BarTalk | February 2009

FEBRUARY 2009

volume 21, number 1

New Year Brings Fresh Cuts to Legal Aid in B.C.

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n early 2002 the B.C. Government announced $35 million in cuts to legal aid funding. This took the overall budget of the Legal Services Society (LSS) to under $54 million, a reduction of approximately 40 per cent. The fact the LSS was able to survive this hit to their balance sheet while still delivering reduced but high quality services, is testament to their staff’s commitment to provide legal services to low-income individuals. Despite their resilience, the LSS was thereafter not able to deliver the same level of access to justice to lowincome British Columbians.

Now almost six years later, the public’s fundamental right of access to justice is under a renewed assault. The realities of an ever-increasing demand for the services of the LSS and a legacy of close to a decade of underfunding has forced them to implement deep cuts to their programs and staffing levels.

Cuts include layoffs of 16 per cent of LSS staff in the Lower Mainland, the equivalent of 38 positions, and a drastic reduction in their advocacy efforts designed to integrate legal aid and promote reform in the justice system.

At BarTalk press time, a meeting between the LSS and the Honourable Wally Oppal, QC, Attorney General and Minister Responsible for Multiculturalism is anticipated to discuss the significant increased demand for LSS services and the resource levels required to meet the critical need for these services. The Canadian Bar Association

www.cba.org/bc

B.C. Branch (CBABC) hopes that this meeting will be a first step toward meeting the need for adequate legal aid services.

CBABC President Miriam Maisonville said: “The CBABC calls upon the government to work on an urgent basis with all of the B.C. justice system stakeholders to restore proper funding for legal aid services in British Columbia, crucial to low-income individuals.”

Equal access to all income groups is especially pertinent in these difficult economic times as a greater number of British Columbians are unable to finance legal representation without governmental assistance. This year, the CBABC is focusing on a new confidence in the judiciary, an initiative to which access to justice is closely tied. Fostering faith in a justice system that does not provide access for those most in need is a tall order indeed. The CBABC supports the efforts of the Attorney General and the LSS in working toward a well-funded justice system that provides equal access for all.

To keep up-to-date or become involved in CBABC advocacy efforts and new developments in the practice of law, please visit our website at www.cba.org/bc. As we have throughout our history, the CBABC will continue to draw attention to and advocate for access to justice in B.C. This new year may bring with it new challenges but also new opportunities to strengthen and renew our justice system. BT

bar moves

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Bar Moves

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

Sally Dennis

Lisa Stewart

David Borins

Douglas R. Eyford

Mary Locke Macaulay

Sally Dennis has joined Farris as a partner. She will take on a leadership role in the wealth preservation, business succession and estate planning practice. Sally’s expertise includes advising high net worth individuals and family business owners on all aspects of inter-generational wealth transfer, succession and estate planning, including wills and trusts, philanthropy and corporate reorganizations.

Rolf Warburton recently left the commercial litigation boutique of Patrick G. Guy Law Corp. and now

practises with the Civil Litigation group of the Ministry of Attorney General, Legal Services Branch.

Andrew Mayer has moved from the Vancouver maritime law boutique firm Bernard & Partners to join the

Prince Rupert Port Authority as director, Commercial Affairs.

After 15 years at Terasen Inc., Anna K. Fung, QC has joined the legal team at Intrawest ULC headed up by her former boss, Steve Richards, Chief Legal Officer.

Lisa Stewart has joined McCullough O’Connor Irwin LLP as an associate, where she will continue her practice in the area of corporate and securities law matters.

David Borins has joined Heenan Blaikie LLP as a partner continuing his practice in labour and employment law, civil litigation and international trade law.

Douglas R. Eyford and Mary Locke Macaulay are pleased to announce the formation of Eyford

Macaulay, Barristers & Solicitors. They will be continuing their litigation practices in commercial and aboriginal law at their new office in the Scotia Tower located in Vancouver, B.C. Peter D. Larlee and Ryan N. Rosenberg are pleased to announce that they have entered into partnership and will now practice immigration law as Larlee Rosenberg, Barristers & Solicitors. Vivian Yuen will remain with the firm as an associate.

Health & Wellness TIP Move Smart – Incorporate Physical Activity into Meetings Any meeting that lasts more than an hour should have a physical activity break to keep participants fresh, engaged and energized. It’s especially important to schedule regular activity breaks for meetings that stretch over many hours or days.

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courtesy of ACTNOW BC www.actnowbc.ca

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BARTALK February 2009

FEBRUARY 2009 UP FRONT

2 4 5 6 7

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Bar Moves Letters to the Editor From the President Executive Director Practice Talk

by David J. Bilinsky

Nothing Official

by Tony Wilson

9 On the Web

by Patricia Jordan

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Sections

LEGISLATIVE UPDATE 19

Acts in Force

IN THE BACK

20 22 23 24 25

News Calendar | News National News Member Services Partners | Membership

volume 21, number 1

FEATURED THIS ISSUE From strategies for effectively dealing with stress (p. 12), advice on choosing a care home for an elderly relative (p. 15), tips on incorporating environmental considerations into your practice (p. 13) to guidance on engaging with pro bono opportunities (p. 17), this issue of BarTalk aims to assist readers in effectively meeting professional and personal challenges in 2009. Throughout the year, BarTalk will help you keep up-to-date on new rules and Acts that will affect your practice, including an explanation of Client Identification and Verification Rules that have recently been put in force (p. 18) and our regularly running Legislative Update (p. 19).

12 The Illusion of Control

by Karen Bresler

13

Environmental Contamination

My lands smell funny

by Richard Bereti

14

Canadian Conference on Elder Law

15

Academics, practitioners and other experts gather to discuss adult guardianship law

by Christopher Bettencourt

Some Thoughts on Choosing a Care Home

by Chris Norman

GUEST CONTRIBUTOR

16

Sunny Professional Development in Beautiful San Diego

by Brad Martyniuk

Events | News

17

Pro Bono Opportunities Abound

Classified Ads

by Jamie Maclaren

Continuing Legal Education Society The Law Foundation of B.C.

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18

Client Identification and Verification Rules in Force

by Barbara Buchanan February 2009 BARTALK

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LETTERS TO THE EDITOR

Send your Letters to the Editor to: Jesse Tarbotton, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: jtarbotton@bccba.org

GREEN YOUR BUSINESS – Patricia Jordan (VOL. 20, No. 5)

Thank you for your article called “Green Your Business” in the October 2008 BarTalk. I applaud the CBA’s move to reduce, reuse and recycle. However, let’s focus on the first pillar of “going green” – reduction, and one place that the legal profession needs to most help – reducing paper consumption.

To this end, I am wondering if the CBA could give members the option of receiving BarTalk and all the advertisements that come with it electronically. Think, every BarTalk/ad package is about two centimetres thick... if there are only 1000 CBABC members, that results in a stack of paper 20 metres high! Think of the environmental and economic savings if we reduced that number, even by half.

My firm, like some others, has implemented a green initiative that aims to scrutinize all of our operations and implement “green” alternatives whenever possible. One of our initiatives is to eliminate all of our printed newsletters in favour of electronic distribution. In my view, going “paperless” is one of the most effective ways to “go green.” Of course, this must coincide with the efforts of others (like the CBA and our clients) to adopt and implement effective and reliable software and technology.

More to the point, most of the greenhouse gas emissions that a law firm emits are indirect – they are emitted by our landlords, suppliers and service providers, though at our request or at least, with our acquiescence. To be truly effective, therefore, any effort to “go green” must involve taking a critical look at those we are in business with – i.e. industry associations, landlords, caterers, courier companies, paper and office product suppliers, etc.

There is only so much one law firm can do in order to effect some positive change – but there is strength in numbers – imagine if the CBABC, as our industry representative, helped to facilitate positive action by preferred suppliers. I realize that the slowing economy has focused attention to cost savings. However, efficiency measures pay for themselves eventually, and, paradoxically, now may be the best time to take concerted action – after all, when, if not now, will suppliers and service-providers be hungry enough for our business to listen to our calls for change?

– Michal Jaworski Clark Wilson LLP

From the Senior Editor CBABC staff and the BarTalk Editorial board are actively examining strategies to reduce BarTalk’s environmental footprint while maintaining our service to all of B.C.’s legal professionals. Currently, BarTalk is published with funds entirely derived from our advertisers. However, we are exploring other revenue models as well as enhanced online options (BarTalk is available online at www.cba.org/bc).

In 2008 we began printing BarTalk on FSC certified and recycled stock as a direct result of feedback from members. We welcome your comments and suggestions.

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BARTALK February 2009

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 and is available online at www.cba.org/bc.

BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Jineane Payne Jennifer Weber Editorial Board Chair Dierk Ullrich Editorial Board Members Paul Arvisais Katharina Byrne Carol Anne Finch-Noyes Nicole Holas Beverly MacLean Jack Micner Pamela Murray Craig Watson Michael Welsh Susan Wishart © Copyright the British Columbia Branch of the Canadian Bar Association 2008.

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 6,099 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

MIRIAM MAISONVILLE

from the president

Practice Management in an Uncertain Economic Climate

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The CBABC is committed to 008 was the year for the offering the best for the profession. introduction of a number Our CBABC website home page, of new words – “bailout,” at a quick glance in early January, and not in the criminal law showed several different ongoing sense, “economic recovery” packlearning opportunities touching ages, “stimulus programs,” and on practice management matters the reintroduction of old words – from Optimizing Accounting in “depression” and “recession.” How Your Legal Practice, to a WLF will the economy impact on our dinner meeting and the upcomlegal practices? What steps can we ing Work Life Balance speaker take to ensure a thriving practice?

