BarTalk | June 2005

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JuNE 2005

VOLUME 17, NUMBER 3

B.C.'s Civil Justice Experiment The jury's out on "easier; faster; more affordable justice" ffective September 1, 2005, the landscape of B.C.'s civil justice system is about to change. Outgoing Attorney General Geoff Plant's parting gift to the citizens and lawyers of B.C. is a three-part reform of the court rules that govern civil procedures. While the reforms are being met with mixed response among the bar, there is no question that there is widespread interest in how the new rules will impact civil justice in the province. First and perhaps simplest among the reforms is the fact that the government can now be sued in provincial court. Previously, this required action in the more costly Supreme Court of B.C. From the perspective of citizens and businesses with legitimate claims against the government, this is a positive move -no surprise then, to see words of support in the government's news release from the Consumers Association of Canada. Second, the limit for matters to be heard in Small Claims Court is being raised from $10,000 to $25,000. This is also perceived as a positive move for the most part, as matters that previously were unaffordable to pursue with legal counsel are now within reach. The final reform is more complex, challenging and controversial; Rule 68 will be enacted in four pilot jurisdictions (Vancouver, Victoria, Prince George and Nelson), with the stated goal of streamlining Supreme Court procedures for claims under $100,000, except for class actions and family law matters. The full details of Rule 68 can be found at

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www.courts.gov.bc.ca/sc under Supreme Court Acts, Rules and Forms. Among the significant changes are new limits to pre-trial procedures; a ban on jury trials; judge-led trial management conferences with a requirement to produce in advance to all parties comprehensive trial briefs which summarize the issues and your clients' positions on the issues, a list of witnesses to be called at trial, and a summary of the evidence witnesses are expected to give; and judicial discretion to narrow the issues to be tried and impose time limits on direct and cross examination of witnesses, as well as on opening statements and final submissions. For obvious reasons, there is concern about how Rule 68 will play out in the courtrooms of B.C. On the plus side, the cost of litigation under $100,000 may decrease, allowing more potential litigants to pursue remedies with the aid of legal counsel. The new rules may also provide additional opportunities and incentives for settlement, aiding clients in achieving reasonable remedies within a shorter period of time and at less cost and stress overall. On the negative side, there is grave concern about the possible erosion of the rights of clients in defense of their case. The Canadian Bar Association, B.C. Branch asks your help in monitoring the effects of these significant changes to B.C.'s civil justice system. Please e-mail your comments to cba@bccba.org or fax to 604-669-9601 or toll-free 1-877-669-9601. BT

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Canadian Bar Association British Columbia

www.cba.org/bc


UP FRONT

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From the President Executive Director National News Member Services Section Talk

Law Week is our celebration of the anniversary of the Charter of Rights and Freedoms. It is also the one time during the year when the law rightly shifts into the spotlight. With a welcoming, knowledgeable presence we invited the public into our local courthouses to watch mock trials, consult with lawyers at information booths, take free legal classes and learn about rights due to all Canadians.

by Shelley Bentley

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Law Week Open Houses

Practicelink

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Dial-A-Lawyer

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Law Week Student Programs

Courtesy of www.cba.org

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FEATURED THIS ISSUE

Nothing Official by Tony Wilson

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On the Web by Patricia Jordan

GUEST CONTRIBUTORS

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Reflections on an Eventful Term by the Han. Chief fudge Carol Baird Etlan

LEGISLATIVE UPDATE

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These online, publicly accessible, personal journals are the new publishing platform by Christine Mingie

Acts In Force Legislative Update is available only to CBA members at www.cba.org/bc.

22 IN THE BACK

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Bar Moves

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Events

Aesop's Fables of Articling by Susan MacFarlane

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Voice From Dadaab A Port McNeill lawyer provides an inside look at a United Nations office by Michael Seaborn

Partners Canadian Bar Insurance Association Continuing Legal Education Society of B .C.

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Real Lawyers Have BlogsTM

Classified Ads

Have you moved? Let us know! If you have changed firms, addresses, e-mail addresses or phone/fax numbers, you need to let us know. E-mail us at data@bccba .org, phone 604687 -3404, or fax 604-669-9601 or contact us tollfree (phon e 1-888-687-3404, fax 1-877-669-9601).

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CAROLINE NEVIN

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free lin B.C.): 1-888-687-3404 BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch. BarTalk Senior Editor Caroline Nevin 604-687-3404, ext. 320 cnevin@bccba .org Barlalk Editor Sandra Webb 604-646-7856 slgwebb@bccba.org Editorial Board Chair David Dundee ddundee@kamloopslaw.com Editorial Board Members Kenneth Armstrong Johanne Blenkin Anna Feglerska Sarah Klinger Susan MacFarlane Christine Mingie Gurminder Sandhu Veronica Singer Dierk Ullrich ŠCopyright the British Columbia Branch of the Canadian Bar Association 2005. This publication is intended for informat ion purposes only and the information herein should not be applied to specific fact circumstances without the advice of legal counsel. The Canadian Bar Association, British Columbia Branch represents more than 5,600 members within British Columbia and is dedicated to improving and promoting access to justice, reviewing legislation , initiating law reform measures and advancing and improving the administration of justice. BarTalk Publication Sales Agreement #40741008

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canadian Bar Association British Columbia

WORK-LIFE BALANCE (VOL. 16, NO. 6) I was pleased to see BarTalk address worklife balance in four articles in the December lSSUe.

LETTERS TO THE EDITOR

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

I do have one criticism of the approach taken: harmonizing one's obligations to work, community, family and self were presented as problems capable of solution through the actions of individuals. Yet this is not a problem that can be solved satisfactorily by lawyers as individuals except in the twilight of their careers. I have found that younger lawyers are afraid to take steps to harmonize their lives and work for fear of negative impact on their career success and advancement in their firms . Law firm management has to take the lead in facilitating quality of life for lawyers. There have to be changes in law firm culture and work practices, not to mention flexible scheduling, that facilitate work-life balance for individuals. Suffice it to say that resolution of this issue is intertwined with recruitment and retention and client development in an era when clients expect the law firm to mirror the values and diversity of their community. Law firms that encourage diversity, flexibility, and quality of life within the firm will appear more attractive to their potential clientele and to law school recruits. Issues of work-life balance will be addressed by a panel discussion on Managing for Diversity during the business meeting of the National Law Practice Management Section in August at the CBA Annual L egal Conference in Vancouver. -Cheryl Stephens

Win Tickets to .. The Foursome" Enter to win two tickets to the Arts Club Theatre Company's performance of "The Foursome" at the Stanley Industrial Alliance Stage (formerly the Stanley Theatre] in Vancouver bye-mailing your name to cba@bccba.org with the subject "BarTalk Contest." The contest will close on July 8 and we will hold a draw shortly thereafter a nd contact the winner by phone. You must be a CBA member to be eligible to win. (Please allow up to 10 business days for processing membership fees.) Congratulations to Orysia Semotiuk of McCarthy Tetrault in Vancouver who won two tickets to "Miss Saigon."

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FROM THE PRESIDENT

MICHAEL C. WOODWARD

B.C. Women Lawyers Pioneer Again

aised from an early age June, where it created a time limby a working single ited special committee, which was mother, I saw first-hand to pursue creation of a Women the real challenges facing Lawyers Conference (later called a at least one woman struggling to Forum) at both the national and achieve credibi lity in a career provincial levels. while simultaneously running and That m1sswn was easily paying for a household of three achieved by these pioneering children. It took enormous effort, women lawyers, and after becomand for a period of about 10 years, ing a branch conference, chaired she was exhausted every second of successively by Margaret, KerryMichael C. Woodward each day. Lynne Findlay, Q .C. and now, President 2004/2005 So the issue has always stayed B.C. Branch Jennifer Conkie, the Forum on my radar, and I have always Cana dian Bar Association moved to the national stage. remained something of a student At the February mid-winter of it. meeting of National Council, the Women Lawyers Notwithstanding the educational advantages Forum was formally created as a National they enjoy relative to women at large, and some posConference. The adopted reasons included this foritive cultural traits that have ensued, such as the virmally stated premise: tual absence of divorcee stigma (gotta love that Pierre Trudeau), I believe those challenges are still extant "WHEREAS the B.C. Branch's Women for B.C. women lawyers, whether paired up or sinLawyers Forum has had widespread gle. acceptance as a member service in its I believe this is an important issue for this first year of operation, successfully Branch. It goes to the nucleus of"members for memlaunching a mentoring project to bers." I have said this for many years, and I am feelengage women lawyers from urban and ing very celebratory, and very proud of the formal rural centres, an education program creation in Charlottetown of the Women's Lawyers focusing on resiliency and leadership Forum as a national conference of the CBA. topics, and enhanced communication In my first year on the executive, I was pleased to with and among B.C. women have had the opportunity to work with Margaret lawyers .. . " Ostrowski, Q.C. (then Branch past president, and new Bencher) in thinking about and formalizing the I really couldn't be more delighted. These are structural options open under branch and national good times for member relevancy. Stay informed bylaws, and the "how to's" for those options. about the CBA's doings. You'll be as impressed as I Margaret was the first Chair of what was then an am by these pioneering B.C. women lawyers, who informal ad hoc group of senior women lawyers have made a good thing happen. Fast. With flawless styled the "Women's Advisory Council." In 2002 the execution. Our present and future members are in executive discussed it in April, chose its recommendyour debt. BT ed option, and presented it to Provincial Council in

