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

AUGUST 2007

volume 19, number 4

Judiciary: Fair and Reasonable Compensation CBABC submissions advocate on behalf of the Judiciary

our Association not only speaks for lawyers; we are often called upon to advocate for judges as well. For example, CBABC has a long tradition of actively working to prevent potential political interference regarding the appointment of, and compensation for, judges in B.C. and, through the National CBA, throughout Canada. Represented on the Judicial Council of B.C. by our President, the CBABC assists the Council by preparing confidential reports on all applicants for the Provincial Court Bench. The CBABC is also represented on the Advisory on Judicial Appointments for B.C. for federally-appointed judges. This year, the CBABC made submissions to both the B.C. Judges Compensation Commission for Provincial Court judges and the Judicial Justices of the Peace Compensation Commission. The Judicial Compensation Act requires each of these commissions to report to the Legislative Assembly on all matters respecting the remuneration, allowances and benefits of judges and judicial justices of the peace and to make recommendations with respect to those matters for each of the next three fiscal years. Under the Act, the Legislative Assembly may reject any of the commissions’ recommendations as being unfair or unreasonable, and set the remuneration. The CBABC has recommended that the government provide fair and reasonable compensation for both provincial court judges and justices of the peace.

www.cba.org/bc

For the Judges Compensation Commission, the CBABC submitted, following the legal principles set down by the Supreme Court of Canada, that: • the key components of judicial independence are: security of tenure, administrative independence and financial security; • judicial compensation commissions must be independent, objective and effective; • judges’ salaries must not fall below the basic minimum level of remuneration for the office of a judge that is adequate, commensurate with the status, dignity and responsibility of their office; • judges, although they must ultimately be paid from the public purse, are not civil servants since civil servants are part of the executive, and judges, by definition, are independent of the executive; • if a government rejects the recommendations of a judicial compensation commission, the government must articulate legitimate reasons, relying upon a reasonable factual foundation, for why it has chosen to depart from the recommendations of the commission; and • a government must respect the commission process and achieve the purposes of the commission: to preserve judicial independence and depoliticize judicial remuneration. For a complete version of both CBABC submissions please visit: www.cba.org/bc. BT

AUGUST 2007 UP FRONT

4 5 6 8 10

From the President

volume 19, number 4

GUEST CONTRIBUTORS

Executive Director

National News | Events

A Day in the Life of the Equity Ombudsperson, LSBC by Anne Bhanu Chopra

Analyze This

Practice Talk

How Breakthrough Search Technology is Changing the Game in E-Discovery by Ramon Nunez

by David J. Bilinsky

The Summer is Hot

Nothing Official

by Tony Wilson

On the Web

Legal Aid Initiatives Benefit Lawyers and Clients

Section Update

by Patricia Jordan

LEGISLATIVE UPDATE 14

Acts in Force

IN THE BACK 23

Calendar

Member Services

Bar Moves | Bravo

Partners | Membership Continuing Legal Education Society The Law Foundation of B.C.

Classified Ads

PLTC’s busiest session by Lynn Burns

by Mark Benton

New UBC Law Building Program Passes First Round of Approval by Board of Governors by Penny Cholmondeley

Students for Success

An innovative approach to teaching law by Raphael Tachie

Lawyer Referral Service

Health & Wellness TIPS Transitions – Work to Home uuu

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BARTALK August 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

CBABC 2nd ANNUAL CONFERENCE San Francisco, California November 16-17, 2007

Staff Contributors Fran Hodgkins Jennifer Weber 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 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 © 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 6,000 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.

San Francisco Style is fast approaching – and now you can save your place with a $200 deposit. The CBABC’s 2nd Annual Conference, November 16th and 17th in San Francisco California will be here before you know it. Interest in this event has been very high and many of you have told us that you have been waiting to register and pay the entire registration fee, even though you are worried that you might lose the opportunity to attend this registration-capped event. Well, we have good news for you! With a $200 deposit, you can hold your registration (provided that the remaining amount of your registration fee is paid by the Early Bird Registration Deadline: September 21, 2007). For details on how to register with a $200 deposit, call Jennifer Weber at 604-687-3404.

BarTalk Publication Sales Agreement #40741008

We’re looking forward to seeing you in San Francisco! August 2007 BARTALK

from the president

frits verhoeven

Let’s Turn Up the Heat on PST

“

…this is one of the most discriminatory taxes we have ever seen.

that need to be said in response to that: 1. No other province targets legal services for a special tax. Every other province that he above quote comes taxes professional services taxes from the late Fred them all equally. Above all Gingell, MLA, at else, this is what makes the tax the time the Liberal so repugnant. It is as though finance critic, in response to the access to justice ought to be introduction into the House by specifically discouraged; the Finance Minister, Glen Clark, Frits Verhoeven 2. From a competitive point of on Thursday, April 30, 1992 of President 2006/2007 view, Alberta and Ontario amendments to the Social Services B.C. Branch are the provinces that matter Tax Act to impose a provincial sales Canadian Bar Association the most; tax on legal services. 3. In three of the provinces that have a tax on With the dismissal of the Christie case by the professional services (Newfoundland, Nova Supreme Court of Canada on May 25, 2007, the Scotia, and New Brunswick), the tax is a G.S.T government has established that it has a constitustyle harmonized sales tax, the effect of which tional right to continue to tax legal services, whether is that business clients do not generally pay it. or not it is fair, just or wise to do so. For our part, Quebec has a similar tax that in effect business the CBABC has decided to continue the campaign to clients do not generally pay. Therefore these fight this outrageous tax. provinces, too, are more competitive than B.C. Is “outrageous” (admittedly, an overworked for legal services to business. Saskatchewan, adjective) too strong a word to use? I don’t think so. Manitoba and Prince Edward Island charge I have now made presentations three years a traditional P.S.T. style tax, which is levied running to the Legislative Standing Committee on against all professional services. Finance on the topic of abolishing the tax on legal The government also says that, although tax proservices. I have met with several Ministers and ceeds are not earmarked for legal aid, it spends a numerous MLAs on this topic. No one in or out of lot of money on legal aid and on the justice system government has ever mounted any rational defence generally. But why should legal fee paying clients of the tax. It is practically conceded that the tax is be solely responsible for funding legal aid, and for discriminatory, unfair, bad for business, and generthe costs of the justice system, while the general ally makes no sense whatsoever, yet the tax remains. taxpaying public pays nothing? In 1992, Fred Gingell Why is that? said, “It simply isn’t logical; it is fuzzy thinking,” and The answer, of course, is that the tax brings in well he was right. over $100 million per year, with very little effort on the Appeals to reason have not persuaded the part of the government, and not much opposition. government to eliminate the tax. The fact is that In partial defence of its position, the government says that every province other than Alberta and Continued on page 11 Ontario taxes legal services. There are three things

”

BARTALK August 2007

CAROLINE NEVIN

EXECUTIVE DIRECTOR

Our Dirty Little Secret Who’s not paying the bill for the profession?

hen CBA memIt costs $237 for members and bership became $525 for non-members. When a voluntary, 60 per Vancouver law office didn’t qualcent of the proify for the member rate, the order fession gave us their vote of miraculously came back under the confidence and renewed their same assistant’s name and credit membership. To all those who card, but with a new (member) supported us, I say “thank you”! lawyer’s name from Nanaimo. We are now lean, strong and Likewise, there are a number of primed for growth – our revenues Section meetings that have reguare stable, our staff is energized, lar attendance from non-member Caroline Nevin and our programs and services lawyers, known to other paying Executive Director are expanding. members in the room. B.C. Branch We owe our current success to I can appreciate that those Canadian Bar Association our longtime supporters – all the who can afford it may be content big law firms, large segments of corporate counsel, to have less well-off lawyers benefit; there are many hundreds of mid-size and small firms, and thousands B.C. lawyers struggling to get by who deserve of solo practitioners, public sector lawyers and young all the help and support we can give them. soon-to-be lawyers who give us their hard-earned The people who perplex me are those who can membership dollars each year. – but choose not to – pay the $50 a month it So here’s my quandary: our work is funded by takes to support the work of the CBA on behalf 6,000 men and women who have made the choice of every lawyer. to belong, but everywhere I go in B.C. I meet very Our dirty little secret is that we all know nice lawyers who sheepishly admit that they value non-paying lawyers, but we somehow consider it the CBA – and use our benefits – despite not being rude to raise the “free rider” issue. I know lawyers members at all. in the far reaches of this provI find that interesting. ince who don’t make much “Everywhere I go in B.C., What it means is that these money, and lawyers with pubI meet very nice lawyers people have decided that the lic or private sector employers who sheepishly admit that rest of the profession should who won’t pay their full fee. they value the CBA – and foot the bill for a strong lawYet, they consistently pay for use our benefits – despite yers’ organization in Canada membership out of their own and B.C. – to protect their not being members at all.” pockets, making a strong perinterests and those of their sonal statement about their role clients, to run Sections, create valuable print and as a member of the legal profession. To those who online resources, and generally, to invest in keeping benefit from the CBA without becoming a member, the Canadian legal profession strong and vibrant. I say “If they can do it, so can you.” The most fascinating part is that it isn’t just oneIf you have chosen to belong to the CBA, again, way complicity. I had an order form cross my desk thank you. If you or someone you know hasn’t joined last week for our Support Staff Compensation Survey. but could, perhaps it’s time you asked “Why not?” BT August 2007 BARTALK

national news | EVENTS

Court Challenges Program The CBA restated its views on the merits of the Court Challenges Program to the House of Commons Official Languages Committee in June. Speaking for the CBA, Melina Buckley of Vancouver told MPs the program was an essential tool in the development of a rich jurisprudence with respect to official languages as well as equality rights under s.15 of the Charter. CBA on the Court Challenges Program uuu http://www.cba.org/ cba/news/ccp/default.aspx

Draft Money Laundering Regulations Published

The federal government has just released new draft regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, which would apply to the way lawyers (and other professions) identify clients, verify their identity, and maintain client records. The CBA will consider and respond to the draft regulations within the 60-day period allowed. The regulations are available in the June 30 edition of the Canada Gazette. Regulations uuu http://canadagazette. gc.ca/partI/2007/20070630/ html/regle6-e.html

BARTALK August 2007

The Branch’s Membership and Work Life Balance Committees attended the Crown Counsel Conference in Whistler. From left to right are Catherine Sas, QC, Chair of the Work Life Balance Committee, Judith Janzen, Chair of the Membership Committee and Paula Cayley, Ad-hoc member of the Work-Life Balance Committee and Executive Director of Interlock.

