BarTalk | December 2004 by The Canadian Bar Association, BC Branch

DECEMBER 2004

VOLUME 16, NUMBER 6

Taking action CBA launch a test case to help resolve legal aid crisis in Canada

he CBA is living up to its commitment to access to justice by launching a test case to expand the constitutional right of all Canadians to adequate legal representation. The test case litigation was approved for funding by the CBA’s Council while meeting in Winnipeg last August, and is based on governments’ failure to provide equal access to justice in Canada. “This is a matter of principle that we have been defending for years,” declared Simon Potter of Montreal to Council. Daphne Dumont, national chair of the Legal Aid Liaison Committee agrees. “It reflects the absolute importance to our members of continuing what is in effect the only initiative in Canada to do something practical about the shortfall in legal aid funding,” she said. According to the Council’s resolution, the CBA National will fund nearly two-thirds of the cost of the Legal Aid Test Case, with the balance of funding being provided by the CBA provincial Branches. All 13 branches have given their approval. A CONSTITUTIONAL RIGHT

The CBA’s Legal Aid Liaison Committee is actively seeking proposals from counsel interested in pursuing the case, and to date has received several expressions of interest. Under the guidance of the committee, legal teams are being formed in order to flesh out proposals on the case. Once the proposals are finalized, the Committee will announce the venue and successful counsel. This is expected to occur early in

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the new year. The litigation is expected to span at least three years as it makes its way to the Supreme Court of Canada. It is expected to attract interventions from some provinces, and possibly from the federal government, which partially funds civil legal aid through transfer payments to the provinces for social spending. The CBA wants to ensure that the Constitution is interpreted in such a way that Canadians in need can access publicly funded legal services when critical legal interests are at stake. “Policymakers do not currently have a clear constitutional obligation to ensure that Canadians have access to our system of justice to enforce their legal rights,” says Daphne Dumont. “We’ve built a strong case that the Charter of Rights and Freedoms can be made to expand the right of all Canadians to the legal representation they need.” A LONGSTANDING INITIATIVE

While legal aid has long been a priority of the CBA, the test case represents the culmination of a commitment that dates back to 1993, when the CBA enshrined the principles of sufficient legal aid funding for both civil and criminal legal aid in its Charter for the Provision of Legal Services. Criminal legal aid cost-sharing has been re-negotiated by the governments, but civil legal aid funding has been largely ignored. The test case will speak to the importance of funding for civil legal aid. BT

DECEMBER 2004

UP FRONT

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FEATURED THIS ISSUE

From the President

In this issue we take a look at work-life balance, with the help of the following columns:

Executive Director

Legal Conference 2005

Section Talk

Nothing Official by Tony Wilson

Achieving Work-Life Balance Mind, body and heart by Maureen F. Fitzgerald

Practice Talk by David J. Bilinsky

CBABC Work Life Balance Committee A report from the Chair by Nicole M. Byres

Member Services by Shelley Bentley

VOLUME 16, NUMBER 6

The Importance of Balance by Ginger J. E. Grant

Is Work-Life Balance Possible? by Nancy Payeur

On the Web by Patricia Jordan

GUEST CONTRIBUTORS LEGISLATIVE UPDATES

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Acts In Force Regulations to Note

Another Day at the Office Port McNeill lawyer takes his law practice to Nairobi by Mike Seaborn

New Bills to Note Reports Available

IN THE BACK

Holiday Trimmings Tying You in Knots? Handle the holidays with these tips from Interlock:

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Awards Events Bar Moves Partners Continuing Legal Education Society B.C. Courthouse Library Society Law Foundation of B.C.

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Classified Ads

BARTALK December 2004

• Avoid getting caught up in seasonal “hype” • Simplify, simplify – in gifts, entertaining, home decorating and cooking. • Reflect on your traditions. Keep those that work and adapt those that don’t. • Keep expectations realistic. Most families do not reflect perfection! • Make time for what brings meaning to the season for you – whether it’s music, beautiful lights, a walk in the park, or time with friends & family.

CAROLINE NEVIN

10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll Free (in B.C.): 1-888-687-3404 BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch. BarTalk Senior Editor Caroline Nevin 604-687-3404, ext. 320 cnevin@bccba.org BarTalk Editor Sandra Webb 604-646-7856 slgwebb@bccba.org Editorial Board Chair David Dundee ddundee@kamloopslaw.com Editorial Board Members Kenneth Armstrong Johanne Blenkin Anna Feglerska Sarah Klinger Susan MacFarlane Christine Mingie Gurminder Sandhu Veronica Singer Dierk Ullrich ©Copyright the British Columbia Branch of the Canadian Bar Association 2004. 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 10,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

THE “JUST UNDER THE WIRE PRIZE”

LETTERS TO THE EDITOR

Send your LETTERS TO THE EDITOR to:

Caroline Nevin, BarTalk Senior Editor I read with some chuckCanadian Bar Association, B. C. Branch les Tony Wilson’s recent Fax: 604-669-9601 article (Vol. 16, No. 5). It Toll free fax: 1-877-669-9601 reminded me of my E-mail: cnevin@bccba.org experience getting into law school. It was 1985. I had finished my third year of a BA program in Philosophy at UBC and was hoping to get into law school. I applied to six schools, five of which had the sense to reject me. UVic placed me on a waiting list and advised me that if I did not receive a call by August 25th (or thereabouts) to try again next year. Well, August 25th came and went and I did not receive a call. A day or so later, I happened to be golfing with my brother-in-law, John Dives, and his partner, Dan Webster, and, when I related my tale of woe, they both instructed my to call Gary Charlton and tell him that it was my dream to attend UVic's law school. I promptly did so and Gary advised me that there was still a shred of hope. Several days later, it was 4:30 p.m. and I was watching a re-run of Dallas. I was scheduled to register at UBC for fourth year the next day. I had resigned myself to the fact that I was going to have to take those boring core Philosophy courses that I did not want to take. In fact, I only needed 3 1/2 courses to complete my BA. It was going to be a waste of a year of my life! The phone rang. It was Gary Charlton. He offered me a spot. I left for UVic an hour later. I met my wife at law school. She was from Victoria. I began practising in Vancouver in 1989 but she convinced me to move back to Victoria and in 1991, I did. My wife and I were married in 1994. We have two great kids. I have my own practice which is affiliated with Jim McNeney's office in Vancouver. I have been very lucky.... On a fairly regular basis, I thank my lucky stars for the advice that I received from John and Dan, and for Gary Charlton's choice to call me. Your article reminded me once again that such small twists and turns in fate can, in hindsight, literally change one's life.

-Philip Williams

BarTalk Publication Sales Agreement #40741008

Have you moved? Let us know! If you have changed firms, changes addresses, have a new e-mail address or phone/fax number, you need to let us know. Letting the Law Society in on the secret is not enough! Contact us at data@bccba.org, phone 604-687-3404 or fax 604-669-9601. Or toll free phone 1-888-687-3404 or fax 1-877-669-9601.

December 2004 BARTALK

FROM THE PRESIDENT

MICHAEL C. WOODWARD

Lawyers Helping Lawyers A small vignette

uring my second year of helped calm me considerably, he practice, I was conducthad me tell my story, thought ing the first Supreme about it a moment, and said “Of Court trial I had done on course you can talk to this witness. my own, the defence of a wrongful In fact, I think you have an obligadismissal suit against a film societion to do that, and if you get any ty. While still in the Plaintiff’s flack (I seem to recall a stronger case, his counsel had, just after the word being used) from the trial morning break one day, called to judge over it, you tell her your the stand the executive director of lawyer is in a trial up in courtroom the Society, and begun questioning 73, and will be down to deal with Michael C. Woodward her. Although I suspect an applicait as soon as he has a break in his President 2004/2005 tion to cross-examine would readB.C. Branch own case.” Canadian Bar Association ily have been granted, no such While the grace and the forceapplication was made. fulness of the moment were As sometimes happens in these matters, I was uniquely “David Gibbons, QC”, the years since then learning many new things about my case, and badly have taught me that there are a dozen similar stories wanted to speak with my client during the luncheon in this profession, each and every day. This automatrecess. But I had heard of the “hands off” rule for ic, uncalculated giving of help to a colleague in need witnesses in cross-examination, and was quite unsure is, at bottom, a key part of the wealth of this profeswhether it applied here. I asked the client to stand by, and raced to the barristers lounge thinking I could find one of the senior lawyers from the firm in which I practiced – no luck. I This automatic, uncalculated giving of called the office – no luck. I had the idea to help to a colleague in need is, at check the Law Courts Inn, and raced up there, by now quite out of breath, nearly bottom, a key part of the wealth of panic stricken. Just inside the door was this profession. I think of it as the David Gibbons, whose reputation I knew, a foot-high stack of briefs on his table, “Big Dave Trust.” obviously deep in trial, but appearing the picture of leisure. “Mr. Gibbons,” I panted, “I need some help.” He immediately said, “It’s Dave, and we’ll get you all the help you need, but first, sit down, sion. I think of it as the “Big Dave Trust.” We are, tell me your name, and let’s get you a glass of water, each and every one of us, both beneficiaries and while you get your breath back.” After this, which trustees at the same time. BT

