BarTalk | June/July 1995

Newsletter of the Ca nadia n Ba r Association (B.C. Bra nch) June/July 1995 Vol. 7 • No.3

INSIDE President's Message .•••• 2 Provincial Council Meeting Highlights .... 3 Registry Q&A ........••..... 4 Section Talk .....•....••..•..• 5 Charity Golf Tourney •• 8 PracticeTalk ••.•..•.•••••.••• 9 legislative Update ...... 11 Call for Goyer Award Nominations .••......... 15

B.C. BRANCH NAMES JOHN WADDELL AS NEW PRESIDENT ohn D. Wad dell of Stewart Wad dell Rapani & McLean in Victoria has been named President of the B.C. Branch for 1995-96.

He succeeds Eric Rice, Q.C., of the Richmond firm Campbell Froh May & Rice, effective August 24.

Waddell, a graduate of Queens University and the University of Alberta who practices in the area of civil litigation, has been actively involved in CBA activities for nearly 10 years.

Currently Vice-President of the B.C. Branch, he has been an elected member of Provincial Council since 1987 and has served as Chair of a number of branch committees, including the Young Lawyers Section and the Communications Committee.

At the national level, Waddell has served the CBA in a number of capacities, including being a member of the executive and as Chair of the National Membership Task Force. A director of the Canadian Bar Insurance Association, he also

is an honourary member of the American Bar Association Young Lawyers, an affiliate member of the ABA, and a director of the Victoria Civic Heritage Trust.

Others elected to the B.C. Branch Executive Committee for 1995-96: Vice-President • Emily Reid, Q.C., Vancouver.

SecretanJ-Treasurer • Kerry-Lynne Findlay, Vancouver.

Past-President • Eric Rice, Q.C., Richmond.

Executive Officers • Judith Milliken, Vancouver.

• Mary Mowat, Victoria.

• Greg Steele, Vancouver.

• Gordon Turriff, Vancouver.

Continued on page 10 CBA (B .C. Branch) Executive Committee members for 1995/96 are: (seated front row from left) Emily Reid, Q.C., Vice-President; john Waddell, President; Eric Rice, Q .C., PastPresident; Kerry-Lynne Findlay, SecretaryTreasurer; (standing back row from left) Executive Committee Officers Mary Mowat, Greg Steele, judith Milliken and Gordon Turriff.

PRESIDENT'S MESSAGE

WE CAN HELP OTHERS AND OURSELVES THROUGH CHARITY ne good thing about the 0. J. Simpson trial has been the public exposure to Marcia Clarke, a good lawyer whose income is a lot less than F. Lee Bai---~ ley's. Even so, with her's at $90,000 (U.S.), the popular view of her and the rest of us as a comfortable class is hardly dispelled. That perception, which is pretty much factual, natuEric Rice, Q.c. CBA (B.C. rally affects people's opinions of us, and hence Branch) President 1994/ government policy. How else could our gov95. ernment have gotten away with the legal services tax?

We saw the same sentiments aroused in the recent debate over the Cabinet's rejection of raises for our Provincial Court There is a feeling ... like Judges. The independence question wilted beside the figure of $132,000 no other in supporting and comparisons such as the Vancoupeople who need help ... ver Sun trotted out between that and the income of welfare mothers with one child ($11,000).

In a previous article I pontificated in favour of hard work, loyalty and learning as remedies in the long run for our image problem. I might have added a further measure considering that the good money that we make is an aggravating factor. It is a simple solution- giving some of it back. Charity.

There is a feeling, they say, like no other in supporting people who need help and in knowing that one's community is thereby strengthened. There is a bond created with others who share in the endeavour. And the more that is given the better. Exactly how much and to whom are personal questions of course, but they are worth asking.

Most of us come from backgrounds where it was once accepted that a healthy portion of the family income would go to religious and charity institutions which would, in turn, administer to most of the welfare and good works in the community. Times have changed, and not many give the same portions today. But most of us do give. We give at home and at the office, and maybe a bit more at Christmas. Some of us give regularly at our places of worship, and some are loyal to particular charities that have special meaning. The message that moves us most is that those who receive what we give really need it.

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Charity campaigns have become exceedingly sophisticated, with media and direct mail advertising, and it is worth a donor's while to inquire into the application of funds, the percentage that goes to overhead, advertising and capital costs. We have heard of the mass squandering of funds by certain overseas relief funds and evangelical ministries. However, most of the main campaign drives are run on the up-andup and provide reliable accounts of their programs. These include the big five locally- The United Way, B.C. Children's Hospital, Canadian Cancer Society, Heart & Stroke Foundation and The Salvation Army.

The United Way is a convenient example. It raises funds through a federated campaign for over 90 member agencies in the Lower Mainland. It offers the convenience of one-stop shopping with the alternative of direct designations, even to non-member agencies. Over 500,000 people in the area use one or more ofthe services that it funds, and practically all of the agencies depend heavily on the United Way Campaign for funding . Of some concern has been the deceleration of growth in funding and individuai donors. In fact, there was a significant loss of donors in the workplace campaigns last year over the previous year. The economy was a factor, as well as the very strong competition with other campaigns for donations. As well, there has been the demographics factor, and all charities are facing the challenge of building relationships for the future within the multicultural communities.

Getting back to the original point, charity is a very direct and sincere way to show our commitment to the betterment of society. For those who give generously there are rewards, and that good feeling, and a federal tax credit of 17 percent on the first $200, plus 29 percent on donations above that amount. •!•

BarTalk Vol.7 No. 3

Highlights of June -10 Provincial Council Meeting •

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Budget Approved: The B.C. Branch budget for fiscal1995-96 was approved unanimously . The budget projects a modest surplus on total revenue of $2.25 million.

Judges Salaries: President Eric Rice, Q.C., referring to the provincial government's announced freeze on judges salaries until1998 despite the recommendations of a government-appointed commission, said judges have received no increase since 1992. Their salaries should not be compared with other government employees, given the independence of the judiciary, he said. Executive Officer Doug Robinson added his concern, saying: "Twenty years ago doctors were the number one profession in B.C. Now they are civil servants ."

Motor Vehicle Act: Don Yule of Vancouver reviewed ICBC proposals on safety issues and proposed amendments to the Motor Vehicle Act tabled in the legislature. He said new photo radar legislation would make the vehicle owner liable for speeding offences. If thedriverwasnotentrusted with the vehicle, the burden is on the owner to prove it. Amendments also include proposals to impound cars of unlicensed drivers, or of drivers under suspension, for 30 days for the first offence and 60 days for the second. If the driver was not entrusted with the vehicle, the owner can take civil action against the driver to recover fees and costs incurred as a result of impoundment.

