BarTalk | June 2009

JUNE 2009

volume 21, number 3

Click for Access

B.C.’s legal community partners to support access to justice innovations

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his past April, Law Week celebrated the 27th anniversary of the Canadian Charter of Rights and Freedoms with CBA sponsored events across the country. Access to justice is the ethos of hundreds of Law Week volunteers in B.C. who strive each year to provide the public with accurate information about the justice system and to familiarize our fellow citizens with legal information sources. The Internet has dramatically revolutionized the way in which people access information. So it is fitting that the B.C. Courthouse Library Society (BCCLS) launched the “Clicklaw” website during this year’s Law Week celebration.

“There are many organizations in B.C. producing legal information and educational materials designed for the public. Clicklaw brings it all together in one place, organizes it from the public’s perspective, and provides easy ways to click through the site to find information,” Johanne Blenkin, Executive Director of the BCCLS explains. “If a member of the public has a legal problem or wants to learn about the law, Clicklaw is a better place to start than googling.”

The simplicity of Clicklaw belies the amazing technology and research behind it. Clicklaw was created as a collaborative project where contributor organizations, who are responsible for their own content, keep adding material to the site. The list of the founding contributors runs the gamut of B.C. institutions committed to educating the public about the law. Blenkin says, “There are 24 organizations

www.cba.org/bc

formally participating in Clicklaw, including the Canadian Bar Association, B.C. Branch. We’re delighted that the CBABC Dial-A-Law scripts can be accessed through Clicklaw, as they provide basic legal information across a broad range of topics.”

For the CBABC, participating in Clicklaw was a natural extension of its ongoing efforts to harness new technologies for the benefit of its members and to promote access to justice for all British Columbians.

Maximizing the advantages of new communication tools is by no means a simple task. The implications go far beyond switching from the page to the screen.

While CBABC is increasingly offering online and teleconferenced learning opportunities, and while our Web Manager is continually enhancing website services (see On the Web on page 9), the Branch also works hard to increase the comfort level of our members and the public with the new technologies.

Clicklaw marks a milestone in that direction and complements Branch efforts to expand public access to its more than 125 Dial-A-Law scripts from the tried and true telephone to the Internet in written and audio formats.

Effectively utilizing the evolving web (see Practice Talk on page 7), for the advancement of the profession and the needs of the public is essential. We encourage you to share your ideas and suggestions with us.

Clicklaw can be accessed at www.clicklaw.bc.ca.

The CBABC website is located at www.cba.org/bc and Dial-A-Law scripts are found at www.dialalaw.org. BT

bar moves

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Bar Moves

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

Charles Pearson

Boughton Law Corporation is pleased to announce that on March 16, 2009 Charles (“Chuck”) Pearson joined Boughton Law Corporation’s Tax Group. Mr. Pearson brings with him more than 25 years of in-depth knowledge of the Canadian tax system, including a stint with the Department of Justice in Ottawa. Mr. Pearson provides tax advice for individuals, as well as Canadian and international companies.

Joining Bull, Housser & Tupper LLP’s Commercial Litigation, Insolvency & Restructuring and Trust, Estate Planning & Estate Administration Groups as an associate is Andrea Frisby. Andrea’s pre-law career focused on training, health and safety regulation and labour relations. She summered with BH&T in 2005, articled with the firm in 2008 and was called to the Bar in August of 2008.

Steven Dvorak recently joined Bull, Housser & Tupper LLP’s Commercial

Andrea Frisby

Litigation and Insolvency & Restructuring Groups as an associate. Prior to joining the firm, Steven practised in the Okanagan region where he established a reputation as a results-oriented and practical commercial litigator.

Steven Tiainen joins Boughton’s Banking and Transportation practice groups. Steven

brings with him extensive experience in all aspects of asset financing and particular expertise in maritime law. Mr Tiainen is licensed to practise in British Columbia and England & Wales. Mr. Tiainen joins us from Lindsay Kenney LLP. Carly K. Chunick was called to the Bar in January 2009 and stayed on to practise aboriginal law with Devlin Gailus as an associate.

Steven Dvorak

Joan Young has joined Lang Michener LLP as Associate Counsel continuing her

practice in employment law, civil and commercial litigation and public law. She is one of B.C.’s most experienced Fairness Advisors on Public-Private Partnerships and continues her work in this field at Lang Michener LLP. Rick Edgar of Edgar & Company has moved and is continuing his labour/employ-

ment and related litigation practice in association with Shona Moore, QC of Moore & Company, with premises at 3rd Floor, 195 Alexander Street Vancouver, B.C. V6A1B8.

Richard Montgomery and David Miles have formed a new partnership in Kelowna, practising in the areas of business law, real estate and wills, trust & estates.

Steven Tiainen

Daniel Sorensen will be joining the Chilliwack office of Waterstone Law Group LLP where he will be practising employment law and general civil litigation.

Jacqueline Sowa has joined Goodwin & Mark in New Westminster as an associate and will practise civil and commercial litigation. Ms Sowa graduated from the University of Alberta Law School and recently completed articles with a Richmond law firm.

Neil Chantler has recently joined the firm Fiorillo Glavin Gordon in South

Granville and will be practising in the areas of labour, employment, administrative and human rights law.

Joan Young 2

BARTALK June 2009

Del Friday is pleased to announce the opening of Friday Law Group. Ms. Friday will continue to focus on corporate/commercial law in the Langley area.

JUNE 2009

FEATURED THIS EDITION

UP FRONT

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

by David J. Bilinsky

Nothing Official

by Tony Wilson

9 On the Web

by Patricia Jordan

10 Sections LEGISLATIVE UPDATE 19

Acts in Force

IN THE BACK

20 22 23 24 25

Upcoming Conferences Calendar | News National News Member Services Membership | Partners

volume 21, number 3

This edition of BarTalk addresses a wide spectrum of subjects from equity and diversity in the legal profession to B.C.’s first woman lawyer to this year’s highly successful province-wide Law Week events. Featured throughout these pages are a number of law-related conferences that may help you to meet your mandatory continuing education reporting requirements at more or less exotic locations.

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Equity and Diversity in the Profession

by Marla Gilsig

Women & The Law Mabel French: British Columbia’s First Woman Lawyer

by Anthony DuMoulin

Choose Your Paper Wisely

by Jonathan Lok

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Commitment to Transparency

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Law Week 2009

by Jay Chalke, QC

Access to Justice: Public Confidence in the Justice System

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Interview with George W. Hungerford, OC, QC

Olympic gold medal winning rower

by George W. Hungerford, OC, QC

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

27 Bar Moves Continued

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Classified Ads

June 2009 BARTALK

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

There COULD BE BLOOD – TONY WILSON (VOL. 21, No. 2)

There will no doubt be lawyers and law firms, Note: BarTalk undertakes every effort to if there aren’t already, publish letters to the editor, subject to who make that sort of space and editorial discretion. Letters to thing work. the editor can also be found in BarTalk Part of making the Online at www.cba.org/bc. model work, though, will involve figuring out how to handle the increasing regulation that the Law Society sees fit (sometimes under pressure from government) to impose on the profession. I particularly have in the mind the new client identification and verification rules, particularly the verification side of things. The verification requirements undermine pretty much all benefits from use of technology achieved since the mid 1980s.

– Donald L. Moir

INC Business Lawyers

Cover Art Competition Winning Entries The first annual BarTalk Cover Art Competition gave Grade 11 and 12 students throughout the Lower Mainland the opportunity to share their opinion about the justice system in British Columbia. The competition encourage youths to learn more about justice in British Columbia while using creativity to share their understanding.

Organized as a part of Law Week 2009, the contest required students to produce cover art that followed the Law Week 2009 theme Public Confidence in the Justice System.

The winner of the competition was Heidi Wu of Little Flower Academy with her piece entitled The Scale.

Ms. Wu received an iPod Shuffle as well as the publication of her portrayal of the Scales of Justice on the CBABC website. This year’s runner up, with her piece entitled Strength of Canadian Justice, was Evanna Chiew. The winning entry is reproduced on the left and and can be seen on the CBABC website at http://www.cba.org/bc/ bartalk_06_10/pdf/bartalk_cover_ art_winner.pdf.

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BARTALK June 2009

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

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch and is available online at www.cba.org/bc.

BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Jineane Payne Julie Rankin Jennifer Weber Editorial Board Chair Dierk Ullrich Editorial Board Members Paul Arvisais James Bond Katharina Byrne Carol Anne Finch-Noyes Nicole Holas Beverly MacLean Jack Micner Pamela Murray Craig Watson Michael Welsh

© Copyright the British Columbia Branch of the Canadian Bar Association 2009.

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 6,400 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

MIRIAM MAISONVILLE

from the president

Volunteerism

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broadening your expertise and any people in the increasing your engagement with practice of law give the profession. freely of their time to the profession Mentoring and not just to the Canadian Bar Through mentoring, you can help Association, the Law Society or a junior member of the profession one of the many pro bono groups. navigate his/her way through uniThey also give to numerous assoversity articles or as a junior practiciations outside our profession that tioner. Much has changed over the help our communities. years, especially technology, but Taking on pro bono cases, particMiriam Maisonville many of the same issues exist. ipating in committee work and helpPresident 2008/2009 ing and mentoring students are just Pro Bono B.C. Branch some examples of legal volunteering.

