BarTalk | March 1992 by The Canadian Bar Association, BC Branch

NEWSLETTER

President's M essage

pFTHE CANADIAN BAR ASSOCIATION, B.C. BRANCH

Gender bias: getting from here to fair

MARCH 1992 VOLUME 4

The recent report of women in the legal profession produced and published by the Law Soci ety points out that both men and women practising law in British Columbia believe that there is some unfairness in the way that women lawyers are treated by other lawyers and by their firms.

This problem is by no means unique to our province and at the Mid-Winter Meeting of the Alberta Branch of the Canadian Bar Association, I was invited to participate in a panel discus sion on this topic. In preparing HIGHLIGHTS my remarks, I decided that a lot MEMBER PRO has been said about this prob FILE: WARNER/2 lem and not much about possi ble solutions. NUMBER 3

BECTIONTALKI3 LEGISLATIVE UPDATE/5

FLEX1CON/9

If women (or men) are under represented, your firm should formulate a plan to remedy the situation. 2. If your law firm has commit tees, are women lawyers present on the "powerful" com mittees — management, distri bution or income, marketing? Are women lawyers involved in firm management and leader ship? 3. Does you law firm have ex press or written policies on ma ternity leave, parental leave, sabbaticals, flexible working hours, job sharing, part-time work? Does your firm take steps to assist a lawyer taking a temporary leave for parental or

Wendy G. Baker, QC, President

maternity reasons to organize his or her practice prior to the leave and assist them in return ing to full productivity as soon as possible after return to prac tice? Are lawyers permitted Please turn to page 8

So here are some thoughts I have about how law firms and other legal employers can begin to take a good look at their own organizations to see if they are creating an environment in which both men and women can practise law to their full po tential.

I propose that firms do an |REGISTRYQ&A "equality audit" focusing on some of these issues: 1. Have a look at the demo IMAGNA CARTA graphics of your firm. Are \0FFER/12 women represented at least in proportion to their overall pres ence in the legal community? Are women practising in all practise areas or are they re stricted or pushed into certain types of practise considered more "suitable" for women lawyers?

Law Day '92 Chair Lynn McBride congratulates Murray McCutcheon, Law 12 student at Point Grey Secondary School in Vancouver. Murray's essay was selected as the provincial winnerfrom among 21 entries. Hisessaywasentered in theNational CBA Law Day Essay Competition.

N om inate a colleague fo r this new BarTalk column

CBA member making a difference: Peter D. Warner

Peter W arner

Peter D. Warner initially be came involved in CBA activities following several years involve ment with the Cariboo Bar Association. "Peter is well respected in the Cariboo and is at the forefront of representing the interests of the Bar through his thoughtful work as an elected member of the B.C. Branch Provincial Council and now as Bencher with the Law Society," said David Jenkins, a partner with Warner in the Prince George firm of Heather Sadler Jenkins. "Pete's greatest strength is his ability to talk to his clients in terms they can understand," added Jenkins. "And of course, Pete's great sense of humour is one of his outstanding personal qualities."

Called to the Bar in 1977, Warner was elected for three terms to the B.C. Branch Pro vincial Council from 1986 to 1992 to represent the interest of the Cariboo lawyers. He brought to Provincial Council the concerns of interior lawyers and does not fail to voice his opinion on the different issues faced by practising lawyers in the diverse geographic area of the Cariboo.

He also served recently as a member of the B.C. Branch Committee on notarial practice in B.C. He chaired the commit tee for the new courthouse in Prince George and has been recently elected a Bencher of the Law Society. From 1982 to 1985, he also served on the College of New Caledonia Advisory Board.

"Peter articled with me in the early '70s and travelled exten sively with me throughout this region," said Jenkins. "Perhaps one of the least well known facts about him is that he survived the fall from the sixth floor of a high rise construction project in Yellowknife in 1968 and a fall off a Nile River paddle wheeler in Sudan in 1971. I understand that he is going on the B.C. Branch Convention Cruise and have warned him that we need him desperately as a partner here in Prince George!" added Jenkins.

Members making a difference; you can assist in selection!

Warner also served on the Branch Member Services Committee from 1986 to 1991 and was instrumental as a committee of one in finalizing the significant "Resort Dis counts" available to CBA members.

We want you to help us iden tify the "unsung heroes" of the profession who we can profile in this column. "Un sung" is a broad term but we're looking for individuals who are making a difference through their service within the profession or in commu nity organizations. Call Larry Hnetka, Assistant Director (Communications) at the B.C. Branch office (6873404) for a nomination form. Nominations are reviewed and members to be profiled are selected by the BarTalk editorial committee.

