BarTalk | February 2007 by The Canadian Bar Association, BC Branch

FEBRUARY 2007

volume 19, number 1

Who Speaks Out For Lawyers? We need a strong voice in response to reforms

ignificant shifts are underway in legal practice, regulation of the profession, the administration of justice and the law itself. These fundamental changes will affect every lawyer, and we must pay attention – both as individuals and as a profession. The Canadian Bar Association exists to ensure that the collective voice, wisdom, and strength of the profession is brought to bear on important issues. Senior members of the Bar are stepping up to provide their support, and newer members are actively engaged in reform activities. There is a growing sense that this is a time for more – not less – involvement in the CBA, for the sake of the profession and our society.

Manadatory CLE

The Law Society is committed to the concept of mandatory professional development. How this develops, and how the needs and realities of lawyers are considered and reflected in the end product, is a matter of significant concern. We all understand the public interest agenda behind it – but the voice of lawyers needs to be heard in the process, particularly those who face time, money and access barriers. Expansion of Non-Lawyer Practice

On the good news front, the Law Society is looking at reforms to allow lawyers to delegate more duties to their paralegals. On the downside, we have only to look at WCB “advocates” and immigration “consultants” to see how far this can go if non-lawyer practice is supported by government.

www.cba.org/bc

Justice SYSTEM Reform

Serious, far-reaching reforms are clearly on the horizon – the Justice Review Task Force has proposed a “legal hub” of information and support for unrepresented litigants, and major changes to administrative process and procedures for people seeking resolution of civil matters. Change will occur within a relatively short timeframe, and lawyers need to have input into the end result. Law Reform

An activist federal agenda has placed unprecedented demand on the National CBA for consultations and advocacy. Important legal questions at the Supreme Court of Canada often involve CBA interventions. Here in B.C., the CBA is asked by government to respond to all major legislative proposals, often on short notice. And the profession has its own proposals for change – the CBA has proposed legislation to protect those whose retirement savings are in vehicles other than pensions. The Need for Engagement by the Profession

When an incredibly fast pace of change becomes the norm, it becomes difficult to distinguish that which is important amongst the volume of “urgent” and “immediate.” The CBA exists to make sure that the legal profession’s interests are front and center on the most important issues of the day. Your support and involvement can make a difference – and is very much needed in these challenging times. BT

FEBRUARY 2007 UP FRONT

4 From the President 5 Executive Director 6 National News 8 Section Update 10 Practice Talk

by David J. Bilinsky

12 Nothing Official by Tony Wilson 13

On the Web by Patricia Jordan

LEGISLATIVE UPDATE 14 Acts in Force IN THE BACK

GUEST CONTRIBUTORS

15 Hearing From Children Takes

a Proactive Approach

Viva Lex Vegas Review

How to Explain Separation and Divorce A New “Guide for Grown-ups” on FamiliesChange.ca by Laureen Tang

Changes In the Practice of Law In the Last 50 Years by David Chong

Calendar

Member Services

by James Bond

26 Partners | Membership Continuing Legal Education Society The Law Foundation of B.C.

by Suzanne Williams

18 A Day in the Life of an In-House Counsel One Lawyer’s Transition to In-house Counsel by Paul Reynolds

25 Bar Moves | Bravo

volume 19, number 1

Ministry of Attorney General Consultations on Legislation by the Civil and Family Law Policy Office

British Columbia Student Loan Repayment Options for Articling Students by Murray Coell

Classified Ads

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BARTALK February 2007

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch. BarTalk Senior Editors Caroline Nevin Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Brian Rodriguez Editorial Board Chair David Dundee Editorial Board Members James M. Bond Jack Micner Pamela Murray Gurminder Sandhu Barinder Sanghara Veronica Singer Dierk Ullrich Miriam Vale Craig Watson © Copyright the British Columbia Branch of the Canadian Bar Association 2007. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The Canadian Bar Association, British Columbia Branch represents more than 6,200 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

CBABC’s MEMBER SERVICES ACTIVITIES FRANK KRAEMER (VOL. 18, No. 6)

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

I was reading the recent BarTalk and saw Frank Kraemer’s article about the member services. I like the benefits of the member discounts and in particular, I have used it for Canucks tickets and Playland and plan to use it for ski tickets as well. I think it would be unfortunate to lose these benefits. – Brett A. Horton Director, Assyst Real Estate, zanzibar conference Western Canada on legal aid and access to justice Allan Parker (VOL. 18, No. 4)

Allan Parker’s article on the Access to Justice Conference in Zanzibar (August 2006, p.21) caused me to reflect. I recently referred a woman from the Sechelt Peninsula to a downtown Vancouver family lawyer I knew. He told her, apparently, that he wanted a $10,000 retainer. Another man came in a few days later and told me that a Surrey lawyer would not touch his disability claim without receiving a $5,000 retainer. Another disabled Greek-Canadian client came in a few weeks ago and told me that his lawyer had taken, and enforced, a 40 per cent contingency to do a WCB claim. Perhaps we should be talking about Access to Justice in Vancouver, as well as in Zanzibar. Neither the B.C. nor the Federal government are doing anything significant to expand access to justice. Pro-bono is not the best or only answer either. – John Craig Paterson

Mark Your Calendar! CBA/LMA Marketing Boot Camp in Victoria Friday April 20, 2007 – One of the greatest challenges facing lawyers today is learning the effective use of marketing to support their achievement of professional goals. Our second Boot Camp is designed to provide specialized training in marketing fundamentals and strategic planning. The program is structured to provide maximum one-on-one contact for participants with the seven legal marketing and business development professionals presenting. This course will equip you with the critical knowledge and skills necessary to gain a professional advantage in growing your business. Watch for the CBA News and Jobs e-mail for further information or visit our website at www.cba.org/bc, look under “Spotlight” on the home page. February 2007 BARTALK

from the president

frits verhoeven

Preserving Independence of the Legal Profession

he issue of governance The government has greatly of the legal profession expanded the number of selfis not hot right now. regulating professional groups. It That makes this the is not surprising that issues arise perfect time to make sure that we concerning the effectiveness of the have it right, if we are to preserve regulatory functions they perform. independence and self-governance There is a persistent belief that out of the legal profession for the long of self-interest some professions run. A threat could appear at any have been slow to recognize foreign time, and suddenly, as the recent credentials. The Ellison case led experience in England and Wales the editors of the Vancouver Sun to Frits Verhoeven has shown. We cannot afford to criticize the processes for discipline President 2006/2007 be complacent. of teachers in B.C. Other regulators B.C. Branch The public has an understandhave not matched the Law Society’s Canadian Bar Association able mistrust of self-regulation. level of openness and transparency The perception of conflict of interest is hard to avoid. in relation to discipline matters, and this has also led to The mistrust increases when the body responsible criticism. Veterinarians are suing their regulatory body, for regulation of the profession also represents the and opticians are complaining publicly about theirs. members of the profession in relation to their Issues relating to governance of other professional private interests. In his December 2004 final report organizations could lead to proposals for change on “Review of the Regulatory Framework for Legal that affect our own profession. Independence of the Services in England and Wales,” Sir David Clementi legal profession is a cornerstone of a free society, said, “A key recommendation of this Review is and in that respect the legal profession is unlike all that the regulatory and representative functions of others. However, the public does not necessarily frontline regulatory bodies should be clearly split.” share that view. Our best protection against a threat In this province, we have a clear and distinct to our independence lies in effective regulation of the separation between the Law Society, as the statutory profession, a demonstrable avoidance of conflict of regulator of the profession in the public interest, and interest, and in having all parts of the legal profession the Canadian Bar Association, which has crucial working together to preserve our independence. public interest functions but is also the representative In that respect good relations between the CBA of the legal profession in relation to its private and the Law Society are vital, and are now excellent, or business interests. We’ve gone one better than thanks to a concerted effort by both organizations, and the recommendations made by Mr. Clementi: the in particular by our most recent past presidents, Rob regulatory and the representative functions are dealt McDiarmid, QC of the Law Society and Meg Shaw of with by separate organizations. the CBABC. I look forward to continuing that positive Other professions do not have such a clear relationship with current LSBC President Anna Fung, separation between regulatory and representative QC. Effective cooperation between the Law Society functions. For example, all of the accounting profesand the CBABC will serve us well in avoiding threats sion’s professional bodies have dual roles, and compete to independence of the profession, and in dealing with with each other for members and for prestige. proposals for change should they occur. BT

BARTALK February 2007

frank kraemer, QC

executive director

From Vision to Reality

n two previous columns organization. The plan sets out 13 (October and December strategic objectives that are set out 2005) as well as on a regular in the box below. Our provincial basis to Provincial Council, council will discuss this plan on I have reported on the work of the January 27, 2007 National Futures Committee and If you are interested in its two reports “Crystal Clear: New seeing a complete copy of the Perspectives for the Canadian Bar draft Strategic Plan, please do Association” and “Crystal Clear: not hesitate to contact me at: Strategic Directions for the CBA” 10th Floor, 845 Cambie Street, (www.cba.org/Futures). Vancouver, B.C., V6B 5T3, tel: Frank Kraemer, QC Following presentation of the 604-687-3404, ext. 304, or e-mail: Executive Director second report to National Council fkraemer@bccba.org. B.C. Branch in St. John’s, Newfoundland in It is anticipated that the Canadian Bar Association August 2006, a National Strategic consultation process will be Planning Committee was struck chaired by National concluded in sufficient time so that the Strategic First Vice-President Bernard Amyot and made up Plan can be finalized and approved at the of National Treasurer Jack Innes plus the previous National Mid-Winter Meeting to be held in Mont members of the National Futures Committee. A Tremblant, Quebec from February 15-18, 2007. This draft plan has now been prepared and is being Strategic Plan is a very important document and circulated for comment among the various Branches, sets the direction for the next several years for the Sections, Committees, and other parts of this CBA. I commend it to each of you. BT Recruit New Members: The CBA will take specific recruitment and retention action to increase membership by a net 30 per cent over five years. Build Knowledge About the Legal Profession: The CBA will be the authoritative source of information and expertise on the legal profession in Canada. Achieving Best Value by Working Cooperatively: The whole CBA is committed to a philosophy of cohesiveness, collaboration, and transparency. In order to deliver the best value to members, all constituent parts of the Association will work cohesively and collaboratively. Communications: The CBA will listen to its members and be an effective communicator to demonstrate relevance and build loyalty to the CBA. Professional Interest Advocacy: The CBA will be the national and international voice of the Canadian legal profession in order to protect its core values, promote the essential role of lawyers in society, and enhance the competitive advantage of CBA members. Public Interest Advocacy: The CBA will advocate effective law reform and fair justice systems.