Legal Professions Act: A resolution moved

by Kathryn Berge of Victoria and approved

by Council urged the B.C. government to return scheduled amendments to the Legal ProfessionsActto the spring 1995legislative agenda as a "priority item." The amendments include a Law Society of B.C. proposal to double the number of lay benchers to six.

By-Law Amendments: Draft amendments to the B.C. Branch by-laws were approved in principle, subject to consideration at the Annual General Meeting Sept. 15. The amendments are designed to clarify duties of elected members and improve communications between members of the profession and Provincial Council.

June/July 1995

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Poverty Law: Council approved a resolution proposed by the Poverty Law Section asking National Council to make a submission to the Canadian Senate on changes to national standards of the Canada Assistance Plan contained in Bill C-76. The Section says the changes violate sections of the Constitution Act and the Canadian Charter by adversely affecting the delivery of provincial social assistance programs, including welfare and legal aid services.

• New Section approved: Council approved the establishment of a new Section to assist women in business development and marketing services. The name of the Section will be determined later.

• Dial-a-Law tapes: An appeal for help in reviewing and updating Dial-a-Law tapes was issued by Section Chair Craig Goebel. He said some tapes may have to be eliminated rather than left on the system in outdated form. Although tapes related to family law issues are the most used, the least help comes from family law practioners. Dial-a-Law is one of the most high-profile programs offered by the B.C. Branch, benefiting both the public and lawyers.

• Legal Aid: Doug Robinson reported on a "looming crises" over legal aid funding, saying a shortfall of $12 million is estimated for the coming year. The Legal Services Society has asked the provincial government for permission to roll over its $6.5 million deficit. If turned down, the Society will be forced to look at more cuts and user fees.

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Mutual Benevolent Society Allan Bate, Q .C., has been appointed to a subcommittee of Provincial Council's Member Services Committee to determine whether a mutual benevolent society should be formed for members of the Bar in B.C. Views of CBA (B .C. Branch) members are welcome and should be sent to Robert Smethurst, Q.C., executive director of the B.C. Branch, in Vancouver.

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REGISTRY Q & A BY jOANNE POWER

Manager Registrar Programs

APPENDIX "C" Schedule 1

Rule 41(14)

Item 7

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What is the fee for filing a Notice of Hearing of Petition?

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if the matter is put on the chambers A Nothing list. However, if it is scheduled on the trial

list, the cost is $140.00. Counter people should excercise caution when filing these notices.

Court Order

ENFORCEMENT ACT Section 4 (7)

Should a registrar be concerned if the Affidavit in Support of a Garnishing Order was sworn more than seven days previously?

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Yes, we should not issue the Garnishing Order.

Section 4(7) of the Court Order Enforcement Act:

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"(7) In this section, the expressions "debt due" and "debts due" include debts, obligations and liabilities owing, payable or accruing due and wages that would in the ordinary course of employment become owing, payable or due within 7 days after the date on which an affidavit has been sworn under subsection (1) or subsection (2)."

When should an order be dated when judgment is not pronounced in open court?

Lloyd DeBeck & Partners Ltd. V Cumis Life A msuranceCompany(1984)51 B.C.L.R.168at 170-71 (C.A.): "When judgment is not pronounced in open court, it is pronounced when the judge's reasons are published; the reasons are published when they are date stamped at the registry."

Rule 40(16)

How are civil exhibits from matters before the trial court disposed of?

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After the appeal period expires the Exhibit A Custodian checks with the Court of Appeal (Fax #660-1951) to determine whether an appeal has been file. If "yes" the exhibits are retained to the conclusion of the appeal. If "no" the Exhibits Custodian writes to the parties (or their solicitor) asking them to come and claim their property. If the exhibits are not claimed within the one year time period, as described in Supreme Court Rule 40(16), they are destroyed.

Rule 24(3)

Rule 41(24)

What does "to provide for any matter which should ave been but was not adjudicated upon" pursuant to Slip Rule 41 (24) mean?

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applications are normally presented A These as a desk order with affidavit material in support. We as registrars should not rejeCt these applications. Such applications should be referred back to the judge who made the original order, unless there is good reason not to do so.

Dalziel v. Dalziel(1977) 3 B.C.L.R. 73 at 767; 4 C.P.C. 73 (S.C.): If you have any interest-

ingor unusual questions or comments about this column, please write directly to: JOANNE POWER Manager, Registrar Programs Law Courts 850 Burdett Ave. Victoria, B.C. V6W 1B5 4

"The subrule enables a judge who would otherwise be functus officio after entry of an order to include a term that was omitted, where the intention of the parties is shown to have been that the term should be included."

Is it mandatory to underline amendments in red? If so, what is the authority?

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No, although if amendments have to be done A more than once, successive amendments can then be identified more easily by color.

The amendments must be made on a copy of the original pleading. In this manner, both the original pleading and the amendment may be seen on one document. If the amendments cannot be included in the photocopy of the original document due to a lack of space, the original document can be retyped.

The document showing the amendment must bear the date of the original document.

APPENDIX "C" Rule 17

Why do we not charge $30.00 on Default 路 judgments?

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The rules allow for default judgments as an Aevent in a proceeding. Reading Appendix "C" the fee requirement is for an application and a Default Judgment is not an application.

BarTalk Vol.7 No. 3

LAWYERS BEWARE OF INADVERTENT WAIVER OF SOLICITOR-CLIENT PRIVILEGE Wills & Trusts Section, Vancouver February 28, 1995

uring a recent Wills and Trusts Section meeting Janine Thomas discussed Shell ey Bentley the Cineplex Odeon Corporation v.

A. G. of Canada 94 DTC 6407 (Ontario Court [General Division]) case and the circumstances in which solicitor-client privilege may be waived inadvertently.

The Cineplex case deals with the waiver of solicitor-client privilege over confidential communications by disclosure of such communications to a third party, in this case, the taxpayer's external auditor. The facts are relatively straightforward.

