Law Matters | Summer 2011

ISSN 1704 – 9377

Vol. 36 No. 2 Summer 2011

Law Matters | 1

E d i t o r ’s IN THIS ISSUE President’s Report

3

Jeffrey Wise, 2011-12 CBA President

4

Back to Basics

5

What’s Happening

6

LESA 6 View from the Bench

7

Practice Pointers

8

Tax Planning for Professionals

10

Judicial List

11

Front & Centre

12

Conducting a Civil Trial with a Self- Represented Litigant

14

Top 10 Time Management Tips

16

Health Matters

17

Shoud I Stay or Should I Go?

18

PBLA 19 Cross-Section North

20

Cross-Section South

21

ASSIST 22 Classified et Cetera

23

People & Places

24

PAGE

As the summer comes to an end, things are just starting to heat up at the Alberta CBA offices.

We are very excited about the fact that the 2011 - 2012 Section meetings are starting up soon. Don’t forget to sign up for the Sections relevant to your practice Dragana Sanchez areas. The meetings are Glowicki, Editor not just a great way to keep up with the latest legal cases, the changes to various statutes, the new principals contained in the new Alberta Rules of Court, but, the Section meetings will also help you fulfill the Continuing Legal Education Requirements recently set by the Law Society of Alberta.

This publication of Law Matters contains several “must read” articles that are guaranteed to be helpfull to all practitioners. It does not matter what area of law you practice, or what your vintage is, Queen’s Bench Justice, R. Nation’s article titled “Conducting a Civil Trial with a Self-represented Litigant”, is extremely helpful and informative. Justice Nation provides many practical suggestions on how to run a file that will help you do your job properly, help you advance your client’s case, and help the court adjudicate the matter. It may also be a very good way to manage a file when the other side is represented, but, by very difficult council.

Likewise, Assistant Chief Judge, of the Provincial Court of Alberta, Family and Youth Division, Judge V. T. Tousignant’s article, titled “Effective Communication”, is a very good outline of Court Room decorum. It is also particularly good to review these common sense pointers each time

By Dragana Sanchez Glowicki one begins to prepare submissions for the court, and especially for chambers applications. There are times in every lawyers life, when we need to be reminded of the “common sense approach”.

Judge Fradsham’s review of the legal circumstances which Mr. Stephen (the defendant) finds himself in, with Timber (the Plaintiff ), is not only a fun read, but, a clear example of how the practice of law can sometimes be a doggy dog business. It may be wise for Timber’s counsel, I assume Timber will be represented, he is a member of the police force after all, to review Justice Nation’s article before going to trial. And, likewise, the defendant ought to review Judge V. T. Tousignant’s article, as I assume he may have a difficult time finding counsel, and may likely have to represent himself.

Chad Brown, of Felesky Flynn LLP, writes about “Tax Planning For Professionals”. Chad’s article is specifically focused on providing solid advice to lawyers as to how Professional corporation’s (PC’s) can be used to minimize tax’s, and, in Chad’s own words, “to ensure the Minister of National Revenue [fondly referred to as the tax man], does not get a penny more of your money than he is entitled to”.

If you are at the point in your legal career that you are thinking about having a PC, or, if you have had one for some time, this is a good article to read to ensure you are using all of the tax advantages provided to you by the Income Tax Act. These articles are only the tip of the ice berg! This publication contains a lot more exciting, helpful, and interesting columns, articles and information.

The Editorial Committee also welcomes your comment’s and thoughts. We would like to know if you like or dislike something we have published.

Or, if you want to see something in this publication that we have not included in the past.

Do you know an Unsung Hero? Tell us about them.

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

L-R bottom row: Devin Mylrea (Calgary); Robert Harvie (Lethbridge); Michele Hollins, Q.C. (Calgary); and, Shannon McGinty (Calgary).

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Do you know an Alberta lawyer who has demonstrated extraordinary leadership, innovation, commitment, or who has made significant contributions to social justice and community affairs? If so, help spotlight their contribution and dedication by telling us about them.

Our new feature article titled “Unsung Hero” will be published in upcoming editions of Law Matters. The purpose of the article is neither to bestow an “award” upon the featured lawyer, nor does the article carry with it any prize. Rather, it’s purpose is to remind us all of the many lawyers in our profession who make the commitment, often

without receiving any recognition or accolades, and at significant personal cost, to promote a social cause or improve their community.

If you know a lawyer who rightly deserves to be recognized but is often quietly overlooked, please send us an email at communications@cba-alberta. org setting out the name of the lawyer and the reasons why you believe that they are an ‘unsung hero’. Only formal requirements for nomination are that our ‘unsung hero’ be an Alberta lawyer and CBA Alberta Branch member. For further information or questions, please contact Ola Malik at ola.malik@ calgary.ca.

P re s i d e n t ’s

REPORT

By Analea M. Wayne

I am proud to be a lawyer. I am proud to be a part of this profession. While these are words many of us don’t necessarily utter on an ongoing basis, I do in fact make a point of telling people, where appropriate, that I consider myself very privileged to be a member of the legal profession – a community of people where I have witnessed great things – from random acts of pro bono generosity, to incredible collaborative endeavours such as the Slave Analea M. Wayne, Lake Fire Hotline and Legal Information President sessions borne out of a meeting of legal stakeholders in our province.

privilege is the cornerstone of the rule of law. If we are truly going to protect our clients’ interests, we have to be able to self-regulate. An independent legal profession is the key to this protection. It is this kind of advocacy that is a part of our job at the CBA.

I’ve certainly had a good vantage point to observe the great things that the legal profession does. As CBA President, and certainly during my time leading up to my Presidency on the Executive, I have had innumerable opportunities to work with not only our fantastic CBA members but with other stakeholders in the justice system to work towards what is a common goal for so many of us – those lawyers, judges, law students and other legal organizations – in advancing the profession, the public interest, and ultimately the administration of justice.

Beyond being a card-carrying CBA member, I also want to encourage you to think about increased involvement in the various volunteer opportunities that present themselves in the organization – from public legal education programs like Law Day to chairing a Continuing Legal Education Section. My own involvement in the CBA has probably been one of the greatest anchors I’ve had to the legal profession. To me, the organization and the people within have provided me with mentorship, support, education, and collegiality. Giving back to the profession, for me, at least, was an easy choice.

Most of you know of the devastating wildfires of May 2011 that affected the community of Slave Lake. Some lawyers in that region not only lost their entire physical practice in the fire (and some their own homes), but access to legal services by the public were also nearly wiped out. In response to the situation, key players in the provision of access to justice in the province responded by partnering to provide direct legal relief services to those affected by the Slave Lake wildfire with a legal hotline and various information sessions. Pro Bono Law Alberta, Legal Aid Alberta, and CBA–Alberta formed a partnership to respond to the emerging legal needs of Slave Lake residents. This collaboration is also supported by the Law Society of Alberta, Alberta Lawyers Assistance Society (ASSIST) and Alberta Civil Trial Lawyers Association (ACTLA). More information on the initiative may be found on our website at www.cba-alberta.org.

This is my last message to you as CBA-Alberta President. Even though it was one of the busiest years of my life (juggling a mid-year family move to Calgary and a new job with The Counsel Network), it was one of the most amazing. I want to start by giving a shout out to the Branch Executive: Marian De Souza, Cyril Gurevitch, QC, Jeffrey Wise, and Gillian Marriott, QC, - I can’t say enough about each of you in the space allotted but please know how deeply grateful I am for your counsel and friendship. I want to extend a special thank-you to Craig Kinsman, our former Executive Director – we certainly learned a lot together during this past year and your support has been wonderful.

Thank you as well to our Past Presidents, Provincial Council, and to CBA-Alberta staff for their hard work and contributions. I also want to extend my gratitude to the National Board of Directors and staff, our CEO, John Hoyles, and our President, Rod Snow. The work being done by the CBA is oceans deep and mountains high. It has been an honour and privilege to serve our profession, and it is my hope to continue to do so on an ongoing basis with the Canadian Bar Association for years to come.

I recently advocated for the independence of our profession in response to an editorial letter questioning lawyers’ self-regulation (see “Independence is Vital”, Calgary Herald, July 16, 2011). Solicitor-Client

Contributing Authors this Issue Dragana Sanchez Glowicki Hon. Assistant Chief Judge Vic T. Tousignant Chad Brown Analea Wayne Patty Johnston, QC Jennifer Flynn Gillian Marriott, QC Hon. Judge A. A. Fradsham Birch Miller

I want to encourage all of you to either renew or begin membership in the CBA. In my opinion, the Professional Development programs alone are worth the price of admission – among the best quality, cost effective, and convenient ways of getting your continuing legal education in. Beyond professional development, it is really formidable as to how much work is done not only from a provincial branch perspective but most certainly on a National basis – from submissions to government to legislation and law reform; from rural initiatives to international legal development.

Thank you Craig Kinsman It is with deep regret that we advise Craig Kinsman, Executive Director, has decided to leave the CBA. We wish him every success in his future endeavors.

Steve Mandziuk, QC Anna Greczmiel Shekhar Parmar Maureen Killoran Brynne Harding Frank Sanitate Linda Albert Hon. Judge Richard O’Gorman Hon. Madam Justice R.J. Nation

Craig Kinsman

CBA Executive have begun the search to find a replacement and hope to have a new Executive Director in place shortly. During this interim period, former CBA - Alberta Executive Director, Terry Evenson has agreed to return as Executive Director and assume the Alberta Branch operations.

Law Matters | 3

Jeffrey Wise: 2011-2012 CBA Alberta Branch President

“You always know when Jeff is in the room”

By Hon. Judge Richard O’Gorman It is my pleasure to introduce my long-time friend and fellow cigar aficionado as your new President of the CBA - Alberta Branch.

Jeff’s infectious and very distinctive laugh is symbolic of his passionate energy and committed determination that he brings to everything he does. Throughout the years Jeff has chaired or participated in just about every CBA committee or event that exists within our CBA world.

His dedication and commitment to the CBA is substantial.

Born in Albuquerque, New Mexico, Jeff travelled frequently as his parents moved throughout the United States and Canada. Jeff went to High School in Lethbridge, and then obtained both his undergraduate degree in Economics and his Law degree at the University of Alberta. Today Jeff has his own firm in Calgary called Wise Walden Barkauskas, and he practices exclusively in the area of family law with a focus in parenting and custody litigation. Jeff has five beautiful children, Madeline, Michelle, Daniel and twin boys, Peter and Ben.

