Law Matters | Winter 2012-13

A

PU

I BL

TI CA

ON

OF

T

HE

C AN

AD

B AR A IAN

S S O C I AT I O

N

A L B E R TA

ISSN 1704 – 9377

Vol. 37 No. 4 Winter 2012-2013

BA C

BASIC O T K S

Editor’s

PAGE

IN THIS ISSUE President’s Report

3

Avoiding & Resolving Disputes

4

Back to Basics

5

What’s Happening

6

View from the Bench

7

Practice Pointers

8

People & Places

9

Judicial Update

9

Unsung Hero

10

Calgary Legal Guidance

11

Front & Centre

12

Geographic Sections Initiative

14

Alberta Branch News

15

CBA National News

16

LESA

17

Counsel Network

18

PBLA

19

Cross-Section North

20

Assist

20

Cross-Section South

21

Read This Now

21

The Student Perspective

22

Health Matters

23

CBIA

24

ALRI

25

CBA Alberta Awards

26

Classified et Cetera

27

Non-Profit Announcements

27

This edition of Law Matters takes us “Back to Basics”. Robert Harvie, QC, discusses the importance of educating new members of our profession to ensure the continued existence of a free and independent practice of law. Speaking of new lawyers, I am Shannon McGinty, excited to introduce a Editor new column called “The Student Perspective”.

Members of the Faculty of Law student executives at the University of Alberta and the University of Calgary will provide insight on the student experience and view. Read more on page 22.

Another new addition for 2013 is a column from the Alberta Law Reform Institute. The purpose of the column is to communicate more directly to CBA members about the activities of the Institute and to encourage you to provide input on any of the topics that are of interest to you. ALRI Director Peter JM Lown, QC, shares the first article from ALRI on page 25.

We have a number of other informative and educational articles of general interest for most practitioners. Ed Picard from Counsel Network presents Part II of the series “The New Rules of Courting” on page 18. In Part I of this article, he examined three key strategies which firms can employ in order to attract top candidates.

By Shannon McGinty

Ola Malik introduces us to another member of our profession on page 10 whose significant contributions to social justice and community affairs make her this issue’s Unsung Hero. And for something completely different, refer to your Fall Legislative Summary included with this edition of Law Matters.

Law Matters is also your resource on CBA Alberta sections, initiatives and events. President Cyril S. Gurevitch, QC, provides a recap of the CBA Alberta Law Conference held in Edmonton on January 31 and February 1. Geographic Sections are a new initiative being pursued by CBA Alberta, which will see sections being created along geographic lines in communities outside Edmonton and Calgary.

CBA Alberta Treasurer, Steven N. Mandziuk, QC, provides details on page 14. Flip to page 15 in your Law Matters to read an update on Alberta Branch activities.

And finally, it is the CBA’s responsibility and role to speak out in support of all lawyers and to seek to educate and engage lawyers within a larger legal community. These principles are at the forefront of our decision-making when we look to what we will review, analyze and discuss in the coming year’s issues of Law Matters. With that in mind, I sincerely welcome any comments you may have to ensure that this publication remains a vital and informative, and hopefully occasionally entertaining, element of the service that the Canadian Bar Association - Alberta provides to you, its members. Please send your comments to newslet@cba-alberta.org. a

Contributing Authors this Issue Terrence A. Cooper, QC Marian V. De Souza Jennifer Flynn Hon. Judge A.A. Fradsham Katherine Fraser Robert Harvie, QC Fred Headon

Patty Johnston, QC Maureen Killoran Jeremiah J. Kowalchuk Justin Krikler Jared Laneus Erica Lind David Louie

Peter JM Lown, QC Ola Malik Steven N. Mandziuk, QC Gillian Marriott, QC Melissa Morrison Ed Picard Kari Schroeder

editorial committee

L-R top row: Katherine Bilson (Calgary); Terrence A. Cooper, QC (Fort McMurray); Enrique Dubon-Roberts (Calgary); Anthony G. Young, QC (Calgary); and, Devin Mylrea (Calgary).

L-R bottom row: Geoff Ellwand (Calgary); Melissa Gorrie (Edmonton); Robert Harvie, QC (Lethbridge); Dragana Sanchez-Glowicki (Edmonton); and, Gillian Marriott, QC (Calgary).

2 | Law Matters

P r esi d en t ’ s

REPORT

Welcome to 2013! With the hope that all of you had a fantastic Holiday Season, we are all sensing a renewed invigoration and rejuvenation for the future. This New Year will see our Branch bring to life the many concepts, projects and initiatives that were commenced in 2012. Given that we are already one third of our way through the CBA year, I am personally amazed at how much we have accomplished to date. It Cyril S. Gurevitch, QC only goes to show what hard work and President dedicated efforts can produce and I give broad kudos to our current Executive, Staff and Volunteers. They are simply the Best!

On January 30, the Alberta Branch held its first Council meeting of the year followed by our annual general meeting. The Executive presented to Council the Alberta Strategic Plan, aligned to the strategic priorities of the National Strategic Plan. Developed with input from Council members at both the fall meeting and a strategic retreat, this plan will guide the activities of the Alberta Branch for the coming three years.

CBA National President Robert Brun and two representatives from Ontario who are running for 2nd vice president of CBA National joined us. Both Paul Sweeney and Janet Fuhrer are excellent candidates for the position and we wish them the best of luck.

By Cyril S. Gurevitch, QC

CBA Alberta Treasurer, Steven N. Mandziuk, QC, provides details on page 14. Tune into a video update from Steve on our You Tube channel.

I am so excited to see the first of these events get off the ground and am looking forward to seeing a regular progression throughout Alberta. If you reside outside of the metropolitan Edmonton and Calgary areas and are interested in establishing a Section in your community, please contact the Section Coordinators (North or South) or any member of the Executive.

Early promise has been shown by our efforts under the Small Communities Initiative. Medicine Hat proceeded with its pilot project and in its efforts to generate student placements for summer 2013, it advertised two positions, one of which is already filled. We have also received recent offers for summer student and articling positions in Bonnyville. Our focus will now shift to the northern pilot community of Grande Prairie. The Executive will host its meeting on February 25 in Grande Prairie to continue to promote the Small Communities Initiative.

Preparations continue for Law Day 2013 with events planned for Calgary, Edmonton, Lethbridge and Red Deer on Saturday, April 13 and in Drumheller on Wednesday, April 17. Law Day is a celebration and commemoration of our nation’s adoption of the Charter. It provides an opportunity for Albertans to learn about their legal system and the role the law plays in their country. The Law Day Program is made possible due to the efforts and cooperation of the hundreds of volunteers associated with it. Law Day activities include demonstration trials covering civil, criminal, family and custody areas; courthouse tours; “Ask a Lawyer” booths and mini-lectures; Citizenship Court ceremonies; public speaking contests for students from both junior and senior high schools; poster contests for elementary students; and mock trial competitions for high school teams.

CBA Alberta hosted its 2013 Alberta Law Conference from January 31-February 1 at Hotel Fairmont Macdonald in Edmonton. The Alberta Law Conference is the premier annual event for legal professionals in Alberta. The theme of the conference was “Working with Judges and the Courts”. The purpose of this year’s conference was to look at the ways that judges and counsel interact and to explore techniques for improving such interactions. To that end each panel had a judge as a chair or panelist to offer insights from the judiciary. The Conference featured outstanding panels and networking opportunities. Be sure to subscribe to our channel on You Tube to view highlights from the Conference. Papers will be available for purchase on the CBA website.

Visit www.lawdayalberta.com for more information about Law Day in your community. All members of the public are welcome to attend the Open House at the Courthouse. Please encourage your friends and family to attend Law Day in your community.

William Ranson, QC, was presented the Cecilia Johnstone Award for Outstanding Service at the luncheon held on January 31. This Outstanding Service Award recognizes exceptional involvement, dedication and service to the Alberta Branch. Bill joined the CBA in 1975. He has been a member of our Legislation and Law Reform Committee since 1981 and chair of the Calgary committee since 2005.

Bill is also a current member of Council. His commitment to the Alberta Branch is greatly valued. I encourage you all to volunteer and actively participate in Branch activities as a Council, section or committee member. Please refer to the CBA website for opportunities that may be of interest to you.

I’m eager to announce that the Alberta Branch will be launching its new website in the coming months. Like Law Matters, the CBA website serves as a leading resource on CBA Sections, initiatives, events, professional development and news affecting our legal landscape.

The Branch is also launching Desire 2 Learn Capture, a webcast platform we’ll use to capture Section meetings in a rich-media format.

Recordings of past Section meetings are available to Section members for viewing online. Currently, CBA members outside of Calgary may opt for webcast membership in 15 different South sections. We are looking to expand our offering of webcast services to include North and South Sections.

On February 1, the Alberta Branch and the Law Society of Alberta presented the 2013 Distinguished Service Awards to Alexander D. Pringle, QC, Thomas R. Owen, Arlene J. Kwasniak, and Yessy Byl for outstanding contributions to the legal profession, the community, legal scholarship and pro bono service. Recipients were presented with a gold pin and a framed certificate at the annual luncheon.

As a final point, we are now offering online job postings at an advertising rate of $600 for non-members and $300 for members. Notfor-profit organizations may contact the office to discuss potential discounts. To post a job online, please contact our Communications Coordinator at 403-218-4310 or communications@cba-alberta.org.

A significant new initiative has been launched: commencing in the first quarter of 2013, the CBA Alberta Branch has its first Section based on the geographic area where members reside. The first of these sections has been established in Grande Prairie, which will hold its inaugural meeting next month.

We also invite you to visit our website at www.cba.org/alberta, follow us on twitter @CBAAlberta, “Like” us on Facebook and subscribe to our channel on You Tube for updates from the Alberta Branch on some of our major initiatives. We are there for you, so make us part of your life!

Join the CBA Alberta community!

Law Matters | 3

AV O I D I N G & R E S O LV I N G D I S P U T E S Preparation Matters

By Terrence A. Cooper, QC The other day, I received a letter from a lawyer on a commercial transaction which truly underscored the theme of this article.

The letter was a due diligence letter from the lawyer summarizing the detailed list of documentation he would need to review at the initial stage of the transaction. This review would influence whether the parties proceeded forward as proposed, what specific terms might need to be incorporated into the agreement, and what closing documents may be required. The letter acknowledged that some of the documentation requested might not be relevant or required.

Being prepared means that you will know and understand the legal principles that apply to your client’s case long before the matter is scheduled for trial. You won’t be scrambling in the days before trial trying to figure out how you are proving essential facts. Your contracts will clearly incorporate the understanding between the parties. When we are prepared as lawyers, we are better able to help our clients avoid disputes and, when disputes cannot be avoided, we are much more effective in helping them resolve disputes. While preparation takes planning and time in the beginning stages, it will end up saving you more time in the long run.

In summary: Preparation Prevents Problems and Pitfalls. It Promotes Planning, Preparedness, and Performance while Providing a Pathway to increased Productivity and Profits.

Try saying that five times fast! a

Terrence A. Cooper, QC

Clearly someone had given some thought as to what could be important in the type of commercial transaction we were contemplating, and no doubt had developed the due diligence letter as a form of initial checklist for this transaction. By considering what the transaction involves in advance, both in a generic nature and specific nature, the law firm had clearly put tools in place to effectively assist their client.

