to ante their own money to finance a practice and are subject to the risks of the economy, is often unappreciated. Firms care about their employees and try to do what is right and fair. However, young lawyers need to appreciate that law is a business and often, difficult business decisions have to be made.

Unfortunately, the business aspects of law are not addressed in law school. Furthermore, young lawyers often are not provided with meaningful information and training by their firms, so they can fully appreciate the business aspects of law.

Another topic is somewhat related to the business realities of law.

Firms and the profession in general are often criticized for being unsupportive of women, who face the challenge of developing their careers and raising a family. Clearly firms and the profession need to address these issues. We need to keep women in the profession and specifically, in private practice. We have to ensure women lawyers do not leave because of unsupportive firms.

2. Young lawyers seek a better work-life balance, ie. they are lazier.

See response to work ethic. How is it a bad thing to do good work and want to spend time with family and friends, to enjoy life. Personally, I would rather have a client mad than my spouse.

However, the responsibility to address these issues is not solely that of law firms and the profession. It is also the responsibility of the entire family unit, including the male component to do his part. When I hear of the challenges faced by mothers of younger children, often those comments are accompanied with expressions of other factors.

Frequently, those factors are that the partner does not help out, travels frequently, or his work responsibilities are significant.

3. Young lawyers are not as motivated by money. Right, and 17 year old teens do not use fake ID’s to get into bars. Show me any generation where money is not important. However, young lawyers are also motivated by respect, learning, mentoring and having opportunities to develop their legal skills. It is the responsibility of older lawyers to provide all of this and younger lawyers to seek it.

Again, firms and the profession need to address issues relating to women leaving the profession. Firms need to make accommodations, to allow mothers to continue working while raising families. However, the responsibility goes both ways and it is unfair to criticize the efforts of employers, when some of the issues are beyond the control of the employer.

4. Young lawyers are not as client focused. See response to work ethic.

However, where students and associates (particularly in larger firms) are never introduced to the client or involved in meetings and marketing events, it can be challenging to develop that focus.

I make these comments in the context of my experiences in my former roles. Also from the experience of being a single father, who has had primary care responsibilities for two teenage boys. It is not easy to juggle both responsibilities and sacrifice and compromise is required.

However, with the support of the employer and the support and commitment of both parents, it might be more manageable than you think.

5. Young lawyers have no firm loyalty. Young lawyers are no different than older lawyers when it comes to loyalty. Reality is that the practice of law is not for everyone and holding a law degree gives one a vast number and variety of career options. Today’s lawyer is also better equipped to expand their career horizons. They are fluent in other languages, widely travelled and many have multiple degrees. Face it fellow boomers, young lawyers are talented, worldly, diverse and often 4 | Law Matters

We are blessed having hundreds of new lawyers enter the profession every year. These lawyers are talented individuals. They are interesting and worldly. They are also committed to their profession and to developing their craft. The future of the legal profession is in good hands. a

BACK TO BASICS

Punitive Tax Provisions:

Closing Loopholes or Hidden Tax Traps Practicing at Felesky Flynn offers me a unique opportunity to work in the creative and quickly evolving world of taxation. Taxation effects every man, woman, child, corporation, trust, and partnership owning property or doing business in Canada. In 2010/2011 the Federal Government reported tax revenues of $237.1 billion dollars, 47.9% of which were generated from personal income tax alone. As such, each and every one of us is a vital cog in the machinery of the state. In addition to their revenue-raising purpose, tax laws are also used by Governments to implement policy. How many times have you heard or seen the words, “Canada’s Economic Action Plan”? This is our current Conservative government’s trademark economic plan, which includes frequent amendments to our tax laws to implement fiscal and social policy objectives.

Many recent amendments to tax legislation appear to follow a theme: “closing numerous tax loopholes that allow a few businesses and individuals to avoid paying their fair share of tax.” This catch phrase was most recently used by the Department of Finance when issuing a press release introducing the 2011 Budget, entitled“Keeping Canada’s Economy and Jobs Growing Act”. However, it is my respectful submission that the severe penalties for taxpayers introduced as a component of certain proposed amendments are greatly out of proportion to the abusive tax planning the Department of Finance seeks to prevent. Further, these provisions create hidden traps for even the most sophisticated taxpayers and their professional advisors, and may serve to undermine some common investment structures used by growing businesses.

A recent example is the Budget 2011 measure that extended the antiavoidance regime that applies to Tax-Free Savings Accounts (“TFSAs”) to the holders of Registered Retirement Savings Plans (“RRSPs”) and Registered Retirement Income Funds (“RRIFs”).

When TFSAs were introduced in 2009, the Department of Finance included robust anti-avoidance rules to prevent taxpayers from taking undue advantage of the tax-free status of the TFSA. Unlike an RRSP or RRIF, where investment growth is not taxed within the plan but withdrawals are included as fully taxable income of the plan holder when withdrawn (usually after retirement), income earned in a TFSA is not subject to tax in the plan nor on a distribution to the TFSA holder.

Unlike an RRSP, you can withdrawn funds from a TFSA tax-free.

TFSAs (like RRSPs) can also make investments in certain types of private entities such as mortgage investment corporations (“MICs”), small business corporations and private mutual fund trusts. To prevent abuse, the TFSA regime includes two broad anti-avoidance concepts: the “prohibited investment” and the “advantage.”

Generally speaking, the “prohibited investment” rules impose a penalty tax equal to 50% of the fair market value of an investment if your ownership interest in that investment is 10% or greater of all investors.

The penalty tax may be refundable if the TFSA divests itself of the prohibited investment within prescribed time limits and meets certain conditions. Consider, however, that investments owned by people who

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do not deal at “arm’s length” with the TFSA holder (a nebulous tax concept) are included in determining whether the TFSA holder is over the 10% threshold. For example, if you own 5% of a class of shares in your TFSA and one of your parents or siblings also owns 5%, Chad J. Brown your 10% aggregate shareholding will result in those shares being a “prohibited investment” for your TFSA. This is an easy trap to fall into.

The “advantage” rules impose a further confiscatory tax equal to 100% of certain types of defined “benefits” realized in a TFSA, including benefits resulting from transactions that do not have “open market” terms and income diverted from the TFSA holder to the TFSA (arguably to circumvent what would otherwise constitute taxable employment income).

Note, income and capital gains earned by a TFSA on a “prohibited investment” is a deemed “advantage” and subject to confiscation under these rules. The broad definition of the “advantage” concept and the punitive tax rate (100% confiscation of the “advantage”) are obviously intended to have a significant “chilling” effect on the tax planning community, and this is understandable in the TFSA context, where income can be earned and distributed to the TFSA holder on a completely tax-free basis.

Prior to Budget 2011, however, RRSPs and RRIFs were not subject to these anti-avoidance provisions. The TFSA anti-avoidance regime will now apply to all investments held in RRSPs and RRIFs, including investments held prior to the announcement of this change in the law.

Proponents of these rules may simply suggest that if investors ensure that they do not invest in a prohibited investment they can avoid the potential application of these penalty taxes. However, this may be easier said than done, given that the rules will require practitioners to apply concepts with substantial “grey areas” (such as “open market” transactions and “arm’s length” relationships). The massive downside (being 100% confiscation of income and capital gains realized on a “prohibited investment” and 50% conditionally refundable tax on the investment capital) may make it difficult for small enterprises to raise funds from the RRSP sector.

MICs, mutual fund trusts, and small business corporations with investors (and in some cases employees) who hold shares in registered plans need to be particularly mindful of these rules, as the adverse tax consequences can be significant. Proposed transitional rules will allow RRPSs and RRIFs to divest themselves of any “prohibited investments” over a 10 year period, but an election must be filed by the plan annuitant before July 2012 to avoid the confiscatory 100% “advantage tax” on any income or capital gain realized during the transitional period.

Although these provisions were implemented for the purpose of leveling the playing field for Canadian taxpayers and promoting economic activity, they may not have the desired effect. Risk averse taxpayers, fearing the possibility of these harsh penalties, may avoid investing in MICs, mutual fund trusts and other investment structures whose purpose is to allow for pooling of investment capital or allow mediumsized businesses to attract equity investment in a cost-effective manner.

As registered plans are the most significant form of savings for the vast majority of Canadians, the inability to attract equity investments from registered plans may prove detrimental to the success of growing medium-sized businesses, which is hardly a recipe for sustained economic growth. If you enjoyed this article, please feel free to follow me on Twitter @tax_litigator or add me to your professional network on LinkedIn. a

Law Matters | 5

W h a t ’s

HAPPENING

Patty Johnston, QC

February 23: The Canadian Bar Association presents Environmental Law: Can’t See the Forest for the Trees? Understanding the Environmental Issues in the Natural Resources Sector that can Arise During Bankruptcy. Contact: Ontario Bar Association. Phone: (416) 869-1047 or 1-800-668-8900; e-mail: registrations@ oba.org; website: www.oba.org

March 15: The Calgary Bar Association presents the 2012 Queen’s Counsel Dinner, Westin Hotel, Calgary. Contact - email: qcdinner2012@gmail.com.