Bill C-32 May Lead to Extensive Litigation While it supports the underlying goals of Bill C-32 (Criminal Code amendments – impaired driving), the CBA cautions that impaired driving already consumes a disproportionate amount of court time and resources, and the amendments may open the door to new litigation, including challenges under the Constitution and Canadian Charter of Rights and Freedoms. Mitchell MacLeod of Charlottetown, a member of the CBA’s National Criminal Justice Section, appeared before the Commons Justice and Human Rights Committee in June. News release uuu http://www.cba.org/CBA/News/2007_Releases/2007-06-12_c32.aspx

Submission uuu http://www.cba.org/CBA/submissions/pdf/07-32-eng.pdf

Task Force on Conflicts Underway The CBA’s expert task force on conflicts of interest has begun its work to develop practical guidelines, advice, and solutions to help lawyers and law firms better serve their clients. The task force will report on its progress at the CBA’s August 2008 Canadian Legal Conference in Quebec City. The CBA has enlisted the broadest base of input for the task force – lawyers representing large, small, urban, and rural law firms, in-house counsel, and all areas of practice. It includes client representatives, an ethicist, a liaison from the Federation of Law Societies of Canada, a law society insurer, and a noted conflicts expert. Details uuu http://www.cba.org/CBA/groups/conflicts/

national news | EVENTS

Award-Winning Program The International Development Committee and partner IBM Consulting are the winners of the 2007 CHF Award for Improvement of Social Infrastructure, a Canadian award recognizing outstanding work in international co-operation and development. It honours the CBA for its just completed Canada-China Legal Aid and Community Legal Services project. The project helped strengthen China’s legal aid and community legal services system. International development program uuu http://www.cba.org/CBA/IDP/InterDev/

Law Firm Leadership Conference Oct. 14-16, 2007 Montreal This year’s third annual Law Firm Leadership Conference – Oct. 14-16, 2007 in Montreal – focuses on Tools for the Successful Canadian Law Firm. Breakout sessions will tackle conflicts, best practices for managers, and effective media relations. The lineup of speakers includes Derek Burney and Raymond Chrétien on U.S.-Canada relations, political columnist Chantal Hébert, and Cisco’s Mark Chandler on technology and the law.

The Perfect Legal Bill If clients pay their bills without complaint, lawyers assume that a laundry-list billing approach works. The doubt should begin to creep in, however, if several weeks pass without payment. An unpaid bill generally indicates that clients have one of four problems. This month on CBA PracticeLink, learn about these client complaints and discover the elements of the perfect legal bill. Also new on CBA PracticeLink: •

Details and registration uuu http://www.cba.org/cba/cle/cle00/mgpart_07.aspx •

2007 Competition Law Conference Oct. 11-12, 2007 Ottawa-Gatineau Area

Highlights of Canada’s leading Competition Law Conference include a high-profile panel presenting a mock international cartel investigation and parallel multi-jurisdictional class action proceedings and a panel on recent changes to competition policy in the telecommunications industry. Commissioner of Competition Sheridan Scott is the keynote speaker. Details

•

Podcast: Developing a Conflict Checking System for Your Law Firm Cool Technology for Hot Lawyers News: Sedona Canada E-Discovery Principles Released Quick tips on marketing, financial management, client services and more.

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

uuu http://www.cba.org/cba/cle/cle00/comp_07.aspx

Increase Funding for Legal Aid The CBA, along with the attorneys general of Ontario, Saskatchewan, and Nova Scotia, has called on the federal government to increase funding for legal aid. At a news conference in June, CBA First Vice-President Bernard Amyot of Montreal said: “The Canadian Bar Association believes that legal aid is the key to the courthouse door. For those without the economic means, that key is beyond their reach. All of us – regardless of means – must be assured of effective and equal access to the judicial system when the fundamental interests are at stake.” Full text uuu http://www.cba.org/CBA/news/pdf/2007-06-20_legalaid.pdf

August 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. Aboriginal Law – Vancouver Meeting: June 4, 2007 SpeakerS: Merrill Shepard, Donovan & Company; Angela D’Elia, Nisga’a Lisms Government Topic: The Use of Trusts and Societies by First Nations: Update on Governance and Tax Issues

Mr. Shepard spoke of the challenges in adopting the trust format focusing on process issues arising generally and with a particular focus on the fiduciary duty of Chief and Council (C&C) to membership. He highlighted a number of important points, including: trustees following rules of natural justice – can’t just arbitrarily benefit one group; the value of meeting (separately) with a number of family groupings; and the use of plain language drafting notes to assist the community. Angela D’Elia discussed the structure of Nisga’a government with a particular focus on the use of societies

as the corporate form for urban locals which provide services to urban Nisga’a citizens and also yield elected representatives from urban centres to the Nisga’a legislative and executive bodies. Approximately 50 per cent of Nisga’a population exists in urban areas so there is a significant role for these societies in providing services to Nisga’a citizens (e.g. child and family services). Corporate Counsel Meeting: June 11, 2007 Speaker: Paul Kelly, Jr, former General Counsel of Nike Topic: Legal Issues Facing a Company with International Operations

During his 17 years with Nike, Mr. Kelly served in several key roles including overseeing Nike’s global government affairs team and its activities through offices in Washington, D.C., Oregon, Brussels, Singapore and

LABOUR Law Meeting: June 18, 2007 SpeakerS: The Honourable Mr. Justice Stephen Kelleher; Shona A. Moore, QC; and Peter F. Parsons Topic: Retirement from Labour Arbitration of Donald R. Munroe, QC

This year’s annual Labour Law Section end-of-year dinner held at the Law Courts Inn honoured respected Arbitrator Donald R. Munroe, QC on the occasion of his retirement from labour arbitration. The dinner was attended by more than 140 members and guests, who were entertained by lively reminiscences of Arbitrator Munroe’s remarkable contribution, spanning more than three decades, to the labour relations community and the practice of labour law in British Columbia. Thanks go to the speakers at this event, Peter F. Parsons, Shona A. Moore, QC, and the Honourable Mr. Justice Stephen Kelleher.

“Don Munroe’s retirement will result in a real loss to the Labour Law community. It was wonderful to see so many who came out to celebrate Don’s illustrious career.” 8

BARTALK August 2007

– Section Co-Chair, Diane MacDonald

Topic: Update on Electronic

Beijing. Mr. Kelly used a particular long-term series of litigation taking place in many countries over many years to illustrate the complexities of international business relationships and legal risks. He focused on the need to carefully select foreign counsel, manage expectations within your internal clients and to expect the unexpected. He illustrated the large differences in litigation practice in a civil law environment and frankly addressed some mistakes and lessons learned by Nike during the years of these court cases.

Section Enrolment 2007-2008

Filing and Standard Form Contract of Purchase and Sale – Leasehold Interest in Indian Reserve Lands

A PowerPoint presentation of the update on electronic filing and an overview of new developments, including the electronic submission of digital survey plans, were provided to the members by guest speakers Darcy Hammett and Sandy King. To date there have been more than 460,000 applications for e-filing. Mr. Wilson discussed the standard contract for Native Lands Real Property – and the increase of condos Vancouver Register today! being built on Native Lands. Meeting: June 6, 2007 He asked members to SpeakerS: Darcy Hammett, review the new set of CBA Director of Strategic Operations, Land Title and Survey undertakings on Native Land and send any Authority; Sandy King, Program Analyst, Land Title and comments to him. BT

Attendance at Section presentations, either in-person or by teleconference, is reportable as coursework on your professional development activities report to the Law Society of B.C. Meetings begin in September for CBA members.

Survey Authority; and Ed Wilson, Lawson Lundell LLP

Immigration Law Meeting: June 27, 2007 Speaker: Margaux Kaczor, Client Services Unit (CIC-Vancouver) Topic: Permanent Resident Card Renewals

Margaux Kaczor provided immigration practitioners with an update on Permanent Resident Card processing. Of the two million cards issued so far, the first ones will have to be renewed in the next few months for those permanent residents who have not become Canadian citizens. Ms. Kaczor discussed how the Department was seeking to deal with the anticipated increase in PR Card applications, and addressed questions from the members on processing issues.

“Since

the PR Card, with its fixed validity period, was a new initiative introduced in the current legislation in 2002, our members are interested to learn practical tips on renewing it. This issue has widespread effect so we are pleased to learn and pass along useful information to clients and colleagues.

”

– Chair-elect Craig Natsuhara was pleased with the timing of the presentation, on the eve of the five-year anniversary of the introduction of the Immigration and Refugee Protection Act, when the cards (which have a five-year validity in most cases) started being issued.