Regardless of what area of law you may practice in, you must ask the right questions to get the necessary information. Asking the right question involves advance thought and consideration. It involves preparation.

Preparation matters because it helps us develop systems within our office. These systems may take the form of checklists, interview sheets, office procedures or protocols, and libraries of precedent material. The establishment and use of these resources prevents us from trying to reinvent the wheel each time we deal with a similar type of legal problem and it assists us in being more effective, productive, and profitable.

As lawyers, we need to ensure that the tools that we have developed to assist us do not end up becoming obstacles in properly preparing the client’s file. Precedents are useful but they do not replace independent thought and analysis of the issue. Reaching for the precedent too soon may cause us to develop a form of tunnel vision which results in our failing to consider other issues and factors that are important in our client’s case.

Preparation matters to ensure that the client understands the issues and facts that are relevant to the file. If the client is involved in some form of dispute that you are assisting them to resolve, preparation means that they understand the process that is being utilized. There are many times where our clients become directly involved in resolving disputes, either through some informal negotiations with the other party or some more structured form of negotiation such as mediation. When this occurs, it is important to help the client identify what issues may be open for negotiation, what possible outcomes might be available, as well as what outcomes are acceptable to the client and which ones are unacceptable. Having a client participate in resolving the dispute directly on their own without this type of preparation is, in my view, akin to sending a lamb to the slaughter. It may well be that any concessions or commitments the client makes are not binding; however, having the client back away from a tentative deal which arose because they were unprepared creates obstacles or challenges that were easily avoidable.

These obstacles result in delays resolving the case and increased costs.

4 | Law Matters

Claims Against Lawyers

…serving the public interest by championing a high standard of legal service and professional conduct in the practice of law.

Poole Lawyer Barristers & Solicitors 403.685.2012 poolelawyer.com

BACK TO BASICS

Educating Young Lawyers

By Robert Harvie, QC We are lawyers. And, as much as the public may at times be less than enamored with us – we are extremely important to the welfare of our society.

Imagine if you will, a world without laws.

A world where: - there was no protection from the tyranny of the state upon the individual; - where there was no protection for vulnerable minorities against the tyranny of the majority; - where there was no protection for the weak against the will of the strong.

Robert Harvie, QC

The existence of the legal profession is of such import, in fact, that the United Nations has formally recognized it, requiring that all member governments recognize the need to allow lawyers to perform their duties without intimidation, to consult with clients freely and to be free of government sanction for carrying out their duties (Section 16, Basic Principles on the Role of Lawyers Adopted by the Eighth United Nations Congress, Havana, Cuba, 27 August to 7 September 1990).

Ironically enough, the impetus for the U.K. Legal Service Act was a call to promote the public interest and improve access to justice. And, yet, the architect of the plan (The Clementi Report) was not a lawyer, but was, rather, an economist - Sir David Clementi – the former Deputy Governor of the Bank of England.

Perhaps not coincidentally, since the release of his report and the enactment of the 2007 Legal Services Act, Sir David Clementi is now the Chairman of "Virgin Money", one of the newest banks in the U.K., who, no surprise, markets legal services.

One might also note that on Nov. 22, 2012, the Law Society of Upper Canada amended their rules to authorize admission of lawyers without any term of articles – allowing them to take a Law Practice Program instead.

So as busy and as burdened as we are as lawyers– perhaps it’s appropriate to look beyond the bottom line for a moment, and to consider the importance of treating our profession as a profession, and of ensuring that the newest members of that profession obtain the training and mentoring that leads to the continued existence of a free and independent practice of law. Take a moment to assure that we continue to develop the “profession” of law, not simply the marketing of legal products.

Otherwise, the day may not be far off where we begin to train our students to ask clients, "Do you want fries with that?" a

So, then, if lawyers are of fundamental importance to the concept of a free and democratic society, it should follow that the development and training of the newest members of our profession is of equal importance – for without proper vessels to deliver justice, justice cannot exist.

I would hope each member of the legal profession would agree with me on this point – if they could pause from recording billable hours and analyzing accounts receivables to think about it for a moment.

To be sure, the practice of law is a business, but we should be careful to recognize, in fact, that it is more than just a business.

We may hire students, wanting them to generate income quicker than later – and in so doing, we may fail to address the need to allow them to continue to learn and develop as lawyers. We may fail to spend time to help them learn their art, the nuances and unwritten rules that have formed the foundation of our profession.

As we seek to maximize our profit from our students and associates, we may find ourselves bewildered when we see lawyers who appear to be less cordial and less “professional” in their approach to the practice.

But, to them, the delivery of legal service may appear to be just another commodity to be bought and sold.

But is that what legal services are? Just another “product” to sell?

Certainly, we now see the practice of law becoming “corporatized” in the United Kingdom with the recent introduction of their Legal Services Act (2007) – which, effectively, allows for non-lawyers to own and operate law firms – referred to as “Alternative Business Structures.”

RESEARCH AND COMMUNICATIONS

Imagine, if you will, a future where the legal profession is operated by firms like, say, American International Group (“AIG”), Bear Stearns and Lehman Brothers.

Law Matters | 5

W hat ’ s

HAPPENING

February

26: CCCA presents Is the Grass Really

Greener In-House? Online 12:00pm – 1:30 pm ET. Contact Kristina Unsworth at kunsworth@ccca-cba.org.

Patty Johnston, QC

25–27: CBA presents Envisioning Equal Justice Summit: Building Justice for Everyone. Vancouver, BC. Contact Lauren DalBello at laurend@cba.org or 1-800-267-8860 ext. 190.

May

28: CBA presents Labour & Employment

Due Diligence. Online 12:00pm – 1:30 pm ET. Contact pd@cba.org or call 1-800-267-8860.

9–11: CBA presents the 2013 National Immigration Law Conference.

Marriott Château Champlain, Montreal, QC. Contact: Leslie Hurard 1 800-267-8860, ext. 186 or via email leslieh@cba.org.

March

23-24: CBA presents the 2013 National Biennial Health Law Summit:

14: The Calgary Bar Association presents

the 2013 Judges’ Dinner. Westin Hotel, Calgary, AB. Visit www.calgarybarassociation.com for information on how to become a member.

19: CCCA presents Managing Litigation: How In-House and Outside Counsel can Collaborate to Maximize Efficiencies and Predictability.

Calgary, AB. Contact Kristina Unsworth at kunsworth@ccca-cba.org.

28: CCCA presents Electronic Commerce and Internet Law in Canada.

Online 12:00pm – 1:30 pm ET. For details visit http://www.ccca-accje. org/En/events/main/pd.aspx.

April

11–12: CBA presents the 2013 National Aboriginal Law Conference:

Working with and within Indigenous Legal Traditions. Fairmont Empress Hotel, Victoria, BC. Contact Mahoganey Jones at 1-800-2678860, ext. 189 or via e-mail mahoganeyl@cba.org.

14-16: CCCA 2013 National Spring Conference, Toronto, ON. Visit http://www.ccca-accje.org/En/events/main/spring.aspx for details.

6 | Law Matters

By Patricia Johnston, QC

Westin Nova Scotian Hotel, Halifax, NS. Contact: Mahoganey Jones (CBA National Office). Phone: 613-237-2925; 1-800-267-8860, ext. 189 or via e-mail mahoganeyl@cba.org.

26 – 31: CBA presents the 2013 Tax Law for Lawyers Conference.

Queen’s Landing Hotel, Niagara-on-the-Lake, ON. Contact: Leslie Hurard 1 800-267-8860, ext. 186 or via email leslieh@cba.org.

June

20-21: CBA presents the 2013 Annual National Environmental,

Energy and Resources Law Summit, The Explorer Hotel, Yellowknife, NT. Contact: Leslie Hurard (CBA National Office). Phone: 613-237-2925; 1-800-267-8860, ext. 186 or via email leslieh@cba.org.

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

V I E W F RO M T H E

BENCH

We in the legal profession are often criticized for being slow (let’s for the moment confine ourselves to “slow” in the temporal sense).

Doubtless, some of those criticisms are well founded, but I have recently been reminded that the “approach unhurried” is not our exclusive domain.

Very early last Spring, a representative of the company which delivers natural gas to the houses on our country road came to our Hon. Judge door to tell us that the company was about A.A. Fradsham to replace the gas pipelines to each of the properties. He was a very nice chap, but made it sound as though the trenching machines were hot on his heels, and that we would be knee-deep in excavations before nightfall. He assured us that after the company had installed the new pipeline, our property would be restored to its previous state. We thanked him, and awaited the onslaught.

And we waited. And then we waited some more. Several weeks later, a lone pipeline employee (okay, maybe a subcontractor) appeared, painted florescent red markings on the gravel driveway, and placed little yellow flags (mounted on lengths of thin wire) all the way from the west end of the property to the boundary between our land and the neighbour’s to the east. “Here we go”, I thought. And then nothing.

Weeks and weeks went by, and the little yellow flags fluttered in the breeze while the red markings on the driveway created an ambiance similar to that of a crime scene complete with an outline of where the body was found.

Then, one day, a sure sign of the invasion foretold by that stranger so long ago appeared: a quarter of a mile up the road a porta potty and two great spools of yellow tubing were left on the road allowance which goes into a field annually cultivated by a local farmer. But again, more time passed, and the new spring grass started to grow around these incongruent additions to the pastoral scene. The farmer beside whose field these items were dropped had to manouevre around them with his cultivation equipment when it came time to seed the field.

And the little yellow flags continued to flutter, but one day there appeared in our west field a cluster of pick up trucks, a large van, and some sort of drilling machine. A different, but equally polite and friendly, man walked into our yard, and said that they would be directionally drilling from the west to the east. He said the plan was to go the entire length of the road and place new pipeline. Well, that was new. Now, there would be excavations going east to west parallel to the road, and an excavation from that new line south to the house.

Again, I was assured that when they left, all would be as it was before.

I found that a less comforting this time because, during my chat with the nice man, I pointed out that he was about to drill through our septic field. He seemed surprised that we had a septic field. For a moment, I wondered if they had brought the porta-potty for those of us living in the area as some sort of community improvement offering. He was also very surprised to learn that there were water pipelines servicing each residence on the road, and said that he would immediately tell his foreman lest they hit them. Coming from the people who always tell us to “call before you dig”, I found this admirable in sentiment, but somewhat unsettling.

By Hon. Judge A.A. Fradsham

Piles of dirt appeared from the drilling site; it looked as though we had become home to a very large mole. However, in a couple of weeks, the trucks left our field, set up shop in a field to the east of us, and created another mole-like monument. The nice men came to us no more. Only the fluttering yellow flags, the fading red marks on the driveway, and the scarred field served as reminder of their fleeting presence.

However, we were now well into summer, and still the yellow flags fluttered in our yard. Enter, stage left, a new player in the drama: Connor, the two-year old grandson. Little yellow flags, attached to lengths of thin wire, and which flutter at the eye level of a two-year old, are too much of a temptation. One day, I had Connor in the front yard as I tried, in vain, to wear off some of his energy (mine wore off quite well, thanks for asking). As I watched him increase the distance between us, I saw, in horror, that he was pulling out of the ground all the little flags; they would flutter no more.