Directory firm proofs

ln(Memoriuin) Pamela Ann Murray, Q .w AssistafiFDeputy-Treasurer of the Law Society of B.C., died of viral pneumonia at the age of 50 on March 18,1992. Pamela Murray is fondly remembered by her colleagues at Clay and Company in Victoria and by her many friends in the Canadian Bar Association both in B.C. and throughout Canada. Her energy, enthusiasm and dedication to the legal profession will be sorely missed. Sincere condolences are extended to her husband David Bowman and her family. A memorial service was held in Victoria on March 21.

The B.C. Branch's 1993 Direc tory firm proofs will be sent to all law firms soon. Please complete and return these proofs as soon as possible to ensure that your listing remains accurate. If you or your firm has recently moved, please let us know as soon as possible. Send your address changes by FAX (6699601) to keep the B.C. Branch database up-to-date.

ALISTAIR EAGLE PHOTOGRAPHY

Shelley Bentley

New Bank Act: more flexibility and choice, enhance protection for customers The new Bank Act was assented to on December 13,1991 and is expected to come into force be tween March 31 and June 1, 1992. Allison Kuchta of Russell and Dumoulin outlined the ob jectives and some of the major features of the new legislation for Banking Section members during a recent meeting. The policy objectives for the new Act are to enhance protection for customers and to provide flexibility and more choice for customers with respect to finan cial services. The new Act is almost 300 sec tions longer than the old Act. There are also draft regulations proposed to come into force with the Act which feature the following matters; public in quiry rules, fees chargeable for the issue of share certificates, form of proxy, insider reports, prospectus, disclosure of de posit interest, disclosure of service charges, disclosure of cost of borrowing, equity valua tion and use of company name. The provisions relating to dis closure of cost of borrowing have received extensive com ment and are being revised.

Many of the new provisions in this Act have been borrowed from or are based on the Canada Business Corporations Act. There is a general ban on non-arm's length transactions, with some exceptions. There are also sig nificant amendments to the selfdealing provisions. The Act im plements comprehensive con trols and imposes requirements on transactions between a bank and persons who are, or who are perceived to be, in a posi tion of influence over, or con trol of, a bank. The definition of who is a related party of a fi nancial institution is very broad. Self-supervision of banks is increased and also re quires that a minimum of one third of the board of directors be persons who do not have significant business associations with the bank. There are re vised disclosure requirements to ensure that consumers know who is providing the product, whether the bank earns a com mission, what the service charges and interest rates are. The supervisory powers of the Superintendent have also been increased, and include a new power to require an owner of a bank or an affiliate to provide information. A director of a fi nancial institution who resigns as a result of a disagreement with other directors or officers of a bank must submit a written statement to the Superintendent setting out the nature of the disagreement. This is in order to ensure that the Superintend ent is aware, at an early stage, of internal developments in a bank which might threaten its solvency. Similar requirements are imposed on an auditor who resigns or who is being re placed at the bank's request. A Schedule 1 bank continues to be widely held such that no person of group of associated persons may own more than 1 0 % of any class of shares. Significant

changes in ownership of banks will require the approval of the Minister.

B.C. Real Estate Association introduces standard form property condition disclosure statement The B.C. Real Estate Associa tion introduced an important new standard form to B.C/s real estate market in December, 1991. The Property Condition Disclosure Statement ("PCDS") has been endorsed by the B.C. Real Estate Association and its 13 member boards as a volun tary measure "for the protec tion of all parties in real prop erty transactions", announced Rob Fraser, President of the B.C.R.E. Association. This form contains four sections: 1.

general

structural

strata property

additional comments and/ or explanations

The "general" questions relate to such matters as non-con forming uses, unauthorized ac commodation, encroachments, unregistered easements of rights of way, local improve ment levie, problems with sep tic system, connection with public sewer and water sys tems. The "structural" questions re late to such matters as whether the ceilings and walls are insu lated and with what (UFFI?), whether an occupancy permit was ever issued whether addi tions/alterations were carried out with a permit, whether there are problems with mois ture, water, rodents, insects, the plumbing, heating or electrical

