BarTalk I August 2015 by The Canadian Bar Association, BC Branch

LSBC’S INVESTIGATIVE POWERS | ETHICS | FOREIGN CORRUPTION CASES

AUGUST 2015 | bartalkonline.org

When to Walk Away and When to Run

PAGE 12

news&events BARTALK EDITOR

Deborah Carfrae

SAVE THE DATE — CONFERENCE IS IN VANCOUVER

EDITORIAL BOARD CHAIR

Candice Alderson

EDITORIAL BOARD MEMBERS

Laura Cundari Janine Dethlefs Antoine Gariepy Ellen Hong Kate Jenkins David Madani Kirsten McGhee Sarah Nelligan Michael Welsh

BARTALK SENIOR EDITOR

Maureen Cameron

STAFF CONTRIBUTORS

Judy Cave Zameena Dadani Travis Dudfield Tanya Galic Paula LaBrie Stuart Rennie Karen St. Aubin Jennifer Weber Judy Yen

The BC Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, BC V6B 5T3 Tel: 604-687-3404 Toll-free (in BC): 1-888-687-3404 bartalk@cbabc.org

BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at bartalkonline.org. © Copyright the British Columbia Branch of the Canadian Bar Association 2015. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The British Columbia Branch of the Canadian Bar Association represents more than 6,700 BC members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

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WLF Leadership Conference November 20-21, 2015 The Women Lawyers Forum is holding its bi-annual national Leadership Conference for lawyers and other professional women on November 20-21 in Vancouver for the first time. The conference brings together an international faculty of judges, lawyers, authors and thought-leaders to inspire and help you create the future you desire. Hear from influential women speakers such as Supreme Court of Canada Justice Rosalie Abella and The Right Honourable Kim Campbell, Canada’s first female Justice Minister and Prime Minister. They will lead a conversation about succeeding and flourishing as women at the highest levels of professional life. Lynda Bray Chanow, from the Center for Women and the Law at the

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University of Texas, will talk about women’s relationship to power. Ritu Bhasin and Reva Seth, both from Toronto, will speak in separate workshops on key leadership and advancement strategies for women. There will be workshops on corporate leadership skills led by leading general counsel, while other workshops include how to thrive in practice, navigate difficult conversations, develop a grit and growth mindset and increase your productivity. The conference is aimed at women at all stages of their career. CPD credits of 5.5 hours toward ethics and practice management are available.

Lawyer Referral Service Email: lawyerreferral@cbabc.org

AUGUST 2015

VOLUME 27 / NUMBER 4

Contents

Departments

FROM THE PRESIDENT The Highlights by Alex A. Shorten

EXECUTIVE DIRECTOR Be Prepared For the Worst by Caroline Nevin

PRACTICE TALK Digital Transfer of Property by David J. Bilinsky

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DAVE’S TECH TIPS NOTHING OFFICIAL Confederation Day? by Tony Wilson

SECTION UPDATE Constitutional/Civil Liberties CCA BC & International Law Commercial & Real Estate – Okanagan Criminal Justice – Vancouver

SECTION NEWS Section Enrollment is OPEN TODAY!

Ethics and civility in law are imposed on the legal profession through: rules, laws and codes of conduct. This issue provides tips for new lawyers, insight into the investigative powers of the Law Society, considerations used by lawyers in assessing client representation, along with the dimensions of the duty of loyalty owed by lawyers to clients and also considers the complexities encountered in foreign corruption cases.

News and Events

Sections

Features 12 WHEN TO WALK AWAY AND WHEN TO RUN by Anne Stewart & Jennifer Chen 13 THE LAW SOCIETY’S INVESTIGATIVE POWERS by Jean Whittow, QC and Mark Bussanich 14 JUDITH POTTER’S 11 TIPS FOR NEW LAWYERS by Judith M. Potter 18 THE RISK OF CONCURRENT JURISDICTION by Casey L. Leggett 19 CONFLICTS AFTER MCKERCHER by John Smith and Kelly Farish 20 HOW TO BE ETHICAL AND CIVIL IN THE PRACTICE OF LAW by CBABC Professional Development

Guests 9

Inside This Issue

ENCOURAGING A DEMENTIA FRIENDLY PRACTICE by Rebecca Morris

21 WHAT LAWYERS DO IN THE COMMUNITY featuring Laura Atkinson and Kim Karras

2 WLF Leadership Conference 22 A Day at the Races Recap Continuing Transparency in the Provincial Court Application Process CBA (BC) Benevolent Society 23 Raft of Female Judicial Appointments in June a Good First Step 2015 Canadian Conference on Elder Law 2015 Pacific Legal Technology Conference Building a Better Lawyer – CBA Legal Conference 24 CBABC WLF Ovarian Cancer Canada Walk of Hope Battle of the Bar Bands Recap CLEBC Update 25 BC Legislative Update Branch & Bar Calendar Georges A. Goyer, QC Memorial Award for Distinguished Service Calling All Lawyers: Volunteer to Be a Mentor 26 CBA Welcomes New Integrity Regime for Public Procurement Where is Google? 2015 Provincial Council Awards 27 LAW FOUNDATION OF BRITISH COLUMBIA 28 PROFESSIONAL DEVELOPMENT 29 DISPLAY ADS 30 BAR MOVES 31 NEW MEMBERS

Also In This Issue

Click here for LEGAL OPPORTUNITIES and ads AUGUST 2015 / BARTALK 3

FROM THE PRESIDENT ALEX A. SHORTEN

The Highlights

Of a year in review

ow, where did the last 12 months go? When I assumed the Presidency of the Branch last August I had a pretty good idea of the pending issues and workload but I had no idea how the time would fly by with four Provincial Council meetings, dozens of in-person and telephone Executive Committee meetings, meetings with government, Committees and Sections, local Bar gatherings, National CBA Board meetings, welcoming ceremonies, and all sorts of important legal events. ADVOCACY. Our advocacy efforts covered important issues such

as legal aid and PST, and a number of legislative initiatives of the provincial government, some of which we suggested, in our Agenda for Justice, such as the new Society Act, the proposed Franchise Act and the new Enforcement of Civil Judgments Act. In addition, the government requested, and we provided, comments on the Trustee Act and the Society Act.

Committee to review and suggest changes to the Public Interest Intervention Policy, as well as actively participated in the Rethink Project.

ACCESS TO JUSTICE. I sat on a

stakeholder’s committee that made substantial progress on the establishment of the British Columbia Access to Justice Committee (BCATJC). On June 25, the BCATJC was formed with 26 members consisting of representatives of leading legal constituencies. The President of CBABC is a member, and the Executive is led by Chief Justice Bauman. BCATJC is now seeking support to fund its operations. CBA BOARD. As a National Board

member, I participated in the Chevron Intervention decision (intervention withdrawn), the Trinity Western Law School Intervention issues at the Court of Appeal level in Nova Scotia (intervention proceeding), the establishment of a 4 BARTALK / AUGUST 2015

INCREASED SCOPE OF PRACTICE OF NOTARIES. The Notaries Soci-

ety and the Law Society are meeting to discuss a merger that would see notaries regulated by the Law Society. CBABC supports this. However, our members have raised significant concerns about the proposed increase in scope of practice that notaries are requesting. The scope increases involve issues of probate, trusts and incorporations. The rationale that has been presented to support this increase is one of access to justice – specifically, that the public needs more suppliers of these particular services. CBABC disagrees that this proposal addresses access to justice. Lawyers already provide these services, and for many they are important parts of their practices.

