BarTalk | September 1989

NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, B.C. BRANCH

SEPTEMBER, 1989 VOLUME1 NUMBER7

President's Report

Russell Lusk

HIGHLIGHTS PRESIDENT'S REPORT

PROVINCIAL COUNCIL LIABILITY INSURANCE CLENEWS U',....TSLATIVE L ATE SECTION TALK

The B.C. Branch of the Canadian Bar Association is a strong and vibrant organization with close to 7,000 members. It is financially sound and delivers a significant number and variety of services to it members. I look forward to building on this strong tradition during my term as President.

Our association, both at the National and Branch levels, currently makes a sizable contribution in the area of legislation and law reform. There is room within the Branch for more extensive review and comment on legislative initiatives proposed by the Provincial Government and on Bills introduced in the Legislature. Given the volume and complexity of the legislation, systems must be in place within the Branch to deal with such material in a fast and efficient manner. Added emphasis will be placed this year on the development of a committee structure and review process to achieve this goal. The 42 Sections of our Branch are the backbone of our organization and will be major participants in this process.

Further consultation and cooperation with the Attorney General and his Ministry is necessary to ensure that the Bar receives a greater opportunity to participate in the review of draft legislation. This is apart from any comment by the Association in respect of the policy or content of the legislation which has received First Reading or which is contained in discussion papers, reports or proposals circulated in advance of actual legislation.

The Legislature has embarked upon major changes in the court system and further changes are proposed. These initiatives will result in significant alterations in the structure of the system as well as important changes in procedural law. The Canadian Bar Association continues to have a major role to play in putting forward the position of the Bar in this process of revision. This input is not directed merely at serving the interests of the Bar but ensuring that to the greatest extent possible the administration of justice in British Columbia is conducted in a fair and efficient manner.

Furthering the consultation process and providing further meaningful input into the court reform process remains a priority in the year ahead.

Another priority will be in the area of technology and the law.

The ability of lawyers and judges to cope with large volumes of data is being continually taxed. The government of this province is moving rapidly to computerize systems in Land, Central and Court Registries as

well as in the courts. Technological developments in court reporting, the taking of evidence and communications within the court system should improve the lawyer's ability to accurately and quickly locate, refer to and organize evidence. All of these systems should result in more efficient and cost effective legal services.

Further education of lawyers and participation by them in the development and organization of technology affecting the profession is essential. Greater input by lawyers into the technology being planned and implemented in the court system, government departments as well as legal offices should improve the efficient working of such systems. Lawyer input will be much more meaningful if the lawyer is computer literate.

Unless computer technology is understood and used by those practicing law, the benefits of this technology will not inure to the profession. If this challenge is not met, we risk being left behind and uncompetitive. Our Branch has an active role to play in this process and it is my intention to work toward putting in place a structure and programs to further assist the members of our profession in coming to terms with this complex subject.

Work has already commenced by the Branch in other important areas as well. Committees of the Branch have been formed to respond to current issues such as the legislative initiatives being taken by Notaries Public to

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expand their numbers and jurisdiction, the proposal of the Attorney General of British Columbia to merge the Federal Court of Canada with other superior courts, and the question of an ultimate limitation period for claims against lawyers.

The Canadian Bar Association exists to serve its members. I invite members of the profession to contact me if they feel there are matters on which the Association should take initiatives or play a greater role.

Provincial Council Russell Lusk, new President of the CBA's British Columbia Branch, promises that 1989-90 will be a very active year for the Branch.

Addressing his first meeting of B.C. Provincial Council as President, Lusk said September 23rd that one of his priorities will be further restructuring of the Branch organization responsible for co-ordinating responses to legislation and law reform. See President's Report in BarTalk.

The President said the Greenshields pre-paid legal services plan endorsed by the Branch earlier should be in operation soon, following delays in obtaining regulatory approvals.

The plan is expected to contribute to affordable legal services by covering certain basic legal services, much like a dental plan.