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BARTALK June 2005


FRANK KRAEMER

EXECUTIVE DIRECTOR

The Lost Has Been Found A joyful moment for the Cariboo Bar Association

Bar. I surmised that what had hapveryone likes a story, pened is that the past-president particularly when it has a had brought the Cup to happy ending. This story Vancouver to have the plate began, it seems, sometime engraved with the names of winbefore I became Executive ners of whatever tournament that Director of CBABC. In February President had participated in, and 2002, I attended the Cariboo Bar somehow the Cup had disapMeeting m Dawson Creek. peared into a back cupboard. This During that meeting, as part of the social activities, a cribbage tournastory does have a happy ending: I ment was held. At the conclusion had the great pleasure at the Frank Kraemer of the tournament there was much Annual Meeting of the Cariboo Executive Director Bar held at Hills 108 Health lamenting of the fact that the B.C . Branch Ranch, May 13-15 of this year, to beloved McNeill Cup had mysteriCanadian Bar Association return the Cup to its rightful ously disappeared. As a side note, I have subseowner. As you can see from the quently learned that the Cup has been part of the trapicture, great pleasure was expressed by the members ditions of the Cariboo Bar Association for more than of the Cariboo Bar when I presented it to Cariboo Bar President Heidi Zetzsche with Robert Dick, 50 years. It has recorded various triumphs through the years; most famously the results of the golf tourQ.C. looking on. While I regret that the Cariboo Bar nament held at annual bar meetings. Former was deprived of its beloved McNeill Cup for a numTreasurer of the Law Society of B.C., Robert Dick, ber of years, I must say it was a great pleasure to be Q.C., has for many years taken an active interest in able to return it to them, after so many years away the McNeill Cup. He donated the base for it and has from its true home. BT studiously recorded the winners of the various competitions. Sometime later at a Local and County Bar Presidents' Meeting, at the request of Peter Warner, Q.C. who was then the President of the Cariboo Bar Association, I agreed to publish a request for the return of the Cup, "no questions asked." The Cup remained unreturned. Now the plot thickens! Recently, one of my staff was rearranging a storage area in the back recesses of the CBABC offices and came across what appeared to be a Cup. When the Cup was brought to me I immediately recognized it as the McNeill Cup (much CBA Executive Director Frank Kraemer presents to my dismay!). Attached to the Cup was a yellow the McNeill Cup to Cariboo Bar President Heidi sticky with the name of one of CBABC's past-presiZetzsche with Robert Dick, Q.C. looking on. dents as well as the name of a member of the Cariboo

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NATIONAL NEWS

CBA Calls for Better Balance and Tighter Oversight Striking the right balance between security and individual rights, expanding the scope of the review, and creating oversight mechanisms to ensure accountability are the three key messages to the federal government in the CBA's evaluation of Canada's three-year-old Anti-terrorism Act. "In our view, the government has not yet come up with the right equation and that means invasions of our privacy and fundamental rights are creeping into Canadian law," says CBA President Susan McGrath. The submission recommends further changes to the Act: • The current definition of terrorism is too wide and too vague, and should be consistent in all laws relating to terrorism; • Once Canada shares information with another country, it does not have control over it. Safeguards must be put in place to ensure that Canadian citizens are not put at risk; and • A security certificate issued against a foreign national under the Immigration and Refugee Protection Act cannot be appealed. The CBA recommends an appeal of a Federal Court decision, with leave of the Federal Court of Appeal. Where the government demands secrecy for security reasons, the court should name an advocate to represent the interests of the person concerned.

Law Day with Prime Minister Paul Martin On April 14, CBA President Susan McGrath shared the stage with Prime Min ister Paul Martin, Justice Minister Irwin Cotler, and 25 high

CBA Supports Changes to Family Reunification

sc hoo l students fo r a Q&A session on Law Day in Ottawa. The interactive program with the PM capped a morning of Law Day events including a mock trial and career panel, and involving some 950 high school students. As part of the celebrations recognizing the 20th anniversary of section 15 of the Canadian Charter of Rights and Freedoms, the CBA President explained the importance of equality rights and the ir evolution in the past two decades: "The Charter is not just a document in a glass case. It is a moving force in our lives. It matters to us today but it will become even more important to you in the years to come as you sho ulder the rig hts and responsibilities of citizenship." Questions from the students covered a wide range of topics from equality rights to racial profiling to the Gomery Commission .

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BARTALK June 2005

The CBA Immigration Law Section has welcomed the changes announced by Immigration Minister Joe Volpe in April to improve the family unification process for immigrants living in Canada. "Family unification is a cornerstone of Canada's immigration policy and is enshrined as an objective of immigration legislation," says Wendy Danson, of Edmonton, Chair of the CBA Immigration Law Section. "We support and welcome the positive steps being taken by the government to speed up the process for bringing parents, children and siblings of those already living and working here." The CBA has called for improvements to the family reunification process for many years, most recently on April 15 in Banff at the national Continuing Legal Education program on immigration, where the Minister and his officials were present.


MEMBER SERVICES

Making Booking Hotels Easy MeetingMax online bookings help you save time & money The CBABC has launched its latest membership service that allows CBABC members to conveniently, quickly and cheaply access hotels online. This web-based hotel-booking service gives members the opportunity for great hotel savings. MeetingMax Inc., our service supplier, is familiar with venues and hotels all over North America and is constantly expanding its services. It is continually updating the CBABC's list of contacts and inspecting locations to be sure we are current, so you have the most up to date information. The CBABC is proud of this new service to its member and hopes MeetingMax will provide great value for years to come. Check it out at www.cba.org/bc- hotels are being added all the time!

New Member Service Adventures Abroad now offers CBABC members up to $350 off their inclusive cultural programs. Adventures Aboard is a leading operator of small group and independent exploratory holidays. For more information, visit www.cba.org/bc; click "Member Savings" and "Travel."

Whistler Blackcomb CBABC still has adult lift tickets for the great price of $38 [plus tax). Use for cycling on the downhill bike park or skiing! See www.cba.org/bc for details and an order form.

Attention Sports Fans CBABC members receive preferential pricing on tickets for Vancouver"s favorite sports teams, including the B.C. Lions, the Vancouver Canadians and the Vancouver Whitecaps.

Chapters

GolfBC Don't miss these exclusive member benefits with GolfBC. Apply for your free GolfBC Rewards Card and receive 500 complimentary GolfBC Reward Points (redeemable for rounds of golf at nine different courses) and a free subscription to GolfBC eNews! Earn one point for each dollar you spend (pre-tax total) at any GolfBC property. Take advantage of this offer (expires June 30, 2005) and begin redeeming immediately. No membership dues or renewal fees. For details on the rewards program, please visit www.golfbc.com.

Check out www.cba.org/bc (see "Member Savings" under "Membership") for current and upcoming promotions. We are continually updating the website to pass along great savings to all of our B.C. members.

The CBA Chapters discount ends on June 30, 2005. We encourage members to take advantage of the 10 per cent discount while it"s still available. Please note that online ordering at a 20 per cent discount with Ind igo will continue.

Arts and Entertainment We offer up to 20 per cent off regular prices for some of Vancouver"s most popular attractions. Visit www.cba.org/bc for ticket information .

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SECTION TALK

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SHELLEY BENTLEY

The CBABC sponsors 73 Sections which play a vital role in keeping members informed both on changes in the law, and legal and po litical issues affecting a given area of practice . They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession . What follows is a sa mple of the recent activities of some Sections.

CRIMINAL JUSTICE-OKANAGAN Sometimes experts feel that they Guest speaker Ed Pedersen examneed to be biased and to consider ined the report on wrongful conwho is paying them . Be satisfied victions by the Committee of fedthat the evidence is being used for eral, provincial and territorial its proper purpose. heads of prosecution. The Committee classified the major False Confessions: Standards for problem areas that have resulted interviewing should be implein wrongful convictions. These mented to enhance reliability. All interviews should be audio/video included: • eyewitness problems; recorded. Police should be trained Shelley Bentley practises wi lls • defence counsel Incompefor tak ing confessions and be eduand estates law at Kerr tence; cated about why people confess. Redekop Leinburd & Boswell in Vancouver. • malicious prosecution (including lack of disclosure); Education: Educate police, crown, • problems with expert testimony; and defence, forensic scientists and hold a national forum • false confessions. on wrongfully convicted persons. The Committee made the following recommenELDER LAW dations to assist in prevention: Gerontologist and health care consultant Gillian Telford spoke on situations involving end-of-life Eyewitnesses: Have an independent lineup and decision-making. She outlined the practicalities make sure there is no knowledge of the case or of involved in handling DNR or "do not resuscitate" witnesses by the parties involved. The Crown should orders in institutional settings and introduced memmake sure that the witnesses are never interviewed bers to the level system used by hospitals to classify collectively, never coached and never told whether instructions regarding care of patients in DNR situathe identification was right or wrong. The Crown tions: should be wary of prosecuting with a single witness. Level 1: comfort measures only, no medication A third party witness should be present for witness (including antibiotics), no medical interferences; interviews. Level 2: comfort measures and oral medication only, like antibiotics; Informants: In custody informers should be rigorLevel 3: invasive procedures such as naso-gastric ously prosecuted if they are lying. All justice profestube feeds, intravenous antibiotics; and sionals should be educated on policies, procedures Level 4: all of the above plus cardio-pulmonary and dangers surrounding reliance on in custody resuscitation, being kept alive with a respirator. informers. The Crown should avoid using them unless absolutely necessary. Any agreement with in custody informers must be in writing. Expert Testimony: Care should be taken to ensure that the expert is qualified to give the opinion.

