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

JUNE 2007

volume 19, number 3

Bill 33

How Will New Amendments to B.C. Legislation Affect Lawyers?

y the time the B.C. Legislature has wrapped up for the summer, the Attorney General Statutes Amendment Act, 2007 (Bill 33) is expected to have been signed into law. The Bill includes sections that amend the Legal Profession Act and the Legal Services Society Act in ways that will boost the powers of the Law Society of British Columbia (LSBC), and expand the mandate of the Legal Services Society of British Columbia (LSS). Once implemented, these wide-ranging amendments will affect both legal professionals and members of the public requiring legal services.

Legal Profession Act Sections 38 to 43 of Bill 33 enhance the LSBC’s existing regulatory powers while providing the LSBC with new tools to achieve its primary mandate to protect the public interest. The Bill empowers the Practice Standards Committee of the LSBC to make compulsory orders, with prior notice to a lawyer, that impose conditions and limitations on a lawyer’s practice, including the imposition of remedial programs. Under the proposed amendments, the LSBC may now also be appointed as a custodian of a lawyer’s practice if the lawyer is unable to continue practising. Other amendments include the sanctioning of five benchers to act in respect of a bencher review if the seven-bencher quorum required under the Act is lost. The LSBC will also be permitted to apply to, and empower, the Supreme Court to issue a letter of request

www.cba.org/bc

to another jurisdiction for the purpose of obtaining evidence regarding LSBC investigations or hearings. Such a request relies on the notion of reciprocal cooperation and while formal, would not be binding.

Legal Services Society Act Section 44 of Bill 33 amends section 9 of the Legal Services Society Act to broaden the mandate of the LSS by removing references to low-income individuals from its objects. Bill 33 changes the objects of the LSS, so that its role is expanded to: • assist individuals to resolve their legal problems and facilitate their access to justice; and • provide advice to the Attorney General, respecting legal aid, and access to justice for individuals in B.C. Bill 33 also makes amendments regarding the provision which requires the LSS to be guided by the following principles: • give priority to identifying and assessing the legal needs of low-income individuals in B.C.; and • be flexible and innovative in the manner in which it carries out its objects. How the LSS will apply its broadened mandate is not yet clear, but there is a significant policy concern arising from this amendment: legal aid funding in B.C. has been proven to be insufficient to adequately fund legal services for impoverished people; broadening the mandate without increasing funding will further erode the province’s legal aid system. BT

JUNE 2007 UP FRONT

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

by David J. Bilinsky

10 Nothing Official by Tony Wilson 11 On the Web by Patricia Jordan

12 National News LEGISLATIVE UPDATE 13 Acts in Force

IN THE BACK 22 Calendar 24

Member Services

Bar Moves | Bravo

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

Classified Ads

Partners | Membership

volume 19, number 3

GUEST CONTRIBUTORS

Some Observations on the Subject of Associate Retention by Sandra MacKay

A Firm’s Perspective on Associate Retention by Penny Harvie

Mentoring Women Lawyers in British Columbia by Debra M. VanGinkel, QC

Charitable Purposes Preservation Act by Allan Seckel, QC

Computer Forensics and Electronic Discovery: What You Don’t Know Can Hurt You by Dave Iverson

The British Columbia Law Institute by Ann McLean

Law Week 2007: “Access to Justice”

CBABC 2nd Annual Conference – San Francisco by James Bond

Health & Wellness TIPS Sleep Tips Make sure your bedroom is dark, slightly cool and as quiet as you can make it! Avoid using the bedroom for work, exercise or other non-relaxing activities. uuu Develop regular routines before bedtimes including washing and teeth-cleaning, a glass of water or warm (non-caffeinated) drinks. uuu

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BARTALK June 2007

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

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

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

Law Week 2007: “Access to Justice” Law Week is a national event originated by the CBA celebrating the signing of Canada’s Charter of Rights and Freedoms. Held every April, Law Day provides an important opportunity to help Canadians learn about their justice system and to project a positive image of the CBA and the legal profession. The theme for Law Week 2007 was “Access to Justice” and this year, we also celebrated the 25th Anniversary of the signing of the Charter of Rights and Freedoms. Law Week events were held across the province in the communities of Dawson Creek, Fort St. John, Nanaimo, New Westminster, Port Coquitlam, Prince George, Vancouver, and Victoria. Highlights of all B.C. Law Week events can be found on pages 20-22. The CBABC thanks the Law Week Committee members for their work in organizing the Law Week 2007 events. The Committee, chaired by Debbie Granger, included Alison Campbell, Cindy Cheuk, Bill Clarke, Marika Giles, Beayue Louie, Sarah Klinger, Karla Koles, Arsen Krekovic, Forrest Nelson and So Yin Woo. Key partners included: the People’s Law School, the Law Courts Education Society of B.C., Northern Lights College, Malaspina College-University and the Ministry of Attorney General of British Columbia. Law Week is funded by the CBA, the Law Foundation of B.C., and the Vancouver Bar Association. The Victoria Bar Association also sponsored Law Week events in its community. In addition, for the second year, a number of businesses and organizations sponsored Law Week 2007 events including: Lang Michener LLP, Stikeman Elliot LLP, Fasken Martineau DuMoulin LLP, Alexander Holburn Beaudin Lang LLP, Dye & Durham, Canadian Springs, and Miller Thomson LLP. Thanks to all our partners and sponsors for their invaluable support of this year’s events. June 2007 BARTALK

from the president

frits verhoeven

What Makes Canada Great?

he 25th anniversary of Canadians continue to believe the Charter provides a that injustices should be made good occasion to reflect right. Crucially, we have faith that upon the place of the our political and legal institutions law in Canadian culture and sociare capable of doing so. Canada has ety, and the role of Canada’s legal long been one of the best countries profession in that respect. in the world to live. Canadians What makes a country great? have an unspoken confidence that We know that a wealth of natural this will always be so. resources does not lead to happiRespect for the law is part of ness for the population. There are our culture. In her 1985 book, The Frits Verhoeven many countries having an abunWacousta Syndrome, sociologist President 2006/2007 Gaile McGregor wrote: “In Canada dance of resources, yet the people B.C. Branch the culture hero is not the gunare impoverished and oppressed. Canadian Bar Association slinger, triumphing over opposition There are many other countries by a demonstration of natural powers and anarchistic where the opposite is true: they have limited natural individual will, but rather the Law itself: impersonal, blessings, yet there is material prosperity and a all embracing, pre-eminently social.” healthy democratic government. To lawyers, the Canada is known internationally as a country that answer is obvious: without respect for the rule of law, respects the rule of law, human rights, and the fundarespect for fundamental rights and freedoms, and an mental rights and freedoms set out in the Charter. effective justice system, a country cannot succeed. As lawyers, we can take pride in the role the legal Our 1867 constitution places “Peace, Order and Good Government” as one of its central objects. profession plays in building and maintaining that Canadians would overwhelmingly agree that there respect, and in constantly seeking to improve the law. can be no peace, order and good government without Lawyers volunteering their time through the the rule of law and an effective justice system. Our Canadian Bar Association are doing outstanding advomaterial prosperity and the well-being of our citizens cacy work on behalf of the profession. The last issue of depends upon the maintenance of these principles. BarTalk included a copy of the brochure “Canadian Bar When compared with “Liberty, Equality, Advocacy,” which provides a snapshot of national CBA Fraternity” or “Life, Liberty, and the Pursuit of advocacy efforts. CBA advocacy centers on themes such Happiness,” the POGG goal seems modest and uninas the independence of the profession and the judiciary, spiring. But the POGG goal is in fact a grand one, solicitor-client privilege, lawyers’ professional interests, when one considers how infrequently the nationaccess to justice, and fairness in the legal system. states of the world have achieved and maintained it. During 2006, CBA made 66 submissions to the Canada is exceptional in that, although there have federal government touching on these topics. CBA been many glaring exceptions, for the past 140 years intervened in several cases at the Supreme Court most Canadians most of the time have enjoyed the of Canada. benefits of peace, order and good government. When The legal profession in Canada has great influence there have been failures, Canadians have worked to on public policy issues. We may not often be thanked correct them, over time. for that, but all Canadians receive the benefit. BT 4

BARTALK June 2007

CAROLINE NEVIN

EXECUTIVE DIRECTOR

The Advantage of Being Young Why the CBA’s future is so bright in B.C.

