BarTalk | August 2009

BARTALK RE-DESIGN | Gang War Forum | wilson on POLICE

august 2009 | www.cba.org/bc

New Civil and Family Rules

Page 13

letters response to the April issue bartalk Senior Editor

Jesse Tarbotton BarTalk Editor

Deborah Carfrae Staff Contributors

Fran Hodgkins Meghan Kavelman Jineane Payne 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

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. © 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 6,200 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

2 BarTalk / AUGUST 2009

There Could Be Blood and Appreciation There Could Be Blood: Tony Wilson I read with interest and general approval Tony Wilson’s article “There Could Be Blood” in your April 2009 issue. I have two comments to offer: 1. In my humble opinion out sourcing legal work to India (which I have been approached numerous times to do) has always struck me as not in the least being in the best interests of my clients, the profession in B.C. or the general development of our law. It seems to me to be suicidal – shipping expertise regarding our own jurisprudence to another country. I, for one, will never do it. It’s like a farmer selling ALL of his seed this year because the price is good.

What about the future?

2. As primarily a litigation lawyer I do take some offence as potentially being characterized as an “expensive outhouse lawyer.”

“Expensive” I may not chafe at too much, but an “outhouse lawyer?”

Speak for yourself Tony!

— John Campbell Barrister & Solicitor Straith & Company

Greater Vancouver Food Bank Society Says Thanks On April 12, 2009 more than 100 Lower Mainland lawyers and their families participated in the sixth annual CBABC Law Week Fun Run helping raise $1,000 for the Greater Vancouver Food Bank Society.

This one thousand dollars allows us to purchase three thousand dollars in food as our purchasing

power is so strong that for every dollar received we are able to purchase three dollars in food.

Thanks to fundraising events like this Fun Run, the Greater Vancouver Food Bank Society is able to feed up to 9,000 people each week. The need has never been greater with the strong economic downturn and with local companies either closing or laying off their employees. The GVFBS relies on the generosity of the public to continue operating. We do not receive any government funding.

We hope that this event will mark the start of a strong relationship between the B.C. Bar and the Food Bank. Our sincere thanks to all the lawyers, families and CBABC staff who participated and in doing so recognized and supported the important work of our Society.

— Doug Eason Director, Community Investment Greater Vancouver Food Bank Society

Write Us 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 Note: BarTalk undertakes every effort to publish letters to the editor, subject to space and editorial discretion.

Letters to the editor can also be found in BarTalk Online at www.cba.org/bc.

august 2009

volume 21 / number 4

Contents

Departments

4 From the President My Thanks by Miriam Maisonville 5 Executive Director

Keeping It Simple by Caroline Nevin 6 Nothing Official How to Defend Yourself... by Tony Wilson 7 On the Web

What Does the CBA Do For You by Patricia Jordan 8 Practice Talk Embracing Change by David J. Bilinsky 9 dave’s tech tips

Sections

10

Section Update Criminal Justice – Vancouver Class Action Family Law – Victoria Intellectual Property and Technology Law

11

Chatter with Chairs SECTION News

Inside This Issue New Rules – Just one week before BarTalk presstime, after an exhaustive consultation process, Attorney General Michael de Jong, QC and Supreme Court Chief Justice Donald Brenner announced new civil and family rules. This issue of BarTalk features a summary of CBABC’s many contributions to the rule changes (p. 13); New Look – You spoke, we listened.

BarTalk’s much-anticipated full colour design is now in your hands (p. 12); New Series – Guest contributors Walter Rilkoff and Amir Ghahreman present the first of a series of articles about ethics and the law (p. 15); New Name – Kevin Smith writes on the re-branding of the former Law Courts Education Society and its successful Gang Wars Forum (p. 16).

News and Events

14 THE B.C. LAND SUMMIT

by Sheila Harrington

18 Fran Hodgkins Devotes 25 Years to CBABC A Real Virtual Law Firm 19 BarTalk Cover Art Competition Lawyer Referral Service Minimum Sentences for Drug Offences Opposed

CBA Mentorship Program Helps Law Students 20 Golf Tournament Teed Up 21 Court Services Committee

Beyond Our Borders: International Focus on Access to Justice

Branch & Bar Calendar 22 Identity Theft Legislation: CBA Supports the Aims of Bill S-4

Seeking Nominees for WLF Awards Expanded Practice Resource Human Rights Award

15 The Ethics of Negotiation

by Walter Rilkoff and Amir Ghahreman

Also In This Issue

2

Letters

Features

12 From Staid to stimulating

Readers shape BarTalk’s new design

by Jesse Tarbotton and Dierk Ullrich 13 New civil and family rules A revision for the 21st century

by Stuart Rennie

Guests

16 Justice Education Society Hosts

Gang Wars Forum

by Kevin Smith 17 Innovation In Legal Information Delivery

by John Simpson

23 Grants Approved 24 Member Services 25 Classifieds 26 Bar Moves & New Members AUGUST 2009 / BarTalk 3

From The President miriam maisonville

My Thanks A Year at the Canadian Bar Association, B.C. Branch.

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hat a year it has been. I have been deeply honoured to be the Canadian Bar Association B.C. Branch President. We are now at an all time high in our membership numbers in the post universality world. We have great Sections – and new ones continue to be created. Our Women Lawyers Forum is more active than ever with the possibility of new Chapters being created.

What is incredible is the number of new friends I have made and the things I have learned.

One thing that is certain is I could not have enjoyed my year without the help of several people – starting with the unerring help, support and friendship of Caroline Nevin, our indefatigable Executive Director. It is no secret: we in B.C. know that our Executive Director is the best in Canada! Also our brilliant and gifted Executive, starting with James Bond, our incoming President from whom I expect great things, as he has already shown; Stephen McPhee our Secretary/Treasurer, unbelievably knowledgeable and engaged, who will make a great President; my fellow Executive Officers, Jennifer Spencer, our Equality Representative; Kerry Lynn Simmons, our Young Lawyer Representative; Executive Officers, Marina Morgan and Michael Dunn; and, until her appointment, the now Honourable Judge Susan Wishart.

CBABC staff have been incredible – to each of you I owe thanks.

Joanne Silver and I had several interesting CBABC road trips and I thank her for her sage counsel and support. The talent pool that we have at Judicial Council is, as well, incredible. Our Section leaders and Elected members are an incredible resource. And to Past President, Ken Walton, QC goes my greatest

4 BarTalk / AUGUST 2009

thanks for teaching me how to be a good President from the day I was elected Secretary/Treasurer. His unflagging encouragement and guidance enabled me to take on this role and it’s through his teachings that I saw the word mentor in action. I would also like to thank all the Past Presidents I have had the great honour and pleasure to serve with and try to emulate, including Justice Frits Verhoeven, QC and Meg Shaw, QC. What have I learned? That we have so many incredibly talented committed lawyers in this province that I was amazed every day.

Many modestly work behind the scenes but seek to avoid recognition. In my position at the CBABC, I came to know better the role of our Benchers and the incredibly hard work they devote to the profession – I came away from a year observing our Benchers in action with a better understanding of the hard work they do every day to

ensure the public is served by the Law Society. The Judicial Council of British Columbia strive to ensure the best appointment process to the Provincial Court Bench is practised. At the CBABC itself we have lawyers happy to help out on everything from a review of legislation; meeting with a student or junior lawyer; writing a memo on a case; acting pro bono; and, helping each other. We also have people who advise and report on courses of action to take. All of these contributions make the CBABC a truly great association to be a part of. I would like to encourage all of you to take part. With the CBA it can be whatever you wish to make of it – there are national committees to serve, provincial or Section or conference and forum involvement. Frequently there are openings for appointments to outside bodies – at the next opportunity I urge you to consider putting your name in.

What you will get back I can assure you will be far more than you put in.

To all of you I thank you – you are the CBABC.

Miriam Maisonville

president@bccba.org

executive director caroline nevin

Keeping It Simple Meeting PD requirements can be easy.

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here are days when the sheer volume of demands from work, friends, children, spouses, parents, volunteer agencies and others is too much. If we’re very lucky, the summer gives us some time to catch our breath. But these days the fast pace of life is hard to escape, and it’s easy to feel isolated and overwhelmed by our inability to deliver on all fronts at once. The lawyers and staff of the CBA know this well, and we are committed to helping to relieve that pressure wherever we can.

People sometimes ask me why the CBA matters. From my perspective, it’s not hard to answer: we matter because lawyers working to make life easier for other lawyers matters.

We aren’t a big bureaucracy; we are a grand total of about 150 staff spread across ten provinces and three territories.