August 2007 BARTALK

Practice Talk

david j. bilinsky

The Developing Gap in Law Schools Seeing the big picture

And though my lack of education Hasn’t hurt me none I can read the writing on the wall...

available on the Web. Attorneys at these firms need tech-related skills to realize these opportunities. • Legal educators seriously under-utilize new technologies, Words and music even in those settings, such as by Paul Simon clinical legal education, that are the most practice-oriented.” The question is, are law David J. Bilinsky is the Practice schools adequately preparn talking with lawyers of all Management Advisor for the ing student for real-life pracages, there is a general conLSBC. E-mail: daveb@lsbc.org tice? According to Prof Gary sensus that while law schools Blog: www.thoughtfullaw.com Munnuke of Pace University, teach the theory of law well, who started teaching the they do a less-than stellar job in first course on law practice management in law actually preparing lawyers to practice law. While school in 1982, of the 218 law schools in the USA anecdotal evidence is interesting, Gene Koo of The (stu.findlaw.com/schools/fulllist.html), only about 53 Berkman Center for Internet & Society at Harvard have started to teach some sort of practice manageLaw School, in collaboration with the LexisNexis ment component, which is approximately 24 per cent Group, did a study on the gaps between what is of the total. (www.abanet.org/lpm/magazine/articles/ taught in law schools and the skills that are needed v33/is4/an13.shtml) (I wish I could find similar stats in the workplace (http://papers.ssrn.com/sol3/papers. for Canada, but I am not optimistic that we are cfm?abstract_id=976646). markedly different). They found: At least in Canada we have the articling period, • “More than 75 per cent of lawyers surveyed which offers a period of transition from law school said they lacked critical practice skills after to practice. In my discussions with US lawyers completing their law school education. and bar associations, they recognize the need for • Today’s workplace demands skills that the traa graduated licensing program or other change ditional law school curriculum does not cover. to their system that would allow a similar buffer oo Many attorneys work in complex teams period between leaving law school and setting up in distributed across multiple offices: nearly practice. But the articling period only sidesteps the 80 per cent of lawyers surveyed belong to issue as to whether the mandate of law school should one or more work teams, with 19 per cent be to teach students about the law, or prepare lawyers participating in more than five teams. Yet for practice. only 12 per cent of law students report The Berkman study notes that law students working in groups on class projects. should be exposed to four new skill areas: oo Smaller firms can stay competitive with • knowledge-generating (separating knowledge larger firms through more nimble deployfrom data, or in other words, dealing with ment of technology tools and by exploiting information overload) the exploding amount of data openly

BARTALK August 2007

• techno-social (working with colleagues via technology. An example is negotiating settlements via e-mail and other “low emotional bandwidth” methods that require different social skills than face-to-face negotiations) • metapractice (translation of one-off situations into systems of practice. This skill set incorporates “systems level” thinking that allows a lawyer to combine technology with the process of law and build systems that deliver legal services in a cost-effective manner up and down the value chain) and • for those who manage lawyers, technology management skills. The emphasis on teamwork, collaboration skills (including on-line collaboration skills as are necessary to draft and edit a document among different parties in different time zones using the Internet) and how technology has changed the way lawyers practice law are overriding themes of this study. An interesting aspect is the growing need for lawyers to work in teams, supported by technology. This is not surprising for lawyers in larger firms, but the study found that 53 per cent of respondents in firms of 2-20 lawyers report belonging to at least one team. Interestingly, while e-mails, conference calls and in-person meetings were found “useful” for team collaboration, “Practice-specific software such as litigation support or document management systems represents another significant means of collaboration (46 per cent)”. This rather counters the image of the solitary knight riding off to do battle on behalf of a client. It further underscores the

importance that litigation support technology has come to play in helping litigation lawyers work as a team as well as organize the case! Certainly there is a need for law schools to have clinical development programs, which expose students to the actual practice of law. However, the report noted for even those law schools that had clinical programs in place, “not all clinical programs have robust technology infrastructures, meaning that students may not in fact be experiencing fully authentic practice.” The report’s author also found that lawyers entering smaller practices may need more extensive and specific training in technology management skills than their big-firm counterparts. The report’s author found that at one top-tier school with several clinical programs in place, only the largest clinical projects actively use Time Matters; the others apparently lack the resources necessary to customize the product to their needs. While the study found that generally speaking law students are much more skilled with technology than the lawyers in the firms in which they are hired, law students come out of law school with at best, a limited exposure to the legal technological tools that are actually in use in law firms. This raises the question of where lawyers are going to acquire the knowledge of how to effectively use legal technology – if not in law school and not in practice, then exactly where? Perhaps it is time to look at the reports in black and white and read the writing on the wall... BT The views expressed herein are strictly those of the author and may not be shared by the author’s employer, the Law Society of B.C.

From the President – continued from page 4

the legal profession in British Columbia has not so far been able to bring sufficient political pressure to bear, and so our clients continue to be unfairly targeted for this tax, and the legal profession in British Columbia remains at a competitive disadvantage vis a vis other professionals both inside and outside B.C. It is time to mobilize a broad-based campaign to

oppose the tax. So contact your MLA and demand to know his or her position on this. Take every opportunity to remind the government that this tax must be abolished. Write a letter to the Minister of Finance about this. Suggest that your clients do the same. Let’s see if together we can finally get rid of this tax! BT

This is my last BarTalk column as President. It has been a great honour to serve the 6,000 members of the CBABC as President. I am grateful for the tremendous goodwill and support I have received. I especially wish to thank my colleagues on the Executive Committee, all of our CBABC volunteers, and finally, our dedicated staff. August 2007 BARTALK

nothing official

tony wilson

Juris Envy

Is there a Doctorate in the House?

wenty two years ago, I LL.B. recipients the option of conwas asked by a lawyer verting to the more “desirable” J.D. at my old firm whethBut we all know the real reaer I was going to The son why UBC is doing this, don’t Law School that night for a recepwe? It’s not that LL.B.’s may be tion. “Are they helicoptering us there seen as the poor cousin of the J.D. or do we have to take the Ferry?” I in the New York or London job answered, knowing full well that markets. It’s really because they when she said “The Law School,” want to taunt us. They want us to she meant UBC, and not UVic. call them all “Doctor”! Thus began my long and arduTo avoid jeopardizing underTony Wilson is a Franchise and ous mission of convincing my graduate funding formulas when Intellectual Property Lawyer Vancouver colleagues that just like you start awarding J.D.’s instead of at Boughton. Nothing Official there’s more than one cola in the LL.B.’s, and to dissuade UBC grads was recently voted one of the top four regular magazine world, there’s more than one law from bragging incessantly about columns in Western Canada by school in B.C. too. Many fine lawtheir new doctorates, dishing out the Western Magazine Awards yers went to UVic by choice, rathmock Viagra prescriptions at parFoundation, and he will never er than that other place, (which ties and offering medical examinalet anyone forget it! like the word Voldemort, I try not tions along with legal advice, my to mention too much by name, lest solution is for both law schools to it encourage them). Although we’re in the minority award J.D.’s to any of their graduates who have been in terms of representation in the Vancouver firms, called to the Bar (any bar!). The catch is, like an MA we’re in the majority in terms of blowing horns (Oxon), a formal dinner must be attended after a year about our old Alma Mater, its culture, its instructors, in the trenches of life before you can get it. the nearby pubs, its Rugby Team (at least in my day), The essential question of course, is where should and dare I brag, its vastly superior building. the dinners be held? No doubt, the newly converted I feel compelled to trumpet UVic’s law school, in UBC J.D.’s of my vintage would strive to have it part because it actually admitted me (last, but who’s somewhere posh in Vancouver. But as I act for many counting), but also because the class I graduated from of the best restaurants in town, I could call in a few in 1985, was more or less all called in 1986, and amazfavours and surreptitiously squeeze all the converted ingly, 21 years have slipped between then and now. UVic J.D.’s into the same restaurant on the same If we ever see each other, we compare notes about night, just to have the most Quacks under one roof who among us are now judges, the sports statistics of and get in the Guinness Book of World Records. our kids, the possibility that partnership may be the Then, we could all call each other “Doctor”, drink to booby prize and not the prize, and the recreational our health and reminisce about old times. uses of Viagra. But life is busy for all of us, and there is never But the long standing rivalry between the two law enough time, even for old times. If the J.D. is ever schools is about to enter a new phase. Like U of T a few awarded, it will come in the mail like the Visa bill, years ago, UBC is now formally considering granting together with sincere congratulations and another Juris Doctorates to its new law grads and giving its old heartfelt request for money. BT 12