This is especially true in rural areas, where many general practitioners are only available to provide the full spectrum of legal services to their communities because they are able to economically make a go of it with “bread and butter” services such as those notaries now propose to provide. In a province where rural access to legal services is a serious, proven access-to-justice concern, it is disingenuous to suggest that increasing competition will have a positive impact in those communities – especially when we know that lawyers are no more expensive than notaries for comparable services. Our CBABC representative on the Law Society “Qualifications Working Group” has strongly presented our position on these issues. It appears this is not likely to be resolved in the short term, and in our opinion should be referred to all Law Society members for input. Your new CBABC Executive Committee will continue to work for you on this and many other important advocacy issues. I hope in some way we, the CBABC Executive and staff, have added to the value of your membership. I have been honoured to serve as your President this year. Thank you for the opportunity.

Alex A. Shorten

president@cbabc.org

EXECUTIVE DIRECTOR CAROLINE NEVIN

Be Prepared For the Worst

Accepting and mitigating vulnerability

e are all born human, with an expiry date we cannot know. We can hurry life along – indulging, risking, self-harming – but we cannot prolong it. At best, we can live every day to its fullest and try our best not to shorten life’s journey. If we’re really lucky, that insight comes early enough to make a difference. Whether it does or not, there is one truth we cannot escape: in the blink of an eye, our life can change. Two lawyers and a Quebec notaire had their lives impaired or shortened for reasons beyond their control this past month. Maria Mitousis in Manitoba was assaulted by an exploding package sent by a client’s ex-spouse, forever impacting her own life and those of her friends, family and colleagues. In Terrebonne, Quebec, lawyer Benoit Cote and by-

standing notaire Marie-Josée Sills were shot and killed by a vengeful ex-client. The dark holes of that impact are hard to imagine. Which brings me to two big questions: Do you understand the risks of your job? And are you taking steps to mitigate them? I am not an alarmist – I believe in the good in people, and I believe there are very few circumstances where one of us will hurt another. But I am also a pragmatist and realist. I know that lawyers are in a position that is both strong and weak in our society – strong in the sense that little of consequence in personal, business or government matters is formally decided or enacted without the assistance of a lawyer; and weak in the sense that there is general hostility and anxiety related to the need to rely on a third party – a lawyer – to intervene and deal with these matters that mean so much to people. What a conundrum for those in law. And what a position of personal risk.

So here’s the bottom line: some people may not like what you do. Worse, some people who don’t like what you do may become mentally fixated, unbalanced and/or directly harmful to you, your staff or your family. The most recent assaults were related

Do you understand the risks of your job? And are you taking steps to mitigate them? to family law and business/solicitor matters, but no lawyer is immune to possible harm from a disgruntled client, opposing party or unrelated critic. You have likely known that for a long time, but with these attacks I hope you have a clearer sense of what it really means. CBABC has a webpage dedicated to tips about security, but here is some basic advice: Consider an unlisted phone number and address, especially

if you practice in a contentious area of law. Be careful about your privacy settings on social media (and advise your family members the same). Take basic physical security steps at work and home, including deadbolts/ security systems, use well-lit parking areas, and have procedures in place at work and home for dealing with suspicious packages. Always carry a cell phone. If you think you might have reason to be concerned, make sure your family members do too. Avoid the temptation to get vanity car plates that identify you or your occupation. Many bar associations list that as one of their first risk factors for harm. Talk to someone if your gut/intuition tells you a person may be a risk to you or your family. Don’t wait for more facts to “build your case.” The recent traumatic events were very case-specific but there is no question that they have served as a useful reminder to think hard about our own vulnerabilities, both at work and home. From all of us at CBABC: take good care.

Caroline Nevin

cnevin@cbabc.org AUGUST 2015 / BARTALK 5

practicetalk DAVID J. BILINSKY

Digital Transfer of Property

What does this mean in terms of lawyers? I can still hear you saying You would never break the chain... r r

– Music, Lyrics and recorded by: Fleetwood Mac

here has been much talk about technology and artificial intelligence agents replacing lawyers, in terms of being better and faster at what we do. However, one topic that hasn’t been mentioned a great deal is technology replacing the need for lawyers. Take real property transfers for example. Imagine, if you will, a system where you sign onto a computer, enter some information and voilà, the title to a property is transferred along with a payment in Bitcoin, the cyber-currency. The transfer doesn’t go to a government-run database, rather the transfer takes place using the Internet distributed database created using the Blockchain, which is the underlying technology used in Bitcoin. No lawyers are needed since the Blockchain technology verifies the title transfer and “locks” the transfer into the Blockchain database where it can be verified by any user. Sound far-fetched? Well the Government of Honduras has announced that it is doing just this. And it is not alone. According to SiliconAngle.com, a “Texas company by the name of Epigraph which specializes in extending the power of Blockchain technology to build transparent, tamper-proof, next generation title registration solutions for domestic and international organizations” will be creating such a land transfer system for Honduras. Now Honduras has a dubious record when it comes to fraud. They are turning to Blockchain technology because, according to Peter Kirby, the President of Blockchain

6 BARTALK / AUGUST 2015

company, Factom, “by building Blockchain title records with appropriate safeguards, Honduras will have a system that would allow for more secure mortgages, contracts, and mineral rights, without the problems experienced in the immediate past.” If this project succeeds, it will be a precedent not only for real estate registrations but potentially any form of property where transparency, security and verification of ownership is vital. Using Blockchain technology, transaction costs are low and parties can do transfers themselves. The Blockchain, it is believed, “cannot be hacked.” This isn’t the only project based on the decentralized Blockchain technology that potentially changes the legal landscape. Blog.factom.org lists several projects such as: an anti-corruption tool in Kosovo to build a cryptographic record proving records have not been corrupted in the land municipal registry database; a music

authentication system to verify intellectual property rights and an identity management system for banks. The Isle of Mann has started formally registering companies on Blockchains of their own, according to newsbtc.com/2015/05/19/ countries-adopt-blockchain-land/. The bigger question is, if Bitcoins can be transferred without the need for banks and bankers, what does this era of digital property registration mean for lawyers and law firms? Does the security and verification ability of the Blockchain technology eliminate the current need for expensive government databases, title insurance and lawyers? Governments and industry are going to great lengths to ensure that Blockchain technology is reliable and strong enough for property transfers. If indeed, no one can break the chain, does this echo in a diminished need for lawyers? Hat tip to Euan Sinclair at Lawson Lundell for this column. The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.