That’s the equivalent of the Law Society of B.C. staff size, except we serve lawyers all across this huge country. We can do this because we run primarily on the goodwill and energy of lawyers who volunteer their time to contribute on behalf of the whole profession. Others do their part by supporting us financially. And in return, we run programs and services designed to make life in law better, and to deliver on our collective belief that lawyers can and do make a positive difference in our world.

A very clear example of the CBA’s value is our commitment to making Professional Development as easy and enjoyable as humanly possible.

Our internal theme (not our external marketing theme!) is “Happy PD for Smart People.” Our goal is to develop programs and services that people want to engage in; programs you enjoy, not endure, and that you consider a great value as part of CBA membership.

We all know that the Law Society has made it mandatory to take at

least 12 hours of professional development, including a specific two hours of professionalism/ethics/practice management content. The deadline is December 31, and it’s fast approaching. For some people, the PD requirement is easily met; for many others it can be more challenging, especially when self-study doesn’t count. We’re all busy, not all of us live in the Lower Mainland, and while we may enjoy PD when we can make time for it, there isn’t always something available for a good price at a good time in the right location. The CBA has been working to change that, by creating programs that can be delivered inperson and shared across the province, and by being completely open to any ideas that local lawyers have for relevant PD for their area.

Sections – all 72 of them – are one of the smartest, most productive and accessible ways to rack up PD hours. And lots of people are taking advantage of our PD

programs like the Los Angeles Conference in November (which provides the complete 12 hours in one great package!) and our fabulous online programs for bite-sized PD close to home. CBA members have an exceptional “edge” over non-members too, in being able to access CBA programs in every jurisdiction in Canada. This is particularly important if your practice involves areas of law that are trans-jurisdictional or related to federal legislation. When you join the CBA, you join a truly National organization that gives you benefits across the country.

In addition to creating and delivering great PD, we also automatically record your attendance at CBA PD, so you have an online record you can print out (or copy and paste electronically) when it’s time to fill-in your report to the Law Society. The CBA is committed to making life easier for you, and that includes making the task of meeting – and recording – your PD requirements easy as well. Feel free to let us know if you have suggestions for how we can do even better.

Caroline Nevin

cnevin@bccba.org AUGUST 2009 / BarTalk 5

nothingofficial TONY WILSON

How to Defend Yourself...

Against a man armed with a banana.

F

or those of you who don’t know, our Law Society’s President, Gordon Turriff, QC has been touring the province giving speeches to various communities and organizations on what lawyers do, why we need them, and the role of the Law Society in regulation of the legal profession. I went to one of his first speeches in New West, not only because I live there, but because I feared if I didn’t show, he’d be speaking to a room full of empty chairs and I’d be chastised for not strolling three blocks from my house to fill a seat in the New West Library. I was wrong. More than 40 people showed up on a night they could have stayed home and watched TV. Mr. Turriff said lots of things that night, but what struck a chord for me was his view that as bad as criminals, gangs and terrorists are, nothing is worse than the power of the state when that power is abused. That’s one reason why we have the Rule of Law and why lawyers are sworn to uphold that rule. It’s to prevent the state from inching its way into a police state. Zimbabwe was given as an extreme example of a state where there is no Rule of Law. But Zimbabwe is just the easiest example of state power gone wild.

The world is filled with political regimes that trample on rights, incarcerate without due process and engage in torture and state sanctioned murder. Fortunately, the opportunity to descend into a “thugocracy” is limited in those nations that have a free press, an active Bar, and an independent judiciary. But, I would have to add, also plenty of video cameras.

I like the police. It’s a tough job to deal with bad people. But my own faith in what the police do has been shaken by the revelations from the Braidwood Inquiry on the death of Robert Dziekanski at YVR by four RCMP officers, who as we all know by now, tasered 6 BarTalk / AUGUST 2009

the Polish immigrant without spending any time trying to defuse the situation. How do we know how much time? Because everyone in the world who saw the video on YouTube counted the seconds.

With apologies to Karl Marx, history repeats itself, first as tragedy, then as farce, and finally as an old Monty Python sketch. It seems Mr. Dziekanski was tasered four or five times because… he was armed with a banana. Oh sorry. I meant a stapler. I have two staplers on my desk as I write this.

They are verrrry scaaaary things.

But the whole thing is more complicated than how dangerous a banana (sorry… stapler) can be in the wrong hands.

The officers’ own notes of the event were so contrary to the videotape taken by the bystander that they had to admit their notes did not reflect the reality of the video. The officers’ notes were “not accurate;” which is a polite

term for what comes out of the rear end of a steer. And now, at the time I write this, we hear an email that ought to have been disclosed to the Inquiry was withheld by the RCMP. Absolutely outrageous!

I wouldn’t say this if I hadn’t seen the video, but I have to ask: how often do police officers misrepresent events in their notes to justify their actions or achieve a desired result (like a conviction?). How often are an officer’s notes simply “spin” clothed as truth? How often are the facts fudged because the officer thinks he’s not being filmed?

Although some might not see the link between Mr. Turriff’s speech on Zimbabwe and the death of Mr. Dziekanski, I think we have to watch the police as well as the bad guys, lest we become a police state, inch by inch. Respect for the Rule of Law is certainly one way. But the other way to ensure the police don’t get out of control is to video them at every, and I mean every, opportunity.

The Rule of Law is important, but if there were no video of Mr. Dziekanski’s death, we’d have all thought the officers’ notes were gospel, staplers were dangerous and the Braidwood Inquiry wouldn’t have happened.

Tony Wilson is a Franchise, Trademark and Intellectual Property Lawyer at Boughton in Vancouver. twilson@boughton.ca

ontheweb patricia jordan

What Does the CBA Do For You More than you may think.

I

f you work in law, the CBA works for you. The CBA promotes the interests of the legal profession, advocates, law reform, monitors provincial legislation, and provides legal service referrals and information to the public. As a member of the legal profession, you are in a unique position to see the practical impact of the law. Through its advocacy work, CBA members contribute an important perspective to law reform in Canada.

In this column, I thought I would take the opportunity to highlight a few of the many benefits of CBA membership. As a member, you are part of a national association of some 37,000 lawyers, judges, notaries, law teachers and law students from across Canada. Thousands of CBA members throughout British Columbia are involved in the Branch, through Committees, Sections and Provincial Council. Membership provides you with opportunities to interact with professional colleagues in a non-adversarial setting and to participate in local and national discussions concerning issues that affect the profession.

Another benefit is instant access to information online through CBA websites, including the B.C. Lawyers’ Directory and the award winning CBA PracticeLink. CBA websites provide a wealth of information that is available 24/7.

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

Members receive discounts from preferred suppliers that are carefully selected to ensure personal

and business benefits.

Read about the many products and services offered to members online in “Member Savings” under “Membership.”

CBA members also receive a 50 per cent discount on employment ads online and in the CBABC News & Jobs weekly email that is distributed to more than 6,000 members in British Columbia. Archived Section minutes and papers, practice advisory panels, information kits and standard forms including the Real Estate Contract of Purchase and Sale and Standard Undertakings are available for members on the CBABC website.

Site du Jour clicklaw.bc.ca \\

The Clicklaw website is operated by the Courthouse Libraries of B.C. and was developed with a project grant from the Law Foundation of British Columbia. Clicklaw provides equitable online access to quality legal information, education

and help for British Columbians. It features legal information and education, but it is not a site of laws.

Did you know?

The

number of text messages sent and received daily exceeds the population of the planet.

NTT Japan tested a fiber optic cable that pushes 14 trillion bits per second down a single strand of fiber. That is 210 million phone calls every second. The capabilities of fiber optic cable is currently tripling every six months and is expected to continue for the next 20 years.

One in five phone calls is recorded by authorities in the United States.

The size of the Internet was recently estimated at 500 exabytes (EB). One EB = 1,000,000,000,000,000,000 B. It is estimated that four EB of unique information will be generated this year, which is more than in the previous 5,000 years.

The amount of new technical information is doubling every two years.

Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions.

Tel: 604-646-7861; Email: pjordan@ bccba.org; visit: www.cba.org/bc. for more informa tion onl ine

AUGUST 2009 / BarTalk 7

practicetalk david j. bilinsky

Embracing Change Taking steps to ensure our own survival.

TO LET YOU KNOW, I Am Not Extinct – JUST TO LET YOU GO, This Is Not My Extinction – Hopefully It Won’t For A Long Time For Now (now) cuz’ I am not extinct oh oh r — Recorded by Avril Lavigne r

A

lbert Einstein once said: “Problems cannot be solved by the same level of thinking that created them.” Accordingly, I am looking at the new court rules and the attempt to revamp the civil trial process with a heavy heart. Notwithstanding the work that has been put into this process by many learned lawyers and jurists alike, it is my respectful opinion that ultimately, this is all for naught. I know that this is not going to be a popular opinion, but I think this effort, as well intentioned as it is, is aiming at the wrong goal.