Professional Development: CBA will be recognized as a leading provider of relevant, accessible, and cost-effective professional development on law and practice matters affecting lawyers and the legal community. Promote Equity and Diversity: The CBA will be a diverse association that facilitates and promotes equity and diversity in the legal profession and Canadian society. Develop Specialized Member Services and Benefits: The CBA will provide each member with benefits and services that are meaningful and relevant to that member. Futures Planning: The CBA will maintain its culture of effective futures planning. Goodwill: CBA will manage its goodwill as a strategic asset. Image: The legal profession, guided by the values of empathy, trust, and client service, will be respected by the Canadian public. The Canadian Bar Association’s goal is to ensure that its image is based on fact and a sound understanding of the positive contributions of the profession to society and in upholding the Rule of Law. Organizational Excellence: The CBA strives for organizational and leadership excellence.

February 2007 BARTALK

national news | EVENTS

Calgary 2007: August 12-14 Mark your calendar now for the 2007 CBA Canadian Legal Conference in Calgary, August 12-14, 2007. Calgary’s own Juno Award winning singer Jann Arden headlines the entertainment roster and will perform on August 13. Peter Lougheed, QC and Preston Manning will educate and entertain at breakfasts on August 13 and 14, while author and visionary Leonard Brody will deliver remarks at the closing lunch on August 14. Confirmed panelists for Continuing Legal Education programs to date include Mr. Justice John Gomery, Norman Inkster, Mr. Justice Allen Linden, Madame Justice Denise Bellamy, and Commissioner Graham Fraser. uuu Watch for details and registration information on the CBA website, www.cba.org.

Kevin Carroll, QC to Become National Second VP; Wayne Onchulenko, Treasurer Kevin Carroll, QC of Barrie, Ontario will become the Second Vice-President of the CBA. He won the position by acclamation, which becomes official at the CBA MidWinter Meeting of Council in Mont-Tremblant, Quebec, on February 18. Kevin Carroll, QC officially begins his climb up the ladder to the CBA presidency during the 2007-2008 term, and will become CBA president in August 2009. He brings both Branch and National experience to the position of Second VP. He served as President of the Ontario Branch in 1993-1994 and served several terms on CBA Council and the National Executive Committee. Wayne Onchulenko of Winnipeg has been acclaimed CBA Treasurer for a three-year term beginning in September. Wayne Onchulenko is a Past President of the Manitoba Bar Association and a former member of the National Finance Committee. He succeeds Jack Innes, QC of Halifax who has served as National Treasurer for the past five years.

Dublin in 2009 Dublin, Ireland will be the site for the CBA’s Canadian Legal Conference (CLC), August 16-18, 2009. The Board of Directors unanimously confirmed the location after reviewing a report that recommended the Irish location based on member preference, ease of access, travel costs, and the support of the Irish Bar. Ninety-three per cent of CLC attendees over the past five years, who responded to a March 2006 survey, chose Dublin as an appealing site. Eighty-seven per cent said they would combine the CLC with a vacation. Council approved an offshore location for the meeting three years ago. When the CBA held its meeting in London, England in 1990, it attracted a record 1,776 participants.

Pro Bono Is On the Map Earlier this year, Pro Bono Law of B.C. launched ProBonoMap.bc.ca – a new purpose-specific mapsite featuring an interactive and user-friendly “Google Map” of all free legal services provided in B.C. The mapsite includes pro bono clinics operated by Access Justice, Salvation Army, the UBC Law Students’ Legal Advice Program, and the University of Victoria Law Centre, as well as Legal Services Society programs, courthouse programs, and advocacy programs. For the first time in B.C., lawyers and the public have access to a single source for locating all of the pro bono programs and services available in B.C. (including a breakdown of specific program times, services, and contact information) on a scaleable map customized to each area of B.C. Each featured program and organization also has access to the mapsite administration in order to update information as required. ProBonoMap.bc.ca is the first-ever comprehensive and multi-party map of jurisdictional pro bono services in the world, and it serves as a testament to the ubiquitous and cooperative nature of B.C.’s pro bono service providers. It also provides an excellent opportunity for B.C. lawyers interested in providing pro bono services to locate clinics and programs in their areas. The mapsite is located at www.probonomap.bc.ca.

BARTALK February 2007

National news

Advocacy in Criminal Justice, Rule of Law The CBA will be speaking out on the following subjects during the current Parliamentary session: • Bill C-22 (age of protection). Proposes to raise age of consent from 14 to 16 years, with a five-year “close in age” exemption. The National Criminal Justice Section plans to support this amendment because it is tailored to achieve the goal of better protecting children. • Bill C-32 (impaired driving). Introduces changes to specifically target drug impairment. The National Criminal Justice Section agrees with the goal of prohibiting drug-impaired driving, but cautions that measures that extend beyond current technology for reliably measuring and identifying drug impairment will create litigation and cause delays in the administration of justice. • Bill C-27 (dangerous offenders and recognizance to keep the peace). Proposals would amend the dangerous offender and long-term offender provisions to introduce a presumption that an offender will be treated as a “dangerous offender” if charged with a third serious personal injury offence, after two prior convictions for such offences. Preliminary discussions indicate that the Section finds the current regime to operate effectively, and perceives this bill as very complex. • Bill C-35 (reverse onus in bail hearings for firearm-related offences). Proposes that an offender charged with serious offences involving a firearm will have to prove that pre-trial detention is not required. • CBA’s International Development Committee (IDC). The House of Commons Committee on Foreign Affairs is studying Canada’s role in international support for democratic development abroad. IDC appeared in late January to say that Canada’s efforts to promote democracy will be most successful if its assistance is centred on supporting good governance, which includes a significant focus on building the rule of law. CBA explained the links between the rule of law, democracy, good governance, and development. It also shared international best practices on how to promote the rule of law and drew implications for Canada’s future work in this area.

CBA to Intervene at SCC in Christie The CBA has been granted leave to intervene in Attorney General of British Columbia v. Christie. The case involves the constitutionality of a tax on legal services that was introduced by the B.C. government in 1992. The late Dugald Christie challenged the tax, alleging that it denies access to justice, contrary to the rule of law and the Charter. The B.C. Court of Appeal agreed that the tax is unconstitutional. The CBA’s main objective in the intervention is to encourage the Supreme Court of Canada to uphold the appeal court decision. The CBA also wants to assist the Supreme Court to further develop the principle that access to the courts means more than physical access. Counsel for the CBA’s legal aid test case – J.J. Camp, QC, Melina Buckley and Sharon Matthews (acting pro bono in the intervention), have identified Christie as an opportunity to build their arguments for civil legal aid. The CBA factum was filed in December and the court has granted leave to make oral arguments. The appeal will be heard on March 21, 2007.

New Federal Minister of Justice The new year brought a new face to the federal cabinet: Rob Nicholson has succeeded Vic Toews as Minister of Justice. CBA President J. Parker MacCarthy, QC welcomed Rob Nicholson’s appointment. “The CBA values its ongoing relationship with the Minister of Justice,” said Parker MacCarthy. “We make more than 70 submissions annually to the federal government, so dialogue is a critical part of the mandate. We look forward to working with Minister Nicholson.” February 2007 BARTALK

section update

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members. Commercial and Real Estate – Vancouver Island/Civil Litigation – Vancouver Island JOINT Meeting: November 9, 2006 Speaker: Harold Rusk, Cardinal Law Topic: Foreclosures: Basics and Beyond

CBA’s position is always well respected and often persuasive. The work of the National Section is an important voice for all lawyers and its work has had a significant effect on proposed crimerelated legislation.