David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: thoughtfullaw.com

GO ONLINE FOR MORE INFORMATION

dave’s techtips What about the Blockchain and its potential use and implications in the legal sector? Here is a taste of what could be in store. WHAT IS THE BLOCKCHAIN? According to Wikipedia: “A Blockchain is a distributed data store that maintains a continuously growing list of data records that are hardened against tampering and revision, even by operators of the data store’s nodes. The most widely known application of a Blockchain is the public ledger of transactions for cryptocurrencies, such as Bitcoin. This record is enforced cryptographically and hosted on machines running the software.” SMART CONTRACTS: One of the potential uses of Blockchain technology is to create Smart Contracts. What are Smart Contracts? According to Jay Cassano writing for Fastcolabs.com: “Smart Contracts are computer programs that can automatically execute the terms of a contract. Someday, these programs may replace lawyers and banks for handling certain common financial transactions.” No wonder that Smart Contracts have been described as

“Cryptocurrency’s Killer App.” How do they work? A Smart Contract is a computer program. Unlike most computer programs, they can interact with real-world assets. But it is the link with cryptocurrencies such as Bitcoin that give Smart Contracts their legs. The Smart Contract can trigger payments when a pre-programmed condition is triggered. One example discussed combines the Smart Contract with Bitcoin and the “Internet of Things” where physical objects are connected to and interact with the Internet.

Let us assume that the physical object is a car, purchased on credit from the auto dealership. The client and the dealership enter a “Smart Contract.” So long as the finance payment (in Bitcoin) are paid on time, everything is great. If the Bitcoin payment is not paid on time, the Smart Contract triggers the digital car keys to stop working through the Internet. The car transmits its location

to the towing company who can come and get it. No collection proceeding, no lawyers and no court. The argument for Smart Contracts reaches into providing financing to those who could not otherwise qualify, given the risk. The theory runs that if the cost of collection falls to near zero, then banks and other lenders might make loans to otherwise disadvantaged people to purchase “smart property.” None of this has been tested into court and will most probably require some legislative changes. But that hasn’t stopped people from working on this: “There are currently two major open source projects working on Smart Contracts, both of which have taken big leaps forward this year. One is called Codius and the other is Ethereum. Codius was developed by Ripple Labs, which also created its own digital currency called Ripple. Codius aims to be interoperable between a variety of cryptocurrency, such as Ripple and Bitcoin, although it is managed by the private company.” Lawyers may have to morph into the creators of Smart Contracts. © 2015 David J. Bilinsky

AUGUST 2015 / BARTALK 7

nothingofficial TONY WILSON

Confederation Day?

Perhaps we should be renaming “Canada Day”

am actually writing this column on July 1, which we used to call Dominion Day. A few of you may know that on July 9, 1982, at around 4:00 p.m., moments before the beginning of the summer recess in Parliament, and with only 13 members present in the Commons, Bill C-201 was quickly given second and third reading by unanimous consent (the Tories hadn’t yet arrived to vote against it) and the House immediately adjourned for the summer. Thus, by a vote of 13-0, Dominion Day became Canada Day. Frankly, I don’t mind us getting rid of many of the vestiges of the British Empire (other than the Pythons, Pith Helmets, Rowan Atkinson and Pimm’s No. 1 Cup), so Dominion Day, like the old flag, was probably due for a reboot. Canada Day, however, is a bit of a smiley-faced name for a national holiday, isn’t it? Perhaps if those 13 MPs hadn’t been in such a rush to outmaneuver the opposition, they would’ve thought about better branding options for our fête national. I prefer to call it “Confederation Day” and hopefully start a trend. “Canada” existed well before 1867 in its Upper Canadian, Lower Canadian, and Unified manifestations, so “Canada” is at least 85 years older than 1867 (and even older if you include the establishment of New France). Ironically, when Dominion Day was in use, it was called “Le Jour de la Confédération” in Quebec. I like that, in both official languages. To me, it’s the creation of the federal state in 1867, and the subsequent addition of BC and the other chunks of British North America that we should celebrate. The fact that 148 years after Confederation, 10 provinces and three territories eventually married and stayed married without blowing up (literally and figuratively), is to be celebrated, especially when it would have been so easy (and yet so sad) to have packed it all in

8 BARTALK / AUGUST 2015

and joined the Excited States of America. Look at it this way: “Independence Day in the U.S. celebrates a very messy divorce. But “Confederation Day” would celebrate a marriage! And without that marriage, Canada would be a historical footnote. Yes, there have been marital spats along the way, (principally with Quebec), and there have been deplorable events in our history, including the treatment of the First Nations, the internment of Japanese Canadians during World War II, and the pathetic conditions suffered by Canadian soldiers at Kinmel Park in Wales in the months before and after the 1918 Armistice (my Great Uncle died there a week before the war ended, hence I mention it so it isn’t forgotten). But we should be happy that Canada, despite its sins, didn’t arise from anything particularly bloody or violent, like the American, Russian, Chinese or Iranian Revolutions. Heads weren’t chopped off

in Canada and put on pikes lining the streets, as they were during the French Revolution (the subject of a poem, I recall, by the great Canadian poet, WB MacDonald). Some expats I know say that Canada is superficial, irrelevant or inconsequential. If that were the case, people wouldn’t be lining up around the block like a Keg Steakhouse in the 70s to immigrate here. Vancouver wouldn’t regularly be among the top three places on the planet to live. In a world gone mad (or insolvent, or both), Canada is safe. Canada is stable. It’s wealthy without being Trumpishly ostentatious. You can make a good life here, raise your kids and eventually retire. I also like the fact that our Supreme Court, devoid of crass partisanship, is a bastion of common sense and isn’t shy about speaking truth to power. Whether its permitting pot for medicinal purposes, effectively declaring Mahar Arar a child soldier, allowing death with dignity, or educating the powers-that-be about the limits to that power (à la Nadon), I’m thankful it makes the tough decisions the politicians are afraid to make, going where angels, pollsters and ideologues fear to tread. Something to remember on next year’s “Confederation Day.” The views expressed herein are strictly those of Tony Wilson and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.