BARTALK December 2004

FRANK KRAEMER

EXECUTIVE DIRECTOR

News From the Branch

SECTIONS

steps to ensure we can continue publishing the B.C. Lawyers Recently, the Law Society of B.C. Directory in full in future years. instituted a requirement that all members annually report their FINANCIAL CHALLENGES continuing professional education As you might expect, with a move activities. I am pleased to report to voluntary membership in the that the Law Society of B.C. has CBA after 55 years, there is conconfirmed that attendance at siderable uncertainty as to the Section meetings may be reported CBABC’s future membership revas part of the continuing profesenue. In anticipation of the possisional educational activities Frank Kraemer ble loss of universality, Provincial requirement and review of Section Executive Director Council passed two budgets at its minutes and materials where that B.C. Branch meeting in June 2004 (prior to the review does not relate to a specific Canadian Bar Association Law Society referendum result). case or file, may be included in the One of those budgets was intended self-study activities report. Section to cover the reality within which we now operate. participation continues to be a cost-effective means of That budget necessitated some cuts for the CBABC; achieving the continuing professional education and however, I want to assure you that in making cuts, self-study expectations of the Law Society of B.C. great care was taken to ensure that programs and The CBABC has made a policy decision that in services to members were affected as little as possible. order to participate in Sections, lawyers and students One area I want to mention where cuts were must be CBA members. There will be a brief grace made, was in Branch operations. To reduce personperiod from January l to June 30, 2005 for members nel costs, all staff members experienced a six per cent who enrolled in Sections prior to November 17, 2004. salary reduction and the Branch was closed on Receipt of meeting notices and minutes and attenNovember 12, with all staff on leave without pay. dance at Section meetings will continue to be availAs you might expect, the Branch is currently in able to them; however, access to Section materials on the process of developing strategies beyond January our website, including archived materials, will only 1, 2005 where some lawyers in the B.C. will be CBA be available to members effective January l, 2005. members, and some will not. One of the measures we will take is to ensure value for CBA membership by DIRECTORY instituting, where appropriate, differential pricing I am pleased to report that the CBABC received its for goods and services provided by the Branch. first deliveries of the 2005 CBABC Lawyers CBABC members will be given, wherever possible, Directory. Based on feedback we received from our preferential rates over those lawyers who choose not members and their staff, we have produced the to be members. Directory this year in three formats: coil bound; It is a brave new world within which we now loose-leaf; and Web-based. If you have not ordered operate; however, I am confident that the Branch your Directory, you may do so at www.bccba.org. will move forward ever stronger. We ask for your I know that some members have been concerned support and participation in helping shape the “New about the continued availability of the Directory. I CBA” in B.C. BT am pleased to report that we have taken the necessary December 2004 BARTALK

Legal Conference 2005 The 2005 Canadian Legal Conference is coming to Vancouver Vancouver will host the annual Canadian Legal Conference on August 14 to 16, 2005. There are a number of ways in which you and your firm or legal organization may wish to participate. These include: volunteering in the organization of the Conference; sponsorship; the Receptions Evening; and At-Home Dinners. Vancouver is one of the most popular venues for the CBA Annual Canadian Legal Conference. Sponsorship Previous meetings in Vancouver in 1989 and 1996 There are exciting opportunities for law firms, legal were very successful. The annual Canadian Legal organizations, government and businesses to be Conference continues to be an important opportunity sponsors of this event. to receive invaluable continuing legal education; to hear highly acclaimed speakers and leading lawyers This high profile gathering generates significant on various current topics of interest; and to meet media coverage and is considered an annual focal lawyers across Canada and other jurisdictions. With point for the Canadian legal profession. Law firm approximately 1,200 distinguished legal professionals and corporate sponsorship has always been an and guests expected, this is the single largest event of important mainstay of being able to present a leadits kind within the Canadian legal profession. The ing edge Conference. There are tiers of sponsorConference will address key issues that affect the ship available that will profile the sponsor, its activpractice of law and law reform. ities, services, and reputation. Please contact our If you have any questions regarding the Canadian Fundraising Chair, Kerry-Lynne D. Findlay, QC with Legal Conference and how you may participate, any questions you may have, either directly at 604please contact the organizing committee co-chairs: 609-3066 (kfindlay@wgmlaw.com). Carman J. Overholt, QC (604-622-5165) (carman.overholt@fmc-law.com) Kenneth Armstrong (604-523-7096) (karmstronglaw@shaw.ca)

Receptions Night

At Home Dinners One of the most popular aspects of the annual Canadian Legal Conference is the AtHome Dinner where local members of the Bar have an opportunity to host dinners for the guests visiting Vancouver for the Annual Legal Conference. These dinners will be held on Saturday, August 13. Please contact our AtHome Dinners Chair, Barbara Sage with any questions you may have at 604-244-9433 (barb.sage@shaw.ca).

BARTALK December 2004

On Monday, August 15, 2005 law firms and legal organizations and groups will host receptions at various venues in the Vancouver area where there will be an opportunity to meet the guests who will be attending the meetings from across Canada and from other jurisdictions. As in the past, we expect that some of the many popular Vancouver landmarks and locations will be utilized for these receptions. Please contact our Receptions Night Chair, Ming Song with any questions you may have at 604-899-0224 (mingsong@novuscom.net).

Volunteers A meeting of this scale would not be possible without the involvement of volunteers. Participation in this event is a great opportunity to meet other members of the bar and to participate in what will be a very memorable event. All volunteers will be offered a complimentary pass to attend the conference on any day of their choice. We hope that you will consider participating in the organization of the meeting. Please contact our Volunteer Chair, Miranda Lam with any questions you may have either directly at 604-687-9444 (mlam@davis.ca)

MEMBER SERVICES

Whistler Blackcomb CBABC Member Services still has a limited quantity of adult bulk tickets for sale for $56 (plus tax). See the Preferred Suppliers insert for details and order form.

Playhouse Theatre Company Come and enjoy this season’s award winning plays at Vancouver’s Playhouse Theatre. Enjoy up to 20 per cent savings on all shows at this new member service provider of the CBABC. To reap these savings just identify your self as a bar association member when calling the Playhouse’s Audience Services at 604-873-3311. Show dates are as follows: Noises Off (November 20 - December 16); Humble Boy (January 29 - February 19); Copenhagen (February 25 March 19); and Trying (April 9 - April 30). Weekend Evening $41 CBA Price Regular Price $50

Midweek Evening $38 $46

Matinee $35 $42

Preview Evening $32 $38

2004 RESP Contribution Deadline Is December 31 With the rising cost of education, you need to start saving now. Helping parents save since 1960, the Canadian Scholarship Trust Plan has helped more parents save for their children’s higher education than any other RESP. With the Canada Education Savings Grant, you can receive up to $400 extra on top of your RESP contributions each year, for each child, to a maximum of $7,200 over the life of the plan. To start your child’s RESP, call Alana Pattee, Sales Representative C.S.T. Consultants Inc. 604-9362161 (alanapattee@shaw.ca).

Christmas Wish List text to come

Hope is not yet lost for this season’s Vancouver Canucks’ bid to reach the Stanley Cup. The CBABC has secured premium tickets to remaining games that may occur early in 2005. Stay tuned for further information on how you can get your Canucks tickets at CBABC reduced rates. December 2004 BARTALK

SECTION TALK

SHELLEY BENTLEY

The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting a given area of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.

ADR-VICTORIA

by reviewing emerging patterns in Can religion-based arbitration trithe current law, the various theobunals be implemented in B.C. ries of spousal support, as well as under the current legislation? various models of guidelines that What problems do families face are in effect or proposed in the when one or both parents are U.S. The background paper to the members of ethnic communities first stage of this project is availwhose values are rooted in Islamic able online (www.canada.justice. rather than Christian traditions? gc.ca/en/dept/pub/spousal). The role of religion in conflicts REAL PROPERTY-OKANAGAN and conflicts resolution, “sharia Shelley Bentley practises wills Many of us have come across land law” and the impact of September and estates law at Kerr trusts during our vacation travels 11, 2001 on Islamic communities Redekop Leinburd & Boswell in in B.C. but know little else about in Canada were the focus of a Vancouver. these. Sheila Harrington and Bill recent ADR Section meeting. Turner, from the Land Trust Victoria lawyers, Catherine Morris, Nurdin Kassam Alliance of B.C., explained how land trust organizaand Mary Clare Legun as well as UVic School of tions work with private landowners and professionSocial Work Professor, Mehmoona Moosa-Mitha led als to protect, in perpetuity, natural or cultural values a panel discussion. such as: grasslands; forests; riparian areas around ADR-NANAIMO creeks or wetlands; corridors for larger wildlife; Nanaimo lawyers, Peter Giovando, Rod McNeil, habitats for endangered or threatened species; comHarold Saunders and Morley McKeachie led a dismunity trails; and heritage buildings. Over the last 10 cussion of how personal injury mediation and particyears 30 conservation land trusts have formed and ularly ICBC personal injury mediations are conductare now holding perpetual title to over 180,000 ed. They shared valuable insights into the techniques hectares of significant land in B.C. Covenants can and styles that need to be employed in dealing with now restrict land use to protect existing natural feathis unique form of mediation. tures without requiring full purchase of the land. In 1994 section 219 of the Land Title Act was changed so FAMILY LAW that approved non-government organizations could The national Family Law Section recently updated hold preservation or “conservation covenants.” The members on the progress of the advisory spousal supcovenants can be either negative or positive and do port guidelines project. This project was sponsored not have to benefit nearby land. They can apply to all by the Department of Justice since its inception in or a small part of the parcel of land. The owner can September 2001 in response to growing concerns also receive a charitable receipt for any changes to the expressed by lawyers and judges that the current value of the land covenanted. In the last few years the Canadian law of spousal support is excessively disecological gift designation has increased those tax cretionary, uncertain and unpredictable. The project benefits. has a five to six year time frame and seeks to develop Ms. Harrington and Mr. Turner commented support guidelines that could be used on an advisory that in the past when governments held covenants basis only within the current legislative framework the requirements were often ignored. Now that con8

BARTALK December 2004

servation organizations hold them, requirements are not only monitored and enforced but the Finance Department of the federal government is now, because of the tax benefits, imposing fines if the covenants are not observed. SENIOR LAWYERS

Ms. Eades Telford, author of Making the Right Move: Housing Options for Seniors and numerous other books on gerontology and aging, discussed issues that seniors face and that we face as our relatives age and look to us for help. WILLS AND TRUSTS -OKANAGAN