Helping in this way enables you to Canadian Bar Association Why volunteer? There are give to someone who might never many reasons to give back, to get otherwise have a chance at justice. It allows for someinvolved and to help others. And more often than not one who would not have access to the courts, to have the person volunteering gets as much, if not more, his/her matter determined. out of volunteering than the recipient themselves.

Why is that?

Volunteering INTERNATIONALLY Learning

Volunteering to speak or make writing contributions will give you a wealth of information in the area you are dealing with. This practical knowledge can be used to benefit your practice.

INCREASeD CLIENT BASE

For those starting out and building a practice and/or profile, client base can be increased by volunteering.

Committee Work

Committee work can teach a plethora of things, such as how a good Chair runs a meeting, learning areas of law outside your practice, and how you can help others. There are a multitude of excellent committee opportunities to engage in at both the Branch and National level. Volunteering with committees benefits you by placing you at the forefront of CBA advocacy initiatives while providing you with invaluable networking opportunities.

Besides self-benefit, involving yourself with committees increases your value within your firm by

These opportunities are incredibly rewarding and can only help you grow.

Since 1990, the CBA has delivered legal and justice reform and capacity building projects in 29 countries. The CBA is committed to the values of an independent legal profession, an independent judiciary, the rule of law and the dignity of the individual. It knows that access to justice is essential to all of these values. There are many international volunteer opportunities. The CBA’s International Development Committee is currently seeking legal professionals to become members of our Resource Bank to support the CBA’s international development initiatives.

You can find comprehensive information about the Resource Bank by visiting www.cba.org. BT To Download the 2009/2010 Committee Volunteer Form uuu http://www.cba.org/bc/ About_Us/pdf/committee_volunteer_form.pdf Forms will be accepted until 4:30 p.m. on June 12, 2009.

June 2009 BARTALK

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EXECUTIVE DIRECTOR

CAROLINE NEVIN

From Sea to Sea to Sea

Building nation-wide value for CBA membership

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n Sunday, May 3rd for improved collaboration and and Monday, May organizational effectiveness.

4th, the Canadian Bar • Identify and address curAssociation did somerent impediments to working thing very unusual in the world together. of association management; we • Take an important step in building an internal culture of brought together the entire organicooperation, collaboration and zation’s staff for a two-day Summit mutual respect. of information-sharing, brainAs an example of something storming and relationship-building. practical for members, we intend The Summit was a culmination Caroline Nevin, to provide access to CBA Branch of a year’s preparation and develExecutive Director and National online Continuing opment, involving volunteers from B.C. Branch Professional Development prostaff throughout the organization, Canadian Bar Association grams regardless of where you live and with the enthusiastic support or where the program is being delivered. That’s a of the National Finance Committee and Executive huge value for our members – think about it: 365 Officers at the National and Branch levels. days of access to legal education all across the counWhen the world economy was shaken, we knew try, delivered by experts in the area, and accessed by that this event was going to be even more important. any lawyer, anywhere. At about $55 a month or less We believed it critical to bring all CBA staff together (and yes, we do offer monthly payment plans!), CBA to combine our collective ideas, energy and resources membership gives you great access to Canadian CPD to build the strongest possible value for CBA memat a time when it’s now mandatory in B.C. bership in tough economic times.

On the staff side, we are developing a Staff For many of the 147 attendees, who serve our Extranet, where staff who work in functional areas 38,000 members across this huge country, this was (e.g. Member Services, Membership, Professional the first time meeting others with whom we’ve had Development, Administration) can share best praclong-time email and phone relationships. For some, it tices, ask each other questions, and post resources was the first time meeting any other CBA staff at all.

From the one-person operations in the three territofor everyone to use. There is no greater power than ries, to the 40+ people in the Ontario Branch, this was the sharing of information, and we want to “amp a huge opportunity for all of us to figure out how to up” that power to bring greater value to every single share strengths, ideas and experience, to provide more member, every single day. value to individual CBA members.

The idea behind the Summit was to have each The Summit’s theme was “Staff Without Borders/ participant leave with a clear idea of who we all Personnel Sans Frontières.” Our whole focus was on are, where we are going, and how we can build on how to remove any barriers to building a nationone another’s strengths to deliver exceptional value.

Without question, that objective was fulfilled. I look wide value proposition. The objectives were to: • Deepen understanding of the roles and challengforward to seeing the fruits of the Summit roll out es of CBA staff across the whole organization. over the next 12 months, and I invite you to provide • Enhance relationships between all staff, as a basis your ideas and input at any time. BT 6

BARTALK June 2009

david j. bilinsky

PRACTICE TALK

And Now for Something Completely Different Lawyers find meaning floating on the Tag Cloud...

Hey! You! Get off of my cloud.

Don’t hang around ‘cause two’s a crowd.

In the legal world, Web 2.0 offers the promise of a lawyer practising not a “bricks and mortar” practice but rather virtually – a “clicks Words and music by and mortar” practice. Marketing, M. Jagger & K. Richards distribution, communication, brand identity, core competencies – all are here is an expression: built and maintained online.

“A funny thing hapThe Yellow Pages are replaced pened on the way to

by LinkedIn, Facebook and other the Forum.” Well, social networking sites. Marketing David J. Bilinsky is the Practice despite all attempts to the contrary, takes place via blogs, Twitter Management Advisor for the a funny thing has happened to “tweets” and other online netLSBC. Email: daveb@lsbc.org law: Change. In particular, rapid working. Supply networks are virBlog: www.thoughtfullaw.com change, induced by technology. tual since legal assistants, research The results of this change can and other services all can be contracted out and be viewed either as a threat to the profession as we managed via the web. Work is separated from place know it or they can be viewed as a golden opportusince you can work from wherever you have an nity. The latest wave or change to wash over us can Internet connection. Relationships are fostered and be summarized by the phrase: “Web 2.0.” One way encouraged via Web 2.0 collaboration software such to view the most important themes of Web 2.0 is by as SharePoint. The office also goes paperless since looking at a Web 2.0 invention: the Tag Cloud: all the documentation is now handled electronically.

While there are Most importantly in Canada, Web 2.0 allows any different types, in lawyer to establish a national practice in virtually essence a tag cloud any area of law courtesy of the Interjurisdictional is a visual depiction Practice Protocol. Michael Porter’s work at Harvard of the aggregation Business School on focused differentiation (think of “tags” (or word “niche practice” as a strategic business strategy) is counts) for all webgiven life. The market for any law practice is no sites that reference longer tied to geographic or residential concerns – the phrase in quesdistance becomes largely irrelevant. tion; in our case it Fantasy? Not at all. There are B.C. lawyers who is the phrase: “Web 2.0.” The larger the font of any are pioneers and have established their practices on particular tag, the more often this phrase occurs on the cloud. the Internet related to the reference phrase. (By the For those lawyers willing to ride the updrafts, way, you could generate a similar word cloud for all they may find that they have soared to the stratothe documents in a litigation case – the results may be sphere courtesy of rethinking how they can practise more intuitive than other forms of case preparation. If law. The vistas up that high can be breathtaking. you take it to the next level and tag phrases with issues/ And the early adopters can say to the latecomers – people/dates, the results may be even more surprising). hey you, get off of my cloud! BT

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June 2009 BARTALK

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nothing official

TONY WILSON

Skytrain is Mytrain Two decades of public transit

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ver since I moved to “the There doesn’t seem to be as Mainland,” I have been many “police emergencies” (a a commuter. It takes euphemism for something grimme about 15 minutes to mer) on the Skytrain than on walk from my house in New West Vancouver’s main bridges, where to the Skytrain, and 30 minutes for “police emergencies” can paralyze the Skytrain to roll in to my buildthe city for hours (I was stuck ing in Vancouver. I have taken on Canada Day!). An outbreak of it for almost two decades, and if police emergencies on our bridges I had to, I might argue that by while everyone else in town is hapusing Skytrain to get to and from pily enjoying the Olympics will Tony Wilson practises franchise work every day (thereby reducing immobilize the city more than any and IP law at Boughton in greenhouse gasses in the process), rockslide ever could. Perhaps some Vancouver and has written for the Globe and Mail, Macleans I’ve been a good global citizen, and of that billion dollars earmarked and Canadian Lawyer. should be entitled to trade carbon for security should be diverted to credits under the Kyoto Protocol hiring 1000 more mental health with say, Samoa or the Falkland Islands. counselors, otherwise Vancouver could become an Skytrain allows me to plug in my iPod and listen Olympic sized parking lot in 2010. to some music, do a little work, or write articles like There is a stigma about lawyers taking public tranthis one. And I don’t ever have to fight traffic. I echo sit. Years ago, colleagues at my not-yet-then exploded Churchill when I say Skytrain is the worst public firm were amused that one of the wealthier partners transit system in the world, except for all the othtook the bus each day from his house in Shaughnessy. ers. Sometimes it’s down, but sometimes the Tube’s Twenty-four years later, some of my clients seem just as down in London too. Occasionally, a drunk with an bemused that I would take the Skytrain instead of drivattitude will make the commute similar, though not ing to work in a BMW, Mercedes or other übercar befitidentical, to sitting in the Provincial Court on a bad ting their image of what a lawyer should drive. “Why do day after a full moon. But on the whole, Skytrain is you take Skytrain with all those working people? Don’t you normally filled with busy commuters going about make enough money?” one client asked me, not realizing their daily lives longing for nothing more than an I had a swimming pool and sailboat expenses to mainavailable seat, and a working escalator when they get tain. You have to make choices in life, and I choose the off. Hope springs eternal, I suppose. sailboat, thanks. Besides, I’m a working person too.