guest REBECCA MORRIS

Encouraging a Dementia Friendly Practice The importance of planning for dementia

id you know that by 2030 the number of people living with dementia in BC will more than double? As the rates of dementia grow, we will all be affected – as community members, friends, family members or colleagues. But not many of us stop to think about what that might mean for lawyers. Barbara Lindsay, the Alzheimer Society of BC’s Director of Advocacy & Education and member of the CBABC, is working with the legal community in BC to encourage them to think about making their practices dementia friendly. Ms. Lindsay describes herself as “a lawyer whose passion is for people rather than paperwork” and has dedicated her career to advocating for people with dementia, and their families. At the Society, Ms. Lindsay is responsible for planning, implementing and evaluating public policy, liaising with government agencies, and assisting staff in the work the Society does to support people affected by dementia with their advocacy and legal planning. “More than 70,000 people in British Columbia currently live with dementia, and many live in the community for a long time, able to maintain a good quality of life with some support. People’s risk for developing dementia increases as they age. However, it is a misconception that dementia

only affects older adults. In fact, it is estimated that more than 10,000 people with dementia in BC are under the age of 65,” Lindsay explains. Different types of dementia are caused by various physical changes in the brain. Alzheimer’s disease is the most common, accounting for approximately two-thirds of all dementias. Other types of dementia include vascular dementia, Lewy body dementia, frontotemporal dementia (including Pick’s disease). There are many others. Through funding from the Notary Foundation and with the help of a committee of experts, the Society has created Making Your Workplace Dementia Friendly: Information for Legal Professionals. This resource is designed to help lawyers and other professionals in the sector understand and recognize the signs of dementia, and learn how to communicate in an effective, respectful way. It encourages legal professionals to think about specific ways they can support people with dementia in their work and consider how to make their workplace more welcoming and accessible for people living with dementia. “Many lawyers who practice in the estates field have been thinking

about capacity and taking instructions for a long time. But more recently, I began to hear that even colleagues working outside of that area were concerned about clients who were showing signs of dementia and wanted to know how to manage that. We really wanted to develop a resource that could help the legal community work with people with dementia in a way that is supportive, personcentred and recognizes that people with dementia need legal counsel. They are often capable of providing instructions,” says Lindsay. The Society has also developed a series of legal and personal planning tools to help people with dementia and their caregivers plan for their future. People with dementia or caregivers who would like to explore options for personal, legal, health and financial planning can download “Freda’s Story: Living Alone and Finding Help on the Dementia Journey,” or “Cam and Sally’s Story,” alongside “Getting Your Affairs in Order.” Please contact the Alzheimer Society of BC for more information or to learn more about the Society’s Dementia-Friendly Communities initiative: dementiafriendlybc@alzheimerbc.org or 604-742-4939. Barbara Lindsay (pictured above) is the Alzheimer Society of BC’s Director of Advocacy & Education. Rebecca Morris is the Provincial Coordinator for Advocacy and Public Policy at the Alzheimer Society of BC. AUGUST 2015 / BARTALK 9

sections SECTION UPDATE

Keep Current A review of provincial Section meetings Constitutional/Civil Liberties Meeting in Review: May 21, 2015 Speaker: Gareth Morley, Ministry of Justice, Legal Services Branch Topic: Sounds of Silence: Unwritten Constitutional Principles after Trial Lawyers of BC

CCCA BC & International Law Meeting in Review: May 25, 2015 Speakers: Anne Wittman, Shareholder Association for Research & Education and Wendy King, VP Legal, Governance and Risk – Capstone Mining Topic: Why Human Rights is part of a Corporate Counsel’s Job

Commercial & Real Estate – Okanagan Meeting in Review: May 28, 2015 Speaker: Jennifer Thorne of Jennifer Thorne Law Topic: Marihuana for Medical Purposes Regulations

Constitutional/Civil Liberties May 21, 2015, the ConuOn stitutional/Civil Liberties Section had the benefit of a lunch hour presentation in Victoria from Gareth Morley of the Legal Services Branch of the Ministry of Justice. Mr. Morley was cocounsel for the Attorney General of BC in the Trial Lawyers of BC appeal to the Supreme Court of Canada. The presentation was offered by live webinar and described the history of unwritten constitutional principles from the United Kingdom, following through the receipt of the concept in Canada when the British colonies had the desire to be federally united “with a Constitution similar in principle” to that of the UK. Mr. Morley continued with a description of the consideration and application of unwritten principles by Canadian appellate courts both prior to and after the enactment of the Constitution Act, 1982, including the Charter of Rights, and concluded with a review of the SCC consideration of access to justice in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, [2014].

CCCA BC & International Law Criminal Justice – Vancouver Meeting in Review: June 11, 2015 Speakers: Robert H. Wright, QC, Criminal Appeals and Special Prosecutions, Richard C.C. Peck, QC, Peck and Company, William B. Smart, QC, Hunter Litigation Chambers Law Corporation Topic: Lasting Legacies of the “Air India” Mega-Trial

10 BARTALK / AUGUST 2015

On May 25, 2015 Anne Wit-

utman and Wendy King led an

interesting presentation. Anne leads SHARE’s law reform and advocacy programs. Her responsibilities include shareholder engagement and proxy voting. Anne provided a primer for Corporation Counsel on Human Rights.

Wendy is responsible for managing the legal function at Capstone, in addition to leading matters relating to corporate governance and overseeing the enterprise-wide risk management strategy. Wendy provided practical advice regarding recent developments in Human Rights such as the Hud Bay and Tahoe cases. The joint meeting was well attended by members. The Section Executive welcomes new members to enroll and take part in next year’s meetings.

Commercial & Real Estate – Okanagan On May 28, 2015 Jennifer

uThorne of Jennifer Thorne

Law presented to the Commercial & Real Estate – Okanagan Section about the Marihuana for Medical Purposes Regulations, including a primer on the law, a case law update, and industry practice points. The presentation included a detailed overview of the licensing process from initial application to production, focusing on the key requirements at each stage with information for lawyers and clients alike about initial business structure, site selection, key personnel, and potential costs through each stage of the process. It was a very interactive meeting with lots of Q&A and Jennifer’s experience in assisting clients through the process was evident in her great practice tips. The Commercial & Real Estate – Okanagan Section meets approximately 5-7 times per year. For 2015-2016, the proposed topics include environmental reports, unique and rare title notations, and the impacts of the Tsilhqot’in decision.

Criminal Justice Vancouver On June 11, 2015 the CBABC

uCriminal Justice – Vancouver

Section hosted their annual year-end dinner. The panel of speakers, Robert H. Wright, QC, Richard C.C. Peck, QC and William B. Smart, QC, discussed the landmark “Air India” trial, Canada’s first major terrorism trial. The presenters spoke about lasting legacy and lessons learned from this unique “mega-trial.” Robert H. Wright, QC, a leading member of the Crown’s team on the case, discussed the enormous challenge of reconstructing a crime scene from remains of the plane retrieved from the North Atlantic. Innovations in evidentiary and trial techniques were also discussed, including replicating the bombing using an actual aircraft, and hearing expert evidence outside of the courtroom in a warehouse where the hull of the plane was recreated. All of the

panelists touched on the human cost of this crime and the singular experience of being involved in a case with lasting repercussions on our society. The dinner was well attended and provided members of the Criminal Justice Section a chance to network before summer. For CBABC members, more detailed information and available minutes from the Section meetings are online at cbabc.org under CBABC Sections & Forums. UPCOMING SECTION MEETINGS Looking for upcoming Section meetings? Check the online Sections Calendar or the CBA PD Resource site regularly as new meetings are added daily. Enrolled members automatically receive notice of their Section’s meetings by email. Enjoy the benefits of membership and enroll in Sections today. CBA members are reminded to keep their profiles up to date with the Branch to ensure they receive notices.

SECTION NEWS

Section Enrollment is OPEN TODAY! Section Enrollment Fees? No additional cost to enroll in Sections. Your CBABC membership will include unlimited access to all 78 BC and 41 National Sections and Forums.