The meeting heard from Deputy Attorney General Ted Hughes on the Provincial Government's progress towards implementing the recommendations of the "Access to Justice" report.

Hughes said the Ministry has many committees at work on various aspects of the report, including a committee to give Attorney General Bud Smith advice on implementation.

He listed a number of areas where progress is being made, including: • The merger of County Courts with the Supreme Court of B.C. will be implemented on July 1, 1990.

• The masters program to lift some of the workload off judges is progressing, with the appointment of nine new masters and the pending appointment of another.

• The new Small Claims Act, passed at the last session of the Legislature, and related rules are expected to be proclaimed and in effect by March 1, 1990.

• Revised contracts have been drawn up for court reporters and are being implemented as existing contracts expire.

• An Appeals Procedure Act has been drafted and consultation with the profession will begin in November.

• A green paper on family law will be circulated shortly and new legislation is expected to be introduced during the 1990 spring session of the legislature.

• A committee, to include representatives of the B.C. Branch and the Law Society of B.C., will be established to study the issue of technology and the law.

Reproductive Technology A 40-page report prepared by a special task force on human reproductive technology was adopted by the Provincial Council.

The wide-ranging report was prepared by a six-member committee chaired by Janice R. Dillon, a Vancouver lawyer who also serves as assistant clinical professor on the Faculty of Medicine at the University of British Columbia. It was first

presented to the annual meetil}g of the Branch in June.

Dillon, who briefed Council together with committee member Professor Lynn Smith of UBC's Faculty of Law, said it is important to realize that reproductive technology "has been creeping up" on society.

The many issues involved are not futuristic in nature, she said, but rather "contemporary, realistic issues."

Dillon said the Federal Government has announced a Royal Commission into reproductive technology and the work done by the committee over the last two years places the B.C. Branch in an excellent position to respond to the commission.

Among several recommendations, the committee came out strongly against the "commercialization of surrogacy" in any form.

The report said: "While the removal of finanCl , incentives may reduce the number of women willing to consider these arrangements, this is in keeping with the committee's desire not to encourage surrogacy but to facilitate it in rare circumstances when the birth mother chooses to honour the agreement in a situation that gives every possible protection to herself."

The committee said a donor of sperm or eggs should not be considered by law as a parent of the child and should have no legal right vis-a-vis the child.

A woman who bears and gives birth to a child should be considered the legal parent, subject to exceptions under the Family Relations Act and the Adoption Act. The report also said that an embryo should not be allowed to develop outside the womb for more than 14 days and that human tissues should not be treated as a commodity.

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Other members of the committee were Vancouver lawyers Georges Goyer and Karen Nordlinger, pediatrician Dr. Sydney Segal of Vancouver and Dr. Christo Zouves, medical director of the in vitro fertilization program at UBC's Faculty of Medicine.

Assistant DirectorCommunications

Particular committee assignments will include staff support for the Dial-a-Law /Lawyer Referral Advisory Committee, Joint Court Services Committee with the Ministry of the Attorney General, Communications Committee and the Public Legal Education and Information Committee of the B.C. Branch.

Larry will also be involved in the organizing of various meetings and will follow up and expedite resolutions and actions approved at executive, council and annual meetings.

Liability Insurance

Larry Hnetka On September 25th, Larry Hnetka commenced work for the B.C. Branch in the newly created position of Assistant DirectorCommunications.

Larry comes to the B.C. Branch from the Board of Trade where he has worked for the past three years. Larry's main experience prior to the Board of Trade was with the Educational Research Institute of British Columbia.

While with the Board of Trade, Larry was responsible for the production of a monthly tabloid newspaper, various flyers and brochures. He also had responsibility for media relations and worked closely with the membership manager. He has a solid background in computers and desktop publishing.

His duties with the B.C. Branch will include specific responsibility for the Lawyer Referral and Dial-a-Law Services, act as editor for BarTalk and be responsible for producing B.C. stories for The National newspaper of the CBA.