rganizations – like attention to legislation, law people – go through reform and policy development, phases as they develop but do want to ensure the proand mature. The fession’s input on provincial and Canadian Bar Association, despite federal laws its 100+ years as an established • Concern about government and institution, is at a very early stage regulatory decisions – when in its development as a voluntary clout is needed to influence association in B.C. I describe us as decisions that impact lawyers, the most nimble, responsive Branch members believe in the power in the country, because almost and credibility of the CBA Caroline Nevin everything we do is charting new • A need to connect with other Executive Director ground here. Our energy, drive lawyers – members value B.C. Branch and “anything’s possible” attitude the networking, mentoring, Canadian Bar Association stems from our relative youth as a learning, volunteering... and a voluntary organization, and has made us a national sense of “belonging” to a leader when it comes to attracting new lawyers. profession, beyond day-to-day We are completely focused on excellence – its life as a lawyer. Yes, there are member discounts on useful definition, pursuit and achievement. In the world services, hockey and ski tickets. And yes, we are of member service organizations, there is only one B.C.’s most prolific, cost-effective provider of mandate: to be the very best at satisfying current up-to-date professional development through members and attracting new ones. For the CBA to do Sections. But most people join that requires a clarity of vision the CBA as a way to contribute that is only possible when you “While the voluntary and engage as part of the listen to lawyers. That’s one of my B.C. Branch may yet larger legal profession. Our key roles as Executive Director: be young, we have the job is to help you make that to hear what you have to say, both wisdom of elders and connection, and then exceed all good and critical, and to use that your expectations of what CBA information to guide our actions. experience to draw on.” membership means. We are now entering our I am fortunate to have a staff team that is as third year of voluntary membership, and close to 60 committed to this endeavour as I am, and a National per cent of the practising lawyers in the province have office that backs us 100 per cent. The CBABC joined us. From talking with members throughout Executive and Council have provided exceptional B.C., I have a clear understanding of why people join: leadership, ideas and support for new initiatives. • Personal commitment to the profession – a While the voluntary B.C. Branch may yet be young, belief that belonging to the CBA is an imporwe have the wisdom of elders and experience to tant part of being a lawyer, and that a strong draw on – and no limits to what we can accomplish CBA is good for the whole profession in the future. I look forward to working with you • A desire to support law reform – individas we grow. BT ual lawyers often can’t give their time and June 2007 BARTALK

section update

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members. ADR – Victoria Meeting: March 26, 2007 Speaker: M. Jerry McHale, QC, Assistant Deputy Minister, Justice Services Branch, Ministry of Attorney General of B.C. Topic: The Place of ADR on the Civil Justice Reform Agenda

Mr. McHale provided the Section with an update on civil justice reform initiatives in B.C. and led a discussion about the role of dispute resolution processes in those reform efforts. He has been at the forefront of significant civil justice reform and initiatives for over a decade. His PowerPoint presentation circulated to the members included highlights of the Hub pilot in Nanaimo. The “integration” of services means helping organizations to work more closely (including the Ministry of Health, Social Services, NGO’s, Justice, etc), to make their services known and accessible and to avoid unnecessary gaps and duplication. As part of the HUB pilot in Nanaimo,

these services will meet to discuss and clarify their services, availability and linkages – the “Community Panel” approach. Human Rights Meeting: March 16, 2007 Speaker: Christopher McHardy, McCarthy Tétrault LLP Topic: Mandatory Retirement in B.C.: The Beginning of the End?

Mr. McHardy presented an educational and thorough review of issues surrounding Mandatory Retirement in British Columbia. Some topics discussed were: The Current Law – B.C. Human Rights Code; Bona Fide Occupational Requirements; Benefits Plans; Collective Agreement Provisions; and Steps for Employers to Prepare for the End of Mandatory Retirement. The informative paper “Mandatory Retirement in B.C.: The Beginning of the End?” was presented by Mr. McHardy, and circulated to members in attendance and with the Section

Family Law – Vancouver Meeting: May 3, 2007 Speaker: Scott Booth, Jenkins Marzban Logan Topic: Spousal Support Advisory Guideline Calculations

Scott Booth, Past Chair of the Family Law – Vancouver Section guided members through a number of the more complicated spousal support calculations, including split and shared custody and step-parent contributions. “Despite a sunny evening and a Canucks playoff night, about 40 members attended this meeting. They were not disappointed! They enjoyed a lively discussion and debate on how various numbers should be inputted.” – Section Chair, Grace Choi Case studies were circulated in advance of the meeting. Mr. Booth explained why experienced and competent counsel show up in Court and/or mediations with different calculations using the same facts and software. 6

BARTALK June 2007

Commercial & Real Estate – Vancouver Island Meeting: May 10, 2007 Speaker: Brett Horton, Emergis Inc. Topic: Assyst Real Estate – Paperless Mortgage Transactions are Here!

Brett Horton, a former real estate practitioner who now works for Emergis Inc., presented to members a webbased platform that electronically links lawyers to lenders in real estate transactions. This Section luncheon meeting held in the Barristers’ Lounge at the Victoria Courthouse provided a preview of a new tool soon to be available to residential real estate practitioners in B.C. Mr. Horton described how Assyst Real Estate is designed to reduce many errors through electronic instructing and automatic modifications. The objective is to improve the customer service to both borrower and lender clients. Mr. Horton shared that Assyst Real Estate has been in use by notaries in Quebec for over five years where 80 per cent of all notaries use it to process mortgages for the National Bank, DesJardins and RBC Royal Bank. Assyst Real Estate is beginning Beta testing in British Columbia for RBC Bank mortgages and in the next year, it is anticipated that other lenders will join in the use of Assyst Real Estate platform to deliver mortgage instructions to solicitors. Mr. Horton finished his presentation with a brief demonstration of Assyst Real Estate, which allowed those in attendance to ask questions about the web-based platform and how it worked. Handouts were made available to members in attendance. Chair, Wendy Everson, found the presentation informative and hopes that the availability of this tool and the willingness of lenders to use it will allow residential real estate practitioners to re-enter and compete in the residential refinance lending market. minutes. The question and answer period following the presentation covered issues such as: challenges to entitled benefits; higher risk of litigation regarding mandatory retirement; and undue hardship if many are already accommodated. Securities Law Meeting: April 24, 2007 Speaker: Warren Funt, Vice-President, Western Canada, Investment Dealers Association of Canada (IDA) Topic: Update on the Pending Merger of the Investment Dealers Association of Canada and Market Regulation Services Inc.

An update on the pending merger between the IDA and Regulation Services was provided by Mr. Funt. His presentation included an overview of the development of the self-regulatory organization landscape and the status of self regulation generally. The increased efficiencies and improvement of the overall quality of regulation were identified as the

main reasons for the merger. Mr. Funt discussed the status of the merger, including the appointment of the Chief Executive Officer for the merged entity. He also spoke about the information circular which details the merger and which is expected to be distributed to IDA members as part of the approval process. BT

SECTION ENROLMENT 2007-2008 Coming in July – the 2007/2008 Section Enrolment form! With 67 Sections and a Women Lawyers Forum, CBABC members can keep up to date in their practice area and network with colleagues at Section meetings and events. Watch for the special envelope marked “Section Enrolment and Directory Order Forms” in your mail. June 2007 BARTALK

Practice Talk

david j. bilinsky

The Benefits of Coaching Associates take to the field…

Oh, put me in, Coach – I’m ready to play today; Put me in, Coach – I’m ready to play today; Look at me, I can be Centerfield.…

Business coaching is in the formative stages of becoming a profession. They have formed associations, adopted codes of ethics, established levels of proficiency, standards of professional conduct and examinations and established Words and music a level of self-governance. None of by John Fogerty this would happen if the business coaching industry and coaches David J. Bilinsky is the Practice did not see the benefit of taking n a perfect world, all junior Management Advisor at the such steps and marketing them to lawyers and associates would Law Society of B.C. the world. have senior mentors who E-mail: daveb@lsbc.org What can a good business would take the time to instil coach do for a busy lawyer? all their stored knowledge and They act like a magical mirror, experience into the junior lawyer. allowing you to see the qualities hidden inside Indeed, many lawyers have lamented that senior yourself and giving you the opportunity to see lawyers rarely today have juniors carry their briefhow those qualities can be brought to the surface case to court or to a major closing to witness, learn and used to best advantage in the future. Coaches and grow. Unfortunately, the growing economic can bring fresh perspectives to the table and pressures of practice have all but eliminated this enhance skills and effectiveness. They can stage in a lawyer’s career. help develop new approaches to personal However, in response to the loss of the mentorchallenges and develop decision-making skills, ship has been the growth of professional coaches. All personal confidence and personal effectiveprofessional and most amateur sports teams have ness. They can assist in increasing productivity, coaches. Such teams also have managers, marketpersonal satisfaction, goal-attainment and aid in ers, publicity people, accountants and others. What developing leadership. “exactly” then does the coach do for the team or team How can you determine if a coach is right members that is distinct from all the other profesfor you? One of the better indicators is that you sional staff? How does a coach make a difference? have a clearly defined goal in mind – i.e. you wish More importantly, how can a good, qualified coach to increase your productivity by 15 per cent (as take a collection of talented individuals and turn measured by billable time or collected billings) or them into a winning team? expand your clients in a certain area of practice by Some people are lucky enough to find a men25 per cent. Or it could be that your work/life tor in their firm or in their life – an individual who balance has become too one-sided and you are seems to know how to draw the best out of someone looking for ways to correct this before it is too late. and lead them on to greatness. For the rest of us Or it could be that you wish to become more adept at though, we either go through life making the best of going out and meeting with new clients and learning it on our own, or increasingly, some of us find assishow to work at business development. tance in the growing business coaching movement.

