BarTalk | December 2008

DECEMBER 2008

volume 20, number 6

A Major Victory for Lawyers in B.C. CBABC advocacy to protect retirement savings pays off

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n November 2, 2008, Premier Gordon Campbell announced that the Provincial Government will be acting on the Canadian Bar Association B.C. Branch (CBABC) recommendation that RRSPs and similar savings instruments be protected from seizure by creditors.

The day following this announcement Miriam Maisonville, CBABC President, emphasised its great importance to lawyers around this province.

“CBABC has been actively lobbying for this legislative change not only because it removes an anomaly in the law, but because the majority of lawyers and other professionals, as well as the self-employed and small-business owners, rely on their retirement savings and do not have access to protected pension plans.”

CBABC has confirmed that RRSP investments with banks is only one example of RRSPs to be protected. It is intended that protection will be extended to all RRSPs recognized under the federal Income Tax Act, consistent with the legislation proposed by CBABC and currently in place in Saskatchewan.

In February 2006 (refer to page 18), CBABC efforts to protect retirement saving were noted in this publication’s cover story with the headline reading “Protecting your Retirement Investments: CBABC proposes Registered Plan (Retirement Income) Exemption Act.” That article traced CBABC’s advocacy to the work of the Legislation and Law Reform Committee who monitored the law and policy across

www.cba.org/bc

Canada regarding creditor enforcement of RRSPs, RRIFs and DPSPs. The persistence of our members and executive over time has born concrete and impactful results. While one challenge has been met many more remain, including CBABC’s active promotion of respect for our justice system, mandated by council in a resolution this past June.

The RRSP success stands as a powerful example of the difference that CBABC members can make volunteering their time for the good of the profession as a whole. This same commitment will be required to meet the challenges that await lawyers in the New Year both individually and as a profession. Though lawyers wear many hats, the lobbying efforts that met with success this past November demonstrate the power of working together toward common goals.

In This Issue

The staggering diversity of roles lawyers undertake; from Olympic Athletes; Ombudsman; to Advocates for the homeless are highlighted in this issue. From now until the 2010 Olympic flame is extinguished, we will be showcasing the inspiring stories of lawyers who have participated in the Olympic movement. Alan Hobkirk, lawyer and Captain of the 1976 Canadian Olympic field hockey team, kicks off the series.

Whatever their stripes, lawyers are stronger in solidarity as they strengthen the profession and the Justice system as a whole.

For more information about CBABC advocacy work please visit our website at www.cba.org/bc. BT

bar moves

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Bar Moves

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Continued on page 27

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

Michael Kleisinger

Michael Kleisinger has joined Bull, Housser & Tupper LLP as an associate with the Engineering & Construction Group. Michael was previously an associate with Harper Grey LLP where he practised primarily in the areas of corporate and commercial litigation, medical malpractice defence, and administrative law.

Kelvin Scheuer has joined Beacon Law Centre practising real estate, business law

and estate planning. He will be practising primarily in the new Brentwood Bay office.

Patrice B. Newman has recently joined Horne Coupar, in Victoria, as an associate.

At Horne Coupar, Patrice shall continue her practices of personal injury, estate litigation, and general civil litigation.

Julia Dmytryshyn

Conkie & Company is pleased to welcome two new members to the firm, Julia Dmytryshyn and Carmen Cheung. Julia is a civil litigator with entertainment law savvy from two years practising in Los Angeles before she returned to Vancouver. Carmen joins the Conkie boutique after six years practising at a large Manhattan firm in complex commercial litigation as well as human rights. She is taking the necessary steps to be called to the B.C. Bar, and working in the interim as a paralegal and researcher.

Colleen Spier has lessened her 3.5 hour daily commute from South Surrey to

Carmen Cheung

West Vancouver (leaving Braker and Company) by moving to sunny Victoria, where she has joined the progressive firm of Hemminger Schmid to expand her family law practice. Hemminger Schmid believes in a well-rounded approach to legal problems and a well-rounded approach to life, and, as such, will be moving in 2009 to Dockside Green, an eco-friendly, self-sustaining community.

SHERRYL DUBO, formerly of Fraser Milner Casgrain LLP, has joined Michelle Good & Company of Kamloops as a partner. She will continue her practice in the areas of insolvency, commercial litigation and aboriginal law.

Susan Ben-Oliel and Helen Yu, both lawyers and patent and trade-mark agents, have joined the Intellectual Property Group of Bull, Housser & Tupper LLP as associates. Most recently, Susan was practising as in-house counsel with Forbes MediTech and Helen was practising in Kelowna.

Susan Ben-Oliel

Janet Grove has joined Bull, Housser & Tupper LLP as a partner with the busi-

ness, technology and health care groups. Most recently Janet held the position of vice president, corporate counsel and corporate secretary with QLT Inc. Susan L. Beach has left her partnership with Cox, Taylor in Victoria to join the Province of B.C. Ministry of Finance Risk Management Branch as legal counsel.

Chelsea Wilson, formerly of Lawson Lundell LLP, joined Legacy Tax + Trust Lawyers in August 2008. Chelsea is practising in the areas of estate and trust litigation.

Helen Yu 2

BARTALK December 2008

Kate Seniowski, formerly of Fasken Martineau DuMoulin LLP, will be joining Legacy Tax + Trust Lawyers mid November 2008 where she will be practising in the areas of tax and estate planning.

DECEMBER 2008 UP FRONT

2 Bar Moves 4 Letters to the Editor 5 From the President 6 Executive Director 7 Practice Talk

GUEST CONTRIBUTORS

12 EFS: Evolution Through

Consultation

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A Classic Updated – Rediscovering the B.C. Ombudsman’s Office

by David J. Bilinsky

14

8 Nothing Official

by Tony Wilson

9 On the Web

by Patricia Jordan

10 Sections LEGISLATIVE UPDATE 19

Acts in Force

IN THE BACK

2 0 Events | News 22 Calendar | News 23 National News 24 Member Services 25 Partners | Membership

Continuing Legal Education Society The Law Foundation of B.C.

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Bar Moves Continued

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Classified Ads

volume 20, number 6

by Ian Smith

by Kim Carter

Buy FSC Labelled Paper Something you can do to protect our children’s forests

by Maia Becker

15

A Day in the Life of an Olympic Athlete

by Alan Hobkirk 16

Bylaws Preventing Homeless from Erecting Shelters Found Unconstitutional

by Laura Track 17

UBC and UVic Mentorship Receptions

by Jennifer Poirier and Harpreet Nahal

18

Conflicts of Interest and the Small Firm Understanding the “Substantial Risk”

by Mayland McKimm, QC

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Let Us Know What You Think BarTalk is published six times per year, and sent to the entire legal profession in B.C. With so much information available in print and online, we want to be sure that we continue to keep BarTalk relevant.

Is there a topic you think we should cover? Do you want to submit an idea or article? Let us know!

Email bartalk@bccba.org.

December 2008 BARTALK

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LETTERS TO THE EDITOR

Send your Letters to the Editor to: Jesse Tarbotton, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 Email: jtarbotton@bccba.org

We’ve Got You Covered!

Beginning in January 2009 you will be able to download your attended Professional Development and CLE hours from the CBABC using a tool on our CBA website.

Section attendance, conference, workshop, webinar and group learning hours that you need to report will all be tallied using your CBA ID number and printed whenever you want.

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch and is available online at www.cba.org/bc.

BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Jineane Payne Jennifer Weber Editorial Board Chair Dierk Ullrich Editorial Board Members Paul Arvisais Katharina Byrne Nicole Holas Jack Micner Pamela Murray Craig Watson Michael Welsh Susan E. Wishart © Copyright the British Columbia Branch of the Canadian Bar Association 2008.

This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel.

New Articling Registry The new Articling Registry was presented at the Bencher’s meeting on October 3rd by CBABC’s Joanne Silver. There are only 14 firms registered in B.C. so far but 96 students are looking for articling positions.

Law firms in every county are encouraged to make use of the online Registry on the home pages of the CBABC and LSBC websites.

Have You Moved? Let Us Know!

If you have changed firms, addresses, email addresses, or phone/fax numbers, you need to let us know. Email us at data@bccba.org, phone 604-687-3404 or fax 604-669-9601 or contact us toll-free (phone 1-888687-3404, fax 1-877-669-9601).

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BARTALK December 2008

The Canadian Bar Association, British Columbia Branch represents more than 6,099 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

MIRIAM MAISONVILLE

from the president

Leading Together for the Future

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profession because many graduates dvocacy for the prodo not feel it is an option to consider fession is one of the accepting anything but the highest most fundamental paying jobs which are usually in the roles the CBA perurban centres. More frequently than forms. But what exactly does that not these gains by the larger centres mean? A prime example of the are the rural area’s losses. culmination of years of advocacy Our goal is to think into the futoccurred on November 2, 2008 ure – to try to identify ways to help the when Premier Campbell announprofession before a crisis is upon us. ced that the Provincial government In my travels throughout the will be acting on the CBABC’s recMiriam Maisonville province I have heard the conommendation that RRSPs, RRIFs President 2008/2009 cerns of many of the lawyers in the and similar retirement savings B.C. Branch smaller centres. Upon retirement instruments be protected from seiCanadian Bar Association they are not getting the younger zure by creditors. Numerous people lawyers to replace them. Yet the work is there and worked hard and helped see this idea to fruition. But potential clients search for legal assistance. Many in that was all it took initially – the idea and the CBABC. rural area practices are turning away work.