Jeffrey Wise, CBA Alberta President

In addition to his CBA and professional work Jeff has an impressive record of community service. He has been on the Board of Directors for the Calgary Epilepsy Association, the Shared Parenting Association of Alberta and the Alberta Civil Liberties Association. Jeff co-

SAVE THE DATE The 2012 Alberta Law Conference will take place on

founded the Alberta Mentorship for Youth and has been a Bar Admission Instructor. Jeff has also lectured and presented papers to a variety of groups including the Psychology Association of Alberta, the Legal Education Society of Alberta, the University of Calgary Law School and the University of Calgary Psychology Department. Jeff has also been on the Legal Advisory Committee for the Children’s Legal and Educational Resource Centre, and he has been a Dispute Resolution Officer.

On a personal note I first got to really know Jeff at the CBA’s annual spring Sylvan Lake Retreat, affectionately known as “Chateau Lebo.” This was an opportunity to meet CBA members from all over the Province and to brain storm ideas for the year ahead. Jeff was always front and center and contributed significantly to the discussions. Jeff was the only person to arrive with his larger than life humidor, liberally stocked with just about every brand of Cuban cigar you can imagine.

It is no surprize that Jeff used to be a weight lifter and body builder, and that he had once met Arnold Schwarzenegger (long before the Terminator became an actor and then Governor of California).

Please join me in congratulating and welcoming Jeff as your new President of the CBA’s Alberta Branch.

2012 ALBERTA LEGAL DIRECTORY Watch for the new Alberta Legal Directory coming in January 2012.

January 26 - 27, 2012

Do we have your correct contact information on file?

at the Westin Hotel in Calgary.

Interested in advertising within the Directory?

Watch the next issue of Law Matters for more details.

4 | Law Matters

If you’re not sure, please contact us before September 30, 2011 at directry@cba-alberta.org.

We have several great options available.

Contact us at directry@cba-alberta.org.

BACK TO BASICS

Effective

Communication

By Hon. Assistant Chief Judge Vic T. Tousignant

The view from the Bench is the legal equivalent of a National Talent Show – a constant parade of astonishing characters and situations, interspersed with talent and merit. Lawyers should be the handlers, not the principals, in a Judge’s end-of-the-day wrap up.

4. Be concise in your argument. Tell us what you’re going to say, say it, then tell us what you’ve said. A mindless recital of the evidence is entirely unhelpful. Be a story-teller. Read Gerry Spence’s “How to Argue and Win Every Time” and become an even more successful story-telling barrister.

3.

Hon. Assistant Chief Judge Vic T. Tousignant

Here are ten ways to help lawyers communicate effectively and, incidentally, avoid becoming the subject of judicial scuttlebutt.

10. Don’t speak your client’s truth as if it were your own. Remember that there are usually three sides to every story – his, hers and reality. People don’t usually lie about what happened, but they bring their perspective and interpretation to bear. There’s a difference between asserting “The husband is a rogue” and “My client alleges the husband to be a rogue.” Clients want lawyers to buy into their story. You must show empathy while at the same time remain detached from your client’s woes.

9.

Wait for the Judge. Whether it’s at the start of an application or when referring to written materials, ensure the Judge is with you.

Otherwise, you may be half way into your introduction when the Judge is still distracted by the thickness of the file or the name of the case.

8. Be prepared to tell us our jurisdiction to grant what you are asking for. The deer-in the-headlights look should be reserved for deer in the headlights. It should not be your response to “What’s my jurisdiction?”

7. Prepare a written outline of your argument but be flexible. The best time for mere mortals to get organized is in advance, not while on their feet. Writing crystallizes thought and prevents unfocussed rambling discourse.

6. Speaking of feet, use them simultaneously with your mouth. It is quite astonishing to occasionally see a lawyer remain seated when attempting to address the Court. I say “attempting” because judicial ears generally don’t operate when an orator is supported by the gluteus maximus.

5.

Focus your cross-examination. The object of the exercise is not to mindlessly review all the evidence-in-chief. Ineffective counsel simply review (and thereby reinforce) the evidence-in-chief.

Cross-examination should imitate a sniper’s precision rather than a Chaney-like shotgun blast.

Provide only the jurisprudence upon which you intend to rely.

Guess what the Judge’s reaction will be where counsel has provided, in advance, a dozen cases then refers to only two of them. At the end of the day you would rather have the Judge marvel at your advocacy skills rather than wonder why the other 10 cases were provided.

2. Save the theatrics. So you think the judge is a dumb ass who doesn’t know access from contact. Calmly say “thank you” and save the eye-rolling for when commiserating with the bar at the bar.

1. Tell us who you are, what you want and why. That way we will know where we are going. Judges’ often grouse about lawyers who start with a long introductory background explanation before getting to the point of what they want. This is particularly true in Chambers.

The Judge must focus on one set of facts after another. If you do not tell the Judge at the outset what you are seeking, he or she will not know the importance of your introductory recital.

As an example, it frequently happens that a lawyer will recite five minutes of background, only to conclude “my friend and I have agreed to adjourn the matter two weeks”. If that statement had been made up front the Judge would not have had to have wasted precious (and “scarce” some might say) brainpower in following the story.

In closing, most of the foregoing is common sense, which sometimes isn’t all that common. Keeping these pointers in mind will make you a more effective communicator which, after all, is what advocacy is all about. *With thanks to Judges Burrell, Carruthers, LaRochelle, McLellan and O’Gorman

W H AT A B O U T B O B ?

R O B E R T A. R I VA R D McConnell MacInnes

PLAINTIFF LONG-TERM DISABILITY CLAIMS (WCB Claims Excluded) 27 years of experience in this field 4, 12110 - 40 Street SE, Calgary, AB T2Z 4K6 Tel: 403-640-1300

Toll Free: 1-866-640-1077 Also serving Edmonton

Law Matters | 5

W h a t ’s

HAPPENING

AUGUST

14 - 16: The Canadian Bar Association

Patty Johnston, QC

Canadian Legal Conference 2011. Halifax, Nova Scotia. Contact: Phone: (613) 2372925 or 1-800-267-8860 or website: www. cba.org/cba/halifax2011/main/

SEPTEMBER

9: Calgary Bar Association 2011 Charity Golf Tournament. Banff Springs Golf Course. Contact: Mark Morrison, Blake Cassels & Graydon LLP, 3500, 855 2nd Street, S.W. Calgary, AB T2P 4J8 19: The Law Society of Upper Canada presents Ontario e-Discovery Institute: e-Discovery for All Lawyers and All Cases. Osgoode Hall, Toronto, Ontario. Contact: Phone: (416) 947-3315 or 1-800-668-7380 or Fax: (416) 947-5235.

23: The Canadian Bar Association presents the 7th Annual Pan-

Canadian Insolvency and Restructuring Law Conference. Hyatt Regency Hotel, Toronto, Ontario. 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

26 - 28: The Canadian Corporate Counsel Association World

Summit. Toronto Hilton. Contact: CCCA National Office. Telephone: (416) 869-0522; Fax: (416) 869-0946; e-mail: ccca@ccca-cba.org

28: The Canadian Bar Association British Columbia Branch presents

OCTOBER

6 - 7: The Canadian Bar Association presents 2011 Annual Fall Competition Law Conference. Hilton Lac Leamy, Gatineau, Quebec.

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 20 - 21: The Canadian Corporate Counsel Association presents

Financial Reporting, Accounting and Analysis. Toronto, Ontario.

Contact: Karen Sadler, Phone: (416) 869-0522, Ext. 221 or via e-mail: ksadler@ccca-cba.org

21: The Canadian Bar Association presents Evidence & Experts.

Fredericton, New Brunswick. Contact: Ginette Arseneault, PD Development Coordinator. Phone: (506) 452-7818 or via e-mail: cle@ cbanb.com 24 - 25: The Canadian Society of Corporate Secretaries presents

the Shareholder Democracy Summit. Toronto. Contact: Lynn Beauregard, CSCS President. Phone: (416) 921-5449, ext 306 or toll free at 1-800-774-2850, ext 306 or e-mail at lynn.beauregard@cscs. org

NOVEMBER

25 - 26: The Canadian Bar Association presents the National Administrative Law, Labour and Employment Law Conference.

Westin Hotel, Ottawa, Ontario. 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

Undertakings: Avoiding the Pitfalls. Law Courts Inn, Vancouver, B.C. Contact: CBA Professional Development Dept. Phone: (604) 687-3404 or Toll Free at 1-888-687-3404 or via e-mail: pd@bccba.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

Resolutions for a New (Educational) Year

By: Jennifer LC FLynn, Managing Director, The Legal Education Society of Alberta Even though my two young boys have forbidden me from talking about it at home, I am already gearing up for back-to-school.

Since that first day of kindergarten, there has always been something exciting about the start of a new educational year.

an associate or student to reinvent the wheel for you, remember that we have hundreds of recent, topical seminar papers available online. You can instantly download papers written by subject matter experts in a given practice area for a small fraction of what the research would cost you in time. Just visit our website and click on “Educational Resources”.

While I reserve January 1st for personal resolutions about health and family, I have always used the start of the school year for

By Jennifer Flynn, Jennifer LCLC Flynn resolutions about career and education. If the back-to-school mood strikes you, here are seven resolutions that the Legal Education Society of Alberta can help you achieve this upcoming educational year:

2. I will be proactive about my continuing professional development.

When you did your annual CPD plan in the early part of 2011, did you plan to take continuing legal education courses? While some people find themselves rushing to complete their CPD plans at the last minute, we highly recommend registering as far in advance as possible. Our complete calendar for the 2011/2012 educational year is already available, with dozens of new and exciting programs. Register early to secure your spot in our limited enrolment courses, and to take advantage of early bird discounts.

1. I will work smarter, not harder. Before you reinvent the wheel, or ask

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VIEW FROM THE

BENCH

Hon. Judge A.A. Fradsham

The news magazine The Week carried a story in the April 22, 2011, edition about one Ryan Stephen of Mason, Ohio who was arrested by a local police officer for the offence of teasing a police dog. Though I am sure that most of you came across this story as part of your “current awareness” efforts to keep up with important, new cases in the law, let me provide some further detail for those who have not yet reached this item in their stack of “stuff to read”.