I see members of the public wanting not an improved trial process but rather an improved dispute resolution process. Lawyers, I believe, view these two as very much one and the same. But in my opinion, the public views these two issues as being distinctly different.

It is this difference that will render these efforts to revamp the court process as being roughly equivalent to rearranging the deck chairs on the Titanic. Members of the public will be looking to different dispute resolution processes rather than trial. In fact, they are already looking outside of the current system for solutions. The new rules, as laudatory as they may be, fail to embrace the change that has been occurring as a result of technology.

I feel that I am not alone in these opinions. No less an authority of Richard Susskind, has titled his latest book “The End of Lawyers.”

In an article in The TimesOnline (http://business.timesonline.co.uk/

8 BarTalk / AUGUST 2009

tol/business/law/article2931356.ece), Richard states as follows: “I call technologies that threaten the work of today’s lawyers and law firms “disruptive legal technologies.”

They do not support or complement current legal practices. They challenge and replace them, in whole or in part.

This leads to the second part of my response to the non-believers.

Most of the disruptive technologies that I identify – such as document assembly, personalised alerting, online dispute resolution, and opensourcing – are phenomena of which most practising lawyers are only dimly aware. (Also bear in mind that my predictions are long-term predictions, stretching to 2016 and beyond.) If lawyers are barely conversant with today’s technologies, they have even less sense of how much progress in legal technology is likely in the coming 10 years.”

I concur with Richard’s view and urge lawyers and judges to

embrace technology with a view towards not revamping the current system but rather looking at how technology can be used to not just try cases but resolve them.

Internet technology has already demonstrated how it destroys traditional time-cost barriers (it is asynchronous – not requiring people to be present at the same point in time to conduct work; it eliminates the cost of transmitting information rather than physical media; it is available 24/7/365 rather than 10-12:30 and 2:004:00; and of course, it is fast).

Online dispute resolution is a fact. The effect that the Internet has had on other professions is a fact.

Richard states: “Politely, it puzzles me profoundly that lawyers who know little about current and future technologies can be so confident about their inapplicability.”

I would call for a national conference on how technology can be embraced by the legal profession for the simple reason that I think this is the best chance to ensure our own survival.

The views expressed herein are strictly those of the author and may not be shared by the Law Society of B.C.

David J. Bilinsky is the practice Management Advisor for the LSBC. Email: daveb@lsbc.org Blog: www.thoughfullaw.com for more informa tion on l ine

dave’s techtips Transferring Trust Funds Electronically The Benchers of the Law Society on July 10, 2009 amended the Law Society Rule 3-56 (3.1 ) to allow any amount of trust funds to be transferred by electronic transfer. Previously, electronic transfers had to be $25,000,000 or more in order to be done electronically. This change now allows lawyers to be able to transfer funds between lawyers and from lawyer’s trust accounts to clients, financial institutions and the like electronically.

Allowing lawyers to now transfer funds by electronic means rather than by cheque is an important commercial development as well as an important anti-fraud provision. There has been much activity as of late involving fraudulent cheques, bank drafts and certified cheques.

Transferring funds electronically should help to avoid some of the difficulties created by potentially fraudulent instruments. Notwithstanding that it helps prevent

problems with trust accounts; lawyers have been somewhat resistant in certifying their trust cheques at the request of another lawyer. Allowing funds to be transferred electronically rather than by cheque should avoid the cost and delay resulting from one lawyer wanting another law firm’s trust cheque to be certified.

Of course being able to transfer funds electronically will not avoid the difficulties arising from clients sending in fraudulent or NSF cheques to law firms.

We are all familiar now with the “collection scam” where a client seeks to use a lawyer to collect a commercial debt – which is paid surprisingly quickly by a “certified” financial instrument of some sort. The client then wants the paid debtor funds to be transferred to them quickly – “since the cheque is in certified funds.” Unfortunately, the cheque is fraudulent and the fraudulent client is simply trying to clean out the lawyer’s trust account.

There have been firms that have been “stung” by this fraud. The appropriate remedy is to enforce a minimum waiting period on

ALL cheques, bank drafts and money orders prior to paying.

With the change to the Rules, it is important for lawyers and law firms to familiarize themselves with the provisions of Rule 3-56 (3.1) in order that they are transferring trust funds by electronic means in accordance with the process and documentation set forth in the Law Society’s Rules. They should check with their financial institution to ensure that their processes and procedures comply with the Law Society’s requirements as well as those of the Bank. It would also be important for law firms to draw up a formal policy on how funds are to be transferred electronically in order to document that they have not only complied with the Rules but they ensure that their staff know and understand the proper steps to be taken in the circumstances. It is suggested that a requisition, a confirmation and a verification (that the funds were in fact transferred in accordance with the requisition) be completed and placed in the file to document that the transfer was in accordance with the Rules.

Pacific Legal Technology Conference

... Effective Technology \

Friday, October 2, 2009 u 8:00 a.m. to 5:30 p.m.

Vancouver Convention and Exhibition Centre 999 Canada Place, Vancouver, B.C. For more information and to register go to www.pacificlegaltech.com \\

AUGUST 2009 / BarTalk 9

sections section update

Criminal Justice Vancouver

Keep Current A review of In his keynote address to Secmembers, District Attoru provincial Section meetings. ney,tion Craig Watkins, spoke of his Criminal Justice Vancouver Meeting: June 17, 2009 Speaker: The Honourable Craig Watkins, District Attorney Topic: The Role of the Prosecutor

Class Action Meeting: June 11, 2009 Speakers: Luciana Brasil, Branch McMaster and Shane Strukoff, Gowling, Lafleur, Henderson LLP Topic: Carriage Motions in National or Multi-Jurisdictional Class Actions

Family Law Victoria Meeting: June 19, 2009 Speaker: Peter Golden Topic: Immigration and Family Law Issues

Intellectual Property and Technology Law Meeting: June 23, 2009 Speakers: Cappone D’Angelo and Byron Allen, Research in Motion Limited Topic: Changing Role of Counsel When Acting for IP/Tech Clients

experiences in the days running up to his election as the first AfricanAmerican District Attorney in Dallas County, Texas. He described some of the challenges he faced in his first year as the lead prosecutor in the County, including the perception that he was a liberal-minded defence attorney, who may not be able to aggressively prosecute big cases. He discussed his personal struggle with the public and professional obligations to seek the death penalty in appropriate cases involving heinous murders.

DA Watkins offered an honest and insightful look into how politics and prosecutions intersect in the Southern United States. He also talked about the initiatives he put in place to address the issue of wrongful convictions, including his efforts to create a Conviction Integrity Unit in the DA’s office.

He mentioned that there had been approximately 20 exonerations based on forensic DNA testing in his County since he took office. At the conclusion of his speech, DA Watkins fielded several challenging questions from a very engaged audience. The primary focus of the questions was on the huge prison population in Texas and what could be done to change the politics surrounding crime and punishment in his County and his State.

Class Action Ms. Brasil’s and Mr. Strukoff’s

upresentation on the subject of

carriage motions was accompanied

10 BarTalk / AUGUST 2009

by a PowerPoint presentation. The presenters described the legislative background for such motions; the need for such applications; the history and development of the law governing carriage motions in B.C. and elsewhere; and practical considerations. At a very practical level, there are several reasons why such an order is necessary in the context of a class action: to avoid inconsistent verdicts; to avoid judicial inefficiency; to avoid class member confusion; to minimize costs for class members; to streamline class members’ access to information; and to avoid putting defendants through multiple actions over the same cause of action. Given the consequences of a positive or negative outcome, carriage motions often are hotly contested.

Family Law Victoria Mr. Golden presented an

u overview of how Immigration and Family Law intersects when spouses get together and when they split up. A Canadian has the right to sponsor a spouse or common law spouse and signs a three year undertaking agreement with the Government of Canada to support the spouse and any children. Sponsors cannot be on income assistance, an undeclared bankrupt or convicted of sex offences. An overseas application process is generally speedier. An inland application has no appeal rights. When spouses split up, breakdown issues are different depending on whether the spouse has permanent resident status or not. If the spouse has no status and no basis for an application when the relationship is over, the

usual remedy is to apply under the Immigration and Refugee Protection Act (IRPA). Where there is an overlap between Immigration Law and Family Law principles, generally, Family Law principles will prevail.

Intellectual Property and Technology Law Members at this well-attended

u lunch meeting heard an ex-

cellent presentation by Cappone D’Angelo and Byron Allen, both of whom are in-house counsel at Research in Motion Limited.

