BarTalk I January 1991

Bar TAl k NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, B.C. BRANCH

Winter Convention '91

Practicing in the '90s - a con G e t t in g t o t h e M il l e n n iu m Challenge of Change - Practicing in the ’90s

JANUARY 1991 VOLUME 3 NUMBER 1

Vancouver

Winter Convention '91's Chairman Eric Rice and his Committee have prepared a substantive pro­ gram that will both inform and stimulate you.

Prepared with the assistance of the Continuing Legal Education Society of B.C., the program fea­ tures a faculty of 60 speakers and panelists who are respected leaders in their areas.

The substantive program kicks off with noted law office management consultant Ward Bower.

Please turn to page 2.

Council voices concern about legal aid

SECTIONTALK/3 Provincial Council highlights LEGISLATIVE UPDATE/5

You are faced with demanding and time-consum­ ing decisions daily. How do you tackle the changes and challenges of practicing law today and into the next century?

Keynote Speaker March 14-17,1991

HIGHLIGHTS

everyone

Legal aid was the focus of a lively debate at the January 25 Provincial Council meeting.

It was reported to Council that members of the Vancouver QC APPOINTCriminal Justice Section had MENTS/10 met on several occasions and were proposing a course of ac­ tion to withdraw from taking NATIONAL CBA legal aid files.

AGM/11 After lengthy deliberation, Council passed a resolution re­ questing the Criminal Justice LAW WEEK/12 Section to submit any proposed plan for strike action to Council and that the Section take into consideration the views and recommendations of Provincial Council before adopting or an­ nouncing to the public any pro­ posed course of action.

Council members passed a sec­ ond resolution stating that it

would not support any action by the Criminal Justice Section that might result in members violating the Rules of Profes­ sional conduct as established by the Law Society of B.C. Bill McCallum, Master of the Courts, spoke about the role of the registrar. He noted that many registry positions are staffed by non-legally trained persons and therefore hearings take place before the Masters.

Unfortunately, the Masters' workload is growing and regis­ trars will be called upon to sit in judgment on some matters.

He suggested that a training program should be developed for District Registrars or Depu­ ties.

McCallum invited the Bar to provide him with thoughts or suggestions on using lay per­ sons in these positions as well

as ways to improve the opera­ tion of the courts and the regis­ tries in particular.

Tony Palmer, chair of the DialA-Law/Lawyer Referral Com­ mittee, reported that the DialA-Law computer system was operating beyond expectations.

Calls have increased some 300% which has put a strain on the budget. As a temporary meas­ ure, caller access to the toll-free lines has been limited. The Vancouver Lawyer Referral program has been computer­ ized and a panel re-registration will occur soon.

Council approved a resolution recommending to the National Council that the National ByLaws be interpreted or amend­ ed so that judges in all courts and the masters in B.C. and their equivalent elsewhere shall be deemed to be affiliate mem­ bers of the CBA.

Winter Convention '91 (continued from pagel) Bower's address Changes in the Profession will tell you how to succeed in the 90s and beyond.

He will discuss trends affecting the legal profession and law firm profitability in the 90s. He will discuss factors influencing law firm profitability and strategies to enable law firms to succeed. Bower will elaborate on profitability factors such as niche marketing, tiered partner­ ships, quality assurance pro­ grams and management devel­ opment training for lawyers.

Friday's program is a full day of concurrent programming in­ cluding: a panel led by Bower; GST Concerns in Real Estate; Commercial and Corporate Law Updates; Family Law Custody and Access and the Charter; Computers and the Law Firm; Financial Planning for the Professional; Immigra­ tion: Ethics and Issues; Civil Litigation panel; GST and the Law Firm and Plain Language for Lawyers.

Papers available Concurrent sessions have you overwhelmed? Never fear. All participants have been re­ quested to prepare a paper for distribution at the conference.

Delegates will be able to pick up papers from concurrent ses­ sions.

And as a bonus to delegates, National Trust, a major CBA member service, has agreed to provide binders for these pa­ pers.

Exhibits Over 20 exhibitors will show you the latest products to keep you competitive in your prac­ tice. Friday's buffet lunch will be in the Exhibit area.

Delegate's can complete their "Exhibit Passport" and be eli­ gible for a major prize.

Saturday substantive program Saturday's concurrent sessions focus on areas such as: Crimi­ nal Ethics: bear-pit discussion; the Recession: what's next for you and your clients?; Wills practice: tips, tools and tech­ niques; Director Liability; and Stress Management.

Saturday ends with a panel moderated by Peter Mansbridge of CBC's The National.

Panelists include Tom Siddon, Minister of Indian Affairs; Marvin Storrow, Q.C.; Wendy Grant, Chief of the Musqueam Band; Robert Louie, Chief of the Westbank Band and other spokespersons. These panelists will provide perspectives on aboriginal claims and issues.

Social Program Thursday evening begins with a reception sponsored by the Continuing Legal Education and the Law Society of B.C. Karaoke Evening Friday evening, you can be­ come the star and sing along to your favourite hits! The elegant Pan Pacific Hotel is the setting for you to enjoy an elegant oriental-style dinner served by costumed staff. Brush up on your favourite tunes for this fun-filled evening that also in­ cludes dancing.

Black and White Ball Dress code: as you like as long as its black and white — t'shirts to tuxes — it's your choice for this fun-filled theme evening.

The evening kicks off with a re­ ception sponsored by the Van­ couver Bar Association who are also sponsoring the dance later that evening featuring Vancou­ ver's premier dance band, Visi­ bly Shakin who will move you from the hits of the '40s to the next century and beyond! The

decorations will be elegant, the I meal gourmet and the major prize of a trip for two to San Francisco, courtesy of Uniglobe I will be drawn.

