BarTalk | March/April 1993

NEwsLETTER

Law Day programs provide access to justice

OF THE Th 11 h . 1B · · h CANADIAN BAR e t . annua nos Columbia Law Day acASSOCIATION, tivities began with AttorB.C. BRANCH ney General Colin Gabelmann reading the official proclamation at the Vancouver Law Courts.

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said Debra Hanuse of Davis & Co., the chair of the 1993 Law Day Planning Committee.

Funding for the various programs is provided by the Ministry of the Attorney General, the Established to celebrate Law Foundation of the signing of the CanaB.C., the Law Society of dian Charter of Rights B.C., the Vancouver Bar MA RC H/ and Freedoms, Law Day Association, the federal APRIL 1993 is a national program of Solicitor General's dethe CBA and mvolves a partment and the CBA variety of programs carried out by lawyers, Law Day Provincial Essay Contest winner was Karly Henney (B.C. Branch) court services personnel, (second from right) of K.L.O. Secondary School in Kelowna . law enforcement officers Presenting the $300 cash award and certificate are B.C. Branch Highlights of some of the programs include: and others in the justice President Rob Gourlay (right), Attorney General Colin Gabel mann (extreme left) and National CBA President Paule Gauthier VOLUM E 5 system.

Vancouver: (second from left).

•Special Citizenship NUMB ER 3 "In B.C., over 26 locations parcourts, mock trials, an essay Court and a public speaking contest, a ticipated in activities such as • Finals of the "Barry Sullivan open houses at provincial student/mentor program and Law Cup" public speaking the 'Dial-A-Lawyer' program," competition Please tum to page 10

President-Elect named ....... 2

Legal services continued target of selective taxation

SectionTalk .......................... 3

Following the successful CBA/ Law Society court challenge to the imposition of the provincial social services tax on legal services, the government has introduced legislation to re-impose the tax.

Legislative Update .............. 5 Small Claims fees up .......... 7 Registry questions ............. 8 Plain Talk ............................... 9 Kelowna wrap up .............. 11 Symes challenge ............... 13 Council highlights ........ 14/15 UBC wins moot ................. 16

With the latest budget, no other professional group was targeted to collect tax for their services but a number of specified "labour services" such as automobile servicing and furniture repair are now required to collect the social services tax on these services.

The CBA (B.C. Branch) continues its opposition to this unfair, selective tax which is a burden

on those who can least afford to pay the tax- the victims of assault, the elderly and the disadvantaged.

The B.C. Branch Executive has not yet received an opinion from counsel Joe Arvay as to further legal action at this time.

However, we have continued with our representation to the Finance Minister and other elected government officials to have this unfair tax repealed.

A brief review of the legislation follows: • the tax has not been extended to other professions; Please tum to page 10

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MacCarthy chosen to lead B.C. Branch for coming year and served as president and campaign chair of the Cowichan United Way. For several years, he served as the Cowichan Valley representative for the UBC Alumni Association.

He is a partner in the six member law firm of MacCarthy Ridgway located in Duncan, B.C. He has conducted a general practice since 1976 when he

J. Parker MacCarthy was declared Provincial Council nominee for the position of the B.C. Branch president for 1993 / 94 at the March 25, 1993 Provincial Council Meeting. MacCarthy becomes President-Elect of the B.C. Branch for the coming year. No other nominations for president were received by the deadline for receipt of nominations.

Parker MacCarthy has been actively involved in CBA activities since his call to the bar in 1975. In addition to serving as Vice-President in 1992/93, he has been a member of the National CBA Executive Committee, chair of the B.C. Branch and member of the National CBA Communications Committees, a member of the CBA National Task Force on Paralegals, and an elected member of Provincial Council representing Nanaimo County since 1987. He has also served on several B.C. Branch Committees and joint committees of the CBA and the Law Society.

MacCarthy has also served as president of the Nanaimo County Bar and Cowichan Bar Association. He is currently a director of the Legal Services Society of B.C. In his homecoommunity, Parker was a founding member of the Cowichan Home Support Society

Public legal education award available An annual award of $1,000 has been created by the Sandra Garvie Memorial Fund to assist an individual to pursue a course of study or to undertake research into the library or information aspects of public legal education.

The purpose of the grant is to encourage individuals to improve their knowledge of the field and, in turn, to add to the existing body of knowledge in this area.

Candidates may be enrolled in a formal course of study at a community college or university, or may undertake an independent learning activity.

The award was created in honour of Sandra Garvie, librarian at the Legal Resource Centre of the Faculty of Extension of the University of Alberta from 1976 to 1979, for her contribution to the field of public legal education. The deadline for applications is June 30, 1993. For more information, contact Lois Gander, Legal Resource Centre, 10049-81 Ave., Edmonton, Alberta T6E 1W7; tel: 403492-5732 or FAX 403-492-6180. [J

Lawyers perform live!

Rehearsal for Murder, a benefit performance for Carousel Theatre and the UBC Law Alumni Association, featured a unique

joined the pioneer Duncan law firm of Williams, Davie & Company now known as MacCarthy Ridgway. His law practice includes emphasis on corporate, commercial, real property and wills and estates.

Parker and Virginia MacCarthy reside in Cobble Hill, B.C. with their two children, Cameron and Alexandra. [J "theatrical" mystery with flashbacks, diabolical twists and a surprise ending - performed entirely by Vancouver finest legal/ theatrical lights on May 1 and 2.

Directed by Elizabeth Ball, the star-studded cast included Patricia Byrne; Chris Haines; Gerry Lecovin; Bill McNaughton; Robert Ruttan; Bill Sheddy; Anne Clark; Catharine Herb-Kelly; Ed Lyszkiewicz; Marina Morgan; Deborah Satanove; Fred Weisberg; Robert Guile, Q.C.; Vahan Ishkanian; Daniel McLeod; J ulie Owen; Marlene Scott, Q.C. Behind the scenes support was provided by Elizabeth Bennett, assistant director; David Winkler, stage manager; JoAnne Corrigan, costume design; Jeremy Guild, props co-ordinator. [J

Law practice publications The CBA, through the General Practitioners' Conference, has entered in to an exclusive arrangement with the American Bar Association to distribute 13 bestsellers from the ABA's Law Practice Management Section. You can now order these books through the CBA in Canadian dollars.

Topics include partnership agreements, managing your firm, marketing to clients, using computers and practice tips.

Contact the Publications Desk at the CBA (613) 237-2925 for further details.

selves and between the rights of the debtor and its creditors.

..:

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Ill

Shelley Bentley

New Bankruptcy and Insolvency Act in force Jane Milton of Bull, Hausser and Tupper gave an informative overview of the new federal Bankruptcy and Insolvency Act for members of the Business Law Section recently. She noted that there have been proposals over the last 25 years to introduce new bankruptcy legislation but none have come to fruition until Bill C-22, most of which came into force on November 30, 1992.

