BarTalk | February 2004 by The Canadian Bar Association, BC Branch

The

Canadian Bar Association British Columbia

CBA Fee Challenge Dismissed Supreme Court upholds Law Society/CBA position

Inside President's Column

Section Talk

Practice Talk

Legislative Update

The New Deputy Attorney General 19 Make Your Resolutions Reality

Law Week

Executive Director's Column 22 Sole Practitioner Ted Boe

Nothing Official

CBABC Web site

Bar Moves

CLE

B.C. Courthouse Library Society 29 Law Foundation of B.C.

Classified Ads

BarT a/i<Publication Sales Agreement #40741008

n December 17, 2003, a Supreme Court of B.C. ruling confirmed that the Law Society of B.C. is authorized under the Legal Professions Act to set and collect a practice fee which includes a fee to be paid to the Canadian Bar Association.

benchers in remitting such a fee to the CBA on behalf of all practising lawyers, was not "patently unreasonable or even unreasonable."

"In my view, provided that overarching restriction is respected, the specific merits of any particular program the members see fit to support, whether it be the Canadian Bar Association, the Lawyers Assistance Program or "... the specific merits of any the British Columbia Courtparticular program the memhouse Library Society is not bers see fit to support ...is not a matter that should be rea matter that should be reviewed by the court."

A ruling had been sought by Mr. Richard Gibbs, QC, that section 23(1)(a) of the Legal Professions Act does not permit members of the Society to include a CBA fee viewed by the court." amount in the practice fee, Quoting MacDonald, J. in and that section 24(1)(c) Beltz v. Law Society of British does not permit the Benchers to collect and remit to the CBA such a fee on Columbia, Justice Taylor wrote: "On policy matters, honest and sincere people often hold differbehalf of all practising lawyers. ent views, but the court is not the arbiter of the The Law SocietY, of B.C. and the CBA argued correctness of one view over another." that section 23(1) allowed the members of the "I agree with that statement and would add that Society to set the practice fee, including a universal CBA fee, and that the general power given to the courts should not intervene when there is the Benchers by section 4 of the Act was not re- found to be reasonableness of a position taken stricted by the specific authority to collect CBA by a majority of the members of the society that the work of the association is consistent with fees in s. 24. the objects and duties of the society." The petitioner argued that the setting of the fee for members of the Law Society "violated an Richard Gibbs, QC appeared in person, the Law overarching restriction imposed by the Legal Society was represented by Murray Clemens, Professions Act being that the setting of practice QC, and the CBA was represented by Geoff fees must include only purposes consistent with Cowper QC and Stanley Martin. the objects and duties of the Society as enumerA full text of the decision can be found at ated ins. 3 of the Act." www .courts.gov .bc.caljdb-txtl scl03 I 18 I â&#x20AC;˘ Mr. Justice Taylor held that the objects of the 2003bcsc1814.htm CBA were substantially consistent with those of the Society, and therefore the actions of the members in setting the practice fee, and the

www.bccba.org

-~ ~-'

Letters to the Editor Re: BarTalk Vol. 15/No. 6 "Study on Access to Legal Aid"

Re: BarTalk Vol. 15/No. 6 "Bikram Yoga Contest"

Regarding the article about legal aid in the December 2003 BarTalk, it is my constant habit to tell clients and others that lawyers have been required to charge PST since 1993. The purpose of this was to fund legal aid. The provincial government has consistently skimmed much of that money away from legal aid. In effect, the provincial government has created this legal aid funding crisis, puts not one penny into legal aid, and has made money out of the situation since 1993. This perversion of our values and degradation of rights and social justice deserves attention. Members of the profession should point out the many pro bono services provided by the profession and repeat that the fundamental gap in the legal aid system arises from deliberate and dishonest political policy.

Both I and my sister, who is in practise with me, are regular yoga practitioners. We have found yoga to be an excellant way to promote both our physical and mental well-being given our demanding family law practices. We have even gained clients who wish to have a yoga lawyer. Thanks for promoting this practice which can only assist our colleagues in living a better life.

Gregory Bruce

Send your letters to the Editor to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll free fax: 1-877-669-9601 E-mail: cnevin@bccba.org

Shannon Buchan

• Re: Mount Washington Lift Tickets

I wanted to let you know how happy I am that the CBA is offering ski lift tickets for Mount Washington as well as Whistler and Sun Peaks. As a Victoria resident it is great to be able to enjoy the savings on our "local" moun-· tain, as well as the other mountains in the province. Keep up the good work!

•

Fiona McQueen

National President Defends Legal Profession Following a recent series of articles criticizing the legal profession, President Bill Johnson has countered the attacks and brought the perspective of the legal profession to the pages of the National Post. On December 31, he set CBA National out his thesis and President Bill Johnson described the root of the problem as being contradictory expectations. 2

"When public expectations of the legal profession are informed by factors as random as television programs, bestsellers or the news of the day, it's perhaps no surprise that public expectations and demands of the legal profession are so contradictory," he wrote. He made his points through five key examples on: lawyer-client confidentiality; the rights of the accused; perception of lawyers; lawyers as lawmakers; and the role of judges. To view the full text of the column, please visit www. cba. org I CBA IN ews I 2004_Releases I 2004-01-0S_johnsonopedtext.asp • BarTalk Vol. 16/No. I

President's Column

Security and Independence Justice system requires lawyer safety n December 5, 2003 the Ontario Bar Association (OBA) Council Meeting unanimously passed the following resolution: "Whereas access to justice in a democratic society requires that lawyers be able to carry out their duties in representing individuals and groups without fear of harm; And, whereas the Ontario Bar Association is committed to the safety of lawyers who are placed in danger in the course of their duties Therefore be it resolved that: The Ontario Bar Association develop in conjunction with all levels of government and policing services a risk assessment protocol, and other measures that may be deemed necessary to protect all lawyers, their families, associates and staff from harm or threat of harm." This resolution followed upon concerns raised by the public release of a threat made to a Toronto lawyer, which subsequently resulted in his decision to quit a high profile case. OBA President Johnathan Speigel has raised the alarm that public access to justice must not be compromised because lawyers are forced to withdraw from representation for fear of their safety. At the December meeting of the CBABC Provincial Council, similar concerns were expressed.

In 1978, when I was called to the bar, the former Vancouver Courthouse had little in the way of need for security for judges. Judges Chambers were readily accessible to the public. Those days are now long gone. Access to judges is now restricted and overall Courthouse security has increased dramatically. In British Columbia, in recent years, there have been a number of physical attacks on lawyers that have resulted in serious injury. Any physical or verbal threat to lawyers' safety is a serious concern, both for Crown and private bar lawyers.

Robert C. Brun President 2003/2004 B.C. Branch, Canad ian Bar Association

In my view the time may have now come for a careful assessment of the security needs of lawyers, not only while in court but throughout the process. As a first step there is a need to have a better understanding of the current situation. To this end I would ask members to advise the CBABC of personal stories or anecdotal evidence of situations where they, their families or staff were, or perceived themselves to be, in harm's way. Obviously, any such disclosure must not contain confidential client information. This information can then be reviewed by the CBABC to determine what action, if any, is required to be taken. As I have said in the past, we are privileged to be able to practise law in British Columbia. The CBABC will continue to work to make sure that we can exercise this privilege in safety. â&#x20AC;˘

CBA Financial RRSPs Now Available CBA Financial offers members a new way to save for retirement. Through its newlylaunched RRSP, the CBAF product offers: lower than retail investment management fees; institutional fund managers; brand-name fund February

2004

managers; quick and easy enrolment; and secure online personal account access. For full details and how to contact your local CBIA rep, visit www.barfinancial.com â&#x20AC;˘ 3

New Agreement Will Assist Land Title E-Filing The Law Society of B.C. has signed an agreement with the provincial government to provide certification services that will permit lawyers to file real estate transactions online. "This is a significant, concrete step towards the implementation of the Electronic Filing System for B.C.'s land title system," said Hon. Stan Hagen, Minister of Sustainable Resource Management. "It will benefit British Columbians by providing the professionals they hire equal access to the land title system no matter where they do business." Under the agreement, the Law Society, using its innovative Juricertâ&#x201E;˘ secure registration and authentication system, will provide online verification of lawyers' electronic signatures and professional status. This verification is an integral part of the Electronic Filing System, which will be in place by April 1, 2004, and will permit lawyers to file many types of land title documents online from anywhere in the province.

Lawyers registered with Juricert will have the necessary software to securely sign electronic land title documents. The documents can then be sent to the Land Title Office's online system that will automatically verify that the document has not been altered and that the lawyer's professional status is valid. "The Law Society has been working with the provincial government for five years to develop a cost-effective, efficient Electronic Filing System for the Land Title Office," said Law Society Executive Director Jim Matkin, QC. "Implementation requires an independent and reliable system for online certification of a lawyer's digital signature and professional status. Juricert will provide that certification without making fundamental changes to conveyancing practice." "The electronic filing system will make land title transfer faster and more effective, and will provide equal access from all parts of the province," Hagen said. "I thank the Law Society for this essential support." â&#x20AC;˘

CBA Outlines Priorities to Justice Minister Increased funding for legal aid, the impact of anti-terrorism laws, solicitor I client confidentiality, and appointments to the Supreme Court of Canada have been identified by CBA President Bill Johnson as four key priorities in a letter to new Justice Minister Irwin Cotler. On legal aid, the CBA has serious concerns about both coverage and provincial/territorial accountability for funding of civil legal aid under the Canada Social Transfer (CST). The CBA has asked the Minister to carve legal aid funding out of the CST and establish a separate Access to Justice Transfer. In light of the spate of laws and government action aimed at addressing security concerns, the CBA is urging the government to undertake an early, comprehensive review of the impact of the anti-terrorism measures. 4

While fully supporting the need to fight organized crime and money laundering, the CBA reaffirmed its position that the public interest is best served by protection of solicitor-client confidentiality. In the letter to the Justice Minister, the CBA indicated its willingness to participate in discussions to redesign regulations for the legal profession with the goal of fully protecting solicitor-client privilege. Expressing disapproval of U.S.-style Congressional hearings for nominees to the Supreme Court of Canada, the CBA would welcome a formalized review process by a system like the advisory committees in the provinces and territories. To read the full text of the letter, please view: www.cba.org/CBA/submissions/pdf/03-55eng.pdf â&#x20AC;˘ BarTalk Vol. 16/No. I

The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting a given area of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.

