OCTOBER 2008
volume 20, number 5
Knocking Down Silos
New community court dispenses integrated justice
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his September CBABC President, Miriam Maisonville, and Executive Director, Caroline Nevin, attended the opening of Canada’s first community court, in Vancouver’s downtown. B.C.’s Premier Gordon Campbell, Chief Judge Hugh Stansfield, Attorney General Wally Oppal and Solicitor General John van Dongen were also in attendance highlighting the significance of the event. The creation of a Vancouver community court was a key recommendation of the 2005 report, Beyond the Revolving Door: A New Response to Chronic Offenders, by the B.C. Justice Review Task Force Street Crime Working Group. The Working Group recommended a court that would take a problem-solving approach to crime in Vancouver’s downtown area by working to address the underlying issues, such as addiction and homelessness by having the justice, health and social welfare systems work as an integrated case management team. Among the 40 employees of the court, who will work with approximately 1,500 accused each year, are two judges, three crown prosecutors, three defence lawyers, eight probation officers, two nurses, two employment assistance workers and a B.C. Housing support worker. The court will hear cases involving crimes committed in a limited geographical area surrounding Vancouver’s downtown core and aims to hold criminals
www.cba.org/bc
accountable while mitigating the identified causes of repeat offending. The new court opens its doors in a community that serves as an everyday, depressing reminder of how the justice system seems to be failing in our province. With the political will in place, there seems no better moment for the CBABC to push forward with its confidence in the justice system initiative, formalized in resolution at this past June’s CBABC Provincial Council meeting. As B.C.’s justice system undergoes an important transformation, the CBA is working to transform the public’s skewed perception of lawyers who are, by and large, working tirelessly to maintain and promote a civil society. This issue of BarTalk features articles that highlight the recent Conflicts of Interest: Final Report, Recommendations Tool Kit by the CBA Task Force on Conflicts of Interest. Robert Brun, QC, a member of the task force, summarizes the report and Warren T. Wilson, QC provides his take on the report specifically from a large firm perspective. Not only is the legal profession committed to improving and strengthening our justice system, it is also striving to maintain the highest ethical standards in its practice. We invite and encourage all readers to share their opinions on the CBABC’s confidence in the justice system initiative, the Conflict Task Force report and/or the newly opened community court by e-mailing bartalk@bccba.org. BT
bar moves
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Bar Moves
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Have you recently changed firms or opened a new firm? Send your Bar Moves submission (maximum 25 words) to cba@bccba.org.
Candice Peskett
Candice Peskett joins Boughton’s securities and corporate and commercial practice groups. Prior to joining Boughton she articled with a boutique law firm specializing in securities and corporate finance. Boughton Law Corporation congratulates Candice for recently being called to the Bar in British Columbia. Charles Rendina joins Boughton’s securities, corporate and commercial and
cross- border practice groups. He practices primarily in the area of international business development and has comprehensive knowledge of financial planning, investing, insurance and other related matters. Ann Behennah has joined Bull, Housser & Tupper LLP as an associate with the Local Government Group. Ann practised with the City of Calgary Law Department as a Planning Lawyer since her call to the Alberta Bar in 2007. Charles Rendina
Farris, Vaughan, Wills & Murphy LLP is pleased to announce that Michael G. Soronow has joined its Kelowna office. Michael Soronow, who joins Farris from Winnipeg, works as a solicitor mainly in the areas of corporate and commercial law, real estate purchases, sales and development, and bank financing. Richard Lord has moved from Davis LLP in Vancouver to Reed Pope LLP in
Victoria as an associate in the Commercial Real Estate Group. David Morrison has joined BCCEAS, the B.C. Centre for Elder Advocacy and
Support, as the staff lawyer with their new Elder Law Clinic. Ann Behennah
Michael Mercier has joined Reed Pope LLP from Calgary where he worked with
Trans Canada PipeLines as corporate and securities counsel. He will continue his practice with a focus on corporate and securities transactions. Mark Rappaport has joined Reed Pope LLP from Blake, Cassels and Graydon
LLP in Calgary. He will continue his practice as an associate in the Real Estate Development Group.
Michael G. Soronow
On October 1, 2008, Terrence Matte and Fiona Stevens-Guille are opening their own firm in Prince George. Terry will continue to practise general civil litigation, focussing primarily on commercial litigation, and Fiona will continue to practise family law. RAJINDER S. SAHOTA, who has recently moved to Victoria, joined the firm Velletta & Company to continue his practice in real estate and corporate and commercial law.
Benson Edwards LLP (partners consisting of Garry Benson, Robert Tonsoo, Neville McDougall and Steve Schwartz), Salloum Langin (being Shaun Langin and Lawrence Salloum) and Roger D. Watts (along with his associate David Yerema) have merged their respective practices to form the new firm of Benson Salloum Watts LLP. (Of note so there isn’t any confusion, even though Lawrence Salloum’s name is in the title, he joined us as an associate). Rajinder S. Sahota 2
BARTALK October 2008
Shane M. Rutledge has joined Waterstone Law Group’s Chilliwack office where he
will be practising general corporate/commercial, commercial lending and real estate.
OCTOBER 2008 UP FRONT
2 4 5 6 7
Bar Moves Letters to the Editor From the President Executive Director Practice Talk by David J. Bilinsky
8 Nothing Official by Tony Wilson
FEATURED THIS ISSUE This issue of BarTalk features three articles that shed light on the slippery subject of conflicts of interest and a recent report on the subject authored by a CBA task force. It also introduces you to the CBABC Executive Committee for the 2008/2009 year, both new and familiar faces, and highlights the CBABC Lawyer Referral Service.
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Executive Committee 2008/2009
Duty of Loyalty to an Affiliate of a Client
CBA – Task Force on Conflicts of Interest Report by Robert Brun, QC
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by Patricia Jordan
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10
Sections
On the Web
LEGISLATIVE UPDATE 19 Acts in Force
IN THE BACK
18 Bench & Bar Dinner Form 20 News 22 Calendar 23 National News 24 Member Services 25 Partners | Membership
Continuing Legal Education Society The Law Foundation of B.C.
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Bar Moves Continued
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Classified Ads
volume 20, number 5
17
by Warren T. Wilson, QC
Lawyer Referral Service
GUEST CONTRIBUTOR
16
Tilting Against Giants… Can Online Counterfeiting Laws Work?
by David Wotherspoon and Nicole Melanson
?????
Let Us Know What You Think BarTalk is published six times per year, and sent to the entire legal profession in B.C. With so much information available in print and online, we want to be sure that we continue to keep BarTalk relevant. Is there a topic you think we should cover? Do you want to submit an idea or article? Let us know! E-mail bartalk@bccba.org.
October 2008 BARTALK
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LETTERS TO THE EDITOR
Send your Letters to the Editor to: Jesse Tarbotton, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 E-mail: jtarbotton@bccba.org
LIFE’S SHORT – GET A DIVORCE – Tony Wilson (VOL. 20, No. 4)
That shark guy is a brilliant read! – Unknown
It’s not often that I laugh out loud at a legal publication, but your latest installment did the trick. I think you went about as far for a laugh as you could without getting into trouble. Keep up the good work. – John G. Mendes LESPERANCE MENDES It is probably just that time of the day (it is 16:15 here), but you are a naughty bugger! Despite that, I always enjoy your column and this time around it was no exception.
– Adv A.J. (Bert) Bester Advocates Group 1, Republic of South Africa
Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org
BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch and is available online at www.cba.org/bc. BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Jineane Payne Jennifer Weber Editorial Board Chair Dierk Ullrich Editorial Board Members Paul Arvisais Katharina Byrne Nicole Holas Jack Micner Pamela Murray Barinder Sanghara Craig Watson Susan Elaine Wishart © Copyright the British Columbia Branch of the Canadian Bar Association 2008.
CBABC President Miriam Maisonville (right) with Chief Justice Beverly McLachlan attending the CBABC Reception at the Canadian Legal Conference in Quebec City. Photo by Richard C. Lovering
Considered the most important annual convention for legal professionals in Canada, the conference offers a wide array of workshops, seminars and continuing legal education sessions.
Have You Moved? Let Us Know! If you have changed firms, addresses, e-mail addresses, or phone/fax numbers, you need to let us know. E-mail us at data@bccba.org, phone 604-687-3404 or fax 604-669-9601 or contact us toll-free (phone 1-888-687-3404, fax 1-877-669-9601).
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BARTALK October 2008
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 6,099 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.