The Daily Mail in the U.K. also carried the story, and reported that on one Sunday morning this Spring, Officer Walker of the Mason, Ohio constabulary was called to “a car crash at a pub”. While Constable Walker was out of his patrol car conducting said investigation, he heard police dog “Timber”, who had been left in the police cruiser (apparently being too young to go into the pub), barking excessively.

Constable Walker went back to his patrol unit, and found Mr. Stephen outside the police car “barking and hissing” at “Timber”. It would seem that Mr. Stephen was somewhat under the influence of intoxicating substances. Mason, Ohio must be quite the place: on Sunday morning, a time often associated with peace and quiet and hangovers, a police officer is called to investigate a motor vehicle accident “at a pub”, and a local citizen is drunk enough to engage in a barking debate with a dog. The town might consider engaging in some group alcohol abuse counselling.

The Daily Mail article reported that when the two footed officer confronted Stephen on behalf of the four footed officer, “[Stephen] walked away and ignored commands to stop.” Commands to stop. I have this mental image of the officer yelling “heel”, and Mr. Stephen continuing on, thereby thoroughly scuttling his chances of winning “best of breed”.

By Hon. Judge A.A. Fradsham

Now, on the face of it, I agree that barking at a dog seems a wee bit odd. To some, it might qualify for the description “barking mad”. Sorry, I couldn’t resist. However, is barking at a dog any more odd than asking a dog things such as “Are you a good dog?” and “Aren’t you a handsome boy?” and the like. The chances of a person stumbling upon some combination of barking noises which actually make sense to the dog are probably not much worse than the dog understanding silly questions asked in a baby voice. Which is more likely to annoy/tease a dog: speaking patent nonsense to a dog in a human language, or speaking to a dog in a form which appears to be the dog’s first language? I am aware that my argument fails to address why Mr. Stephens also hissed at Timber. Maybe it wasn’t a hiss at all; maybe it was a dog-type lisp.

Mr. Stephens was asked why he was barking at the dog. He replied that “the dog started it”. Could be. Perhaps “Timber” was born in New York City, and, as Mr. Stephen stumbled by the police car, Timber barked at him, “ Hey Mac, ya drunken bum, get outta here!” Mr. Stephen may have then felt honour bound to respond with an appropriate reply uttered in “barkenese”. The argument between them simply escalated from there. It is to be noted for the defence that it was the volume of Timber’s barking, and not Mr. Stephen’s barking, which attracted Constable Walker’s attention. Seems to me that it was Timber who was creating the disturbance. I am sure that these issues will be fully explored when Mr. Stephen appears at the local Mason, Ohio court. Not so sadly, my circuit does not stretch that far, so others of my training will have to resolve this dog fight.

However, there is a much larger issue in play here. If this charge of barking at Timber sticks, that might mean judges can be charged if they bark (or hiss) at lawyers who are late, or prolix, or illogical. If so, the volume of those charges alone would irreparably clog up the courts. I do hope our colleagues in Ohio consider the full implications of a guilty verdict.

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3. I will improve my practice. General practitioners, and those practicing in smaller firms, face unique challenges. Tackle these challenges by joining us November 18th and 19th in Edmonton for our Law and Practice Update conference. In addition to substantive updates in a full range of practice areas, you will also walk away with a wealth of practical takehome strategies. Before 2011 ends, you can still get in 12 hours of relevant continuing professional development in this convenient two-day course.

6. I will give back to the legal community. Actors and bloggers, authors and editors, CPLED facilitators and evaluators, seminar faculty and chairs… we are fortunate to work with hundreds of dedicated volunteers each year. In addition to helping you stay up-to-date in your field, being a LESA volunteer provides valuable recognition and fantastic networking opportunities. Just contact our office to discuss what volunteer opportunities would best fit your available time and expertise.

4. I will get on top of new legislation. For those practising in the Wills area, you are no doubt aware that a new Wills and Succession Act is anticipated for January 2012. We have The Wills and Succession Act Transition Guide that is perfect for anyone trying to navigate this major legislative change.

Visit our website for the latest information or to order.

7. I will help support those entering the profession. Articling can be a challenging time. Help support this year’s cohort of articling students by understanding what is required of them in the CPLED Program. The new CPLED year is underway as of August 8th. Visit our website for information about the program and for key dates.

5. I will take time to refresh and renew. Our 45th Annual Refresher Course— focusing on Real Estate—takes place in Lake Louise from May 5th to 8th, 2012. Make the Refresher the perfect blend of getting up-to-date in your practice, connecting with colleagues in your field, and relaxing in beautiful Lake Louise. Register early to secure your spot!

From the Legal Education Society of Alberta, have a happy and prosperous New (Educational) Year!

For the most up-to-date information on our live events, educational resources, pre-call admission training, and volunteer opportunities, watch for details at www.lesa.org, call 1-800-282-3900, or find us on Facebook.

Law Matters | 7

PRACTICE POINTERS Objectionable Objections and other Evidentiary Missteps: Cross-Examinations on Affidavits By: Maureen Killoran and Brynne Harding

Maureen Killoran

Some presume that the process for crossexamining a witness on an affidavit (“Cross-Examination”) is the same as questioning/examining a witness for discovery (“Discovery”). Superficially, the similarities are striking. Both procedures: are information gathering tools; occur without a judicial chaperone; involve a witness, the witness’ lawyer, a questioning lawyer and, a court reporter who creates a transcript.

However, the similarities end there.

The differences are many, including, the role and expected conduct of counsel.

Anne Kirker

(I) Cross-Examination: Evidence for the Court Unlike Discovery, a Cross-Examination is conducted for the benefit of the Court.

The transcript is filed with the Court 1 and reviewed by the judge in advance of the Motion. In this sense, the Cross-Examination transcript is no different than evidence delivered at trial.2

Conduct of Counsel: As such, when the witness is being cross-examined, both lawyers should conduct themselves as they would at trial - as though the judge is in the room hearing the testimony. The examining counsel (“Examining Counsel”) will have carefully crafted their questions as “closed,” simple, and single-subject questions to ensure that the witness’ evidence is controlled.

insinuate themselves onto the examiner’s record. Attending Counsel must be as cautious about making objections/interruptions as they would in the presence of the judge. Objections must be limited to those that would be appropriate at trial, keeping in mind that the courts give “wide latitude” to lawyers conducting a cross-examination3, and that objections should have both legal and tactical merit.4 No objection should be made that does not deserve to be sustained.5 Because a judge is not present does not mean that counsel (as Officers of the Court) should conduct themselves differently than they would at trial.6 Counsel should not give answers to questions asked of their witness; it is the witness, not counsel, being cross-examined.7 Nor should counsel lead, help, or attempt to explain the witness’ evidence.8 In short, Attending Counsel should stay off the record.

Some lawyers believe it is acceptable to interrupt a cross-examination if their witness has answered a question incorrectly or otherwise misunderstood something. It is not.

Q: As at July 1, 2010, you were employed by the defendant as an accountant, correct?

A: Yes. Opposing Counsel: Counsel, if I might be of assistance, I should clarify something on the record ... I think what my client meant to say, was ...

Examining Counsel: No. If it is appropriate, you can re-exam.

It is inappropriate for Attending Counsel to interrupt the crossexamination. Instead, in such circumstances, counsel should reexamine the witness at the end of the cross-examination.

Examining Counsel is likely to be very territorial about the transcript that is created. Not only will they attempt to control the witness’ evidence, the Examining Counsel will not take kindly to interruptions by the witness’ counsel (“Attending Counsel”).

Re-examination An affiant who has been cross-examined can be re-examined by his own counsel in certain circumstances. If counsel believes that the affiant suffered any misconception when he was cross-examined, the appropriate time for clarifying the misunderstanding is at re-examination.9

It is not the role of Attending Counsel to object, interrupt or otherwise

The Importance of an Uninterrupted Cross-Examination

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Affidavits are notoriously suspect; typically, they are prepared by counsel. Examining Counsel has one very strategic opportunity to test the witness’ evidence. The Court is not afforded an opportunity to observe the affiant’s demeanour. Instead, the cross-examination transcript becomes the Court’s only opportunity to assess the credibility of the affiant’s sworn testimony, and Examining Counsel’s only opportunity to qualify the evidence.

Discoveries, counsel should make an effort to stay off the record.

At the end of the day, objections on a Discovery transcript do not have the same effect as those in a Cross-Examination. The Discovery transcript is prepared exclusively for the use of the lawyer who conducts the examination. In Alberta, the transcript is not filed with the Court.

It is the lawyer who conducted the examination who chooses which portions of the transcript, if any, will be read into evidence at trial.13

According to the Supreme Court of Canada, cross-examination is essential for determining the accuracy of the evidence before the Court; it is a “faithful friend in the pursuit of justice and an indispensible ally in the search for truth.”10 Although no judge is present when crossexamination on an affidavit occurs, the transcript is viewed by the court.

And while “a litigant or witness may be impressed by the interfering tactics of his counsel on the cross-examination, [...] all counsel should realize that the audience is not the litigant or witnesses. It is the court.

The court is never amused by interfering tactics by a counsel.”11

It is a mistake for counsel to conduct themselves the same way in a CrossExamination as they do in Discoveries – whether you are the Examining or Attending Counsel. The differences between the two processes are significant. While needless objections and interruptions on a Discovery transcript are irritating, they are completely unacceptable at a CrossExamination.

1.

Alberta Rules of Court, Alta. Reg. 124/2010, R. 6.20.

2.

Stevenson & Côté, Civil Procedure Encyclopedia (Edmonton: Juriliber, 2003) at 282;

3.

R. v. Lyttle, [2004] S.C.J. No. 8 at para. 1, [2004] 1 S.C.R. 193, 2004 SCC5 (S.C.C.) [Lyttle].

(II) Questioning – A Record for Use by Examining Counsel On the contrary, counsel accompanying a witness during the discovery process has a strong supervisory role in framing how evidence is presented. Within reason, it is counsel’s responsibility to object to inappropriate questions in order to prevent careless admissions by the witness.

4.

Lee Stuesser, An Advocacy Primer, 3rd ed. (Toronto: Thomson Carswell, 2005) at 318.

5.

Stuesser, supra note 9 at 318.

6.