KPMG Peat Marwick It is important to Thome ("PMT") acted for Cineplex in two determine in each case, capacities: its Tax Accounting Department which type ofprivilege was Cineplex's tax accountant and its Auis involved : .. dit Department was Cineplex's external auditor. In the course of its review of certain transactions involving Cineplex, Revenue Canada seized certain documents with respect to the transactions from the files of PMT' s tax accounting team. On a previous application, Cineplexhad successfully argued that the seized documents were protected by solicitor-client privilege under s. 232 of the Income Tax Act. However the partner in charge of PMT' s tax accounting team had given copies of five of the documents to the audit team in connection with its audit investigations. Revenue Canada then argued that it was entitled to see the five privileged documents because disclosure by PMT's tax accounting team to PMT' s audit team constituted a disclosure to a third party and a waiver of the solicitor-client privilege. The issue was whether the privilege attaching to the five documents had been waived.

Ms. Thomas reviewed briefly the law relating to solicitor-client privilege in order to put the

case in context. Section 232 of thelncome Tax Act incorporates the provincial common law principle of the solicitor-client privilege with one exception which does not apply to the present case .

She referred to the Susan Hosiery Ltd. V MNR. 69 DTC 5278 (Exch. Ct.) case to outline the two types of privilege in existence:" .., there are really two quite different principles usually referred to as solicitor and client privilege, vis: (a) all communications, verbal or written, of a confidential character, between a client and a legal advisor directly related to the seeking, formulating or giving of legal advice or legal assistance (including the legal ad visor's working papers, directly related thereto) are privileged; and (b) all papers and materials created or obtained specially for the lawyer's "brief" for litigation, whether existing or contemplated, are . privileged."

It is important to determine in each case, which type of privilege is involved because the extent of the third party communications covered is not the same. The Cineplexcase involved the first type of privilege- communications to obtain legal advice.

The general rule is that communications between a client and third parties other than lawyers are not privileged. Accountants are in the same position as any other third party. There is no such thing as "accountant-client privilege."

One exception to the general rule is a communication between a third party and the client's lawyer when the third party is acting as the client's agent. In Cineplex the Court dealt ~ith this issue as follows: " ... If the tax team provided advice to the client or to its solicitor that advice would not Continued on page 7

June/July 1995

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SECTION TALK (cont'd)

NEW DIRECTIONS IN LAW FIRM MANAGEMENT

'CLIENT FOCUS PRACTICE MANAGEMENT' Law Practice Management Section, Vancouver October 12, 1994

AUSTIN ANDERSON, Director of the Institute for Law Firm Management of Ann Arbor, Michigan, was the feature speaker at a recent meeting of the Law Practice Management Section.

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Mr. Anderson began his presentation with a shocking forecast. He estimated that 20% of the law firms in the US will disappear in the next few years . He sees several reasons for this. They include: failure to automate, failure to plan, poor financial management, poor intra-firm communications, failure to recognize change in the legal environment and, to a great extent, greed.

In Mr. Anderson's opinion the things which make a firm successful are: • pro-active management with a vision; • communications.

In his opinion, the major reason for success of a law firm is good communication within that firm. Share with one's partners what is happening. Take a team development approach with regard to a client's problems, both for the client's sake and the firm's sake; • Do not re-invent the wheel. Use existing case management studies; • Be pro-active in relationships with clients; • Be disciplined in time keeping, billing and accounts receivable management; • Avoid greed, In bad times, those partners at the top should take less to help those at the bottom. This keeps a law firm together.

In addition to the obvious importance of turning over unbilled time and accounts receivable as quickly as possible the other important area of concern is client relations. Mr. Anderson believes that a "client focus practice management" is central to the future success of law firms. Client focus practice management requires timely service, effective billing rate calculation strategies and billing procedure, and the opportunity for what he calls "client audits."

With respect to billing rate strategies Mr. Anderson warned that lawyers effective service demands a fee that the client can afford. Law firm managers must move past the commodity concept of charging for services and look at how the client values the service. Lower fees occur during a period of time when there is an over supply of lawyers. However, the quality of the work and how the client values it can result in higher rates for that work. We should not substitute our own judgment as to what our work is worth. Our opinion too often results in a lower

amount billed than is warranted based on its value to the client.

Billing rates should be discussed up front with the client. Tell the client that there will be no extra charges for internal conferences or for team effort. Have a second lawyer as back-up on files in case a lawyer leaves or becomes ill. If a document is drawn for one client, and it can be used for other clients in the future, a bill to the first client should reflect the first client's proportionate share.

Mr. Anderson discussed alternative billing methods. Be wary of fixed fee billing. Often a fee is used up when a file is only half finished. First evaluate the extent to which a fixed fee system will affect cash flow and the cost to the firm of delivering that service. In addition, the firm should consider the extent to which fixed fees affect the existing marketing plan. Other billing methods based on hours include a blended hourly rate where the average rate is determined for a number of lawyers who work for a particular client and a discounted hourly rate where the law firm gets a predetermined amount of work from a particular client. The same concerns expressed with respect to fixed fees apply to the latter billing method . Incentive billing is also used on occasion. This involves setting target dates by which various stages of the work will be completed . If the target dates are met then the incentive billing provision applies. Some law firms are carrying less disbursements by arranging with the clientto have suppliers bill the client directly for disbursements over a certain amount.

Client audits are an important part of today's practice. Mr. Anderson is in favour of clients meeting with lawyers on an unstructured basis so that clients can talk about what it is they want in the way of legal services. He also suggested that a non-interested third party be involved as a facilitator at such meetings. He was also in favor of a second and different type of meeting with the client where the purpose is for the client to evaluate how the law firm is delivering its services. He commented that clients do not normally complain. They simply cease sending business to a lawyer. The client audit, therefore, is an essential part of practice .

•!• BarTa lk Vol.7 No. 3

SECTION TALK (cont'd)

Lawyers Beware Continued from page 5

be privileged. It is only in the very limited situation where the tax team provides information to the solicitor for the purpose of the client's receiving legal advice that the privilege can be maintained. This is not the creation of an accountant-client privilege but the acknowledgment of an extension of solicitor-client privilege through the principles of agency . .. ."

In Cineplex, the documents found in the files of PMT's tax accounting team were privileged because PMT was working with Cineplex' slawyers to assist them in giving legal advice to Cineplex. The court reviewed the role of the external auditor and noted that the auditor must act independently of the audited company and that it owes its allegiance ultimately, not to the company but to its shareholders and creditors and the investing public. The Court concluded that notwithstanding that the two Departments were one and the same firm, disclosure by the Tax Accounting Department to the audit team constituted a disclosure by the Tax Accounting Department to the audit team constituted a disclosure to a third party. The documents in the audit file were not protected by solicitor-client privilege because the disclosure to the audit team was made to assist the audit team to prepare Cineplex' s audited financial statements and not to assist Cineplex to obtain legal advice.