April 13-17: The Canadian Corporate Counsel Association presents the CCCA World Summit (April 13-15) and National Spring Conference 2012 (April 15-17), Montreal, QC. Information will be available shortly website: www.ccca-accje.org 20: The Canadian Bar Association presents the 2012 National Criminal Justice Conference: Seven, Eight, Nine: Silence, Searches and Detention, Four Seasons Hotel, Vancouver, BC. Contact Mahoganey Jones (CBA National Office). Phone: (613) 237-2925; 1-800-267-8860, ext. 189 or via e-mail: mahoganeyj@ cba.org.

26-27: The Canadian Bar Association presents the 2012 Annual National Environmental, Energy and Resources Law Summit: Environmental Issues in Business Transactions, Fairmont Waterfront Hotel, Vancouver, BC. Contact: Leslie Huard (CBA National Office). Phone: (613) 237-2925 or Toll Free at 1-800267-8860, Ext. 186 or via e-mail: leslieh@cba.org.

May 3-5: The Canadian Bar Association presents the 2012 National Immigration Law Conference, IRPA Ten Years Later: Reflections, Predictions & the State of the Law, Delta Grand Okanagan Resort, Kelowna, BC. Contact: Leslie Huard (CBA National Office). Phone: (613) 237-2925 or Toll Free at 1-800267-8860, Ext. 186 or via e-mail: leslieh@cba.org.

4: The Canadian Bar Association presents 2012 National Charity Law Symposium, Metro Toronto Convention Centre, Toronto, ON. Contact Mahoganey Jones (CBA National Office).

Phone: (613) 237-2925; 1-800-267-8860, ext. 189 or via e-mail: mahoganeyj@cba.org.

May 27-June 1: The Canadian Bar Association presents 2012 Tax Law for Lawyers, Pillar and Post Hotel, Niagara-on-theLake, ON. Contact: Leslie Huard (CBA National Office). Phone: (613) 237-2925 or Toll Free at 1-800-267-8860, Ext. 186 or via e-mail: leslieh@cba.org.

June 14-15: The Canadian Bar Association presents 2012 National Aboriginal Law Conference: Aboriginal Peoples and Natural Resources. Delta Bessborough, Saskatoon, SK. Contact: Mahoganey Jones (CBA National Office). Phone: (613) 237-2925; 1-800-267-8860, ext. 189 or via e-mail: mahoganeyj@cba.org.

Please send your notices to Patricia (Patty) Johnston, QC c/o Energy Resources Conservation Board Phone: (403) 297-4439 E-mail: patricia.johnston@ercb.ca

LEGAL EDUCATION SOCIETY OF ALBERTA - CPLED

By Paul F. Wood, QC Executive Director, Legal Education Society of Alberta Director, CPLED Program - Alberta CPLED, the bar admission training program for Alberta, was at the forefront of credentialing programs for lawyers when it was launched in 2004, and it remains at the forefront today. It is a regional program, with Manitoba, Saskatchewan and Alberta working collaboratively to deliver substantially the same program in each jurisdiction.

CPLED sits on a Competency Profile that defines the skills expected of an entry level member of the legal profession in Alberta. These core competencies were developed by experts in the field and validated through a survey of the profession probing the tasks typically encountered in the initial years of practice. The competencies are clustered in four primary domains: lawyering skills, practice & management skills, ethics & professionalism, and legal knowledge. Each of these domains defines the relevant knowledge, skills, and behaviours expected of a newly called lawyer. For example, in the lawyering skills domain, can-

didates are expected to demonstrate problem solving, legal research, writing, drafting, interviewing & advising, and advocacy & dispute resolution skills. The CPLED Program thus marks a significant departure from prior iterations of bar admission programs that targeted legal knowledge, and reflects the focus on competencies widely seen in other professions. In the legal profession, CPLED remains on the leading edge.

The CPLED Program is delivered in what is referred to as a blended learning environment. Six of the modules are delivered online: Drafting Contracts, Drafting Litigation Pleadings, Drafting Wills, Legal Research & Writing, Practice Management, and Written Advice & Advocacy. In these modules, students learn by completing assignments with the assistance of Learning Group Facilitators (LGFs). Collaboration amongst students, between students and their principals, and/or with other lawcon’t on page 7...

6 | Law Matters

VIEW FROM THE

BENCH

Clare Boothe Luce (U.S. politician and dramatist) is credited with saying that “no good deed goes unpunished”. I was reminded of the truth of that observation the other day at lunch when I enquired of a colleague about the state of the two kittens she had given as a Christmas gift to her children. These two kittens were adopted from the local humane society, and hence saved from a capital sentence. They came with all the requisite vaccinations, and had undergone the surgically enforced Hon. Judge mandatory injunction against procreation.

A.A. Fradsham As the cost of these rites of passage in the cat world was borne by my colleague, this kind act of rescuing these kittens from a premature eternal cat nap started out with an initial multi-hundred dollar slap up the side of the head.

However, they were adorable little kittens, and many of us had been able to meet them as they frolicked in their new owner’s office pending their delivery by Santa on Christmas Eve. Accordingly, my inquiry was well meant, as I was genuinely interested in how the kittens were adapting to their vastly improved socio-economic setting. I was confident that it must have reminded them of the time when members of their species were worshiped as gods in Egypt.

I was therefore surprised to learn that the other phrase, “curiosity killed the cat”, had come much closer to being the operative cliché.

As parents learn, and grandparents are bluntly reminded, houses must be “child-proofed” so as to avoid dangerous mishaps, and resultant difficult and time-consuming explanations to child welfare workers.

Similar attention to detail is also required if one acquires a new pet, particularly if the pet is a cute ball of fluff with the self-preservation instincts of a moth at a candle light vigil.

Apparently, my colleague did not transfer her considerable mothering management skills to her new kitten keeper role. As evidence in support of this conclusion, I simply refer to the fact that one of the animated fur balls (context is everything; the term “fur ball” can refer to something warm and cuddly and happy, or, if recently hacked

By Hon. Judge A.A. Fradsham

up by a grown-up cuddly fur ball, it is simply warm and moist and disgusting) fell down an open cold air return duct, only to find herself in the bowels of the house. On second thought, maybe it was the male kitten; it never did ask for directions. It matters not; what is clear is that the cat probably has an Occupational Health and Safety claim.

The sounds generated by this adventure (being a thud, followed by mewing noises, emanating from deep within what had hitherto been thought to be an un-haunted house) caught the attention of my colleague and her husband. After due consideration, it was decided to jettison plans to tell the children that the missing cat had gone off to audition for the next Shrek movie as a stunt cat (Caution to Reader: carefully enunciate if reading this aloud). Rather, it was decided that a rescue attempt was required. Now comes the most uplifting and encouraging part of the story, at least for me. It would seem that I am not the only adult male in existence who is devoid of any mechanical or construction ability. My colleague found, and married, the other one. Mind you, I cleverly married a woman who actually understands what Mike Holmes on HGTV is saying when he starts to rant about the building incompetence of ... everyone else on the planet.

So, having concluded that the kitten was trapped behind a certain piece of drywall, this Mission Implausible Squad took their entire tool collection (consisting of one screwdriver which is the maximum permitted by law for those of us statutorily deemed to be a public menace when in the care and control of any device developed since the Stone Age), and began to hack away (a technical construction term) at the ceiling. With all the fervour and good will, but with considerably less talent, of those who dig for trapped miners, my colleague’s husband, in complete violation of the terms of his mortgage and probably a couple of municipal by-laws, chipped away at the market value of their home.

After much exertion and profanity, but minimal loss of blood (none of it feline), four things happened: (1) a grand mess was created; (2) a very dirty, bewildered, but unscathed, kitten emerged, who was immediately eager to find another open air vent; (3) somewhere in the city, a drywaller’s financial fortunes looked very much brighter; and (4) the ghost of Clare Boothe Luce smiled in the happy knowledge that some truths are eternal. a

con’t from page 6...

yers in their firms is permitted. LGFs provide feedback on each submitted assignment. Each module concludes with a Competency Evaluation that requires the student to demonstrate that they have the particular competency addressed by that module. Students are provided detailed Assessment Criteria (marking guides), for each module to assist them.

Unlike the assignments, the product submitted for the Competency Evaluations must be the student’s own work. Once the Competency Evaluations are marked by Learning Group Evaluators (LGEs), students receive their grades and their marking sheets, corresponding to the point-by-point Assessment Criteria. Additionally, students are assessed on Ethics & Professionalism on five separate occasions throughout the program.

students face a Competency Evaluation, after which they receive their grades and corresponding marking sheets. We were pleased introduce contemporary, high quality videos in each of these three skills areas in the past year thanks to the Alberta Law Foundation. These videos are used in classroom instruction and are available online.

Three of the modules are delivered face-to-face: Interviewing & Advising, Negotiation, and Oral Advocacy. Typically, the first day is an instructional session that involves the use of contemporary, high quality videos produced by the Alberta Law Foundation for each of the three skills (these videos are also available online), This is followed by a learning exercise day, where the students try out the skills and receive feedback.

At the conclusion, again having been provided the Assessment Criteria,

We welcome feedback from the profession as we pursue these goals.