Bill C-22 is not a totally new bankruptcy act; it simply amends the old Bankruptcy Act and changes the title to the "Bankruptcy and Insolvency Act" .

Federal Minister of Consumer and Corporate Affairs Peter Blais has stated that the chief objectives of the Federal government in bringing about this reform are: • to provide insolvent debtors with better opportunities to reorganize their financial affairs with a view to avoiding bankruptcy and continuing in business; and • when a debtor does go bankrupt, to achieve a fair result between the rights of creditors amongst them-

The new Act introduces provisions dealing with the following areas: commercial reorganizations, consumer proposals and bankruptcies, extension of the coverage of the bankruptcy legislation to include secured creditors, reorganization of Crown claims and priorities, provision of protection to unpaid suppliers and environmental matters.

Amendments concerning commercial reorganizations are perhaps the most significant of the amendments to the old legislation. One of the diffi(:ulties under the old Act was that proposals did not affect secured creditors and without the cooperation of the secured creditors, proposals were not able to succeed. Under the new Act, debtors can now choose to include secured creditors as one or more of the classes to vote on the proposal.

To the extent that the debtor will be able to include in the same class a number of secured creditors, we may see situations where the debtor's proposal will be forced upon those secured creditors not voting in favour of the plan where the majority in number or two-thirds in dollar value of the secured creditors in the same class approve the plan.

The new Act significantly limits the right of a secured creditor to appoint a receiver. For example, prior to enforcing its security on all or substantially all of the inventory, receivables or other property relating to the business of the insolvent person, through the appointment of a receiver or otherwise, the new Act requires a secured creditor to give ten days notice to the insolvent person of the secured creditor's intention to

enforce its security. During this time period an insolvent person may file a notice of intention to make a proposal and all actions of creditors will be stayed.

Alternatively, after receipt of the ten day notice the debtor may consent to the secured creditor exercising earlier enforcement of its security. The new definition of receiver covers both instrument and court appointed receivers, agents and bailiffs appointed by a secured party who have taken possession or control of all or substantially all of the inventory, accounts receivable or other property of an insolvent person or bankrupt provided that the inventory was acquired for or used in relation to a business carried on by the insolvent person or bankrupt.

Provisions in the new Act regarding consumer proposals are a significant departure from the old Act. A consumer debtor is now defined as an individual whose debts, excluding mortgages or liens on the individual's principal residence, do not exceed $75,000 dollars.

Now consumers have the opportunity to make proposals to their creditors to reorganize their financial affairs. Consumer proposals may not be made by a consumer debtor that has filed a notice of intention to make a proposal or lodged a proposal under the commercial reorganization provisions, until the trustee appointed in that matter has been discharged. A consumer proposal must provide that its performance be completed within a five year period. A stay of proceedings is imposed in respect of of consumer proposals until the consumer proposal has been fully performed, withdrawn, refused annulled or deemed annulled.

The Stay does not apply to secured creditors unless ordered

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Section Talk (continued) by the Court. In order to file a proposal, the consumer debtor seeks the assistance of an "administrator" (a trustee or someone appointed by the Superintendent of Bankruptcy), who prepares the proposal, provides counselling for the consumer debtor, and investigates the consumer debtor's financial affairs. The proposal is filed with the Official Receiver.

Within ten days the administrator must file a report setting out the results of his or her investigation and his or her opinion as to whether the proposal is fair to all parties. The proposal and report of the administrator are sent to every known creditor along with a proof of claim form. No meeting of creditors is required unless requested by creditors having an aggregate in value of 25% of the proven claims or unless directed by the Official Receiver.

The new Act also streamlines consumer bankruptcy. In the case of a first time bankrupt, there is an automatic discharge from bankruptcy at the expiration of 9 months from the date of the bankruptcy unless the Superintendent, trustee or a creditor has filed a statement within the nine month period indicating an objection to the automatic discharge. When an objection is filed, the trustee is obliged to apply to the court for an appointment to hear the opposition to the bankrupt's discharge.

On the topic of protection of unpaid suppliers, under the old Act a supplier who delivered inventory on credit to a person who within a short period of time following delivery went bankrupt found himself or herself in the position of an unsecured creditor.

Often the supplier was subject to the claims of creditors who

held security against those items he or she had supplied.

The new Act provides protection to unpaid suppliers. An unpaid supplier has the right to repossess items delivered to a purchaser, if the supplier presents a written demand to the purchaser for repossession within thirty days following delivery of the items shipped as long as the purchaser is bankrupt or is in receivership at the time of presentation of the written demand.

Under the old Act Crown claims had the status of "preferred creditors" and had priority over the claims of ordinary unsecured creditors but subsequent to the claims of secured creditors. Since Crown claims are often large and because of the priority they enjoyed there was seldom anything left over for unsecured creditors after the Crown was paid. As a result, the requirement under the old Act to satisfy Crown claims made it almost impossible for a debtor to put forward a proposal to creditors which would meet with acceptance.

Under the new Act, with the exception of monies owing to the Crown for UI, CPP and Income Tax deductions at source, Crown claims will no longer be given the status of a preferred creditor but will rank as unsecured claims.

With respect to the environment, the new Act ensures that a trustee is not personally liable as a trustee of a bankrupt estate in respect of any environmental condition that arose or damage that occurred before the trustee's appointment or after that appointment, except where the condition or damage arose as a result of the trustee's failure to exercise due diligence.

Antenen case: an important lesson in the use and effect of lis

pendens The case of Antenen v. Antenen (1992) 68 B.C.L.R. (2d) 300 (S.C.) provides a refresher lesson for family law practitioners in the use and effect of a lis pendens in a matrimonial property action, commented Georgialee Lang.

In addressing members of the Vancouver Family Law Section, Lang advised that this case underscores the need for family law lawyers to be aware of the possibility of malpractice claims in the absence of a thorough understanding of how the Family Relations Act (FRA) and the umd Title Act intersect.

In Antenen, the parties were married for two years when Mr. Antenen, in a failed suicide attempt, became permanently brain damaged and institutionalized. The parties were joint tenants of the family home.

Mrs. Antenen filed a lis pendens on the family home in March, 1991 and Revenue Canada registered a judgment on the family home in June, 1991. A declaration pursuant the Section 44 of the FRA was made in November, 1991.

Mrs. Antenen sought a section 51 reapportionment of the total equity in the matrimonial home, ignoring the Revenue Canada judgment, on the basis that the filing of her lis pendens gave her a right to obtain the home free of the Revenue Canada judgment.