They discussed the changing roles of external and in-house counsel for technology companies, offering specific suggestions to outside counsel to help them make their legal services more effective and valuable. They provided examples of emerging issues to which outside counsel should be sensitive. For example, Mr. D’Angelo and Mr. Allen spoke about the need for outside counsel to understand why they are retained (does the company lack the expertise, lack the capacity, or just require a second opinion?) and to understand the business environment in which a technology company is operating in order to be able to provide useful legal advice. Mr. D’Angelo and Mr. Allen also commented on the daily pressures in-house counsel face.

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.

CHATTER WITH CHAIRS

Bryan Gibbons Insolvency Law Chair 08/09 Sections are a valuable resource to stay current in any given practice area.

Through Sections, lawyers receive the opportunity to meet their fellow practitioners and exchange ideas which are of particular importance to younger calls.

Through periodic Section meetings, lawyers can stay on top of their area of expertise while earning valuable CPD credit. In addition, Sections build collegiality within the profession.

SECTION NEWS

New Sections for 2009-2010 The Work Life Balance Section, formerly a committee, and SOGIC (Sexual Orientation and Gender Identity Conference) join the list of currently active B.C. Branch Sections available to CBA members. Check your Section enrolment form circulated in June and get ready to attend meetings in September. Misplaced yours? Print an enrolment form from our website www.cba.org/bc or call the Branch office at 604-687-3404 or toll free at 1-888-687-3404.

fo r m o re informa tion online

AUGUST 2009 / BarTalk 11

feature Jesse tarbotton and dierk ullrich

From Staid to Stimulating

Readers Shape BarTalk’s New Design.

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elcome to your new BarTalk!

On behalf of the Editorial Board, our editors and staff, we gladly introduce to our readers the new design of your CBABC magazine. Gone are the days of the “parish/village newsletter,” as one reader had humorously described the familiar format of the last 10 years. Rather, the re-design not only replaces the traditional black and blue with full colour, it also makes BarTalk more inviting, easier to navigate and livelier, without appearing lightweight.

As reported one year ago (BarTalk August 2008), the impetus for the redesign came from the February 2008

12 BarTalk / AUGUST 2009

reader survey. Based on your suggestions and constructive criticism and following the recommendations of the Editorial Board, CBABC committed to a comprehensive update of BarTalk’s design.

“Let’s be frank – BarTalk does not get read for its sex appeal. The format is ultra conservative and very staid.”

Working with graphic artist Rick Staehling (you may know Rick better for his Friday movie reviews on CBC Radio’s “On The Coast”),

BarTalk staff created the distinctive new look that you are holding in your hands. Available in print form and on the web in HTML and PDF formats, BarTalk is a no-cost publication for all lawyers in B.C. While you will find much of the contents of the publication consistent with prior issues, we have re-organized it with the aim of making it an “intuitive” read.

In June 2009, an advanced draft of the re-design was posted on the CBABC website. We invited our readers to provide feedback and specifically to indicate their preferences for the new cover layout. With resonance being overwhelmingly positive, the BarTalk team feels encouraged that the sometimes bold departure from the old format will meet our readers’ needs and expectations.

A significant group of readers are interested in revisiting the way BarTalk is delivered, in particular in expanding BarTalk Online. The

“Congratulations on the new format!

It is a vast improvement on the previous template.” demand for online content goes well beyond our core readership and is exemplified in more than 600,000 visits to BarTalk Online pages in 2008. In the coming year we will explore and offer alternatives to members who wish to receive this magazine electronically.

An e-notification system is already being developed. In the meantime, we hope you will give us your comments on the new design.

Go to BarTalk Online for more information www.cba.org/bc. for more informa tion on l ine

feature stuart rennie

New Civil and Family Rules

A revision for the 21st century.

I

n 1880, the first legislated Supreme Court Rules came into force. In July 2009, over a hundred years later, the new Supreme Court Civil and Family Rules were released. These new Rules will come into effect July 1, 2010. These new Rules will be the first revision for the 21st century.

The new Rules have been in development for years. In 2002, the Justice Review Task Force (JRTF), was created by the Law Society, with representation from the CBABC, the Ministry of Attorney General and the courts.

In 2005, the Family Justice Reform Working Group to the JRTF issued a report proposing new streamlined Supreme Court Family Rules.

In 2006, the Civil Justice Reform Working Group to the JRTF issued a report that suggested sweeping changes to civil litigation in B.C. Draft Civil Rules were circulated for comment by the profession and the public.

Over the years, the CBABC has spent much time and effort reviewing and making recommendations regarding the Civil and Family Rules.

For the proposed Civil Rules, the CBABC made comprehensive submissions from the CBABC Supreme Court Rules Special Committee, Automobile Insurance Committee, the Maritime Law Section and the Poverty Law Section. For example, regarding the objects of the Rules,

the CBABC Special Committee recommended that the objects retain reference to the just, speedy and inexpensive determination of a proceeding on its merits along with principles of proportionality. This recommendation was accepted and is found in Rule 1-3.

The CBABC Automotive Committee, for instance, urged that the provision that experts must confer be eliminated. Rule 8-4 does not require experts to confer. The CBABC Maritime Law Section recommended that the current Rule 55 which provides for in rem actions commenced against vessels be retained. B.C. is the only Superior Court in Canada that has in rem jurisdiction. Rule 19-1 permits maritime actions to continue to be brought in the B.C. Supreme Court. The CBABC Poverty Law Section recommended that there be a special rule for persons who are indigent and cannot pay court fees.

Rule 20-5 provides that no fees are payable by persons who are found to be indigent.

Other new changes to the Civil Rules include: fast track litigation for trials that can be completed within three days and involve a maximum of $100,000, case planning conferences, document discovery limits, interrogatories,

trial management conferences and court fees.

For the proposed Family Rules, the CBABC B.C. Supreme Court Family Rules Working Group (“Working Group�) conducted surveys of CBABC members, participated in focus groups and in its final report made over 100 recommendations.

For instance, the Working Group recommended that the Family Rules be a stand-alone code, which they are. The Working Group recommended that there be a new rule providing for summary trials. Rule 11-3 provides for summary trials.

The Working Group recommended that reference to special referees be added. Rule 22-7 permits such referrals to special referees. The Working Group also recommended that reference to expert reports under section 15 of the Family Relations Act be included. Rule 13-1 does that.

Other new changes to the Family Rules include: proportionality as an object of the Rules, limits on discovery, expanded powers for judicial case conferences, joint experts and new forms.

Visit www.cba.org/BC/Initiatives/ main/submissions.aspx to view CBABC submissions regarding the Civil and Family Rules.

Stuart Rennie, Barrister and Solicitor, Legislation and Law Reform Officer for CBABC. AUGUST 2009 / BarTalk 13

guests Sheila Harrington

The B.C. Land Summit

Professionals collaborating for change.

T

he 2009 B.C. Land Summit brought together six professional, provincial land-use associations and 785 delegates to Whistler in mid-May for an interdisciplinary event with the theme of “A Better Future: Adapting to Change.” The partners included the Appraisal Institute of Canada (B.C.), the Planning Institute of B.C., B.C. Institute of Agrologists, Real Estate Institute of B.C., B.C. Society of Landscape Architects, and the Land Trust Alliance of B.C. With B.C.’s population projected to increase by as much as 50 per cent in the next twenty-five years, and climate change and the economic downturn providing additional challenges to B.C. communities, the B.C. Land Summit raised expectations and hopes that these professionals would provide insights, tools, and solutions to help us through this next decade and further. The highlight for most delegates was this opportunity to meet and share ideas between planners, real estate professionals, agrologists, appraisers, land trust organizations, landscape architects, lawyers, and many others who have professional ties to land use.

The two days of workshops, seminars, panel discussions and plenaries stimulated much discussion and new ideas within the themes of Changing Place and Space; Changing Environments;

14 BarTalk / AUGUST 2009

A World of Change – Growth & Globalization; and Change in Motion. Of the four plenary speakers, Robert F. Kennedy Jr. distilled facts and views on how to achieve economic sustainability within the boundaries of the planet through alternative energy solutions – still at current consumer levels and through changes in technology, market and legislative tools. Dr. Richard Hebda brought the reality of nature’s essential life-supporting ecosystems to the conference, summarizing how B.C.’s landscapes and ecosystems, especially water, will be impacted by climate change, and how our “individual gluttony” is still invisible in our general recognition of the problems and their solutions.

The diversity of program topics and choices met or exceeded most delegate needs: “Richard Hebda’s Climate Change and Forest Impacts session was informative, inspiring and frightening, all in one. The materials he presented on what climate change means to B.C. really brought home and made tangible what we can expect.”