This meeting was a Family Law – “must” for anyone new Find Out What You’re Missing! Vancouver to foreclosure or anyone Meeting: October 24, 2006 seeking a refresher. Mr. Attend one free Section meeting if you are not Speakers: R. Craig Rusk has extensive a CBA member. View the Calendar of upcoming Neville, Watson Goepel experience representing Maledy and John-Paul meetings being held by B.C.‘s 66 Sections both institutions and Boyd, Aaron Gordon Daykin online at www.cba.org/bc under Sections. individuals in matters Topic: Retroactive Child December’s BarTalk included a form to attend a concerning foreclosure Support – D.B.S. v. S.R.G. complimentary Section meeting. Check us out! law. The topic was of 2006 S.C.C. 37; Legislative interest to solicitors and Amendments litigators from the Commercial and Real Estate This well attended meeting of Section members Section and the Civil Litigation Section who all heard Craig Neville give an informative and intergained insight into developments in law as well as esting presentation on retroactive child support. The a first hand view on the legal process and procedure paper entitled “Retroactive Child Support Going involved at the court level. Forward” prepared by Mr. Neville and Jennifer Bergman outlined the current state of the law Criminal Justice – Victoria regarding retroactive child support in light of the Meeting: November 16, 2006 recent Supreme Court of Canada decision in Speakers: Dirk Ryneveld, QC, Police Complaints D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Commissioner, Bruce Brown, Deputy Commissioner, Hiemstra v. Hiemstra, 2006 SCC.37. JP Boyd Adrian Brooks, QC followed this presentation with a summary of Topic: Complaints of Police Misconduct and Report on recent legislative amendments in his ‘Legislative Proposed Federal Legislation Amendments Roundup’ circulated to all in attendance. Dirk Ryneveld, QC and Bruce Brown gave a presentation on the structure of the Commission and Health Law the complaints process. Mr. Ryneveld also commented Meeting: November 27, 2006 on changes that he would like to see on the powers Speaker: Dr. Brian Emerson, B.C. Ministry of Health and procedures of the Commission in order to Topic: B.C. Public Health Legislation Renewal – a new Public Health Act increase its effectiveness and its independence from the police. Adrian Brooks, QC, a local defence Before joining the B.C. Ministry of Health as a counsel is also a member of the CBA National Medical Consultant, Dr. Emerson was a Medical Health Officer on Vancouver Island. Currently, Dr. Criminal Justice Section that responds to proposed Emerson is the Chair of the Working Committee legislation and provides information to Parliament for the new Public Health Act. At this meeting, Dr. on the CBA’s position. Mr. Brooks explained that the

BARTALK February 2007

section update | MEMBERSHIP

Emerson discussed the policy, goals, and objectives of the new Public Health Act with a very informative PowerPoint presentation. International Law Meeting: November 21, 2006 Speaker: David Matas Topic: Using International Law in Canadian Litigation

Mr. Matas, a well-known practitioner in the areas of refugee, immigration, and human rights law, addressed the International Law Section on the use of international law in domestic litigation. In particular, Mr. Matas discussed the use of international law sources, the problems confronting counsel who seek to use these sources and the rules for their application in Canadian law. Mr. Matas drew on his wealth of personal experience arguing appeals before the Supreme Court of Canada to illustrate the potential, and the pitfalls, of applying international law in Canadian litigation. Labour Law Meeting: November 14, 2006 Speakers: Michael W. Hunter, QC, Fasken Martineau Dumoulin LLP, Charles R. Gordon, Fiorillo Glavin Gordon Topic: “Has the LRB fallen off the radar screen?”

Safety and Solicitor General et al. (2006) BCSC 1372 decision the speakers were invited to discuss whether the British Columbia Labour Relations Board enjoys the proper safeguards of independence from government, the role of the Board, and such matters as the funding of the Board and the appointment and renewal process of Vice-Chairs. BT

What is the Role of a Section Legislative Liaison? CBABC Legislative Liaisons advise their Section members about changes in statutes, bills, and regulations provided by the B.C. Branch Legislative and Law Reform Officer. They often give oral reports at regular Section meetings on legislative initiatives or communicate updates by e-mail. To keep up-to-date in your practice areas enrol in Sections now! Print a form from our website www.cba.org/bc or call the Branch office at 604-687-3404 or toll free at 1-888-687-3404.

As a follow-up to the McKenzie v. Minister of Public

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of November and December of 2006:

Regular Members Sarah Bevan Hunter Litigation Chambers Vancouver Jasmine Dadachanji McConnan Bion O’Connor & Peterson Victoria

Michael S. Finn ICBC-Litigation Department-Victoria Victoria

Karina Lewin Munro & Crawford Burnaby

Shauna Towriss Clark Wilson LLP Vancouver

Sarah G. Marsden Suleman & Company, Canadian Immigration Lawyers Victoria

Adam K. Ueland Whitelaw Twining Law Corporation Vancouver

Amy Nathanson Lawson Lundell LLP Vancouver

Articling Students

Jason Page Borden Ladner Gervais LLP Vancouver Helen Rachel Parker Vancouver

Amir Ghahreman Lawson Lundell LLP Vancouver

Narinder Kumar Rishi Apna Rishi Law Office Vancouver

Oliver deGeest Lawson Lundell LLP Vancouver

Alison Kearns Fasken Martineau DuMoulin LLP Vancouver

Meghan J. Selinger Baker Newby LLP Abbotsford

Karin Emond Lawson Lundell LLP Vancouver

Andrew S. Koczerzuk RCMP-E Div HQ Ladysmith

Anila Srivastava Lawson Lundell LLP North Vancouver

Ramin Erfanifar Windsor Law Group Victoria

Dawn M. Kuehn Wilkinson & Company Kelowna

Justin S. Thind Singh Abrahams & Joomratty Surrey

Chad G. Anderson Farris, Vaughan, Wills & Murphy LLP Vancouver Jonathan P. Arnold Staples McDannold Stewart Victoria Sarah Batut Fasken Martineau DuMoulin LLP Vancouver Pavel Boubnov Government of Yukon Whitehorse Maggie Campbell Davis & Company LLP Vancouver

continued on page 26 February 2007 BARTALK

Practice Talk

david j. bilinsky

A Tempest Blows Through… Proposed changes in competition and regulation

Get on up, look around, can’t you feel the wind of change?

The RIA continues: “1.29: Markets in which competition is weak not only allow inefficient firms to survive, but Words and music by can also weaken their incentives Barry and Robin Gibb, to innovate. In the extreme, firms recorded by The Bee Gees in an uncompetitive environment can use market power to raise oday there is much talk prices and restrict output, and about the rapid changes hence earn higher profits at their in the environment. David J. Bilinsky is the Practice customers’ expense.” For lawyers, however, Management Advisor at the “1.31. However, lawyers’ discussion of change typically Law Society of B.C. customers often lack the detailed takes place at a more sedate level E-mail: daveb@lsbc.org knowledge necessary to make an – akin to glacial change. This is accurate assessment of the value for no longer the case in England money of the services they procure, and Wales where, on November and whether the legal advice and re)presentation they 24, 2006, the government published the Legal have received can resolve their problems. In addition, Services Bill, currently before the House of Lords, the “credence” nature of legal services means that setting out its proposals for the regulatory even after the consumer has received the expert reform of legal services. This Bill, if passed, advice, they may still be unable to judge the quality will have a definite and dramatic impact on of the advice or representation received. the legal profession within England and Wales – but the blast radius of this Bill will be much much wider. 1.32. The problem is exacerbated by the fact The Regulatory Impact Assessment (RIA) that that many legal services are purchased infrequently, was developed for the Bill is insightful with regard to which means that consumers do not have the the motivations behind the proposed changes in the opportunity to compare the quality of advice they Act. For example, section 1.26 provides: received against previous purchases. Therefore, the “In March 2001, the Office of Fair Trading (OFT) legal services market fails to deliver efficient outidentified a number of rules of the legal professions comes, as it does not display the characteristics of a that were potentially unduly restrictive, and that free market.” may have negative implications for consumers by The Bill is based on the “Competition and affecting the quality and price of legal services.8 Regulation in the Legal Services Market” report The OFT recommended that the legal professional prepared by Sir David Clementi. His report has rules should be fully subject to competition law and many implications from a legal practice management that unjustified restrictions on competition should perspective. For example, he stated that: be removed. “Business practices have changed. In particular, 8 Office of Fair Trading, March 2001, the skills necessary to run a modern legal practice have “Competition in Professions” – www.oft.gov.uk/ developed; but while those with finance or IT skills NR/rdonlyres/B08439C8-C5F6-4946-8AFFmay sit on the management committee of a legal firm, 71C050D34F46/0/oft328.pdf.” they are not permitted to be principals in the business.

BARTALK February 2007

quality legal services, but of reinforcing this at all There is concern also about whether the restrictive “points of contact” between the consumer of legal practices of the main legal professional bodies can still services and the legal system. be justified….” Thirdly, the legal profession will be under Sir David’s recommendations included, in part, increased pressure to be sensitive toward and innothat non-lawyers be involved in management and vative in terms of the delivery of legal services to ownership of law practices (emphasis mine). all markets. It is no longer acceptable to leave gaps Regardless of whether one agrees with the where identifiable groups of consumers are unable to statements in Sir David’s report, one certainly senses obtain legal services in a cost-effective manner. For the perception that now is the time for changes to example, it may be time to undertake a dialogue on be wrought to the legal profession. It is interesting how to deliver legal services to the middle class in a that at least some of the changes lie precisely in the manner that is perceived to be both cost-effective and area of practice management and the delivery of results in a high degree of goal satisfaction. legal services. The Bill itself, in section 1, sets but Fourthly, it may be appropriate to start a dialogue the seven regulatory objectives of the Bill, two of on how to provide law firms with which are: “(c) protecting and promoting greater access to capital markets, the interests of consumers; (d) thereby separating law firm promoting competition in the ownership and finance provision of services within Running from management subsection (2);” out of ports to and administration, What are the and providing the lessons to be gained hook up your peripheral capital necessary from this Bill devices to your computer? to bring about a and the Clementi Older operating system? No need more flexible report? The first to upgrade, instead check out the approach to the is that unless the LaCie Hub, which comes with four USB development legal profession ports and two FireWire ports to conand innovation itself changes to of legal services meet the demands nect up to six devices simultaneously. It and products. of an increasingly works with everything from Windows Furthermore, demanding con98 SE to Mac OS X! Available early as noted by Sir sumer culture, those February 2007 uuu www.lacie. David, it may be consumers will seek com/products/product. time to allow nonchange through other htm?pid=10854. lawyers to take means, perhaps in ways l equity positions in law that will fundamentally co l ur do firms, provided that the tes affect the legal profession er y of christoph independence of the profession as we know it today. There is and the standards of the profession certainly a power shift today toward are maintained. the consumer, partly due to the Internet Regardless of the final disposition of the Legal and partly due to the erosion of the image Services Bill, it is apparent that if we take a moment of the profession generally. and look up from our desks, we can feel the winds of Secondly, the “soft” skills in the delivery of legal services – namely the ability to communicate at all change blowing through the halls. BT times that the consumer has received high-quality legal services – will be increasingly important. This The views expressed herein are strictly those of is no longer a matter of competitive advantage the author and may not be shared by the author’s – we need to raise awareness among all lawyers of employer, the Law Society of B.C. the fundamental importance of not only delivering