National Sections and Forums. Why should you enroll? Enroll in your preferred Sections to receive all regular Sections communications and updates!

When is the deadline to enroll in Sections? Enrollment for the 2015/2016 is available online now! There is no official deadline to enroll, however, we do recommend that enrollments are submitted before mid-September!

Are you a CBA member outside of BC? CBABC offers many Section meetings remotely accessible by webinar and/or teleconference. CBA members outside of BC pay the BC Branch levy and are welcome to participate in BC Section activities.

AUGUST 2015 / BARTALK 11

features ANNE M. STEWART, QC AND JENNIFER W. CHAN

When to Walk Away and When to Run Saying no to potential clients

n the grand tradition of the Bar, a sense of justice and professional responsibility gave root to the concept that lawyers should accept any potential client in need of their services. Renewed calls for lawyer participation in facilitating access to justice also encourage lawyers to serve the public through legal representation. Financial considerations in an unsteady economy may entice lawyers to assume a broader range of new clients. There are many reasons to accept new clients, and doing so is and always has been a cornerstone of our profession. However, there are also many reasons to say no. Some of these reasons are evident in the Law Society of BC Code of Professional Conduct (the “Code”). For example, a lawyer cannot take on a new client where there is a conflict of interest, except as expressly permitted in the Code (Code, s. 2.1-3, s. 3.4). The Code is also clear in stating that a lawyer must not take on a matter if he or she is not competent to handle it and could not become competent without undue delay, risk or expense to the client (Code, s. 2.1-3, s. 3.1-2). Other reasons for saying no may not be as apparent. Understanding these reasons requires a lawyer to consider his or her personal values, as well as to examine the client and the situation

12 BARTALK / AUGUST 2015

at hand. Through the Code, the Law Society of BC sets a common standard of professional responsibility for all BC lawyers and endeavours to maintain the public’s confidence in lawyers as a group. Our obligations (and reputations) are based on offering undivided loyalty to a client’s cause and to advancing our client’s interests to our utmost ability. Fulfilling this obligation may not always be possible. If a lawyer’s personal values are inconsistent with the client’s cause, and this prevents the lawyer from providing his or her highest service, the lawyer ought not to take the retainer.

Saying no to a potential client can be difficult, but sometimes it is the right and only choice to make. Considering who the client is may also give reason to say no. Canadian sanctions legislation prohibits acting for certain clients, with high penalties for doing so. In addition, the Law Society

frequently issues alerts advising lawyers of scams involving fraudulent clients. Priority should be given to reviewing these alerts and taking measures to avoid falling prey. Sometimes, however, fraudulent activities may be masked by an apparently legitimate engagement. For example, we know of a lawyer who was approached by a person seeking assistance which included legal research related to the detection of money laundering. While this may have been legitimate, the client’s behaviour

and questions caused the lawyer to feel suspicious, and the lawyer ultimately refused the work. A few months later, the lawyer’s gut instincts were proven correct when a news article reported that this person had been charged with fraud. Saying no to a potential client can be difficult, but sometimes it is the right and only choice to make. Anne is a partner at Blakes advising on major transactions and is a past member of the Ethics Committee for the Law Society of BC. Jennifer is an associate at Blakes focusing on infrastructure and commercial real estate and sits on Blakes’ Ethics Committee.

JEAN WHITTOW, QC AND MARK BUSSANICH

The Law Society’s Investigative Powers And what they mean to you

SNAPSHOT OF COMPLAINT INVESTIGATIONS: YOUR DUTIES AND THE LAW SOCIETY’S POWERS

awyers must respond fully and substantially to all requests (Rule 3-5[7] of the Law Society Rules [the “Rules”]). Over the last few years, the Rules have been expanded to clarify lawyers’ obligations to cooperate. The Rules now require lawyers to produce files, documents or records for examination or copying. In addition, lawyers may be required to attend an interview or have their staff respond to questions and provide information (Rule 3-5[8]). Records and information must be produced to the Law Society even if subject to solicitor-client privilege (ss. 87 and 88 of the Legal Profession Act [the “LPA”], Rule 3-5[11]). The Law Society must in turn protect members’ clients’ privilege.1 If a lawyer fails to fully cooperate with any investigative steps, he or she could be subject to a summary citation (Rule 3-8[4]) or suspension (Rule 3-6). In extraordinary cases, a lawyer may be subject to conditions, limitations of practice or suspension even before the investigation has concluded (Rule 3-10). Similarly, the Law Society may seek medical examination of a lawyer to

determine a lawyer’s ability to practice law (Rule 3-11). The LPA also enables the Law Society to make an order requiring a person to attend and/or produce documents or records. A person subject to such an order is liable to contempt for failing to comply. Note that this section is not limited to lawyers.

WHAT DO THESE BROAD POWERS MEAN TO LAWYERS?

While the Law Society’s investigative powers may seem onerous, they are standard fare in modern professional regulation regimes. These types of powers are consistently upheld by the courts. Complaint investigations used to involve an exchange of correspondence between the Law Society, the lawyer and the complainant. With its expanded powers, in addition to seeking written responses, the Law Society is much more likely to demand production of files and conduct interviews of the lawyer and any other relevant witnesses. The importance of a complete, thoughtful and balanced response

to a complaint cannot be overstated. It will be well worth the time and effort. If you are asked to attend for an interview, here are a few points to keep in mind: 1. Your statements at the interview will be treated as admissions. 2. Prepare carefully for the interview. Know your file and the complaint correspondence. Make sure you understand the issues being investigated. 3. A regulator’s disclosure obligations are much lower in an investigation than in a discipline hearing. Consider whether there are documents you want to obtain from the Law Society in advance of the interview. 4. You have a professional obligation to tell the truth. Lawyers who attempt to mislead the Law Society during an investigation may be subject to disciplinary action. Lawyers who make mistakes because they are not wellprepared create a painful and time-consuming diversion to the investigation process. 5. After the interview, get a copy of the transcript of the interview and review it. If you made a mistake, notify the Law Society of the correction. Lastly, and perhaps most importantly, consult counsel. The CBA has a list of lawyers who are familiar with the Law Society’s investigation processes. A lawyer is not required to produce records or information that are subject to privilege between him or her and his or her own lawyer.

Jean Whittow, QC is in private practice in the field of professional regulation. Mark Bussanich is a staff lawyer in the Professional Conduct Department at the Law Society of BC. AUGUST 2015 / BARTALK 13

feature JUDITH M. POTTER

Judith Potter’s 11 Tips For new lawyers

ugene, from the Supreme Advocacy LLP, asked Judith after a law-related meeting if she’d write 10 things she’s learned, in her almost 2 1/2 decades, that young lawyers can learn from and thereby benefit from the experience and expertise of a senior member of the Bar (hey, I realize she’ll be emailing me in a minute or two to tell me off about “senior” – she’s “not senior, simply mature,” I can hear her tell me). Judith took this seriously – consulted with colleagues – which is why she added an 11th tip in her latest draft. “Some of these tips are from my own experience, others come from colleagues. All are helpful especially to those new lawyers starting off in their own practices or in small firms,” said Judith.

sistant (if you have one) to deal with these issues; find the courage to do it yourself – makes for a more trusting lawyer/client relationship.