ADA-VICTORIA Catherine Morris, current Director of Peacemakers Trust and former Executive Director of the Institute for Dispute Resolution, spoke about the role of apologies in conflict resolution. She noted that people in conflict often want nothing more than an apology and discussed the pros and cons and legal consequences of apologizing.

ADMINISTRATIVE LAW-VICTORIA BUSINESS LAW

Shelley Bentley

Shelley Bentley is in private practice at G. Davies & Company.

John Waddell, QC, litigator and softball and hockey coach, delivered a paper on general principles regarding court intervention in the decisions of domestic tribunals and non-profit sporting associations. He noted that the fact that the majority of sports organizations are run by volunteers makes them particularly susceptible to decision-making infused with emotion and promotion of self-interest. The most common areas where disputes arise are: •

Thegrantingorwithdrawalofmembership;

•

The disciplining of members or participants;

•

Mobility of members within and between organizations; and

•

Governance issues at the executive level of the organization.

He noted that courts are reluctant to intervene in the decision-making of sports organizations and other private bodies and will only do so if it has exceeded its jurisdiction, failed to comply with the rules of natural justice or acted in bad faith. In particular, courts will generally not define terms in the rules of a private body and is primarily concerned with process. However, Mr. Waddell said inroads have been made in recent years. Courts have shown a greater willingness to concern themselves with the decisions of some "private" bodies, either on the basis that express or implied contractual rights or obligations have been breached or where a member's livelihood is at stake.

Tax lawyer, Joel Nitikman, presented 10 tax tips for solicitors. He discussed: •

New tax rules for restrictive covenants;

•

The law surrounding when a "disposition" occurs;

•

New restrictions on interest deductibility and other losses;

•

Section 85(1)(e.2) of the Income Tax Act regarding fair market value determinations where shareholders transfer property to corporations;

•

Taxation of stock options;

•

Effect of shareholder agreements on control;

•

Negative ACB rules for partnerships;

•

New NRT /FIE rules;

•

Vertical amalgamations-disposition trap; and

•

New rules for qualified dispositions to trusts.

FAMILY LAW-VANCOUVER Dinyar Marzban led a discussion on some recent developments surrounding section 9 of the Continued over

February

2004

Sedion Talk

Section Talk Continued from page 5

Two Recent CBA Submissions Impaired driving: The CBA has cautioned the Department of Justice that, at th is stage, adding detection of drugs to the impaired driving scheme in the Criminal

Code is not a good idea. In its December 2003 subm ission, the CBA warned that technology is still too unreliable for the addition of drugs to be constitutional.

Federal Child Support Guidelines. Under section 9 parents who have a shared custody arrangement may apply for exclusion from the regular Guideline child support amounts. This provision is premised on the theory that a shared custody arrangement will have increased overall costs for both parents as a result of duplication so requiring payment of the base Guideline amount is unfair. Mr. Marzban described the four basic formulas used in determining support quantum in shared custody arrangements outlined by Mr. Justice Romilly in the C.R.H.E. v. F.G.E. , 2003 BCSC 1401: straight set-off; pro-rated set off; straight prorated; and pro-rate multiplier. Justice Romilly noted that regardless of which formula a court decides to use, these factors should be considered: •

The purpose behind the variation of the child support under s. 9;

•

The cliff effect or sudden drop in income of the custodial parent as the access parent crosses the threshold between 39 per cent and 40 per cent access;

•

The fact that variation is more readily justified if the access parent has less means than the custodial parent and would have difficulty in meeting increased expenses occasioned by greater access; and

•

The Courtmustnotgiveundueweight to the amounts set out in the applicable tables for each of the spouses without giving sufficient consideration to the increased costs of shared custody and the condition, means, needs and circumstances of each spouse.

Intermittent sentencing; Electronic access to court records: The CBA is preparing a response to a federal government discussion paper on changes to intermittent sentencing and to a Canadian Judicial Council discussion paper on electron ic access to court records.

IMMIGRATION LAW Representatives from Customs and Immigration Canada discussed the new permanent resident card requirement for resident non-Canadian citizens re-entering Canada commencing in 2004. They shared details about the operation of the processing center and commented on the reasons for the 30 per cent return rate for applications.

WILLS &TRUSTS-OKANAGAN AND FAMILY LAW-OKANAGAN (JOINT MEETING) Dinyar Marzban gave a paper on "Family Law Considerations in Structuring Trusts and Other Estate Plans" focusing on settling trusts to protect assets from spouses of beneficiaries. In particular, he commented on the recent use of section 68 of the Family Relations Act regarding postnuptial settlements and the cases of Grahame v. Grahame (2002, BCSC) and EJR v. KDA (2002 BCSC). In Grahame the BCSC held that in order to qualify as a postnuptial settlement the trust settled after marriage by the parents of one of the spouses had to have some causal connection to the marriage in the sense that the { benefit conferred by the trust on a spouse should be conferred " ... in his or her character as a spouse, and with reference to the marriage." Mr. Marzban commented that the Court adopted a less restrictive definition in EJR v. KDA and held that section 68 "does not preclude a determination that a 'settlement' may include a deed or other form of transfer of ownership that has the effect of depriving one spouse of property to which he or she might otherwise be entitled." Mr. Marzban noted the limited jurisprudence dealing with s. 68 and the unpredictability of its application. In trying to avoid its application he warned against including a spouse as • a beneficiary when drafting a trust.

New CBABC Section: Employment Law Created in December, this Section focuses on law related to non-unionized employment, e.g., employment contracts, wrongful dismissal, human rights, WCB issues, privacy issues and, 6

perhaps, employment immigration. More than 120 members have enrolled. Contact the CBABC to participate in this new Section. The enrolment fee is $12 plus GST. Register today! • BarTalk Vo l. 16/No . I

Change Management How to magically transform your practice

You got some power in your corner now Some heavy ammunition in your camp You got some punch, pizazz, yahoo and how See all you gotta do is rub that lamp...

Music by Alan Menken, lyrics by Howard Ashman, sung by Robin ("The Genie") Williams

David

Bilinsky

J. Bilinsky is the Practice Management Advisor at the Law Society of British Columbia. He can be reached on the Internet at dbilinsky@lsbc.org.

The views expressed herein

s we all know from another passing of our latest New Year's resolutions, desiring change is one thing; effectively implementing it is entirely another. Yet there is a whole area of study devoted to implementing change- that can take us from setting a vision to evaluation of results. Whether we are implementing a new accounting system, a new marketing program, even a new way of recording billable time- there are tried and true ways of maximizing our chances of success. Let us look at ways to get the genie out of the bottle and working for you:

are strictly those of the author and may not be shared by the Law Society of British Columbia.

Vision: Stephen Covey advises "Begin with the end in mind." In our context, this means having a clear vision of what your practice looks like with all aspects of the change fully implemented. Often the most important part to be played by a leader in any change situation is communicating the vision of the benefits of the change for the organization and thereby assisting people to achieve their own sense of the role that they play in the overall picture and how they stand to benefit.

Integration and influences: Be sure to consid-

er how your desired change fits within the overall mission of your practice. Is your desired change central to how you carry on business? Or is it more peripheral? Is it transformational or incremental? This helps determine the scope and impact of your proposed change. What other influences will your practice be subject to during the change? SWOT: Undertake a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats) to provide you with an analysis of your current situation and how your proposed change will be impacted, both positively and negatively, by these. Goals: Write down the specific goals of your plan. Outline how the change helps meet the mission of your practice and how it will take advantage of opportunities and ward off threats. Anticipate how to guard against weaknesses. Goals should be SMARTER:

•

Specific (e.g., increase our construction client base by 30 per cent);

•

Measurable (you have the determine actual progress);

•

Acceptable (those involved with execution find the goals acceptable);

•

Realistic (those involved with execution agree thatthe goals are achievable within the established time frame);

•

Time frame (the goals have a realistic time frame for completion);

•

Extending (goal achievement should allow

Champion: Every successful change project

needs a champion who magically steers the project around dangerous shoals and rough waters and who watches out for the interests of the project at all times. This role is perhaps the most important of all - securing an advocate with top-level support for the project to ensure its ultimate success. February

2004

means

Continued over 7

Practice Talk

Practice Talk Continued from page 7

those involved to extend their skills); and â&#x20AC;˘

Il l LAP

Lawyers Assistance Program

Rewarding (there is some reward for success).

Strategies: Strategies are specific, concrete steps to be taken to reach your goals. Often, the most creative part of any change implementation is coming up with creative strategies to encourage the desired behaviours (and discourage passive-aggressive and sabotaging behaviours). The Internet can be a great source for innovative strategies for specific situations.

LAP provides confidential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem.

For assistance or information on meetings and resources please call 604-685-2171 or toll free 1-888-685-2171 .

The LAP office address is 415-1080 Main land Street, Vancouver, B.C. V6B 2T4.

Visit LAP on the Internet at www.lapbc.com

Objectives: It is said that if you don't know where you are going, any road will take you there. Every successful change project requires measurable, achievable objectives that allow everyone to assess progress towards your goals. Furthermore, objectives should have associated timelines that not only determine what must be achieved but also by when. Resources: Ensure that all required resources are identified and commitments are secured for their provision (i.e., budgets are established, human resources requirements are secured, etc.) Assign Responsibility: Objectives are not usually achieved without the assignment of personal responsibility together with a procedure in place that regularly reviews each person's progress toward his or her objectives. Deadlines are important to ensure that all parts of the plan progress to the ultimate objective. Goal attainment should be formally acknowledged i.e., 'sign-off' should be part of the process. Vitally important and related to the assignment of responsibility is involving the right

people. Assigning responsibility to someone who may engage in passive-aggressive behaviours for the purposes of undercutting an objective may result in the ultimate failure of the project. Communicate: Your written plan document should be distributed to all persons who are stakeholders in the process. This ensures that there are no misunderstandings and that parties can see their role in the overall scheme. Completion: It is important that you formally declare that your objectives have been met and that your goal(s) have been obtained. This ensures that all parties realize that you have met your objectives and that the desired change was achieved. Celebrate: Often, the efforts and hardships that persons have undergone to achieve success are never recognized or rewarded. By celebrating success, you take the opportunity to formally thank all those who dug in and helped the project and you positively reinforce that your practice rewards extra effort. Missing this step can breed apathy and scepticismwhich in turn can negatively impact your next project. Evaluate: Look back at the entire planning process and evaluate what you have learned. Write this down to ensure that you have captured the accumulated knowledge of the process and your organization's learning that occurred as a result of going through the process. This allows you to approach your next change project a little wiser than you were before.