The Court in Antenen reviewed the case of Hall v. Hall (1990), 26 R.F.L. (3d) 443 (B.C.S.C.) where the wife was given a 100% interest in the family home free of judgments registered against Please tum to page 12

You will see a reference to the number of the Bill (First Reading Bill Number) when it was introduced into the House. This number may be different from the chapter number of the new Act which is quote~ after th~ title. of the Act and which is the proper citation for the Act. The First Readmg _Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

Every effort is made to ensure the ~ccuracy of the infor~ation provided to you in this article but the information should not be rehe.d.upon. Lawyers should refer to the specific legislative or regulatory provision.

Ann McLean

ACTS IN FORCE Community Care Facility Amendment Act, 1990, S.B.C. 1990, c.37 amends the Community Care Facility Act, R.S.B.C. 1979, c.S7, removing the provisions referring to the Provincial Child Care Facilities Board and the Provincial Adult Care Facilities Licensing Board and providing authority to medical health officers, the director of licensing and the variance committee appointed by the minister. The director has the power to vary, suspend or cancel a licence or interim permit to operate a community care facility. The minister may appoint an administrator to operate a community care facility where the health or safety of persons cared for is at risk. The Community Care Facility Appeal Board is established to hear appeals from decisions made by the minister, the director, a medical health officer or a variance committee panel. Note: in the last issue of BarTalk,

we reported that this Act was entirely in force effective April1, 1993, as set out in B.C. Reg. 387/92, however this regulation was recently amended by B.C. Reg. 94/ 93, deposited March 26, 1993, with the result that some portions of the Act are not yet in force.

for automatic repeal of the Act from April12, 1993 to April12, 1995 and deleting the provisions for automatic repeal of amendments to the Forest Act, R.S.B.C. 1979, c.140, so that the minister, after taking into consideration several factors, may reduce the allowable annual cut specified under an agreement replaceable under the Act where the owner or operator closes a timber processing facility or reduces its production, whic~ power will continue after repeal of the job Protectwn Act. in force April 8, 1993

Cemetery and Funeral Services Act, S.B.C. 1989, c.21, requires that every company incorporated under the Cemetery Company Act, R.S.B.C. 1979, c.46, convert itself into a company, society or board of cemetery trustees within 180 days of April 8, 1993. The registrar may extend the time to convert for two further 90 day periods. The Cemetery Company Act is repealed 270 days after April 8, 1993. sections 121, 122 and 129 of the Act in force April 8, 1993

Statutes Repeal Act, 1990, S.B.C. 1990, c.26, repeals the following statutes:

sections 1 - 7, 11 except paragraph (e), 12 and section ~except that part enacting the part of s.10(6) of the Commumty Care Facility Act, which makes s.6, 9 -11 and 13- 18 of the Commercial Appeal Commission Act apply to an appeal un~er s.10 of the Community Care Facility Act, and that part Which enacts s.10(7)- (9) of the Community Care Facility Act in force March 31 , 1993 [section 11(e) was brought into force September 27, 1990]

c.41;

Ombudsman Act, R.S.B.C. 1979, c.306, adds to

(c) Deficit Repayment Act, R.S.B.C. 1979, c.90;

the authorities which are within the jurisdiction of the Ombudsman, corporations owned by or the majority of whose shares are vested in the Province, universities, colleges and institutes and hospitals. sections 3 8 9 and 10 of the Schedule to the Act in force April ' ' 1, 1993

(a) Accelerated Park Development Act, S.B.C. 1971, c.1; (b) Caru~da-British Columbia Potato-warehouse Construction Assistance Act, R.S.B.C. 1960,

(d) Elevator Construction Industry Labour Disputes Act, S.B.C. 1974, c.l07;

(e) Health Cost Stabilization Act, S.B.C. 1982, c.15; (f)

Hospital Services Collective Agreement Act,

S.B.C. 1976, c.21;

fob Protection AmendmentAct, 1993, S.B.C. 1993, c.2, First Reading Bill Number 2, amends the job Protection Act, S.B.C. 1991, c.4, extending the date

(g) Metro Transit Collective Bargaining Assistance Act, S.B.C. 1984, c.33;

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Legislative Update (continued) (h) Municipal Expenditure Restraint Act, S.B.C. 1982, c.22;

(i) Provincial Debt Refinancing Act, 1982, S.B.C. 1982, c.52;

(j) Provincial Debt Repayment Act, S.B.C. 1981, c.27;

(k) Safety Engineering Services Act, S.B.C. 1972, c.56; (1) University of Victoria Special Appropriation Act, 1984, S.B.C. 1984, c.2; and (m) West Kootenay Schools Collective Bargaining Assistance Act, S.B.C. 1978, c.42. section 1, except that portion which enacts subsection (5), in force April 8, 1993

Health Statutes Amendment Act, 1990, S.B.C. 1?90, c.51, amends the Nurses (Registered Psychiatnc) Act, R.S.B.C. 1979, c.301, reorganizing the internal governance of the association and discipline and operating procedures. section s 33 - 40 of the Act in force June 30, 1993

Miscellaneous Statutes Amendment Act, 1992, S.B.C. 1992, c.77, amends the Nurses (Registered Psychiatric) Act, R.S.B.C. 1979, c.301, consequential to the amendments to the Act made by the Health Statutes Amendment Act, 1990 described above. section 8 of the Act in force June 30, 1993

Justice Reform Statutes Amendment Act, 1989, S.B.C. 1989, c.30, amends the Evidence Act, R.S.B.C. 1979, c. 116, dealing with expert evidence, to exclude from the definition of "proceeding" in s.10, 11 and 12, proceedings in the Court of Appeal, Supreme Court and Provincial Court and deleting some references to "judges". section 10(a) and (c) and 11 of the Act in force August 30, 1993

Court, are repealed and replaced. Part 1 provides for a retroactive tax of 6%, relating to legal services provided after May 31, 1992 and charged to the purchaser before February 26, 1993 and containing provisions similar to those previously in effect, but providing more detail in the areas found too vague by the court. Part 2 provides for a new tax of 7% effective April1, 1993 and relating to legal services provided after March 31, 1993. Some changes have been made. In particular, the provisions of the old tax which required a connection to British Columbia where legal services were provided in British Columbia and the purchaser or recipient resided, ordinarily resided or carried on business in British Columbia have been changed for the new tax, so that all such services are taxable and no other connection or relation to British Columbia is required. The provisions of the old tax which required a connection to British Columbia where legal services were provided outside British Columbia and the purchaser or recipient resided, ordinarily resided or carried on business in British Columbia have been changed for the new tax to require that the services relate to British Columbia and the legal services which relate to British Columbia are set out.

REGULATIONS TO NOTE Hospital Act, B.C. Reg. 289/73, the Hospital Act Regulations are amended to allow the minster to establish a program for the priority placement in another facility of hospital employees who have been or may be laid off.