1. GET YOUR ACCOUNTS

4. NETWORK. GET INVOLVED.

3. BE RESPECTFUL

Remember, lawyering is a service business. Your job is to give advice based on your client’s instructions. That means your clients need to know and understand the information on which to base their instructions. Give it to them. Answer their questions. That is part of the job. Keep in mind that the public likes to hate lawyers in general, but they want to like and have confidence in their own lawyer… and that leads to word of mouth referrals.

This is so important. You need funds to run your practice and when you do not bill you do not get paid.

Join legal organizations and other groups of interest. These are not only sources of business referrals but are also excellent sources of expertise and advice.

2. BE UPFRONT WITH CLIENTS

5. DON’T BE AFRAID TO ASK

That includes how, when and what is billed. Clients respect you more when you are clear from the outset as to what you charge and what is expected of them i.e. retainers, replenishing retainers, disbursements, etc. Don’t rely on your as-

As a new lawyer you will be as current as anyone regarding substantive law. What others can provide is invaluable advice regarding strategy, process and experience

OUT PROMPTLY

ABOUT MONEY

14 BARTALK / AUGUST 2015

FOR ADVICE, FROM COLLEAGUES, CO-WORKERS AND ESPECIALLY, FROM SENIOR LAWYERS

be it the vagaries of your local court office or where to find the best resources for any given file. Being able to brainstorm through an issue with a senior member of the Bar can save you time, money and stress. Believe me, they are approachable. Who isn’t flattered to be asked for advice?

6. MAKE DETAILED NOTES,

ESPECIALLY ABOUT ADVICE YOU HAVE GIVEN TO A CLIENT

Sometimes a follow-up letter/ email confirming the contents of your discussion and action plan agreed upon is helpful. If clients are stressed they don’t always take in what you are explaining while meeting with them.

7. MANAGE CLIENT EXPECTATIONS

It is important to return telephone calls and emails promptly but that doesn’t mean you have to respond to their evening and weekend communications unless they are urgent. You can usually tell from the “re” line whether it is something you need to read and perhaps respond to right away, especially in a high stress situation.

8. DO NOT ALLOW YOUR WORK TO CONSUME YOU

Put parameters in place. We are all busy but working into the wee hours should occur only when absolutely necessary and should be infrequent. Balancing your physical and emotional needs along with your responsibilities is a learning process but is essential to staying healthy.

9. “LITIGATION IF

NECESSARY BUT NOT NECESSARILY LITIGATION.”

Don’t feel that you have to be an attack dog to be respected by your clients or other counsel. Try to resolve the issues before running off to court. Remember that settlement means you have to give something to get something. You want to do the best for your clients but sometimes what is best for their satisfaction and peace of mind is resolution and being able to get on with their lives.

10. CONSIDER READING “THE

CURMUDGEON’S GUIDE TO LAW” BY MARK HERRMANN

Recommended by a colleague and especially helpful for new lawyers starting out in big firms. Herrmann’s advice can be summed up as follows: “the single most important rule for a new lawyer… the

Golden Rule: Do unto others as you would have them do unto you. Think about everything you do from the other person’s perspective. Be reliable, thorough and trustworthy.”

11. I AM ADDING AN

11TH TIP WHICH CAME FROM A COLLEAGUE

It doesn’t apply to all new lawyers, but for those to whom it does I felt it was worth including, because it is so true and so important to hear when starting out. Don’t wait until you have established your practice before deciding to start a family if that is what you want to do. By the time you are at that stage you may no longer have the option. In other words, as I always told my young colleagues, there is no good time so just get started. You will find a way to manage having a family and a career if that is what you choose to do. As the saying

goes “where there’s a will there’s a way.” I am sure that every lawyer out there would have their own important tip to add to this list. They are simply intended as helpful suggestions. The most important thing to remember is to have faith in yourself. You graduated from law school, passed the Bar exams and, in doing so, proved that you have the right stuff. Know that. Believe that. Keep putting one foot in front of the other and before you know it you will look back and marvel at how far you have come. Enjoy the journey. Judith M. Potter was a family law practitioner for 24 years and is now practising administrative law for tribunal hearings. This article was originally printed in the Supreme Advocate LLP – Issue #6.

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Bar Talk

Material: May 8, 2015 Insertion: June 2015

feature CASEY L. LEGGETT

The Risk of Concurrent Jurisdiction In foreign corruption cases

he prohibition against bribing public officials has always existed under Canadian criminal law. The Criminal Code includes a number of offences aimed at influence peddling (notably at s. 121). In 1999, Canadian law explicitly created an offence for bribing foreign public officials when Canada passed the Corruption of Foreign Public Officials Act (the “Act”). One central feature of transnational criminal law, including investigations and prosecutions under the Act, is the potential for a multijurisdictional dispute. Many countries have foreign corrupt practices legislation and some have broad extraterritorial jurisdictional provisions, in particular, the Foreign Corrupt Practices Act (the “FCPA”) in the US and the Bribery Act in the UK. American and British legislation permit courts to take jurisdiction under a very broad interpretation of the nationality principle. This means that regardless where the offence was committed, if the accused is, say, American or British, or if a corporation is incorporated in America or Britain or is a reporting issuer or carries on part of its business in these countries, then American and/ or British courts, as the case may be, may take jurisdiction. Under the FCPA, a non-US company may find itself subject to US corruption investigations because of some business activity that relates to the mis-

18 BARTALK / AUGUST 2015

conduct has a US connection, even though this connection is not otherwise substantial, for example, using US mail. Amendments to the Act, in force since 2013, have expanded the scope of the Act’s extraterritorial jurisdiction to capture cases that simply involve Canadian nationals (including companies incorporated in Canada), even where there is otherwise no real and substantial connection between the alleged offence and Canada. This is a significant departure from the R v. Libman test that previously applied to extraterritoriality, and has not yet been tested by the courts. Concurrent jurisdiction is a reality to be mindful of from the earliest stages of an investigation, right through to settlement talks. The issue is particularly important when one considers the different approaches states take to international double jeopardy. In Canada, the Charter s. 11(h) rule against double jeopardy also applies internationally so that, if an individual is tried and convicted (or acquitted) of foreign corruption in one country, there is a general bar against re-prosecution in Canada (subject to the exception at s. 5[5] of the Act). However, this is not the case in other countries, most notably in the

United States. In United States v. Jeong, 624 F. 3d 706 (2010), a South Korean national was tried and convicted in South Korea for paying bribes to American public officials. He served a jail sentence in addition to having to pay a fine. US prosecutors specifically noted in a request for information from the South Korean government that they were aware that Mr. Jeong had been convicted in South Korea and that they were not seeking to prosecute him. Despite this assurance, upon travelling to the United States, Mr. Jeong was arrested, indicted for bribery and conspiracy and sentenced to five years’ imprisonment and to a $50,000 fine for the same conduct that led to his imprisonment in South Korea. The potential for concurrent jurisdiction should be identified promptly to maximize the effectiveness of an internal investigation. Any preindictment advocacy or settlement discussions under the Act should take into account all countries that may have concurrent jurisdiction over the same conduct. In global settlements for corruption charges, it is important that the country that does not recognize international double jeopardy have a central role in settlement discussions (see also: Tyler Hodgson, “The Gift that Keeps on Giving,” Journal of Financial Crime, Vol. 19 Issue 4). Casey L. Leggett is a criminal defence and human rights lawyer at Martin+Associates in Vancouver with a practice focus on transnational criminal law.