SectionTalk (continued) systems. The "strata property" questions relate to special assessments, pending rules or by-law amend ments, restrictions on pets, chil dren, rentals. Space is provided for additional comments. The vendor is asked to elect between the following answers for each of the ques tions: yes, no, do not know, or does not apply- Many of the questions begin with "Are you aware..." or "To the best of your knowledge...". Both ven dor and purchaser are asked to sign the statement. In commenting on the legal as pects of the PCDS Peter Watts of Watts, Merkley, Nabata ad vised that the form does not form part of the standard Con tract of Purchase and Sale pres ently in use unless a clause is inserted to specifically make it so. However, statements made in the PCDS may still be action able if they induce the forma tion of the Contract of Purchase and Sale. He cautioned realtors not to simply fill in the blanks and have the vendors sign the form. The vendors should com plete out the form themselves. Furthermore, purchasers must be advised that although they may rely on the PCDS, the ven dors may not be available in the future should the purchasers wish to take action on any mis representations. Section mem bers were also concerned that a number of questions on the form which the vendor is called upon to answer involve a deter mination of law and are not questions which an average vendor is typically in a position to answer. An example is the question: Are you aware of any encroachments, unregistered easements or unregistered rights of way? It was noted that this form has not been reviewed by The

Standard Form Committee which is the joint committee of the Real Estate Association and the Canadian Bar Association. Rob Fraser, President of the B.C.R.E. Association noted that the form will be reviewed on an annual basis and could change based on problems that may arise in the future. The infor mation on the PCDS is based on information from the Real Es tate Errors and Omissions In surance Corporation database and reflects the most common areas of dispute between pur chasers and vendors. Mr. Fra ser says the form was intro duced to enhance "our profes sional practise and in recogni tion of consumer trends." Ap parently there are mandatory PCDS forms in California and Maine. Ten other States are considering legislation to make them mandatory. The B.C.R.E.A. will be encouraging their members to obtain the dis closure from vendors and ex pects that purchasers, financial institutions and conveyancers will be most interested in ensur ing that they receive this infor mation for their protection.

CASE COMMENT: the problem of developers selling parking stalls with condominiums The case of Hill v. Strata Plan NW2477 B.C.L.R. 57(2d) 263 in volved a typical situation in which an owner/developer of a condominium project pur ported, the Contract of Pur chase and Sale, to assign park ing stalls to a purchaser. How ever, prior to completion the first annual general meeting of the strata corporation was held and the elected strata council assumed control of the common property preventing the owner/developer from comply

ing with that term of the con tract. As is typical, the owner/ developer had not dedicated parking stalls as limited com mon property on the strata plan, wishing to use parking stalls as a marketing tool. The Court held that, as the parking stalls were all common property, the owner/developer could not, while controlling the strata corporation, enter into contracts to deal with that com mon property unless a) the contracts were in the best inter ests of the strata corporation as a whole; and b) any monies received pursu ant to those contracts were re turned to the strata corporation. Lisa Vogt of McCarthy, Tetrault suggested a possible solution to the problem to Vancouver Real Property Section members. However, this "solution" has not yet been tested. The pro posal requires that the parking stalls be leased to a company related to the owner/developer prior to the filing of the strata plan. Therefore, when the strata plan is filed, the common property is already encumbered by the lease to the related party and the related party is then free to deal with that property as it chooses (i.e., by partially assigning the lease to purchas ers).

Flex those law firm muscles! Here is your chance to flex your corporate muscles. Law firms are invited to join in with other companies to reg ister for the 12th Annual Sea board Lif e/YMCA Corporate Cup. Join in a fun-filled day of ath letic games and events on Sunday, June 7, 1992 at Swangard Stadium. For more information, call 324-2261.

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 Court Order Interest Amendment Act, 1982, S.B.C. 1982, c.47 amends the Court Order Interest Act, R.S.B.C. 1979, c.76 inter alia as to s. 1(1), deleting the provision that the rate of prejudg ment interest payable shall not be less than the rate that applies to interest on a judgment under the Interest Act (Canada), and adding Part 2 relating to post-judgment interest, providing (a) the interest rate for post-judgment interest is an annual interest rate equal to the prime lending rate of the banker to the government, (b) a pecuniary judgment shall bear interest from the later of the date judgment is pronounced or the date money is payable under the judgment, (c) interest during the first six months of the year is calculated at the rate as of January 1 and during the last six months at the rate as of July 1, (d) interest on a judgment pronounced before the coming into force of Part 2 is calculated from the later of the date Part 2 comes into force or the date money is payable under the judgment, (e) the court of original jurisdiction may on application vary the rate of interest or date from which it is calculated, (f) post-judgment interest is deemed part of the judgment for enforcement purposes, and (g) a partial payment of a judgment shall be applied first to outstanding interest. Post-judgment interest was previously governed by the Interest Act (Canada), R.S.C. 1985, c. 1-15, s. 11 to 14, which were repealed by the Miscellane ous Statute Law Amendment Act, 1991, Bill C-35, given royal assent on February 28,1992. These

Ann McLean

provisions remain effective for the calculation of post-judgment interest until March 31,1992. in fo rce M arch 31,1992