Prizes From fine dining, to computer courses, to weekend get-a­ ways, the prizes from our gen­ erous donors will be given to delegates at various events throughout the convention.

Brunch with members of the Vancouver Canucks A family brunch ends the whirl­ wind weekend with members of the Canucks on hand. Other entertainment is also planned for the children and family too!

And there's m ore!

A special guest program has been arranged including a cruise on the Fraser River, a guided tour of the Vancouver Art Gallery and an afternoon at Granville Island. A very special morning at the exquisite Dr. Sun Yat-Sen Classical Chinese Gardens has been arranged ending with a dim sum lunch.

Children's Program To the future with a hands-on day at Science World! Lunch is included. Saturday, the chil­ dren are transported back in time to the Ming Dynasty and a visit to a Mandarin's home at the Dr. Sun Yat-Sen Classical Chinese Gardens. A special children's program will be in­ formative and fun. Lunch is in­ cluded.

Registration information has been sent to all members. If you can't attend it all, you can register for events of your choosing.

Winter Convention '91 March 14-17,1991 Westin Bayshore, Vancouver

S ection Talk clients would be required to keep these documents.

Mr. Whitman's and Ms. Pitt's concerns about the proposal centre around the prevention of fraud, the necessity for legal advice and the problem of tracking down a witness if a lay person is permitted to witness a Land Title Office document.

Shelley Bentley

Proposed changes to officer certification of land title office docu­ ments raises concerns In the Victoria Real Property Section meeting Guy Whitman and Victoria Pitt voiced con­ cerns over abolishing officer certification.

It appears that our Land Title system is headed towards a pa­ perless registration system in the next few years. The goal is to have a registration system that resembles the present Per­ sonal Property Registry. The difficulty lies in the fact that the Land Title Registry is a title reg­ istry system and not a notice system like that of the Personal Property Registry.

Ontario has already removed the requirement to have land documents witnessed. British Columbia officials are discuss­ ing the removal of the witness­ ing requirement in B.C. with an independent committee of prac­ titioners in Vancouver. The committee believes that wit­ nessing requirement could be omitted if the Property Law Act is amended to impose a duty on a vendor to deliver proof of execution to the purchaser.

Proof of execution would not be filed in the Land Registry, and it appears lawyers and their

At common law it is the pur­ chaser's responsibility to check signatures on a transfer. The reality is that transfer docu­ ments are not signed in front of the purchaser's solicitor due to conflict issues. If a lay person is permitted to witness a Transfer the purchaser's solicitor has no way of confirming signatures.

This puts an onerous burden on the purchaser's solicitor and will result in increased fees to the purchaser.

Mr. Whitman and Ms. Pitt sug­ gest that lawyers' signatures could be verified by the Land title Office with the use of O.C.R.'s. This would require effort initially but would pro­ vide better protection to the public.

the "rogue" child would walk away with the land. No fraud could be proved.

G.S.T. and residential conveyancing Gerry Neely presented a brief overview of the effects of the G.S.T. on residential convey­ ancing practice to Victoria Real Property Section members.

In the sale of a new home the purchaser must pay the G.S.T. but it is the vendor/builder's responsibility to collect and re­ mit the G.S.T. In this case the vendor's solicitor will want an undertaking from the pur­ chaser's solicitor to pay G.S.T. with the sale proceeds.

In a case where the purchaser requires the vendqr/builder to claim the new home rebate, the vendor's solicitor must be care­ ful to require proof that the purchaser intends to occupy the home as his or her primary place of residence.

In voicing their concerns about the necessity of legal advice Mr. Whitman and Ms. Pitt de­ scribed the "aged parent prob­ lem." On several occasions an aged parent has been brought to them to sign over a house to a child. On exploration, it has become obvious that the parent was unaware of the effect of the Transfer document.

In the sale of a used home the purchaser buying the used home may want a certificate confirming that the sale is not subject to G.S.T. because it is used and has not been substan­ tially renovated. In addition the purchaser will want to con­ firm that the vendor did not claim G.S.T. input tax credits upon the purchase or upon capital improvements made to it.

As a result, Mr. Whitman and Ms. Pitt have refused to witness the document. If no lawyer or notary were available in such a case the property would be transferred. The aged parent is often unaware or incapable of taking steps to rectify the situ­ ation. Upon the parent's death beneficiaries would likely be without proof as to duress and

Mr. Neely suggested that the Contract of Purchase and Sale contain a clause to the effect that the parties agree to provide such documents as may be re­ quired to verify the G.S.T. status of the transaction and to make such payment of tax upon closing as may be required. He invites members' suggestions on the appropriate drafting of

4

SectionTalk (continued) such a clause.

Mr. Neely also pointed out that personal property such as stoves and fridges which are in­ cluded in the sale are subject to G.S.T.

A consumer's view of lawyers' work After practicing law in Vancou­ ver for over ten years, Thomas Barnes of F.C. Maltman & Co. B.C. Ltd. became a consumer of Vancouver's legal services. In an address to the B.C. Civil Liti­ gation Section he had some interesting advice to lawyers on how to improve solicitor-client relations.

He commented that, "you would be amazed at how little clients know what it is you do, why you do it, or how you do it. Lawyers cannot leave it to their firm 'rain makers', busi­ ness development committees, brochures and advertisements to communicate with their clients.

The job can be done far more ef­ fectively by every lawyer in the way he or she practices every day. How can lawyers become better communicators? Here are some suggestions: 1.