The Benchers of the Law Society of British Columbia are expected to decide in October whether lawyers in the province will join the Canadian Law Insurance Association (CLIA) or continue to purchase professional liability insurance from a private insurer.

"We're still looking at CLIA, along with other programs", Howie Thomas, a Bencher told a meeting of the Provincial Council.

Thomas was moderating a panel discussion on professional liability insurance that included panelists Neil Wittman of Calgary, chairman of CLIA and Larry McDonald of Leslie, Wright and Rolfe, the company that has provided B.C. lawyers with excess professional liability insurance since 1971.

Wittman explained that CLIA is a pooling insurance exchange formed in response to the liability insurance crisis of the mid1980s when escalating premiums for excess coverage created pressures on the CBA and Law Societies to do something about it.

All provinces except B.C., Ontario, Quebec and Newfoundland are members.

He said CLIA's objective is to establish a "risk experience-rated premium" for lawyers.

"Our position is that if we have a bad experience with lawyers, that lawyers should pay for that experience over the long term", Wittman said. But, at the same time, lawyers shouldn't have to pay for high insurance claims in other fields, such as those resulting from the Exxon oil spill in Alaska.

He said CLIA has experienced a "fairly successful" first year in Alberta, ending the 12 months to July 1, 1989 with an actuarial reserve of $1.8 million on premium revenues of $3.8 million.

However, he noted that liability insurance claims often take a few years to develop.

Wittman noted that in Alberta, a lawyer can obtain $5 million in liability insurance coverage for a premium of about $2,250, compared with B.C. where a premium of $2,200 provides excess coverage of $500,000.

McDonald said the biggest problem in insuring lawyers is to "insulate their excess liability insurance premiums from the ups and downs" of insurance premiums generally.

Insurance rates are expected to fall in the short term, McDonald said, but they will go up again in the future.

Legislative Update

Bonita f. Thompson

Legislation to Note Home Owner Grant Increase Act, 1989, S.B.C. 1989, c. 4, increases

Home Owner Grants- First Reading Bill No. 6

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in force January 1, 1989, and retroactive to give it effect with respect to the current year taxes levied in 1989

Income Tax Amendment Act, 1989, S.B.C. 1989, c. 5, respecting a renter's tax reduction- First Reading Bill No. 7

Pension (Miscellaneous Amendments) Act, 1989, S.B.C. 1989, c. 35, respecting, inter alia, rights of separated or former spouses to superannuation allowances and benefits- First Reading Bill No.35

in force June 1, 1989

ss. 2, 9, 12 and 20 in force June 29, 1988

Land Tax Deferment Amendment Act, 1989, S.B.C. 1989, c. 7, the age referred to in s. 5 of the Land Tax Deferment Act is lowered from 65 years to 60 years- First Reading Bill No.8 in force January 1, 1989 and retroactive to give it effect on and after that date

Praperty Purchase Tax Amendment Act, 1989, S.B.C. 1989, c. 9, providing for, inter alia, a tax credit respecting property valued at less that $150,000- First Reading Bill No. 10 in force March 31, 1989 and retroactive to give it effect on and after that date

Municipal Amendment Act, 1989, S.B.C. 1989, c. 59, providing for, inter alia, the repeal and replacement of Part 24Regional Districts of the Municipal Act with consequential amendments to 13 other affected Acts- First Reading Bill No. 19 in force July 31, 1989

Finance and Corporate Relations Statutes Amendment Act, 1989, S.B.C. 1989, c. 28, amending the Budget Stabilization Fund ActFirst Reading Bill No. 29 s. 1 in force on March 31, 1988 and

retroactive to give it effect on and after that date amending the Income Tax Act s. 16 in force on May 6, 1974 and retroactive to give it effect on and after that date amending the Property Purchase Tax Act s. 23 in force on March 23, 1987 and is retroactive to give it effect on and after that date