L and Title Amendment Act, 1991, S.B.C. 1991, c. 12 (First Reading Bill Number 2) amends the Land Title Act, R.S.B.C. 1979, c. 219 and clarifies the manner of and information required for comple tion of the prescribed form of mortgage. The Act amends Part 17, Division (6 ) of the Land Title Act, formerly "General Documents" to be entitled "General Instruments", provides more specific requirements for the form of instruments to be used for transactions other than transfers or mortgages and provides that a general instrument may be used for release of a charge. A discussion of tire regulations enacted as a result of the Act is set out below. in fo rc e M ay 1,1992

REGULATIONS TO NOTE Assessment Act, extending the date by which the Assessment Appeal Board must send out copies of the notice of appeal from a decision of the Court of Revision referred to in s.68(4) of the Act, to vari ous persons, from February 16 to March 15 for 1992. B.C. Reg 31/92 effectiv e February 14,1992

Court Rules Act, B.C. Reg 478/90, the Small Claims Rules are amended inter alia (a) as to Rule 7(3), providing that the defend ant in a motor vehicle accident claim who is disputing the amount of the claim, but not liability, need not attend a settlement confer ence if a person appointed by ICBC attends instead, Please turn to page 6

Legislative Update (continued) (b) as to Rules 12(7), 18(9) and 18(11), providing that a person named in a sum mons to a payment hearing must be served personally at least 7 days before the date of the payment hearing, and providing that such service may be proved by an affidavit of service, and

Land Title Act, Land Title Amendment Act, 1991, B.C. Reg 53/90, the Land Title (Transfer Forms) Regulation is amended inter alia (a) changing the references to "general docu ment" to "general instrument" and providing a set of express charge terms constituting Part 2 of the general instrument,

(c) providing amended forms as follows: Form 1 "Notice of Claim", Form 2 "Reply", Form 3 "Third Party Notice", Form 6 "No tice of Settlement Conference" and Form 12 "Summons to Payment Hearing".

(b) changing the completion instructions for the Freehold Transfer Form and the Mortgage Form, and (c) repealing Form C and substituting a new Form C, providing the form for a General Instrument.

B.C. Reg 39/92 effective February 26,1992

Forest Act, B.C. Reg 52/92, the Forest Fire Pre vention Regulation is made, providing inter alia for fire protection requirements in industrial operations, relating to campfires and relating to railways. B.C. Reg 553/78, the Campfire Regula tion, B.C. Reg 556/78, Fire Precautions in Rela tion to Railways, B.C. Reg 557/78, the Forest Fire Prevention Regulation and B.C. Reg 564/78, the Snag and Slash Disposal Regulation are repealed.

B.C. Reg 33/92 effective May 1,1992

Land Title Act, Land Title Amendment Act, 1991, B.C. Reg 334/79, the Land Title Act Regulation is amended by repealing Form 30 "Release of Judg ment" and Form 37 "Discharge of Mortgage" and revising Form 35 "Declaration of Building Scheme". B.C. Reg 34/92 effective May 1,1992

effective March 6,1992

Government reports available Is anyone listening? The report of the B.C. Task Force on Family Violence

Ministry of Women's Equality (Cindy Eaton 356-9307) or Government Agents throughout B.C.

Family Violence in Aboriginal Communities

Ministry of Women's Equality (Cindy Eaton 356-9307) or Government Agents throughout B.C.

Report of the B.C. Minority Language Education Task Force

Ministry of Education and Ministry Responsible for Multiculturalism and Human Rights (Harley Trudeau 3562527)

British Columbia Community Employment Dependencies

B.C. Forest Resources Commission (3567885)

Post-judgment interest provisions change The calculation of post-judgment interest is now governed by the provisions of the Court Order Interest Amendment Act, 1982, providing for an annual

rate of interest equal to the prime lending rate of the government's banker. The provisions are effective March 31,1992. Details of the legisla

tion are contained in the Legis lative Update section of this BarTalk under the heading "Acts in Force."

Volunteers required for Law Day ’92 programs Vancouver Law Courts and Pro vincial Court are providing a new feature at the open houses on April 26,1992. Volunteer lawyers will be pro viding free 15-minute consulta tions in the areas of wills/estates, family, landlord/tenant and mo tor vehicle offences. If you are interested in volunteering, con tact the B.C. Branch office for details. Other programs at both open houses include Peter Pan on Trial, a mock trial by Grade 3 students and presentations on gender equality, rental discrimi nation, sexual harassment, and immigration. Interpreters will be available to assist those who first language is Spanish, Japanese, Cantonese, Mandarin, Hindi or Punjabi. Sign language interpreters will also be available. Kamloops reports that a legal in formation clinic for seniors will be featured as well as mock trials at the elementary and secondary levels.