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FAMILY-VANCOUVER Greg Blue from the B.C. Law Institute and Professor Keith Farquhar from the UBC Faculty of Law gave a presentation on the B.C. Law Institute's proposal to reform succession rights and the post-mortem clivi-


sion of family assets. Mr. Blue presented the Committee's recommendations for the Section's review and comment. Under the Family Relations Act (FRA) a spouse automatically gains a one-half interest in all assets that qualify as family assets once a triggering event occurs. If a spouse dies after a triggering event the survivor is no longer entitled to claim relief under the FRA. The same is true if a triggering event has not occurred. Any claim a survivor might make with respect to family assets will be left to succession law. If the deceased dies without a will, the survivor's claim is limited by the formula provided under the Estate Administration Act (EAA). If the deceased dies with a will, the survivor is limited to seeking relief under the Wills Variation Act (WVA) and must compete with other family members and possibly a postmarital common law partner. The Committee proposes resolving these issues by giving a surviving spouse the right to elect to treat the death of the other spouse as a triggering event for the purposes of section 56 of the FRA. Under the proposal a survivor could elect to claim a division of family assets under Part 5 of the FRA whether or not a triggering event had occurred. A survivor w ho elects to claim under the FRA would be required to forfeit any right to claim under the WVA or EAA. If the survivor elects to claim under the FRA, the deceased's executor would have the right to claim reapportionment of the family assets. A survivor who claims under the FRA would not be able to serve as executor. The right of election would be exercisable only within six months of the death. The Committee's view is that the election procedure would simplify the complicated issues that can arise in these circumstances and reduce the likelihood of post-mortem estate litigation. This would represent a policy shift in the direction of giving priority to surVIvmg spouses. Professor Farquhar criticized the proposed scheme, calling it "conceptually confused" because it attempts to transfer a succession issue involving multiple competing claims by various family members into the FRA scheme for family assets which involves a single contest between two living spouses. It denies the legitimate claims of children by giving priority to spouses in all cases. In his view, the WVA deals with competing claims as well as can be expected. He also

doubts that the proposal, if implemented, would have the effect of reducing litigation. He foresees the same issues that currently arise under the FRA cropping up, for example, contests about what is a family asset, whether an asset is exempt from division, and whether reapportionment should occur. BT

Section Enrolment

2005/2006 Watch for your Section enrolment renewal package in your e-mail inbox in July! Next year more meetings will be held by teleconference, making it easier for you to attend. Enrolment is dependent upon you being a CBA member. Sections keep you up to date on practice trends and new developments in the law. Meetings provide a venue for members to network with colleagues to discuss issues affecting specific areas of practice. Enrolment gives you access to the CBABC website to view or download current or archive materials. Section enrolment forms for 2005/2006 will also be available online at www.cba.org/bc.

IDP Expands to Caribbean The CBA's International Development Program is expanding to five Commonwealth Caribbean countries. Working with the Inter-American Develo pment Bank, lOP will carry out an assessment of legal aid needs and capacities. Until the end of August, the CBA will work with the Organization of Commonwealth Caribbean Ba r Assoc iat ions to prepare legal aid reports in the Bahamas, Barbados, Belize, Guyana and Trin idad and Tobago. The project involves consultations with governments, courts, local bar associations, law societies and civil society groups. The results of th is research will become part of a larger initiative to improve access to justice in the English-speaking Caribbean. Details: www.cba .org/CBA/IDP

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PRACTICELINK

Stay Connected from Remote Vacation Spots

"If I go on holiday to a North American city, it's easy to phone or e-mail the office. But how can I stay connected from a cruise ship or remote vacation spot?"

your laptop in the privacy of your rustic suite. At other hot spots, you pay a small fee and may be issued a password. Available by the end of June 2005, a 24-hour Wi-Fi session at 85 California State Parks and Campgrounds will cost $7.95. t's important to leave work Major cruise lines usually have behind and take a complete Wi-Fi hot spot areas as designated This article, by Janice Mucalov, break once in a while. But Internet cafes on board well as LL. B., is brought to you by sometimes a client matter or their ships. All of Princess Cruises' CBA"s PracticeLink. file demands that you keep in 14 cruise ships are Wi-Fi accessible touch. Thankfully, today's techMs. Mucalov is an awardwith computer terminals on nology makes it easier than ever to winning veteran travel writer board; it costs $10.50 US for 30 stay connected to the office. as well as a legal writer. minutes of time. Carnival Cruise Lines' new Carnival Valor goes USE WI-FI furtherit's the first cruise ship to offer "100% even You're most likely to want to be able to easily send bow to stern" wireless Internet access from every and receive e-mails. Wi-Fi (short for wireless fidelipool deck, bar, lounge and cabin. Laptops are also ty) allows you to access the Internet, without the need available for rent in case you haven't brought your for wires, from "hot spots" around the world. Using own. a Wi-Fi enabled laptop or other computer (including (If your ship doesn't have an Internet facility, a handheld PDA - "Personal Digital Assistant"), you then head for the nearest library on shore. They usucan wirelessly send and receive e-mail within a typially have free computers for the public. Or, ask the cal radius of 1,500 feet from a hot spot antenna- at crew for an Internet cafe close to where the ship speeds 50 to 100 times faster than a dial-up connecdocks.) tion. Thousands of airports, hotels, coffee shops, Also consider setting up a free e-mail account wilderness lodges - and even parks, RV sites and like Hotmail (www.hotmail. com) or Gmail cruise ships- all offer Wi-Fi hot spots. By year's end, (www.gmail.com) that can easily be accessed from 118,000 such hot spots are expected. To find them, anywhere around the world, whether wired or wirecheck websites like www.wifinder.com and less. You can also have your e-mail forwarded from www. wi-fi.net. your regular office e-mail account to your Hotmail Most newer laptops are wireless ready; if you or Gmail account - remember to copy your office ehave an older laptop, you can buy a wireless adapter mail address with any responses you send to clients or (about $35 to $85). If you don't want to lug a laptop other lawyers. with you, hotels and cruise ships typically have desk-

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top computers available. Many places offer free Wi-Fi to their registered guests. Quebec's Fairmont Le Chateau Montebello, surrounded by 65,000 acres of forest, features free wireless connectivity in all rooms so you can work on 10

BARTALK June 2005

SIGN UP FOR A "DOCUMENTS ON DEMAND" SERVICE What if you need the ability to do everything on vacation that you can do at your office computer?


Handy technological solutions include software such as GoToMyPC by Citrix. You download the software to your office computer before you leave, and leave your computer running and connected to the Internet. Then from the little Internet cafe you've discovered while elephant trekking in Chiang Rai, Thailand, you log on to www.gotomypc.com (providing your sign-in name and password) and your Thai computer monitor literally displays what you see on your office computer screen. Basically, you can connect directly to your office computer and access and work away on your word processing, billing and other programs in the same way as if you were at your office desk. The software includes a remote printing feature so you can print the construction agreement you're reviewing from your office computer at the Thai Internet cafe as well. The latest 4.1 upgrade even gives you good access with a PDA. The "Personal" version costs $19.95 a month for one computer and you can register for just the month you're going to be away. Alternatively, for $2. 99 a month, get one Gigabyte of storage (enough for thousands of documents) through Box.net (www.box.net). Save the draft legal opinion you want to revise on holiday to Box.net and you can access it from any remote computer around the world. Another service, NetDocuments (www.netdocuments.com) allows you access to your entire firm 's repository (archived and work-in-progress documents) via the Internet for an annual subscription fee of $300 per user, per year.

you and plug it into any Internet connection to make free or cheap long-distance calls. As well, new Wi -Fi ready phones are coming out thi s year, so you can wirelessly connect at any W i-Fi hot spot. BT

* All prices in U S dollars.

Practicelink Practicelink is the CBA National's award-winning online collection of practical articles, tools, and tips to help cope with the day-to-day issues of running a law practice. Visit www.cba.org to access these new Practicelink articles: •

Five Ways to Get More Business from Existing Clients

How to Attract [and Keep) the Best and Brightest Legal Talent

Work/Life Balance? Let"s Get Flexible First

10 Deal Breakers for Clients These bad habits can be the beg inning of the end of the lawyer-client relationship : • Hang up on your client. • Consistently get your accounts wrong . • Never answer your phone - have the answering machine pick it up .

ON THE HORIZON

• Take your time getting back to clients.

With current "voice over Internet protocol" (VOIP) technology, you take your VOIP phone and box with

• Constantly tell clients how swamped you are. • Be clueless about your client's business. • Double-lawyer as much as possible.

Lawyer Referral Service Increases Consultation Fee

• Disclose information from another retainer.

Effective January 1, 2005 lawyers registered with the Lawyer Referral Service [LRS) will charge $25 [plus tax) for the initial half-hour consultation .

• Don·t bother to contact your clients until you send them your bill.

For more information call Lorna O"Grady at 604646-7858 or toll-free 1-888-687-3404, ext 309.

• Don"t keep your client in the loop .

For more information, please read CBA Practicelink's full article : What Do Your Clients Really Think of You?