h tip c e T

February 2007 BARTALK

nothing official

tony wilson

There’s No Business Like Show Business Immortality for Difficult Colleagues

ne of the more exasbe solicited to have their mortal perating things about remains plasticized and displayed this profession is if at places like Science World when given the choice they die. A hit wherever it shows, between catching the flu or Body Worlds left Vancouver in dealing with certain lawyers on January, attracting almost 300,000 the opposite side of a file, many attendees to view bodies in various of us would just as soon pick the states of preserved dis-assemblage. flu. You can take drugs to deal By putting their names on the “take with the flu, you get to stay in me when I’m dead” list, you’d be bed for a day or two and work doing your difficult friends a Tony Wilson is a Franchise from home if you have to, and the favour, as plastination is cheaper Trademark and IP Lawyer in flu eventually goes away. Not so than a casket burial or cremation Vancouver. He’s written for the with Difficult Lawyers. Although and someone else would be paying Globe and Mail and Macleans I’m lucky enough in my practice for it! Better yet, because your magazine, and would prefer that area not to have to deal with friends’ mortal remains are lachis remains be scattered over Difficult Lawyers very much, quered with chemical preservatives, Lac Lugano rather than mounted everyone has to deal with them at they could have some degree of on a wall in Science World. some point in their career, (and if immortality traveling the continent E-mail: twilson@boughton.ca you’re really unfortunate, regularly). like some pickled rock star (not These lawyers are one part unlike Keith Richards during the prima-donna, and two parts egomaniac, (and surprisinglast Stones tour). ly, they aren’t all just from Toronto!). These are the ones Having recently seen all the fun the skinned and your colleagues moan about as they walk down the halls disemboweled corpses were having on skateboards, of the office mumbling to themselves “Oh no, not again;” engaged in archery and gymnastics and perched on looking to the heavens and asking the Gods why they’re balance beams, it struck me that plasticization offered being punished. Again. These are the ones who don’t more fun in the afterlife than some people have in the return calls. They confirm things in correspondence that current one. As for my Difficult Lawyer colleagues, were never agreed to (or said). They don’t move the file I’d want them with their feet up on their desks, on the forward. They take aggressiveness pills with their coffee. phone yelling at some other lawyer while the passers-by They disagree with what may have been agreed to the could inspect various anatomical details in the search day before. They yell on the phone. And they certainly for the heart, the brain, and the largest organ, the ego. wouldn’t be on your list of lawyers you could share a Body Worlds’ most interesting display, however, drink with when the file’s over, because the file’s never was mounted on the wall in a special frame like an over. Fortunately, there aren’t many of these lawyers autographed Canucks jersey. Eight feet high, and around, but we all know their names, don’t we? without any other bodily parts to suggest it was once If there’s not much we can do about them in this attached to a human, it was the digestive tract from life, perhaps something can be done about them in tongue to anus, with the entire colon unraveled in all the next. I’ve imagined putting the names of my less its glory. Although all the subjects were anonymous, I than favourite colleagues on the card that’s given out have to admit, this one did have a passing resemblance at Gunther von Hagen’s “Body Worlds” so they’ll to a Difficult Lawyer I have dealt with in the past. BT

BARTALK February 2007

pATRICIA JORDAN

on the web

Marketing Your Firm Online – Part 1

hink of your website as and provide examples of successful a virtual receptionist. transactions and court decisions. A well-designed site Your site should have a clear client can be your greatest focus and respond to client’s needs. marketing tool and can help you Provide legal information and increase your business. Being open publish articles online. Use fonts 24/7, your site can add immediate that are easy to read such as Arial, value to your practice. Smart sites Universal or Times and refrain incorporate client interactivity from using “under construction” through the use of blogs, pages. Design for clients who may extranets, RSS (Really Simple be using earlier, slower technology Patricia Jordan is the CBABC Syndication) feeds and webinars. and ensure your site resizes autoManager, Interactive Media. Increasingly, law firms in Canada matically for various screen resoluShe welcomes your comments, are adopting blog technology as tions (800x600, 1024x768, etc). Use questions and suggestions. a useful and proactive tool to plain language and avoid legalese. Tel: 604-646-7861 provide commentary or news on E-mail: pjordan@bccba.org Offer a print friendly version as a particular subject. Extranets not everyone reads online. contain file information that clients WebSite Biographies can securely access online. RSS is an easy method to Every lawyer needs a well-crafted biography. Your use for news content distribution that allows you online bio should be consistent with your firm’s to read news headlines from your desktop without message in tone and style. It should include your having to browse the Web. Webinars are interactive profile, practice areas, representative experience, client seminars that are conducted over the Web. professional and community activities, and education Building a Web Presence and Bar admission. Assume a potential client may scan your bio rather than read it word for word. If you are unsure how to begin, start with the basics. Keep it brief. A bio tailored to a practice area speaks Identify who your target audience is, then visit other sites to see what works and what doesn’t. How easy directly to a client with a specific need. If you have is the site to navigate? Can you find the information several practice areas, create multiple bios and link you need? Are the main categories intuitive? How each bio to the relevant area of practice. Use a sidebar long does it take for a page to download? You have 5to highlight specific practice experience. BT 10 seconds to grab their attention so your site must be Site du Jour user-friendly. Avoid using unnecessary graphics and The Law Society of B.C. Professional Conduct flash, as they can impede a site’s performance. If you Handbook, Chapter 14: Marketing of Legal Services consistently click the “Skip Intro” link, then assume u u u www.lawsociety.bc.ca/publications_forms/ visitors will do the same on your site. Keep it simple and update often to maintain a competitive edge. handbook/chapter-14.html Ask your receptionist to provide you with the ten most commonly asked questions and then In April BarTalk read Part 2 of Marketing Your Firm include that information under a “Frequently Asked Online. I’ll cover search engines, keywords, online Questions” page. List your representative clients statistical tracking, surveys and more. February 2007 BARTALK

legislative update

acts in force

Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision. You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill number has been given to make it easier for you to note up the Bills you may have in your library.

CURRENT FROM NOVEMBER 7, 2006 – DECEMBER 31, 2006

acts in force

BUDGET MEASURES IMPLEMENTATION ACT , 2006, S.B.C. 2006, C. 2 (BILL 2) Section 6 is in force December 4, 2006. Sections 29 and 30 are in force January 1, 2007

FORESTS AND RANGE STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 13 (BILL 9) Sections 7 to 9 and 18 are in force December 6, 2006

L A W W

Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is therefore provided as a benefit of CBA membership. The full version of Legislative Update is now published online, available to CBA members exclusively at www.cba.org/bc.

MEDICARE PROTECTION AMENDMENT ACT, 2003, S.B.C. 2003, C. 95 (BILL 92) Sections 10 and 11 are in force December 1, 2006

MISCELLANEOUS STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 15 (BILL 15) Section 33(a) repealing the description of Sudeten Park, in force December 22, 2006

PUBLIC SAFETY AND SOLICITOR GENERAL STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 28 (BILL 31) Sections 70 and 71 are in force January 1, 2007

REPRESENTATIVE FOR CHILDREN AND YOUTH ACT, S.B.C. 2006, C. 29 (BILL 34) Sections 1 to 5, 7 to 9, 15, 17 to 21, 22 (2), 23 to 25, 29, 30 and 32 to 35 are in force November 21, 2006

Law Week 2007

This year’s Law Week theme is “Access to Justice” and we will be celebrating the 25th Anniversary of the Canadian Charter of Rights and Freedoms. The following are some of the Law Week events being planned across the province: • Open House – Prince George – March 23rd A Law Day Open House will be held at the courthouse and will include a Citizenship Court, a BBQ, mock trials, poster and public speaking contests, displays by local community services, presenters on a variety of justice related topics, and hourly draws. • Fun Run – Locarno Beach Park, Vancouver – April 1st A Law Day Open House will be held at the courthouse and will include a Citizenship Court, a BBQ, mock trials, poster and public speaking contests, displays by local community services, presenters on a variety of justice related topics, and hourly draws. • Dial-A-Lawyer – Province Wide – April 21st • Open Houses – Vancouver, Victoria, Dawson Creek, and Fort St. John – April 21st • Student Mentor Program – Lower Mainland – April Volunteers are needed to spend a half-day with high school students or attend a high-school class. Detailed information about all Law Week events and volunteering opportunities, as well as information about how to become a Law Week sponsor, can be found at www.bclawweek.org. 14

BARTALK February 2007

Suzanne Williams

guest

Hearing From Children Takes a Proactive Approach

“

Where children’s rights are at stake, perhaps more than anywhere else, reactive legal solutions are inadequate. It takes proactive attitudes in lawyers and judges to bring children’s problems to light and to find solutions to them.”