Chitel v. Rothbart (1982), 30 C.P.C. 205 (C.A.) at 273.

7.

Canalta Concrete Contractors v. Camrose (1985), 38 Alta. L.R. (2d) 153 (Master) at para.

72, per Master Funduk.

8.

Ibid. at para. 71.

9.

Ibid. at para. 74.

There are, broadly speaking, three appropriate objections where: (i) privileged information is sought; (ii) the question cannot be understood; and, (iii) the question is directed solely to credibility or is offensive/intended to harass the witness.12 However, even in

10.

Lyttle, supra note 8 at para. 1.

11.

Ibid. at para. 75.

12.

Todd L. Archibald & James C. Morton, Discovery: Principles in Practice (Toronto: CCH, 2004) at 116-117.

13.

Ibid, R. 5.31; San Francisco Gifts Ltd., Re (2004), 360 A.R. 394 (Q.B.) at 396.

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Law Matters | 9

$

Tax Planning For Professionals

By Chad Brown While managing a busy practice and juggling the constant bombardment of legal problems faced by clients, it is quite easy for a lawyer to overlook management of their own affairs. How many of us are out there hounding clients to keep their wills updated, but yet open our dusty personal files only to discover we have never prepared our own!

Proper estate and tax planning is vital to ensure that the Minister of National Revenue (the “Minister”) does not get a penny more than he is entitled, and I have made it my Chad Brown personal mission in life to ensure that is the case. It is important to know that there are a number of compensation strategies that lawyers can consider implementing in order to maximize the tax effectiveness of their family unit.

TA X L AW 1 0 1

As such, professionals should note that salaries/bonuses made to spouses/children who do not actually work in the legal business will be denied as a deduction under subsection 18(1)(a). Further, excessive salaries paid to spouses acting as assistants or bookkeepers (see R. v.

Noel, 2011 TCC 27 where the Minister only allowed $8,200, but lost on appeal) may also be denied. Salaries and bonuses paid to spouses and children are much more likely to be scrutinized by the Minister than dividends, as dividends are not subject to paragraph 18(1)(a) and section 67 as they are not tax deductible outlays to the PC. Also consider that the additional cost to the family unit of denied deductions can be significant. Amounts denied will be added back to the taxable income of the PC, notwithstanding the spouse/child has already paid tax on this income. In essence, double tax results because both the PC and the spouse/child will pay tax on same amount. The CRA can also impose significant penalties, and as such, the dividend sprinkling strategy is usually preferred when it is questionable whether the salaries paid to the spouse/child would be considered reasonable.

$625

1. The Dividend Sprinkling Strategy In late 2009, the Professional Corporations Amendment Act brought Alberta into line with other provinces, most notably British Columbia and Ontario, by allowing certain regulated professionals (lawyers, doctors, dentists, accountants) to issue non-voting shares to spouses, common-law partners, children, and certain trusts. This legislation allows these professionals to restructure the shareholdings of their professional corporations (“PC”) to take advantage of certain tax planning opportunities, most significantly being the dividend sprinkling strategy.

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This strategy assumes that the regulated professional (the “High Income Earner”) earns more than his or her spouse or child (the “Low Income Earner”). The dividend sprinkling strategy is implemented by restructuring the PC to allow the Low Income Earner to subscribe for a different class of shares than the High Income Earner. This enables the PC to pay dividends to one class of shares while excluding the other.

If High Income Earner would typically earn more, then the family unit’s effective aggregate tax rate can be reduced by simply paying dividends to the Low Income Earner to the exclusion of the High Income Earner. Doing so utilizes the Low Income Earner’s tax credits and lower marginal tax rates, and decreases the aggregate tax payable by both taxpayers than would be the case if the income of the PC was only paid out and included in the income of the High Income Earner.

Of course, reorganizing a PC will typically require a valuation and an estate freeze, and other planning to minimize the risks of certain income attribution rules set out in the Income Tax Act (“ITA”), so it is important to consult a tax professional to ensure such a reorganization is properly implemented.

3. Small Business Deduction Planning in Legal Partnerships The small business deduction (“SBD”) is available to certain corporations in Canada on its first $500,000 of active business income that reduces the general corporate income tax rate to 14%. This provides a significant tax deferral opportunity where the profits of the PC are retained by the PC than if the professional paid the profits to himself in the form of salaries or dividends (~39% tax rate). This tax deferral results in the professional having a larger amount of capital available to reinvest in the business, repay any debts of the PC or to simply make passive investments.

Note that currently the SBD limit is $500,000 and must be shared between certain groups of corporations including PCs that are partners of a professional partnership. Although there are tax risks associated with SBD planning for PCs, it is possible to structure a professional partnership to give each professional the opportunity to potentially access the full $500,000 SBD limit. Such tax plans are complex and far beyond the scope of this article, however, it is a planning point that any professional practicing via a partnership of PCs may wish to consider raising with their tax advisor.

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I hope the forgoing has offered some nugget of wisdom to ensure that your practices profits stay where they should be; in your pocket. If you are interested in additional tax tips and traps, consider following me on Twitter @tax_litigator.

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2. Salaries Paid to Spouses and Children Another common method of shifting income from a regulated professional to their spouse/child is by the payment of salaries. Of course, the payment of salaries are generally deductible by the PC and included in the spouse/child’s income from employment. As with the Dividend Sprinkling Strategy, this strategy also utilizes the tax credits and the lower marginal tax rates of the spouse/child.

However, in order to be deductible for tax purposes, the salary payments to the spouse/child of the regulated member must satisfy two provisions of the ITA: (i) paragraph 18(1)(a) provides that, in computing business income, a deduction can be claimed for an expense only “to the extent that it was made or incurred by the taxpayer for the purpose of gaining or producing income”; and (ii) section 67 prohibits the deduction of an expense otherwise deductible under the ITA if the expense is “unreasonable”.

10 | Law Matters

May 13 -17, 2012 National Administrative Law Conference in Calgary www.ccat-ctac.org

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Judicial List

CHOOSE FROM CANADA’S TOP MEDIATORS AND ARBITRATORS

Court of Appeal Justice Keith G. Ritter (Edmonton) elected to become a supernumerary judge effective May 1.

Court of Queen’s Bench Provincial Court Judge Barbara L. Veldhuis was appointed to Calgary Court of Queen’s Bench effective June 24, 2011.

Justice Peter J. McIntyre (Calgary) elected to become a supernumerary judge effective April 23.

Justice C. Adele Kent (Calgary) elected to become a supernumerary judge effective May 18.

Justice Gerard C. Hawco (Calgary) elected to become a supernumerary judge effective June 20.

Justice C. Scott Brooker (Calgary) elected to become a supernumerary judge effective June 20.

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

The Honourable Willis E. O’Leary, Q.C.

E. David D. Tavender, Q.C.

Harold W. Veale, Q.C.

Please note effective June 20, Justice Keith D. Yamauchi will transfer from Edmonton Queen’s Bench to Calgary Queen’s Bench.

Provincial Court Judge Lawrence Stuart Witten (Edmonton) was appointed as a supernumerary judge effective May 26.

Judge M.M. Donnelly (Edmonton Civil) retired on June 5, 2011.

Judge J.C.M. Spence (Edmonton) was reappointed as a supernumerary judge effective June 15, 2011.

Judge E.R.R. Carruthers (Calgary Family & Youth) has been reappointed as a part-time judge effective July 6, 2011.

Judge N.A.F. Mackie (St. Albert) has been reappointed as a part-time judge effective July 6, 2011.

Judge L.E. Nemirsky (St. Paul) has been appointed as a part-time judge effective August 25, 2011.

Judge William Steven Andrew (Edmonton - Family and Youth) - appointed as a judge effective August 2, 2011.

Judge Michael Christopher Dinkel (Calgary - Criminal) appointed as a judge effective August 2, 2011.

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Judge Janet Lynn Dixon (Edmonton - Criminal) appointed as a judge effective August 29, 2011.

The Honourable John S. Moore, Q.C.

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Law Matters | 11

Fr o n t & Cen tr e Council & Section Chair Appreciation Dinners On May 31, CBA - Alberta held a dinner at Fort Calgary to recognize the dedication and efforts of South Section Chairs and Council, while a seperate dinner was held on June 14 to recognize North Section Chairs and Council. Thank you to all who came out!

North Section Coordinator Jane Corns and CBA Alberta Treasurer, Cyril Gurevitch, QC

South Section Coordinators Birch Miller and Derek Allchurch

Council, Committee and South Section Chairs

12 | Law Matters

CBA - Alberta President, Analea Wayne

The Environmental Law Section held a meeting at The Petroleum Club in Calgary on May 5th where they welcomed speakers from around Canada.

Left to right: Sandra Jungles, Chair, Environmental Law Section; Martin Ignasiak; Katia Opalka, Shane Petry, Janice Walton, and Journey Paulus.

Council, Committee and North Section Chairs Law Matters | 13

Conducting a Civil Trial with a Self-represented Litigant

by Hon. Madam Justice R.J. Nation

Hon. Madam Justice R. J. Nation

Counsel are conducting an increasing number of civil trials at Queen’s Bench in which the other side is self-represented.

From my experiences both as counsel in the past and now as a Justice, these cases are a challenge for all. The Justice must make the process as fair as possible. It is often a difficult road for counsel to get the matter to trial, and there are challenges to running a trial fairly and efficiently for your client.

The self represented litigant is often in a very unfamiliar place, not acquainted with the Rules of Court or usual procedures and unsure how to conduct a case.

Here are some pointers that may help you as counsel if you find yourself facing a civil trial with a self-represented litigant at the Queen’s Bench level.

1. Be Meticulous About Documenting Communications When both sides are represented, and communications take place in writing or orally, counsel will generally admit the communications or the necessary details if they are relevant to the trial.

agreement can be reached as to certain values, the admission of some facts, or even how documents are to be ordered for an upcoming trial.

For example, in a contested matrimonial property matter where there is property to which a value must be assigned at trial, make a list of all of the properties with the position of your client as to value. Give the list to the other party, and in a case conference atmosphere, ask the other party to indicate his or her position as to value. Can you agree on the value for some property? iii) Case Management In more complex cases dealing with multiple issues, multiple parties, or a contentious matrimonial matter dealing with custody of children, you might consider applying for the appointment of a Case Management Justice. The case management process will provide consistency because you will appear before the same Justice and avoid a situation in which many Justices hear different applications in morning chambers.