“As an urban planner, I specifically enjoyed the presentations

which provided concrete examples of how different social, cultural & economic issues can be addressed ‘on-the-ground’.”

As a Land Summit partner, the Land Trust Alliance of B.C. had the opportunity to present the many tools and practical successes of land trusts, and provide options for stewarding and protecting nature and all its ecosystem services including the cultural and recreational benefits in addition to conserving B.C.’s biodiversity to a broad range of land use professionals.

While some informal time provided an opportunity for deeper discussions on the challenges and urgency of climate change and public policy objectives, many delegates expressed the need for more time to be devoted to “communicating the urgency to redesign our economy to the general public. It’s long past time for professionals, academics, consultants, planners, politicians, etc. to come together and collectively ask each other – HOW DO WE ACTUALLY MAKE THE CHANGES REQUIRED AS A SOCIETY?” As another delegate suggested, “the inter-professional aspect of the Land Summit is truly of its time, in my opinion. If we are to get the next 50 years right, it is going to take a collaborative effort.”

Sheila Harrington is the Executive Director of the Land Trust Alliance of B.C. www.landtrustalliance.bc.ca for more informa tion on l ine

walter rilkoff and Amir Ghahreman

The Ethics of Negotiation

Looking to Alberta for guidance.

W

hile lawyers are commonly engaged in negotiations, the B.C. Code of Professional Conduct (“B.C. Code”) does not directly address the ethics of negotiation. Rather, they are covered by general principles that apply to any conduct in a lawyer’s practice.

Alberta has chosen a different route and codified negotiation ethics in its Code of Professional Conduct (“Alberta Code”) at Chapter 11. While we do not propose to pass judgment on the relative merits of each approach, one advantage of Alberta’s model is that it draws one to consider particular issues that may arise before they come up in the heat of actual negotiations.

Alberta identifies two aspects to negotiation ethics: the required conduct of the lawyer with respect to the lawyer’s own actions, and the required actions of the lawyer upon certain conduct by the client or its allies.

The B.C. Code addresses lawyers’ ethical behaviour in Chapter 1, Rule 1 which requires good faith conduct toward other lawyers and Chapter 2, Rule 1 which prohibits dishonourable or questionable conduct that casts doubt on a lawyer’s professional integrity. Clearly the B.C. Code would prohibit lying to or misleading another lawyer, although

the boundaries of unethical conduct are less clear.

The Alberta Code is more specific and states in Chapter 11, Rule 1 that “[a] Lawyer must not lie to or mislead an opposing party.”

However, the situation under the B.C. Code becomes murkier when a representation previously made is no longer true. Under the B.C. Code, it is less clear that a lawyer has a positive duty to correct the earlier statement.

The Alberta Code addresses this in Chapter 11, Rule 2, which states that if a lawyer, his or her client or someone allied with the client has misled an opposing party, or if a material representation previously made to an opposing party is no longer accurate, then “the lawyer must immediately correct the resulting misapprehension on the part of the opposing party,” although this is expressly subject to confidentiality duties. This rather onerous duty is tempered somewhat by the Commentary to the Alberta Code which explains that this may only require advising the opposing party not to rely on the previous information, rather than having to provide new information. An Alberta lawyer would have to seek the client’s consent to disclose information necessary to

comply with the lawyer’s ethical negotiation duties, and to withdraw if that consent is not given.

Under the B.C. Code, lawyers should take steps to correct any misapprehension caused by their own conduct, and should do so immediately. As for client conduct, Chapter 4, Rule 6 of the B.C. Code provides that “[a] Lawyer must not engage in any activity that the lawyer knows or ought to know assists in or encourages any dishonesty…,” and it is likely that “dishonesty” includes a material misstatement by the

client. Accordingly, a B.C. lawyer should take the same steps as an Alberta lawyer and seek consent to correct the misapprehension – but would the B.C. Code require the lawyer to do so “immediately” as in Alberta? Under the B.C. Code’s more general approach, that would depend on the particular circumstances – such as the degree of the misstatement. As in Alberta, the B.C. lawyer would have to withdraw if that consent is withheld.

We hope to address other specific examples of negotiation ethics as well as other ethical issues in future issues.

Walter Rilkoff and Amir Ghahreman wish to thank Sarah Glickman (Summer Student) for research assistance.

AUGUST 2009 / BarTalk 15

guests Kevin Smith

Justice Education Society Hosts Gang Wars Forum First event under new name.

T

he Law Courts Education Society of B.C. celebrated its 20th anniversary on May 28 and announced it has changed its name to the Justice Education Society.

“The Society has evolved dramatically since its inception to produce programs and resources that go far beyond educating the public about the law courts,” said Rick Craig, Executive Director and a founder of the Society.

Former Attorney General Wally Oppal, a past president of the Society, joined Craig in unveiling the Society’s new name, logo and tagline: “Justice Through Knowledge.” Craig also launched the Society’s new website www.JusticeEducation.ca.

Throughout its two decades of pioneering public legal education, the Society has created more than 100 programs and resources while introducing more than one million British Columbians to the province’s justice system.

As part of its year-long 20th anniversary celebrations, the Society is hosting a series of speaking events. Aboriginal Justice in Our Times took place in March and is available for viewing at www.JusticeInOurTimes.ca.

Recently, the Society partnered with Shaw and the Vancouver Sun to present Gang Wars: Justice in Our Times. Newspaper articles, a webcast and TV broadcasts focused on how our justice system and

16 BarTalk / AUGUST 2009

communities can better respond to B.C.’s gang problem.

Gang Wars began with five articles in the Vancouver Sun that covered a range of issues including how to keep children out of gangs, getting witnesses to testify and the

structure of gangs in B.C. The articles were followed by a forum, during which a panel of experts discussed the issues. The forum, which was webcast live and then broadcast twice on Shaw, was moderated by The Honourable Judge Pedro de Couto and featured: Superintendent Dan Malo, Officer in Charge, B.C. Integrated Gang Task Force Teresa R. Mitchell-Banks, QC, Deputy Director (Special Prosecutions), Ministry of the Attorney General Theresa Campbell, Manager, Safe Schools, Surrey School District Kim Bolan, Journalist, Vancouver Sun Numerous MLAs, judges, police officers and community members attended the forum and heard the

panelists recommend 16 solutions that they think can help our justice system and communities better respond to B.C.’s gang problem.

Some of the solutions focused on: Balancing the public’s right to know with a defendant’s right to privacy Preventing kids from being attracted to, and joining, gangs Reforming current legislation to make it easier, safer and faster for police to make arrests Next, the Society will help the forum “reach as many British Columbians as possible, including

decision-makers in the political and judicial systems,” said Craig.

“We will be distributing copies of the forum to MLAs, MPs, mayors and members of the justice system as well as writing a teacher’s guide so that the video can be shown in classrooms throughout the province.”

You can watch the Gang Wars: Justice in Our Times video and read the Vancouver Sun articles as well as the panelists’ solutions at www.JusticeInOurTimes.ca.

Kevin Smith, Communications and Events Co-ordinator, Justice Education Society (formerly The Law Courts Education Society of B.C.). www.JusticeEducation.ca for more informa tion on l ine

John Simpson

Innovation In Legal Information Delivery

LSS website helps family lawyers.

P

roviding accessible, simple legal information to help your family law clients understand the process may seem like an idealistic concept, but that is exactly what the Legal Services Society Family Law in British Columbia website (familylaw.lss.bc.ca) can help you do. The site aims to provide accurate legal information to help answer your clients’ questions about family law using language that is clear and easily understood, while steering away from the traditional method of “words on a screen.”

The website can also help remedy one of the big obstacles to understanding the legal system, which is the fact that clients receive a lot of their background information from unreliable sources – such as television programs and other popular media. Through the use of fact sheets, videos such as Family Matters in Supreme Court and other multimedia resources, the LSS family law website can help lawyers with this challenging task, in turn creating a more informed client.

But the site is not just about explaining the B.C. court system. It is also a way for users with family law issues, ranging from divorce and separation through to abuse, to find the information they need – all in the one place. Similarly, lawyers can use the site to find helpful information for their clients,

which they can then pass on to help explain legal processes.

“We don’t just want to give information to the traditional print media audience. We want to present information in lots of different ways,” says LSS family law website lead editor, Winnifred Assmann.

Embracing a diverse communication concept has allowed the site to include multimedia features, such as videos and audio clips about court and legal processes, as well as links to other LSS publications and self-help guides.

The site also contains online fact sheets, which offer a brief background and explanation of a legal issue or situation; court forms; and plain-language explanations of legislation and court rules.