BarTalk Publication Sales Agreement #40741008
MIRIAM MAISONVILLE
from the president
What the CBABC Can Offer You
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the maze of client, near client and any years ago an non client relationships to avoid conarticled student flicts. The Report is the culmination; headed downtown across Canada work by a stellar group to start her articles. chaired by Scott Joliffe and included One of the first things she was in its members a Past President from urged to do by her principal was to this Branch, Robert Brun, QC. become active in the Canadian Bar The CBA also offers profesAssociation. “Join a Section” I was sional development opportunities. told and that was it. At those meetWith advances in technology and ings I met the leaders of the Bar in the investments the B.C. Branch Vancouver, judges and other artiMiriam Maisonville has made, we can now offer Section cled students and made numerous President 2008/2009 attendance, achievable in remote friendships, many of which I hold B.C. Branch areas by teleconferencing and dear to this day. I learned defence Canadian Bar Association Webinars. Courses are also offered counsel and Crown Counsel have through Webinars. The CBA offers Conferences many issues in common, as do plaintiffs’ counsel and uniting lawyers with common areas of interest. The defence in civil matters. I was hooked. CBABC Women Lawyers Forum is but one example. The CBA, however, I learned slowly is so much Offering everything from mentoring to tips for a sucmore than the Sections (although with membership a cessful practice in an era when the attrition rate for Section comes free). We are the “voice of the profeswomen in the profession is at an all time high, memsion.” What does this mean? We can advocate strongly bership in the Forum can only help to stem this tide for our members, lawyers for lawyers, from advocatof losing women in the profession. Both nationally ing for a decrease in high tuition fees, requesting and throughout B.C. the Chairs of both Sections and legislative amendments to enable RRSP protection, to Conferences are leaders in their practice areas. seeking the abolition of the Social Services Tax. Our Nor does the CBA just offer legal resources. views matter. The CBA is routinely consulted for Through the Canadian Bar Insurance Association input on new legislation at both the national and and the Canadian Bar Association Financial Services provincial levels. We are a resource, both for our we offer insurance and financial services for lawyers members practising in the large downtown and and their families. national firms to the sole practitioner barrister or solicIt is my hope, as President of the Branch for itor, and those who practise in the rural areas of our the next 12 months, that we can continue to be the province. And incredibly, almost all of the makeup of premier association for lawyers. I hope to increase our resources is through you – our volunteers. membership particularly in rural areas and for those In terms of resources, a prime example is the practising in smaller firms. I also hope that more pubConflicts of Interest: Final Report, Recommendations lic sector lawyers will join our ranks. The CBA has & Tool Kit unveiled and adopted by CBA National much to offer you nationally and provincially. I am Council at the Annual National CBA Conference in happy to talk with you about all aspects. My e-mail is Quebec City. The Report advocates that the present restrictive lawyer conflict rules be relaxed. Additionally, President@bccba.org. I look forward to hearing the Report offers a tool kit to help counsel navigate from you throughout the year. BT October 2008 BARTALK
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EXECUTIVE DIRECTOR
CAROLINE NEVIN
A Duty of Optimism
If we can’t see the light ourselves, how can we expect it of others?
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t the start of the school the law or justice with interest and year, the Vancouver curiosity, rather than reasons they Sun featured a viceare bound to fail? Cynicism is the principal who spoke easy response, and too often the of our collective responsibility to first and only. children to respect and protect Last month I attended the their innate sense of optimism and opening of the new downtown hope. His message was that we Community Court. It was a adults get caught up in the negaSaturday, and I expected little tives about “The Real World” – more than a dutiful appearance funding cuts, accessibility, politics and standard photo op. Instead, I Caroline Nevin and the mundane – without thowitnessed a small miracle of optiExecutive Director ught to our extinguishing impact mism. Gathered in the room were B.C. Branch on youth’s bright flames of hope the Premier, Attorney General, Canadian Bar Association and limitless potential. Solicitor General, Chief Judge, The parallels to the justice three First Nations Chiefs, senior system are profound. Vancouver Police Department members in dress Let’s start with the concept of a career in law. uniform, seven judges in full robes, Crown Counsel, How many of you are openly ambivalent about defence counsel, leaders and staff from the provinrecommending it to your children or friends? How cial government, Legal Services Society, Vancouver many have spoken to young lawyers, warning Coastal Health Authority, City Council, and at least them that it’s nothing like they see on TV, 10 other community agencies. Not one of the people providing a litany of negative “truths” lest they be in that room considers the Community Court to be disillusioned later in life? Try listening instead of the answer to the problems plaguing the downtown talking, and gain a little light yourself from the spark eastside. But every single person was willing to in their eye and the heat of their passion for the suspend disbelief and invest their energy, and their law. With luck, you may re-acquire your own delight hearts, in the idea that it is possible to make a difand pride in this profession. ference by trying something new. That room was How about in your workplace? Have you opened filled with people who chose to uphold the value of your mind to the possibility that every generation has optimism, in the face of much that could easily extinvaluable things to teach, and that you might learn guish it. Why should any of us settle for less? something vital? Consciously think about how you There is a strong, loud heartbeat at the centre of can fan the enthusiasm and energy of the bright Canadian society – heard all around the world – and minds you have around you, and use it to feed your it is the sound of our justice system at work. You own flame. deserve to take pride in yourself and in your fellow What about public confidence in the justice men and women who have devoted their lives to system? Do you make a point of speaking well of this purpose. Don’t sell them – or yourself – short opposing counsel, the judge, the police, the Crown, through negative thoughts, words or deeds. To the or the process and time involved in the administratenets of your honourable profession, I ask you to add tion of justice? Do you approach new ideas about one more: a duty of optimism. BT 6
BARTALK October 2008
david j. bilinsky
PRACTICE TALK
Conflicts
Taking a systems approach
Time and time again we hear the same old rumours Conflict doing this, Conflict doing that...
Procedure: Every firm should have a written office manual which outlines the process to be followed to discover a conflict of interest. Unfortunately, no procedure or Words and music system has yet to be devised that by Conflict. will uncover every conflict of interest. Having a written procedure to iscovering you have a follow at least ensures that you go conflict of interest on about the process of discovery in a file can be more than a systematic and consistent basis. just embarrassing. It David J. Bilinsky is the Practice Furthermore, the steps that were can have ethical, professional and Management Advisor for the taken should be recorded in order LSBC. E-mail: daveb@lsbc.org financial implications. It can damBlog: www.thoughtfullaw.com that the procedure undertaken can age your relationship with your clibe demonstrated, should it become ent when they realize the file must be moved. It can also result in the loss of a substantial necessary to do so. amount of future work that may have come your way System: Relying on the lawyer’s (or legal assistant’s (an economic loss of opportunity). With all of this at memory) never was a reliable and dependable system stake, it is surprising that conflicts are not afforded, to uncover a conflict of interest. Furthermore, havto paraphrase Rodney Dangerfield, more respect. ing a written or increasingly, computerized conflict There are three distinct parts to unearthing conchecking database will only discover conflicts between flicts before they become a problem. These are: clients and only if names have not changed. This data1. Awareness base check will not necessarily uncover conflicts that 2. Procedure arise as a result of the exercise of legal judgement. 3. System For example, s. 2 of Chapter 7 of the Professional Taking each in turn: Conduct Handbook (PCH) states: Awareness: This is recognizing that you are “2. A lawyer must not perform any legal services responsible (legally and professionally) with the task for a client with whom or in which the lawyer or anyof determining whether or not you and your firm one, including a relative, partner, employer, employee, may have a conflict of interest at any point in time, business associate or friend of the lawyer, has a finanbut particularly whenever taking on a new client. cial or membership interest that would reasonably be There are several types of conflicts: expected to affect the lawyer’s professional judgement.” 1. Conflicts of interest between clients Many lawyers do not have a written retainer 2. Conflicts which arise when acting for two or agreement which outlines the steps to be taken in the more clients event that they are working for two or more clients 3. Conflicts arising as a transfer between or and a conflict arises between them. Such a situation merger of firms typically results in the law firm being unable to act for 4. Conflicts between lawyer and client any of them when a conflict arises. 5. Conflicts which arise as a result of new case law and/or changes to Rules and Regulations. Continued on page 20
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October 2008 BARTALK
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nothing official
TONY WILSON
Charity Begins at (Your) Home Two Good Causes B.C. Lawyers Should Support