Let the lawyer with con­ duct of the file deal with the client. More than one client has changed firms because the "contact partner" has disrupted communications.

2.

Enter into a written re­ tainer agreement. In addition to the usual particulars of the retainer the agreement should contain the following: a) Identify significant areas of responsibility. Each one should be assigned either to the firm, client or a third party. If there is going to be a need to obtain

expert evidence it should be explained and the payment of the associated costs covered.

sent prior to undertaking any significant steps in the litiga­ tion.

b) Identify if any lawyers other than the retaining lawyer in the firm are to be utilized on the file.

A client who is unfamiliar with the civil litigation process can­ not be expected to know the length of time various steps take. Their perceptions of rea­ sonable delays, the court calen­ dars, finding mutually conven­ ient dates on lawyers' calendars let alone the demands of your other files cannot reasonably be expected to be the same as your own.

c) Agree to a schedule for all major tasks which can be fore­ seen in the matter. d) Set out clearly the lawyer's authority in the matter. e) Discuss and confirm the goals of the client.

3.

Fees and Expenses. Never send a bill if a client does not already know approximately what the amount will be.

4.

Client relations. The most common complaint about law­ yers is that they charge too much to take too long to do too little. What can be done about this perception?

First, the civil litigation system is expensive, lengthy and is not going to accomplish much for half the people involved in law suits. As lawyers it is our re­ sponsibility to ensure our clients perceive this.

Second, insofar as the percep­ tion is inaccurate, it is in every lawyer's interest, if not his or her obligation, to enlighten his or her client.

Always advise your client of any risk and obtain their con-

It is amazing how many nega­ tive feelings are generated by lawyers who do not promptly return phone calls. Even if you are not available, someone else in your office should contact your client, explain your un­ availability and enquire if there is anything that needs immedi­ ate attention. Often there will not be, but the goodwill gener­ ated and positive impression created will be immeasurable.

Psychologists tell us that we cannot expect anyone to retain more than six or seven items of information in their short term memory. A lay person is par­ ticularly susceptible to informa­ tion overload when dealing with our judicial system. For this reason, you should confirm all important telephone conver­ sations and conferences in writ­ ing with your client.

GST applies to court fees Court Services reminds the pro­ fession that court filing fees, court fines and penalties are GST-exempt. However, Court Services must collect GST on the following court-related fees: Sheriff fees associated with: ♦ Service of subpoena to debtor; judgment summons; service of examination of an of­ ficer of a company; service of a

summons to a default hearing; enforcing warrants of arrest. ♦ Civil committal orders.

(Note: after Feb. 25,1991, there will be no fee for service for small claims civil committal or­ ders). ♦ Civil jury trials.

Other fees: ♦ Examination room rentals ♦ Hearing day fees.

LEGlSLArWEUPIKrE Ciu

You will see a reference to the number of the Bill (First Reading Bill Number) when it was introduced into 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 First Reading Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

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.

Ann McLean

Acts In Force Electrical S afety A mendment Act, 1990, S.B.C. 1990, c.5, First Reading Bill Number 10, amends the Electrical Safety Act, R.S.B.C. 1979, c. 104 by expanding the certificate and permit provisions relating to the performance of electrical work, in­ cluding providing for regulations prescribing dif­ ferent types of certificates and permits with dif­ ferent requirements and conditions for different classes of persons and different circumstances. in fo r c e N ov em ber 22,1990

Attorney G eneral Statutes Amendment Act, 1990, S.B.C. 1990, c.33, First Reading Bill Number 54, amends the a) Court of Appeal Act, S.B.C. 1982, c.7 as to s.25 by providing that where 6 months have passed since the most recent step has been taken on a pending appeal or on an applica­ tion for leave to appeal a justice may con­ sider whether to dismiss the appeal or appli­ cation for leave, b) Interpretation Act, R.S.B.C.. 1979, c.206, as to s.29 by revising the definition of "newspa­ per" as it is used in all enactments requiring publication in a newspaper. Previously "newspaper" had been defined by reference to s .ll of the Post Office Act (Canada), which statute has been repealed. The new defini­ tion reads as follows: "... a printed publication in sheet form, in­ tended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers on a bona fide subscription list." section s 2, 4 an d 5 o f the A ct in fo r c e D ecem ber 10,1990

H ealth Statutes Amendment Act, 1990 S.B.C. 1990, c.51, First Reading Bill Number 61, amends the

a) Dentists Act, R.S.B.C. 1979, c.92 as to s.7 by allowing the council of the College of Dental Surgeons to make designations of numbers and boundaries of electoral dis­ tricts, representatives and members for the purpose of electing council members, b) Health Act, R.S.B.C., 1979, c.161 as to s.T, including an occupier of premises as an owner for purposes of permitting an inspec­ tion by a health officer under s.66 of the Act, and as to s.112 providing for continuing of­ fences to be a separate offence for each day and increasing the maximum penalty from $500.00 to $2,000.00, c) Health Statutes Amendment Act, 1987, S.B.C., 1987, c.55, by repealing s.27 and rein­ stating s.58(l)(b) of the Medical Practitioners Act, R.S.B.C., 1979, c.254 allowing a person who has been a member of the Law Society of British Columbia for at least 10 years to be appointed to an inquiry committee in­ quiring into a charge or complaint against a member of the College of Physicians and Surgeons of British Columbia, d) Hospital Act, R.S.B.C., 1979, c.176, by re­ pealing Part 3 relating to "Rehabilitation and Extended Care Hospitals" and incorporating these types of hospitals in the general defini­ tion of "hospital" in s.l, and by amending s.35 so that only hospitals providing primar­ ily acute care must provide facilities for uni­ versity medical students, e) Hospital Insurance Act, R.S.B.C., 1979, c.180 in a housekeeping amendment to the definition of "hospital" in connection with the changes to the Hospital Act described above, f) Medical Practioners Act, R.S.B.C., 1979, c.254 repealing s.58(l)(a) which had allowed a County Court judge to be appointed to an

