BarTalk I June 1991

Bar TAl k MEWSLETTER DFTHE pANAJilAftBAR

*C . BRANCH

VOLUME 3 NUMBER 4

IHIGHLIGHTS

BC Branch Past Presidents meet and reflect on Bar's past and future

iLEGISLATIVE UPDATEI5

At the recent Past Presidents no-host dinner, each person attending was given the opportunity to speak on a subject of his/her choice. Topics included changes in practice, where the Bar is going, and humorous nostalgic moments.

In attendance were: (Back row-left) Richard Vogel, Q.C. 1973/74; Alf Eddy,

PRO BONO \REQUEST/8 MEMBER SERVICES/10

former Executive Director B.C. Branch; W.P. Lightbody, Q.C., 1979/80; Alec Robertson, Q.C., 1985/86; L.M. Little, Q.C., 1984/85; J.J. Camp, Q.C., 1983/ 84; Terry La Liberte, President, 1990/ 91; Robert Smethurst, Q.C., Branch Executive Director; W.M. Leckie, 1982/ 83; Hon. Mr. Justice Charles Locke,

Q.C., 1968/69; PaulFraser, Q.C., 1976/ 77. (Front from left) Peter Manson, Q.C., 1974/75; Barbara Nelson, Q.C., 1986/87; M.F.M. Hermann, 1978/79; Bryan Williams, Q.C., 1977/78; Marlene Scott, Q.C., 1980/81; Russell Lusk, Q.C., 1989/90; James Vilvang, 1988/89; E.F. Horsey, Q.C., 1981/82

Legal aid job action withdrawn; Bill C-89 dies, reports President On June 6, the Legal Aid Action Committee announced an end to the withdrawal of services to legal aid cases.

Through the efforts of the At­ torney General in providing CALGARY AGM/12 additional funds in a time of fis­ cal restraint and a significant one-time contribution from the Law Foundation of B.C., the settlement increased payment for legal aid cases to about onehalf the rate generally paid by private clients. Both the Law Foundation and the govern­ ment will contribute an addi­ tional $6 million each to legal aid funding.

While this falls short of the 1984 Legal Aid Task Force and the 1988 Justice Reform Committee recommendations which gave a target of 75 per cent of market rates for legal aid work, it pro­ vides a 100 per cent increase to the criminal, family, immigra­ tion and duty counsel rates.

The Branch's Joint Legal Aid Liaison Committee, co-chaired by myself and Law Society Deputy Treasurer Peter Leask, met on several occasions with the Attorney General and his representatives. I am confident that this Committee's on-going

dialogue with the government provided a unified and coordi­ nated appeal to increase legal aid funding.

Further work by this joint com­ mittee will continue to ensure that on-going commitments to legal aid funding closes the gap between the task force reports and the current tariff levels.

If payment for legal aid falls too short of market rates, the fun­ damental principal of access to justice is compromised by in­ adequate representation.

Please turn to page 9

Huberman appointed Oxford fellow leader," he added. "Our pro­ grams have been studied by other CLE organizations throughout Canada, the United States, Australia and New Zeal­ and. Our PLTC program has been used as the basis for new skills programs in Quebec, On­ tario, the Maritimes, several U.S. states, New Zealand and Hong Kong."

Jack J. Huberman, Q.C., Execu­ tive Director of the Continuing Legal Education Society of B.C., has been appointed a Visiting Kellogg Fellow at the Univer­ sity of Oxford for the 1991/92 academic year. Huberman and his family will live in England from this September through June of next year.

Appointment of Kellogg Fel­ lows is by the invitation of the University of Oxford Depart­ ment for Continuing Education.

Huberman's nomination was made by Professor Ronald Cervero of the University of Georgia who is one of the lead­ ing authorities in the field of continuing professional educa­ tion.

Oxford's description of the fel­ lowship program notes that fel­ lows are "outstanding persons, distinguished by achievement, commitment or promise in the field of continuing professional education and are drawn from academic institutions in the UK or overseas or from other pro­ fessions and spheres in life."

"These appointments are usu­ ally awarded to academic per­ sons, so I am extremely honoured that they have chosen a practitioner for this fellow­ ship," said Huberman. "It also recognizes the fact that British Columbia's continuing legal education program is a world

While in Oxford, Huberman will be a member of the Depart­ ment for Continuing Education, contributing generally to the work of the department. He will also work with the Univer­ sity of Oxford's Law Faculty to assist in developing a continu­ ing legal education program.

While in England, Huberman will also work with the College of Law to develop their new Legal Television Network. In a joint venture with the BBC, the College of Law expects to offer televised CLE courses through­ out the United Kingdom four nights a week in the near fu­ ture.

"They are looking to our experi­ ence in audioconferendng and distance education program­ ming," said Huberman. "I hope to come back with some first­ hand experience that can be put to use by us to improve our programming to lawyers out­ side the Lower Mainland."