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few of the nicer things enriched by getting the opportuabout having writnity to see the Canucks, the Lions, ten this column over the symphony or live theatre from the last five years is your excellent seats. So if your firm that lawyers I hardly know will has tickets it can’t use, don’t waste e-mail me or come up to me in the them. Donate them to KIDS UP street and tell me how much they FRONT. Website: www.kidsup enjoyed the last article. Others will front.com. Phone: 604-266-KIDS. tell me it’s the first thing they read The second cause arises from in BarTalk but they always read in a couple named Wayne and Vicki the bathroom. Still others will ask Hamill. They are offering a suite Tony Wilson is a Vancouver what kind of an idiot I must be to in their home to the parents of an Franchise Lawyer at Boughton go scuba diving with sharks withathlete during the 2010 Olympics who has written for the out a cage, and why don’t I have – for free! Free? I suppose that’s Globe and Mail, Macleans and Canadian Lawyer . the beard anymore. heresy among the real estate ownI quite enjoy being the proving classes, wringing their hands ince’s resident legal humourist; making fun of the over how much money they’ll make renting out the sacred cows of our profession and tweaking the nose Harry Potter room under the stairs, their garages or of our common wisdom. Surely, there’s a book in their doghouses. I had big plans for my doghouse these articles that CLE’s all across Canada will give until I read about the Hamills and was overcome to their speakers instead of all those umbrellas and by the warm and happy glow of altruism, selflesspaperweights. I wait by the phone with baited breath ness and that most noble of commodities – Olympic for publishers to see the marketing potential. principles. Thankfully, not everyone in Vancouver In all the years of doing this, I have never thrown sees the Olympics as a cash cow ready to be milked, my support behind any particular charity or cause; the cow cut up for steaks and the leather turned into until now. The first is called KIDS UP FRONT, and wallets and handbags. it distributes what lawyers, accountants and other So wouldn’t it be great if the CBA, in associabusiness people often have in abundance but sometion with other organizations, sponsored a homestay times can’t use: tickets to sports and cultural events program for Lower Mainland lawyers wishing to the firm has already paid for. How many times have “donate” an extra room in their houses to the Moms you been told at the last minute a client can’t make and Dads of Olympic athletes from other parts of tonight’s hockey game – “can you find a client who the world for a week? Wouldn’t it be nice to say might want to go?” Sometimes other lawyers in the that hundreds of us abandoned the Olympic sized firm will grab the tickets because a last minute client profits we could have made in favor of Olympic can’t be found. Other times no-one will go because sized ideals? it’s too late and everyone has made other plans. And to tie all of this together, when the Olympics Solution? Donate them to KIDS UP FRONT finally come to Vancouver, wouldn’t it be great if all on the day of the event, and they’ll find an underthose empty seats I saw on TV during Beijing Games privileged child who could never afford front row were actually donated to an organization like KIDS tickets in a million years and whose life will be UP FRONT rather than being wasted? BT
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BARTALK October 2008
PATRICIA JORDAN
ON THE WEB
Green Your Business Reduce, Reuse and Recycle
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ore and more busidesktop computers. One step you nesses are learning can take for office paper managethat going “green” ment includes printing, copying and and implementing generating fewer documents, and environmentally sustainable pracswitching to double-sided printing tices makes good sense. In 1991, and copying to reduce the amount the Canadian Bar Association of paper used. (CBA) adopted an environmental Purchase “Green” Products resolution policy urging lawyers The Environmental Choice to be environmentally responsible Program (www.ecologo.org), in the workplace by following Patricia Jordan is the CBABC launched by the Canadian fedthe three R’s: reduce, reuse and Web Manager. She welcomes eral government in 1988, sets recycle. Subsequently in 1993, the your comments, questions standards and certifies products CBA published Eco-Practicum: and suggestions. in more than 120 categories. The The Canadian Bar Association Guide Tel: 604-646-7861 program provides consumers with to the Environmentally Responsible E-mail: pjordan@bccba.org assurance that the products and Law Office. The CBA recently services bearing the EcoLogo launched an initiative to update the Eco-Practicum. meet environmental standards that have been veriDoing Our Part fied by a third party auditor. When purchasing The Canadian Bar Association B.C. Branch (CBABC) photocopiers, fax machines and printers, ensure they has been “green” for several years. CBABC uses have the “ENERGYSTAR®” label. recycled paper, returns used toner cartridges to the Did you know? manufacturer, and recycles bottles, cardboard, paper • BarTalk is now printed on recycled paper. and plastics by Urban Impact Recycling Ltd. (www. • Canada is the second largest producer of greenurbanimpact.com). house gases in the world on a per capita basis. A “Green” Strategy • Canadians are one of the world’s biggest per The first step of a “green” strategy is to evaluate how capita consumers of energy and electricity. your activities impact the environment. Can you • Most rechargeable batteries can be recharged recycle everything that cannot be reused? Are your up to 1,000 times. new purchases recyclable? Are you able to move to a • Over 90,000 computers have been donated paperless practice? What do you do with used batterto libraries and schools in British Columbia ies, old computer equipment, ink cartridges, paper, since 1994. etc.? How can you reduce energy consumption? • More than 43 per cent of cell phone users Most businesses have energy expenses that can replace their cell phones every two years. be reduced by incorporating energy efficiency into Any “green” steps you can take will help minimize your impact on the environment. For detailed information the way they do business. One easy step is to turn off about recycling and resources in British Columbia, visit lights, computer and office equipment when not in www.cba.org/bc/practice_resources/main/green_your_ use, and to use energy-saving modes on computers. Laptop computers use 50 per cent less energy than business.aspx (requires a CBA member number). BT M
October 2008 BARTALK
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sectionS
Section Update Keep your practice current
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information and available minutes from the Section meetings are accessible online at www.cba.org/bc in Professional Development, for enrolled CBA members. Aboriginal Law – Vancouver Island Meeting: June 27, 2008 Speaker: Lynne Partel, Executive Director, Special Claims Branch, Indian and Northern Affairs Canada, Ottawa Topic: Canada’s Specific Claims Reform Initiative and the new Specific Claims Tribunal Act
In order for a Claim to qualify as a Specific Claim, it must be at least 15 years old. The Specific Claims Tribunal Act (SCTA) which will come into force October 16, 2008, will deliver binding decisions and award substantial amounts of compensation money (up to $150,000,000). The Filing/Submission Process includes an Assessment Time Period of three years for the government to do research and a historical review. If rejected by the government, there will be an opportunity to bring the Claim before an independent Tribunal composed of Federal Superior Court Judges. Should the government determine that it has a legal obligation, a further three year Negotiation phase begins. Funding is available to First Nations if a longer period is allotted in the negotiation process. At present, more than 70 per cent of claims that come into the system are accepted, and more than 90 per cent of that 70 per cent result in settlement.
Criminal Justice & Family Law – Okanagan (Jointly) Meeting: May 8, 2008 Speaker: Jocelyn Coupal, Domestic Violence Resource Counsel for the Criminal Justice Branch
Topic: Taking an Integrated, Community Approach to Domestic Violence
Ms. Coupal, formerly the Administrative Crown Counsel in New Westminster and now Domestic Violence Counsel for the Criminal Justice Branch assisted in the creation of the Domestic Violence Response Team that takes a coordinated, integrated approach to these cases. The highlight of the meeting for family lawyers was receiving a list of factors that put the victim in extreme and predictable further danger. Family lawyers benefited from this advice as every case is not so serious as to be treated as life threatening to the victim; they need to know which ones to give special attention to. Members in attendance heard 911 calls, and discussed the reasons why victims return to abusers. The goal is to keep the victim safe, not to feel that they have failed if the victim returns to the abusive partner. Some of the domestic violence statistics are:
Section Chairs
SPOTLIGHT
David C. Dundee
Despite his name, David Dundee was not raised by wild dingoes in the Australian Outback but was born in Regina, raised in Kitimat, and educated in Toronto and Vancouver. For the past 14 years of his legal career he has practised family law exclusively, and is also a family law mediator in Kamloops with Paul and Company, a small firm of four lawyers. David wears several hats for the B.C. Branch! He has been the Family Law – Kamloops Section Chair for seven years, an Elected Member of Yale county for two years and serves as Chair of the CBABC Family Relations Act Review Working Group. Several B.C. Branch committees are benefiting from David’s commitment and involvement. He currently sits on the Legal Aid, Membership, and Planning and Priorities Advisory committees. David has contributed to the Continuing Legal Education Society, once as Co-Chair, twice as a presenter, and has acted as contributing editor for the CLE Family Practice Manual. He also volunteered for the Salvation Army British Columbia Pro Bono Lawyer Consultation Program.
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BARTALK October 2008
20 per cent of all the criminal charges laid by Police Departments in B.C. are domestic violence related; women are abused 19-35 times before they call the police the first time; and four out of every 10 solved homicides are domestic violence related and in half (50 per cent) of these, homicide police had previous knowledge of the violence. Environmental Law Meeting: June 18, 2008 Speaker: Melanie Stewart – Executive Director, Planning and Policy Research, Climate Action Secretariat Topic: Climate Change:
future linking of trading programs possible. Ms. Stewart also briefly discussed the proposed timing for regulations supporting further operationalizing the legislative framework enacted to date. Health Law Meeting: June 23, 2008 SpeakerS: Donald Yule, QC, Partner, Guild, Yule and Company LLP and David Pilley, Partner, Harper Grey LLP Topic: A Critical Look at the Proposed Health Care Costs Recovery Act (BC), 2007/2008 B.C.
See What You’re Missing!
Health Case Law Update
Mr. Yule provided a critical examination of Bill 22 (the The CBABC invites you to attend Legislative Initiatives in B.C. Health Care Costs Recovery ONE FREE SECTION MEETING This well-attended meeting Act (BC)) and its potential in person, by Webinar or telewhich, was also available by implications to Section conference. CBA membership is Webinar to members outside members in attendance and not mandatory for this offer – we Vancouver, featured an informby teleconference. Bill 22, want to remind you of the benefits ative PowerPoint presentation which creates a statutory of belonging to the CBA! View prepared by the Climate Action right of recovery for the costs upcoming Section meetings online Secretariat on B.C.’s Action of healthcare services against at www.cba.org/bc and print a on Climate Change. Reducing a wrongdoer, has passed its Privilege Pass. B.C.’s GHG (Greenhouse Gas) third reading in the Legislature emissions by at least 33 per cent and is awaiting proclamation below 2007 levels by 2020 and by regulation. Mr. Yule also at least 80 per cent below by 2050 are targets of B.C. discussed a number of provisions and issues outlined Climate Action. Five key strategies to implement this in detail in a memorandum regarding Bill 22. Mr. are: regulation, fiscal measures, market mechanisms, Pilley reviewed recent developments in health support for technology and behaviour change. Ms. jurisprudence in B.C., focussing mainly on claims Stewart showed graphs of the carbon tax from now involving physicians. He discussed in detail the through to 2011 explaining the carbon tax revenues following cases: Sadlowski v. Young, 2008 BCSC and the revenue neutrality of the tax through tax 456; Watt v. Hicks, Wong, et al.; Austin v. Joaquin, reductions including personal and corporate income 2007 BCSC 1287; and Bohun v. Sennewald, [2007] tax reductions and the low income climate action tax B.C.J. No. 408; Bohun v. Segal, [2008] B.C.J. No. 97 credit. B.C. is working in partnership with EU coun(B.C.C.A.) BT tries, US states, New Zealand, Norway and Mexico to collect and provide emissions data and make
MEET CORA Put a face to a name! Those Section meeting notices, minutes and legislative updates you receive on an ongoing basis are circulated by Cora Yuen, Administrative Assistant to CBABC Sections. Make sure you are signed up again for the 2008–2009 Section year and continue to receive her e-mails. Section activity is well underway. If you need a form please contact the Branch office or download one at www.cba.org/bc/PD/main/sections.aspx.