6

Legislative Update (continued) inquiry committee inquiring into a charge or complaint against a member of the College of Physicians and Surgeons of British Co­ lumbia, g) Naturopaths Act, R.S.B.C., 1979, c.297 as to s.3 by adding the requirement that a per­ son who is not a member of the Naturopa­ thic Physicians of British Columbia be a member of the Board of Naturopathic Physi­ cians, and providing for a quorum of 4 out of 6 members, and, h) Nurses (Registered) Act, R.S.B.C., 1979, c.302, as to sl3.1, providing the powers, pro­ tection and privileges of a commissioner under s. 12,15 and 16 of the Inquiry Act, to the graduate nurse appeal board, and as to s.15 by allowing persons who provide care based solely on Christian Science healing concepts, to use the title "Nurse" in certain circumstances. section s 3 to 24 and 29 to 32 o f the A ct in fo r c e D ecem ber 10,1990

M embers' Conflicts o f Interest Act, S.B.C., 1990, c.54 First Reading Bill Number 66. A discussion of the contents of this Bill was included in No­ vember's Legislative Update; as it was originally to come into force on December 1,1990. We fur­ ther reported in December's Legislative Update that s.19, providing for funding for the operation of the office of the Commissioner was to come into force on November 2,1990. As a result of two new recent regulations, the balance of the Act, other than s . 15(3 ) is now in force as of De­ cember 21,1990. S.15(3), which is not in force, provides that where an inquiry into the conduct of a member at the request of another member has been referred to the Commissioner, neither the Legislative Assembly nor a committee of it may conduct an inquiry into the matter nor may any member raise the matter in the Assembly or in a committee. section 19 o f the A ct in fo r c e N ovem ber 2,1990, the b alan ce o f the A ct, o th e r than s.l5(3) in fo r c e D ecem ber 21,1990

A ttorney General Statutes Amendment Act (No.2) 1990, S.B.C., 1990, c.34, First Reading Bill Number 76, amends the a) Commercial Arbitration Act, S.B.C., 1986, c.3 as to s .ll by providing that when an ar­ bitrator is making an order for costs of an arbitration, he may include actual reason­ able legal fees and disbursements, including the arbitrator's fees, expert witness fees and hearing expenses, and he may refer the de­ termination as to the amount of costs to a Supreme Court Registrar, to be assessed in

the manner specified by the arbitrator, section 1 o f the A c t in fo r c e D ecem ber 27,1990

b) Offence Act, R.S.B.C., 1979, c.305, by add­ ing s.4.1, which provides that no person is liable to imprisonment in respect of an abso­ lute liability offence and by making a house­ keeping amendment to s.71.1(8), and section s 10 an d 11 o f the A ct in fo r c e D ecem ber 27,1990'

c) Small Claims Act, S.B.C., 1989, c.38, by amending s.3(l) to increase the limit of the monetary jurisdiction of the Provincial Court from $5,000.00 to $10,000.00 section 13 o f the A ct in fo r c e February 25,1991

H ealth P rofessions Amendment Act, 1989, S.B.C., 1989, c.29 amends the Podiatrists Act, R.S.B.C. 1979, c.330 a) as to s.l, adding definitions of "permit", "podiatric corporation" and "podiatrist", and b) by adding s.7.1 to 7.8, allowing the provi­ sion of podiatric services by a podiatric cor­ poration, subject to requirements as to own­ ership and control of the corporation and holding a valid permit issued by the Board of Examiners in Podiatry. Responsibilities of podiatrists are not affected by the pres­ ence of the corporate entity. section s 17 an d 18 o f the A ct in fo r c e D ecem ber 27,1990

M iscellaneous Statutes Amendment A ct (No.2), 1990, S.B.C. 1990, c.58, First Reading Bill Number 67, amends the Motor Vehicle Act, R.S.B.C. 1979, c.288 as to a) s.76, by repealing the provision in s.(l .2) whereby an owner of a motor vehicle held liable for an offence may be subject to im­ prisonment, and by providing that an owner cannot be held liable where the driver has been convicted of the same or an included offence in respect of s.23(l), driving without a valid drivers' licence, s.88, driving while prohibited by a superintendent or peace offi­ cer, s.94, driving while prohibited by court order or operation of law, s.220.1 driving with more than 80 mg. of alcohol in the blood or s.220.3, refusing to give a blood sample, and b) s.216, by adding s.(3) and (4) prohibiting an owner from permitting his motor vehicle or trailer to be driven unless it is equipped in compliance with the Act and regulations. section s 15 and 16 o f the A ct in fo r c e D ecem ber 27,1990

7

Legislative Update (continued) Seventh-day A dventist Church (British Columbia Conference) Act, S.B.C. 1990, c.75, First Reading Bill Number Pr 403, provides for the incorpora­ tion without share capital of the Seventh-day Adventist Church (British Columbia Conference) and its amalgamation with the British Columbia Corporation of the Seventh-day Adventist Church, formerly incorporated under the Society Act, to form the Seventh-day Adventist Church (British Columbia Conference). The Act sets out the objects and powers of the Conference, its le­ gal capacity and administration. in fo r c e Jan u ary 1,1991

Sm all Claim s Act, S.B.C., 1989, c.38, repeals the Small Claim Act, R.S.B.C., 1979, c.387 and pro­ vides that the Provincial Court has jurisdiction in a claim for debt or damages, recovery of personal property, specific performance of an agreement relating to personal property or services or relief from opposing claims to personal property where the amount claimed is $10,000.00 or less (see Attorney General Statutes Amendment Act (No.2), 1990, above). The Act provides that the procedure for making or defending a claim or en­ forcing an order is in the rules, and provides for the procedure for appeals to the Supreme Court.