Specialized publications for Aboriginal clients, youth, and grandparents are also included on the site, along with links to other resources that could help those clients, such as material about sponsorship breakdown and benefits and rights for seniors. Information is also available in many languages including Arabic, Chinese, Farsi, French, Punjabi, Russian, Spanish, Tagalog, and Vietnamese.

Surveys of users have shown that the resources available on the site are incredibly useful to people

without the help of counsel, but how do they assist lawyers?

“There are a lot of ways the site can help lawyers,” Ms. Assmann says. “For example, lawyers can explain an issue to their clients and then they might give them fact sheets to back-up what they’ve just explained.

That way they’re not going over and over the same info – which saves time for the lawyer and the client.”

This provides clients with a more thorough understanding of court processes and gives them another

avenue to process the information.

“If a client is not particularly websavvy then you can print out and give them a fact sheet, or give them a copy of an audio-visual piece to watch at home,” she explains. “But if they have lots of questions and want to research everything, then this site is ideal. It means they can research what they need to know and then have all those initial questions answered, but they still have the lawyer working with them.”

To see how the LSS family law website can work for you and your clients, visit www.familylaw.lss.bc.ca.

John Simpson, LSS Manager of Community and Publishing Services. www.familylaw.lss.bc.ca. for more informa tion onl ine

AUGUST 2009 / BarTalk 17

news&events AWARD

A Real Virtual Law Firm n Nicole Garton-Jones of Herit-

CBABC announcement

Fran Hodgkins devotes 25 years to CBABC n On May 21st the Executive Council surprised Fran Hodgkins with a celebration of her twenty-five years with the CBABC at the annual Executive/Staff luncheon. Fran had reached this milestone the day before on May 20th. The staff joined in congratulating Fran on her long commitment to the CBABC and especially for her astute and efficient handling of the Sections portfolio at

age Law was one of four inspiring nominees for the CBABC Second Annual Work Life Balance Award last month. Nicole, her three fellow lawyers and their six support staff at Heritage Law have all achieved great balance – time for their families, health and fitness, AND community involvement – by structuring themselves as a “virtual” law firm.

How does it all work? Heritage uses practice management software to manage all firm information and documents centrally. All staff log into one remote secure server over the Internet which is the repository for all firm data and software applications. Their VOIP phone system allows ten staff in ten different locations to use the same phone line and system, and they have a remote answering service to answer and

the Branch. Two of her three sons were on hand to surprise her and be present as she received her 25 year CBA pin, flowers, gifts and the appreciation of the President Miriam Maisonville who spoke on behalf of the Executive, staff and the whole Branch as she thanked Fran for her long career with the CBABC. Miriam Maisonville and Fran Hodgkins

STATS

Articles Registry As of May 26, 2009 Number of Firms with available Articles: 5 Number of Students looking for Articles: 248 Total number of Firms to date: 94 Total number of Students to date: 365

18 BarTalk / AUGUST 2009

From left to right, Karen Redmond, Tanya Murray and Nicole Garton-Jones as of November 19, 2008 Number of Firms with available Articles: 13 Number of Students looking for Articles: 127 Find the Articles Registry on the home y pages of CBABC and LSBC websites.

route client calls during the business day appropriately.

How close is your firm to that elusive dream of the “paperless” office?

CONTEST

National News

BarTalk Cover Art Competition

Minimum Sentences for Drug Offences Opposed n The CBA opposes Bill C-15,

Left to right: Law 12 Teacher, Erika Ullrich; winner, Heidi Wu; runner up, Evanna Chiew; BarTalk Senior Editor, Jesse Tarbotton.

SERVICE

Lawyer Referral Service “Something happened and it’s bad. I don’t know what to do.

I don’t know who to talk to.”

Often when a legal problem arises, many people have no idea where to turn, let alone which lawyer to turn to.

That’s where the Lawyer Referral Service steps in. People are referred to a lawyer for a $25 half-hour consultation.

It may not seem like a lot, but for many people it’s the only way they’ll ever get before a lawyer and learn what rights they have in their situation. After the initial half hour, standard rates apply, but the job of the Lawyer Referral Service is done – a client is matched with a competent lawyer.

The Lawyer Referral Service welcomes CBA members and non-members to join. Call Lorna O’Grady at 604-646-7858.

amendments to the Controlled Drugs and Substances Act, arguing that the legislation would create a complicated system of escalating mandatory minimum sentences for drug-related offences that would not be an effective deterrent to crime.

“The CBA suggests that public safety concerns can be met with existing laws,” explained Sarah Inness of Winnipeg, member of the CBA’s National Criminal Justice Section. “The Bill could create unjust and disproportionate sentences and ultimately would not achieve its intended goal of greater public safety.”

Sarah Inness presented the CBA submission to the Standing

committee on Justice and Human Rights on May 13.

News release \\ http://www.cba.org/CBA/ News/2009_Releases/2009-0513-Bill-C-15.aspx Submission \\ http://www.cba.org/CBA/submissions/pdf/09-27-eng.pdf for more informa tion onl ine

PROGRAM

CBA Mentorship Program Helps Law Students n The CBA Mentorship Program is both a great way for lawyers to get involved in the community and for law students to gain an inside perspective on the legal profession.

As a mentor, you will be matched with a student who is interested in your area of practice. You are encouraged to interact with each other in the manner that best suits you both, which could include discussing files, observing court appearances or talking about the life and work balance in the legal profession. From gaining a new perspective and appreciation for the practice of law and fostering long-lasting professional relationships and networks with future colleagues, both mentors and mentees

enjoy benefits from participating in the Mentorship Program.

Interested lawyers can contact the CBA Student Reps: Joanna Dawson at ubc.mentorship@ bccba.org or Paul Evans at uvic. mentorship@bccba.org. This is a fantastic opportunity to help out aspiring lawyers and to encourage CBA membership.

AUGUST 2009 / BarTalk 19

news&events annual event

Golf Tournament Teed Up many bonuses for golfers as they made their way around the course.

With chances to win a 2009 BMW Z4 convertible and the choice of one out of three great 7-night get-away trips to South Africa, New Caledonia, or Tuscany, players had a great time.

n The 13th Annual Canadian

Bar Association/Vancouver Bar Association Golf Tournament held on June 18, 2009 raised approximately $6,000 in support of the Law Students Awards Funds.

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. The winning teams are: Winning Team with a score of -13 was: Richard

Attisha Ron Pelletier Andrew Wilson Dr. Mike Mostrenko

Hole sponsors were: Continuing Men’s

Closest to the Pin winner: Richard Attisha Lady’s Longest Drive winner: Allie McLister Men’s Longest Drive winner: Ron Pelletier 50/50 winner: Art Vertlieb, QC Winners of the annual putting contest are:

Most Honest Golfers were the team of:

First

Sandra

Second

Kovacs Michelle Ward Maureen Crockett Janice Shomphe Individual Winners are: Lady’s

Closest to the Pin winner: Patricia Barzycki

Silent Auction Sponsors: Bambu Salon Best Western – Richmond Hotel C. Restaurant City of Burnaby Coast Bastion Inn Delta Victoria Ocean Pointe Resort Delta Whistler Resort Hotels (Hilton) Fairmont Chateau Whistler Fairwinds Golf Course Four Seasons Hotel Vancouver Four Seasons Resort Whistler Georgian Court Hotel Heenan Blaikie LLP Hotel Grand Pacific

20 BarTalk / AUGUST 2009

Place: Joe Doyle Place: Tom Brown Third Place: Mike Shirreff Thank you to the Sponsor of the Putting Contest: Dorsey & Whitney LLP. The CBABC and the VBA thank our Hole Sponsors, who provided Hyatt Regency Kerr’s Recognition Services Law Courts Inn Le Crocodile Restaurant Magnolia Hotel & Spa Manning Elliott Chartered Accountant Matz Wozny (Blair Shapera) Metropolitan Hotel Moda Hotel Orca Bay Sports & Entertainment Pacific National Exhibition (PNE) Pan Pacific Hotel Pan Pacific Hotel – Vancouver Park ‘n Fly Premier Envelope Rosedale on Robson

Legal Education Society of B.C. Dorsey & Whitney LLP ProGroup Sales and Leasing RR Donnelley The Counsel Network ZSA Legal Recruitment Thank you to Maple Leaf who supplied a barbeque with hot dogs for all the golfers as they approached the 2nd hole.

A Silent Auction was held during the dinner with amazing prizes that included weekend getaways, putters and many other prizes donated by our generous sponsors (see box below).

Thank you all for your support.

We will see you next year!