BARTALK August 2007

PATRICIA JORDAN

ON THE WEB

Law Student and Young Lawyer Resources

Site du Jour hat can the www.cba.org/cba/PracticeLink Canadian Bar Association CBA PracticeLink, a national (CBA) do for award-winning website, offers you? We can introduce you to a wealth of information to assist young lawyers nationwide, assist law students and new lawyers. in developing your networking Whether you’re starting your skills, and through participation journey or charting a new career course, firsts can be frightenin Sections help you gain proing. You’ll find many insightful fessional advantage in your law resources that focus on new lawpractice. As a CBA member, you Patricia Jordan is the CBABC yers as well as sole practitioners will receive valuable discounts on Manager, Interactive Media. and small firms in “Starting Out.” communications, entertainment, She welcomes your comments, questions and suggestions. Recent articles include: travel and leisure, office supTel: 604-646-7861 • SMART Growth for Law Firms plies and professional services, in E-mail: pjordan@bccba.org • Starting a New Firm: Top 10 addition to many other benefits. Mistakes to Avoid and Top 10 Currently, listservs are available Tips for Success for articling/law students and young lawyers. • Technologies for Solo, Home, and Mobile The CBA offers outstanding Continuing Legal Lawyers Education programs for members, regardless of • Packing My Own “Chute” your experience level. Conferences, short seminars • Independence Day: Starting Your Own Law and workshops are presented in locations across the Firm. country or via the web so that members can make the CBA PracticeLink takes podcasting technology best use of their time. one step further, by accompanying the online audio If you are already a member of the CBA, you with a synchronized online visual presentation. know that we do serious work. If you haven’t Recent podcasts include: joined your professional association, we invite you • Developing a Conflict Checking System for to visit www.mycba.ca to discover the many benefits Your Law Firm of membership and how you can be involved in • Developing a Client Service Standards Policy advancing the legal profession and matters of law in for Your Law Firm Canada and around the world. • A Fresh Look at Fee Collection for Lawyers Did you know? • New Ways to Practice Work/Life Balance • Podcasting: The Latest Addition to the Legal • Law school students can enjoy all the benefits of CBA membership for just $20 Marketing Toolkit. • Articling/Bar admission students pay just Join online today to take advantage of everything the CBA has to offer. Visit the “Law Student and $70.91 to join the CBA Young Lawyer Resources” page in “Practice Resources” • CBABC articling and law students are eligible at www.cba.org/BC for more information. BT to receive three free Section enrolments.

August 2007 BARTALK

LEGISLATIVE UPDATE

ACTS IN FORCE

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 ASSESSMENT STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 13 (BILL 32) Sections 14, 18, 20 and 48 are in force June 21, 2007. Sections 12(a) and (d) and 13 are in force June 21, 2007

ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 14 (BILL 33) Sections 29 and 31 are in force June 20, 2007

BUDGET MEASURES IMPLEMENTATION ACT, 2007 , S.B.C. 2007, C. 1 (BILL 2) Sections 2 to 8 are in force May 22, 2007

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 11 to 15 are in force June 1, 2007

COASTAL FOREST INDUSTRY DISPUTE SETTLEMENT ACT , S.B.C. 2003, C. 103 (BILL 99)

FINANCE STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 7 (BILL 14) Sections 79 to 84 are in force July 1, 2007. Sections 1, 4, 6, 8, 9, 11, 14, 15, 18 to 21, 24, 25 and 27 to 30 are in force July 1, 2007

FINANCE STATUTES AMENDMENT ACT, 2006 , S.B.C. 2006, C. 12 (BILL 18) Sections 72 and 73 are in force June 18, 2007

FINANCE STATUTES (INNOVATIVE CLEAN ENERGY FUND) AMENDMENT ACT, 2007 , S.B.C. 2007, C. 17 (BILL 30) Act is in force September 1, 2007

MISCELLANEOUS STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 8 (BILL 12) Section 15 and 16 are in force June 1, 2007. Section 18 is in force July 1, 2007

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2007 , S.B.C. 2007, C. 24 (BILL 35)

Section 4 is repealed effective June 14, 2007

Sections 23 to 25 are in force June 20, 2007. Sections 6 to 8, 22, 49 to 52 and 57 are in force June 21, 2007

COMMUNITY SERVICES STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 6 (BILL 11)

PROVINCIAL REVENUE STATUTES AMENDMENT ACT (NO. 2), 2003 , S.B.C. 2003, C. 64 (BILL 42)

Sections 1 to 5, 32, 44 and 47 are in force August 1, 2007. Sections 21 to 24 and 27 are in force June 21, 2007

Section 5 is in force June 21, 2007. Section 9 is in force June 21, 2007

EDUCATION STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 16 (BILL 22) Sections 1 to 3, 5 to 20, 21 (a), 21(c) enacting section 168(6) of the School Act, 22 to 24, 25 enacting sections 170.4 and 170.5 of the School Act, 26 to 33, 39 and 40 are in force July 1, 2007. Sections 4 and 21(b) are in force September 4, 2007

ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2004 , S.B.C. 2004, C. 18 (BILL 13) Sections 3(a) enacting the definition “summary of site condition” and (c), 5, 8 to 11, 14 (a) and 17 are in force July 1, 2007 14

CURRENT FROM MAY 8 - JULY 3, 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 only published online, available to CBA members exclusively at www.cba.org/bc.

BARTALK August 2007

PUBLIC INQUIRY ACT , S.B.C. 2007, C. 9 (BILL 6) Act is in force June 21, 2007

PUBLIC SAFETY STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 28 (BILL 16)

Sections 6(c) and 14, section 11, as amended by section 11 of the Child and Youth Statutes (Representation Improvement) Amendment Act, 2007, section 12, as amended by section 12 of the Child and Youth Statutes (Representation Improvement) Amendment Act, 2007, section 13, as amended by section 13 of the Child and Youth Statutes (Representation Improvement) Amendment Act, 2007 and section 16, as amended by section 11 of the Child and Youth Statutes (Representation Improvement) Amendment Act, 2007, are all in force June 1, 2007

SCHOOL (STUDENT ACHIEVEMENT ENABLING) AMENDMENT ACT, 2007 , S.B.C. 2007, C. 29 (BILL 20) Sections 1 and 2(b) to (d), 8 to 15, 17, 19, 20 enacting sections 82.1 (1), (2)(b), (3) and (4) and 82.2 to 82.4 of the School Act, 21 to 28, 30, 31, 33, 34, 37(a), 38, 40, 41, 42 enacting section 175(2) (s) of the School Act, 43 to 47 and 49 are in force July 1, 2007. Sections 18, 29 and 35 are in force July 16, 2007. Sections 2(a), 3 to 5, 16, 36, 37(b) and 39 are in force November 1, 2007

SECURITIES TRANSFER ACT , S.B.C. 2007, C. 10 (BILL 9) Act, except section 135, is in force July 1, 2007

TEACHING PROFESSION (TEACHER REGISTRATION) AMENDMENT ACT , 2007 , S.B.C. 2007, C. 33 (BILL 21) Act is in force July 1, 2007

TOBACCO SALES (BANNING TOBACCO AND SMOKING IN PUBLIC PLACES AND SCHOOLS) AMENDMENT ACT, 2007, S.B.C. 2007, C. 12 (BILL 10) Sections 1, 6(b) and 10 are in force September 1, 2007. Sections 2, 3 enacting section 2.2 of the Tobacco Control Act, 5(b) and 11 are in force September 2, 2007. Sections 6(a), 7 and 9 are repealed September 2, 2007

Sections 24 to 28 are in force June 20, 2007. Sections 1 and 2 are in force June 21, 2007. Sections 22 and 23 are in force June 21, 2007

TOBACCO SALES (PREVENTING YOUTH ACCESS TO TOBACCO) AMENDMENT ACT, 2006 , S.B.C. 2006, C. 10 (BILL 12)

REPRESENTATIVE FOR CHILDREN AND YOUTH ACT , S.B.C. 2006, C. 29 (BILL 34)

Act is in force September 1, 2007

ANNE BHANU CHOPRA

GUEST

A Day in the Life of the Equity Ombudsperson, LSBC

o day is the same! their firms. For example, Anne When you think of has received calls from partners the word “routine,” it who would like to approach does not apply. You another lawyer who has been sexmay have your coffee on your desk, ually harassing a female lawyer researching, and preparing yourself in their firm. They resolved the to write an article to educate the situation by working on creating a profession on a specific issue related strategy which suited the partner’s to discrimination and harassment, personality and his firm. The main when the phone rings. That phone function of the position is to deal call could be from a lawyer, articling with issues confidentially and to Anne Bhanu Chopra, student, student or a staff member reach a resolution; the law firm B.Comm., MIR (Queen’s) at a law firm. It is Anne Bhanu can actually avail themselves of an Equity Ombudsperson, Chopra’s job to be available to the independent, free resource to deal Lawyer, Coach caller, to assist them in a variety of with the situation (on a pro-active ways: 1) by providing them with a safe place for them basis) where it doesn’t have the expertise. to talk confidentially about a problem; 2) helping them This is a wonderful position for anyone who has identify the issues and the options available to them, a multi-disciplinary background, because, when an as well as advice about those options; and 3) directing issue arises, it calls for the ombudsperson to examine them to other resources, such as counselling. it from the employer’s, business, law, educational, Anne’s position is not a traditional ombudsperhuman resources, and the client’s personal perspecson, an advocate for the public; rather, it is closer to tive. Anne personally finds it quite satisfying as she an organizational ombudsperson, which assists an has that background. One of the best parts about organization, e.g. a bank, to resolve complaints from working in this position is that she gets to use her legal clients, informally and on a confidential basis. In training and background to do what she thought the fact, the LSBC Equity Ombudsperson is a neutral, law was about: empowerment! Further Anne gets to independent, part-time position, funded by the Law work with and learn from individuals who are bright, Society of British Columbia, to assist the foregoing talented and want to give to the profession, like the callers, confidentially on sensitive issues. The various benchers and the Equity and Diversity Committee. other law societies have also adopted similar type Lastly, she actively finds opportunities to eliminate positions, as they have equally found that callers systemic discrimination. For example, she joined the are quite hesitant to avail themselves of the formal Mentoring Committee of the WLF at the very start, complaints system when it comes to sensitive issues and did so with the intention of eliminating the bias such as sexual harassment or discrimination. for women, of not being able to readily find female Anne believes there are still many law firms mentors. Anne continues to work toward change, which are unfamiliar with how this mechanism even though it is slow at times! could assist them if they integrated it into their For more information you can contact Anne internal policies. However, some firms have conBhanu Chopra, who credits the school playground tacted Anne, on a pro-active basis, and have used the for teaching her the basics of fairness and equality, mechanism to resolve issues which have arisen in at 604-687-2344. BT August 2007 BARTALK