The Act also contains provisions as to evidence and costs and contains consequential amend­ ments to several acts. section s 1 to 39 o f the Act, ex cep t p arag rap h (a) o f the d efin ition o f "registrar" in section 1 o f th e C ou rt O rder E n forcem en t A ct a s en acted by section 23, in fo rc e February 25, 1991

Regulations To Note Environment M anagem ent Act, B.C. Reg. 177/88, the British Columbia Research Corporation Regu­ lation and B.C. Reg. 300/88, the British Columbia Research Corporation Fees Regulation, are re­ scinded. B.C. Reg. 301/90, the Environmental Data Quality Assurance Regulation is made pro­ viding for the monitoring and auditing of envi­ ronmental monitoring data required to be sub­ mitted to the government. section 2(a) effec tiv e Jan u ary 1,1991, the regulation o th er than section 2(a) effec tiv e A ugust 31,1990

Court Rules Act, a) B.C. Reg. 141/79, the Family Relations Act Rules and Regulations are amended by add­ ing s.6.1 providing for disclosure of financial information by parties to maintenance and support applications and the confidentiality requirement relating thereto. effec tiv e Sep tem ber 1,1990

b) Court Rules Act, B.C. Reg. 221/90, the Supreme Court Rules are amended as to i) Rule 31(7), relating to the form of notice requesting an agreed statement of facts, amending the form references from Form 21 to Form 23, ii) Rule 31(9), relating to commencement of the application of sub-rules 31(7) and (8), so that these provisions relating to agreed statements of facts do not apply to a trial scheduled to begin before February 1,1991, unless the trial is adjourned beyond that date, iii) Rule 39(35), relating to commencement of the application of sub-rules 39(15) to (18), so that these provisions relating to case management programs do not apply to pro­ ceedings for which a certificate of readiness has been filed before September 1,1990, iv) Rule 39(36), relating to commencement Of the application of sub-rules 39(19 to 23), _so that these provisions relating to trial cer­ tificates do not apply to a trial scheduled to begin before February 1,1991, unless the trial is adjourned beyond that date, v) Rule 57(45) so that it reads in part as fol­ lows: " . . . but, for assessments that take place after September 1,1990 and before March 1,1991, the maximum amount that is allowable, exclusive of expenses and dis­ bursements, in any proceeding where an or­ der is entered upon a settlement after plead­ ings are closed or where judgement is ob­ tained after trial or hearing, is (a) 10,000, or (b) where the amount that would have been allowed under the former Appendix B be­ fore September 1,1990 would have been greater, that greater amount", vi) Appendix A, Form 37, the form of trial certificate, by deleting the requirement to state that the party has delivered all expert witness reports, vii) Appendix A, Form 89, the form of Prop­ erty and Financial Statement required under Rule 60A (Family Relations Act and Divorce Proceedings - Disclosure) by deleting refer­ ences to "Cleaning lady" and "Grass Cut­ ting" and substituting "Cleaning expenses" and "Gardening", viii) Appendix B, by changing the heading "Ordinary Costs" to "Party and Party Costs". effectiv e O ctober 15,1990

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Legislative Update (continued) Credit Union Incorporation Act, the following regulations are made; a) B.C. Reg. 308/90, the Credit Union Direc­ tors Election Regulation, providing for the method of electing directors of a credit un­ ion, b) B.C. Reg. 309/90, the Credit Union Dis­ closure Statement Exemptions Regulation, providing for types of equity shares and other securities which may be issued by a credit union without the filing of a disclo­ sure statement with the Superintendent of Financial Institutions, and c) B.C. Reg. 310/90, the Credit Union Extra­ provincial Business of Subsidiaries Regula­ tion, providing for the types of businesses that subsidiaries of credit unions may carry on outside the province. effectiv e Sep tem ber 15,1990

Financial Institutions Act, the following regula­ tions are made: a) B.C. Reg. 314/90, the Audit and Audit Committee Regulation, providing for the qualifications of an auditor of a financial in­ stitution and duties of an audit committee in addition to those set out in the Financial In­ stitutions Act, b) B.C. Reg. 315/90, the Capital Require­ ments Regulation, setting out the parame­ ters for calculating the capital base and relat­ ing to adequate capitalization of financial in­ stitutions, c) B.C. Reg. 317/90, the Credit Union De­ posit Guarantee Regulation, setting out methods for calculating the amount of a de­ posit which is subject to the $100,000 limit set out in the Financial Institutions Act and repealing B.C. Reg. 253/88, d) B.C. Reg. 322/90, the Inactive Deposit Regulation, setting out the rate of interest payable and period of time during which records must be kept relating to inactive ac­ counts referred to in s.85 of the Financial In­ stitutions Act, e) B.C. Reg. 324/90, the Insurance Company Reinsurance Limitation Regulation, setting out limits for percentages of risks which may be reinsured by an insurance company, f) B.C. Reg. 325/90, the Insurance Company Reserves Valuation Regulation setting out requirements for the establishment of re­ serves for obligations of insurance compa­ nies,

g) B.C. Reg. 327/90, the Insurance Contracts (Life Insurance Replacement) Regulation, setting out the situations in which an in­ ducement to replace a life insurance policy may be made, and the duties of agents and insurers toward persons with life insurance policies, h) B.C. Reg. 329/90, the Insurance Licensing Regulation, setting out qualifications for agents' and adjusters' licenses and restric­ tions and conditions on licenses, i) B.C. Reg. 332/90, the Liquidity Require­ ment Regulation setting out types of liquid assets and liquidity requirements for deposit taking trust companies and credit unions, and j) B.C. Reg. 335/90, the Shared Premises Regulation requiring that trust companies and credit unions be located in premises that are separate from the offices of an in­ surance agent. effectiv e Septem ber 15,1990