Several recent bills, among them Bill 62, the Attorney General Statutes Amendment Act, 2004 (passed 3rd reading) and Bill 63, the Charitable Purposes Preservation Act (passed first reading), were noted. Bill 62 amends the Estate Administration Act by raising the value of small estates from $10,000 to $25,000 for which it is not necessary for a person to be appointed administrator by court order. Bill 63, if passed, would supplement the law of trusts as it relates to charitable giving by expressly recognizing discrete purpose gifts and setting out the obligations such gifts impose on a recipient charity. The Bill pro-

vides protection for the charitable purpose behind the gifts without purporting to affect the law of trusts as it relates to those gifts generally or any other gifts, charitable or otherwise. David Bilinsky, Practice Standards Advisor at the Law Society of B.C. addressed the latest practice issues facing wills and estate practitioners: What is the latest client research saying about how successful lawyers build their practice? What techniques work in building a wills and estates practice? How can technology help you? Mr. Bilinsky commented that the effect of the information revolution has been that clients no longer believe a professional is smarter than they are and they wish to be treated with personal parity. The only competitive edge left for professionals is forging unique personal bonds with clients. Lawyers need to learn how to build trust early and build it deeply with clients. Several benefits flow from a strong trusting relationship: clients expect to form a team with their legal advisor, and they expect their legal advisor will communicate often, increasing their satisfaction with the services rendered. Clients have little price resistance when a legal advisor held on personal parity terms has advanced their interests and their life. BT

Women Lawyers’ Forum Mentoring Project The Women Lawyers’ Forum Mentoring Committee has nearly completed the first year of its successful Mentoring Project and is now accepting applications from both mentors and mentees for the upcoming year. The Mentoring Project facilitates mentoring relationships for women in the legal profession. If you are: It's never too late to enrol! • an experienced woman lawyer who would like to mentor; If you agree that getting specialized information • a woman lawyer at any level who would like to be and staying up to date is important, consider joining mentored; or one or more of the CBABC's 73 Sections. As a • a woman lawyer who would like to participate in Section member you will be notified of meetings peer mentoring, and receive minutes (all for a nominal cost). To The Mentoring Program application form can be date, 93 Section meetings have been held since downloaded from www.bccba.org (it’s located in the September. The CBABC uses provincial Sections as “Women Lawyers Forum” area). a resource in legislative review, law reform initiaIf you would like more information on the tives, media comment and on matters affecting the Mentoring Project, please contact Debra M. Van profession. An enrolment form is available at Ginkel at dvanginkel@wgmlaw.com or Gal Dor at www.bccba.org or one can be faxed or e-mailed to gal.dor@blakes.com. you by calling the B.C. Branch office. Enrol today!

December 2004 BARTALK

PRACTICE TALK

DAVID J. BILINSKY

Time Management for Lawyers Taking control of your life

“Time, time, time is on my side, yes it is…” Words and music by Norman Meade, recorded by the Rolling Stones

achievements and it will serve as your reference point now and all times in the future. Add to it whenever the mood strikes you. Review it often. This is the list that creates meaning to your life.

e are all born equal, or so we lawyers believe. PERSONAL PLAN Take your dream list and start to However idealistic re-order it (this is where doing it that statement may be, in a word-processor comes in it is true in at least one respect. All David J. Bilinsky is the handy). Group your life goals of us are allotted the same 24 hours Practice Management Advisor under different headings, such as: in each day. What we do with at the Law Society of B.C. “Financial Goals,” “Family those hours determines many E-mail: daveb@lsbc.org. Goals,” “Career Goals,” “Personal things. It is certainly true that each Goals” and the like. The headings of us desires to use our time effecwill become apparent to you as you read through tively and efficiently to do the things that we must do your list. This grouping will allow you to place difin order to leave time for the things that we wish to ferent goals in context. do. It is also true that there are principles of time management that can be learned and applied in WORK PLAN order to reach our preferred life’s goals. Here is an Now that you have some experience with the overview of some of the techniques that are put formethod, start to make a list of everything that you ward that allow us to do what we have to do in order need to do in the office. Again, it helps if this is in a to do what we want to do: word processor, as you can sort and re-order the list in terms of priority (You can also use Amicus DREAM Attorney, Outlook, Time Matters or one of a number Yogi Berra said: “If you don't know where you are of other software programs that build ‘To-Do’ lists). going, you will wind up somewhere else.” Here is an Here the idea is to end up with a list of all the things exercise: Take whatever writing instrument that you need to do in the office. You will be continually suits you (a word processing program, a pad of lined adding to this list and as such, it is important for you paper or sheets of loose leaf) and start making a list of to be able to access this list on a continual basis. Start everything that you need or want to do in your lifeto mentally group the tasks on your list as to whether time. In particular, do not list work-related items. they can be done in a few minutes, a hour, a few The idea here is to make a list of all the goals for your hours or longer (your ‘work tasks’). Also read life. Run a marathon. Sock away $X for your retirethrough your list and make a note of the most ment. Learn to juggle. Pay for your kid’s university unpleasant task that you must do today. education. Buy a sports car. Start a charity. Take a cruise. Write a book. Whatever is important in your TAKE CONTROL life should find its way onto your list. Now keep this Now look at your calendar, look at the appointments list close to you in your office. This list will be the that you have today and the available time that you explicit listing of your stated life’s goals and desired 10

BARTALK December 2004

have left. Assuming that you have at least one uncommitted hour, pick off the most important items from your work tasks and start to make appointments with yourself to accomplish your work. If you use Amicus Attorney or Time Matters or Outlook, you can drag and drop your ‘To-Do’s’ right onto your calendar. Here the idea is to specifically commit your time via your appointment calendar to reflect your most important tasks. FACE THE INEVITABLE

these take you away from your priorities. Certainly there are times when you must drop everything and put out fires. However, truly those times are rare – in most cases these interruptions are urgent but not important tasks that are crowding out your important but not urgent tasks. As such, you must seek to turn off the interruptions during your best work time in order to accomplish your tasks rather than have the interruptions steal time away from you. Put the phone on call-answer, turn off Outlook and close the door. Have your secretary stop people from walking in. Use your best time to do your most important

Now, take your most unpleasant task for the day and schedule it as your first appointment with yourself. The idea is “Now, take your most unpleasant task for the to get rid of the worst thing that you have to do that day right at day and schedule it as your first the start. If you make this a regappointment with yourself. The idea is to get ular daily habit, you will build a positive, self-reinforcing behavrid of the worst thing that you have to do that ior pattern that automatically avoids procrastination and day right at the start. If you make this a avoidance behaviors. In fact, it is regular daily habit, you will build a positive, an excellent idea to use the repeating appointment schedulself-reinforcing behavior pattern that ing feature in electronic calenautomatically avoids procrastination and dars to make a daily appointment with yourself for 30 minavoidance behaviors.” utes each work day, say at 9:15 – 9:45 am, to “Get the Worst tasks for the day. Once that time is over, then answer Over.” Seeing that appointment in your calendar will e-mail, return phone calls, etc. But take control of school you to deal with your worst task at that same your time first!! time each day. FIT IN THE SMALLER STUFF, TOO

After you have penciled in your most important items for the day and your worst task for the day, start to block off time to work on some of your important but smaller (in terms of time demands) tasks. The idea is to create a blend of work and tasks that allows you to have some variety in your day. LIFE’S GOALS

Take one of your life’s goals and work it into your daily schedule. Be sure to set some time aside each day to take you toward a life goal. AVOID INTERRUPTIONS

Interruptions will seek to do one thing – dominate your day. E-mail, phone calls, office drop-ins – all of

DELEGATE

Of all the time saving techniques, learning to delegate is certainly one of the best. By delegating tasks we are multi-tasking and allowing others to work with us and grow. Mentoring is a quality that is appreciated by younger lawyers and staff alike. Time management is as much a skill as it is an art. What is important is to explore the different techniques that are available and then select what works for us in order that we can truly say that time is on our side. BT The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia.

December 2004 BARTALK

NOTHING OFFICIAL

TONY WILSON

Happy Whatever Happy

Whatever

have a small problem with takes place in the summer. They Christmas cards. You know, could call it: “Dave Bakes a Salad.” the ones offices like mine send Or that classic Alistair Simms “A out every year to offices like Christmas Carol” could be yours. Not surprisingly, they're released at Halloween and more or less the same as the ones renamed “The Phantom offices like yours sends each year Menaces.” to me. But even though you call Or maybe Christmas should them “Christmas Cards” and I call just come off the calendar altothem “Christmas Cards,” for some gether, the way “Spring Break” reason, the cards rarely say “Merry seems to have taken over the Tony Wilson is a Franchise and Christmas,” do they? They say Easter Holidays I grew up with. Intellectual Property lawyer at “Seasons Greetings,” which means Call it “Winter Shopping Boughton. He’s written for the absolutely nothing to anyone so it Holiday” or “MasterCard Default Globe and Mail, the Vancouver means absolutely nothing offenDay” or “Family Squabble Sun, and Macleans magazine. sive to anyone either (Which seaFestival.” E-mail: twilson@boughton.ca son? Which greeting?). It’s used Of course, we’re almost there because of our collective desire to aren’t we? Every year around this time, school disbe inclusive, non-confrontational, and non-offensive tricts around B.C. gnash their politically correct to people who might feel offended, confronted or not teeth wondering whether to rename the school included by receiving a Christmas card. Christmas Concert, “Winter Festival.” A few years Or they wish the recipient “Happy Holidays” in ago, one school did just that, removing all the tradiCyrillic, Arabic, Hebrew, Chinese, Japanese and, of tional religious Christmas songs from the repertoire, all things, Klingon; the recipient getting to pick the leaving only songs about Santa, presents and buying language of their “Happy Holidays” without having one’s way to happiness (every religion has its songs, I to pick what those holidays might be. The Druid fessuppose). The outrage forced the school to eat more tival of Nolagh? Kwanzaa? Hanukkah? Ta Chiu? than its fair share of crow. The following year, a You’d think in this age of niche marketing when department store in B.C. directed its entire staff to retailers can pinpoint my buying habits from the beer say “Happy Holidays” at the cash till instead of I drink, lawyers would be able to figure out who’d be “Merry Christmas.” The store's owners were roasted thrilled to get a Christmas card and who wouldn’t. like chestnuts by the local media and legions of shopPerhaps we should all start sending cards that pers still won’t go back there because of it. say: “We’d prefer to wish you a Merry Christmas, but on Now don't get me wrong. I’m as cynical about the off chance it might upset you, we’ve settled for the three wise men as I am about the Coca-Cola “Seasons Greetings” in six languages so as not to risk losSanta, but because I love the songs, Scrooge, and the ing your business. Please pick a language and a holiday turkey, I’m going to say Humbug to the doyens of that works for you and have a Happy Whatever!” political correctness and send cards that say “Merry But why stop there? Maybe Stuart McLean Christmas” until they officially decide to rename the could re-write “Dave Cooks a Turkey” for the Vinyl “A Charlie Brown Christmas” “Charlie Brown’s Cafe so it’s more inclusive for secular vegetarians and Happy Holidays.” BT 12