B.C. Reg. 73193 effective March 11, 1993

Municipal Act, B.C. Reg. 75/93 is made, prescribing percentages for different property classes for the purposes of s.808 and 808.1 of the Act. effective March 16, 1993

INTRODUCTORY BILLS TO NOTE At the time of writing this column, the following bill had been introduced in the legislature, but had not yet progressed beyond first reading. This bill was selected because of its interest to practitioners and we have not reported on all introductory bills.

Social Service Tax Amendment Act (No.2), 1993, First Reading Bill Number 8, amends the Social Service Tax Act, R.S.B.C. 1979, c.388, as it relates to the tax on legal services. Effective June 1, 1992 the amendments made to the Act by the Social Service Tax Amendment Act, 1992, which were found unconstitutional by the B.C. Supreme

Partnership Act, B.C. Reg. 524/78, the Partnership Regulation is amended to provide revised forms for filing declarations under the Act, and a separate form for a declaration of extra-provincial limited partnership.

B.C. Reg . 115193 effective March 31, 1993

Court Rules Act, Family Maintenance Enforcement Act, B.C. Reg. 141/79, the Family Relations Act Rules and Regulations Part 1 and B.C. Reg. 158/ 91, the Form of Consent Regulation are repealed, B.C. Reg. 346/88, the Family Maintenance Enforcement Act Regulation is amended and B.C. Reg. 82/93, the Provincial Court (Family) Rules are made, providing a comprehensive set of rules for

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Legislative Update (continued) the conduct of proceedings in Provincial Family Court. The new Rules codify existing practice and introduce several changes including (a) Rules 1(4) and 3(1), requiring the parties to file specified financial information before or at the time of the first court appearance, (b) Rule 3(2) and 6(1), allowing the parties to change the scheduled date for an appearance or a trial, by consent without appearing in court,

(c) Rule 4, setting out the procedure for a pre-trial conference, (d) Rule 6(3) - (8), providing for expert witnesses and their reports, and (e) Rule 10, allowing Provincial Court judges to order paternity tests where parentage is denied in a maintenance proceeding. effective April1, 1993, except Rule 6(3) - (8), which is effective August 30, 1993

REPORTS AVAILABLE

Proposed amendments to the Adoption Act

Report

Source

Project to Review Adult Guardianship

Community Legal Assistance Society (Vane- 685-3425), cost$ 5.00 plus $3.00 shipping and handling

The Challenge of Change Maintaining B.C.'s Social Safety Nets

Ministry of Social ServicesCommunications (387-6485)

Changes may soon be made to the Adoption Act so that all adoptions, including private adoptions, will be carried out by the Ministry of Social Services. Legislation may be introduced this spring.

Guidelines to Maintain Biological Diversity

Ministry of Forests- Integrated Resources Branch (387-6656)

Ministry of Social Services Bulletin

Family and Children's Services Division (387-7071)

Information about the new Small Claims fees On May 10, 1993, increases to Small Claims fees become effective. The Small Claims Program was reformed extensively to improve access to justice.

The number of filings has increased by a lmost 50 per cent in the last two years, resulting in lengthy delays for settlement conferences and trials. The revenue from the fee increases will go directly towards helping reduce the backlog in Small Claims Court.

Filing a Notice of Claim • for a claim up to and including $5,000 .. .... .. ........ ......... $50.00 • for a claim over $5,000 ..... .. ... ......... ...... .... .. ... ... .. .... $100.00 Filing a Reply • except where the defendant has agreed to pay all of the claim .... .................... ......... $25.00

Defendants will now contribute to the cost of resolving disputes. A defendant who agrees to pay all of the claim in thereply will not have to pay the fee.

Setting a Trial Date • where the claim was filed prior to May 10, 1993 but the case has not yet been scheduled for conference or trial ...... $50.00 With this fee, people with "old" cases will also contribute to the improvements in service.

The successful party may recover these fees from the other party as part of the judgement. If parties cannot afford to pay the fees, they may apply to the Court Registrar. []

Lawrence Kahn, a Richmond practitioner experienced in the area of private adoptions, is representing the B.C. Branch of the Canadian Bar Association in discussions with the Ministry.D

New AG Ministry structure The Ministry of the Attorney General has been restructured into two distinct sections - a legal component reporting to the deputy attorney general, and a community justice and public safety component reporting to a newly created deputy minister's position.

Deputy minister designate Maureen A. Maloney's appointment will be effective May 17, 1993.

She will lead corrections, court services, motor vehicle, and liquor control and distribution operational branches, as well as policy and resource analysis, corporate planning and communications. The former management services branch has been renamed support services, with many of its community and ministry-wide initiatives organized in to two new Please tum to page 12

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Your Registry Questions Answered

by Joanne Power, Manager Registrar Program

Company Act

Q Who can apply for a restoration of a company pursuant to the Com-

pany Act? A PursuanttoSection286of the Company Actitmust be an "interested party". e.g., An officer, director, creditor etc. not an agent, lawyer accountant etc.

Court Order

Q Does a Province or Territory other than British Columbia have any obligation to honour a B.C. Garnishing Order pursuant to the Court Order Enforcement Act?

A The courts of a province havenoauthorityoutside the province . A province might enact legislation deeming our orders enforceable then upon registration.

Rule 10(2)

Q Can a consent order be made to split liability and damages prior to trial?

A No, this application must be spoken to before the Court. The subject of splitting issues in a proceeding was canvassed by Mr. Justice Thackray in Beddowv.

Megyesi, 63 BCLR (2d) 158, at page 168:

"There should be compelling reasons before a trial is severed. Such compelling reasons can be found in Morrison-Knudsen, supra. In Kripps v. Touche, Ross & Co. (1986), 7 B.C.L.R. (2d) 105, McEachern, C.J.S.C. did some musings about the type of cases where some issues [were tried] before others'. He had in mind the type of case where 'the claims of three or four typical plaintiffs were tried in the hope and expectation that all similar cases might be resolved on the same basis."'

Rule 13(13)

Q How do you serve a company in Ontario, which is not registered, pursuant to the Company Act within British Columbia?

A Mailing by double registered mail to the companies head office pursuant to Rule 13(13) (a) (b) or (c).

For example, to comply with Rule 13(13) (a) you must comply with Section 227 of the Company Act. Rule 57

Q What fees is a professional witness entitled to for giving evidence at trial?

A In a recent decision, Laramee and Lytkowski v. Olson and IWA-Canada Holdings Society Locall-367, (unreported), Vane. 8910311, Master Patterson found that in the case of doctors, while the BCMA fee guide is not binding on the registrar, it has been used for some time as a handy guide to what is reasonable, necessary and proper for fees charged by physicians.