Those ideas and looking to the future are what we What can we, the CBABC do to help? We can need. Grass roots or central, sole practitioner or large continue to come up with ideas and ways to help firm – we want your ideas because it is through our attract junior lawyers to smaller centres, people who ideas and the work toward them now, that we can may not have considered work and a life in a smaller continue to make this profession better for the future. centre. One ideal way of demonstrating to our young In the short time I have been President I have been lawyers that life outside the bigger centres can be woncontacted with a number of ideas by enthusiastic memderful is to have a taste of that lifestyle. What better bers and I hope, in earnest, those ideas will keep coming. way to do that than through the articling year spent The CBABC, however, is more than a place to in a smaller centre. Now with the Shared Articling have input on ideas – stewardship of ideas and initiaRegistry developed by the CBABC with wonderful tives, the continuation of work on those ideas set in support from the Law Society of B.C. (www.lawsomotion is an integral part of the process. Stewardship ciety.bc.ca), practitioners in the smaller centres who includes carrying through with the ideas of those never thought their practices were sufficiently varied members that may take years to accomplish, for it is or large enough to have an articled student can now very rare that in the space of one year an idea can be have an articled student for a determined period of followed through. This ensures that great ideas contime enabling the student to complete the articling tinue to be worked on, promoted and advanced. process in a community that before may not have had What are some of those ideas right now? Interest enough practitioners able to offer articles. relief for students’ loans going through to cover the I ask you to consider getting involved. Join a articling year is one example. We know from our Section, join a committee – share your ideas, those members that some are graduating from Law Faculties great ones you can be sure the CBABC will take up under crushing student loans, some as high as $100,000 and follow them through. BT and beyond. The effect of this is felt throughout the December 2008 BARTALK

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EXECUTIVE DIRECTOR

CAROLINE NEVIN

Dealing with Economic Uncertainty It’s time to go back to the basics of financial management

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ecent Ipsos Canada self-help sites (e.g. www.playbook. theHartford.com) and professionals survey data shows an (Canadian Bar Financial [CBAF] interesting dichotowww.barfinancial.com). my in how Canadians view the economy. In essence, we 2. Simplify believe that the economic situaOnce you’re clear on what’s importion is “bad,” but it’s not that big tant to you, make conscious choices a deal for “us.” The thinking goes about spending. Put away all but something like this: “We’re not a your lowest interest credit card.

Lehman’s, we‘re not big money Pay down the rest of your debts, stock market players and my famCaroline Nevin starting with highest interest ones ily seems to be doing OK.” Executive Director first. Use cash as much as possible, Regardless of how much or B.C. Branch and find fun ways to be frugal. little you believe the global situaCanadian Bar Association (One CBA tip: as a B.C. lawtion will affect you, it is reasonable yer, you have to invest in at least to assume that it will. We don’t 12 hours of professional development as of January know how bad it will get, but we do know that our 1, 2009. CBA membership gives great value with old way of life is no longer viable. Unending access to 12 months of approved PD options plus up-to-date credit, living beyond our means, hyper-inflated housnews and friendly networking.) ing markets, guaranteed wage increases (and jobs) will all be viewed by history as signs of a consumer 3. Build for the Future society on the road to an inevitable crash.

No matter how small, save part of every paycheque.

The Canadian dollar has already dropped almost Take charge of your own “next stage” of life by 20 per cent, real estate values are sliding fast, and the growing the savings you need to move on – or land cost of living is increasing as inflation continues to softly – when it’s time. (Note: thanks to CBA advorise. US law firms – those that remain standing – cacy, your RRSPs are protected from seizure, just are expected to take a hit of between 5-15 per cent like pensions. And the CBAF has a great CBA rate (Hildebrandt International). Altman Weil is predictto grow savings faster). ing a nine per cent decrease in profits.

Whether you are in private practice, the public 4. Share What You Can sector or in-house counsel, this is a good time to This is a tough time for lots of people. We, who look at ways to reduce your exposure to financial are fortunate, have a chance to help others. There stress. There are many sources of advice on the topic, are lots of great organizations to support, including but it all boils down to the same four rules you’ve the CBABC Bar Benevolent Society and Lawyers always known: Assistance Program.

1. Clarify

Get clear on what you really need and want, for now and for the future. Find out how much you owe, record what you spend, and figure out a reasonable budget.

There are lots of resources to help with this, including 6

BARTALK December 2008

What your parents taught you is still sound: don’t pay more than you have to, don’t buy what you don’t need, save something no matter how small, and give what you can to those who have less. We are older now; perhaps it’s time to be a little money-wiser too. BT

PRACTICE TALK

david j. bilinsky

Strategies for Surviving a Recession Steps you can take now…

We’re in the money, we’re in the money; We’ve got a lot of what it takes to get along!

We’re in the money, that sky is sunny, Old Man Depression you are through, you done us wrong…

and such being the exception).

Don’t start laying off staff – that not only reduces your income earning ability, it works against the firm’s culture (sending a message of every person for the lifeboats) and that works against morale – and you will Lyrics by Al Dubin, music by Harry Warren, from the film need good staff to carry you Gold Diggers of 1933. through the tough times.

• Protect your stars – the #1 profitDavid J. Bilinsky is the Practice ability strategy of firms these days Management Advisor for the he signs are clear. The is to hire away excellent lawyers LSBC. Email: daveb@lsbc.org world is definitely in and staff from other firms.

Blog: www.thoughtfullaw.com a recession even if the • Deal with underperformers. tsunami has not yet Communicate expectations clearly through perwashed over B.C.’s shores. Forestry, high tech, manformance reviews and continued monitoring. ufacturing – all will be affected as the waves crash Eliminate underperformers who do not respond. through B.C. law firms.

Do so quickly, efficiently and humanely – the So what can law firms do – now – to prepare for the rest of the firm is watching how you handle this. hard times? Here is a list of steps that you can take: • Chances are that you will have lawyers who • Law firms are seeing receivables balloon as clihave had their practice areas collapse around ents are slow to pay. Ensure that your retainer them. Assist them in transition over to proagreement and invoices state that interest will ductive areas of practice. If this can’t be done, be charged (in accordance with the Canada the firm may be looking at how to carry them Interest Act) at a rate set higher than credit card through the recession on the basis that their rates to act as an incentive for clients to pay. practices will eventually come back. But if matInsist on up-front retainers. Consider holding ters are dire, they may need to leave the firm a cash retainer but the firm expects all accounts to ensure its survivability. There are no easy to be paid on time. If the client defaults, the answers here – just hard consequences. funds in trust would be used to pay the last • Work on effectiveness improvements. By account and the firm gets off the file. becoming a lean, efficient machine you will be • Check your available credit arrangements and better able to take advantage of the change in balances. Pay down debt as cash comes in, economic fortunes when they eventually come. ensuring that you will have available credit • Lastly, focus on your clients who are facing the if you need it. Discuss increasing your credit same economic consequences – and hoping you limits just in case. will help them through this mess.

• Seventy per cent of a law firm’s expenses are By taking the right steps now you can be singin facility costs, compensation and technology: ing “We’re in the money, that sky is sunny, Old Man there is typically little room to reduce expenses Depression you are through…” BT without cutting into capacity (entertainment

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December 2008 BARTALK

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nothing official

TONY WILSON

Letter From America

Barack Hussein Obama and the U.S. Election

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write this from the United that only taxes can pay for wars and States, where I am spending bailouts; taxes being the price you a long weekend in the sun have to pay for civilization. avoiding the fall monsoons of It’s a country that Canadians Vancouver. I am reminded of Alistair sometimes sneer at, in part because Cooke’s BBC Radio Program, Letter the Americans we meet are either from America, where for more than rich, famous or beautiful (so we’re 58 years, he would extol the virtues jealous), or they don’t know where of his adopted American Republic Canada is on the map (so we’re for listeners in the U.K. and the annoyed). But despite the past world. It was ironic that when he eight years, we must not forget Tony Wilson is a Vancouver died, rogue morticians at the New that the United States turned the franchise lawyer at Boughton York funeral home that prepared tide in two World Wars, protectand has written for the Globe and Mail and Macleans. He will his body for cremation carved off ed Europe from post war Soviet teach Contract Law 2009 at his limbs and sold his 95-year-old aggression, fostered prosperity in Simon Fraser University as an bones on the black market for denCanada and around the world and Adjunct Professor in the School tal implants and bone grafts. Such is the birthplace of Apple computof Criminology and thinks he is the irony of America. It has the ers, Pat Metheny, the airplane and might now have a chance of best of everything. And the worst. jazz. There are lots of countries we becoming President too.