BARTALK June 2007

How does coaching work? Typically, a How long should the coaching period last? Can coaching relationship will begin with a personal the coach provide a timeline with measured results interview. At this first meeting, the coach and the that would provide meaningful feedback to the client would scope out their personal environment client on the progress being achieved as a result of including all opportunities and challenges seen by the coaching? How would you raise concerns about the client. Together the coach and the client would the coaching and the results being achieved? Are develop the desired outcomes, the scope of the relayou comfortable being fairly direct with the coach in tionship, the priorities for action and the timeline terms of your needs, goals and desired outcomes? for the coaching relationship. Subsequent meetHow can you measure success? There are two ings may take place in person but more frequently, ways to measure success, internally and externally. take place by telephone at pre-arranged dates/times. Internal measures of success would involve changes The coaching programme is customized to the in the client’s self-awareness and thinking, changes needs of the clients and their desired outcomes. in the thinking of others, changes in the client’s It may include reading resources, assignments, emotional state and changes in the client’s self-confiassessments (testing) and other tools. dence. External measures would involve It is certainly designed to be metrics such as increased revenues, proactive and nurturing. positive career evaluations and What should you look increased business perforKeep for in a coach? Like any mance as measured by an eye peeled for professional relationthe client’s law firm the Powerstick, coming ship, the personalities metrics. In all cases, of the individuals the metrics chosen this summer (not to be confused involved can have to evaluate the with the iPod powerstick, available a strong influence success of the now). A truly remarkable device that on the final outcoaching should charges from any USB port (anywhere come. As such, be related to in the world, no adaptor required) and it would be matters that then can be used to charge anything important to ask are within the yourself if this client’s control from a mobile telephone/PDA to your person is someone and influence. digital camera. in whom you can The reason establish trust and that coaching has uuu www.ecosolinc.com/ confidence? Other emerged as a force powerstick/ u areas that you can investoday is simply because rt es tigate are: What are their “it works.” The personal yo fc professional qualifications, care and attention that hris topher doll training and experience? What coaching can deliver is rare is their coaching experience? Can today outside of the coaching they provide references? What area(s) are environment. Moreover, it offers the they comfortable in coaching (i.e. finance, business possibility of making a real and positive impact on development, personal satisfaction, etc.) and what a lawyer’s career. After a successful and rewardhave been their results to date in these areas? What ing period of coaching, you should be straining to is the coach’s philosophy and vision for coaching be put in the game, ready to play with an increased and how do they see the two of you working self-image of what you can do and achieve. BT together? What is their process for coaching (inThe views expressed herein are strictly those of person meetings? Telephone calls? Assignments?) the author and may not be shared by the author’s Do they have any experience in working with employer, the Law Society of B.C. lawyers in a private practice environment?

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June 2007 BARTALK

nothing official

tony wilson

Adventures in Wonderland

Another Legal Conference, another Tylenol, another Story

f you’ve never been to the and dozed off for a moment. A International Trademark lawyer from China woke me up, Association Convention smiled and gave me his business (normally called INTA), card. Perhaps he didn’t see that you’ve missed the opportunity my eyes were closed (which is to be bombarded by 8000 fellow how we sleep in Canada). A trademark professionals meeting colleague told me he was also each year in a different city to talk offered a business card by one of about the following five things: these “Cardmen,” but in the men’s 1. The ridiculous crowds; bathroom. I hoped the card had 2. The free promotional swag not been offered while the two Tony Wilson is a Franchise, given out by Exhibitors; were sitting. Or standing. Trademark and Intellectual 3. Which big name rock band I surmised there was an orgaProperty Lawyer at Boughton will play the Thomson party; nization that didn’t want to pay in Vancouver. He’s written for the Globe and Mail and 4. The fine art of crashing law for an Exhibition Booth at INTA, Macleans magazine. firm receptions you weren’t but hired nameless Cardmen to twilson@boughton.ca invited to; and hang around comfortable chairs and bathrooms to give business 5. Hangovers. cards to the unwary and unwashed. Perhaps their You might note that the word “Trademark” is not overseers counted the business cards collected each in the top five things spoken about at INTA, but night and the Cardman with the least number got I assure you it is in the top ten. If you hope to get sent back to Beijing. new business at INTA, forget it. Everyone in this But the key to enjoying INTA are the law firm business is here, so it’s impossible to find any new receptions. As long as you’re wearing an INTA badge, contacts unless you booked it well in advance. you can more or less get access to any INTA party at Because you normally deal with your colleagues by any restaurant or bar in the Host City and be royally e-mail or on the phone, you don’t necessarily know treated to free drinks till the cows come home. Nowhat they look like. So you don’t look at anyone’s one is turned down, in part because they don’t know eyes at INTA. You look at their badges while preyou and in part because they want your business card tending to look at their eyes. It’s an art. to send you spam. That’s the trade-off. When I leave You have to bring lots of business cards to INTA the law, I think I’ll set up a travel business where to give to other lawyers, and to put in contest raffles I’ll send tourists to INTA and other big conventions to win things like iPods. And you get lots of cards in around the world. My “agency” would figure out return. Last year, I spoke to one of the Exhibitors and where the best receptions were, give patrons a tie, he asked me to put my business card in his bowl so a badge and some business cards and send them on that his company might send me spam. Appreciating their merry way to free inebriation and more canapés his honesty, I obligingly pulled a card from one of my than they could ever imagine. It’ll be like a cruise pockets and put it in his fish-bowl. At least I thought ship, but without the seasickness or awkward tipping it was one of mine. Who can say? decisions. I think I’ll call it “Gatecrashers Travel.” I’ll A couple of INTA’s ago, I was sitting down in a have to trademark that, won’t I? BT comfortable chair to collect my e-mails (and my wits) 10

BARTALK June 2007

PATRICIA JORDAN

ON THE WEB

Marketing Your Firm Online – Part 3

oes your network vital, as small mistakes can render have an open back a firewall worthless. door? If you don’t Your second line of defence know the answer to should include anti-virus software that question, then you could have to provide spam, spyware and virus a problem. Experts recommend protection for e-mail. If anti-virus you employ a three-tier approach software is not kept up-to-date, you to security: e-mail, network and risk becoming the unwanted target web security must work together of malware, spyware or similar to protect your network infrasoftware that can manipulate structure from a variety of threats, your firewall, rendering it useless. Patricia Jordan is the CBABC such as denial of service, phishing, Presently, firewalls do not scan for Manager, Interactive Media. malware, spam, spyware, viruses She welcomes your comments, viruses or e-mail attachments; they and more. An IT professional will questions and suggestions. control traffic moving in and out Tel: 604-646-7861 conduct a risk analysis to idenof a network system. In future, E-mail: pjordan@bccba.org tify threats, classify assets and rate firewalls may include anti-virus system vulnerabilities so that an content processing technology to effective security system can be provide comprehensive protection. implemented. If you are inexperienced with securityFor more information about security visit: netrelated issues, I suggest you speak with a professional security.about.com, securityfocus.com, cert.org/tech_ to determine your requirements and what the best tips/home_networks.html, and networkworld.com/ solution is for your firm. topics/security.html. First, you’ll need a firewall. A firewall’s purpose Internet Security Tips is to control traffic between computer networks with different zones of trust. For example, an internal • Develop a security protocol network is a zone with high trust and the Internet • Maintain a culture of security is a zone with no trust. IT professionals recommend • Install a firewall to block unauthorized access that you use both hardware and software firewalls. • Install anti-virus software and keep it upA hardware firewall is a piece of equipment that is to-date attached to your network system. The advantage of • Use secure passwords using a hardware firewall is that it is configured to • Back-up your data allow certain types of traffic, consequently protectSite du Jour ing the network and making it more difficult to www.legaltree.ca Site du Jour hack into than software. A software firewall is a Canada’s legal resource Legaltree.ca security program that is installed on a computer to is a collaboratively built website control network traffic by denying or permitting with research resources maintained communications based on security protocol. The by the site administrators, and legal proper configuration of a firewall requires the skill literature contributed by lawyers in the Canadian of a trained professional. A considerable understandlegal community. BT ing of network protocols and computer security is

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June 2007 BARTALK

national news | EVENTS

Calgary 2007: Activities for the Whole Family The Calgary YMCA promises an actionpacked program for youngsters while parents attend the CBA’s Canadian Legal Conference, Aug. 12-14. Children will be divided into two groups: ages 6-12, and teens, ages 13-16. Activities include visits to TELUS World of Science (interactive exhibits); Police Interpretive Centre (kids play junior detective); Royal Tyrrell Museum in Drumheller (dinosaurs); Zoo and Botanical Gardens; Calaway Park (amusement park); and much more. While in Calgary, allow time before or after the conference to do some sightseeing. Choose day tours, pre- and post-conference tours, or all three! Day tours include: city of Calgary and Olympic Park; Banff/Lake Louise; Kananaskis Country. Before and after tours include Prairies to the Foothills; Calgary, Jasper, Lake Louise, and Banff; and Prehistoric Paradise (Drumheller).

International Opportunities If you’ve always wanted to volunteer your time to take part in CBA’s international initiatives, it’s now easier than ever. The International Development Committee’s newly-created online resource bank allows you to complete a registration form and upload your c.v. Please visit the website (link below) to find out more about the many international opportunities available to members. Register online uuu http://www.cba.org/ cba/IDP/interdev/ getinvolved.aspx International programs uuu http://www.cba.org/ cba/IDP/programs/ 12

BARTALK June 2007

Tours: Register before July 15 uuu http://www.cba.org/CBA/calgary2007/activities/ Youth program: Register before July 9 uuu http://www.cba.org/CBA/calgary2007/activities/youth.aspx Conference registration uuu http://www.cba.org/CBA/calgary2007/main/

Compensation Survey Highlights Base salaries for entry-level associates, IP lawyers and corporate counsel all increased in 2006, according to CompINSIGHT® Legal’s 2006 National Legal Practices & Compensation survey. Other results show the bonuses and incentives paid to law firm associates are similar, on a percentage basis, to those paid to junior or intermediate corporate counsel. In terms of gender makeup, law firms are 60 per cent male to 40 per cent female, while corporations are 50/50 male to female. Survey results offer detailed salary information, analysis of benefits, incentives, law firm practices, and much more to participating firms. Customized reports are also available. More highlights uuu http://www.cba.org/CBA/practice/main/compsurvey.aspx

To participate uuu www.compinsight.com

acts in force

legislative update

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

acts in force

CHARITABLE PURPOSES PRESERVATION ACT, S.B.C. 2004, C. 59 (BILL 63) Act is in force March 8, 2007

CHILD AND YOUTH STATUTES (REPRESENTATION IMPROVEMENT) AMENDMENT ACT, 2007, S.B.C. 2007, C. 5 (BILL 7) Sections 7 to 10 and 16 to 26 are in force March 30, 2007

CURRENT FROM MARCH 6 - MAY 7, 2007 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is therefore provided as a benefit of CBA membership. The full version of Legislative Update is now published online, available to CBA members exclusively at www.cba.org/bc.