Insurance Act, B.C. Reg. 337/90, is made repeal­ ing B.C. Reg. 282/59 relating to classes of insur­ ance and Reg. 412/74 relating to the definition of "automobile insurance" and providing a defini­ tion for various classes of insurance. effec tiv e Septem ber 15,1990

M anufactured H ome Act, B.C. Reg. 51/78, the Mobile Home Regulation, is amended, changing references from "mobile home" to "manufac­ tured home" and prescribing the forms required to register, relocate and transfer a manufactured home. effectiv e O ctober 1,1990

P ersonal Property Security Act, B.C, Reg. 279/90, the Personal Property Security Regulation is amended defining "mobile home" to have the same meaning as "manufactured home" under the Manufactured Home Act and providing forms for the registration of financial statements in re­ spect of mobile homes. effectiv e O ctober 1,1990

M ental H ealth Act, B.C. Reg. 145/84 is amended by adding a requirement that a minor who is de­ tained after a voluntary admission be advised of the reasons for detention, the right to retain counsel, the right to habeas corpus and the right to a hearing and providing a form for the medi­ cal report to be prepared in respect to such a mi­ nor. effectiv e O ctober 15,1990

9

Legislative Update (continued) R esidential Tenancy Act, B.C. Reg. 26/81, the Residential Tenancy Regulation is amended a) as to s.6, so that the maximum prescribed amount for reimbursement of moving ex­ penses of a tenant of a mobile home pad un­ der s.23(2) of the Act is 15 months rent, un­ der s.29(8) of the Act is 6 months rent and under s.31(3) of the Act is 6 months rent. e ffectiv e O ctober 15,1990

b) as to s.12, providing for a search at the Personal Property Registry and notice to in­ terested parties of a potential sale by the landlord of a tenant's personal property. effec tiv e O ctober 1,1990

Community Care F acility Act, B.C. Reg. 319/89, the Child Care Regulation is amended as to s.4 by increasing the obligations of a licensee to en­ sure that all persons employed or regularly at­ tending at a child care facility are and continue to be of good character. effectiv e N ov em ber 1,1990

L a n d T itle A ct, B.C. Reg 334/79, the Land Title Act Regulation is amended as to s.2, amending the fees payable for services provided by the

Land Title Office. effectiv e D ecem ber 15,1990

Offence Act, B.C. Reg. 272/86, the Ticket Infor­ mation Fines Regulation is repealed, and B.C. Reg. 434/90, the Violation Ticket Fines Regula­ tion is made amending the provisions relating to prescribed fines payable under the Offence Act for contravention of the provisions of the following enactments set out therein: Angling Regulation, Commercial River Rafting Safety Act and Regula­ tion, Commercial Transport Act and Regulations, Coquihalla Highway Construction Acceleration Act, Firearm Act, Fish Inspection Act and Regulation, Fisheries Act, Shellfish Regulation, Motor Vehicle Act, Forest Service Road, Right of Way and Rec­ reation Trail Regulation, Log Salvage Regulation, Highway Act, Liquor Control and Licensing Act, Lit­ ter Act, Livestock Protection Act, Motor Carrier Act and Regulations, Motor Fuel Tax Act, and all Regulations, Motor Vehicle Act and Regulations, Motor Vehicle (All Terrain) Act, Park and Recrea­ tion Area Regulation, Pesticide Control A ct, Tran­ sit Conduct and Safety Regulation, Transport of Dangerous Goods Act and all Regulations, Trespass Act, Waste Management Act, Water Act and Wild­ life Act and all Regulations. effectiv e N ovem ber 5,1990

A note to those with receivership practices John Nunez, policy analyst, Ministry of Finance and Corpo­ rate Relations, has requested that we bring to your attention s.73 of the Personal Property Se­ curity Act, 1990, which came into force on October I] 1990.

That section adds a new s.63 to the Law and Equity Act, R.S.B.C. 1979, c.244 as follows: "63(1) In the provisions adopted under subsection (2) "receiver" includes "receivermanager".

(2) Sections 64, 65, 66(1) and (3), 68(2) and 69(2) and (3) of the Personal Property Security Act are adopted for the pur­ poses of a receivership of prop­ erty to which the Personal Prop­ erty Security Act does not apply.

(3) The powers referred to in provisions adopted under sub­ section (2) are in addition to

any other powers a court may exercise in its jurisdiction over receivers."

Sections 64, 65, 66(1) and (3), 68(2) and 69(2) and (3) of the Personal Property Security Act are provisions relating to the appointment and duties of a re­ ceiver appointed pursuant to a security agreement, relating to personal property.The intention of the new section of the Law and Equity Act was to extend these provisions to the situation where a receiver is appointed pursuant to an in­ strument charging land. It ap­ pears however that where a re­ ceiver has been appointed other than by way of an instrument, the result of the new provision may be that land would be dealt with in accordance with the statutory provisions, but

personal property, because it does not fall under the PPSA provisions relating to the ap­ pointment of a receiver under a security agreement, would be dealt with only in accordance with the common law.