America is a country of inexCanadians could have had on the plicable ironies and deep divisions. other side of our 4000-mile border, It’s a country that historically promoted justice in the but we probably have the best (and not just because it’s world but in the last eight years, used its justice system sunny and hot here in Palm Springs by the pool). to torture prisoners of war and hold them without trial I’m privileged in my legal practice to deal with contrary to the Geneva Conventions and the Rule of American lawyers and clients who are decent, intelLaw. America is fiercely proud of its democracy, yet ligent and engaging people, just as concerned as the allowed its Supreme Court to pick the winner of the rest of the world that their country was in the process Presidential Election of 2000. It was founded by men of becoming a rogue state of its own making. I have who abhorred the concept of a “state religion,” yet over met other Americans over the past eight years who the past 25 years, allowed its religious fundamentalists proudly call themselves “Bush refugees,” opting to to set the national agenda like Mullahs of Iran. America leave the United States and immigrate to Canada. had the support of the world after 9/11, but squandered The election of Barack Hussein Obama, 160 it all by invading Iraq on false pretences, causing years after the end of slavery, is, I believe, a transforuntold suffering and chaos. America’s a country that mative event in world history, and not just because abhors socialism, yet bailed out the entire financial his middle name is “Hussein.” I believe this event services sector in October to the tune of $700 billion, will re-instill in Americans the belief that anything is proving that socialism exists in America, but only if still possible in their country. you’re very rich (or were very rich). It stands for “freeBut as this is a humour column, I have to say dom,” but only if that “freedom” includes “freedom of how inspiring it is that a former law professor can go enterprise.’ It despises “taxes,” but hasn’t figured out so far in life. Who’d a thunk it? BT 8

BARTALK December 2008

PATRICIA JORDAN

ON THE WEB

Electronic Waste What you can do about it

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anadians have an to the electronics industry for the important role to play in collection and recycling of reguthe stewardship of the lated products. A province-wide planet and its resourcend-of-life electronics recycling es. The United Nations estimates program is available to consumers that 50 million tonnes of electronic and businesses. waste are generated annually. A Did you know? disproportionate amount of that • Canadians throw out more electronic waste is exported from than 140,000 tonnes of comindustrialised countries to develputer equipment every year. oping countries. Electronic waste Patricia Jordan is the CBABC • Many electronic waste recyis the most heavily traded toxic Web Manager. She welcomes clers export materials to other waste on the planet. Visit BAN.org your comments, questions countries rather than recycling to view photographs of toxic elecand suggestions. materials in Canada.

Tel: 604-646-7861 tronic waste dumping sites in • Canadians generate approxiEmail: pjordan@bccba.org Africa and China. mately 31 million tonnes of If you are like me, then you garbage a year and only recycle about 30 per have an old computer and monitor in storage. And, cent of that material. you are asking yourself, “How do I responsibly dispose of my unwanted electronic waste?” The good Does your law firm have a “Green Strategy”? news is there are several options available to you. For I would like to hear about your firm’s “Green example, items can be posted on an online exchange Strategy” and share that information online. For bulletin board or donated to recycle programs through more information about recycling, see “Green reputable electronic waste recyclers so that equipment Your Law Firm” in “Practice Resources” at is reconditioned and reused. cba.org/bc. Information and resources on environThe Recycling Council of British Columbia mentally friendly products, fuel efficient vehicles and (RCBC) operates services that provide consumers more is available in “Transportation.” with information and resources that are available in British Columbia. The RCBC Recycling HotSite du Jour line (rcbc.bc.ca/services/recycling_hotline.htm) is a BAN.org comprehensive, toll-free service that provides Site du Jour Basel Action Network (BAN) is information on waste reduction, recycling, disposal an organization that is focused and pollution prevention. The RCBC Materials on global environmental injusExchange Program (bc.reuses.com) and RCBC tice and economic inefficiency of Electronic Materials Exchange Program (bcemex.ca) toxic trade and its impacts. BAN confronts issues of are free province-wide services facilitating the reuse environmental justice and actively promotes sustainand recycling of products and materials. able solutions to consumption and waste crises while Encorp Pacific (Canada) (encorp.ca) is a federally promoting green, toxic free and democratic design of incorporated not-for-profit stewardship corporation consumer products. BT that provides stewardship services on a contract basis

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December 2008 BARTALK

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sectionS

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province.

More detailed information and available minutes from the Section meetings are accessible online at www.cba.org/bc in Sections and Groups, for enrolled CBA members.

Criminal Justice – Vancouver Meeting: September 17, 2008 SpeakerS: The Honourable Mr. Justice C.E. Hinkson and Nikos Harris (UBC lecturer) Topic: Tips for Counsel in Criminal Matters and Abuse of Process Remedies

Prefaced by the caveat that he has been a judge for a short period of time and had limited experience in criminal matters as counsel, Mr. Justice Hinkson provided insight into practices by counsel which he finds helpful in criminal matters. These include a decent opening by Crown to help the court follow the evidence; submissions that relate to the essential elements of the offence and say more than is found in the Code annotations; as well as creative submissions containing some reference to potential consequences of the issue at bar. Ascertaining your judge’s background is also important. Counsel’s being prepared for trial is critical, and an economic (wise) use of time in examining witnesses is appreciated. Mr. Harris explained the need of counsel to apply for creative and specific remedies when faced with a s. 7 Charter violation. He reviewed several cases where the ultimate remedy of a judicial stay of proceedings was obtained, but proffered the notion that counsel should pursue other remedies, as well, when dealing with breaches of s. 7: Where the Crown or other state actor has engaged in conduct that diminishes the administration of justice, or the state is responsible for conduct which impacts on the ability of the accused to have a fair trial, such relief should be considered. Members were also provided summaries of Significant Criminal Appellate Cases by Elizabeth Campbell at this meeting.

Real Property – Vancouver Meeting: September 9, 2008 SpeakerS: James Taylor, QC Taylor Jordan Chafetz; Ian Smith, Director and Registrar of Land Titles Topic: Is Mandatory E-filing on the Horizon?

Mr. James Taylor, QC discussed and provided a detailed handout as to why he is opposed to mandatory e-filing.

Following Mr. Taylor’s discussion, Mr. Ian Smith was 10

BARTALK December 2008

given 20 minutes to discuss why the Land Title Survey Authority thinks mandatory e-filing is a good idea. A lengthy question and answer period ensued in which some lawyers and attendants applauded the efficiency of mandatory e-filing and cautiously favoured moving forward with it, while others were somewhat skeptical of mandatory e-filing and were not totally comfortable that it was reliable. There were some concerns expressed that mandatory e-filing would not work well in large commercial transactions were there are multiple filings and multiple meets amongst agents.

ADR – Okanagan Meeting: October 16, 2008

SpeakerS:

From left to right: Cheryl Berry, Grant Hardwick, Robert Groves, Al Perry

Grant Hardwick, Al Perry, Cheryl Berry and Robert Groves Topic: Panel Discussion:

Mediation in the Okanagan

A wide-range of mediation topics including the differences in tone between ICBC mediations, family, estate, child protection and commercial mediations were discussed at the dinner meeting in Kelowna.

Mediators and counsel need to be aware and sensitive to the type of mediation they are in, because the customs and practices common to each may vary widely. The panel participants also discussed the usefulness of counsel preparing and exchanging briefs before the mediation session. Those mediators who find briefs less helpful rely instead on what the parties identify to be important at the mediation session itself as a means to provide focus. The panel differed in their comments regarding notices to mediate with some pointing to statistics showing the settlement rate for cases involving consensual, as opposed to compulsory mediation is about the same.

Constitutional/Civil Liberties Meeting: October 2, 2008

Speaker: The Honourable Wally Oppal, QC, From left to right: Ron Attorney General Skolrood, Pamela Murray, of British Columbia Attorney General Wally Oppal, and Minister QC and Art Grant responsible for Multiculturalism Topic: The Unique Role of the Attorney General in our Constitutional Framework

General may provide direction in exceptional cases to the Criminal Justice Branch, such direction being documented in writing and published in the Gazette to ensure transparency. The Attorney General may also appoint a special prosecutor in cases where there is any apprehension of bias. Mr. Oppal noted that he is often asked questions, whether in the Legislature or by the media, about matters that are before the courts. The Attorney General is strictly bound by the principle of sub judiciae and cannot comment on such matters.

Insolvency Law Meeting:

October 28, 2008 The Honourable Wally Oppal, QC, Attorney General Speaker: of British Columbia, addressed the Section about the Alan H. Brown, constitutional role of the Attorney General in our Partner of system of government. He explained that, while the Boughton Law Attorney General is a politician and a member of the From left to right: Bill Riley, Corporation Legislature, he has additional roles that are not shared Jennifer Cockbill, Alan Brown, Topic: Kimberley Robertson, Bryan with his cabinet colleagues. One of the primary roles Liquidating Gibbons of the Attorney General is to be the guardian of the CCAA’s: Recent rule of law. As well, the Attorney General is the Decisions coming out of The Cliffs Over Maple Bay and government’s chief legal adviser and ensures that the Pope and Talbot administration of justice conforms to constitutional This Section met for a very topical discussion on what principles. The Attorney General advises cabinet are referred to as “liquidating CCAA’s,” given the as to the legal implications of their decisions in an recent Court of Appeal decision impartial way. He noted that in Re: The Cliffs Over Maple Bay the Attorney General acts as the Section Meetings Count! and various recent decisions holder of the Great Seal, which in Re: Pope & Talbot. These after being sworn into office, For CBA members, attendance at decisions have highlighted he delivers to the Lieutenant Section meetings in-person, by the uncertainty created by the Governor for safe-keeping. As Webinar or teleconference counts skeletal nature of the Companies well, the Attorney General must toward your mandatory Continuing Creditors Arrangement Act in review all proposed legislative Professional Development (CPD) terms of its proper application instruments to ensure that requirements (12 hours per year) for companies whose operations they are constitutionally valid which will be implemented by are not intended to continue and in accordance with the the Law Society of B.C. beginning beyond the “reorganization.” principles of natural justice.

January 1, 2009. Enrol in Sections The Section discussed both the In British Columbia, since the and benefit from the CBABC’s positive and negative sides of 1990 Owen Inquiry, there has online reporting program. We the judicial discretion inherent been a separation between the record your attendance and you in CCAA proceedings. The office of Attorney General’s print your report!