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NOTHING OFFICIAL

TONY WILSON

The Conference at the End of the Universe

Torontonians, it will be inconven just returned from the same ient for everyone else to the same conference I've gone to every extent." Because it is convenient year for the past 16 years. for the Torontonians to be close to Filled with clients and other Toronto, we non-Toronto types lawyers, it's the usual flag-planting are plunked in the middle of a exercise we must all do from time Mississauga moonscape, surto time (lest our firm flags be rounded by immense robotic lookplanted elsewhere). On the first ing hydro lines, strip malls from night, I was hobnobbing with hell, and drab soulless buildings other lawyers in the company of designed by expatriate Soviet too much alcohol and not enough Tony Wilson is a Franc hise and planners (who, after discovering sleep. The next morning I had to Trademark lawyer practisi ng at the awe and beauty of brick, chair a round table d iscussion with Boughton in Vancouver. He does decided to build everything possimy good friends "aspirin," not expect to win this year's ble with it). Add to that a confercoveted "I Love Toronto" Award. "headache" and "coffee." ence hotel so close to the airport, E-mail: twilson@boug hton.ca It's well-organized by hardwide-body jets fly 300 feet above working and dedicated people, but the roof every four minutes until 1:00 a.m. it's always (and I mean always) I am a firm believer in attending conferences in held in Toronto; a city known for the belief among its the dead of winter, when it's so wet and dreary on the citizens that it is the Centre of the Universe. Recently, coast, rain floods my shoes and moss grows on the the conference was moved to a Gulag at the very north side of my car. Vegas, San Diego, San edge of that universe, where the airport meets the 905 Francisco and Phoenix are all destinations known to area code, and where Mississauga, Toronto and be warm when the rest of Canada is shivering. New Etobicoke meet to swap shades of the color grey. A York City in January is cold, but because it has the conference near the airport is meant to be convenient best museums, restaurants and nightlife in the world, to Torontonians, who can drive there without having I'll put up with its weather. (Could it be worse than to go to the trouble of flying there like the rest of us . Toronto's?) Having never been to Quebec City, I'd It's said being next to the airport is also convenient go there in a flash, regardless of the temperature, just for the out-of-towners, because we can all leave in a to absorb the atmosphere. And for those who shudhurry. In other cities, staying around for an extra day der at the thought of a conference in St. John's, to take in the sights is a selling point. In Toronto, Newfoundland, I'm told it has great bars, a colorful making a quick getaway is the draw. Those who history, a thriving local culture and icebergs, which deny this haven't seen the exodus from the City every makes it so much more interesting than Mississauga, summer weekend to "Cottage Country," proving to which just has the icebergs. me at least that Toronto isn't so much a city to stay in My colleagues who live around Toronto tell me as one to escape from. You work, you leave. After all, it's a great place to live, but they wouldn't want to visit that's why they invented Muskoka. there, lending support to my new theory that if you Having lived for a time out there, I feel qualified always pick Toronto for your convention, the out-ofto espouse my theory about conferences. It goes may start having it in Vegas without you. BT towners something like this: "if a conference is convenient for

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BARTALK Ju ne 2005


PATR ICIA J OR DA N

ON THE WEB

Member Services Bringing you better online access to services

s a value of membership, CBABC members have free access to the Lawyers' Directory portion of the online directory at www.bccbadirectory.org. Members can search for B.C. lawyers by name, firm, city, preferred area of practice and second language listings for free. For a nominal subscription fee of $20, members can also access the Legal Resource Directory; a listing of government, judges, courts, professional services, CBA, and law-related groups.

A

Patricia Jordan is the CBABC Manager, Interactive Med ia. She welcomes your comments, questions and suggestions . Tel: 604-646-7861 E-mail: pjordan@bccba.org

PREFERRED SUPPLIER NETWORK The CBA's Preferred Supplier Network is an exclusive group of national companies that provide products and services to enhance members' professional and personal bottom lines. Preferred Suppliers also support the CBA through sponsorship and advertising which contribute to our ability to serve you better. The CBA's Member Service Program features companies that offer additional services and discounts to CBABC members. Recent additions to the network include: AVW-TELAV offers audio visual and presentation technology services and solutions to help you create successful meetings, corporate events, trade shows and exhibits. In addition, AVW-TELAV provides system design and integration for permanent audio visual applications. Canadian Process Serving Inc. (CPS) offers the largest collection of process servers in the world. For the past 21 years they have provided reliable process servers in Canada. Their process servers can serve your legal documents for you, take care of issuing and filing services, and offer many more legal services that you may need. CPS has developed a rewards

program with exclusive benefits for CBA members. For mo re information call 1-800-465-7378. HR-DEPT.COM is a low-cost Internet-based human resou rces administration system. It includes employee record keeping, training, records management, vacation administration and scheduling, online employee di rectory, online policy manual, forms library and much more.

ACCOMMODATION : B.C. HOTELS ONLINE Now CBABC members can access and compare g reat negotiated hotel rates all over B.C. in one easy stop. With the Branch's newest member service, MeetingMax, you can view comprehensive lists of all room rates, amenities and photos, of every hotel at which the CBABC receives exclusive savings! SPEC IAL DISCOUNTS Playland at the PNE offers a variety of fun-filled activities for the entire family including thrilling rides, midway games, a climbing wall, mini golf course, glass maze, the Asylum of Terror and much more. CBA members receive a 20 per cent discount on adult tickets; call Josey Schaefer at 604-646-7855 to order your tickets today. TERMINAL CITY CLUB'S EXCLUSIVE OFFER TO CBA MEMBERS CBA members receive a 25 per cent discount when they join this prestigious Vancouver social club. For details, contact Hal Ruppe at 604-681 -2141. Learn about the many products and services offered by these and other CBA Preferred Suppliers at www.cba.org/bc in "Membership" under "Member Savings." BT June 2005 BARTALK

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LEGISLATIVE UPDATE

STUART RENNIE

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

tion 32.3 of the Health Professions Act, is in force July 1, 2005.

CURRENT FROM MARCH 1 TO MAY 24, 2005 Leg islative Update is provided as part of the CBABC legislation and law reform program. It is a service fu nded by CBA membersh ip fee s, and is therefore provided as a benefit of CBA membersh ip. The full vers ion of Legislative Update is publ ished online, ava ilable to CBA members exclusive ly at www.cba.org/bc.

ACTS IN FORCE ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 (BILL 56) Sections 115, 116, the part of section 117 that enacts sections 24.1 and 24.2 of the Mental Health Act, sections 118 and 119 are in force April4, 2005.

Stuart Rennie B.C. Branch Legislation & Law Reform Officer Tel: 604-949-149 0 E-mail: srennie@bccba .org

MISCELLANEOUS STATUTES AMENDMENT ACT, 2005, S.B.C. 2005, C. 2 (BILL 3) Section 11 is in force April18, 2005.

CORRECTION ACT, S.B.C. 2004, C. 46 (BILL 44)

MOTOR VEHICLE AMENDMENT ACT, 2004, S.B.C. 2004, C. 68 (BILL 66)

Sections 36, 40 and 43(a) and (b) are in force April 18, 2005.

EXPROPRIATION AMENDMENT ACT, S.B.C. 2004, C. 61 (BILL 67)

Section 20 is in force April 4, 2005.

The Act, other than sections 22, 30, 31, 35, 38 and 40 to 42, is in force March 18, 2005.

BUSINESS PRACTICES AND CONSUMER PROTECTION ACT, S.B.C. 2004, C. 2 (B ILL 2)

HEALTH PROFESSIONS AM ENDMENT ACT, 2003, S.B.C. 2003, C. 57 (BILL 62)

BARTALK June 2005

Section 5 is in force March 30, 2005. Sections 2, 3, 7 and 9 are in force September 1, 2005.

in section 142 and section 143(d) is in force October 1, 2005.

ATTORNEY GENERAL STATUTES AMENDMENT ACT, S.B.C. 2004, C. 57 (BILL 62)

The definition of "telemarketer" 14

JUSTICE MODERNIZATION STATUTES AMENDMENT ACT, 2004,S.B.C.2004, C.65 (BILL 64)

Section 7 is in force May 1, 2005. Sections 1, 3 to 6 and 12 to 16 are in force April1, 2005. Sections 2, 9, 17, 20, 21(c) and 23 are in force June 15, 2005. Section 10 as it enacts section 95(1)(d) of the Motor Vehicle Act and section 21 (a) as it enacts section 234(2)(b) of the Motor Vehicle Act are in force April 1, 2005.