Those who practice in the re­ ceivership area should read these provisions carefully.

Notice from the Public Trustee The office of the Public Trustee wishes to notify members of the legal profession that effective January 1,1991 all fees charged by the office for its services, as set out in the Public Trustee Act, R.S.B.C. 1979 c.348 and the regulations thereto will be subject to the 7 per cent Goods and Services Tax (GST). The tax is due and payable when re­ mitting the fees.

10

Queen's Counsel appointments announced Congratulations to those named to Queen's Counsel on Decem­ ber 29,1990. ♦ G. Leigh Harrison (Trail) ♦ Neil Meighen Robertson (Cranbrook) ♦ Wayne E. Stilling (Surrey) ♦ David H. Pihl (Kelowna) ♦ Hugh Basil Heath (Nanaimo) ♦ Bruno Jerry Pettenuzzo (New Westminster)

♦ William H. Mulholland (Richmond) ♦ William Musallem Trotter (Courtenay) Victoria ♦ William Alexander Pearce ♦ Dirk Ryneveld ♦ Ralston Stewart Alexander

Pilot project provides toll-free service As a result of the recent Su­ preme Court of Canada deci­ sion in R. v. Brydges, 74 C.R. (3rd) 129, S.C.C., Legal Services was asked by the Attorney Gen­ eral to provide a service to re­ spond to immediate, short term advice calls made by recently arrested persons.

Because the need was immedi­ ate, police detachments were provided a list of lawyers who had taken legal aid criminal re­ ferrals the previous year. Law­ yers on this list were difficult to locate after hours and when lo­ cated, sometimes were reluc­ tant to take such calls. Lower Mainland lawyers were often called upon, when available, to field such calls.

In order to improve availability, a pilot project began operation on January 12,1991. The serv-

ice now provides options for persons arrested and detained to call any lawyer they want, or one from the Brydges list. If they are arrested after business hours, they can call the new toll-free number. Counsel have been contracted by Legal Serv­ ices to respond to such calls and are on duty from 5:00 p.m. to 9:00 a.m., Monday through Friday, and 24 hours on week­ ends and holidays.

Concerns continue to be ex­ pressed on the accused's ability to access counsel from the list.

Lawyers who are interested in taking daytime calls are needed in areas particularly outside of Vancouver. All lawyers inter­ ested are asked to contact Geor­ gia Williams, staff counsel, Le­ gal Services Society, 660-4600. submitted by Legal Services Society

Hot off the press The GST - Client Transactions and Legal Advice is 602 pages of ad­ vanced GST course materials.

The material includes GST op­ eration in transactions fre­ quently encountered in daily practice including corporate re­ organizations, receiverships and real estate transactions.

Pitfalls of commercial transac-

tions as well as the impact of the GST on damage awards and distributions from estates are also examined. Order these materials directly from the Na­ tional CBA, 50 O'Conner Street, Ottawa, Ont. KIP 6L2 for the prepaid cost of $135 (+GST), Acct. No. 1282907,1282903, 1282911.

I

Vancouver ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦

Peter A. Manson Robert Duncan Ross Robert James Falconer Irvine Epstein Brenton D. Kenny Bruce Frederick Fraser Michael Paul Ragona Mitchell Harold Gropper Georges Albert Goyer Rodney K. Ward George C. Stevens Howard J. Kellough William Milner Everett Donald John Sorochan Richard Ross Sugden Susan Catherine M. Daniells 1 Christopher Edward Hinksor 1 Christopher Harvey George E. H. Cadman Leon Getz

Transcripts of Provincial Court Judges' decisions Provincial Court Chief Judge William J. Diebold has re­ sponded to the Kootenay Bar's concerns regarding transcripts.

Chief Judge Diebold wrote to the Kootenay Bar indicating that after meeting with the Administrative Judges and Associate Chief Judge, the following resolution was adopted: "Where transcripts are forwarded to judges prior to release, the transcripts will be faxed to the judge in question and if there is no response from the judge within four days, the transcript can be released as transcribed."

11

Entrenchment of parent's rights to information New requirements for releasing information about children ap­ prehended by the Social Serv­ ices and Housing Ministry were released in late October.

Minister Norman Jacobsen stated in a news release that the act strikes a balance between a parent's right to information and a child's right to protection.

"It has always been the minis­ try's policy to be as open and frank with parents as possible.

This change formalizes this practice."

The Family and Child Service Amendment Act introduced in the 1990 Spring Legislative ses­ sion will require that, upon ap­ prehending a child, the Super­ intendent of Family and Child Service will provide the child's parents with a copy of the Re­ port to Court before the initial court hearing, which must oc­ cur within seven days. After

Kamloops Bar ready for agency work Howard Pontious, president of the Kamloops Bar Association, would like to remind the pro­ fession that the Court of Appeal Registry is now fully estab­ lished in Kamloops.

Kamloops lawyers are available for agency work for Court of Appeal matters set in Kamloops. Many lawyers in Kamloops have considerable experience in the Court of Ap­ peal.

Appointment Brian Neal recently has been appointed Acting Chief Solici­ tor, Legal Services Branch. He has been Senior Solicitor of the Contracts Group since 1986.

the initial hearing, parents also may make a written request for the particulars.

Particulars would include the reasons for considering the child to be in need of protec­ tion, the order the Superinten­ dent is requesting under the Family and Child Service Act, and the reasons for requesting this order. The Superintendent is

not required to include particu­ lars that would affect the safety or well-being of the child or any other person, or to reveal the name of the person who made the report without the person's consent.