If you have a Case Management Justice and are proceeding to trial, you can request a case management meeting to deal with streamlining documentation.

With a self represented party, remember you may have to prove service of documents. In addition, communications should be in writing so you can put letters or documents to the other party in Court, if the fact of or contents of the communication must be proven. Have your whole file with you in the court room. If the other party denies certain facts on cross examination, you will then have the ability to prove service or the communication in issue.

3. Do Not Forget The Law Accept that you should bring case law authority and copies of any legislation to support your client’s position. The other side may have a weak or nonexistent idea of the law. If a self represented litigant suggests that there are legal propositions that you feel are doubtful, suggest to the trial Justice that the other party produce case authority supporting that proposition.

2. Use Pre-Trial Procedures It may be difficult to reach agreement on some matters before trial.

Be familiar with the following Rules of Court and use them to help delineate issues and to facilitate admissions or agreements.

4. Walking the Fine Line A Justice has certain responsibilities when one party in a proceeding is not represented. This includes explaining court procedure, and making sure the trial is conducted fairly. This can be difficult for the Justice, who at times may have trouble balancing how much is fair, and at what point he or she is providing legal advice to the self represented party. This is also difficult for you as opposing counsel. How much should you jump to your feet every time there is a breach of usual court procedure, or a rule of evidence is transgressed?

i) Notice to Admit Facts Rule 6.37 allows you to call on the other side to admit a fact, or to admit a written opinion. Using this rule puts the onus on the other side to specifically take a position that can be put on the record. ii) Case Conferences Rule 4.10 specifically allows a Court to direct parties to attend a conference with the Court. A party may file an application giving a reason for needing a case conference. Consider this mechanism to clarify and develop a list of specific issues for trial, to explore whether 14 | Law Matters

If hearsay evidence is tendered, or relevance is an issue, put your objection clearly on the record. Indicate you will not rise every time, but take the position that the rules of evidence apply, hearsay evidence is not admissible, and the fact that you do not object every time does not mean you consent. Recognize that a Justice is often trying to find con’t on page 15...

con’t from page 14...

a balance to allow a fair understanding of the other side’s position, without interrupting each time hearsay or relevance may come up. Try to use discretion, but object on important issues. If you are uncertain whether or how the Justice wants certain matters addressed, seek direction from the Justice, indicating your uncertainty about the best way to proceed due to the fact the other party does not have counsel.

5. Prepare Your Client for Cross Examination A cross examination by lay parties can be excruciatingly painful.

Often they go over things from the direct examination in great detail.

They may try to argue with the witness. Be ready to jump up and object if necessary.

knew his personality. She felt totally empowered after seeing him dealt with fairly by the legal system. Sitting in the courtroom, I realized how much I had actually learnt about the trial process and cross examination as a result of viewing the problems her husband faced in dealing with a system with which he had no experience. Sometimes these experiences teach us things we never knew about the legal system, other people, and ourselves.

Prepare your client for the fact that he or she will be cross examined by a non-lawyer. Caution your client against being drawn into argument with the cross-examining party. Give your client tools to help. For example, in matrimonial matters, where your client will be examined by their past spouse or partner, one suggestion is for your client to mentally pull an invisible shield between the witness stand and the questioner, to avoid looking at the questioner, and to try instead to visualize the question and then to answer it. Techniques like this can help reduce anxiety, and the tendency to argue during cross examination.

6. Remember You are Making a Record Do not forget that everything in the court room is recorded. The transcript of a trial is an independent record of what was said and done. Remember, this will be the record if there is an appeal. Also, in the event of a complaint to a disciplinary body, it is an indication of what was said and done (which may not be the same as what is alleged to have happened in the complaint against you or the Justice).

If the other side has sent you particularly nasty or demeaning e-mails or letters, consider whether they are relevant and admissible so the trial Justice can get a flavor of the type of person with whom you have had to deal. If these letters or e-mails have been sent to your client, your client can identify them in evidence.

7. Be Fair and Courteous Although it is tempting at times to verbally express your frustration in Court, or to respond in kind if the other party is derogatory or inaccurate in his or her presentation, consciously try to take the high road. Remain courteous but firm.

One helpful technique is to imagine that if the other side was one of your relatives (pick the most difficult!) acting for themselves, how would you like other counsel to be with that person, whatever their limitations, so that matters could be dealt with in a manner that was fair to all parties?

8. Stress Management Sometimes, because these files are different and often difficult, they sit on your desk, and you avoid dealing with them. Accept that they will present challenges and take more time and effort. They will challenge you as counsel, just as a file against a very good, or very difficult counsel will challenge you. Accept you have to be careful with correspondence, follow the rules, and explain carefully to your assistant the rules in dealing with the other side. Consider insisting that all communication be in writing, and pay careful attention to detail.

Don’t sit back and hope the file will go away. You need to take charge and advance the litigation to completion.

Standing up against a self represented party who causes your client extra time, hassle and legal expense can be frustrating, but it does have surprising benefits. The most unexpected for me as counsel came after I finished a matrimonial trial for a client against her husband who represented himself. I was frustrated and upset at the expense to her, as I felt the case could have easily been settled if another counsel had been involved. After the trial and the decision, my client was ecstatic.

She had lived with the respondent, her husband, for many years and

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Top 10 Time

Management Tips

By Frank Sanitate Article continued from Spring 2011 Law Matters. To read part one of this two part series, visit www.cba.org/Alberta/main/pubs/lawmatters.aspx 6. Delegate and Keep Good Communications Perhaps as you grow, and your practice grows, you find out that you can’t do it all. You will need to delegate some work and make sure you have communicated very well with the person you have delegated the job to.

Some specific comments on delegating: • If you hire Flynn, let him do the job you give him.

• Delegate easier tasks to those lower on the totem pole.

• Forward routine phone communications to support staff, and teach them how to handle the calls effectively.

• Draft documents in a simple format, and, let secretaries handle formatting, addressing, etc.

Some extra tips when it comes to communication: • Determine how each step of a file is to be handled, then communicate that to the appropriate staff member.

• Set expectations and timelines for staff.

• Listen proactively to your staff when discussing the step.

• Tell your boss what items you need to re, or, de-prioritize and why, and explain why, and why this will work. Lay it all out so they can understand and participate in the decision. This way you are offering solutions instead of barriers.

7. Don’t Procrastinate Easier said than done. Why do we procrastinate? The three biggest categories of procrastination are: fear, too big, and boring. Fear is behind many of the unpleasant tasks we put off. Fear of confronting someone, of making the wrong decision, of moving forward in an area I’m not familiar with, and so on. Here are some good suggestions to help you overcome procrastination: • Swallow the frog the first thing in the morning. Start your day by tackling that one unpleasant task you’d really like to avoid.

• Make the phone call, send an e-mail, or have the conversation immediately and check it off your list.

• Pick up a piece of paper only once … don’t spend time on a task and then abandon it. You will re-do part of the task each time you go back to it.

• Break down large jobs into smaller components, so the whole job doesn’t seem so overwhelming.

•

Frank Sanitate

Get started immediately: do something right away, it only takes one small step to make progress.

8. Manage Paper and Your Workspace Moving into the future: • Leverage technology: move to a paperless (scanned) recordkeeping system.

• Each week stop working to tidy the office and make a fresh list of priorities for the coming week.

• Instead of using multiple pads, use a single notebook.

• Put a Post-it note on each file on your desk listing the next 2 steps required.

• File papers daily and have only your immediate case on the desktop.

• Keep a relatively clear space somewhere in the center of your desk; one uncluttered spot, so the whole office isn’t just stacks of work waiting to be done.

9. Create Attitudes to Help You Enjoy Your Work The resolution to many issues lies not in taking action but in reevaluating the story we are making up about the issue. This may mean: • You can’t do it all.

• Realize the sun still comes up tomorrow (with or without you).

• Some things come up that are beyond your control.

• When I have a stressful assignment I try to stop, inhale and exhale deeply for 60 seconds to relax my body.

• Don’t sweat the small things and keep moving forward.

• Don’t invest in emotional fights with opposing counsel, just win the argument using the law.

• Refuse to take responsibility in those areas where it’s not really your responsibility to solve the problem.

10. Take care of the quality of your life Last but not least is the idea that your work time is part of the bigger picture of your life-time.

• Recognize the value of work/life balance and reduce the hours you spend at work.

• Exercise for 30 minutes each day.

• Put time aside for your family.

• Always have breakfast and dinner with your kids.

• Never think about work issues outside of work, unless you specifically set aside a period of time to do so.

• Reduce time-consuming clients and be more selective in accepting new clients.

Frank Sanitate helps lawyers to achieve these goals through his Time Mastery for Lawyers workshops, through Frank Sanitate Associates, franksanitate@gmail.com, 01-805-967-7899.

16 | Law Matters

H E A LT H M AT T E R S

Keeping Legal Minds Intact:

Mitigating Compassion Fatigue Among Legal Professionals

By Linda Albert, LCSW, CSAC Compassion fatigue is the cumulative physical, emotional, and psychological effects of continual exposure to traumatic stories or events when working in a helping capacity. Symptoms include sleep disturbance, anxiety, intrusive thoughts, a sense of futility or pessimism about people, lethargy, isolation, and irritability. It has been studied in social workers, nurses, doctors, and therapists who work with trauma victims. Recently, researchers have examined the impact upon legal professionals.

Who is most at risk?

Attorneys who work in the field of criminal or family law are reportedly at higher risk of compassion fatigue. Judges are not immune either, research shows. These legal professionals listen day after day to stories of human-induced violence, reading and rereading detailed documentation of traumatic material.

Lawyers and judges are taught not to show weakness; to deny, defend, and deflect vulnerability, while staying emotionally detached at all times. The reality is that attorneys and judges are human beings.

Lawyers and judges exposed to traumatic stories and events may have physiological reactions such as increased heart rate, breathing rate, and muscle tension. They may also experience changes in their assumptions about life, other people, and issues of safety. These reactions are indicative of the physiological and psychological changes occurring within the mind/body due to the processes of empathy or identification, reactions of the autonomic nervous system, and patterns of thinking. If left unchecked, these reactions wear on the mind and the body, resulting in the above mentioned symptoms.

What places legal professionals at increased risk?