With respect to other professional the factors set aut in Rules 57(4) and 57(8) apply. The test for whether a disbursement will be allowed has been defined by the Court of Appeal in Van Daelev. Van Daele(1983) 56, B.C.L.R. 178 as: "The proper test, it seems to me, from a number of authorities referred to us this morning is whether at the time the disbursement or expense was incurred it was a proper disbursement in the sense of not being extravagant, negligent, mistaken or a result of excessive caution or excessive zeal, judged by the situation at the time when the disbursement or expense was incurred."

Rule 57(4)

Q Is there a distinction between securing the expert witness' attendance and compensating that person for their attendance?

A Yes,$20.00 must be tendered in advance to secure

the attendance of the witness (Schedule 3 of Appendix C). The attendance itself must meet the test set out in Rule 57(4).

Rule 69B(11)

Q What are the requirements for a Certificate of Marriage or a cer.tified copy of the Registration of Marriage under rule 60B(11) of the Rules of Court?

A The certificate or certified copy must be issued by a government authority. The court can then be satisfied that the parties are legally married.

Land Title Act Section 213(1)

Q If a Lis Pendens is not claimed in a proceeding can a Registrar issue a certificate of Lis Pendens?

A Yes. A person who has commenced or is a party to a proceeding which claims an estate or interest in land may request a certificate of Lis Pendens pursuant to Section 213(1) of the. Land Title Act. The claim does not necessarily have to give a legal description by you must be satisfied that the pleading claims an interest or estate in the land against which the lis pendens will be filed.

NB:

After consultation with the Land Title Office, they would prefer that the legal description be set out in the pleading attached to the lis pendens. This will expedite registration against the land.

If you have any unusual or interesting questions, please write directly to Joanne Power, manager registrar programs, Law Courts, 850 Burdett Ave, Victoria, B.C. V6W 1B4. []

We've only just begun!

by Janice Mucalov CLE Plain Language Project ]i[~.er.en:s

th e Plai n Language Project of th e Continuing Legal Edu ca tion Society of British Columbia was originall y conceived as, an d intend ed to be, a three (3) year project;

fu~.erws Th e Plain Lan guage Ins titute of British Columbi a was also dul y cons tituted for a li ke term of three (3) yea rs;

Ana

Now t~.er.efor.e &.e it a.edn:r.ea th at th e time has come to bid adieu, farewell, and/or goodb ye to the aforesaid Project and Ins titute;

furf~.er that th e same aforesaid Project and Institute d o hear til y hope, desire, encourage, and oth erwise urge all lawyers and members of th e La w Society of British Columbia to assume, take on, and carry forward th e challenge and responsibility of writin g and drafting in clear, plain, readable, and readily unders tandable language.

Ana 0£ tf

a.edar.ea

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adly, most things end. On March 31st, both the Plain Language Institute and the CLE Plain Language Project wound down after three rewarding years of enticing lawyers and the public to write more clearly.

But although our projects have ended, our work will not.

On April 1st, a new plain language program based in the provincial Ministry of Government Services replaced the Plain Language Institute.

Phil Knight, the Institute's former Executive Director, is interim coordinator. The new program (not yet named) promises to support plain language initiatives in all government ministries, boards, commissions, and agencies.

A community-based advisory committee representing legal, multicultural, aboriginal, and literacy groups will guide the new program.

Call Phil at 687-8895 for more information.

The CLE endeavors will continue with plain language writing courses and publications.

Clear Legal Writing-A Contemporary Approoch will be offered: May 14 and 15 May 28 and 29 June 2 and 3 June 4 and 5

Kamloops Victoria Surrey Kelowna

You can also get many of the precedents that the CLE Plain Language Project wrote, tested, and revised, including: • sample retainer agreements • a plain language will • foreclosure precedents CLE's book Modern Writing for Lawyers offers tips on how to draft affidavits, contracts, and other documents. Call Karen !meson at 669-3544 for these and other publications.

Many of you have said you would like to see our work continue in other ways, too. What about establishing a Plain Language section of the Canadian Bar Association? Or volunteering to redraft your firm's precedent bank in plain English?

Clear writing is the way of the future. Lawyers like it, judges want it, and clients demand it.

We pass the banner to you.

Parting hints to make your doc ume nts easie r to re ad: Type size

Use a minimum type size of 10 points (used here).

Type face

Use a serif typeface for text. Serif typefaces have tiny curls on the ends of letters which make them easier to read. For contrast, try a non-serif typeface for headings as we've done here.

Capital letters

Keep upper-case words to a minimum.

ALL CAPITALS ARE HARDER TO READ. To highlight headings, try balding instead. Italics can also be used for emphasis.

White space

Don't cram your pages with print. Leave lots of white space around your text. Your document will look easier and more inviting to read.

Paragraph sculpturing·

Use indentations and sculptured paragraphs to avoid ambiguity and to show your readers how your ideas are related . example:

Psychiatric service is covered only when furnished by a) a group practice organization, or b) a community mental health center which furnishes comprehensive mental health services.

Plain Talk is jointly sponsored by the CLE Plain Language Project and the Plain Language Institute of B.C. The Project teaches B.C. lawyers plain language writing skills and converts legal precedents to plain language. The Institute promotes plain language in the broader context of government, business, and the legal community. It also funds this column.

10

Law Day programs (continued from page 1) •Student mock trials +"Dial-A-Lawyer" (20 lawyers provided free legal information to callers from around the province) •Special information feature in the Vancouver Sun and Province supported by advertising from lawyers and law firms •Student/Lawyer Mentoring program (200 secondary schools were paired with lawyers for a half-day experience in a typical' day-in-the-life' of a lawyer •special student forum on "Youth Violence and Crime" Victoria: •Open house at the provincial court Duncan: •mock trials Enderby: •mock trials, probation officers speaking to students New Westminster: •mock trials, Law Cup public speaking regional finals Port Hardy: •mock trial, video of police station Tumbler Ridge: •mock trials North Vancouver •open house at provincial court, mock trials, displays and presentations Williams Lake: •province wide student "video and teleconference" on the subject of" Achieving Independence." Twenty-one schools from throughout the province will be linked through the Open Learning Agency's Teleconferencing Service and will be able to ask legal professionals specific questions about this topic.