October 2008 BARTALK
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FEATURE
EXECUTIVE APPOINTMENTS
Executive Committee 2008/2009 BRANCH PRESIDENT Miriam Maisonville Miriam Maisonville was called to the Bar in British Columbia in 1986 and the Bar in Alberta in 1991. A graduate of the University of British Columbia law school in 1985, Miriam practices with the Ministry of the Attorney General, Appeals and Special Prosecutions, conducting fraud prosecutions and appeals. A member of the Bilingual Prosecutors group, she also conducts French language prosecutions. Miriam practised civil litigation and conducted criminal defence work prior to joining the Ministry in 1994. She is a past Chair of the Vancouver Criminal Section, and a past President of the Association des Juristes d’Expression Française de la Colombie-Britannique. PAST-PRESIDENT F. Kenneth Walton This year Ken Walton serves on the Executive as Past President. Ken graduated law school from the University of Saskatchewan in 1972. He was admitted to the Saskatchewan Bar in 1973 and the B.C. Bar in 1975. His practice life has been spent in Victoria B.C. since 1974. Presently, his work is in ICBC claims, wills and estates, CPP and WCB claims and general civil litigation. Ken has been an active Rotary Club member for years and is a past Assistant Governor as well as a past President of Kinsmen, K-40 and Rotary and a past member of many boards. VICE-PRESIDENT James M. Bond James is a Partner in the Vancouver office of Lang Michener LLP. James’ practice is concentrated in the areas of mergers and acquisitions, franchise and distribution, privacy, technology, and intellectual property law. James holds a BV Rating from Martindale-Hubbell, has been ranked for the last four years as a “Leading Lawyer” in Canada by the legal publication, LEXPERT, and has been named one of “Canada’s Best Lawyers” for 2008. James is an active volunteer, and is a former member of the Executive Committee of the Vancouver Bar Association. SECRETARY-TREASURER Stephen McPhee Stephen began his legal career in South Africa where he was called to the Bar in 1997. His law degree was earned at the University of Stellenbosch, situated in the heart of the South African wine lands, which makes his successful academic performance there even more impressive. He immigrated to Canada in 1997, obtained his Canadian legal accreditation in 2000, and was called to the Bar in B.C. in 2002. Stephen is a partner with Ramsay Lampman Rhodes in Nanaimo and practises general, commercial and civil litigation, personal injury and family law. He has a special interest in ADR.
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BARTALK October 2008
OFFICER Michael R. Dunn Michael R. Dunn (B.C. Bar 1993; ON 2005) is an enthusiastic volunteer. From 2002 until 2006, Michael R. Dunn was the Chair of the Membership Committee, member of the National Membership Committee of the CBA, member of the CBABC Legislation and Law Reform Committee, and member of the CBABC Law Week Committee. He is a member of the Ontario Bar Association, and member of National Council. In 1993, he founded the Vancouver Law Firm of Dunn & Company where he specializes in complex civil litigation. OFFICER Marina Morgan Marina Morgan has her own firm in West Vancouver, practising primarily criminal law, as well as civil litigation, mainly in commercial matters. Called to the Bar in 1985, she prosecuted in the Vancouver Region, and did complex litigation at a Vancouver firm before starting her own practice. She has been an active member of various CBA Sections and initiatives. A regular guest instructor on advocacy related, ethical and criminal matters for various professional groups, including CLE, PLTC and UBC, she also has varied board and committee experience. OFFICER Susan Elaine Wishart Sue Wishart is a partner in the firm of McKimm & Wishart in Victoria where she practises criminal defence law. Prior to graduating from UVic Law School in 1994 Sue obtained a Masters of Science degree from Queen’s University. Sue was the Chair of the Criminal Justice Section (Victoria) from 2004 to 2008 and participates annually in the CBA/UVic mentoring program. She is also on the Executive of the Victoria Bar Association and is a sessional instructor with UVic Faculty of Law, teaching Advocacy. YOUNG LAWYERS OFFICER Kerry Lynn Simmons Kerry practises at Cook Roberts LLP where she assists clients with family law and civil litigation disputes. Called to the Bar in 2000, Kerry has been a member of Provincial Council as a Section Chair from 2001-2007 and as an Elected Member for Victoria County since 2007. Among her professional and community service, she is a member of Camosun College’s Legal Office Assistant Program Advisory Committee and is appointed to the Inquiry Committee of the College of Dental Hygienists of British Columbia. Equality & Diversity Representative Jennifer Spencer Jennifer Spencer is an associate at Blake, Cassels & Graydon LLP where she practises commercial litigation and aboriginal law. A graduate of UVic Law School, she has been a member of Provincial Council as a Section Chair since 2005. Jennifer coaches the UBC Law Kawaskimhon Moot team, is a member of the Advocates Club and volunteers with the YWCA High School Girls Mentorship Program and Pro Bono Law B.C.’s civil chambers duty counsel project. Her focus as the Provincial Executive’s Equality and Diversity Representative is the contribution of women and minorities to the profession. October 2008 BARTALK
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FEATURE
ROBERT BRUN, QC
CBA – Task Force on Conflicts of Interest Report
A
t the August meeting work and its recommendations. of the CBA National It also contains a synopsis of the Council, the Task recommendations and how to Force on Conflicts of apply them when analyzing a Interest presented its Report after potential conflict of interest. almost two years of work. The 2. The Introduction briefly Report was submitted to Council describes the content of each by the Task Force Chair, Mr. Scott chapter. Jolliffe, of Gowlings. Mr. Jolliffe 3. The Recommendations are set advised Council that nothing in the out at pages 8 and 9 of the Task Force Report waivers from Report. Robert Brun, QC, of Harris the commitment to the immutable 4. Legal Analysis and Discussion & Brun, is a past President principles which necessarily guide forms the core of the Report of the CBABC, a Bencher for lawyers in their work: from pages 11 to 150. Vancouver and a member of the Conflicts of Interest Task Force. • Lawyers must never permit 5. The Appendices from pages their own interests or their 151 to 182 have lists of cases duties to others to compromise their represen cited and other sources. From page 183 tation of a client; onwards, the Report contains what has come • Lawyers must provide zealous representation; to be known as “The Tool Kit.” • Lawyers must protect client confidences. The Report of the Task Force was presented Mr. Jolliffe emphasized that clients are entitled to to Council for adoption on August 16, 2008 and expect that their lawyers will act with integrity and ultimately received the overwhelming endorsement will provide them with solid legal advice. of Council. The Task Force mandate was to propose guidelines The work is not yet over. The next phase for the for the profession in dealing with conflict issues. The Task Force will involve input on the task of amendmandate was not to attempt to overturn Supreme Court ing the CBA Professional Code of Conduct as recomof Canada decisions or to re-write the law. The Task mended in the Task Force Report. Additionally, it Force recognized that it was up to the regulatory bodies is our hope that the Task Force will be able to work to set professional standards for the profession and to with the Federation of Law Societies so that our recenforce those standards through their disciplinary funcommendations can find their way into the national tion. Ultimately as it is up to the Courts to accept or to model Code of Conduct currently being developed by reject the regulatory standards set by the Law Societies. the Federation. The final Report contains 21 recommendations The Task Force Report can be viewed on the that were developed after extensive consultation with CBA National website and I urge all members to CBA Members. The Task Force canvassed the views access and read the Report. I ask members to conof lawyers from varied type of practices, in every size sider the Report and Tool Kit to ensure that in their of firm and in every region of the country. day to day dealings with clients that they continue Ultimately the Report has five main parts: to recognize and respect the fundamental principles 1. In the Executive Summary you will find a brief articulated in the Report that must guide lawyers in explanation of the context of the Task Force’s all of their work. BT 14
BARTALK October 2008
WARREN T. WILSON, QC
FEATURE
Duty of Loyalty to an Affiliate of a Client
I
s an affiliate of a corporate In the Sidac case the affiliate was client a client for the purpose associated in the matter and so was of the duty of loyalty owed considered a client. In my view, by a lawyer to a client? The Toddglen extends the concept recent Report of the CBA Task beyond what was intended by the Force on Conflicts of Interest, Law Society of Upper Canada and August 2008 (the “Report”) devotes the law. I think the Toddglen case chapter 4 to Clients, Near-clients, was wrongly decided. It does not and Non-clients. The Report appear to have been appealed. makes the case that the client Whether or not wrongly is only the person or entity that decided, the Toddglen case does Warren T. Wilson, QC is consults the lawyer and not other have weight in Ontario. Many a retired partner at the parties who are affiliated. I agree Ontario lawyers are reluctant to Vancouver office of Borden with this proposition. However, see their firms take on cases against Ladner Gervais LLP where he is currently responsible for I have found no case in British affiliates of clients because of the lateral hires and professional Columbia dealing with the issue. Toddglen case. That concern conresponsibility and is Chair of Should the issue arise in a British strains lawyers in offices of nationthe Conflicts Committee. Mr. Columbia case, the court may find al firms outside of Ontario. Wilson is a Life Bencher and the analysis in the Report useful. The foregoing relates to ethical Past President of The Law In a national law firm, difficulconflicts. There is also a business Society of British Columbia. ties occur where the ethical rules conflict concern in deciding to act He is currently the Chair governing lawyers in one provadverse to an affiliate of a client, of The Law Foundation of ince differ from those in anotheven if the law firm does not act British Columbia. er. In the Ontario case, Toddglen for the affiliate. At least one major Construction Ltd. v. Concord Adex financial institution requires that Developments Corp. (2004) 34 C.L.R. (3d) 111 (Ont. all its lawyers seek consent before acting against Sup. Ct. [Master]), the Master considered Rule 2.04(4) either it or any of its hundreds of affiliates. It is of the Rules of Professional Conduct of the Law always wise to consider the risk of offending an Society of Upper Canada. That existing client. Even if consent is rule provides that “persons who not required for ethical reasons, “Ontario lawyers are were involved in or associated giving the client a “heads up” reluctant to see their firms with the client in that matmay be the prudent course of take on cases against ter” are also “clients” for the action. In my experience most affiliates of clients.” purpose of the loyalty rule. In large corporations understand the Toddglen case, the Master that lawyers will fulfill their considered the affiliate to be a client merely because it duty of loyalty to the corporation even though the was an affiliate, and not because it had any relationlawyer acts against a non-client affiliate. Nonetheless ship to the matter. The Master in the Toddglen case in-house counsel will appreciate a call to ensure that referred to the case, UCB Sidac International Ltd. v. such counsel can deal with any displeasure expressed Lancaster Packaging Inc., 1993 CanLII 5588 (On S.C.). within the corporation. BT October 2008 BARTALK
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GUEST
DAVID WOTHERSPOON AND NICOLE MELANSON
Tilting Against Giants‌ Can Online Counterfeiting Laws Work?