However, the privilege attaching to a communication belongs to the client and it can only be waived by the client, knowingly and deliberately. An inadvertent disclosure or disclosure without the client's consent will not operate as a waiver of privilege. Consequently, in Cineplex, the Court held that the privilege attaching to the five documents had not been waived and therefore remained protected for two reasons: The client did not consent to the disclosure and the disclosure was inadvertent. The tax accounting partner did not have the client's consent to give copies of the documents to the audit team and did not intend to waive any privilege in the documents.

In conclusion, Ms. Thomas warned that before one breathes a sigh of relief, one should consider the following comments by the Court at page 6411: " ... auditors will often request privileged documents from clients or their attorneys in the june/July 1995

course of the audit. To the extent that these disclosures are necessary to permit the independent auditor to fulfill his obligations the client will be required to waive the privilege.

If such were the circumstances here one might speculate that had the five documents not been in the audit file the auditor might have asked the client directly for them, the client would have released them, and there would be no privilege as there now is."

Based on the reasoning in the Cineplexcase, Ms. Thomas added, the solicitor-client privilege attaching to otherwise privileged communications would be lost in the following situation: Lawyer A prepares a comprehensive memorandum on an estate plan for Mr. A. involving a corporate reorganization of A Inc. The memorandum reviews in detail each Income Tax Act provision applicable to the plan, the risk associated with each provision and the steps taken to deal with that risk. Later, Mr. A asks Lawyer A to send a copy of the memorandum to Mr. A's accountant so that the accountant can do the entries reflecting the corporate reorganization.

Revenue Canada seizes the copy of the memorandum in the accountants file for A Inc. •!•

Attention in-house counsel The Canadian Corporate Counsel Association Annual Meeting and Continuing Legal Education Conference will be held in Winnipeg Aug. 20-23, 1995, in conjunction with the CBA Convention.

Three plenaries and six focus sessions will deal with a variety of subjects, including: • The responsibilities and liabilities of corporate counsel holding other positions within the company.

• The protection of intellectual property and confidential information in the new hightech age .

• Dealing with conflicts in compliance with increasing government regulations.

• Acting as directors and doing business in multi-jurisdictions.

• The duties and "how-to's" of accommodation and rights of employees.

• New ideas in law department management.

• When to call in the tax and accounting experts.

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B.C. BRANCH CHARITY GOLF TOURNEY SET FOR SEPTEMBER 8 Mayfair Lakes Golf & Country Club, home of the Canadian Tour's $125,000 BC TEL Pacific Open, will host the second annual Canadian Bar Association (B .C. Branch) Charity Golf Tournament and dinner on Friday, Sept. 8.

Thirty-six teams are expected to compete over the 6,641-yard par 71 Mayfair Lakes course on Richmond's No. 7 Road, just north of Westminster Highway.

Thousands of dollars worth of prizes and at least six team and individual trophies are up for grabs in the tourney. The successful inaugural was held last year at North view Golf and Country Club in Surrey .

Literacy B.C. has been designated as the charity to benefit from this year's competition. Proceeds will help the organization in its various programs to advance the cause of literacy through informing government and the public about issues and providing training events to labour, business, government agencies and voluntary organizations.

A trophy to the best team representing Local and County Bars will be added to the impressive list of awards that include the National Trust Trophy for annual team competition and the Corporate Courier Challenge Cup. Other awards include the Midland Walwyn trophy for low Canadian Bar Association (B.C. Branch)

SECOND ANNUAL CHARITV

GOLF TOURNAMENT AMJDIMUR

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gross (men), the Mabel Penery French cup for the ladies champion, the Ronald C. Bray cup for low net (men), and the Pinnacles Trophy in Support of the CBA (B.C. Branch) for low net (ladies).

Prizes also will be awarded for low team gross, longest drive, closest to the hole and, of course, to anyone managing a hole-in-one.

Law firms or individuals interested in donating prizes or trophies should contact Robert Smethurst, executive director of the B.C. Branch, at (604) 687-3404 .

The fee for 18 holes of golf and dinner is $150 per person, while dinner only is $75. A tax receipt will be issued for a portion of these amounts .

Entry forms should be sent with payment to Smethurst at the B.C. Branch, lOth Floor, 845 Cambie Street, Vancouver, B.C. V6B 5T3. Deadline for registration is August 21.

Guaranteed issue term insurance available to B.C. lawyers Many lawyers may not realize it, but they may be able to obtain $100,000 in term insurance at reasonable rates even if they don't pass a medical examination.

Eric Mass of Vancouver, an authorized representative of The Canadian Bar Insurance Association, says the coverage is available to CBA members in B.C. under age 45 who have not been rated or declined for insurance coverage elsewhere during the past three years.

"It's a very good deal that's sometimes overlooked," says Mass, adding that a nonsmoking lawyer under the age of 31 can be insured for $100,000 for only $84 a year.

Other rates for non-smokers for the same coverage include $102 a year between the ages of 31 and 35, $110 from ages 36 to 40and $155 ages41-45.

Members of the B.C. Branch interested in more information should contact Mass at Leo Donahue Insurance Services Ltd. in Vancouver, phone (604) 688-8790.

BarTalk Vol.7 No. 3

• • •he story of David and Goliath is an enduring one. Despite the passage of time, the parable has meaning and application, for the attributes of agility, speed, and quick responses are uni versally honoured today as they were in the past.

There are David's among us,lawyers whose size of firm has little to do with the size of the clients they represent. They do so, in part, because they offer their clients the combination of service, speed and agility that a large firm may find difficult or impossible to duplicate.

David j. Bilinsky Chair, B.C. Branch Law Are there ways to attract and retain these Practice Management clients? Here is a listing of some traditional and Section other ways to meet and attract star clients: • Develop a niche or specialty focus. Spread the word of your specialty by speaking at industry or trade gatherings. Develop a newsletter, and send it to existing I wasn't looking and target clients, offerbut somehow you found me... }:.. ing to follow up on any Nobody does it better.. ~'f points of interest.

Makes me feel sad for the rest.

• Go to where the eliNobody does it half as good as you, ents are. Offer to see the clients at their place of Baby, Baby, darling, your the best. business and see their opWords and music by erations. Attend their Marvin Hamlisch and trade and industry conCarole Bayer Sager. ferences and exhibitions.

Vocalist, Carty Simon.

Express an interest in knowing the current issues in their businesses. They will value the interest you are showing in them, and your knowledge will allow you to demonstrate how you can assist them in their business.