Commuting by public transit has medicinal benLots of lawyers yammer away about greenhouse efits that drivers in insulated germ free cars wouldn’t gasses and saving the planet, but many of them still understand. Rather than driving to work like you drive to work even though transit is an efficient alter“bubble” boys and girls, we transit commuters are native, taking less time than even my commute. Law exposed to all sorts of exotic diseases every day (twice a firms that truly believe in environmentally sound day), and have developed an immunity to all of them. practices might score a few more brownie points if When there’s an outbreak of say, the mumps, ebola or they only subsidized transit passes, not parking. mad cow disease, it’ll be a low-grade fever with us but Mind you, if I ever get that convertible Audi TT it’ll knock you drivers out for weeks (or forever). or a navy blue Miata MX-5, Skytrain’s toast. BT 8

BARTALK June 2009

PATRICIA JORDAN

ON THE WEB

Law Student and Young Lawyer Resources

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hat can the can check your record online at any Canadian Bar time, to see if you have completed Association (CBA) your mandatory 10 hours of PD do for you? We plus two hours of ethics/practice can assist in developing your netmanagement requirement. working skills and help you gain In a recent CBA web survey, a professional advantage in your members told us that they would law practice through participation like better online access to inforin Sections and CBA Professional mation. In an effort to provide Development (PD) programs. you with easy access to articles of If you are already a member, interest, we have published links Patricia Jordan is the CBABC you know the CBA is dedicated on Section home pages to extensive Web Manager. She welcomes to helping lawyers do their jobs lists of archived BarTalk articles, your comments, questions better and advocating on their CBA PracticeLink categories and and suggestions.

Tel: 604-646-7861 behalf, as well as to improving the Section Papers that are relevant to Email: pjordan@bccba.org administration of justice and helpyour Section. ing Canadians obtain access to the legal system. If you haven’t joined your professional Did You Know? association, we invite you to visit www.cba.org to dis• Law school students can enjoy all the benefits of cover the many benefits of membership and how you CBA membership for just $20 can be involved in advancing the legal profession and • Articling/Bar admission students pay just $74.34 matters of law in Canada and around the world. to join the CBA Through the work of its Sections, Committees • CBABC articling and law students are eligible to and Task Forces at both the National and Branch receive three free Section enrolments. levels, the CBA is seen as an important and objecVisit the “Law Student and Young Lawyer Retive voice on issues of significance to both the legal sources” page in “Practice Resources” at www.cba.org/bc profession and the public. As a CBA member, you for more information. receive discounts on arts and entertainment, banking Site du Jour services, communications, sporting events and techCBABC REAL Initiative: realbc.org nology services in addition to many other benefits.

The CBA offers exceptional PD programs that The Rural Education and Access to Lawyers (REAL) provide specialized resources and networking opporInitiative is a coordinated set of programs that protunities to advance your career, practice and business. vide the framework for tackling the crisis of access All Law Society members are required to report their to legal services in rural areas and small communiPD hours annually. As a service to members, we ties. It is designed to encourage law students to gain record your attendance at Section meetings and other legal experience and education in non-urban comCBA PD events when you sign-in at the meeting or munities in British Columbia with the expectation register for a CBA PD event. We make it easy for that this exposure will lead to the attraction of new you – when it is time to report to the Law Society, you lawyers to rural/small communities facing a current have a printable record of your PD hours. And you or projected crisis in access to legal services. BT June 2009 BARTALK

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sectionS

Section Update Keep your practice current

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

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

Aboriginal Law – Vancouver and Constitutional/Civil Liberties (Jointly) Meeting: May 4, 2009 Speaker: Mr. Justice Ian

an agreement that each can live with. Following Justice Binnie’s presentation, members in attendance asked questions about a variety of matters.

ADR – Nanaimo and Family Law – Nanaimo (Jointly) Meeting: April 2, 2009 Speaker: Joyce Bradley, QC Topic: Lawyers’ Role as Counsel in Mediation

Binnie, Supreme Court of Canada Mr. Justice Ian Binnie Topic: The Evolution of the Place of Aboriginal Peoples in the Constitution of Canada

Justice Ian Binnie joined the Supreme Court of Canada in 1998 after years in both the public and private sectors. He discussed some of his experiences working on Aboriginal cases including the Calder case in 1972 that began a process of taking Aboriginal rights seriously. The notion of “recognition,” and specifically, the recognition of historical entitlement, began with Calder and carried through the Delgamuukw and Van der Peet decisions. The cultural shift that occurred in Canada as a result of the Constitution Act, 1982 is what led to the more current view of reconciliation and a broader accommodation between aboriginal and nonaboriginal peoples. He referenced the line of cases that facilitate accommodation such as Taku River and Haida Nation where the doctrine of the Honour of the Crown emerged. This notion, broad and flexible in design, is able to put pressure on all sides to form

The Nanaimo Mediation Group and the Nanaimo ADR and Family Law Sections heard Ms. Bradley discuss how successful mediation depends on both lawyers and mediators working as a team. Ms. Bradley who retired from her law practice in 2006 after restricting her practice to mediation activities since 1989 has mentored for the Small Claims Court Mediation Practicum Program, the Family Mediation Practicum Project, CoRe at UBC, and the Child Protection Mediation Program. Her approach is best described as interest-based mediation.

She tries to remain aware of the potential for change, growth and creativity in settlement agreements as part of a satisfactory resolution of legal issues. She listed several ways lawyers can assist in mediation: work with the mediator to design a specific process tailored to the client’s individual needs; prepare and advise the client before, during and after mediation on the issues; and ensure all the relevant information is on the table ahead of time such as accurate lists of assets.

Section Chairs

SPOTLIGHT

Kenneth N. Burnett

Ken Burnett, a senior partner at Miller Thomson LLP, has been a dedicated Chair of the Air and Space Law Section for more than fifteen years. He is past Chair of the Wills and Trusts – Vancouver Section and the national CBA Air and Space Law Section. Mr. Burnett is also actively involved in advising not-for-profit groups and presently is on the B.C. Law Institute Committee recommending changes to the Society Act of B.C. An author and speaker, Mr. Burnett has written: Buying and Selling Aircraft in Canada; Unincorporated Business Associations (Negotiating and Drafting Major Business Agreement) and The Set-up and Maintenance of Charities and Not-For-Profits. Over the years, Mr. Burnett has provided strategic advice on a number of major commercial transactions, including those relating to aviation matters, joint venture agreements, commercial financing, taxation, transportation, and wills and estate planning.

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BARTALK June 2009

Labour Law Meeting: April 27, 2009 SpeakerS: John Kinzie, Allan Black, QC, and Tom Roper, QC Topic: Ethical Issues in the Practice of Labour Law

The role of counsel and adjudicator in dealing with unrepresented parties was addressed by Mr. Kinzie, a well-respected arbitrator and former Chair of the Labour Relations Board. Mr. Kinzie also explained the ethical obligations that arise with respect to the exclusion of witnesses, witnesses under crossexamination and re-examination, as well as the role of arbitrators as mediators. Union counsel, Allan Black, QC, of Black Gropper discussed the importance of honouring solicitor client privilege. He also discussed the obligations of counsel when a witness offers false evidence. He addressed the importance of excluding grievance discussions from evidence at hearings, and he spoke to the importance of identifying the

It’s coming this month!

Check your “inbox.” The 2009-2010 Section Enrolment form will be circulated to all B.C. lawyers in June. Choose from 71 Sections throughout the province. A reminder – attendance at Section meetings in-person, by teleconference or Webinar counts toward your mandatory professional development requirements. CBA membership is a prerequisite to participate.

instructing client clearly and early when starting a new file. Employer counsel, Tom Roper, QC, of Roper Greyell addressed counsel’s ethical obligations with respect to pre-hearing disclosure and explained counsel’s duty to review all of the documents related to a matter (and not just those initially provided by the client), so as to ensure that full disclosure is provided.

Mr. Black added that it is the obligation of counsel to address the demand for disclosure when it is made, and pointed out that late disclosure, or partial disclosure may amount to unprofessional conduct in that such conduct often results in unnecessary adjournments and delay, and represents a failing in counsel’s ethical obligations to ensure the proper functioning of the tribunal. Mr. Roper also spoke about the requirement under the canons and codes of legal ethics to defend the client’s interests within the law and within moral and ethical standards; and about ethical considerations in negotiations. Mr. Roper also spoke to the counsel’s ethical obligations when making legal arguments.

He referred to the Canons of Legal Ethics that require counsel to avoid misrepresenting the law or the facts, and to avoid sharp practice. BT

More Section Info for Members In an effort to improve your access to information online, we have provided links to archived articles of interest in BarTalk and CBA PracticeLink on your Section homepage.