We also welcome the assistance of the profession in delivering the CPLED Program. Learning Group Facilitators are crucial to the success of the program in bringing their practice experience to the feedback and evaluation of our students. If you have five years of practice experience and interest in working with us and students entering the profession, we want to hear from you. a

In delivering the CPLED Program on behalf of the Law Society of Alberta, our focus at the Legal Education Society of Alberta is twofold: to provide a highly valued pre-call admission training experience and to employ an assessment process that is fair, valid, and reliable. In each of these areas, LESA continues to seek out the advice of experts and to benchmark ourselves against others in the field.

Law Matters | 7

PRACTICE POINTERS Civility: 10 Litigators to Watch Out For

(Part 1 of 2)

By Wendy Matheson

Maureen Killoran

This is an article that was first published in 2005 by Wendy Matheson, a Litigation Partner at Tory’s in Toronto. Wendy has graciously agreed to allow us to reprint her original piece. However, due to the size, we have broken it into two parts (the second of which will appear in the next edition [Law Matters Vol. 37 No. 1 Spring 2012] of “Practice Pointers”): PART I:

What is it about litigation and litigators that makes civility a constant challenge? I expect that a panel of expert psychiatrists could muse endlessly on this question.

Anne Kirker, QC Nevertheless, I can turn to my own experience and that of some of my colleagues to identify 10 types of uncivil litigators that you may encounter in your practice. These categories are not mutually exclusive; you may come across litigators with one or more of these characteristics. You may even recognize some of these characteristics in yourself.

Are you dealing with a showoff or a fair-weather practitioner or a litigator who fights fire with more fire? Whoever it is, you may find it easier to deal with the person if you recognize the characteristics of the following types of litigators.

1. The Rambo Litigators The Rambo type is characterized by “I am litigator. I go to war.” The concept of professionalism is foreign to these litigators. They use rudeness as a weapon, and show disrespect in court as if it were a sign of strength.

A variation on the Rambo litigator is the person who has read only one line of the Rules of Professional Conduct – the part that says you should be a zealous advocate for your client1 – and has thrown the rest of the Rules in the garbage.

• •

and so on, and so on... and before you know it, you have an all-out war in which each side thinks the other is the instigator.

For some people, all it takes is one “govern yourself accordingly,”2 and the letter war is on.

If you are engaging in a letter war or, even worse, an email war with opposing counsel, think about whether the above pattern is the cause, and break the pattern. Choose not to escalate. There is a good chance the other side will not escalate either.

3. The Showoffs Showoffs behave civilly when dealing with you on the telephone or in person, and then write zinger letters that bear little or no relationship to your discussions, copying their clients, presumably to impress them.

One of my colleagues got a letter from opposing counsel that read: “Your arrogant and block-headed attempt to bludgeon opposing counsel into submission with Rule 57.07 … provided my client with a nice bit of entertainment.”

This can also occur in court when their client is present. These lawyers may drive you to put everything in writing. But beware of the risk of becoming a “fighting fire with more fire” litigator.

4. The Novices Novices are young and inexperienced litigators who, in the absence of training and mentoring, flail about in their practice and in court, not yet knowing how to behave. They therefore occasionally behave badly.

It is hoped they will be given guidance, rather than retribution, from other litigators with more experience.3

... To be Continued in the Next Issue of “ Practice Pointers”

1.

LSUC Rules of Professional Conduct, Rule 4.01(1) Commentary: “The lawyer has a duty to the client to raise fearlessly every issue, advance every argument, and ask every

These litigators do not understand that you can be a zealous, tough and aggressive advocate without being rude or demeaning, or engaging in sharp practice. They do not understand that nothing can be gained by unrestrained aggression in our practice and before our courts.

2.

2. The “Fighting Fire with More Fire” Litigators

3.

question, however distasteful, which the lawyer thinks will advance the client’s case ...” The commentary goes on to say that the lawyer must discharge this duty by fair and honourable means.

A phrase that serves no productive purpose, but is guaranteed to irritate most recipients.

An excellent source of guidance, in addition to the LSUC Rules of Professional Conduct, is The Advocates’ Society publication Principles of Civility for Advocates.

Litigators who fight fire with more fire may usually be civil, but allow things to escalate out of control: • one counsel does something mildly intemperate; • the opposing counsel reciprocates, turning it up a notch; • the first lawyer reciprocates in turn;

8 | Law Matters

© 2010 Torys LLP. All rights reserved.

This article was previously published in The Advocates’ Society Journal (2005), vol. 25, no. 1 and in the Ontario Lawyers Gazette (2008), vol. 12, no. 3, p. 11.

associate opportunities, calgary office McMillan LLP, one of Canada’s leading business law firms, is currently seeking associates for its Calgary office in the following practice areas:

commercial real estate We are currently seeking an associate with experience and expertise in the areas of real estate and secured financing for our Calgary office.

The Real Estate Group of McMillan LLP services a prestigious client base of developers, financial institutions, investors and governments and is often at the centre of some of Canada’s largest and most complex real estate transactions, providing innovative and practical advice on a broad spectrum of matters.

We offer a dynamic and positive work environment, at a national law firm, in which the successful candidate will work on a variety of real estate and financing matters. We offer an attractive salary/benefits package and exceptional career advancement possibilities for the right candidate. Applicants must have in the range of 3-6 years of experience, a strong work ethic, and strong professional and academic credentials.

oil & gas and corporate securities We are currently seeking an associate with experience and expertise in the areas of Oil & Gas and Corporate Securities for our Calgary office.

McMillan’s Oil & Gas Group advises clients through all stages of exploration, development and production.

The Group acts for local, national and international private and public energy, land, marketing and service companies, providing innovative and practical advice on a broad spectrum of matters. The Group is regularly involved in Canada’s largest oil & gas mergers and acquisitions.

We offer a dynamic and positive work environment, at a national law firm, in which the successful candidate will work on a variety of oil & gas and corporate securities matters. We offer an attractive salary/benefits package and exceptional career advancement possibilities for the right candidate. Applicants must have a minimum of 2-3 years of experience with industry-specific knowledge of the oil & gas industry, ideally with corporate securities experience as well, a strong work ethic, and strong professional and academic credentials.

If you are qualified for either of these opportunities and are interested in contributing to a thriving practice within a collegial and forward looking work environment, please submit a cover letter, resume and law school transcripts in confidence to: Judith Macfarlane, LLB, LLM Manager, Professional Growth and Management McMillan LLP t 778.328.1481 / f 604.893.2941 judith.macfarlane@mcmillan.ca 1055 West Georgia Street, Suite 1500 Vancouver, BC V6E 4N7 t 604.689.9111 / f 604.685.7084

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Law Matters | 9

Is the Legal Profession

on the Brink of

Some time ago, while on vacation, I missed a planning meeting of our Editorial Board. In my absence I was volunteered to review and write a commentary on a book by Richard Susskind which bears the catchy title The End of Lawyers?: Rethinking the Nature of Legal Services.

I felt somewhat “inadequate” to comment on the hypothesis that Susskind Terrence A. Cooper, QC sets out and then explains and defends in his book. Susskind is a “learned author”. On a lucky day in Court I am sometimes referred to as “a learned friend”. However, the hypothesis advanced by Susskind is an important topic and should be a top of mind issue for all lawyers.

Susskind in his book is really talking about the future of the legal profession. Our Law Society is also talking about the future of the legal profession and the Plenary Session sponsored by the Law Society at the Alberta Law Conference in January, 2012 focused on that issue.

Susskind’s book is not about Gloom and Doom. He borrows from Mark Anthony’s speech in Julius Caesar and states “I write not to bury lawyers but to investigate their future”.

I would challenge any lawyer to disagree that the winds of change are blowing in our legal profession. I recently received my 30 year pin from the Law Society and I can honestly state that the winds of change have been blowing during my entire career. However, the force of change has increased almost exponentially over the past years. If the winds are gale force now, the hurricane is on the horizon and Susskind’s book can be likened to a hurricane warning system for the legal profession.

The End of Lawyers discusses how changes in technology have impacted on the legal profession and how they will continue to do so.

He discusses what he identifies as the shift in the Legal Paradigm and predicts the commoditization of legal services as part of our evolutionary change.

I recognize that the legal services provided by a national law firm differ substantially from the services my firm provides to our clientele.

It is therefore difficult when discussing the legal profession and its future to have one uniform issue or one uniform solution. In reading

Unsung Hero - Elizabeth MacInnis, QC This feature titled “Unsung Hero” is intended to introduce a member of our profession who has demonstrated extraordinary leadership, innovation, commitment, or made significant contributions to social justice and community affairs.

We are delighted to introduce you to Elizabeth MacInnis, QC. Unlike many lawyers who might have proudly announced to their parents that they wanted to become a lawyer, Liz kept her law school application a secret from her parents. With her dad being “Spud” Moir (a Court of Appeal Justice), Liz wanted to get into law school on her own merit and not because of her family name. Well, Liz did get into law school, articled with the firm of Newson Brumlik and quickly became partner with that firm. She was one of the founding members in 1990 of the firm Weir Bowen LLP where she still practices in Edmonton today.