In confirming the appointment of the Fellowship, Dr. Geoffrey Thomas, head of the depart­ ment, commented: "We would hope to take advantage of your great experience in developing Continuing Legal Education in British Columbia to help us at Oxford with our own plans.

We look forward greatly to your advice and participation in our plans to develop continuing legal education in Oxford."

Patch named to Human Rights Council Tom W. Patch has been ap­ pointed a member of the B.C. Council of Human Rights by Labour and Consumer Affairs I Minister James Rabbitt.

"Mr. Patch brings considerable experience and knowledge of the law, mediation, and human rights to the Council. He was previously with the firm of Russell and DuMoulin, where his practice included constitu­ tional, administrative and hu­ man rights law. He has also served with the Canadian Hu­ man Rights Commission, the Office of the Rentalsman, and the B.C. Coalition of the Dis­ abled," stated Rabbitt in a re­ cent media release.

Covell appointed to Industrial Relations Council Richard D. Covell has been ap­ pointed to a three-year term as vice-chairman of the Industrial Relations Council by Labour and Consumer Affairs Minster James Rabbitt.

Rabbitt said in a recent media release: "Mr. Covell has con­ siderable experience in labour law and civil litigation. He was sole practitioner in a legal prac­ tice in the Vancouver area and represented a variety of trade unions during that time. His background in dispute resolu­ tion and arbitration will prove to be an invaluable resource to the Industrial Relations Coun­ cil.

S ection Ialk Shelley Bentley

Alcohol problems and depression among lawyers A study conducted by the Washington State Bar Associa­ tion contained a number of alarming findings.

The research suggested that one third of the Bar Association's membership was impaired by alcohol or depression. By con­ trast the norms for alcoholism and depression in the general population run between 3 to 9 per cent. More specifically, 18 per cent of the lawyers in the study were identified as prob­ lem drinkers, and 25 per cent of lawyers with over 20 years ex­ perience fell into this category.

In addition, lawyers top the list in the general population of people who are depressed.

In an address to the Vancouver Criminal Justice Subsection, Linda Corbin (M.S.W.) of Inter­ lock, identified a number of possible causes. At the top of the list, lawyers tend to work long hours and often lack bal­ ance in their lives. Some have no form of relaxation other than winding down with a drink.

The fact that lawyers are often unable to share their problems with people close to them con­ tributes additional pressures.

Skills that make a good lawyer do not necessarily translate into interpersonal skills, further­ more, the practice of law raises conflicts between the responsi­ bility of a lawyer to the Court, to the client, and to his or her own beliefs. Still more strain is added by the unrealistic expec­ tations of clients and by the in­ herent pressures of the adver­ sarial process. Someone has to lose and losing hurts.

Finally, there is the difficulty that lawyers face trying to bal­ ance their skills as an advocate with their skills in business and to live with the uncertain in­ come resulting from the failure to balance these two skills prop­ erly.

Ms. Corbin urged B.C. lawyers to take advantage of the assis­ tance program offered by Inter­ lock for members of the B.C. Bar. The Interlock assistance program provides free, totally confidential, and quick access to professional counsellors as well as a range of other services including stress management workshops. A 24-hour Inter­ lock hotline is available.

Amendments to noceeds of crime egislation raise potential criminal and civil liability for lawyers

f

Recent amendments to a num­ ber of federal statutes, com­ monly referred to as the "pro­ ceeds of crime legislation," raise potential civil and criminal lia­ bility for lawyers as well as dis­ ciplinary concerns by the Law Skxiety.

Jerry Ziskrout, acting Deputy Secretary of the Law Society of B.C., warned Vancouver Real Estate Section members how

problems resulting from the legislation could arise in their field of practice.

To begin, restraint orders might not be registered against the title to property in question, but they may bring into question the ownership of the land and amount to an injunction prohib­ iting anyone from dealing with the property.

Mortgagees may have to apply to court for variation of a re­ straint order, before being able to deal in any way with the mortgage. Restraint orders may be made against lawyer's trust accounts, and may pre­ vent lawyers from fulfilling undertakings on a timely basis.

A member who learns that funds held in trust are the pro­ ceeds of crime should retain counsel, release funds only by court order, maintain confiden­ tiality, and, if necessary, contact the Law Society for advice.

Undertakings should be made conditional or self-determining so that, if the member leams that the funds or property in question are the proceeds of crime, non-performance will not constitute a breach of the solicitor's undertaking.

In the event that a lawyer ever has a problem with respect to the proceeds of crime legisla­ tion, Ziskrout strongly recom­ mended contacting members of the Proceeds of Crimes Advi­ sory Committee. The members of this committee are set forth in the Bencher's Bulletin. Mr. Ziskrout ended his discussion by noting that he considered the August 1990 Bencher's Bulle­ tin compulsory reading on the subject.