Civil Litigation – Vancouver Meeting: April 8, 2009 Speaker: The Honourable Chief Justice Donald Brenner, Supreme Court of B.C. Topic: Update from the Supreme Court of British Columbia

The Chief Justice provided an update on new initiatives being undertaken by the court as well as issues that are facing the court. Rule 37B had been recently introduced, which expanded the scope of trial judges’ discretion with respect to costs that are continued to be monitored by the Rules Committee. He noted that the number of cases started this year remains constant, at approximately 14,000 but the cases going to trial since 2006 have increased yearly. Increased areas include personal injury (ICBC) and insolvency cases. Chief Justice Brenner commented on the use of expert witnesses where expert opinion isn’t necessary or multiple experts are too partisan. On the topic of electronic discovery, he queried whether we need e-discovery rules in British Columbia but suggested that the B.C. Supreme Court consider issuing a practice directive regarding e-discovery. Due to vacancies on the Supreme Court and the Court of Appeal, along with retirements have bumped trials and long hearings lately. A question and answer session followed Chief Justice Brenner’s presentation.

June 2009 BARTALK

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Guest

Marla Gilsig

Equity and Diversity in the Profession

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he practice of law has Fortuitously, a week later, the its challenges. For me, Western Institute for the Deaf and those challenges have Hard of Hearing (“WIDHH”) been enormous because notified me of my acceptance I am a female lawyer with a severe into the B.C. Government’s hearing disability and no sign lanEquipment and Assistive Devices guage skills. My quest for lawyers – Give Away Program (“EADwho are hard of hearing to have GAP”). WIDHH’s Henry Lam, auditory access to our profession Registered Audiologist, used my has made me a pioneer in the field. one-time grant to purchase a new Real-time reporting is an easy way FM receiver microphone for me.

Marla Gilsig to access oral communication but it Then, Mr. Lam coached me on Barrister and Solicitor is expensive. Consequently, I prohow to connect my FM receiver vide my own accommodation, an microphone to the room’s audio FM system, which enables me to hear spoken words at amplification equipment. The research shows that meetings and court proceedings. My FM system conthere is limited use of FM systems in the adult popusists of two hearing aids, a remote and an FM receiver lation because of the considerable coaching required microphone. I place my FM receiver microphone near to use such apparatus. the person talking and it transmits his or her voice At CBABC’s Provincial Council meeting on wirelessly to the FM receiver in my hearing aids.

March 7, 2009, the sound technician connected my FM This blocks out all background sounds and reduces receiver microphone to the meeting’s audio amplificathe distance that sounds must travel to my ear, which tion equipment. Using my FM system in this manner provides me with much better speech understandabilgreatly increased the speech intelligibility of all the ity. Manufactured by Phonak of Switzerland, it costs voices for me. I could hear the words spoken whether $8,000 and lasts about five years. the individual used the podium microphone or one of About three times per year I attend CBABC’s the other four microphones. The experience was even Provincial Council meetings in my capacity as Chair more memorable because one of the speakers was the of the General Practice, Solo and Small Firm Section late Honourable Judge Stansfield, then Chief Judge of for the Lower Mainland. About 150 lawyers attend the Provincial Court of B.C. these meetings, which take place in a conference On May 5, 2009, I appeared in the Provincial room in the Delta Hotel in Richmond. Before the Court of B.C. in North Vancouver and arranged to meeting begins, I place my FM receiver microphone have the court clerk connect my FM receiver microon the podium next to the room’s microphone. This phone to the courtroom’s audio amplification system. I allows me to hear the lawyers who speak into the could hear the judge and the participants much better podium microphone but not the lawyers who speak provided they spoke directly into the microphone. into the other four microphones located throughI am grateful to CBABC, WIDHH, the B.C. out the room. Recently, CBABC’s sound technician Government and the Provincial Court for working advised me that for optimum hearing I should conwith me to achieve this milestone. We have improved nect my FM receiver microphone to the room’s audio access to the legal profession and added value to my amplification equipment.

CBA membership. BT 12

BARTALK June 2009

Anthony DuMoulin

GUEST

Women & The Law

Mabel French: British Columbia’s First Woman Lawyer

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would like to pass on a bit of B.C.’s legal history from 1911: the story of the determined fight of Mabel Penery French to gain the right, as a woman, to practise law in this province.

The following is excerpted from the book, Russell & DuMoulin, The First Century, 1889-1989, by Christine Mullins and Arthur E. Harvey, a copy of which I inherited from my late father, Theo DuMoulin. The book is a history of the Vancouver law firm Russell & DuMoulin (now Fasken Martineau DuMoulin LLP), and its predecessors, including the firm of Mabel French’s time, Russell, Russell & Hannington.

In the first decade of the 20th century, the British Columbia Bar was an entirely male preserve. This comfortable situation was upset in 1911 by a young woman, a friend of the Russell family from New Brunswick: Miss Mabel Penery French. Miss French, an only child, was born in 1881 in Saint John, New Brunswick, and graduated from the University of King’s College, Windsor, Nova Scotia, in 1902.

Uncertain as to whether she should become a lawyer or a doctor, she managed to get a footing in a law office by learning shorthand, and became proficient in reporting trials. After a few months with the law firm, she entered King’s College Law School in Saint John, and secured a Bachelor of Civil Law degree in June 1905, the first woman to do so.

Joe Russell, among others, supported her 1906 application for admission to the profession in her home province, but the New Brunswick Benchers could not determine if she qualified as “a person” under the Legal Professions Act. Appealing to the Supreme Court of New Brunswick for a judgment, the court decided she was not.

Miss French was not to be denied. She purposely abstained from paying a number of bills. When the lawsuits came, she met them with the novel defence that, as she was not a person, she could not be sued for debt. The defence failed, but she accomplished her purpose of making one court effect a reductio ad absurdum of another’s judgment. This, and the storm of protest that had followed the Supreme Court’s

judgment, forced the province’s hand. In 1907, the legislature passed an amendment allowing qualified women to be called to the Bar. In 1910, Miss French decided she preferred a career in Vancouver. She found a place in the Russell firm and, in May 1911, wrote to the British Columbia Law Society requesting permission to write the exams for call and admission that June. The Law Society, which had not yet formally considered the question of allowing “a modern Blackstone in petticoats” to enter the profession, simply failed to reply.

Fearing for her chances in the June exams, Miss French sent a telegram to the Law Society: “Am I to understand that you refuse to accept my application for admission and call and to write at approaching examinations? Please wire directly at my expense, without delay.” In a letter, she expressed her surprise that the Law Society had not submitted her papers to the credentials committee as was its duty. Only in July, after an interview by the Benchers and a submission by Bob Hannington, was she told that it was the opinion of the Benchers that they had no power under the Legal Professions Act to admit ladies to the practice of law in this province....

The Benchers had not counted on the determination of Miss French, nor of Russell, Russell & Hannington, who stood solidly behind her. Filing mandamus proceedings, Joe Russell hoped that the Law Society would, as had its New Brunswick counterpart, absorb the cost of the legal undertakings— but the request was refused. The firm paid for the proceedings, losing in the lower court. Undeterred, French and Joe Russell took the case to the Court of Appeal, where the Benchers of the Law Society engaged L. G. McPhillips on their behalf. The case, in the Benchers’ opinion, was “apparently taken more out of a spirit of advertising rather than with any hope of success,” and would not “be a long affair.”

This article was first published in The Scrivener Magazine (Winter 2000 Volume 9 Number 4). To read the full article go to uuu www.cba.org/bc/ bartalk_06_10/06_09/guest_dumoulin.aspx.

June 2009 BARTALK

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Guest

Jonathan Lok

Choose Your Paper Wisely

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recent issue of BarTalk Although the three standards have spoke about the virtues of similarities and differences, all the Forest Stewardship programs are endorsed by variCouncil (FSC) certifious governmental, environment cation. The Association of B.C. Forest and industry groups. CSA and SFI Professionals wanted members of the are endorsed by the Programme Bar Association to know that there for Endorsement of Forest Certare three major sustainable forest ification (PEFC), the largest forest certification schemes in Canada and certification program in the world. each has labeling programs used in FSC has support from various verifying the origin of the raw mateenvironmental non-governmental Jonathan Lok, RFT, ABCFP rials included in forest based products, organizations such as the World President such as paper.

Wildlife Fund and Greenpeace.

In recent years, there has been a focus on the All three standards were developed by not-forenvironment and socially responsible management of profit organizations and require applicants to be the earth’s resources. Many people are looking more audited by third-party registrars to confirm adherclosely at the origins of goods that they’ve blindly ence to the applicable standard. These audits conconsumed in the past. Wood products, notably paper, firm the applicants’ commitment to the protection fall into this category. In the past, it may have been and maintenance of forest, soil and water resources, difficult for consumers to determine if the paper they wildlife, biodiversity and reforestation of harvested were using was produced from fibre sourced from lands. Public disclosure and the rights and interests lands that were managed in an environmentally and of Aboriginal peoples are important aspects. socially responsible manner. Forest management There are several ways to determine if you are certification standards and their associated chains of purchasing certified paper and other wood products: • Look for PEFC, FSC and SFI logos and marks custody can help. on products you currently use.

In Canada, 84 per cent of working forests are • Search for the terms CSA, PEFC, FSC and certified through one of three forest management SFI on the websites of major retailers who sell certification standards. These standards equally paper products. seek to ensure responsible and sustainable forest • View lists of known suppliers on www.csamanagement and include the Canadian Standards international.org, www.fsccanada.org or www.

Association (CSA), Forest Stewardship Council sfiprogram.org.