Section also discussed the recent office and the Criminal Justice amendments to the Bankruptcy Branch. Now, under the Crown and Insolvency Act and the Companies Creditors Counsel Act, the Criminal Justice Branch reviews and Arrangement Act, enacted on July 7, 2008. BT implements prosecutions. However, the Attorney December 2008 BARTALK

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Guest

IAN SMITH

EFS: Evolution Through Consultation

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oing business over the office deadline) combined with a Internet is both revered structure designed to avoid fraud, and feared, but the have produced a system that is attrInternet’s appearance in acting the attention of other jurisdicalmost every aspect of life is a fact. tions in Canada and across the world.

The Land Title system in B.C. EFS has transformed conveyis no exception. On each of the ancing for real property professionoccasions of major change, comals, and for many is the preferred puterization in the 1980s, implemethod of filing documents. On menting an imaging system in the October 30, 2008, 53 per cent of free1990s, and the 2004 introduction hold transactions and 66 per cent of Ian C.B. Smith, Director of of the Electronic Filing System mortgages were filed electronically.

Land Titles, Land Title & (EFS), the fears have been: “The Sixty per cent of all notaries now Survey Authority of B.C. (LTSA) IT systems will fail.” “What about file electronically, and 69 per cent of the registry agents?” “Lawyers will have to take on all eligible Crown land survey plans were submitted more of the work, and what then?” electronically during 2007-08. Several law firms have The LTSA has always taken the fears and condirected their staff to use EFS for all filings where poscerns of all Land Title users very seriously. EFS meets sible, and leading registry agents in B.C. file electronithe demand for modern e-business solutions, and has cally on behalf of clients. Ask any regular user what been developed in consultation with the professionals benefits EFS brings and you will hear: “It makes my who regularly file at the Land Title Offices: business more efficient and cuts costs.” “Filing is faster • The EFS Committee, representing users, and more secure;” “EFS has enhanced my customer advises the LTSA on how best to proceed with service;” “I file at times convenient for me and my clisystem and practice-related matters. ent;” “It doesn’t matter where I am, I can still file.” As • Registry agents have been meeting with the one owner of a registry agent company says, “EFS has LTSA since 1998, when EFS was merely a congrown my business – we have more clients using us cept. This led to agents being able to electronibecause we use EFS.” cally submit professionally certified documents The LTSA’s objective is that it should be possible on a legal professional’s behalf, as they do for to electronically file anything that can be filed on paper. paper documents. In this way, the important Documents are becoming “electronically enabled” all function of a “second set of eyes” is preserved. the time – Power of Attorney will be added soon.

• The LTSA Stakeholder Advisory Committee Where EFS is used, it becomes the obvious and CBABC Real Property Section Chairs have choice. It also enables the LTSA to enhance its own been providing input into EFS enhancements. services, and to ensure the fast, efficient turnaround Security is continually under review to ensure the of documents. land title system is as failsafe as possible. Risk assessIn addition to internal efforts to improve conment is second nature to the EFS team. The risks sistency around examination decisions, continued one doesn’t run using EFS (documents lost in transit, consultation with our lawyer, notary, registry agent courier delays, traffic jams, documents not being and land surveyor, customers will ensure that EFS completed in time for courier or evolves to meet everyone’s needs. BT 12

BARTALK December 2008

KIM CARTER

GUEST

A Classic Updated - Rediscovering the B.C. Ombudsman’s Office “Ombudsman” is:

The Office of the Ombudsman role in providing access to justice a) a position first established in augments the role of other bod1809 in Sweden?; ies. The office does not investigate b) an independent officer of the matters that are being heard by legislature in British Columbia?; a court or a statutory tribunal. c) an office that assists in obtainIf there is an established intering fair treatment from provinnal complaint resolution process cial public authorities?; or within an organization that is d) all of the above? available to a complainant then a referral to that process is usuf you answered “d” you would Kim Carter, Ombudsman ally offered as a first step, along win a coveted “Ombuddy” with the information that the pin in the B.C. Office of the Ombudsman’s office remains available if that process Ombudsman. proves unsatisfactory.

Since 1979 the Ombudsman’s Office has been In addition to responding to complaints the an integral part of ensuring access to justice for Ombudsman can initiate her own investigation into people in British Columbia. It has one of widest any “matter of administration” – that is everything jurisdictions in Canada, with the ability to investigate done by government authorities in the implementacomplaints about administrative unfairness involvtion of government policy except the activities of the ing provincial ministries; administrative tribunals; legislature and the courts – that she believes results, boards and commissions; Crown corporations; health or may result, in a person being treated unfairly. authorities and hospitals; school boards and schools; In the past two years the office has completed a local government; colleges and universities; and selfnumber of large systemic investigations into issues governing professions (the Law Society; the College ranging, from the adverse effects of changes to crime of Physicians and Surgeons). victims assistance legislation, through the fairness of Adopting a consultative approach, its role is lottery prize payout processes, to the adequacy of proto impartially and independently investigate comcedures protecting drinking water safety. Currently, plaints. It can make recommendations for remedying the office is engaged in a major investigation into unfair treatment; encouraging accountability; and concerns about senior’s care facilities. improving poor administrative practices. Fair resoluAnother recent innovation has been the estabtions obtained have included apologies; re-hearings; lishment of an Early Resolution Process which is reconsiderations; financial reimbursements; and designed to deal quickly with administrative fairness changes to policies and procedures. issues such as delay, failure to respond to inquiries Lawyers play an active role in the Ombudsman’s and inadequate explanations for actions or decisions. investigative process. A number of the Ombudsman For those seeking fair treatment, especially those Officers who conduct investigations are lawyers. with limited resources, the Office of the Ombudsman Although not required, some of the complainants remains a valuable option. who come to the office choose to do so through their More information is available at www.ombudscounsel. Often counsel for an organization being man.bc.ca. BT investigated is involved in providing its response.

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December 2008 BARTALK

13

Guest

MAIA BECKER

Buy FSC Labelled Paper

Something you can do to protect our children’s forests

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ince the advent of the the FSC “check-tree” logo. paperless society in 1970, FSC-certified paper is available worldwide paper confrom all major paper merchants sumption has risen from and retailers.

•• Dye and Durham is the only 100 to 350 million tons per year.

FSC-certified Law office Even with computerization, the supplier in Canada. FSC legal profession is still among the Chain-of-Custody certifimost voracious of the paper hogs – cate code: SW-COC-002302. but you can do something to help.

Visit www.dyedurham.ca With simple purchasing for more info. choices, you can help protect wildMaia Becker, Vice President, •• For a list of merchants and life habitat, ensure clean water, Forest Stewardship Council retailers: www.fsccanada. and keep our forests healthy for (FSC) Canada org/paperretailers.htm generations to come. That choice • For a list of FSC-certified papers: www. is to buy FSC. fsccanada.org/fscpaper.htm The Forest Stewardship Council (FSC) is the 2. Print on FSC-certified paper, and work with international certification and labelling system that an FSC-certified printer – there are hundreds. allows buyers to choose paper and wood products • For a list of FSC-certified printers: www. that come from responsibly managed forests and fsccanada.org/fscprinters.htm verified recycled sources. FSC is a set of strict envi3. Develop a Paper Procurement Policy for your ronmental and social standards for forests, and fibre company that specifies the use of FSC-certified is tracked from the forest or reclamation site to the paper and printing. consumer. The end result is a product in the market• How to develop a paper procurement policy: place carrying the FSC “check-tree” logo. For more www.fsccanada.org/paperprocurement.htm information visit www.fsccanada.org.

• Examples of paper procurement policies: FSC promotes healthy forests and strong comwww.fsccanada.org/ProcurementPolicies.htm munities. Many organizations – Canada Parks and 4. Encourage others to buy FSC-certified prodWilderness Society (CPAWS), Forest Ethics, Greenucts. Ask local retailers and manufacturers if peace, National Aboriginal Forestry Association, they carry FSC-certified products, and encourSierra Club of Canada, The Nature Conservancy and age governments, businesses and associations WWF Canada recognize FSC as the most rigorous to specify FSC-certified products in their proand credible forest certification system in the world. curement policies.

How YOU can Change the World by specify• For a list of companies printing on FSCing paper. With every purchasing decision, each and certified paper or buying FSC-certified every one of us has the ability to positively influence products: www.fsccanada.org/usingfsc.htm the health of our forests and our communities. Here 5. Tell everyone. Talk about FSC and your comare some tips on how you can change the world by mitment to the environment on your website specifying FSC-certified paper. and in marketing materials. Tell your col1. Buy FSC-certified paper. When purchasing paper for the office or at home, buy paper with leagues, clients, friends and family. BT 14

BARTALK December 2008

Alan Hobkirk

GUEST

A Day in the Life of an Olympic Athlete

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t was a great privilege to was seriously injured and did not represent Canada in the play again. Despite this setback, we Olympics. I recognize the had to adapt and play on – much “lessons” learned from my as the litigator does when there is athletic career which now inform a sudden, unwelcome development my civil litigation practice in a in the case.

The Friends We Make – larger firm.

Be Prepared – The two One of the great joys of pracyear build-up to the Olympics was ticing law is the mutual respect similar to preparing a case for trial and camaraderie that develops (with the Olympics themselves amongst counsel and colleagues.