Kamloops: •open house at the provincial court Merritt: •open house at the provincial court Nanaimo: •open house at the provincial court Kelowna: •open house at provincial court

Other locations planning law week activities include: Nel> son, Courte- ~ nay, Prince George, Ver- ::; non, Pentic- ~ ton, Clinton, ~ Fort St. John, ~ Quesnel, ~ Vanderhoof, ~ Prince "'....__ _, Rupert, and Surrey. Programs included mock trials, a senior's workshop, displays, plays, and visits by lawyers to the classroom.

g

Tax update (continued trompage 1) • the collection and remittance procedures for the new tax will likely be similar to those for the old tax, unless they are changed in the regulations; • the provisions of the old tax which required a connection to British Columbia where legal services were provided in British Columbia and the purchaser or recipient resided, ordinarily resided or carried on business in British Columbia have been changed for the new tax, so that all such services are taxable and no other connection or relations to British Columbia is required; • the provisions of the old tax which required a connection to British Columbia where legal services were provided outside British Columbia and the purchaser or recipient resided, ordinarily resided or carried on business in British Columbia have been changed for the new tax to require that the services relate to British Columbia and Bill 8 sets out which legal services relate to British Columbia; • the provisions of the old tax dealing with the provision of le-

"Barry Sullivan Law Cup" Public Speaking Finals were held at the Vancouver Law Courts on April 14, 1993. Contestants from around the province gather with Mrs. Dawn Sullivan prior to the competition.

gal services in British Columbia to "non-residents" have remained substantially similar, and; • there is no tax payable on legal services billed on or after February 26, 1993 and provided on or before March 31, 1993.

We are extremely grateful to our members who voluntarily donated about two-thirds of the extra-ordinary costs the B.C. Branch has incurred to oppose the tax including our legal expenses, public relations consultants, and bulletins to keep our members informed about this issue.

As noted, our counsel Joe Arvay will be advising us soon as to continuing the legal challenge and how much that may cost us.

We encourage you to keep informing your clients of this unfair, selective and regressive tax on legal services when you issue your invoices to them. Encourage your taxpaying clients to add their voice to the growing concern of increased taxation by contacting their local MLA to repeal the social services tax on legal services. CJ

11

Convention delegates take care of business in Kelowna Perfect weather and a full slate of outstanding speakers and events made for a successful Winter Convention '93 in Kelowna on March 25 to 28.

Winter Convention '93 chair Kerry-Lynne D. Ferris of Ray Connell kicked off the convention and thanked the many local lawyers who assisted in planning the program, social, guest and children's program and transportation.

Special guests included Attorney General Colin Gabelmann, National CBA President Paule Gauthier and Alberta Branch President Doug Stollery.

David Peterson, Q.C., former premier of Ontario, provided a controversial keynote address.

He told delegates that there were "too many lawyers in Canada" and suggested that law schools limit enrollment.

As Ontario premier, he said that he had saved millions by cutting back on extraneous legal services.

National CBA President Paule Gauthier (/eft) and J.J. Camp (right) meet at Winter Convention '93 prior to the "great debate" whether the practice of law is a business or a profession. In the photo background, former Ontario premier David Peterson is interviewed by the Kelowna television reporter.

Turning to the future of legal services, he indicated that keeping abreast of changes in the global economy is critical if the profession is to survive. He said that no business is safe from global competition and that even the smallest Canadian industries must look to foreign markets if they are to stay profitable. He said that there are hundreds of small Canadian businesses with exportable products, technology and skills who need legal advice about doing business abroad.

Jack Giles, Q .C., and J.J. Camp, Q.C., provided both an entertaining and informative session on whether the practice of law is a business or a profession.

Sandra Craig (/eftJ of Canada Life Casualty and Sam Esaw of CBIA meet delegates at Winter Convention '93.

Special thanks is extended to the 16 exhibitors who attended the Convention and provided various prizes and donations.

"We have all the burdens of a business. We require capital; we must compete, we take risks and we make a huge investment of personal commitment.

We are entitled to the rewards of these risks and a fair return on our investment," said Giles.

But J.J. Camp stated that "professional standards, not client client standards, should govern the work and advice of a lawyer." Camp added that the pro-

fession of law involves service as its main aim and profit as an incidental.

Adding their insight to the question, Paule Gauthier and Roy Williams participated in the post-debate analysis.

Delegates and guests came away from the afternoon session with Deborah Shannon with a focused action plan to avoid procrastination.

A diverse group of panelists including Hamish Cameron, Elizabeth Symes, Roy Williams, Stephen Nash and Melina Buckley and led by moderator Wendy Baker, Q.C., provided thoughtful comment on the issue of gender equality in the legal profession.

Social events included the Welcoming Reception with local wineries and brewery providing a taste of local wines and beers.

A highlight of the social events was the four law firm receptions. Special thank you is extended to the law firms, Pushor, Mitchell, Davies, Montgomery & Co.; Salloum Doak; Berge & Company; & Wageman Bailey '

Please turn to page 12

12

Section Talk (continued from page 5) the husband's interest in the home after the filing of a lis pendens and after the s. 44 declara- · tion or "triggering event".

to claim priority for his or her substantive right as of the date the lis pendens was filed.

In Hall, the Court considered Blackett v. Blackett (1989), 40 B.C.L.R. (2d) 199 (C.A.). The Court of Appeal emphasized that an interest of a spouse in a family asset does not come into existence until there has been a triggering event under section 43 of the FRA. The Court also stated that section 51 of the FRA must be applied as of the date of a triggering event.

• There is not automatic right to priority arising in the lis pendens holder simply because he or she subsequently established an interest in property. If there is a competing claim to priority, the lis pendens holder may be defeated.

On that basis, Judge Ryan held that the fact of the triggering event prior to the filing of the judgments permitted her toreapportion the property to the wife thereby defeating the judgment creditors. Alternatively, Judge Ryan stated that if her analysis was incorrect, she relied on Whittal v. Whittal (1987), 19 B.C.L.R. (2d) 202 (S.C.) and reapportioned in the wife's favour back to the date the lis pendens was filed.

ty, rather than automatically obtain priority.

Madame Justice Prowse in Antenen rejected the Whittal analysis and stated that to the extent that Whittal suggests that a person filing a lis pendens automatically obtains priority for his or her judgment over claims registered subsequent to it, the decision goes too far.

The Court then discussed the use and effect of a lis pendens in a matrimonial property action making the following points: • the filing of a lis pendens does not, in and of itself, create substantive property rights in the person filing the lis pendens.

• Once a substantive right in property has been established, section 31 of the Land Title Act states that the claimant is entitled

tenen's substantive right to the home was not created by the filing of a lis pendens, but rather by the order under section 51 of the FRA, which order related back to the date of the triggering event. The outcome was that in the absence of a triggering event, Mrs. Antenen took the equity in the home subject to Revenue Canada's judgment.

The Court held that Mrs. An-

In conclusion, Lang commented that the Court's analysis in Antenen is a reminder to family law counsel of the need to carefully consider the advantages and disadvantages of obtaining a section 44 declaration sooner than later. Further, clients must be made aware that the filing of a lis pendens does nothing more than act as notice to the world.

To obtain priority, further steps must be taken. D

Ministry restructures

Winter Convention '93

(continued from page 7)

(continued from page 11)

branches - community justice and public safety and regulatory.

who rolled out the red carpet to host the delegates and guests for the evening.

• Section 31 of the Land Title Act permits the filer of a lis pendens to claim priori-

• The filing of a lis pendens operates as notice to the world that an interest is being claimed.