While Aladdin may have rubbed lamps, today we can fall back on the genie of knowledge to grant us the power to achieve the changes that we desire in our practices. â&#x20AC;˘

Donate Your Old Pentiums For Reuse Upgrading? If you'd like those old Pentium systems to do some good, consider letting "Computers for Cuba" send them to Cuba, for use

in schools, hospitals, museums, cultural institutes, etc. Contact Sheila Delany at 604-3246037 or sdelany@sfu.ca regarding delivery or pickup. â&#x20AC;˘

BarTalk Vol. 16/No. I

Additional detail on the Legislative Update can be found in the online issue of the February BarTalk, posted at www.bccba.org.

January 1, 2004 See Regulations to Note

•

ACTS IN FORCE

British Columbia Railway (Revitalization) Amendment Act, 2003, s.B.C. 2003, c. 91 (Bill 89)

Degree Authorization Act, s .B.C. 2002, c. 24 (Bill15) Summary: Section 1 creates definitions of

Every effort is made to en-

Community Charter, s.B.C. 2003, c. 26

su re t he accuracy of the inf-

(Bill14)

"consent," "degree" and "minister." The Act does not apply, by section 2 (1) (a) to (e) and (g) to (i) and section 2 (2) to specified post-secondary institutions. Section 3 permits granting of degrees and restricts the use of "university." Section 4 sets out matters requiring the consent of the Minister. Section 5 permits suspension or revocation of consent for persons who fail to comply w ith the Act. Section 6 authorizes the Minister to appoint inspectors. Section 7 details offences and penalties for violation of the Act. Section 8 permits the Act to be enforced by court injunction. Section 9 permits regulations to be made. Section 15 is a consequential amendment to the Private Post-Secondary Education Act. Section 16 is a consequential amendment to the University Act.

Summary: Bill14 creates a new order for municipal government by amending, and in some cases increasing, municipal powers.

In Force: Sections 1, 2 (1) (a) to (e) and (g) to (i), 2 (2), 3 to 9, 15 and 16 are in force November 7, 2003.

In Force: Act in force January 1, 2004

See Regulations to Note

Summary: Bill 89 amends the British Columbia

Stuart Rennie

Railway Act, including to permit the B.C. Railway Company, any of its subsidiaries and B.C. Rail Partnership to provide rail service over the Company's railway lines without an obligation to provide such service. In Force: Act, except section 2, in force December 19,2003

St uart Rennie is t he CBABC Legislatio n & Law Refo rm O ffi cer. He can be reached

See Regulations to Note, British Columbia Railway Act

at 604-949- 1490 (e-mail

•

s renn ie@bccba.org).

o rmation provided to you in th is article but the information should not be relied upon. Lawyers shou ld refer t o t he specific legislative or regulatory provisio n. You w ill see a reference in some cases to t he num ber of the Bill when it was introduced in t he House. Th is number may be different from t he chapter number of t he new Act which is quoted after t he t it le of t he Act and which is t he proper citation fo r the Act. The Bill Number has been given to you to make it easier for you to

See Regulations to Note

• Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, S.B.C. 2003, c. 52 (Bill 76) Summary: Bill 76 makes consequential amendments to 100 statutes and other amendments to the Community Charter.

note up the Bills you may have in your li brary.

February

2004

In Force: Act, except the provisions referred to in section 550 (2) to (5) and (7) to (9) in force

• Forest (Revitalization) Amendment Act, S.B.C. 2003, c. 30 (Bill29) :

Summary: Sections 1 to 6, section 7 (a), (b) and

(c), section 8, section 9 except the portion that enacts section 54.8 (2) of the Forest Act, section 11, sections 13-16 amend the Forest Act, including amendments regarding consolidation and subdivision of forest licences, tree farm licences, pulpwood agreements and transfer requirements. Continued over

Legislative Update

Legislative Update Continued from page 9

In Force: Sections 1 to 6, 7 (c), 8, 12 (a), 13, 14, and 16 are in force November 4, 2003. Section 7 (a) and (b), section 9 except the portion that enacts section 54.8 (2) of the Forest Act and sections 11 and 15 are in force November 4, 2003

• Forest (Revitalization) Amendment Act (No. 2), 2003, S.B.C. 2003, c. 31 (Bill 45) Summary: See "In Force" below In Force: The following sections amend the

Forest Act: sections 1 (d), 4, 5, 19, 20,22 (a) to (c), 25, 26, 30, 33, 34, 44 (a), (c) and (e), 49, 55 to 58, 60, 62 to 67, 74, 75, 76 and 85 are in force November 4, 2003; sections 2, 31, 54 and 68 are in force November 4, 2003; section 10, the part of section 14 that repeals section 24 of the Forest Act, and sections 15 to 18, 39, 41,44 (b) and (d), 45, 46, 61, 69 to 73 and 77 are in force March 31, 2004; sections 1 (a), (b), (c) and (e), 3, 8, 9, 11, 13, 21, 22 (d), 27, 28, 29, 32, 35 to 38, 40, 42, 43, 47, 48, 50 to 53, 59 and 78 are in force December 31, 2003. Section 79 to 82 are consequential amendments and are in force November 4, 2003. The part of section 14 that repeals section 23 of the Forest Act is in force December 31, 2003 See Regulations to Note, Forest Act

• Forests Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 56 (Bill44) Summary: Sections 3, 4, 6, 8, 10 (a), and sec-

tions 14 to 17 amend the Forest Act. Section 3 amends the provision regarding marking with marine log brand. Section 4 ·adds a new provision prohibiting persons from misrepresenting that they have authority to scale timber. Sections 6, 8 and 10(a) clarify and amend provisions respecting road permits. Section 14 makes amendments respecting penalties and offences. Section 15 prohibits intimidation, threats and other actions for improper purposes regarding applying for agreements under 10

Part 3 (Disposition of Timber by the Government). Section 16 makes amendments to defences and penalties. Sections 17, 18 and sections 20 to 26 amend the Forest Practices Code of British Columbia Act. Section 17 corrects a cross reference error. Section 18 clarifies that information must be submitted to the district manager as soon as practicable. Section 20 clarifies provisions regarding free growing stands. Section 21 expands the circumstances when government may fund significant extra expenses or waive obligations under the Act. Section 22 expands the definition of "party." Section 23 adds a new 176(2) to the Act to delineate the situations in which the Forest Practices Board may treat additional persons as being a "party." Section 24 permits the Forest Practices Board, where an audit or investigation includes more than one specified party, to report its overall conclusions without reporting on compliance by each party. Section 25 increases regulation-making powers for roads. Section 26 permits the Lieutenant Governor in Council to rely on a written notice from the Minister that the specified requirements regarding pilot projects have been fulfilled. Sections 28 to 30 amend the Range Act. Section 28 makes amendments regarding offences, defences and penalties. Section 29 clarifies that the administrative penalty provisions of the Forest and Range Practices Act apply to violations of the Range Act. Section 30 permits regulations to be made. In Force: Sections 3, 4, 6, 8, 10 (a), 14 to 18, 20 to 26 and 28 to 30 are in force December 12, 2003

See Regulations to Note, Forest Act and Forest Practices Code of British Columbia Act

• Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57 (Bill62) Summary: Sections 1, 2, 4, 5, 8 to 10, 16, 31 to 33 and 39 to 41 amend the Health Professions Amendment Act. Section 1 repeals an unneeded provision. Section 2 permits a designated college to regulate more than one class of registrant and more than one type of health professional. Section 4 increases the financial powers of the colleges. Section 5 clarifies the mandate of a college. Section 8 creates a new BarTalk Vol. 16/No. I

Legislative Update

provision to expand the powers of the Minister. Section 9 increases the bylaw making powers of boards. Section 10 clarifies that a board is limited to performing those things specified under the Act. Section 16 repeals an unneeded provision. Section 31 allows a board to authorize its registrar to act for it under the Act. Section 32 permits a college board to revoke the permit of a corporation if the acts or omissions of officers, employees or agents of the corporation constitute professional misconduct. Section 33 requires the government to give a college three month' s notice before specified regulations are made. Section 39 permits specified regulations to be made. Section 40 is a transitional provision regarding the interpretation of bodies, rules, regulations and bylaws. Section 41 is a transitional provision regarding regulations. In Force: Sections 1, 2, 4, 5, 8 to 10, 16, 31 to 33 and 39 to 41 are in force December 12, 2003.

• Land Title Amendment Act, 1999, S.B.C. 1999, c. 35 (Bill 93) Summary: Bill 93 provides for the filing of ap-

plications, instruments and other documents in electronic format and the certification of subscribers to sign and transmit those documents to the Land Title Office.

sions of the Residential Tenancy Act, R.S.B.C. 1996, c. 406 that applied to tenancies of manufactured home sites. In Force: Act in force January 1, 2004

•

B.C. Offshore: Problems and Potentialities

See also Acts in Force

â&#x20AC;˘ Municipalities Enabling And Validating (No.3) Amendment Act, 2003, S.B.C. 2003, c. 97 (Bill 97) BarTalk Vol. 16/No. I

( j

Legislative Update Summary: Bill 95 amends the Municipalities

Enabling and Validating Act (No. 3) . Despite the provisions of the Local Government Act respecting a municipality's authority to incur liabilities, Bill 96 confirms and validates ice rink partnership agreements between the District of North Vancouver and other corporations. Bill 97 is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

In Force: On Royal Assent December 2, 2003

• Significant Projects Streamlining Act, s.B.C. 2003, c. 100 (Bill 75) Summary: Bill 75 permits the Lieutenant Governor in Council to designate a project as a provincially significant project. In Force: On Royal Assent December 2, 2003

•

In Force: On Royal Assent December 2, 2003

• Parks and Protected Areas Statutes Amendment Act, 2003, s.B.C. 2003, c. 98 (Bill84) Summary: Bill84 amends the Park Act including to: permit the Minister to issue park use permits for resort and tourism development and permit petroleum and natural gas exploration and extraction in parks and recreation areas. Bill 84 also amends the Protected Areas of British Columbia Act to repeal and replace the legal descriptions for the following parks: Inkaneep Park, Rubyrock Lake Park, Spatsizi Plateau, Wilderness Park, Omineca Park, Graham-Laurier Park, Pine Le Moray Park and Tunkwa Park. In Force: On Royal Assent December 2, 2003 except for section 4 (b) and (c)(Protected Areas of British Columbia Act for Omineca Park and Graham-Laurier Park) which come into force by regulation

• Railway and Ferries Bargaining Assistance Amendment Act, 2003, s.B.C. 2003, c. 99 (Bill 95) Summary: Bill 95 amends the Railway and Fer-

ries Bargaining Assistance Act to add a definition of "Code" to refer to the Labour Relations Code and to update references. The Railway and Ferries Bargaining Assistance Act permits the government to impose a 90-day cooling off period if it determines that a disruption of ferry services threatens the economy or well-being of British Columbians. February

2004

Supply Act, 2003-2004, (Supplementary Estimates, No. 2) S.B.C. 2003, c. 101

Call for Nominations: National Standing Committees The CBA seeks candidates for its National Standing

(Bill98)

Committees for 2004/2005.