Environment Statutes Amendment Act, 1989, S.B.C. 1989, c. 25, providing, inter alia, under s. 38 of the Water Act that where an engineer's order is being appealed the engineer may, on order of the comptroller, be given full party status and be represented by counsel -First Reading Bill No. 34 in force June 28, 1989

and retroactive to gtve effect on and after that date the portion of s. 7(d) that enacts s. 17(6) of the Pension (College) Act in force on the aate s. 17(3) and (4) of that Act came in to force and retroactive to give it effect on and after that date the portion of s. 11(b) that enacts s. 15(7.1) of the Pension (Municipal) Act in force on the date s.15(5) and (6) of that Act came into force and retroactive to give it effect on and after that date the portion of s. 17 that enacts s. 22(1 .5) of the Pension (Public Service) Act in force on the dates. 22(1) of that Act came into force and retroactive to give it effect on and after that date but nothing shall be construed to change the effect of a dedsion of a court respecting a person entitled to a refund under s. 22(1) where that dedsion was rendered before June 28, 1989 the portion of s. 22(d) that enacts s.16(6.1) of the Pension (Teachers) Act in force on the date s.16(4) and (5) of that Act came into force and retroactive to give it effect on and after that date

Municipal Affairs, Recreation and Culture Statutes Amendment Act (No.2), 1989, S.B.C. 1989, c. 32, amending the Fire Services Act, the Municipal Act, the Municipalities Enabling and Validating Act and the Revenue Sharing Act First Reading Bill No. 38 in force June 28, 1989 (see s. 9 for earlier effective date)

Health Statutes Amendment Act, 1989, S.B.C. 1989, c. 48, amending the Anatomy Act, the Building Safety Standards Act, the Community Care Facility Act, the Health Act (inspections for health hazard), the Hospital Act, the Hospital District Act, the Mental Health Act- First Reading Bill No. 39 in force July 17, 1989, except ss.14 and 17

Farming and Fishing Industries Development Act, S.B.C. 1989, c. 27, authorizing the establishment of councils and funds to promote the interests of producers of plant and animal products -First Reading Bill No. 44 in force July 28, 1989 [note: see also B.C. Reg. 226/89 and B.C. Reg. 227/89 establishing the Blueberry and Raspbem.t Industry Development Fund Regulations]

Labour and Consumer Services Statutes Amendment Act, 1989, S.B.C. 1989, c. 53, amending the Debt Collection Act (appeal respecting licenses), the Human Rights Act (delegation powers), the Liquor Control and Licensing Act (offence penalties) - First Reading Bill No. 46 in force July 17, 1989, except ss. 9 and 11 to 14

Residential Tenancy Amendment Act, S.B.C. 1989, c. 60, respecting, inter alia, bringing hotel tenants under the Act and allowing monetary claims to be heard by an arbitrator under the ActFirst Reading Bill No. 47 ss. 3, 7 to 9, 10(a), 12, 14 and 16 in force August 1, 1989 ss. 1, 2, 4 to 6, 10(b) and (c), 11, 13, 15 and 17 to 19 in force June 20, 1989

Motor Vehicle Amendments Act, 1989, S.B.C. 1989, c. 58, amending, inter alia, ss. 1, 24.1 and 95.5 and repealing ss. 121 to 129 of the Motor Vehicle Act- First Reading Bill No. 52 in force July 17, 1989

Waste Management Amendment Act, 1989, S.B.C. 1989, c. 62, respecting, inter alia, offences and penalties under the Waste Management Act - First Reading Bill No. 58 in force August 11, 1989

Litter Amendment Act, 1989, S.B.C. 1989, c. 54, respecting penalties under the Litter Act First Reading Bill No. 60 in force August 11, 1989

Wildlife Amendment Act, 1989, S.B.C. 1989, c. 84, respecting, inter alia, angling guides, guide outfitters and offences- First Reading Bill No. 70 ss.1(a) to (e) and (h) to (o), 2, 3, 5, 6(b) to (e), 7, 8, 10 to 21, 23 to 37, 39 to 41 and 44 to 55 in force August 11, 1989

Attorney General Statutes Amendment Act, 1989, S.B.C. 1989, c. 64, amending s. 14(2) of the Interpretation Act- First Reading Bill No. 71 s. 7 in force on May 17, 1980 and re• tive to give it effect on and after that date

antee that no less than the original capital investment will be paid out on the death of the investor. The premiums of these mutual funds are not reflective of this guarantee. In Mr. Zlotnik's view, this kind of mutual fund is a good opportunity for special planning.