W illiam s Lake is again tackling a topical m ock trial based on an a c tu a l"d a te ra p e "c a se . Students again will m eet and w ork with police officers, law yers, court personnel, m edical d octors and other professionals to learn the details of how the justice system works in preparation for the m ock trial. All m ock trial roles are perform edbystudentsexceptthat

of the judge. The jury is selected from the audience. XT ... . _ N ew W estm inster C ou rt house open on A pnl 25 and progranis are being developed in cooperation with the Cham ber of C o m m erce C rim e P reven tion Com m ittee. C ontact yo u r local L a w D a y organizer listed below to participate m activities m you r

Law D ay organizers throughout British Columbia Chilliwack Sheila Checkers (795-8340) Courtenay....................................................................................James Dow (338-7701) Duncan.............................................................................. DavePope(746-4422) ...................................................................... Rudi Ingenhorst (838-6431 Enderby Fort St. John........................................................................... Michael Gray (785-5674) Kamloops/Clinton............................................................ Meegan Clemis (828-4662) Kelowna Ross Langford (763-4323) Maple Ridge............................................................................... Ann Rurak (463-6251) M erritt Phil Maher (374-3344) Nanaimo Katherine Fraser (754-3321) Nelson Ernie Armitage (352-5538) New Westminster Margaret Hollis (526-1821) Penticton Gordon Marshall (492-6100 Prince George/Nazko Reserve/Quesnel/Vanderhoof/ Prince Rupert............................................................................Judy Jones (565-6258) Surrey ...................................... Janice Itterman (572-2276) Tumbler Ridge .........................._________ .........._Gary Boechler (242-4227) Vancouver....................................................____ .............. Lynn McBride (687-0411) Vernon---------------------------.....................____ Dale Kermode (542-5353) Victoria ................................................................................. Fiona St. Clair (388-5574) Williams Lake ................................................................. Sandra Hawkins (392-4158)

Legal wake-ups jump start the day CLE is offering quick, snappy reviews to provide CBA mem bers with up-to-date analyses of B.C. law. The focus of these legal wake-ups is to update your knowledge with minimum time away from your practice. Recent Developments in B.C. Law is co-sponsored with UBC

Faculty of Law and UVic Faculty of Law. Courses take place in both Vancouver and Victoria from 8:00 a.m. to 9:30 a.m.

Vancouver Administrative Law - April 14 Company Law - April 28

Legal wake-ups are $55 and $28 for students and during April include:

For further information or to register, call CLE at 669-3544 or outside the Lower Mainland 1800-663-0437.

Victoria Administrative Law - April 28

oiD YOU KNOW? Your professional image can be enhanced through the Unibind document binding system. The system is sim ple to use and gives your reports, presentations and other bound documents a professional look.

For a demonstration, call Unibind for details: 5383273 or toll-free 1-800-663-8184. Unibind is endorsed by the B.C. Branch Member Services Committee.

President's Message (continued) flexibility to take care of family illnesses and childrens' school functions or is any recognition of family obligations overly or subtly criticized as demonstrat ing a lack of commitment to the firm? 4. How are files, trials and cli ents distributed in your firm? What is the process for intro ducing younger lawyers to cli ents? When an "heir apparent" is being groomed to take over major client responsibilities, are women lawyers being consid ered equally for the opportuni ty? If not, why not? Ask senior "rainmaker" lawyers or lawyers who frequently utilize juniors on files or solicitors who send work to litigators to list the jun ior lawyers they have worked with in the past year. Are women lawyers being given equal opportunity? If not, why not? Is an unconscious bias at work here? Often pointing these things out to people is enough to make them think about the patterns they have fallen in to. 5. Partnership criteria — what are they? — are they fair? — what effect will a parental leave, part-time work or mater nity leave have on eligibility for partnership? Do associates know what the criteria are and are they applied fairly and equally? 6.