C
ounterfeitlitigants include damages, a ing is comshare of the profits, injuncmonly viewed tions, or surrender of the as a harmless infringing goods. However, infraction, a smart way to online counterfeiters are get the luxury look one difficult to sue as they frecraves at a fraction of the quently operate overseas price. In truth, counterand often have little or no David Wotherspoon and Nicole Melanson feiting is one of the fastest respect for the law or legal growing economic crimes in modern times, accelerproceedings. Further, civil remedies are typically ated by advances in Internet technology. What was only pursued by large companies as they are often once a cottage industry has become a highly sophistiprohibitively expensive. These practical problems cated network of organized crime with the capacity generally are compounded in the online environment. to threaten the very fabric of national economies, The people behind online counterfeit operations are endanger safety and frequently kill. often impossible to identify, litigate or enforce against. Recent statistics suggest two in five Canadians Internet anonymity has therefore spawned a recent admit purchasing counterfeit goods. Goods often litigation trend with brand owners targeting online counterfeited include: software, media, apparel, sales platforms like eBay. Unfortunately, Canadian industrial and household devices, food, toys, cosmetjurisprudence lacks clear rulings in this area. ics and pharmaceuticals. The prevalence of counterA more promising solution to the online sale of feit goods available online is staggering. Estimates counterfeit goods may be an Internet-based adjudishow a record $119 billion in imitation goods were cation process similar to international and national sold over the Internet in 2007. This surge is due to domain name dispute resolution procedures, such three main features of the Internet marketplace: the as the Canadian Domain Name Resolution Policy. profitable exchange of goods without prominent The rules of this process might be adapted to address marketing, illicit business activity is largely untraceonline counterfeit sales. Thus, online IP infringement able, and even if traced, is fraught with jurisdictional may effectively be targeted at the domain name sysobstacles to enforcement. tem. Domain name registration agreements could be Canada acknowledges that counterfeiting presamended to submit to online dispute resolution in the ents public health and safety concerns, and has made event of complainants that registrants use sites for the international commitments to combat this bane. sale of counterfeit goods. The dispute resolution proOur laws provide some protection for intellectual cess proposed would not supplant the civil remedies in property rights in the context of counterfeit goods. the context of online counterfeits, but be complimentaCriminal sanctions with potentially severe penalties ry. One remedy could be the cancellation or transfer of for copyright and trade-mark infringements exist. the domain name to the complainant to avoid further However, prosecution and enforcement remain inefabuse of the domain by the registrant. Even though this fective due to lack of resources and training. proposal may only provide partial or temporary relief The civil remedies available under the Tradeas the goods may still be sold elsewhere on or offline, marks and Copyright Acts depend entirely on the dilithe ability to quickly halt online sales would provide a gence of the rights’ holders. Remedies for successful first line attack on the counterfeit market. BT 16
BARTALK October 2008
LAWYER REFERRAL SERVICE
Have You Heard the One About the Lawyer… ...Who Joined the Lawyer Referral Service “LRS has given me & Watched His Practice Grow? an opportunity to be of service to a variety of small and large clients in our community. The upside for me is that many of these have become my clients. I recommend this opportunity to all B.C. lawyers.” Marianne Walters Sole Practitioner, Abbotsford, B.C.
It’s Not A Joke… See What Members of the LRS Are Saying About the Lawyer Referral Service! “Since being called to the Bar, I have been practising in a small firm with three other lawyers. I could not have survived financially without the referrals from LRS who have since become clients. Also, LRS is a great way to give back to the community. I have represented several clients pro-bono who were referred to me and couldn’t afford to pay me and didn’t qualify for legal aid. LRS is a great service!”
LRS MEMBERSHIP HELPS TO BUILD YOUR CLIENT BASE LRS target market: individuals who do not know which lawyer to contact and are able to afford a lawyer. The courts, government agencies, local businesses, community organizations and lawyers refer the public to the LRS. LRS registration is free to CBA and non-CBA members.
Kwadwo Frempong, ASH, O’DONNELL, HIBBERT, Barristers & Solicitors, Notaries Public, Richmond and Langley, B.C.
the courts, employee assistance programs, libraries, victim services and other legal services. Also, the LRS online presence attracts attention nationwide.
THE LRS IS A PUBLIC SERVICE Many lawyers enrol in the LRS as a public service, and have few expectations with respect to gaining clients. Others find the service a good source of client referrals. Regardless of your motivation, we encourage you to get involved in this worthwhile CBA program.
THE LRS SCREENS POTENTIAL CLIENTS FOR YOU LRS referral analysts screen calls so they are welltargeted, before you or members of your staff spend valuable time on the phone. When a caller reaches you or your staff, the nature of the call and the relevant areas of law are clearly established, and location and language preferences are already taken into account.
THE LRS MARKETS AND ADVERTISES YOUR SERVICES When you join the CBA LRS, your practice will benefit from the LRS marketing and advertising programs at no cost to you or your law firm. Currently, LRS reaches potential clients through advertising in the Yellow Pages in various telephone directories throughout the province. Brochures are also distributed that explain and promote the service. The public is referred to the LRS through a variety of sources including
It’s Easy to Join LRS The LRS membership application is enclosed as a BarTalk insert and is available online at the CBABC website, www.cba.org/bc, select Lawyer Referral Service under the “Initiatives” tab. Sign up for the Lawyer Referral Service today and we can start directing some of those referrals your way. Call the LRS staff at 604-687-3221 or 1-800-663-1919 for more information on how the Lawyer Referral Service can help clients find and hire you.
2007/2008 Statistics Number of incoming calls: 67,802 Number of referrals to LRS Panel Members: 37,015 Top five areas of law: family, employment (non-union), wills, estate and trusts, tort and criminal. October 2008 BARTALK
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Bench Bar Dinner
&
The Law Society of B.C. and the Canadian Bar Association, B.C. Branch warmly invite members of the profession and the judiciary to attend the 24th Annual Dinner for the Bench and Bar
Date: Time:
Place:
Wednesday, November 19, 2008 Reception – 5:45 p.m. (cash bar) Dinner – 6:30 p.m. (wine included) The Pan Pacific Hotel
Crystal Pavilion, Lobby Level 300 - 999 Canada Place Way Vancouver, B.C. Dress: Business attire Tickets: $95.00 per person ($90.48+$4.52 GST)
Tickets are limited and available only while quantities last, so place your order early. This year's Bench and Bar Dinner comes to the Pan Pacific Hotel in Vancouver, offering members of the legal profession and the judiciary a unique opportunity to enjoy an evening of good company and conversation. The Dinner will honour the recipients of the Law Society Award and the CBA Georges A. Goyer, QC Memorial Award for Distinguished Service (to be announced this fall). The Benchers are pleased to announce that John McAlpine, QC, will receive the Law Society Award for 2008 in honour of his lifetime contribution to the public and the legal profession. Please join the Benchers of the Law Society and the members of the CBA Executive and Provincial Council in paying homage to those who have made outstanding contributions to the cause of justice in British Columbia.
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BARTALK October 2008
Send _____ tickets @ $95.00 each. Total $
. GST #106843451 RT
For more information or special requirements, contact Beverly Yhap at 604-646-7855 or toll-free at 1-888-687-3404 ext. 306. Name: Firm: Address: City:
Postal code:
Telephone:
Facsimile:
Visa
MasterCard
Credit card number:
Cheque enclosed (payable to the Canadian Bar Association, B.C Branch) Expiry date:
Signature: BY FAX: Please fax your ticket order, with credit card information, to 604-669-9601 or 1-877-669-9601. BY MAIL: Mail your ticket order, with payment, to Beverly Yhap, CBABC, 10th Floor – 845 Cambie Street, Vancouver, B.C. V6B 5T3.
LEGISLATIVE UPDATE
ACTS IN FORCE
Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision. You will see a reference in some cases to the number of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill number has been given to make it easier for you to note up the Bills you may have in your library.
acts in force ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007 , S.B.C. 2007, C. 14 (BILL 33) Item 73 of schedule 15 as it amends Section 140.1 in the definitions of “failure to make timely disclosure” and “management’s discussion and analysis,” 140.3 (4), 140.4(8)(e) and (17), 140.5(1) and (2) and 141.2(2)(b) of the Securities Act, enacted by the Securities Amendment Act, 2007, are in force July 1, 2008
CARBON TAX ACT , S.B.C. 2008, C. 40 (BILL 37) Section 97 is in force July 1, 2008 Environmental (Species and Public Protection) Statutes Amendment Act, 2008, S.B.C. 2008, c. 33 (Bill 29) Section 28 is in force September 9, 2008 FORESTS AND RANGE STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 4 (BILL 8) Sections 1, 2, 3, 5, and 6 are in force June 27, 2008 GREENHOUSE GAS REDUCTION (EMISSIONS STANDARDS) STATUTES AMENDMENT ACT, 2008 (BILL 31), S.B.C. 2008, C. 20 (BILL 31) Section 18(b) and (d) are in force June 27, 2008 KNOWLEDGE NETWORK CORPORATION ACT, S.B.C. 2007, C. 22 (BILL 23) Sections 1 to 18, 20 to 24, and 26 are in force June 27, 2008
CURRENT FROM JUNE 30 TO SEPTEMBER 9, 2008 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc.