Summary: Bill 98 authorizes the payment of monies to supply for the operation of government programs for the 2003-04 fiscal year.

to apply for positions on

All CBA members are eligible

the following committees:

Awards

In Force: On Royal Assent December 2, 2003

Communications Continuing Legal

•

Education • Equality

(Amendment to Bill 73) may be repealed by regulation. Section 86 (Confirmation and validation of B.C. Reg. 411/95 (Classification of Land as a Farm Regulation) is deemed to have come into force on September 29, 1995 and is retroactive.

• Ethics and Professional Issues International Development Judicial Compensation and Benefits Legal Aid Liaison

•

• Legislation and Law Reform

Timber Licences Settlement Act,

• Pro Bono

S.B.C. 2003, c. 102 (Bill 96)

• Resolutions, Constitution and Bylaws

Summary: Bill 96 clarifies the application of

amendments which phased out the royalty system of payments. Those amendments were made by the Forest Amendment Act, 1995, S.B.C. 1995, c. 24 to the Forest Act. Bill 96 provides, among other things, that: nothing in the Forest Amendment Act, 1995 or Bill 96 gives rise to a claim for compensation or damages and no legal action may be brought against the government as a result of these amendments. Specified sections of Bill 96 are deemed to have come into force on April1, 1995 and are retroactive.

Supreme Co urt of Canada Liaison

For information and an appl ication form visit the home page of the CBABC Web site (www.bccba.org) or contact Joanna Federici at the CBABC. The deadline for applications is noon, Thursday, April 15, 2004.

In Force: On Royal Assent December 2, 2003

Continued over 17

Legislative Update

Legislative Update Continued from page I 7

• Wildfire Act (Bill 91) (First Reading Novem-

Practice Directions The Chief Judge of the Provincial Cou rt of B.C. issued two new Practice Directions dated November 25, 2003 relating to t he C riminal Caseflow Management Rules - Arraignme nt Hearings and El ections. They can be accessed th rough the Provincial Court Web site: www.provinc ialco urt .bc.ca.

ber 24, 2003) Summary: Bill 91 is an exposure bill and cre-

ates a new statute regarding wildfire matters. Bill 91 includes existing provisions of the Forest Practices Code of British Columbia. In Force: By regulation REPORTS AVAILABLE

Consultation and Review of the Freedom of Information and Protection of Privacy Act (December 2003) . Public hearings and written submissions to government by February 27, 2004. Source: Legislative Assembly Special Committee. Available at: www.legis.gov.bc.ca/ cmt/37thparl/ session-4/ foil index.htm.

Deregulation Project Quarterly Progress Report (7th To Date) (November 2003) Source: Minister of State For Deregulation. Available at: www.deregulation.gov .bc.ca/ reports / September03 /DEREG_nov10.pdf. Information and Privacy Commissioner Request For Comment on the Application of the Personal Information Protection Act, S.B.C. 2003, c. 63 (Bill 38). (November 2003) Source: Information and Privacy Commissioner. Available at: www.oipcbc.org/ . Report on Teacher Collective Bargaining (November 2003). Source: Ministry of Skills Development and Labour. Available at: www.labour.gov.bc.ca/teacher-bargaining/ welcome.htm. Standards of Conduct for Practice and Procedure for Lay Advocates before the Workers' Compensation Board of British Columbia (WCB) (November 2003). Source: WCB. Available at: www.worksafebc.com/publications/ how _ to _ work _ with _ the _ wcb/ standards_of_conduct/pub_30_10_10.asp . •

Busy New Westminster Bar Hosts Two Events The New Westminster Bar Association held its annual Christmas Party at La Rustica restaurant in New Westminster on December 12. The event featured good company, great food, dancing and door prizes, including a wonderful overnight package donated by the Four Seasons Hotel, won by Herman Cheung of Goodwin & Mark. On January 20, the annual Judges' Clockwise from left front: Roy Swartzburg, Kerri Duncan, Jim Dinner was held at the Sheraton Dunne, Janet Dickie, Craig Giles, and Richard Garneau Guildford Hotel. More than one hundred lawyers attended to hear Mr. Justice Justice Kelleher and Judges Peder Gulbransen Lance Bernard and Judge Ron Caryer describe and Rory Walters also entertained with stories the perils of being pulled under the bench with of their experiences. The annual event is spontheir robes caught in the wheels of their chairs. sored by the NWBA to welcome all newly apNew Justice Eric Rice, 2001-2002 National pointed judges who practised in Westminster CBA President, regaled the group with his County or who will sit in the Lower Mainland . views of how deserving Justices Lance Bernard and Stephen Kelleher were of appointment.

•

BarTalk Vo l. 16/No. I

B.C.'s New Deputy Attorney General Interview with Allan Seckel, QC On behalf of BarTalk readers, we asked Deputy Attorney General Allan Seckel, QC to answer a few questions, now that he's had nine months in h is new position. For a brief biography of Mr. Seckel, see www.bcjusticereview.org. What made you say 'yes'?

Allan Seckel, QC

Deputy Attorney General

There were a number of reasons, and it's hard to single one out over another. In part I saw an opportunity to take on a new challenge that could engage a number of my interests. The position of Deputy Attorney General allows me to be involved in law reform, public policy and administration and still be legal counsel. I also have a strong commitment to public service and the position gives me a chance to make a contribution in that area as well. What makes you a good 'fit' for the job?

My interest in both law and administration is at least part of the answer to that question. I can also say that I am really enjoying the many challenges of the job and especially the opportunity to work with many other dedicated and committed professionals in the public service. What's been the biggest challenge so far?

The volume of information that funnels through the office of the Deputy Attorney General is incredible. It's much more than I could have imagined before I started. So managing the flow of issues is quite a challenge. I have also spent a lot of time trying to connect with many of the people who make up the Ministry and the justice system in B.C. It's a very large group made up of many talented professionals with a decided viewpoint on how the justice system should operate. Trying to accom-

February

2004

modate all of the perspectives and still achieve anything is a big challenge. Another challenge is trying to encourage ongoing thinking about innovative ways to improve the justice system other than by just spending more time and money doing more of the things we already do. What are your current priorities?

The Ministry has a number of functions, and I have priorities aligned to each of the functions . As the legal advisor to government, I want to ensure that the Ministry continues to improve the quality of advice and service it provides to its 'clients.' Internal surveys across government already rate this very highly, but I have learned that government lawyers are motivated to make continuous improvement in this regard, and I want to help with that process in any way that I can. I also want to assist the Ministry, in its role as a centre of law reform, by improving the justice system to make it more fair, accountable, affordable, accessible, and efficient. And in terms of administration of the courts, I want the Ministry to work with the Judiciary to ensure that our courts operate effectively, affordably and in a manner that is accountable to the public, all the while preserving and protecting the independence of the judiciary to decide cases fairly and impartially. What do you want your legacy to be?

I think my priorities give a sense of some of what I would like to accomplish and when I am no longer the Deputy Attorney General, I would like people to say that I added value while in the role and inspired others to reach their own professional goals. â&#x20AC;˘

Guest Column

Make Your Resolutions Reality The secret to making goals stick

Maureen F. Fitzgerald

Maureen F. Fitzgerald is a

ach year we make new resolutions, yet within a matter of weeks they have fallen by the wayside. Why don't they stick? The answer is often because they are too small. Many are really tasks that simply get added to a to-do list. Many do not fit within the larger objectives that you have set and some are inconsistent with your other goals.

lawyer and the author of the book Mission Possible -

Creating a Mission for Work and Ufe, now available in bookstores. She will speak in

I would like to share some tips from my new book Mission Possible - Creating a Mission for Work and Life (Quinn Publishing, 2003), to guarantee that your goals stick.

Vancouver at the Wellness Show on February IS'" (www.thewellnessshow.com). For more information, e-mail info@thefitzgeraldgroup.ca

1. Define your destination or personal vision. Visualize where you want to be in the future. This is your ideal life or your personal definition of success. Describe your ideal day. See it as a wonderful place that is just on the horizon. Sense how it would feel to be there. Smell it, taste it, hear it. What do you see yourself doing? Where are you living? How do you feel? From this write out a vision statement, share it with those close to you and read it every day. The more conscious you are of what you want, the more likely it will happen. 2. Identify your unique capabilities and strengths. Identify how you are unique. Avoid simply listing an inventory of skills and abilities. Look at your particular assets and approaches and allow your uniqueness to surface. Think of a metaphor that describes you. Are you a tree? A boat? Tarzan? What does this metaphor say about who you are and how you work? Is it rigid or flexible? Is it capable of growth and change? Draw it on paper and you will discover hidden thoughts you have about yourself- both positive and negative. 3. Develop your own mission statement. Write your own mission statement describing what you want to accomplish in order to achieve your vision. This will give clarity and direction to your life and work. To develop your mission, ask yourself: What action do I want to take? Who is my audience? and What

change do I want to bring to my audience? Write your mission down and tell others about it. Revise it over the following months. 4. Set meaningful and measurable goals. Goals bring life to your mission. They describe the specific way in which you will achieve your mission. In order to set your goals, first list the ways in which you could achieve your mission. These possibilities could include working at your current job, becoming a consultant, teaching, selling and so on. Then for each possibility do a SWOT analysis. This means assessing your strengths, weaknesses, opportunities and threats. This will result in a personal portfolio of goals. 5. Take Action. In order to take action, you must have confidence. You must make a conscious decision to be successful and begin living your vision and mission. Surround yourself with people who support you. Adopt positive attitudes and challenge any negative thoughts you might have that are preventing you from being successful. Have courage in the face of setbacks. Stay focused and live consciously toward the realization of your dreams. â&#x20AC;˘

Nanaimo Lawyer to be CBA 2"dVP J. Parker MacCarthy, QC, of Nanaimo, will be acclaimed National Second Vice-President of the CBA at the Mid-Winter Meeting of Council in February. He will become CBA president in August 2006. Please see Mr. MacCarthy's biography: at ww.cba.org/CBA/ news. â&#x20AC;˘

J. Parker MacCarthy, QC will become CBA president in August 2006

BarTalk Vol. 16/No. I

Law Week is April12-17, 2004 (~

Diversity: Celebrating Your Right To Be Unique aw Day celebrates the anniversary of the Charter of Rights and Freedoms, each year with a different theme the 2004 theme is "Diversity: Celebrating Your Right To Be Unique." In B.C., Law Day has expanded to a full week of events celebrated throughout B.C. Events are often organized by lawyers in their local communities, e.g., a mock trial competition will be held in Victoria. New this year is a Law Week Sk Fun Run / Walk and a new venue for the Law Week Open House in Vancouver. Volunteers are needed for the Open House, the Sk Fun Run/Walk, and the Dial-A-Lawyer Program. To lend a hand, please e-mail cba@bccba.org with the subject "Law Week Volunteer" or call Rose Fabbro at 604-6873404, ext. 313 or toll free 1-888-687-3404.