• Technology can level the resource playing field. Demonstrate to a new client that your knowledge of the law combined with your experience with computerized legal research allows you to answer client questions quickly, cheaply and accurately, without the need for an expensive law library. Offer to answer a potential clients questions without charge.

• Use contact software to keep track of and organize the names, addresses, telephone

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numbers and important reminder dates for your target clients and other influential contacts .

All client relationships are first and foremost personal relationships. Clients do not hire law firms, they hire lawyers. Work on building the trust and confidence of your new and future clients by exceeding their expectations of you.

Work at developing recommendations from existing clients, and use that base to demonstrate to new clients your personal reputation.

Join your Chamber of Commerce or other community organization, and become involved in their activities. You will gain exposure among people who could provide referrals, while building a reputation for neighbourhood concerns.

Offer to do counsel work for larger organizations in your area. Be prepared to justify how you can provide cost-effective counsel services.

Start with routine matters, and be prepared to demonstrate to new clients how you can deliver these services effectively and efficiently.

Get to know in-house counsel at continuing legal education, CBA meetings and industry gatherings. Follow up those contacts. Learn what is important to them, and how you can provide it.

Send newsletters or relevant material to inhouse Counsel, who may welcome the opportunity to refer matters to knowledgeable outside firms.

Let your existing clients know that referrals in your practice area are appreciated. Send thank you notes when referrals are made.

Make client service the point around which your practice orbits. Your clients will cherish the attention.

When that new client materializes, Dance like a butterD~ Sting like a bee. Make that new client believe that you're the best!

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B.C. BRANCH Continued from page 1

Members recently elected to CBA (B.C. Branch) Provincial Council include: Cariboo: • Allan Bate, Q.C., Prince George; Michael A. Gray, Fort St. John.

Kootenay: • D. Brent Adair, Trail; Gerald Kambeitz, Cranbrook.

Nanaimo: • Christopher Kelsey, Courtenay; Ronald Lamperson, Campbell River.

Prince Rupert: • John Bandstra, Terrace.

Vancouver: • Penny Bain, David Donohoe, Ravi Hira, Judith Milliken and Margaret Ostrowski, all of Vancouver.

Victoria: • Kathryn Berge, Alice Finall and Mayland McKimm, all of Victoria; Fiona Hunter, Sidney.

Westminster: • Carolyn Bouck, Surrey; J. Gary Cohen, Delta; James Dunn, Port Coquitlam; H .

Rory Walter, New Westminster.

Yale County: • Allan Elliott and Jim Herperger, Kelowna; David Paul, Karnloops.

New Gaming Law Subsection proposed A new subsection on Gaming Law to serve the growing legal needs of the gaming industry has been proposed by Vernon G. Finch of the Surrey firm Finch & Company.

Finch says potential clients include debtors, licensees, equipment manufacturers and government agencies in the fields of criminal, civil and administrative law.

The proposed subsection would compile a ·source book of relevant statutes, cases and procedural directives, network with lawyers from other jurisdictions for referrals and education, and develop a list of Canadian lawyers interested in Gaming Law for networking opportunities.

Members interested in forming and participating in this subsection are asked to contact Finch at (604) 585-2131; Fax: 585-0133; Net: vfinch a direct.ca.

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CBA Annual and Commonwealth Conference to be held jointly in 1996 Plans are well underway for the joint national Canadian Bar Association annual meeting and the Commonwealth Law Conference in Vancouver Aug. 25-29, 1996.

Next year marks the 1OOth anniversary of the CBA's first meeting, held in Montreal in 1896, and the 75th anniversary of the CBA' s incorporation. National President-Elect Gordon Proudfoot of Dartmouth, N .S., is kicking off the lead-in to the 100th anniversary with a collection of historical memorabilia. He is looking for items such as pins, hats and photographs from previous CBA meetings.

"What we intend to do is gather inventory, and some of those items we are going to put on display, such as the sou'westers from Halifax or the black scarves from Calgary, and so on,"Proudfoot says . "We intend to go back as far as we can to find interesting memorabilia to develop an interest in the history of the CBA." If you have something of historical significance, contact Proudfoot at Boyne Clarke, P.O. Box 876, Dartmouth, N.S., B2Y 3Z5, or the CBA national office in Ottawa.

Among social events planned in Vancouver .are "at home" dinners hosted by B.C. Branch members in the Lower Mainland.

It may seem early, but CBA members interested in acting as host for a dinner in their home on the evening of Aug. 27, 1996, should contact Moyra Dhaliwal (666-8246) or David Prest (6660865).

New York State Bar Chapter established in Vancouver A Vancouver Chapter has been established for the International Law and Practice Section of the New York State Bar Association. Chapters exist to strengthen ties between lawyers interested in international practice. Activities planned include participating in the Section's meeting in Vancouver this fall, organizing speaker forums, and social activities. Anyone interested in participating should contact Randal Barker, Chair of the Vancouver Chapter, at Bull, Hausser & Tupper. Membership in the New York Bar is not required.

BarTalk Vol.7 No. 3

ACTS IN FORCE

Ann Mclean

You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

Evety effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision.

Health Statutes Amendment Act, 1994, S.B.C. 1994, c.42, amends the Continuing Care Act, S.B.C. 1989, c.2, providing that the Act applies only to the provision of health care services which are prescribed by regulation and clarifying the situations in which an administrator may be appointed in place of an operator. sections 1 - 3 of the Act in force April 7, 1995 Family Maintenance Enforcement Amendment Act, 1994, S.B.C. 1994, c.36, amends the Family Maintenance Enforcement Act, S.B.C. 1988, c.3, inter alia allowing the director to authorize people to take enforcement action on their own while remaining enrolled in the program, enhancing the ability of the director to obtain necessary information, providing more flexibility in dealing with payments received from the debtor, allowing the director to serve attachment notices directly and to suspend the requirements of attachment notices, enabling the enforcement of attachment notices from outside the province, strengthening the sanctions against debtors who repeatedly default but who have the ability to pay, allowing the court at a default hearing to take into account the income and assets of the debtor's spouse in determining the debtor's ability to pay, providing for enforcement of reporting orders, and allowing the court to order third parties to attend hearings and file financial stat~颅 ments if their association with the debtor affects the debtor's ability to pay maintenance, and makes consequential amendments to the Family and Child Service Act and the Guaranteed Available Income for Need Act. Act except part s.1(a) and (c); ss. 1(d), 3and 11; part s.17(e); s.22; part s.26; part s.27; part s.33(a); s.36 in force April10, 1995 (see B.C. Reg. 160/95 for more details)