HEALTH STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 23 (BILL 29) Section 2 is in force March 15, 2007

REPRESENTATIVE FOR CHILDREN AND YOUTH ACT, S.B.C. 2006, C. 29 (BILL 34) Section 6, as repealed and replaced by section 9 of the Child and Youth Statutes (Representation

List of Law Reform Consultations and Notable Bills from the Legislative Assembly of British Columbia Stuart Rennie, CBABC’s Legislative and Law Reform Officer, has reviewed the current B.C. government law reform consultations and the B.C. government bills for the 2007 Spring Legislative session regarding bills that are imminent, are significant and where the CBABC is playing a role. To read the extensive list of law reform consultations and notable bills from the Legislative Assembly members go to uuu http://www.cba.org/BC/pdf/current_issues/law_ reform_05_07.pdf

Improvement) Amendment Act, 2007, except paragraph (c), section 10, as repealed and replaced by section 10 of the Child and Youth Statutes (Representation Improvement) Amendment Act, 2007, section 22, as repealed and replaced by section 19 of the Child and Youth Statutes (Representation Improvement) Amendment Act, 2007, sections 26 to 28, 31, 36 and 37 are in force March 30, 2007

Directory 2008 is Coming!

Don’t miss out on getting your Preferred Area of Practice (PAP) listings for clients and other lawyers to see – fill out the enclosed order form. To book your advertising or pre-purchase a Directory, go online to www.bccbadirectory.org. Watch for your Directory Listing Proof in June. Your Directory order form with be mailed with your Section enrolment form in July as well.

June 2007 BARTALK

GUEST

SANDRA MACKAY

Some Observations on the Subject of Associate Retention

hen asked to comexpectations for partner contribument on associate tions and associate contributions retention strateas to productivity are remarkably gies here at Lang close. We share results with the Michener, my first instinct was to associates with what I consider touch wood. For in spite of what to be unique candour. We have a we and other firms do in order to rigorous annual business planning keep associate talent, we will still process for all associates which we inevitably lose some great lawyers find an effective tool in ensurto other opportunities. ing that the associates’ careers So I offer up some observaare developing as they and the Sandra MacKay is the Practice tions on how Lang Michener is Firm wish. Director of Lang Michener LLP, approaching the subject, someWe encourage client contact Vancouver, in which role she oversees associate recruitment what gingerly. This is a work in at all levels. Lang Michener’s partand development and parprogress and I hope we are dancners aim to demonstrate to the ticipates in firm management. ing fast enough. associates how they manage client Before joining Lang Michener There is now broad accepexpectations and demands and how to take up this position, Sandra tance in this Firm that times have they prioritize and compromise practised law both privately and indeed changed, and we aren’t when that presents balance issues. as in-house counsel. going back. We are well past the We encourage direct client contact “why can’t this new generation by the associates, in part so that think like we did” attitude that I believe still exists they too feel the accountability to the client that really in many firms. is at the root of the work/life balance struggle. For some years now, Lang has coordinated secWe don’t burn bridges with those who do leave. ondment opportunities, both abroad, through relaIf this is an excellent firm offering great experience, tionships with foreign firms, and domestically with then by virtue of that the associates will have opporthe other offices, in order to allow the associates to tunities elsewhere; we’ll take some credit and pride broaden their experience and sample international in that, rather than despair over it. We want those opportunities without severing their ties to the Firm. who leave us to leave as friends of the Firm and We hire with a very deliberate honesty about potential returnees; we have continuing relationships the Firm; by that I mean, we present Lang Michener with former associates from Europe to Asia. as we are, so that the match of an individual to this As a final comment, I would encourage a larger view of the whole issue. Yes, the market for associtype of firm and practice is as exact as we can get ates and the demands of this new generation require it. We are moving away from a formal mentoring a reconsideration of traditional firm thinking, but is program to a general apprenticeship model whereby that such a bad thing? I think many from my genall senior lawyers are expected to guide and teach all eration wish we’d had the courage or the bargaining junior lawyers with whom they work. power of today’s associates. So, looking at the associWe have modernized the Lang Michener ecoates from that viewpoint: more power to them. Yes, nomic model. It doesn’t hurt Lang Michener that you make my job challenging, but keep it up. BT the partners here work hard. Lang Michener’s 14

BARTALK June 2007

PENNY HARVie

GUEST

A Firm’s Perspective on Associate Retention Fasken Martineau DuMoulin LLP

ver the last several The Task Force met frequyears, many articles ently and spent considerable time have suggested the discussing associate issues and posdifferent nature and sible recommendations. We develinterests of young professionals oped an Associate Survey which – law school graduates are less was completed by 75 per cent of likely to stay with the firm they the associates on an anonymous start with, and less likely to see basis. Two main themes emerged partnership as a desired goal. We from the Associate Survey: desire know many graduates view a law for better work/life balance and degree as an adjunct to a business better mentoring/training. The Penny Harvie degree and preparation to pursue Task Force also reviewed the staDirector, Professional Personnel future entrepreneurial interests. tistics on associate attrition rates, Fasken Martineau DuMoulin At Fasken Martineau DuMoulin compensation and part-time work LLP, Vancouver (FMD), although FMD’s associate arrangements; and numerous attrition rates have remained relatively stable over industry journals, articles and other materials. the past few years, we’ve been challenged in making At the mandate’s conclusion, the Task Force gains in the retention of the associates to augment report to the Managing Partner contained 17 recomFMD’s ability to deliver excellent client service at mendations; some were easy to implement: such as the right practice level in a very busy market. We setting up a series of in-house seminars on non-work recognized that these challenges were not unique to issues such as financial planning, personal investing FMD’s firm; they are at least citywide and perhaps and tax planning. Others required process changes, even profession-wide. including the development of better career planning In the Fall of 2005, then Managing Partner of and evaluation tools. Many of the recommendations the FMD Vancouver office, Sue Paish, QC, struck have now been implemented. One suggestion was an internal Associate Task Force with a mandate to the creation of a dedicated professional associate review associate life at FMD. coordinator in order to ensure that the Task Force The Task Force was due in part to the 2005 recommendations were implemented and to provide Catalyst study of over 1400 Canadian lawyers which ongoing support for the firm’s associates. It was also reported some chilling statistics: 62 per cent of female recognized that although many of the recommendaassociates and 47 per cent of male associates are tions required partner involvement, when they are expected to leave their firms within five years; left solely to partners to implement, client issues average cost to a firm of an associate’s departure is and billable work can push this work off the day’s $315,000; and women and men reported the same agenda. A dedicated associate coordinator would factors as important if they were to change firms: be able to oversee all aspects of the firm’s associan environment more supportive of family/personal ate program. This particular recommendation was commitments, and more control over work schedules. implemented at the start of this year, and as the first Retention of talent arguably underpins every other incumbent I am delighted to have been offered this factor critical to a law firm’s success and the Catalyst tremendous opportunity to make a difference in the study confirmed it’s becoming a tougher challenge. lives of current and future associates at FMD. BT June 2007 BARTALK

guest

Debra M. Van Ginkel, QC

Mentoring Women Lawyers in British Columbia

omen make up one The Mentoring Committee recthird of the legal ognizes that a successful Program profession in B.C., requires on-going support, educadespite graduating tion and encouragement beyond in equal numbers to men at law the initial matching of the mentorschools across the country since the ing pairs. Accordingly, at the start early 1990s. However, the attrition of the Program, the mentoring pairs rate of women leaving the profesattend an orientation in order to sion is much higher than for men. explain the Program and to review the Guidelines and the Agreement. In order to support and promote At the end of the year, the parwomen in the legal profession, the Debra M. Van Ginkel, QC ticipants attend a celebration event CBA Women Lawyers Forum was Chair, CBA Women Lawyers where they are recognized for their started in B.C. in 2002 and became Forum participation and contributions. a national organization in 2005. The Women Lawyer Forum also runs a series of The Women Lawyers Forum Mentoring workshops and luncheon events on topics of interest Program is an initiative designed to facilitate to the mentoring participants. These events include mentoring relationships for women in the legal training seminars on topics such as communication, profession. There are no other organizations in with tips that are applicable to their mentoring Canada that provide mentoring for women lawyers. relationship. We hold workshops on work-life The Mentoring Program was developed in order balance or other topics of interest, and we organize to address two issues that adversely affect women panel discussions on mentoring, such as the popular lawyers: to address the attrition rate and the fact that “Ten Hot Tips From Ten Hot Mentors,” and “What women may not be naturally matched with a mentor. I Learned From My Mentor,” where senior women We believe that mentoring will help women to stay lawyers provide insights and practice tips. and flourish in the practice of law. Further, it is a In order to expand the Mentoring Program, practical way for women to help each other with the with the goal of providing mentors to all women challenges of a demanding profession. lawyers and articled students in B.C., the Women The Mentoring Program has developed a new Lawyers Forum has received a grant of $50,000 from model of mentoring, that is, a collaborative learning the Law Foundation. Over 3,000 women lawyers in partnership, benefiting both the mentor and the the province have been contacted to request their mentee. We believe that mentoring relationships participation in the Mentoring Program. We are in have changed dramatically in recent years. No longer the process of matching women lawyers in mentoring is the mentor necessarily an older, more senior pairs from all corners of the province. lawyer. Often younger lawyers make great mentors More information can be obtained from the because they remember more vividly the struggles CBABC website at www.cba.org/bc. Anyone interof those closer in experience to themselves. Further, ested in hearing more about the Program is welcome peer mentoring is an important aspect of the to contact Debra M. Van Ginkel, QC at dvanginkel@ Mentoring Program, where senior lawyers may want wgmlaw.com or at Watson Goepel Maledy LLP a mentor themselves, to help them navigate their 604-642-5658. BT own career challenges. 16