views for consideration. Together with members of the Kelowna legal community, and in particular the CBABC Family Law and Alternative Dispute Resolution sections, clinical counsellors and judges, IICRD built on this Chief Justice Beverley McLachlin, practice to create the “Hear the Supreme Court of Canada Child” interview pilot. This involved creating a roster of B.C. lawyers and judges can be interviewers, providing interSuzanne Williams is a lawyer proactive in supporting a child’s viewer training, establishing a and Deputy and Legal Director right to participate in family system for the verbatim views of of the International Institute for justice proceedings. How best children aged eight and older to Child Rights and Development to do it remains a challenge be obtained and provided to the (IICRD) based at the Centre for for most. This is a finding in, parties and judge, and raising Global Studies at UVIC. awareness within the legal comThrough the Eyes of Young People: munity. Initial feedback and support by the B.C. Meaningful Child Participation in B.C. Family Attorney General resulted in the pilot being extended Court Processes – www.iicrd.org/familycourt, a report from three months to one year ending in 2006. of the International Institute for Child Rights and While the pilot has concluded, many participants Development (IICRD) based at the University of are continuing the practice because of it benefits. Victoria, and part of a project funded by the Law IICRD will release an evaluation of the pilot in 2007. Foundation of British Columbia. Key advisors to the Better equipping lawyers and judges is a project include Hon. Chief Judge Hugh Stansfield of starting point for proactive attitudes on children’s the Provincial Court and B.C. lawyers. participation, particularly when just one caring The report captured views from more than 150 adult can make a positive difference to a child’s B.C. lawyers, judges, children, and service providers experience. According to one child, “I was so happy involved in family justice matters. It draws on law that someone was listening to me finally. You know, supporting children’s participation, as well as research of all the people involved [social workers, foster highlighting the protective nature of children’s parparents, etc.], he [the judge] treated me as if I was an ticipation and its positive impact on decision-making intelligent young man which was very different than and determining a child’s best interests. Despite these my other experiences where people in the system positive findings, improvements are needed in B.C. to were treating me as a young child.” Education, overcome barriers such as a fear of harming children, training, practice standards, and a framework for lack of time, lack of resources, and lack of training all stakeholders are some of the ways that the adults for those speaking to or impacting children. can be better equipped. In this regard, IICRD is Some barriers are addressed in a proactive developing education modules that will be piloted practice in Kelowna that involves an independent party interviewing a child affected in a custody/ and launched in partnership with the Continuing access case and providing the judge with the child’s Legal Education Society of B.C. in 2007. BT February 2007 BARTALK

guest

JAMES BOND

Viva Lex Vegas Review

lashing lights, ringing an enjoyable legal education bells, confetti cannons, program in an interesting location intriguing speakers, that appealed to membership comfy beds, great food, from across the province, whether friendly faces, good laughs, and a they be sole practitioners, ingreat location. house counsel or members of firms. For those of you who were A Conference Committee was unable to join more than 70 of quickly struck and set to work your colleagues from around the (Jennifer Weber, Brian Rodriguez province (and elsewhere) in Las and Frank Kraemer, QC of the Vegas, Nevada in November, that’s CBABC office, together with Joshua James M. Bond the quick 20-word summary of the Barwick, an enthusiastic practicum CBABC Executive Officer CBABC inaugural Conference, student from my office at Lang Viva Lex Vegas Conference Chair “Viva Lex Vegas.” Michener LLP and myself). Six It was only about eight months ago that the months of frenzied planning later, over 70 particiExecutive Committee pants (and more than of the CBABC decided 30 spouses and signifito try something a little cant others) converged different, and hold a at the Mirage Resort in conference that comLas Vegas Nevada. The bined continuing legal educational programeducation programming was staged over ming with social and two days, and consisted networking opportuniof a combination of ties in a location that top-rated local speakers would be appealing to and internationally our members. known-speakers from What eventually around the United became known as “Viva States. The formal Lex Vegas” was in many continuing legal eduways a first for the cation programs ran CBABC, but was also for slightly over a in some ways a return half-day on each day to its recent history, and (ending with a keynote previous “Mid-Winter lunch), so that partiTop left: CBABC Executive Director Frank Kraemer, QC Meetings” which were cipants had ample time thanks speaker Bill Kaplan, QC. Top right: Delegates networking during lunch. Bottom left: David Bilinsky held annually in varifor socializing. addresses Technology Issues for Lawyers. Bottom right: ous locations around An effort was made James Bond thanks popular speaker Berkey Belser of the province. The goal to give participants Greenfield Belser, Ltd. was to put together part of the afternoons

BARTALK February 2007

off for socializing and sightseeing, and evening it, so electronic surveys were sent to all participants programming was centred purely around enterin the week following the Conference. We had a 42 taining and networking. There was little per cent response rate on the survey, and we are “old Las Vegas glitz” (mixed in with some “old pleased to report that the Conference itself, as well Las Vegas cheesias the location, the ness”) at the programming and opening cocktail the socializing all reception, which received extremely was held at the high marks. In Liberace Museum fact, 98 per cent on Friday night. of the respondents Saturday night’s were “Satisfied” closing dinner or “Very Satisfied” was the perfect with the expercombination of ience, and 100 great food and per cent of brilliantly funny the respondents speeches (thanks thought the to the Honourable event should be Mr. Justice Rice held again. and the HonourSo for those of able Wally Oppal, you who missed QC). The grand “Viva Lex Vegas” finale of the conin November, and ference for many for those of you was attendance at who joined us the new Cirque de in Las Vegas Top left: Survey said: Fantastic Location – The Las Vegas Strip. Soleil production of and told us Top right: James Bond channels Liberace during the Welcome “LOVE,” set to the to do it again, Cocktail Reception. Bottom left: CBABC Executive Officer music of the Beatles MARK YOUR Arlene Henry, QC and friends at lunch. Bottom right: Cirque de and punctuated by CALENDARS Soliel’s “LOVE” was a fitting finale. confetti cannons and set aside your and streamers. budgets. Planning The Conference Committee was eager to is underway for “San Francisco Style,” the 2nd determine whether participants in Viva Lex Vegas Annual CBABC Conference, November 15-18, 2007 had as much fun attending as we had planning in San Francisco, California. BT

20th Annual West Coast Leaf Equality Breakfast March 16th, 2007 Sheraton Wall Centre, Vancouver, B.C. West Coast Leaf is honoured to have Dr. Sarah Weddington, counsel in the landmark Roe v. Wade case as the Equality Breakfast keynote speaker. Dr. Weddington is an internationally known attorney and spokesperson on women, leadership, and public issues. She is believed to be the youngest person ever to win a case before the U.S. Supreme Court. She is well known for her work on issues affecting women, and has been featured in TIME magazine, The Today Show and Good Morning America. For tickets and more information contact breakfast@westcoastleaf.org or call 604-684-8772 ext. 116. February 2007 BARTALK

guest

PAUL REYNOLDS

A Day in the Life of an In-House Counsel One Lawyer’s Transition to In-house Counsel

&W’s counsel, Joel with policy implementation. For Guralnick has a job example, when Ontario enacted that allows him to be franchise legislation, policies had to involved with many be devised and rolled out in order aspects of the business while conto comply. As a major franchiser, tinuing to be a lawyer. After ten A&W often reviews and revises years in private practice, he wanted its standard franchise and related to go in-house but at a head office agreements. These documents are with a strong executive team a key part of the business as almost – not a branch or Canadian sub. all A&W restaurants are owned As Manager of Administrative by franchisees. Paul Reynolds is a former and Legal Services for A&W Food Litigation is rare and Guralnick general counsel to three Services of Canada, Inc., he has met never goes to court. While Guralnick multi-national corporations. his goal of being involved in the strais involved in disputes, where He serves as secretary to the Canadian Corporate Counsel tegic front end of transactions, not litigation cannot be avoided, it is Association in B.C. and just negotiation and documentation. referred to outside counsel. When consults to companies and He says, “In-house counsel selecting outside counsel, Guralnick directors on managing legal must be generalists but also spehas a database of potential lawyers risk. He can be reached at cialize in areas of most importance and firms. A&W does not have one Paul.reynolds@2nvision.com. to their industry.” With A&W’s or even a few firms who get most strong brand and 670 restaurants of their legal work. They prefer to across Canada, his special areas are franchising, real use the best lawyer in each province for a particular estate and trademarks. issue. Guralnick makes active use of a network in the A&W uses a team approach in management. industry and among franchisors. Guralnick finds himself called into various ad hoc The transition to in-house work has been eased teams to give his input. After only a year at A&W, by his use of networks and mentors. Lawyers at other he has been involved at one time or another in every food companies are graceful in offering each other team in the organization. assistance and tips. He also sought early help from His job is characterized by a high volume of senior mentors here and in the U.S. Guralnick says, transitory matters each day and week. “I am involved “Jon Festinger, now with the Orca Bay organization, with so many issues across the organization. However, has been a great source of advice. He has both the volume of matters necessitates a practical and business and legal experience and was one of my speedy assessment before decisions are taken and law teachers.” the team moves on to other matters. This contrasts In-house positions are now highly sought and with external counsel who typically get called on in B.C., we have seen a mini-boom in organizations larger transactions.” adding in-house counsel. This is evidenced in the Policymaking, policy compliance, and corporate growth of involvement in organizations serving governance are huge parts of the job. He deals with corporate counsel and in the large number of positions departments and teams to make sure that there are advertised in the CBA’s mailings coming with each policies in key risk areas. He also is active in assisting issue of BarTalk. BT 18