Alan Hobkirk (above and below representing the trial). As with In competitive sports, one plays to wearing a headband) the legal case, one has to be physiwin. Regardless of the result, after OLYMPIC SNAPSHOT: cally, mentally and tactically prethe game, we shake hands with • Competed in 1976 Olympics pared, knowledgeable about your our opponents. Even amidst heat(Montreal) opponent’s and your own team’s ed competition, lasting friendships • Sport: Field Hockey (Captain) strengths and weaknesses. In both are made. When one makes the • Result: 10th Place contexts, failure to adequately preeffort, litigation is no different.

• Called to B.C. Bar, February 1981 Viva La Difference – Elite pare meets with adverse results.

• Practice area: Civil Litigation Team Work - Field hockcompetitive sports is about “win• Current affiliation: ey is a team sport with its 11 ning the game.” There is a winPartner, Miller Thomson LLP players being selected with care. ner and a loser. One battles to Regardless of who scores the the end of the game with no goals or “gets the glory,” each thought of surrender. Although member of the team is makthis mindset has assisted me in ing an essential contribution. my trial practice, I have had to In the context of a larger legal learn and practice the necessary case, a team of lawyers, students and important skill of negotiaand paralegals is assembled and tion, aimed at reasonable comworks together towards the promise – a skill not necessarily common purpose of advancing the client’s case. considered an asset in elite sports!

Expect the Unexpected – There is not a sigIn the legal profession, we subscribe to the highnificant legal case where the unexpected does not occur est standards of competence and ethics. Admittedly, at some point between taking on a matter and going to this differs from elite sports where taking “paltry trial. In field hockey, played at high speed, much can advantage” of one’s opponent or “gamesmanship” is change in an instant due to injury, weather conditions usually condoned and encouraged. or the bounce of the ball. One has to continually adapt I have had the good fortune to continue my associato changed circumstances. In Montreal, in the early tion with sport as a coach, former Director of Sport B.C., stages of the tournament, against Argentina, we had counsel for sports associations and advocate/panelist at an upset win. Unfortunately, one of our top forwards national and international level disciplinary hearings. BT December 2008 BARTALK

15

Guest

Laura Track

Bylaws Preventing Homeless from Erecting Shelters Found Unconstitutional

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n October 14, the B.C. how prohibiting people from Supreme Court handsheltering themselves at night ed down a decision would achieve those aims. with potential reperRecognizing that policy makers cussions for the entire country. In are entitled to deference in the Victoria (City) v. Adams, Justice policy choices they make regarding Ross struck down Victoria bylaws complex issues such as homelessprohibiting homeless people from ness, Justice Ross emphasized that, erecting temporary shelter on Citynevertheless, it is the responsibility owned land. She ruled that the of government in making those bylaws were arbitrary and overdecisions to act in conformity with Laura Track, Lawyer, broad and thus violated Section 7 the Constitution.

Pivot Legal LLP of the Charter and were not saved Accusations that the judgby Section 1. ment will result in the unbridled The decision is based on three main findings of expansion of tent cities throughout the city are fact. First, the number of homeless people living in also misguided. The judgment does not suggest Victoria vastly exceeds the number of shelter beds. that all laws should be suspended with respect to Thus, hundreds of people have no choice but to sleep homeless people in parks, nor that there can be no outside in the City’s parks and streets. Second, the regulation of when, where, and how homeless people effect of the bylaws was to prohibit homeless people may shelter themselves. In response to the court’s from erecting any kind of overhead protection to decision, the City of Victoria passed a new bylaw shelter themselves from the elements, even on a restricting the hours when tents could be erected temporary basis. Third, the effect of the prohibition to between 9:00 p.m. and 7:00 a.m. Unfortunately, was to impose upon homeless people, who are among those hours were decided without any consultation the most vulnerable and marginalized of the City’s with the homeless people sure to be affected, and residents, significant and potentially life-threatening the Victoria police’s efforts to enforce the new health risks such as hypothermia. bylaws resulted in several arrests just days after the Given these realities, Justice Ross found that by court’s decision. denying access to shelter, a basic necessity of life, the The City of Vancouver says it will continue to City violated homeless people’s right to life, liberty enforce its own bylaws prohibiting homeless peoand security of the person, in a manner not in accorple from sheltering themselves on public property, dance with the principles of fundamental justice. despite the Victoria ruling. This despite the fact that There have been predictable accusations of Vancouver has fewer than 800 shelter beds and more judicial activism and legislating from the bench, than 1500 homeless people, according to a homebut in fact the judgment was remarkably narrow. less count conducted in March 2008. In the last nine Justice Ross noted that the City enacted the bylaws months of 2007, Vancouver shelters turned away for legitimate purposes: protecting parks’ natuhomeless individuals seeking a place to stay for the ral environment, ensuring parks are available for night 36,000 times because the shelter was full. everyone to enjoy, and because of public health The City of Victoria plans to appeal the court’s concerns. However, the City was unable to show decision. BT 16

BARTALK December 2008

Jennifer Poirier and Harpreet Nahal

GUEST

UBC and UVic Mentorship Receptions

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n the evening he University of October 27, of Victoria’s 2008, the UBC Law Careers Canadian Bar Office and the Association Mentorship Canadian Bar Association, Reception was held at the B.C. Branch, held their Vancouver Law Courts Inn. 2008 mentorship recepMore than 140 people attendtion on October 29th at the CBA Student Representatives Jennifer Poirier ed this popular event, which Union Club of Victoria. from UBC and Harpreet Nahal from UVic. is hosted by the CBABC The reception was and the UBC Faculty of Law Career Services Office. attended by a high percentage of the mentees and Claire Young of the UBC Faculty of Law (Senior mentors involved in the program. UVic Dean of Law, Associate Dean, Academic Affairs) spoke briefly of Donna Greschner, spoke briefly about the benefit of the program’s benefits to students and thanked the quality guidance through mentorship for students durCBA, Career Services and the Mentors for their coning their studies as well as throughout their careers. tribution to the Mentorship Program. Also in attenMiriam Maisonville, CBABC President, predance from the UBC Faculty of Law were Kerry sented the CBABC Law Student Award of $4000 to Parker Smith (Director of Career Services) and Karen Tse for her achievements. Michelle Chan was Pamela Cyr (Associate Director of Career Services). the second award winner of the night and received Miriam Maisonville, CBABC President, prethe CBA Financial Services Corporation Law School sented the prestigious CBABC Law Student Award Achievement Award, which was presented by John to Peggy Lee in recognition of her academic achieveWaddell, QC. ments and contributions to the law school and her The mentorship reception provides a social community. Also in attendance from the CBABC was setting in which mentors and mentees are able to Joanne Silver, Director of Stakeholder Relations. break the ice and begin their relationships. The The Mentorship Program provides an excellent reception also provides an important opportunity for opportunity for students to obtain exposure to the participants to see the strength of the program as a practice of law and to obtain guidance from expericollective group which may be difficult otherwise enced lawyers. considering the private nature of mentorship.

This year 110 students were matched with local The majority of students participating in the lawyers practising in diverse areas. All students program are first years although many upper year interested in participating were successfully matched students keep in touch with their mentors from prior with a mentor. Approximately three quarters of the years. This year the 70 UVic students participating in students matched were in their first year of studies, the program were matched with mentors practising in however, a number of second and third year students a wide array of practice areas based on each student’s are participating in the program. Jennifer Duncan area of interest. Mentors participating in the program (former First Nations Legal Studies Advisor) selectinclude lawyers from small firms, large firms, noned mentors for seven First Nations students. practicing careers, government and the judiciary.

It was a pleasure to co-ordinate the Mentorship Organizing the program has been a rewarding Program and the reception. BT experience. Good luck to all the matches. BT December 2008 BARTALK

17

Guest

MAYLAND MCKIMM, QC

Conflict of Interest and the Small Firm Understanding the “Substantial Risk”

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hile, generally us in practice often feel that we will speaking, the rules simply know that a conflict exist and principles in our representation of a new or regarding conflict existing client. A client arrives in of interest develop around the the office, begins to present their intricacies and Byzantine relationlegal problem and counsel begins to ships found in the major transnaundertake significant work on their tional and multinational law firms, behalf, this may include the prepait is in the actual experience of the ration of pleadings, the preparation profession that conflicts of interest of documents and the gathering of are most profoundly focused and information. In the small office lawMayland McKimm, QC acutely felt at the level of the small yers tend to be more immediately Lawyer, McKimm & Wishart office and in rural communities. focused on serving the client and Indeed it is in these work places that lawyers are in the struggle to serve as many clients as well as posmost acutely aware that conflicts which preclude sible, office systems can fall into disuse. Sadly, the real their representation of valued clients are both bad risk to the small office practitioner is that, after doing for the public interest, bad for the justice system substantial work without engaging a conflicts analysis, and bad for business. With this issue sharply in counsel may well find themselves without a client and mind a task force of the Canadian Bar Association all of their work having effectively been wasted and has set about to critically analyse and in some of no value to either themselves as billable or to their sense restate the law of conflicts of interest in our clients as a useful resolution to their legal problems. profession and the application of rules to best protect The task force report also presents a series of counsel and the public from the adverse effects of excellent check lists, retainer and termination letters conflicts of interest. to cover many eventualities both in the sense that a In a report prepared for the Canadian Bar conflict may arise or to ensure that conflicts do not Association and presented to the National Council arise. Counsel must always be mindful to engage in a in August, 2008 (refer to the cover story) the Task conflicts analysis during that critical first interview. To Force on Conflicts of Interest conducted a thorough ask precise questions of either the new or existing cliand encompassing review of this troublesome area of ent just what parties may be engaged in the litigation the law. For those in practice the work is an excellent or engaged in the transaction and how those parties read and it has been presented both in a manner that may relate to other parties or other clients of either the is easily digestible and practically focused. Perhaps small firm or indeed even the sole practitioner. of greatest utility to the profession is the conflicts of The Canadian Bar Association is to be substaninterest “tool kit” found at the back of that report. tially commended once again for putting such an For this tool kit alone all members of our profession enormous amount of volunteer effort into such a funshould find the report essential reading as they move damental area of the practice of law. The task now their practices forward. falls to we in the profession to ensure that we make Counsel should commend themselves to the anathe highest and best use of this excellent work and lytical framework found within the report, titled; take the time to assess the report and see what steps How to analyze a potential conflict of interest. Those of we can all take to improve our practice. BT 18

BARTALK December 2008

ACTS IN FORCE

LEGISLATIVE UPDATE

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.