I fully expected some official to appear and charge us with the violation of some obscure regulation designed to protect the sanctity of small, fluttering pipeline marking flags, but no one came. In fact, no one has ever come again. Summer was replaced by autumn, and then by winter. Snow covered the now all but indistinct red markings on the driveway. The excavations and piles of dirt to the east of us are marked by portable chain-link fences and large florescent signs proclaiming “Men Working”. The signs lie.

So, as we approach another Spring, I suppose the project will start again. New yellow flags will have to be planted. The driveway will have to have new red markings placed on it. More nice men will have to come and tell us that all will be restored to its former glory when they are finished...if they finish.

If my experience is any indication, the following conclusions may be drawn: 1. Pipeline installers are our profession’s formidable opponents in the race for the title of “Slowest in the Land”.

2. Those individuals who are fussed about plans to build pipelines to carry oil to the coast of British Columbia or to the Gulf of Mexico can probably relax...you will have lots of time.

3. One should invest in companies that manufacture small, yellow flags mounted on lengths of thin wire...Connor is just waiting for them to reappear. a

ARBITRATORS: Experienced arbitrators are sought for the Edmonton Roster of the Alberta New Home Warranty Program arbitration system.

Appointments to the Roster will be made by an independent committee based on criteria it established.

Application forms, obtained from Warren Tettensor Amantea LLP, cmulloy@warren.ab.ca, must be submitted by March 31, 2013.

Law Matters | 7

PRACTICE POINTERS

By Maureen Killoran, with thanks to Michael Bokhaut

Maureen Killoran

It is rare that we receive guidance from the Alberta Court of Appeal (the “Court”) on the day to day mechanics and procedures of litigation. However, there are three 2012 decisions in which the Court provided helpful clarification on: (1) electronic signatures/ signing in counterpart; (2) Form of the Judgment; and, (3) JDR practice and Consent Orders.

(1) Electronic Signatures/Approvals “in Counterpart”

In Thompson Brothers (Construction) Ltd. v Alberta (Appeals Commission for Alberta Workers' Compensation), 2012 ABCA 150, [Thompson Bros.] the Court ruled that electronic signatures on Court documents are acceptable. Although including a proviso indicating that a document may be approved Anne Kirker, QC by counsel “via facsimile or electronic signature” has become common practice in Alberta, it is unnecessary. Likewise, the common proviso that approvals or signatures be permitted “in counterpart”, is also unnecessary.

(2) Form of Judgment In Thompson Bros., the Court also provided advice on drafting judgments, indicating that they are “... intended to record the outcome of the Appeal, and [are] not intended to replicate what was said in the reasons for judgment, which can speak for themselves.”

(3) Without the Consent of All Parties, A Consent Order is not an Order Both Gingrich v. Gingrich, 2012 ABCA 371 [Gingrich] and Kyle v. Kyle, 2012 ABCA 374 [Kyle], provide important commentary on Rules 9.2(2) (c) and 3.35 and articulate the practice/procedural differences between Consent Orders and Orders that are pronounced by the Court of Queen’s Bench (“Q.B.”).

In both Gingrich and Kyle, the parties engaged in Judicial Dispute Resolution (“JDR”) in relation to family law matters. In both cases, an agreement on some, but not all, of the issues was reached between the parties at JDR. Subsequent to the JDR, the Respondents both drafted Consent Orders that purported to reduce the agreed terms to writing.

However, the Orders drafted did not accurately reflect the agreement between the parties, and were not consented to by the Appellants, but were nonetheless granted by Q.B. On Appeal, the Consent Orders in both cases were set aside, for different reasons. (i) Gingrich In Gingrich, the Respondent prepared (and forwarded to the Appellant) a draft Consent Order. The Appellant failed to respond within 10 days and, pursuant to Rule 9.2(2)(c), the Respondent forwarded the Order to the Court for the JDR Justice’s signature.

8 | Law Matters

Rule 9.2(2)(c) provides that when a judgment or Order is pronounced and one party forwards a draft Order to the other, the opposing party has 10 days to approve the draft, or object and provide particulars of their objection. If a party does not approve or object to the draft Order within 10 days, the Order may be signed and entered. Essentially, Rule 9.2(2)(c) is a form of ex parte procedure. As such, the party bringing the Application is expected to provide full and complete disclosure of all relevant facts/circumstances to the Justice.

The Court found that Rule 9.2(2) applies only to Orders pronounced by the court. Because such Orders involve adjudication, they are effective the moment that they are pronounced; and, once pronounced, Rule 9.2 applies. However, Consent Orders are different. They are not Orders until their terms are “consented to” by the parties. The Court referenced Rule 3.35 as support for this proposition. (ii) Kyle Kyle involved two Part J appeals from the two Corollary Relief Orders granted. As in Gingrich, the parties in Kyle engaged in a JDR, but no Consent Order or agreement was signed at the JDR. Two months after the JDR, Respondent’s counsel and the Appellant (now unrepresented) reappeared before the JDR Justice in Chambers. At that time, the Respondent presented two Orders for consideration: (i) the “First Order” that purported to represent the settlement achieved at JDR; and, (ii) the “Second Order”, concerning additional issues on which the parties had not achieved any consensus. The JDR Justice granted both of the proposed Orders.

On Appeal, the Appellant argued that the First Order did not reflect the Agreement between the parties and noted that his consent was not endorsed thereon. The Court set aside the First Order on the basis that it was not consented to by both parties (as per Gingrich).

The Second Order was set aside pursuant to Rule 4.21 which prescribes that the JDR Judge may not hear or decide any subsequent application, proceeding or trial without the written agreement of all parties (including the Judge). In the absence of such an agreement, the Court concluded that the JDR Justice had exceeded his jurisdiction by hearing the subsequent application. a

Long Term Disability Claims?

Call Allan Bayda Bayda Law Firm Now located at: #9, 1915 - 32 Avenue NE Calgary, AB T2E 7C8 Ph. (403) 670-0070 or toll-free 1-855-670-0070

Disability Insurance Claims with CPP, Group Insurance and Private Plans

People and Places Please send us your news! peopleplaces@cba-alberta.org Calgary: Loretta Bouwmeester is now with Heenan Blaikie LLP. Dean McCluskey is now with the Legal Department at Cenovus Energy Inc. Alexandra Poole is now with Newalta Corporation. David Sevalrud is now with Carscallen LLP. Tricia Waddell is now General Counsel at Mount Royal University.

CHOOSE FROM CANADA’S TOP MEDIATORS AND ARBITRATORS Alberta Panel

Edmonton: Michele Annich is now with Appeals Commission for Alberta Workers’ Compensation .

Firm: Meyers Davis LLP has moved to 200, 1518 - 7 Street SW, Calgary, AB, T2R 1A7 P: 403-777-1400 or 403-229-3000 F: 403-233-2560.

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

The Hon. W. Vaughan Hembroff, Q.C.

The Hon. Ernest Marshall, Q.C.

Clint G. Docken, Q.C.

Graham Price, Q.C.

E. David D. Tavender, Q.C.

Judicial Update Provincial Court: Lilly Marlene MacKay was appointed as a part-time Justice of the Peace to Provincial Court, Calgary effective November 1, 2012.

Judge R.A. Jacobson (Lethbridge) retired as a supernumerary judge on November 6, 2012.

Judge H.A. Bridges (Edmonton Criminal) was appointed as a part-time judge effective November 22, 2012.

Aran Veylan, QC, has been appointed as a Provincial Court judge to Edmonton Family & Youth, effective November 26, 2012.

Part-time Justice of the Peace Joyce Lynn Lester has been designated as a full-time Justice of the Peace to Provincial Court, Edmonton, effective December 6, 2012.

Deborah Mary Lynn Hanly has been appointed as a part-time Justice of the Peace to Provincial Court, Calgary effective January 1, 2013.

Judge T.R. Goodson (High Prairie) has been appointed as a part-time judge effective January 1, 2013.

Judge D.R. Pahl (Stony Plain) has been appointed as a part-time judge effective January 1, 2013.

Frederick Kirkwood MacDonald, QC, has been appointed as a Provincial Court judge to Edmonton Criminal effective January 3, 2013.

Judge Darlene R. Wong (Edmonton Criminal) has been appointed as a supernumerary judge, effective January 4, 2013.

Martin Charles Elton, QC, has been appointed as a full-time Justice of the Peace to Provincial Court, Edmonton, effective January 21, 2013.

Judge Terrence J. Matchett has been appointed Chief Judge of Alberta’s Provincial Court effective May 12, 2013. His appointment is a seven year term.

Harold W. Veale, Q.C.

1.800.856.5154

[

Law Matters | 9 www.adrchambers.com

Unsung Hero

Danielle Collins

By Ola Malik

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

We are delighted to introduce you to Danielle Collins.

You might rightly wonder what Danielle could possibly have accomplished since her admission to the Alberta bar in 2012 to deserve being recognized as an Unsung Hero. Don’t you need at least some grey hair (or, for most men, no hair) and a soul scarred by the brutality of legal battle before you Danielle Collins can call yourself a true leader in your profession? Or do the young ones among our profession also deserve (from time to time) a place in the sun?

Danielle, an Edmonton native, obtained her criminology undergraduate degree from the U of A in 2004. It was during her 3rd year criminology practicum with the firm of Dawson Stevens Duckett & Shaigec (as it now is) when she was introduced to the practice of law and was inspired to join the profession by the now Provincial Court Judge Larry G. Anderson. After she graduated, her time was spent with social justice organizations such as the Edmonton Native Youth and Adult Aboriginal Justice Committees and Métis Child and Family Services where she worked with highrisk youth and their families.

In 2007, Danielle joined the Family Law Office (a project of Legal Aid Alberta) as a family resource facilitator. When asked what attracted her to Legal Aid, Danielle told me that she went to law school to help people and ensure that even the most disadvantaged have equal access to justice. Legal Aid was a natural choice for Danielle as it provided her with the opportunities to make a real difference to those who need help.

Moreover, the Family Law Office was particularly enticing with its mentorship program which encourages senior lawyers to coach junior lawyers in a collaborative setting. Danielle’s commitment to Legal Aid continued throughout law school as a summer law student with the Family Law Office and as a part-time employee with Alberta Law Line and the Legal Services Centre. Danielle graduated with her law degree from U of A in 2011, and articled with Legal Aid where she now works as a staff lawyer with the Family Law Office.

So what makes Danielle an unsung hero?

It’s because Danielle had the vision to do something for those who need help and she transformed that vision into a plan of action and a strategy for change.

In 2008 while working for Legal Aid, Danielle developed Just-UsGirls with Mark Cherrington of the Youth Criminal Defence Office (YCDO). This program was designed to assist young mothers between the ages of 12-24 who are subject to a youth criminal justice charge or an application brought by Children and Youth

10 | Law Matters

Services before the Edmonton Provincial Court. Danielle and Mark saw that these young mothers were struggling to maintain custody of their children in the face of criminal charges or high-risk lifestyle choices and were unable to cope with the complexity of criminal and family proceedings.