Section 21, except as it enacts seccontinued on next page


Trust Adm inistration Fee Task Force

Notice to the Profession Proposed Amendment to Rule 26

The Supreme Court Rules Revision Committee continues its consideration of the problems created by Peruvian Guano. It is believed that the test for producibility is too broad and that the volume of documents disclosed has become overly burdensome, both to the party giving production and to the party receiving production. There is a consensus on the Committee that change is needed and that Rule 26 The Task Force put out a call for information and ought to be amended. feedback from members, and the response has The Committee will not reach a conclusion on been immediate and voluminous. The Task Force this question before the end of the Rule 68 pilot proj extends its thanks to all members and law firm ect on September 2, 2007. The solution to the administrators who have taken the time to share Peruvian Guano problem may be found in that pilot their thoughts. project. Due to the importance of the issue to litigants, we hope for continuing input from the bar. As a next step, the Task Force has extended a members of the Committee believe that Some meeting invitation to Ralston Alexander Q.C., Law more fundamental change than Rule 68 provides is Society of B.C. President and former Chair of the required. They have prepared a draft rule to replace Conveyancing Practices Task Force that Rule 26. If adopted, this new rule would provide for: recommended the TAF to the Benchers of the Law 1. mandatory disclosure of only those documents Society. which the disclosing party intends to put in eviAny member who wishes to provide input on the dence; work of the TAF Task Force is encouraged to do so, 2. ad hoc court-ordered disclosure of other docuas the CBA explores options for action in response ments only where the party seeking disclosure can to concerns about the TAF. Please send comments demonstrate that another person may reasonably to Task Force Chair Stella Frame at cba@bccba.org . be expected to have documents which would be admissible to prove or disprove a fact in issue; and 3. Peruvian Guano disclosure only where the party seeking such disclosure can satisfy the court Legislative Update continued UNIVERSITY AMENDMENT that such disclosure is appropriate in a particular case. ACT, S.B.C. 2004, C. 74 (BILL 60) At the conclusion of the Rule 68 pilot project, the Committee Sections 3, 4, 5, 6, 9, 11 and 12 RAN GE ACT, S.B.C. 2004, will consider all of the options are in force April1, 2005. C. 71 (BILL 57) and comments presented to it and Sections 1, 2, 7, 8 and 10 are in The Act is in force March 31, will make a recommendation to fo rce September 1, 2005. 2005. the Attorney General. All members of the bar are encouraged to send written comments to the WATER, LAND AND AIR THOM PSON RIVERS Committee, care of Ms. Judith PROTECTION STATUTES UNIVERS ITY ACT, S.B.C. Hoffman, Secretary, Rules AMENDME NT ACT, 2003, 2005, C. 17 (BILL 2) Revision Committee, the S.B.C. 2003, C. 90 (BIL L 55) Supreme Court of B.C ., 800 The Act is in force March 31, Sections 14(b) and (c) and 15 are Smithe Street, Vancouver, B.C. 2005. in force April15, 2005. BT V6Z 2El. The CBABC Executive Committee, in response to concerns raised by members , has struck a new Task Force to address concerns raised about the implementation of the Law Society's Trust Administration Fee [TAF]. Task Force members include Stella Frame, ian Aikenhead , Ted Strocel and senior staff at the B.C. Branch.

June 2005 BARTALK

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FEATU RE

Law Week 2005 Ambitious program ignites interest in annual event Law Day celebrates the anniversary of the Charter of Rights and Freedoms, each year with a different theme- the 2005 theme was "TV Lawyers: Fact or Fiction." In B. C., Law Day has expanded to a full week of activities. Law Week events are organized by lawyers in their local communities.

LAW W

E E K

The CBA thanks the Law Week Committee members for their hard work in organizing Law Week 2005. The Committee, chaired by Michael Warsh, included Madam Justice Laura Gerow, Karen Carteri, Michael Dunn, Barbara Sage, Debbie Granger, Sarah Klinger, Arsen Krekovic, Darlene Leavitt and Forrest Nelson. Law Week is funded by the Canadian Bar Association, the Law Foundation of B.C. and the Vancouver Bar Association.

Open Houses

A child is fingerprinted at a Law Week information booth at the Kamloops Open House.

Open houses were held m Courtenay, Duncan, Kamloops, Nanaimo, Vancouver, Vernon and Victoria. They included mock trials, meet the sheriff, taser demos, tours, law classes, law consultations, Q&As with judges, speeches, information booths and more. Here are a few summaries of local events:

COURTENAY- SATURDAY, APRIL 16 Law Day in the Comox Valley was celebrated with an Open House at the Courtenay Courthouse. Members of the local bar association held seminars on Child Support Guidelines, Custody and Access, Will and Estates and Representation Agreements all of which were very well-attended. There was free cookies, juice and balloons for children. Throughout the day, people visited the courthouse and the local sheriffs staff gave cell tours. The highlight of the day was a mock trial by a local theatre group. The Big Bad Wolf was on trial for a variety of crimes and Mother Goose presided over the proceedings. In a strange turn of events, it was discovered that Billy Bob Wolf was the perpetrator, under the evil guidance of Mother Goose herself, who was led away in shackles. The day ended with a Judge's Q&A Forum with Judge Carol Lazar and Judge Keith Libby. Thanks

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BARTALK Ju ne 2005

'"Oyez Oyez!" A town crier announced the Vancouver Open House.

to all those who made this celebration of the ChaTter a success!

DUNCAN -WEDNESDAY, APRIL 26 Law Week activities consisted of an Open House held at the local courthouse. There were many participating entities including the Cowichan Valley Bar Association, Court Registry Staff, Probation, the RCMP, Victim's Services, Crown Counsel and Sheriffs. Members of the local bar were available to answer legal questions and a Law & Order career room was set up. There were seminars on Pardons, Wills and Estate Planning, Small Claims, Legal Services, Family, and Residential Tenancies. KAMLOOPS- THURSDAY, APRIL 14 On April 14, from 6:00-8:00 p.m. the Kamloops bar, Sheriffs Office, courthouse staff, RCMP, various support services and Kamloops Notaries' Publ ic held the first Kamloops Open House in more than 10 years. The search demonstration by the RCMP (with their dog) was particularly popular. The bar also conducted an Alice in Wonderland mock trial with an


FEATURE

actual judge, prosecutor and defence counsel. Alice was found "not guilty" despite clear evidence that she committed the dastardly deed. This trial attracted many visitors. Several lawyers were available to answer Family, Criminal, Personal Injury and Estate questions. Sincere thanks to the volunteers who contributed to the success of the Open House. Special thanks also to Law Librarian Denise Caldwell, who did an excellent job of organizing this event. VANCOUVER- SATURDAY, APRIL 30 The CBA hosted a Law Week Open House at UBC Robson Square in downtown Vancouver on April 30 between 10:00 a.m. and 2:00p.m. The Open House had four free 90-minute legal classes offered by the People's Law School for members of the public. The topics were Child and Spouse Support, Wills and Estates, Custody and Access and Employment Standards. An article in the Vancouver Sun on April29 publicizing the classes was very helpful in motivating people to attend. In all, more than 400 people participated in the event. At midday keynote speakers stepped up to the podium. In the afternoon grade six students from York House School performed an Alice in Wonderland mock trial. Barb Sage, who facilitated the mock trial said, "The students enjoyed the experience and were delighted to be filmed by three TV stations in their homemade costumes. Overall, I think they gained a enhanced understanding of the Canadian legal system." In addition to the legal classes, speeches and mock trial, there were information booths by lawrelated and service organizations.

guilty each time) and the courtroom full of spectators. Members of the public also fi lled the courtroom to hear "Court Talk" by Sylvia Sangha of the Law Courts Education Society and to participate in the Q&A session with Mr. Justice Malcolm Macaulay. There were information booths by law-related and continued on next page

The Hon . Judge William Sundhu talks with children during the "'Meet a Provincial Court Judge路路 session in Kamloops.

VICTORIA- SATURDAY, APRIL 16 Victoria's first Law Day celebration in many years was a success, much to the delight of the Victoria Committee: Darlene Leavitt; Forrest Nelson; Kerry Simmons; Sarah Klinger; and Suzanne Bell of Court Services. The trial of the Three Little Pigs ran twice, with the jury box filled with young jurors (Sneezy the Wolf was found

The Victoria mock trial included characters from the Three Little Pigs and the Gingerbread Man, who was a witness. The Gingerbread Man"s testimony was found to be unreliable as he had been too busy running as fast as he could to really pay much attention to anything else.

June 2005 BARTALK

17


FEATURE

Open Houses continued

Dial-A-Lawyer

service organizations. One of the most popular events was the opportunity to take a tour of the holding cells and Sheriff Services transport vehicles. The pairing with the Second Annual Glenlyon Norfolk Provincial Moot Competition was also very successful, as students from various B.C. high schools competed for best argument. Penticton High School and Shawnigan Lake School placed first and second, respectively. Local organizers sincerely thank those who made Law Day the success that it was: the lawyers who played parts in the trial and at other venues; the court clerks and sheriffs who volunteered their time; and the CBA and the Victoria Bar Association for their sponsorship of the event.

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Dan Carroll acted the role of the King of Hearts at the Kamloops mock trial.

The CBA held its province-wide "Dial-A-Lawyer" program on April 30 between 10:00 a.m. and 2:00 p.m. During that time, members of the public called to speak with a lawyer volunteer about a legal problem for up to 15 minutes. In 2004 the Dial-A-Lawyer volunteers answered more than 400 calls. We have anecdotal information that suggests this program was once again very popular with the public of B.C. Unfortunately due to a computer problem, we were unable to collect statistics on Dial-A-Lawyer calls for 2005. The Law Week Committee thanks the following volunteers who answered Dial-A-Lawyer calls: Gary Abrams; Ed Barnes; Manjeet Chana; Veronica Cheng; Peter Cheung; Joe Coutts; Gal Dor; Kallen Fong; Nicole Garton; Barry Grabowski; Kyle Hyndman; Richard Lee; Cindy Lee; James Lin; John McGreevy; Grant Meng; Helena Shum; Shawn Smith; Bonnie Teng; Kenneth Thornicroft; Iven Tse; Turner; Florence Wong; Richard Marlene Mann played the Gordon Yu; and Tim Vondette, Queen of Hearts role at the who very kindly ensured that the Kamloops mock trial. day went smoothly.