As a young lawyer, Liz recognized that a legal education gives you a unique opportunity to help those less fortunate. She was influenced by her dad who was very compassionate as an advocate and judge and who believed in fighting for the little guy by making sure they got a fair shake when going up against the big guy. Someone else who has had a lasting impact on her career was her partner and mentor 10 | Law Matters

of many years, John Weir. John took on many long shot cases, enjoyed challenging the “system” and championed the importance of doing pro bono work by often representing clients who could not get help elsewhere. Liz also credits Maurice Bowen, with whom she still practices, as a model for how to treat people fairly and with respect no matter what walk of life they come from. So when I asked Liz why she does pro bono work, you shouldn’t be surprised when she simply said “it’s the right thing to do”.

Today, you’ll find Liz managing a busy civil litigation practice while also providing bono legal advice to those in our society who are most vulnerable and in need of legal advice: represented adults and children who have been abused and injured. These clients often suffer abuse at the hands of others, find the legal process terrifying and often cannot and do not ask for help. They also face difficulties finding a lawyer who will help them because of the enormous time and commitment required to properly understand their affairs, articulate their legal case and pursue legal remedies which may not see a single penny paid in legal fees.

Armageddon?

CHOOSE FROM CANADA’S TOP MEDIATORS AND ARBITRATORS

By Terrence A. Cooper, QC

The End of Lawyers one might think that Susskind is writing to the large law firm. However his analysis applies equally to the boutique law firm, the small firm and the sole practitioner. In fact, the small law firm and sole practitioner may be better able to adapt to change and implement some of the survival strategies he discusses for our profession to evolve and remain relevant.

In closing I would like to quote a few lines from Susskind:

The Hon. John C. (Jack) Major, C.C., Q.C.

The Hon. Willis E. O’Leary, Q.C.

The Hon. John S. Moore, Q.C.

Harold W. Veale, Q.C.

E. David D. Tavender, Q.C.

Clint G. Docken, Q.C.

The future for lawyers could be prosperous or disastrous. The arguments and findings of this book can support either end game. I predict that lawyers who are unwilling to change their work practices and extend their range of services will, in the coming decade, struggle to survive. Meanwhile those who embrace new technologies and novel ways of sourcing legal work are likely to trade successfully for many years yet.

Is this the Armageddon for lawyers Virginia? I think not. I believe that our profession, which is sometimes referred to as the second oldest profession, will survive. I also believe that we are facing one heck of a ride.

I would urge you to read Susskind’s book, The End of Lawyers?: Rethinking the Nature of Legal Services. Perhaps you will embrace technology and download it to your e-reader. a

But Liz has always found it important to do precisely this kind of work and her firm has stood behind her. This proves that lawyers in private firms can balance the business of running a law firm with a commitment of helping those who cannot help themselves. Liz carries on the proud tradition of her role models by providing legal services for free or for a reduced fee to those who really need help.

Lawyers in this province should be proud of their pro bono work which involves a vast range of legal services. From 2010 to 2011 it is estimated that Alberta lawyers volunteered nearly 187,000 of pro bono hours which amounts to 54 hours per lawyer. There are many reasons to do pro bono work and every lawyer has their own, but the reason Liz gave me sounds pretty good – doing pro bono work might just make you a better person.

Also a member of ADR Chambers Alberta Panel:

We celebrate Liz’s achievements -- Liz is an “Unsung Hero” -- and she represents some of the finest qualities of our profession. a

The Hon. Ernest Marshall, Q.C.

Article Written by Ola Malik If you know a lawyer who deserves to be recognized, please send us an e-mail to newslet@cba-alberta.org with the lawyers name and the reasons why you believe they are an “unsung hero”. The only formal requirements for nomination are that our “unsung hero” be an Alberta lawyer and CBA member.

Graham Price, Q.C.

80 0 . 8 5 6 . 5154 a d rcham be r s. c o m con t acLaw t@Matters ad r.| 11c a

F r on t & C e n t re Annual Junior Lawyers (North) Meet the Bench Reception

CBA Alberta President Jeff Wise, QC with attendee Justin Kingston

2012 Alberta Law Conference, Westin Hotel, Calgary 2012 Distinguished Service Awards - Presented by Doug Mah, QC, President of the Law Society of Alberta and Jeff Wise, QC, President of the CBA Alberta Branch

Terry Evenson and ALC Co-Chair Jenny McMordie David P. Jones, QC - Legal Scholarship

Cheryl Gottselig, QC - Service to the Profession

Judge Don Higa with Fred Headon, CBA National 2nd Vice President W. Laird Hunter, QC - Pro Bono Legal Service

12 | Law Matters

Michael F. Casey, QC - Service to the Community

Women Lawyers Forum, November 24, 2011

Members of the Young Lawyers Section who served dinner at the Calgary Drop-In Centre November 7, 2011

L-R: Judge Janet Franklin and Lucille Birkett, QC

L-R: Debbie Bishop with Karin Buss, WLF (N) Co-Chair L-R: Judge Wheatley, Justice Veit, and Judge Franklin

PBLA Booth, one of the many booths and exhibits at the conference

Panelists Justice Goudge and Justice Martin

“Thank you!� to all who helped make the 2012 Alberta Law Conference a huge success!

L-R: Susan Billington, QC, ALC Co-Chair Wayne Barkauskas, and LSA President Doug Mah, QC

CBA Alberta Vice-President Cyril Gurevitch, QC and CBA National President Trinda L. Ernst, QC

One of the many CLE panels lawyers attended during the conference.

Law Matters | 13

“The Art of War” and Harvard’s Program on Negotiation

By Donald Scott, QC

Donald Scott, QC

One of my favorite books includes the statement: “The true objective of war is peace.”1 This premise will be familiar for those who practice law. A long war exhausts resources, and supplies. It is therefore in the best interest of those who would engage in war to achieve peace. “There is no instance of a country having benefited from prolonged warfare.”2 The underlying idea is not to achieve peace at all costs but to instead consider the objective of the conflict and the allocation of resources that are expended in

the process.

I have read the Art of War by Sun Tzu many times and when a new lawyer joins my firm they receive a copy as mandatory reading. Sun Tzu is one of the earliest writers to advocate for a strategy of winning while remaining intact, that is to say winning when possible without actually fighting.3 I interpret that principle of Sun Tzu as embracing the idea that the more one depletes their resources and strength to win a war the more weak, exposed and vulnerable they become. Sun Tzu has, in my view, put forward one of the earliest theories advocating a philosophy of conflict management and resolution with the primary aim being to remain intact.4 I have often heard Lawyers use the term “war” to describe elements of their professional practice. There was a war to be waged for a client or over an issue. I would argue that the philosophy of conflict has until been one of the fundamental values underlying legal education and the rules of litigation. A shift has occurred.

Harvard, which is the oldest continually-operating law school in America , has a program focused on negotiation. This from a school which historically produced not only Presidents but many of the world’s foremost litigators. The program has existed since 1983 and explores the dichotomy of why some issues result in war while others are resolved peacefully. The program’s course description indicates that: “There will always be conflict. In fact, many remark ruefully that conflict is a “growth industry. Knowing how to negotiate to solve

problems, make deals, build consensus, avoid violence, and manage intractable disputes is a competency that is vitally needed in the world.”5 The fact that one of the leading law schools in North America has a school of negotiation is in itself a sign of the legal education transition which has occurred with a shift from a philosophy of conflict to one of resolution.

The concept of winning while remaining intact has in my view also become an entrenched value in the Alberta Rules of Court. This is most fundamentally demonstrated under the section entitled “Purpose and intention of these Rules” and in particular rule 2 (c) which is to “encourage the parties to resolve the claim themselves, by agreement with or without assistance as early in the process as possible.”

The concept of winning while remaining intact is not only a trend but has now become an entrenched philosophy. The war is now won by practicing law in a manner where the client succeeds at resolving conflict productively and without destroying themselves or the goals that are in issue. From trends in legal education to the shifting Rules of Court the objective of achieving peace while remaining intact is a fundamental value. a 1.

2.

3.

4.

5.

This quote is often attributed to the philosopher and military strategist Sun Tzu but appears in the forward of James Clavell, ed.

The Art of War, Sun Tzu (New York: Delta, 1983) ibid Robert L. Cantrell, Understanding Sun Tzu on the Art of War, (Arlington, VA.: Center for Advantage, 2003). ibid Susan Hackley & Robert Mnookin, “Welcome to the Program on Negotiation (PON)”, online: Program on Negotiation at Harvard Law School <http://www.pon.harvard.edu/about/>

Judicial List Court of Queen’s Bench Mr. Justice Ernest A. Marshall (Edmonton) has retired as of January 13, 2012.

Provincial Court Gordon K. Wong, Q.C., was appointed Judge of the Provincial Court of Alberta (Calgary Criminal), effective December 12, 2011.

Calgary Law Firm seeking lawyer Family Law experience preferred Please forward resumes to: Tamasine Davies, QC tdavies@sobyboydenlenz.com sobyboydenlenz.com 14 | Law Matters

Judge Darlene R. Wong (Edmonton Provincial Court) has been reappointed as a part-time judge, effective January 4, 2012.

Judge Kenneth D. Hope (Edmonton Provincial Court) has been appointed as a supernumerary judge, effective February 1, 2012.