Just-Us-Girls is a voluntary program that encourages young mothers to participate in a sharing circle with women from their community and develop a plan for dealing with their issues (including legal matters) while maintaining their family unit. Participants are encouraged to make healthy choices with the support of a program mentor. This program represents an important shift for these mothers because it encourages them to play an active role in the process and propose ideas which may then be adopted by a court or the respective authority.

Since its inception in 2008, Danielle has done every job required to get Just-Us-Girls off the ground including developing its operational structure, designing volunteer manuals and brochures, organizing and participating in sharing circles, and finding and training volunteers.

Just-Us-Girls is a collaborative initiative that has received invaluable assistance by stakeholders including the Elizabeth Fry Society, Family Law Office, YCDO, various provincial agencies such as Children’s Services, South Youth Probation, Solicitor General and Public Security, Young Offender Branch, and the Office of the Child and Youth Advocate.

In 2009, Just-Us-Girls was designated as a provincial youth justice committee and in 2010, Just-Us-Girls became a program of the Elizabeth Fry Society (Edmonton).

We celebrate Danielle’s achievements – Danielle is an “unsung hero” -- and she represents some of the finest qualities of our profession. a

Do you know an Unsung Hero?

Tell us about them.

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

Calgary Legal Guidance Immigration Program

By Kari Schroeder, Immigration Staff Lawyer Navigating the complex web of immigration laws in Canada can be a challenging task for even the most seasoned legal counsel. Now imagine trying to steer through these complex processes alone, after arriving in a foreign country with little money and limited English skills. With cuts to Legal Aid, drastic legislative reforms and very few services for those newcomers with limited financial means, it is a near impossible task for many recent immigrants. In many cases, proceeding without legal representation can have devastating consequences.

Recognizing the need to provide pro-bono legal services to immigrants and refugees, Calgary Legal Guidance (CLG) started a new immigration program in March 2012. Since opening our doors, the immigration project has assisted over 300 clients and families with a variety of immigration and refugee issues. We have represented refugee Kari Schroeder claimants, fleeing persecution in their home country, at hearings before the Immigration and Refugee Board. We have prepared Federal Court applications, and assisted with applications for permanent residence, work permits and temporary resident visas. For those clients without a clear path to permanent residence, such as failed refugee claimants and victims of domestic violence, whose partners have withdrawn their spousal sponsorship applications, we have filed several applications for permanent residence based on humanitarian and compassionate grounds. In addition, many of our clients are trying to reunite with their families who remain overseas. Some have not seen their spouses or children for several years. We also work with live-in caregivers, temporary foreign workers, and those without status in Canada.

In addition, our clients often face other complex legal problems that may or may not affect their immigration status. Fortunately, through CLG’s other programs, including Domestic Violence Legal Intervention and Family Law, Criminal Law, Homeless Outreach, Social Benefits Advocacy, and Elder Law, CLG is able to assist low-income newcomers and immigrants facing various legal challenges.

The immigration program currently consists of four in-house staff, supported by a dedicated team of volunteers. The work we do in the immigration program is challenging and fascinating, often sad, yet always rewarding. To date we have assisted clients who come from 51 different countries, and each one has a unique story to tell.

CLG started over 40 years ago, as a small, primarily student- run, legal clinic. Since then, CLG has expanded to 25 staff – including lawyers, students, advocates and administrative professionals. However, we still rely heavily on our volunteer base – without the support from the legal community we would not be able to reach so many people. In that regard, CLG runs free legal clinics on-site every weekday evening. The immigration program works closely with various immigrant serving agencies, including the Calgary Immigrant Women’s Association, Centre for Newcomers and Immigrant Services Calgary, to run free legal advice clinics and deliver public legal education workshops.

For more information on CLG’s immigration program, please contact Kari Schroeder at schroederk@clg.ab.ca. a

GREAT RATES ON HOME AND AUTO INSURANCE

Judge for yourself Introducing the new home and auto insurance program for all members of the legal profession.

CBIA Insurance Services offers home and auto insurance, complete with additional features and options that go beyond standard protection – all at exceptionally great rates.

-3

7 1-87

74

2 14-6

GET A HOME OR AUTO INSURANCE QUOTE See how easy it is to switch your insurance company…and save money.

CALL OR CLICK

1-877-314-6274

www.barinsurance.com/homeauto

The Canadian Bar Insurance Association Sponsored Home & Auto Insurance is underwritten by The Personal General Insurance Inc. in Quebec and by The Personal Insurance Company in all other provinces and territories. Certain products and services may not be available in all provinces and territories. CBIA Insurance Services is a division of 3303128 Canada Inc., a licensed insurance broker.

In addition, our clients often face other complex legal problems that

Law Matters | 11

Fr o n t & C en tre CBA Alberta hosted its annual Alberta Law Conference on January 31 and February 1. Read more on page 3...

PBLA Booth, one of the many booths and exhibits at the conference (2012)

Cyril S. Gurevitch, QC, CBA Alberta President (2012)

One of the many panels lawyers attended during the conference (2012)

CBA Alberta hosted a Welcome Reception for law students at the University of Alberta in October 2012.

L to R: Dean Bryden, Justice K. G. Nielsen, Justin Kingston, Steven N. Mandziuk, QC, CBA Alberta Treasurer

Assist hosted a lunch and learn at the University of Calgary law school to discuss “Good Study Habits�.

U of C law student attendees

12 | Law Matters

L to R: U of C law student, Carolyn McCartney, Maryanne Forrayi

Assist lunch and learn

On January 30, the Executive presented to Council the Alberta Strategic Plan . Read more on Page 3...

L to R: Maureen Armitage, Marian V. De Souza, Steven N. Mandziuk, QC, Jeffrey D. Wise, QC (2012)

CBA Alberta Council members (2012)

Cyril S. Gurevitch, QC, CBA Alberta President (2012)

CBA Alberta held its annual Inns of Court Fall Program in November 2012.

L to R: Eleanor Boddy, QC, Judge W. S. Andrew, William Hogle, QC, Wendy Young, Madam Justice B. A. Browne

Law Day is April 13 in Calgary, Edmonton, Lethbridge & Red Deer & April 17 in Drumheller. Read more on page 3...

Law Day

Visit www.lawdayalberta.com for more information about Law Day in your community.

Join the CBA Alberta community!

Law Matters | 13

Reaching out...

By Steven N. Mandziuk, QC

the Geographic Sections Initiative Steven N. Mandziuk, QC, is General Counsel at Finning (Canada) a division of Finning International Inc. and Treasurer for CBA Alberta.

Attracting and engaging CBA members in Alberta who reside outside of Edmonton and Calgary presents a unique set of challenges and a tremendous opportunity for our Branch. An active membership base that reflects the diversity of the legal community in Alberta is critical to our Branch’s success and survival.

Over the past year or so your Executive, CBA staff and many of our members have discussed ways to involve and engage the legal community outside of the two large population centers. As a result, a significant new initiative has been launched: commencing in the first quarter of 2013, the CBA Alberta Branch has its first Section based not on our traditional subject matter model (i.e. family law, criminal law, wills, etc.) but on the geographic area where the members reside.

Steven N. Mandziuk

The first of these Sections has been established in Grande Prairie, which will hold its first meeting near the end of March, 2013, or in early April. The Section Chair is Tim Burnham (Gurevitch Burnham) who will work with Vice-Chair Chad Sawatzky (Stefura, Greber & Beal LLP) in taking a “grass roots” approach to developing the Section in Grande Prairie and its surrounding communities. The Section will have a meeting cycle and format that matches the subject matter of Sections that are based in the two larger cities, with a variety of topics related to substantive law, practice management and so forth.

However, the Grande Prairie Section will not only schedule its own speakers and topics. The Section will have the opportunity to access, electronically, any Section meetings in Edmonton and Calgary that are of interest to its members whose practices are as varied as any in the Province, encompassing family or criminal law, real estate, wills and estates, business and many other areas. This electronic attendance will be in real time, with the opportunity for Section members to participate in the lively discussions that are an important part of our Section meetings. Of course, there will be activities of a more social nature as well. The critical feature to note is the Section members’ ability, through their Section Executive, to structure their Section’s activities to meet local needs and interests, with access to the Branch infrastructure in a full and meaningful way and with all the benefits that the CBA nationally and provincially affords to its Sections and their members.

The development of geography-based Sections will build the CBA family on a Province-wide basis, increasing the engagement of members outside of the two largest cities and of course attracting individuals to the CBA who are not already involved. This initiative gives a large number of members of the legal community more opportunity to learn about and access the CBA value proposition (professional development, networking, advocacy, collegiality and so on) and creates opportunities for involvement and professional growth at the Section, Branch and National levels.

14 | Law Matters

If you reside outside of the metropolitan Edmonton and Calgary areas and are interested in establishing a Section in your community, please contact the Section Coordinators (North or South), Maureen Armitage our Executive Director or any member of the Executive. We would definitely like to hear from all of our friends and colleagues from across this wonderful Province. a

Register for CBA Alberta Sections online! www.cba.org/alberta The CBA offers a full range of sections as the entry point for members to become active. CBA members may join the Branch Sections relevant to their practice areas, and are then automatically enrolled in the corresponding National sections.

With your Section membership, you’ll enjoy many advantages: • Improve your skills. Participating in Section activities brings valuable opportunities for networking and mentoring relations.

• Meet colleagues. Share concerns and hear from experts on current issues at the Branch and National levels.

• Substantive Learning. Learn about the law in your own area and continue to build your knowledge base with continued professional development.

• Participate in CBA Governance. Membership provides you the opportunity to contribute to the governance of CBA Alberta by joining our Council or Executive.

• Receive regular communication. Members are kept current through notices of meetings, summaries of law reform developments and newsletters containing the latest professional information.

CBA North Office P: 780-428-1230 E: edmonton@cba-alberta.org CBA South Office P: 403-218-4313 E: sections@cba-alberta.org

Join the CBA Alberta community!

Alberta Branch News complete leg. survey to enter draw for Visa gift card

join the cba alberta online community

The Alberta Branch is seeking your input to determine if you would prefer to read your legislative summary online. Complete a quick survey at www.surveymonkey.com/s/P37FKPB and receive an entry into a draw for a $200 Visa gift card.

CBA Alberta is now active on Facebook, Twitter and You Tube. Come join the conversation and receive frequent updates on Branch initiatives. Follow us on twitter @CBAAlberta, “Like” us on Facebook and subscribe to our channel on You Tube. We are there for you, so make us part of your life!

At the end of each legislative session, the Legislative Review Committee publishes and circulates to the Bench and Bar a short summary of all legislation passed during the session. A copy of the Fall Legislative Summary is included with your Law Matters.

We would like to know if we can continue to inform you by choosing the more environmental option of posting the legislative summary online only.

We are here to serve you, so let your voice be heard! Complete the survey now and decide how you want to receive your legislative summary, print, online or both.

Survey available at www.surveymonkey.com/s/P37FKPB.

Join the CBA Alberta community!

new website coming soon The Alberta Branch will be launching its new website in the coming months. Like Law Matters, the CBA website serves as a leading resource on CBA Sections, initiatives, events, professional development and news affecting our legal landscape.

Recordings and materials from past Section meetings are available to Section members for viewing online. post on our online job board CBA Alberta is now offering online job postings at an advertising rate of $600 for non-members and $300 for members. Not-for-profit organizations may contact the office to discuss potential discounts. To post a job online, please contact our Communications Coordinator at 403-218-4310 or communications@cba-alberta.org.