Fun Run/Walk Grows by 40 per cent The second annual Law Week Fun Run/Walk took place on April 10 at UBC. In total, 75 participants took part in the Run/Walk, which was a 40 per cent increase over last year. There was face painting for children and plenty of bagels and oranges at the finish line. Great fun was had by all. The top male and female finishers were: 1. Gordon Christie 1. Candy Thompson 2. ian Neville 2. Cindy Mah 3. Craig Dennis 3. Miriam Pala cios The B.C. Branch especially thanks volunteers Arsen Krekovic and Marie Brothers for their support of this event. Thanks also to event sponsors Dye and Durham, Avis, Island City Bakery, Canadian Springs and Van Whole Produce. 18

BARTALK June 2005

75 participants took part in the Run/Walk, which was a 40 per cent increase over last year.


Student Contests PUBLIC SPEAKING The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in Law 12 classes throughout B.C. The contributions of Barry Sullivan to both the legal and educational professions are honored each year through the presentation of this Cup to the provincial winner. This year 18 students competed at the Law Courts in Vancouver on April 28. The top finishers were: 1. Tania Harsono, Crofton House 2. Nicco Bautista, Vancouver College 3. Rachel Barr, W.L. Seaton Secondary 4. Nina Saeed, York House Special thanks to competition judges: Anne Clark, Barbara Collins; Diana Dorey; Elizabeth Edinger; Madam Justice Marvyn Koenigsberg; Terence La Liberte, Q .C.; Anna Fung, Q.C.; Bruce Quayle; and Henry Reiner, Q.C. ESSAY CONTEST The Law Week Essay Contest was open to students enrolled in Grades 10, 11 and 12 - Law, English and Social Science Studies throughout B.C. The Law Week theme of "TV Lawyers: Fact or Fiction" appears to have resonated with students. The top finishers were: 1. Arif Khimani, Burnaby Mountain School 2. Anthony White, StThomas More Collegiate 3. Kevin Ma, Burnaby Mountain School

This year 18 students competed in the Barry Sullivan Law Cup public speaking contest. The students gave the ir speeches in courtrooms at the Vancouver Law Courts. [Two students not shown.)

Student Mentor Program This program has long been a successful part of Law Week. Strong support from lawyers has provided a valuable opportunity for many high school students to explore law as a career option and to broaden their understanding of the legal profession. The Program has two components. The first component involves the students being matched with lawyers who practise in the student's area of interest and the students attending the lawyer's place of work for a half day. High school law teachers and high school counsellors nominate students who they feel would most benefit from this experience. The second component entails having lawyers attend a high school law class to discuss their work and increase the understanding of students about the legal profession. This year 21 schools from the Lower Mainland

and 38 lawyers participated. The Law Week Committee looks forward to the continuing success of this program next year and thanks the following lawyers for their participation this year: Scott Austin; Corinn Bell; Sandra Benson; Jim Bird; Charles Bois; Phyllis Carlyle; Barbara Collins; Martha Devlin; Michaela Donnelly; Kevin Filkow; Andrew Gay; Debbie Granger; Reg Harris; Faith Hayman; Lindsay Herron; Chris Hope; Nick Hopewell; Leslie Howatt; Leonard Kompa; Gerard Law; Jonathan Lazar; Jenny Machek; Paul Mendes; Derek Miura; Joe Murphy; Matthew Nathanson; Gerri-Lyn Nelson; Krista Prockiw; Geordie Proulx; Maggie O'Shaughnessy; Shannon Ramsay ; Delia Ramsbotham; Judith Riddle; Gerry Sair; Peter Schmidt; Brad Smith; Sharon Steele; Eric Warren; Warren Wilson, Q.C.; and Louisa Wino. June 2005 BARTALK

19


GUEST COLUMN

CHIEF JUDGE BAIRD ELLAN

Reflections on an Eventful Term

hen asked recently by

and the Ministry of the Attorney General. That structure included Caroline Nevin for several written protocols outlining some reflections on respective areas of authority and my term as Chief Judge of the responsibility, and created at the Provincial Court, I thought back instigation of the Law Society, the to when she interviewed me early Justice Review Task Force. after my appointment.! Caroline Through the JRTF, as it is affecasked what I hoped to accomplish, tionately known, with Chief and I talked about perhaps preJustice Don Brenner of the dictable goals such as reviewing Supreme Court and representaThe Han. Carol Baird Ellan the Criminal Caseflow Managtives of the Ministry, CBA and Chief Judge of the Provincial ement Rules and the role of the Court of B.C. Law Society of B.C., our Court has Judicial Council; exploring comhad the privilege of participating munity courts; and expanding the as a partner in many promising justice reform initiaCourt's website. tives . That interview occurred in the calm before what Despite the unexpected challenges, there was quickly became a much more tumultuous term than still time to achieve some of what I initially set out to I had expected, with events arising from outside the do, and a few additional things, the most significant Court dictating a large part of the Court's and my of which were a new judges' orientation program, a own direction for the remainder of my term. Each of supernumerary program and a Court-wide strategic these events, while they created an immediate chalplanning process. lenge for those of us charged with administration, I must say that none of what I did achieve withalso contributed in a positive way to the Court's in my term, whether planned or reactive, would have development. been possible without the incredible willingness of Those events of course included the courthouse the members of the Bench and Bar to give of their closures of 2002, but commenced well before that time, strength, energy and wisdom. I reflected with two successful B.C. Supreme Court challenges recently on how many members of the Court were to the independence of justices of the peace, in the fall involved in extra-curricular activities during my of 2000 and spring of 2001,2 necessitating a complete term , and found it was most of them. I experienced reorganization of the traffic, after-hours bail, and an equal willingness on the part of the Bar. For those search warrant functions of the Court. Through many contributions, and to each of the willing conthese challenges the Court gained a new independent tributors, the Court and I extend our sincere thanks judicial officer, the judicial justice of the peace. and appreciation. BT The closure of 24 courthouses in the spring of 2002 led to a period of conflict with government, but the ready and able intervention of several prominent 1. Bar Talk, October 2000, Volume 12, Number 5 members of the Bar assisted in a quick resolution, 2. Re Independence of the Provincial Court of BC Justices of and in creating a lasting structure for mutual respect the Peace, 2000 BCSC 14 70; R. v. Do, 2001 BCSC 1088 and constructive collaboration between the Court

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BarTalk Senior Editor

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BARTALK June 2005


l CHRISTINE MINGlE

GUEST COLUMN

Real Lawyers Have Blogs™ These online, publicly accessible, personal journals are the new publishing platform

"Wake up guys, the lawyer and practice group blogs train is leaving the station. I wouldn 't miss it."

my blog outdraws a lot of the 100 largest law firm websites in the U.S.; • Blogs draw traffic to the firm hat quote is from Kevin site by links from the blog to O'Keefe, former trial both the website and lawyer lawyer and president of biographies on the firm website; LexBlog, Inc., a legal blog • Blogs far out perform websites design firm in Seattle. Kevin has a in rankings when the firm's tarblog called Real Lawyers Have get audience (consumers to corBlogs ™. His blog is a fabulous porate executives) does a search Christine Mingie is an resource for lawyers thinking on search engines; associate at Lang Michener about starting a legal blog, includLLP. Her forestry law blog is at • Blogs enhance a practice group ing how Real Simple Syndication http://forestrylaw.blogs.com. or lawyers as leading and trusted (RSS) and Search Engine authorities on a niche topic; Optimization work, how to write • When updates are made, subscribers are notified for a legal blog and law blog basics. I started a by e-mail or RSS; and forestry law blog recently, having read (and imple• Blogs are less costly and much easier to update than mented) just about all of the advice on Kevin's blog. websites. Less than two weeks after my blog was publicly released, it hit #1 at Yahoo and Google for the terms Where do you see law firm blogging in a year I was targeting. Last week a legal blog run by law from now? professors from Italy, Spain, Portugal and Brazil Two to three years from now most practice groups in began carrying my blog posts on theirs in another large firms and innovative lawyers in smaller firms language to give it a wider audience. Overnight, it will have individual publishing platforms or blogs to was a forestry law resource in Europe. Blogs are new showcase their intellectual capital or knowledge base. and powerful. B.C . lawyers should take note. We'll see RSS feeds from those blogs into their firm BarTalk interviewed Kevin for this article. Here is sites so firm sites remain current. We'll see this conwhat he had to say. tent syndicated out to third-party sites via RSS so we do not have to work so hard to get published. In one Why should a lawyer or law firm make the move year, we'll see a high penetration rate toward these to a blog when they already have a website? things but will still have a ways to go. All of these It's not a rip and replace where a firm replaces a webthings are happening now but only with the most site with a blog. A blog complements a law firm webinnovative law firms ... . Blogs get back to traditional site. It's an educational magazine focused in a niche marketing and are attracting the best lawyers. area of the law whereas a website is a firm brochure. Kevin's blog is at http://kevin.lexblog.com. He A blog is published by a practice group or an indihas designed several blogs including the E-Coli Blog vidual lawyer or two and not the firm as a whole. at http://ecoliblog.com and Day on Torts at Here are the reasons to launch a law firm blog: http://www.dayontorts.com. BT • Blogs will far outdraw a firm website in traffic -