Brian Neal has been confirmed as deputy attorney general, a position he assumed on an acting basis on Feb. 3, 1993. As chief legal advisor to the ministry and to government, he will be responsible for the criminal justice and legal services branches, as well as the land title branch and the coordinated law enforcement unit (CLEU). Policing responsibilities have also been strengthened and reporting structures clarified. The mandate of the police commission will be broadened, allowing the commission to become the central source of policy advice for government on policing issues. Other policing activities will be divided primarily between the community justice, and public safety and regulatory branches, and the policy and resource analysis division. D

The wind-up Dinner and Dance was a resounding success with a "fun-time" casino and dancing to "Bing Armstrong and the Lonesome Steve Band." Marvin Geeke of Salloum Doak in Kelowna will be spending a weekend for two in San Francisco as his name was selected for this weekend getaway prize sponsored by Corporate Couriers.

A special thank you is also extended to the many donors and sponsors who supported Winter Convention '93 including Patron Sponsor: National Trust; Major Sponsors: FINSCO Investment Management Corporation, Air Canada, Corporate Couriers, WestPac, and the CBIA. D

13

Symes continues court challenge; members can still contribute Elizabeth Symes met with B.C. Branch members at the midwinter meeting in Kelowna as a participant in the Gender Equality panel.

In addition to her experience as a human rights and equality lawyer, Symes brought her own personal perspective to the panel as the challenger of the current tax provisions concerning childcare expenses.

She recently went to the Supreme Court of Canada on March 2, 1993, to challenge current tax provisions which disallow business people the opportunity to deduct the full cost of childcare expenses from business income. The gender inequality aspect of this issue was argued by the CBA as intervenor.

In addition to speaking on the panel and meeting with members in Kelowna, Symes also attended a fund-raising event held at the Law Courts Inn on Monday, March 29, 1993.

Symes, along with J.J. Camp, QC, counsel for the CBA as in-

Elizabeth Symes (centre) meets with Wendy Baker, QC, (right) and Catherine Sas at Winter Convention '93 in Kelowna. Baker moderated the "Gender Equality" panel on which Symes participated. Sas organized the Symes' fund-raising event at the Law Courts Inn on March 29, 1993

tervenor, spoke to a group of Vancouver lawyers who attended the event. Symes discussed the progress of her case through the Federal Court Trial Division and Appeal Court stages up to the recent Supreme Court challenge appearance. Camp gave the intervenor's view and also discussed how the CBA came to participate in the case as intervenor.

Members are still encouraged to assist Elizabeth Symes in her court challenge. Your generous donations should be made payable to the CaMdian Bar Associa-

tion (B.C. Branch) re: Elizabeth Symes and sent to the CBA office, lOth Floor, 845 Cambie St., Vancouver V6B 5T3. For further information, please contact Catherine Sas (tel: 689-5444 or FAX: 689-5666). D

New driver abstract request procedures announced With the introduction of the

Freedom of Information and Protection of Privacy Act coming into effect in October 1993, the Motor Vehicle Branch is introducing two new Driver's Licence Abstract Request Forms.

A number of changes with respect to information from the Driver's Licence files will be affected . These include: • No information will be dispensed over the telephone as of April 19, 1993.

• Your new search account number becomes effective and persons providing the old account number will be refused

information as of May 3, 1993.

• Information from the Driver's License files (Driver's Abstracts) will only be provided to those who have written authorization from the owner of the information (the driver). Information will be released only to the individual or organization named on the consent form signed by the driver as of May 3, 1993.

Law firms who have an account with the Motor Vehicle Branch will receive a direct mailing describing these changes and providing a sample of the Driver's License Abstract Request. Re-

quests for drivers abstracts must be submitted on the new forms as of April30, 1993.

For further information about these forms and their use, contact the Operations Support Department of the Motor Vehicle Branch (tel: 356-1296 or 3565648).

Copies of the forms are available from any Motor Vehicle Branch office or from the Branch stockrooms at 2631 Douglas Street, Victoria V8T 5A3. D

14

Highlights from the Provincial Council Meeting Special General Meeting of the B.C. Branch of the CBA approves changes to by-laws Two By-Law amendments were forwarded and approved at the Special General Meeting on March 25, 1993.

The first amendment alters the by-laws to replace the wording "annual meeting" with "June Provincial Council Meeting."

This follows on the Executive's decision to change the Annual Meeting to September but to continue the B.C. Branch Provincial Council elections prior to the June Council meeting and the election of Executive Committee members at the June Provincial Council meeting.

The second amendment was forwarded in response to concerns of Yale County members regarding representation on Council. The by-law amendment provides for at least one Provincial Council member from the six members elected in Yale County to be elected from the Okanagan-Similkameen, Central Okanagan, North Okanagan and Thompson-Nicola Regional Districts. These members will be elected by practicing members whose principal place of business and non-practicing members whose residence is situated in those areas.

Social Services Tax on legal services

Council members suggested that the CBA do more to lobby the elected repr~sentatives in Victoria and to have more contact with all political parties.

Ethical issues facing lawyers with respect to child sexual abuse cases The National Council of the CBA resolved in August 1991 to study ethical issues facing lawyers with respect to child sexual abuse and to draft guidelines for the legal profession. The B.C. Branch Provincial Council approved a resolution to urge the National Council of the

CBA to expand the ambit of the study of ethical issues facing lawyers to include all cases of wife assault and violence within intimate relationships and to draft guidelines for the legal profession to be incorporated into the Code of Professional Conduct.

Several Council members strongly urged that the B.C. Branch have representation on the committee drafting these guidelines and study.

National CBA President reviews activities National President Paule

Child Care expenses approved for members serving as volunteers on B.C. Branch Council and committees To encourage full participation in CBA (B.C. Branch) activities, the Gender Equality Implementation Committee reviewed policies for child care expenses reimbursement. After discussion, Council approved child care expense guidelines for a one-year trial basis, effective for the 1993/94 fiscal year. As well, these expenses will be reviewed on a quarterly basis and will be coordinated with similar policies now being considered by the Law Society and CLE. Child care expense reimbursement will be available for members serving on Provincial Council, Executive Committee and other Committees as established by Provincial Council.

Briefly, the expense guideline outlines that reasonable child care expenses will be reimbursed for scheduled Council, Executive Committee and Provincial Council committee meetings and for travel to and from each meeting; Claims for child care expenses may be made only when claims for other expenses are submitted and general policies regarding reimbursement apply; Child care expenses can be claimed only for dependant children and child care is to be provided by a non-family member;

Council members again voiced their objections to the social services tax on legal services while no other professional services are taxed. It was mentioned that despite government claims that the tax assists legal aid funding, that the tax goes into general funds.