Shelley Bentley

Seniors don't need to depend on guaranteed investment certificates and the like to generate retirement Income Hal Zlotnik addressed members of Succession, Trusts and Fiduciary Relationships Section on a variety of estate planning topics.

In particular, he noted that it is not necessary for seniors to depend solely on bonds, guaranteed investment certificates, and like investments to generate retirement income. There are other suitable products available. For example, Mr. Zlotnik was involved in a situation where his client's mother wished to leave her estate to the children of her first marriage in preference to her second husband and was concerned, among other things, about her second husband bringing an application under the Wills VariaHon Act. The widow purchased an insured annuity which provided her income until her death whereupon it assumed the characteristics of an insurance policy and paid the capital directly to her children, without tax consequences. Mr. Zlotnik also noted that there were a number of interesting mutual funds presently available which guar-

Proposed Financial Institutions Act and Credit Union Incorporation Act aimed at increasing consumer confidence The proposed Financial InsHtutions Act recently introduced in the House is an attempt to apply general principles to trust companies, insurance companies and credit unions within the province's jurisdiction. The proposed statute will replace the Credit Union Act, the Trust Company Act and the Insurance Act. The corporate governance and incorporation provisions that apply to credit unions will be in a separate statute called the Credit Union Incorporation Act. Gerry Armstrong, Assistant Deputy Minister of Corporate Relations for the Province of British Columbia, told Business Law Section members that the Government is attempting to provide an appropriate degree of consumer protection with the new legislation so that consumer confidence will remain in the market. This is very much a concern following recent bank and trust company failures. By maintaining consumer confidence, the Government hopes to support efficient, functioning markets, and to minimize problems with the economy. The new legislation was formulated with an awareness of the results of similar legislation in other

provinces. The Government wanted to apply consistent provisions to all financial institutions unless a good reason warranted an exception.

Under the new legislation, there is going to be a significant change in the procedure for applying to become a financial institution in B.C. Such applications will involve a two-stage process. First, the incorporation provisions of the Company Act will be applied to trust and insurance companies. Ministerial approval will also be required prior to incorporation.

There will then be a twelve month period between the incorporation of the company and the actual business of taking deposits or conducting insurance business. At the end of this period, the company must obtain a fitness authorization from the Superintendent of Financial Institutions. The capital requirements will also change significantly. The Government will impose a minimum capital adequacy rule of approximately $3 million or $5 million for trust or insurance companies, tied specifically to the type of business the company conducts. The standard of care imposed on directors and officers of these companies will be increased from the present standard of the reasonably prudent person to a standard which is that of a reasonably competent person under similar circumstances. The policy intent of the legislation is not to have restrictions on ownership; however, there will be a provision allowing ministerial intervention in the event that someone involved in ownership is found to be undesirable.

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Medical/Legal Issues: Pathologist outlines some problems with medical profession Dr. Jennifer Rice, the Forensic Pathologist for Prince George, addressed Prince George Criminal Law Section members on some of the problems encountered by the legal profession when dealing with the medical profession. She noted that doctors are not usually aware of the objectives of medical/legal examinations and as a result the examinations tend to be incomplete. Doctors occasionally allow a body to be embalmed prior to completing an autopsy with the result that medical evidence is destroyed. Furthermore, doctors will occasionally mix up the objective and subjective parts of their reports. This complicates and adds potential confusion to deliberations made by judge or jury. The medical profession will also occasionally substitute intuition for scientific interpretation. Finally Dr. Rice pointed out that doctors do not take photographs and do not know how to preserve evidence.