View job opportunities at www.cba.org/alberta/main/about/Employment.aspx.

The Legislative Review Committee is a joint committee of CBA Alberta and the Law Society of Alberta. It has subcommittees in both Calgary and Edmonton and has filled a role in the legislative review process in Alberta for over 30 years. The Committee reviews all bills introduced in the Alberta Legislature and provides comments and assistance to both Government and the Bar on drafting and operative aspects of legislation and amending legislation.

The Committee draws upon practitioners with a wide range of practical experience, some of whom have served for many years. The Alberta Branch would like to recognize the dedication and efforts of Committee members in Calgary and Edmonton. Thank you for your service and commitment to the CBA. law day 2013 Preparations continue for Law Day 2013 with events planned for Calgary, Edmonton, Lethbridge and Red Deer on Saturday, April 13 and in Drumheller on Wednesday, April 17. Read more on page 3.

Visit www.lawdayalberta.com for more information about Law Day in your community. To volunteer at Law Day in Calgary, please contact Wilma Shim at wilma.shim@gov.ab.ca. To volunteer in other centres please email communications@cba-alberta.org. All members of the public are welcome to attend the Open House at the Courthouse.

Please encourage your friends and family to attend Law Day in your community.

alc 2013 recap CBA Alberta hosted its 2013 Alberta Law Conference from January 31-February 1 at Hotel Fairmont Macdonald in Edmonton. The Alberta Law Conference is the premier annual event for legal professionals in Alberta. The theme of the conference was “Working with Judges and the Courts”. The Conference featured outstanding panels and networking opportunities. Read more on page 3.

Be sure to subscribe to our channel on You Tube to view highlights from the Conference. Papers will be available for purchase on the CBA website at www.cba.org/alberta.

Legal directory 2013 Look for your copy of the 2013 CBA Alberta Legal Directory with Lawyer, Firm, Court, Judge, Legal Service listings and more, coming to you this spring. One complimentary copy is distributed, at no charge, to each CBA Alberta Branch member. A valuable benefit of membership with the CBA!

Law Matters | 15

CBA National News Envisioning Equal Justice Summit

Deanna Ludowicz of BC receives Legal Aid Leader Award

For too long, we’ve been talking about an access to justice crisis without making tangible progress. But as the crisis has gotten worse, our knowledge base has grown, and strategies are emerging to build a practical vision of equal justice.

If you’re looking to make a meaningful contribution and help resolve the crisis, you need to attend the CBA’s Envisioning Equal Justice Summit, April 25-27 in Vancouver. At the Summit, you’ll develop practical strategies, skills and tools for building a more just society and take home new ideas to use in your own work. You’ll also earn at least 12 CPD hours in the process.

To learn more and register, visit: http://j.mp/equaljusticesummit.

Anti-Corruption Team launches website The CBA’s Anti-Corruption Team (CBA-ACT) has launched an online anti-corruption resource centre. The site provides access to global anti-corruption legislation of interest to Canadian lawyers, specific case law, international resources and conventions, and articles written by experts on the topic.

Deanna Ludowicz of Grand Forks, BC, is the CBA’s most recent winner of the Legal Aid Leader Award.

Having spent her legal career assisting clients in need, Ludowicz has built a reputation as a champion for those without an advocate and for encouraging others to promote and defend the legal aid system.

Impressively, she has been involved with every level of legal aid in British Columbia: as a staff lawyer at the Upper Skeena Counseling and Legal Aid Society in Hazelton; as a sole practitioner in Grand Forks; and as a Legal Services Society Area Director and local agent.

To learn how you can nominate a deserving colleague for the award, visit: www.cba.org/CBA/Advocacy/legalAid/.

Two candidates running for CBA National Second Vice-President Two candidates from Ontario are vying for the position of CBA Second Vice-President for 2013-2014: Janet Fuhrer of Ottawa and Paul Sweeny of Burlington.

The CBA-ACT is a joint committee of members from the International, Business, and Competition Law Sections as well as CCCA. Visit the site at: www.cba.org/CBA/advocacy/anticorruption/

Once elected, the Second Vice-President will go on to become the First Vice-President in August 2014, and then President of the CBA in August 2015.

FAQs on solicitor-client privilege for in-house counsel

All members of CBA National Council are eligible to vote, as per CBA bylaws. Members will cast their ballots online using secure voting technology. An email containing voting information will be sent to Council members in mid-February. The election will begin on February 19 at 8:00 a.m. (ET) and will end March 21 at 8 a.m. (ET). The winner will be announced on March 21 following a tally of the votes.

Building on the popular 2010 FAQs on Privilege and Confidentiality for lawyers in private practice, the CBA Ethics and Professional Responsibility Committee and the CCCA have produced a new series of FAQs about solicitor-client privilege and confidentiality aimed to meet the needs of in-house counsel.

The new FAQs cover the basic principles and offer practical guidance for difficult situations. Sample questions include “What are the exceptions to the duty of confidentiality and solicitor-client privilege?” and “What do I do when there is a possibility of a crime or fraud occurring?”

For the answers to these questions and more, visit: www.cba.org/CBA/activities/code/privilege.aspx

To learn more about the candidates, visit www.janetfuhrer.ca and www.paulsweeny.ca.

Count yourself in

Canadian Legal Conference 2013 – save the dates!

The 2013 Canadian Legal Conference takes place August 18-20 in Saskatoon. Be a part of the only national gathering of Canada’s legal community and attend to connect with your peers and participate in interactive, leading edge PD sessions. Watch for all the details in spring.

One of the ways the CBA can better serve its members is through an enhanced understanding of who they are. The national Membership and Equality Committees have partnered to implement a self-identification module on the CBA website whereby members can update profiles to be statistically counted as a member of a particular demographic group – such as race, sexual orientation, gender, or religion.

Please consider identifying yourself, in confidence. This can be done at any time on the CBA website. To self-identify and count yourself in, visit CBA on Facebook, LinkedIn, & Twitter! http://j.mp/CBAmembership.

The CBA is on Facebook! Become a fan by “liking” our page and keep us in your newsfeed: www.facebook.com/CanadianBarAssociation.

And be sure to follow us on Twitter @CBA_News, and LinkedIn at www.linkedin.com/company/canadian-bar-association.

16 | Law Matters

Learning through LESA

By Jennifer Flynn, Managing Director, Legal Education Society of Alberta “What do we want to learn this year?”

It’s a question we ask at LESA all the time, but it’s particularly significant to us – and you – right now.

Jennifer Flynn

For us, this is a season of planning; it is a time to look ahead at our next educational year and make plans for future seminars and publications. We’re closely watching trends at home and afar, as well as new and anticipated legislation, to digest how these issues will affect the spectrum of the legal community across the province.

For you, it is CPD declaration time again, which means your yearly learning plan is likely top of mind as well. At LESA, we’re here to support you in that plan.

We offer a wide range of live seminars in every practice area and for all levels of experience.

The following seminars will be held from March through June 2013: • Drafting Wills. Learn valuable tips for drafting wills that meet your client’s needs, with a particular focus on changes required since the implementation of the Wills and Succession Act. • Advanced Mediation Techniques. Dig into the practical aspects of mediation as a combination of attitude, process, and skills. This program covers the more thorny issues in mediation such as caucusing, interventions, accusation, and documentation.

• Municipal Law. Topics include planning and development, assessment and taxation, and the roles and responsibilities of council and administration.

• Blood, Sweat and Tears. Discuss DNA collection and use, defenses that can be raised when confronted with DNA evidence, and medical toxicology and the criminal law.

• PCLaw® Bootcamp. Enhance your knowledge of the software at this comprehensive training course.

• Mediation of Family and Divorce Conflicts. Gain 40+ hours of intensive hands-on skills training that is essential for the practice of family law.

• Tax Law Update. Learn about the impact of the current changes including non-resident trust rules, SCC decisions, bilateral tax treaties, and common GST issues.

• Advanced Estate Administration. Targeted to experienced practitioners, this course will delve into issues encountered in administering estates.

• Quasi-Criminal and Regulatory Defences. This program examines criminal and quasi-criminal issues in corporate governance.

• 31st Annual Intensive Advocacy. Develop a confident, professional courtroom presence. In this week-long workshop, you will explore all aspects of trial and hearing work.

In addition to our live programs, there are a number of other ways LESA can support your continuing professional development. We offer online self-study courses in a variety of areas, including courses on the Code of Conduct, Trust Accounting, and Dealing with a Distressed Individual. We have a wide range of publications to support your self-study activities – from our Alberta Law Fundamentals series to a vast array of topical seminar papers. Visit our website for details.

Bear in mind that your CPD Plan might also include working with us as a contractor or volunteer. We’re always looking for subject matter experts to help us deliver our programming and educational resources.

By including some volunteer time in your learning plan, you’re not only contributing to your own career, but you’re sharing your expertise and skill with the profession.

So ask yourself the question: “What do I want to learn this year?” And keep us in mind. We’re here to help.

For more information about our programs, educational resources, and volunteer opportunities, please call us at 780-420-1987 or visit us at LESA.org. a

• Civil Advocacy Series – Experts. Participate in a comprehensive overview of the conduct of an effective examination of an expert witness.

• Rural Property Issues. Cover the issues unique to rural residential property and families including estate planning, division of farm matrimonial property, water issues, and reclamation.

• Social Media and You. Improve your knowledge of the social media tools that impact your practice including Facebook, Twitter, LinkedIn and blogs.

• Family Law – Getting the Most Out of Your Experts. Join us in Lake Louise for a full day (Saturday) discussion of how to make effective use of your experts.

• Family Law Matters – 46th Annual Refresher Course. Our annual three-day Refresher Course in spectacular Lake Louise will help bring you up-to-date in the field of family law while you connect with top practitioners.

Law Matters | 17

The New Rules of Courting How to Retain the Best Associates

(Part 2 of 2)

By Ed Picard In Part I of this article, we examined three key strategies which firms can employ in order to attract top candidates. Meeting the next challenge -- retention -- can prove daunting for firms that are unaware of their associates’ motivators, unwilling to respond to these motivators, or both. What exactly are today’s skilled associates looking for in a successful employment relationship? Feedback from candidate exit interviews reveals that the best employers tend to exhibit the following Ed Picard key characteristics which are fundamental to fostering long-term loyalty: Rule 1: Be appreciative First and foremost, associates desire respect from their colleagues, recognition for the quality of their contributions, and rewards for a job well done. Respect flows when associates are given a voice in the inner workings of your firm, such that their individual wants, needs, and desires are heard and taken into consideration. Be sure to solicit input from associates wherever possible and engage in active listening.

There are many methods of recognizing valued contributions within the firm setting, ranging from simple congratulatory emails saluting an associate’s success to formal programs publicly acknowledging exemplary service. The type of reward structure your firm employs should ultimately depend on the behaviours that your firm wants to encourage. Performance bonuses and other forms of monetary compensation are perfectly adequate rewards if your firm prioritizes financial performance. However, if your firm values the efforts of its associates when contributing above and beyond strictly dollar amounts, it is wise to have a reward program in place that cultivates these positive behaviours. Lastly, whatever your firm’s methods of compensation (salary, draw, bonus, profit share, dividend, or otherwise), be certain that your firm is competitive in the market. Although top-dollar salaries are not necessarily the best incentives, be cognizant that many of your associates are likely chipping away at their student loans.