CURRENT FROM AUGUST 13 - NOVEMBER 3, 2008 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc.

acts in force BUDGET MEASURES IMPLEMENTATION ACT, 2008, S.B.C. 2008, C. 10 (BILL 2) Sections 96, 101 and 120 are in force October 1, 2008

Section 41, enacting Sections 39.1, 39.2 and 39.3 of the Health Professions Act, is in force November 1, 2008. Section 13 is in force October 17, 2008

PATIENT CARE QUALITY REVIEW BOARD ACT, S.B.C. 2008, C. 35 (BILL 41) The Act, except Section 12, is in force October 15, 2008

MISCELLANEOUS STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 30 (BILL 33) Sections 72 to 74 are in force October 31, 2008

PUBLIC SAFETY AND SOLICITOR GENERAL (GIFT CARD CERTAINTY) STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 15 (BILL 17) Sections 1 to 4 are in force November 1, 2008

ENVIRONMENTAL (SPECIES AND PUBLIC PROTECTION) STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 33 (BILL 29) Section 28 is in force September 9, 2008

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2005, S.B.C. 2005, C. 35 (BILL 16) Section 27 is in force October 27, 2008

HEALTH PROFESSIONS (REGULATORY REFORM) AMENDMENT ACT, 2008, S.B.C. 2008, C. 29 (BILL 25)

MOTOR DEALER AMENDMENT ACT, 2004, S.B.C. 2004, C. 24 (BILL 24) Section 1(f) is in force October 10, 2008

SMALL BUSINESS AND REVENUE STATUTES AMENDMENT ACT, 2008, S.B.C. 2008, C. 11 (BILL 11) Section 2(a) adding the definitions “accommodation units,” “leasehold accommodation property” and “leasehold unit,” (b), (c), (e) and (f) are in force October 27, 2008

2008 CBA Cecilia I. Johnstone Award Joan Brockman, a Professor of Criminology at Simon Fraser University, has won the 2008 CBA Cecilia I. Johnstone Award in recognition of her outstanding work to advance the standing and influence of women in the legal profession.

As a legal scholar and educator, Professor Brockman has persuasively argued that law remains a highly gendered field, but one that can be reformed. Her reports to law societies have been instrumental in the development of model workplace policies for law firms, changes to codes of conduct rules relating to sexual harassment, the provision of parental leaves, innovative new workplace accommodation, and revision to professional development in aid of eliminating gender disparities.

Joan Brockman and Kerry Lynne Findlay, QC

“It is impossible to enter a serious discussion about the advancement of women in the legal profession without mentioning Joan Brockman. She has demonstrated exceptional leadership in this area through her scholarship, her policy-related work, and her teaching and mentorship,” said Veronica Jackson, National Chair of the CBA Women Lawyers Forum. “Professor Brockman’s career has directly supported the advancement of women lawyers and encouraged the retention of women lawyers in the profession.”

The Cecilia I. Johnstone Award was established in 2007 to recognize women who have achieved professional excellence in their field and influenced other women to pursue legal careers, supported other women in career advancement or opened doors for women lawyers in a variety of job settings that historically were closed to them. It is named to honour an outstanding lawyer, judge, CBA President, woman and friend who passed away in the summer of 2006.

December 2008 BARTALK

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EVENTS | NEWS

DAVE's Tech tip Technology Tip from Dave Bilinsky’s Award-Winning Blog: (www.thoughtfullaw.com): eWeek’s Channel Insider blog posted an interesting article on Thursday, Nov. 6, 2009: “Can Solution Providers Leverage Web 2.0 as Obama Did?” They stated: “Whoever you supported in the recent presidential election, one lesson everyone can learn from the whole thing is that technology is changing the way organizations interact with their customers.”

In particular, substitute “law firms” for “organizations” and one can realize that there are many lessons for lawyers to learn about how their clients (particularly younger ones) are communicating.

Twitter, FaceBook, blogs – all these and more are the communication methods being used today.

Ask yourself: “Where are my clients spending their time? Am I listening to them?” Obama (and his advisors) realized the power of today’s communication technologies and made the most of them.

The question that can be asked: Am I listening to these lessons and am I ready to move on? Have I thought about and more importantly, developed a plan to move forward using web 2.0 technologies to reach out to new markets and clients?

Early Bird “Bonus Offer” Winners A record 2,715 CBA members joined Sections before August 18th and were eligible for the Bonus Offer draw of CLEBC gift certificates and courses. The winners are: 1. Gift certificate for $700 to be used toward any CLEBC product(s); Nicholas Ellegood, Lawson Lundell LLP, Vancouver 2. Registration to a regular, one-day CLEBC course; Rebecca Buchanan, Race & Company, Squamish 3. Registration to a regular, one-day CLEBC course; Dominic A. Petraroia, Farris, Vaughan, Wills & Murphy LLP, Kelowna 4. Gift certificate for $300 to be used toward any CLEBC product(s); Cynthia Callison, Callison & Hanna, Vancouver The CBABC would like to thank the Continuing Legal Education Society of B.C. for its generosity and continued support of Sections.

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BARTALK December 2008

Work Life Balance Committee Gets the Boot – Boot Camp Workout That Is! On Tuesday, November 4, 2008, Corporate Occupational Solutions (COS) hosted a Boot Camp session for the Work Life Balance Committee. As part of the Work Life Balance Committee’s commitment to emphasize the importance of health and wellness as part of everyone’s daily activities, the Committee joined in a noon Boot Camp workout session. At the Boot Camp, COS instructors introduced a range of corestrengthening exercises, plyometrics, agility exercises, calisthenics, speed drills, circuit training, yoga, Pilates, and toning exercises. Committee member Rita Sidhu said afterwards, “I thought I was the type of person who would never attend a boot camp but I was completely wrong. It was fantastic! I felt so energized after.” For those CBA members who were unable to attend the November 4th session, COS has generously provided a free Boot Camp session workout, valid at any time until June 30, 2009. To print off your free COS Boot Camp Certificate, go to: http://www.cba.org/bc/pdf/events/ bootcamp_certificate.pdf. To find out more about COS and its initiatives, visit their website at www.COSinc.ca or contact COS CEO Antonio Zivanovic at 604-726-6142.

EVENTS | NEWS

1st Annual Boughton / BCLI Great Debate On October 29, 2008 the first annual Boughton / BCLI Great Debate was held at the Law Courts Inn, the topic of which was “Resolved that copyright law has no place in the modern iWorld.”

The event, hosted jointly by the Boughton Law Corporation and the British Columbia Law Institute, was organized to raise funds for the Institute’s law reform initiatives as well as for the UBC Faculty Winners Robert Howell and Tony Wilson of Law’s new law school building. This lighthearted and fun debate was undertaken by Professor Robert (Bob) Howell, UVic IP Law Professor and Tony Wilson, Boughton Law Corporation, who argued for the resolution on behalf of the University of Victoria, and Professor Joost Blom, QC and Karen MacDonald of Smart and Biggar, who argued against the resolution for the UBC team. The debate was such a close contest that CBC Radio One’s Rick Cluff, the moderator, had to rely on Chief Justice Brenner to determine that UVic was the victor of the Great Debate Trophy. Many thanks to all who attended. We’ll see you at next year’s event, scheduled for October 28, 2009.

More information can be found at: www.bcli.org.

The Court Services (CSO) e-File Service The Court Services Online (CSO) e-File service allows users to submit electronic court documents in civil actions to Supreme Court and Provincial Court registries. Electronic filing is a key component of the Integrated Electronic Court, a joint vision of the Court Services Branch of the Ministry of Attorney General and the British Columbia Judiciary to use new technology to improve access to justice.

B.C. is the first province in Canada to introduce a comprehensive e-Filing system including the storage and maintenance of court files in an electronic format.

Legislation to facilitate e-Filing came into effect in 2005. Today, CSO e-Filing is available in thirteen court locations, and more than 26,000 Supreme Court Civil, and Provincial Court Small Claims documents have been e-filed. E-Filing will be available in all 43 court locations in December 2008.

E-Filing is available for most Supreme Court Civil and Provincial Court Small Claims documents. For e-Filing restrictions refer to Supreme Court Rule 69 (5) and Small Claims Rule 22.

E-Filing is simple and can take less than three minutes to complete. Once a document is e-Filed, an electronic copy can be retrieved via the CSO account. Statutory filing fees and CSO transaction fees can be paid with a credit card or with a BC OnLine deposit account.

Feedback from law firms has been very positive. They like the ease and convenience, and the efficiencies gained. E-Filing allows users to file, retrieve and electronically search files from their office or home.

For more information about e-Filing or to view a demonstration, please visit Court Services Online at www.courtservicesonline.gov.bc.ca.