BARTALK December 2004

PATRICIA JORDAN

ON THE WEB

CBA, Working For You Your online resource

Here are some quick facts about Dial-A-Law: • Between January and midNovember 2004, more than 73,000 online scripts were downloaded. That’s double the number downloaded last year. • In 2003, 34,885 online scripts MEMBER DISPUTE RESOLUTION were downloaded SERVICE • Dial-A-Law is now available in If you have a conflict with another Chinese and Punjabi. Patricia Jordan is the CBABC lawyer or staff, and you're looking • Dial-A-Law is a free, convenManager, Interactive Media. for outside help to resolve it, try ient way for the public to learn She welcomes your comments, the CBA Member Dispute about the law and their rights as questions and suggestions. Resolution Service. Lawyer volunresidents of B.C. Tel: 604-646-7861 teers will talk to you on a confi• To access Dial-A-Law by phone, E-mail: pjordan@bccba.org dential basis to help work out discall 604-687-4680 or 1-800-565putes that aren't reportable Law 5297 Society matters. New in the CBABC Newsroom is information on the CBA MLA Contact Network. The provincial PROFESSIONAL DEVELOPMENT government hears from many interest groups and Gain insight into today's issues through CBA organizations, each with a vested interest in shaping National's CLE programs and the CLE Society of policy and influencing decision-making. The CBA B.C.’s programs. MLA Contact Network provides members with an opportunity to play an important role as the profesSTANDARD REAL ESTATE FORMS sion’s first line of contact with our province’s elected The standard form real estate contract of purchase officials. The MLA Network pairs members of and sale developed by CBABC and the B.C. Real Provincial Council with each of B.C.’s MLAs at a Estate Association is available under “Information local, or constituency, level. BT Kits & Standard Forms.” n the October issue of BarTalk I wrote about Practice Resources that are available online. Here is an introduction to a few more resources that can be found at www.bccba.org in “Practice Resources.”

DIAL-A-LAW ONLINE

Dial-A-Law is a public service operated by the Canadian Bar Association, B.C. Branch and funded by the Law Foundation of B.C. It consists of a library of scripts prepared by lawyers to provide practical information on specific areas of law as they apply in B.C. Dial-A-Law is available on the B.C. Branch website, and also by phone as recorded scripts.

SITE DU JOUR www.cba.org/cba/PracticeLink PracticeLink is a CBA website that offers practical tools, information and tips to help with the day-to-day issues of running a law practice.

December 2004 BARTALK

LEGISLATIVE UPDATE

STUART RENNIE

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 ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 (BILL 56) Summary Bill 56 repeals and replaces the 2003 Administrative Tribunals Appointment and Administration Act. Bill 56 creates a comprehensive set of statutory powers and procedures that are applied by reference through consequential amendments to each tribunal's enabling legislation. Sections 63 to 66, 70 to 78, 83 to 93, 104 to 114, 128 to 130, 142 to 155 and 164 to 171, all make consequential amendments to Bill 56. In Force Sections 63 to 66, 70 to 78, 83 to 93, 104 to 114, 128 to 130, 142 to 155 and 164 to 171 are brought into force October 15, 2004 See Regulations to Note BUSINESS NUMBER ACT, S.B.C. 2003, C. 50 (BILL 36) Summary Section 16 repeals the reference in Bill 36 to the City of Vancouver in the list of public bodies permitted to enter into agreements respecting the use by public bodies of the system of 14

BARTALK December 2004

Stuart Rennie is the CBABC Legislation & Law Reform Officer. He can be reached at 604-949-1490 or e-mail srennie@bccba.org.

business numbers established under the Act. In Force Section 16 is in force September 10, 2004 See Regulations to Note COMMUNITY, ABORIGINAL AND WOMENâ&#x20AC;&#x2122;S SERVICES STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 34 (BILL 36) Summary Section 4 amends the Community Charter to permit local governments to use money available in their capital reserve funds for other capital projects instead of going outside to borrow at higher interest rates. Section 15 amends the Local Government

Act to permit local governments to impose development cost charges on projects that involve residential developments whose size is smaller than the current limit. Section 16 amends the Local Government Act to permit local governments not to impose development cost charges on projects whose value is greater than the current limit. Section 21 amends the Vancouver Charter to permit the City of Vancouver to impose development cost levies on residential developments. In Force Sections 4, 15, 16 and 21 are in force September 10, 2004 ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2004, S.B.C. 2004, C. 18 (BILL 13) Summary Section 18 of Bill 13 amends the 2003 Environmental Management Act (Bill 57), including to: permit regulations to be made regarding monitoring, reporting and sampling requirements. In Force Section 18 is in force October 22, 2004 See Regulations to Note

REGULATIONS TO NOTE

FINANCE STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 62 (BILL 69)

PRIVATE CAREER TRAINING INSTITUTIONS ACT, S.B.C. 2003, C. 79 (BILL 52)

Summary Sections 42 to 44 of Bill 69 amend the Society Act including to: require societies to make their annual financial statements available to the public, permit societies to charge a fee for copies of these financial statements and provide a remedy for an applicant who is not provided with copies of these financial statements to apply to the registrar for an order or to apply to court for an order.

Summary Bill 52 repeals the Private PostSecondary Education Act and its Supplement and replaces it with Bill 52. Bill 52 creates: the Private Career Training Institutions Agency and a Student Training Completion Fund.

In Force Sections 42 to 44 are in force November 1, 2004 See also Bills to Note and Acts in Force for Society Amendment Act, 2004, S.B.C. 2004, c. 27 (Bill 32) and Regulations to Note for Society Act MISCELLANEOUS STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 23 (BILL 18) Summary Bill 18 amends 21 statutes. Section 33 amends the Trinity Western University Act to make consistent the degrees offered under the Act with those offered under the Degree Authorization Act. In Force Section 33 in force September 10, 2004

In Force Act, except sections 14 (2) and 25 (2) (g) and repealing the Private Post-Secondary Education Act, both effective November 22, 2004 PROVINCIAL REVENUE STATUTES AMENDMENT ACT, (NO. 2), 2003, S.B.C. 2003, C. 64 (BILL 42) Summary Sections 1, 2 (b), 3, 6 and 8 (b) and (c) amend the Motor Fuel Tax Act including to make amendments to fuel-tax and coloured fuel provisions. In Force Sections 1, 2 (b), 3, 6 and 8 (b) and (c) are in force September 15, 2004 See Regulations to Note REAL ESTATE SERVICES ACT, S.B.C. 2004, C. 42 (BILL 41) Summary Bill 41 repeals and replaces the Real Estate Act. The definitions of “compensation fund corporation” and “special compensation

LEGISLATIVE UPDATE

fund” in section 1 of the Act are in force. Sections 109 to 115 establish the Real Estate Compensation Fund. Section 135 provides for funding for the special compensation fund. In Force Definitions of “compensation fund corporation” and “special compensation fund” in section 1 and sections 109 to 115 and 135 in force September 10, 2004 SOCIETY AMENDMENT ACT, 2004, S.B.C. 2004, C. 27 (BILL 32) Summary Bill 32 makes several amendments regarding governance of societies and powers of the registrar under the Society Act. In Force Act in force November 1, 2004 See also Acts in Force for Finance Statutes Amendment Act, 2004, S.B.C. 2004, C. 62 (Bill 69) and Regulations to Note for Society Act REGULATIONS TO NOTE ADMINISTRATIVE TRIBUNALS ACT, amends B.C. Reg. 425/2004 (effective October 14, 2004, B.C. Reg. 451/2004) BUSINESS NUMBER ACT, amends the Business Number Regulation (B.C. Reg. 388/2003) to replace references to the “Company Act” with references to the “Business Corporations Act” (effective September 10, 2004, B.C. Reg. 406/2004) December 2004 BARTALK

LEGISLATIVE UPDATE

NEW BILLS TO NOTE

ENVIRONMENTAL MANAGEMENT ACT, amends the: Contaminated Sites Regulation (B.C. Reg. 375/96); Permit Fees Regulation (B.C. Reg. 299/92); Hazardous Waste Regulation (B.C. Reg. 63/88); and Waste Discharge Regulation (B.C. Reg. 320/2004) (all effective October 22, 2004. B.C. Reg. 464/2004), creates the Recycling Regulation, repeals the Beverage Container Stewardship Program Regulation (B.C. Reg. 406/97) and repeals the Post-Consumer Residual Stewardship Program Regulation (B.C. Reg. 111/97) (all effective October 7, 2004, by B.C. Reg. 449/2004)

58) to create the B.C. Rail Benefits (First Nations) Trust to benefit specified eligible First Nations and treaty societies. In force by regulation

HEALTH CARE (CONSENT) AND CARE FACILITY (ADMISSION) ACT, amends the Health Care Consent Regulation (B.C. Reg. 20/2000) (effective October 1, 2004, B.C. Reg. 431/2004)

Property Transfer Tax Amendment Act, 2004, S.B.C. 2004, c. 70 (Bill 70) to amend the Property Transfer Tax Act, R.S.B.C. 1996, c. 378 to change how tax applies to pre-sold strata units. Act in force retroactively from January 1, 2001

MOTOR FUEL TAX ACT, amends the Motor Fuel Tax Regulation (B.C. Reg. 414/85) (effective September 15, 2004, B.C. Reg. 417/2004) SOCIETY ACT, amends the Society Act Regulations (B.C. Reg. 4/78) to set the maximum fees for financial statements (effective November 1, 2004, B.C. Reg. 470/2004) NEW BILLS TO NOTE ABORIGINAL LAW B.C. Rail Benefits (First Nations) Trust Act, S.B.C. 2004, c. 58 (Bill 16