(Please turn to page 4)

SectionTalk (continued) Possible consequences of fraudulent conveyances and preferences Acting Deputy Secretary of the Law Society of B.C., Jerry Ziskrout, reminded members of the Vancouver Real Estate Sec­ tion of the possibly severe con­ sequences for lawyers who may unwittingly become associated with fraudulent conveyances and preferences.

Both the Criminal Code of Can­ ada and the B.C. Fraudulent Conveyances Act deal with the subject.

Section 22 of the Criminal Code defines who is a party to a fraudulent conveyance. It is clear that you do not have to have been an active party to the offence to be liable for prosecu­ tion. If you counsel your client to commit a fraudulent convey­ ance, you would clearly be a party to the offence. If you pa­ per the fraudulent conveyance with full knowledge of the transaction or arguably, if you were willfully blind to the fraudulent conveyance, you may be liable for prosecution.

The Fraudulent Conveyances Act restricts conveyances or prefer­ ences designed to defeat the interest of creditors and others.

The words "and others" mean that it is not necessary for there to be creditors existing at the time of the conveyance for there to be a fraudulent conveyance.

If, whenever clients are about to enter into a "risky business" and out of a concern that credi­ tors will develop, they convey property to a third party, ar­ guably a fraudulent conveyance has been committed. The case authority cited for this proposi­ tion include: McGuire v. Ottawa Wine Vaults Ltd. (1913), 48

S.C.R. 44, Dancey v. Brown, (1914), 31 O.L.R. 52, D.L.R. 862 (Ont. C.A.) and Mackay v.

Douglas (1872), L.R. 14 Eq. 106.

Ziskrout also referred members to Dunlop on Creditors-Debtors Law in Canada at pages 528 to 533.

Trend in courts to order interim joint custody even when parties are opposed Panelists Master Pamela Kirkpatrick of the B.C. Supreme Court, James Schuman, Fred Lowther and psychologist Dr. Allen Posthuma told a recent meeting of the Vancouver Fam­ ily Law Section that there now appears to be a trend in our courts to order joint custody on a interim basis even where the parties do not support such an order.

The Masters of the Supreme Court of B.C. were recently polled regarding their position on interim applications for cus­ tody. Only one Master has stated that joint custody orders should be the norm. Master Kirkpatrick noted that in most cases the material filed does not support a joint custody order because abuse is alleged and the absence of cooperation is clear.

The difficult cases are those in which some history of coopera­ tion is apparent, but an incident is alleged which looks like it could be a red herring to defeat joint custody. In general, Mas­ ter Kirkpatrick added, where there is a history of cooperation between the parents, on interim applications it is thought better to award joint custody because it preserves the relative posi­ tions of the parties pending trial.

Whenever there is evidence th the father wants to be involvec with the children, even if he he not been the primary caregiver a joint custody order is very appealing. One major difficult which thwarts this new trend i the inadequacy of the affidavit material filed. The Court often suggests conciliation first and then a return to Court.

Schuman noted that this "opti­ mist approach" or interim orde poses concern that a joint cus­ tody interim order creates a trial issue that might not other­ wise be there.

Dr. Posthuma added that there! is no psychological research which would support the no­ tion that joint custody is better I for the children. However, there is recent research on the I effects of divorce which indi- ) cates that disagreement be­ tween the parents does not hurt 1 the children so seriously as fa- I ther absence.

This suggests that if joint cus­ tody orders will keep the father I involved it will be in the child's I interest. He added that there is I a clear shift in the U.S. towards |1 joint custody. This shift exists despite the lack of research to support the view that it posi­ tively addresses either legal or psychological problems. Some I studies provide credence to the I view that cooperation cannot be I legislated. Dr. Posthuma cited author Phillis Cheslar who has advanced the view that joint custody can result in fathers and ex-husbands using the ar­ rangement to continue to ter­ rorize their ex-spouse and their I children in a dynamic that ex­ isted in the marriage.

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LBGISLAnVEUPIXrE 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.

Acts In Force Attorney General Statutes Amendment Act, 1990, S.B.C. 1990, c.33, amends the Jury Act, R.S.B.C. 1979, c.210 to allow blind and deaf persons to act as jurors with the assistance of an interpretive aid. section s 6 an d 7 o f the A ct in fo r c e M ay 24,1991

Parole Act, S.B.C. 1989, c.76, as amended by Solici­ tor General Statutes Amendment Act, 1990, S.B.C. 1990, c.71, s.13 and 14, continues the Board of Pa­ role of the Province of British Columbia and pro­ vides that the board may grant parole to an in­ mate detained pursuant to a conviction for an of­ fence against a provincial enactment in certain circumstances. The Act provides for suspension, revocation or termination of parole where a pa­ rolee has violated or is likely to violate a term of parole. Concurrent and consecutive sentences are deemed to be one sentence beginning on the day when the first sentence is effective and end­ ing on the expiry of the last of them. Decisions of the board are final except that a decision may be reconsidered by the board on application. Con­ sequential amendments to the Correction Act, R.S.B.C. 1979, c.70 are made, including repeal of sections 24 and 26 to 31 dealing with parole.