Miriam Maisonville series. Also posted were volunteerAnd what can the CBA do to assist President 2008/2009 ing possibilities. using Practice Management tools B.C. Branch We’ve also heard it said in these uncertain times to help Canadian Bar Association numerous times – “work smarter, your practice? not harder.” One favourite time-saving tip is to The key in any uncertain economic time is trynever look at a document more than once – act on it. ing to ensure that our practices are as recession-proof Read that email but once, before responding or as possible. Critical to that, of course, is ensuring a filing or deleting it. Also today it is impossible to consteady stream of new working opportunities and sider the area of practice management divorced from new clients. Networking is the mantra of numerous technology. This includes using laptops as much as employment coaches. The networking opportunities possible and more importantly, developing a good at events and Section meetings are invaluable to help electronic filing system for quick retrieval of imporyou create your own networking group. For women, tant items. One of the most successful professional the CBABC Women Lawyers Forum is a fun way to development courses at the CBA annual conference connect with women from all areas of practice. We in Quebec City, concerned advanced emailing and are told by the experts to get involved in our comuse of BlackBerrys. The problem is finding the time munity. Participation in leadership opportunities in to learn all the applications out there available to the profession include CBA committee work, serving practitioners, and this is where the CBA can help on CBABC-appointed bodies and other volunteer by offering more courses such as those offered at the opportunities. Volunteering helps to ensure that popular CBA mid-winter meeting. others know what you do in your practice and your But proper practice management and how-tos calibre of work. serve an even more important purpose. In a world The CBA has a National Section also devoted to where the federal government is warning of further this end. The Practice Management and Technology losses to come, the proper management of your pracSection is concerned exclusively with the business of tice is not just smart but essential. It is also important the practice of law. Areas of focus are of course practice for you so you can find the time to achieve a balance management and include: recruitment and retention of in your personal and professional life. legal talent; marketing of legal services; pricing of legal services; e-lawyering and compensation systems for law I wish you all the best for a prosperous and firm partners and associates and for in-house counsel. healthy 2009. BT February 2009 BARTALK

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EXECUTIVE DIRECTOR

CAROLINE NEVIN

Reputation Matters

Why “branding” is a concept worth your time and investment

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hat do people say measures to determine an entity’s and think about brand. Without consistent care and you? Do you attention by the legal profession, know? Whatever the lawyer “brand” is in danger it is, that’s your “brand.” You can’t of being defined as “self-interestcontrol it. You can’t market or ed monopoly.” We all know that advertise or PR it into something the profession’s standing, and the else you wish they would say. And privilege of self-regulation, is conyou can’t force people to become tingent upon public support. It’s or stay customers if they don’t conimportant that we invest in making nect in some meaningful way with sure that the profession’s integrity Caroline Nevin your brand. and worth are clear to the world Executive Director Branding is a simple term for a (one more reason why your CBA B.C. Branch complex concept. It is not a logo or Canadian Bar Association membership is so important). mission statement. It’s a scientific Your market share process of discovery, clarification The old marketing approach was to say how and integration of what is meaningful about your sermuch better you are than the competition. But vice, into every aspect of what people experience about research shows that the public expects all lawyers you. It’s about getting clear on what your purpose is, to be competent. What they want is a clear meswhat you’re really great at and what you promise to sage about what you’re really good at, the values the world you will always, consistently deliver. you hold, and what you promise to consistently Look at Singapore Airlines (SA) – from the look deliver. From that, they will decide if your brand is and feel of the seat fabric, the quality of food, the a positive fit with their own values and needs. custom-made scent of the hot towels and attendants’ The more consistent you are in articulating and perfume, to the top-to-bottom consistency of the delivering your brand, the more enduring your “Singapore Girls” attendants. The airline’s goal is business relationships. that you instantly associate a whiff of its signature scent, for example, with an experience of relaxation Your firm’s attractiveness and care unrivalled by any other travel experience.

The workforce is shrinking, and “meaningful work,” The success of the SA branding isn’t simply its novel not money, is the determining factor in attracting and courting of all the senses, but its complete dedication retaining good people. A star potential employee’s to ensuring that every single aspect of its business decision becomes easier when an employer’s brand delivers on its brand promise. is crystal clear.

But you’re not in the business of pampering The CBA has just completed a significant brandairline customers, you’re in the legal profession. So ing process, to focus our organization on what we why should you invest some time and thought into consistently and passionately do best for the profession. branding? Three good reasons: For more about what we learned, and resources to Your profession’s standing help you with branding, view this article online at cba.org/bc under Publications. BT We know that in a vacuum, people use their own 6

BARTALK February 2009

david j. bilinsky

PRACTICE TALK

When the Going Gets Tough Getting back to basics…

Whenever you’re in trouble won’t you stand by me Oh, now, now, stand by me…

Words and music by Ben E. King, performed by J. Lennon.

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Don’t forget “giving back,” since a large part of our self-worth is dependent on feeling like you are helping build a better community. By focusing on your targets you ensure that you are not spending time on matters of lesser importance.

aw firms are facing unHave a Plan precedented challenges.

Working until you drop is not a Across the world busigreat plan. The CBA has pubnesses are failing – law David J. Bilinsky is the Practice lished a good booklet on planning firms among them. By all forecasts, Management Advisor for the for your retirement. If you define this recession will be deep and long.

LSBC. Email: daveb@lsbc.org your retirement goals, you can Blog: www.thoughtfullaw.com What could lawyers and law firms start working toward those golden do – now – to improve their financial years – and implement strategies to outlook, for both the short and long term? When times transition your practice over to younger lawyers in a get tough, it is important to come back to business funway that benefits both you and them. damentals to ensure that your foundation is solid and that you have a good base on which to build your future.

Focus on your Key Clients Here is a selection of tips put forward in this regard: No people will be more important to your continued

Build a Budget

Now more than ever before, you need to know the financial road map that you must follow. Place everything under a microscope – and ask if you are receiving a satisfactory ROI on each category on which you spend money. If you are not sure – you need to think about how to measure the results of your expenditures. For example, ask every new client how he or she came to your firm. If no one replies: “I saw your ad in the Yellow Pages,” divert those funds to more successful marketing campaigns.

Define Success

It sounds odd, but how do you know if you are successful unless you define what success is for you? Income and financial terms are only part of the equation. Studies have shown that personal satisfaction derives from other criteria – doing the kind of work that you want to do; having time for personal interests and family, meeting health and travel goals, playing in a band and the like.

success than your key client base. We know from numerous studies that high client loyalty and ensured repeat business is highly dependent on not just meeting but wildly exceeding their expectations. Accordingly, seek out opportunities to meet with your key clients and ask the hard questions that you need answered to ensure that you are not just meeting their needs. But be prepared – once you ask what you can do to improve your service, you need to follow through as these same clients will be watching you to see if you are going to walk your talk.

Protect your Key Assets

Every firm has certain key people whose loss would disproportionately affect the entire firm. Engage these individuals and take steps to reassure you and them that the relationship will continue for the foreseeable future.

While all of us are facing the same economic troubles, it is comforting to know that you have your goals, a good plan, good clients and good staff to stand by you. BT February 2009 BARTALK

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nothing official

TONY WILSON

Charlie Don’t Skate

Time to start thinking about Post Elizabethan Canada

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y only real-life expethe country of A-Levels, cricket, rience with Her Lordships and Knighthoods seems Majesty Queen just too far removed from the world Elizabeth 2nd was of Alberta oil, Quebec, and the during her 1971 tour to mark Stanley Cup. (Face it. Anaheim is B.C.’s 100th year in Confederation. more of a hockey town than London I was a drummer with the is.) And if you read the U.K. papers Lansdowne Junior High School on the web as much as I do, you’ll Band in Victoria, which was royalknow the Brits are more interested ly tasked with playing some music in Europe and the U.S. than with for the Queen near the Provincial anything that happens in Canada.

If you agree with Tony’s views Museum. As she strolled by, a gust Prince Charles seems to be a fairly this month, send a copy of this of wind came out of nowhere, and nice chap, despite talking to trees, article (or its link on the web) to your MP, your MLA and the my sheet music lofted above fellow and his thing with polo. He does media.

If you don’t agree, write drummer Iain Benson (of the B.C. good charitable work, and I recall he BarTalk an email and let them Bar), toward trombonist Dave was once married to a Princess. But know why.

Reid (also of the B.C. Bar), past the world of polo and Princesses is French Horn player Terry King the world of my long dead English (also of the B.C. Bar), eventually blowing almost grandparents, who came to Canada to colonize it as as close to the Queen as the shoe that was recently part of the Empire. The sun has set on that Empire. winged at George W. Bush. The Queen looked at The Queen is 83, and God Save Her. Keep her me as if it was my fault (it was), and I’m sure she’d be photograph up in the lobby of government buildamazed to know that so many members of the same ings to confuse the Americans. Keep her picture Junior High School band that played for her in 1971 on the money to confuse us. Allow her ostensible eventually became B.C. lawyers. doppelganger, the Governor General to prorogue Since that windy day almost 40 years ago, I’ve Parliament in her name to confuse the media. had to deal with Her Majesty in numerous pleasant But when she passes on, as she must, so must we. ways, including taking oaths, drafting contracts and We must sever the formal constitutional relationship registering trademarks in her name. By all accounts, we have with the House of Windsor and send King Her Majesty is a pretty nice girl, but she doesn’t have Charles a diplomatic note (by polo pony express!), a lot to say for Canada anymore; a country that has that he and his heirs won’t be Kings of Canada or more or less outgrown the monarchy of its grandparits provinces. We’ll keep our membership in the ents. Don’t get me wrong. I’m not anti-monarchy.

Commonwealth. We’ll keep the “British” in British It’s just that it’s not our monarchy. “But it’s the mother Columbia. We’ll even keep giving out QC’s. But we’ll country,” I hear some of you say. So why have the find a new name for the Governor General and the Queen as our Head of State, the monarch of a counCrown, and with good wishes and good intentions, try that won’t let us get off the plane at Heathrow it’ll be the right time to say good-bye, so long, and without a passport? Some mother! Some country!

Good Luck Chuck when the Elizabethan era ends.

There really isn’t much left that binds Canada You see, Charlie don’t skate. He plays polo. And to the U.K. anymore. It’s a great place to visit, but that kind of says it all, doesn’t it? BT 8

BARTALK February 2009

PATRICIA JORDAN

ON THE WEB

Practice Resources

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t the Canadian Bar Association (CBA), we are working to provide better access to resources that will assist you in your law practice. I invite you to visit CBA websites and explore the wealth of information provided online. Here is a brief introduction to a few practice resources at cba.org/bc.

CBA PracticeLink: Starting Out

client communications, particularly when their clients’ literacy skills may not be adequate to deal with written legal material. Lawyers who want to learn more about adapting their practice procedures can get a free copy of the kit by calling 604-6873404 or toll free 1-888-687-3404.

Practice Advisory Panels

Practice Advisory Panels (PAP) are listings of senior practitioners who volunteer to assist other lawyers seeking advice on a particular aspect of the law. The PAP member has usually practised for more than 10 years, and is generally experienced enough in his particular area of law as to be capable of making a CLE presentation on the subject. A list of lawyers is available in “Practice Resources.”

Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions.

Tel: 604-646-7861 Email: pjordan@bccba.org

Whether you are starting your career or charting a new career course, firsts can be challenging.

CBA PracticeLink has several insightful articles that focus on new lawyers as well as solo and small-firm challenges. Recent articles include: • Better Public Speaking for Lawyers • Independence Day: Starting Your Own Law Firm • Secrets of the Business of Law – Opening Your Own Office: What Will It Cost?

• Solo Practitioners Explore a Range of Networking Options • Starting a New Firm: Top Ten Mistakes to Avoid and Top Ten Tips for Success • What You Didn’t Learn in Law School: Top Tips for New Lawyers Media Relations Kit

Whether you initiate contact or a reporter calls you, you need to have a clear understanding of your ethical limits as a lawyer and the key messages you or your client want to get across. This kit offers media relations tips and the basics of what to do when you are on camera, on the air, or on record. Learn more in “Information Kits and Standard Forms” under “Practice Resources.”

Lawyers for Literacy Project

This Branch initiative helps lawyers improve their

CBA/CBABC Section Listservs

Section listservs are discussion groups that come to you through your email. They are provided and administered by CBA for the professional benefit of its members. Section listservs are intended to provide an effective and active vehicle for member communications respecting professional interests, including matters of law, practice and procedure, and legislative developments. Visit “Practice Resources” at cba.org/bc for information about listservs.

 Site du Jour

Site du Jour CBA PracticeLink: www.cba.org/cba/ PracticeLink

CBA’s national award-winning online collection of practical articles, tools and tips on law practice management.

Topics include clients, finances, leadership, life balance, marketing, people, starting out, trends/ideas and technology. BT February 2009 BARTALK

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sectionS

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province.

For enrolled CBA members, more detailed information and available minutes from the Section meetings go online to www.cba.org/bc in Sections under Professional Development.

ABORIGINAL LAW – VANCOUVER Meeting: December 10, 2008

From left to right: Ming Song, Michael McDonald

Speaker: Michael J. McDonald, McDonald & Company Topic: Implementing Agreements: Structuring and Negotiation of First Nations Businesses and Joint Ventures

Michael McDonald addressed the Section about the various steps to maximizing business opportunities for First Nation businesses arising from various Impact Benefit Agreements and Accommodation Agreements.

This informative session provided practical and handson advice on structuring options for First Nations’ businesses, maximizing business preferences and negotiating joint ventures, including a review of sample agreements and Memoranda of Understanding. In particular, based on his many years of experience in organizing and establishing aboriginal corporations and businesses, Mr. McDonald discussed the contracting procedure of Open Book Negotiations, which he has found successfully maximizes and promotes First Nation opportunities for businesses that are owned or

controlled by the First Nation or its members while not unnecessarily increasing project costs. Aboriginal law lawyers also benefited from Mr. McDonald’s practical tips on negotiating joint ventures including a discussion on key business terms of a joint venture that is created in order to take advantage of business opportunities in various IBA’s or other Accommodation Agreements. The session ended with a review of a sample MOU and precedent covering letter from an Aboriginal business to a prospective co-venturer.

Administrative Law Meeting: December 1, 2008 Speaker: James Casey, Managing Partner of Field Law in Edmonton

Topic: The Effective Advocacy of Jurisdictional Objections to Tribunals

Mr. Casey, author of the Regulation of Professions in Canada and A Guide to the Health Professions Act is an expert in administrative law, labour law and alternate dispute resolution. He provides advice to professional organizations and has appeared before numerous administrative tribunals and courts including the Supreme Court of Canada. The topic canvassed the challenges associated with making a technical, legal objection to a tribunal which is not legally trained. This practical presentation, attended by

Section Chairs

SPOTLIGHT

Charlotte Salomon

Charlotte, a partner at McConnan Bion O’Connor and Peterson Law Corporation with whom she articled in 1995, is in her second year as Chair of the Civil Litigation – Vancouver Island Section. She just completed her term as President of the Saanich Gulf Islands Federal Liberal Riding Association and prior to that, was President of the Victoria Federal Liberal Riding Association. In addition to being a Section Chair, Ms. Salomon’s involvement in the CBA currently includes participation on the B.C. Branch Government Relations Committee and Court Services Committee. Charlotte, an Executive member of the Victoria Bar Association since 2003, is presently the Vice-President and is expected to be President in 2010. As a mother of two preschoolers, when she does have free time, she enjoys jogging, event planning and public speaking.

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BARTALK February 2009

50 Section members, and several by Webinar, included a discussion of how to effectively make representations to the tribunal on jurisdiction without alienating the tribunal from which you are hoping to obtain a positive ruling on the merits. An outlined copy of Mr. Casey’s presentation included details of “Preliminary Considerations,” “Jurisdictional Objections on Which the Advocate Anticipates Failing at the Tribunal Level” and “Jurisdictional Objections on Which He Hopes to Succeed at the Tribunal Level.” His presentation focused on cases where the admin-istrative tribunal had a lay (nonlawyer) component; in that event the strategic considerations are particularly acute, but are also applicable to tribunals whose members are lawyers.

Computer Law, Business Law, and Corporate Counsel (Jointly) Meeting:

that may pose a threat before a patent troll has an opportunity to acquire it; conducting “freedom to operate” searches in order to better assess the risk of conducting business in a certain area; and structuring contracts to mitigate the risks of patent litigation, such as by including indemnity clauses with suppliers.

Reactive strategies included the topics of how to analyze and respond to an initial cease and desist letter; when and how to settle patent troll litigation; and the advantages and disadvantages of unilaterally commencing patent impeachment proceedings or an action seeking declaratory relief. This well-attended lunch meeting addressed a timely and important issue to practitioners of all three Sections.

Family Law – Vancouver and Westminster (Jointly) Meeting: December 3, 2008 SpeakerS: The Honourable Madam Justice Boyd, The Honourable Mr. Justice Brine Topic: Judicial Case Conferences and Spousal Support Advisory Guidelines: Perspectives from the Bench

This joint dinner meeting at the Hart House Restaurant in Burnaby was attended by 70 Family December 10, Law Section members and was sold-out two weeks 2008 prior to the event. Mr. Justice Brine commented that Speaker: Brian Lee: Partner, Lawyer and Patent the Spousal Support Advisory Guidelines (SSAG) Agent with Gowling Lafleur Henderson LLP have been embraced by the B.C. courts and are now Topic: The Patent Troll: Strategies and Tactics for routinely cited according to the authors, Professors Dealing with “Non-Practicing Entities” Rollie Thompson and Carol Rogerson. B.C. has Mr. Lee’s presentation included discussion on the generated the most decisions referencing the SSAG legal and economic context in which patent trolls which is a useful tool in determining quantum and emerged; proactive and preventative strategies that a duration of support. Significant discretion is allowed business can employ to mitigate by judges in awarding spousal the threat that patent trolls support in consideration of the Section Name Change represent; strategies a business individual circumstances of each A Resolution was passed at the should consider when a patent case. Parties with reasonable December 6, 2008 Provincial troll alleges patent infringement; expectations can more often Council meeting changing the name and how a recent en banc United resolve issues without recourse of the Poverty Law Section to the States Federal Circuit Court of to the courts. Judicial Case Social Justice Section which was Appeals decision, In re Bilski, may Conferences (JCCs) which began proposed and unanimously agreed weaken the legal position of many in Westminster County grew to upon by Section members at their patent trolls. In particular, Mr. become a valuable tool controlling September 10, 2008 meeting.

Lee noted that financial service and managing the chambers providers, software developers, and trial lists. In Madam Justice online retailers, and businesses that provide services Boyd’s experience the settlement rate for JCCs is over the Internet are those businesses that are around 75 per cent. Litigants appearing at JCCs begin particularly vulnerable to patent trolls. Proactive to understand the high cost of appearing in court and strategies for dealing with patent trolls were discussed are surprised that so much can be accomplished at a including acquiring or licensing intellectual property JCC, resulting in savings of legal fees. BT From left to right: Prentice Durbin, Roch Ripley and Brian Lee

February 2009 BARTALK

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FEATURE

KAREN BRESLER

The Illusion of Control

The Questions

place of your values, you do have control. You have control over your Do you get stressed when your own thoughts, your own reaction, clients are late? Do you want your your words and actions. work colleagues to be more like Slowing down and being in the you and less like themselves? Do moment takes practice. Take this your colleagues, friends or family very moment to appreciate it fully. do “stupid” things and you want to Breathe it in. Feel it in your body. yell “I told you so!” Ultimately, are This very moment is your life. You you feeling angry, stressed, overwill never have this moment again whelmed and overscheduled? so make it count. Treat it with Karen Bresler, B.A., LLB, The Problem deep appreciation and reverence.

Life Coach, Ignite Coaching Inc. If you said yes to any of these quesOur future hinges on our www.ignite-coaching.com tions, you may be suffering from choices. Your words, thoughts, a normal human tendency which reactions and actions are all choicis to attempt to control situations according to your es over which you have control. Try this four step version of how things should be. You may not even approach now: be aware that you are attempting to control things; 1. Close your eyes and take a deep breath, from you simply get frustrated and irritated when you can’t the belly up; repeat a few times to calm and have things your way. The problem is everyone has centre yourself and to take in the quiet; their own version of how things should be and there 2. Say silently or aloud: “I have control over my are as many versions as there are people. It is a huge thoughts, my reactions, words and actions”; illusion that we can control people and situations. The 3. Ask yourself: “What can I let go of here?” only thing you can control is yourself.

4. Choose your words, thoughts, reaction and actions in response.

The Solution If you think you need a moment, ask the other The solution is twofold. person to give you one. Take that moment. Let the 1. Get clear on your values; other person know you are taking some time to prop2. Slow down to being in the moment. erly consider their request or Getting clear on your values situation. Telling them this is means that you will take deci“Success isn’t a result of what you are doing creates a sions and make choices from a spontaneous combustion.

You framework in which you can powerful space – a space that must set yourself on fire.” both be heard and decisions honours what is hugely imporand choices can be made from tant to you. Sadly, a lot of people – Arnold H. Glasgow a powerful space as opposed never take the time to get clear to a controlling space. Does on their values and then make this mean that you are compromising or giving up? decisions or choices not knowing whether the deciActually, it means that you are focusing very closely, sion or choice honours their values – or not. Their life using your own unique powerful thoughts and words reflects the results of those decisions or choices. When to create empowering reactions and actions. BT you make decisions and choices from the powerful 12

BARTALK February 2009

RICHARD BERETI

FEATURE

Environmental Contamination My lands smell funny

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awyers like chasing down flags, such as former automotive “environmental angles” repair activities or ownership by on their files just about as an energy company, then further much as they like chasing investigations can be undertaken tax angles. Whether it’s a corporate or or the purchase abandoned. Risk commercial transaction, or a matter can also be measured through the dealing directly with real property, testing of soils, search for underclients these days need guidance on ground oil tanks and by searching lurking environmental issues. the contaminated sites registry and A convenient example is one other public records.

Allocating Risk: Someencountered every day by commerRichard Bereti is Chair times, however, with or without cial solicitors: the purchase and sale of Harper Grey LLP’s investigating the environmental of land. If there is one thing unwitEnvironmental Practice Group status of a given site, a purchaser ting purchasers of contaminated and Adjunct Professor of environmental law at UBC. will want to buy real property that land have in common, it is that carries a degree of environmental each wishes they had simply found risk. One way of addressing this is to propose that out before closing that the site was contaminated. the seller either reduce the price or clean up any There are some obvious steps one can take which will contamination or potential contamination by a date provide insight into that which you simply can’t see.

Responsible Persons (RPs): RPs are defined certain (subject clause or term of agreement). in the Environmental Management Act (EMA) as curIf the seller is prepared to share “potential” risk, rent and former owners, operators, producers and a purchaser may seek an indemnity from the seller transporters connected to a “contaminated site.” They which would see the seller receive full price for the are jointly, severally, retroactively and absolutely liaproperty, but would allow the purchaser to, in effect, ble. The purchaser of contaminated land is a current claw back some of that money if the purchaser is faced owner and is potentially responsible for cleaning up with environmental liability in the future. Indemnities the site even having played no role in polluting it. can take many forms and are as varied as the circumInnocent Purchasers: However, the EMA stances of a given case and the imagination of counsel. and its closest friend, the Contaminated Sites The EMA does not reward risk-takers, but does seek Regulation (CSR), provide some innocent purchasto support business decisions made by those attempting ers with an escape route in the form of an exemption to manage the risks inherent in many corporate, comfound at Section 46 (1)(d) of the EMA and 28 (a) of mercial and real property transactions. The EMA does the CSR. Together, they essentially exempt from not completely ignore contract or common law, nor does liability a purchaser who is not a polluter and, before it attempt to strip the court of its equitable bent. Rather, buying, took all reasonable steps to determine prior terms such as “just” and “fair” are explicitly used to owners and uses of the site, and undertook other guide the court in allocating liability amongst RPs. investigations to minimize their potential liability.

Client protection in these cases starts with the Investigations: With modern technology, obvious – and this is often enough. However, when ascertaining prior owners and uses can be done in a the easy questions reveal an odour, tear it down and relatively efficient manner. If the results reveal red let in the light. BT February 2009 BARTALK

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FEATURE

Christopher Bettencourt

Canadian Conference on Elder Law

Academics, practitioners and other experts gather to discuss adult guardianship law

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he fourth annual focusing on the need for Canadian Internaincreased legal services for tional Conference seniors. This session discussed a on Elder Law was variety of ways to involve comheld November 13-15th, 2008 munity, volunteers, students, World study group attendees at the Sheraton Wall Centre and others in providing access in Vancouver. The event was to justice for seniors. Joan hosted by the Canadian Centre for Elder Law, which Braun, Executive Director of the B.C. Centre for Elder is a division of the British Columbia Law Institute.

Advocacy and Support, reported on the new B.C. Elder The conference brought together lawyers, communiLaw Clinic, which now joins Toronto based Advocacy ty members, health specialists, researchers, and older Centre for the Elderly (ACE) as the only legal aid adults to examine issues of law and ageing within clinics in Canada to provide such service to seniors.

Canada and around the world. The conference, held Oliver Lewis, Executive Director of the Mental in conjunction with the International Guardianship Disabilities Advocacy Centre (Budapest) gave an Network, drew more than 150 experts from across excellent overview of his work on modernizing Canada, the United States, Australia, Europe, the guardianship legislation in Eastern European nations.

Middle East, Caribbean and Asia to discuss this Through test cases, public education, and lobbying year’s theme – adult guardianship. efforts he is pressing governments to modernize their The conference began with a well-attended guardianship regimes, as many people with capability World Study Group, which is a forum in which acaissues are having basic civil rights taken away. demics from around the world can discuss developPeter Whitehead, Public Trustee, NSW Australia ments within their jurisdictions. The event was also and Sue Field, Public Trustee Fellow in Elder Law the launch of Theories on Law and Ageing, edited by and Anita Smith, President, Tasmanian Guardianship Dr. Israel Doron and published by Springer.

Tribunal all provided key insights into the Australian With the theme of the conference focused on guardianship models. Dr. Makoto Arai delivered the adult guardianship, special attention was made to first International Guardianship Network lecture, the upcoming changes in British Columbia’s guarddiscussing the Japanese model of guardianship and ianship regime. B.C.’s Public Guardian and Trustee the need for increased long-term care in Japan – Jay Chalke, QC and Dr. Robert Gordon, Director, which has one of the oldest populations in the world.

School of Criminology, Simon Fraser University, The conference was highlighted by addresses gave a legislative update on the changes to guardianfrom speakers such as the Honorable Alexa ship, personal care planning, and care facility admisMcDonough, as well as media wunderkind Moses sion once Bill 29 is brought into force. International Znaimer. Mr. Znaimer has recently become the presiguardianship recognition and the “portability” of dent of the Canadian Association for Retired Persons, guardianship plans across borders were also discussed and in that capacity gave a dynamic dinner address folin many plenary and workshop sessions. This is an lowed by questions and answers from the attendees. area of growing importance as older adults and their Thank you to all attendees and sponsors for a supporters are increasingly multi-jurisdictional. highly successful event. For more information on past Canadian Bar Association National Elder Law and future conferences, or to access conference materiSection President Judith Wahl moderated a session als please visit BCLI’s website at www.bcli.org/ccel. BT 14

BARTALK February 2009

CHRIS NORMAN

FEATURE

Some Thoughts on Choosing a Care Home

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other was in the • Is the home accredited by Accrehospital after falling ditation Canada’s nation-wide and breaking her standards of care and service? hip. A few months • Is the atmosphere happy and later, she is still confused and homey? disoriented. Or perhaps Dad • Are staff welcoming and helpful? is losing weight and looking • Is the location of the home haggard as he copes with his convenient for visiting friends wife’s deteriorating health. These and relatives? are two common situations that No care facility will meet lead Canadian families to the every family’s criteria, but the goal Chris Norman, Administrator inescapable fact that it is time to is to get the best match possible. Of St. Jude’s Anglican Home choose a residential care home. course, the choice of care homes is Finding a care home that best fits the elder is an very limited in smaller centres and rural areas. important and usually stressful task for family memIn British Columbia and other jurisdictions, bers. For most people, care homes are completely admission to a care home is on a “first available bed” unfamiliar territory. Ask friends and neighbours, system. If care is urgently required, the expectation is physicians, social workers and others in the healththat the elder will be admitted to any bed that is open care field for recommendations. Most homes have with the option to transfer to their preferred care regular tours during the week that must be booked home at a later time. Some care homes have “private in advance. Review their websites and request writpay” beds that allow the elder to be admitted to wait ten material to discuss with those involved in the for a government funded bed to become available. decision-making process.

Fees for private beds currently start at $5000. Keep What are the priority considerations to ensure the in mind that admissions are handled differently elder’s safety and satisfaction with the home? What depending on your health region and province. about the family members’ concerns to provide the best Preparing an elder for a move to a care home environment possible for their parent or spouse? Here depends greatly on their attitude toward the move. are some features to discuss as a family and prioritize: Some will merely need assurance that their favourite • Can cultural, language or religious needs be met? items will accompany them and friends will still • Is the facility secure? Is it equipped to deal with visit, while those with advanced dementia may need wandering patients? a family member present to assure them that this • Is there an opportunity to access a private room is their room, and their new home. Whatever the if admitted to a shared room? approach, if it is done with the utmost care for the • How many hours of nursing care are provided elder’s well-being and the knowledgeable assistance each day? For example, in the Vancouver of the care home’s staff, it will be the best possible area, the average is 2.3 hours per day while in transition to their new home.

Ontario 3.2 hours are funded.

For more information on home and commu• Does the social/recreational program contain nity care services go to http://www.health.gov.bc.ca/ familiar and engaging activities throughout the library/publications/year/2007/Guide_to_Your_ day and evening?

Care_Booklet2007_Final.pdf. BT February 2009 BARTALK

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Guest

Brad Martyniuk

Sunny Professional Development in Beautiful San Diego

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he 2008 CBABC The Westin San Winter ConferDiego is situated near ence, the Spirit the Gaslamp Quarter, a of San Diego, premier dining, shopping was held on November and entertainment district 21 and 22 in Southern which provided a truly California at the Westin eclectic blend of food, fun San Diego. The conferand culture, all within one Co-Chair Brad Martyniuk and Lieutenant ence featured a number of of San Diego’s most hisCommander William Kuebler speakers from the U.S. and toric areas.

British Columbia, includAttendees were proing the Honourable Wally Oppal, Attorney General vided with a unique opportunity to mingle with of B.C., and the Honourable Mr. Justices Hinkson colleagues of the Bench and Bar and their Attorney and Myers of the British Columbia Supreme Court.

General at social events during the course of the The conference seminars covered a broad range of conference. At the closing dinner, attendees were legal issues, including such topics as judicial activism, addressed by guest speaker, Lieutenant Commander document management, ethics, lawyer marketing William Kuebler, a U.S. military lawyer, who proand electronic discovery issues. vided some insight into the international legal issues The conference was attended by more than 75 involving the U.S. prosecutions of Guantanamo Bay lawyers from across the province and the program inmates, including Canadian citizen, Omar Khadr. It allowed them to obtain 11 hours of voluntary profeswas an informative and provocative presentation. sional development for the annual report to the Law Your CBABC Branch invites you to register for Society of British Columbia. the upcoming 2009 Winter Conference (details and The relaxed surroundings of San Diego permitted registration at www.cba.org/midwinter) which will the attendees to receive information on a variety of pracalso provide a great opportunity for you to complete tice issues that face British Columbia lawyers as well as the professional development hours that is mandatory having an opportunity to enjoy the sites of San Diego. for B.C. lawyers starting January 1, 2009. BT

Co-Chair Katherine Robinson and Speaker Fiona Walsh

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BARTALK February 2009

Closing dinner attendees

Jamie MacLaren

GUEST

Pro Bono Opportunities Abound

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Pro Bono Legal Represenroubled economic tation Opportunities times bring increased need for pro bono legal Pro Bono Law of B.C. (PBLBC) services, and increased operates several roster programs pro bono capacity and opportunity whereby litigators and solicitors on the flip side. As law firms provide pro bono assistance and representation to individuals and experience a cyclical slow-down non-profit organizations of limited in some departments, pro bono means in specific areas of the law. serves as an effective vehicle for Such areas include: appellate law, skills development and an excellent family law, judicial review, wills and morale booster for lawyers. Small Jamie Maclaren, Executive estates law, mediation and charity firm lawyers and sole practitioners Director, Pro Bono Law of B.C. and non-profit law. For each roster also benefit from pro bono by honing program, PBLBC receives screened their skills and broadening their practice areas. And client referrals from lawyers, advocates and law stuno matter the state of the economy, doing pro bono dents, and then presents meritorious opportunities to always feels good. So where can lawyers find pro bono roster lawyers according to their location, stated interopportunities that are both deserving and fulfilling? est and capacity. Roster lawyers can pursue or pass on Fortunately, British Columbia is very organized pro bono opportunities as they see fit. in the variety and scope of pro bono opportunities PBLBC also operates the Civil Chambers Duty that it offers to its lawyers. Whether a lawyer seeks to Counsel Project at the Vancouver courthouse. The assist low-income individuals or non-profit organizaProject provides one-day representation services tions of limited means, there are several options from to low-income individuals appearing in Court of which to choose – ranging from opportunities to staff Appeal and Supreme Court civil chambers. It is in clinics on the front lines of pro bono, to opportunities dire need of small firm lawyers and sole practitioners that can be served directly from the office. to assist and represent respondents in foreclosure and Pro Bono Legal Advice Opportunities bankruptcy proceedings.

The Western Canada Society to Access Justice and the All of the above pro bono opportunities are open to Salvation Army Pro Bono Program both operate pro practising, non-practising, in-house, government and bono legal advice clinics throughout the province. In retired lawyers alike, since PBLBC extends full insurtheir clinics, lawyers meet with low-income individuance coverage to lawyers involved in approved proals in half-hour appointments to provide summary grams. Limited disbursement coverage is also available to lawyers who provide pro bono representation to lowlegal advice in all areas of the law. Lawyers typically income individuals, whatever the source of the file. commit two to four hours per month to the clinics, There are many more pro bono opportunities and do not assume responsibility for ongoing assisavailable to B.C. lawyers through independent protance or underlying administrative arrangements. grams and law schools. To volunteer as a PBLBC Access Justice and the Salvation Army engage lawyers roster lawyer or for information on other pro bono according to their capacity and areas of expertise. programs, contact PBLBC at 604-893-8932 or at To volunteer as a clinic lawyer, call Access Justice at info@probononet.bc.ca. BT 604-482-3195 or the Salvation Army at 604-694-6647.

February 2009 BARTALK

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Guest

BARBARA BUCHANAN

Client Identification and Verification Rules in Force

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he Law Society of B.C.’s legal services from the lawyer. client identification When a lawyer is acting for an and verification rules organization, not only does the (Rules 3-91 to 3-102) lawyer have to obtain informacame into effect on December tion about the organization itself 31, 2008. The rules, based on the but the lawyer must also obtain Federation of Law Societies of information about the person Canada’s Model Rule, are designed instructing the lawyer on behalf of to codify the steps prudent lawyers the organization. take in the normal course to idenSome of the December rule tify their clients. amendments include the following: Barbara Buchanan The Benchers originally adopt• The verification requirements Law Society of British Columbia ed the rules on November 14. At do not apply if the client is a their December 12 meeting, the Benchers amended “financial institution,” “public authority” or Rules 3-91 to 3-95, Rule 3-97 and Rule 3-102, based “reporting issuer” (Rule 3-94); on revisions to the Model Rule.

• The defined term “reporting issuer” replaced The rules, including the December amendthe term and definition of “public company” ments, are in force and available for viewing on the (Rule 3-91(1)); Law Society website (look under Publications and • The exemption from verification requirements Forms). Copies of the rules adopted in November when a lawyer “pays money to another lawyer were included in the Members’ Manual amendment in trust, on the direction of the client” was package. Note that the December amendments were deleted because it could result in the source of not included in that package and so lawyers must funds not being verified; view the amendments online until the next mailing.

• An exemption for electronic funds applies, Lawyers must take reasonable steps to identify provided the transfer is conducted at both ends their clients and, where a “financial transaction” (as by financial institutions in Canada or other defined in Rule 3-91) is involved, to verify their cliFinancial Action Task Force countries and ents’ identity. Identification and verification of idenneither the sender nor the beneficial receiver tity are two distinct concepts. of the funds handle or transfer the funds (Rule The rules specify timing for identification and 3-94 (c)). verification procedures, procedures for verifying the Three resources are available on the Law Society identity of clients who are individuals not present website (under Practice Support) to help lawyers and before the lawyer, information and documents to be law firms understand and follow the rules: recorded and copied, and retention periods.

• A free online course (webcast archive); Lawyers are encouraged to read the rules care• A question and answer document; fully and to pay attention to the definitions. Some • A client identification and verification checkof the terms may not be consistent with common list. usage. For example, “client” includes another party For more information about the rules or the that a lawyer’s client represents or on whose behalf resource materials, contact Barbara Buchanan, Practice the client otherwise acts in relation to obtaining Advisor at 604-697-5816 or bbuchanan@lsbc.org. BT 18

BARTALK February 2009

ACTS IN FORCE

LEGISLATIVE UPDATE

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 4 to December 31, 2008 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 only published online and available to CBA members exclusively at www.cba.org/bc.

acts in force E-HEALTH (PERSONAL HEALTH INFORMATION ACCESS AND PROTECTION OF PRIVACY) ACT, S.B.C. 2008, C. 38 (BILL 24) Sections 1 to 7, 11 to 16, 18 to 26 and 31 to 33 are in force November 7, 2008. Sections 8 to 10 are in force June 30, 2009. Sections 43(a), 44 and 46 are in force April 1, 2009 FORESTS AND RANGE STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 4 (BILL 8) Sections 15, 17(a) and 28 are in force December 9, 2008 GREENHOUSE GAS REDUCTION (EMISSIONS STANDARDS) STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 20 (BILL 31) Sections 32 and 33(c) and (d) are in force December 9, 2008. Section 1, Section 2, insofar as it enacts Sections 76.2, 76.21 and 76.5, of the Environmental Management Act, Section 6, insofar as it enacts Sections 114(1)(a) to (f) and (2) of the Environmental Management Act, and Section 11, insofar as it enacts Section 120(2) (a) to (d) and (f) to (h) and Section 120(3)(a) to (e) of the Environmental Management Act are in force January 1, 2009 GREENHOUSE GAS REDUCTION (RENEWABLE AND LOW CARBON FUEL REQUIREMENTS) ACT, S.B.C. 2008, C. 16 (BILL 16) Sections 1 to 5, 9, 11(1), (2), (5) and (6), 12 to 14, 15(1) and (3) to (6), 16 to 25 and 27 to 29 are in force January 1, 2010 HEALTH CARE COSTS RECOVERY ACT, S.B.C. 2008, C. 27 (BILL 22) Act is in force April 1, 2009 HEALTH PLANNING STATUTES AMENDMENT ACT, 2002, S.B.C. 2002, C. 15 (BILL 19) Sections 16 and 27 are in force April 1, 2010

HEALTH PROFESSIONS AMENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62) Sections 42, 49(a), 51, 52, 57 and 58(a) are in force March 1, 2009. Sections 47, 49(b), 53 and 58(b) are in force April 3, 2009. Section 58(f) is in force March 1, 2009. Sections 17, 45, 46, 48, 55 and 58(c) are in force June 1, 2009 HEALTH PROFESSIONS AMENDMENT ACT (NO. 2), 2003, S.B.C. 2003, C. 73 (BILL 81) Act, except Section 12, is in force April 1, 2009 HEALTH PROFESSIONS (REGULATORY REFORM) AMENDMENT ACT, 2008, S.B.C. 2008, C. 29 (BILL 25) Section 48, enacting Sections 50.5 to 50.53, of the Health Professions Act is in force December 9, 2008. Section 24(b) is in force December 15, 2008. Sections 17(z), 20, 21, 35, 48 enacting Sections 50.54 to 50.65 of the Health Professions Act and 55 to 58 are in force March 16, 2009 HEALTH STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 23 (BILL 29) Section 7 enacting Section 15.1(4) of the Health Professions Act is in force April 1, 2009. Sections 1(b) and 7 enacting Section 15.1 (1) and (5) of the Health Professions Act are in force March 1, 2009. Sections 1(a) repealing paragraph (b) of the definition of “health care professional” in Section 51(1) of the Evidence Act and Section 7 enacting Section 15.1(2) of the Health Professions Act are in force April 3, 2009.

Sections 1(a) repealing paragraph (a) of the definition of “health care professional” in Section 51(1) of the Evidence Act, Section 7 enacting Section 51.1(3) of the Health Professions Act, Section 10 and 32 are in force June 1, 2009 HEALTH STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 19 (BILL 26) Sections 29(a) and (b), 30, 31, Section 32 enacting Section 13.1(1) and (2) of the Pharmacy Operations and Drug Scheduling Act, Section 33, 34(a), 35(a) and 36 are in force April 1, 2009 LOCAL GOVERNMENT STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 5 (BILL 7) Sections 81 and 82 are in force November 28, 2008. Sections 76 to 79 are in force January 1, 2009

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2005, S.B.C. 2005, C. 35 (BILL 16) Section 3, except as it enacts Section 142.1(2) (e) of the Business Practices and Consumer Protection Act is in force December 9, 2008 MISCELLANEOUS STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 30 (BILL 33) Sections 9, 10, 62, 63 and 65 are in force December 9, 2008 MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2008, S.B.C. 2008, C. 42 (BILL 43) Sections 106, 107 and 108(a) are in force November 28, 2008. Sections 104, 105, 108(b) and (c) and 109 to 111 are in force June 1, 2009. Sections 106, 107 and 108(a) are in force November 28, 2008. Sections 104, 105, 108(b) and (c) and 109 to 111 are in force June 1, 2009 PHARMACY OPERATIONS AND DRUG SCHEDULING ACT, S.B.C. 2003, C. 77 (BILL 82) Act is in force April 1, 2009 PUBLIC SAFETY AND SOLICITOR GENERAL (GIFT CARD CERTAINTY) STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 15 (BILL 17) Section 15 is in force January 1, 2009 SOCIAL WORKERS ACT, S.B.C. 2008, C. 31 (BILL 35) Act is in force November 20, 2008 TRADE, INVESTMENT AND LABOUR MOBILITY AGREEMENT IMPLEMENTATION ACT, S.B.C. 2008, C. 39 (BILL 32) Sections 26 to 29 are in force November 7, 2008. Sections 58 to 70 are in force January 1, 2009. Sections 5 and 6 are in force April 1, 2009. Section 56 is in force November 28, 2008. Sections 45 and 46 are in force December 9, 2008. Section 77 is in force December 9, 2008. Sections 3 and 4 are in force April 1, 2009. Sections 50, 51 and 76 are in force April 1, 2009

February 2009 BARTALK

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NEWS

Animal Law – New CBABC Section On December 6, 2008, the CBABC Provincial Council unanimously approved a new CBABC Section called Animal Law. It will be chaired by Rebeka Breder of Boughton Law Corporation in Vancouver, British Columbia.

Animal Law is a relatively new and evolving area of law that intersects traditional legal practices, including property law, product liability, wills and estates (who hasn’t heard of Leona Helmsley’s $12 million dollar trust fund for her pooch?), criminal law, environmental law, municipal law, tort law, etc.

The American Bar Association has created several Animal Law Sections throughout the United States since the early 2000s.

The CBABC should be proud of creating the first Animal Law Section in Canada, as it provides an avenue to lead the way in developing an organized and formally recognized area of the law (although “animal law” has already existed in many different forms in Canada).

Please contact Rebeka Breder at rbreder@boughton.ca or at 604-647-6437 for more information or contact the B.C. Branch to enrol in the Section.

CBABC Women Lawyers Forum Update The CBABC Women Lawyers Forum held a series of successful networking events in October and November of last year. Our first Senior Women Lawyers Dinner was organized by Margaret Ostrowski, QC and had such a high response that we will be holding the next one in the spring.

In order to include women lawyers who practise outside the downtown core, Kathy Sainty and Rebecca Darnell continued a successful tradition of Christmas lunches in Langley at the Coza Restaurant that was also well-attended and a great deal of fun.

Anna Fung, QC kindly hosted our annual Fall Potluck Dinner in her home which allows networking in a more informal setting than the usual law firm boardroom or hotel.

And finally, our Mentoring Program held its annual Celebration at the end of November, celebrating the close of our fifth year of mentoring women lawyers.

All of these events were great networking opportunities for women at all stages of their careers to get to know lawyers from other firms and other practices.

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BARTALK February 2009

Remember to “Sign-in” Your attendance at Section meetings in-person, by teleconference or Webinar now counts toward your mandatory Continuing Professional Development (CPD) requirements (12 hours per year). The CBABC will keep track of your hours only if you register at meetings. Don’t forget to sign-in!

New B.C. Superior Courts Website The B.C. Superior Courts are pleased to announce the forthcoming launch of their new website. The website address is the same: www.courts.gov.bc.ca. The new website’s features include: • • • •

•

•

•

improved look and feel improved navigation bars improved judgment search template improved hearing lists for both Court of Appeal and Supreme Court matters online access to Supreme Court scheduling information without requiring recourse to Scheduling staff enhanced practice resources, e.g., Practice Directions, court forms, reference to self-help resources, links to other useful websites easier access to court registry and location information

The website launched in January 2009.

NEWS

PST on Settlement Amounts The Government Relations Committee of the CBABC is collecting personal stories and experiences to put a personal face to the impact of PST on the people of British Columbia.

We believe there is a great deal of anecdotal evidence regarding contingency settlements, but few statistics or actual personal impact statements. Please note client consent must first be obtained before any personal information” (as defined by the Personal Information Protection Act) is disclosed.

Send your submissions to: Chair, Government Relations Committee Canadian Bar Association – B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Or email them to jrsilver@bccba.org with “PST on settlement amounts” in the subject line.

DAVE's Tech tip Technology Tip from Dave Bilinsky’s Award-Winning Blog (www.thoughtfullaw.com): I am starting a new thread on my blog – the technology-oriented “Cheap is Good but Free is Better!” thread.

This thread will concentrate on how to do more with less. It is a response to today’s economic situation and is intended to be a collection of cost-effective tips for technology in a law office.

This first post is on how to create a PDF of something that is displayed on your desktop. It could be an image, it could be instructions that are on the screen (but you don’t want to print the whole web page) or it could be video playing in a browser.

If you are on a PC you can use “print screen” (by pressing both shift and “PrtScr” on your keyboard) in Windows to capture an image of your desktop. Then go to “Paint” (click on “Start” then “All Programs” then “Accessories” then “Paint”) and then paste the screen capture image into Paint (click on “Edit” then “Paste” in Paint). From there, if you only want to use a part of the image, select a portion of the image with your mouse and right click in the middle of the box to cut out that section and save it to your clipboard.

You can save the final cropped selection as a bitmap, a JPEG, a GIF, TIFF or PNG. If you want to make it into a PDF, you can use one of the free PDF converters such as Primo PDF (http:// tinyurl.com/3ygjr9). Note that there are no licence restrictions on Primo PDF, which is probably why it is #1 most popular Business & Productivity software download on CNET’s Download.com.

Of course, on my Mac – I just use “Grab” (”Finder” then “Utilities” then “Grab”), which comes with OS X. From there, you can choose between a Selection, a Window, a Screen or a Timed Screen and save your image as a *.TIFF or print it as a *.PDF (which saves it as a PDF file).

Back to the Windows world for a moment, if you want to get fancier than what MS Paint will do, admittedly at increasing levels of cost, you will have to go to something like: * SnagIt (http://www.techsmith.com) * Gadwin PrintScreen (http://www.gadwin.com/printscreen/) or IrfanView (www.irfanview.com) * Camtasia (http://www.techsmith.com/camtasia.asp) * Adobe Captivate (http://www.adobe.com/products/captivate) Of course you can try the low-cost solutions first – you may find that they are perfectly adequate – without breaking the bank.

February 2009 BARTALK

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CALENDAR | NEWS

(see cba.org/bc for details)

Branch and Bar Calendar

February - March 2009 February 7

Professional Development Seminar: Ethics in Action – Practice & Community (Fairmont Hot Springs Resort)

February 11

Lawyers Assistance Program Workshop: Overcoming Procrastination

February 12

The Canadian Centre for Policy Alternatives: An Evening With Maher Arar (Fraserview Hall, Vancouver)

February 13

CBABC Executive Committee Meeting (CBABC Boardroom)

February 20-22 CBA Mid-Winter Meeting

(Fairmont Château Lake Louise, Lake Louise, Alberta) February 27

CBABC Work Life Balance Committee Series

February 27

Victora Bar Association Battle of the Bar Bands (Westin Golf Resort and Spa)

March 7

CBABC Provincial Council Meeting (Delta Airport Hotel, Richmond)

March 26

CBABC Work Life Balance Committee Series: Russell Hunter

April 1

The Lawyers Show 2009 (Waterfront Theatre, Vancouver)

April 3

CBABC Executive Committee Meeting (CBABC Boardroom)

April 4-5

CBABC Executive Planning Retreat

CBABC Offers Exceptional Professional Development As of January 2009, the Law Society of B.C.’s Continuing Professional Development program has been implemented. All B.C. lawyers are now required to complete 12 hours of professional development activities each year, 2 hours of which must be on ethics or practice management. The Canadian Bar Association B.C. Branch (CBABC) is partnering with Local and County Bar Associations to provide an easy, enjoyable way to meet this requirement.

CBABC is recognized by the Law Society of B.C. as an approved provider of professional development activities, and CBABC membership provides the simplest and most cost-effective way to obtain your mandatory professional development hours.

CBABC also provides yearly conferences and workshops which offer specialized resources and networking opportunities to advance your career, your practice and your business.

SIGN UP TODAY!

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BARTALK February 2009

Call for Nominations You are encouraged to honour a colleague and fellow CBABC member through their nomination for one of the following prestigious awards: The Equality and Diversity Award celebrates the accomplishments of a CBABC member who has succeeded in advancing equality in the legal profession or generally in B.C. The Harry Rankin, QC Pro Bono Award was established in recognition of the immense contribution of Harry Rankin, QC in supporting access to justice for the poor. The Award recognizes outstanding contributions by a member of the CBABC in the area of pro bono work.

The Work Life Balance Award recognizes a CBABC member, law firm or organization who demonstrates leadership in promoting work life balance within the practice of law.

Additional information on these awards and nomination forms are available on the home page at cba.org/bc under “Call for Nominations.”

NATIONAL NEWS

Dublin 2009: Your Passport to International Legal Trends Dublin, Ireland is the place to connect with legal minds from both Canada and Europe. Meet private practitioners, corporate counsel, judges, scholars, practice management specialists and other experts in common law and civil law at the CBA’s 2009 Canadian Legal Conference (CLC), August 13 to 18, 2009. You will hear internationally renowned speakers discussing key issues in Canadian and international law and legal trends, and meet other legal professionals sharing their insight in complex times.

Details and registration uuu

www.cba.org/dublin2009

International Trends Former Irish President Mary Robinson will open the conference on Sunday, August 17 and will address key global issues in law, governance and the economy. As founder of The Ethical Globalization Initiative, President Robinson will also discuss the state of human rights in the 21st century.

Substantive Legal Insight The 2009 CLC also features skills development and Continuing Legal Education programs that are recognized for the quality standards that the CBA continues to uphold. Choose from a number of programs and sessions that cater to different legal and practice management interests, including: • • • • •

Trends and changes in the profession Winning advocacy skills at the Supreme Court of Canada Immigration strategies for global immigration lawyers International minority rights Global anti-corruption compliance, cross-border fraud, and risk management for corporate counsel

Social and networking events Your registration also includes an exclusive, private performance of Riverdance, an evening at the historic Dublin Castle, and closing celebrations at the Guinness Storehouse and Museum. The CBA’s 2009 Conference offers a unique opportunity to network and discuss the state and business of the law in the world with Canadian, Irish and European colleagues.

Where to stay and what to see and do The Conference is centred around St. Stephen’s Green, in the heart of Dublin. Meetings and sessions take place at venues and hotels that surround this central, public park. You can access conference rates at hotels around the Green catering to all tastes and budgets. Please be sure to book your accommodation early on our conference website.

National Mid-Winter Meeting of Council, Lake Louise Feb. 20-22, 2009 Changes to the CBA Code of Professional Conduct on conflicts of interest, a report on barriers to CBA leadership and CBA National President hopefuls are all part of the 2009 Council Meeting agenda. Meetings of the Board of Directors, some standing committees and Sections as well as a Western BBQ and President’s Dinner are also taking place. If you’re not a national Council member and would like to attend and participate in the debate, please contact CBABC Executive Director Caroline Nevin (604-687-3404) to be accredited as an alternate.

Details and registration uuu www.cba.org/midwinter February 2009 BARTALK

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member services

Every issue of BarTalk highlights regular discounts available to members from a range of national and regional preferred suppliers. Seasonal promotions and special offers to members are promoted weekly via CBABC News & Jobs. Don’t miss any promotion by subscribing to the member services e-bulletin: email members@bccba.org or fill in and fax the sign-up box below to: 1-877-669-9601 (toll-free) or 604-669-9601 (Lower Mainland).

TECH TIP: Member services are available 24/7 via the CBABC website. To access member services on the site, log onto www.cba.org/bc, then choose Member Savings from the drop-down list under Membership. On the Member Savings page, you will find links to the suppliers highlighted below, plus many more.

Mortgage Transactions Simplified Assyst Real Estate from TELUS is an online solution that links lenders to lawyers electronically. It allows lawyers to receive electronic mortgage instructions from participating lenders directly to their desktop. Assyst Real Estate simplifies the way a mortgage transaction is instructed, funded and reported. It also facilitates electronic registration and streamlines how mortgage files are processed. With Assyst Real Estate, the next generation of mortgage processing is here. TECH TIP: Select Technology & Online Services from the Member Services page, or email brett.horton@telus.com for more information.

On the Go, On the Fly When you need a car anywhere in North America, your CBA membership gets you preferred rates on vehicle rentals at Avis and now Budget Rent-A-Car as well.

TECH TIP: Select Auto Leasing, Rental & Sales on the Members Savings page for links to Avis and Budget car rentals.

Auto Leasing/Sales ProGroup: their name says it all. For more than 20 years, ProGroup has provided members of professional groups and associations with an easy, hassle-free way to acquire a vehicle, brand new or pre-owned. They start by offering great value on trade-ins. Before you sign with a local dealer, contact ProGroup and you will likely save some dollars. TECH TIP: Select Auto Leasing, Rental & Sales on the Member Savings page for the link to ProGroup.

Lindt Chocolates for Your Sweetheart For all the sweethearts in your home and office, Lindt Chocolates offers a special 30 per cent discount off regularly-priced merchandise for CBABC members.

Looking ahead to Easter, bookmark the Chocolate link for member specials from Lindt in April. TECH TIP: Select Chocolate on the Member Savings page to download the coupon valid February 6-13, 2009 at the Robson Street boutique at Sears (Vancouver).

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BARTALK February 2009

If you’re flying out of YVR, remember Park ‘n Fly offers members a standing discount of 24 per cent off regular rates, and access to seat selection and boarding passes for Air Canada customers via on-site electronic kiosks. TECH TIP: Select Travel on the Members Savings page for Park ‘n Fly ongoing and special promotional discounts.

Sign Me Up! q Yes, please send me monthly updates on

the latest CBABC promotions.

Name: ____________________________________ Fax: ______________________________________ Email: ___________________________________ Please complete this form and fax back to 604-669-9601/ toll-free 1-877-669-9601 or sign up by emailing your information to members@bccba.org.

GRANTS APPROVED

$100,000 NUU-CHA-NULTH TRIBAL COUNCIL Usma Nuu-chah-nulth Alternative Dispute Resolution

The Board of Governors of the Law Foundation of B.C. met on November 22, 2008 and approved funding for a number of continuing programs and projects.

$99,604 KLA-HOW-EYA ABORIGINAL CENTRE OF SURREY ABORIGINAL CULTURAL SOCIETY Circle 5 Alternative Dispute Resolution Project: Focus on Alternative Dispute Resolution for Aboriginal Centre $98,497 VANCOUVER ABORIGINAL CHILD AND FAMILY SERVICES SOCIETY 2008 Child Welfare Initiative

Chair Mary Mouat is pleased to announce that funding totalling $2,060,391 was approved for the following 10 projects:

Funding totalling $1,542,290 was approved for the following 4 new initiative projects:

Funding totalling $398,101 was approved for the following 4 Child Welfare Fund projects:

$795,000 CANADIAN BAR ASSOCIATION, B.C. BRANCH Rural Education & Access to Lawyers Initiative

$100,000 HAIDA CHILD AND FAMILY SERVICES SOCIETY Haida Family Group Conferencing Project

$478,790 WEST COAST PRISON JUSTICE SOCIETY Beyond Liberty Prison Justice Litigation Fund/ Prisoner’s Human Rights Project

$148,500 B.C. COURTHOUSE LIBRARY SOCIETY Provincial Legal Services Mapping Initiative $120,000 ECOJUSTICE CANADA SOCIETY Public Interest Environmental Law Conference

Funding totalling $120,000 was approved for the following 2 grants: $60,000 COMMUNITY LEGAL ASSISTANCE SOCIETY Public Interest Articling Fellowship $60,000 UNIVERSITY OF VICTORIA Public Interest Articling Fellowship

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

Mary Mouat Elected New Chair of the Law Foundation The Board of Governors is pleased to announce that Mary Mouat of Victoria has been elected as Chair of the Law Foundation beginning January 1, 2009. Ms. Mouat succeeds Warren Wilson, QC of Vancouver who has been Chair of the Law Foundation since 2006.

Ms. Mouat earned her law degree from the University of Victoria and was called to the Bar in British Columbia in 1988. She is a partner of the Quadra Legal Centre in Victoria, practising in the areas of family mediation and collaborative law. Ms. Mouat is a qualified Family Law Mediator and Collaborative Law lawyer. She has been active in many communities and Bar organizations including the Victoria Bar Association, the Executive of the CBA (B.C. Branch), the Family Tariff Committee of the Legal Services Society, the Law Courts Education Society, and the Victoria Women’s Sexual Assault Centre. Most recently she was a member of the Family Justice Reform Working Group created by the Justice Review Task Force.