Receipts for expenses must be submitted . For budgetary purposes, annual estimates of anticipated child care expenses are to be submitted to the B.C. Branch; Requests for care of dependant adults may be made; Reimbursement for child care and dependant adult expenses of guest speakers for Provincial Council or Section activities may be reimbursed .

15

Highlights from the Provincial Council Meeting Gauthier addressed Provincial Council members and noted the National CBA continues several important projects including the Federal Internship Program, the Elizabeth Symes intervention, which she pointed out is the first public intervention by the CBA and the first hearing by the Supreme Court of Canada that has been televised . She also noted that varous initiatives such as the Lobbyists Act, the Federal Law Reform Commission and Judges Salaries have been on-going. Gauthier made special mention of national CBA Treasurer Dennis Maher for his hard work which has resulted in a successful reduction of the National CBA deficit which is expected to be cleared within the next five months.

PLTC Programs Racquel Goncalves reported on the P.L.T.C. Program and noted that soon over 50 per cent of the practicing lawyers in B.C. will have taken the P.L.T.C. course in British Columbia. As part of a review, PLTC representatives had attended about 20 Section meetings and had received many helpful comments and criticism as well as praise for the materials provided to students. One frequent comment was that the course covered too much in too short a time and that consideration be given to increase the course from 10 to 12 weeks.

Attorney General speaks to Council Attorney General Colin Gabelmann announced the recent changes to the ministry including creating a dual-deputy system with Brian Neal as chief legal advisor and Maureen Maloney as chief operations officer.

Attorney General Colin Gabelmann (at lectern) addresses members of Provincial Council on March 25, 1993 . (From left to right) B.C. Branch Executive members Doug Robinson, Emily Reid, Eric Rice, Robert Smethurst and Rob Gourlay.

Gabelmann reported that policies to deal with violence in the home as well as in the streets were being developed;

countability, structure of the Legal Services Society board, and delivery systems are being addressed.

He stated that the Young Offenders Act is not a problem but that conditions in society create problems with our youth that must be solved;

Court Order Interest abolition opposed

A Native Justice inquiry is under way to resolve problems within the native community and the justice system; Small Claims fees will be increased to fund six additional judges to handle the increased volume of cases; Legal Aid continues to be a significant priority of the ministry and solutions to problems of ac-

Council approved a resolution opposing the elimination of Court Order Interest on awards for non-pecuniary loss and past wage loss that have been received from a collateral source.

ICBC advised the B.C. Branch that it was seeking changes to the legislation in this area on the grounds that such awards result in over-recovery by claimants. 0

Eye sight is precious - help conquer blinding diseases The Vision 20/21 Eye Care Foundation has organized a lottery with the net proceeds going to medical eye research in B.C. The lottery offers an excellent deal: two Mercedes automobiles as two first prizes, plus two early bird prizes- a Caribbean cruise and a Hawaiian vacation. The cars will be drawn for on May 27 with theearlybirdcruisedrawonApril 15 and the vacation on May 11.

Tickets are just $40 and only 7,500 tickets will be sold. We all know how precious and important eye

sight is to all of us. Eye research offers the only chance to conquer stubborn, blinding diseases-but eye research is not funded by the B.C. Medical plan.

The CBA (B.C. Branch) Executive supports VISION 20/21 in its efforts to ensure that more people in B.C. will enjoy the gift of vision asweenterthe21stcentury. Help conquer blinding diseases. To order your tickets, call the VISION 20/21 Lottery Hotline at 875-5665 or 875-5301 . 0

16

UBC law students win prestigious moot competition Eight law schools recently participated in the 1993 Canadian Corporate and Securities Law moot Competition in Toronto.

UBC, in its first appearance was represented by Beth Allard, Derek Jonson, Kerri Mooney, Lan Yip, researcher Paul Adams and advisor Professor Barry Slutsky.

UBC took top honours overall by winning all five of its moots, including the final against Osgoode Hall before a five member panel which included Mr. Justice Cory (Supreme Court of Canada), Mr. Justice Lambert (B.C. Court of Appeal), Madam Justice McKinlay (Ontario

Court of Appeal), Stan Beck (former Chair of the Ontario Securities Commission) and William Moull (former Vice-Chair of the Commission). U. ofT. placed third. UBC also re- 路 ceived a Factum Award, placing second to the University of Ottawa.

Of special mention is Beth Allard, who won the Charles Salter Award as the Competition' Top Oralist. In addition, Professor Slutsky was informally recognized as "Coach of the Moot" by the Queen's University team. Indeed, without his efforts and guidance, our performance would not have been

nearly so strong. Also deserving special recognition are "the Pez" (who provided the challenging set of securities law issues which were mooted) and next year's team (which is under absolutely no pressure whatsoever).

The team would like to thank George Macintosh, Q.C. and Ken McEwan of Farris, Vaughan, Wills & Murphy. It was their invaluable support and guidance which helped to make our attendance both possible and highly successful.

by Paul Adams Reprinted from The Informer

CBA Member Services endorsed program

Speed your way through your flight check in

Directory '93 update

CBA members taking advantage of their 25 per cent discount at Park'N Fly Valet Parking at Vancouver International Airport will now be able to check-in for their Air Canada/ Air B.C. flights as well.

On page 371 of your 1993 Directory, add the following to the Court Reporters listing:

Complete Air Canada / Air B.C. service, jncluding seat selection, boarding passes, baggage check and ticket pick up, is available

from 0545 to 2200.

Check in at the recommended time, avoid frustrating lineups and in less than 15 minutes, you can be at the terminal en route to your departure gate with all the necessary formalities completed at Park'N Ay. As well, Aeroplan members receive 250 free miles! Cl

Dates to Note May 14 to 15 Cariboo Bar Meeting, Prince George June 19 CBA(B.C. Branch) Provincial Council Meeting, Vancouver August 22 to 25 National CBA Annual Meeting, Quebec City Further info, (613) 237-2925 September 16 Section Chair Meeting, Vancouver

September 17 Annual Meetings of the CBA (B.C. Branch) and the Law Society of B.C. Location: Law Society of B.C. at 845 Cambie Street, Vancouver September 18 CBA (B.C. Branch) Provincial Council Meeting, Vancouver 路 November 25 Bench and Bar Dinner, Law Courts Inn, Vancouver

Thank you to the many volunteer lawyers who assisted with Law Day '93 activities!

-VernonLoomis Court Reporting Services P.O. Box692 Vernon, B.C. V1T 6M6 Tel: 545-3512; FAX: 545-4560.

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor - 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: (604) 687-3404 FAX: 669-9601 Editor: Larry Hnetka, Communications Director 687-3404 Legislation and Law Reform Officer: Ann McLean (Victoria) 370-2234 SectionTalk Editor: Shelley Bentley, Melville & Yeung 685-3881 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer. 漏 Copyright the British Columbia Branch of the Canadian Bar Association-1993.