(FSC) and Sustainable Forestry Initiative (SFI). Of The CSA, FSC, and SFI have nuances that the nearly 146 million hectares of certified forests differentiate them from one another, yet all have in Canada as of December 2008, 57 per cent are the overarching goal to identify and recognize certified to the CSA standard while 19 per cent forest products sourced in a sustainable manner. and 27 per cent are certified by FSC and SFI Using certified products shows that you care standards, respectively. about sustaining Canada’s natural resources Forest management certification is a voluntary and enhancing the level social responsibility of way for organizations and landowners to illustrate your organization. BT their commitment to responsible forest management.

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BARTALK June 2009

Jay Chalke, QC

Guest

Commitment to Transparency

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lmost a decade ago, Every year the PGT includes a the first phase of adult performance statement on whether guardianship law the performance targets established reform came into force some 18 months earlier were met. in B.C. The new guardianship Did we do what we said we were statutes received a lot of attention in going to do? That performance the legal community and beyond. report is then audited – a unique Far less noticed was the comobligation in B.C. law. ing into force at the same time of This requirement of an audita new corporate statute for the ed performance statement repreorganization formerly known as sented a huge challenge to us – we Jay Chalke, QC the Public Trustee. The Public were unfamiliar with such a high Public Guardian and Trustee Guardian and Trustee Act (PGT Act) level of scrutiny. It was daunting of British Columbia contained new, substantive inveswww.trustee.bc.ca to know that the PGT’s failures, as mail@trustee.bc.ca tigatory powers to protect vulnerwell as its successes, would be out able British Columbians. But there there for all to see. was another important innovation in that Act – a However, it was the perfect opportunity to change not about what but rather about how. transform our corporate culture. We sought to live Part 3 of the PGT Act established a new scheme the spirit of the law by providing a lot of informaof accountability for the Public Guardian and Trustee tion about our strengths and weaknesses as well as (PGT). Stimulated by this statutory change, the a scorecard on our achievements. In 2007/08, for PGT has sought to transform from an organization example, our performance report comprised some perceived as secretive and inaccessible, to one that 50 pages, detailing how we did on 23 performance invites scrutiny, input and review. The legislation targets. In case you’re keeping score, we reached requires the PGT to adopt transparent planning and 21 of those targets – many targets are related to the reporting practices that are among the most stringent legal community. of any public body in B.C. Annually, the PGT This openness, while intimidating at first, has develops service delivery plans that contain objecboosted our organization’s confidence in the services tives, activities, performance targets and financial we deliver, sharpened our thinking about what we forecasts. The plan is subject to the approval of the seek to achieve on behalf of clients and ensured that Attorney General and Treasury Board. we remain focused on our objectives.

So that’s planning – what about reporting?

Could we be more transparent? Absolutely.

The PGT must deliver an annual report to the That’s where you come in. We need to hear from Attorney General that details performance for the you about whether our annual reporting helps you previous year. The report is tabled in the Legislature, serve your clients. The next time you read our posted on the PGT’s website, and contains three annual report, take a minute to give us your honest audited statements: operations, trust administration opinion. Send your feedback to mail@trustee.bc.ca. and performance.

It is only by hearing from lawyers that we The third audited statement – the performance can make our reporting more useful to the audit – is the high water mark for transparency. legal community. BT June 2009 BARTALK

15

LAW WEEK PHOTOS, SPONSOR AND PARTNER RECOGNITION

Law Week 2009

Access to Justice: Public Confidence in the Justice System

Fort St. John, Kamloops and Kelowna Open House

The 3rd annual Law Day events in Fort St. John were a great success! Left photo: One notable event was the mock trial of Goldilocks presented by students from Ambrose Elementary School. Not only did the event draw a crowd but it provided the class with an excellent introduction to the criminal justice system. Middle: Kamloops mock trial. Right: Kelowna Open House.

Nanaimo Mock Trial

Among other events, free law seminars and a question and answer period with a Supreme Court Judge, Nanaimo Law Day was as an excellent opportunity for the public to learn about the justice system in Canada. The mock trial, Regina v. The Big Bad Wolf, and free tours of the courthouse served to make it a fun day for the whole family!

Vancouver Open House

In Vancouver, Law Day is accompanied by a week of activities including the Barry Sullivan Law Cup Public Speaking Contest and a 5km Fun Run. The Law Day events at the Vancouver Public Library included free law classes, displays from a variety of legal organizations and the highly entertaining mock trial Regina v.

Frankenstein. It concluded with a very successful free public forum on Public Confidence in the Justice System.

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BARTALK June 2009

Fun Run and Barry Sullivan Law Cup Public Speaking Contest

Left and middle: More than 100 legal professionals and their friends and family participated in the 2009 5km Fun Run at Locarno Beach Park in Vancouver. The winning “Fastest Large Legal Organization” for the second year in a row was Fasken Martineau DuMoulin LLP. The “Fastest Small Legal Organization” was Edwards, Kenny & Bray LLP. The “Fastest Male and Female” honours went to Robert Durrant of Richards Buell Sutton LLP and Kristi Zychowka of Owen Wiggs Green & Mutala LLP. Proceeds from the Fun Run benefit Law Week and the Greater Vancouver Food Bank. Right: On April 16th, students in Grades 10-12 from across the province gathered at the Vancouver Art Gallery to speak on the theme Public Confidence in the Justice System at the 2009 Barry Sullivan Law Cup Public Speaking Contest. With more than 20 participants, the competition was tough and all students did an excellent job. The winner of the competition and a scholarship was Anna Prokofieva of Sir Winston Churchill Secondary.

B.C. Law Week events took place with great success in Cowichan Valley, Fort St. John, Kamloops, Kelowna, Nanaimo, New Westminster, Terrace, Tri-Cities, Vancouver and Victoria. The 2009 theme, Access to Justice: Public Confidence in the Justice System, garnered a great deal of attention from the public and the media.

It was another successful year for Dial-A-Lawyer Day which was held on Saturday, April 25, 2009 from 10:00 a.m. to 2:00 p.m. There were 29 lawyers who volunteered to provide up to 15 minutes of free legal information assisting 185 people in five different areas of law – family, tort/MVA, immigration, criminal, and wills and estates. S.U.C.C.E.S.S and the Association Juridique Francaise participated in Dial-A-Lawyer Day. Law Week gives the public an opportunity to learn more about the justice system in Canada through informative and entertaining events for all ages. Law Week would not be possible without the hard work and determination of our volunteers and partner organizations. For more information on all of the events that took place across the province please visit www.bclawweek.org.

www.bclawweek.org Law Week Sponsors & Partners We would like to thank THE MAIN sponsors of this year’s Law Week events:

In addition, we would also like to thank the many lawyers and others for volunteering their valuable time to make these events a huge success.

June 2009 BARTALK

17

Guest

George W. Hungerford, OC, QC

Interview with George W. Hungerford, OC, QC Olympic gold medal winning rower

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anada’s only gold medal The two young men performed at the 1964 Olympic extremely well in their short time Summer Games! Topracticing together and joined gether with rowing Canada’s Olympic team as alternates. partner Roger Jackson, George Without a shell, until they borrowed Hungerford’s victory in the coxone from the Americans, they set less pairs event was an incredible themselves the ambitious goal of feat of perseverance in the face of reaching the pairs finals. Hungerford adversity. Hungerford attributes his and Jackson emerged with the fastest exceptional athletic achievements to time from their qualifying leg even mental toughness, physical fitness though it was the first race as a pair.

Competed in 1964 Summer and the ability to think clearly dur“Roger and I both had a lot Olympics (Tokyo) ing times of stress; traits that have of experience. The problem is it Sport: Rowing (pairs) Result: Gold Medal also been key to his distinguished sometimes takes years for a pair Called to B.C. Bar, 1969 career in law. Called to the Bar in to gel and to find that harmony Practice area: Corporate and 1969 and practising as a corporate because really good pairs have to Business Law and business lawyer, Hungerford’s develop a telepathic way of comCurrent affiliation: George W. incredible strength of will is almost municating… we were able to put Hungerford Law Corporation legend among his colleagues. it together in three weeks.”

In 1963, Hungerford was sucLanding at the top of the qualcessful in securing a place on the ifying heats got them straight to University of British Columbia’s the gold medal round and providmen’s eights, a team that was ed Hungerford with some muchregarded as Canada’s best hope for needed rest. All Canadian rowing Olympic rowing gold. Just three hopes rested on this “unknown months before the opening ceremodark horse pair” as no other ny, he fell ill with mononucleosis Canadian rower making it past the and was forced to give up his place qualifying stage. Against the odds, on the team. Hungerford was replaced on the men’s Hungerford and Jackson took the gold medal and eight by Wayne Petty who in turn left Roger Jackson earned their place in Canadian sporting history. without a partner in the pairs event. While still recovWhen asked about the link between his success ering from his illness, the opportunity to train with in athletics and the practice of law, Hungerford says, Jackson gave Hungerford new hope of competing “Mental toughness is the ability to perform consistently in Tokyo – if only the two men could demonstrate at high levels through all times and all challenges of Olympic calibre with just six weeks of training under personal and professional pressure. I came out of it volunteer coach David E. Gillanders, QC. It was an (the Olympic experience) with a lot more self-belief. I outside chance with Hungerford being in poor health approach life and career with the same kind of mental and never having rowed a race in the men’s pairs. But toughness I required for success at the Olympics.” being “young with a dream,” he was not about to pass To hear the complete George Hungerford interup a potentially life changing opportunity. view please visit www.cba.org/bc website. BT

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BARTALK June 2009

ACTS IN FORCE

LEGISLATIVE UPDATE

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

CURRENT FROM February 25 to May 5, 2009 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc.