Rule 2: Be communicative Poor communication is the issue most frequently cited by exiting associates as the reason for their departure. As the maxim goes, communication is a two-way street. Firms must ensure that they are not only consistently informing associates in a clear and straightforward manner, but also actively listening to the concerns of their associates.

This concept was immortalized by author Steven R. Covey in his bestselling book The Seven Habits of Highly Successful People, with an important reversal: “Seek first to understand, then to be understood.”

Highly successful firms make it a priority to learn their associates’ concerns. This approach better equips firms to provide targeted information and advice in response, while also cultivating a working environment in which associates feel appreciated. Creating an effective formal mentorship program, hosting informal associate lunches (in groups or on an individual basis), and assigning junior practice managers are all excellent means of staying in tune with the needs of your associates, and moreover, these mechanisms are an invaluable framework for providing associates with clear and consistent feedback.

18 | Law Matters

An alarming number of exiting associates unhappily recount their struggles to understand the work expectations, billing structure, compensation structure, reward program, mentorship program, governance model, culture, values, and goals of their former employer.

Taking the opportunity to clearly outline and reinforce these fundamental concepts on an ongoing basis will alleviate potential frustrations and effectively teach your associates how to best develop their future careers within your firm.

Rule 3: Be receptive As we’ve noted, today’s top associates focus on much more than the almighty dollar. They crave opportunities for personal growth and professional development, access to information, collaboration with knowledgeable professionals, participation in the firm’s decisionmaking process, and a high degree of control over their personal and professional lives. Such associates are constantly evolving to suit their professional and personal circumstances. Personal changes such as marriage, divorce, pregnancy, children, parental concerns, addiction, and health issues can dramatically shift an associate’s priorities and significantly impact their practice. Although your firm has limited influence over these factors, it is imperative that your firm makes an effort to remain aware of, and adaptable to, your associates’ changing station in life if your firm wishes to keep them aboard for the long term. Skilled associates are among your firm’s greatest assets -- invest in them accordingly, and your firm will turn a potentially rocky relationship into a match made in heaven. a Ed Picard is a Recruitment Consultant with The Counsel Network® and can be reached for comment at epicard@thecounselnetwork.com.

Catastrophic Injury and W rongful Death Claim s ™

Kubitz & Company formerly everard & kubitz is moving

January 28, 2013 to

1716-10 Avenue SW Calgary AB T3C 0J8 Walter Kubitz, Q.C.

Susan Fisher

We are looking for another lawyer to join us!

(403) 250-7100

PBLA Get Grounded in 2013 - Do Pro Bono

By Gillian Marriott, QC, PBLA Executive Director As we begin a New Year we often make resolutions of what we plan to accomplish over the coming months in both our professional and personal lives. Pro Bono Law Alberta (PBLA) encourages you to consider making 2013 the year that you engage in some type of pro bono service.

PBLA creates and promotes opportunities for Alberta lawyers to make pro bono service delivery part of their career path. We facilitate organized volunteer opportunities Gillian Marriott, QC for lawyers to use their skills to help others who may not have the financial means to engage the services of a lawyer. PBLA does this through partnerships, collaborative projects, and events that involve the legal community and the pro bono clinics.

As PBLA is not a direct service provider, we work primarily with the legal community to encourage pro bono service, which in turn, benefits low income Albertans.

This past year PBLA has developed several projects and activities that make it easy and rewarding for a lawyer to volunteer, which has a direct positive impact on the hundreds of people who are in need of quality legal services on a pro bono basis. The Civil Claims Duty Counsel projects in Calgary and Edmonton engage 271 lawyers, 70 of which are articling students, from a total of 19 law firms who have provided over 1750 hours of pro bono service. The response from the courts has been overwhelmingly positive and the participating firms have truly stepped up to the plate to fully embrace this pro bono service opportunity. We thank you all for your support and dedication to this project. www.pbla.ca Tel: (403) 541-4804 Email: info@pbla.ca

The Legal Grounds Advice Clinics are another innovative way to involve volunteer lawyers in a unique model of pro bono service. The concept is simple and effective: volunteer lawyers provide free legal advice in 30 minute pre-booked appointments in a friendly environment over a cup of coffee. In 2012 PBLA and the clinics co-hosted in Lethbridge (April 28), Blairmore (September 29), Calgary (October 17), Medicine Hat (November 24) and Brooks (December 1) with the possibility of a clinic to take place in the Wood Buffalo Region/Fort McMurray area in early 2013. Since the first Legal Grounds Advice Clinic in October 2011, over 400 people have been provided with legal advice by volunteer lawyers who willingly give their time, sometimes on a Saturday, to meet with people who have legal needs.

The Volunteer Lawyer Services (VLS) program provides opportunities for lawyers to become involved in our Human Rights, Veterans Affairs and Alberta Securities Commission projects. As well, volunteers also assist not-for-profit organizations and individuals through a referral and matching process administered by PBLA. The VLS program is an easy way for lawyers to become engaged in pro bono service as our volunteers can define the scope of their involvement.

There are many reasons to do pro bono, and the reasons are different for everyone. For some, it may be the satisfaction that comes from giving back to our society by assisting someone who needs legal help. For others it could be skill development, the chance to be mentored by a more senior lawyer, or a way to network with peers and meet new people. For whatever reason, PBLA encourages lawyers to “get grounded� and do pro bono, in whatever way that works for you. Make 2013 the year that you get grounded in your legal career by offering the best of your expertise to others who need your help.

Your involvement will be appreciated and will help enhance access to justice for Albertans. Happy New Year! a

Pro Bono Law Alberta and the Canadian Bar Association Alberta Branch, invite you to:

Raising the Pro Bono Bar What: A celebration for the legal profession Where: Canadian Bar Association, Calgary office

1725, 311-6 Avenue SW When: February 28, 2013

4:30 - 6:30 pm - Program: 5:15 pm Why:

Learn about volunteer opportunities Network with colleagues Meet pro bono volunteers who make a difference Bring a colleague and share the fun!

Raising the Pro Bono Bar: We are pleased to announce that Honourable Jonathan Denis, QC (PC), Minister of Justice and Solicitor General will attend and present the keynote message. Program starts at 5:15. Register early!

Registration deadline extended to February 22 for CBA members. RSVP at http://www.eventbrite.com/event/3707067940# Law Matters | 19

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

From the desk of Jeremiah Kowalchuk

I am very pleased to observe that the world carried on after December 21, 2012, and to wish you a very happy new year! Your section coordinators pushed through the holiday season undaunted, with only the smallest of glances at the Mayan calendar.

Congratulations to those of you with the foresight not to have spent your life savings on December 20.

Karen McDougall

Geographic Sections are a new initiative being pursued by the CBA Alberta Branch, which will see sections being created along geographic lines in communities outside Edmonton and Calgary. CBA Alberta Treasurer, Steven N. Mandziuk, QC, provides details on page 14. Tune into a video update from Steve on the CBA Alberta You Tube channel. We are very excited to be able to continue to offer excellent value for CBA members outside Edmonton and Calgary.

The Alberta Law Conference planning committee is currently in the final stages of our efforts to organize the ALC for 2013.

By the time this issue of Law Matters hits Jeremiah Kowalchuk your desk the ALC will have been held in Edmonton on January 31 and February 1.

We hope that all who attended the conference had an enjoyable and informative time at ALC, and we look forward to seeing you in Calgary at the Westin Hotel in 2014. Read a recap of the Conference from CBA Alberta President Cyril S. Gurevitch, QC, on page 3.

Assist

Marian V. De Souza

N o rt h

Law Day is the CBA’s next big event in 2013. This national event celebrates the signing of the Charter and promotes increased awareness of our legal rights and responsibilities, and the operation of the justice system. Alberta’s Law Day events shine on the national stage, with information sessions, courthouse tours, mock trials, and other programming staged in communities across Alberta. Visit www.lawdayalberta.com for information about Law Day in your area.

There will be mock trials at Edmonton’s Law Day again for 2013, including a Family trial, Civil trial, Criminal trial, and the Children’s trial.

Law Day is a free event that makes an excellent outing for children of all ages. Please plan to attend Law Day and support this excellent event.

Other upcoming events in Edmonton include the spring Inns of Court session. The fall Inns of Court session had record attendance and was very well-received. The Inns of Court program is an excellent way for junior lawyers to spend some time with and enjoy the company of their more senior counterparts. Also on the horizon for the spring is the Criminal Justice section’s Law and Literature dinner, hosted by Brian Vail, QC, and Susan Phillippe, along with guest host the Honourable Justice Jack Watson. Expect more information to come from the CBA office regarding these events.

As we move into the spring and the final stages of the 2013 CBA year, section executives should continue their ongoing efforts to recruit new volunteers to sit on the executive of their sections for the 2013 – 2014 season. Volunteering for a position on the executive of a section is a great way to contribute to the legal community, to meet new people, and to rub shoulders with the experts in your field. There are many opportunities available for volunteer positions. Please speak to the existing executive of any section you might be interested in working on, or contact one of the section coordinators for more information on availability. a

By Marian V. De Souza, Executive Director Personally, and on behalf of Assist, thanks to all who contributed to the success of Battle of the Bar Bands. The Alberta bar was exceptionally generous in giving their time and donating financially, and the evening was enjoyable and entertaining, thanks to the bands and everyone who participated.

Congratulations to ZSA for organizing an exceptional event and helping increase awareness of Assist.

A special thank you goes to...

• • • • •

Steve Raby, QC, for emceeing the event The Honourable Judge Laura L. Burt, the Honourable Judge Don B. Higa, and Cam Mack, for judging the bands Shannon Quinney and the staff and volunteers at ZSA Legal Recruitment for planning and supporting the event throughout No Reply, The Advo-Cats, The Turbines and Thirst N’ Howl for their performances Dave Branch and Andrea Kormylo for their photography

L to R: Honourable Judge Laura L. Burt, Analea Wayne, QC, Marian V. De Souza

20 | Law Matters

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

From the desk of Melissa Morrison

Happy New Year to all of our South CBA Members. We hope you enjoyed the holiday season - we are looking forward to providing you with interesting and valuable section meetings in 2013.

For those who were lucky enough to attend the Alberta Law Conference in Edmonton, we hope you had a great time!

Melissa Morrison

Curtis Serra

As we look back to the last couple of months of section meetings, it is clear how lawyers can make a difference. We are proud to say that the majority of our south sections organized their December meetings around volunteering and giving back to the community. Many sections prepared and served food for the Mustard Seed or the Drop-In Centre, as well as organized donations for these same organizations.

Great job!

S o uth

Our newest section, Managing Partners, has met and laid the framework for what they want to accomplish and provide to their membership. We are looking forward to seeing what they organize.

Finally, though it seems early, we encourage all of the sections to look toward the 2013/2014 year. It is never too early to start planning for the next year and if you wish to volunteer your time to any of the sections, feel free to contact either of the Section Coordinators.