BARTALK June 2007

ALLAN SECKEL, QC

GUEST

Charitable Purposes Preservation Act

he Charitable Purposes available to meet unrelated liaPreservation Act1 has bilities of the charity, even in a now been brought bankruptcy or winding up. into force. Certain provisions of the Act The Act, which took effect are specifically designed to answer March 8, addresses potential key features of the case. uncertainty in the law of chariFirst, the Act makes clear that table giving in British Columbia. a charity, itself, has no beneficial It follows the 2000 Ontario Court interest in discrete purpose chariof Appeal decision involving table property. Accordingly, in a the Christian Brothers of Ireland winding up of the charity, there Allan Seckel, QC in Canada.2 would be no value in that property British Columbia Deputy That case involved whether for creditors and other claimants Attorney General two Vancouver Catholic schools and no reason for the liquidator to run by the Christian Brothers pursue it on their behalf. should be sold and the proceeds made available Second, the Act provides for the circumstance to help pay claims for sexual abuse at the Mount where a charity is no longer able to use that property Cashel orphanage in Newfoundland. to advance the discrete purpose. Like the law of charThe Vancouver schools had been established itable trusts, the Act is based on the principle that from charitable donations over the years. The certain gifts should not fail for lack of a person able schools had been held in trust by the Christian and willing to advance the gift’s charitable purpose. Brothers. There was no other connection between To that end, the Act creates a process which mirrors the Newfoundland claims and the Vancouver the cy-pres powers used by the courts in charitable schools. Yet, the Ontario court held that the schools trusts cases. were available to meet those claims. Third, the Act specifically provides for what In response to the uncertainty raised by the happens to discrete purpose charitable property on Ontario decision, the British Columbia government a bankruptcy or winding up of the charity. It allows decided to create additional legislative safeguards for payment of any debts relating to that property, for charitable giving in this province. with the remainder to be transferred to a new The Charitable Purposes Preservation Act does charity and applied to the same or a similar discrete not change or restate the law of charitable trusts. charitable purpose. Instead, it provides supplementary protection in In sum, the new Act is not intended to replace certain circumstances. the British Columbia law of charitable trusts. To be protected under the Act, charitable Rather, it creates parallel statutory protections gifts must fall within the definition of “discrete that apply in certain circumstances, ensuring purpose charitable property.” Then, if such propcharitable donors’ intentions in that regard erty is kept and administered separately from the may always be fulfilled. BT charity’s other property and used in accordance with the discrete purpose, it will remain protected under 1 S.B.C. 2004, c. 59 2 (2000) 47 O.R. (3d) 674 the Act. In particular, such property will not be June 2007 BARTALK

guest

DAVe IVERSON

Computer Forensics and Electronic Discovery: What You Don’t Know Can Hurt You

The above list is by no means hanks to television exhaustive. shows such as CBS’s The value of electronic data CSI franchise, intercannot be overstated. On one file est in forensic science taking place several years ago, an is at an all time high. This has individual was accused of having resulted in increased enrolment in plagiarized an essay. With no criminology courses, and an overall additional information besides dissemination of forensic knowledge to the general public. Yet the conflicting statements of each despite this, the widespread use of individual, counsel for both sides computer forensics and electronic agreed to have an independent Dave Iverson is a manager with discovery procedures by the legal third party examine the electronic PricewaterhouseCoopers LLP’s community still lags behind its version of the contested essay. investigations and forensic more glamorous forensic cousins Upon examination it was services group. of DNA and pathology. determined that both essays had Current estimates place the average amount been created at the exact same moment in time. of electronic information produced per person at Furthermore, in sworn statements by each individ800MB/year. In terms of paper, it would take approxual, only one person was at home at the time when imately 30 feet of books to store all of this data1. each essay was created. Multiply this by the number of people involved with By looking at the electronic document, and not litigation, and the end result is a large amount of relying on the paper copy, litigators were given addielectronic data availably for discovery. tional information that was not originally available Canada appears to be taking limited steps to them. Any concerns raised about using a computer toward asking for full electronic disclosure. In my forensic expert were quickly mitigated. Costs were experience, when requests are made for electronic saved and shared by agreeing on an independent documents relating to litigation, paper copies of the expert, and additional cost savings were realized via requested documents are produced. Or, if not paper a reduction in legal fees that would have resulted copies, then a DVD with copies of the paper docufrom a drawn out litigation. Electronic information is here to stay. The way ments scanned and saved in a searchable OCR2 type people communicate and work with one another has format is provided. forever changed. For proof, just ask yourself when By obtaining documents in this nature, important you last saw or used a typewriter. With the answer information can be unintentionally or intentionally to that question firmly in mind, it is time to move omitted. This information, often referred to as metaforward in the realm of document requests. To condata, may include: tinue to rely solely on paper documents places one in • Confirmation of where the e-mail message a hear-no-evil, see-no-evil world. A world which is originated; quickly being left behind. BT • Unaltered e-mail message threads; • Date and time a document was last printed; and 1 Lyman, P., Varian, H, University of California, 2003, How Much • The name and company of the individual who Information? 2003, [Online] University of California at Berkley. 2 created the document. Optical Character Recognition 18

BARTALK June 2007

Ann McLean

GUEST

The British Columbia Law Institute

“

It would be idle to pretend that continuing development of our law can be left safely or solely to the slow, uncertain process of judicial evolution, to the day-to-day policies of governments, or to the whims of individuals. There are too many constraints on those who make the policy, too many demands on scarce resources, to allow us to leave the business of law reform to such an uncertain and uncoordinated fate.

CCELS focusing on issues of particular concern to older adults. Both BCLI and CCELS have a record number of law reform and outreach activities under way and under consideration. BCLI is working on major projects relating to the Society Act, the Privacy Act, and the Commercial Tenancy Act, and a project on real property Ann McLean law reform is under consideration. Chair of The B.C. Law Institute, CCELS is engaged in three major 1822 East Mall, UBC, projects including the multi-year, Vancouver, B.C. V6T 1Z1 - Michael Kerr, L.J. “Aging with Challenges”. In addition, BCLI and CCELS are he British Columbia Law Institute actively considering approximately 15 new law (BCLI) recently celebrated its tenth annireform projects. The CCELS has begun organizing versary as an independent law reform the third annual Canadian Conference on Elder body. With its division, the Canadian Law, which will be held at the Wall Centre in Centre for Elder Law Studies (CCELS), the institute Vancouver, on November 8-10, 2007. A highlight of is now poised for continued success and growth. this year’s conference will be the keynote speaker, BCLI believes there is an important continuing need Chief Justice Beverley McLachlin. for professional, objective, non-political law reform Over the past year BCLI made significant progwork, along with outreach efforts to support access ress. BCLI funding expanded, providing both BCLI to and respect for the administration of justice. We and CCELS with a sound financial base. We have collaborate with various parts of the legal community made a successful transition from retiring Executive and seek ways to expand these relationships. The law Director Arthur Close, QC, to incoming Executive reform project committees include law professors, Director Jim Emmerton, who has extensive busimembers of the practising Bar, members of the ness and development experience, and a strong public and judges. Many of the volunteers are found legal background. As well, nearing completion is through BCLI’s connection with the CBA’s Sections the institute’s strategic planning process, which will and Legislation and Law Reform Committee. We clarify BCLI’s mission to be a leader in law reform have offered an articled student position in conjuncand related outreach activities. tion with a law firm, and we hope to build on future The institute could not have achieved its remarkopportunities for shared articled student arrangeable success without the support of the Law Foundation ments with other public organizations and law firms. of B.C. and the B.C. Ministry of Attorney General. In BCLI maintains a substantial library of law reform times when government funding for independent law publications searchable on the BCLI website and reform has been declining, their commitment to the accessible on request. We actively seek opportuniimportance of maintaining an active independent law ties to engage the public in information exchange reform body in British Columbia is admirable. BT concerning legal developments and law reform, with

”

June 2007 BARTALK

LAW WEEK EVENTS

L A W W

www.bclawweek.org A variety of fun and educational Law Week events were held in communities across the province which celebrated this year’s theme “Access to Justice” and the 25th Anniversary of the Charter of Rights and Freedoms.