Judge Gerard M. Meagher (Calgary Provincial Court) has been appointed as a part-time judge, effective February 1, 2012

People & Places Please send us your news! peopleplaces@cba-alberta.org Calgary: Karen Hall has moved to Williams Energy (Canada) Inc. Toby Austin has joined Maxim Power Corp. David Andrews is now at the Public Prosecution Service of Canada. Colleen Beatty has joined Miller Thomson LLP. Laura Brocklehurst has moved to Sawers McFarlane.

Pauline Chan has moved to Snamprogetti Canada Inc. Shawn Christensen has joined ConocoPhillips Canada. Robert Enns is now at Stemp and Company. Field Law LLP is pleased to add Tiffany Franklin to their team. Joni Funk has moved to Davis LLP. Jennifer Hanna has joined Gowling Lafleur Henderson LLP. Emeryll Gumapas is now at Talisman Energy Inc. Brian Gibson has joined RBC Wealth Management Services. Karen Hall is now at Williams Energy (Canada) Inc. Joanne (Grower) Gordon has moved to Talisman Energy Inc. JoAnn Jamieson has joined Lawson Lundell LLP. Donna Maxwell is now at Siemens Canada Limited. Hugoline Morton has moved to EOG Resources. Brett Shikaz has joined Widdowson Kachur Ostwald Menzies LLP. Joseph Schuck is now at Leon Bickman Brener. Geoffrey Stenger has joined Bennett Jones LLP. Alec Silenzi has moved to Kulczyk Oil Ventures Inc. Mark Paidra is now at the Legal Aid Society of Alberta. Gary Shudra has moved to Alberta Motor Association. Peter Banks has joined Bennett Jones LLP. Amy Nixon is now at Mount Royal University. Monica Smolik at Warren Sinclair LLP, surname has changed to Niederle.

Edmonton: Kevin Fedorak is now at Robinson LLP. Alexander Witt has moved to the Edmonton Municipal Government Board. Tracy Brown is now at Robinson LLP. Jeremiah Kowalchuk has joined Field LLP. Suzanne Thomas has moved to Field LLP. Patricia Paradis is now the Executive Director for the Centre for Constitutional Studies. Kacper Jaskowiak is now at Capital Power Corporation. Rita Sumka has moved to Alberta Justice – Family Law Branch. Carol Frieser at Robinson LLP, surname has changed to Robinson.

Firms: Beryl McNeill is pleased to announce the opening of McNeill Family Law located at 200, 638-11 Ave SW, Calgary. Phone: 403-410-3845; Fax 403-410-3854. Karen Molle is in sole practice at 208, 609 - 14 St. NW, Calgary Phone: 403-483-4858; Fax: 403-262-1115. Macleod Dixon is now Norton Rose Canada LLP. Gurevitch Headon & Associates, Grande Prairie is now Gurevitch Burnham. Frieser Robinson MacKay LLP, Edmonton is now Robinson LLP. The Edmonton office of the Department of Justice Canada has relocated to EPCOR Tower, 300, 10423 – 101 Street, Edmonton. Alberta Lawyers Assistance Society (Assist) office has moved to 3400, 150 – 6 Ave SW, Calgary. Resolve Legal Group is located at 440, 318 – 11 Ave SE, Calgary. Donald Freeland and Paul Messner are pleased to announce the opening of Freeland and Messner at 255, 9913 – 100 Ave Peace River, AB T8S 1S5 Phone: 780-624-2944; Fax: 780-624-4225.

Government of Alberta, Justice and Attorney General - Notice to the Profession The Interest rate for pecuniary damages under the Judgment Interest Act has been set at 1.20% for the period January 1, 2012 to December 31, 2012.

Ray Bodnarek, QC, Deputy Minister of Justice and Deputy Attorney General

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Law Matters | 15

CBA National News Law Day 2012 marks 30th anniversary of Charter Untitled-1 1 12/9/2011 10:00:27 AM

April 17, 2012, will mark both Law Day and the 30th anniversary of the Canadian Charter of Rights and Freedoms. On and around that day, lawyers and judges will participate in programs for elementary and high school students, families, and the general public to explain the workings of the law and legal systems in Canada. Numerous activities will have a special focus on the Charter and its importance.

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In addition to the CBA’s lineup of activities, a group of University of Windsor law students have launched the Charter Project in honour of the Char ter ’s 30th anniversar y. The project’s objective is to increase awareness and understanding of the Charter through education. “They are offering online video content and educational workshops aimed at high school students,” explains Karlee Blatz.

K

Law Day Journée du droit Byron Pascoe and Jennifer Graham of the National Law Day Chair Karlee Blatz of Winnipeg University of Windsor described the online says planning for Law Day 2012 is off to a good www.cba.org/CBA/LawDay/main/ character of their initiative on the committee’s start. “We held our first call of the national November call. Currently, it contains videos of committee in November and the scope of legal pioneers and celebrities including Frank Iacobucci, Howie Mandel, activities in the works is most impressive.” Planned activities across and Rick Hansen, to name a few, describing what the Charter means to the country include lectures on the law, mock trials, courthouse tours, them. On the education side, online programs will offer basic information fun runs, open citizenship courts, and poster, photography and public about rights and responsibilities under the Charter. speaking contests.

In Alberta, activities are planned in several centres including Edmonton and Calgary on April 21, 2012. “We’re very excited about the events we are planning across the province,” says Karine De Champlain of Edmonton. “Some of these events include English and French mock trials, Citizenship Court ceremony, a public speaking competition, and an ask-a-lawyer program,” notes Robert Bourne of Calgary.

“Law Day organizers are hoping to make use of the materials developed by the Charter Project in conjunction with high school mock trials and debates,” says Karlee Blatz.

Law Day is organized by the CBA. Volunteer committees in CBA Branches are in place. To volunteer or take part in Alberta, please contact the CBA-Alberta Branch at mail@cba-alberta.org. a

Michele Hollins, QC, named incoming 2nd VP; Annette Horst to serve second term as Treasurer On December 16, 2011, CBA President Trinda L. Ernst, QC, announced that Michele Hollins, QC, of Calgary has been named the incoming CBA Second Vice-President. In addition, Annette Horst of The Pas, Manitoba, has been named CBA Treasurer for a second term.

Both Michele and Annette ran unchallenged.

Their acclamations became official at the CBA Mid-Winter Meeting of Council in February.

Having served as President of the CBA’s Alberta Branch in 2007-08, Michele Hollins, QC has been involved with the CBA for many years.

Nationally, she is the Vice-Chair of the CBA Communications Committee, and is Chair of the CBA’s CLC and Mid-Winter Review Committee. A

partner at Dunphy Best Blocksom in Calgary, Michele will become CBA president in 2014.

Annette Horst served as President of the Manitoba Bar Association (CBA’s Manitoba Branch) in 2008-09 and was national Chair of the Young Lawyers-CBA in 2006-07. A supervising attorney at Legal Aid Manitoba’s Northland Community Law Centre in The Pas, Annette is currently serving a two-year term as CBA Treasurer. In 2012 she will begin her second term as Treasurer, a role she will hold until 2015.

Trinda Ernst, QC congratulated both Michele and Annette on behalf of the CBA’s Board of Directors and staff. a

Daphne Dumont appointed to Order of Canada Daphne Dumont of Charlottetown, President of the CBA in 2000-2001, has been appointed a member of the Order of Canada in recognition of outstanding achievement, dedication to the community and service to the nation.

CBA President Trinda L. Ernst, QC, of Kentville, has been a friend and colleague of Daphne’s for many years. Trinda offered her personal congratulations, along with those of the CBA, to Daphne. “Your priorities as CBA President more than a decade ago have had a ripple effect, resulting in incremental improvements to legal aid in various Canadian jurisdictions, and more recently an awakening to the need for a new system-wide focus on 16 | Law Matters

access to justice in Canada,” noted Trinda. “Your contributions not only benefit all Canadians, but specifically women in the legal profession. You have become our role model ‘par excellence’,” she added.

In 2009, Daphne received the Governor General’s Award in commemoration of the Person’s Case. She earned her law degree at Oxford University in 1976, where she was the first woman admitted to study law at Wadham College. The third woman president of the CBA, she was the first from Prince Edward Island. Daphne was President of the PEI Branch (1986-1987) and was a member of the National Task Force on Gender Equality in the Legal Profession (1991-1993), which produced the landmark report on Gender Equality in the Legal Profession. She was named Queen’s Counsel in 1995 and was a founding member of the Women’s Legal Education and Action Fund (LEAF). a

Puppy Love

Shannon McGinty

The literal kind. The “sit on the floor and get bowled over by a pack of marauding puppies hell-bent on chaos, destruction, and cuddles” kind. “Puppy Love” is not only the inevitable title for a romantic comedy starring Reese Witherspoon, who learns how to love again, while working at a puppy day care (copyright, screenplay forthcoming).

Puppy love is also an increasingly popular part of health and well-being programs recently implemented at a number of American law schools.

Recognizing the simple correlation between puppies and happiness, Puppy Love Day, or just Puppy Day, has become a welcome respite for law students who are dealing with stress and anxiety. What appears to have kicked off the trend was an initiative born out of the heavy cloud of anxiety weighing in the air at Yale University Law School during exam time. Librarian Julian Aiken felt that students would benefit from some quality time with his beloved rescue dog and certified therapy pet, Monty. Monty was given an entry in the law library catalogue and a Library of Congress classification number, which allowed

H E A LT H M AT T E R S

By Shannon McGinty students to “check him out” for half-hour sessions. As Julian advised NPR, “librarians should be allowed one potentially brilliant but spectacularly rummy idea every decade or so, and this was mine”.