Family Maintenance Enforcement Program now in operation James Wingham explained the operation of the Family Maintenance Enforcement Program to Family Section members. The

Family Maintenance Enforcement Act which came into force in B.C. on September 1, 1988 did four things: 1. The new Program modified and replaced the preceeding Family Relations Act provisions for enforcement of maintenance orders.

2. The Program created the Office of Director of Maintenance Enforcement and allowed for the filing of maintenance orders for monitoring or

enforcement. Once a maintenance order is filed, the Director has exclusive jurisdiction to enforce it. In addition, the Director has power to defend applications to vary maintenance orders. The Director of GAIN (Guaranteed Available Income for Need) now is permitted to file maintenance orders of any person in receipt of income assistance with Director of Maintenance Enforcement.

3. The Program instituted a new administrative remedy, the Notice of Attachment which does not require a judge's signature but only that of a court clerk. This Notice is effective to attach not only maintenance arrears but also ongoing maintenance payments.

4. The Program defined new provisions for obtaining access to information with respect to the location and amount of assets of debtors. Once an order is filed and arrears have accumulated the Director can demand that a debtor file detailed sworn financial information. Penalties for noncompliance can include imprisonment. This goes further than the relief offered in the Family

Relations Act.

Where both parties represented, vendor's solicitor should pay real estate commission Members of the Victoria Real Estate Section noted that the practice of having the purchaser's solicitor pay the real estate commission upon completion dated from a time when most vendors were unrepresented by lawyers. This is no longer the case today and, increasingly, the payment of the commission, requiring separate cheques to listing and selling agents in many instances, is an unreasonable burden taking

interminable time that cannot hr charged to the purchaser. Of the purchaser's solicitor is not 111 a position to know the details of the listing agreement or any agreed changes that may have been made. As a result, the Victoria Bar Association unanimously resolved to adopt the practice that, where both the vendor and the purchaser are represented by solicitors, payment of the real estate commission be handled by the vendor's solicitor.

DNA fingerprinting can be lOU percent accurate DNA fingerprinting is based on obtaining a sample of body tissue e.g., hair, blood, semen, etc., and then comparing it with a sample of tissue from a suspect.

If the tissue samples match then it can be concluded that it was the suspect who left the origi tissue. This type of identifica tion can be 100 percent accurate if a large enough tissue sample can be obtained. However, Dr. Jennifer Rice, the Forensic Pathologist for Prince George, cautioned Prince George Criminal Law Section members that there is room for subjectivity on the part of the scientist doing the comparisons. Dr. Rice noted that DNA fingerprinting will eventually be replaced with the Polymerase Chain Reaction (PCR) technique of identification. It is currently being used experimentally in the USA. The PCR technique requires a much smaller tissue sample than does DNA fingerprinting and is considered to be more accurate.

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"Legislative Update" cont'd

Municipal Affairs, Recreation and Culture Statutes Amendment Act (No.3), 1989, S.B.C. 1989, c. 73, respecting Whistler Resort First Reading Bill No. 75 that part of s. 4 that enacts s. 284 of the Municipalities Enabling and Validating Act in force August 14, 1989

Income Tax Amendment Act (No.2), 1989, S.B.C. 1989, c. SO, respecting, inter alia, offences, penalties and enforcement provisions - First Reading Bill No. 79 the amendment to s. 3 of the Income Tax Act made by s. 2(a) of this Act applies in respect of the 1986 and subsequent taxation years and is retroactive to give it effect on and after that date the amendments to s. 3 of the Income Tax Act made by s. 2(b) and (d) of this Act apply in respect of the 1985 and subsequent taxation_years and are retroactive to give them effect on and after that date the amendment to s. 3 of the Income Tax Act made by s. 2(c) of this Act applies in respect of the 1985 and subsequent taxation years and is retroactive to ~ve it effect on or after that date, but, tn respect of the 1985, 1986 and 1987 taxation years, the reference to "s. 110.6" in the amendment shall be read as "s. 110.1 or 110.6" the amendments to s. 4.2 of the Income Tax Act enacted by s. 3 of this Act in force June 1, 1989 and are retroactive to ~ive them effect on and after that date tn applying s.17(1) of the Income Tax Act, as enacteaby s. 6 of this Act, to taxation years before the 1990 taxation year, the reference to "March 15, June 15, September 15 and December 15 "shall be read as "March 31, June 30, September 30 and December 31 " ss. 19 to 21 of the Income Tax Act as enacted by s. 8 of this Act apply after October 28, 1985 and are retroactive to give them effect on and after that date s. 24 of the Yncome Tax Act as enacted by s. 10 of this Act applies after 1984 and rs retroactive to give it that effect