Parole Act a n d section s 13 an d 14 o f the Solicitor General Statutes Amendment Act, 1990 in fo r c e M ay 31,1991

Securities Amendment Act, 1990, S.B.C. 1990, c.25, amends the Securities Act, S.B.C. 1985, c.83, inter alia as follows: a) as to the definitions of "private issuer" (also defining "designated security"), "in­ sider", "private mutual fund" and "trade", b) by repealing s.26, which had allowed the commission or the superintendent to sus­ pend, cancel or restrict a registrant's regis­ tration, c) as to s.31(2) - exemption of trades,

Ann McLean

d) as to s.32 - exemption when trading in cer­ tain securities, e) as to s.38, requiring that a person who rep­ resents that he or she is registered must spec­ ify his or her category of registration, f) as to s.55(2) - exemptions from prospectus requirements, andg) by repealing s .101(5) which had required a reporting issuer to file a copy of its informa­ tion circular. th a t p ortion o f section 1(d) th a t en acts the definition o f "design ated security" an d section s 1(g), (h), (j) an d (q), 3 ,1 7 ,1 8 , 19(a), 20(a), (b) an d (f), 2 1 ,24(d), 2 6 ,30(a), (b), and (f), 3 5 ,3 9 ,43(a) and (d), 4 6 ,47(d) a n a 30(d) an d (h) o f the A ct in fo r c e Ju ly 1,1991.

Regulations To Note Criminal Code (Canada), B.C. Reg. 145/86, The Brit­ ish Columbia Court of Appeal Criminal Appeal Rules, 1986 are amended to accommodate some changes to the section numbers of the Criminal Code and as to other housekeeping matters. Sev­ eral of the Forms which are schedules to the Rules are amended and Form 1A, "Notice of Appeal or Application for Leave to Appeal" of a Summary Conviction (Code s.839(l)) is made. effectiv e A pril 22,1991

Note: The Judges of the Supreme Court passed Summary Conviction Appeal Rules and Criminal Rules on September 4,1990. Copies of these rules will soon be included with the Supreme Court Rules and Related Enactments looseleaf publica­ tion, available through B.C. Crown Publications.

Motor Vehicle Act, B.C. Reg. 26/58, the Motor Ve­ hicle Act Regulations are amended by adding the following subsection to section 7.07: "(6) No per­ son shall tow a motor vehicle if there is a person in or on the towed motor vehicle." effectiv e M ay 9,1991

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Legislative Update (continued) Family Relations Act, B.C. Reg. 158/91, the Form of Consent Regulation is made superseding B.C. Reg. 140/79, prescribing a new form of consent to the enforcement of a written agreement relat­ ing to custody, access or maintenance, as if the agreement were a court order. effec tiv e M ay 17,1991

Job Protection Act, B.C. Reg. 161/91, the Minimum Number of Employees Regulation is made setting out the minimum number of employees of a busi­ ness which qualifies for assistance from the com­ missioner, including consultation and mediation assistance, under s.8, being 50 individuals work­ ing in the Greater Vancouver Regional District and five individuals in another region or locality of the province. The business must be one which the commissioner considers to be of economic importance to the province or a region or locality in it. effec tiv e M ay 17,1991

Family Maintenance Enforcement Act, B.C. Reg. 346/88, the Family Maintenance Enforcement Act Regulation is amended as to s .13(2 ) by providing that a payment received under the Canada Pen­ sion Plan is subject to attachment on default of payment of a maintenance order. effec tiv e M ay 24,1991

Parole Act, B.C. Reg. 181/91, the Parole Act Regu­ lation is made setting out the following: a) subject to s.9 of the Parole Act, an inmate must serve 1/3 of his or her term of impris­ onment before being eligible for full parole, and b) subject to s.9 of the Parole Act, an inmate must serve 1/6 of his or her term of impris­ onment before being eligible for day parole.

But with several specified exceptions. The Regu­ lation sets out factors to be considered by the board in granting or refusing to grant parole.