Job ProtectionAmendmentAct, 1995, S.B.C .1995, c.2, (Bill 8), extends the repeal date of the fob Protection Act, S.B.C. 1991, c.4, to April12, 1997 and makes a consequential amendment to the Forest Act. in force April12, 1995 Child, Youth and Family Advocacy Act, S.B.C. 1994, c.28, provides for administrative matters relating to the office of Child, Youth and Family Advocate. sections 12, 14, 15 and 16 of the Act in force May 18, 1995 Prevention of Cruelty to Animals Amendment Act, 1994, S.B .C. 1994, c.13, amends路the Prevention of Cruelty to Animals Act, R.S.B.C. 1979, c.335, permitting the government to disallow a society enforcement by-law, allowing officers who have been appointed as special provincial constables under the Police Act to exercise enforcement powers, expanding on the enforcement powers in the Act for the relief of distress in animals including the right of entry into premises with a warrant in certain cases and without a warrant in other cases and creating an offence for a person responsible for an animal to cause or permit the animal to be in distress. in force May 25, 1995 Water Amendment Act, 1992, S.B.C. 1992, c.26, amends the Water Act, R.S.B.C. 1979, c.429, extending the period of approval for sh~rt term water use from 6 to 12 months and adding approval and administrative requirements andrestrictions with respect to those who make changes in and about a stream. sections 1(a), (e) and (j), 2, 3, 5, 6, 7(a), the part of 16(d) which enacts s.41(1)(r) of the Water Act and section 17 in force June 2, 1995 Forest Amendment Act, 1994, S.B.C. 1994, c.39, amends the Forest Act, R.S.B.C. 1979, c.l40, expanding the provisions dealing with appeals Continued over

june/july 1995

11

LEGISLATIVE UPDATE (cont'd)

and makes consequential amendments to the Range Act. sections 22, 23, the part of section 24(a) enacting s.158(2)(cc) and (dd) of the Forest Act, 24(b), 26 and 27(2) in force June 15, 1995

Forest Practices Code of British Columbia Act, S.B.C. 1994, c.41, establishes a framework for managing forest and range resources in the province, rationalizes the requirements which apply to forest practices and makes them enforceable.

The maximum fine for a violation is increased to $1 million and repeat offenders may be fined $2 million or more. Violators may have cutting rights suspended or reduced and approval of future logging activities depends on an interest holder's current performance . There is an expanded role for field staff. The Forest Practices Board is an independent agency overseeing forest practices, including auditing forest practices and investigating public complaints. A forest appeals commission will hear appeals from decisions made by officials. Regulation of forest practices on private managed lands is provided for. Consequential amendments are made to the En viromnental AssessmentAct, Forest Act, Forest Amendment Act;. 1988, Forest Amendment Act(No. 3}, 1990, ForestAmendmentAct(No.2l 1993, Freedom ofInformation and Protection of Privacy Act(the Forest Practices Board is not yet included under the FIPP A), Ministry ofForests Act and Range Act. Act, except sections 190, 191, 236 and 300(c) in force June 15, 1995; section 236 in force December 15, 1995; (sections 190and 191 came into force January 16, 1995)

amends the Forest Practices Code, S.B.C. 1994, c.41, making many amendments designed to clarify the Act and fine-tune its provisions and makes consequential amendments to the Forest Act and the Special Accounts Appropriation and Control Act. Act, except section 25, in force June 15, 1995

Ombudsman Act, R.S.B.C. 1979, c.306, adding to the list of entities which are subject to the Act: municipalities, regional districts and the Islands Trust. sections 4 - 6 of the Schedule to the Act in force June 15, 1995 Cemetery and Funeral Services Amendment Act, 1994, S.B.C.1994, c.S, amends the Cemetery and Funeral Services Act, S.B.C.1989, c.21, introducing a licensing system for funeral professionals, requiring that pricing information be displayed, requiring that deposits on prepaid funeral and service plans be placed in a trust fund within 21 days, repealing the establishment of the Cemetery and Funeral Services Advisory Council and giving the registrar powers to investigate and protect assets.

Act, except section 26(b), in force September 15, 1995

1995 BILLS TO NOTE The fol lowing bills were introduced in the spring 1995 session . The information about their legislative progress is given as of june 7. They are reported in order of bill number.

Forest Land Reserve Act, S.B.C.1994, c.40, makes consequential amendments to the Forest Practices Code of British Columbia Act and the Forest Land Reserve Aetas a result of the bringing into force of the Forest Practices Code. The Forest Land Reserve Act designates certain forested areas as forest land reserve, and provides for restrictions on the removal of land from the reserve and the use which may be made of land within the reserve. sections 47 and 54 of the Act in force June 15, 1995 Forest Practices Code of British Columbia Amendment Act, 1995, S.B.C. 1995, c.6, (Bill18),

12

Growth Strategies Statutes Amendment Act, 1995, (Bill 11), authorizes regional districts to undertake long term planning by developing, adopting and implementing regional growth strategies which will guide decisions on growth, change and development within the regional district. has received third reading, will be in force on royal assent Class Proceedings Act, (Bill 16), establishes the procedures whereby a single court proceeding may be brought to resolve factual or legal issues that are shared by 2 or more persons.

BarTa lk Vol.7 No. 3

LEGISLATIVE UPDATE (cont'd)

has received second reading; will be in force on royal assent effective August 1, 1995, unless brought into force on an earlier date by regulation Motor Vehicle Amendment Act, 1995, (Bill25), implements the government's traffic safety initiatives, including authorizing the use of photo radar cameras, providing for a 90-day administrative driving prohibition for any driver who fails a blood test or refuses to provide a breath sample, providing for vehicle impoundment for prohibited and unlicensed drivers for 30 days on the first offence and 60 days for subsequent offences within two years, authorizing regulations to establish a waiting period before a new driver may take a road test and to provide that new drivers are subject to a zero blood-alcohol limit for the probationary period. has received first reading; will be brought into force by regulation Criminal Records Review Act, (Bill 26), is intended to help prevent the physical and sexual abuse of children by requiring the following to undergo criminal record checks: all individuals who work with children or who may have unsupervised access to children in the course of employment or in the practice of an occupation and who are employed by the government or receive operating funds from the government, certain unlicensed family child care providers and certain groups of professionals. Lawyers are not on the list of professionals and therefore would undergo a check only if they fall into the general category of working with children or having unsupervised access to children in the course of employment or in the practice of an occupation and are receiving operating funds from the government. has received first reading; will be brought into force by regulation Pharmacists, Pharmacy Operations and Drug Scheduling Amendment Act, 1995, (Bill27), provides for the establishment of PharmaNet, a Provincial computerized pharmacy network and database in which the patient record information of all persons to whom prescriptions are dispensed must be recorded. has received second reading; will be brought into force by regulation