BARTALK December 2004

Northern Development Initiative Trust Act, S.B.C. 2004, c. 69 (Bill 59), companion statute to the B.C. Rail Benefits (First Nations) Trust Act, to create the Northern Development Initiative Trust and to permit the government to pay specified grants. In force by regulation COMMERCIAL & REAL ESTATE VANCOUVER ISLAND AND REAL PROPERTY

FREEDOM OF INFORMATION/PRIVACY Freedom of Information and Protection of Privacy Amendment Act, 2004, S.B.C. 2004, c. 64 (Bill 73), in response to possible the application of the USA Patriot Act to B.C., especially regarding provincial government contracts for public services granted to USrelated private sector privacy companies, to create new rules limiting personal information disclosure outside Canada. In force on Royal Assent on October 21, 2004

NATURAL RESOURCES FORESTRY LAW Forests Statutes Amendment Act (No. 2), 2004, S.B.C. 2004, c. 63 (Bill 65) including amendments to the: Forest Act, R.S.B.C. 1996, c. 157; Forest and Range Practices Act, S.B.C. 2002, c. 69; Forestry Revitalization Act, S.B.C. 2003, c. 17; Forests Statutes Amendment Act, 2004, S.B.C. 2004, c. 36; Protected Areas Forests Compensation Act, S.B.C. 2002, c. 51; Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436; Wildfire Act, S.B.C. 2004, c. 31. In Force on Royal Assent on October 21, 2004 Range Act, S.B.C. 2004, c. 71 (Bill 57) repeals and replaces the Range Act. In force by regulation WILLS AND TRUSTS B.C. Rail Benefits (First Nations) Trust Act, see Aboriginal Law Charitable Purposes Preservation Act, S.B.C. 2004, c. 59 (Bill 63), as a result of Brothers Pascal Rowland et al. v. The Christian Brothers of Ireland in Canada et al, 2001 BCCA 527 (leave to appeal to SCC dismissed May 24, 2002) (www.courts.gov.bc.ca/jdbtxt/ca/01/05/2001bcca0527.htm), including to define “charitable purpose” to permit a charity donation for a specific charitable purpose to be used exclusively for that purpose and prevent charity donations from being used to satisfy unrelated debts or other liabilities of the charitable organization. In force by regulation

NEW BILLS TO NOTE

Northern Development Initiative Trust Act, see Aboriginal Law VARIOUS SECTIONS Attorney General Statutes Amendment Act, 2004, S.B.C. 2004, c. 57 (Bill 62), including amendments to the: Administrative Tribunals Act, S.B.C. 2004, c. 45; Estate Administration Act, R.S.B.C. 1996, c. 122; Financial Institutions Act, R.S.B.C. 1996, c. 141; Forest and Range Practices Act, S.B.C. 2002, c. 69; Libel and Slander Act, R.S.B.C. 1996, c. 263; Motor Vehicle Act, R.S.B.C. 1996, c. 318; Offence Act, R.S.B.C. 1996, c. 338. In force on Royal Assent on October 21, 2004 or by regulation for specified provisions Expropriation Amendment Act, 2004, S.B.C. 2004, c. 61 (Bill 67) including amendments to the Expropriation Act, R.S.B.C. 1996, c. 125. In force on Royal Assent on October 21, 2004 or by regulation for specified provisions Finance Statutes Amendment Act, 2004, S.B.C. 2004, c. 62 (Bill 69) including amendments to the: Business Corporations Act, S.B.C. 2002, c. 57; Financial Institutions Statutes Amendment Act, 2004, S.B.C. 2004, c. 48; Pension Benefits Standards Act, R.S.B.C. 1996, c. 352; Society Act, R.S.B.C. 1996, c. 433. In force on Royal Assent on October 21, 2004 or by regulation for specified provisions Justice Modernization Statutes Amendment Act, 2004, S.B.C. 2004, c. 65 (Bill 64) including

amendments to the: Class Proceedings Act, R.S.B.C. 1996, c. 50; Crown Proceeding Act, R.S.B.C. 1996, c. 89; Court Rules Act, R.S.B.C. 1996, c. 80; Evidence Act, R.S.B.C. 1996, c. 124; Small Claims Act, R.S.B.C. 1996, c. 430. In force on Royal Assent on October 21, 2004 or by regulation for specified provisions Land Title And Survey Authority Act, S.B.C. 2004, c. 66 (Bill 68) to establish the Land Title and Survey Authority of British Columbia in order to operate and maintain the land title and survey systems of B.C. In force by regulation except for specified provisions that come into force on dates certain Miscellaneous Statues Amendment Act (No. 3), 2004, S.B.C. 2004, c. 67 (Bill 74) including amendments to the: Community Charter, S.B.C. 2003, c. 26; Community Charter Interim Regulations, B.C. Reg. 429/2003; Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, S.B.C. 2003, c. 52; Court Rules Act, R.S.B.C. 1996, c. 80; Environmental Management Act, S.B.C. 2003, c. 53; Gaming Control Act, S.B.C. 2002, c. 14; Medicare Protection Act, R.S.B.C. 1996, c. 286; Miscellaneous Statutes Amendment Act, 2004, S.B.C. 2004, c. 23; Motor Vehicle Act, R.S.B.C. 1996, c. 318; Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44; Personal Information Protection Act, S.B.C. 2003, c. 63; Police Act, R.S.B.C. 1996, c. 367;

LEGISLATIVE UPDATE

Protected Areas of British Columbia Act, S.B.C. 2000, c. 17; Securities Act, S.B.C. 2004, c. 43; Strata Property Act, S.B.C. 1998, c. 43; Vancouver Charter, S.B.C. 1953, c. 55. In force on Royal Assent on October 21, 2004, by regulation or on dates certain as specified Motor Vehicle Amendment Act, 2004 S.B.C. 2004, c. 68 (Bill 66) amending the Motor Vehicle Act. In force by regulation Safe Streets Act, S.B.C. 2004, c. 75 (Bill 71) to make it an offence for a person to solicit in an aggressive manner or solicit to a captive audience. In force by regulation Social Service Tax Amendment Act (No. 2), 2004, S.B.C. 2004, c. 76 (Bill 76) to amend the Social Service Tax Act to reduce the provincial sales tax from 7.5 per cent to 7 per cent, including reducing the sales tax on legal services. In force retroactively from October 21, 2004 Transportation Statutes Amendment Act, 2004, S.B.C. 2004, c. 72 (Bill 75) including amendments to the: Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165; Greater Vancouver Transportation Authority Act, S.B.C. 1998, c. 30; Motor Vehicle Act, R.S.B.C. 1996, c. 318; Municipalities Enabling and Validating Act (No. 3), S.B.C. 2001, c. 44; Transportation Act, S.B.C. 2004, c. 44; Transportation Investment Act, S.B.C. 2002, c. 65. In force on Royal Assent on October 21, 2004 except for specified sections that come into force by regulation December 2004 BARTALK

LEGISLATIVE UPDATE

REPORTS AVAILABLE

Trespass Amendment Act, 2004, S.B.C. 2004, c. 73 (Bill 72) including amendments to the: Trespass Act, R.S.B.C. 1996, c. 462; Land Surveyors Act, R.S.B.C. 1996, c. 248. In force by regulation University Amendment Act, 2004, S.B.C. 2004, c. 74 (Bill 60) amends the University Act, R.S.B.C. 1996, c. 468. In force by regulation REPORTS AVAILABLE CONSULTATION PAPER ON LEASES OF UNSUBDIVIDED LAND AND THE TOP LINE CASE (OCT. 2004) Source: B.C. Law Institute. Available at: www.bcli.org INTERNAL AUDIT IN HEALTH AUTHORITIES: A STATUS REPORT (OCT. 2004) Source: Office of the Auditor General. Available at: www.bcauditor.com /AuditorGeneral PREVENTING AND MANAGING DIABETES IN BRITISH COLUMBIA (OCT. 2004) Source: Office of the Auditor General. Available at: www.bcauditor.com/ AuditorGeneral PRIVACY AND THE USA PATRIOT ACT: IMPLICATIONS FOR BRITISH COLUMBIA PUBLIC SECTOR OUTSOURCING (OCT. 2004) Source: Information and Privacy Commissioner of B.C. Available at: www.oipcbc.org

BARTALK December 2004

SALMON FOREVER: AN ASSESSMENT OF THE PROVINCIAL ROLE IN SUSTAINING WILD SALMON (OCT. 2004) Source: Office of the Auditor General. Available at: www.bcauditor.com/ AuditorGeneral

TIME LIMITS FOR THE SERVICE OF JURY NOTICES: A CONSULTATION (SEPT. 2004) Source: Supreme Court Rules Revision Committee. Avai-lable at: www.courts.gov.bc.ca/sc

Refugee Lawyers Group Wins Human Rights Award From MOSAIC MOSAIC (Multilingual Orientation Service Association for Immigrant Communities) presented a Human Rights Award to the CBABC Refugee Lawyers Group (an off-shoot of the Immigration Section) in September. The Refugee Lawyers Group (“the Group”) was recognized for its commitment to the cause of human rights, particularly with respect to its work on legal aid issues. The Group advocates for refugee rights and networks with community groups on refugee-related issues.

West Coast Environmental Law Awards Dr. Andrew Thompson Award West Coast Environmental Law is pleased to announce the Honourable David Anderson as the winner of the first Dr. Andrew Thompson Award. The award recognizes an individual for lifelong contributions to the environmental protection and sustainability of B.C. through the law. It also honours Dr. Andrew Thompson who died in 2000. As a lawyer, environmental consultant, backbench MP and minister Mr. Anderson has advocated for the environment and sustainability. He has been a champion of laws and policies that reduce the risk of oil spills on B.C.’s coast, effective laws to mitigate climate change and effective clean air regulations for cars and trucks.