Sequoia Restaurants Stewart Title Sutton Place Hotel The Printing House Tigh-Na-Mara – Seaside Spa Resort & Conference Center UBC Golf Course United Reporting Service Ltd. Vancouver Opera Vancouver Playhouse Vertical Reality Climbing Gym Wedgewood Hotel Westin Bayshore Westin Resort and Spa Whistler William Tell Restaurant YoungPro Promotions YWCA Health + Fitness Centre

committee news

Court Services Committee In 2008, the CBABC Court Services Committee generated a Masters Report and a Best Practices Report (can be viewed at www.cba.org/bc).

The Masters Report was presented to the Provincial Council Meeting March 7, 2009 when it was resolved to send the report to the Attorney General for consideration. The committee is pleased that the report is generating debate and, after Chief Justice Brenner heard a presentation on the report and discussed the issue with Nanaimo council members, a Master was reinstated in Nanaimo on a three month trial basis.

In December, committee members met with Assistant Deputy Minister of the Court Services Branch, Rob Wood, and provided him with a copy of the Best Practices Report. Like our committee, Mr. Wood and his Branch are motivated to establish service standards, and he reported on the process having already begun in Supreme Court. Mr. Wood and the committee have committed to continue meeting on a regular basis to move forward with this objective and to liaise on all points of interest common to the Court Services Branch, the public and our profession.

The committee invites any members with comments on any issues related to court services in their area to pass them along to www.cba.org/bc.

branch and bar

Calendar AUGUST 16 CBA Canadian Legal Conference 2009 28 The Supreme Court of B.C. Welcoming Ceremony 30 Association of Chinese Canadian Professionals 4th Annual Texas Scramble Tournament & Deluxe Burger BBQ SEPTEMBER 11 Court of Appeal for British Columbia Special Sitting 26 Provincial Council 30 Fraser Valley Bar Association Meeting NAtional News

Beyond Our Borders: International Focus on Access to Justice stakeholders, including the legal profession, as they address gender issues, and on increased collaboration among stakeholders.

Building on recent CBA efforts which first began in South-East Asia and East Africa in the mid1990s, the new initiative will involve seven target countries: Cambodia, Laos, Vietnam, Ethiopia, Kenya, Tanzania and Uganda. The CBA’s international programs are funded by the federal government through the Canadian International Development Agency (CIDA).

The

CBA’s International Development Committee has begun a two-year program dedicated to improving access to justice in South-East Asia and East Africa.

This program will focus on key

East Africa \\ http://www.cba.org/CBA/IDP/ programs/eastafrica.aspx South-East Asia \\ http://www.cba.org/CBA/idp/ programs/southeastasia.aspx for more informa tion onl ine

AUGUST 2009 / BarTalk 21

news&events NATIONAL NEWS

Expanded Practice Resource n CBA PracticeLink launched

national news

Identity Theft Legislation: CBA Supports the Aims of Bill S-4 n The CBA supports Bill S-4’s

efforts to address identity theft and related criminal activity, and recommends clarification in some of the language of the legislation.

“Identity theft is a serious and growing challenge for individuals and for society as a whole,” said Daniel MacRury, Treasurer of the CBA’s National Criminal Justice Section. “We welcome the creation of new offences to help combat this difficult problem.”

To further advance the Bill’s objectives, the CBA recommends that the proposal to prohibit unauthorized possession of

identity information be clarified: for example, around the word “reckless,” which has been open to some interpretive difficulty.

Daniel MacRury presented the submission to the Senate Standing Committee on Legal and Constitutional Affairs on June 3.

News release \\

http://www.cba.org/CBA/ News/2009_Releases/2009-0603-Identity-Theft.aspx Submission \\

http://www.cba.org/CBA/submissions/pdf/09-31-eng.pdf fo r more infoR MATI ON online

AWARDS

Seeking Nominees for WLF Awards n The CBABC Women Lawyers

Forum is seeking nominees for two Awards: the Award of Excellence and the new Debra Van Ginkel, QC Mentoring Award.

22 BarTalk / AUGUST 2009

Please find the criteria and nomination forms at: www.cba.org/bc (see CBA Initiatives, CBA & CBABC Awards). Deadline for Nominations: Sept. 30, 2009.

a brand new look that includes enhanced content and navigation for young lawyers, solo and small firm practitioners and law firm leaders. With links to our podcasts and the new Work-Life Balance Resource Centre, the redesigned site offers a more indepth treatment of the issues that matter in your practice.

Whether you’re a lawyer concerned about growing your practice, riding out the recession, going solo, making partner, dealing with clients, or leading law firm change, you’re sure to find the strategies and advice that can benefit you.

Visit CBA PracticeLink \\

http://www.cba.org/cba/PracticeLink/Home/ for more infoR MATI ON on l ine

NATIONAL NEWS

Human Rights Award The deadline for nominations for the Tarnopolsky award is August 15. Named in honour of the late Walter S. Tarnopolsky, a talented human rights advocate and scholar, the award recognizes a resident of Canada who has made an outstanding contribution to domestic or international human rights.

Details \\ http://www.cba.org/CBA/ Awards/walter_human_rights/

grantsapproved Continuing Programs, Projects and Awards Outlined below is a list of grants adjudicated at the June 20, 2009 Board of Governors’ meeting. Chair Mary Mouat is pleased to announce that funding totalling $6,309,250 was approved for the following 34 programs, projects and awards: Funding totalling $728,766 was approved for the following 13 large projects: $75,000 B.C. LAW INSTITUTE Unfair Contracts Relief Project $75,000 ECOJUSTICE CANADA SOCIETY Strengthening the Laws that Protect B.C.’s Water Resources $75,000 JUSTICE EDUCATION SOCIETY OF B.C. Supreme Court Public Legal Education and Information Website $75,000 PRO BONO LAW OF B.C. SOCIETY Civil Chambers Pro Bono Duty Counsel Project Extension $75,000 UNIVERSITY OF BRITISH COLUMBIA UBC Law Innocence Project $60,000 MOSAIC Community Based Legal Education and Research for Temporary Foreign Workers $50,000 B.C. LAW INSTITUTE Assisted Living, B.C. Law Reform Project $45,000 CASTLEGAR & DISTRICT COMMUNITY SERVICES SOCIETY Dr. Debt – Consumer and Credit Education for the West Kootenay Boundary

$45,000 JOHN HOWARD SOCIETY OF THE LOWER MAINLAND Best Practices: Developing and Managing Residential Placements for Parolees and Probationers with Residence or Area Restrictions $45,000 VANCOUVER AREA HUMAN RIGHTS COALITION SOCIETY Human Rights in the Workplace for Small Business $43,766 B.C. COALITION OF PEOPLE WITH DISABILITIES Securing Our Financial Future: Community Legal Education and Registered Disability Savings Plan $40,000 GREATER VANCOUVER ALLIANCE FOR ARTS & CULTURE Artists’ Legal Outreach Toolkits and Online Resources $25,000 CANADIAN FORUM ON CIVIL JUSTICE Action Committee on Access to Justice Project

Law Foundation of British Columbia

Funding totalling $40,124 was approved for the following three Legal Research Fund projects: $20,000 MELINA BUCKLEY, LAWYER AND LEGAL POLICY CONSULTANT Updating the Law on the Right to Counsel in Canadian Law Project $10,124 SIMON FRASER UNIVERSITY, SCHOOL OF CRIMINOLOGY Substance-Induced Psychosis and Criminal Responsibility $10,000 THOMAS D. SCHILLER & GAIL MCKAY Discrimination, Duty of Accommodation and Disabilities Law Funding totalling $4,647,860 was approved for the following 15 continuing programs: $2,737,750 B.C. COURTHOUSE LIBRARY SOCIETY Operating Grant

Funding totalling $837,500 was approved for the following two projects:

$446,240 B.C. PUBLIC INTEREST ADVOCACY CENTRE Operating Expenses

$805,000 PRO BONO LAW OF B.C. SOCIETY Merged Pro Bono Law of B.C./Access Justice Operations

$279,310 CANADIAN BAR ASSOCIATION, B.C. BRANCH Dial-A-Law, Lawyer Referral and Law Week

$32,500 SOUTH PEACE COMMUNITY RESOURCES SOCIETY Legal Advocacy Project Funding totalling $55,000 was approved for the following Child Welfare Fund project: $55,000 STO:LO NATION Qwi:qwelstom Family Justice Circle Process ‘Building Relationships’

$168,000 TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program $150,000 KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program

$112,500 MPA – MOTIVATION, POWER & ACHIEVEMENT SOCIETY Court Services Program $109,000 ABBOTSFORD COMMUNITY SERVICES SOCIETY Legal Advocacy Program $99,540 YELLOW PAGES GROUP Advertisement of Public Legal Services $89,210 COMMUNITY CONNECTIONS SOCIETY OF SOUTHEAST B.C. Travelling Poverty Law Advocate Program $82,500 KI-LOW-NA FRIENDSHIP SOCIETY Aboriginal Legal Advocate Program $75,000 SOUTH FRASER WOMEN’S SERVICES SOCIETY Legal Advocacy Program $71,450 ACTIVE SUPPORT AGAINST POVERTY Legal Advocacy Program $64,860 PORT ALBERNI FRIENDSHIP CENTRE Legal Advocacy Operating Grant $50,000 CONTACT WOMEN’S GROUP SOCIETY Legal Advocacy Program

Visit the Law \\ Foundation of B.C. website at www.lawfoundationbc.org.