We can’t wait to see what 2013 brings! a

We are pleased to report that we have had what looks like record attendance at our section meetings so far. This is fantastic news and speaks volumes about the quality of topics and speakers that have presented.

An example of this is the dinner hosted by Wills and Trusts at the Petroleum Club in December. Ian Hull of Hull & Hull LLP in Toronto flew in to speak on Estates and Trust Litigation and this was very well received.

Read This Now

By Dana Schindelka, Vice-Chair of the Legal Profession Assistance Conference Having spent the better part of my life trying either to relive the past or experience the future before it arrives, I have come to believe that in between these two extremes is peace – Author Unknown.

If your legal practice or life are anything like mine you have too many things you need to do and too little time to get them done. I often wake in the morning and think of what I need to get done at work that day. Frequently, at the end of the day I realize that I only accomplished a portion of what I wanted to achieve and in the meantime a number of other pressing matters have been added to the list. Some time ago I realized that when I was working long hours I thought about taking some time off. Ironically, when I was on vacation I was thinking about my clients and the work that was accumulating and would be waiting for me upon my return. Many people in this day and age take phone calls, or review texts or emails while they are in a meeting, visiting a friend, spending time with family or are engaged in an activity that is supposed to be enjoyable such as a meal, sporting event, concert, or show. I realized that I was actually only partially present in some of my telephone and in-person conversations. In addition to being impolite this was not acceptable to me on a number of levels.

This led me to try and make some changes. I am leaving my smartphone in the car when I go for dinner with a friend. I am also not dwelling on the past and am worrying about the future less (alright, I’m trying; it’s a work in progress). In short, I’m now trying to live in the moment and give each person I encounter my full and undivided attention.

I have been told that living in the moment is also called mindfulness.

According to an on-line Psychology Today article, mindfulness: … is a state of active, open, intentional attention on the present. When you become mindful, you realize that you are not your thoughts; you become an observer of your thoughts from moment to moment without judging them. Mindfulness involves being with your thoughts as they are, neither grasping at them nor pushing them away. Instead of letting your life go by without living it, you awaken to experience.

Apparently, the practice of mindfulness originates from Buddhist traditions. I am informed that some Western based psychologists are using mindfulness practice to address a number of conditions including anxiety, obsessive-compulsive disorder, depression and addiction.

Even if you suffer from none of these complaints, mindfulness might help you enjoy your life more, become more productive, and lead you to be more well-balanced.

I am informed that people who live in the moment and are mindful are more secure, empathetic, and happy. They have healthier relationships and higher self-esteem. In addition, living in the moment can lower blood pressure, reduce stress, and boost immune functioning.

Ensure that you are not so focused on the past or the future that you neglect to experience and fully enjoy the present. Savour each moment. Relish each experience and pay attention to what you are doing at the present moment because life unfolds and is lived in the present.

You should live every day in life like it’s your last day because one day you’re gonna be right. – Ray Charles a Republished with permission of SLAW at www.slaw.ca Law Matters | 21

THE STUDENT PERSPECTIVE For most law students, it seems that the law school experience is about a whole lot more than what goes on in the classrooms and library. At every school, there is a diverse range of extra-curricular activities to join and it is quite often through these activities that law students gain the support of other students, are best able to navigate the steep learning curve of the law school experience and develop key support networks.

Katherine Fraser

Participating in the Canadian Bar Association while attending law school can be an invaluable experience. Having the opportunity to interact with members of the Bar provides useful insight into the world of “lawyering” and is also a great way to socialize with other law students in a professional environment.

The Law Student Section of the CBA at the University of Alberta had a busy fall semester, participating in the Clubs Fair Day and hosting a welcome-back reception for students at the Jared Laneus beginning of October. Students who join the CBA are encouraged to attend the noonhour section meetings for free at the CBA office downtown. We also held a lunch-hour meeting at the school in November. Wendy Young, a partner at Emery Jamieson LLP, and Jamie Johnson, from the City of Edmonton, spoke on the topic “What I Wish I Had Known in Law School.”

Erica Lind

Building Your Professional Network Many of us law students find ourselves with tunnel vision of making the grades and securing a job. Study, write exams, have a drink, repeat. Indeed, these pressures can be heavy at times. Outside of recruiting purposes, connecting with members of the legal community may be the last thing on your mind. However, there are several rewards to building early relationships with members of the legal community.

Whether you are meeting someone for coffee or attending a formal networking event, there is much to be gained from forming relationships with legal professionals.

Lawyers possess insight into what the profession is really like. This will help you to bridge the gap between legal education and practice. Talking to lawyers who practice in various areas of law is also a great way to gain insight into which areas you might be interested.

David Louie

In addition to seasoned practitioners, who hold a wealth of wisdom, young lawyers can be an excellent resource since they are not so far removed from law school. They can let you know what to expect from articles and the transition to full time legal practice.

22 | Law Matters

U o fa

Our winter semester highlights included the opportunity to attend the Alberta Law Conference in January and, additionally, another section meeting will be held at the law school in March.

We are fortunate to have lots of lawyers in Edmonton that strongly support the CBA’s Mentor Program, which matches students with lawyers who share practice area interests. Mentors provide important advice about law school and the profession of law, and most lawyers will acknowledge that one or more senior lawyers played an integral role in helping them find their feet when they started in the profession. Students who have participated in the program in the past have attended CBA section meetings with their mentor, met for coffee and/or lunches, etc. The program kicked off with a Mentor Mixer in January.

The law school experience can certainly be demanding, but it is also an excellent opportunity to challenge yourself intellectually and develop practical skills and abilities. The trick is finding a balance and focusing on what works for you. It is never too early to think about your career path and being a member of the CBA provides incredible opportunities for you to learn about the profession for which you are studying. And, as a bonus, many of the section meetings, conferences and events are offered to students either for free or at a substantially reduced cost.

Law school is a much more enjoyable experience if you avoid attempting to make it through on your own. The CBA has certainly added to our law school experience and we encourage all law students to join and take advantage of all that the CBA has to offer. a

U o fc Outside of formal networking events, there are numerous ways to start building your professional network. A classic example is to ask a lawyer, perhaps one that practices in an area of interest to you, to meet for coffee. Chances are if they are willing to take the time to meet with you it won’t be to demonstrate how much of a jerk they are.

Law schools frequently offer guest speakers. Having a brief chat with these speakers is a great way to get your foot in the door. Take advantage of mooting and debating competitions. They are a great way to meet lawyers in the community who volunteer their time to coach or judge. Developing a reputation as an excellent advocate might even lead to job prospects in the future. If you already have a job, engage with lawyers in your office. Much of what you will learn about the practice of law happens informally.

The Canadian Bar Association’s Mentorship Program is an excellent way to make connections with members of the legal community.

Students are matched with a lawyer in their area of interest and the relationship takes off from there. Attending CBA section meetings with your mentor is a great way to meet others in the same practice area as well.

After connecting with legal professionals, be sure to keep in touch.

Simply showing interest can develop into long-term mentorship.

They may be interested to hear about updates in your career and have advice for many years to come. Reach out to the legal community, you may be surprised at the rewards. a

H E A LT H M AT T E R S Half Way There...

By Justin Krikler

Justin Krikler

For most articling students in Alberta, there are only a few months left until we are called to the bar. The first half of this experience has come and gone – perhaps this is a reasonable time to look back, assess our mutual experiences and use this information to shape the remainder of the year. We find ourselves working alongside some of the preeminent Canadian practitioners in their respective fields. The lawyers we work with are an infinite source of knowledge and experience. However, our peers remain an important resource of information and

NEERLS Law School Essay Contest The Law School Essay Contest has been established by the National Environmental, Energy and Resources Law Section (NEERLS) of the CBA to promote and reward interest in environmental, energy and resources law topics in Canadian law schools.

David Estrin Prize • •

support.

• One of the significant differences of practice, as compared to law school, is the lack of face time with our friends that we grew so accustomed to.

If you had a question it was easiest to pester someone in the library or the student lounge. Unfortunately this is no longer as easy, work priorities come first as we tirelessly attempt to navigate the legal world and the expectations of our firms.

500.00 in cash Paid registration to the section’s annual Law Summit in Yellowknife, NT in June 2013 (airfare and accommodations included) Publication in the electronic newsletter, Eco-Bulletin

Submission Deadline: February 28, 2013 Only papers with one author will be accepted. All papers must be received by CBA no later than February 28, 2013. The executive of NEERLS will select a jury of three or more persons to evaluate essays submitted and to select the best scholarly essay.

I canvassed several current students to see if there was any sage advice they could pass along. Below is a selection of the feedback I received from students experiencing a variety of articles across the province.

Visit www.cba.org/CBA/Awards/neerls_essay/ for details.

One student articling for a regional firm says this year is similar to any job. In order to succeed you must work hard and put in the hours.

Having said that, don’t succumb to the articling lore. Time away from the office is welcomed in order to maintain a reasonable balance. It takes more effort, but keeping a few extra-curricular activities is necessary to stay focused while at work. This keeps your time in the office as productive as possible.

Immigration Law Group

Another student says make sure not to put all of your eggs in one basket.

We all entered this year with some understanding of our interests and expectations. Keep in mind there are many years to focus your efforts and practice in a particular area. For now try to gain maximum exposure. Exploit the knowledge and expertise of the lawyers at your firm. Get involved in files that push your level of comfort. This year is likely the final opportunity to gain experience before our responsibility and accountability grows.

Another articling student told me in order to maintain a reasonable work-life balance, it is less about which firm you work for, and more about your personal commitment to achieving a desired goal. It is true that some work environments will demand more time commitments than others. However, managing your days and weeks to set aside personal time can be done. Commit to a certain amount of time each week for activities unrelated to work and CPLED. This will make sure you maintain good mental health.

Remember that tomorrow never dies, unless of course, tomorrow is deadline day. The first half of this experience has flown by at a remarkable pace. It won’t be long until summer comes around and we enter into the season of never ending bar calls. Until then remember that your fellow articling students are often the best resource. a

Peter W. Wong Q.C. D. Jean Munn Rekha McNutt Lisa Couillard

when you and your clients need Immigration advice...

CALL US 403-770-1905 immlaw@caronpartners.com

Law Matters | 23

CBIA Factors That Affect Your Auto Insurance Rates Have you ever compared your insurance premium with that of a friend or neighbor and discovered there was a big difference in cost? In most cases what you believe is an “apple to apple” comparison, to an insurance company is more like an “apple to orange”.

Even when all things are equal, there can be cost differences due to your insurance company’s own unique claims experience in specific regions. In addition, many insurance companies will adjust their rates to attract specific types of buyers.

of claims, and frequency of theft and collisions, all play a part in determining your insurance cost for a specific car. As a result, it’s not unusual for an economy car to cost as much or more to insure than a much more expensive car. There can even be huge differences between similar priced cars. That’s why it’s always a good idea to compare the insurance costs on the models you are considering before making a new car purchase.

RATE DISCOUNTS: Insurers offer premium rate discounts to reward good customers and this can have a significant impact on your cost.

The following are a few of the common, but less obvious, factors that impact your insurance rates.

In addition to the already special low rate for members of the legal profession, you may be eligible for other discounts including:

LOCATION: Where you live has a major impact on your insurance rates.