AWARDS

Warren Wilson, QC Receives Goyer Award In the presence of 250 members of the legal profession, Warren T. Wilson, QC received the Georges A. Goyer, QC Memorial Award at the Bench & Bar Dinner on November 17. The award is the highest honour bestowed by the Canadian Bar Association, B.C. Branch. Mr. Wilson was recognized for his role as a mentor and teacher and for his work for the Canadian Bar Association, the Law Society, the Law Foundation, the B.C. Courthouse Library Society, the Faculty of Law at UBC and CLE. “To every project, Warren always brings commitment, energy, preparation, intelligence, legal and financial acumen, humour and unfailing courtesy to and in respect of all others involved. As to his contributions, he has always been a leader, one who is liked and admired by all of those who deal with him in the profession generally and in his firm,” said Kenneth Bagshaw, QC, who co-nominated Mr. Wilson. Created in 1992, the Goyer Award recognizes exceptional contributions to the legal profession, jurisprudence, development of law, or a significant Warren T. Wilson, QC, the 2004 recipient of the law-related benefit to B.C. It is awarded in memory Georges A. Goyer, QC Memorial Award for of Georges A. Goyer, QC, a respected CBABC memDistinguished Service is pictured with Michael ber who passed away after a courageous battle with Woodward, B.C. Branch President (right). cancer.

Student Awards CANADIAN BAR ASSOCIATION SCHOLARSHIP

On October 13, Sally Ruldolf, an outstanding second year law student at UBC, received the Canadian Bar Association Scholarship (sponsored by CBA Financial Services Corporation). Ms. Rudolf is studying in a joint program combining a Bachelor of Laws degree with a Masters in Asia Pacific Policy Studies. She brings a strong volunteer background in equality and human rights issues to her studies.

• promotion of justice and law reform; • promotion of equality among members of the profession and law students; and • a demonstration of exemplary public or community service. The 2004 recipients are UVic law student Lorne Neudorf and UBC law student Jesse Nyman. The awards were presented at each school’s mentor reception in October.

CBABC STUDENT AWARDS

LAW SCHOOL ACHIEVEMENT AWARD

The CBABC annually selects one student from each of B.C.’s two law schools to receive a $2,000 award. The award recipient is someone who exemplifies the best ideals that are served by the CBA. These ideals include: • participation in activities that support members of the profession and law students;

On October 5, Trisha Apland, a first year law student at UVic, received the Law School Achievement Award (sponsored by CBA Financial Services Corporation). Ms. Apland brings enthusiasm, energy, and a rich work and volunteer experience to her legal studies. With a background in psychology, she has volunteered in employee assistance, union representation, and rape relief work. December 2004 BARTALK

FEATURE

NICOLE M. BYRES

CBABC Work Life Balance Committee A report from the Chair

or the past three years the scope of the existing section of the B.C. Branch has sponBranch website, to incorporate sored a special committee information on this broader topic. called the Child Care As the committee revises and Working Group. Its mandate was increases the information and to gather information related to resources on the Branch website, child care, hiring of nannies, further notices will invite memparental leave benefits, etc. and bers to check it out. make that information available to The committee has identified members through the Branch’s some projects it will complete durwebsite. While working on its ing the 2004-2005 year but would Nicole M. Byres is the mandate, committee members like to receive your input into how 2004/2005 Chair of the CBA, recognized that there were related its work could assist you or your B.C. Branch Work Life Balance work-life balance issues (such as law firm prior to finalizing both Committee. elder care) which CBA members short-term and long-term goals. were dealing with. From other To that end, the committee would surveys and research into this area, we know that like input from any member who may have a sugwork life balance is an important concern not only gestion for an issue the committee ought to consider for lawyers, but also for firms who face the economrelating to work-life balance and well-being. ic costs associated with losing lawyers or failure to Members are invited to e-mail (rfabbro@bccba.org) recruit lawyers. (Either because lawyers have no supsuggestions for projects or information which they port or perceive the firm will not provide support for believe would be of assistance to members. BT their efforts to have a successful career while retaining an otherwise healthy lifestyle). Based on the above noted experience and research, and 3 Tips for Balancing Work and Family because the working group had 1. Be realistic – Work-life balance is more like a teeter-totter: in real completed its original mandate, it life, demands on you from work and your personal life constantly evolve made a proposal in the spring of and change. Therefore, develop strong home, community and work this year that the B.C. Branch resources for support. approve the creation of a new regular committee called Work Life 2. Be organized – Efficiency is key, and that means delegating work, Balance Committee. This new prioritizing your tasks, and taking or maintaining control over things committee formed in August of you have control over. Learn to say “no.” this year. The committee’s man3. Be disciplined – Work as productively as you can during the day and date is to promote and provide week to minimize opportunities for work to infringe upon other information relating to work-life priorities such as exercise, rest, and time with family and friends. balance and well-being, for the Adapted from balancing work and life articles, from CBA PracticeLink. For articles on benefit of Branch members. The work-life balance, visit www.cba.org/practicelink. committee intends to expand the

BARTALK December 2004

MAUREEN F. FITZGERALD

FEATURE

Achieving Work-Life Balance Mind, body and heart

and be merry.” You must at the t seems that lawyers are trying harder and harder to achieve very minimum, eat well, sleep and work-life balance, but very littake breaks and enjoy an active tle seems to be working. Why life. Eating well usually involves is work-life balance so elusive? being aware of what you eat and Research shows that only trying to eat better foods at more about two per cent of people feel regular intervals. Sleeping well they are in balance. Recent Health means sleeping at least six hours a Canada research indicates that night and getting the relaxation Canadians are suffering from a you need to rejuvenate your body. serious decline in job satisfaction, Being merry means doing things Maureen Fitzgerald is a lawyer reduced organizational committhat bring you joy. and professional speaker. She ment and a significant increase in is the author of four books job stress and absenteeism. The LEVEL 3. HEART – ADOPT including “Mission Possibledirect cost of high work-life conPOSITIVE BELIEFS AND VALUES Creating a Mission for Work In order to make long-lasting and Life” (Quinn) and “Hiring, flict is in the range of three to five Managing and Keeping the change you must also shift at the billion dollars annually. Best” (McGraw Hill). E-mail: level of “heart.” This relates to Psychologists will tell you that info@thefitzgeraldgroup.ca your motivation to get balanced. change is slow and difficult and This motivation is driven by hidthat any fundamental change must den beliefs and values that can either propel you into occur on several levels. In other words, we must learn action or prevent you from even beginning. Without about what is needed to change, we must adopt the proper beliefs, your efforts will be less successful. habits to bring about the desired change, and we For example, many lawyers believe that if they do must commit to this change. In order to increase your not work 80 hours a week they will not be an excellife balance you must adopt strategies at three levels: lent lawyer. These beliefs keep us working long mind, body and heart. Here are some specific ways to hours. Try replacing these beliefs with more conbegin to do this: structive beliefs such as, “being happy and healthy is critical to my personal and professional success.” If LEVEL 1: MIND – DEFINE BALANCE you have beliefs that are not supporting your goal to The first step in achieving life balance is to define be in balance they must be challenged. what life balance means to you. This definition of balance is yours and yours alone. Try to recall when you had a reasonably balanced life. “We can not change the wind but we What did it look like? What were you doing? What made it so great? Now, try to remember can adjust our sails.” - Anonymous times when your life was out of balance. What did it look like? What made it so terrible? Now, write out your definition of balance. If you truly want a more balanced life, you must shift at all three levels: mind; body; and heart. Do LEVEL 2: BODY – EAT, SLEEP AND BE MERRY something about balance today. If not now, when? BT In my presentations I urge audiences to, “Eat, sleep December 2004 BARTALK

FEATURE

GINGER J. E. GRANT

The Importance of Balance

alance may be simple, nal marketing message as a prombut it is never an easy ise to the associates and partners discipline. Far too often, with whom you work. Does your we are asked to take on behaviour support your promise? tasks that create imbalance in our If inconsistent, you will constantly lives. When you move away from try to achieve “buy-in.” If inconsisyour natural strengths, imbalance tent, associates and staff will is the result. A poll by the Gallup respond negatively as it becomes Organization discovered that the obvious the emperor has no average employee spends only 20 clothes. If consistent, you will per cent of the time actively retain valuable intellectual capital, Ginger J. E. Grant, MA is an engaged in work that maximizes the people who help you co-create expert in corporate culture his or her individual strengths. your story on a daily basis. The and creativity. The implications are staggering. If story you tell externally must the average engagement in North reflect the story you live internally. America is only 20 per cent, what would happen if Organizational balance starts from within. you were 100 per cent engaged in your work? In Pick an image that represents the balance you brief, doing work that you love and at which you seek in your life. Now pick another image that repexcel. It is an interesting question to pursue: what resents the balance currently experienced in your percentage of your talent is being utilized? work. Do the images differ? Such projective techWhat would be the difference in your firm, nique comes from the world of archetypal psycholosmall or large, if every lawyer, partner, legal assistant gy, finding the story beneath the story. This underlyor secretary was engaged in work that brought each ing story is the foundation for your brand and should individual recognition, meaning, and closer relationdrive any external marketing effort. In order to creships with colleagues and clients? In a world sufferate a brand that is effective, you must reach the heart ing from information overload, sometimes the most as well as the mind. Do you communicate what you powerful attention-grabbers are the things you don’t most deeply care about? know. If work-life balance is an issue, you may have If you think of your life in terms of a story, credisconnected your story from its living source. ative tension is what makes the story interesting. Work-life balance is the symptom of a disease where Justice is usually portrayed as blind, suggesting to me personal aspirations are not considered, respected to move beyond what is visible to the naked eye. and more importantly honoured. The stories you tell What is the underlying environment or culture in are like a living fire. They can spark engagement and which you work? What is not obvious or clearly light up your future, or burn your house down. understood? What is being said that is unspoken? Choose them wisely. What are the stories told around the water-cooler? As an example of an internal story that sparked Is there a disconnect between your external marinnovation, see: www.storytellings.com/clients.htm keting message and your internal corporate culture? and click on Ford Commercial No. 1 (not yet If so, work-life balance will become an issue, a sympreleased in Canada). Can you find the contract? See tom of the underlying problem. Consider your exterhow the story within became the story without. BT 22

BARTALK December 2004

NANCY PAYEUR

FEATURE

Is Work-Life Balance Possible?