Election Act, (Bill28), sets out the requirements for the administration of provincial elections, including appointment of election officials, the establishment of the Election Advisory Committee, calling an election, registration of voters, nomination of candidates, voting and counting the votes, registration of political parties and constituency associations and election financing and communications. has received first reading; will be in force on royal assent; sections 1, 11, 40, 268, 269, 270 and 273 effective the day after the Act receives royal assent; sections 14 - 16, 267, 271 and 272 effective 21 days after the Act receives royal assent; the balance effective September 1, 1995 Employment Standards Act, (Bill 29), replaces the existing Employment Standards Act and implements many of the recommendations made

by Professor Mark Thompson, including adding provisions relating to domestic workers, allowing for compressed work weeks and banking of overtime, providing for unpaid family, bereavement and jury duty leaves, strengthening enforcement provisions and establishing the Employment Standards Tribunal. has received second reading; will be brought into force by regulation Consumer ProtectionAmendmentAct, 1995, (Bill 36), provides a right of cancellation for buyers of time share contracts and provides that a contract for an unsolicited service sold to an individual through a negative option offer is unenforceable by the seller unless the individual explicitly consents to the purchase of the service. has received third reading; sections 1 - 3, and 5 in force on royal assent; sections 4 and 6 - 11 will be brought into force by regulation; when in force sections 6 - 8 effective January 26, 1995

REGULATIONS TO NOTE

Court Rules Act, B.C. Reg. 82/93, the Provincial Court (Family) Rules are amended (a) as to Rule 12, setting out the requirements for making applications contemplated in the Continued over

路 June/July 1995

13

LEGISLATIVE UPDATE (cont'd)

amendments to theFamilyMaintenance Enforcement Act, (b) adding Rule 15(12.1), providing for the transfer of a file to another registry in certain circumstances, and (c) amending Form2- "Application to Change or Cancel an Order", Form 3 - "Financial Statement", Form 12- "Request for Court Enforcement" and Form 13 - "Notice of Motion in Maintenance Enforcement Proceedings" .

B.C. Reg. 159/95 effective April10, 1995

Family Maintenance Enforcement Act, B.C . Reg. 346/88, the Family Maintenance Enforcement Act Regulation is amended (a) providing new forms, including a statement of income and expenses, (b) allowing the director to withdraw a maintenance order where the creditor or debtor has died or where no further regular payments are due under the maintenance order and the arrears are under $50, (c) allowing the director in certain circumstances to refuse to accept an order for refiling until 6 months after the latest withdrawal date, (d) repealing s.6, which prescribed the manner in which payment might be made directly to the creditor, (e) as to s.7, amending the list of the debtor's prescribed documents, (f) as to s .8, simplifying the requirements for service of a notice of attachment and attachment order, (g) as to s .10, clarifying the proportional payment provisions, (h) adding s.12.1, prescribing payments by the Crown which may be attached under s.22 of the Act, (i) as to s .13, clarifying and expanding on what part of the debtor's income is exempt from attachment and adding s.13.1, which allows applications to increase or decrease the exempt amount, (j) adding s.13.2, prescribing documents to be filed by the third party under s.35.1 of the Act, (k) as to s.l4, allowing the director to refuse to accept an uncertified cheque where a person has defaulted in a previous payment, (l) as to s.l5, increasing the amount of costs from $200 to $400, and 14

(m) adding s .17, requiring the debtor to pay administrative fees to the director.

B.C. Reg.160/95 effective April10, 1995

Societrj Act, Form 4 of Schedule A of the Act is amended, removing a footnote reference to the Canadian residency requirement.

B.C. Reg. 185/95 effective April13, 1995 Residential Tenancy Act, B.C. Reg. 51/95, the Rent Adjustment Regulation.is amended, adding provisions for notices of rent increase effective between July 1, 1995 and December 31,1995 and adding to the definition of "periodic expenses" .

B.C. Reg.189/95 effective April 21, 1995 Forest Act and Forest Practices Code of British Columbia Act, many new regulations are made.

B.C. Reg. 163/95- 181/95 and B.C. Reg. 243/95- 252/95 and 259/95 effective June 15, 1995 Court Rules Act, B.C. Reg 221/90, the Supreme Court Rules are amended . (a) as to Rule 1(8), changing the definition of "parties of record" limiting those who have filed third party notices to those who filed as an insurer under the Insurance Act or the Insurance (Motor Vehicle) Act, (b) as to Rule 27(16) - (18), clarifying the provisions relating to scheduling an examination for discovery and delivery of notice to the person to be examined, (c) as to Rule 38(1), allowing a deposition to be taken during as well as before trial, (d) repealing Rule 41(17), which provided that an order requiring a person to do something should be served on the person, (e) as to Rule 49(3), providing that a notice of appeal may include a standard form of directions as directed by the Chief Justice, which will govern the conduct of the appeal, unless the court otherwise directs, (f) repealing Rule 55(12), which required that notice be given to the consulate of a foreign state before the arrest of a ship from that state in certain circumstances, B.C. Reg. 147/95 effective July 1, 1995

BarTalk Vol.7 No. 3

LEGISLATIVE UPDATE (cont'd)

(g) repealing Rule 60C(4), which referred to legislative provisions which have been repealed, B.C. Reg. 192/95 effective April28, 1995 (h) as to Rule 60(23), providing that consent of the parties is not required for the filing of a written agreement under s.74.1 of the Family Relations Act made after July 1, 1995, and (i) adding Rule 60(26), providing for Form 119A,- "Summons to Committal Hearing Under theFamilyMaintenance Enforcement Ad' and amending Form 119 -"Summons to a Default Hearing Under the FamilyMain tenance Enforcement Ad' .