guest

RAMON NUNEZ

Analyze This

How breakthrough search technology is changing the game in E-Discovery

-mail is now the #1 source of evidence in corporate legal matters. As a result, the E-Discovery market is growing by 60 per cent annually – now the most costly component of the legal and investigatory process. And as complexity increases, the associated costs and risks continue to soar. Companies that are unable to Ramon Nunez quickly analyze their electronic CEO, MetaLINCS documents are extremely vulnerable – without sufficient understanding of their legal position, corporate counsel is paralyzed, or worse, misled. The current approach to E-Discovery offers little relief – it is a process dominated by a parade of outsourced service providers, and it relies largely on manual approaches and methods that are error prone, time consuming and simply not scalable to address the exponential growth in content being created and stored electronically. Without analysis technology, a legal team must start its review process from scratch, with no real idea what may be unearthed. This means that all of a case’s e-mail messages and documents (numbering in the hundreds of thousands for large organizations) must be reviewed and coded one-by-one, in no discernable order. As a result, many of the messages and documents may appear nonsensical and irrelevant to the hired reviewers. Armed with little knowledge, the reviewer struggles to identify documents that may be of importance. Those documents that are flagged are routed to the legal team, which then attempts to make sense of the poorly filtered stack of potential evidence. If unexpected evidence is unearthed midway through a case, chaos may ensue. Changing the direction of a traditional E-Discovery investigation can mean having to completely start over, re-reviewing e-mails under completely new criteria. 16

BARTALK August 2007

Analysis technology not only makes it possible to find vital information at the earliest stages of an investigation – which can help shape an accurate case strategy – it also makes it possible to change direction quickly, without unnecessary disruption or additional costs. The ability to assess cases at their earliest stages can reduce overall E-Discovery costs by as much as 75 per cent, and can reduce the typical document review load by as much as 80 per cent – significant considering that analysts forecast E-Discovery software and services to be a $7 billion market by 2007. When attorneys and their support staff can use software to begin assessing data early in their handling of the case, they can do a better job of prioritizing and triaging the data. Early case assessment technology enables corporate counsel or law firms to quickly find and drill down on the most relevant case material during the early stages of a case, often within hours of processing content. This gives them the opportunity to focus efforts on the data that is likely to mean the most to the case at hand. At the same time, an effective early assessment could lead counsel to the conclusion that as much as 80 per cent of the data they processed is irrelevant and doesn’t need anything more than a cursory examination. Such early insight can inform initial strategic decision-making and drive more favorable case outcomes. The legal community is slowly awakening to the harsh reality that the current E-Discovery process is slow, overly complicated, costly, error prone, and fraught with risk. Ultimately, adopting analysis technology is the only way corporate counsel and law firms can streamline the now overwhelming process while improving efficiency and maintaining more control over their own information. BT

LYNN BURNS

GUEST

The Summer is Hot PLTC’s busiest session

required to attend the next session, and that is not their preference. In the past, it was easier for local firms that take multiple students to spread their PLTC attendance equally over the three sessions. There were fewer students, some took the 1. Is PLTC any different now summer off, and the firm training than when The Law Society rotation meant it didn’t matter took over five years ago? which session a student attended. There have been many changes at Now, there are more students and Lynn Burns, Deputy Director, PLTC. One significant change is few take the summer off, but they’re Professional Legal Training that PLTC’s numbers are way up, not needed in the firms where Course, LSBC putting pressure on PLTC resources student offices are filled with second particularly during the summer year law students. Increasingly, firms want their new session. The profession is now very mobile, within articled students to attend PLTC in the summer. Canada and internationally. Due to the mobility rules, Together these factors have increased demand for lawyers from other provinces no longer attend PLTC. the PLTC summer session. Some foreign lawyers are also exempt from attendance. Nevertheless, PLTC enrolment has grown 3. What can be done to alleviate substantially. The province is booming. PLTC did not the pressure? anticipate such high enrolment and they are not sure if While PLTC ask all firms to spread their students over two or three PLTC sessions, it is clear PLTC it will continue. PLTC analysis now shows that more need to look at PLTC’s own policies and procedures students come from other provinces and the greatest to see how they can take more local students in the single increase is international. This makes for wonsummer. Some suggestions that have been made are derfully diverse classrooms, but no predictability. not workable for a variety of reasons. PLTC have 2. Some firms have been unable to enroll full time premises and excellent teaching staff year their students in the PLTC session round. Their contribution is generously supplementof their choice. Why does PLTC place ed by volunteers willing to share their expertise and restrictions on student enrolment? experience with the students. Some options PLTC PLTC has no restrictions on when students can enroll, are currently exploring include; an additional class, but PLTC does have registration deadlines and limited increased class size, and/or changes to PLTC’s enrolcapacity. Annually, over three sessions, (spring, summer ment procedures and priorities. None of these are and fall), PLTC can take approximately 400 students. without serious problems, including cost, tuition fees, Although PLTC’s numbers have increased, registration premises, staffing, recruitment of volunteers in the is still below that figure. However, the summer is hot! It summer, and the impact greater numbers would have is the most popular session by far. PLTC add two extra on the PLTC schedule and content. Of course, it is classes May-July, but there are still more applicants than extremely important that PLTC do not compromise PLTC can accommodate. Meanwhile, there’s room the effectiveness and quality of the course and its in the other sessions. As a result, some applicants are reputation for excellence. BT

arTalk interviewed Lynn Burns, a Deputy Director of The Law Society of B.C., and head of the Professional Legal Training Course, about what’s happening at PLTC.

August 2007 BARTALK

GUEST

MARK BENTON

Legal Aid Initiatives Benefit Lawyers and Clients

his fall, the Legal For instance, we’ve discovered – Services Society (LSS) much to even LSS’s surprise – that will complete a series early intervention with limited of significant tariff information and advice from improvements which we hope skilled lawyers very often results in will encourage more private lawspeedy, lasting and valued results yers to participate in the legal for clients. We’ve also found that aid system. during the legal process the more These are exciting and chalinvolved clients are in making lenging times for legal aid in B.C. decisions that affect them, the In addition to LSS’s work on the more satisfied they are with the Mark Benton tariff renewal project, which results. These lessons led us to Executive Director began in 2004 with an extensive examine how LSS services can Legal Services Society (LSS) review of how we compenbest benefit clients, and this, in sate lawyers, we have developed turn, led us to set legal aid renewal a number of successful and innovative programs as a strategic priority for the coming years. for clients. This work has led us to ask some We’re in the process of identifying concrete fundamental questions about the future of legal aid initiatives that will allow us to make a positive difand, in particular, how we can ensure LSS’s clients ference for clients – the kind of difference that not are getting the results they want and need from only helps them find enduring solutions to their LSS services. immediate legal problems, but supports them so they First, a word about tariff renewal. The changes can move on with their lives. We want LSS services we’ve made range from expanding family law to be available to clients where and when they need services, eliminating holdbacks and implementing them, and we want clients to be able to participate in tiered rates that recognize lawyers’ experience to solving or avoiding legal problems. adding quality assurance support and introducing To accomplish this, we must provide lawyers new payments for services in all areas of law (see the with resources and support so they can take a more report Overview of LSS Tariff Review and Renewal integrated approach to serving clients. This isn’t to [http://www.lss.bc.ca/assets/for_lawyers/Overviewof back away from LSS responsibility to provide clients LSSTariffReviewandRenewal2004-2007.pdf] on the with legal representation when that’s what they need; LSS website for more details). Together, the value of rather it’s to reach into a broader domain to get the these improvements is expected to reach about $13 best possible results for them. We will look at further – $14 million per year. We’re proud of this achievetariff improvements in this context. ment, and pleased that the changes have met with On behalf of everyone at LSS, I want to thank widespread approval and appreciation from the the many lawyers across B.C. who participated in legal profession. the tariff renewal consultations and who continue But we’re not stopping there. We’ve learned to provide advice and representation to LSS clients. important lessons from consultations with justice sysI hope more of you will join us as we move forward tem service providers and evaluations of LSS’s newer to make the B.C. legal aid plan ever more responsive programs, particularly LSS’s family law initiatives. to client needs. BT 18