JOHN SMITH AND KELLY FARISH

Conflicts After McKercher Notable cases in the two years since the SCC’s decision

he Supreme Court of Canada (SCC) confirmed in Canadian National Railway Co. v. McKercher LLP, 2013 SCC 39 (“McKercher”) the dimensions of the duty of loyalty owed by lawyers: (1) avoid conflicting interests, (2) commitment to the client’s cause and (3) candour. The SCC confirmed the “bright line rule” may disqualify a lawyer from representing a client whose interests are directly adverse to the immediate legal interests of another client, even on an unrelated matter, unless both clients consent. If the bright line rule does not apply, counsel still has to consider whether possession of confidential information prevents the representation. In the post-McKercher cases there are few instances of the bright line test being applied, and many more cases considering whether the possession of confidential information results in disqualification. The bright line test was recently applied in Trillium Motor World Ltd. v. General Motors of Canada Limited, 2015 ONSC 3824 (“Trillium”) where a substantial damages award was made against a law firm. (See also Kastner v. Fairfax Partners Corp., 2015 ONSC 3365 where counsel was disqualified for acting “at the very least, for a few hours” both for and against Fairfax.)

Most of the post-McKercher cases arise in the litigation context. Some do not involve direct adversity. For example, in R. v. I.A., 2015 ONSC 1765, the Crown successfully applied to remove counsel for a criminal defendant because counsel had previously represented a Crown witness on other criminal charges. Many cases have addressed the confidentiality measures required to permit representation when a potential conflict is identified. The main relevance of McKercher in such cases is its reaffirmation of MacDonald Estate v. Martin, 1990 CanLII 32 (SCC). In HMTQ v. Imperial Tobacco Canada, 2013 BCSC 1963, one of the partners of the plaintiff’s firm had previously acted as counsel for the defendant on the same matter while at a previous firm. The firm established password protection on electronic files, a protected server for the litigation, and a room that could not be accessed by the conflicted lawyer. A retired British Columbia Supreme Court (BCSC) judge advised on the confidentiality protocol. The BCSC found that a reasonably informed person, knowing the measures that were put in place, would be satisfied that there was no risk that confidential information would be abused.

McKercher also considered the issue of a party spreading work across different firms and then seeking to disqualify those firms. In MediaTube Corp. v. Bell Canada, 2014 FC 237, Bell sought to disqualify counsel for MediaTube because they had previously acted for Bell ExpressVu and Bell Media, subsidiaries of Bell Aliant. The Federal Court, in a well-reasoned and thorough analysis, found that “there are circumstances where a law firm may owe duties to related corporations, but these circumstances

do not exist in this case.” While it was a fact-dependent analysis, it demonstrates the necessity of knowing who your client is and ensuring that is accurately reflected in the retainer. That issue was also of critical importance in Trillium, above. It seems safe to say that McKercher was not the last word, but perhaps we now have as much guidance from the SCC as the lower courts need. John Smith is the Chair of the Conflicts and Ethics Committee at Lawson Lundell LLP. Kelly Farish is an associate in the Research and Opinions group at Lawson Lundell and has presented on legal ethics. AUGUST 2015 / BARTALK 19

feature CBABC PROFESSIONAL DEVELOPMENT

How to be Ethical and Civil in the Practice of Law

Ethics and professional responsibility in BC

wareness and understanding of ethics and professional responsibility is of the utmost importance for every member of the legal profession in British Columbia. It guides a lawyer’s daily conduct, ensures compliance with relevant legislation and codes of conduct, safeguards against insurance claims or disciplinary action, and maintains a positive relationship with clients and a healthy reputation in the community. Ethical and professional responsibility standards have been a strong component of the legal profession in Canada for many years and codified standards have existed since at least 1920. There are a variety of sources of guidance in regards to ethics and professional responsibility for lawyers in British Columbia. These include: PROFESSIONAL CODE OF CONDUCT FOR BRITISH COLUMBIA (BC CODE)

Published by the Law Society of British Columbia, the BC Code is the primary source of guidance for ethics and professional responsibility. The BC Code was adopted in January of 2013 and is binding on all members of the profession in the province. 20 BARTALK / AUGUST 2015

LEGAL PROFESSION ACT, S.B.C. 1998, C.9

While not specifically addressing matters of ethics or professional responsibility, the Legal Profession Act is the governing legislation for all lawyers in British Columbia and

is therefore a useful document to consult when dealing with ethical or professional responsibility issues. MODEL CODE OF PROFESSIONAL CONDUCT

The Federation of Law Societies of Canada has approved a Model Code of Professional Conduct that has been implemented by the Law Society of British Columbia on January 1, 2013. CIVILITY IN THE COURTROOM: ESSENTIALS FOR TRIAL LAWYERS

Civility in the courtroom is an integral part of the trial process. Lawyers have a moral and ethical duty to display good manners and professional decorum in court

toward fellow lawyers, litigants and the court. However, in the heat of the adversarial process, trial counsel can find themselves behaving without civility. In a CBABC Professional Development webinar, Mr. Justice Frits E. Verhoeven of Supreme Court of British Columbia and Claire E. Hunter, a trial counsel, discussed the practical sides of civility in court: What demonstrative conduct by counsel is off-side in court How to use technology in court with respect How to properly respond to uncivil conduct in court by self-represented litigants How to prepare your clients to be civil in court Using practical examples, insights from the literature, law and court practice and scenarios, Mr. Justice Verhoeven and Ms. Hunter took participants through common “un-civil” and unprofessional situations in court, and showed them how trial counsel could respond respectfully and ethically to such conduct. If you missed the Civility in the Courtroom: Essentials for Trial Lawyers live webinar, you can catch this informative and practical session on Webinar Repeat. CBABC Professional Development offers two E-Learning On Demand modules on “Ethics and Professional Responsibility in British Columbia.” Module 1: Canons of Legal Ethics and Client Care Module 2: Administration of Justice, Supervision, The Profession

guests What Lawyers Do in the Community Here and abroad

Laura Atkinson, associate family law lawyer with Brown Henderson Melbye in Vic-

toria, volunteers her time in her community both in the legal field and beyond. Laura is on the Board of Directors for the Victoria Women’s Transition House, a society which works to end violence in relationships. Laura is also a Director with African Leaders of Tomorrow, a tremendous organization which supports orphans in Tanzania to pursue high quality education. For the past eight years Laura has volunteered with Easter Seals, most recently as part of the organizing committee for the 24-Hour Relay, which raises money to send children with disabilities to summer camp. Laura has been on the Executive of the CBABC Young Lawyers – Victoria Section for four years and is currently the Chair of that Section. She is Vice-Chair of the CBABC Family Law – Victoria Section and has been part of the Executive for the past two years. Since 2012, Laura has volunteered with Access Pro-Bono, providing free legal advice to clients through that program, and she has been a participant/fundraiser for Access Pro-Bono going public since 2013. For the past two years Laura has been a lawyer supervisor for the Access Pro-Bono student program for University of Victoria law students. Laura also currently acts as a lawyer supervisor for law students making court appearances as part of the UVic Law Centre clinical program.