Questions can be emailed to Courts.CSO@gov.bc.ca.

December 2008 BARTALK

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CALENDAR | NEWS

2008 Fall Launch and Award of Excellence Luncheon The CBABC Women Lawyers Forum held a Fall Launch and Award of Excellence Luncheon on October 29, 2008 in celebration of its sixth year of successfully promoting the stature and influence of women in the legal profession. The first Award of Excellence was presented to Maria Morellato, QC, in recognition of her many distinguished career achievements and outstanding contributions to women in the legal profession as a change agent, leader and mentor.

From left to right: Miriam Maisonville, Rosanne Kyle, Marina Pratchett, QC, Alison Murray, Maria Morellato, QC, Anne Chopra and Linda Robertson.

We wish to congratulate and honour the nominees for the first CBABC Women Lawyers Forum Award of Excellence: Rosanne Kyle, Miller Thomson LLP; Maria Morellato, QC, Blake, Cassels & Graydon LLP; Alison Murray, Murray Jamieson; Margaret Ostrowski, QC, Immigration & Refugee Board; Susan Paish, QC, Pharmasave Drugs (National) Ltd.; and Marina Pratchett, QC, Fasken Martineau DuMoulin LLP.

Georges A. Goyer, QC Award Marvin Storrow, QC, partner emeritus at Blake, Cassels and Graydon LLP, is the recipient of one of the CBABC’s, highest honours, the Georges A. Goyer, QC Memorial Award. The Award was presented to Mr. Storrow at the 2008 Bench and Bar Dinner at the Pan Pacific Hotel in Vancouver on November 19, 2008. The Goyer Award was created in 1992 to recognize exceptional contributions to the legal profession, to jurisprudence or to the law in British Columbia. The award was established in memory of Georges A. Goyer, QC, a respected member of the B.C. Branch who passed away after a courageous battle with cancer.

CBABC President Miriam Maisonville, who chaired the selection committee, said “Marvin Storrow, QC a renowned litigator, is one of the leaders of our profession and exceptionally deserving of this year’s Goyer Award for not just his legal contribution to existing jurisprudence, but his volunteerism for other lawyers. His volunteer activities in their entirety are too numerous to mention but include being a Director and Executive Member of the Educational Endowment for Aboriginal Justice, Committee member of the CBA Aboriginal Law Student Scholarship Trust, Life Bencher of the Law Society of B.C. and past Elected member of the Provincial Council of the Canadian Bar Association. Mr. Storrow is a recognized leader in numerous legal areas particularly Aboriginal law, and “white collar crime” and his contributions are recognized in all Courts from our Provincial Court to the Supreme Court of Canada.”

22

(see cba.org/bc for details)

Branch and Bar Calendar

December 2008 – January 2009 December 5

CBABC Women Lawyers Forum “Lady Lawyers Who Lunch” Christmas Soiree (COZA! Restaurant, Langley)

December 5

CBABC / Local and County Bar Associations (Delta Airport Hotel, Richmond)

December 6

CBABC Provincial Council Meeting (Delta Airport Hotel, Richmond)

December 8

Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries

December 12

New Westminster Bar Association Christmas Dinner (Hart House Restaurant, Burnaby)

January 15

CBABC Executive Committee Meeting (CBABC Boardroom)

BARTALK December 2008

NATIONAL NEWS

Canadian Legal Conference 2009

CBA Online Store

Do you like to plan ahead and avoid the last-minute rush? Then be sure to guarantee your place at the CBA’s Canadian Legal Conference in Dublin, Ireland, Aug. 16-18, 2009.

Looking for materials from a past CBA National Continuing Legal Education program or access to a past online CLE session?

You can find them, and much more, in the CBA store. Search by subject, author and keyword to find exactly what you are looking for. Order online, then download immediately in PDF format. It couldn’t be easier!

Take a moment to check out the draft program, then book your accommodation online. The schedule has been structured with business and professional development programs in the mornings, with afternoons free for sightseeing. Then round out the day with receptions, dinners and entertainment at the National Concert Hall, Dublin Castle, and Guinness Storehouse.

Brochure uuu http://www.cba.org/cba/dublin2009

Visit the CBA store uuu www.cba.org/store

Equity and Diversity Guide Available Online The CBA’s Equity and Diversity Guide – a first of its kind in the legal profession – is a resource manual for the legal profession that offers practical advice to help law firms promote diversity and equity, leadership for recruitment efforts, and mentoring for lawyers.

“The business case for diversity is already made,” says Mary Jackson, chief legal personnel and professional development officer with Blake Cassels & Graydon LLP in Toronto, and a member of the guide’s advisory panel. “This guide speaks to how you actually do it. It is the first step in thinking about and analyzing your approach to diversity.”

Developed by the CBA’s Standing Committee on Equity, the guide directly meets the strategic objective of promoting equity and diversity in the legal profession. “We are trying to assist law firms and organizations so that they can become leaders within their fields, by achieving and promoting diversity within so that they become part of the core business plan,” says Janet Oh, immediate past Chair of the Equity Committee.

The guide is being distributed throughout the profession alongside the CBA’s “It’s About Respect” video series on gender, race and disability discrimination. The video series presents three very short stories to open a discussion about the biases and prejudices that may be present in law firm situations. By exploring assumptions and increasing self-awareness, lawyers will be able to recognize ways in which they can contribute to a discrimination-free workplace.

“The ultimate goal is to try and achieve diversity within the legal profession, so it is reflective and inclusive of the population and of groups that have traditionally been underrepresented, excluded and discriminated against within the profession itself,” says Janet Oh. The CBA’s Equity and Diversity Guide uuu http://www.cba.org/cba/equity December 2008 BARTALK

23

member services

As winter sets in, get out and play: outdoors on the ski and snowboard slopes, or indoors at arts and sports events. And, just in time for the Holidays, CBA has some suggestions for gifts that are always in good taste and sure to be appreciated.

Winter On Sale (For a Limited Time) January 15 - February 7, 2009 Order lift tickets online January 15 - February 7, 2009 and enjoy skiing and snowboarding through Easter. Receive actual lift tickets (no waiting in line, no blackout periods, 100 per cent transferrable) by the last week of February.

Whistler Blackcomb: Save 20 per cent or more on ski-tickets, 35 per cent – 50 per cent off rentals! Peak 2 Peak Gondola access included in all lift tickets to Whistler/Blackcomb.

Outside the Lower Mainland, the savings continue: 15 per cent off Big White (Kelowna) and Silver Star (Vernon); 10 per cent off Sun Peaks (Kamloops) ski hills.

Live Entertainment Did you know major performing arts companies in Vancouver and Victoria offer members regular discounts on shows and season subscriptions? The Arts Club Theatre (www.artsclub.com) offers up to 20 per cent off single ticket prices to any of its shows at the Stanley Theatre or Granville Island Stage.

Under new artistic leadership, the Playhouse Theatre (www.vancouverplayhouse.com) offers members an exclusive online discount: $6 off the single ticket price to any show (except previews and openings). If you love music with your theatre, Vancouver Opera (www.vancouveropera.ca) offers members 10 per cent off regular subscription rates.

Music lovers on Vancouver Island can attend regular series Victoria Symphony concerts at 20 per cent off the regular price (www.victoriasymphony. ca). In Vancouver, the VSO (www. vancouversymphony. ca) offers a standing discount of 15 per cent off box office tickets. Go to Member Savings at www. cba.org/bc for full details of promotional codes and additional information on these and other arts and entertainment offers.

To order tickets on sale go to www.cba.org/bc between January 15 - February 7, 2009.

Sign Me Up!

Vancouver Canucks – Ticket Update Seats in Upper Bowl III are available for January 15 (Phoenix), January 28 (Nashville), March 3 (Minnesota), and April 2 (Anaheim) @ $60. Book early to avoid disappointment.

Lawyers’ Cases Bugatti bags are available in six popular styles, with and without wheels, all customizable via embossing of personal or firm initials. Perfect for Christmas as a gift or a present for yourself.

CBA Boutique Think of it as your in-house source for business gifts.

Visit www.cba.org/bc and go to Member Savings to see what’s in store, starting at just $5.

24

BARTALK December 2008

q Yes, please send me monthly updates on

the latest CBABC promotions.

Name: ____________________________________ Fax: ______________________________________ Email: ___________________________________ Please complete this form and fax back to 604-669-9601/ toll-free 1-877-669-9601 or sign up by emailing your information to members@bccba.org.

PROJECTS INITIATIVE

Funding Notice 2009 Projects Initiative The Law Foundation anticipates establishing a projects budget of $750,000 for 2009 one-time projects.

The Law Foundation encourages applicants and projects that reflect the diversity of British Columbia.

The Law Foundation’s working definition of diversity is: Diversity includes age, different abilities, socio-economic level, education, ethnicity, language, family, gender, marital/relationship status, race, religion, work experience, geographic size and location, and sexual orientation.

Who can apply?

A non-profit organization in British Columbia whose proposed time-limited project falls within one or more of the five statutory mandated areas of the Law Foundation: legal aid; legal education; legal research; law reform; and law libraries.

as they fall within the program objectives of the Law Foundation.

Areas of encouragement: The Law Foundation is particularly interested in receiving proposals that meet needs in the following areas: • Aboriginal Justice • Family Law • Projects that meet the legal needs of culturally diverse groups • Projects that meet the legal needs of remote, isolated and underserved areas of the province • Youth Justice • Consumer and Debt Issues The Law Foundation will consider proposals in areas other than those listed above as long

Application process: There will be a two-stage process: a Letter of Intent stage followed by selected applicants being invited to submit full applications for adjudication at our June 2009 board meeting.