MISCELLANEOUS STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 30 (BILL 33) Sections 42 to 59 are in force July 1, 2008. Sections 67(a) and 68 are in force July 1, 2008 MISCELLANEOUS STATUTES AMENDMENT ACT, (NO. 2), 2008, S.B.C. 2008, C. 42 (BILL 43) Sections 2 and 126 to 135 are in force June 25, 2008. Sections 13, 78, 80, 83, 85(b) and 87 are in force July 1, 2008 OIL AND GAS ACTIVITIES ACT, S.B.C. 2008, C. 36 (BILL 20) Sections 152(b), (g) to (i) and (k) to (m), 163, 174 to 181, 185, 190, 191 and 195(b), (d) and (f) are in force June 27, 2008 PARKS AND PROTECTED AREAS STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 27 (BILL 24) Section 3 is in force June 27, 2008. Section 4(a) is in force July 30, 2008 PROTECTED AREAS OF BRITISH COLUMBIA (CONSERVANCIES AND PARKS) AMENDMENT ACT, 2008, S.B.C. 2008, C. 26 (BILL 38) Section 5(a), Section 7, insofar as it establishes Denision-Bonneau Park, Eagle River Park, Mara Meadows Park and Wap Creek Park, Section 9, except insofar as it establishes Broughton Archipelago Conservancy, Burdwood Group Conservancy, Kingcome Estuary Conservancy, K’zuzalt/Twin Two Conservancy and Polkinghorne Islands Conservancy and Section 11 are in force June 27, 2008. Section 5(b),
Section 7 insofar as it establishes Atna River Park and Morice Lake Park, and Section 9 insofar as it establishes K’zuzalt/Twin Two Conservancy of Bill 38 are in force July 11, 2008
SCHOOL (STUDENTS ACHIEVEMENT ENABLING) AMENDMENT ACT 2007, S.B.C. 2007, C. 29 (BILL 20) Section 20 enacting Section 82.1(2)(a), (5) and (6) of the School Act in the School (Students Achievement Enabling) Amendment Act 2007, S.B.C. 2007, c. 29 (Bill 20) is in force January 1, 2009 SECURITIES AMENDMENT ACT, 2007, S.B.C. 2007, C. 37 (BILL 28) Sections 1, 16, 17, 18, 20 and 40(c) and (f) are in force July 4, 2008 SECURITY SERVICES ACT, S.B.C. 2007, C. 30 (Bill 15) Act is in force September 1, 2008 SMALL BUSINESS AND REVENUE STATUTES AMENDMENT ACT, 2008 (BILL 11), S.B.C. 2008, C. 11 (BILL 11) Sections 1, 2(a) adding the definition of “eligible supportive housing property,” 2 (d), 3 and 4 are in force June 27, 2008 TRANSPORTATION INVESTMENT (PORT MANN TWINNING) AMENDMENT ACT, 2008, S.B.C. 2008, C. 19 (BILL 14) The Act is in force June 25, 2008 UNIVERSITY AMENDMENT ACT, 2008, S.B.C. 2008, C. 24 (BILL 34) The Act is in force September 1, 2008
Subscribe to TOPICS, BCLMA’s Free Quarterly Newsletter The British Columbia Legal Management Association’s (BCLMA) free quarterly newsletter, TOPICS, includes articles on current issues and recent developments related to law office management. For the current issue visit www.bclma.org/topics and e-mail bwaterman@rbs.ca to subscribe.
October 2008 BARTALK
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NEWS
CPD, the CBABC, and You
Kenneth Armstrong, Chair, Professional Development Committee
On January 1, 2009, the Law Society of B.C. will implement its Continuing Professional Development Program to establish educational standards for lawyers and to make participation in the program a condition of our license to practise. Apparently, almost one-third of the profession reported no formal course study when professional development was voluntary; and, nearly one-fifth reported no self-study. Now, all practising lawyers, full-time and part-time, must complete a minimum of 12 hours of approved educational activities annually. Two hours of the 12 must include any combination of professional responsibility and ethics, client relations and practice management. It does not appear self-study will be required.
The CBA is accredited by the Law Society as one of the few preferred providers of continuing professional development. Attendance at CBABC Section meetings and courses, in-person, by Webinar or by teleconference, counts toward your coursework hours. To make it easier for you, the B.C. Branch has introduced an online program at cba.org/bc to record and report your hours, provided you sign attendance sheets at Section meetings. As Chair of the CBABC’s Professional Development Committee, I plan to ensure that the CBABC assists members in meeting their continuing professional development goals by providing seminars and courses, in addition to our quality Section meetings, which are accessible and convenient for all lawyers across B.C. Section meetings may be the most affordable way for CBA members to meet continuing professional requirements. The CBABC will also continue to monitor the evolution of the Law Society’s Continuing Professional Development Program, and advocate for our members’ interests. The Law Society will distribute further details to all lawyers in early October. Continued from page 7
Furthermore, there appears to be considerable confusion as to what is a “simple conveyance” in accordance with Appendix 3 (Real Estate Transactions) to the PCH. It is respectfully suggested that this Appendix be reviewed periodically in order to keep awareness at the forefront of a lawyer’s mind. Lawyers should call the Practice Advice Department at the Law Society if they desire an objective and disinterested opinion as to whether or not they are in a conflict of interest. There is one thing that is certain and that is no firm wishes to have rumours on the street that they were in a conflict doing this or a conflict doing that and had to get off a file as a result. BT
DAVE's Tech tip Technology Tip from Dave Bilinsky’s Award-Winning Blog: (www.thoughtfullaw.com): I have been a fan of OnPoint Law Corporation’s “Take Five Newsletter” for some time. This free monthly resource summarizes five key cases from the British Columbia Court of Appeal in a clean, easy to read e-mail. The latest version (August 2008) dealt with the Robertson v. Slater Vecchio case (http://tinyurl.com/6beb8v) regarding firewalls when lawyers transfer between firms and the implementation of the Law Society’s conflict guidelines in this regard. Hats off to Sarah Picciotto and the rest of her legal research team at OnPoint Law Corporation! She is at the forefront of lawyers using off-site contract services in a cost-effective manner. You can subscribe to the Take Five newsletter by sending an e-mail to: spicciotto@onpointlaw.com. It’s alright – just take five! 20
BARTALK October 2008
NEWS
A Message From Your Work-Life Balance Committee On reading the Law Society’s 2007 Annual Report (available online if you threw out your copy because you didn’t have time to read it!), we noticed that 491 new B.C. lawyers joined the ranks in 2007, almost 75 per cent of whom will probably practise as sole practitioners. Anna K. Fung, QC, also commented in her outgoing President’s message on the “eagerness and optimism” of the new members she had welcomed to the Law Society. In addition to their eagerness and optimism, what skills will these future sole practitioners need to avoid the “oversights,” failures of “engagement management” and “lack of communication” that are the basis of 70 per cent of claims on the Lawyers’ Insurance Fund? They will need to proactively manage these risks with excellent time management and worklife balance skills. We are all more efficient and productive, and we all communicate better when we are less stressed and overwhelmed. So having a life is actually good risk management against these kinds of claims! Start today with just a few minutes for yourself; you’ll soon notice the benefits. Gradually, take more time for your life and put work in its place!
New Articling Registry Connects Law Firms With Students The Canadian Bar Association, B.C. Branch and Law Society of B.C. have launched an innovative online Articling Registry for Canadian law students and B.C. lawyers. The Registry is the first of its kind to enable both lawyers and students to look for articling positions by location, timeframe, and area of practice. Firms and students can sign on and post available positions, positions sought and resumes. Postings remain current for 45 days and can be changed and modified as desired. The Registry is designed to promote articling, including shared articles, throughout B.C., with a particular focus on sole and small firm practices outside of the Lower Mainland and Victoria region. “This was an initiative that came out of our Small Firm Task Force,” explained John Hunter, QC, President of the Law Society of B.C., “and the Task Force considered it to be likely that students who choose to article in smaller communities would, if given the opportunity, stay in those communities after being called to the Bar.” Some sole and small firm practitioners have reported that while they may not have enough legal work to justify hiring an articling student on a full-time basis, they would be in a position to share a student with another firm. The Task Force considered it to be likely that students who choose to article in smaller communities would, if given the opportunity, stay in those communities after being called to the Bar. An increase of articling students in sole and small firms would support and strengthen the viability of law practices and the provision of legal services in both the short and long term. The Task Force received strong encouragement from sole and small firm practitioners to support and promote an expanded shared articling program. “The goal of the Registry,” explained Kenneth Walton, Past President of the CBABC, “is to increase the number of articling students with sole and small firms which will support and strengthen the viability of law practices and the provision of legal services in both the short and long term throughout the province.” Over the coming months, the Law Society and CBABC will be working to encourage both lawyers and law students to post information on the Articling Registry.