Forest Amendment Act, 1989, S.B.C. 1989, c. 67, respecting, inter alia, tree farm licenses and purchasing timber- First Reading Bill No. 86 ss.10 and 11 in force July 13, 1989 and are retroactive to give t1rem effect on and after that date ss.1 to 5 and 7 to 9 in force July 20, 1989

Miscellaneous Statutes Amendment Act (No.1), 1989, S.B.C. 1989, c. 71, respecting the Shelter Aid for Elderly Renters Act- First Reading Bill No. 90 s. 36 in force July 1, 1989 respecting interest on taxes collected

munidpally but not remitted on time in the Assessment Authority Act ss. 4 and 5 in force July 31, 1989 (see also B.C. Reg. 222189 under the Assessment Appeal Act effective July 31, 1989 respecting tlie definition of "employee" under the Public Service Labour Relations Act and repealing s. 8 of that Act ss. 28 to 30 in force August 3, 1989

Miscellaneous Statutes Amendment Act (No.2), 1989, S.B.C. 1989, c. 72 respecting the Pension (College) Act, the Pension (Municipal) Act and the Pension (Public Service) Act ss. 20 to 24 and 27 in force August 3, 1989

respecting the Forest Amendment Act, 1988 and the Tree Farm License 24 s.13 in force JulJI11, 1988 and retroactive to give it effect on and after that date

Continuing Legal Education News In response to the growing need of the profession for quality practice materials, CLE has expanded to book publication.

Director of Publications, Susan Lyons, began the book publication project five years ago; Linda Rainaldi, a legal editor, joined the publications team last year.

This new department has created some excellent products such as Canadian Criminal Jury Instructions (CRIMJI), Civil Jury Instructions (CIVJI), and a practice manual series including the Family Law Agreements Manual, the B.C. Family Practice Manual, and the B.C. Real Estate Practice Manual. These books are the result of years of effort by legal authors, consultants, editors and production staff.

The criminal and civil jury instructions books are the first comprehensive set of standard jury instructions available to the Bench and Bar in Canada.

CRIMJI was written by Professor Gerry Ferguson and The Honourable Mr. Justice John Bouck. CIVJI was written by Professor Lynn Smith and The Honourable Mr. Justice John

Bouck. Both books provide complete jury instructions, extensive annotations to the jury instructions and references to applicable case law, tables of cases and statutes, checklists and indexes. The text of the jury instructions from both books is available on disk.

CLE's practice manual series is a growing collection which fills the need for practice-oriented handbooks. They are invaluable guides to the practitioner. Each manual was authored by specialized practitioners, reviewed by an editorial advisory board of distinguished members of the Bar, and carefully prepared for publication by CLE's experienced legal editors. The forms and precedents from the manuals are available on disk.

CLE's first practice manual, the Family Law Agreements Manual, was produced in conjunction with the Vancouver Family Law Section, B.C. Branch of the CBA, in response to a need identified by that group. It deals with agreements between spouses or cohabiting parties relating to guardianship, custody, maintenance and property issues. The focus is on separation agreements, but marriage agreements are also discussed. As well as discussing the current law, the manual contains sample clauses for preparation of an agreement.