• Make a commitment to wellecently a Fast Company article entitled “Is ness. This includes developing Balance Bunk?” queshabits of healthful eating, gettioned the realism of ting enough sleep, and regular achieving work-life balance. “down” time. Given the daily pressures of prac• Learn stress management techtising law, many lawyers will niques: meditation and physical agree that achieving perfect workexercise have helped many. life balance is impossible, especial• Set realistic expectations of ly during busy periods. yourself and others. Over the long-term, though, • Let go of perfectionism – for Nancy Payeur, MSW, RSW is a lawyers ignore the need for balsome tasks, “good enough” is Regional Director with ance at their peril. Our experience enough. Interlock. She presents with lawyers tells us that many • Establish clear boundaries frequently to organizations on struggle with work-life issues. A between work and personal wellness related topics. chronic lack of balance may contime. tribute to depression, anxiety, sub• Say “no” to unreasonable stance abuse, and relationship difficulties. requests and offer reasonable alternatives. As with other professionals struggling with this • Manage expectations with senior partners, colissue, lawyers face external and internal stressors. leagues and clients, and negotiate workable deadExternal stresses include pressures for produclines or tradeoffs. tivity at the workplace. While technology has made • Make technology work for you, including knowlife easier in many ways, it has also brought with it ing when to turn it off. the challenges of constant interruption, distractions, • Build in daily “buffer” time for reflection, planand unrealistic expectations for an immediate ning and priorizing. response. Technology has diminished the boundary • Communicate your needs to others and ask for between work and home life so it becomes even eashelp when you need it. Take a teamwork ier to take work home. Deadlines and heavy workapproach. loads often pull legal professionals into leading Defining work-life balance is highly individual unbalanced lives. Such lives have scant time for and changes over time. To achieve it is challenging leisure, activities with family and friends, and everybut not impossible with commitment and planning. thing else that brings joy and revitalization. The final goal is to become healthier, happier and Lawyers are typically achievers with high expecmore productive at the things that count in life. BT tations of their own performance. They often put great pressure on themselves, setting unrealistic goals If you’d like help getting into balance, call 1-800or trying to control factors over which they have no 663-9099 or 604-431-8200. Interlock provides control. They may not want to admit to being overprofessional, confidential counselling to B.C. lawyers and their immediate family members. whelmed, and may be reluctant to ask for help. The Program is available at no charge to members For lawyers concerned about balance, some recof the Law Society of B.C. ommended strategies include the following:

December 2004 BARTALK

GUEST COLUMN

MIKE SEABORN

Another Day at the Office Port McNeill lawyer takes his law practice to Nairobi

he rainy season has started “Medical” where there is a nurse in Nairobi and the red and referals to doctors; dust which gets on and in “Community Services” where Coming by November virtually everything has counselling is available for the 24 turned to red mud, coating the many survivors of torture and sexsidewalks in a thin slippery layer, ual violence. After passing this making walking on them a treachdesk they are given numbered tags erous proposition. Sidewalks are and proceed to an inner waiting infrequent in Nairobi and so most area to be seen by UN workers. of the time when walking one is In the Protection Unit I intercompeting with the harrowing view refugees residing in Nairobi Mike Seaborn works for the traffic for the edge of the road. and review their written security United Nations High I walk to the UN in the mornclaims. We try to identify those Commissioner for Refugees. ing and it is my favorite part of the who may be at risk, such as people who held high profile political day. I pass Asian women in brightpositions, journalists and vunerable women. If possily coloured saris walking young children to school, ble, services are provided to them to increase their older school children in their private school unisafety here. forms, African women with large bundles balanced While sitting at the reception desk I look around on their heads, the occasional glue sniffing street kid, the open air compound, at the refugees clustered on who walk around with plastic bottles containing the benches, the busy UN workers, the translators scurglue permanently stuck to their lips, and the many rying around trying to match language to refugee, business people gingerly picking their way through the numerous highly visible guards, and realise that I the worst of the mud. Near the UN High am the only white person there, something I'm getCommissioner for Refugees office there is stretch ting used to. where there are always road touts, people standing in An elderly woman, dressed in long black robes the middle of the road offering wares for sale. Aside and a black shawl over her head, is told she is there from the usual plastic bric-a-brac and household on the wrong day and will have to come back. No items some of the more interesting things for sale number for her. This does not go over well and she have been puppies, one squiming under each arm, adopts the interesting strategy of plunking herself inflated pink Barbie beach balls and, the other day, a down on the floor in front of the desk and comguy with a stand up coat rack. He had one arm mencing to wail, burying her face in her shawl. drapped over it, like he was hanging out at a party, Several guards immediately surround her. The while traffic streamed past him on either side. Reception Officer, unperturbed, tries to reason with Recently I spent a morning with the unflappable her. This goes nowhere. He waves in the next refugee Reception Officer at the reception desk. Here, every who nimbly steps around the woman and, completly morning, he sorts out the 200 or so refugees who ignoring her wailing just inches from his feet, conshow up, sending them to the right place for assisducts his business. The Reception Officer tries again. tance: “Eligiblity” for new asylum seekers to deter“Mama, please mama, we cannot help you while you mine if they are legitimate refugees; “Protection” for sit there. Stand up mama and maybe we can help those with security concerns (where I work); 24

BARTALK December 2004

MIKE SEABORN

you.” This only produces more wailing and some arms raised to the sky beeching, which is left untranslated by the bemused translator. “Next,” and another refugee hops around the woman. Eventually the woman is persuaded to get up and go back to the benches, where she composes herself. The guards disperse. The rest of the refugees are dealt with. By the end of the morning I'm frayed from just watching. The Reception Officer gathers together bundles of paperwork he has been left with, all the matters that did not fit neatly into a category and which he must now deal with. The refugees are

GUEST COLLUMN

all in the waiting area, clutching their numbered tags. Another day at the office. BT Mike Seaborn practised law for eight years as a partner in the firm Jones Seaborn & Company on northern Vancouver Island. In May 2004 he left the firm to travel to Africa to see what adventures he might find and if there were people he could help with his law skills. In October he began working for the United Nations High Commissioner for Refugees at their office in Nairobi, Kenya.

For Stressful Times 9 workplace gifts of peace and affirmation 1. THE GIFT OF HELPING OUT

Really go out of your way these days to ask your neighbor at work if he or she need help. Empoyers: assist your people to get off the treadmill at work. 2. THE GIFT OF CLEAR EXPECTATIONS

Employers and managers: make doubly sure your people know what you expect of them these days. Unclear job expectations create tension and uncertainty that grinds people down. 3. THE GIFT OF JOB FULFILLMENT

Bosses, remember: a pay cheque buys bread for the table. Job fulfillment buys bread for the soul. Go out of your way to help make sure your employees have the tools and the time they need to do the job they are qualified to do. 4. THE GIFT OF SHARING SUCCESS NOT JUST WORK

Co-workers: share the credit for the things that get done well at work and not just the workload

itself. Cheer each other on. Let the boss know who really helped you out today. 5. THE GIFT OF E-MAIL CEASEFIRES

The next time you are about to email a neighbor at work, don’t. Go visit them. The casualties of stress mount daily from information overload and floods of abrupt or uninvited e-mails. 6. THE GIFT OF LIBERATION FROM CALL-FORWARDING

For all our sakes, delete useless call forwarding messages. They seldom live up to the promise of a “real person” at the end of the line. Instead, leave a welcoming invitation–in your own voice–and invite the caller to leave a message. And call them back. 7. THE GIFT OF INCLUSION

More than ever, make sure your neighbors and employees at work are included in meetings, going to lunch, sharing information. A lot of us feel alone these days in the midst of many.

8. THE GIFT OF TRUST

Managers: stop breathing down the neck of your employees. Let them know you believe in them. Co-workers, show neighbors at work that you can be trusted and try hard to trust others yourself. 9. THE GIFT OF BEING HOME

In these nervous times, employers may find their people thinking overtime about their kids and their families, wanting to be home when the children come home from school. Respect this. Double-check the work deadlines your people are operating under. Are they reasonable, necessary? Be alert to the emotional commitment and the time and understanding they need to manage that commitment. BT Adapted from “12 Gifts for Workplace Support and Affirmation – 2004” by Bill Wilkerson, Roundtable Co-Founder and CEO (www. mentalhealthroundtable.ca)

December 2004 BARTALK

EVENTS

Law Week Committee Plans Expanded Fun Run Join us for the second annual Law Week Fun Run in early April of 2005. The 2005 Fun Run will have clowns, food, music and a children’s play area. There will be two routes: a 10 km in the trails of Pacific Spirit Regional Park; and a 2.5 km fun run/walk for parents and kids. At the finish line, youngsters may paint their own T-shirt, and enjoy clowns, music, and food. This is one of those rare events where the bench, bar, law school students, professors and everyone else in the legal community can come together to take part in a fun activity and support the B.C. Branch’s Law Week events. We encourage all members of the legal community to bring their families along to enjoy the second annual 2005 Law Week Fun Run. We can’t do it without you!

Criminal Justice Conference The International Society for the Reform of Criminal Law will hold its 2005 conference in Edinburgh, Scotland, June 26-30. The conference, entitled “Modernisation of Criminal Justice Systems” will examine the impetus for change in criminal justice systems; the rise of crime and resulting political response; cooperation between police, judiciary and prosecuting authorities and international cooperation; modernisation of criminal justice systems in the post-conflict of failed states. For details, visit www.isrcl.org.

Lawyers Back on Stage For a Good Cause In February 2004, more than 25 members of Victoria’s legal community entertained audiences in “The Man Who Came to Dinner” at the McPherson Playhouse (photo at right), raising $10,000 for Kaleidoscope Theatre Productions, Victoria’s theatre for young audiences. Lawyers on Stage Theatre (LOST) will present “All I Really Need to Know I Learned in Kindergarten” at the McPherson Theatre, February 25-26, 2005. Along with auctions and a reception, each evening’s central focus will be a tightly woven adaptation of Robert Fulghum’s best-selling book in revue format, with monologues, dialogues, and multiple voice narration. Tickets are $35. To secure your seats, call the McPherson Playhouse Box Office at 250-386-6121.