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June 2005 BARTALK

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GUEST COLUMN

SUSAN MACFARLANE

Aesop's Fables of Articling

give birth and take a few months off, or more; some take perhaps the last chance they'll ever have to go travelling for a few months. Those choices may come at tremendous cost to their articling prospects. Mary is a lawyer called in another jurisdiction who has been THE HARES: BE FAST OR BE actively searching for articles since LAST coming to B.C . over a year ago. "It Susan MacFarlane is a Focusing on summer articles 1s is devastating," she says. As both a research lawyer and a member now common practice among foreign-trained lawyer and a of the BarTalk Editorial Board. large firms, and large firms are the middle-aged adult, she is doubly most significant employer of artidisadvantaged. She says that "companies do not trust cling students. foreign credentials," and even worse, "I've been told For these firms, the summer articles program is I won't find articles at my age." a chance to foster teamwork and loyalty. It is also a The irony is that even young students who land chance to hire students on a probationary basis before the more lucrative articling spots in downtown firms investing in them for a year, or longer. were sometimes forced to go that route despite their For the students, the net effect of this pre-anipreference for slower-paced "lifestyle" practices in cling recruitment is that few articling positions are smaller markets. Joan is one among many who gradactually available for those who have not already uated with student-loan debt so significant that it been branded and groomed by a firm through its limited employment options. Joan did the usual summer articles program. A firm may advertise that schooling: after high school she went straight to a it hires five articling students, for example, but the B.A. and then an LL.B., after which her debt load reality is that the previous year it hired five summer was so high that she could not afford to take the sort students, all of whom are expected to fill the available of job she would have preferred. She still came out articling positions. Occasionally one may fall away, owing roughly $45,000. Payment for those loans leaving one actual position available to the scores of began six months after graduation, so Joan could applicants who are not so hot off the mark. only accept a job that would allow her to meet that obligation. Payments on a debt load that high are THE TORTOISES: DETERMINED TO WIN more than $400 a month, spread across 174 months. The students who are not snapped up for summer "That is a long time to be paying, but in the short articles tend to be mature students who are less liketerm it also had a significant impact on my job choicly to bond with a crop of eager 20-somethings, and es. When I first began to make articling application, those with only average marks. That is a large porI was really attracted to working in a small to midtion of the student body. There are other reasons why sized centre. I applied to firms in places like a student may have missed out on the summer hiring: some transfer in from other jurisdictions; some continued on next page any of us choose law because we anticipate a dynamic career filled with challenges inviting creative solutions. Few of us anticipate that searching for articles could be among the greatest of those challenges.

M

22

BARTALK June 2005


There"s nothing like mentioning the search for an

A new section for students will soon be created on

articling position to provoke some anxiety in the

the CBABC website, and the survey results will be

mind of a law student. Much of the stress flows

moved to this area once it is complete .

from a sense of not having sufficient information about the process. With this in mind the Canadian Bar Association , B.C. Branch, wants to help students relax a little by getting the "straight

To date, 54 members responded to our Articling Survey and all results are also available online to CBA members.

goods"' on articling positions . A survey has been

This is the first survey the CBABC has created . The

e-mailed to a target group of CBA members and is

redesign of our website has enabled the CBABC to

also available online for anyone interested in pro-

use this valuable new survey tool created in-house

viding advice at www.cba.org/ bc . This survey was

by the CBA National office . If there are other issues

designed to obtain some basic information and

members think we could address in a survey

practical advice about the process from the

format, please forward your suggestions to

perspective of current articling students and young

webmaster@bccba.org.

lawyers, to be shared with incoming students.

Articling continued

Kamloops, Kelowna, Vernon , Nanaimo, and Abbotsford. I got some offers at very cool places where I would have been doing some interesting and diverse work, but the pay scale was horrendous. " She described offers as low as $1,350 monthly and concluded that "I had to start looking for higher-paying jobs, despite the fact that I wasn't interested in working at a large downtown firm ." Students now working for little more than $1,000 monthly are still luckier than some, who resort to offering to article for free. Free articling is evidently not something many firms will consider. It creates inequality and a stigma among young lawyers, particularly where an articling student is already on salary at the firm, or has recently become a junior associate. Free articling is only an option at small firms where the cost would prevent them from hiring a student, and Mary, who has tried offering to article for free , says even these small firms "are not keen. " Splitting articles is an option for a student who may be articling with a boutique that can only offer limited instruction, or with two small firms, each of

which can only afford half an articling student. More common is a student wholly assigning articles, whether because the fit just didn't work or because the initial firm ceased to exist. For whatever reason, the percentage of lawschool graduates who secure articles has been declining in the past five or so years. Although there are articling positions out there, "this is very cold comfort to anyone who just doesn't m atch the profile that articling students are generally expected to fit," Leon says. He is a mature student who has been searching for articles for over a year. He has looked at alternative careers, but says, "It is my impression that those who successfully pursue them usually have articled and been called. An LL.B. without being called is an abortive project." No one expects articling to be easy, any more than one expects the practice of law to be easy. The people who are attracted to it are fiercely dedicated and determined. But there are unexpected hurdles in this race that are higher for some than for others, and we have to consider whether that is in the best interests of the profession generally. BT Pseudonyms were used in this article.

June 2005 BARTALK

23


BAR MOVES

Bar Moves " 71 Have you recently changed firms or opened a new firm? Send submissions [maximum 25 words) to Bar Moves at cba@bccba.org .

PAUL BARCLAY has left Peck and Company to join provincial Crown Counsel in Vancouver. ALLISON CATHERWOOD has joined McQuarrie Hunter as an associate

Allison Catherwood

where she will practise in the New Westminster office in the areas of civil litigation with a focus on personal injury. DEV DLEY, former Commissioner of the Western Hockey League, has opened a law firm in Kamloops. Mr. Dley will continue to practise civil litigation with an emphasis on insurance and personal injury law. KEITH J. ENGEL, formerly a partner at Gowlings in Calgary, has joined the Kelowna law firm Benson & Co. where he will continue his securities and corporate commercial practice. RICHARD J. ENNS (providing legal services through Compass Law Corporation) has joined the firm of Allan Francis Pringle as a partner and will continue his practice as a solicitor.

Two new associates have joined the ranks at Sliman, Stander & Company as solicitors. Both SHEILA G. EVAN I and DREW LAWRENSON will practise in the areas of general corporate and commercial law. JULIE D. NICHOLS has left Ogilvy Renault and joined Borden Ladner Gervais LLP. She continues to practise

labour and employment law. RUTH MAGNUSSON has left Clay & Co. to join Straith and Company where she will continue to serve her clients, particularly in the areas of commercial leasing, real estate, wills, trusts, and adult guardianship. DENNIS RYAN has left the partnership of Lang Michener LLP to join the partnership of Fasken Martineau DuMoulin LLP where he will continue his forestry law practice.

Clay

&

Company is pleased to announce that

MARGARET SASGES and NEIL VALLANCE have

joined the firm, where they will continue to practise as solicitors. WINNIE SUNG has joined Hungerford Tomyn

Lawrenson and Nichols in Vancouver after articling there to practise civil and commercial litigation as well as general corporate/commercial law. ROGER S. WATTS, formerly of Camp Fiorante Matthews, has joined the firm of Slater Vecchio in Vancouver as a litigation associate. 24

BARTALK June 2005

... _. ~'I'~

.l •

Legal Careers CBA members, this job site is for you. View most job-related inserts before BarTalk is mailed and jobs advertised through the weekly e-mail to CBA members. Click ""Practice Resources "' and then ""Legal Careers"" -you will need your CBA ID number to log in.

www.cba.org/bc


MICHAEL SEABORN

GUEST COLUMN

Voice From Dadaab A Port McNeill lawyer provides an inside look at a United Nations office

sion. The Clerks are also masters t is with the deepest shame in subtle manipulation and the that I confess that I have intrigues of the bureaucratic become a paper pusher in the world. I am a simple, straightforUN High Commissioner for ward Canadian who practised law Refugees office m Nairobi on northern Vancouver Island. (UNHCR), a place with no shortWhen I cross swords with them, I age of paper pushers. "Aye, I have get slaughtered every time. so much work to do," sighs one of Early on I was required to my co-workers, a Kenyan lawyer. spend a week working in the This is one of the primary activiRegistry, filing bits of paper. ties of the UN bureaucrat: visiting Michael Seaborn works for Several years ago there was a scantheir similarly burdened colthe United Nations High Commissioner for Refugees. dal at this office: staff were leagues and spending a great deal demanding money from refugees of time discussing how they have to submit them for resettlement to western countries. so much to do. Another very popular, and time consuming, pasThe office lives very much in the shadow of that time is looking for the file. One could grow old here, episode. So, new staff put in time at the Registry, wandering the many corridors, trying to collect the which never has a shortage of pieces of paper to file, files you are meant to be working on. This leads to an before they have contact with the refugees and oft repeated scene in which I approach the person become "tainted," after which the inner sanctum of whom the Registry says has the file and endure a the Registry is barred to you. I would be locked into tirade about how they don't have the file, they gave it the file room, with its thousands upon thousands of to so-and-so ages ago and, really, what are those dusty, dirty files, with a mound of paper to file and Registry people thinking anyway. I back out, apoloample time to reflect on how, now in my middle gizing profusely, and return, empty-handed, to furyears, I was certainly making fine use of my two unither wander the corridors. Looking for the file is versity degrees. In that dungeon are mildewed boxes really the ultimate UN bureaucrat activity as it comof ancient unused office supplies, parts of refugee bines spending time with colleagues, complaining, files lying in corners with their discolored contents not getting anything done and pointing the finger at curling up, newer files piled high on tables because another person or department and examining the they are out of space, with the contents spilling out depths of their incompetence. and mixing together. I would emerge, blinking, into The Registry, dark and dusty in the basement, is the daylight and have to scrub my hands, which the domain of the Machiavellian, subterranean creawould be black with grime. tures, the File Clerks. There, below street level, they I came to Africa asking the question: how can I guard the files with all the zeal of apostles on a relihelp these refugees? Unfortunately, I don't seem to gious mission. If they have a purpose on this earth it have much company in asking that question. Or peris to prevent staff from removing files from the haps a fairer way to put it is that much about this Registry where, possibly, they might suffer irreparalarge operation serves to impede rather than facilitate ble harm or, of greater concern, actually be used to assistance. BT assist a refugee . They are masters at their sacred mis-

I

June 2005 BARTALK

25


EVENTS

I BRAVO

VBA/CBA Golf CBA Member to Run Tournament Icelandic Marathon Attention all golfers! This tournament is filling up fast. To secure your spot for June 23 visit www.cba.org/bc and complete a registration form. Don't miss out on a great time that supports local law student scholarships.