Open Houses and Other Events in Local Communities DAWSON CREEK – APRIL 19, 2007

Dawson Creek’s Law Day focused on a mock murder trial performed by students from the South Peace Secondary School’s Law 12 class. Students performed all of the roles and members of the public served on the jury. Other events included a court tour and information booths from a variety of justice organizations. Special thanks to Tanya Helton for organizing the events in both Dawson Creek and Fort St. John. FORT ST. JOHN – APRIL 18, 2007

The most popular event at this very successful Open House was a mock trial involving local lawyers, judges, a police officer and members of the public who served on the jury. This was followed by a Q&A session with the Judge where members of the public asked a number of valuable questions about the justice system. The Open House also included exhibit booths and displays from a variety of justice organizations including an RCMP police cruiser. NANAIMO – MARCH 5, 2007

A Law Day seminar by Judge Justine Saunders on “Women, the Family and Access to Justice” was 20

BARTALK June 2007

held in Nanaimo on March 5th at Malaspina University-College. Our thanks to Judge Saunders and Michael Warsh for organizing this event. NEW WESTMINSTER – APRIL 19, 2007

This Open House which was strongly embraced by the public and court staff included a court orientation and tour. Sheriffs in attendance opened their two transport vehicles to the public. Q&A sessions with a Judge, Crown Counsel and Deputy Sheriff filled one courtroom to capacity. In another courtroom an elementary school performed a mock trial where Peter Pan was charged with abducting the Darling children. Special thanks to Glenn McArthur for organizing the events in both New Westminster and Port Coquitlam. PORT COQUITLAM – APRIL 20, 2007

This well-attended Open House featured similar events to those held in New Westminster. The mock trial was met with great interest, attracting more than 110 members of the public. Extra seating to accommodate the audience was necessary for this popular event despite it being held in the largest courtroom in the Port Coquitlam Provincial Courthouse. PRINCE GEORGE – MARCH 23, 2007

The Prince George Open House was held early to coincide with the 10th anniversary of the opening of the Prince George Law Courts. It was the best year ever, with over 400 participants and members of the public attending the events. Events included two mock trials; “Spot the Target” contest co-sponsored by ICBC; “How well do you know Canadian law” contest; 13 display tables from public service agencies; a Citizenship Court; and presentations by a variety of the legal system representatives. The events also included a RCMP dog handler and his police dog. Special thanks to Karen Hall-Lemon and Anita Meldrum for organizing the events in Prince George. VANCOUVER – APRIL 21, 2007

The Vancouver Open House events were also a huge success. This year’s events included a public forum hosted by Ian Hanomansing of CBC. Members of the public were invited to ask questions of a panel of senior justice representatives. This

LAW WEEK EVENTS received considerable media attention and was very well-attended by the public. The Open House also included a citizenship ceremony where 60 people from 32 different countries were welcomed as new Canadian citizens. The Honourable Wally Oppal, QC, Chief Justice Lance Finch, Senator Mobina Jaffer, QC, and Kerry-Lynne Findlay, QC participated as keynote speakers. Other events included free law classes hosted by the People’s Law School, a high school mock trial, displays and demonstrations from 32 organizations including police horses, motorcycles, cars, and a boat and sheriff’s vehicles. Our thanks to Sylvia Wong, Director John Kent and the staff at Citizenship and Immigration Canada for coordinating the citizenship ceremony and to Andrew Nip of the People’s Law School for organizing the free law classes. VICTORIA – APRIL 21, 2007

This year’s Open House events included: an interactive mock trial; police seminars on crystal meth, dating violence and impaired driving; Q&A session with members of the Provincial and Supreme Court judiciary and B.C. Sheriff Services; a court tour; resource rooms on civil, family and criminal law; and a mock trial competition. Our thanks to Sylvia Sangha and Kerry Simmons for their work in the planning of this year’s events.

Dial-A-Lawyer On April 21, 2007, 24 lawyers volunteered at the CBABC province-wide “Dial-A-Lawyer” Program between 10:00 a.m. and 2:00 p.m. by providing free legal advice to the general public. During that time, members of the public were invited to call and speak with a lawyer for up to 15 minutes on the following topics: Business Law, Wills Estates & Trusts Law, Criminal Law, Tort and Motor Vehicle Law, and Family Law. There were 235 calls received from members of the public from all regions of the province, a 30 per cent increase from last year, including 78 Chinese speaking callers. The Law Week Committee thanks S.U.C.C.E.S.S. for their participation in recruiting Chinese speaking lawyers to assist with this event and all the volunteers who answered DialA-Lawyer calls and assisted with this year’s event.

Student Contests The following events attracted participation from high school and elementary school students from across the province: • Barry Sullivan Law Cup Public Speaking Contest – Open to students enrolled in Grades 11 and 12, this year’s event was held on April 19th at the Vancouver Law Courts. Eighteen students from 15 schools around the province, including Kamloops, Kelowna, Vernon and Victoria, participated in this contest which involved each student presenting a five minute speech on one of the following two topics: “Is there or is there not an issue with the accessibility of justice to the average Canadian citizen? What does Access to Justice mean to you?” and “Does the Charter of Rights and Freedoms set Canada apart from other countries in the world?” The semi-finalists were judged by panels made up of lawyers and retired members of the judiciary and the finalists presented their speeches to a panel consisting of Chief Justice Lance Finch, Chief Justice Donald Brenner and Professor Elizabeth Edinger. • Essay Contest – This contest which was open to students in Grades 8 to 12 involved students preparing essays on the topics described above. • Poster Contest – Students in Kindergarten to Grade 3 were invited to submit posters on the topic “Access to Justice.” The winning essays and posters can be viewed at www.bclawweek.org. We would like to thank all of the semi-finalists, judges, and students for their participation in this event and Mr. Sullivan’s widow Ms. Dawn Waddell and her family for their support of the Barry Sullivan Law Cup event.

Fun Run/Walk Members of the legal community and their families and friends participated in the 4th Annual Fun Run/Walk held on April 1st at Locarno Beach Park. Seventytwo participants of all ages braved the cool, but June 2007 BARTALK

LAW WEEK EVENTS | CALENDAR sunny weather to join in this fun event. Awards were given in the categories of fastest female, male, female under 14, male under 14, legal organization or law firm with 50+ employees, and legal organization or law firm with 49 or less employees. Thanks to Lisa Hartley Photography and congratulations to all of our winners and to everyone who participated in this event!

Student Mentor Program Grade 11 and 12 students in Greater Vancouver were matched with lawyers to spend a half-day in their workplace. In addition, lawyers were matched to attend high school classes. Strong support from lawyers throughout the Lower Mainland resulted in this event providing a very valuable learning opportunity for students who have an interest in pursuing a legal career. Some of the innovative mentorships included matching groups of students spending a half-day at the law firms Borden Ladner Gervais LLP and Warren & Eder, and the Vancouver Crown Counsel office. The Crown Counsel matches included a half-day of seminars that were organized by Andrea Spence of the Vancouver Provincial Crown office where 30 Grade 12 students from 13 different schools attended presentations on conducting direct and

cross-examinations, the role of Crown Counsel, and a Q&A session with a judge. Thank you to all of the lawyers, other justice system representatives and students for their participation in this event.

Free Law Classes The People’s Law School and public libraries hosted four well-attended law classes which were free for the general public from April 16th to 19th in Greater Vancouver communities. The topics of the classes included Landlord & Tenant Law, Scams to Avoid, and Wills & Estates. Thanks to Andrew Nip of the People’s Law School and to the Burnaby, Coquitlam and Surrey Public Libraries for organizing these classes.

Thanks to Our Volunteers and Participants We would like to thank all of the many Law Week volunteers, participants, and organizations whose participation in and support of Law Week events played a key role in the huge success of this year’s events. A full listing of all of the volunteers, participants and organizations can be found a www.bclawweek.org. BT

(see cba.org/bc for details)

Branch and Bar Calendar

June – July 2007 June 8

CBA (BC) Benevolent Society’s Sixth Annual Battle of the Bar Bands

June 13

Lawyers Assistance Program of British Columbia: Burns Book Group

June 15

Lawyers Assistance Program of British Columbia 7th Annual Gratitude Lunch

June 21

CBA/VBA Golf Tournament (UBC Golf Club, Vancouver)

June 22-26

International Society for the Reform of Criminal Law 20th Anniversary Conference (Four Seasons Hotel, Vancouver)

June 23

Provincial Council (Delta Airport Hotel, Richmond)

June 27

Lawyers Assistance Program of British Columbia: Burns Book Group

June 29-30

UVic Faculty of Law International IP Symposium (Oxford, England)

July 4

Lawyers Assistance Program of British Columbia: Burns Book Group

July 5

FVBA/NWBA Annual Golf Tournament (Guildford Golf and Country Club)