$112,500 B.C. CENTRE FOR ELDER ADVOCACY AND SUPPORT Legal Advocacy Program

AUGUST 2009 / BarTalk 23

memberservices e-mail membership@bccba.org

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 promoted 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: 1-877-669-9601 (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.

Canucks Tickets

Bugatti Cases

Canucks tickets will be available in September. First come, first served. To avoid disappointment, be sure to put your name on the advance list of notification for tickets. Please email Meghan Kavelman now at members@bccba.org.

The CBABC is continuing to offer Personalised Lawyers’ Cases at substantially discounted prices. These high quality bags can be personalised with your name, initials, or law firm name. Bugatti bags also make a perfect gift. TECH TIP: Select Lawyer Cases on the Member Savings page.

PNE Playland Returns This year’s program offers CBA members and their family savings of up to 20-25 per cent on tickets to various events including Playland, the Fair at the PNE, Fright Nights, and other special events held at the PNE. TECH TIP: Select Youth on the Member Savings page.

Sign Me Up! Yes, please send me monthly updates on the latest CBABC promotions.

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E-mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

24 BarTalk / AUGUST 2009

Pro Group

Park N’ Fly

CBABC has negotiated preferred rates that offer CBA members and their family substantial discounts. TECH TIP: Select Auto Leasing, Rental, and Sales on the Member Savings page.

CBA members receive a 25 per cent discount off regular rates at Park’ N Fly at the Vancouver International Airport. TECH TIP: Select Travel on the Member Savings page.

classifiedads e-mail: jtarbotton@bccba.org

Office space available Office Space For Lawyer Senior lawyer retiring. Associate opportunity with remaining senior lawyer in general solicitor’s practice near 15th and Lonsdale in North Vancouver, B.C. Fully furnished and supplied legal office with 2 windowed offices for 2 lawyers. Includes one senior support staff and office space for 1 or 2 more support staff. Prefer a lawyer wishing to go solo. Great opportunity for a lawyer to establish a practice on the North Shore. Call Bob Lewis at 604988-5244 or email bob_fglb@telus.net Plus some office furnishings and matching oak filing cabinets, drawers and table for sale or lease. Call Michael Blaxland at 604-715-4839 or 604-988-5244.

Position Available Junior Associate Lawyer Prince Rupert Busy general practice requires junior associate. Excellent opportunity to establish career. Reply in confidence to Paul M. Johnston 250-627-4739 or email pmjohnston@citytel.net.

Available: Associate or Office Sharing Established Victoria Criminal/Civil firm seeking 3-5 year criminal lawyer for trials, research; work on First Nations

claims, personal injury/family law also available. Office space, parking, exercise facilities included. Start: August/September 2009. Remuneration negotiable.

Please email Curriculum Vitae to Steve Kelliher at sk@kelliher-turner.com.

Lakes, Whyte LLP, a five member law firm located in North Vancouver, is currently looking for a lawyer to join their team. The preferred candidate will be an experienced litigator with four or more years of hands-on litigation experience, preferably including Supreme Court trials. Some criminal law experience or family law experience would be considered an asset. We offer a family-friendly, busy but relaxed work environment. Some travel to Sechelt, Pemberton, and Fort Nelson is required.

Please respond, with salary expectations, to John Lakes at ajlakes@ lakes-straith.com or John Whyte at jdwhyte@lakes-straith.com.

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Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) Email: doug@BCpatents.ca.

info@gosalandcompany.com

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BarTalk Gets Results Classified (per line) CBABC Members/Firms $25 Commercial Organizations $50 Next deadline: September 4 display 3” x 2.5” CBABC Members/Firms $450 Commercial Organizations $900 6” x 2.5” CBABC Members/Firms $810 Commercial Organizations $1,620 Next deadline: September 4

insert (all of B.C.) CBABC Members/Firms $1,250 Commercial Organizations $2,500 Next deadline: September 10 Next mailing: October 2 Premium full-page colour ads available.

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

AUGUST 2009 / BarTalk 25

barmoves Who’s Moving Where Stephanie Gutierrez

Michelle Adams

Farris, Vaughan, Wills & Murphy LLP is pleased to announce that Stephanie has joined its Vancouver office as a newlycalled Associate. Stephanie joins Farris’ Labour Group.

Farris, Vaughan, Wills & Murphy LLP is pleased to announce that Michelle has joined its Vancouver office as a newly-called Associate. Michelle joins its Litigation Practice.

Neo J. Tuytel

Leah Donaldson

joins Bernard & Partners as senior litigation counsel. Mr. Tuytel’s practice is focused on commercial matters, including environmental and insurancerelated claims and alternative dispute resolution.

has joined the firm of McQuarrie Hunter LLP as an Associate.

Ms. Donaldson practises at McQuarrie Hunter LLP’s Surrey office in the areas of family law, general litigation, employment law and insurance defence.

Mark Chu

Michael Blatchford

has joined Farris as a Partner in the firm’s Taxation and Wealth Management Group. Mr. Chu specializes in initial public offerings, financings, mergers, acquisitions, corporate reorganizations and dispute resolution.

has joined Bull, Housser & Tupper LLP as an Associate with the Trusts & Estates Group.

Michael articled with BH&T and was called to the B.C. Bar on May 5, 2009.

Zara Suleman

Meagan Lang

has joined North Shore Law LLP. Zara will be practising with the Family Law Group.

has joined Bull, Housser & Tupper LLP as an Associate with the Commercial Litigation Group. Meagan articled with BH&T and was called to the B.C. Bar on March 16, 2009.

26 BarTalk / AUGUST 2009

newmembers bar moves submissions (max 30 35 words) to CBA@bccba.org FOR MORE BAR MOVES GO TO BARTALK ONLINE

Catherine Hofmann has recently joined Bernard & Partners. Catherine is a member of the firm’s Corporate, Commercial and Environmental Practice Groups.

May & June 2009 Regular Members Elvira Akhunova

Smeets Law Corporation Vancouver W. Mark Belanger

Cross Border Law Corporation Vancouver Carolann M. Brewer Matthew Ely

Kathleen Higgins has joined Bull, Housser & Tupper LLP as Associate Counsel with its Local Government Group.

Kathleen focuses her practice on municipal law and in the related areas of expropriation, real estate and aboriginal law.

Annamarie Kersop has joined North Shore Law LLP. Annamarie will be practising in the Insurance Litigation Defence Group.

Kate Bickerton joined Bull, Housser & Tupper LLP’s Securities and Business Law Group as an Associate upon her call to the B.C. Bar on May 13, 2009.

Clark Wilson LLP Vancouver Denise Kranz

British Columbia Lottery Corporation Kamloops Robert McCullough

Brian Fixter

Borden Ladner Gervais LLP Vancouver Fayyaz Karmali

McCarthy Tétrault LLP Vancouver Mary McEwan

McEwan Harrison & Co Trail Kaitlin McKinnon

Vancouver Megan McWhirter

Watson Goepel Maledy LLP Vancouver Arun Mohan

Vancouver

ICBC-Litigation Department New Westminster

Thomas Moran

Michael Nadeau

Borden Ladner Gervais LLP Vancouver

Alexander Holburn Beaudin & Lang LLP Vancouver

Vancouver Samir D. Patel

Meena K. Sadioura

Jenny C. Rutherford

Surrey

Vancouver

Ameek Sidhu

Saro J. Turner

Slater Vecchio LLP Vancouver

Borden Ladner Gervais LLP Vancouver

Conrad A. Warkentin

Elizabeth Welch

Rosborough & Company Abbotsford

Vancouver

Articling Students Jonathan Carter

McCarthy Tétrault LLP Vancouver Christina Cook

Karol Wince

Vancouver To view all new \\ members please visit

www.cba.org/bc/ bartalk_06_10/08_09/ membership.aspx. for more info on l ine

AUGUST 2009 / BarTalk 27

CBA in LA NOVEMBER 20-22, 2009

CBABC 2009 Annual Branch Conference

cba.org/bc

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