The B.C. Family Practice Manual is a handbook for family law practitioners. In 21 chapters, it guides the user through all matters likely to be encountered in family practice, including divorce and Family Relations Act proceedings, interlocutory and other pre-trial proceedings, appeals, enforcement of orders, tax considerations, child protection matters, and adoption. An extensive set of sample forms and precedents is included.

Case and statute tables, practice directions, checklists and an index make the manual a complete and useful handbook.

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The B.C. Real Estate Practice Manual is a handbook for real estate practitioners. This 11 chapter manual takes the reader through a conveyance from the time that the purchase contract is negotiated to closing the deal .

One chapter is dedicated to the collapsing deal- how to salvage it and what to do if it collapses.

Case and statute tables, as well as a checklist and index, make the manual very easy to use.

Books on CLE's publishing horizon are the Restatement of Family Law, prepared by the Vancouver Family Law Section, B.C. Branch of the CBA, and the Probate and Estate Administration Practice Manual.

More information about any of CLE's publications can be obtained by contacting CLE directly.

New Section A group of research lawyers have recently formed an association. It is hoped that this association will provide members with a forum for professional development in improving and updating research skills, and for discussion of interesting recent developments in the law.

At present we are exploring the concept of research as a specialty area of practice, and anticipate applying to the Provincial Council to form a Legal Research Section of the B.C. Branch.

Anyone interested should telephone Debra McKenzie at 6881351 or write to her at Alexander, Holburn, Beaudin & Lang, Barristers & Solicitors, 2700- 700 West Georgia Street, Vancouver, British Columbia, V7Y 1B8.

Practice Advisory Panels Included with this mailing of BarTalk is a brochure listing the

members of the various Practice Advisory Panels established by the B.C. Branch. Members of the panels are senior practitioners who are prepared to assist the more junior lawyers with practical advice.

Islington, Ontario, M9B 6J3, telephone (416) 236-1921, Fax (416) 236-1562.

This service to members was initiated by the B.C. Branch and the Branch will continue to encourage other Branch Sections to establish Practice Advisory Panels. As new Panels are formed this will be advertised to the membership.

Unless otherwise indicated, the contact is the B.C. Branch office.

Product of the Month The Member Services Committee of the B.C. Branch has negotiated special rates for CBA members on cellular phones with Ralph's Radio Ltd. and B.C. Cellular.

Of particular interest to members is the 7.5 per cent discount on the fixed monthly charge and usage chart. This discount may increase dependant upon phone volume.

Additional features of the offer include no charge for detailed billing, three months of free message centre service and 100 minutes per month free for three months.

For complete details, see the enclosed flyer.

Commonwealth Conference The ninth Commonwealth Law Conference will be held in Auckland, New Zealand from April 16-20, 1990- the first time in many years that a Commonwealth Law Conference has been held in the Sou them Hemisphere.

Conference brochures with further details may be obtained from P. Lawson Travel, 5353 Dundas Street West, Suite 400,

B.C. D ates

October 28, 1989 Branch Executive and Local and County Bar Presidents Law Courts Inn, Vancouver November16, 1989 Bench and Bar Dinner Law Courts Inn, Vancouver December 9, 1989 B.C. Branch, CBA Provincial Council Hyatt Regency, Vancouver February 2, 1990 B.C. Branch, CBA Provincial Council Victoria Conference Centre February 2-4, 1990 Winter Convention Victoria Conference Centre April 7, 1990 B.C. Branch, CBA Provincial Council Law Courts Inn, Vancouver June 22, 1990 B.C. Branch, CBA Annual Meeting Meridien Hotel, Vancouver June 22, 1990 B.C. Branch, CBA Provincial Council Meridien Hotel, Vancouver

BarTalk is published by the British Columbia Branch of the Canadian Bar Association .

504- 1148 Hornby Street Vancouver, B.C., V6Z 2C3 (604) 687-3404 Fax: 669-9601 Copyright the British Colun Branch of the Canadian Bar Association -1989