Compared to mental health providers and social service workers, attorneys surveyed had significantly higher levels of secondary traumatic stress and burnout. Researchers state that this is likely due to higher case loads, lack of supervision or support, and lack of education in regards to the impact of ongoing exposure to traumatic material and events.

Organizational and job issues that contribute to the development of compassion fatigue include: • • • • •

high caseloads minimal support from supervisors lack of peer support excessive paperwork inadequate resources to meet demands and limited job recognition.

Researchers also report the impact of compassion fatigue upon the work environment includes: • increased absenteeism • impaired judgment • low motivation

• lower productivity • high staff turnover.

These factors, coupled with the culture of practicing law, may discourage attorneys or judges from recognizing the signs of distress or prevent them from seeking assistance. In contrast, social service and mental health workers are educated about the potential impact of the work upon their mental and physical health and are encouraged to talk about it in order to lessen the impact.

What can legal organizations do?

Law organizations need to recognize and acknowledge that compassion fatigue exists and identify how it impacts the practice of law. Prevention strategies include: • reducing caseloads • educating legal professionals about what compassion fatigue is and how a person may be impacted while working with traumatic stories and events.

• encourage staff to debrief their high trauma cases on a regular basis in a supportive atmosphere.

What can legal professionals do?

Whether an attorney, judge, doctor, or a mental health professional, the recommendations to mitigate or treat compassion fatigue are similar.

• understand what compassion fatigue is, assessing for it on a regular basis • talking on a regular basis with another practitioner who understands and is supportive • establishing a healthy diet, sleep and exercise program • work on healthy interpersonal relationships • intentionally seek assistance to help yourself implement change, redirecting thoughts that tell you, “I should be able to do this by myself” to “I don’t have to do it all by myself.”

Linda Albert (lalbert@wisbar.org)is the coordinator of the Wisconsin Lawyers Assistance Program (WisLAP), a member service of the State Bar of Wisconsin. The program uses trained Wisconsin judges and attorneys who provide confidential assistance to judges, lawyers, law students, and their families.

In 2010, Linda appeared as a Panelist at the National Pro Bono Conference in Calgary to discuss keeping legal minds sharp, chaired

by Assist. Assist offers professional, confidential help to lawyers and their immediate families.

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. Another resource is Compassion Fatigue Solutions (www.compassionfatigue.ca), a Canadian company who offers resources, workshops, and other information on workplace wellness and selfcare.

Law Matters | 17

Should I Stay or Should I Go?

By Shekhar Parmar

After a few years in the same work environment, doing the same work, we hear from many associates who find themselves craving change and considering lateral moves. Although this has become quite common, the decision to move should not be made lightly or on an uninformed basis.

This article highlights the top four tips for all associates considering lateral moves.

Shekhar Parmar

1. Know Thyself. Before making a move take time to reflect and (re)discover your core principles and values. Try and think about what it is you hope to achieve by moving. Ask yourself questions such as: are you looking for greater work life balance? More economic rewards? More and/or better mentoring? Better work? Asking these questions will help narrow your reasons for wanting a change and will also provide you with a clearer sight of where you wish to be and what will be the best fit.

is really in your best interest and if so where are the best places for you to go with respect to fit. You have nothing to lose by contacting a professional recruiter as all correspondence is kept strictly confidential and at the very least you will gain some good information about the current legal market. Keep in mind that firm cultures do change over time and what you might have heard a year or two ago about a firm may not be true today.

4. Think About Making The Move For The Long Term. A move at any stage of your career is an important event and you should take considerable time to think about all the factors. Ask as many questions as it takes for you to feel comfortable with your decision and make decisions for the long term. The firm you go to should be one where you want to make partner.

For more information, please contact Shekhar Parmar, Director, The Counsel Network, at 403.444.1764 or via email to sparmar@ thecounselnetwork.com.

2. Consider Culture by Asking Critical Questions. Distinguishing the culture of one firm from another is difficult and many young associates, having spent their entire careers at one firm, often think that all firms are created equal. Almost all firms espouse values of integrity, professionalism, and excellence, and would describe their firm environment as, collegial, open and helpful. Asking critical questions such as: how does work flow from partners to associates, is there a formal mentorship program, how are laterals integrated into the firm, is there a two-tiered partnership system, how is strong individual performance rewarded etc., will help determine which firm will be the best fit for you.

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18 | Law Matters

PBLA Partnership with Field Law Provides Support to Edmonton’s Homeless

By Gillian Marriott, QC

Pro Bono Law Alberta (PBLA) is a not for profit charitable organization that promotes the development of organized pro bono legal services in Alberta. Through the provision of pro bono programs, partnerships and projects, PBLA is working towards enhancing access to justice for low income Albertans.

Since 2007, PBLA has brokered seven partnerships with various organizations and law firms in Alberta. The Boyle McCauley Health Centre - Pathways to Housing Program was established in partnership with Field Law of Edmonton in April 2010. This project creates new opportunities for lawyers to become involved in an initiative that strives to end homelessness in Edmonton and increases access to justice for Albertans living with limited means, which is one of the major objectives for PBLA. Mr. Jim Casey, Managing Partner at Field is very supportive of this partnership “Our firm and our lawyers already make extensive contributions to the community,” Mr. Casey states, “However, we decided to also undertake this new initiative because it was a structured pro bono project with templates and extensive support provided by PBLA. The project provides opportunities for our firm and lawyers to make an important contribution to an organization helping to find housing for the “hardest to house” homeless in Edmonton. PBLA’s experience in helping law firms establish pro bono projects was invaluable.” or the past year, Field Law lawyers have provided pro bono legal support and services to the Boyle McCauley Health Centre – Pathways to Housing Program staff in many ways including advice on human resources management issues, consultations regarding ROI form development and changes, and workshops on landlord-tenant rights and updates to the Health Information Act. The partnership has been

Ms. Christine Pratt, Field LLP Edmonton

Gillian Marriott, QC

very successful and thirteen lawyers from Field have been involved in supporting this project. As a result, PBLA was recognized by the Boyle McCauley Health Centre with a community award in June 2011 for its participation in brokering this relationship.

PBLA is not usually the group that is on the receiving end of awards - rather, PBLA promotes the outstanding efforts of lawyers, law firms and law associations that provide access to justice to low income Albertans. PBLA does this through the Pro Bono VIP program at www. pbla.ca and through the presentation of the Pro Bono Leader in Community Award, which, coincidentally, was presented by PBLA in June 2011 to Ms. Christine Pratt, of Field Law Edmonton, for her role in the Boyle McCauley Health Centre Pathways to Housing Program.

In addition to her role as the liaison between Field and the project partners, Ms. Pratt is also an active board member at Edmonton Community Legal Centre (ECLC) and has been an active ECLC volunteer lawyer since 2003. She has eight years of service and has contributed more than 300 hours providing summary legal advice to low income Edmontonians. Christine has also taken numerous pro bono files over the years, in addition to encouraging other lawyers in her firm to take pro bono files from time to time. Christine is currently working with ECLC to establish a free lunch-time notary clinic at her firm for low-income clients.

The partnership with Field Law has allowed PBLA to indirectly assist low income Edmontonians with their legal needs, and to develop a very positive relationship with a dedicated law firm and its committed lawyers. PBLA congratulates Field Law and its team of volunteer lawyers, and most notably Mr. Jim Casey and Ms. Christine Pratt for their leadership in making this partnership a success in the Edmonton community.

Gillian Marriott, QC, Executive Director PBLA; James Casey, QC, Managing Partner Field LLP; Bob Haubrich, Program Director Boyle McCauley Health Centre Pathways to Housing Edmonton; Bruce Churchill-Smith, QC, President PBLA

Law Matters | 19

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

From the desk of Steve Mandziuk, QC

Greetings everyone. I hope that all of you are having a wonderful summer. As I write this, the torrential rains have ceased and the heat and thunderstorms have begun. It’s wonderful to be in Alberta in the summertime!

Steve Mandziuk, QC

This is my last column as Section Cocoordinator before I move on to a new position as Secretary on the CBA Executive later this summer. It has been a pleasure to serve in this position with Jane Corns, and as always, I express my gratitude to the CBA staff for their invaluable assistance (and for the great job they do all the time). A special thanks and welcome to the incoming Section Coordinators, Jeremiah Kowalchuk and (my classmate) Karen McDougall.

As we get ready for the new CBA season this fall, I note that many Sections are still looking for executive members. Serving on a Section executive represent an amazing opportunity to get involved in the CBA and Jane Corns to participate in the selection of presenters for Section meetings. I speak from personal experience when I say that when it comes to putting together a Section speaker schedule every suggestion is helpful. All of us have connections and ideas to share, so please do not be discouraged or reluctant to step forward and help your Section schedule presenters for the 2011-2012 year (and beyond of course). If you are not a member of a Section, have no worry about that. CBA Section membership is available to all members Woman Inand Lawrepresents AD REVISED 2:34 PM Page a terrific7/22/11 opportunity to receive some1excellent CLE, do

N o rt h

some networking and otherwise get out of the office and amongst your colleagues. You also get full access to the resources on the CBA website.

And, just to reiterate: all are welcome to experience the gratification of serving on a Section executive.

With respect to Sections, I’m happy to report that we have a new Section and a new Section name/description to talk about.

A new Section for sole practitioners and small firm lawyers is being organized. The first meeting will be in September and the plan is to hold four meetings. The Section’s mandate is to “capitalize on the impressive (but widely distributed) brain trust among sole practitioners and small firms”. At present, the Section plans to meet in the late afternoon to accommodate members’ working hours effectively. This sounds to me like a very valuable networking opportunity for that critically important Section of our Bar. The North Environmental Law Section will be changing its name to “Environmental, Energy and Natural Resources” Law Section. This name change is intended to provide consistency with the national Section and to better “illustrate the broad scope of environmental law practice and the inexorable link between energy, natural resources and the environment”.

By using the term “energy” in its name, the Section intends to expand its reach and attract various professionals who work in Alberta’s energy sector and draw from a larger pool of speakers. Changing the Environmental Law Section’s name to the Environmental, Energy and Natural Resources Law Section aligns more effectively with the work of its members and the “outstanding speaker events that the section will continue to offer.”

That’s all for now; enjoy the season everyone, and I’m looking forward to my new role with the CBA.