The act, which addresses rec­ ommendations of the Report of the Justice Reform Committee, came into effect Nov. 14,1990.

National CBA meets in Calgary Calgary will host the National Annual Meeting on August 18 to 22,1991. In the best tradition of CBA meetings, the plenary sessions will be provocative.

"Future Trends: Health Care in the 90s and Beyond" covers so­ cial policy and the inter-rela­ tionship between law and the health care system.

The second plenary asks law­ yers, "Law - is it a profession or business? Is it worth your life?"

This year's annual meeting of Canadian Corporate Counsel (Aug. 19-20) will be integrated into the program, allowing CBA members to compare notes with in-house counsel from major corporations.

A pre-meeting program organ­ ized by the National CLE Com­ mittee will feature a choice of two full day sessions, one by the Insolvency Section and one by the Civil Litigation Section.

The Young Lawyers Lunch on Aug. 19 is a chance to hear up­ coming President J.J. Camp's plans for the year ahead.

The substantive program begins on Monday, Aug. 19 and con­ tinues through to Wednesday, Aug. 21. The following CBA Sections will present programs: Health Law; General Practitio­ ners Conference; Family law; Media and Communications Law; Insurance Law; Wills and Trusts; Civil Liberties; Native Justice; Environmental Law; In­ ternational Law; Construction Law; Real Property; Business Law; Taxation and Municipal Law. Again this year, National Trust has agreed to be patron sponsor of the Annual Meeting.

Further details regarding the meeting will be sent to mem­ bers in April.

Chilcotin Natives open law centre The Nenquay Deni Yajelhtig Law centre was officially opened on Feb. 1 by Attorney General Russell Fraser and Na­ tive Affairs Minister Jack Weisgerber.

Toosey and Ulkatcho Bands is part of the Chilcotin Justice Council's project for providing improved relations between the justice system and the Native community.

The centre, which offers legal services to members of the Al­ exandria, Alexis Creek, Anaham, Nemaiah, Stone,

Fraser noted that the centre will give Natives legal assistance to Please turn to page 12.

Office supplies program now better than ever! ______________________________________________ CBA members can now save even more on office supply pur­ chases.

Western Pacific Purchasing Ltd. who offer "LegalSave" to the profession, have discontinued the $100 membership fee

charged to law firms to partici­ pate in the program.

Call Gerry Nuttall at 461-1844 to register your law firm and take advantage of purchasing office supplies at substantial savings.

Law Week activities set for entire province The B.C. Branch Law Day Com­ mittee, co-chaired by Sandra Cun­ ningham and Colin Sweeney, are gearing up for Law Week activi­ ties in April.

The two major Vancouver Law Day open houses will take place on successive weekends with the Provincial Court at 222 Main open on April 14 and the Vancouver Law Courts open on April 21. Presenta­ tions, displays, mock trials and tours are planned.

Around the prov­ ince, Law Week B w J l L planning commit0 3 V tees are organizing * similar activities in Victoria, Williams Lake, Nelson, Kamloops, Langley, New Westminster, Courtenay, Duncan, Kelowna, Prince George and Vernon.

The CBA welcomes new com­ mittees organizing activities in Penticton, Merritt and Clinton.

The Branch prepared a "Law Week Handbook" which was distrib­ uted to local organizing commit­ tees in the fall. Thehandbookhas

become a useful resource in plan­ ning and publicizing Law Week activities.

His Honour Judge C. Barnett and Sandra Hawkins of Williams Lake are preparing a mock trial based on a current case that will be argued soon in the Supreme Court of Canada. Last year, these en­ thusiastic Law Week organizers produced the mock trial R. v. Lavallee. The students reached the same conclusion as the Supreme Court of Canada in acTOt 1r n P P quitting her of J , murder charges before the actual judge­ ment came down.

du Droit ^ays

Williams Lake students became so involved in the case that they wrote to Ms. Lavallee about their mock trial experience and she kindly replied to every letter.

The next issue of BarTalk will feature Law Week activities. Local organizers also will be publiciz­ ing events in areas outside the Lower Mainland.

Law Centre opens (Continued from page 11) help with filling out govern­ ment forms through to educa­ tion about the justice system.

The centre's programs intend to help make the entire justice sys­ tem more relevant to Native people.

The centre will employ one law­ yer, a legal assistant and a cleri­

cal support person. In addition to legal assistance with family and civil law, staff will work with the community on training more Native people for jury duty and on research into the traditional justice system, as well as looking at alternative sentencing and diversion pro­ grams.

Dates to Note For further information, contact the B.C. Branch unless other­ wise noted February 21-26,1991 National Mid-Winter Meeting Regina, Sask.

March 14,1991 B.C. Branch, CBA Provincial Council Meeting Westin Bayshore, Vancouver March 14-17,1991 Winter Convention '91 Westin Bayshore, Vancouver April 14,1991 Law Day Provincial Court, 222 Main Vancouver April 21,1991 Law Day Vancouver Law Courts June 21,1991 B.C. Branch Annual Meeting/ Provincial Council Meeting Robson Square Conference Centre, Vancouver

Notice: meeting change of date Elijah Harper 's address to the Constitutional Law Section has been changed from Feb. 13, 1991 to Monday, March 4,1991.

The meeting will be held at the Law Courts Inn, 800 Smithe Street. Send your cheque for $10 directly to Varty & Co., 304 - 700 West Pender St., Vancou­ ver V6C 1G8.

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, 504-1148 Hornby Street, Vancouver, B.C. V6Z 2C3 Telephone: (604) 687-3404 FAX: 669-9601 Copyright the British Colum­ bia Branch of the Canadian Bar Association — 1991.