Section 15(a) is in force March 6, 2009. Sections 8(a) and (c), 14, 15(b), 17 to 27, 30 to 32 and 36 are in force June 15, 2009

acts in force ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33) Section 47 is in force March 6, 2009 BUDGET MEASURES IMPLEMENTATION ACT, 2008, S.B.C. 2008, C. 10 (BILL 2) Sections 80 and 82 are in force March 31, 2009 BUSINESS PRACTICES AND CONSUMER PROTECTION (PAYDAY LOANS) AMENDMENT ACT, 2007, S.B.C. 2007, C. 35 (BILL 27) Act, other than sections 112.12 to 112.15 as enacted by section 4 and section 189(4)(f.6) of the Business Practices and Consumer Protection Act as enacted by section 8, is in force November 1, 2009 E-HEALTH (PERSONAL HEALTH INFORMATION ACCESS AND PROTECTION OF PRIVACY) ACT, S.B.C. 2008, C. 38 (BILL 24) Section 30 is in force June 30, 2009 ENVIRONMENTAL (SPECIES AND PUBLIC PROTECTION) STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 33 (BILL 29) Sections 6, 8(b) and 9 are in force March 6, 2009.

FINAL AGREEMENT CONSEQUENTIAL AMENDMENT ACT, 2007, S.B.C. 2007, C. 36 (BILL 41) Sections 1 to 64, 65, 66 to 69, 71 to 81, 88 to 90, 92 to 96, 97, 98, 99, 100 to 104, 105 to 120, 121 to 125, 127 to 155, 156 to 163, 164.1 to 178.3 and 179 to 182 are in force April 3, 2009 FOREST AND RANGE STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C.18 (BILL 18) Sections 1, 4, 13(b) 17, 26, 42, 49, and 51 and section 66(a) insofar as it enacts paragraphs (a.1), (a.2) and (b.2) of section 151(2) of the Forest Act are in force March 6, 2009 FOREST AND RANGE STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 4 (BILL 8) Sections 33 and 35 are in force March 6, 2009 GREENHOUSE GAS REDUCTION (EMISSIONS STANDARDS) STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 20 (BILL 31) Sections 14 and 23 are in force March 6, 2009 HEALTH STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 34 (BILL 26) Section 11 is in force March 2, 2009

Chief Judge Hugh Stansfield Blood Drive 2009

MAA-NULTH FIRST NATIONS FINAL AGREEMENT ACT, S.B.C. 2007, C. 43 (BILL 45) Sections 19 to 30 are in force April 3, 2009 MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2008, S.B.C. 2008, C. 42 (BILL 43) Sections 73(b) to (d), 75, 76 and 85(a)(ii) are in force May 1, 2009 MOTOR VEHICLE (BANNING SMOKING WHEN CHILDREN PRESENT) AMENDMENT ACT, 2008, S.B.C. 2008, C. 22 (BILL 36) Act is in force April 7, 2009 PROTECTED AREAS OF BRITISH COLUMBIA (CONSERVANCIES AND PARKS) AMENDMENT ACT, 2008, S.B.C. 2008, C. 26 (BILL 38) Section 9(a) insofar as it establishes the Broughton Archipelago Conservancy, Burdwood Group Conservancy and Polkinghorne Islands Conservancy is in force March 13, 2009. Section 10 is in force March 6, 2009 PUBLIC HEALTH ACT, S.B.C. 2008, C. 28 (BILL 23) Act, except section 128(b) and (c) is in force March 31, 2009 TRADE, INVESTMENT AND LABOUR MOBILITY AGREEMENT IMPLEMENTATION ACT, S.B.C. 2008, C. 39 (BILL 32) Sections 7 to 24, 30 to 34 and 71 to 75 are in force March 30, 2009 TREATY FIRST NATION TAXATION ACT, S.B.C. 2007, C. 38 (BILL 42) Sections 3 to 8 are in force April 3, 2009

In Honour of Chief Judge Hugh C. Stansfield, the Department of Justice and Lawson Lundell LLP hereby issue the following CHALLENGE to all law firms in this fine province:

TSAWWASSEN FIRST NATION FINAL AGREEMENT ACT, S.B.C. 2007, C. 39 (BILL 40) Sections 1 to 3, 5 to 9, 11 to 16 and 18 to 20 are in force April 3, 2009

Donate Blood and Save Lives!

WORKERS COMPENSATION AMENDMENT ACT, 2009, S.B.C. 2009, C. 7 (BILL 8) Act is in force March 18, 2009 June 2009 BARTALK

19

UPCOMING CONFERENCES

Criminal Lawyers Gather in Victoria for a Conference on Evidence B.C.’s criminal lawyers are invited to attend the 2009 National Criminal Law Program July 6-10, 2009 in beautiful Victoria.

This year’s program, presented by the Federation of Law Societies of British Columbia, offers comprehensive coverage of the Law of Evidence. Topics include:

• • • • •

Rules of Evidence Similar Act Evidence Special Evidentiary Rules The Identification of Hearsay Statement-Taking

• • • •

Hearsay Privilege Against Self-Incrimination Lectures on Ethics Exclusion of Evidence in Violation of the Charter

Presenters represent legal professions from across Canada and include viewpoints from the Crown, defence and judiciary. They will provide up-to-date information on the latest evidentiary rules and topics.

The Law Society of British Columbia has approved this program for 20.5 hours of credit toward a practising lawyer’s Continuing Professional Development.

For more information, visit the Federation of Law Societies’ website uuu http://www.flsc.ca/en/lawSocieties/criminalLaw.asp

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BARTALK June 2009

UPCOMING CONFERENCES

Annual Practice Declarations The Law Society of B.C. requires each member to complete an annual Practice Declaration because:

• By filling out the forms, the

2009 CBABC Fall Conference CBA in LA November 20-22, 2009 Don’t be disappointed – make a deposit to secure your attendance at the Conference.

Join other CBABC members from across British Columbia in Los Angeles, California at this year’s Fall Conference. Mingle with members of the Bench, chat with colleagues and pick up some tips on improving your practice in the relaxed surroundings of Los Angeles. Be sure to look for the enclosed brochure for the conference agenda, speaker list and registration details in this issue of BarTalk.

You can pay a deposit of $200 now and pay the additional balance of the Early Bird Registration fee of $695 (total of $895) by September 30, 2009. By paying the deposit, you will ensure that you do not miss out on this limited registration event.

For details on how to register with a $200 deposit, call Jennifer Weber at the CBABC office at 604-687-3404 and register today!

•

Society can ensure lawyers are properly reporting information as required by Society Rules.

The Society gathers statistical information relating to a lawyer’s practice in order to track trends. From these statistics, the Law Society is better able to develop targeted programs.

There are two different Declarations, depending on your practice. A lawyer who works for a government department, a corporation other than a law firm, a society or trade union is required to fill out the Declaration for InsuranceExempt Lawyers. Those in private practice are required to fill out the Schedule 2 Individual Lawyer’s Practice Declaration (which is now attached to the Trust Report).

Lawyers who fail to complete the declaration will not be issued a practicing certificate.

Filing deadlines vary, and the Society will send out notifications to individual lawyers as the deadline approaches. The Declarations take only a few minutes to complete, and can be accessed online at www.lsbc.org under Member Services.

June 2009 BARTALK

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CALENDAR | NEWS

(see cba.org/bc for details)

Branch and Bar Calendar

June - July 2009 June 5

Vancouver Bar Association Event: Devil’s Advocate III (The Vancouver Art Gallery)

June 10 & 24

Lawyers Assistance Program: Boundaries for Lawyers

June 12

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

June 15

Provincial Court of B.C. Welcoming Ceremony

June 15

Lawyers Assistance Program Workshop: Women’s Success Group

June 15

Understanding and Managing High Conflict Personalities in Legal Disputes (Ambrosia Conference Centre, Victoria)

June 17

Joint Criminal Justice – Vancouver Section and PD Event

June 18

CBABC/VBA 13th Annual Golf Tournament (University Golf Club)

June 19

Lawyers Assistance Program 9th Annual Gratitude Lunch (Law Courts Inn Restaurant, Vancouver)

June 20

CBABC Provincial Council (Delta Airport Hotel, Richmond)

June 25

Second Annual Work Life Balance Award

June 25-26

Sixth Annual North American South Asian Bar Association Convention (Hyatt Regency, Vancouver)

July 6 & 20

Lawyers Assistance Program Workshop: Women’s Success Group

July 8

Lawyers Assistance Program: Boundaries for Lawyers

July 9

New Westminster Bar Association and Fraser Valley Bar Association Golf Tournament (Guildford Golf & Country Club, Surrey)

Honourable Hugh Campbell Stansfield The Honourable Hugh C. Stansfield, Chief Judge of the Provincial Court of British Columbia, died May 7, 2009 at age 56, having lived a life richly blessed by family, friends and professional opportunity. Thirty three years of marriage with Jo-Ann provided the structure, fun and purpose of family, from which sprung Hugh’s greatest joy and pride in life, his four beloved sons: Colin (Connie), David, Patrick (Cara), and Matthew.