* Vancouver’s Arts Club and Touchstone Theatres will present “The Lawyer Show” on March 11-12 at the Stanley Theatre. The 2005 show is Agatha Christie’s “Murder on the Nile.” Call 604-687-1644 for early bird tickets ($65).

BARTALK December 2004

L-R: Maureen Andersen, Peter Johnson and Mayland McKimm, QC were cast members in last year’s production by Victoria’s Lawyers on Stage Theatre. This year’s show plays February 25-26. Call 250-386-6121 for tickets.

Branch & Bar Calendar

December 2004 - February 2005 January 7

Executive Committee Meeting (CBABC Boardroom)

January ?????

CBABC President’s Dinner

January ?????

Dinner with the Chief Justices and Chief Judge

January 18

New Westminster Bar Association Meeting Annual Judges Dinner (Westminster Quay, 6 p.m.)

February 3

Executive Committee Meeting (CBABC Boardroom)

February 8

New Westminster Bar Association Meeting (Westminster Club, 5:30 p.m. Guest: Brett Marchand of Manulife Financial. Topic: Canadian Bar Financial Corporation and Retirement Planning)

February 17-20

CBA National Mid-Winter Meeting (Charlottetown, PEI)

Mentorship Programs Successful Again UBC

CBA lawyers and UBC law students gathered on October 13 at UBC’s Cecil Green for the annual UBC CBA Mentorship Reception. This year’s reception was the best attended mentorship event in the program’s history. The program, which offers UBC law students with the opportunity to foster interaction with professionals in the legal community, matched 147 UBC law students with CBA lawyers for the 2004-2005 academic year. Program organizers commend CBA members for their incredible commitment to the program. This year, there were more lawyers committed to volunteering than UBC law students available, and this situation enabled, for the first time, some UVIC law students to be matched with Vancouver based lawyers. For more information on the current program or to volunteer for next year, please e-mail Alissa Macpherson, UBC CBA Student Representative (ubc_cba_mentorship_program@yahoo.ca). UVic Text to come

V V V

Options for Lawyers Seminars

Options for Lawyers Seminars are held in Vancouver on the third Wednesday of every month. This networking, educaLAPBC tion and support group for lawyers and is free for members of the legal community. For assistance or information on meetings and resources call 604-685-2171 or toll free 1-888-685-2171. The LAP office is located at 415-1080 Mainland Street, Vancouver. www.lapbc.com

The Lawyers Assistance Program (LAP) provides confidential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem.

Support Staff Compensation and Lawyer Hourly Rate Surveys are now available. Call Bianca Bishop at 604-646-7863. December 2004 BARTALK

BAR MOVES | BRAVO

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

Coming by November 24

LISA ALEXANDER, RANDY LEVINE, and MORRIE SACKS have moved

their independent family law and mediation practices under the same roof and have opened the Collaborative Centre - a space dedicated to helping couples reach divorce settlements without going to court. The first such space in all of North America!

Tom Manson

LAUREL ELIZABETH BIEBER (nee Nast) opened her practice in Prince Rupert in August 2003. Laurel Bieber

Law Corporation serves clients primarily in the areas of family law, criminal defence and civil litigation. DANIEL GELB has relocated from Victoria to Vancouver and has joined the law firm of Klein Lyons where he

continues to practice in the area of personal injury litigation. KIRANDEEP K. GILL has joined Sliman, Stander & Company where she will practise personal injury and gen-

eral civil litigation. ANDREW HALPER has left Denton Wilde Sapte and joined Eversheds, also of London UK. A corporate partner, he heads the firm's China Business Law Group. RENÉE M. HOGGARD has moved from Myers, Waddell, McMurdo & Karp in Vancouver and now practices with Swadden, Virgin & Young in Victoria in the area of civil litigation.

After three years in securities regulation, TOM MANSON is returning to private practice to join Josephson & Company in their new Cathedral Place offices.

CBABC Appointments The following people were recently appointed to serve as CBABC representatives for three year terms:

TIMOTHY SCHOBER was re-appointed to the Continuing Legal Education Society of B.C. Board of Directors. ALEX SWEEZEY was appointed to the B.C. Courthouse Library Society Board of Directors.

JOHN WADDELL, QC was appointed to the Law Foundation of B.C. Board of Governors.

BARTALK December 2004

GREG T. PALM has joined Hungerford Tomyn Lawrenson and Nichols in Vancouver to continue his civil and commercial litigation practice with an increased focus on insurance litigation. ERIN K. TAIT has left Lawson Lundell and now practises with Koffman

Kalef Business Lawyers in the area of commercial real estate. KAREEN A. ZIMMER recently moved from Borden Ladner Gervais LLP

to the Corporate Law Department of the Insurance Corporation of B.C.

Westbank Lawyer Wins Customer Service Award Congratulations to Paul Hergott, of Bassett & Company, who won the Westbank B.C. Chamber of Commerce Customer Service Award in October. The Customer Service Award is presented annually to a business “that provides its customers with a consistency of excellent in quality customer service... beyond customer expectations.”

Civil Justice Reform Working Group The objective of the B.C. Supreme Court Rules “is to secure the just, speedy and inexpensive determination of every proceeding on its merits.” The pursuit of civil claims, however, has become so costly, time-consuming and complex that most citizens cannot contemplate litigation in our Supreme Court. These problems of cost, delay and complexity have become endemic in civil justice systems around the world. In order to find solutions to these issues, the Law Society of B.C., in March 2002, formed the Justice Review Task Force (“JRTF”). In addition to the working groups established to review issues concerning family law, street crime and large criminal cases, the JRTF recently formed the Civil Justice Reform Working Group (“Working Group”). The Working Group will need to reconcile two fundamental but competing interests: comprehensive due process and affordable dispute resolution. Access to the court and the trial system is fundamental to our society. Our courts promote social order and public confidence by deciding the tough cases, establishing legal precedent, and protecting the vulnerable. The reality, however, is that very few cases go to trial; the system is overwhelmingly a dispute resolution system, not a litigation system. The Working Group will therefore review the B.C. justice system, research reforms in other jurisdictions and consider how our system can: Working Group Members • Chief Justice Donald Brenner, Supreme Court of B.C. (Co-Chair) • Allan Seckel, QC, Deputy Attorney General (Co-Chair) • Madam Justice Laura Gerow, Supreme Court of B.C. • Judge Dennis Schmidt, Provincial Court of B.C. • Master William McCallum, Rules Revision Committee • Richard Margetts, QC, representing the Law Society of B.C. • Jim Vilvang QC, representing the CBABC • Helen Pedneault, Assistant Deputy Minister, Court Services Branch

• resolve the bulk of disputes fairly, quickly and efficiently; • for those cases that need to go to trial, reduce cost, increase efficiency and maintain fairness; • ensure that procedures and cost are proportional to the matters in issue; and • maintain public confidence. This important work will be done in consultation with key stakeholders including the B.C. legal profession. Your input is essential to ensure the proposed changes are workable. The Working Group will submit its report and recommendations to the JRTF by December 2005.

• George Macintosh, QC, Member at Large

Working Group Online

• Barbara M. Young, Member at Large

interested parties may visit the Justice Review Task Force’s website (www.bcjusticereview.org) to view Working Group activities, Terms of Reference, media Releases and discussion papers and to submit comments and suggestions.

December 2004 BARTALK

CBABC PARTNERS

CLE Update NEW BOOK COLLABORATIVE PRACTICE: DEEPENING THE DIALOGUE

Collaborative Practice: Deepening the Dialogue is the road map for family lawyers making the journey from traditional litigation to collaborative practice. A leader in the collaborative law movement, Nancy Cameron has written an essential resource for professionals who are practising in or making the change to collaborative family practice. In a thoughtful, humourous, and concise manner, she scrutinizes the landscape of traditional litigation-based family practice, and provides guidance on how to rethink personal and professional values, to develop the new skills required in collaborative practice, and to set up an interdisciplinary collaborative family practice. She â&#x20AC;&#x153;deepens the collaborative dialogueâ&#x20AC;? by raising some of the complex issues and challenges faced by collaborative practitioners. COURSES

Trial: From Theory to Verdict, Jan. 14, Vancouver PPSA 2005: Primer and Workshop, Jan. 27, Vancouver MBA Concepts for Lawyers, Jan. 28, Vancouver Medicine for Lawyers, February 3, Vancouver Rule 18A Applications, February 10, Vancouver (offered live, online and video repeats)

Courthouse Library Society Appoints New Executive Director

Law Courts Education Society To Celebrate Its 15 Year History

Members of the bar are invited to help celebrate 15 years of the Law Courts Education Society of B.C. on Tuesday, January 18 (4:30 to 7:00 p.m.) at the Law Courts Inn in Vancouver. Organizations represented on the Board of Directors will receive a special thank you for their partnership over the years. The Honourable Stephen Owen, Minister of Western Economic Diversification and Minister of State (Sport), will speak on the role of public legal education in society. The Hughes Award will be presented to Aric Hayes (in memoriam), dedicated teacher and volunteer. The evening will include a silent auction to help

The Board of Directors of the B.C. Courthouse raise funds for educational programs. There will be Library Society has announced the appointment of a no-host bar and appetizers will be served. Johanne A.C. Blenkin as Executive Director of the Attendance is free, but space is limited. Please BCCLS, effective November 1, 2004. RSVP by e-mail (events@lawcourtsed.ca), by fax Ms. Blenkin has practised law on Vancouver (604-775-3476) or by phone (604-660-9874). Island since 1994. From 1990 to 1994, Coming by November she was Chief 24 Librarian at Russell & DuMoulin where her responsibilities included management of the main library and three satellites. Ms. Blenkin was one of two CBABC representatives to the BCCLS Johanne A.C. Blenkin Board of Directors from 2000. 30

BARTALK December 2004