With respect to firm social events and client entertainment, firms should consider whether the timing, amount of notice given, location and nature of these kinds of events permit equal opportunities for male and female lawyers to partici pate. Lawyers who have pri mary responsibility for organiz ing childcare may find it diffi cult to participate in meetings or events scheduled on eve nings or weekends without am ple notice. The hour or two

right after work is often an awkward time for lawyers with young families. Many women lawyers and cli ents object to attending func tions at clubs that exclude women from membership — like the Vancouver Club — or functions held at nightclubs that feature "exotic dancers." Believe it or not, some firms still consider such entertain ment appropriate. 7. Foster a discussion within your firm about sexual harass ment, sexual discrimination and sexist conduct. Does you firm have a policy forbidding sexual harassment? Are there confi dential avenues known to all for dealing with unwelcome and persistent sexual over tures? I think it is valuable for mem bers of law firms and support staff to talk about what sexual harassment is and is not. Many male lawyers feel nervous that they will be unjustly accused of sexual harassment because they are no longer sure what is ac-

ceptable behaviour. As well, many women don't know how to deal with the problem in a way that won't jeopardize their employment or prove unduly embarrassing to the harasser. A general discussion about the topic and how future com plaints will be handled may help to put everyone at ease. There are many other issues which could be addressed in the type of "equality audit" I am suggesting. The legal pro fession needs to attract and re tain the most talented people we can. As well, a profession committed to fairness and jus tice has an obligation to ensure that it has cleaned up its own backyard. Firms or lawyers who persist in unfair or sexist practices will eventually have problems with recruitment and retention of high quality students, associa tes, partners and, most impor tantly, clients. Wendy Baker, Q.C. President

East European interns seek Canadian law firm placements Rock stars go on tour. So do actresses, golf pros, best selling authors, figure skaters— and law yers from former eastern bloc countries. For the second year in a row, the Canadian Bar Association has been helping to re-build demo cratic and free market economies in Poland, Hu ngary, and Czecho slovakia. Through its Eastern Internship Program about 26 Polish, Hun garian, Czech, and Slovak law yers have been in Canada since mid-September to study first hand how to do business the west ern way. The concept stemmed from a two-week trip to Hungary

in late 1989 by Maureen McTeer, now chairperson of the intemshipprogram. Host law firms are required for 2 1 lawyers who will participate in this year's program. The cost is $10,000 per legal in tern and firms can band together to reduce the cost and rotate an intern among them. This year's three month program extends from September through Decem ber and will include 21 interns: 7 each from Czechoslovakia, Po land and Hungary. Law firms interested in partici pating in the intern program can con tact the Maureen McTeer, c /o CBA office, 50 O'Conner, Suite 902, Ottawa, Ontario KIP 6L2 (613) 237-2925

FLEXICON: A computerized Legal Research Tool Su bm itted by D aphne G elbart & D eborah G raham

The essence of legal research in common law jurisdictions is the retrieval of relevant decided cases and related legal informa tion from a vast body of accu mulated judgements, statutes, commentaries and other mate rial. The tremendous effort required to manually summarize, index and search through this enor mous volume of information calls for automated text processing. An effective infor mation retrieval system is thus an essential legal research tool. Recent improvements in per sonal computers and storage technology, along with easier access to reasons for judgement in electronic form, either di rectly from the courts or by electronically scanning reports, make automation of many as pects of legal research feasible and cost-effective. A number of on-line legal infor mation retrieval systems, such as QuickLaw and CAN/LAW

in Canada and WESTLAW and LEXIS in the United States, have been developed in re sponse to this need. However, despite the potential utility of these systems, many legal re searchers find them difficult and cumbersome to use. Con siderable effort is required to learn how to use them, the re sults of a poorly formed query are unreliable and ultimately they may not seem worth the time and cost involved. A new research tool designed to overcome the limitations of existing systems is now being developed at the University of British Columbia by the Faculty of Law Artificial Intelligence Research (FLAIR) project, un der the direction of Professor J. C. Smith. FLEXICON 1 (Fast Le gal EXpert Information CONsultant) is an easy to use, effec tive, computerized legal re search tool that will run on a personal computer using CDROM optical disks. Legal re searchers will not have to learn complicated rules of syntax in order to form search queries, as FLEXICON provides a menu-

driven interface that prompts the user to select search terms from four categories: concepts, facts, cases cited and statutes cited. Cases relevant to the re searcher's query are retrieved from FLEXICON's database by means of electronically gener ated case summaries called flexnotes. Retrieved cases are ranked ac cording to their degree of rel evancy to the query. Once matching cases have been pre sented to the researcher, the original query may be modified and improved on the basis of information contained in the flexnotes of the retrieved cases. A prototype version of the FLEXICON system with a data base of approximately 1 ,0 0 0 cases is now operational and we hope to have a complete, full-scale version sometime next year. The completed FLEXI CON system will provide the following features: A menu-driven user interface with dictionaries of legal terms Please turn to page 10