The Regulation also sets out that the limitation period for application for a review by the board of a previous decision is 30 days following the date the decision was made. e ffectiv e M ay 31,1991

Introductory Bills To Note Land Title Amendment Act, 1991, First Reading Bill Number 2, amends the Land Title Act as to: a) part 14, Division (5) "Mortgage" to clarify the manner of and information required for

completion of the prescribed form of mort­ gage; b) part 17, Division (6), formerly "General Documents" to be entitled "General Instru­ ments" setting out more specific requirements I for the form of instruments to be used for transactions other than transfers or mortgages 1 and providing that the general instrument may be used for release of a charge. fir s t reading M ay 13,1991 J

Property Purchase Tax Amendment Act, 1991, First Reading Bill Number 4, amends the Property Pur­ chase Tax Act, S.B.C.. 1987, c.15 inter alia as fol­ lows: a) as to s.l and 3, so that where land which is the subject of a trust is being transferred, the amount of the tax payable will be calculated without taking into account the presence of the trust, with retroactive effect to April 29, 1991, b) as to s.3.1, limiting the amount of financing taken into account in calculating the principal residence tax credit to the portion used to purchase the principal residence, and provid­ ing for a refund if the transfer and financing are unavoidably not registered together at the land title office, retroactive to May 22,1991, c) as to s.5(l), amending the definition of "family farm corporation" retroactive to May 22,1991,1) to clarify that it may be owned by a single shareholder, d) as to s.5(l) and 5.1, amending the defini­ tion of "principal residence" by reducing the allowable area and restricting types of im­ provements, and providing a partial tax ex­ emption for properties which no longer fall within the definition of "principal residence", effective July 31,1991, and e) by adding s.5.2, providing an exemption for land subject to a conservation easement, retroactive to May 22,1991. fir s t reading M ay 21,1991

Miscellaneous Statutes Amendment Act, 1991, amends inter alia the following statutes: a) Family Maintenance Enforcement Act, S.B.C. 1988, c.3, clarifying the situations in which someone may be imprisoned for failing to make maintenance payments and requiring ( that a hearing be held before a debtor is im­ prisoned in certain cases, b) Personal Property Security Act, S.B.C. 1989, c.36, clarifying that consumer protection pro-

7

Legislative Update (continued) visions of the Act apply only where the debtor is an individual in some cases and only to consumer goods in other cases, and

b) when a vested employee changes employ­ ment, certain of his benefits remain to his credit or follow him,

c) Provincial Court Act, R.S.B.C. 1979, c.341 as to s.25(2), giving a justice jurisdiction to deal with matters preliminary to a hearing under the Family Maintenance Enforcement Act.

c) the plan remains solvent, and,

fir s t reading M ay 22,1991

Pension Benefits Standards Act, First Reading Bill Number 6, was first introduced for comment as Bill 44 in July 1990. It was amended and reintro­ duced as Bill 89 in March 1991 and died on the order paper when the session ended. The Bill was introduced in slightly amended form, but its main objectives have remained, that is to ensure that a) employees receive full information about their interests in the employee plan,

d) there is a proper distribution of assets on winding up of the plan.

The Bill provides for: a) vesting after five years of continuous service, changing to two years of plan mem­ bership on January m 1998, b) a minimum employer contribution of 50 per cent, and, c) minimum survivor benefits.

The Bill contemplates reciprocal registration and enforcement with other Canadian provinces hav­ ing similar legislation. fir s t reading M ay 24,1991

Building location certificates for mortgage purposes B.C. land surveyors are con­ cerned about the impact of a re­ cent judgment of the B.C. Court of Appeal in which the Court held that the defendants had not acted as land surveyors when they prepared a building location certificate for mortgage purposes.

The basis of the finding in the Corporation of Land Surveyors of the Province of British Columbia v. Infomap Services Incorporated & John R. Wannamaker (V100970, April 5,1990) was that since the defendants had not established parcel bounda­ ries for Land Title or other pub­ lic purposes, but were perform­ ing a private service for a mort­ gage lender, they had not acted as land surveyors and thus did not need to be members of the Corporation of Land Surveyors.

Mortgage lenders and munici­ pal authorities often request building location certificates, which contain plans showing the location of a structure on a parcel of land in relation to the parcel boundaries.

As a result of the judgment, it may be that people who are not members of the Corporation of Land Surveyors in British Co­ lumbia will be preparing build­ ing location certificates for mortgage purposes.

tion of Land Surveyors to pre­ pare a building location certifi­ cate, practitioners would be ad­ vised to discuss these issues with the applicable mortgage lender and borrower.

The expressed concerns of the Corporation of Land Surveyors are:

Probate fee increase notification

I persons who are not members of the Corporation will not be covered by professional liability insurance which is mandatory for members,

The Ministry of the Attorney General, Court Services Divi­ sion, has announced an increase in probate fees.

I it may be necessary in many cases to re-establish previously identified boundaries in older areas or areas of construction activity, I the Court of Appeal judgment is not applicable to the prepara­ tion of building location certifi­ cates for municipal purposes as these certificates become public records and are relied upon by public officials.

Before retaining a person who is not a member of the Corpora­

B.C. Reg. 221/90, the Supreme Court Rules, is amended in Appendix C, Schedule 1, Item 12 from $4.00 to $5.00.

The increase is effective July 1, 1991.

Pro bono work: Legal Services Society needs volunteer lawyers The legal aid tariff does not ex­ tend to civil cases. Despite the lack of funding for civil cases, the legal aid client group needs the access to the civil legal sys­ tem that only the private bar can provide.