BARTALK February 2007

LAUREEN TANG

guest

How to Explain Separation and Divorce A New “Guide for Grown-ups” on FamiliesChange.ca

he FamiliesChange.ca guide, parents prepare themselves website, developed in for the emotion and confusion partnership with the often experienced by children Law Courts Education during this difficult time. Society of B.C. and Ministry of Professionals who deal with Attorney General, now offers families experiencing separation information to adults on how to or divorce can access the websites, explain separation and divorce to which were carefully crafted with their children. child development expertise. Designed to compliment They provide clear and objective information in a way that appeals A Kids’ Guide to Separation and Laureen Tang to young people. The Kid’s Guide Divorce, the Guide for Grown-ups Communications Project Manager has colorful graphics and cartoon explains how to make effective use Law Courts Education Society characters to lead children through of the FamiliesChange.ca website. of B.C. (LCES) the site. It is available in both an It also provides a list of resources HTML version and an animated Flash version. that explore the subject of separation and divorce. The websites are intended to help facilitate Although some parents work out the details of explaining the process of separation and divorce to their break-up amicably with minimal involvement kids and youth. They may be used to introduce legal of courts and lawyers, others seek legal counsel to information, or to guide children, youth, and parents help them resolve their disputes. Regardless of the in furthering their understanding. situation, the guide suggests using caution when While the laws surrounding separation and referring to legal matters surrounding the separation divorce can also be intimidating for parents, addior divorce in front of children. tional resources such as the Family Justice website at The law sections of the Kid’s Guide are excellent www.ag.gov.bc.ca/family-justice/ offers information resources that clearly explain the legal process about the legal processes involved in ending surrounding separation and divorce to children. both common-law and marital relationships in Children can learn what it means to separate or British Columbia. Please visit www.familieschange.ca divorce, and the difference between the two. Key for more details on how families can deal with words are also offered to give children an understandseparation and divorce. BT ing of what their parents mean when they discuss custody, access, child support, mediation, separation agreements, and divorce. The website also provides The Law Courts Education Society of B.C. is a noninformation about the differences between commonprofit organization providing educational programs and services about the justice system in Canada law and marital relationships, including the fact that and British Columbia. We help the public underthe same custody and access laws apply to both. stand how the justice system works and we also The Guide for Grown-ups recommends handling help those people working within the system to conversations with children about the law and better understand the justice-related issues that separation or divorce with sensitivity – the finality of different people in each community face. Please the break-up may “hit home” for many children once visit www.lawcourtsed.ca for more information. legal matters start being discussed. By reviewing this February 2007 BARTALK

guest

DAVID CHONG

Changes In the Practice of Law In the Last 50 Years

here have been many As great as the changes have changes, one of the been to the equipment used in most obvious of which the practice of law, they are not is in the field of office greater than the changes in the law equipment. The manual typewriter itself. There are many refinements was replaced by electric typewritand developments to the laws ers, word processors, and computthat existed 50 years ago. There ers. High-speed photocopiers and are new areas of law, such as printers replaced carbon paper Aboriginal Law, Constitutional and mimeographs. Law, Human Rights, EnvironCommunications are infinitely mental Law, Internet Commerce, David Chong was born in Lytton, more efficient even if I find ten to name only a few. British Columbia in 1933. digit telephone numbers imposIn 1955, there were approxiAttended UBC (Arts 1954, Law sible to remember. Facsimiles, mately 700 lawyers in British 1954). Called to B.C. Bar 1955. e-mails, and couriers have largely Columbia, today the number Currently an associate at Chen & Leung, Oakridge Centre, replaced Canada Post. approaches 11,000. Advertising Vancouver, B.C. In 1958 I was Junior Defence was prohibited. Regulators now Counsel in an Assize Court must monitor not only the trial. Douglas Brown, QC, a leading lawyer of the advertising in traditional media but also on the time was Senior Crown Counsel. He, his Junior worldwide web. I don’t think that in the 1950s Counsel, my Senior Counsel, and I were having anyone could have predicted the quantity and nature coffee together when the subject of office equipment of today’s advertising. was raised. Mr. Brown said that his office had an Andrew Joe was called to the Bar in 1953. I amazing new machine that automatically typed believe he was the first person from any visible one’s spoken words. This was in the days when minority to become a lawyer in British Columbia. an IBM Selectric was still a radical innovation. I There were 68 persons in my graduation class couldn’t resist joining in the leg pulling and pointed (UBC Law 1954), five were women. On November out that the genealogy section of the machine was 1, 2004, there were 724 students in UBC law school very important. I explained how it recorded the (all years) of which 393 were women (54.4 per cent). speaker’s age, gender, education, racial background, I am not aware of any statistics pertaining to place of birth and other personal information so that the ethnicity of students or lawyers but I have heard the machine could make the necessary adjustments that a group known as Chinese Law Students at for accents. UBC annually sponsor a dinner which is attended by I don’t suppose that dictation equipment has hundreds of students and lawyers. yet attained the degree of sophistication we joked Women and members of all minority groups about half a century ago but I have had dealings now serve at nearly every level of the Bench and with a lawyer whose whole office seemed to be in Bar. Indeed the President of The Law Society of a laptop computer. His mailing address was a Post British Columbia, Anna Fung, QC, is a timely Office Box and he communicated by e-mail and example. BT cell phone. 20

BARTALK February 2007

Civil and Family Law Policy Office

guest

Ministry of Attorney General Consultations on Legislation

he Ministry of Attorney General’s civil and family law policy office is requesting feedback on several potential areas of law reform. The public and legal community are invited to review the ministry website at: www.ag.gov.bc.ca/legislation/index.htm, which contains links to reports and discussion papers relating to the following consultations: Trustee Act

In 2004, the British Columbia Law Institute (BCLI) issued a report entitled, “A Modern Trustee Act for British Columbia.” The report represents the work of representatives of the practicing Bar, organizations in the trust industry and financial sector, as well as the legal academic community. The ministry is reviewing the report and BCLI recommendations and invites comments on the report by March 1, 2007. Wills, Estates, and Succession Law

In 2006, the BCLI issued a report entitled, “Wills, Estates and Succession: A Modern Legal Framework.” This report was developed with the aid of volunteers from the practising wills and estates Bar, the Society of Notaries Public of British Columbia and legal academics with expertise in succession law. The ministry also invites comments on this report by March 1, 2007. Limitation Act

The ministry has prepared a green paper, at the above-noted website, on possible reforms to the Limitation Act to address the following concerns: • the Limitation Act is over 30 years old and has not been comprehensively reviewed since its introduction; • other provinces, such as Alberta, Saskatchewan, and Ontario, have recently modernized their limitations laws; • the Uniform Law Conference of Canada has put forward a model limitations statute as

a framework to harmonize limitations law across the country; • the B.C. Law Reform Commission and the BCLI recommended reform of the Limitation Act in 1990 and in 2002; • individuals and organizations have been petitioning the province for change. Family Relations Act

Last February 1, the ministry announced the start of a multi-year review of the Family Relations Act. The goal of this comprehensive review is to modernize the law and support co-operative approaches to resolving disputes, in a statute that is easy to read and understand. The first year of the review has been devoted to research. The review moves into the consultation stage in 2007. The ministry will be posting discussion papers on the above-noted website in three phases – winter, spring and fall: • Winter – division of property, division of pension entitlement and judicial separation. • Spring – parenting after separation (including issues relating to custody, access, guardianship, access enforcement and family violence) and children’s participation (voice of child). • Fall – legal parentage, support, co-operative approaches and other issues not included in first two phases. In addition to the web-based consultation, Nancy Cameron, QC, has been engaged to facilitate consultation meetings with various groups, including the Canadian Bar Association British Columbia family law and alternative dispute resolution subsections. Feedback on all of these consultations will be considered as the ministry develops potential options for legislative changes to these Acts. If you have questions about any of these initiatives, contact the civil and family law policy office by e-mail at: cflpo@ gov.bc.ca or by phone at 250-387-4576. BT February 2007 BARTALK

guest

MURRAY COELL

British Columbia Student Loan Repayment Options for Articling Students

tudent loans are often a perincome and total student debt. son’s first experience with the The average articling student in complexities of borrowing B.C. earns between $36,700 and money – and with repaying $45,000 per year and the average their debt once they are finished debt for those students with loans their post-secondary education. is $34,943. The British Columbia governFor those whose family income ment is committed to helping all is too high to qualify for interest borrowers manage their student relief, however, British Columbia loan debt, no matter what program has two other programs: principal they have chosen to prepare for deferment and extended amortiMurray Coell their future. While people are in zation. The principal deferment Minister of Advanced Education full-time studies, the government program allows payments on the and Minister responsible for pays the interest on outstanding principal of B.C. student loans to Research and Technology student loans, and also has a loan be deferred temporarily. Under the reduction program that forgives some of the principal extended amortization program, borrowers may for students in greatest need. extend the repayment period for their B.C. student Once formal studies have ended, both the loan up to 20 years, providing their principal payprovincial and federal governments offer programs to ment does not fall below $25 per month. help people handle their debt and maintain their credit The B.C. Student Loan Service Bureau stays rating as they start out in their new occupations. in touch with every student who receives a B.C. In British Columbia, 90 per cent of former student loan, and works with them to consolidate students who have taken out loans make their regular their loans and arrange for repayment when they monthly payments on time. But sometimes, through approach graduation. no fault of their own, they may have difficulty with Comprehensive information is also provided their loan obligations. online at www.aved.gov.bc.ca. Students can click on This province has programs to help – including the student financial assistance link to find answers interest relief, principal deferment and extended to such questions as “What is capitalized interest?,” amortization. Most of these programs are available “What is amortization?” and “What will my to law students who are articling, as well as students payments be?” A brochure – The Guide to Repaying in co-ops or medical residencies. Your B.C. Student Loan – is sent to every student, The B.C. interest relief program helps former and extra copies are available from the Ministry of students who are having difficulty repaying their Advanced Education. B.C. student loan because their income is low. Three For copies of the brochure, or more inforcriteria are taken into account: their combined mation about B.C. student loan debt manageminimum monthly payment on the B.C. and Canada ment, contact the B.C. Ministry of Advanced student loans, their gross monthly family income, Education at 604-660-2610 in the B.C. Lower and the number of people in their household. Mainland, 387-6100 in Victoria, and toll-free Although some articling students may qualify at 1-800-561-1818 from anywhere else in B.C. for interest relief, most do not, based on their or Canada. BT

BARTALK February 2007

CALENDAR

Annual Bench and Bar Dinner November 23, 2006

Thomas R. Berger, OC, QC receives the Goyer Award from CBABC President Frits Verhoeven

Hosted by the Canadian Bar Association B.C. Branch and the Law Society of B.C., the 22nd Annual Bench and Bar Dinner was held on November 23, 2006 at the Fairmont Waterfront Hotel. The event offered members of the legal profession and the judiciary a unique opportunity to enjoy an evening of good company and conversation while joining the CBA Executive, Provincial Council members, and Law Society Benchers in paying homage to two worthy award recipients.