Court reporting/recording committee seeks submissions Written submissions are invited from members of the Bar on the following issues: T. What is the most cost effec tive method of making and transcribing a record of court proceedings in the Supreme Court of B.C. while maintaining and improving current stand ards? 2. How should the method chosen for reporting and/or recording court proceedings be organized and administered throughout the province of B.C.? Is one system suitable for the entire province or should

there be regional differences? 3. How effective are the current audio-recording and clerk/ recorder programs? 4. Should litigants have a choice about the method of producing a record of proceed ings? If so, by whom should the additional costs, if any, be borne? Written submission should be sent no later than April 30,1992 to the Committee's Counsel Gil McKinnon, 1710-1040 West Georgia, Vancouver V 6 E 4H1. Oral submissions from those

who have previously given written submissions will be welcome at public hearings to be scheduled in Vancouver from May 19 to 30,1992. A list of all written submissions will be available after April 30, 1992. Upon request, a copy of any written submission may be purchased at cost. The commit tee anticipates writing to potential suppliers of services to gather financial information. Peter Leask, Q.C., is the chair of the Court Reporting/Recording Committee. Douglas McAdams and James Vilvang are also committee members.

Convention Cruise ’92 set to sail May 9 to 12 B.C. Branch Canadian Bar Association and Law Society of B.C.

Convention Cruise '92 is shap ing up to an active and enter taining meeting, says Conven tion Cruise Chair Eric Rice. Dr. Jim Ricks, a consulting psychologist and Dr. Frances Ricks, professor in the School of Child and Youth Care at UVic, have been confirmed as pre senters for the "Get a Life" substantive session.

June 12,1992 Robson Square Conference Centre Vancouver

Mark your calendar today!

The "Tax Tips" session will be presented by Doug Graham, CA, a partner in the chartered account firm, Doane, Raymond Pannell. He will include a 'Tax Health Checklist" for each delegate. As well, the CBA Bon Voyage Reception and special Mother's Day Reception will bring delegates together for fun and prizes. And of course, all the on-board activities and amenities of the Nieuw Amsterdam will be available to delegates. While the deadline for state rooms held for CBA delegates has passed, a limited number of staterooms may still be avail able. Call Uniglobe at 688-5572 to inquire about stateroom availability.

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R.CMP m ascot greets visitors at '91 Provincial Court Open House Free shuttle buses will operate between the Law Courts Open House at 800 Smithe and Provincial Court at 222 Main on Law Day, Sunday, April 26,1992. Join in the activities at your local Law Day. Other Law Court open houses include: Chilliwack Law Courts (April 25 -12:00 to 4:00); Maple Ridge Law Courts (April 26 -12:00 to 4:00); New Westminster Law Courts (April 25 -12:30 to 4:00); Surrey Law Courts (April 25-11:00 to 3:00).

Flexicon (continued from page 9) (cases, statutes, concepts and facts) for easier query formula tion. Thesauri to ensure re trieval of cases with synony mous and associated terms.

flexnote term to its occurrences in the full text of the decision.

An effective, non-boolean search mechanism and accu rately ranked retrieved docu ments.

The ability to save, edit and re use search requests.

Cross-referencing of case and statute citations.

Automatically generated sum maries ("flexnotes") of cases in an extensive database.

Expert opinion based on infor mation contained in cases rel evantly similar to factual situa tions presented to the system by the researcher.

HYPERTEXT links from each

An extensive, low-cost legal li

brary in CD-ROM, which users may search at their leisure for a fixed price, with the option to print selected cases with at tached flexnotes. Quick and inexpensive update of the database of legal docu ments on CD-ROM. The option to run FLEXICON on portable computers at home and in court. 'FLEXICON: © 1989, Daphne G elbart and J. C. Smith

Registry questions answered by Joanne Power, Manager Registrar Program Can you claim GST on the items in an assess ment of a Party-Party bill of costs? No. Recent decision of Mr. Justice Hood Borisoffv. Cooper, Vancouver Registry B900415.

Can a foreign judg ment from Quebec be jF, registered in British Columbia under rule 54?

When an appeal has flj: been filed, can you s proceed with an as^ sessment?

Can a registrar issue a garnishing order for *. arrears of maintenance * to remain in force for one year?

No. See section 17 of the Family Maintenance Enforcement Act.

What do I do with a 1: Legal Professions Act * ' bill that is dated more p than one year prior to the date the appoint ment is filed?

(1) Apply to the Su preme Court for re view by the registrar;

Can you enforce a S judgment for a monetary claim ten years af ter the date it was issued?

No. See section 2 (f) Limitation Act.

Strictly speaking, this is not a question for the Registry as the an swer would be legal advice but, interest ingly enough, it points out the gap between the Court Order Enforcement Act and computer technology (the basis for most pay systems). This was one of the issues canvassed by the rela tively inactive Court Order Enforcement Act committee.