BARTALK August 2007

PENNY CHOLMONDELEY

GUEST

New UBC Law Building Program Passes First Round of Approval by Board of Governors

en will soon be put to provided a $1 million leadership paper in the design of gift to kick-off the fundraising a planned state-of-theeffort. One of the new building’s art UBC Faculty of Law large lecture halls will be named building. First announced in 2006, Farris Hall to honour the firm’s the proposed project passed a critilong association with UBC. UBC cal milestone this spring when the also plans to name a prominent UBC Board of Governors granted lecture theatre “Ladner Hall” “Board 1” approval in principle in memory of UBC Alum and to the location, preliminary operrenowned B.C. lawyer Thomas ating and capital budgets, and E. Ladner, QC, in recognition of Penny Cholmondeley, schedule for the project. Next on a generous $1 million donation UBC Law Communications and Events Coordinator the agenda is the final selection of made by Borden Ladner Gervais the architect, made possible by the LLP (BLG) and the Ladner release of $200,000 from the Board of Governors for family. The Law Foundation of British Columbia conceptual drawings. This was the first opportunity generously provided $6 million to create a the University’s Board of Governors had to review matching fund for the first round of donations. the Faculty’s new building project, which has been Other significant gifts will be publicly announced in the planning phases for several years. in the coming months. Fundraising efforts will The proposed new building will be built on culminate in a broad-based appeal to alumni within the Faculty’s current site, completely replacing exist the next year. ing facilities in the Curtis Building and annexes. The preliminary timeline considered and Expanded and enhanced classrooms and research approved by the Board of Governors indicates the facilities are part of the preliminary plans, which also project could commence as early as the fall of 2008 include modernizing the law library and creating and see the Faculty move into its new facilities in central, prominent and publicly accessible clinical the summer of 2010. The Faculty will occupy swing space. The entire province of British Columbia will space on the UBC campus during the construction benefit from these changes. period. The rapid timeline reflects the University’s “The building will provide an enhanced learning and Faculty’s commitment to ensuring that the law environment that will allow us to continue attracting school remains at the forefront of legal education, and retaining the best and brightest students, faculty, in Canada and globally. and staff. It will help ensure future generations of “UBC Law’s faculty and students are among the law students receive an unparalleled education in best in North America and the world,” adds Dean the best possible environment,” says Dean of Law Bobinski. “The new building project will ensure that Mary Anne Bobinski. “The support we’ve received we can continue to prepare the graduates to assume from alumni and the profession so far has made an leadership roles in practice and in public service.” incredible difference in securing approval for this The Faculty is developing a “Building Update” much-needed project.” e-mail to update interested alumni and friends of the Initial support from the legal community has Faculty on the building project. To subscribe please been generous: Farris, Vaughn, Wills & Murphy LLP send an e-mail to: lawdean@law.ubc.ca. BT August 2007 BARTALK

GUEST

RAPHAEL TACHIE

Students for Success An innovative approach to teaching law

fter only a year of the law has differential impacts on law school, I am still people and that responses to this unsure about the impact can be very personal. nature of the realThe Faculty at UVic employ world of law. Despite this, I a variety of methods to show the believe that students from the impact of the law. Students are University of Victoria (UVic) will exposed to a range of pedagogical succeed in this world. Success, approaches that enable them to some say, is opportunity meetlearn not just the normative prining preparation; the curriculum, ciples but also the theory/rationale the mode of instruction and the underlying those principles. This Raphael Tachie is the Vice quality of the Faculty adequatediversity in teaching methods President, External of the Law ly prepare students for such allows students to assess their own Students Society at the Faculty an achievement. approach to the law. of Law, University of Victoria. If success in the world of Other techniques of teachHe is also the President of the Black Law Students Association law requires the ability to sift ing include combining lessons in of Canada. through facts, identify the legally contract and tort law to show how relevant issues, research the law certain issues straddle different and give legal opinion, then the struggle through areas of law in real life. Working in small groups Legal Research and Writing (LRW) was worth and role playing in some courses allow students to it. LRW instructs students in the mechanics of consider arguments surrounding an issue from sevdisentangling facts; recognizing legally relevant eral angles. If success as a lawyer lies in the ability to issues, conducting legal research, identifying the critically consider different ways of understanding relevant law and drafting legal memos in concise and practising law, UVic students are more than and logical manner. prepared to do that. UVic Law students can use their ability to Professors are there to help students with the research the law to effectively represent their clients. often difficult transition from undergraduate to The lessons learnt during the first year moot will be legal education. Their open door policy allows of great assistance in this regard. The moot provides them to engage students in meetings to help students students with their first tentative steps into legal find solutions to challenges such as disappointadvocacy. With sweaty palms and quivering voices, ing grades on exams. They help students examine UVic students learn to advocate for their clients, in different techniques of studying and identify spite of their personal opinions. alternate strategies for success. UVic students Legal Process provides an opportunity for learn to gauge their abilities, reassess strategies students to learn that the practice of law requires where they have been ineffective and find ways (at times) that advocates separate their personal to improve. beliefs from a clientâ&#x20AC;&#x2122;s position. Innovative methods Given the opportunity UVic students will show of instruction place students in situations where that the curriculum and how it is taught at the law they are forced to learn how to effectively balance school sufficiently prepare them to not only succeed often competing positions. Students discover that but also excel in the real-world of law. BT 20

BARTALK August 2007

LAWYER REFERRAL SERVICE

Ravi Hira, QC Watson Goepel Maledy LLP

REFERRALS BY AREA OF LAW July 2006 - May 2007

avi Hira, QC of Watson Goepel Maledy LLP believes that lawyers of any age, at any point in their career, can benefit from participating in the Lawyer Referral Service (LRS). In operation since 1955, the LRS is designed to encourage members of the public to meet with a lawyer if they find themselves in a situation where access to legal expertise might be beneficial or necessary. Lawyers registered in the LRS agree to provide a consultation of up to 30 minutes for a nominal fee of $25. Ravi says “the larger downtown law firms can also subscribe to the Lawyer Referral Service and I know a very senior partner of a downtown law firm who gets referrals in the tax area and is able to assist the public.” First introduced to the service by his wife (The Honourable Judge Thérèse Alexander), Ravi has been involved in the program for more than 15 years and sees the service as an ideal way “to introduce the public to lawyers and give them access to legal services.” LRS operators receive initial telephone inquiries, determine the nature of the caller’s legal problem and provide the name of a lawyer in the caller’s community. The lawyer is then notified of the referral. It is the caller’s responsibility to arrange a suitable appointment time with the appropriate lawyer. The LRS receives about 60,000 inquiries each year and makes more than 33,000 referrals. A significant number of calls to the service result in billable activity. Ravi Hira describes the program as “an opportunity to meet potential clients, to help people, and to develop clients – it’s a win-win situation.” The LRS, which is funded by the Law Foundation of B.C., is a key program of the Canadian Bar Association B.C. Branch. It works to connect the profession with the general public while breaking down barriers that can impede access to justice. Ravi says that the LRS is a “CBABC program that greatly benefits the Bar and is a prime example of why all lawyers should support a strong and vibrant association.” To enroll in the LRS please visit www.cba.org/ BC/Initiatives/main/lawyer_referral.aspx, download an application form and fax the completed form to 604-669-9601 or toll free 1-877-669-9601. Contact the LRS in the Lower Mainland by calling 604-687-3221 or outside the Lower Mainland at 1-800-663-1919 (B.C. access only). BT August 2007 BARTALK

EVENTS | BRAVO

Vancouver Lawyers Rock Again for Charity Nine Vancouver rock bands comprised mainly of lawyers competed again on June 8th this year in the Sixth Annual Battle of the Bar Bands to raise money for the CBA (B.C.) Benevolent Society. The event was held at the Commodore Ballroom, Vancouver’s premier rock venue, and the bands played to a sold out house. The fundraising was the best effort ever with ticket sales and firm and corporate donations approaching $80,000. Rick Cluff of CBC Radio One’s morning show, The Early Edition, served as emcee again and delighted the crowd with his witty introductions and between-acts patter.

Mr. Fancy Education musicians (left to right): Patrick Aldous, drums and vocals (Atkins & Company); Kevin Coles, lead guitar and vocals (cool guy who hangs out with lawyers); Brian Wallace, QC, William Shatner impersonator (Lawson Lundell); Michael Bain, bass and lead vocals (Hamilton Howell, ex-pat Lawson Lundell); Tom Woods, guitar (Lawson Lundell); and Melissa Yeung, keyboards (Lawson Lundell).

The winning band this year was Mr. Fancy Education, comprised mostly of lawyers from Lawson Lundell. Their set included performances of “Honey Hush” by Paul McCartney, “Walkin’ on the Sun” by Smashmouth and “I’m the Man” by Joe Jackson. The real show-stopper however was Mr. Fancy’s performance of the Ben Folds Five version of “Common People” featuring Brian Wallace, QC performing the petulant, spoken word role played by William Shatner in the recording and on the YouTube video. For video clips of Mr. Fancy Education’s performance at the Battle and other information about the band, visit www.mrfancyeducation.ca. The calibre of the music at the Battle of the Bar Bands reaches higher levels each year. All the bands put in outstanding performances. Second place in the competition this year went jointly to Twisted Solicitor (McCarthy Tétrault) and Novel Positions (with players from numerous firms). Honours for top law firm sponsor were taken again by McCarthy Tétrault and those for the top corporate sponsor went to NUVO Magazine. Acknowledgement is also due to the Battle’s organizing committee, Derek Brindle, QC (Singleton Urquhart), Roger Holland (Singleton Urquhart), Stephanie Hacksel (ZSA) and Tom Woods (Lawson Lundell).