July 6

CBABC Committee Appointments Day

July 11

Lawyers Assistance Program of British Columbia: Burns Book Group

July 25

Lawyers Assistance Program of British Columbia: Burns Book Group

BARTALK June 2007

JAMES BOND

GUEST

CBABC 2nd Annual Conference – San Francisco

f you joined us in Las Vegas last legal commentators from here in year for Viva Lex Vegas, the first British Columbia. annual CBABC Conference, Those of you who attended or if you didn’t join us and last year will be pleased to know wish you had, now is the time to that we’re bringing back Berkey Belser, the marketing and start preparing for our second annubrand management whiz who al Conference, San Francisco Style, was our highest-rated speaker November 16th and 17th, 2007. in Las Vegas. Some of our other Like the Viva Lex Vegas theme speakers include: from last year, this year’s San Francisco Style theme has nothing • Mary Carlson, the Executive James Bond to do with legal notions, and Director of the British Columbia CBABC Executive Officer everything to do with our host city. Office of the Information and CBABC 2007 Don’t get me wrong – there will Privacy Commissioner, who Conference Chair be plenty of law-related programwill be addressing the impact of ming (10 hours of programming that count toward privacy legislation on the legal profession (and your Law Society Annual Practice Declaration, as a its clients); matter of fact). However, we also want the delegates • Robert McDiarmid, QC, our former Law to engage in and soak up the atmosphere of our host Society President, who will be co-presenting city while they are learning, socializing and networkwith Denise Howell, a well-known American ing – and we have made a concerted effort to ensure legal commentator, on the ethical issues arising that happens. from technology; Our conference hotel is the Crowne Plaza Union • Terrence O’Sullivan, one of Canada’s bestSquare, located right in the heart of the dining, known commercial litigators, and lead counsel entertainment and shopping action. The opening for the CBA on its recent intervention at the reception will be a Napa Valley Wine Tasting held Supreme Court of Canada in the Davis & Co. at a well-known Union Square art gallery. The case; and optional closing event, Beach Blanket Babylon has • John Keker, a San Francisco intellectual been a San Francisco must-see for the last 30 years property litigator and member of the California and is called a “hilarious, campy, over-the-top San Bar’s “Trial Lawyers Hall of Fame” who is Francisco institution.” ranked by numerous publications as one of the We were extremely pleased with the feedback best lawyers in America. we received on our continuing legal education This year’s Conference has a limited capacity (and programs last year, and have developed a proa great price – $750 gets CBA members the program for this year’s Conference which you grams, as well as the cocktail reception, breakfasts will find even more engaging. We have also and lunches on Friday and Saturday, and dinner on continued the format of inviting well-known legal Saturday night). We have conveniently included the luminaries from across the continent (and in the registration form as an insert in this issue of BarTalk. case of this year’s Conference, the San Francisco Don’t wait… take advantage of the opportunity to area in particular) to speak along with well-known soak up a little San Francisco Style. BT June 2007 BARTALK

member services Check the CBABC News & Jobs e-mail every week for our featured offers under Member Services News. Check out these featured services – for more information on these and other discounts go to the Member Savings section at www.cba.org/bc.

Alpine Resorts A great ski season this year – tickets will be available for the next season. Details, as they become available, will be rolled out in time for Winter Ski Program 2007.

Sports Lions Season Tickets A great deal – for every new Season Pass ordered – a portion is “kicked back” to the Canadian Bar Benevolent Fund. Your money is working twice as hard! Check the website for specific details on how to order.

Canucks Tickets Well, we made it to round-two – next year will be even better! Tickets will be made available for the next season! Details will be posted on the website when they become available.

Playland! The PNE! And other great offers! PLAYLAND and THE PNE This is a super opportunity for some summer family fun – at great prices – and so convenient. How does it work? Check out the Member Savings section at www.cba.org/bc and then order your discounted tickets online – print them off yourself at your convenience. What’s new at Playland for 2007?

• New 90 foot Westcoast Wheel – fun for everyone • New basketball court – take a break with some 3 on 3

• Redesigned haunted house – will scare you silly • KC’s Raceway – great fun for kids 24

BARTALK June 2007

Personalized Lawyer’s Cases from Bugatti These popular bags are selling fast... so buy one today. Welcome your newest associates or partner with a sleek, professional, genuine leather case with their name or initials and your firm or logo. Great CBA discounts!

Looking to Buy or Lease a Car? Check out ProGroup, Carters or Afrique – Compare all three to receive a significant discount on a purchase or lease of a new vehicle.

Terminal City Club The Terminal City Club extends to all CBA members a unique opportunity to join one of Vancouver’s most prestigious social clubs. CBA members receive a 25 per cent discount when they join the Terminal City Club.

Counsel Network Offering members an exclusive Preferred Recruitment Benefits Package for Law Firms – this package offers premium enhancements and discounts over regular recruitment services, fees and benefits.

Upcoming CBABC Event A day of fun and networking 2007 Canadian Bar Association, B.C. Branch / Vancouver Bar Association Golf Tournament Nothing says “summer is here” like a day on the green, so tee-off with your friends and colleagues for the 11th Annual CBABC/VBA Golf Tournament at the UBC University Golf Club. There will be games, food, drink, a silent auction and plenty of golf “fore” everyone, plus proceeds go toward law student scholarships – so your good time supports a good cause. Mark your calendars for June 21, 2007 – you will not want to miss this event! Details can be found on the CBABC homepage under “Current Events.”

bar moves | BRAVO

Bar Moves

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

DEVON C. WINDSOR has joined Hungerford Tomyn Lawrenson

and Nichols in Vancouver to continue their civil and commercial litigation practice. DON M. DARMAN has joined the firm of Bryenton and Associates as

Associate Counsel where he will practise family law, employment law, wills and estates, real estate and civil litigation. Barbara Flewelling and Anne Sheane are excited to announce

that they have affiliated their respective plaintiff only personal injury practices under the banner of Sheane Flewelling – effective immediately. Bull, Housser & Tupper LLP is pleased to advise that they have hired two new associates, Jana McLean and Joe Pagé. Jana was called in 2001, articled and practised litigation at Lawson Lundell until 2004, and then went on to complete her Master of Laws in International Law. Joe Pagé joins the Business Group from the Vancouver office of BLG. Bull, Housser & Tupper LLP is also pleased to advise that Alex Shorten has joined the firm as Associate Counsel. Alex brings extensive experience and leadership skills as a legal and business advisor in both the forest products and construction sectors in Canada. Anita F. Boscariol is the new Executive Director of the Federal

Treaty Negotiation Office (“FTNO”) in B.C. FTNO represents all Canadians and federal departments and agencies in the negotiations of comprehensive claims by first Nations in B.C. The goal of the B.C. treaty process is to build new relationships with First Nations, achieve certainty over ownership and use of land and resources, and enhance economic opportunities for First Nations. Roger S. Watts has moved from Slater Vecchio to join Boughton Law Corporation in Vancouver, where he will continue to practise insurance and commercial litigation.

As of May 1, 2007 Allan A. Parker has left his position as Program Manager for the LawLINE at the Legal Services Society to take up the position of Executive Director at the Access Justice Society (formerly the Western Canada Society to Access Justice). This position was held by the late Dugald Christie, and Allan looks forward to working with the board, staff, and the many lawyers and others who volunteer with Access Justice to build on Dugald’s legacy. Del Friday has left the firm of Bell, Spagnuolo to join Waterstone Law

Group’s Langley office where she will be practising general corporate and commercial lending. As of April 30, 2007 Praveen Sandhu is an associate at Koffman Kalef.

The Victoria Battle of the Bar Bands The second annual Victoria Battle of the Bar Bands took place on Friday, March 9, 2007 at the erstwhile Central Bar and Grill. The event raised over $6,000 for the CBA Benevolent Society. The evening’s events unfolded before an initially bemused but later raucous capacity crowd. The combination of an Applause-O-Meter and a partisan crowd led to victory for the Victoria Bar’s own alllawyer quartet, Blind Elmo, consisting of light-footed percussionist Jeryl McLean, his clumsy fellow backliner, bassist and vocalist, Little Johnny Waddell, the strange but remarkable lead guitarist, Tom MacLachlan, and the righteously mercurial rhythm guitarist and lead vocalist, Rob Richey. The boys were joined for the latter part of their set by the dynamic Lisa Mitchell. Thanks to all who organized and participated in this enjoyable event and to the sponsors: Interlock, Hotel Grand Pacific, Premiere Verbatim Reporting and Business Practices and Consumer Protection Authority. Hats off as well to the Victoria Bar Association without whose generous donation of $1,000, the Vancouver Bands would still be paddling their way through the Gulf Islands. Stay tuned for the third annual Victoria Battle of the Bar Bands slated to take place next March in a venue yet to be determined.

June 2007 BARTALK

cbabc partners | Membership

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of March and April of 2007:

Articling Students Regular Members James A. Bryce North Saanich

Elise Allan Nixon Wenger LLP Vernon

Amy M.C. Fong Oyen Wiggs Green & Mutala LLP Vancouver

Inderbir Buttar Shergill & Company, Trial Lawyers Surrey

Mark Gallagher Stikeman Elliott LLP Vancouver

Majda Dabaghi Borden Ladner Gervais LLP Vancouver

Dimple Kainth Pacific Law Group Vancouver

Marianna Jasper Lawson Lundell LLP Vancouver

James-Scott Lee Sabatino & Company Vancouver

Jaspreet Kandola Vancouver

Joseph A. Pagé Bull, Housser & Tupper LLP Vancouver Laura Zumpano McCarthy Tétrault LLP Vancouver

Nadia Ali Khan Surrey Nairika Varza Irwin, White & Jennings Vancouver

Law Students Nicola Allen Vancouver Frederick Goh Victoria

New Practice Directive from the Court of Appeal

CLEBC Update NEW EVIDENCE BOOK WILL HELP LITIGATORS HANDLE EVIDENCE WITH CONFIDENCE CLEBC is pleased to announce Introducing Evidence at Trial: A British Columbia Handbook. Available in June, this new publication will help litigators quickly find the law and practical guidance they need to handle evidentiary issues that can arise at any time in a case. Introducing Evidence at Trial: A British Columbia Handbook is a clear, concise, and portable guide on how to effectively introduce evidence in civil and criminal trials, for use both in trial preparation and at the counsel table. Designed in an easy-to-use format, Introducing Evidence at Trial is organized into chapters by type of evidence or evidentiary procedure. Each chapter provides “how to” advice through succinct statements of legal principles and helpful practice tips, including checklists of key considerations, examples, and sample scripts. For further information, check the publications section of CLEBC’s website at www.cle.bc.ca, or contact Customer Service at 604-893-2121 (toll free 1-800-663-0437).