If Reasons for Judg ment were silent as to f cost, and the outcome was clear, would you settle an order which included costs to the successful party?

(2) File a notice of claim in Small Claims Court if under $ 10, 000.00.

No. Refer to rule 57(1).

No. It is not a recipro cating state unless the order is under the Family Relations Act rules and regulations, pursuant to part II Court Order Enforce ment Act.

If a garnishee refuses to comply with an or der due to local cut off dates per pay peri od, what is the credi tor's option?

Yes, unless a stay of proceedings has been granted by the court.

Would you assess a bill under Appendix 'B' where the order was silent as to costs?

Yes. See rule 57(9).

What does a registrar require before issuing a certificate under the Creditors Assistance Act?

(1) Notice; (2) Affidavit of Claim of Debt; (3) Affidavit of Service of notice on the de fendant/ judgment debtor. The biggest difficulty I have is determining the fine line between legal advice and pro cedural information, bearing in mind Regis try staff are not to give legal advice.

If you have any unusual or in teresting questions, please write directly to Joanne Pow er, manager registrar pro grams, Law Courts, 850 Burdett Ave., Victoria, B.C. V 8 W 1B4.

d id

YOUKNOW?

Professional portraiture and location photography are available to you at discounted prices by using the CBA (B.C. Branch) official photographer Alistair Eagle Photography. For a quote on your photo graphic needs, call Alistair at 688-8867. This program is endorsed by the B.C. Branch Member Services Committee.

P roduct of the m onth The featured product this month is an individually framed full-colour print of the Magna Carta as well as a handbound book translating the charter's 63 articles. The Magna Carta print is recreated on parchment paper and is a limited print produc tion run. The hand-bound book

features all 63 articles of the original Latin translated into modem English.

See the flyer enclosed with this issue of BarTalk for complete details.

As a special offer, for each print/book set purchased before June 26,1992, you will be entered into a draw for a luxury vacation for two to the El Cid Mega Resort in Mazatlan, Mexico.

This special offer is endorsed by the CBA (B.C. Branch) Member Services Committee. The print and book are on display at the B.C. Branch office, 504 - 1148 Hornby St., Vancouver.

Provincial Court judges appointed Susan C. Antifaev, Frances E. Howard and Anthony J. Palmer were recently appointed as judg es to the Provincial Court of Brit ish Columbia. Judge Antifaev began her judicial duties on March 9, Judge Howard on March 2 and Judge Palmer on February 25,1992. Susan Antifaev has spent the past 15 years as a Crown Counsel in New Westminster and is active in many community organizations. She joins the bench in the North Fraser region. Frances Howard, who takes on judicial responsibilities in the

South Fraser region, has been in private practice in Vancouver for the past 11 years. She has also been a supervising lawyer at the UBC Faculty of Law for much of that time. Anthony Palmer, who begins his judicial duties in Victoria, has been a partner in private practice in that city for 12 years. He is also chairperson of the Public Legal Education Society of B.C., better known as the People's Law School. Palmer is also a member of the B.C. Branch Provincial Council and chairperson of the Branch’s Dial-A-Law/Lawyer Referral Advisory Committee.

Workplace program assists in developing policy Michael Aze, project coordina tor for the AIDS in the Workplace program at AIDS Vancouver, is available to consult with man agement on areas of concern in developing company policy as well as managing AIDS in the workplace. Lawyers with corporate clients have found the program beneficial when advising clients on legal issues or when assisting in preparing company policy. Aze indicates resources avail able include print materials, training sessions in the workplace, and a "train-thetrainer" workshop to assist

organizations to develop their own resources. The print materials entitled ACT NOW: Managing HIV and AIDS in the Canadian Workplace consists of a guide for manage ment, a manual for employee education and a brochure presenting basic facts about AIDS. To purchase these print materi als or to inquire about develop ing policy to manage HIV/ AIDS in your firm or for clients, contact Michael Aze at AIDS Vancouver, 1272 Richards St., Vancouver V6 B 3G2 (tel: 6875220; FAX: 687^857).

Dates to Note For further information, contact the B.C. Branch unless otherwise noted April 1992 Law Day Various locations throughout B.C. (see page 7 for local organizers) May 9 to 12,1992 Convention Cruise '92 aboard the MS Nieuw Amsterdam June 12,1992 Annual Meetings B.C. Branch of the Canadian Bar Association and Law Society of B.C. Robson Square Conference Centre Vancouver August 23 to 27,1992 National Canadian Bar Association Annual Meeting Halifax, N.S. 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. © Copyright the British Columbia Branch of the Canadian Bar Association— 1992.