A number of other law schools, inspired by Julian and Monty, recognized the value of a little quality time with dogs to help alleviate stress and introduce a bit of cheer in an often grim environment. George Mason University School of Law partnered with a local rescue group who brought in 15 puppies from their shelter for an afternoon with law students in advance of exam time. A number of other law schools have followed suit, inviting local rescue organizations to bring puppies in for some socialization, and to remind law students of the simple pleasures in life. McGill University has also been in talks with the organization Therapeutic Paws to bring therapy pets to campus.

Health care facilities have long recognized the value of therapy pets in improving the mood of their patients. It is more recently that institutions such as law schools have considered making therapy pets and rescue puppies part of their health and well-being programs.

Numerous studies have shown the physical and emotional benefits of human-animal interaction. As noted by the Harvard Medical School, pets have been shown to help lower blood pressure, improve recovery from heart disease, and improve people’s psychological well-being and self-esteem. Incidentally, Harvard Med school’s library has added a 4 year old Shih-Tzu to its catalogue this past year where he is categorized as an antidepressive agent, an anti-anxiety agent, and animal assisted therapy.

I imagine that most law firms and employers will consider Puppy Love days a bridge too far. Hopefully Monty and the rescue puppies can at the very least serve as a bit of inspiration to law firms and other employers to introduce a little creativity and levity into their health and well-being programs. a

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Law Matters | 17

Making the Most of

The Year End Review (Part 2 of 2)

By Shekhar Parmar

In the last issue, I examined the importance of year end reviews and focused on what you should be thinking about prior to the review in order to gain the most from the process.

In this issue, I conclude with covering what reviewers need to be cognizant of when conducting reviews with in-house counsel in order to make the most of them.

Shekhar Parmar

For Reviewers: It’s All About Being “In The Know”

If you want to make the most of any conversation regarding performance or compensation, you should be well prepared. Keep in mind that most lawyers talk with each other informally about compensation and career opportunities and you do not want to be learning about the market from them during the yearly review.

Information is power and you want to make sure you know all you can about your industry, your organization and the individual you are talking to.

Know The Individual This is perhaps the most important element. Effective managers can overcome many obstacles represented by the industry and the organization by focusing on the individual. Many in-house counsel make the decision to move in-house for reasons other than money and as such appreciate when they feel valued and vested. Providing highly specific and timely feedback on a constant ongoing basis can help create a team dynamic which can withstand many challenges. Do not only wait for the yearly or quarterly reviews for discussions of this nature.

In conclusion, in order to make the most of the year end review, both parties must approach the process with an understanding of what they are hoping to accomplish and be ready to openly and fully discuss the individual’s goals and how they relate to the organization and industry as a whole. In particular, talking to a professional market observer is a great way to gain insight and be well prepared for the year end review. a Shekhar Parmar is a Director with The Counsel Network and can be reached at sparmar@thecounselnetwork.com

Know Your Industry Most in-house counsel will compare themselves to others in the same industry. Therefore, you should know when yearly reviews happen at other organizations in your industry so you can position yours appropriately. You should also know what the average annual salary increase and bonus look like at other organizations in your sector.

Lastly, you should have a good sense of where the industry as a whole is trending. Is there anticipated growth or decline? What will be the challenges or opportunities faced by your industry? Giving this some thought will allow you to speak to in-house counsel’s concerns about the industry as a whole and their career progression within it.

Know Your Organization Be honest with yourself and in-house counsel regarding your own organization. Highlight your own competitive advantages but do not shy away from the down side either. Doing this helps establish credibility and trust. Every organization has internal struggles and while you do not want to shine too much light on that, you need to address it in a fair and reasonable manner. There are always tradeoffs and if you want to retain in-house counsel for the long run, being upfront with them is very helpful. Also, be cognizant of your organization’s position within your industry. Is it a market leader or is it purposefully positioned near median for compensation purposes?

How is legal as a group treated within the organization as a whole? Are they benchmarked against other professionals or do they have their own scale? Having thought about these questions will help answer and address any concerns in-house counsel may have and help them understand their position and progression within the organization.

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18 | Law Matters

PBLA - Engaging Lawyers and Law Students

By Gillian Marriott, QC Through Innovative Projects PBLA works to support and enhance the work of the pro bono legal clinics and programs in Alberta, to expand the network of service delivery to low-income, disadvantaged Albertans throughout the province, and to increase both the number of lawyers and law firms who are providing legal services on a pro bono basis and the number of eligible individuals who receive them.

Over time we have worked to solidify relationships with pro bono clinics and to provide an open dialogue so that clinics are aware of the work being done in Alberta and beyond. PBLA has also invested considerable time and attention to enhancing the pro bono ethic in law students in both Edmonton and Calgary and solidifying relationships with young lawyers new to the field. Alberta already has a strong culture of pro bono and PBLA believes the future growth of pro bono is dependent on the involvement of law students and young lawyers who embrace pro bono as part of their career path.

Over the past two years, PBLA has been working very closely with Pro Bono Students Canada in both Calgary and Edmonton to develop projects that engage law students in pro bono service delivery. We are excited to announce the new Civil Claims Duty Counsel (CCDC) Project, launched in Calgary on October 4, 2011 and in Edmonton on January 24, 2012, in partnership with Pro Bono Students Canada (PBSC).

Lawyers from the following law firms have generously provided their support for the pilot phase: McCarthy Tétrault LLP, Borden Ladner Gervais LLP, Fraser Milner Casgrain LLP and Gowlings LLP. In Calgary, the project expanded its service on January 17, 2012 with the addition of Norton Rose Canada LLP (formerly Macleod Dixon LLP), Blake, Cassels and Graydon LLP, Bennett Jones LLP, and Miller Thomson LLP agreeing to come on board. It is anticipated that more law firms will join the project in the near future.

The goal of the CCDC Project is to provide legal assistance to low income Albertans engaged in proceedings before the Civil Claims Court who would benefit from advice from legal counsel. The CCDC clinic operates every Tuesday, Thursday and Friday with two shifts: 9:00 to 12:00 and 12:30 to 4:00 pm.

The clinic is ‘staffed’ by one lawyer and one PBSC student enrolled in the University of Calgary, Faculty of Law. PBLA provided training to volunteer lawyers in Calgary in late September and will train volunteers in Edmonton as well as provide training to the new law firm participants in Calgary.

A report prepared in early January by PBSC noted that between October 4 and December 20, 2011, 138 individuals received assistance through the CCDC Project. Summary and procedural advice frequently touched on the merits of a claim, claim filing procedure, possible defences and counterclaims, identifying causes of action, the naming and service of parties, evidence, costs, and remedies. Lawyers also assisted clients by providing instruction or by drafting documents relevant to the CCDC’s client’s claim. Lawyers have provided representation at trial at least twice, rendered legal services to clients during pre-trial conferences, and have contacted opposing parties for two CCDC clients. The majority of individuals are seeking assistance with contractual and landlord/tenant issues.

The client response so far has been overwhelmingly positive. The overall response is that the assistance received was helpful and that they were satisfied with the overall service that was provided. CCDC clients have remarked that they felt this service is “extremely valuable,” “quick, informative, and efficient,” and “awesome.”

The participating law firms also have expressed their extreme satisfaction in being involved with a project that assists so many people.

According to Borden Ladner Gervais LLP, “the volunteer lawyers have greatly enjoyed their participation and are excited about the project’s

expansion going forward. The CCDC project is a great learning experience that allows for junior counsel and articling students to gain a much needed court experience. The CCDC project also promotes access to justice for those individuals who otherwise may not be able to access this type of legal counsel and advice”.

Fraser Milner Casgrain LLP, another participating firm, stated in a recent letter to PBLA “that access to justice is a very Gillian Marriott, QC important issue for the lawyers in their firm and through the Pilot Project FMC feels that they have assisted many individuals who would not have otherwise obtained summary legal advice”.

We have also been advised by McCarthy Tetrault LLP that the “CCDC project decreases the burden on the Courts, including the burden on both the Clerks and the Judges, by helping identify the material issues between the parties and educating the parties about, for example, the procedural process and evidentiary issues”.

The PBSC students from the University of Calgary Faculty of Law view their participation in the CCDC program as an opportunity to employ the skills developed in the classroom in a practical setting. Essentially the CCDC meets the needs of unrepresented litigants who are on the courthouse steps ready to take their matter to the next level by recognizing that the litigants require assistance on an immediate basis.”

The support from law firms and students, and the positive feedback from the public is an early indication of the potential success of this project as more people become aware of CCDC through PBLA’s connection with the not for profit community, and signage and information provided at the LInC centre at the Court House. The Civil Claims Duty Counsel Projects in both Calgary and Edmonton are an innovative way to engage lawyers in a valuable pro bono project that assists many people with various legal issues. The project also provides law students with hands-on experience in working with clients in a court setting.