Condensed Books Counsel may prepare in any civil case a Condensed Book, to assist the Court of Appeal during the oral hearing of the appeal. The Condensed Book may contain documents essential to the hearing, including those excerpts from the evidence, exhibits and authorities to be referred to by the party in its argument. It should be indexed in a way that permits the Court to locate the documents referred to in the party’s factum. Counsel shall prepare a sufficient number of copies of the Condensed Book for the division hearing the appeal and for all parties to the appeal. The Condensed Books for the panel shall not be filed in the Registry but handed to the court clerk at the commencement of the appeal. Any extracts of transcripts, affidavits, exhibits or authorities included in a Condensed Book shall include only as much material as is required to understand the context of the key portions of the extract. The covers of the Condensed Book of the appellant shall be buff in colour, those of the respondent green and those of an intervenor shall be yellow.

BARTALK June 2007

GRANTS APPROVED

The Board of Governors of the Law Foundation of B.C. met on March 31, 2007. Chair Warren Wilson, QC is pleased to announce that funding totalling $5,281,146 has been approved. Funding totalling $229,626 was approved for the following 17 Small Projects: $15,000 ALZHEIMER SOCIETY OF B.C. Regional Advocacy Training Workshops ASIAN SOCIETY FOR THE INTERVENTION OF AIDS (ASIA) Indoor Female Sex Workers’ Legal Rights Awareness Project

$9,500 VERNON WOMEN’S TRANSITION HOUSE SOCIETY Vernon Pro Bono Legal Assistance Law Clinic

Funding totalling $4,146,686 was approved for the following 17 continuing programs:

$5,000 GREATER VANCOUVER LAW STUDENTS LEGAL ADVICE SOCIETY File Tracking System Overhaul

$776,490 WEST COAST ENVIRONMENTAL LAW ASSOCIATION Operating Expenses and Environmental Dispute Resolution Fund

Funding totalling $278,664 was approved for the following four Family Innovation Fund Projects: $97,200 LAW COURTS EDUCATION SOCIETY Community Participation in Family Relations Act Review $75,000 WEST COAST LEGAL EDUCATION AND ACTION FUND ASSOCIATION Family Law Project $66,464 B.C. DISPUTE RESOLUTION PRACTICUM SOCIETY Family Mediation Practicum Diversity Bursary Project

$734,950 COMMUNITY LEGAL ASSISTANCE SOCIETY Operating Expenses $333,000 UNIVERSITY OF VICTORIA, FACULTY OF LAW Law Centre Clinical Program $288,640 PEOPLE’S LAW SCHOOL SOCIETY Operating Expenses $283,250 TENANT RESOURCE AND ADVISORY CENTRE SOCIETY Legal Advocacy Program $280,600 B.C. LAW INSTITUTE Operating Expenses

$40,000 B.C. MEDIATION ROSTER SOCIETY IT-Assisted Family Mediation Project

$268,600 B.C. CIVIL LIBERTIES ASSOCIATION Operating Expenses

CAPILANO COLLEGE – INSTITUTE OF PARALEGAL STUDIES IPS 271 – Administrative Law and Advocacy

Funding totalling $419,920 was approved for the following seven Child Welfare Fund Projects:

$257,180 LAW SOCIETY OF B.C. Professional Legal Training Course

DOGWOOD INITIATIVE Aboriginal and Community Response to the Proposed Highway 37 Transmission Line

$96,000 SQUAMISH NATION Squamish Nation ADR Model Project

ELIZABETH FRY SOCIETY OF GREATER VANCOUVER Mothers in Prison. Where are the children?

$88,440 B.C. DISPUTE RESOLUTION PRACTICUM SOCIETY Mediation Training for Aboriginal Communities Project

B.C. CIVIL LIBERTIES ASSOCIATION Citizenship Handbook Reprint and Translation Project

KOOTENAI COMMUNITY CENTRE SOCIETY Creston Advocacy Project ‘NAMGIS FIRST NATION Access to Law Workshop Series NICOLA VALLEY INSTITUTE OF TECHNOLOGY – ABORIGINAL BACHELOR OF SOCIAL WORK PROGRAM Child Protection Law Courses for Aboriginal Social Work Students TANSI FRIENDSHIP CENTRE SOCIETY Understanding Legal Information

$76,000 STO:LO NATION QWI:QWELSTOM FAMILY JUSTICE PROGRAM Year Two of the Child and Family Service Program $70,000 CARRIER SEKANI FAMILY SERVICES Year Two of the Family Transformative Dispute Resolution Practicum Project

WEST COAST PRISON JUSTICE SOCIETY Promotion of Prisoners’ Human Rights Project

$35,000 MÉTIS COMMUNITY SERVICES An Alternative Dispute Resolution Model for Métis and Urban Aboriginal Families

$14,680 NORTH SHORE CRISIS SERVICES SOCIETY Women in Transition: Guide to the Legal System

$34,000 HULITAN SOCIAL SERVICES SOCIETY Dispute Resolution Training Initiative

$14,196 ECOTRUST CANADA Crown Land Referrals Toolkit Upgrade: Phase II Public Announcement

$20,480 NAMGIS FIRST NATION Family Group Conferencing Facilitator’s Training Project

$11,250 WHITE BUFFALO ABORIGINAL HEALTH SOCIETY & RESOURCE CENTRE Legal Education Program

Funding totalling $206,250 was approved for the following Project:

$10,000 CANADIAN COUNCIL OF ADMINISTRATIVE TRIBUNALS International Conference

$206,250 VERNON & DISTRICT WOMEN’S CENTRE SOCIETY Legal Information and Advocacy Program

$167,550 WEST COAST LEGAL EDUCATION AND ACTION FUND ASSOCIATION Operating Expenses $167,250 WEST COAST DOMESTIC WORKERS’ ASSOCIATION Legal Advocacy Program $146,366 NELSON DISTRICT COMMUNITY RESOURCES SOCIETY Legal Advocacy Program $119,060 ISLAND JADE SOCIETY Legal Advocacy Program $91,200 SEPARATION AND DIVORCE RESOURCE CENTRE (VICTORIA) Legal Support Services Program $87,670 MOSAIC Paralegal Advocacy Program and Frontline Advocacy Workers’ Coordination Program $68,750 LAW FOUNDATION GRADUATE FELLOWSHIPS 2007/2008 year $55,530 BATTERED WOMEN’S SUPPORT Services Legal Advocacy Program $20,600 UNIVERSITY OF SASKATCHEWAN Native Law Centre – Legal Studies Program

For full details please visit www.lawfoundationbc.org. June 2007 BARTALK

classified ads

JUNE 2007

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: July 6

$25 $50

display

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

insert (all of B.C.)

CBABC Members/Firms Commercial Organizations Next deadline: July 14 Next mailing: August 3

$450 $900 $810 $1,620

$1,200 $2,400

Services

POSITION AVAILABLE

intellectual property: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca.

Associate lawyer – Busy Oakridge law firm seeking solicitor with 3+ years experience in real estate, leases, and corporate/commercial law. Compensation commensurate with experience. Please e-mail resume to cyong@cllawyers.ca or fax to 604-264-8387.

Eldercare assessment, consulting, care management, seminars. Diamond Geriatrics, Inc. www.diamondgeriatrics.com. 604-874-7764.

OFFICE SPACE AVAILABLE 1040 WEST GEORGIA STREET Beautiful Downtown office in excellent location, available for occasional use and mail pickup, including reception, boardroom, kitchen. Contact Eva Eriksson at eeriksson@telus.net or 604-682-3133.

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

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

604-267-3033

J. G ORDON T HOMSON L

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

CO R P O R A T I O N

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

Practice Restricted to Intellectual Property Law

Vahan A. Ishkanian

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

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

Endorsed by: 390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada

Visit Us Online:

BARTALK June 2007

Lawyer or articling student wanted to join general practice law firm in the City of Camrose, Alberta. Booming college community, ideal place to live and practise. One of four lawyers in firm is retiring, great opportunity for future partnership. Contact Farnham Ziebart West Attn.: Scott Farnham at 780-679-0444, or fax resume to 780-679-0958. All inquires confidential.

Directory 2008 is Coming! uuu www.bccbadirectory.org

WCB & CPP DISABILITY CLAIMS

GOSAL & COMPANY Barristers & Solicitors Over 14 YEARS of Workers’ Compensation Claims & Appeals Experience*

FREE CONSULTATION

604-591-8187 SARJ GOSAL*, B.A., LL.B. GAIL SAHOTA, B.Comm., LL.B. #254, 12899-76th Avenue Surrey, B.C. V3W 1E6 www.gosalandcompany.com info@gosalandcompany.com