The Legal Services Society (LSS) is funded to provide legal fees and disbursements in family, criminal, human rights and immigration matters. Many lawyers, particularly those who practice exclusively in civil law areas, do not realize that the le­ gal aid tariff does not extend to civil cases.

However, the Society is funded to pay disbursements for finan­ cially eligible clients with civil problems on the understanding that the Society will be reim­ bursed if damages are awarded to the client. There is also pro­ vision, through the mechanism of Benchers' Ruling G-8, for conversion of the Society's pro bono civil referral to a private fee arrangement.

Law firms all over the province are capable of taking pro bono civil legal aid cases and many of them do. In Vancouver, the LSS has organized a formal Vol­ unteer Lawyers Program, while other legal aid offices through­ out the province also receive applications for civil pro bono work. These offices tiy to place these cases with the private bar in their community. Lawyers in communities outside the Lower Mainland should contact their local legal aid office to offer their assistance with civil cases.

The cases requiring volunteer lawyer assistance include a va­ riety of torts problems, includ­ ing defense personal injury work, contracts, debtor prob­ lems with banks particularly and a variety of employment related matters, estates and real property problems. The LSS staff generally take on the ad­ ministrative law cases because

they require specialized knowl­ edge and skills. These are cases where claimants are dealing with pensions, social assistance, unemployment insurance and residential tenancy matters.

Indigent plaintiffs are referred to the Canadian Bar Association (B.C. Branch) Lawyer Referral Service as a way of finding a lawyer who might want to take their case on a contingency fee basis. If the lawyer wants the financial backing of the Society for disbursements, the local le­ gal aid office or the Volunteer Lawyer Program in Vancouver may, in some cases, create a pro bono referral to allow the indi­ gent plaintiff to pursue his/her case. The plaintiff would, of course, be expected to reim­ burse the Society for the dis­ bursements in the event of re­ covery.

Before a pro bono referral is made to the private bar, the So­ ciety makes every effort to en­ sure that the case has merit.

Because the LSS cannot place every case, they consider its ur­ gency and the impact of the case on the applicant's ability to feed, clothe and provide shelter for him or herself and family.

Many firms throughout the

province have made a substan­ tial pro bono contribution. In Vancouver, the Volunteer Law- I yer Program is specifically de­ signed to encourage pro bono ] work. The law firms of Davis and Co., Owen, Bird and Russell and DuMoulin are to be commended for the assistance that they have provided the Volunteer Lawyer Program and ‘ I the legal aid client group. Each j of these firms has designated a contact person who the LSS can I phone to place a case within their firm. Stanley Martin (Russell & DuMoulin), Malcolm j Maclean (Davis & Co.) and Gretchen Cleveland (Owen, Bird) have each been very help- I ful in working with the Volun­ teer Lawyer Program to find the most appropriate placement I for a variety of pro bono cases.

Their firms each have taken ap- I proximately ten cases a year.

I Many individual practitioners in small firms make a compa­ rable contribution. Notable ex­ amples include Cecil Ash, Tim Louis and Allan Bond. We hope many more firms, both large and small, will be able to contribute.

A lison S aw yer is the C oordin ator o f the Volunteer L a w y er Program an d can he reached fo r m ore in form ation b y calling 687-1831.

Government reports available

The Legislation and Law Reform Committee has received copies of the following reports from the British Columbia government and others. Information may be obtained from Ann McLean, the Branch's Legislation and Law Reform Officer, in Victoria (721-8157), | or from the applicable source.

Report Toward Freedom of Information and Protection of Privacy in British Columbia Legislative Task Force Discussion Paper

Source B.C. Freedom of Information and Privacy Association (Darrel Evans - 873-0868)

New Directions for Local Government Finance: The Next Steps

Ministry of Municipal Affairs, Recreation and Culture (Deidre Wilson 387-4056)

9

President's Report (continued from cover) BiU C-89 is dead!

At the national level, the CBA has made a resounding victory for all lawyers across Canada.

The controversial Bill C-89, the so-called "Money-Laundering" Bill, died on the Order Paper and was replaced with Bill C-9 which was given first reading on May 27.

The special edition of Ottawa Report provides you with com­ plete details.

What is most important in the Bill C-89 issue is that the CBA, on behalf of its members, would not let the Bill be "fast tracked" without making the concerns of the profession known to government.

As well, the CBA is adamant in being part of any developmen­ tal process in any bills which have an impact on the profes­ sion.

Through the vigorous lobbying of the CBA, we were heard and our concerns have been taken into account. The legislation has changed.

Elections to Provincial Council will have been completed by the time you receive this issue.

On behalf of the Branch, I sin­ cerely thank the following Pro­ vincial Council members who retire this year and wish those well who are seeking re-elec­ tion: Kenneth Christiansen, Murray Clemens, Ronald Cook, Sandra Cunningham, William Everett, Peter Fairey, Georges Goyer, Ravi Hira, James T. Horn, Eric Rice, Daniel Steinberg, Colin Sweeney, Richard Swift, Grant Taylor, John Waddell, Fraser Wilson, Kenneth Wyllie.