OPEN HOUSE The Law Week Open House in Vancouver has a new venue! It will be held at the Vancouver Law Courts on Saturday, April 17 between 10 a.m. and 2:00p.m., with keynote speakers stepping up to the podium at 12:00 noon. Members of the public and the profession are invited to view the following: •

two citizenship ceremonies;

•

mock trials performed by students in the courtrooms;

take place at UBC on April 4 at 9:00 a.m . The entry fee is $20 per person (children 14 and under may enter for free). The event is stroller and wheelchair accessible. No pets please. See the related insert in this issue and register today!

DIAL-A-LAWYER PROGRAM The CBA will hold its province-wide "Dial-ALawyer" program on April 17 between 11:00 a.m. and 3:00 p.m. During that time, members of the public are invited to call the Dial-A-Lawyer numbers to speak with a lawyer about alegal problem for up to 15 minutes. The Dial-ALawyer numbers are 604-687-3221 in the Lower Mainland, and toll free in B.C. 1-800663-1919 .

STUDENT MENTOR PROGRAM This program has been successful for many years, due to strong support from CBA members. The program matches students with lawyers for a half-day in the lawyer's workplace. In response to expressed interest, students in Nanaimo were able to take part in the program for the first time last year. That involvement will continue this year as students in both Nanaimo and the Lower Mainland will have the opportunity to explore law as a career option.

PROVINCE-WIDE YOUTH CONTESTS

•

displays providing information and activities to educate the public about the justice system; and

•

the B.C.-wide CBA public speaking contest.

An open house schedule will be posted at www.bccba.org by April2.

SK FUN RUN/WALK Join us for the CBA's first annual Law Week 2004 Sk Fun Run/Walk. This family event will Fe b ruary 2004

Public Speaking: The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in Law 12 classes throughout B.C. The speeches will reflect the impact of the law on the life of all Canadians. The contest will be held at the Open House at the Vancouver Law Courts on April17. Interested parties are welcome to listen to the speeches. Photo and Short Story: These two contests are open to students throughout B.C. This year students will focus on topics stemming from the broad theme of diversity. The winning stories will be published on the CBABC Web site • once the winners have been selected. 2 1

Executive Director's Column

It's A New Year! Something for you and your practice

Frank Kraemer

Executive Director

t's a new year and time to think about doing new things, both for yourself and your practice. In this column, I would like to outline more information for you about the new CBA RRSP plan and information to help you and your firm plan for and deal with potential disasters.

year we have witnessed events such as the SARS outbreak, mad cow disease, a massive electrical failure in eastern Canada and the US, extensive forest fires in many parts of B.C. as well as floods. These horrific events that we once thought highly unlikely, now seem to be becoming almost common place.

First, allow me to speak about the RRSP.

In the same way, electrical failure, computer viruses, fires and floods can all cause very serious disruption to your practice. You cannot get a guarantee that a catastrophic event will not occur, but you can take preventive steps to reduce its impact and have a plan that will help you through it.

B.C. Branch, Canadian Bar Association

Once is never enough! If you have changed firms, changed addresses, have a new e-mail address or phone/fax number, you need to let us know. Letting the Law Society in on the secret is not enough!

CBA, together with the Canadian Bar Insurance Association have incorporated CBA Financial Services Corporation. It is through this corporation that financial services will be made available to members. One of the first services to be made available is a registered retirement savings plan. That plan is now available to you as a member, your family and your law firm staff. Existing amounts in RRSPs can be rolled over into the plan and, of course, new contributions can be made. CBA Financial has entered into an arrangement to have the plan managed by Manulife Financial. CBA Financial has been able to negotiate very competitive management fee rates - 1 per cent less than current market rates . There are no front or backend loads or charges for joining or leaving this plan. Manulife Financial is offering a broad range of investments to meet the diverse investment needs and desires of members. Account and investment information and ability to perform transactions are available 24/7 online and members can obtain answers to account, investment and retirement planning questions by phone during the day.

Recently, former National Treasurer Robert Patzeit, General Counsel and Group Risk Manager for Scotia Investments Ltd., delivered an online presentation entitled "Surviving Chaos In Times Of Crisis: Disaster Recovery For Small And Medium Size Law Practices." The presentation provides detailed information on steps to take to prevent disaster and how to develop plans for dealing with it should it occur. The full text of the presentation is available online through Practice Link at www.cba.org. The paper contains many useful suggestions and checklists and is well worth your consideration. Finally, having just entered a new year, I would like to extend to each of you my best wishes for a happy, healthy and prosperous 2004. I look forward to working with you in the coming year. â&#x20AC;˘

Contact us at data@bccba.org, phone 604687-3404 or fax 604-669960 I. (Tall free options: phone 1-888-687-3404 or fax 1-877-669-960 I).

You can enroll in this plan online or through our CBIA representative, Mass & Company Financial Planning Inc. 604-688-8790 or toll free 1-888-477-5630 or at www.masscomm@telus. For further information visit net. www.bccba.org and click on the RRSP link. The second topic I want to cover is law firm disaster planning. As you know, in the last

Lawyer Referral Service

The

Canadian ar Association Wsh Columbia

Lawyers are invited to participate in the Lawyer Referral Service . A reg istration form is posted at www.bccba .org in the Members' Guest Lounge .

For mo re information, ca ll Lorna O'Grady at 604 646-7858 or to ll free 1-888-687-3404, ext 309. Funded by the Law Foundation of B.C. Public service of the Canadian Bar Association , B.C. Bra nch

BarTalk Vol. 16/No. I

Portrait of A Sole Practitioner ~~

Nanaimo's Ted Boe . . . .,_. here are various motivations for becoming a sole practitioner: lifestyle factors; the desire to be your own boss; or perhaps even to fill in the time between jobs at firms.

home he started to think about building an office on his property-now completed.

For Nanaimo lawyer Ted Boe, opening an office at home was a lifestyle choice. "I wanted every night to feel like Friday night and none to feel like Sunday night," he said. His decision to go solo didn't come easily, but rather at the end of a fast and dirty fight with cancer, (Hodgkin's Lymphoma) which he won after rounds of chemotherapy in early 2000. Ted gradually returned to work, cured of the cancer which was attached to his heart and lungs, but by summer found himself unable to work burned out physically and emotionally.

Being a self-described "N anaimo guy" Ted has many local connections. He sent 300 letters with the basic message: "I've beaten cancer and I'm back at work."

While off work during 2001, Ted had time to heal what chemotherapy can't. After almost 20 years as a lawyer, he found himself looking for answers. What did he want from life? He'd survived cancer, but now what? Ted unknowingly followed Toronto psychologist Sharyn Salsberg Ezrin's recommendation: you don't recover from bum out by resting, but "by reconnecting to your world in a meaningful way." Ted enjoys working with people and with youth-he coaches his daughter's high school basketball team. "You've got to step back and analyse your life and determine what makes you happy," he says. "I was always very destination driven, but you have to enjoy the journey. I thought about quitting law and opening a McDonalds," he says. "I love dealing with people, but I wanted to get rid of stress: the overhead, and the rigidity of 9-5 or 8-7. The people who truly love their jobs ... there is often overlap between their work and play." Ted read the helpful book What to Do With a Law Degree. Ted wishes he'd contacted LAP during that time, but he thought LAP was related only to addiction problems, when in fact the range of their assistance is much greater. In January 2003, while working out of his February 2004

Sole practitioner Ted Boe

Connections are key for bringing in business. "The best advertising is doing a good job for people," says Ted. He receives referrals from other lawyers, including a neighbouring solicitor, who also has a home office. "I'm a litigator, so we can send each other files. " Going solo was an eye opener as to how fast time flies. "I thought it would be relatively easy to bill six hours a day, but it's tough to do that," he says. "It's amazing how quickly the days go when you have to do your own accounting too, and remit PST and CST." Ted has a secretary two days a week and he hopes to have a secretary five days a week in future. Ted says he didn't really appreciate the work involved in starting a law office, such as setting up a trust account and dealing with the law society. "But once I was up and running I was surprised at how relatively easy it was." Ted's goals for 2004 are to increase his practice, finish up his office, keep an eye on balance and exercise more. Balance is key- he wants to be busy, but not too busy. "Before you know it, you have more files than you want," he says. When asked what he misses about working in a law firm, he says "If I ever had a problem I could walk across a hallway and pick someone's brain." Then he adds, "Now I have a network of colleagues that I can call." â&#x20AC;˘ 23

Nothing Official

The Four Horsemen of the Apocalypse Office edition

Tony Wilson Tony Wi lson is a Franchise and Intellectual property lawyer at Cawkell Brodie, and has written for the

Globe and Mail, the Vancouver Sun and Macleans

've discovered the modern day version of the Four Horsemen of the Apocalypse. They all waste our time, annoy the hell out of us and combined with reality television and the National Enquirer, more or less signal the collapse of Western Civilization as we know it. They are, in no particular order: (1) Telernarketers; (2) Junk Mail purveyors; (3) Sparnrners; and (4) Purported Nigerian Civil Servants with free millions to give you. Here's a log of my successes and failures with these time bandits, and, thanks in part to Andy Rooney, how I've learned to deal with them.

magazine. His e-mail address is twilson@cawkell.com.