In the presence of more than 370 members of the legal profession, Thomas Berger, OC, QC received the Georges A. Goyer, QC Memorial Award, the highest honor the CBABC bestows. Mr. Berger was nominated for the honour by several distinguished judges and lawyers who applauded “his commitment, his passion, and above all his integrity.” Charles Locke, QC, a former B.C. Branch President, was presented the Law Society Award for outstanding contributions to the cause of justice in British Columbia. He was lauded as “a professional of unimpeachable good character.” CBABC President Frits Verhoeven and co-host Robert McDiarmid, QC expressed the gratitude and appreciation of the profession to both award recipients.

(see cba.org/bc for details)

Branch and Bar Calendar

February – March 2007 February 12

CBABC Executive Committee Meeting (CBABC Boardroom)

February 13

Lawyers Assistance Program of British Columbia: Life Balance for Lawyers

February 13

New Westminster Bar Association Meeting (Westminster Club)

February 14

Lawyers Assistance Program of British Columbia: Burns Book Group

February 15-18

CBA Mid-Winter Meeting (Mont Tremblant, Quebec)

February 20

Lawyers Assistance Program of British Columbia: Life Balance for Lawyers

February 28

Fraser Valley Bar Association Meeting (Melange Restaurant, Langley)

February 28

Lawyers Assistance Program of British Columbia: Burns Book Group

March 5-6

International Bar Association 12th International Wealth Transfer Practice Conference (London, England)

March 7

Lawyers Assistance Program of British Columbia: Burns Book Group

March 8

Cowichan Valley Bar Association Meeting (Silver Bridge Inn, Duncan)

March 9-10

CBA National Aboriginal Law Conference (Fairmont Hotel, Winnipeg)

March 12

CBABC Executive Committee Meeting (CBABC Boardroom)

March 13

New Westminster Bar Association Annual Presidents’ Dinner

March 14

Lawyers Assistance Program of British Columbia: Burns Book Group

March 28

Lawyers Assistance Program of British Columbia: Burns Book Group February 2007 BARTALK

member services

Alpine Resort Ski/ Snowboard Passes Get yours now, these will sell out fast!

We’re just halfway through the season, and British Columbia’s world renowned winter sport resorts are getting record snowfall. CBA members throughout the province get some of the best deals around. Whether you spend your winters at scenic Sun Peaks, breathtaking Silver Star, unforgettable Big White, thrilling Mount Washington, or home of the 2010 Winter Olympics Whistler/Blackcomb, there is a resort near you where your CBA membership gives you more than you expected for less than you bargained for. Check the “Member Savings” section at www.cba.org/bc.

Big White / Silver Star Alpine Resorts When it comes to snow, it’s tough to beat Big White and Silver Star. With Big White’s world famous “Snow Ghosts,” Silver Star’s Victorian-inspired accommodations, and both of their breathtaking scenery, it is no wonder that people come from around the world to visit these two world renowned ski resorts. Both mountains are conveniently ski-in/skiout, so the fun never has to stop. The two mountains have been under the same ownership for five years, meaning you get to experience the best of both, and as a CBABC member, you’ll get it for 10 per cent less. Visit the “Member Savings” section at www.cba.org/bc.

Mount Washington Alpine Resort The “Mountain on the Island” has seen incredible growth in its 27 year history, and shows no signs of slowing down. Mount Washington Alpine Resort, located right near the popular Comox Valley, is a fully serviced Alpine Resort located on Vancouver Island with over 1,200 acres of terrain to

BARTALK February 2007

tackle, and CBABC members can now save 10 per cent on every Single-Day lift ticket. Visit the CBABC Member Savings page online to get yours.

Sun Peaks Resort By far the “sunniest” Alpine Resort in British Columbia, with over 2000 hours of sunshine each year, Sun Peaks Resort boasts more than just great mountain weather. With 121 trails to choose from, there is something for everyone here, and its only getting better. The resort is in the middle of huge expansions that will ultimately encompass five mountains, two villages, and one unforgettable experience. CBABC members get even more out of this already incredible resort by getting a full-day of skiing or snowboarding for the Half-Day ticket price. Visit the “Member Savings” section at www.cba.org/bc.

Whistler Blackcomb What can you say about the home of the 2010 Winter Olympics that hasn’t already been said? As one of the world’s top Alpine Resorts, Whistler Blackcomb has a reputation for exceeding expectations, and now CBABC members can be blown away for even less. Members save up to 25 per cent off the ticket window price on lift tickets, EDGE cards, and equipment rentals. Visit the “Member Savings” section at www.cba.org/bc.

Personalized Lawyers’ Cases by Bugatti The Canadian Bar Association is pleased to continue offering the astoundingly popular selection of Personalized Lawyers’ Cases by Bugatti. We are offering a selection of quality, genuine leather bags that can all be personalized with your name, initials, law firm or logo, and all at a heavy discounted price. Bugatti bags make perfect great gifts for others, and when you see them, you won’t be able to stop yourself from treating yourself too. Details can be found online in the “Member Savings” section at www.cba.org/bc.

bar moves | BRAVO

Bar Moves

Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to Bar Moves at cba@bccba.org.

Edward (Ted) G. Mark has joined the firm of McQuarrie Hunter as

associate counsel. Ted practices at McQuarrie Hunter’s 144th Street, Surrey office in the areas of corporate/commercial law, wills, estates and trusts. Megan L. Berntt has recently joined the firm of McDonald & Company

in Vancouver where she will continue to apply her business law experience in their many negotiations with industry on behalf of their Aboriginal clients. Grant Wong has joined Lang Michener LLP as an associate counsel in the

Vancouver office. He joins the thriving U.S. Securities Group to advise Canadian and U.S.-based clients on cross-border securities and corporate finance matters. F. Andrew Schroeder and Monique Pongracic-Speier are pleased to announce that they have entered into partnership as Schroeder Speier, Barristers & Solicitors, with Arnold P. Berry as Associated Counsel to the firm. KRISTIAN P. JENSEN and E. DARLENE McBAIN, formerly of Jensen Carroll Watt, formed their own law firm Jensen McBain Lawyers. They continue to practice law in the areas of Personal Injury, Civil Litigation, and Family Law. Joan Young has moved to Heenan Blaikie LLP where she will continue her practice in employment law, public law, and civil litigation. Shauna Towriss has joined the firm of Clark Wilson LLP as an associate

where she will be practicing in the area of general corporate and commercial law. McQuarrie Hunter welcomed Alexander D.C. Kask into the Partnership. He practices in the areas of business litigation and dispute resolution, insurance and personal injury litigation, human rights and employment law. Sharon MacMillan will practise as a commercial and real estate solicitor

with the firm of Goodwin & Mark in New Westminster. On Oct. 26, 2006, Christopher Lemon was appointed General Counsel and Corporate Secretary of International Forest Products Limited. Previously he was Corporate Counsel. Davis & Company LLP is pleased to announce that Glenn Kumoi, formerly of MDSI, has joined the firm as Associate Counsel in the Vancouver office. Davis & Company LLP (Vancouver office) is pleased to announce that the following individuals have joined the Partnership: Rhys Davies, QC, Litigation, Pension, and Benefit Trusts, Wills, Trusts and Estates; Lloyd Hong, Securities and Corporate Finance, Corporate/Commercial, Mining; Roger Lee, Litigation, Wills, Trusts and Estates. Rhonda E. Quinton has joined the firm of Findlay Gunnell Sandor in

Maple Ridge where she will continue her Wills and Estates practice. Isabel Stramwasser has left the firm of Howard Rubin, QC and

joined the firm of Findlay Gunnell Sandor, where she will continue her litigation practice.

Louise Kim is an associate at Edwards, Kenny & Bray LLP. Over the past year, Louise has provided pro bono representation to dozens of tenants of a Richmond apartment complex. The landlord issued eviction notices to the tenants claiming that their rental units required vacant possession due to renovations. Louise succeeded in defending the tenants’ case at arbitration and in the B.C. Supreme Court. The landlord has since appealed the B.C. Supreme Court decision, and Louise is now representing the tenants pro bono in the B.C. Court Appeal. In all, Louise has provided well over a hundred hours of pro bono legal services in support of the tenants’ fight to remain in their homes. At Edwards Kenny Bray, Louise’s litigation practice otherwise focuses on contract disputes, employment law, family law and general civil litigation matters. Louise was also elected as Treasurer of the Civil Litigation Canadian Bar Association Section.