Terry La Liberte, President

Members serve the profession

Order your set of Winter Convention '91 papers

The following CBA (B.C. Branch) members have been appointed to committees or boards as Branch representa­ tives:

Purchase your set of fifteen Win­ ter Convention '91 papers by sending your prepaid request to the B.C. Branch office, 504 -1148 Hornby Street, Vancouver V6Z 2C3.

I Bruce Woolley (Stikeman, Elli­ ott) to the Continuing Legal Education Society board I Ian Clague (Legal Services So­ ciety) to the Law Courts Educa­ tion Society Multi-Culturalism Advisory Committee I Jeff Scouten (PLI Claims Man­ agement) to the Law Society of B.C. Professional Conduct Handbook Committee I Gregory Steele (McCarthy Tetrault) as chairperson of the B.C. Branch Legislation and Law Reform Committee

The complete set of papers, in­ cluding a special binder spon­ sored by National Trust, is avail­ able for $100 (+GST).

Subjects covered include Wills Practice: Tips, Tools and Techniques; Plain Language for Lawyers; and Real Estate and the GST. For a complete description of all the papers, call Ruth Fraser at 687-3404 who will send you a copy of the order form and flyer

by FAX.

Dates to Note

I Gordon Turriff (Douglas Symes & Brissenden) to the Le­ gally Trained and Lay Persons Committee

For further information, contact the B.C. Branch unless other­ wise noted.

I Harry Rankin (Rankin & Com­ pany) to the Legal Services So­ ciety‘Board (Mark McEwan & David Rice re-appointed)

August 10/11,1991 Kootenay Bar Summer Meet­ ing Christina Lake. Info: 423-4497

I Susan Daniels to the Judicial Council.

Who gets Ungava?

If Quebec leaves Canada, would it have the legal right to take Ungava? A new study by lawyer David Varty shows that follow­ ing independence Quebec would not have the legal right to retain two-thirds of its present territory.

Topics included in Varty7s study are the history of Ungava, the legal argument, the political con­ sequences, scenarios for the road ahead, principles for a successful federation and a new structure for Canada.

To obtain your copy of the study at $20 per copy (including GST), contact Mr. Varty at 684-5356.

August 18-21,1991 National CBA Annual Meeting Calgary, Alberta Info: 1-613-237-2925 September 21,1991 CBA (B.C. Branch) Provincial Council Meeting September 27 & 28,1991 Fraser Valley Bar Meeting Semiahmoo. Info: 530-4161 October 19,1991 Local and County Bar Presi­ dents Meeting Vancouver November 19,1991 Bench and Bar Dinner Law Courts Inn, Vancouver December 7,1991 CBA (B.C. Branch) Provincial Council Meeting Vancouver

10

fi m mm member services Courier service provides substantial savings Corporate Couriers Ltd. has received the endorsement of the Branch's Member Services Committee.

The enclosed flyer provides general details of Corporate Couriers' services. All firms, regardless of size, will receive the following value added items: / All members receive a 10 per cent discount on courier service; / Additional volume discounts from a minimum of 10 per cent to a maximum of 22 per cent based on monthly dollar volumes of same day service; / Computer generated billing which proides cost of delivery at "call in" time; daily, 2kly or monthly detail billing sub-totalled by client or account code; r a computer terminal provided for volume users for direct entry from your office; / Full service including Vancouver, national and interna­ tional destinations; / A fleet of more than 80 drivers in full, identified uniforms.

Call Don McCarthy, owner/manager of Corporate Couriers, at 875-1177 for complete details regarding your courier services.

Telephone numbers to note for information about B.C. Branch Member Services offering cost-savings benefits!

Alistair Eagle Photography (B.C. Branch official photographer)

688-8867

CBA (B.C. Branch) office.................

687-3404

B.C. Lawyers Telephone, FAX and Services Directory (listings or advertising enquiries .......................................................... 687-3404 Canadian Bar Insurance Association - Local Rep. (Leo Donahue Insurance Services Ltd.) .... 688-8790 Canada Life Casualty Insurance Co. (home insurance)...................................

682-1858 or 1-800-663-7778

Jardine Rolfe (law office Insurance) .....

682-4211

PARK'N FLY (Vancouver International Airport parking discounts)......................

270-9476

ProGroup (Car Purchase Plan)

270-4466

Unibind (document binding systems) 538-3273 or 1-800-663-8184 Uniglobe Advance Travel (Vancouver) • or contact your local B.C. Uniglobe Travel Agency .............................................. 688-3551 1-800-663-0208

Corporate Couriers..............