Junk Mail. It's a pariah, isn't it? But it does serve as useful fuel to start the fireplace on a cold day, or as colorful wrapping for fish . Those of us without fish or fireplaces can save the "postage prepaid" envelopes that come with our bills and send their junk mail right back to them. Return Visa's "Wristwatch Blood Pressure Monitor" ads and Mastercard's Toronto restaurant coupons at their expense! After all, it's theirs anyway. And if Visa gets our junk mail flyers or American Express gets our sweepstakes invitations, perhaps someone will get the idea that if we wanted their sales pitch, we'd ask for it. But until then, they can pay to send it to us, pay to get it back, and pay to get rid of it! Telemarketers. Instead of asking telernarketers

for their horne phone numbers so that I can disturb them when they're eating dinner, I ask them to hold on" just for a second ...", then I set the receiver down on the counter and resume eating my dinner (they always phone at dinner, don't they?) until Telus' telltale "beep, beep, beep" signals that the dreaded telernarketer has given up. I'm careful of calls where there's no one at the other end of the line. It's a telemarketing technique where a machine makes the call and notes the time of day when a live person is horne to answer. It's so a "real" telernarketer can call back when he knows a living body is there. In these circumstances, I start hitting my# button seven or eight times to confuse the auto-dialer, making it think it's di24

aled a coke machine or my toaster, thus kicking my number from their system. Spam. I'll admit it. I thought I could beat sparn. I actually sent a sparnrner a response. Thanks to the wonders of "cut and paste," my response said the word "Sparn" ... . oh, about five thousand times. I warne~ them to stop or I'd taunt them again. My wife told me it was a silly idea, and it was. I now get 15 sparn messages a day from digital cable hucksters, Viagra racketeers, penile enlargement surgeons, drug dealers selling Phenterrnine and, if you can believe it, sparnrners selling anti-sparn software. These sparnrners are as relentless and as numerous as Tolkien' s Orks. They run rings around my anti-sparn filter by quoting poetry in the subject line, using a "$" instead of an "S," and adopting harmless names like Shawna Hall instead of 44hqornx@yahoo.corn. Apparently you can report sparn activity to a "sparn cop," which reports the sparnrner to the domain, but after my failed brush with revenge, I am at a loss as to what to do. I may get doubly sparnrned. New anti-sparn laws and an award of $5.4 million U.S. against a "bulk faxer" gives me comfort that their doom may be imminent. May the fleas of a thousand camels infest their armpits. Better yet, I wish them and their domains many viruses in the new year. Alleged Nigerian Civil Servants. Is it safe to say that nobody in their right mind believes that an ex-civil servant in Nigeria is prepared to pay me $300,000 for my bank account number for a week so that he can get $1,000,000 out of the country safely? How does a Nigerian civil servant earn $1,000,000, when the Canadian Prime Minister receives around $150,000 per year? Sure they're all scams, but don't they know that we know they're all scams? Tell you what. As part of my research, I think I'll reply to one of these and play it out to the bitter end just to see what happens. At best, I'll make $300,000. At worst, maybe I'll have an address to forward the junk mail and the sparn to.

I'll let you know.

â&#x20AC;˘

BarTalk Vol. 16/No. I

Web Column

2004 Lawyers Directory Your online resource

he CBABC launched a new Online Lawyers Directory on January 15, 2004. The Online Lawyers Directory is an electronic version of the CBA' s popular commercial publication, the CBABC Directory. Do you need to locate a lawyer with a second language or a preferred area of practice? The Online Lawyers Directory is your online resource. Online information includes: alphabetical and geographical member and firm listings; lawyers with second languages; preferred area of practice listings; B.C. and federal government listings; judiciary and court services information; and maps for court locations, bailiff areas and land districts and more. Online Directory licences can be purchased through the CBABC by calling 604-687-3404 or toll free 1-888-687-3404.

CBA'S LAW-PRACTICE PORTAL PRACTICELINK Launched in August 2003, PracticeLink offers practical tools, information, tips, and ideas to

help cope with the day-to-day issues of running a law practice. The site provides case studies, checklists, articles and "how-to's" on subjects including billing, marketing, client care and technology, all in the context of helping lawyers strike a balance between work and home life. PracticeLink can be accessed online at www.cba.org.

Patricia Jordan Patricia Jordan is the

DID YOU KNOW?

CBABC Manager, Interactive Med ia. She

Several software manufacturers worldwide use non-transparent techniques to transfer software updates online. Non-transparent transfers can put confidential information stored on your computer at risk, thus, restricting your ability to meet legal responsibilities or to ensure security of data. Security experts warn that your browsing habits and confidential information stored on your computer could be transferred to a software manufacturer while downloading their software update. Do you have a Web question? What would you like to see online? E-mail pjordan@bccba.org or call 1-888-687-3404, ext. 317 or 604-646-7861 . •

welcomes your comments, questions, and suggestions. If you have a question about site content, or would like something added to the site, contact her at pjordan@bccba.org or call

604-646-7861 .

Site du jour www .lexpert.ca

8th Annual CBANBA Golf Tournament Back FORE more, June 24!

Lexpert is a leading source of news and information about the business of law including a comprehensive

Join fellow members of the legal profession on Thursday, June 24, 2004 in a fun-filled day of golf and prizes at the 8th Annual CBA/VBA Golf Tournament! Hit the links, network with colleagues and support CBA Student Awards. Register before May 1, 2004 (Early Bird) for just $140 (incl. GST); after May 1 $155 (including GST). Your fee includes: •

18 holes of golf ("Best Ball" format);

•

lunch and beverage voucher;

•

buffetdinner;

February

2004

"who's acting for whom"

• •

silent auction; and lots of prizes!

legal transaction and lawsuit database.

The registration deadline is June 17, 2004- call your favourite golfers and assemble your foursome soon! Proceeds from this tournament fund an annual award for both a UBC and UVic Law Student who best exemplify the ideals served by the CBA. For more information contact Kris Johnson at 604-646-7855. •

WCB Base Rates Remain Unchanged In 2004 Worker's Compensation Board (WCB) base rates for law offices remain frozen again for 2004, at the reduced rate established following intervention by the CBA last year. The base rate will continue to be $0.15 per $100 of assessable payroll. The maximum wage per worker will be $60,700. Last year the WCB announced a 20 per cent increase in the 2003 base rate for law firm employers. Following intervention by the CBA on

behalf of B.C. lawyers, Sid Fattedad, WCB VP of Finance, initiated a review and found that certain unusual cost awards had skewed our profession's rate trend. Mr. Fattedad then recommended that there be no WCB premium rate increase for law firms in 2003. For more information on WCB base rates, visit www .worksafebc.com/ for_ employers I premiums. •

News From the Manufactured Home Registry A new Web-based system called MH Online is changing the way lawyers file documents for manufactured homes. The Manufactured Home Registry has replaced three of its most frequently used paper forms (initial registration, transfer of ownership resulting from a sale, and residential exemption) with electronic filing transactions. After February 2004, the registry will no longer accept paper forms for these filings . Instead, qualified suppliers will file through B.C. OnLine.

Only lawyers, notaries, home manufacturers and parties approved by the Registrar of Manufactured Homes can become qualified suppliers. These restrictions ar~ deemed necessary to maintain control over key manufactured home filings that affect registration of ownership. A new Manufactured Home Act and Regulations came into force on December 8, 2003. Copies of the Act and Regulations can be purchased through Crown Publications at 250-386-4636. For more information, visit www.fin.gov.bc.ca/ registries/mhrpg. •

Are You Compliant? Prepared For Disaster? PracticeLink has guides for law firms This month on Practice Link, read the 10 steps that you should take to ensure that your law firm is compliant with new federal and provincial privacy laws that came into force January 1st.

hints on how to improve your practices and increase your productivity.

Also, learn to survive in times of crisis through a new Disaster Recovery Guide for Law Firms . Plus, consult the site's Quick Tips for valuable

For all this and much more, please visit www .cba.org/ practicelink. •

PRACTICELINK

Coming soon: Articles on the importance of client feedback (including downloadable model client surveys), and how to recruit and retain top talent in today's competitive marketplace.

BarTalk Vol. 16/No. I

Bar Moves ({

Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to "Bar Moves" at cba@bccba.org. Sukhjit (Sue) Basi, and Opal Wong, formerly of Quay Law Centre, have opened a new law practice in South Surrey called "South Point Law Centre." They will be focusing primarily on family law.

tion, insurance and general commercial litigation, and in aboriginal law. Manjeet K. Chana has moved from the firm of Peterson Stark Scott to the Law LINE, an advice service for low income individuals, at the Legal Services Society.

QC Appointments Congratulations to the following CBABC members who received the QC desig-

(L-R) Opal Wong and Sukhjit (Sue) Basi

Hungerford Tomyn Lawrenson & Nichols is pleased to announce that Marika Giles has joined the firm as an associate with the litigation group as of December 2003. Derek Brindle, QC has joined the Vancouver firm of Jenkins Marzban Logan where he will continue his practice as counsel in construe-

John P.H. Nicolls, formerly with Peace Arch Entertainment, has joined Grossman & Stanley in downtown Vancouver. John practises primarily in entertainment law acting largely for film and television producers, distributors and financiers . •

nation in December 2003:

Joyce W. Bradley James L. Cassels • W. Ross Ell ison David E. Gillanders Romano F. Giusti • Catharine Herb-Kelly John W. Horn

John P.H. Nicolls

ian D. Izard • Thomas G. Kendall John L. Leathley Richard B. Lindsay

• John 0. E. Lundell

Lawyers On Stage Theatre Presents ...

Charles R. Kennedy R. Hector MacKay-Dunn David F. McEwen • John S. McKercher

Lawyers on Stage Theatre (LOST) presents The Man Who Came to Dinner, February 27 & 28 at the McPherson Playhouse. This event, supported by Victoria's legal community and the CBABC, is an annual fundraiser for Kaleidoscope, Victoria's only professional resident theatre company for young audiences. The two 8 p.m. performances include a gala reception, silent auction, and the chance to see your peers on stage! The cast is composed of lawyers, law professors, law students, and legal assistants. Tickets are $35 and are available through the McPherson Box Office 250-3866121. •

David A. Paul Derrill W. Prevett Allan P. Seckel John G. Tait Anne K. Wallace • Kenneth J. Yule

Lawyer Peter Johnson (left) and UVic law prof Andrew Pirie (right) were cast as bead sellers in 2003. In "The Man Who Came To Dinner" they'll play Sheridan Whiteside and Doctor Bradley.