Please visit the Law Foundation website to download a Letter of Intent form, www.lawfoundationbc.org, or contact LFBC at 604-688-2337 / lfbc@ tlfbc.org. The deadline for Letters of Intent is 3:00 p.m., Friday January 23, 2009.

Please contact Law Foundation staff at 604-6882337 to discuss your project prior to submitting a Letter of Intent form.

Grant size: The maximum amount available for each project is $75,000.

Law Foundation of British Columbia GRADUATE FELLOWSHIPS 2009/2010 VALUE: Up to five (5) Awards of $13,750 each (subject to change).

CLOSING DATE: January 5, 2009.

FIELD OF STUDY/ ELIGIBILITY: Full-time graduate studies in law or a law-related area. Applicants must either be residents of British Columbia; graduates of a British Columbia law school; or members of the British Columbia Bar. WHERE TENABLE: Recognized universities in Canada, the U.S. or abroad. NOTE: The Law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of Law at the University of British Columbia and the University of Victoria as the Law Foundation makes separate grants to the Graduate Fellowship programs at these universities.

APPLICATIONS: Please visit the Law Foundation website, www.lawfoundationbc.org or contact the Law Foundation of B.C., 1340 – 605 Robson Street, Vancouver, B.C. V6B 5J3 / Tel. 604-688-2337 / Email lfbc@tlfbc.org for an application form or further information.

December 2008 BARTALK

25

cbabc partners | Membership

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of September and October of 2008:

Regular Members Tam C. Boyar Hunter Litigation Chambers Vancouver

Articling Students Erik Albrecher Straith & Company Victoria Diane Campbell

Taeghan Duff Blake, Cassels & Graydon LLP Vancouver

Morgyn Chandler Richards Buell Sutton LLP Vancouver

Michael Dupuis Morelli Chertkow LLP Kamloops

Emily Clough

Alex Farber Miller Thomson LLP Vancouver Kevin Gourlay Guild Yule LLP Vancouver Mark J. Gustafson Fasken Martineau DuMoulin LLP Vancouver Alexandra Camille Luchenko Blake, Cassels & Graydon LLP Vancouver Brooke A. MacLeod Windsor Law Group Victoria Adam Menzies Oyen Wiggs Green & Mutala LLP Vancouver Scott Twining Whitelaw Twining Law Corporation Vancouver Emmanuelle ValléePouliot Cardiome Pharma Corp.

Vancouver

Travis Cramb Farris, Vaughan, Wills & Murphy LLP Vancouver Tamara Djurdjevic Turko & Company Vancouver Dana Ellis McCarthy Tétrault LLP Vancouver Elizabeth Fashler Gowling Lafleur Henderson LLP Vancouver Sarah Hudson Borden Ladner Gervais LLP Vancouver Naseeb Kahlon Jonathan Kutner Fraser Milner Casgrain LLP Vancouver Stacey Lambert Caroline & Gislason Lawyers Vancouver Aaron Lightman Fraser Milner Casgrain LLP Surrey Morgan D. Maguire Farris, Vaughan, Wills & Murphy LLP Vancouver

Associate Members

Harmonie Roesch-West

Rachel Margaret Mockler

Martin G. Sheard Farris, Vaughan, Wills & Murphy LLP Vancouver

Harmandeep Virk Western Star Immigration Inc. Abbotsford

Frederick Wynne Cowley & Company Surrey Kristina Zelenika

To view all new members, including the 122 Law Students, please visit uuu http://www. cba.org/bc/bartalk_06_10/12_08/membership.aspx.

26

BARTALK December 2008

CLEBC Update New edition of CIVJI on the way CLEBC is preparing its second edition of Civil Jury Instructions (CIVJI) for launch in the spring.

Updated annually since it was published in 1989, CIVJI contains approximately 100 standard civil jury instructions in language that is easy to understand. Annotated with exhaustively researched legal authority, the instructions cover procedure, evidentiary matters, torts, defences, and damages. Users are encouraged to customize the instructions to fit the case; user notes are featured throughout, giving guidance to members of both Bench and Bar on specific instructions.

CIVJI includes a thorough discussion of trial by civil jury in Canada, including procedure from the time a jury trial is elected to the commencement of the trial, procedure before the jury, and review of the jury’s verdict.

The new edition will feature revised charges and annotations and revamped navigation.

Upcoming Courses CLE has a busy winter session of new courses, conferences and annual updates in a variety of areas of law. There are three new titles of interest in January: (a) Solo and Small Firm Conference (January 22, 2009): a comprehensive program on all matters pertaining to the business of effectively running a law practice. (b) Real Estate: Everything’s Gone Green (January 29, 2009): “green” real estate development and the legal implications that you need to know to advise your clients. (c) Fundamentals of Judicial Review (January 30, 2009): the course will walk you through a judicial review application from beginning through drafting to presentation.

In February, we are offering the Charities and Notfor-Profit Law Conference (February 13, 2009) and adding additional breakout sessions geared to notfor-profit housing and education issues.

bar moves

u

Bar Moves

u

Continued from page 2

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

Joanne A. Anderton

Ben J. Eberhard

Eric L. Goodman

Eli C. Walker

Sherri Robinson

Farris, Vaughan, Wills & Murphy LLP is proud to announce that four of its articling students – Joanne A. Anderton, Ben J. Eberhard, Eric L. Goodman and Eli C. Walker – were called to the Bar on September 5, 2008 and have since joined its Vancouver office as associates. Ben Eberhard, practising general commercial and civil litigation, Eric Goodman, practising civil, criminal, and commercial litigation, and Eli Walker, practising civil, criminal and family litigation, have all joined Farris as litigators. Joanne Anderton will practise as a solicitor in the areas of corporate and commercial law.

Sherri Robinson has joined Synergy Business Lawyers as an associate continuing her practice in wills and

estates and general corporate commercial matters.

Used Legal Textbooks Needed for the Developing World The International Assistance Section of the CBABC is accepting donations of used legal textbooks and treaties to send to legal clinics, advocacy centres, and publicly accessible law libraries in sub-Saharan Africa and other parts of the developing world.

Textbooks and treaties, but not case-reporters, published within the last 10 years, on all areas of law are needed. Anyone interested in donating please call or send a list of your available books to Robin Bajer (604-643-1295) rbajer@millerthomson.com or Delia Jane Ramsbotham (604-331-6017) dramsbotham@mbalawyers.ca.

Health & Wellness TIP Planning a Meeting: Everything in Moderation Healthy eating is balanced eating. Healthy eating does not mean that everything you serve has to be low-fat, low-salt, low-sugar and high-fibre.

uuu

At your meetings and events, you can still offer the treat of a cookie or pastry now and then. Just make sure that you offer more choices that are healthy and fewer choices that are not. And that whenever you do serve the less healthy choices – such as cookies or pastries – you cut them in half. courtesy of ACTNOW BC www.actnowbc.ca

December 2008 BARTALK

27

classified ads

DECEMBER 2008

POSITIONS AVAILABLE

Services Continued

LOCUMS – OnPoint Law Corp. is looking for

Atkinson Law Office Business/Immigration,

exceptional litigators and solicitors to join its

www.AtkinsonLaw.com referrals paid.

Classified and display Next deadline: January 11

insert (all of B.C.)

Next deadline: January 16 Next mailing: February 8

Locum Division. Successful applicants must have at least five years experience in one area

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

of law, and be available for flexible placements.

Please send a resumé to Sarah Picciotto at spicciotto@onpointlaw.com or call 604-879-4280.

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Request for Expression of Interest (EOI)

The Department of Justice is seeking Expressions of Interest (EOIs) from private sector law firms and law practitioners interested in being considered for appointment as Legal Agents of the Minister of Justice and Attorney General of Canada. These agents provide the Government of Canada with legal advisory, real estate

28

BARTALK December 2008

Claims and appeals Vice Chair at Review Board for 6 years More than 25 years personal injury litigation

Vahan A. Ishkanian

Visit Us Online:

Legal Agents of the Minister of Justice and Attorney General of Canada

604-267-3033

or litigation services in a broad variety of practice areas across the country.

The Department of Justice relies upon in-house counsel, as well as private sector law firms and law practitioners, to support the Minister of Justice and Attorney General of Canada in his responsibility for the legal affairs of the government as a whole and in the delivery of legal services to individual departments and agencies.

Interested law firms and law practitioners are invited to consult the Department’s website at www.justice.gc.ca under “Work for Justice” for details regarding the application process, qualifications, locations and a list of relevant areas of expertise. Applicants will be placed on an eligibility list and may be subject to further screening and evaluation as dictated by operational needs.

Applicants must be willing to comply with minimum requirements in order to be considered for an appointment.

Please note that this process does not apply to prosecution work. Information on becoming a Legal Agent of the Director of Public Prosecutions can be found at http://www.ppscsppc.gc.ca/eng/aaf-man/ index.html.

This EOI does not obligate the Department or the Government of Canada in any way and is not to be construed as binding upon the Department or the government. Law firms or law practitioners having already expressed their interest through this process need not re-submit

unless they wish to revise previously submitted information or register interest in additional practice areas.

For more information on the role of Legal Agents, please visit: http://canada.justice. gc.ca/eng/dept-min/la-man/ index.html.

Karen Beasleigh

Tel: (613) 946-7642 Fax: (613) 960-1857 E-mail: EOI-EDI@justice.gc.ca