875-1177

Western Pacific Purchasing (office supplies & equipment)

461-1844

Counsel Network (lawyer placement/locums)

643-1755

Supreme Court Forms (Mack Printers)

685-2381

ost savings 1

for CBA members!

Travel savings and benefits offered by Uniglobe Uniglobe Travel, with some 30 offices located throughout British Columbia, has been endorsed by the CBA (B.C. Branch) Member Services Committee to provide a corporate travel program.

Uniglobe Travel is 100% British Columbia owned and operated. The program will pro足 vide an extensive range of travel services and cost-savings discounts for all B.C. Branch Members.

Some of the services include: *7"

Meeting planning services

*7~ Lost baggage assistance Ticket delivery service T

Newsletters and information bulletins

*7" 24-hour message centre >7* Management reports ^

Negotiated car rentals

$100,000 accident insurance

National CBA Member Services telephone numbers to note: Budget Rent-A-Car (contact your nearest Budget office) or c a ll................................... 1-800-268-8900 Canadian Bar Insurance Association...................... 613-236-5883 CB Global Fund (Mutual Fund) [Collect].................... g (514) 954-1551 CBA National Office ...... (613) 237-2925 CBA Net (electronic communications and legal research network) .. 1-800-267-7400 National Trust (Vancouver office financial services including mortgages, loans, deposits e tc .)..................... 420-0640 Sun Life (R R SP )............... 1-800-387-2636 Signature Gold Service (local and national car leasing programs) 416-677-8233

7 days per week rate desk International rate desk *T Frequent flyer tracking Travel seminars *7~ Vacation planning up to 5% discount ^ Negotiated preferred hotel programs Negotiated preferred air fares How do CBA (B.C. Branch) members take advantage of the Uniglobe program?

Call your local Uniglobe travel agency and identify yourself as a CBA (B.C. Branch member). The Uniglobe office will set up a "personal travel profile" for you and all your travel requirements will then be booked to take advantage of the best available rates or special discounts offered to CBA (B.C. Branch) members.

A detailed flyer will be included in the next issue of BarTalk and will describe specific cost-savings programs available to members.

For specific information about any Uniglobe service, you can contact any Uniglobe travel agency in B.C. or the Vancouver Uniglobe Advance Travel office (688-3551 or toll-free from outside the Van足 couver area 1-800-663-0208). Ask for Doris Savio.

12

Westem-style lsw sind order <it Nstionfll AGIN^ The National CBA's Annual Meeting in Calgary, August 1821, serves up law and order westem-style!

You can round-up the whole family for a fun-filled vacation — from golfing, hiking and horse-back riding in the great outdoors to a shop-till-you drop extravaganza.

There's three complete days of professional development, cov­ ering current concerns such as health care in the 90s, lifestyle and the environment. You'll also find seminars on the latest developments in virtually all areas of legal practice. Twentysix substantive sessions range from proceeds of crime, liability in health care, construction liti­ gation, law firm productivity, financial reform legislation, to estate planning for the elderly.

For no extra charge, delegates may participate in the annual meeting of the Canadian Corpo­

rate Counsel Association (Aug. 19-21), held in conjunction with the meeting. The Corporate Counsel component adds two full days of substantive pro­ grams covering coping with the recession, how to communicate better, and other practical prac­ tice tips. Also meeting are the Canadian Judges' Conference (Aug. 20-21) and the Interna­ tional Commission of Jurists (Aug. 20).

No annual meeting would be complete without a full social program. It all starts with opening night at Canada Olym­ pic Park with a country fair theme, including western music and a buffet supper. Along the way are law firm receptions, athome dinners, the awards luncheon and the Young Law­ yers and Notaries lunch. A black tie rodeo rounds out the meeting.

Details of the annual meeting

Advertising space available to CBA members will have one exti^colour°Th y° Ur 1992 Directory and it: These notices are for CBA members conhact woirlc ** * PraCtlCe wh° are avail*ble lor part-time and

program, transportation, ac­ commodation and side trips has been sent to all members. Con­ tact the National CBA office at 613-237-2925 for further infor­ mation.

48th Belli seminar set for Toronto It's a legal jam session! The 48th Belli Seminar will be held in Toronto on July 20,1991 from 8:30 a.m. to 8:30 p.m. (non-stop). The seminar will be held in conjunction with the American Trial Lawyers Con­ vention.

The continuous meeting fea­ tures current civil and criminal law, substantive and proce­ dural trial law, medicine, and investigations.

Further information can be obtained by calling the Melvin Belli Society, 413-981-1849.

Moving?

The Branch's 1992 Directory firm proofs will be mailed to you soon.

If you or your firm have re­ cently moved, please let us know as soon as possible.

Send your address changes by FAX (669-9601) so that our database is kept current.

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 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer.

Contact Colin Campbell Branch) office (687-3404)^. r o m p t e f e T e w i s ^ 13* 0" ( B C

Copyright the British Colum­ bia Branch of the Canadian Bar Association — 1991.