Join us to celebrate the distinguished achievements of our female colleagues in the legal profession.

The Association of Women Lawyers and The Counsel Network are excited to present the First Annual Women in Law and Leadership - WILL Awards!

Nominations can be made in five categories: • Leadership in the Profession (Private Practice) • Leadership in the Profession (In-House or Government) • Leadership in the Profession (Broader Roles) • Leadership in the Community • Tomorrow’s Leader

tions

Nomina

EN! P O W O N s.ca rd

lawa www.wil

Tickets for the WILL Awards Dinner are available now.

Register early to ensure your seat.

LEADERSHIP CONFERENCE

Preceding the WILL Awards Dinner, we will be holding a Leadership Conference where respected panelists with expertise in legal leadership will present topics geared toward the development of leadership skills for women lawyers. Join us at the conference for an afternoon that will ensure you develop the keys to your own leadership success.

20 | Law Matters

Visit our website at WWW.WILLAWARDS.CA

S out h

From the desk of Birch Miller

Thank you to all section Chairpersons who attended the Chair Appreciation Dinner held on May 31, 2011 at Fort Calgary. The event allows the CBA to show its appreciation for all of the hard work carried out by its Section chairs. I had the pleasure of sharing a table with the Chair of Senior Lawyers, the Honourable Blair Mason, QC, and the Chairs of Young Lawyers, Anjali Coyle and Erika Carrasco – a reflection of CBA’s cross-generational leadership.

Many thanks are also owed to Derek Allchurch who has served as South Section Coordinator for the past 2 years. Derek will be stepping down after overseeing two successful CBA seasons and we thank him for all he has contributed. Curtis Serra, in-house counsel for Suncor Energy, will be filling Derek’s shoes, joining me as a South Section Coordinator over the next year.

We have a lot to look forward to this fall as CBA South welcomes two new sections: Sexual Orientation and Gender Identity Law; and Sole, Small Firm and General Practice Law. Sexual Orientation, Gender Identity Law will address the equality rights of lesbians, gay men, bisexuals, transgendered and two-spirited people; provide a forum for the exchange of information on sexual orientation and gender identity; and provide public education to those

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

members who are lesbian, gay, bisexual, transgendered or two-spirited and/or to those members who deal with issues around sexual orientation and gender identity in their practice.

Sole, Small Firm and General Practice Law will assist those practicing as sole practitioners, in small firms or across a broad range of practice areas with managing their practice and keeping up with the latest trends.

Birch Miller

Please note that, available in August, there will be a new online registration form for the 2011-2012 Section Year. We are also very excited to announce an online RSVP system which will be up and running over the next year. Please visit http://www.cba.org for ore information.

Looking forward to seeing you at a Section meeting over the coming year.

Derek Allchurch

NEW ALBERTA SEC TIONS This year, two new Sections are set to start up in both NORTH and SOUTH:

Sexual Orientation, Gender Identity Law & Sole, Small Firm and General Practice Law To register or learn more about each Section, visit www.cba.org/alberta

Register and pay for your favourite CBA - Alberta Sections

online

Beginning August 17, sign up for the 2011 - 2012 Sections and take advantage of easy online registration and payment.

Planning to attend a Section meeting?

RSVP online!

Visit:

www.cba.org/alberta Law Matters | 21

Assist

How I Spent My Summer Vacation

By Anna Greczmiel Being in law school is tough. 8 months of frantic learning, non-stop reading, and new ideas buzzing constantly around your head. If law school is a thing of the past for you, you probably remember this stressful time, but perhaps nostalgia has taken the edge off. If you are a current law school student, you can most likely relate to this exciting yet often overwhelming time.

I made it out of my first year alive and well, and for this I am very thankful. But then came the pesky business of summer, which all year felt like an oasis just beyond reach in the desert. When I finally arrived, walking free from my last exam, I collapsed and took a huge gulp of water. Then I looked at the calendar and realized that I had 4 months ahead of me before returning to school, and being that annoying law student stereotype who must always keep busy and stay keenly involved in a number of things, I set to work on finding summer employment that would be both interesting and fulfilling.

When looking for summer jobs I knew that the non-profit or public sector would be a good fit for my interests, and I was lucky enough to secure a job with the Alberta Lawyers’ Assistance Society (Assist). This is the first year that Assist has hired a summer student, so I jumped at the opportunity to be involved with the organization.

Assist appealed to me because it brings together my two favourite future endeavours: being a lawyer and helping others. Working with Assist has allowed me to learn a great deal about the legal profession – practical things – that other experiences may not have afforded. Not only am I meeting lawyers who volunteer their time with Assist, but I am also researching and writing on the personal issues presently affecting lawyers in Alberta.

Historically, Assist’s services (professional counselling, peer support, and a multitude of resources) have been available to lawyers, articling students, and their immediate families in Alberta. The more I learnt about the issues affecting lawyers, however, the more I saw a parallel with issues in law school: the stress, the long hours, the career-related decision making, the escapism, and the ongoing need to foster mental health. Not only is law school a stressful time, but it is also a time when habits are formed, coping mechanisms are learned, and our outlook on the legal profession is shaped.

Lawyers’ assistance programs in the United States have done research

You are cordially invited to the 2011 Red Mass October 6, 2011 to take place at: St. Joseph’s Seminary Chapel, 9828 - 84 Street with reception to follow across the hall at Newman College at: 5:30 p.m. - Gowning; 6:00 p.m. - Mass; 7:00 p.m. - Reception Ticket price: $50.00 per person. Please R.S.V.P. if you are able to attend as soon as possible and by October 1, 2011 at latest to jkirwin@kirwinllp.com. Cheques are to be made payable to: “St. Thomas More Lawyers’ Guild of Northern Alberta” and addressed to: c/o Kirwin LLP #200, 10339 - 124 Street, Edmonton, AB T5N 3W1 22 | Law Matters

on their law students well-being and have come up with some startling statistics. Research shows that 30% of law students report they have abused alcohol, nearly 4% of law students feel they need help to control abuse of drugs and/or alcohol, and 17% to 40% of law students suffer from depression. Additionally, self-reports of anxiety and depression are significantly higher among law students than either the general population or medical students.* Here at Assist we are working hard to break down stigmas surrounding mental health and addiction. Having lawyers’ assistance programs available to law students can help achieve this goal, because the sooner we start talking about the real problems that are affecting you and I and surrounding colleagues, the sooner we may come to realize that there is help available, we do not need to be ashamed of our problems, and in some cases the issues we might experience are natural responses to the high degrees of stress we endure. Our ability to cope with these stresses is of the utmost importance, and if we do not have somewhere or someone to go to to ask for help, the problems may escalate and become catastrophic to our careers or personal lives.

Therefore, on behalf of Marian De Souza, Executive Director, Assist is proud to announce that its services are now also available to law students in Alberta. We look forward to working more closely with students this upcoming fall, and increasing awareness of Assist at both the University of Calgary and University of Alberta. Lawyers’ assistance programs need to reach out to law students for the same reason they reach out to lawyers; sometimes seeking help is that much easier when it is provided by people who can relate to you. It is our hope that by expanding Assist’s services to law students, professional guidance and support will be even more accessible by law students experiencing personal difficulties. * Straight Talk About Law School at http://illinoislap.org/law-students

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.

Lunchtime Walk for Wellness Wednesday, August 24th at Noon Please join Assist and your fellow colleagues for a fun, brief walk around the courthouse!

Call 403-537-5508 for more information.

classified et cetera

ADVERTISING Seeking Last Will of Scott Franklin MacDonald, born Dec 13, 1953. He died March 19, 2011 in Edmonton. Will was likely prepared in Edmonton area. Contact Douglas Gorman at The Estate House, 780-4517557, ext 221.

Wanted: In house real estate lawyer. Great synergy! Kensington office $1000/mo. Short term lease, avail. immed. Clark: 403-680-6395.

OFFICE FURNATURE FOR SALE. Reasonable. Located West Central Edmonton. Phone: 780-424-7732.

Vogel LLP is a boutique firm in Calgary, AB. We are looking to add a junior family law lawyer to our busy practice. If you have experience and are interested in working independently with the help of respected lawyers we invite you to apply. Vogel LLP focuses on personal injury, family law, and wills and estates. Our office is conveniently located in south Calgary. We offer competitive compensation and benefits, including continuing education, business development and other opportunities. Please forward your resume to vpohl@vogel-llp.ca.

Established downtown Edmonton Law Office with excellent space sharing opportunity for up to 2 lawyers. Attractive, new, professionally designed 5 lawyer office, with 2 boardrooms, and numerous amenities. Free client parking available. Fully time receptionist negotiable. Great opportunity for private referrals. Please contact us at (780) 428-4040 ext 3, or by email chostyn@grotski-hostyn.com.

WE ARE LOOKING FOR A 1-5 YEAR ASSOCIATE. We are a well established and very busy firm in Grande Prairie. Our practice areas include Corporate, Real Estate, Estates, Litigation and Family Law. A successful candidate will have a good work ethic, be a self-starter and will provide quality legal services.

While there are opportunities for growth in all practice areas, the focus will be on general litigation and family law. For more information, contact Cyril S. Gurevitch Q.C. at cyril@grandeprairielaw.ca or (780) 539-3710.

Enforcement Counsel – Prairie and Pacific Regions. The Mutual Fund Dealers Association of Canada is the self – regulatory organization for mutual fund dealers in Canada. The Enforcement Counsel acts as staff counsel in discipline proceedings conducted by the MFDA pursuant to the regulation of the business and financial conduct of its Members and their approved persons. Responsibilities include representing the MFDA in the conduct of hearings and settlement hearings before Hearing Panels of Regional Councils; providing legal advice to the Investigations group; reviewing completed investigation reports and supporting documentation.

Minimum 5-7 years of litigation experience, preferably in a securities regulatory setting. Bachelor of Laws degree (or recognized equivalent).

Membership in good standing with the Law Society of a Canadian provincial or territorial jurisdiction. The CSC and either the Branch Managers Course or the Chief Compliance Officers Qualifying Exam or a willingness to complete such courses within two years of hiring. Please apply to: humanresources@ mfda.ca.

CLASSIFIED LINE RATES:

Lawyers, for non-profit purposes (i.e. will search) Lawyers, for profitable purposes (i.e. employment) Commercial - any company or association (except lawyers)

INTELLECTUAL PROPERTY. Let us work with you in protecting your clients.