11th Annual CBA/VBA Golf Tournament Breaks Records The 11th annual Canadian Bar Association/Vancouver Bar Association Golf Tournament held on June 21, 2007 was the most successful tournament to date raising more than $12,000 in support of the Law Student Awards fund. After many bogies, pars and an eagle or two, golfers headed for the “19th Hole” for a fabulous buffet dinner and slide show featuring all the participants. Featured winning Teams are: First Place • Joe Doyle • Don Remenda • Alan Rose • Mike Tammen Men’s longest drive • Craig Ash (1st) • Jim Baily (2nd)

Second Place • David Dundee • Mark Home • Gordon MacRae • Katherine MacRae

Woman’s longest drive • Anna Fung, QC (1st) • Stacey Briggs (2nd)

Third Place • John Grieve • Mike Kennedy • Lance MacGregor • John McEwon

Men’s closest to the pin • Scott Urquhart (1st) • Clay Whiteman (2nd)

Women’s closest to the pin • Gina Henley (1st) • Miha Accettura (2nd)

Four golfers sank a 35 foot putt in the annual putting contest! A silent auction was held during dinner with amazing prizes that included weekend getaways, drivers, and more. The 50/50 contest netted the winner $342.50. Special thanks to all our sponsors and generous golfers who contributed to the success of the event. 22

BARTALK August 2007

CALENDAR | BRAVO

UBC Faculty of Law Mentorship Program and Reception UBC Faculty of Law Career Services Office and the CBABC will be hosting their annual Mentor Reception in October. This reception is a chance for volunteer mentors to initially meet their assigned law student. The Mentorship program is an excellent opportunity for law students to gain an inside perspective on the legal profession. Mentors and students are paired up based on the area of practice the student is interested in. Mentors are encouraged to interact with their student in whatever way works best for the pair, but could include discussing files, observing court appearances or talking about the life and work balance in the legal profession. The Mentorship Program is run on a volunteer basis and lawyers interested in participating should contact the UBC CBA Student Representative Shane Hopkins-Utter at ubc_cba_mentorship_program@yahoo.ca. This is a great chance to help out budding lawyers and encourage CBA membership. A free public forum in recognition of International Women’s Week was held on March 10, 2007 at the Bell Centre for the Performing Arts in Surrey. A panel of five speakers, moderated by Renu Bakshi of CTV was based on “Hidden Victims a Forum on Family Violence.” The Lawyer Referral Service of the Canadian Bar Association B.C. Branch provided a display on the Dial-A-Law/Lawyer Referral program and was represented by three staff members. Left to right: Annie Chen, Bianca Bishop and Christine Zhang.

Top Firms Put HELM on the Map The inaugural Legal Marketing Association – Vancouver Chapter HELM Awards (Honouring Excellence in Legal Marketing) was held on June 14, 2007. The HELM Awards recognize strategy, creativity, achievement and overall excellence in legal marketing initiatives undertaken by lawyers and their firms. A prestigious judging panel from the business community reviewed nominations and selected the following award recipients:

August – September 2007 (see cba.org/bc for details)

Branch and Bar Calendar

u Young Lawyer Award – Chris Bennett, Davis LLP u Firm/Marketer of the Year – Alexander Holburn Beaudin & Lang LLP u Lifetime Achievement Award – John W. Elwick, Partner, Alexander Holburn Beaudin & Lang LLP u Managing Partner Award – William Westeringh, Managing Partner of Fasken Martineau DuMoulin LLP u Corporate Social Responsibility – Farris, Vaughan, Wills & Murphy LLP

August 12-14

CBA Canadian Legal Conference (Calgary, Alberta)

August 21-25

International Association of Young Lawyers: 45th Annual Congress (Toronto, Ontario)

September 6-9

Cariboo Bar Association AGM (Wells, British Columbia)

September 11

New Westminster Bar Association Annual Bench & Bar (Westminster Club)

September 13

CBABC Section Chair Orientation (Law Courts Inn)

September 13

Executive Committee (CBABC Boardroom)

September 26

Fraser Valley Bar Association Meeting (Melange Restaurant)

September 29

Canadian Bar Association, British Columbia Annual General Meeting and Provincial Council (Delta Airport Hotel, Richmond) August 2007 BARTALK

member services The Canadian Bar Association offers member discounts on sports, events, entertainment, hotels, travel and many other services. For further information on these and the many other member discount offers visit our website at http://www.cba.org/BC/ Membership/main/member_savings.aspx

Legal Recruitment The Counsel Network offers an exclusive Preferred Recruitment Benefits Package for member law firms of the Canadian Bar Association. New, innovative and unique, the Preferred Recruitment Benefits Package is a valuable benefit of CBA membership. Designed for law firms, this package offers premium enhancements and discounts over regular recruitment services, fees and benefits.

Insurance The Canadian Bar Insurance Association (CBIA) offers 15-25 per cent savings on Personal Term Life Insurance, up to 50 per cent savings on Personal and Business Disability Expense Insurance and plans for your retirement.

Financial Canadian Bar Association Financial Services (CBAF): is a not-for-profit corporation controlled and directed by lawyers. CBAF provides and offers various financial products and services to members of the legal community, their families and employees including superior, low cost financial and investment services, specifically tailored to their needs.

Document Finishing Equipment International Binding & Laminating Systems Inc. offer members 15-20 per cent discounts on products and services.

BARTALK August 2007

Sports CANUCKS Canuck tickets will be available in September. Reserve your tickets now to avoid disappointment at members@bccba.org

Lions Tickets Come join in the excitement as Dave Dickenson, Geroy Simon, Jason Clermont and the BC Lions work toward another Grey Cup win. 15 per cent of each ticket sold will go toward the CBA (BC) Benevolent Society. This is a great opportunity to raise funds for a worthwhile cause.

Playland/PNE This yearâ&#x20AC;&#x2122;s program offers CBA members and their families savings of up to 24 per cent on tickets to various PNE events including Playland, The Fair at the PNE, Fright Nights and other special events held at the PNE.

Communications Rogers Wireless CBA members receive exclusive pricing and airtime options.

Enunciate CBA and Enunciate have partnered to offer you professional and effective conferencing solutions. CBA members have access to wholesale prices, per second billing, online account management and much more.

Document Destruction and Information Management Secruit/Shred-it provides the highest level of information security through Securit Records Management and Shred-it Document Destruction. It offers a customized off-site information management solution, from active file management and long-term box storage to media vault programs providing controlled environments. Your confidential documents are disposed on-site using proprietary technology in mobile shredding trucks to ensure the most efficient destruction. CBA members receive preferential rates for both information management and document destruction services.

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.

Dan Moseley has joined the firm of McQuarrie Hunter as an associate. Mr. Moseley practises at McQuarrie Hunter’s Surrey office located on 104th Avenue in the areas of commercial and contract law, construction litigation, real estate litigation, employment law and personal injury claims. Robert D. Diebolt, QC, Professor Emeritus and former Associate Dean of

U.B.C. Faculty of Law, has joined Nathanson, Schachter & Thompson LLP as Associate Counsel.

Dan Moseley

In June 2007, Peter Torn joined Lang Michener’s Vancouver office, coming from Parlee McLaws Edmonton and Calgary offices. Mr. Torn is an associate in the Securities Practice Group, and was called to the Bar in 2006. In June 2007, Sandy (Ningyan) Wang joined Lang Michener’s Vancouver office as an associate in the Securities Practice Group. Ms. Wang has five years of experience practising law in the People’s Republic of China (PRC), and remains qualified to practise law in the PRC. In May 2007, Josh Schmidt joined Lang Michener’s Vancouver office as an associate in the Securities Practice Group. Mr. Schmidt was called to the Bar in May 2007. In May 2007, Marnie Foster joined Lang Michener’s Vancouver office as an associate in the Business Law Practice Group. Ms. Foster was called to the Bar in May 2007. Daniel Dex was called to the Bar in British Columbia in May 2007. Mr. Dex has been an associate in the

Securities Practice Group at Lang Michener since May 2006, and was previously called to the Bar in the United States in 1996. Dana Duncan has joined Nash & Company to continue her litigation practice. Most recently, Dana was a

partner of Ogilvy Renault in Vancouver. David A. Liden has joined the Vancouver law firm Remedios & Company as senior associate counsel to continue his commercial and residential real estate and corporate and commercial practice. Andrew Spence, formerly of Macaulay McColl, has recently joined the firm of DuMoulin Boskovich where he will continue his litigation practice.

As of June 1, 2007 RYAN T. ASHMEAD has joined Koffman Kalef LLP as an Associate where he will practice Securities Law. Davis LLP welcomes former associate Chris Bennett to the Partnership. Chris has built a strong practice in Intellectual Property (Trademarks), Technology, Franchising and Distribution, Privacy and Video Game Law. Davis LLP is pleased to welcome new associates Maggie Campbell (Litigation), Chris Metcalfe (Intellectual Property and Patents, Corporate/Commercial/M&A) and Kate Saunders (Health, Human Rights and Privacy Law) to the Vancouver office on completion of their articles in May 2007. Although Tony Wilson’s “Nothing Official” column may be the first thing B.C. lawyers read in BarTalk, others seem to be reading him too. Out of almost 50 nominations, Nothing Official was voted by the Western Magazine Awards Foundation as one of the four top regular magazine columns in Western Canada. Congratulations Tony!