Congestion, proximity to fire stations and even crime rates can result in rate differences between cities and even neighborhoods within the same city.

Multi-line Discount: Purchase your Home and Auto policies together and receive a discount on your basic home insurance policy premium.

GENDER: It should come as no surprise that younger, less experienced drivers pay more than older drivers, but you may not know that males are considered a higher risk than females at most ages.

VEHICLE TYPE: You might assume that expensive cars cost more to insure than economy cars, but that’s not always the case. The cost

Claims-Free discount: If you have a long claims-free history, you’ve proven yourself to be a good insurance risk and entitled to a lower rate.

You may be eligible for discounted rates on your home and auto insurance through the Canadian Bar Insurance Association (CBIA) sponsored Home & Auto Insurance program, underwritten by The Personal Insurance Company (The Personal). Getting a quote is easy.

Just call 1-877-314-6274 or click www.barinsurance.com/homeauto.

5 Tips to Lower Your Home Insurance Costs 1.

Raise your deductible. The deductible is the amount of money that you have to pay before your insurance company will pay.

Raising your deductible may lower your insurance premiums.

2.

Have multiple policies with one company. You may be eligible for a discount if you place both your car and home insurance, or insure multiple cars with one company such as The Personal.

3.

Make your home safe from theft and fire. Burglar alarms, smoke detectors and fire sprinkler systems – especially those that are connected to a monitoring company - can decrease your risk of theft or damage from fire. Your efforts may be rewarded with lower rates.

4.

Make home improvements. Updating your electrical, plumbing or heating systems can greatly reduce the risk of fire or water damage in your home. Let your insurance company know of any improvements that you make to your home as those improvements could result in a lower insurance rate.

24 | Law Matters

5.

Eliminate coverage you don’t need. Review your homeowners policy each year to ensure that you have coverage for everything that you need and that you aren’t paying coverage for things that you don’t!

For example, are you paying extra to insure jewelry that you no longer own or that has declined in value?

If you are unsure of any details of your coverage or don’t think that you are receiving all of the discounts that you may be entitled to, be sure to call your insurance company to inquire.

You may be eligible for discounted rates on your home and auto insurance through the Canadian Bar Insurance Association (CBIA) sponsored Home & Auto Insurance program, underwritten by The Personal Insurance Company (The Personal). Getting a quote is easy.

Just call 1-877-314-6274 or click www.barinsurance.com/homeauto.

A L B E RTA L AW R E F O R M I N S T I T U T E Reform Matters

By Peter JM Lown, QC, Director

Peter Lown, QC

I am delighted to be writing this article which will become a regular column from ALRI in Law Matters. The purpose of this column is to communicate more directly to CBA members about the activities of the Institute and to encourage you to provide input on any of the topics which are of interest to you. I have had the privilege of attending and reporting to CBA Council for a number of years. I am happy to belong to a branch that is one of the most engaged and active branches across the country.

Law reform is a public process and must be collaborative, open and transparent. As the law reform agency for Alberta, we want to ensure that any recommendations we make are fully and comprehensively informed. We rely on you as professionals and representatives of your clients as an important source of information. It is also necessary to ensure that input is received when it can be best considered and taken into account during the formative stages of policy development.

In 2012, ALRI lawyers engaged in discussion with a variety of sections including Alternative Dispute Resolution (North and South), Construction Law (North and South), Civil Litigation (North), Corporate Counsel (South) and Wills, Estates and Trusts (North). In addition, ALRI delivered a presentation to the Central Bar Association in Red Deer on matrimonial property issues.

In 2013 we hope to expand our contact with Regional Bar Associations in keeping with the Alberta Branch initiative regarding access to justice in rural areas. We also expect to interact with a number of sections including Business, Civil Litigation, Family, Real Property and Wills, Estates and Trusts. Our project on non-profit legislation will require input from a number of sections as well.

We are making some changes in approach to optimize the consultation process. We have modernized our website to make it easier for you to navigate and provide us with comments. All of our publications throughout our 45 years of activity are now available, free of charge, in PDF format on the website. In addition, we will post events, issues and questions by way of our new Twitter feed to which you can respond in a less formal and less time intensive way. Sign up, follow us and become a part of the law reform process.

We will also try to make the process of consultation easier for you to participate in it. The traditional consultation document will still exist and we always appreciate those who take the considerable time and effort to read and provide thoughtful comments. We now have other possibilities such as surveys, electronic focus groups or specific fact issues. We want to make it less demanding for you to volunteer your time and expertise. With your engagement and input we can make sure that the law and administration of justice in Alberta is as up-todate and effective as possible. Your involvement, large or small, will contribute to that goal.

CBA members and sections have been a crucial link in the law reform consultation process in Alberta. I hope that this column will be one method by which we can grow and improve the consultation process and advance ALRI’s mission – Dedicated to advancing just and effective laws through independent legal research, consultation and analysis.

Here are ALRI’s major contacts: Website: www.alri.ualberta.ca Email: reform@alri.ualberta.ca Twitter: @ablawreform

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 | 25

C B a alberta Awards 2013 Cecilia Johnstone Award for outstanding service

William Ranson, QC

William Ranson, QC, was presented the Cecilia Johnstone Award at the Alberta Law Conference in Edmonton on January 31.

This Outstanding Service Award recognizes exceptional involvement, dedication and service to the Alberta Branch. Bill joined the CBA in 1975. He has been a member of our Legislation and Law Reform Committee since 1981 and chair of the Calgary committee since 2005. Bill is also a current member of Council. His commitment to the Alberta Branch is greatly valued.

Notice to the Profession The interest rate for pecuniary damages under the Judgment Interest Act has been set at 1.40% for the period January 1, 2013 to December 31, 2013. You may wish to pass on this information to your members.

Ray Bodnarek, QC, Deputy Minister of Justice

2013 Distinguished service awards On February 1, CBA Alberta and the Law Society of Alberta presented the 2013 Distinguished Service Awards at the Alberta Law Conference in Edmonton. The Distinguished Service Awards celebrate excellence in the legal profession. These prestigious awards recognize the many outstanding contributions Alberta lawyers make to the community, to the profession, to legal scholarship and in pro bono legal service.

2013 Distinguished Service Award Recipients: Service to the Community Thomas R. Owen

Legal Scholarship Arlene J. Kwasniak

Service to the Profession Alexander D. Pringle, QC

Pro Bono Legal Service Yessy Byl

ADVERTISING CENTRAL ALBERTA LAW FIRM of Miller, Lehane & Wild located in Innisfail, AB. We carry on a general practice of law and will have a career opportunity which we believe will be very attractive to one or two young lawyers commencing in early 2013. If you are interested please email your inquiries or resume to jjlehane@hotmail.com or gmiller@mlwlaw.ca.

INTELLECTUAL PROPERTY. Let us work with you in protecting your clients. Patents, Trademarks, Copyright. Stemp & Company, Lawyers and Patent Agents, 233, 1100 - 8 Avenue S.W. Calgary, AB, T2P 3T8.

1-800-665-4447.

LAWYERS WANTED. SUPPLEMENT YOUR INCOME: Orlando, Florida Law Firm seeks lawyers licensed in Alberta with 0-5 years experience to review and manage civil tort claims, as well as possible mediations/litigation on an ongoing contract basis. E-mail resumes and references to: James F. Welborn; Palmer, Reifler & Associates, P.A.; jwelborn@civilrecoverylaw.com.

Locating Last Will and Testament of Raymond Geoffrey Flanagan, AB resident. DOB Apr.30/54 DOD Jan.30/11. Contact Jennifer 780-906-0939 or email: destined2bme@live.ca.

London UK flat for rent. Spacious 2 bedroom, 1 bathroom flat for short term rental in Chelsea, close to the Earl’s Court tube station.

Contact Gloria@vinciphillips.com.

McConnell Law Office in Whitecourt, Alberta has an opening for an associate lawyer with 1 - 5 years experience. We have a general law practice with an emphasis on family and criminal law. Whitecourt is a centre for oilfield services with exceptional community amenities including a new indoor Recreational Centre and fantastic outdoor activities. The area provides a great opportunity to build a thriving practice. Starting remuneration is between $70,000.00 and $85,000.00 depending on experience and qualification. Please reply in confidence to McConnell Law Office by email at mcc-law@telusplanet.net.

classified et cetera NEUMAN THOMPSON is a management-side labour and employment boutique firm that is expanding. We represent an exceptional base of local, regional, national and international clients and we are looking for lawyers with litigation experience and/or a keen interest in litigation to join our firm. Reply in confidence to Chantel Kassongo via email at ckassongo@neumanthompson.com.

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.

OFFICE SPACE NW CALGARY AVAILABLE for independent Practice on 14th St. & 20th Ave. Five minutes to downtown. Enquiries to Gordon Murray 403-297-9850 or gmurray@murraylaw.ca.

Seeking last Will & Testament of Loretta Catherine Reid (nee Smith), who died in Calgary Jan. 18, 2013. Contact Tracey Reid: 604-777-4449 or e-mail tracey1123@hotmail.com.

South Side Edmonton Law Office is seeking a full-time lawyer.

Flexible arrangements. Referral work available. Interest and experience in Real Estate Law an asset. Excellent opportunity for the right person.

If interested, reply in confidence by email to john@stadnyklaw.com.

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.

WELL ESTABLISHED LAW FIRM FOR SALE. The 2 man law firm is a general practice focusing on corporate, real estate, commercial matters, wills and estates. 30 years plus in SE Calgary. Could easily expand to include litigation, divorce and criminal law. Will assist in takeover. Please respond in confidence to calgarylawresponse@gmail.com.

CBA Alberta is now offering job postings online. To post a job online, please contact the Communications Coordinator at 403-218-4310 or communications@cba-alberta.org. View job opportunities at www.cba.org/alberta/main/about/Employment.aspx.

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)

$15 $22 $33

INSERTIONS:

DISPLAY RATES:

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 10,000 Specific postal code areas (Printing not included)

$3,300 Pro-rated

Rates are effective as of February 2011.

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.

announcements Calgary Legal Guidance, a poverty law office in downtown Calgary, is seeking an experienced lawyer for our Immigration Law Project. This position is funded until March, 2014 with an excellent chance of becoming permanent. Started less than one year ago you will have the opportunity to develop the program with our community partners through legal clinics and direct representation leading a team of staff and volunteers. We offer excellent work-life balance, full benefits and a dynamic, positive environment.

Please go to our website for more information: clg.ab.ca, or contact the Executive Director, Larry Horeczy, at 403-716-6475.

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

Law Matters | 27

CBA-ALBERTA

Saturday, April 13, 2013

President

Vice President

Cyril S. Gurevitch, QC

Marian V. De Souza

Treasurer

Secretary

EXECUTIVE

Steven Mandziuk, QC

Wayne Barkauskas

Past President

Executive Director

April 17, 2013 in Drumheller

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

Jeffrey D. Wise, QC

Maureen Armitage

CBA Alberta Members Look for your copy of the

CBA Legal Directory 2013, with Lawyer, Firm, Court, Judge, Legal Service listings and more, coming to you this spring!

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

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

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

Another benefit of membership with the CBA!

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

Join the CBA Alberta community!

28 | Law Matters

www.cba.org/alberta