Get Connected! Students and Law Firms who are interested in participating in this exciting new initiative can visit the CBABC website: www.cba.org/bc and click:
October 2008 BARTALK
21
CALENDAR
(see cba.org/bc for details)
Branch and Bar Calendar
October – November 2008 October 3 October 4 October 5
Retirement Dinner for the Hon. Judge McGivern (Law Courts Inn) Nanaimo County Bar Association AGM and Battle of Bar Bands (Convention Centre, Nanaimo) 2009 Lawyer Show Auditions (Carousel Theatre Rehearsal Space)
October 6
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries
October 8
Lawyers Assistance Program: Burns Book Group
October 17
CBABC Executive Committee Meeting (CBABC Boardroom)
October 20
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries
October 22 October 22 October 23-25 October 25
Lawyers Assistance Program: Burns Book Group Vancouver Bar Association 5th Annual Fall Wine Festival (Terminal City Club, Vancouver) B.C. Legal Marketing Association 2008 Educational Conference (The Westin Resort & Spa, Whistler) CBA National Board of Directors Meeting (Ottawa)
October 27 October 29
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries CBABC Women Lawyers Forum Award & Launch Event (Sutton Place Hotel)
November 3
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries
November 5
Lawyers Assistance Program: Burns Book Group
November 10
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries
November 12
Lawyers Assistance Program: Burns Book Group
November 13
CBABC Executive Committee Meeting (CBABC Boardroom)
November 17
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries
November 19
Bench & Bar Dinner (Pan Pacific Hotel, Vancouver)
November 21-22 CBABC Third Annual Conference: The Spirit of San Diego (San Diego, California)
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November 24 November 26
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries Fraser Valley Bar Association AGM (Sonoma Grill, Langley)
November 26
Lawyers Assistance Program: Burns Book Group
December 1
Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries
December 4
CLEBC/CBABC First Annual Residential Real Estate Conference (Pan Pacific Hotel, Vancouver)
December 5
LSBC Presidents Meeting (Delta Airport Hotel, Richmond)
December 6
CBABC Provincial Council Meeting (Delta Airport Hotel, Richmond)
BARTALK October 2008
NATIONAL NEWS
Québec 2008 Conflicts of Interest The CBA’s Task Force on Conflicts of Interest published its landmark report containing 21 recommendations dealing with the duty of loyalty, the duty of confidentiality and letters of engagement, on August 16 at the CBA’s Canadian Legal Conference in Quebec City. Since its creation in March 2007, the 16-member Task Force successfully fulfilled its ambitious mandate to propose practical guidelines for the profession in applying our duties of loyalty and confidentiality to clients. At 275-pages, the report includes a 75-page tool kit that contains forms, samples and precedents for lawyers. On August 17, CBA Council endorsed the approach of the Task Force. Over the coming months the final recommendations will be redrafted into actual amendments to the CBA’s Code of Professional Conduct, and presented to Council for final approval in February 2009. Report uuu http://www.cba.org/CBA/groups/pdf/conflicts_finalreport.pdf Toolkit Conflicts of Interest Task Force member Susan McGrath (left) joins Chair Scott Jolliffe (centre) and then-President Bernard Amyot (right) at a news conference on the release of the report.
uuu http://www.cba.org/CBA/groups/conflicts/toolkit2.aspx
Podcast uuu http://www.cba.org/CBA/groups/conflicts/
Resolution uuu http://www.cba.org/CBA/resolutions/pdf/08-04-A-ctfd.pdf
Resolutions Also on CBA Council agenda were resolutions on topics including choice of official language by clients, registered pension plans for self-employed lawyers, a comprehensive renewal of the Privacy Act, compensation of prothonotaries, and policies covering CBA preferred suppliers, event sponsors and periodical advertisers. Resolutions (requires CBA member number) uuu http://www.cba.org/CBA/resolutions/2008res/Default.aspx
Recognizing Excellence During its Conference in Quebec City in August, the CBA honoured lawyers who made exceptional contributions to the association and the legal profession.
Virginia Engel, QC of Calgary receives Louis St-Laurent Award from Second Vice-President Kevin Carroll, QC. Details on CBA award winners uuu http://www.cba.org/ CBA/News/2008_Releases/
President’s Award J. Vincent O’Donnell, QC, Ad. E. of Montreal
Louis St-Laurent Award of Excellence Virginia Engel, QC of Calgary
Public Sector Lawyers John Tait Award of Excellence Vincent Calderhead of Halifax
SOGIC Awards The Honourable Claire L’Heureux-Dubé (Ally), formerly of the Supreme Court of Canada, and Toronto lawyer Joanna Radbord (Hero)
Raymon John Hnatyshyn Award for Law A. Alan Borovoy, OC of Toronto Foundation for Legal Research Walter Owen Book Prize Marie Pratte, of l’Université d’Ottawa, and Jean Pineau, formerly of l’Université de Montréal
Touchstone Award Nova Scotia Family Court Judge Corrine Sparks of Halifax
Tarnopolsky Human Rights Award Yves Fortier, CC, OQ, QC LL.D. of Montreal Justicia Award for Excellence in Journalism Reporter Madeleine Roy and producer Mireille Ledoux for of Societé Radio-Canada’s Emission Enquete (broadcast), and journalist Don Butler of the Ottawa Citizen (print).
Young Lawyers Pro Bono Award Heenan Blaikie LLP associate Ryan Teschner of Toronto October 2008 BARTALK
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member services
This page highlights just some of the services available to members through the CBABC. Check CBABC News & Jobs every week for updates and get the Member Services advantage by subscribing to our e-newsletter: members@bccba.org with “subscribe” in the subject line. Information on all Member Services discounts is available at www.cba.org/bc (go to Member savings).
Fall Ski Promotion – October 1 - November 19 Save when you hit the slopes this ski-season with our online exclusive! CBABC is offering members outstanding discounts on ski packages to Whistler Blackcomb, Big White, Silver Star and Sun Peaks when you order online between October 1 - November 19, 2008.
Whistler Blackcomb Save up to 25 per cent on ski-tickets for Whistler Blackcomb! NEW this year at Whistler Blackcomb – the Peak 2 Peak Gondola opening in December 2008 links 8,171 acres of terrain into one continuous lift system for skiers and riders to maximize both mountains in one day!
Save 15 per cent at Silver Star, Big White, and Sun Peaks Outside the Lower Mainland, the savings continue at Big White (Kelowna), Silver Star (Vernon) and Sun Peaks (Kamloops) ski hills.
How to order: www.cba.org/bc between October 1 – November 19, 2008 Ski ticket purchases will be delivered by the last week of November.
Vancouver Canucks Tickets on Sale Get ready for the best hockey season ever. And CBABC has your tickets. Pre-Season starts September 23 against Edmonton. Tickets as low as $60 (incl. GST, shipping extra). Hurry… order in multiples of two from the CBABC website featuring discounts anywhere from eight per cent to 34 per cent off the box office. 24
BARTALK October 2008
Speaking of Hockey… the Puck Drops December 6 Lace up, gear up and head onto the ice for the CBABC’s annual Hockey Night in Richmond on December 6. A highlight of the December Provincial Council meeting, this game takes place at Richmond Ice Centre, 14140 Triangle Road from 5:30-6:45 p.m. Even if you don’t play, come watch and cheer, have a bowl of hot chili and network with colleagues. To sign up to play, contact members@bccba.org with “puck” in the subject line.
New This Year: Pre-Season Combo for Premium Canucks Games When you buy a pair of Premium Game tickets, you can add up to four MORE tickets in the same seating section for the September 23 Pre-Season game at 50 per cent off the already discounted member price! EXAMPLE: Buy four tickets for the November 28 Premium game in Upper Bowl II at $74.50 each, and you can buy up to four more tickets to the Sept. 23 PreSeason game against Edmonton in UBII at the special rate of $34.50/ticket. That’s eight tickets for two games at a total cost of $ 436 or $54.50 per ticket! (Tickets subject to availability; CBABC reserves the right to limit ticket sales.)
Are You Ready for an Emergency? If you’d like to find out more about emergency preparedness, consider attending CBA’s Lunch ‘n Learn on Tuesday, October 7 at the People’s Law Courts in Vancouver. Led by SOS Tech, this one-hour presentation will cover the basic necessities for earthquake preparedness. If you can’t attend in person, attend via webinar at the same cost. Fee: $40. For more details and to sign up, visit the website or contact members@bccba.org.
Earthquake and Emergency Preparedness Kits Back By Popular Demand CBABC is once again offering members the opportunity to purchase emergency kits packed with everything you’ll need to survive up to 72 hours in the event of an unforeseen disaster. Prices start at $48.80 for one-person kits and range up to $135 for a family of four. They make great Christmas gifts! Order before November 21 to ensure delivery in time for Christmas.
GRANTS APPROVED
The Board of Governors of the Law Foundation of B.C. met on June 14, 2008. Chair Warren Wilson, QC is pleased to announce that funding totalling $10,563,177 was approved for 18 continuing programs and 59 projects. For full details of the programs and projects that received funding, please visit the Law Foundation website at www.lawfoundationbc.org. Funding totalling $5,349,025 was approved for the following 18 continuing programs:
$168,000 TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program 2008/2009
$64,860 PORT ALBERNI FRIENDSHIP CENTRE Legal Advocacy Operating Grant
$150,000 KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program
$50,000 CONTACT WOMEN’S GROUP SOCIETY Legal Advocacy Program 2008/2009
$112,500 MPA – MOTIVATION, POWER & ACHIEVEMENT SOCIETY Court Services Program 2008/2009 $112,500 B.C. Centre for Elder Advocacy and Support Legal Advocacy Program $109,000 ABBOTSFORD COMMUNITY SERVICES SOCIETY Legal Advocacy Project 2008/2009 $99,540 YELLOW PAGES GROUP Advertisement of Public Legal Services $89,210 COMMUNITY CONNECTIONS SOCIETY OF SOUTHEAST B.C. Travelling Poverty Law Advocate Program
$2,737,750 B.C. COURTHOUSE LIBRARY SOCIETY 2009 Operating Grant
$82,500 POVNET SOCIETY PovNet Program
$535,480 B.C. PUBLIC INTEREST ADVOCACY CENTRE Operating Expenses 2008/2009
$82,500 KI-LOW-NA FRIENDSHIP SOCIETY Legal Advocacy Services for Aboriginal People Living Off-reserve
$529,425 WEST COAST ENVIRONMENTAL LAW ASSOCIATION Operating Expenses/EDRF (9-Month) $279,310 CANADIAN BAR ASSOCIATION, B.C. BRANCH Dial-A-Law, Lawyer Referral and Law Week
$75,000 SOUTH FRASER WOMEN’S SERVICES SOCIETY Legal Advocacy Program 2008/2009 $71,450 ACTIVE SUPPORT AGAINST POVERTY Legal Advocacy Program – 2008/2009
Law Foundation of British Columbia GRADUATE FELLOWSHIPS 2009/2010 VALUE: Up to five (5) Awards of $13,750 each (subject to change). CLOSING DATE: January 5, 2009. FIELD OF STUDY/ ELIGIBILITY: Full-time graduate studies in law or a lawrelated area. Applicants must either be residents of British Columbia; graduates of a British Columbia law school; or members of the British Columbia Bar. WHERE TENABLE: Recognized universities in Canada, the U.S. or abroad. NOTE: The Law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of Law at the University of British Columbia and the University of Victoria as the Law Foundation makes separate grants to the Graduate Fellowship programs at these universities. APPLICATIONS: Please visit the Law Foundation website, www.lawfoundationbc.org or contact us at Law Foundation of B.C., 1340 – 605 Robson Street, Vancouver, B.C. V6B 5J3 / Tel. 604-688-2337 / E-mail lfbc@tlfbc. org for an application form or further information.