February 2007 BARTALK

cbabc partners | Membership continued from page 9

Articling Students

CLEBC Update

Rebecca Carroll Davis & Company LLP Vancouver

CLEBC BURSARY PROGRAM EXTENDED TO SUPPORT STAFF

Cameron Elder Harper Grey LLP Vancouver

The Continuing Legal Education Society of B.C. has extended its Bursary Program to include legal support staff. Legal support staff are entitled to the bursary, which provides a 50 per cent discount on registration fees for up to three courses per year (for a maximum duration of five days), if they are employed by or working under a lawyer in good standing with the Law Society of B.C., and both the staff member and the lawyer/employer indicate that the staff member would not be able to attend the course without the bursary. Lawyers are required to be in good standing with the Law Society and unable to attend a course without financial assistance in order to qualify for the bursary. Bursaries awarded to non-lawyers will not count against a lawyer’s personal bursary quota.

Weiguo He Davis & Company LLP Vancouver

CLEBC provides the bursary as part of its efforts to offer outstanding support to the legal profession, and to help members of the profession access CLEBC products and services. More details and an application form are available on CLEBC’s website at www.cle.bc.ca/CLE/Courses/bursary.htm. Alternatively, contact customer service at 604.893.2121 (toll-free 1.800.663.0437 extension 2121).

Section Enrolment BONUS OFFER Winners 2006/2007

Nicholas T. Hooge Farris, Vaughan, Wills & Murphy LLP Vancouver

Shannon Nicola Salter Farris, Vaughan, Wills & Murphy LLP Vancouver Michael James Schalke Fasken Martineau DuMoulin LLP Vancouver

Lisa Kerr Fasken Martineau DuMoulin LLP Laura Track Vancouver Vancouver Ann Lerchs Ningyan Wang Johnston, Johnson & Co Davis & Company LLP Summerland Vancouver Jennifer R. Loeb Bernard & Partners Law Students Vancouver Angela Blake Margot Lorayes Burnaby Specht & Pryer Terrance Cody Vancouver Surrey Ann Madden Fasken Martineau DuMoulin LLP André Duchene Vancouver Vancouver Manjit Grewal Oana Mattman Burnaby Davis & Company LLP Vancouver Daria Polikarpova Vancouver Melissa Nicolls Vancouver Karen Slaughter Vancouver Richard T. Panton Farris, Vaughan, Wills & Murphy LLP Associate Vancouver Sally McDow Sally Rudolf Vancity Vancouver Vancouver Samien Safaei Fasken Martineau DuMoulin LLP Vancouver

CBA members who enrolled in Sections on or before August 15, 2006 were eligible for the draw to win the “Early Bird Sign Up Bonus Offer” of two gift certificates toward CLEBC products and two complimentary one-day CLEBC courses. There were 2,302 Section members entered in this draw. The winners are: 1. Gift certificate for $700 to be used toward any CLEBC product(s) of the winner’s choice: Winnie Sung, Boughton Law Corporation 2. Complimentary registration to a regular, one-day CLEBC course: Miriam Vale, Koffman Kalef LLP 3. Complimentary registration to a regular, one-day CLEBC course, Glen A. Purdy, Majic Purdy 4. Gift certificate for $300 to be used toward any CLEBC product(s) of the winner’s choice: R. Alan Hambrook, Hambrook & Company The CBABC, once again, wishes to thank CLEBC for their generous donation.

BARTALK February 2007

GRANTS APPROVED $20,800 B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION Law Reform/Public Legal Education Program $14,300 DEBATE AND SPEECH ASSOCIATION OF B.C. Law Foundation Cup Debates

The Board of Governors of the Law Foundation of B.C. met on November 25, 2006 and approved funding for a number of continuing programs and projects.

Funding totalling $390,000 was approved for the following four new one-time project grants: $150,000 THE LEGAL HISTORICAL SOCIETY OF BRITISH COLUMBIA Research and Writing a History of the B.C. Court of Appeal

Chair Warren Wilson, QC is pleased to announce that funding totalling $4,202,120 was approved for the following 17 continuing programs:

$100,000 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY Public Interest Articling Fellowship

$3,272,500 LEGAL SERVICES SOCIETY Operating Grant

$90,000 WESTERN CANADA SOCIETY TO ACCESS JUSTICE Transitional Grant

$136,900 B.C. COALITION OF PEOPLE WITH DISABILITIES Advocacy Access Program $166,920 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY Operating Grant $103,300 DOWNTOWN EASTSIDE RESIDENTS’ ASSOCIATION Advocacy Services Program $84,600 LAW FOUNDATION LAY ADVOCACY EDUCATION AND TRAINING FUND Education and Training for Law Foundationfunded lay advocates $65,500 UNIVERSITY OF BRITISH COLUMBIA, FACULTY OF LAW First Nations Clinical Program $65,000 LAW SOCIETY OF BRITISH COLUMBIA CANLII Virtual Law Library $60,800 LAW COURTS EDUCATION SOCIETY Northern Public Legal Education Program for First Nations Communities UNIVERSITY OF BRITISH COLUMBIA, FACULTY OF LAW $60,000 Graduate Fellowships $29,000 Undergraduate Scholarships $25,000 Project Grants $13,500 Entrance Awards UNIVERSITY OF VICTORIA, FACULTY OF LAW $30,000 Graduate Scholarship Program $29,000 Entrance and Renewal Scholarships $25,000 Project Grants

$50,000 COMMUNITY LEGAL ASSISTANCE SOCIETY Public Interest Articling Fellowship

Funding totalling $337,775 was approved for the following three new project grants under the Child Welfare Fund Initiative: Focus on Alternative Dispute Resolution and Aboriginal Children: $192,775 INSTITUTE FOR DISPUTE RESOLUTION, UNIVERSITY OF VICTORIA Family Group Conference Research Project $80,000 OKANAGAN NATION ALLIANCE Mobile Outreach Family Group Conferencing Project $65,000 INTERIOR MÉTIS CHILD AND FAMILY SERVICES SOCIETY Alternate Dispute Resolution Project

For full details of the programs and projects that received funding, please visit the Law Foundation of British Columbia website at www.lawfoundationbc.org.

Notice of New Agreement Bank of Montreal Law Foundation Chair, Warren Wilson QC, commends the Bank of Montreal for its commitment to paying a competitive rate of return on lawyers’ pooled trust accounts. Recognizing the overall impact of protracted low interest rates on the Law Foundation’s revenues, a new interest rate agreement was recently concluded. Thanks go to Marie Noel, Commercial Banking and Area Manager, Cash Management, for the leadership shown in making this new agreement possible. Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to British Columbians, particularly those people who have the greatest access problems as a result of their economic, social, physical or mental special needs. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries. The Canadian Bar Association (B.C. Branch), the Law Foundation, and the Law Society encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.

February 2007 BARTALK

classified ads

FEBRUARY 2007

Services

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: March 9

$25 $50

display

3” x 2.5” CBABC Members/Firms Commercial Organizations

$450 $900

6” x 2.5” CBABC Members/Firms Commercial Organizations Next deadline: March 9

$810 $1,620

insert (all of B.C.)

CBABC Members/Firms Commercial Organizations Next deadline: March 17 Next mailing: April 9

$1,200 $2,400

intellectual property: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca. Eldercare assessment, consulting, care management, seminars. Diamond Geriatrics, Inc. www.diamondgeriatrics.com. 604-874-7764.

Office For Rent – 1040 West Georgia Street. Large “corner” office; Secretarial station optional; Available February 1, 2007; Includes Reception and board room access. Contact Bruce McLeod at bmcleod1@telus.net, or Eva at 604-682-3133; 604-682-3161 (Fax); eeriksson@telus.net.

FOR SALE Executive desk and 3 chairs $2500 obo 604-889-1310.

CBABC 2007 DIRECTORY

OFFICE SPACE AVAILABLE

Direct BarTalk advertising inquiries to: Jesse Tarbotton Communications Co-ordinator Tel: 604-646-7856 or 1-888-687-3404 E-mail: jtarbotton@bccba.org

Busy solicitor seeking litigator with own support staff to share space in character style building in Mission. Growing community, expanding practice, location secured long-term, some referral opportunities. Contact: lawyer_space_share@hotmail.com.

www.bccbadirectory.org

BERGE HORN

LAWYERS & TRADE-MARK AGENTS

J. G ORDON T HOMSON L

CO R P O R A T I O N

B ARRISTER & SOLICITOR R E G I S T E R E D PAT E N T AG E N T REGISTERED TRADEMARK AGENT

Practice Restricted to Intellectual Property Law

Phone: (250) 418-3250 E-mail: gordonthomson@shaw.ca

ASSOCIATE POSITION Berge Horn offers a broad range of legal services for the Okanagan Valley from its office in Kelowna. We have an immediate opening for an experienced associate lawyer. Please send your resumé to: Berge Horn Lawyers & Trade Mark Agents Attention: Firm Administrator 2nd Floor, 215 Lawrence Avenue Kelowna, B.C. V1Y 6L2 or e-mail to info@bergehorn.com

Practice Restricted To WCB Sec. 257 Determinations, Opinions and Court Applications on referral Endorsed by:

Visit Us Online:

BARTALK February 2007

604-267-3033 Claims and appeals Vice Chair at Review Board for 6 years More than 25 years personal injury litigation

Ishkanian & Company Barristers & Solicitors Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca