The
Canadian Bar Association British Columbia
What Members Want Service, action and communication n any member service organization, research into what members want is critical. CBABC has made it a priority to establish new ways to collect that information, and to set a benchmark for future performance.
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President's Column
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Section Talk
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Practice Talk
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Legislative Update
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Real Estate Act Four Perspectives
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CBA Standard Undertakings
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Lawyer Referral & Dial-A-Law Services 19 I0 Steps to a HardWorking Web site 20 Executive Director's Column: Law Week 21 Nothing Official
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CBABC Web site
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Bar Moves
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Classified Ads
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BarTalk Publication Sales Agreement#40741008
A professional research firm, chosen for its expertise in customer relations, was consulted to develop and implement an online survey and interviews. More than 500 members took the time to tell CBABC what it is they value in their membership, and what they want to see improved. We committed to them, and to you, to respond. This will not be research that sits on a shelf; a shift in focus has already begun, across all areas of the organization. First, members told us that participation is the greatest value they get from us; when members get involved in the CBA- whether through Sections, the Web, or committees and conferencesthey feel they get more value for their membership dollar. It's our job to make sure more people take advantage of what their CBA membership 'buys' in terms of access to our professional resources and networks. Second, communication can't be one-way; there has to be more dialogue to expand the input that members have into the working of their Association. In particular, there is a need to better involve and reflect the views of those outside the 'usual' policy development loop, and those outside the Lower Mainland. In June, we'll be inviting 24 members from around the province, to engage in a day-long workshop to direct our efforts to make CBA more accessible and relevant, no matter where our members work
Third, our Web site needs to be more userfriendly and open- while people say they recognize the value of keeping some things "behind the wall" for members only, it should be much easier to access online resources that membership dollars have paid for. Fourth, our advocacy role is seen as critical, and needs to be 'cranked up.' Whether it's about government relations, regulatory decisions, or speaking up for lawyers and judges in the media, it's the CBA's job to step up and represent lawyers' interests loudly and strongly. It's what members expect, and they want to see more of it. Fifth, members want us to do something about the image of the profession. Members are realistic about the views some people hold about lawyers, but they expect the CBA to tackle misinformation and misperceptions head-on and be active in public debate about the profession, the law and the justice system. These are five of the major themes we heard from members through this survey, with many recommendations and ideas attached to each. We are putting some into action immediately, and planning for longer term strategies on others. For example, a new public education campaign is underway (see page 24) and we are piloting Section meeting teleconferences to engage members in remote locations. We entered into this process committed toresponsive action, and we are delivering on that commitment. If you have ideas about how we can do better, we want to hear from you. •
www.bccba.org
Letters to the Editor Re: BarTalk Vol. 15/No. 6 "Bikram Yoga Contest"
Once is never enough! If you have changed firms, changed addresses, have a new e-mail address or phone/fax number, please let us know. Letting the Law Society in on the secret is not enough! E-mail data@bccba.org, phone 604-687-3404 or fax 604-669-960 I. (Toll
Yoga is a mystic religious practice of Hindu origin, the purpose being to break the cycle of reincarnation and "become one with God." It is not correct to say yoga is just a form of exercise. If so, why do so many teachers study under gurus? Why do people chant during yoga sessions? Although many practitioners suffer no ill effects, yoga can bring suffering. The mystic practices are intended to raise spiritual power called "Kundalini." This power is very real, and can be dangerous. Your readers may be interested in the following Web sites: 1.
Atwww.kundalini.se, click on "Kundalini Network & Information" near the bottom of the page
free options: phone 1-888687-3404 or fax 1-877-
2. http:/ /kundalini-support.com/forums
669-9601).
Here are brief quotes from one site:
"Kundalini arousal occurs especially as an unintentional side effect of spiritual exercises ... many people have gone insane from the tremendous Kundalini energy... yoga and meditation teachers ... should inform students and clients about the great risk of brain and nervous system collapse .. . modern medical science has limited knowledge and experience in this area. " Sounds unbelievable, but it's true. I have spoken with several people who were debilitated
as a result of yogic spiritual exercises. There is a psychiatrist in Vancouver who specializes in helping Kundalini sufferers. Perhaps it is inappropriate to promote mystic religious practices in our professional journal. Ruth P. Magnusson, Victoria
• Re: BarTalk Vol. 16/No. 1 "The Four Horsemen of the Apocalypse"
I read your delightful article today in the latest issue of BarTalk. I must commend you for your tact in dealing with the modern-day rough equivalents of locust plagues. In particular, I was very curious about your suggestion to foil the anti-telemarketing machine. As I was reading that paragraph and was charging onwards to the Orks reference, the phone rang ... with no response on the other end. You may guess as to what transpired. Thanks for the suggestion.
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Ritchie Po, Vancouver
Send your letters to the Editor to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll free fax: 1-877-669-9601 E-mail: cnevin@bccba.org
Expert Advice: Going Solo and Client Surveys This month in CBA PracticeLink, check out the site's new "Packing My Own 'Chute'" series, which follows the unique trials and challenges of Sandra L. Schulz, QC, a lawyer and mediator who operates a private practice from home. Besides being an engaging read, the series offers practical advice that readers can apply to their own practices. P RACT I CE LIN K
tance· of conducting client surveys. Be sure to consult the site's ever-expanding collection of Quick Tips to enhance your productivity at work. Coming soon: The keys to effective client selection, tips on marketing your Web site [Editor's note: See page 20 for a related article], and a law firm guide to accessibility for persons with disabilities. For
Also new this month is a feature on the impor2
all
this
and
much
www .cba.org/ practicelink.
more,
visit
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BarTalk Vol. 16/No. 2
President's Column
CBA Government Relations Advocacy
D
uring my term as President the Branch has been working to develop an effective government relations advocacy program to protect and advance the interests of lawyers in British Columbia. So much of what the CBA does involves advocacy with the provincial and federal governments. Legal aid issues and access to justice concerns are always front and centre and our members expect the CBA to constantly advocate in these areas. In this article I would like to shift the focus to several other initiatives that our members may not be aware of: 1. The campaign to remove the Social Service Tax on legal services
Back in 1992 the Social Services Tax Act was amended by the previous government to include a 7 per cent provincial tax on legal services. Purportedly this was to fund legal aid. Over the past 12 years the funds collected have gone into the government's general revenues and are not being used for their stated purpose. Legal fees are the only professional fees subject to a provincial sales tax. The tax is now 7.5 per cent. Ironically, the increase from 7 to 7.5 per cent was introduced by government to help finance increased medical costs in the province. In the result, the tax on legal services has gone up to fund medical aid at a time when legal aid funding has gone down.
To further advance this campaign we are in the process of forming a Social Services Tax Task Force. The sole purpose of this group will be to advocate the elimination of this discriminatory tax. We expect the task force to be in place by the end of March. 2. The Real Estate Act
President 2003/2004
Recently the government proposed changes to the Real Estate Act that would eliminate the right of lawyers to help their clients sell real estate. CBABC initiated an intensive campaign and consultation process with the Real Estate Association, Real Estate Council, Law Society and Society of Notaries Public. We are pleased to announce that it appears that the efforts of all parties to reach agreement have been successful, and the lawyers exemption under the Act will remain.
CBABC representatives have met with approximately 24 MLAs and Ministers over the past several months to advocate the removal of this tax. The key messages that we are delivering include: a)
THE ROLE OF THE CBA
b) The tax is not being used for the purpose for which it was intended; and c)
The tax does not allow B.C. businesses (law firms and their clients) to be competitive.
April 2004
B.C. Branch, Canad ian Bar Association
3. Solicitors Liens and the Personal Information Protection Act
CBABC and the Law Society have raised to government our shared concerns that the Personal Information Protection Act might permit individuals to use privacy legislation to improperly defeat valid solicitors' liens. The CBABC has been lobbying extensively with the government, including the Minister responsible, to ensure that this unintended consequence is remedied. On March 23, I met with the Honourable Joyce Murray, Minister of Management Services, to discuss this issue and potential solutions. The CBABC will continue to work to obtain an effective resolution of this potential conflict.
The 7.5 per cent tax is discriminatory and unfair;
Robert C. Brun
The Canadian Bar Association's primary focus is to ensure that the interests of lawyers are protected and advanced. National and CBABC staff, plus an army of dedicated lawyer volunteers, work tirelessly to fulfil this mandate. As Branch President I am truly amazed at the time and energy our members give to meet this commitment. • 3
Appointing Judges to the SCC When it comes to appointments to the Supreme Court of Canada, the CBA message is unequivocal: Parliamentary committee review does not serve the best interests of the judges or the Canadian public. To ensure this message reaches the decision makers, the CBA wrote to the Prime Minister Paul Martin and Cabinet on March 8. The letter argued for a more transparent advisory process to facilitate selection of the best candidate. "We are strongly opposed to any system that would expose judges to Parliamentary criticism of their judgments, or cross-examination on their beliefs or preferences or judicial opinions, or any measure that would give to Canadians the mistaken impression that the judicial branch answers to the legislative branch," said CBA President Bill Johnson.
On the heels of the resignations of Madam Justice Arbour and Mister Justice Iacobucci from the sec, the subject of judicial appointments to the Supreme Court has once again been brought to the public's attention. Responding to media questions at the Mid-Winter Meeting in February, Mr. Johnson spoke to The Globe and Mail, La Presse and Canadian Press. He also spoke to CBC Radio in English and French for an upcoming documentary on the appointment process. The CBA favours a review process by an advisory committee made up of lawyers, judges, government representatives and the public. This structure is already in place for appointments to provincial trial and appellate courts. View the news release at www.cba.org/CBA/ News/2004_Releases/2004-02-20_scc.asp . •
Patent &Trademark Agents Privilege Rejected The national Intellectual Property Law Section says there is no need to extend privilege to patent and trademark agents as recommended by the Intellectual Property Institute of Canada. In its February 2004 submission, the IP Section concluded that the current jurisprudence strikes the proper balance between protecting
private communication and the need to disclose information in litigation. The Section also argued there is no public outcry to extend privilege to the clients of patent or trademark agents. View the submission at www.cba.orgL CBA/ submissions I main/ 04_07.asp. •
Code of Professional Conduct Debated The CBA' s revised Code of Professional Conduct had its first official test at the 2004 MidWinter Meeting of Council in Whitehorse. During the debate, members expressed their views on confidentiality rules and conflicts of interest. The discussion on sex with clients sparked a lively debate among members, while media have followed the subject since it was introduced at the CBA Canadian Legal Conference last August. Further debate and a vote are expected at the next Council meeting this August in Winnipeg. 3
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To view the Ethics Committee's final report please visit www.cba.org/CBA/EPIIGram/ Mar2004/ default.asp. • Online Resource: www.lawlink.bc.ca The Legal Services Society has created LawLINK, an online legal information service for British Columbians. LawLINK pools reliable information from many sources on topics such as housing, crime, consumer and debt, family, immigration and refugees, and wills and estates. BarTalk Vol. 16/No. 2
The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting given areas of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.
Shelley Bentley
Ron Usher, of the Law Society, spoke about the new Land Title E-filing project that is scheduled to "go live" on April1, 2004. The process occurs in three stages: 1.
Shelley Bentley is in private practice at G. Davies & Company.
2.
3.
Preparation of the electronic document. In this stage, counsel prepares the electronic Land Title Form by computer. Prior to this process counsel should have an executed copy of the document. While it is acceptable for counsel to rely on a copy of the executed document, Mr. Usher recommended that counsel always have an original of the document on file. Digital signing of the electronic document. Once the electronic document has been completed, counsel needs to digitally sign the document. The digital signature will then be reviewed through the government's computer mainframe that verifies the digital signature with Juricert at the Law Society. All system users are required toregisterwith Juricert and receive a "CA" designation. Electronic document is submitted into the E-filing system. Submission of the document and verification of filing takes approximately two minutes . At the conclusion of the process, counsel receives the electronic document with a digital time stamp indicating the registration number and the date and time of the filing.
document prior to the digital signing of the document. Once a document has been digitally signed it cannot be modified or revised by counsel. Under the E-filing system, if an electronic mortgage document is rejected for any reason (e.g., incorrect PID number) no pending registration number will be assigned to the document and it will be completely rejected. Currently, under the current manual system, even if a mortgage is ultimately rejected, it will still receive a pending registration number and allows withdrawal for correction. Some of the advantages of the new E-filing system are that fees will be deducted immediately from a firm's B.C. Online Account. Payment of Property Transfer Tax will also be handled electronically. Courier costs will be saved. A State of Title Certificate can be ordered automatically on an electronic form . As of January, 2004 sections 13 and 14 of the Standard Form of Contract of Purchase and Sale have been modified to clarify the obligations of the parties and the use of the CBA Standard Undertakings. These changes were not necessitated by the introduction of the E-filing system. However, lawyers may wish to change their undertaking letters to allow for the emailing of a post-filing transfer document with execution particulars on it.
COMMERCIAL AND REAL ESTATEVANCOUVER ISLAND Guy Whitman provided a case comment on the effect of the decision about builder's liens in
Shimco Metal Erectors Ltd. v. District of North Vancouver, 2003 BCCA 193. The Court of Appeal upheld the B.C. Supreme Court's interpretation of the Builders Lien Act finding that a lien may be created on a holdback separately from a lien on property. The decision creates uncertainty because there is no mechanism in the Act to govern the lien holdback procedure. Mr. Whitman noted that it does not appear that ac-
The current system is designed so that counsel can make minor modifications to the electronic Continued over April 2004
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Section Talk
Section Talk Continued from page 5
New Employment Law Section Holds First Meeting A well-attended inaugural meeting of the Employment Law Section was held February 4. Among other business, the members elected the Section's executive, which will be led by Chair Matthew Cooperwilliams.
Guest speaker Carman Overholt, QC addressed the Section on "jurisdiction Simpliciter in the Employment Law Context." This subject was of particular interest to counsel who are involved in advising cl ients in connection with multijurisdiction employment matters.
To participate and attend
tual notice of the lien is required. Commencing an action or even giving written notice asserting the lien may be sufficient. It is unclear what extinguishes the lien. For a thorough critique of the Shimco decision Mr. Whitman referred members to the B.C. Law Institute discussion paper accessible through www.bcli.orglpages I projects lbuilderslien I Shimco I ShimcoCP.pdf
SENIOR LAWYERS B.C. Police Complaint Commissioner, Dirk Ryneveld, QC, spoke about his recent four year term as the Senior Trial Attorney for the International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands.
Mr. Ryneveld's presentation focused largely on his prosecution of Slobodan Milosevic. This case involved allegations arising from three wars allegedly directed by Milosevic in Croatia, Bosnia and Kosovo, spread over a period of some years. Mr. Ryneveld described the difficult conditions under which he and the POVERTY LAW Court functioned. The law being applied was a Shelagh Day, Co-Director of the Poverty and mix of British Common Law, Napoleonic (i.e., Human Rights Project, addressed Section European) Law and law used in other jurisdicmembers about her work on the constitutional tions. The trials were conducted in four lanchallenge to the welfare time limits recently im- guages so that simultaneous translation was posed by the B.C. Government. The challenge constantly required; 95 per cent of the massive is under section 7 of the Charter, security of the volume of documents involved were in foreign person. She noted the breadth of concern about languages (mostly Serbian) and had to be the time limits. The 24 month time limit cou- translated. The three judges on the Milosevic pled with other reductions in welfare has re- · panel were English, Jamaican and South Koresuited in a large decline in the income of fami- an. The five lawyers on Mr. Ryneveld's team lies with young children. The federal Canada were from five other countries. The court imAssistance Plan (CAP) set standards requiring posed a six month time limit on the presentathat provinces provide adequate welfare for tion of the prosecution's case and restricted the everyone in need. CAP has been repealed. Un- prosecution to 90 witnesses (and subsequently til its repeal welfare time limits legislation increased this number to 127). Although his would have been impossible. Now that the cur- term ended, the prosecution of the case has rent federal transfer payment legislation is in continued. It was extended to February 2004, force, the federal government is making lump following which the defence will be presented. sum transfer payments to the provinces with no conditions attached.
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upcoming Employment Law Section meetings call the Branch office for an enrolment form .
lnsiderTradingTask Force Proposal Rejected The CBA has rejected a call for special regulatory measures for lawyers recommended in a report of the 2002 Insider Trading Task Force that evaluated how best to address illegal insider trading on Canad1an capital market. The CBA argued that its Code of Professional Conduct and each of the Law Society Codes adequately protect the confidentiality of private information.
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A year ago, the task force asked the CBA to draft "best practices" for lawyers concerning the containment of confidential information about issuers. On behalf of the CBA, members Warren Grover, Catherine Wade and Kenneth Wiener responded that there was no need for further rules on information containment. View the submission at www.cba.orgiCBAI submissionslmainl04_02_2.asp. •
BarTalk Vol. 16/No. 2
Teamwork The evolution of leadership ... ~
It's good for all my people and it's good enough for me Gimmie that old time religion ... ~ Words and music anonymous, first published by Charles D. Tillman
David
J.
J. Bilinsky
Bilinsky is the
Practice Management Advisor at the Law Society of British Columbia. He can be reached on the Internet at db il insky@lsbc.org.
The views expressed herein
T
hink of a lawyer and an image of a solo warrior heading off to battle may spring to mind. Unfortunately, like most stereotypes, it is increasingly out of touch with reality. Law firms have discovered that to survive and thrive in modern society, they have to reach back to the old-time concept of teams and leaders. Firms have discovered that groups led by effective leaders possessing so-called 'soft' skills (coaching, counselling, mentoring, tutoring, and motivating) are much more effective than just groups of lawyers and staff working together. A group is not a team. A team comes together for a shared goal or task, such as handling a particular client, file or area of law.
are strictly those of the author and may not be shared by the Law Society of British Columbia.
ment have been put into place. This is based on the work by Herzberg on hygiene and motivational factors. Any issues lying within the following topics that affect the team must be resolved to the satisfaction of the members in order to take them to the next level: working conditions; policies and administrative practices; salary and benefits; supervision; status; job security; fellow workers; and personal life. For example, including someone who for one reason or another will not fit within the dynamics of the team will only frustrate the other members and prevent the team from moving forward . This last factor is so important that elite military teams themselves select their future members from potential recruits. Communicate the vision: What is the goal to which you are striving? Let the team members know how each of them plays a role in reaching that goal. Be passionate!: One of the greatest motivators
There are many benefits to having teams: teams outperform groups; team members support each other's growth and learning; teams maximize the use of human and other resources; teams share knowledge amongst its members; and team output is synergistic- greater than the sum of the individual parts. Furthermore, teams allow firms to mentor juniors, provide head-room for senior counsel to tackle higher-value work, and allow a firm to transition to alternate billing methods. In short, work is competently performed at the lowest cost to the firm while maximizing profitability. So how do you evolve from individuals to groups to teams? Here are some suggestions put forward in this area:
is seeing a leader's passion to accomplish the goals of the team. Conversely, a lack of passion sends a message that "this doesn't really matter all that much." Get behind your team and radiate energy! Enable others to act: Give your team members the tools and the space to get the job done. Then get out of the way- micro-management is not a leadership style. Trust your members to do what is right. Get dirty!: You are encouraging the team members to reach beyond their current abilities into new and unknown territory. Leaders are willing to be the first to try something and show that not getting it right the first time is just fine. Stretch and pull others along with you.
Build the team: The first duty of a leader is to
ensure that the foundations for team developApril 2004
Continued over 7
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Practice Talk
Practice Talk Continued from page 7
Encourage: There are three distinct styles of
Il l
LAP
Lawyers Assistance Program
leadership : au thoritarian; participative; and delegative. Note that each of these styles is used in different situations and with different people. The authoritarian tells people what they want done and how. Typically this is used in crisis situations when time is short and the team members are already well-motivated. The participative leader involves people in the decision-making process, reserving the right to
make the final decision. Typically this style is used where the leader does not possess all the information to make the right decision . The delegative leader sets the priorities and allows the team members to decide what has to be done and how to do it. The delegative leader remains ultimately responsible for the w ork of the team and is comfortable with the decisionmaking ability of the team. Law firms are catching that old time religion and transforming into well-oiled teams. After • all, it is good for all their people! I
LAP provides confidential support, counselling and referrals for lawyers, their
All-Lawyer Cast Takes to the Vancouver Stage
fam ilies, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem.
For assistance or information on meetings and
, .
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On April 16th and 17th the Arts Club and Touchstone Theatres in association with the Vancouver Bar Association will present "Inherit the Wind" at the Stanley Theatre.
resources please call 604-685-2171 or toll free 1-888-685-21 71.
T he LAP office address is 415-1 080 Mainland Street, Vancouver, B.C. V6B 2T4.
Visit LAP on the Internet at www. lapbc.com
The play is the dramatibased on the Scopes zation of the infamous Monkey Trial. "Scopes Monkey Trial" that pitted legal titans William Jennings Bryant against Clarence Darrow representing a Herculean clash of religious fundamentalism against Darwinian science over the issue of the teaching of evolution in the State of Tennessee in 1925. This smash Broadway hit first premiered in 1955 and has been performed almost every night since somewhere in the world. This is legal and theatrical excitement not to be missed!
Tickets cost $75 ($45 tax receipt). Included is a post-show reception with the cast and a glass of wine. To purchase tickets, call 604-687-1644.
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"Inherit the Wind" is
The cast is composed entirely of lawyers including Hamish Cameron, QC as Brady (i.e., Bryant), Rob Ruttan as Drummond (i.e., Darrow), Gerald Lecovin, QC as the Judge and a host of others. In addition to the talented cast, special guests will be in the production. They include: Chief Justice Finch, Allan McEachern, Justice Newbury, Justice Oppal, Judge Gave, Judge Rounthwaite, UBC Dean Mary Anne Bobinski, Ian Hanomansing and William Deverell. 8
This team is led by Director Katrina Dunn, Assistant Director John Murphy and their staff. For details visit www. touchstonetheatre.com/ lawyer /lawyershow.htm. All proceeds from this event go to charity.
Win a QP LegaiEze Subscription The Queen's Printer has given BarTalk an annual QP LegaiEze deluxe package subscription for a contest draw. The value of the prize is $549. To enter the contest, e-mail cba@ bccba.org before May 14, 2004 and tell us what is the most valuable service that the the CBA provides to you .
,--What is QP LegaiEze?---------QP LegaiEze is a fully searchable, comprehensive database of current B.C. legislative information . Day passes, monthly passes and annual subscriptions available. Data includes current: • • • • • •
Statutes and Regulations Point-in -Time Tables Full text Orders-in-Council B.C. Gazettes Corporate Registry Notices E-mail Notification Services
BarTalk Vol. 16/No. 2
1
Additional detail on the Legislative Update can be found in the online issue of the April BarTalk, posted at www.bccba.org.
ACTS IN FORCE
Administrative Tribunals Appointment and Administration Act, s.B.C. 2003, c. 47 (Bill 68) Summary: As part of the government's Ad-
Stuart Rennie
ministrative Justice Project, Bill 68 provides that chairs and members of specified administrative tribunals may be appointed, after a merit based process, to hold office for specified terms. In Force: Section 31 in force January 31, 2004.
Stuart Rennie is the CBABC
Sections 1 to 30,32 to 42,45 (b), 49 to 58, 61 to 65 and 67 to 69 are in force February 13, 2004
Legislation & Law Reform Officer. He can be reached
See Regulations to Note for the Hospital Act
rate Relations" wherever it appears and substituting "Minister of Provincial Revenue." Section 21 makes a consequential amendment to the Home Owner Grant Act. Section 23 makes a consequential amendment to the Indian Self Government Enabling Act. Section 24 makes a consequential amendment to the Insurance Premium Tax Act. Section 26 makes a consequential amendment to the Taxation (Rural Area) Act. In Force: Sections 1 to 17, 19, 20, 22, 25, 27 and 28 and Schedules A and B are in force April 1, 2004. Sections 18, 21, 23, 24 and 26 are in force January 23, 2004
• Forest and Range Practices Act, S.B.C. 2002, c. 69 (Bill74) Summary: Bill 74 creates a new Forest and
Range Practices Act.
at 604-949-1490 (e-mail srennie@bccba.org).
Every effort is made to ensure the accuracy of the
• Columbia Basin Trust Amendment Act, 2003, S.B.C. 2003, c. 87 (Bill79)
information provided to you in this article but the infor-
Summary: Following the government's Core
mation should not be relied
Services Review process, Bill 79 amends the Columbia Basin Trust Act.
upon . Lawyers should refer to the specific legislative or regulatory provision. You
In Force: Act in force January 15,2004
will see a reference in some cases to the number of the
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Bill when it was introduced in the House. This number may be different from the
Financial Administration Amendment Act, 2003, s.B.c. 2003, c. 54 (Bill 59)
In Force: Act, except section 135 (1) and (2) (Annual and special reports), in force January 31, 2004
See Regulations to Note
• Forest and Range Practices Amendment Act, 2003, s .B.C. 2003, c. 55 (Bill69) Summary: Bill 69 amends the Forest and Range Practices Act including to: provide for the transition between Bill69; the Forest Practices Code of British Columbia Act; and the Forest and Range Practices Act.
chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.
Summary: Bill 59 amends the Financial Administration Act including to permit the Minister of Finance to: borrow money; provide loans; issue securities; and manage government debt. All of Bill 59 is in force April 1, 2004, except for sections 18, 21, 23, 24 and 26 which came into force January 23, 2004. Section 18 amends the Financial Administration Act in section 83 by striking out "Minister of Finance and Corpo-
In Force: Sections 1 to 16 and 18 to 75, section 76, except the portion that amends sections 12 and 22 (d), (e) and (g) of the Forest Act, sections 78 and 79, section 80, except the portion that amends sections 41 (g) and 42 (2) (b) (ii) and (iv) and (c) (iii) (d) and (3) (e) of the Forest Act, section 82, except the portion that amends secContinued over
April 2004
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Legislative Update
Legislative Update Continued from page 9
CBA National CLE Programs The Canadian Bar Associat ion's National Continu ing Legal Education Comm ittee is offering the following programs:
The National Citizenship & Immigration Law
Conference IRPA: The Continuing Evolution (Apri l 30-May I, Toronto)
Advocacy Before the Federal Court on Remedies in Intellectual Property Matters (May 20, Ottawa)
Recent Developments in International Commercial Dispute Resolution Uune 11-12, Ottawa)
For more information on these programs, visit www.cle.org/CBA/CLE/ cleOO/.
tion 51 (2) (a) (ii) and (c) of the Forest Act, section 83 (a) and (d), section 84, except the portion that amends sections 78 (1) (a) (iii) and (c) and 81 (1) (b) (ii) and (iv), (3) (c) and (5) (d) of the Forest Act, sections 87 to 91, section 92, except the portion that repeals section 41 (8) to (13) of the Forest Practices Code of British Columbia Act, sections 93 to 100, section 101, except the portion that repeals section 171 of the Forest Practices Code of British Columbia Act, section 102, section 103, except the portion that repeals section 220 of the Forest Practices Code of British Columbia Act and sections 104, 105 and 107 to 115 in force January 31, 2004
• Forests Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 56 (Bill44) Summary: Sections 5, 7, 9,10 (b), 11, 12" and 13 amend the Forest Act. Section 5 adds definitions of "district manager," "forest development plan" and "forest stewardship plan." Section 7 strikes out the words "or modify" in section 116. This is a consequential amendment to eliminate references to road modification from the Forest Act in order to make it consistent with the policy used under the Forest and Range Practices Act. Section 9 makes a consequential amendment to eliminate references to road modification from the Forest Act in order to make it consistent with the policy used under the Forest and Range Practices Act. Sections lO(b), 11 and 12 make amendments to make them consistent with the move from the Forest Practices Code of British Columbia Act to the Forest and Range Practices Act. Section 13 clarifies that the administrative penalty provisions of the Forest and Range Practices Act extend to contraventions of the Forest Act and that the specific penalties may be prescribed for contraventions of the Forest Act. In Force: Sections 5, 7, 9, 10 (b), 11, 12 and 13 are in force January 31, 2004
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Health Sector Partnerships Agree ment Act, S.B.C. 2003, c. 93 (Bill 94) Summary: Bill 94 applies to health secto partners who enter into agreements with pri vate sector partners to build or renovate healt care facilities . In Force: Act in force February 2, 2004
See Regulations to Note
• Miscellaneous Statutes Amendmen Act, 2000, s.B.c. 2ooo, c. 9 (BillS) Summary: Section 35 amends the Motor Vehi cle Act, R.S.B.C. 1996, c. 318 to permit the ap
pointrnent of the Superintendent of Motor Ve hides under the Public Service Act instead of b the Lieutenant Governor in Council. In Force: Section 35 in force February 13, 200
• Miscellaneous Statutes Amendmen Act (No. 3), 2003, S.B.C. 2003, c. 96 (Bil 90) Summary: Bill 90 amends 23 statutes. Sectio 10 to 13 amend the Credit Union Incorporatio Act. Section 10 exempts specified entities d~ fined under the Financial Institutions Act fro the definition of "subsidiary." Section 11 is consequential amendment as a result of th amendments made by section 12. Section 12 al lows central credit unions to dispose of thei assets to Canadian financial institutions with in the meaning of the Cooperative Credit Associ ations Act (Canada). Section 13 permits regula tions to be made regarding dispositions a amended by section 12. Sections 23 to 2 amend the Financial Institutions Act. Section 2 allows central credit unions or Canadian fi nancial institutions within the meaning of th Cooperative Credit Associations Act (Canada) to b liquidity providers to credit unions. Section 2 exempts certain institutions from the definitio of "related party." Section 25 permits regula tions to be made designating entities for th purposes of amendments made by section 23 Section 27 amends the Freedom of Informatio and Protection of Privacy Act to repeal a referenc BarTalk Vol. 16/No.
Legislative Update
to the Medical and Health Care Services Appeal Board. Sections 46 to 50 amend the Medicare Protection Act to eliminate the Medical and Health Care Services Appeal Board and references to it. Section 57 amends the Public Sector Employers Act to eliminate references to the Medical and Health Care Services Appeal Board. In Force: Sections 10 to 13 and 23 to 25 are in force February 5, 2004. Sections 27, 46 to 50 and section 57, insofar as it repeals "Medical and Health Care Services Appeal Board" from the Schedule to the Public Sector Employers Act are in force January 31, 2004
• Private Managed Forest Land Act, S.B.C. 2003, c. 80 (Bill88) Summary: Bill88 repeals and replaces the For-
est Land Reserve Act. Sections 1 to 3 provide definitions and application of Bill88. While eliminating forest land reserves, Bill88 also creates the Private Managed Forest Land Council. Sections 4 to 11 provide for this Council. Sections 12 to 16 establish Part 3 (Management Objectives on Private Managed Forest Land). Section 43 permits the Council to make specified regulations. Section 44 is a transitional provision regarding regulations. Section 46 is a transitional provision regarding Council members. In Force: Sections 1 to 16, 43, 44 and 46 in force
February 2, 2004
REGULATIONS TO NOTE
est Planning and Practices Regulation (B.C. Reg. 14/2004), Forest Practices Board Regulation (B.C. Reg. 15/2004), Forest Recreation Regulation (B.C. Reg. 16/2004), Government Actions Regulation (B.C. Reg. 17 /2004), Invasive Plants Regulation (B.C. Reg. 18/ 2004), Range Planning and Practices Regulation (B.C. Reg. 19 /2004), Security for Forest and Range Practice Liabilities Regulation (B.C. Reg. 20/2004) and Woodlot Licence Planning and Practices Regulation (B.C. Reg. 21 /2004) (all effective January 31,2004 (B.C. Reg. 12/2004))
LawNow seeks lawyers to
Forest Practices Code of British Columbia Act, repeals the Administrative Remedies Reg-
contribute articles for publi-
ulation (B.C. Reg. 182 / 98), Administrative Review and Appeal Procedure Regulation (B.C. Reg. 114/99), Bark Beetle Regulation (B.C. Reg. 286/2001), Community Forest Agreement Regulation (B.C. Reg. 384/2000), Delegation Regulation (B.C. Reg. 101 /99), Forest Practices Board Regulation (B.C. Reg. 170/95), Forest Recreation Regulation (B.C. Reg. 58/99), Forest Road Regulation (B.C. Reg. 351/2002), Forest Service Road Use Regulation (B.C. Reg. 173/ 95), Health, Safety and Reclamation Code for Mines (Part 11) Exemption Regulation (B.C. Reg. 132/98), Operational and Site Planning Regulation (B.C. Reg. 107 /98), Range Practices Regulation (B.C. Reg. 177 /95), Security for Forest Practice Liabilities Regulation (B.C. Reg. 178/95), Timber Harvesting and Silviculture Practices Regulation (B.C. Reg. 352/2002), Tree Cone, Seed and Vegetative Material Regulation (B.C. Reg. 164/95) and Woodlot Licence Forest Management Regulation (B.C. Reg. 325/98). B.C. Reg. 12/2004 creates the Administrative Review and Appeal Procedure Regulation (all effective January 31,2004 (B.C. Reg. 7 / 2004))
zine about the law, the legal
Health Sector Partnerships Agreement Act,
Forest and Range Practices Act, creates the Administrative Review and Appeal Procedure Regulation (B.C. Reg. 12/2004), Administrative Remedies Regulation (B.C. Reg. 13/2004), ForApril 2004
cation. LawNow is a maga-
process, and the relationship of law to life in Canada. It has a national subscription base and has been published for 28 years by the Legal Studies Program at the University of Alberta.
Topics to be covered in the next volume are: oil and gas law, basic contract law, insurance law, new developments in criminal law, new developments in aboriginal law, Law in Your Garden, municipal law, Marriage as a Legal Institution, and Building Democracies. Further details about these top ics, ideas for specific articles, and deadlines for submission may be obtained by e-mailing teresa.mitchell @ualberta.ca or by phoning
Related Regulations Court Rules Act, amends the Court of Appeal Rules (B.C. Reg. 297 /2001) in Part 4 of Form 9 (Notice of Appeal or Notice of Application for Leave to Appeal and Order granting leave) and Form 14 (Certificate Of Readiness) is amended to include a statement agreeing to undertake to pay all payable hearing fees (effective February 5, 2004 (B.C. Reg. 39 /2004))
Volunteer Contributors Sought
780-492 -1 722.
creates the Health Care Facility Designation Regulation (effective force February 2, 2004 (B.C. Reg. 31/2004)) Hospital Act, amends the Hospital Act Regula-
tion (B.C. Reg. 121/97) regarding the Hospital Appeal Board (effective February 13, 2004 (B.C. Reg. 45/2004))
Continued over I I
Legislative Update
Legislative Update Continuedfrompage II
lishes the Business Practices and Consume Protection Authority. In Force: By regulation
NEW BILLS TO NOTE
Women Lawyers Forum: Leadership Institute The Women Lawyers Forum presents the Leadership Institute on Friday, May 28 at Vancouver's Sutton Place Hotel. The program wil l explore leadership and how it affects women in the law. Presenters will define and deliver strategies for leadersh ip and professional success. Each training group wil l be limited to 20 participants.
Presenters include: Susan Black, Catalyst Women, Vice-Pres ident; Lori Brazier, Partner, Catalyst Consu lt ing,
Information is current at the time of preparing this article from January 2 to March 1, 2004. Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.
Budget Measures Implementation Act, 2004 (Bill 5)
and
For details contact Cheryl Stephens, Education Chair, Women Lawyers Forum 604-739-0443
Summary: Companion legislation to the Bus · ness Practices and Consumer Protection Act (Bill 2 and the Business Practices and Consumer Prate tion Authority Act (Bill 4) (both First Readin ' February 26, 2004), Bill3 repeals the Cemete . and Funeral Services Act and its Suppleme
and replaces it with the provisions of Bill3.
Medical and Health Care Services Special Account Act; Home Conversion and Leasehold Loan Act; Supplement to the Home Conversion and Leasehold Loan Act; Home Mortgage Assistance Program Act; Home Purchase Assistance Act; Supplement to the Home Purchase Assistance Act; Homeowner Interest Assistance Act; Supplement to the Homeowner Interest Assistance Act; and Provincial Home Acquisition Act.
In Force: By regulation
In Force: On Royal Assent for specified sections and various in force dates retroactive, including from February 17, 2004 for specified sections. Section 26 (consequential amendment to the Manufactured Home Act) comes into force by regulation.
Business Practices and Consumer Protection Act (Bill2)
• Ministerial Accountability Bases Ac 2003-2004 (Bill 10) Summary: Bill 10 increases the base amount
for the purposes of ministerial accountabili for the Minister of Agriculture, Food and Fis eries, the Minister of Forests and the Ministe of Public Safety and Solicitor General under th
Summary: Bill2 creates a new regime including: unfair business practices; consumer contracts; disclosure of the cost of consumer credit; credit reporting; debt collection and compensation funds; and consumer advancement fund.
e-mail@cherylstephens.com.
In Force: By regulation
penalties set out in that Act. Bill 10 also allo cates $418.21 million for financial costs, in eluding for forest fire suppression and floo disaster relief.
• Ports Property Tax Act (BillS) Summary: Bill 8 creates a new ports proper
tax regime. In Force: On Royal Assent
• Business Practices and Consumer Protection Authority Act (Bill4) Summary: Companion legislation to the Busi-
ness Practices and Consumer Protection Act (Bill2) (First Reading February 26, 2004), Bill 4 estab12
1
Balanced Budget and Ministerial Accountabilit Act. Bill10 exempts these ministers from sala
In Force: On Royal Assent
Janet Dean, President of ACT Training.
Cremation, Interment and Funera Services Act (Bill3)
Summary: Bill 5 amends 8 statutes. Bill 5 repeals 9 statutes and supplements as follows :
Chair, National Law Practice Management;
•
• Social Service Tax Amendment Ac 2004 (Bill 7) Summary: Bill 7 amends the Social Service Ta Act including tax amendments regarding: ta BarTalk Vol. 16/No .
Legislative Update
gible personal property or services; mobile and modular homes; reusable containers; gifts brought into the province by B.C. residents; and computer software. In Force: On Royal Assent for specified sections, various in force dates for specified sections deemed to be retroactive and specified regulations to come into force by regulation
• Supply Act, 2003-2004 (Supplementary Estimate No. 3), S.B.C. 2004, c.1 (Bill 9) Summary: Bill 9 allocates an additional $27.3
million for the fiscal year ending March 31, 2004 for the Ministry of Agriculture, Food and Fisheries, including to compensate producers for estimated financial losses due to the impact of the livestock wasting disease, BSE. In Force: On Royal Assent February 26, 2004
•
In Force: On Royal Assent for specified sections and various in force dates retroactive, including from April 1, 1993 for specified sections. Sections 23 (a), (c) and (d), 24 to 26, 28 and 30, all under the Motor Fuel Tax Act, come into force by regulation
REPORTS AVAILABLE Eighth Quarterly Deregulation Progress Report (October to December 31, 2003) (January 2004) . Source: Ministry of Small Business and Economic Development. Available at: www.deregulation.gov.bc.ca.
Summary: Bill6 amends 14 statutes, including the: Community Charter regarding dust and particulate matter eliminator tax exemptions; Corporation Capital Tax Act to require eligible property to be directly used for a specified purpose; Home Owner Grant Act to increase the grant; Income Tax Act to restrict the eligibility for specified tax credits; Insurance Premium Tax Act to expand the meaning of "taxpayer" regarding insurance contracts entered into by non-residents; Motor Fuel Tax Act regarding alternative motor fuel blends, family farms and the disability tax refund; Property Transfer Tax Act to expand the exemption from property transfer tax for transfers of family farms; and the Tobacco Tax Act to increase taxes on tobacco products and new director powers regarding retail authorization to sell tobacco products. Bill 6 also creates a new seven year limitation period for tax collection proceedings for the following statutes: Corporation Capital Tax Act; Hotel Room
Tax Act; Insurance Premium Tax Act; Logging Tax Act; Mineral Tax Act; Mining Tax Act; Motor Fuel Tax Act; Motor Fuel Tax Act; Social Service Tax Act; and Tobacco Tax Act. April 2004
26(1) The Rules Committee in-
Employment and Assistance Program Time Limits Report (February 2004). Source: Ministry of Human Resources. Available at: www.mhr.gov.bc.ca.
vites comments from the profess ion o n the following issue wh ich arises from Ru le 26 of the Ru les of Court. Some have suggested that
Land Title Branch Electronic Filing System Project (January 2004). Source: Ministry of Sustainable Resource Management. Available at: srmwww.gov.bc.ca/landtitle/EFS_web_site/ index.htm.
Taxation Statutes Amendment Act, 2004 (Bill 6)
The Test for Production of Documents under Rule
the test for producibility articulated in Peruvian Guano is too broad, with the result that the number of docu ments required to be produced under Ru le 26( I)
Prevention of Falls and Injuries Among the Elderly (January 2004) . Source: Ministry of Health Services and Provincial Health Officer. Available at: www.healthplanning.gov.bc.ca/ pho.
can be burdensome, both to the party making production and to the party receiving prod uction. The question is whether a different test can and shou ld be
Report from the 2003 Firestorm Review (February 2004). Source: Ministry of Forests. Available at: www.2003firestorm.gov.bc.ca/firestormreport/ default.htm.
devised which woul d ensure fair access to documents in the hands of oppos ing parties, wh il e reducing the volume of production to a
Report on Health Authority Performance Agreements 2002/03 (February 2004). Source: Ministry of Health Services. Available at: www.healthservices.gov.bc.ca/socsec/pdf/ haagreement0203.pdf. •
manageable level.
Send comments before Ju ly I, 2004 to Ms Judith Hoffman, Secretary, Rules Revision Comm ittee, The Supreme Court of B.C., 800
CBA Members Save at Chapters & Indigo
Smithe Street, Vancouver, B.C., V6Z 2E I
Save 10 per cent off regularly priced books, bargain books and audio books at all B.C. -- -Chapters and Indigo stores. Present your CBA membership card to receive the discount. I 3
Guest Column
A Win-Win Deal on Real Estate CBABC brings parties together to find resolution
I
Marguerite (Meg) E.
Shaw Meg Shaw is the Chair of the CBABC Government Relations Committee.
n March 2003, the B.C. Government issued a discussion paper on proposed reform to the Real Estate Act. The proposal included tampering with the exemption that allows lawyers to assist clients in real estate transactions without being licensed under the Real Estate Act. In response, the CBABC Real Estate Sections and Solicitors Issues Committee formed a subcommittee that in short order produced a comprehensive 39-page submission to the Minister of Finance. We added the Real Estate Act issue to our government relations agenda to increase pressure by using the CBA MLA Network - Provincial Council members met with each MLA, providing them with a two-page position brief on the issue, including reasons why the lawyers exemption should not be amended. We met with Ian Mulgrew, at the Vancouver Sun, to brief him on the issue. He subsequently wrote a major article on it. We ensured that the topic was mentioned in every MLA and Ministerial meeting we had - the intent was to educate the Caucus about the issue, and build a core group of supporters from within. On July 24, 2003, CBABC met with the Deputy Minister of Finance and his senior staff, for a full hour of frank discussion about our concerns and, on the government's side, the issues that had led the Ministry to propose the change. The Deputy advised us that the key to resolving this issue was for the legal profession and realtor groups to reach an agreement that removed the need for government intervention. In early September, we convened an historic meeting of the CEOs and advisors of the regulators and professional associations of both the legal profession and real estate practitioners the B.C. Real Estate Association, the Real Estate Council of B.C., the Canadian Bar Association B.C. Branch, the Law Society of B.C. and the Society of Notaries Public ("the Group") . This Group would meet and correspond over the next four months, successfully narrowing
14
down the issues of concern, and seeking re lutions. At this table, it was identified that rules g erning lawyer employees were of particu concern. The Law Society demonstrated goodwill in seeking to resolve the mat quickly by establishing a Law Society T Force, headed by bencher Ralston Alexan QC. The Group proposed names of individ to serve on the Task Force, to represent a ance of interests. The Task Force was est lished, met and developed a series of rec mendations that were accepted by benchers. The fact that the concerns of realt were met quickly and thoroughly by the L Society provided a very positive environm for the next stage of the process. On January 30, the Group met for the last to discuss the terms of agreement that wo be sought from each of the representa groups. This included an agreement that pervision of law firm employees was alre governed by the Legal Profession Act, includ those engaged in the practice of real estate, it was therefore unnecessary to include ployees in the Real Estate Act exemption. Over the course of the following week, each ganization's governors reviewed the rna and all agreed to proceed. On February 9, sent a communique to the Deputy Ministe Finance saying "it is the consensus of all valved that the introduction and passage new Real Estate Act should proceed, with lawyers exemption changed only by remov the words "or a person employed by hi her." Following up on our earlier government r tions action, we communicated to key we had briefed earlier, letting them know the issue had been successfully resolved. though the new Real Estate Act had not been traduced as of the date of writing this articl is our expectation that there will be no fur change to the lawyers exemption.
Guest Column
Common Concerns
D
o the legal and real estate professions have anything in common? From the British Columbia Real Estate Association's (BCREA) perspective, there are more similarities than differences.
For many years BCREA and CBABC have held joint copyright on the standard form most critical to a real estate transaction: the Contract of Purchase and Sale. The contract was originally developed by the two organizations through BCREA's Standard Forms Committee, and a CBA representative has been a member of that committee since it was created. There are two reasons this partnership has been so successful. First, both the legal and real estate professions recognize each other's strengths. Real estate agents' experience in the market and with clients matched with lawyers' education and ability to draft legal documents has resulted in a well recognized and respected standard form. Second, both professions are genuinely concerned for the welfare of their clients. A carefully crafted contract ensures buyers and sellers are adequately protected in the transaction. It also creates an atmosphere of certainty, which is important when people are making some of the largest purchases of their lives. A recent example of our shared concern for real estate consumers is the Law Society of B.C.'s draft rules regarding the use of unlicensed staff in real estate transactions. In 2003, BCREA learned that some law firms used unlicensed assistants to market real estate listings, without disclosing that these individuals were not lawyers. When BCREA brought this matter to the Law Society's attention in September 2003, we were pleased with the quick action that was taken. The Law Society immediately struck a task force to examine the role of lawyers' employees in real estate transactions. The recommendations of this task force were tabled in late January 2004. BCREA was again pleased to see that April 2004
they closely mirror the restrictions imposed on unlicensed real estate assistants by the Real Estate Council of B.C. It must be said that some obvious differences exist between us. BCREA has gotten a clear response from real estate agents around the province that they do not consider active soliciting and marketing of real estate listings to be the ordinary course of business for lawyers. The Law Society has been equally clear that it believes this does fall under the practice of law. Despite this difference of opinion, we have agreed to disagree and to carry on with the business at hand.
For example, BCREA and the CBABC recently submitted a joint letter to the provincial government regarding a potential licensing exemption under the Real Estate Act for accountants. Both organizations believe that the lack of an adequate regulatory scheme for accountants puts consumers at too great a risk.
Robert Laing
Executive Officer British Columbia Real Estate Association
For 20 years, Mr. Laing has served the real estate profession in the roles of lawyer, educator and liaison to all levels of government, crown corporations and regulatory bodies. Before joining BCREA, Mr. Laing was the head of UBC's Faculty of Commerce and Business Administration's Real Estate Division, where he
The two professions also have common interests in protecting B.C.'s Torrens land title system and the rights of property owners. Legislation at the municipal, provincial and federal levels continually and increasingly erodes the rights of owners with respect to the use of their property, usually without any notice being filed in the Land Title Office and without appropriate compensation and appeal processes.
focused on developing and delivering pre-licensing and continuing education to the real estate profession.
By combining the efforts of nearly 13,000 real estate agents and 10,000 lawyers, we are sure to have an impact on legislative developments. By working in the best interests of real estate consumers and sharing our respective expertise, we accomplish our most basic mission: to serve our clients. BCREA looks forward to long and productive relationships with the CBABC, the Law Socie!}: and the Society of Notaries Public of B.C. •
IS
Guest Column
The Law Society View
T
Ralston Alexander, QC Ralston Alexander, QC is the First Vice-President of the Law Society of B.C. and a partner in the Victoria law firm Cook Roberts.
he Law Society and the B.C. Real Estate Association have reached an agreement to be put to the Ministry of Finance on the licensing exemption for lawyers in the provincial Real Estate Act. As of February 2004, both organizations agreed that lawyers should not require additional licensing to conduct real estate sales. A lawyer's staff including, paralegals and secretaries, however, will not be covered by the exemption. The extent to which lawyers and their staff are exempt from the licensing provisions of the Real Estate Act arose last year when the Ministry of Finance, at the urging of the B.C. Real Estate Association, proposed changes to the Act. Under the proposal, lawyers would have been restricted to conducting only those real estate sales that are ancillary to settling an estate, administering a will or resolving a marriage settlement. Lawyers would not be entitled to list or sell a property outside these circumstances unless they were separately licensed under the Real Estate Act. The Law Society strongly opposed the government's proposal and established the Real Estate Act Review Task Force which I chaired to review the draft legislation. That Task Force made submissions to the Ministry of Finance pointing out that B.C. lawyers have had a longstanding exemption under the Real Estate Act that allows them to engage in real estate sales without any additional licensing requirements. The submissions also noted that the exemption had caused no public harm and there was no public policy rationale to restrict it. The B.C. Branch of the Canadian Bar Association . and a number of B.C. law firms joined in opposing the restrictions and presented submissions of their own. With encouragement from the Ministry of Finance, the Law Society and the B.C. Real Estate Association discussed their respective concerns and came to a common understanding. Both organizations have now agreed that the licensing exemption for lawyers in the Real Es-
16
tate Act should not be changed but that a lawyer's secretaries, paralegals and other nonlawyer staff are not covered by the exemption. If the government amends the Real Estate Act to reflect this understanding, the Benchers will revise the Professional Conduct Handbook to clarify the role of law firm staff in real estate sales. Accordingly, when a lawyer is engaged in the sale of real property, only the lawyer may take instructions from the client or provide advice to the client with respect to buying and selling real estate or with respect to the listing agreement, property management contract or contract of purchase and sale. Only lawyers will be permitted to present, accept or negotiate offers or contracts of purchase and sale for clients, and any advertising with respect to real estate sales must be in the name of the lawyer or law firm.
Under the lawyer's supervision, employees will be entitled to draft documents and correspondence for approval by the lawyer for presentation to the client (as in other areas of practice), arrange for maintenance and repairs of real property under the lawyer's care and control, attend at a property with a prospective purchaser to open the home (but not conduct an "open house"), act as security during the viewing of the home and provide prepared in• formation packages.
New National Member Service: Freestay Getaways Freestay Getaways offers CBA members significant savings on accommodations for two or three-day stays throughout Canada. By spending a preset minimum in the hotel's restaurants, CBA members receive a room at no charge. www. freestaygetaways.com
BarTalk Vol. 16/No. 2
Guest Column
What Best Serves The Public Interest?
.._. ,~r.: ~ . ~ ·.·,..:.._ . ·'. ·' ,I
Y
ears of education (minimum six years university, one year articling) plus years of experience provide a lawyer with the training to guide clients through the legal processes of daily life. Of all that we have learned, first and foremost, it is to act in the best interest of our clients, including our clients' right to choose who represents them. One of the fundamental rights of every citizen is that of choice. Governments build their political platforms on the right to choose. Their constituents usually reject monopolistic practices. Whether it is choosing representation in parliament, purchasing a new automobile, finding an appropriate financial institution or selling a home or business, citizens want the right to choose. Over the past number of years, the legal profession has been encroached upon and eroded. Many law practices have lost considerable revenue to accountants drafting letters of intent; financial advisors suggesting an "estate plan"; mortgage brokers with the 'best deal' and financial institutions preparing and registering their own security documents for consumer loans. Do these professionals suggest to their clients that they should first consult with a lawyer before signing any documents? Unlikely. As lawyers we have been aware of these questionable practices without taking actionuntil now.
ing clients, they can save their clients money. Servicing clients in this way increases revenue for lawyers. This activity by lawyers has garnered the attention of realtors. They are not happy about sharing the pie. Recently, controversy arose because the real estate industry has attempted to restrict our activities. They sought government intervention to change the Real Estate Act. Specifically they wanted to change the current lawyers' exemption as it applies to our employees.
l~iR. Dale Janowsky, QC President and Founder, Lawyers Business & Property Network
"A direct result of the monopolisation of real estate services by estate agents is the ability of estate agents to ensure that consumers are prevented from having the benefit of legal advice." - Real Estate Lawyers, Victoria, Australia: www.relv.com.au/ index.hbn The Network (www.thenetwork.ca) offers the public choice, privilege, insurance, knowledge and is committed to having its members provide advice before their clients sign any financial transaction (i.e., buying a home or business). The Network has received approval from the Law Society of B.C. including the ethics committee and law society insurers. Funded solely by membership fees, The Network operates on less than a shoestring budget. As the president and founder, I put in many volunteer hours.
The Lawyers Business & Property Network is a non-profit society helping lawyers assist their clients with business, property and financial transactions. We provide an independent voice for our members. We say "enough is enough." Let us do our job according to the law, as we have for decades past.
In my capacity as president, I have been appointed to a task force to review the exemption and make recommendations acceptable to all parties. The goal is to avoid government intervention. My involvement is a good indicator to government that The Network has a voice independent of the Law Society and CBA.
Lawyers have been representing their clients in real property transactions since the 1890's. Many lawyers have dropped conveyancing from their practice. It doesn't pay anymore. However, a handful of lawyers have realized that, by increasing the level of service to exist-
The Network is constantly looking at ways to attract new members. By linking with a lawyer referral service offered by the CBABC, I plan to offer members greater exposure to a global mar• ket.
Apr il 2004
.
The Lawyers Business & Property Network Join The Network and Mr. Janowsky wil l show you how to increase your revenue by working your existing fi les. The Network has 59 members in B.C., two in Alberta and one in Ontario. For more information call 250-372-2022 or e-mail info@thenetwork.ca.
17
Guest Column
Standard Contract of Purchase &Sale The obligation to use the CBA Standard Undertakings awyers and paralegals often call me as one of the original drafters of the CBA Standard Undertakings, when a lawyer or notary acting for the other side in a residential conveyance, refuses to accept the CBA Standard Undertakings. I am frequently asked: "Where in the Legal Profession Act or the Law Society Rules does it require that lawyers use the CBA Standard Undertakings?"
L
Edward L. Wilson Edward Wilson practises real estate and municipal law at Lawson Lundell. He is past Chair of the Real Property-Vancouver Section and continues to be actively involved in CBA and CLE matters. Mr. W ilson has been the CBA's representative on the B.C. Real Estate Association's Standard Fo rms Committee since 1996.
Undertakings Online A copy of the CBA Standard Undertakings can be found at www.bccba.org in the "Member Products & Services" area under "Law Office Resources ."
The obligation to use the CBA Standard Undertakings arises not in the Legal Profession Act or any Law Society Rules, but in the standard form Contract of Purchase and Sale, copyrighted by the CBA and the B.C. Real Estate Association. The December 2003 version of the Contract of Purchase and Sale incorporates in clauses 13 and 14, the requirement that where a Buyer wants to use the proceeds from a new mortgage charging the property being purchased to finance the purchase, or a Seller wants to use the sale proceeds to clear title, the parties must close on the basis of the CBA Standard Undertakings. Obviously, as the conveyancing lawyers are not parties to the Contract, they are not contractually bound to use the CBA Standard Undertakings. However, if the conveyancing lawyers wish to use their own form of undertakings that are materially different from the CBA Standard Undertakings, they are at risk of putting their client in breach of the Contract with their own consequential liability. Any significant deviation from the CBA Standard Undertakings may ultimately result in a Court finding that a party did not comply with their obligations under the Contract. A conveyancing lawyer who did not get their client's informed authorization to vary from the CBA Standard Undertakings in a material way, may be held liable for their client's default.
Force, the Real Property-Vancouver Section of the Canadian Bar Association felt it was necessary to review the 1999 CBA Standard Undertakings to see if the closing procedures could be improved upon so as to reduce the potential of another lawyer choosing not to honour their undertakings. After an extensive consultation process led by the Real Property-Vancouver Section and the Law Society's Conveyancing Task Force, the "transparency option" was selected and incorporated into the CBA Standard Undertakings in March of 2003. The transparency provisions of the 2003 CBA Standard Undertakings relate to the clearing of title where there are existing financial charges to be discharged and imposes new obligations on the Seller's lawyer when clearing title using the sale proceeds. (A more detailed review of the new provisions was set out in BarTalk, April 2003, page 18 - available in the "Library" at www.bccba.org.) The CBA Standard Undertakings incorporating the transparency provisions now reflect the conveyancing practice in B.C. and to deviate from this standard practice potentially opens up conveyancing lawyers to additional risks and liabilities. The Law Society of B.C. and the Law Society Conveyancing Task Force strongly support the use of the CBA Standard Undertakings. The real estate bar has always displayed a great spirit of cooperation and a desire to get deals done in the best interests of their clients. I am sure the real estate bar will continue to show that cooperative attitude and adopt the CBA Standard Undertakings as a standard part of their conveyancing practice. •
Guest columnists welcome What some lawyers seem to be objecting to is the new transparency provisions added to the CBA Standard Undertakings in 2003. In 2002, as a result of the "Wirick matter", and thereport of the Law Society's Conveyancing Task 18
If you'd like to comment on recent developments in legislation or the practice of law, we want to hear from you . Please e-mail BarTalk Senior Editor Carol ine Nevin (cnevin @bccba.org). • BarTalk Vol. 16/No. 2
Guest Column
Lawyer Referral & Dial-A-Law Services LAWYER REFERRAL SERVICE
A survey regarding the LRS was recently forwarded to a sample of lawyers on the LRS rosThe Lawyer Referral Service (LRS), which com- ter and a sample of lawyers who had withmenced operation in 1955, is a very successful drawn from the program. The survey results program that has been administered by the suggest that while lawyers are generally quite CBABC since 1971. The service is funded by the satisfied with the operation of the LRS, many Law Foundation of B.C. and feel that the current $10 fee matches members of the (which has been in place for public with lawyers who are many years) should be in"The Lawyer Referral experienced in a particular creased. This is an issue that Service is a proven, simfield of law. The Lawyer Rethe Lawyer Referral Service ple, inexpensive and effecferral Service is a proven, subcommittee is reviewing. tive program for matching simple, inexpensive and efAlthough most respondents participating lawyers with fective program for matching viewed the LRS as a potenparticipating lawyers with potential clients ... " tial source of fee-paying clipotential clients who might ents, virtually all survey reotherwise have not sought lespondents who participate gal advice or representation. in the LRS do so in the spirit of community service and to improve the legal profession's The LRS receives about 90,000 inquiries and public image. makes more than 50,000 referrals each year.
Kenneth Thornicroft
Kenneth Thorn icroft, LL.B., Ph.D., is an Associate Professor of Law & Labour Relations in the Faculty of Bus iness, University of Victoria. He is a member of the CBABC Dial-A-Law/Lawyer Referral Advisory Committee.
DIAL-A-LAW SERVICE Lawyer Referrals by Area of Law
2002/2003
Civil Litigation 10%
7%
Criminal 6%
5%
The LRS is offered for the nominal fee of $10 for a 30-minute consultation. LRS operators receive initial telephone inquiries, determine the nature of the caller's legal problem, provide the name of an appropriate lawyer in the caller's community (lawyers are assigned in rotation) and then notify that lawyer of the referral. It is the caller's responsibility to arrange a suitable appointment time with the lawyer. After the 30minute consultation has concluded, the client is not obliged to retain the lawyer nor is the lawyer obliged to accept the client's case. Apr il 2004
Dial-A-Law has more than 130 recorded scripts on file addressing a wide range of discrete legal issues. The most frequently requested scripts deal with family law issues although scripts about estates and representation agreements are also very popular. The scripts are prepared and regularly updated by lawyers- all experts in the particular area of law discussed in the script - who generously volunteer their time and expertise. The CBABC has operated the Dial-A-Law Service, with financial support from the Law Foundation of B.C., as a free public service since 1982. This service is available through a tollfree telephone number (1-800-565-5297; Lower Mainland: 604-687-4680) and online at www.bccba.org. Last year, nearly 30,000 people accessed the service either by telephone or online.
Volunteers Sought The Lawyer Referral Service seeks lawyers to accept lawyer referrals.
The Dial-A-Law Service seeks volunteers to review and update existing Dial-ALaw scripts or to propose new scripts.
For more information about either program call Lorna O'Grady, Lawyer Referral Supervisor, at 604-646-7858 or 1-888-687-3404 (ext. 309). •
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Guest Column
10 Steps To A Hard-Working Web site
S
o, your long-awaited Web site is finally online ... or long forgotten. The partners eventually agreed what to post, everyone drafted a biography and smiled for the camera. Phew! Now you can get back to practising law. Susan Van Dyke
Susan Van Dyke, Principal, Van Dyke Marketing & Commun ications, is a law firm marketing consultant
Not so fast, Eddy. If you've done most of the (thankless) work yourself, you know how much time, energy and persuasion it took and that was just to get agreement on the background colour. Now, don't you want your site to work as hard as you did in creating it?
3.
Reduce, Recycle, Reuse. Every presentation, article or opinion memo can be posted on your site. Be sure to sanitize the material of client names or identifiers first.
4.
Accessibility. Provide direct access by listing the lawyers' direct phone and email addresses. Anything else is just a roadblock, and will annoy and irritate your clients or prospects.
5.
Buck up. Some of you need a lot of help with web design. Fancy design isn't necessary, but good design will be immeasurably helpful. Even a small budget can improve the effectiveness of your site.
6.
"You are here." Don't let visitors get lost. Lead them to the best parts, but also provide site maps, headers or sidebar menus, so information is found quickly.
7.
Web stats! Almost all web hosts will provide basic monthly usage numbers at no charge. You'll see what pages are accessed most often, where visitors are located, the time spent on each page, entry and exit pages and more, depending on your host's reporting package.
8.
Update that bio. Review your biography regularly. What's changed? What's new? Take a goodlook at thephotos-don'tget me going on photos again (see BarTalk, October 2003, Vol. 15/No. 5)!
9.
Include your address. All your corporate materials should include your Web site address, particularly your e-mail signature block on the bottom of outgoing e-mail.
and can be reached at 604-876-7769 or svandyke@te lus.net.
Think of it this way: you've spent countless hours writing a book, and on completion you drop it off at the bookstore. Yup, with a sigh of relief you just chuck it through the door, turn and run. Wiping your hands, your work is done. Hardly. No one can find it, or even knows it exists. Unlike a book, no Web site is static. Take a serious look at your site and think about how it can work even harder for you. Consider: 1.
2.
20
Site optimization. Huh? Rankings and Web sites are akin to sales people and insurance services. You must have good ones. The key words that describe yourfirm should result in a first-page ranking for your siteinsearch-engineresults. Testyourfirm's results by searching for words that describe yourfirmorpractice(e.g.,constructionlaw). If you don't appear in the first two pages of results, important web traffic is walking right past your door. To improve rankings, you can pay for placement, encourage other reputable sites to post a link to your site, revisit and improve your meta tags (descriptors of your site used by search engines) and drive visitors to your site search engines favour sites with a wellworn path. Write for your audience, not your colleagues. Many sites are introspective and written for the benefit of other lawyers. Remember to minimize legalese, use plain language and define terms when necessary.
10. Refer to your site. Now that your site is packed with great articles, use itto promote the firm and save you time. Post FAQs (Frequently Asked Questions) for client groups and prospects who need basic information. E-mail articles by sending a quick note and a web-page link, rather than by attaching a document. • BarTalk Vol. 16/No. 2
Executive Director's Column
Law Week Activities Widespread Opening doors to educate people about the justice system aw Week activities will take place throughout B.C. April12 to 17. Communities such as Duncan, Nanaimo and Prince George will celebrate the anniversary of the Charter with open houses and youth activities. Members of the bar, their families and staff are invited to join in the festivities.
L
OPEN HOUSES Duncan will have an open house at its courthouse. There will be: an open courtroom with a sheriff and a judge "Ask a Judge"; representatives from Women Against Violence Against Women; RCMP (dog squad and Safety Bear); a law-related children's game; and seminars in the courtrooms led by local lawyers.
At press time, plans were underway for open houses at the courthouses in Nanaimo and Kelowna.
In Prince George, an open house at the courthouse is also planned, along with a mock trial. The RCMP, Native Counselling Services, and others have been invited to set up displays. Lawyers will give tours. The Vancouver open house will be held at the Vancouver Law Courts on Saturday, April17. The schedule is shown below.
STUDENT ACTIVITIES Students in Nanaimo and the Lower Mainland will have the opportunity to explore law as a career option through the student mentor pro-
gram. The program matches students with lawyers for a half-day in the lawyer's workplace. It has been successful for many years, due to strong support from CBA members. High school students are given the opportunity to compete in the public speaking, photo and short story contests. The top three winners in each category receive cash prizes. The public speaking contest, in which students compete for the Barry Sullivan Law Cup, will take place at the Vancouver open house on April 17. Interested parties are welcome to attend and listen to the speeches.
Frank Kraemer Executive Director B.C. Branch, Canadian Bar Association
DIAL-A-LAWYER CBABC will hold its province-wide "Dial-ALawyer" day on April17 between 11:00 a.m. and 3:00p.m. During that time, members of the public from around the province are invited to call the Dial-A-Lawyer numbers to speak with a lawyer about a legal problem for up to 15 minutes. The Dial-A-Lawyer numbers are 604687-3221 in the Lower Mainland, and 1-800663-1919. This has been a very popular program that many believe contributes to a better image of lawyers.
Street Crime Forum A forum on Street Crime is planned during Law Week. CBC-TV's ian Hanomansing will host the fo rum on Apri l 15. Special guests will in-
SK FUN RUN/WALK
clude: Ju lius Lang from the
As part of Law Week a Fun Run/Walk was held at UBC on April 4. Many members registered to participate and approximately 25 per cent of participants were under the age of 14. We hope to develop this family event as a part of Law Week in coming years. . •
Center for Court Innovation in New York and Jim Hayden, a District Attorney from Portland, Oregon. Mr. Hayden has expertise in the areas of community courts and community prosecu-
Open House Schedule, Vancouver Law Courts, Saturday April17, 10 a.m. to 2 p.m . 10:00-11 :00
Public Speaking Competition 20 B.C. high school students
11 :00-11 :30
Citizenship Ceremony reg istration
11:30-12:00
Keynote Speakers
12:05-1:05
Citizenship Ceremony
1:00-2:00
Mock Trials Osier Elementary Grade 7 Class
April 2004
12:00-1:30 Public Speaking Finals & Awards
Displays • VPD Dog Squad • London Drugs ID kit • LSLAP • SUCCESS • Law Courts Education Society • B.C. Institute Against Family Violence • and many more!
tion.
Visit www.bccba.org for event details.
2 1
Nothing Official
Small Revolutions Once you've had Mac, you never go back
N Tony Wilson Tony Wilson is a Franchise and Intellectual property lawyer at Cawkell Brodie,
othing seems to send my law partner and friend (lets call him "Ken"), into apoplexy more than discovering that my computer seems to work when everyone else's in the office does not. Nothing, that is, except my regular boasting of this fact, particularly within earshot of the outsourced computer techies that seem to flock to our office with such regularity that we're considering giving them a dedicated phone line, free coffee, and an interest in the pension plan.
and has written for the
Globe and Mail, the Vancouver Sun and Mac/eans magazine. His e-mail address is twilson@cawkell.com.
You see, a few years ago, I switched to Macintosh, and no one else in the office did. In one of those moments familiar to users of Windows 98, Windows Millennium, and even the new and improved XP, I had one crash too many and caught one virus too much. I lost data I shouldn't have lost, and bought upgrades that wouldn't work with previously installed software. In a fit of anger, I decided to throw Windows more or less out the window. I have no regrets, although my move away from the notso comfortable world of Windows has not sat well with Ken. Mention the word "Mac" to Ken, and watch steam pour from his ears. Get a mutual friend to tell him that our friend is switching to Mac, and see Ken's face go red. Eat an apple in his presence only with a clear, unobstructed path to the door, and Todd Bertuzzi as your bodyguard. This is not to say I don't use Microsoft products. In fact, in an ironic twist of fate, I couldn't have fired Windows without Microsoft's help. Because they make Microsoft Word, Excel and PowerPoint for Macintosh, and because all Macs now seamlessly integrate into Windows networks just the way other computers do (plug it in and voila- you're on the network with everyone else!) I can pretty well open anything that's e-mailed to me, access an Excel spreadsheet on anyone's directory, create a monstrously large and complicated Word document, and prepare a PowerPoint presentation, all on my Mac. In short, I can do virtually anything on my Mac that my partners can do with Windows, unless of course the specialized
22
software isn't made for Mac. But wait, a product called Virtual PC allows me to "emulate" a PC on my Mac, so I can run PC Law and other "Windows Only" programs without retuning to the Dark Side. (And it's put out by Microsoft, of all things!) So switching to Mac these days is just another option, like the kind of car you drive, the music you listen to, the shoes you wear, or the accounting program you use. I've become somewhat of a Mac evangelist since my conversion, taking every opportunity to explain why I switched, and why, as they say, once you've had Mac, you never go back. I brag about easy integration with Windows networks. I boast about my immunity to viruses that plague our office (and yours). Viruses don't know what to do on a Macintosh, so when everyone else is "down" I'm still up. I boast about its preponderance not to crash, causing our computer techies to look despairingly at my 20 inch iMac and say "Are you trying to put us out of business with that thing or what? They never crash." I boast about my Mac integrating my calendar and my contacts all on my iPod, (together with 1,648 songs from my iTunes library). I can even store files on my iPod, using it as a back up hard drive for all my documents. My wife says I didn't have to change spouses or law partners for my mid-life crisis- just operating systems. But I suppose my real reason for switching stems from my need to be aminor revolutionary in an inherently conservative business, and not feel I have to jump off a cliff just because all the other lemmings are doing it. As lawyers, our personal room for rebellion is so sliver thin, wearing sandals to work is provocative and going tieless is still novel. In a profession where we're all educated in the same way to think in the same manner, switching to Mac allows me to tilt at a few windmills, ruffle a few feathers, stir a few pots and start the smallest of rebellions. It allows me to prove to anyone who cares, there is another way to do this job, and it works. •
BarTalk Vol. 16/No. 2
Web Column
Road map to the Web site
F
or some CBA members, the B.C. Branch Web site is an undiscovered resource. Other members have explored and mined the wealth of information found at this 'member's only' site. There are many documents online to help you with your practice and assist you with the media. The "Library" is your e-source for media information, where you'll find A Practical Guide to Dealing with the Media. The Client Care Kit offers information on language and listening, the letter of engagement, and managing and training client relations. Other publications in the Library include CBA Standard Undertakings, Contract of Purchase and Sale, and BarTalk. The "CBABC Newsroom" has practice advisory panel listings, full legislative updates, and information about appointments, awards, honours, and nomination procedures. "Member Products & Services" details the products and services that offer direct cost-savings for members. Online categories include law office resources, financial services, merchandise, travel and entertainment. Check it out!
ASK THE WEB MASTER How should I dispose of my old computer? Environment Canada says that by 2005 an es-
timated 67,324 tonnes of e-waste (computers, monitors, laptops, etc.) will be disposed of every year. Yet experts estimate that more than 97 per cent of a computer's components are recyclable. For information on recycling program in your area, contact the Recycling Council of B.C. (www.rcbc.bc.ca) or e-mail hotline@rcbc.bc.ca. To keep e-waste out of landfills you can: use municipality recycle programs; donate old equipment; upgrade or repair electronic products; and encourage vendor and manufacturer participation in recycling programs. •
Patricia jordan
Patricia Jordan is the CBABC Manager, Interactive Media. She welcomes your comments, questions, and suggestions.
Privacy Resources for Law Firms
If you have a question about site content, or
Check out Practicelink at www.cba.org for information on these topics: • • • • •
Law Firm Privacy Compliance in 10 Steps; LawPRO Model Privacy Policy for Law Firms; The Privacy Net; The New Rules of Workplace Privacy; and Privacy and your clients: An agenda for every firm.
would like something added to the site, contact her at pjordan@bccba.org or call 604-646-7861
0
I
Free Recruitment and Placement Services Online Are you looking for a new hire or seeking a new position? Visit www.bccba.org (Human Resources page) for free recruitment and placement services provided by the Counsel Network, a CBA preferred supplier.
HELP IIWANTED_j
Site du jour www.ccme.ca
Environmental issues of national and international concern are discussed on this Canadian intergovernmental forum .
8th Annual CBANBA Golf Tournament Back FORE more, June 24! Join fellow members of the legal profession on Thursday, June 24 in a fun-filled day of golf and prizes at the 8th Annual CBA/VBA Golf Tournament! Hit the links at the UBC Golf Club, network with colleagues and support CBA Student Awards. Register before May 1, for just $140 (incl. GST); after May 1, for $155 April 2004
(incl. GST). Your fee includes 18 holes of golf, lunch and beverage voucher, buffet dinner, silent auction and lots of prizes. The registration deadline is June 17. Tournament proceeds fund an annual award for both a UBC and UVic law student who best exemplify the ideals served by the CBA. See related insert in this issue. • 23
Public Awareness Campaign Hits the Airwaves The CBA has launched a public awareness campaign, featuring both TV and print spots, to highlight the many ways Canadian lawyers serve their clients and communities. The campaign features Ottawa lawyer Ritu Banerjee, and emphasizes the professionalism and community involvement of Canada's legal profession.
ty of popular CBC programming. The spots ran most often on the Docket, This Hour Has 22 Minutes, Venture and the Fifth Estate on CBC Newsworld, and were seen from time to time on the main CBC network. The print spots will continue to run until September in a number of prominent Canadian publications including Macleans, L'actualite, Le Journal du Barreau and various law school publications.
The TV campaign was launched in February and continued through March during a varie-
To see the TV spots, please view www . cba . o~ /CBA/ about/ discover. •
CBA Offers ADR Services The Electronic Courthouse is the CBA' s newest member benefit, offering expert online dispute resolution services. Canada's premier provider of online ADR services, the Electronic Courthouse combines all the tools needed to get from dispute to resolution wholly from your desktop, including an impressive roster of experts and resolution professionals drawn from top North American law firms and trading nations around the world. Services include mediation, arbitration, expert
evaluation and negotiation support. Use the Electronic Courthouse to resolve preliminary matters, seek expert evaluations, avoid travel costs, and carry out mediation or arbitration in accordance with mandatory ADR clauses or court-mandated programs. To learn more, and to receive information about your CBA member rate, please contact Andrew Putman at 416506-0456. For details on this service, please visit www. electroniccourthouse.com. •
Assisted Human Reproduction Act
24
The National Health Law and Family Law Sections recommended amendments to Bill C-6, Assisted Human Reproduction Act, to ensure lawyers, doctors and psychologists are not open to criminal charges for giving advice to clients on surrogacy arrangements.
tions first made their views known on then Bill C-13 in an appearance before the Commons Standing Committee on Health in November 2002. Hearings on Bill C-6 were held briefly and the Committee reported the Bill on March 11.
In a letter to the Senate Committee on Social Affairs, Brent Windwick of Edmonton, a member of the CBA's Health Law Section says "In general we support the bill. Canada desperately needs to move forward with legislation in this area, but we would have preferred a different approach to Bill C-6." The two national Sec-
View the letter to the Senate Committee at www .cba.org/ CBA/ submissions/main/ 04_08.asp. View the submission of November 2001 at www.cba.org/CBA/pdf/reprobrief .pdf. View the release of November 2002 at www .cba. org I CBA IN ews I 2002_Releases I 2002-11-22_repro.asp. •
BarTalk Vol. 16/No. 2
New: Dial-A-Law Scripts Available in Mandarin Members of the public may now telephone the Dial-A-Law service and access any script in Mandarin, by dialing "5" in front of the script number. "We are pleased to be able to offer this valuable service to the growing population of Mandarin speaking residents in B.C." said Pene-
lope Green, Chair, Dial-A-Law /Lawyer Referral Advisory Committee. The translation and recording of the scripts was funded by the Law Foundation of B.C. under the Projects Initiative 2003 Fund. Dial-ALaw is a public service operated by the CBABC and funded by the Law Foundation of B.C. •
Dispute Resolution Offers Lawyer Mediators Stressed out from conflict or poor communication with a colleague or opposing counsel? Feel like you need some help resolving the problem, but it's not serious enough to call in the Law Society? Try the CBA' s Member Dispute Resolution service run by lawyer volunteers who will talk to you on a confidential basis to help work out disputes that aren't reportable Law
Society matters. This is your chance to talk the issue through with a lawyer mediator, and seek quiet counsel on how to handle it. Check out the CBABC Web site for more information- www .bccba.org, or call the Member Dispute Hotline at 604-646-7864. •
Battle of the Bar Bands Returns Mark your calendars now! On Friday, June 11, the third annual Battle of the Bar Bands returns to the Commodore Ballroom-Vancouver's premier rock venue.
portunity for lawyers to support lawyers in need.
For two years running, this fundraiser has raised tens of thousands of dollars for the CBABC Benevolent Society. Eight bands comprised of some of the best lawyers/rockers will showcase their considerable talents before what promises to be another sell-out crowd and a panel of demanding judges chosen from the ranks of the B.C. Supreme Court. Rick Cluff, the host of CBC Radio One's morning program - The Early Edition - will serve as M .C. again this year. All indicators point to the 2004 event to be the biggest and the best ever.
Date: Friday, June 11, 8 p.m. Doors open at 7 p .m .
Start lobbying your firm now to purchase blocks of tickets so that you, your colleagues and your support staff can enjoy what promises to be a great evening and an excellent op-
Musicians: Bands wishing to participate should call Roger Holland c/o Singleton Urquhart, 604-682-7474 (reh@singleton.com) for competition rules and entry requirements. •
April 2004
Tickets: $75 for lawyers and $25 for everyone else. Order your tickets today by calling 604-6467855 .
Last year Jeevyn Dhaliwal of the "The Purdy Mouth Band" sang Shania Twain 's Up! "Once people started dancing, they didn't stop. "
25
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Hoop law 2004 Raises $35,000
Long Lost
Money? ~~
The Bank of Canada's Web site lets you search online for unclaimed bank account money.
Visit http://ucbswww. bank-banque-canada.ca/ scripts/search_english.asp to search.
To search B.C. unclaimed property accounts visit
On March 6, the Hooplaw Society held its annual Charity Basketball Tournament in support of local children's charities. The event was again a resounding success. More than 150 lawyers, judges and law students participated, raising $35,000. Fourteen teams participated in two divisions with the UBC law students winning the competitive division and Blake, Cassels & Graydon LLP prevailing in the recreational division. The tournament organizers would like to thank the following sponsors: Red Carpet Food Services, Axa Pacific Insurance and HSBC. In addition, special thanks to the following four law firms for their significant fundraising efforts: Blake Cassels & Graydon LLP, Clark Wilson, Borden Ladner Gervais LLP, and McCarthy Tetrault LLP.
Conrad Nest, of O'Neill & Taylor, soars for the Alexander, Holburn Beaudin & Lang team.
Hooplaw organizers thank all individuals who participated or made a donation to this very worthwhile cause. If you were unable to participate this year, they say it's never too early to start getting in shape for next year and that skill is not a prerequisite. •
www.bcunclaimedproperty .bc.ca/ucp.asp
The Hon. M. Bastarache to Speak in Vancouver L' Association des juristes d' expression fran<;aise de laC. B. est fiere d'inviter les juristes de la province a sa deuxieme Journee de droit annuelle le vendredi 28 mai 2004 de 9h a 16h au Law Courts Inn (centre-ville de Vancouver).
A cette occasion, plusieurs conferenciers de haut calibre, dont !'honorable Juge Michel Bastarache de la Cour supreme du Canada, traiteront de sujets varies tels que les droits linguis-
Please note: The Association of Frenchspeaking Jurists of B.C . invites all jurists to attend this event. However, all presentations at the association 's second annual Law Day, including the Honourable Mr. Justice Bastarache's lunch-time talk on May 28, wil l be in French.
tiques canadiens. L' espace est limite alors inscrivez-vous au plus tot a info@ajefcb.ca ou au 604-629-1217. •
NEW RESOURCES: Separation and Divorce Web Sites for Youth The Law Courts Education Society of B.C. is pleased to announce the development of two public legal education Web sites: A Kids Guide to Separation and Divorce (ages 5-12); and A Teen Guide to Parental Separation and Divorce (pre-teen and teen). To view the sites, visit www.familieschange.ca. Professionals who deal with families experiencing separation or divorce can access the Web sites, which were carefully crafted with child development expertise. They provide 26
clear and objective information in a way that appeals to young people. The Web sites are intended to help facilitate explaining the process of separation and divorce to kids and youth. They may be used to introduce legal information, or to guide children and youth to further information. The Ministry of Attorney General developed the Web sites with the financial assistance of the Department of Justice Canada. • BarTalk Vol. 16/No. 2
Bar Moves Nathan R. Bauder of Prince George has left the firm of Hope Heinrich to join Tyo Law Corporation and will continue practising family and aboriginal law.
Marina Morgan, formerly of Shapiro Hankinson & Knutson, has opened a new practice where she will continue as counsel in civil andcommercial litigation and criminal law.
Following seven reNathan Bauder warding years as the Sea-to-Sky Crown, Greg Diamond has opened his own practice in Whistler. Diamond & Associates provides litigation services in criminal, personal injury and employment law.
Josephine Margolis Nadel joined PricewaterhouseCoopers as Director, Centre for Entrepreneurs and Family Business to advise on succession, strategic, governance and family business planning.
Hunter Gordon, previously of Ministry of Attorney General, is now consulting in provincial sales tax advisory and counsel work. See related classified ad on page 32.
After 16+ rewarding years with Peterson Stark Scott, AnnaMarie Laing has joined the Trusts, Wills and Estates group at Fasken Martineau DuMoulin. Jonathan M. Lazar has joined Kahn Zack Ehrlich Lithwick, in Richmond, B.C., where he will continue to practise family and general civil litigation. Edward Lyszkiewicz has now joined Somers & Company where he continues to practise civ-
illitigation.
Sara E. Pope has moved her law practice Josephine Margolis from Vancouver to VicNadel toria. Focusing on resort and real estate development, Sara represents developers throughout B.C. and is expanding her practice to include Vancouver Island. Darcy Wray, Carl Jacobson and Brian Rudy are pleased to announce that they have left the firm of Taylor Wray and are continuing their practice as commercial solicitors with Synergy Business Lawyers, in Vancouver.
Have you recently changed firms or opened a new firm? E-mail submissions (max. 25 words) to "Bar Moves" at cba@bccba.org. •
Member Services News List Has the Latest Want to find out about new benefits and promotions? Join the new CBABC Member Services news list! You'll receive monthly updates on new Member Services -travel and accommodation discounts, special promotions, exclusive events and more. Upon joining, your e-mail address will be added to a confidential distribution list. This list will not be shared. To join, email member_services@bccba.org with "Please April 2004
add me" as the subject. Be sure to include your name and CBA membership number. Members may unsubscribe at any time. • $.~
Congratulations to Creighton Scott of ~ Peterson Stark Scott in Surrey. Mr. Scott won two Whistler Blackcomb adult day passes and two vouchers for Steep's Breakfast, for joinir;g_ the Member Services news list before March 5. • 27
CBA Canadian Legal Conference
Terminal City Club: Vancouver Cocktail Party CBABC members interested in membership at Vancou-
In an era where globalization characterizes almost every facet of life, from commerce to politics to health epidemics, traditional geographic and political boundaries are losing their meaning and change is becoming the order of the day. The 2004 CClnadian Legal Conference, August 15-17 in Winnipeg, features 28 Continuing Le_gal Education programs that will expand your horizons and offer advice on how to succeed in an unpredictable post-border world. Take ad-
vantage of these and other valuable networking opportunities, as well as a plenary session on the role of international human rights law hosted by Ann Medina and featuring Stephen Lewis, Janice Gross Stein and Sheema Khan. Watch for your copy of the Conference brochure in the March / April issue of the National. Full conference details and registration are available at www.cba.org / CBA/ annualmeeting / 2004_annual. â&#x20AC;˘
ver's Terminal City Club are invited to attend a cocktai l party at the Club on Thursday, May 27 at S:30 p.m. See related insert in this
Law for the Future Fund Challenge
issue.
To RSVP or for further information, contact Bill Massender, Terminal City Club Membership Sales Manager at 604-488-8636 (wmassender@tcclub.com).
The Canadian Bar Law for the Future Fund is celebrating its 20th anniversary. To mark the event, Fund Chair Laurence Pattillo is challenging members to make a donation of 33\t a day ($120 per year) to build the endowment fund. "The fund provides a direct benefit to the legal profession today and for the future. Your contribution will help shape a better future for lawyers and the law," explains Pattillo.
Since its inception, the fund has supported more than 80 studies, including: legal research for an expanded constitutional right to legal aid; research into alternative dispute resolution; and publishing booklets on building strong lawyer-client relations. For information on how to contribute, visit www .cba .org / CBA / LFFF / LFFF / Support _the_Law _for_the_Future_Fund.asp. â&#x20AC;˘
Branch and Bar Calendar April -June 2004 April April April April April April
13 IS 17 17 21 24
April 26 May 7 May II May 19 May 19 May June June june June June
20 II 17 18 19 23
June 24
New Westminster Bar Association Meeting (Westminster Club, S:30 p.m.) Kelowna Bar Association Meeting Law Week Open House (Vancouver Law Courts 10:00 a.m. -2:00p.m.) Law Week Dial-A-Lawyer (Province-wide, II :00 a.m. to 3:00 p.m.) LAP "Options for Lawyers Workgroup" (41S - 1080 Mainland Street, Vancouver, 12: IS p.m.) Women Lawyers Forum: Education Program "Developing Res iliency" (ACT Training Center, New Westminster, I 0 a.m. to 4:30 p.m.) Restorative Action: Exploring Restorative Practices In Schools (Douglas College, New Westminster) Executive Committee Meeting (CBABC Boardroom, Vancouver) New Westminster Bar Association Meeting (Westminster Club, S:30 p.m.) LAP "Options for Lawyers Workgroup" (41S-1 080 Mainland Street, Vancouver, 12: IS p.m.) Women Lawyers Forum : Noon Series "Learn Optimism as a Success Behaviour" (Sutton Place Hotel , Vancouver) Kelowna Bar Association Meeting Battle of the Bar Bands (Commodore Ballroom, Vancouver. See related insert) Kelowna Bar Association Meeting Executive Committee Meeting (CBABC Boardroom, Vancouver) Provincial Council Meeting (Delta Airport Hotel, Richmond) Women Lawyers Forum: Noon Series " Practise Resiliency in Your Whole Life" (Sutton Place Hotel, Vancouver) VBA/CBA 8th Annual Golf Tournament (University Golf Club, UBC, Vancouver)
To announce an upcoming event or meeting in the Branch and Bar Calendar, please call Sandra Webb, BarTalk Editor, at 604-646-78S6 or toll free 1-888-687-3404, ext. 318 (e-mail cba@bccba.org).
28
BarTalk Vol. 16/No. 2
Pro Bono Law of B.C. Appoints New Chair
Mr. Doyle, a partner with Lawson Lundell since 1984, practises commercial litigation with an emphasis on insolvency, restructuring and creditor I debtor remedies. He has written on topics related to insolvency, commercial leasing, contaminated property and dispute resolution. He has also acted as an arbitrator and mediator.
currently Vice-Chair on the CBA (National) Pro Bono Standing Committee. He is a former member of the joint Law Society I CBA Pro Bono Initiative Committee which presented its final report entitled "Pro Bono Publico-Lawyers Serving the Public Good in British Columbia" in March 2002.
Mr. Doyle has long been involved in pro bono service and promoting a pro bono legal culture. In addition to acting as a Director on the Board of Pro Bono Law of B.C., he has served as a volunteer lawyer with the Salvation Army Pro Bono Lawyer Program and a member of the coordinating committee for the program. He is
Mr. Doyle has also been involved in other areas of professional service and responsibility. He serves as the Chair of the CBABC ADRVancouver Section, is a past member of the executive of the CBABC Insolvency Section, and is a long standing member of the Discipline â&#x20AC;˘ Committee of the Yukon Law Society.
Pro Bono Law of B.C. is pleased to announce the appointment of Kelly Doyle to the position of Chair of the Board of Directors, effective January 1, 2004.
New: National South Asian Bar, B.C. Chapter Kelly Doyle, the new Chair of Pro Bono Law of B.C.
The formation of a B.C. chapter of the Natio nal South Asian Bar Association (NASABA) is underway. NASABA's U.S. chapters include Atlanta, Boston, Chicago, Dallas, Florida, Houston, Los Ange les, and New York.
The objective of t he B.C. chapter is to promote professional development of South Asian lawyers and
New: Canadian Centre for Elder Law Studies The Canadian Centre for Elder Law Studies was created at the B.C. Law Institute (BCLI) in July, 2003. The Centre evolved from work the BCLI has undertaken since 2000 on legal issues affecting seniors. That work indicated a need for attention to, and information about, legal issues particularly concerning older adults. Thus, the idea for a Centre to concentrate solely on legal issues affecting seniors (elder law) was born.
I
The Centre also has a special role to play in bringing forward hidden issues that disproportionately affect older adults in ways that harm family relationships and financial interests (the current project "Financial Arrangement Between older Adults and Family Members: Loans and Guarantees" addresses these kinds of problems). The Centre's program encompasses research and scholarship, law reform, and the develop-
April 2004
ment and delivery of information and educational materials. Further information about past and ongoing projects may be accessed through the Centre's Web site (www.ccels.ca). The Centre welcomes input regarding future project ideas. Please send comments and questions to: Canadian Centre for Elder Law Studies, B.C. Law Institute, 1822 East Mall, Vancouver, B.C. V6T 1Zl. Tel: 604-822-0633, fax: 604-822-0144, e-mail ccels@bcli.org. â&#x20AC;˘
What is elder law? - - -- ------...
students through support and mentorship, to educate the South Asian community about pertinent legal issues, and to provide a referral network with in B.C. and among other chapters.
Lawyers practising in B.C. are invited to become chapter members. For more information call: Mandeep Dhaliwal at 604-631-6742 (mdhaliwal@lawsonlundell.com) For more information visit www.na-saba.org.
Elder law brings together concepts and problems that have traditionally been categorized and considered under different legal headings (e.g. , fam ily law, wills and estates, and trusts). This new conceptual framework (elder law) makes visible important connections that are otherwise obscured. It also works to bring together a body of law and legal scholarship that would otherwise be dispersed and difficult to access.
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BCCLS Brings LawSourceAccess to Libraries As of March 1, 2004, the B.C. Courthouse Library Society (BCCLS) provides free access to Westlaw eCarswell's LawSource on all courthouse library computers outside of Vancouver.
New West/ Fraser Valley Bar Golf Tournament Members of the bar, judiciary, court reporters and
The information on LawSource is available to lawyers and members of the public of B.C. as a result of subscription negotiations held between BCCLS and Carswell. There is no cost to access LawSource on the public access computers at courthouse libraries outside Vancouver. The only cost to users is the standard $0.25 per page charge for self-service printing. Some of the resources available on LawSource include: Canadian case law; federal and provincial legislation; Canadian Encyclopedic Di-
gest; The Canadian Abridgment; and KeyCite jF Canada.
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B RITIS H COLUM BIA COURTHOUSE LIBRARY SOCIETY
Training on eCarswell Training programs are underway in the six regional courthouse libraries: Kamloops, Kelowna, Nanaimo, New Westminster, Prince George and Victoria. The BCCLS will travel throughout B.C to smaller locations with courthouse libraries to train lawyers. Visit www .bccls.bc.ca for dates and locations of training programs and orientation sessions or call 1-800-665-2570.
their friends are invited to participate in this annual tournament on July 8 at the Gu il dford Golf Course
CLE Online Conferences
The
Continuing Le al Education
•
Society of BritiS h
Co~mbia
(7929-152nd Street) in Surrey. Tee times start at I I a.m. and players can golf a regular game or participate in a Texas Scramble competition.
There will be a barbecue dinner fo ll owing the tournament. Ticket prices are $95 and include dinner,
CLE is pleased to present a series of online lunchtime conferences designed to bring you the latest developments in law. Part of the "Brown Bag" series, The Year in Review offers sessions by area of interest. Almost anyone that can connect to the Internet can participate in these CLE online conferences. All courses run from noon to 1 p .m. Cost is $60 per session and registration includes downloadable course materials. The upcoming Year in Review ses-
sions are: Tuesday, April13: Family Law / Costs Wednesday, April14: Wills, Estates & Trusts Thursday, April15: Company Law / Tax Monday, April19: Employment Law / Human Rights Tuesday, April20: Privacy For more information, visit www.cle.bc.ca or call 604-893-2121 or 1-800-663-0437. jF
golf and prizes. Dinner only is $40. Part of the proceeds from the event will be donated to the CBA Lawyers Benevolent Fund.
The registration dead li ne is June 24. For more informat ion call Rick Molstad at 604-526-1821 .
BarTalk Hole Punch Final Tally
In the next BarTalk...
In the last issue of BarTalk we asked whether we should continue to hole punch BarTa/k, which was originally designed to be filed in binders. It was a treat to hear from readers -thank you for your e-mails. The final results were:
Michael Van Klaveren, B.C. Crown Counsel Association President, will outline the impact on the Crown Counsel Office and potential for disruption to the justice system arising from the B.C. Government's rejection of the Taylor Re- Michael Van Klaveren port's recommendations for settlement of an agreement concerning Crown Counsel compensation.
• •
70 per cent anti-punch 30 per cent pro-punch
Congratulations to Debra Bulmer who won a CBA stainless steel trave l mug. Debra was one of 30 people who responded to our hole punch question.
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BarTalk Vol. 16/No. 2
Law Foundation of B.C. NEW GOVERNORLINDA PARSONS Linda Parsons, a senior partner at Davis and Company in Vancouver, has been appointed to the Board of Governors of the Law Foundation. Governor Parsons Linda Parsons earned her law degree from the University of Toronto. She was called to the B.C. bar in 1980. Ms. Parsons practises corporate and commercial law with an emphasis on mergers and acquisitions, banking law, and health law. She has been active with CLE as an instructor and is a member of the Perinatal Mortality and Morbidity Committee with the B.C. Reproductive Care Society. She is also the Past President of Big Sisters of the B.C. Lower Mainland. The Law Foundation is pleased to welcome Ms. Parsons.
DEPARTING GOVERNORS- WENDY AU ANDROOPCHANDSEEBARAN Governor Wendy Au and Roopchand Seebaran finished their term as Governors of the Law Foundation in March. Ms. Au was a lay Governor from Vancouver; appointed by the Attorney General in 1998. She is a Community Project Manager with the City Manager's Office of the City of Vancouver. Ms. Au also serves on the Board and / or Advisory Committees of the Vancouver Foundation, the College of Licensed Practical Nurses, and the Asian Society for the Intervention of AIDS. During her tenure, Ms. Au served on the Diversity Committee, Policy and Planning Committee and the New Grants Committee. Mr. Seebaran was a Professor at the School of Social Work, UBC until his recent retirement. Prior to joining the faculty, he spent a number of years in direct practice as a Social Worker and Community Development Worker in agencies in B.C. and Manitoba. He also served on the Multiculturalism Committee of the Law Society and recently chaired the B.C. Council on April 2004
Multiculturalism. During his tenure, Mr. Seebaran served on the Finance and Administration Committee, the Bursary, Scholarship and Fellowship Committee, the Policy and Planning Committee, the New Grants Committee and was the Chair of the Diversity Committee. We all share a debt of gratitude to Governor Seebaran and Governor Au for their contributions to the Foundation.
2004 PROJECTS INITIATIVE
BarTallc is published six times per year by the Canadian Bar Association, British Columbia Branch lOth Floor 845 Cambie Street Vancouver, B.C. V6B 5T3 TEL: 604-687-3404 TOLL FREE in B.C., outside the Lower Mainland: 1-888-687-3404
FAX: 604-669-960 I TOLL FREE in B.C., outside the Lower Mainland: 1-877-669-960 I • BarTa/lc Senior
Editor:
We are pleased to announce that we have received nearly 100 letters of intent for the 2004 Project Initiative and the Aboriginal Women and Children's Justice Issues Project Initiative. The Foundations New Grants Committee will be making recommendations to the Board shortly about projects to be invited to submit full applications for funding. The Law Foundation's Board of Governors will adjudicate project grants at their meeting on June 26, 2004.
DIVERSITY PROFILE
CAROLINE NEVIN
604-687-3404, EXT. 320 cnevin@bccba.org • BarTallc Editor: SANDRA WEBB
604-646-7856 slgwebb@bccba.org • Editorial Board Chair: KENNETH ARMSTRONG
lcarmstronglaw@ shaw.ca • Editorial Board Members: VIKKI BELL, QC jOHANNE BLENKIN DIANA DAVIDSON
The Law Foundation has recently published an updated Diversity Profile which includes 2001 Census data as well as 1996 comparative data about the people of B.C. The Profile includes information on areas identified in the Law Foundation working definition of Diversity, which is: "Diversity includes age, different abilities, socio-economic level, education, ethnicity, language, family gender, marital/relationship status, race, religion, work experience, geographic size and location, and sexual orientation." Anyone interested in more information or in receiving a copy of the profile should contact Veenu Saini at vsaini@tlfbc.org.
The Law Foundation's Mission Statement: "To use our income for the benefit of the public of the province of B.C. by supporting programs which advance and promote the rule of law and a just society. The Law Foundation recognizes the diversity of the population of B.C. and endeavors to be responsive to the diverse public of B.C. in its workforce, Board and grant making. " •
DAVID DUNDEE ANNA FEGLERSKA
CHRISTINE MINGlE MARGUERITE (MEG) SHAW VERONICA SINGER
© Copyright the British Columbia Branch of the Canadian Bar Association-2004. This publication is intended for information purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel. The Canadian Bar Association, B.C. Branch represents more than I 0,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.
3I
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Space Available 2 PRIME VANCOUVER LAW OFFICES to share. Tasteful, view. Ready to move inequipped with secretarial stations, filing space, reception, fax, phones, photocopier, coffee, boardroom, gym, showers & parking. Right across the street from the Courthouse at 808 Nelson. Ideal for 1 or 2lawyers. $1400- $1700 per office +portionofvariablecosts. Call Tracey L. Jackson 604-682-0007 (e-mail traceyjackson@telus.net)
Advertising Classified Ad Rates CBABC members ... ... ...... .... .... $25 per line Non-Profit Organizations .... .... $30 per line Commercial Organizations ....... $40 per line Next deadline: April 30
Display Ad Rates 3 x 1 column CBABC members .. .. ...... ...... .. .. .... .... ... $450 Non-Profit Organizations .. ... ..... ......... $575 Commercial Organizations .. ..... ........... $750 1/3 page CBABCmembers ....... ... .... ...... .... ... . $1 ,300 Non-Profit Organizations .... ..... ..... .. $1,600 Commercial Organizations ......... .... .. $2,200 Next deadline: Apri130
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Next mailing date: May 28 Please directBarTa/kadvertising inquiries to Sandra Webb, Bar Talk Editor Tel: 604-646-7856 Toll free : 1-888-687-3404, ext. 318 E-mail: cba@bccba.org
~ Looking for discounts and deals? ~'@) See the Member Services insert.
Place free ads online! www.bccba.org has two areas to advertise. See "Human Resources" and the "Lawyer Lounge."
ASSOCIATE POSITION AVAILABLE Are you a junior lawyer interested in developing a focused legal practice with significant opportunities for growth? McCormack & Company is a small, well known firm located in downtown Vancouver whose primary area of practice is strata property law. We are looking for a junior lawyer to work with us as we continue to grow. Experience in strata property law (or related fields) is an asset but not required. Mentorship under a senior lawyer will be an integral part of the position while skills are being developed. As a boutique firm we do both barristers and solicitors work for our clients in a dynamic area of law. Our clients include strata managers, strata corporations and individual owners. Please visit our website at www.mclc.ca to obtain more information about our firm.
BarTalk Vol. 16/No. 2