This August CBA member Carol Roberts will run a marathon in Iceland as part of the Canadian Diabetes Association's team. The team plans to raise money to help people with diabetes live their life without limits and each team member must raise $6,000 in order to participate. Carol says she will be running for family members and friends, as well as others who suffer from diabetes. If you would like to donate to this cause, please contact Carol Roberts at 604-9155222.

2006 Lawyer Show Step into the spotlight!

Congratulations to Fasken Martineau, whose ski team won the B.C. Law Firm Ski Race held at Whistler Blackcomb on March 19. The team mem bers were (from left): David McDonald, Kevin O'Callaghan, Carmine Boskovich, Michael Dery, Peter Finley and Gavin Hume, Q.C.

Following the success of the fourth annual Lawyer Show, Murder on the Nile, the audition dates for the 2006 Lawyer Show have already been set: Wednesday, November 16, 7:00-10:00 p.m . and Sunday, November 20, 1:00-4:00 p.m . (Arts Club Theatre Company, 1585 Johnston Street, Granville Island, Vancouver). Book your calendar now and start rehearsing for your chance to perform in this annual community fundraising event, a co-production of the Arts Club Theatre Company and Touchstone Theatre, both not-for-profit registered charities.

June- Au ust L...

ro

June 10

Fourth Annual Battle of the Bar Bands (Commodore Ballroom, Vancouver)

c

June 17

LAP Fifth Annual Gratitude Lunch (Law Courts Inn, Vancouver)

ro

June 17

CBABC Committee Appointment Day

L...

Junel8

Provincial Council Meeting (Delta Airport Hotel, Richmond)

co

June 23

VBN CBA 9th Annual Golf Tournament (UBC Golf Club, Vancouver)

o2S

June 23

Women Lawyers Forum Annual General Meeting (Law Courts Inn, Vancouver)

..c u c

July 7

New Westminster/Fraser Valley Bar GolfTournament (Guildford Golf Course, Surrey)

August 14-16

Canadian Legal Conference & Expo (Vancouver Convention & Exhibition Centre)

""C Q) __,

(...)

ro

ro

L...

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26

BARTALK Ju ne 2005


CBABC PARTNERS

CBIA Introduces Improved Term Life Insurance

CLE Update

Article courtesy of the Canadian Bar Insurance Association (CBIA)

6TH BIENNIAL FAMILY LAW CONFERENCEJULY 7 & 8

The Canadian Bar Insurance Association Board of Directors is pleased to announce the June 1, 2005 launch of Level 80 Term Life Insurance.* This new plan features several unique improvements over our previous Term Life benefit and is offered at rates significantly lower than most comparable term life plans. Designed to be both comprehensive and reasonably priced, Level 80 Term Life includes a built-in feature that will pay your premiums in the event a serious disability prevents you from working. It also provides you with the Good Health Renewal Option. This unique feature allows you to benefit from your continued good health after your initial purchase date. However, there is no need to worry about your coverage should your state of health change. Your full amount of protection will remain in -force, to age 80, at premiums that are often substantially lower than many other comparable term insurance plan renewal rates. Level 80 Term Life is one of the most significant and exciting new benefit offerings ever launched by the CBIA. For more information on Level 80 Term Life Insurance, or a no-obligation quote, call your B.C. and Yukon CBIA Authorized Representative, Mass & Co. Financial Planning at 604-688-8790, or 1-888-477-5630 or visit www.barinsurance.com. *Underwritten by the Manufacturers Life Insurance Company (Manulife Financial).

Options for Lawyers Options for Lawyers Seminars are he ld in Vancouver on the third Wednesday of ea ch month. This networking, education and support group for lawyers is free for members of the legal commun ity. For assistance or information, call 604-6852171 or toll-free 1-888-685-2171. The LAP office is located at 415-1080 Mainland Street, Vancouver.

The •

Continuing Legal Education

Society of British Columbia

Every two years, family law lawyers from across B.C . gather at this essential conference to review and discuss the significant legal changes, emerging trends, and hot issues in their area of practice. Take advantage of this unique opportunity to hear from experts within and outside the profession on topics of practical significance to you. Highlighted this year are the new Spousal Support Guidelines and children's issues such as how to deal with children in divorce and mobility, and section 15 report issues. For more information on this and other CLE courses, plus complete current listings of all CLE publications visit www.cle.bc.ca, or call 604-8932121, or toll-free 1-800-663-0437.

JUNE & JULY CONFERENCES/COURSES •

Business Corporations Act 2005- Thursday, June 16

Criminal Law and the Charter 2005- Saturday, June 18

Real Estate Development- Thursday, June 23

Private Companies: Structuring the Entrepreneur in 2005- Friday, June 24

6th Annual Winning Advocacy Skills Workshop -July 5-7

6th Biennial Family Law Conference -July 7 & 8

LAP Gratitude Luncheon The Lawyers Assistance Program will hold its Gratitude Lunc heon on June 17, where Debra Van Ginkel will receive the "Lawyer Helping Lawyer Award ." The Luncheon will be held at the Law Courts Inn in Vancouver. For tickets , please call 604-685-2171 [e-mail info @lapbc.coml.

June 2005 BARTALK

27


CLASSIFIED ADS

JUNE 2005

POSITION AVAILABLE

SPACE AVAILABLE

Non-traditional law firm in Vancouver seeks non-traditional lawyer for its expanding client base of entrepreneurs. Flexible worki ng arrangements. Lots of client contact. Fee sharing, ownership, full time & part time all possible. Send resumes to info@ia-law.com.

FOR LEASE IN VICTORIA: Offices suitable for 2 lawyers and support staff. Please contact Mary Mouat at Q uadra Legal Centre (250-3801566) or www.quadralegal.com

OFFICE SUBLEASE : Share space in beauti fu ll y appointed Yaletown office suite with other lawyers. Perfect for starting new law practice. Includes use of meeting room, secretarial station, kitchen and more. Flexible lease terms. Pay fixed/ variable costs as incurred or percentage of bi ll ings . Call Diane Dunbar 604662-7544 or email dldunbar@conkie-law.ca.

SERVICES INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation Registered Patent Agent, Registered Trade Mark Agent. Practise restricted to l ntellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca

SPACE WANTED Wills and Estates lawyer seeks office share arrangement in North Vancouver with space for an assistant. Furnished or unfurnished . Access to conference room, fax, copier is preferable. Reply to cba@bccba .org Attn : Box 113.

C heryl Stephens delivers skills training, 604-739-0443 www.MentorMuse.com

LAWYER COACH AND MANAGEMENT CONSULTANT to lawyers, law firms and

CLASSIFIED (per lin e) CBABC Mem bers/Firms Commercial Organizations DISPLAY 3" X 2.5" CBABC Members/Firms Commercial Organizations 6'' X 2.5" CBABC Members/Firms Commercial Organizations Next deadline: July 8 INSERTS (all of BC) CBABC Mem bers/Firm s Commercial Organizations Next deadline: July 15 Next mailing : August 5

$450 $750 $810 $1,350

$1, 200 $2.400

Direct BarTalk advertising inquiries to: Sandra Webb, BarTalk Editor Tel: 604-646-7856 or 1-888-687-3404 E-mai l: cba@bccba.org

PRACTICE FOR SALE: Downtown Vancouver. 40 yrs gen . practice. MVA. litigation, co nveyancing. wills. estates, corporate, family, etc. Will assist with transition. Call Bob Eades 604-68 1-5874.

legal departments. Linda K Robenson, 604986-4406, LindaKRobertson @sha w.ca

Practice Restricted To WCB

Mertens Valuation Services Ltd. Independent Expert Advice

Sec. 257 Determinations, Opinions and Court Applications on referral

Serving the accounting and legal professions.

604-267-3033

~ Business Valuation ~ Transaction Advisory

~ Litigation Support

• Claims and appeals • Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation

Please call Rick Mertens, CBV, CGA Tel: 604-642-6107 Fax: 604-944-3855 500 Park Place, 666 Burrard St, Vancouver, B.C. V6C 3P6 Visit us online at www.mertensvaluation.com.

Vahan A. Ishkanian Barrister & Solicitor Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca

,

Amember of the Canadian Institute of Chartered Business Valuators

August 14 to 16, 2005 Vancouver Convention & Exhibition Centre Senator Romeo Dallaire Keynote Speaker

www.cba.org I

Watch for new information posted regularly on www.cba.org.

28

$25 $40

lan Hanomansing

Anne Giardini

Richard Stock

CBC Television - Vancouver

Weyerhaeuser Corp. - Vancouver

Catalyst Consulting - Vancouver

BARTALK June 2005


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