Battle of the Bar Bands Will Rock Again! ~ The Battle of the Bar Bands returns to the fabulous Commodore Ballroom on Friday, June 11. Last year more than 850 people rocked to the February

2004

music of nine competing bands, while raising more than $35,000 for the CBA Lawyers Benev• olent Society. Stay tuned for ticket info. 27

Section Enrolment PRIZES

Canadian Bar Review Online The August 2003 (Volume 82, number 2) edition of the Canadian Bar Review is

The CBA and the Continuing Legal Education Society (CLE) are happy to announce the winners of the annual CBA Section enrolment draws. Members who enrolled in four or more Sections were eligible to win one of four prizes. Special thanks to CLE for providing the prizes, and congratulations to our winners: 1. A gift certificate for $700 to be used toward any CLE product(s) Winner: Jerry McHale, QC, Victoria

The

Continuing Legal Education

•

Society of Brit1sh Columbia

2. Complimentaryregistrationtoaregular,one day CLE Course (value $375) Winner: Jeffrey Andrews, North Vancouver 3. Complimentaryregistration to a regular, one day CLE course (value $375) Winner: Peter Warner, QC, Prince George 4.

A gift certificate for $300 to be used toward any CLE product(s) Winner: Marjorie Mooney, Surrey •

now onl ine in both PDF and fully-searchable HTML formats. Topics in this ed ition include: Electronic Workplace Surveillance; So-

Branch and Bar Calendar February - April 2004

licitor-Client Privilege; Medicare in the Courts; Problems with Judicial Dispute Resolution; and Sentencing Soldiers in Canadian Military

February February February February February

Law.

To read the CBR, visit: www.cba.org/CBA/ canadian_bar_review/ CBRAugust2003 / August2003.asp

CBA members are eligible to

March 6 March 9 March 18 April 2 Apri14 April 13 April IS April 17 April 17

I0 19 19-22 19-22 21

New Westm inster Bar Association Meeting (Westminster Club, 5:30 p.m.) Kelowna Bar Association Meeting CBA National Mid-Winter Meeting (Whitehorse, Yukon) Cariboo Bar Annual General Meeting (Wells , B.C. Contact: Patricia Schmit, QC 250-992-8341) Kootenay Bar Association Mid-Winter Meeting (Heritage Hotel, Nelson 8:30 a.m.- II :00 a.m. Contact: Susan Kurtz, 250-354-1881) Provincial Council Meeting (Richmond Delta Airport Hotel 9:00 a.m.) New Westminster Bar Association Meeting (Westminster Club, 5:30 p.m.) Kelowna Bar Association Meeting Executive Committee Meeting (CBABC Boardroom) Law Week Sk Fun Run/Walk (UBC, 9 a.m .) New Westminster Bar Association Meeting (Westminster Club, 5:30 p.m.) Kelowna Bar Association Meeting Law Week Open House (Vancouver Law Courts I 0:00 a.m. - 2:00 p.m.) Law Week Dial-A-Lawyer II a.m . - 3 p.m.

To announce an upcoming event or meeting in the Branch and Bar Calendar, please call Sandra Webb at 604-687-3404 or toll free 1-888-687-3404 (e-mail cba@bccba.org).

receive, free of charge, an annual bound edition of the Canadian Bar Review containing articles published in the previous 12-month period . To obtain your copy,

NEW RESOURCES: Mina's Guide to Minute Taking

e-mail review@cba.org by March 15, 2004.

Eli Mina, MSc, PRP is a professional meeting chairman, seminar leader and Registered Parliamentarian, based in Vancouver. His latest book is Mina 's Guide to Minute Taking, a compilation of p rinciples, standards and practical tools for recording minutes at informal, formal, and in-camera (closed) meetings. Topics include how to convert discussions into objective and concise summa-

ries, what to record in minutes, how to preserve confidentiality of in-camera meetings, how to address freedom of information issues, how to establish minute taking standards and thereby avoid arguments about minutes, and how to handle the minutes approval process. Mina' s Guide to Minute Taking can be purchased at www.elimina.com. •

BarTalk Vol . 16/No. I

- - - - - - - - - - - - -- -- -

CLE Update

The

Continuing Leaal Education

•

LAND TITLE OFFICE E-FILING

Society of British ColUmbia

The Course for Technology Staff: February

24,2004 in Vancouver (offered live and online) In April 2004 the Land Title Branch Electronic Filing System will be launched. Once in operation, the electronic filing system will enable conveyancing professionals to electronically submit land title forms for registration. Are you prepared fore-filing? CLE is pleased to present a series of courses designed to assist you in taking advantage of the new electronic filing system. Offered live in Vancouver, Victoria and Kelowna, these courses will deal specifically with the varying needs of your office. Video repeats will also be available throughout the province for both the lawyer and legal support staff programs.

The Course for Lawyers: March 4, 2004 in

Victoria, March 9, 2004 in Vancouver and March 23,2004 in Kelowna The Course for Legal Support Staff: March 5,

2004 in Victoria, March 10, 2004 in Vancouver and March 24, 2004 in Kelowna Manufactured Home Registry course: March

3, 2004 or April7, 2004 (offered online) For more information on this series visit www.cle.bc.ca or call CLE customer service at • 604-893-2121 or 1-800-663-0437.

.. LEAF ~ FAE J

T he Hon. Claire L'HeureuxDube to speak at LEAF Breakfast West Coast LEAF presents its 17'"' Annual Equal ityBreakfast on Friday, March 5 at the Hyatt Regency

B.C. Courthouse Library Society NEEDS ASSESSMENT SURVEY COMPLETED The B.C. Courthouse Library Society (BCCLS) has completed a province-wide survey of users and potential users of courthouse library services. BCCLS contracted with Synovate, a research firm, to survey lawyers, articled students, other legal professionals, legal referring organizations, and public librarians, on BCCLS services and collections. This survey will help BCCLS determine if it is positioned to meet the changing demand for legal information resources. Opinions on issues such as technology and electronic delivery of information versus print resources and physical collections are important in ensuring resources are managed effectively. Survey results will be used in reviewing and modifying BCCLS' short and long-term plans.

~ BRITISH COLUMBIA COURTHOUSE LIBRARY SOCIETY

Highlights from the survey will be published on the BCCLS Web site (www.bccls.bc.ca) in mid-February, and in an upcoming issue of BarTalk. BCCLS thanks all who participated in the survey for providing valuable input into their planning process.

Hotel. Doors open at 7:00 a.m. The breakfast will feat ure the inspiring and engaging Honourable Claire L'Heureux- Dube, who served on the Supreme Cou rt of Canada between 1987 and 2002 and remains one of this count ry's foremost activists in

TRAINING AND ORIENTATION SESSIONS AT COURTHOUSE LIBRARIES In the fall of 2003, BCCLS staff visited courthouse libraries throughout B.C. to offer orientations on the new BCCLS Web site, new BCCLS web databases, and electronic resources available in courthouse libraries throughou t B.C. The orientation and training sessions will begin again in the spring of 2004. Look for notices posted at bccls.bc.ca and at your local courthouse library, or call 604-660-2841 or 1-800-665-2570 for more information. •

promoting human rights through equality.

Proceeds from the breakfast, W est Coast LEAF's signature fundra ising event, will support public legal education programs in communities and schools.

For ticket information please call 604-684-8772 or e-mai l breakfast@westcoastleaf.org.

?•

To Hole Punch or Not To Hole Punch? BarTalk is considering whether to continue its current 3-hole punched format. By NOT hole punching, production costs would decrease

February 20 0 4

by approximately $1,000 annually. Do the hole punches matter to you? Let us know by e-mailing cba@bccba.org by March 15th and have your name entered in a draw for a stainless steel CBA travel mug. • 29

Law Foundation of B.C.

THE@LAW

FOUNDATiON

OFBRITISl lCOWMillA

NEW CHAIR- HEATHER RAVEN

Gratuity Not Included What are the monetary savings of bagging a lunch over one, two, or even four years? Test drive the "Lunch

Savings Calculator" at www.dinkytown .net/java/ LunchSaver.html to find out. The calculator watches every penny and includes expected rate of return on your savings.

The Board of Governors of The Law Foundation of B.C. is pleased to announce that Professor Heather Raven of Victoria has been elected as Chair of the Law Foundation for a two-year term beginning January 1, 2004. Ms. Raven succeeds Donald Silversides, QC of Prince Rupert.

NEW GOVERNOR- SUZETTE NARBONNE Professor Heather Raven, the new Chair of the Law Foundation of B.C.

Professor Raven (Nakasheohow) is a member of the Broken Head Ojibway First Nation which is located in Manitoba. She has degrees in history and law from UBC and has been a professor at the Faculty of Law at UVic since 1992. She directs the Academic and Cultural Support Program and teaches Employment Law, Legal Process, Legal Mooting and Aboriginal Law. Prior to 1992, she worked as a labour and litigation lawyer in Vancouver. She has been a governor of the Foundation since 1999 and has served on the New Grants, Personnel, Aboriginal Justice and Funding Strategies committees. She has also been Chair, for the last two years, of the Policy and Planning Committee. Professor Raven has also served on the B.C. Police Commission, the Public Service Appeal Board, and the boards of the Canadian Journal of Women and the Law, the Environmental Law Centre and the Victoria Law Centre.

DEPARTING CHAIRDONALD SILVERSIDES, QC Donald Silversides, QC finished his term as Chair of the Law Foundation in December. Mr. Silversides joined the Board of Governors in 1996 and served on a number of committees, including: Small Grants, Civil Justice Reform, Finance and Administration, Aboriginal Justice Issues, Policy and Planning, and Strategic Planning prior to becoming Chair of the Board in 2001. During his term, Mr. Silversides oversaw the implementation of nine new legal ad30

vocacy projects in rural communities, the initiation of the Funding Strategies Review and the continuation of core funding to over 50 continuing programs despite record low interest rates. The Foundation is fortunate to have had the benefit of Mr. Silversides' leadership and wisdom over the past eight years.