B.C. Reg. 193/95 effective July 1, 1995

Waste Management Act, B.C. Reg. 226/95, the Gasoline Vapour Control Regulation is made, requiring vapour control systems to capture and recover gasoline vapours displaced when transferring gasoline between facilities in the Lower Fraser Valley. effective September 1, 1995 Court Rules Act, B.C. Reg. 303/ 82, the Court of Appeal Rules are amended (a) adding Rule 5.1, where an application for leave to appeal has been filed, requiring the appellant to file and serve a notice of motion setting down the application for hearing in chambers, (b) deleting Rule 17, which allowed for increased costs for the preparation of factums in certain types of cases, (c) replacing Part 2 "Costs" with more comprehensive provisions dealing with costs, (d) amending Form 1-"Notice of (Cross) Appeal" and Form 2- "Notice of Application for Leave to Appeal", (e) adding the following new forms : Form 8"Appointment", Form 9 - "Bill of Costs", Form 10- "Certificate of Costs", and Form 11- "Offer to Settle Costs", and (f) replacing Appendix B - "Party and Party Costs", providing for a scale of costs based on the difficulty or importance of the matter, as determined by the court or justice.

B.C. Reg. 236/95 effective September 5, 1995

june/july 1995

CALL FOR NOMINATIONS FOR GOYER AWARD The CBA's B.C. Branch now welcomes 1995 nominations for the Georges A. Goyer Memorial Award for Distinguished Service.

Any B.C. resident who is not a current member of the B.C. Branch executive is eligible for the award, created in honour of Geoges A. Goyer, Q.C., who passed away in 1992 after serving the CBA at both the provincial and national levels for many years.

The award recognizes exceptional achievements or contributions to the legal profession in B.C., to jurisprudence in B.C. or Canada, to the law or development of the law in B.C., or to a significant law-related benefit to the residents of B.C. Nominations will be accepted until Oct. 27 and the award will be presented at the annual Bench and Bar Dinner in Vancouver.

The dinner, organized by the B.C. Branch and the Law Society of B.C., will be held at the Law Courts Inn on Nov. 16.

In 1994, the Goyer Award was presented to The Honourable Nathan T. Nemetz, former Chief Justice of British Columbia, and Marlene Scott, Q.C., the first woman to serve as President of a provincial CBA branch (B.C. Branch). Neil Davidson, Q .C., a former Mayor of Vernon who served as president of both the Vernon and Yale County Bar Associations, received the award in 1993.

The first recipient, in 1992, was Alec Robertson, Q .C., former President of the B.C. Branch and the Vancouver Bar Association and a past Chair of the Law Foundation of B.C.

ANNUAL MEETINGS CBA (B.C. BRANCH) & LAW SOCIETY OF B.C.

FRIDAY

SEPT. 15, 1995 Law Society Building 845 Cambie Street Vancouver

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Bar Talk is published by the British Columbia Branch of the Canadian Bar Association, 10th Floor 845 Cambie Street Vancouver, B.C. V6B 5T3 TEL: (604) 687-3404 FAX: (604) 669-9601 • BarTalk Editor: LARRY HNETKA,

Communications Director 687-3404 • Legislation & Law Reform Officer: ANN MCLEAN

(Victoria) 598-2860 • Section Talk Editor: SHELLEY BENTLEY, L.L.B.

• Practice Talk Editor: DAVID BILINSKY,

•

Lakes, Straith & Bilinsky 984-3646 ALISTAIR EAGLE of Pacific Visuals Inc. (688-8867) is the CBA (B.C. Branch) official photographer.

© Copyright the British Columbia Branch of the Canadian Bar Association- 1995.

This publication is intended for information purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel.

The B.C. Branch of the Canadian Bar Association represents over 7,600 lawyers within British Columbia.

The B.C. Branch is dedicated to improve and promote access to justice, to review legislation, initiate law reform measures and advance and improve the administration of justice.

On behalf of the profession, the B.C. Branch works to improve and promote knowledge, skills, ethical standards and well-being of members of the legal profession and promotes the interests of its members.

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Joint Mid-Winter Meeting in Banff promises to be good Planning has begun for the Joint Mid-Winter Meeting of the B.C. and Alberta Branches, to be held at the Banff Springs Hotel next Feb.l-4.

During the weekend at Banff, B.C. Provincial Council will hold a regular meeting (exact date and time to be determined) while the Kootenay Bar Association combines its Mid-Winter Meeting with the full weekend of activities.

Here is a glimpse of other things being planned: • A comprehensive C.L.E. program. Gerry Kambeitz of Cranbrook, a Director of the C.L.E., is working with the Alberta Bar to develop a program useful to both B.C. and Alberta members.

• A B.C.-Alberta hockey game. Members interested in playing for B.C. should phone Peter Somerville of Grand Forks at (604) 442-2105.

• A ski race.

• Numerous other business and social activities.

The B.C. Branch will arrange a low-cost return charter bus from Vancouver and will announce further details as they become available.

In the meantime, mark your calendar for a good introduction to February.

Legal Administrators name Executive Committee The Vancouver Association of Legal Administrators has named its Executive Committee for the coming year.

The committee is comprised of Colin I. Cameron of Clark, Wilson, President; Donald Barrie of Lindsay Kenney, President-Elect; Vicki Bourbonais of Koffman Birnie & Kalef, Vice-President; Susan Oliver of Clark, Wilson, Secretary; Angela Stacey of Jones McCloy Peterson, Treasurer; and Jay Cathcart of Alexander, Holburn, Beaudin & Lang, Past-President.

Richmond student wins Law Cup Twenty-five students from all areas of the province participated in the Barry Sullivan Law Cup public speaking competition held in the Vancouver Law Courts complex in April.

David Jang of Steves ton Secondary School in Richmond won the cup, defeating fellow students representing grades 10 through 12. Participants, including 14 students from outside the Lower Mainland area, argued for five minutes either for or against one of four resolutions on topics such as legally assisted suicide and parole eligibility in crimes of violence.

Judges for the final were Mr. Justice Wallace Oppal, B.C. Supreme Court; Maureen Maloney, Deputy Minister, Ministry of Attorney General; and Philip Bryden, Associate Dean at UBC's Faculty of Law. Semi-final judges were Mari Worfolk, Swinton & Company; Steven Wright, Trower & Company; John Cliffe, Department of Justice; Wendy Rubin and Alexander Budlovsky, Criminal Appeals and Special Prosecution, Ministry of Attorney General; and Ian Guthrie, Continuing Legal Education Society.

Finalists in the Barry Sull ivan Law Cup public speak ing competition were (from left): Shannon Sullivan, first runner- up, Centennial High School, Coquitlam; David jang, Cup winner, Steveston Secondary Schoo l, Richmond; Chrystie Stewart, third runner-up, Kamloops Senior Secondary School , Kamloops; and Emily Mak, second runner-up, Winston Churchill Senior Secondary School, Vancouver.

BarTalk Vol.7 No. 3