The Civil Claims Duty Counsel project launched in Edmonton Law Courts Building on January 24, 2012 with the following firms participating: Miller Thomson LLP, Fraser Milner Casgrain LLP, McLennan Ross LLP, Emery Jamieson LLP, and Ackroyd LLP. PBLA will be working with PBSC Edmonton chapter on this project.

PBLA would like to acknowledge the support from the Courts in both Calgary and Edmonton: most specifically Judge Norman Hess, Judge Jim Skitsko and Deputy Chief Judge Allan Lefever for their guidance and leadership. We would also like to thank the Court staff and administration for their support. The CCDC project is possible through the tremendous efforts of many people who have assisted with the development of training materials, court forms, volunteer schedules, and evaluation reports.

To thank everyone involved in this project would take up the space that the CBA allots to me for this article, but I would like to highlight the contributions of a few individuals, namely Doug Yoshida and Sarah Louw of McCarthy Tetrault LLP for their support and work on the materials; Erin Runnalls of Gowlings (wow!); Heather Treacy (congrats on the QC – very well deserved) and her team at FMC Calgary; Bruce Churchill-Smith QC and Justine Farrow of BLG Calgary; Brian Summers, FMC Edmonton; Kent Davidson QC, Miller Thomson LLP, Edmonton, John Kudrinko, Ackroyd LLP, Edmonton and Frederica Schutz QC, Emery Jamieson LLP, Edmonton: thank you for coming on board! To everyone thanks - and remember: rather than being overwhelmed by the problem let us just take one step towards the solution. Thank you from PBLA! a

Law Matters | 19

c ro s s - s e c t i o n

From the desk of Jeremiah Kowalchuk

Happy new year and welcome to 2012!

Karen McDougall

Karen McDougall and I are continuing to coordinate the north sections on the assumption that 2012 will not be apocalyptic. However, even if the doomsday people are right and the world ends on 12/21/12, there will still be CBA sections starting fresh in the fall, and it is never too early to begin recruiting volunteers to sit on the executive and any committees your section might have. Executive volunteering should be mentioned at every meeting so that section members start thinking about throwing their hats in the ring. Leaving volunteer recruitment to the last meeting of the year makes it very difficult to transition the work and makes it harder to find a good group of volunteers. Sitting on a CBA section executive or committee is rewarding work and is a relatively small time investment.

The 2012 Alberta Law Conference was held in Calgary on January 26 and 27, Jeremiah Kowalchuk and was another successful CBA event.

Congratulations to the Calgary organizing committee for an excellent program.

The next big CBA event is Law Day, which falls on April 21 this year.

2012 marks the 30th anniversary of Law Day, which is a national event celebrating the signing of the Canadian Charter of Rights and Freedoms on April 17, 1982. The purpose of Law Day is to promote increased awareness of our legal rights and responsibilities, and the operation of the justice system. These goals are achieved through information sessions, courthouse tours, and mock trials. In Alberta, Law Day programs are staged in Edmonton, Calgary, Drumheller, Fort McMurray, Lethbridge, Medicine Hat, Red Deer, and Grande Prairie.

Those of you who have attended Edmonton’s Law Day will have enjoyed the mock trials. For 2012 the program is shaping up like this: 1. Family Trial: “Super-Heroes Need Help Too” – After retiring from fighting crime to marry and raise a family, what will the Court do to help out a super-hero financially?

2. Civil Trial: “Tree House Troubles” – Building a tree house for some children may sound simple, but when Fred decided to hire ABC

N o rth

Construction, he ran into nothing but trouble. After months of waiting, the tree house is not finished and Fred has decided to have the dispute settled in Court.

3. Children’s Trial: “The Wizard of Oz” – The Wizard gave Tin Man a heart, Lion some courage, and Scarecrow a brain, or so they thought. Did the Wizard cause all the troubles and suffering that they experienced after meeting him? The jury will decide.

4. Criminal Trial: “Polly Wanna Lawyer?” – A parrot is stolen from a pet store and the accused is found close by the scene. He confesses…or does he? The criminal trial this year is a collaboration between the Crown’s office and the constitutional mock trial / moot program of the Law Day Committee. The charter issue is going to focus on s. 10(b), the right to counsel.

In addition, each year Edmonton’s Law Day Committee selects an innercity school for a bursary that is raised and collected by the committee.

The committee has selected St. Catherine Elementary/Junior High, located at 10915 – 110 Street, which provides high quality educational and extracurricular programming with a focus on close partnerships between the school, students, parents, and the community. The student population is ethnically diverse and has a large number of new Canadians, which presents an opportunity to foster tolerance and respect for diversity among its students. It also presents the school with unique challenges in providing learning opportunities and the necessary “extras” that may not be in the school’s budget. Please donate to the bursary generously!

Also upcoming is another Inns of Court Program, on a date to be determined in the spring. The last installment of the Inns of Court was held on November 15, 2011, where the general topic was “Professionalism: A Survival Guide for Junior Lawyers”. The Inns of Court Program is a unique mentoring opportunity where a discussion of interest to junior lawyers is led by distinguished members of the Bench and Bar in an informal and personal setting. Only twenty participants attend each session so sign up quickly when the notices are sent out if you want to secure a spot.

Lastly, a reminder that Laurie Brooks in the Edmonton office works hard to keep the CBA Alberta website in top form. The website can always be used to access meeting videos and materials for most of the section meetings. The website is easy to access and is very useful if you miss a meeting. a

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S outh

From the desk of Birch Miller

Happy New Year to all CBA south section members.

A recent meeting of the Privacy and Access section reminded me of the value of section meetings as Rachel St. John of Heenan Blaikie LLP’s presentation on upcoming Anti-Spam legislation touched upon a matter I had been discussing with a client that very morning. Rachel’s timely presentation saved me the time of digging into the background and basic principles of this upcoming piece of legislation, allowing me to dive right into the issue at hand.

Although it is sometimes difficult to make it to those lunchtime meetings, the knowledge gained often saves us time in the long run.

One of the sections you may not have had a chance to learn about yet is the new Sexual Orientation and Gender Identity (“SOGI”) section. SOGI’s first meeting was held in October, 2011 and focused on hate crimes and bullying. At this meeting, SOGI welcomed an interdisciplinary panel (comprised of Crown Prosecutors, a researcher from the University of Alberta and representatives of the Calgary Police Service and Alberta’s Hate Crimes Committee) which discussed the challenges of investigating and prosecuting hate crimes, internal and external programming of the Calgary and

c ro s s - s e c t i o n

Edmonton Police Services and the work of the Alberta Hate Crimes Committee.

In December, SOGI held a holiday social and member outreach event. Part of the event’s aim was to let folks know that the section is not just for lawyers who identify as LGBTQ, but also for friends, colleagues and supporters of LGBTQ lawyers and lawyers whose practices areas might overlap with LGBTQ issues. One of the topics SOGI is considering for a future meeting relates to privacy issues and social media and, in particular, “outing” through social media platforms. If SOGI sounds interesting to you, check out its upcoming events at: http://www.cba.org/ Alberta/main/Calendar/

Birch Miller

I am looking forward to attending a variety of section meetings in 2012 and hope to see a lot of you there. a Curtis Serra

Vacations are Productive

Assist

By Dana D.J. Schindelka - Chairperson, Assist Board of Directors Republished with permission by SLAW at www.slaw.ca

Over the years many in our profession have come to assume that part of the compromise we must make in order to have a robust practice includes sacrificing holidays, leisure time, and family time.

When a lawyer does go on a holiday staying in contact with work and clients by checking e-mail and voice-mail is commonly expected (either by the lawyer themselves or their clients and colleagues). I know lawyers that have taken calls and e-mails while riding a horse on an African safari or while fishing in remote and pristine arctic waters.

The longer I practice the more I question this way of thinking. I am far more productive when I am rested and rejuvenated. You likely would be also.

The profession of law has somehow led many of us to think of practicing law and generating billable time as productive and taking vacations as non-productive. The prevailing theory seems to be that the more you work the more time you can record. The more time you record the more you can bill. The more you bill the more you can get paid. People who work long hours and do not take holidays are rewarded in most legal environments. Perhaps the better theory should be that a vacation is different but equally productive time. The happier and healthier a lawyer is the more he or she will enjoy their life, part of which includes the practice of law. If you enjoy your work more and are more productive, both your life and your practice will benefit.

Dana D.J. Schindelka

On a regular basis one should keep in mind that you need to maintain your soul and mind as well as your body. So, in addition to exercising, getting enough sleep, and paying attention to a healthy diet try to ensure that you also engage in activities that are relaxing and enjoyable such as conversations with good friends, time at the spa, or reading a good book. Do whatever works for you.

However, even if you regularly do things to relax and unwind it is still important to take holidays each year.

Canada is a nation that provides limited “legal” holidays or minimum vacation days when compared to the rest of the developed world. Despite this, countless vacation days go unused each year.

Many people, for whatever reason, do not feel that they are able to or choose not to take time off. Some feel that they have too much work to go on holidays. Others feel they have to meet certain targets or are concerned about their job security. Rightly or wrongly my sense is that this problem is often more profound for those of us in the legal profession than it is for the rest of Canadians who are working away alongside us.