Patents, Trademarks, Copyright. Stemp & Company, Lawyers and Patent Agents, #300, 1324 - 17 Ave. SW, Calgary, AB, T2T 5S8. 1-800-665-4447.

THOMPSON WOODRUFF INTELLECTUAL PROPERTY LAW Registered Patent Agents. Practice Restricted to Patents, Trademarks, Designs, Copyright and related Causes. #200, 10328 - 81 Ave., Edmonton, AB, Canada T6E 1X2.

P: 780-448-0600; F: 780-448-7314.

LAWYERS WANTED. Opportunity to build your own practice and work where you live in Branch Offices in High River, Airdrie and Strathmore. Clients and all facilities provided with no start-up costs to you. Let’s talk... Kim 403-261-4010.

FOR SALE Thriving solicitor’s practice consisting of real property, corporate, wills and estates and municipal for sale in Pincher Creek, Alberta. Owner would work part time for purchaser for 5 years. Potential for matrimonial, civil litigation and criminal. Purchaser must relocate to the Pincher creek area. Pincher Creek, population approximately 3700, is a progressive service centre for southwestern Alberta. The rural area, approximately 3600 population, consists of ranching and farming. Pincher creek is 60 kms north of Waterton Park and close to castle mountain resort, a major ski hill. For details, please contact Douglas J. Evans, Q.C., of P.O. Box 2530, 985 East Avenue, Pincher Creek, Alberta, phone (403) 627-2877, fax (403) 627-4495, e-mail jasman_evans@shaw.ca.

Space avail for independent lawyer or associate to sublease space West downtown Calgary close to LRT line 1100 8 Ave SW. 5 blocks from Courts Centre. Email: bill@stemp.com.

TOP OF GOOGLE – We will get your name To the Top of Google whenever anyone, anywhere searches for a lawyer in your exact practice area in your city. 3 ways - we do them all. ONE is via the Google Adwords system. TWO is we help you set up your Google “Place” page (free). THREE is INCREDIBLE. We put your name (exclusive) and logo etc. on our websites that are already at the Top of Google. We make them totally yours. Call Keith Perkins (16-year lawyer) at Canadian Lawyer Websites Inc. 780-909-5610.

NO TIME OR RESOURCES FOR RESEARCH? Over 10 years as research lawyer. Derek Jackson, Barrister & Solicitor, Legal Research (AB ‘87, B.C. ‘89). Toll-free 1.888.875.4785, E-mail derekjackson@telus.net or go to www. derekjackson.ca. Quality Research Gives You The Edge.

NW CALGARY OFFICE SPACE AVAILABLE (Independent Practice) established law office in the Market Mall Professional Centre. Confidential inquiries to Blake Nichol 403-288-6500 x 229.

WELL ESTABLISHED CALGARY Wills and Estates practice for sale. Centrally located with very accessible office space. Flexible terms for practice. Email: calgarylawyer1@hotmail.com.

INSERTIONS:

DISPLAY RATES: $15 $22 $33

Business card size One-quarter page One-third page One-half page Two-thirds page Three-quarters page Full page

$440 $880 $1,100 $1,540 $1,980 $2,530 $2,970

Per piece - distribution 9,500 Specific postal code areas (Printing not included)

$3,300 Pro-rated

Rates are effective September 1, 2010. A 10% discount is applied on a four issue commitment.

G.S.T. not included.

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.

Law Matters | 23

24 | Law Matters

Directory Corrections: Ray Bodnarek QC, Deputy Minister of Justice’s telephone number should be (780) 427-5032.

All other information is correct. Scott Cozen of Cozen Wiens LLP should have his main phone number as 403-270-0139 and fax as 403-270-3274. Elizabeth R. Shepherd should have her email listed as Elizabeth.shepherd@ willsandestates.ca. Gordon V. Thompson should be listed at Thompson Laughlin, 390, 11012 Macleod Trail South, Calgary AB, T2J 6A5, phone 403-271-5050, fax 403-271-5298. Lana Wiens of Cozen Wiens LLP should have her main phone number listed as 403-270-0139 and fax number listed as 403-270-3274. Daniel Gilborn is at Borden Ladner Gervais LLP, Calgary.

Vice President Jeffrey Wise

Secretary

Analea M. Wayne

Cyril Gurevitch, QC

Marian V. De Souza

Executive Director

Firms: Burnet, Duckworth & Palmer LLP has relocated to 2400, 525 – 8th Avenue S.W., Caglary AB, T2P 1G1. All other contact information remains the same. De Luca Law Office has relocated to Ford Tower Suite 1450, 633 – 6th Avenue S.W., Calgary AB, T2P 2Y5, Phone: 403-920-0565, Fax: 403-920-0556. Faber Bickman Leon in Calgary has changed names to Leon Bickman Brener.

Address, phone number, fax remain the same.

All firm emails now end in @lbblaw.com and not @fbllaw.com. KH Law has moved to 121, 555 – 11th Avenue S.W., Calgary AB, T2R 1P6. Phone, Fax and Email remain the same. Peacock Linder & Halt LLP has moved to 850, 400 – 3rd Avenue S.W., Calgary AB, T2P 4H2. Phone, Fax and emails remain the same. McKinnon Carstairs in Calgary has changed names to Russell McKinnon Professional Corporation. Address, phone, fax and email remain the same. Thomspon & Associates changed its name to Thompson Woodruff Intellectual Property Law. Phone number has changed to 780-448-0600, address and fax remain the same. Weary & Company of St. Albert has changed its name to Weary & Co. Law Office. Address, Phone and Fax remain the same. Stemp & Company has relocated to #233, 1100 8 - Avenue S.W. Calgary, Alberta T2P 3T8. Phone and fax numbers remain the same.

President

Phipps has relocated to Fraser Milner Casgrain LLP, Phone: 780-423-7208, fax 780-423-7276, email steven.phipps@fmc-law.com. Mary Sheldon has relocated to 9107 – 118th Street, Edmonton AB, T6G 1T6, phone 780-884-6777, fax 780-424-3777, email mary@sheldonlaw.ca.

Sean M. Stepchuk has joined Aviva Insurance Company of Canada, Phone: 780-945-2234, Email: sean_stepchuk@avivacanada.com. David Wolanski is at Hodgson Law, Phone: 780-4860006, Email: davidw@hodgson-law.ca. Charlene D. Hiller is at Fasken Martineau DuMoulin LLP, Vancouver BC, Phone: 604-631-3131, Email: chiller@fasken.com. Frank P. Layton, QC is at 5003 Donsdale Drive NW, Edmonton, T6M 2V2, Phone: (780) 424-4272, Email: fplayton@ layton-qc.com.

Treasurer

Lawyers: Josephine Yam has relocated to the Alberta Department of Energy, Legal Services Branch, Phone number: 403-297-5452, Email: josephine. yam@gov.ab.ca. Thomas Flavin has relocated to Edmonton, and is the Assistant Judge Advocate General (Western Region), located at CFB Edmonton, Email: Thomas.Flavin@forces.gc.ca, Phone: 780-973-4011 (4239). Julio N. Arboleda has relocated to Gran Tierra Energy Inc., Phone: 403-265-3221. Loretta Bouwmeester has moved to Miller Thomson LLP, Phone: 403-2982416, Email: bouwmeester@millerthomson. com. Laura Brocklehurst has joined Sawers McFarlane, Phone: 403-208-1970, Email: lab@ smlaw.ca. George E. Craven has moved to Craven Tax Law, Phone: 403-265-7066, Email: George@craventaxlaw.com. Joni Funk has left Gowling Lafleur Henderson LLP. Klara Gillespie has relocated to Alberta Health Services – Legal Services, Phone: 403-943-0506, Email: klara. gillespie@albertahealthservices.ca. Patrick Higgerty is at Docken & Company, Phone: 403-269-3612. Christine C. Hohendorf has relocated to Taga North Ltd, Phone: 403-7245000. Gloria Kang has left Gowling Lafleur Henderson LLP and joined Borden Ladner Gervais, Phone: 403-232-9594, Email: gkang@ blg.com. Denise N. Layton has relocated to Barr Picard, Phone: 780-414-5400, Email: dlayton@barrpicard.com. Patrick Lee Lindsay has joined Borden Ladner Gervais LLP, Phone: 403-232-9500, Email: plindsay@blg.com. Sean MacLachlan has joined Cenovus Energy Inc, Phone: 403-766-2000, Email: sean.maclachlan@ cenovus.com. Jose Luis Morales has moved to McDermott & Company, Phone: 403-296-1800.

Sheila Pahl (nee Mann) has relocated to Legal Aid Society of Alberta, Phone: 403-297-4703, Email: spahl@legalaid.ab.ca. Janan Paskaran has joined Torys LLP, Phone: 403-772-3700, Email: jpaskaran@torys.com. Bradley Shirvell has relocated to SNC – Lavalin Inc. Alanna I. Sinclair is at Jaffer Inc., Phone: 780-429-1255.

Suzanne Smith has joined Cenovus Energy Inc, Phone: 403-766-3047, Email: suzanne. smith@cenovus.com. Nadia Talakshi has left Gowling Lafleur Henderson LLP. Christopher T. Than is at Soby Boyden Lenz, Phone: 403262-0000, Email: ctahn@sobyboydenlenz. com. Jeff A. Whyte joined Enerlaw LLP, Phone: 403-303-9147, Email: jeff.whyte@enerlaw.ca.

Michael Wright has joined Fasken Martineau Dumoulin LLP. Shalee A. Gartner has married and changed her name to Shalee A. Kushnerick.

She has also relocated to ATB Financial, Phone: 780-408-7000. Gloria E. Hammermeister has relocated to 10434 – 142nd Street, Edmonton AB, T5N 2P4, Phone: 780-451-7889, Email: hammermeisterlaw@shawbiz.ca. Jacqueline Kibsey has joined Intact Insurance. Jennifer Leung is at Snyder & Associates, Phone: 780-4264133, Email: jleung@snyder.ca. Brian Peterson, QC, is at Cleall Barristers Solicitors, Phone: 780425-2500, Email: bpeterson@cleall.ca. Steven F

EXECUTIVE

Past President

People & Places

CBA-ALBERTA

Gillian Marriott, QC

Terry Evenson

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: communications@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