Suzette Narbonne of Prince Rupert has been appointed by the Law Society as a governor of the Law Foundation for the County of Prince Rupert, replacing Don Silversides, QC. Governor Narbonne earned her law degree from the University of Ottawa. She is a member of the bars of both Manitoba and B.C. and has practised law since 1989. She has a litigation practice in Prince Rupert, was previously a staff lawyer with Legal Aid Manitoba and currently is the supervising lawyer for the Prince Rupert Legal Advocacy Project. When not practising law, Governor Narbonne runs marathons.

DEPARTING GOVERNORSHOLTO HE BENTON, QC Governor Sholto Hebenton, QC finished his term as a Governor of the Law Foundation in December. During his tenure, Mr. Hebenton served on the Finance and Administration Committee, the Bursary, Scholarship and Fellowship Committee, the Policy and Planning Committee and was the Chair of both the Special Needs Fund Committee and the New Grants Committee. We all share a debt of gratitude to Governor Hebenton for his contribution to the foundation, both over the past few years and also further in the past. Governor Hebenton was instrumental in establishing the Law Foundation and in developing its mandate and vision in the early 1970's.

FUNDING STRATEGIES REVIEW The Law Foundation has initiated a Funding Strategies Review of all of its continuing programs. The review was announced at a recent meeting of the executive directors of Law Foundation funded continuing programs. This review is being undertaken to ensure the BarTalk Vol. 16/No. I

continued alignment of Law Foundation funding with its mission, and to optimize its grantmaking. The Law Foundation wants to use its limited resources to maximize the benefits to the public and to the legal profession in its five mandated areas. Its aim is to enable people in B.C. to have access to the best legal aid, legal education, legal research, law reform, and law libraries that its resources can provide.

UBC FACULTY OF LAW (Scholarships and Projects) - $127,500

GREATER VANCOUVER LAW STUDENTS' LEGAL ADVICE PROGRAM (Operating Grant) - $121,000

DOWNTOWN EASTSIDE RESIDENTS' ASSOCIATION (Advocacy Services Program) - $103,300

The review will examine:

FAX: 604-669-960 I TOLL FREE in B.C., outside the Lower Mainland: 1-877-669-960 I

UVIC FACULTY OF LAW •

how well funds are being spent in relation to the Law Foundation's statutory mandate;

(Scholarships and Projects)- $84,000

UBC FACULTV OF LAW

• BarTa/k Senior Editor:

whether funded programs are meeting the needs of the community; and

(First Nations Clinical Program)- $65,500

whether the grant amounts are appropriate.

(CANLII Virtual Law Library)- $65,000

It is not anticipated that the review will result

LAW COURTS EDUCATION SOCIETY

in significant or immediate reallocation of continuing program grants. However, adjustments may be necessary if the review suggests that improvement could be made in funding distribution or if new priorities are set.

(Northern Public Legal Education Program for First Nations Communities)- $60,800

•

CAROLINE NEVIN

604-687-3404, EXT. 320 cnevin@bccba.org • BarTalk Editor:

LAW SOCIETY OF B.C. •

This funding review in no way reflects a diminishment of the Law Foundation's support for continuing programs. The Governors of the Law Foundation maintain a strong commitment to the principle of stability through core funding, and will continue to provide such support. The review will take place over the next three years.

SANDRA WEBB

The Board of Governors of the Law Foundation met on November 22, 2003. Chair Heather Raven is pleased to announce that funding totalling $4,341,700 was approved for the following 16 programs and projects:

(Education and Training for Law Foundationfunded Lay Advocates)- $54,600

LEGAL SERVICES SOCIETY (Operating Grant)- $3,272,500

B.C. COALITION OF PEOPLE WITH DISABILITIES (Advocacy Access Program) - $136,900

February

2004

karmstronglaw@ shaw . ca • Editorial Board Members: VIKKI BELL, QC jOHANNE BLENKIN DIANA DAVIDSON

B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION

ANNA FEGLERSKA

(Public Legal Education Program)- $20,800

MARGUERITE (MEG)

DAVID DUNDEE CHRISTINE MINGlE SHAW VERONICA SINGER

DEBATE AND SPEECH ASSOCIATION OF B.C. Project Grants CONTINUING LEGAL EDUCATION SOCIETY (CLE Needs Assessment Project) - $55,000

UBC FACULTV OF LAW (Legal Education Access Project)- $55,000

Continuing Programs

604-646-7856 slgwebb@bccba.org • Editorial Board Chair: KENNETH ARMSTRONG

LAW FOUNDATION LAY ADVOCACY EDUCATION AND TRAINING FUND

(Law Foundation Cup Debates)- $14,300

Grants Approved

BarTa/k is published six times per year by the Canadian Bar Association, British Columbia Branch I Oth Floor 845 Cambie Street Vancouver, B. C. V6B 5Tl TEL: 604-687-3404 TOLL FREE in B.C., outside the Lower Mainland: 1-888 - 687-3404

UVIC FACULTY OF LAW (Legal Education Access Project)- $55,000

TENANTS' RIGHTS ACTION COALITION (New Residential Tenancy LegislationPublic Legal Education Project)- $50,500

•

© Copyright the British Columbia Branch of the Canadian Bar Association-2004. 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 Canadian Bar Association, B.C. Branch represents more than I 0,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and adv· ancing and improving the administration of justice. 3 I

- - - - - - - Classified Ads PART-TIME SECURITIES LAWYER NEEDED. Should have experience in private placements, public offerings, stock exchange listing & filing requirements , corporate governance, corporate reorganizations, and drafting commercial agreements. Send cover letter &resume to Hahn &Co. , 501-905 W. Pender St. , Vancouver, BC V6C 1L6 Fax: 604-618-2862. ROCKYMTN OPPORTUNITY-Busy Fernie firm has position available starting April!, 2004 for a motivated barrister. Take over an existing practice which includes family , criminal and general litigation. Terms negotiable. Fernie is a world class winter & summer resort area. Position would appeal to lawyer with outdoor recreation and family living as a priority. Please contact: Sliva & Summers. Tel: 250-423-4446. Fax: 250423-4065. E-mail: slivsumm @monarch.net. Visit www.femie.com for info on Fernie. SOLICITOR REQUIRED-Opportunity for lawyer with an interest in solicitor's practice at Clay and Company in Victoria. We are a 6lawyer firm with established broad practice. Contact Paul Scambler, QC in confidence at 837 Burdett Avenue, Victoria, V8W 1B3,250-386-2261,fax 250- 389-1336 or e-mail pscambler@clay.bc.ca OFFICE SHARE - in beautifully appointed Yaletown law offices, with small litigation firm. Includes use of meeting room, secretarial station, kitchen and more. Pay fixed rent or percentage of billings. Call Diane Dunbar at 604-662-7544 or e-mail dldunbar@conkie-law.ca.

HARDWORKING, ENTREPRENURIAL 2003 call seeks associate position. Call Sky Anderson at 604-767-1292 (skyand@shaw.ca) Swamped? Trial coming up? Contract lawyer with civil lit experience. Call 778-837-4422. ARTICLES SOUGHT B.C. 2004- litigation exposure in torts, criminal, family, sport, and clinic work. Good grades, great court preparation, settlement, and client skills. 12 years previous business experience and 3 university degrees . Call 519-472-0079. Diverse, dynamic, enthusiastic third year law student with a passion for litigation seeks ru.ticling opportunity to come home to Vancouver. michelekim @osgoode.yorku.ca/ 604-780-8593 ELECTRICAL MOBILE FILING SYSTEM Double storage capacity while using less space. For full description, pricing and photos please e-mail: linda.hilts@ubc.ca FOR SALE- used family, civil law & personal injury CLE books, practice manuals. Good condition books/excellent prices. Cal! John 604876-5574.www.mcnamee-law.com/books.html Place free ads online! www.bccba.org has two areas to advertise. See "Human Resources" and the "Lawyer Lounge."

Advertising CLASSIFIED AD RATES CBABC members ...... .............. $25 per line Non-Profit Organizations ..... ... $30 per line Commercial Organizations ... .... $40 per line Next deadline: March 12 DISPLAY AD RATES 3 x 1 column CBABC members ............ .... ............... $450 Non-Profit Organizations ................... $575 Commercial Organizations .. .. ..... ..... .. .. $750 1/3 page CBABC members .... .... .... ..... ........... $1,300 Non-Profit Organizations ........... .. ... $1,600 Commercial Organizations ........ ....... $2,200 Next deadline: March 12 INSERT RATES (all ofBC) CBABC members .. ... ... .......... .......... $1,200 Non-Profit Organizations ...... .......... $1,400 Member Services ...... ....................... $1,750 Commercial Organizations ... .. .......... $2,000 Next deadline: March 19 Next mailing date: April 9 Please direct BarTalk advertising inquiries to Sandra Webb, BarTalk Editor Tel: 604-646-7856 Toll free : 1-888-687-3404, ext. 318 E-mail: cba@ bccba.org

~ Looking for discounts and deals?

~'(@ See the Member Services insert.

We Have a Winner!

Terry Fox Legal Beagle Invitational The annual Terry Fox Legal Beagle Invitational Basketball Tournament is recognized as one of the most competitive basketball tournaments in B.C. The tournament was held January 810 in Port Coquitlam. Approximately 21law firms financially support the tournament and many take an active part in some aspect of its organization and presentation. TriCity bar members who have supported the tournament generously over the years have found it to be a rewarding way to support a community activity.

While the tournament highlights excellent competitive and basketball skills, it honours the spirit and toughness of mind of its namesake, Terry Fox. Each year two Terry Fox Awards are presented to the tournament players who most exemplify Terry's qualities. The awards include a monetary scholarship for post secondary education. The 2004 Terry Fox Award winners are Jaren Bergen of the Walnut Grove Gators and Brad Pearson of the Terry Fox Ravens.

Congratulations to Seema Chaskar who won a yoga mat and 10 classes at Bikram's Yoga College of India in the December BarTalk contest. The value of her prize is $165. The answer to the contest question "What is Bikram's full name?" is "Yogiraj Bikram Choudhury."

Bikram Yoga College of India has two Vancouver locations (2893 Cambie Street 604-8769642 and 1650 Alberni Street 604-662-7722} . Your first class at â&#x20AC;˘ the College is free.

The Argyle Pipers basketball team placed first in the tournament. â&#x20AC;˘

BarTalk Vol. 16/No. I