After UBC Law, Hugh practised law in Vancouver for 13 years until being appointed a judge of the Provincial Court in 1993. Hugh loved judging, and never lost sight of what a privilege it is to serve the public in that role. He served the court in many different capacities, including Associate Chief Judge 1997-2001. Hugh particularly valued his relationship with the National Judicial Institute, and enjoyed offering leadership in continuing judicial education. But his passion was his strongly-held belief in the need for substantial systemic reform to the justice system; his belief that the public deserves more meaningful access to justice emphasizing simple, practical problem-solving and community engagement. Hugh was a pioneer in Canada in opening the court to the media, and providing opportunities for public concerns to be heard. In July 2005, Hugh was appointed Chief Judge of the Provincial Court, an opportunity for which he was very grateful, hoping he might have some small influence in promoting a new vision for justice for British Columbians. Special thanks to Dr. Cindy Toze and Dr. Clay Smith, and all the medical and nursing staff of the VGH Leukemia/Bone marrow transplant team, whose care has been remarkable.

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BARTALK June 2009

NATIONAL NEWS

Practice Tips A recession coping guide for Canadian law firms The legal profession is feeling the effects of the economic downturn, but there are steps you can take to lessen the impact.

From renegotiating what you pay for office supplies to revaluating compensation, check out the top 10 tips for survival, including a checklist for your firm.

Also this month on CBA PracticeLink:

• Discover, and Market, Your Niche Law Practice

• Where Do You Rank?

•

Client-Based Lawyer Rating Websites Ask the Coach: Increase the ROI of Your Marketing Efforts

All this and much more uuu www.cba.org/ practicelink

Model E-Discovery Documents The Ontario E-Discovery Implementation Committee has released eight model e-discovery precedents, as well as additional documents providing guidance on e-discovery best practices.

Model documents uuu http://oba.org/en/ publicaffairs_en/e-discovery/ model_precendents.aspx

Advocacy CBA President meets Minister of Justice

CBA President Guy Joubert met with federal Justice Minister Rob Nicholson on April 29 to discuss a range of issues of mutual concern.

Joining the CBA President were Jennifer Babe, Past Chair, National Business Law Section and David Fraser, Vice Chair, National Privacy and Access Law Section.

Jennifer Babe informed the Minister of continuing problems with s. 347 of the Criminal Code. Intended to fight loan-sharking, the criminal interest rate provisions are used more often to thwart legitimate business contracts. David Fraser presented the CBA’s views on the need to reform the Privacy Act, to better protect Canadians’ privacy in the electronic age.

Amendments to Access to Information Act

The CBA expressed its support for proposed changes to the Access to Information Act (ATIA) as the most important vehicle for citizens’ access to government records. The CBA urged the government to consider reinstating or even expanding a central tracking system for access requests.

“There is a compelling public interest in knowing that the ATIA is as effective and efficient as possible in meeting the needs of the public,” says the CBA’s submission.

David Fraser and Priscilla Platt of the National Privacy and Access to Information Law Section presented the submission to the federal government on May 6.

Submission uuu www.cba.org/CBA/submissions/pdf/09-25-eng.pdf Deterioration of rule of law in Fiji

The CBA has called on the government of Canada to publicly denounce and take immediate steps to address the rapid deterioration of the rule of law in Fiji, where the constitution has been suspended, members of the judiciary have been dismissed, and the military has taken control.

In a letter to Foreign Affairs Minister Lawrence Cannon on April 16, the CBA expressed its support for the April 13, 2009 statement of the Commonwealth Lawyers Association that calls on the rulers of Fiji to immediately reinstate the constitution. Since that date, Fiji’s rulers have further undermined democracy and the rule of law.

Letter to Foreign Affairs Minister Lawrence Cannon uuu www.cba.org/CBA/submissions/pdf/09-21-eng.pdf Statement of the Commonwealth Lawyers Association uuu www.cba.org/CBA/submissions/pdf/cla_statement.pdf

Continuing Legal Education

Aboriginal Law Conference June 12 - 13, 2009 in Victoria uuu www.cba.org/CBA/CLE/ main/Aboriginal_Law_09.aspx

Elder Law Conference June 12-13, 2009 in Kingston, Ont. uuu www.cba.org/CBA/CLE/ main/Elder_Law_09.aspx June 2009 BARTALK

23

member services

Every issue of BarTalk highlights regular discounts available to members from a range of national and regional preferred suppliers.

Seasonal promotions and special offers to members are circulated weekly via CBABC News & Jobs. Don’t miss any promotion by subscribing to the member services e-bulletin: email members@bccba.org or fill in and fax the sign-up box below to: 1-877-6699601 (toll-free) • 604-669-9601 (Lower Mainland).

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

PNE Playland Returns As of March 30, regular Playpasses (must be more than 48 inches tall) can be purchased at the special discounted CBA rate of $19.05 before taxes.

Compared to the gate price of $26.95, that’s a 36 per cent saving. TECH TIP: Select Youth on the Member Savings page.

Need to Get in Shape for the Summer?

There is still time to get that beach body you have always wanted. Take charge of your personal health and wellness and make the commitment. The downtown YWCA offers CBA members and their partner/spouse a competitive workplace/wellness package beginning at $51.50/month (after one-time joining fee). Now is the time to take advantage of your member discounts. TECH TIP: Select Health and Wellness on the Member Savings page.

Summer Adventures Great Sight Seeing and Adventure Savings! Sun Peaks: 15 per cent discount on Sight Seeing Lift Passes, SilverStar: 15 per cent discount on Scenic Chairlift Rides and PaintBall, Whistler Blackcomb: Discounts on PEAK 2 PEAK Alpine Experience at 436 m or 1400 ft above the valley floor, the PEAK 2 PEAK is the highest lift of its kind.

It also boasts the longest unsupported span at 3.024 km (1.879 mi), and when combined with the Whistler Village Gondola and Solar Coaster and Wizard Express on Blackcomb the PEAK 2 PEAK Gondola completes the longest continuous lift system in the world).

Bike Park Savings – Whistler Blackcomb: Discounted tickets valid June 20-Oct 12, Sun Peaks: 15 per cent discount, SilverStar: 15 per cent discount. TECH TIP: Select Alpine Resorts on the Member Savings page.

Vancouver White Caps – Season Just Getting Started!

Last year’s USL First Division Champions are back and now is your chance to come out and show your local support! Member discounts are more than 20 per cent off of regularly priced tickets. TECH TIP: Select Sports on the Member Savings page.

Live Entertainment Upcoming Summer Events include LES MISERABLES: Marius and ALTAR BOYZ: Apostle. Don’t miss your chance to get tickets now for upcoming fall events! As a CBA member, you will receive a discount of up to 20 per cent at the Stanley Theatre and Granville Island Stage. TECH TIP: Select Arts and Entertainment on the Member Savings page.

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BARTALK June 2009

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

the latest CBABC promotions.

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

GRANTS APPROVED

110,000 POVNET SOCIETY PovNet Program 91,200 B.C. FAMILIES IN TRANSITION Legal Support Services Program

Outlined below is a list of grants adjudicated at the March 28, 2009 Board of Governors’ meeting.

Chair Mary Mouat is pleased to announce that funding totalling $4,443,391 was approved for the following 40 programs, projects and awards:

87,670 MOSAIC Legal Advocacy Program

Funding totalling $3,988,291 was approved for the following 16 continuing programs:

Funding totalling $150,000 was approved for the following 11 small projects:

734,950 COMMUNITY LEGAL ASSISTANCE SOCIETY Operating Expenses 2009/2010

15,000 ABBOTSFORD COMMUNITY SERVICES SOCIETY Family Justice Education and Support for Fathers: Year 2 Project

705,900 WEST COAST ENVIRONMENTAL LAW ASSOCIATION Operating Expenses/EDRF 359,800 UNIVERSITY OF VICTORIA Law Centre Clinical Program 315,755 PEOPLE’S LAW SCHOOL SOCIETY Operating Grant 2009/2010 313,600 B.C. CIVIL LIBERTIES ASSOCIATION Operating Expenses 297,490 TENANT RESOURCE AND ADVISORY CENTRE SOCIETY Tenants’ Legal Advocacy Program 280,600 B.C. LAW INSTITUTE Operating Expenses 179,650 WEST COAST DOMESTIC WORKERS’ ASSOCIATION Legal Advocacy Program 2009/2010 167,550 WEST COAST LEAF ASSOCIATION Operating Expenses 2008/2009 143,866 NELSON CARES SOCIETY Nelson Advocacy Centre 2009/2010 117,060 ISLAND JADE SOCIETY Legal Advocacy Program

9,000 DOGWOOD INITIATIVE Protecting Water and Habitat from Coalbed Methane Development Project 6,000 CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE The Evolving World of Legal Remedies: 2009 Annual Conference

62,600 BATTERED WOMEN’S SUPPORT SERVICES Legal Advocacy Program

Funding totalling $162,000 was approved for the two following projects:

20,600 UNIVERSITY OF SASKATCHEWAN Operating Expenses 2009/2010

87,000 PRO BONO LAW OF B.C. SOCIETY Transition to Pro Bono Merger Project

15,000 B.C. COALITION OF PEOPLE WITH DISABILITIES Transition Magazine Project 15,000 CANADIAN RED CROSS SOCIETY, LOWER MAINLAND REGION Global Humanitarian Issues Symposium for Youth Project 15,000 MULTIPLE SCLEROSIS SOCIETY, B.C. DIVISION Volunteer Legal Advocacy Training Program 15,000 OPTIONS FOR SEXUAL HEALTH Sex and the Law (Revision) Project 15,000 PRO BONO LAW OF B.C. SOCIETY 2009 Non-Profit Law Seminars 15,000 ST. PAUL’S ANGLICAN CHURCH Self-Help Legal Information Project 15,000 THE LAND CONSERVANCY OF BRITISH COLUMBIA Farmland for Farmers: Succession Planning and Access Agreements Project 15,000 VOICE OF THE CEREBRAL PALSIED OF GREATER VANCOUVER Resource Guide Revision/Reprint: Rights and Responsibilities of People Receiving Home Support Services Project

75,000 WESTERN CANADA SOCIETY TO ACCESS JUSTICE Access Justice Transition and Merger Project

Funding totalling $74,350 was approved for the five following projects under the Legal Research Fund: 20,000 UNIVERSITY OF BRITISH COLUMBIA Contracting for Biodiversity Conservation in Global Mining Project: Emerging Environmental Law

UNIVERSITY OF VICTORIA 17,500 The Political Nature and Impact of the Canadian Charter of Rights and Freedoms 14,750 The Role and Regulation of Employment Agencies in the British Columbia Labour Market 14,000 ‘To the Exclusion of All Others’: Polygamy, Monogamy and the Legal Family in Canada 8,100 The Promises and Risks of Genetic Information: Potential for Genetic Discrimination in Access to Insurance

Funding totalling $68,750 was approved for six Graduate Fellowships for 2009/2010.

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

June 2009 BARTALK

25

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 2009:

Regular Members

Kenneth Alan Lancaster

Andrew J. Bond Sangra Moller LLP Vancouver

Mark Neighbor Lang Michener LLP Vancouver

David Hunter Clark Wilson LLP Vancouver

Parveen K. Nijjar McCullough Blazina Dieno & Gustafson Victoria

Simmarjit Madaan Bastion Law Group Nanaimo

Associate Simon John Harrison Brisbane, Australia

Karen Powar Lang Michener LLP Vancouver Angela Stolz Blake, Cassels & Graydon LLP Vancouver

Articling Students

Gemma Whitehead Lang Michener LLP Vancouver

Emma Day Fasken Martineau DuMoulin LLP Vancouver

Law Students

Steven Mark Donley Clark Wilson LLP Vancouver Alex Fielding Stikeman Elliott LLP Vancouver Melanie Harmer Lang Michener LLP Vancouver Jeremy Hessing-Lewis Lang Michener LLP Vancouver

Bernice Wong Vancouver

Kerry Birch Vancouver Andrew Scott Boucher North Vancouver Paul Robert Evans Vancouver Kyle Hamilton Shawnigan Lake Andrei Mincov Victoria

Directory 2010 is Coming!

Watch for your Directory Listing Proof in the mail in June or request one at data@bccba.org. To advertise, book your preferred area of practice listing, or to pre-purchase a 2010 directory download the order forms at www.bccbadirectory.org.

26

BARTALK June 2009

CLEBC Update B.C. Strata Property Practice Manual wins international award CLEBC is delighted to announce that we have received another Award for Professional Excellence from the Association for Continuing Legal Education (ACLEA). The award was given in the Best Publications category, for the British Columbia Strata Property Practice Manual. The Award for Professional Excellence is the top prize; only one is awarded in each category of prizes. The award is one of only 15 annual awards granted to competitors representing more than 300 organizations.

ACLEA members are professionals in the fields of continuing legal education and legal publishing.

Its annual awards are highly competitive and winning projects represent the highest level of achievement for the staff and volunteers involved.

The manual is the first comprehensive guide to legal practice under British Columbia’s Strata Property Act. The manual provides basic information for those new to strata property law in the province and builds on this foundation to address complex issues.

CLEBC is a non-profit organization. Our mandate is to provide the legal profession with the highest quality educational programs and resources.

We could not carry out our mandate without the generous contributions made by members of the profession. Many authors, reviewers, and editors contributed to the British Columbia Strata Property Practice Manual. CLEBC is grateful to the authors and editorial board for their commitment to the project.

The award will be formally presented at ACLEA’s annual meeting in Salt Lake City this summer.

For further information about the B.C. Strata Property Practice Manual, visit the CLEBC website at www.cle.bc.ca.

bar moves

u

Bar Moves

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Continued from page 2

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

Cheryl Teron

Michael Dery

Lanny Robinson

Ray Schachter

Maria Holman

Cheryl Teron has joined Miller Thomson LLP’s Vancouver Office as a partner. Cheryl’s practice focuses on

corporate and personal income tax planning and client representation in tax disputes.

The Vancouver law firm of Alexander Holburn Beaudin & Lang LLP is pleased to announce that Michael Dery, Lanny Robinson and Ray Schachter have officially joined the firm’s partnership.

Maria Holman joins Boughton’s Intellectual Property, Technology and Wills & Estates practice groups. Ms.

Holman is a registered trademark agent. She advises clients with respect to intellectual property protection, licensing agreements, trademarks, copyright, domain name and e-commerce matters, and estate and succession planning.

Energy Management – Not Time Management – The Key to Peak Performance The CBABC Work Life Balance Committee presented its third Luncheon Speaker Series event on Thursday, March 26, 2009 to a sold-out crowd at the Sutton Place Hotel.

In his highly entertaining and thought-provoking presentation, Russell Hunter, National Director of the Human Performance Institute, Canada, Inc., and an Ironman triathlete himself, grabbed our attention by stating that the energy demands on lawyers today EXCEED the demands on elite athletes, and effective energy – not time – management is today’s solution. Hunter illustrated how lawyers can adopt the energy management strategies that the most successful people in sports, business, and law enforcement use to consistently achieve their optimal performance or “full engagement,” as Hunter calls it.

The benefits of becoming “fully engaged” include maximized productivity, improved health, happiness and life balance, and better relationships with loved ones because they no longer receive only your “energy leftovers.”

You will also easily lead and inspire others to fully engage and be their most productive.

To achieve full engagement, both individuals and organizations need to develop a strong physical, emotional, mental, AND spiritual foundation by identifying their values and life purpose or mission, and defining a direction. Hunter strongly advises coaching to assist here.

Willpower, Hunter says, is overrated! Instead, he recommends making just one small nutritional change into a personal “performance ritual,” and focusing on it for 30-60 days until it has become automatic behaviour.

How well do you manage YOUR energy? You can take a short online assessment at the Human Performance Institute’s website www.hpinstitute.ca to find out. You can also find related articles, tips, and tools on this website, or read Dr. Jim Loehr’s book, “The Power of Full Engagement.”

See you at the Awards Luncheon on Thursday, June 25.

June 2009 BARTALK

27

classified ads

JUNE 2009

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: July 3

$25 $50

display

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

insert (all of B.C.)

CBABC Members/Firms Commercial Organizations Next deadline: July 8 Next mailing: July 31

$450 $900 $810 $1,620

$1,250 $2,500

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

Practice Restricted To WCB

Services

PRACTICE FOR SALE

intellectual property: Let us assist you in providing protection for your clients.

Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) Email: doug@BCpatents.ca.

Established Solicitor’s practice located in Victoria, mainly business law, commercial real estate, wills, estates, trusts, and selective residential real estate. Senior lawyer retiring. Willing to assist in transition. Terrific clients, great location.

Contact James Shaver shaverlaw@telus.net.

Associate/office space Associate opportunity with senior lawyer in South Surrey/White Rock. Super location, large, bright office and space for 1 or 2 support staff. Employment opportunity for right candidate – Pref. 2+ years experience for general solicitor’s practice. Will rent to lawyer preferring to go solo. Great opportunity for a young lawyer to establish a practice in this ideal community! Call Dale Bradford at 604-531-1041 or email bradford_green@telus.net.

WCB & CPP

Sec. 257 Determinations, Opinions and Court Applications on referral Claims and appeals Vice Chair at Review Board for 6 years More than 25 years personal injury litigation

GC

FREE CONSULTATION

604 . 591 . 8187 info@gosalandcompany.com

Sarj Gosal

Gail Sahota

B.A., LL.B.

B.Comm., LL.B.

www.gosalandcompany.com

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

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Visit Us Online:

28

BARTALK June 2009

GOSAL & COMPANY BARRISTERS & SOLICITORS

254 - 12899 76th Ave. Surrey, BC V3W 1E6

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

June 18th at the University Golf Club

DISABILITY APPEALS

Over 16 YEARS of Experience

604-267-3033

CBABC/VBA 13th Annual Golf Tournament

CBABC Women Lawyers Forum Update The CBABC Women Lawyers Forum started 2009 off with a bang with our “Be a Rising Star” event where a panel of distinguished speakers spoke about what it takes to rise in the legal profession and what it’s like once you get there.

We hosted our orientation lunch for our new mentoring pairs in February; held our Spring Potluck in March and presented our annual Education Day on May 29th – a full day of sessions targeted at how to survive the current economic times.

On June 23, 2009 join us for our Kick Off To Summer and AGM at the Law Courts Inn from 5:30 – 7:30 p.m. Join us on the patio for a fun evening that includes electing our Executive and hearing from B.C. Ombudsman Kim Carter who was Canada’s first female Chief Military Judge.