She has been a Governor of the Foundation since 2006 and has served on the Child Welfare Fund, New Grants (as Chair), and Bursary, Scholarship and Fellowship committees.

The Law Foundation of British Columbia is a non-profit foundation which receives the interest on lawyers’ pooled trust accounts and distributes it by means of grants for legal education, legal research, legal aid, law reform and law libraries in the province.

February 2009 BARTALK

25

cbabc partners | Membership

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of November and December of 2008:

Regular Members Steven Brine Rockies Law Corporation Kimberley Rome Carot Michael L. Elliott Slater Vecchio LLP Vancouver Song J. Hill Fasken Martineau DuMoulin LLP Vancouver Jennifer J. Lum Jabour Sudeyko North Vancouver Brian C. Man Vancouver Colleen A. O’Keefe Basham Thompson & Yu LLP Vancouver M. Richard Parkes ICBC-Litigation Department New Westminster Charlene Maria Thomas Great-West Life Assurance Company Winnipeg Samir Virani Vancouver David P. von der Porten Boughton Law Corporation Vancouver

Scholar John Hindess Vancouver

Articling Students Stephanie Axmann McCarthy Tétrault LLP Vancouver

Jared E. Brown Nixon Wenger LLP Vernon Erin Cram Rush Ihas LLP Kelowna Samantha Cunliffe McCarthy Tétrault LLP Vancouver Sarah Galeski Fraser Milner Casgrain LLP Vancouver Robyn Gervais Legal Services Society Vancouver Kevin Patrick Hyde McQuarrie Hunter LLP Vancouver Michelle Jones Laurence Klass Watson Goepel Maledy LLP Vancouver Daniel Mah Lawson Lundell LLP Vancouver Tamsin Miley Bowen Island Mark Pidkowich Angela Roy Tessmer Law Offices Kelowna Stephanie Sanger Fasken Martineau DuMoulin LLP Vancouver Jeffrey Shidei Fulton & Co Kamloops Kelley Stewart Fasken Martineau DuMoulin LLP Vancouver Matthew Walker Lawson Lundell LLP Vancouver

To view all new members, including the 67 Law Students, please visit uuu http: www.cba.org/ bc/bartalk_06_10/02_09/membership.aspx.

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BARTALK February 2009

CLEBC Update Timely 2009 Publications The Community Charter has been in place for five years, enabling both municipal and regional district governance. The courts have pronounced on some of the Charter’s important changes.

Local Government Under the Community Charter, to be published in March 2009, will include an overview of the Charter, a topic-by-topic review of how it works with other enabling legislation, insights into the courts’ views on the new approach to enabling local government, and full text of the legislation.

The 2009 edition of Annual Review of Law & Practice promises to be packed with accessible commentary on the major legislative, case law and practice changes in 2008. In its 18th edition, and slated for March publication, this essential practice tool is a reliable way to keep up to speed on pivotal trends.

Crucial courses in 2009 Municipal law has its own unique practices and pitfalls. Municipal Law Basics on April 3, 2009 will guide you through the practice, including provincial-municipal relations, concurrent authority, municipal services and governance, regulatory powers, local government finance, and more.

The economy has changed; so must the focus of lawyers advising construction industry clients.

Join us for Construction Law 2009, a detailed seminar on advising clients when money is tight. Review essential contract clauses, then let seasoned practitioners walk you through the game of musical chairs and show you how to find relief for your client when the music stops.

Further information on these publications and programs is available from CLE customer service at 604-893-2121 (toll-free in Canada at 1-800-663-0437) or on the CLEBC website at www.cle.bc.ca.

EVENTS | NEWS

Work Life Balance – Luncheon Speaker Series

International Assistance Section

The Work Life Balance Committee’s Luncheon Speaker Series continues with:

The International Assistance Section gratefully acknowledges the generosity of Thomson Carswell, Canada Law Book, and LexisNexis in assisting the work of the Legal Resources Centre (LRC) in South Africa. The LRC has been defending the rights of the poor, vulnerable and historically disadvantaged in South Africa since the apartheid years. With the new Constitution in 1996, the LRC started a constitutional unit that was assisted for a number of years by the Canadian Bar Association through a CIDAfunded program. That unit has argued a number of significant cases before South Africa’s Constitutional Court and has used Canadian law to support its arguments. Canadian resources are of key importance to the work of the LRC as the Constitutional Court in South Africa has followed much of the Supreme Court of Canada’s jurisprudence. These publishers have agreed to donate constitutional materials to the LRC so that it can continue to use Canadian jurisprudence in its valuable work in South Africa.

The lawyers at the LRC were overwhelmed by the generosity of these publishers and grateful that Canadians appreciate the value of the work they are doing and the need for them to look abroad for ideas and guidance as they develop their own constitutional jurisprudence.

• “Lawyer Wellness and Resiliency – The Importance of Maintaining Peak Performance”

Friday, February 27, 2009 (Please note the change of date from Thursday, February 12, 2009) • “Energy Management not Time Management is the Key to Lawyer Performance”

Thursday, March 26, 2009

•

AND

The Second Annual Work Life Balance Award, to be

presented by the Attorney General, Wally Oppal, QC and sponsored by Corporate Occupational Solutions, Inc., (COS), Workplace Health and Wellness Specialists.

Thursday, June 25, 2009

SAVE THESE DATES!

All Events will be held from 12:00 p.m. – 2:00 p.m. at the Sutton Place Hotel, 845 Burrard Street, Vancouver, Tel: 604-682-5511, unless otherwise advised.

Please register online NOW on the CBABC website: www.cba.org/bc to guarantee your place for the remaining events in this series and for the Second Annual Work Life Balance Award Luncheon.

CALL FOR NOMINATIONS FOR SECOND ANNUAL WORK LIFE BALANCE AWARD The Work Life Balance Committee invites nominations for its Work Life Balance Award. Nominations must be received by the CBABC Committee Coordinator by 4:30 p.m. on April 30, 2009.

For the full nomination process, please check online at the CBABC website www.cbabc.org/bc. Full details of the nomination and selection procedures for the Award will be provided in the April issue of BarTalk and on the CBABC website.

Electronic Filing The Land Title and Survey Authority has enabled more than 80 new transaction types to be offered through its Electronic Filing System. Transactions now offered include the ability to submit Power of Attorney, Certificates of Pending Litigation, Caveats and Survey Plans. With these additions, practically all land title transactions can now be submitted electronically. For EFS training, please call 1-800-663-6102.

February 2009 BARTALK

27

classified ads

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: March 6

FEBRUARY 2009

$25 $50

display

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

insert (all of B.C.)

CBABC Members/Firms Commercial Organizations Next deadline: March 11 Next mailing: April 6

$450 $900 $810 $1,620

$1,200 $2,400

Direct BarTalk advertising inquiries to: Jesse Tarbotton BarTalk Senior Editor Tel: 604-646-7856 or 1-888-687-3404 Email: jtarbotton@bccba.org

COACHING

POSITION AVAILABLE

COACHING: Do you have a coach? Join the growing trend to be coached. Coaches get you from where you are, to where you want to be.

What’s next for you? Be coached by a lawyer coach. Visit us at www.ignite-coaching.com and let us help you make your next move – in law and in life. soar@ignite-coaching.com 604-202-1040.

Open Door Law Corp. has a FT or PT position available commencing in March for a junior solicitor with 1-3 years of experience in a solicitor’s practice. The ideal candidate must be easy to work with, have an exceptional work ethic and be eager to assist the firm’s growth.

Please apply in confidence with a resumé to Fiesal Ebrahim at fiesal@opendoorlaw.com.

Services 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) Email: doug@BCpatents.ca.

Atkinson Law Office Business/Immigration, www.AtkinsonLaw.com referrals paid.

LOCUMS – OnPoint Law Corp. is looking for exceptional litigators and solicitors to join its Locum Division. Successful applicants must have at least five years experience in one area of law, and be available for flexible placements.

Please send a resumé to Sarah Picciotto at spicciotto@onpointlaw.com or call 604-879-4280.

Regional Legal Careers Officer

The Canadian Bar Association B.C. Branch invites applications for a DISABILITY CLAIMS Regional Legal Careers Officer to Sec. 257 Determinations, Opinions develop and manage strategies for and Court Applications on referral GOSAL & COMPANY attracting law students and new Barristers & Solicitors lawyers to rural/small communi604-267-3033 Over 14 YEARS of Workers’ Compensation ties in B.C. It is expected that the Claims and appeals Claims & Appeals Experience* Officer will work off-site with close Vice Chair at Review Board FREE CONSULTATION liaison with the Committee, law for 6 years schools and Local and County Bar More than 25 years personal injury litigation Associations and lawyers.

SARJ GOSAL*, B.A., LL.B. GAIL SAHOTA, B.Comm., LL.B. The Ideal Candidate Vahan A. Ishkanian • Thorough knowledge of life, #254, 12899-76th Avenue business and legal practice realSurrey, B.C. V3W 1E6 Barristers & Solicitors ities in rural/small town B.C. Cell 604-868-3034 Fax 604-264-6133 www.gosalandcompany.com • Direct experience in marketinfo@gosalandcompany.com vishkanian@pepito.ca ing and promotion of destinations, academic institutions or career options • Passion for matching the right people with the right opportunity.

• Inspires respect and ease both in the boardrooms of senior practitioners, and in the classrooms of young law students • Law degree and legal career experience is beneficial but not mandatory Endorsed by: • Experience in self-directed employment, including 390 Howard Ave. hands-on management of budgets and administraBurnaby, B.C. tive details V5B 3P8 • Personable, curious, action oriented puzzle-solver Canada • Able to travel extensively.

Visit Us Online: This position is funded by the Law Foundation of British Columbia. For a full description and application process visit our website at www.cba.org/bc/about_us/main/jobs.aspx.

Practice Restricted To WCB

WCB & CPP

604-591-8187

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BARTALK February 2009