Try and enjoy some vacation time this year. Take a little bit longer holiday than you were intending to take. Chances are good that you will not be disbarred or fired when you return. Go somewhere new, become more courageous when it comes to local delicacies, take an adventurous trip, talk to strangers, and explore some out of the way places. You’ll be glad you did. a Assist offers professional, confidential help to lawyers and their immediate families. Assist is an independent, charitable society. For immediate access to professional help, call toll-free from anywhere in Alberta: 1-877-498-6898. To learn more about Assist, visit our website at www.albertalawyersassist.ca or contact our Executive Director toll free at 1-877-737-5508 / direct at 403-537-5508.

Law Matters | 21

edmonton’s 2011 legal community play

“Lend Me a Tenor”

By Anne Ferguson Switzer What happens when you toss three senior lawyers, a crown prosecutor, three junior lawyers and a provincial court judge into the blender of a mad opera director’s imagination? Add walk-ons by several wellknown Edmontonians, throw in a hilarious Broadway script, four months of rehearsals, an audience of 700 or so, and you have Lend Me a Tenor.

On Friday, 13 May 2011, the curtain went up on the 6th annual production by the Players De Novo in support of theatre in Edmonton. This year’s production was a fast-paced farce, Lend Me a Tenor, penned by Washington lawyer, Ken Ludwig. The Edmonton cast did it proud. Andy Hladyshevsky played Tito Merelli, a world-famous tenor known as “Il Stupendo”. Andy literally threw himself into the role, including throwing himself on the bed on so many occasions, often with others on top of him, that he cracked a collar-bone in dress rehearsal. It didn’t stop him from putting in an astonishingly physical, comic performance. Francis Price starred as Saunders, the manager of the Opera Company who hired Il Stupendo for a savethe-company, fundraising performance. Francis threatened, begged, crawled on his knees and threw himself at Il Stupendo, in a frenetic appearance as the beleaguered manager. Saunders’ assistant, Max, was played by Ed Picard. He convinced the audience to suspend their disbelief, as he was mistaken by the other characters for Andy Hladyshevsky (the real Il Stupendo). Both of them astonished and thrilled the audience with their operatic voices. Judge Diane Young was way over the top as Julia, the Chair of the Opera Guild, wearing a silver dress with hair piled high and looking like the Chrysler building. The two love (or lust) interests were played by Angela Lee as Maggie, Max’s girlfriend, and Christine Thibert as Diana, the prima donna Opera vamp, willing to do anything for a leg up in opera. While wearing significantly-reduced amounts of clothing, Diana managed to get a leg up on Tito, and Maggie got a leg up on Max - simultaneously. The

authentic Italian accent of the night was produced by Rosanna Saccomani, who played Tito’s hot-blooded wife, Maria. Picture an angry Sophia Loren in one of her earlier movies and you have the image of Rosanna’s Maria, yelling at her philandering husband. Harvey Hait’s Bellhop almost managed to steal the show. Not just a regular bellhop, but an opera-crazed bellhop with a mind (and voice) of his own, tremendous physical energy and no respect for authority. And from the radio came the sonorous tones of the CBC announcer in the unmistakeable voice of Justice Ron Berger.

There was a special appearance as “opera board members” by Edmonton’s Mayor Stephen Mandel, Justice Doreen Sulyma, Judge Percy Marshal, Brian Beresh and Analea Wayne, QC, each of them deliciously trying to outdo each other by wandering from the prepared script!

The Legal Community Play was conceived to benefit professional theatre companies in Edmonton. In the past six years, the Players De Novo have raised over $408,000 for Edmonton’s theatre community.

The theatres that have benefited are Workshop West, Shadow Theatre, Free Will Players, Concrete Theatre, Catalyst Theatre, Edmonton Opera and the Victoria School Foundation.

This year’s cast and production was so polished and professional that it had the audience in stitches from the beginning to the end. The highest compliment came from Mayor Stephen Mandel who reported to one of our cast members that he had earlier expressed some reservations about spending a whole evening with “stuffy lawyers”. He told the cast member that it was the funniest play he had seen in years.

The cast worked very hard for 4 months of rehearsals under the able direction of Brian Deedrick, Artistic Director of Edmonton Opera, and assistant director Kevin Mott. The two of them managed to perfect the speed and timing, so that all the doors slammed at the right places, and both the couch and the bed in the adjoining rooms were bouncing at the right times.

As usual the performance was followed up by a fabulous reception which gave members of the legal and theatre communities a chance to mingle, enjoy a magnificent spread of food, and hoist a glass to the success of the performance and the project.

The 2012 production will be The Musical Comedy Murders of 1940,

by John Bishop - farce meets murder-mystery! The production will be on Friday, 4th May, at the Victoria School Theatre. Mark the date and buy your tickets early. There is no doubt that, after the huge success of last year’s show, tickets will be selling fast. a

22 | Law Matters

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Resolve Legal Group is an association of independent practitioners located in the 100 year old historic Ribtor building in the new east village of downtown Calgary (440, 318-11th Avenue SE). We practice Family Law, Wills and Estates, Real Estate, and Immigration. We are looking for practitioners with a complementary practice area and/or a practice in Family Law to join our association. Office space will be available February 15, 2012. Please send any inquires to resolve.legal.group@live.ca.

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Publication of advertising in Law Matters by the Canadian Bar Association Alberta is not an endorsement of the advertiser or of the product or service advertised. No contractual or other relationship between the advertiser and the publishers is implied merely by publication of any advertisement in Law Matters.

For complete advertising information, visit cba.org/alberta.

announcements calgary legal guidance 40th anniversary fundraising dinner join Calgary Legal Guidance Society (CLG) on Thursday, February 23, 2012 for a fundraising dinner at Hotel Arts to celebrate 40 years of service as the heart of Calgary’s legal community!

Buy a ticket ($150) or a table of eight ($1,200) for your office staff and help raise funds to support CLG’s vital programs and services!

Order tickets at www.clg.ab.ca.

Thank you to the Norton Rose Ride for Kids event for raising over $50,000 for Youth Central! We also want to thank the dedicated cyclists and the generous donors and sponsors. Youth Central is a charitable non-profit organization committed to engaging youth in our community. www.youthcentral.com

The Edmonton Community Legal Centre is 10 years old. A big thank you to our staff, volunteers, funders and supporters who help us provide free legal services to low-income clients. And to Paula Simons of the Edmonton Journal for her inspiring words during our gala at the Edmonton Art Gallery, January 18. http://blogs.edmontonjournal.com/2012/01/19/shocking-news-local-lawyers-giving-away-services-no-seriously/ Foundation of Administrative Justice FOAJ is a not-for-profit society dedicated to education and training for the administrative tribunal community, its appointed members, staff and stakeholders. FOAJ is the only organization exclusively providing education in administrative tribunal matters for tribunal members and staff by those who have been in the role. Visit us at www.foaj.ca for more information and education schedule.

This text-only section is provided for non-profit organizations free of charge. To include your organization’s announcement please contact the Publications Coordinator at 403-218-4310 or newslet@cba-alberta.org.

Law Matters | 23

CBA-ALBERTA

The 30th Annual

EXECUTIVE

President

Cyril S. Gurevitch, QC

Secretary

Jeffrey D. Wise, QC

Treasurer

Law Day is an opportunity to foster public understanding of the law, the legal profession, and some of the legal institutions that form the cornerstones of our Canadian democracy. Law Day empowers the public at large through programs and activities across the province such as fun demonstration trials, courthouse tours, security and confiscated items displays, law related booths and exhibits, “Ask-A-Lawyer” programs, and High School Mock Trial competitions.

Vice President

Help us spread the word!

Saturday April 21, 2012 April 28, 2012 in Lethbridge

For more information about Law Day in your area visit www.lawdayalberta.com

Steven Mandziuk, QC

Executive Director

Past President

Law Day is a collaborative project organized by the Canadian Bar Association.

It is made possible through the efforts of hundreds of lawyers and law related professionals who donate thousands of hours of volunteer time. Thank you.

Marian V. De Souza

Analea M. Wayne, QC

Maureen Armitage

Canadian Bar Association Members Look for your copy of the

CBA Legal Directory 2012, with Lawyer, Firm, Court, Judge, Legal Service listings and more, coming to you this spring!

One complimentary copy is distributed, at no charge, to each CBA Alberta Branch member.

Another benefit of membership with the CBA! Additional copies are available for purchase from Sundog Printing: Email reception@sundogprint.com or phone 403-264-8450

24 | Law Matters

Law Matters is published by The Canadian Bar Association Alberta four times annually. Submissions are subject to approval and editing by the Editorial Committee. Law Matters is intended to provide general information only and not specific legal advice. The views and opinions expressed here are those of the writers and do not necessarily reflect the position of the publisher. Direct submissions and enquiries to Law Matters, Attention: Publications, Southern Office. Law

Matters’ e-mail: newslet@cba-alberta.org.

CBA Alberta Branch Southern Office 1725, 311 - 6 Avenue SW Calgary, AB T2P 3H2 Phone: 403-263-3707 Fax: 403-265-8581 E-mail: mail@cba-alberta.org CBA Alberta Branch Northern Office 1001, 10235 - 101 Street Edmonton, AB T5J 3G1 Phone: 780-428-1230 Fax: 780-426-6803 E-mail: edmonton@cba-alberta.org

www.cba.org/alberta