August 2007 BARTALK

cbabc partners | Membership

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

CLEBC Update Vehicle Insurance: British Columbia Legislation and Commentary

Regular Members Jennifer Bergman Watson Goepel Maledy LLP Vancouver

Karine Grubb Borden Ladner Gervais LLP Vancouver

Alakananda Chatterjee Gowling Lafleur Henderson LLP Vancouver

Margaret Hall McLellan Herbert Vancouver

Geraldine Chen Greiner, Bethell & Company Burnaby

Kristil Hammer Borden Ladner Gervais LLP Vancouver

Daniel D. Dex Lang Michener LLP Vancouver

Satprakash Harwood Ratcliff & Company LLP North Vancouver

Robert L. Galletti Bacchus Law Group Vancouver

Elizabeth Jawl MacKenzie Fujisawa LLP Vancouver

Catherine M. Graham Gowling Lafleur Henderson LLP Vancouver James D.T. Jermyn Borden Ladner Gervais LLP Vancouver Hayley D. Laker Moskowitz & Meredith LLP Vancouver Lindsey LeClair DuMoulin Boskovich Vancouver Drew Mildon Woodward & Company Victoria Greg Smith Borden Ladner Gervais LLP Vancouver Elaine Tham Borden Ladner Gervais LLP Vancouver Ningyan Wang Lang Michener LLP Vancouver

Articling Students Ilan Burkes Vancouver Julia Dmytryshyn Kornfeld Mackoff Silber LLP Vancouver Alexander Fane Bull, Housser & Tupper LLP Vancouver Michael Fulton Kamloops 26

BARTALK August 2007

Aurora Johannson Kelowna Michele Kim Fasken Martineau DuMoulin LLP Vancouver Leo Lane Legal Services Society Vancouver Chris Lemon Richards Buell Sutton LLP Vancouver Caroline MacDonald Burns, Fitzpatrick, Rogers & Schwartz LLP Vancouver Rina Maharaj Bull, Housser & Tupper LLP Vancouver Sarah McEachern Borden Ladner Gervais LLP Vancouver Eva Ross Vancouver Andrew Schafer Bull, Housser & Tupper LLP Vancouver Matthew Siren Edwards, Edwards & Edwards Burnaby Sanjukta Tole Bull, Housser & Tupper LLP Vancouver Joanna Track Lidstone, Young, Anderson Vancouver

CLE is delighted to announce the new Vehicle Insurance: British Columbia Legislation and Commentary â&#x20AC;&#x201C; your guide to the recent changes to vehicle insurance in British Columbia. The Insurance (Motor Vehicle) Act and the Revised Regulation (1984) Under the Insurance (Motor Vehicle) Act are renamed the Insurance (Vehicle) Act and Insurance (Vehicle) Regulation, a new optional insurance part has been added, and many sections have been amended, moved around, or repealed. This convenient book includes an overview of the Insurance (Vehicle) Act and Regulation by Don Yule, QC, a leading insurance practitioner, highlighting major changes and new provisions. His commentary, included throughout the consolidated versions of the Act and Regulation, along with the June amendments below each section of the legislation, help practitioners to understand the changes and easily compare the old and new versions of the legislation. Tables of concordance and a comprehensive index help to make this new book an indispensable tool for finding your way around the new legislative scheme. For more information, and to place an order, visit http://www.cle.bc.ca/cle/publications/default.htm or call CLEBC Customer Service department at 604893-2121, or toll-free in Canada, 1-800-663-0437.

Sarah Vanderveen Edwards, Kenny & Bray LLP Vancouver Kylie Walman Borden Ladner Gervais LLP Vancouver Eric Yeung Borden Ladner Gervais LLP Vancouver

Jasroop Grewal Vancouver Noah Sarna Boughton Law Corporation Vancouver Jeannine Tse Vancouver

Associates

Law Students

Helena Margaret Clift Vancouver

Dana K. Boutilier Dempster Victoria

Jane Victoria Helen Williams London

GRANTS APPROVED $73,586 PACIFIC ASSOCIATION OF FIRST NATIONS WOMEN Section 84 Environmental Scan $68,551 OKANAGAN ADVOCACY AND RESOURCE SOCIETY Regional Training Advocacy Project

The Board of Governors of the Law Foundation of B.C. met on June 16, 2007. Chair Warren Wilson, QC is pleased to announce that funding totalling $2,454,477 has been approved for the following: Funding totalling $1,743,480 was approved for the following 31 Projects under the 2007 Large Projects Initiative (56 projects were not funded): $75,000 B.C. COALITION TO ELIMINATE ABUSE OF SENIORS Older Adults Law Clinic Needs Assessment Project B.C. LAW INSTITUTE Employment Leave and Other Entitlements in Relation to Care Giving for Family Members Project CANADIAN BAR ASSOCIATION, B.C. BRANCH Aboriginal Student Scholarship Project CANADIAN MENTAL HEALTH ASSOCIATION – B.C. DIVISION Mental Health Diversion Project CONTINUING LEGAL EDUCATION SOCIETY OF B.C. Land Title Practice Manual Online PARENT SUPPORT SERVICES OF B.C. Grandparents Raising Grandchildren – Legal Research and Workbook Project PRO BONO LAW OF B.C. AND WESTERN CANADA SOCIETY TO ACCESS JUSTICE IN ASSOCIATION WITH THE SALVATION ARMY PRO BONO PROGRAM Pro Bono Coordination and Cross-Referral Project UNION OF B.C. INDIAN CHIEFS Specific Claims Research Workshops VANCOUVER COMMUNITY COLLEGE FOUNDATION Multilingual Online Glossary of Legal & Court Related Terms: Developing an Additional Language Multilingual Online Glossary of Legal & Court Related Terms: Development of Immigration Law Multilingual Online Glossary of Legal & Court Related Terms: Development of Family Law WEST COAST PRISON JUSTICE SOCIETY Prisoners’ Human Rights Project

$68,350 YOUNG WOMEN’S CHRISTIAN ASSOCIATION OF VANCOUVER (YWCA) Legal Education for Women Project $60,000 LAW COURTS EDUCATION SOCIETY ON BEHALF OF SUPREME COURT SELF-HELP INFORMATION CENTRE ADVISORY COMMITTEE Research into Providing Self-Help Services – Supreme Court Family/Civil Litigation $57,000 ELIZABETH FRY SOCIETY OF GREATER VANCOUVER Securing the Rights and Healthy Futures for Children of Offenders

$16,800 PRO BONO LAW OF B.C. IN ASSOCIATION WITH THE CENTRE FOR SUSTAINABILITY 2007 Non-Profit Law Seminars $15,000 VOICE OF CEREBRAL PALSIED OF GREATER VANCOUVER Reprinting the How to Create a Trust: A Resource Guide for People Receiving Persons with Disabilities Benefits and their Families $10,000 B.C. COUNCIL OF ADMINISTRATIVE TRIBUNALS Manual for Adjudicators

Funding totalling $50,000 was approved for the following Family Innovation Fund Project: INTERNATIONAL INSTITUTE FOR CHILD RIGHTS AND DEVELOPMENT Child Participation in B.C. Family Legal Processes

$55,000 WOMEN’S LEGAL EDUCATION AND ACTION FUND (LEAF) Monitoring Equality Jurisprudence and Legal Trends

Funding totalling $660,997 was approved for the following seven Child Welfare Fund Projects:

$50,500 SOCIETY FOR AFFORDABLE HOUSING EDUCATION, AWARENESS AND DEVELOPMENT (AHEAD) Residential Tenancy Act Course Materials Revisions

$142,500 SCW’EXMX CHILD AND FAMILY SERVICES Interior Delegated First Nations Child and Family Advocate/Circle Facilitator (Year 1)

$50,000

$100,000

DUCKS UNLIMITED CANADA Green Infrastructure Bylaw Initiative

KLA-HOW-EYA ABORIGINAL CENTRE Focus on Alternate Dispute Resolution for Aboriginal Children (Year 1)

LEGAL SERVICES SOCIETY ON BEHALF OF PUBLIC LEGAL EDUCATION AND INFORMATION WORKING GROUP OF B.C. Public Legal Education and Information Working Group Portal Website

NORTHWEST INTER-NATIONS FAMILY AND COMMUNITY SERVICES SOCIETY Family Group Conferencing Project (Year 1)

SMART GROWTH B.C. Affordable Housing Policy Reform Strategy UNIVERSITY OF B.C., FACULTY OF LAW UBC Okanagan Entrance Scholarships $40,893 MOSAIC Multilingual Legal Website: Documents Translation Project $40,000 UNIVERSITY OF B.C., FACULTY OF LAW Public Access Launch of the Centre for Global Environmental and Natural Resources Law $37,800 NORTH CARIBOO MÉTIS ASSOCIATION Métis/Aboriginal Youth Justice Advocate $30,000 DOUGLAS COLLEGE FOUNDATION Legal Studies Diploma Program Endowment Project $20,000 UNIVERSITY OF B.C., FACULTY OF LAW Aboriginal Justice Conference: The Practice of Aboriginal Rights and Aboriginal Title

NUU-CHA-NULTH TRIBAL COUNCIL USMA Nuu-Cha-Nulth Alternate Dispute Resolution Project (Year 1) GITXSAN CHILD AND FAMILY SERVICES SOCIETY Family group conferencing and advocacy project (Year 2) $98,497 VANCOUVER ABORIGINAL AND FAMILY SERVICES Family Group Decision Making Conference Project (Year 1) $20,000 FAMILY SERVICES OF GREATER VANCOUVER Development grant – Aboriginal Mediation Services for Lower Mainland Families

For full details of the programs and projects that received funding, please visit The Law Foundation of British Columbia’s website at www.lawfoundationbc.org. August 2007 BARTALK

classified ads

AUGUST 2007

Services

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: September 7

$25 $50

display

3” x 2.5” CBABC Members/Firms Commercial Organizations 6” x 2.5” CBABC Members/Firms Commercial Organizations Next deadline: September 7

insert (all of B.C.)

CBABC Members/Firms Commercial Organizations Next deadline: September 15 Next mailing: October 5

$450 $900 $810 $1,620

$1,200 $2,400

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

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

The 2007 Law Student Edition of the National will be published in early September. Copies will be mailed out to each law school and an e-mail link to the online version will be circulated. Stories covered this year include five new practice areas that didn’t exist ten years ago, the changing face of law school faculty, and tips and advice from nine established lawyers to today’s new graduates. Shorter items will focus on conflicts of interest for students, what firms expect from their summer students, and trends in associate recruitment.

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

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 August 2007

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

Law Student Issue – National Magazine

Practice Restricted To WCB

B ARRISTER & SOLICITOR

Property, Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca.

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