HSBC Bank Canada Law Foundation Chair Warren Wilson, QC, commends HSBC Bank Canada for its commitment to paying a competitive rate of return on lawyers’ pooled trust accounts that ensures HSBC a spot on the Law Foundation’s most preferred list of financial institutions. As of July 1, 2008, the new agreement will pay a rate of prime less 2.25 per cent, less service charges. Our thanks go to Rory Langran, Assistant Vice President, Global Payments and Cash Management, for the leadership he has shown in making this new agreement possible. Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to British Columbians, particularly those people who have the greatest access problems as a result of their economic, social, physical or mental special needs. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries. The Canadian Bar Association (B.C. Branch), the Law Foundation, and the Law Society encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.
October 2008 BARTALK
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cbabc partners | Membership
CLEBC Update CLEBC and CBABC 1st Annual Residential Real Estate Conference The Continuing Legal Education Society of British Columbia is excited to join forces with the Canadian Bar Association, B.C. Branch, to bring you the 1st Annual Residential Real Estate Conference on December 4, 2008. This inaugural event is a precursor in what we anticipate will be an ongoing working relationship with the CBABC. Working together on such initiatives, we are able to provide B.C. lawyers with continuing professional development opportunities that combine superior educational content with excellent social networking opportunities. This conference is designed for all lawyers with a residential real estate practice and will examine many of the challenging issues facing these practitioners today. The conference, which will be held in Vancouver, will also be available province-wide for participation online through live webcast. In addition, members of the CBABC Okanagan and Vancouver Island Real Estate Sections will be able to attend a special live group webcast of this event in Kelowna and Victoria, respectively. For this conference, CBABC members will receive a 10 per cent discount on their registration. While the main focus of the conference will be the educational content, through generous donations by the Land Title and Survey Authority of B.C. (LTSA) and Dye & Durham, the day’s events will include a sponsored lunch speaker and a wine and cheese reception. CLEBC and the CBABC are both thrilled to have organizations such as the LTSA and Dye & Durham as sponsors, providing participants with an opportunity to interact and socialize with colleagues throughout the province. For more information on this and other CLEBC programs and publications, please visit us at www.cle.bc.ca.
NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of July and August of 2008:
Jennifer E. Thorne Doak Shirreff LLP Kelowna Leonides Tungohan Edwards & Michalski New Westminster Dorothy T. Wong Lang Michener LLP Vancouver
Scholars Amanda Rose Legal Services Society Vancouver
Regular Members
Marta M. Kumor Cassady & Company New Westminster
Natasha C. Allen McCarthy TĂŠtrault LLP Vancouver
W. Robert LeBlanc Bruce Ralston Law Corporation Surrey
Alan S. Blair Gowling Lafleur Henderson LLP Vancouver Ravi S. Duhra Wilson King LLP Prince George Troy J. Dungate Dungate & Company Prince George Raman Johal C & L Barristers and Solicitors Vancouver 26
BARTALK October 2008
Articling Students
Michael M. Macaulay Blake, Cassels & Graydon LLP Vancouver David Michaud NewPort Law Office Vancouver Karla Mukai Whitelaw Twining Law Corporation Vancouver Mani Sandhu
Bavia Bisetty Blake, Cassels & Graydon LLP Vancouver Shelly Butler Derek Christ Veronika Florianova Gowling Lafleur Henderson LLP Vancouver Justin Kates Miller Thomson LLP Vancouver Michelle Maniago Borden Ladner Gervais LLP Vancouver
David William Donald McCormick Borden Ladner Gervais LLP Vancouver Lisa Phillips Bull, Housser & Tupper LLP Vancouver Brendan John Piovesan Fraser Milner Casgrain LLP Vancouver Mike Preston Bull, Housser & Tupper LLP Vancouver Nora Radac Gurleen Singh Sahota Leslie Wain-Yan Woo
Law Students Aurora Beraldin Victoria Matthew Blow Yaroslav Gavrylko Vancouver Nathaniel Hartney Ian Knapp Vancouver
bar moves
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Bar Moves
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Have you recently changed firms or opened a new firm? Send your Bar Moves submission (maximum 25 words) to cba@bccba.org.
John Bromley
Shelley Chapelski
Jason Kostyniuk
Malcolm MacPherson
Sanjeev Parmar
John Bromley, Shelley Chapelski and Jason Kostyniuk, the partners of the admiralty and trans-
portation boutique law firm of Bromley Chapelski, have joined Bull, Housser & Tupper LLP as partners with the Maritime Group. Malcolm MacPherson joins Boughton’s aboriginal, banking, and corporate and business practice groups. He practices primarily in the areas of general corporate and commercial law, mergers and acquisitions, regulatory compliance, and corporate finance. Mr. MacPherson is also experienced with commercial matters as they relate to Aboriginal economic development, and assists First Nation clients with business ventures including mixed land use development. Mr. MacPherson is of Metis ancestry and fluent in French. Sanjeev Parmar joins Boughton’s securities practice group. Prior to joining Boughton he articled with
a national law firm specializing in securities and tax law. In addition to being called to the Bar in British Columbia Mr. Parmar is also a chartered accountant and worked with an international accounting firm for several years. Webster & Associates, a leader in brain injury law welcomes Barbara E. Webster-Evans, formerly supervising counsel for the B.C. Health Care Protection Program. With an extensive background in insurance litigation, medical malpractice and catastrophic personal injury claims, Ms. WebsterEvans will practice exclusively in the area of plaintiff’s personal injury law and will share her time between our offices in Richmond and Victoria, B.C.
Health & Wellness TIP List and Rank Your Worries uuu Worry is worthless. It changes nothing. But if you focus on problem-solving, you can turn a liability into an asset. Start by writing out a list of the10 things you worry about most. Now rank them from biggest to least concern. Then divide a piece of paper down the middle. Write your worries down the left side, starting with the least. Next, write out a possible real life solution next to each on the right side of the paper. Now, start trying out your solutions. Don’t think too much about it – just do it.
“Feel the Fear and Do it Anyway” courtesy of interlock 1-800-663-9099 October 2008 BARTALK
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classified ads
OCTOBER 2008
CBABC Members/Firms Commercial Organizations Next deadline: November 7
$25 $50
display
3” x 2.5” CBABC Members/Firms Commercial Organizations 6” x 2.5” CBABC Members/Firms Commercial Organizations Next deadline: November 7
insert (all of B.C.)
CBABC Members/Firms Commercial Organizations Next deadline: November 12 Next mailing: December 5
be available for a reasonable transition period, then retiring. E-mail: marvelous@telus.net
Services
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$450 $900 $810 $1,620
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intellectual property: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca. Atkinson Law Office/Business/Immigration, www.AtkinsonLaw.com referrals paid.
PRACTICE FOR SALE SMALL BUT THRIVING KELOWNA LAW PRACTICE FOR SALE. The Kelowna economy is booming and this solicitor’s practice has well-established clientele, unlimited opportunity and downtown location. The current owner will
Direct BarTalk advertising inquiries to: Jesse Tarbotton BarTalk Senior Editor Tel: 604-646-7856 or 1-888-687-3404 E-mail: jtarbotton@bccba.org
Practice Restricted To WCB Sec. 257 Determinations, Opinions and Court Applications on referral
POSITIONS AVAILABLE LOCUMS – OnPoint Law Corp. is looking for exceptional litigators and solicitors to join its Locum Division. Successful applicants must have at least five years experience in one area of law, and be available for flexible placements. Please send a resumé to Sarah Picciotto at spicciotto@onpointlaw.com or call 604-879-4280. Orchard & Company, Duncan, British Columbia is seeking one or two lawyers to join and expand a General Solicitor Practice, and a Civil Litigation Practice. Competitive salary and benefits are offered. An excellent opportunity to balance your work/personal life. Apply in confidence to admin@orchardandco.ca
WCB & CPP DISABILITY CLAIMS
GOSAL & COMPANY Barristers & Solicitors
604-267-3033
Over 14 YEARS of Workers’ Compensation Claims & Appeals Experience*
Claims and appeals Vice Chair at Review Board for 6 years More than 25 years personal injury litigation
FREE CONSULTATION
604-591-8187
CBABC Women Lawyers Forum Lunch to present the first annual WLF Award of Excellence and launch the WLF 2008-2009 year.
SARJ GOSAL*, B.A., LL.B. GAIL SAHOTA, B.Comm., LL.B.
Vahan A. Ishkanian Barristers & Solicitors Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca
CBABC WLF Lunch – October 29, 2008 at Sutton Place Hotel
#254, 12899-76th Avenue Surrey, B.C. V3W 1E6 www.gosalandcompany.com info@gosalandcompany.com
CBABC 3RD ANNUAL CONFERENCE Th
Endorsed by: 390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada
Visit Us Online:
SAN DIEGO, CA, NOVEMBER 21-22, 2008
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Details uuu http://www.cba.org/bc/ About_Us/main/eventdetail.aspx?ID=479
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BARTALK October 2008