Kim Karras, lawyer and managing partner of Brawn Karras & Sanderson,

dedicates her time to give back to the communities she has lived in. Why? Because she cares about people, and cares about making a difference in the lives of others. As far back as 1987, Kim served as a member of the Board of Trustees of her community hospital. From 1997 to 2001, she served on the Board of the Surrey Foundation, a community foundation connecting residents and donors to charitable initiatives that directly affect the vitality of the community. Her longest standing volunteer position has been as a member of the Board of Directors of the Peace Arch Hospital and Community Health Foundation (PAHCHF), joining the Board in 2000, serving as Board Chair 2004–2006, and recently returning for her 15th year. Kim not only donates her time and expertise to the Boards she serves on, but also regularly supports local charities financially. Kim is indeed a strong supporter and enthusiast of local causes and community initiatives. Kim gives back to the community she calls home, not because it is the right thing to do, not because she has to, but because she wants to. This is her way of making an important difference. Kim is grateful for her thriving practice and her success as a lawyer, but she also stands by her belief: with success comes the moral responsibility to give back to her community. The work she does in the community helps her understand the issues and needs of the people in her community. Reaching out in the community builds relationships, builds continuity, and a healthier, stronger, and more efficient on-profit sector. It is a win-win situation, and the rewards are far reaching. Top photo: Kim and her husband Howard Karras at this past May’s PAHCHF’s 2015 Partners in Caring Gala – “Code Blue for ER.” Kim’s firm was one of the sponsors and the Gala raised more than $1 million for the ER. Bottom photo: Kim (right) with her friend Dragana Sanderson (left) at the hospital Foundation’s 2014 Great Pumpkin Walk. Dragana is one of the Co-Chairs for the campaign for a new ER and also a past Chair of the Foundation’s Board. Every October the Run/Walk takes place over the streets of White Rock. In 2014, the event raised more than $75,000. AUGUST 2015 / BARTALK 21

news&events DID YOU KNOW?

Judicial Council’s 2014 Annual Report: Continuing Transparency in the Provincial Court Application Process As the Court’s eNews on 16/06/15 explains, a transparent appointment process is one of the ways Judicial Council tries to encourage applications for appointment to judicial office from lawyers with diverse backgrounds. Of note: In

EVENT RECAP

A Day at the Races at Hastings Racecourse in Vancouver

More than $10,000 was raised in support CBABC law school scholarships at A Day at the Races, held May 31 at Hastings Racecourse in Vancouver. Almost 100 guests dressed in their Derby finest to cheer on the horses as they thundered around the track. Thank you to Triple Crown sponsors (ProGroup Sales and Leasing, Dye & Durham and Narwal Litigation LLP) and Jockey Club sponsor (Law Society of BC). Proceeds from “A Day at the Races” will benefit the CBABC Law Student Awards providing financial support to students at BC’s three law schools who best exemplify the ideals that are served by the CBA.

22 BARTALK / AUGUST 2015

2014, for the first time, more women than men applied and were appointed Provincial Court judges in BC. In 2014, 15 applicants (five male and 10 female) included their ethnic and cultural information in their applications. Two indicated Aboriginal heritage, 12 indicated an ethnic or minority group, and 4 another “diverse group.” (Some indicated more than one ethnic background.)

CBA (BC) Benevolent Society Providing assistance to lawyers and articled students who have suffered an illness or injury. For more information cbabc.org/benevolent

UPCOMING CONFERENCE

NATIONAL MAGAZINE

2015 Canadian Conference on Elder Law

Raft of Female Judicial Appointments in June a Good First Step The Canadian Bar Association has long called for more female appointees to the country’s Benches. In June, it looked like the federal government might be listening. Last month, Justice Minister Peter MacKay announced a flurry of judicial appointments, some filling positions that had been left standing vacant for months – two in Manitoba had been vacant for more than a year – causing backlogs in courts at the family, civil and criminal levels. So the first good news is that those positions have been filled, leaving just 12 judicial vacancies across the country. The second good news is that more than half of the 43 June appointments were women.

Read more LawMattersDA.pdf

The Journey of Aging – The Law and Beyond Date: November 12-13, 2015 Location: The Pan Pacific Hotel, Vancouver DAY 1: CONNECTING ACROSS DISCIPLINE AND GEOGRAPHY

Join practitioners from law, social work, health care, finance, non-profit and other sectors from across the country and around the world to talk about the challenges and issues involved in working with older adults. DAY 2: KEY PRACTICE CHALLENGES AND HOT TOPICS IN LEGAL PRACTICE

Explore issues engaged in powers of attorney and substitute decisionmaking, health care decision-making and end of life care, mental capacity and dementia, elder abuse and neglect, and other challenging subjects that arise in representing older adults and their families. For further information and to register.

OCTOBER 2 1

7/10/2015

12:52:10 PM

CBA LEGAL CONFERENCE CALGARY, AB

CMY

AUGUST 14-16, 2015 Hone the three most vital dimensions of your career: the profession, the practice, and the personal.

IT’S NOT TOO LATE TO REGISTER AT: CBALEGALCONFERENCE.ORG

AUGUST 2015 / BARTALK 23

news&events EVENT RECAP

CBABC WLF NEWS

CBABC Women Lawyers Forum Ovarian Cancer Canada Walk of Hope on September 13, 2015 Come and be a part of the CBABC WLF Ovarian Cancer Canada Walk of Hope team. In BC, the Walk of Hope will be held on the same date in Vancouver, Victoria, Abbotsford, Kelowna, Kamloops, Chilliwack, Nanaimo and Duncan. The Vancouver Walk of Hope will take place at Queen Elizabeth Park. You can create your own team outside of Vancouver and still be included in our fundraising efforts by including “BC WLF” or “CBABC Women Lawyers Forum” in your team name. Joining our team is simple — all you have to do is follow this link: 2015 Ovarian Cancer Canada Walk of Hope. If you are unable to participate in the walk, you may also use this link to become a virtual walker or donate to support the CBABC WLF team. We are hoping that you will support the CBABC WLF in these efforts. Together we can make a difference — let’s raise the bar! For further information, contact Dana Turner-Ryan at dturner@smithsip.com.

NEWS

CLEBC Update FREE CLE-TV: THE NAKED LAWYER: BIG DATA REVEALS WHERE YOU ARE AT RISK CLEBC is pleased to partner with the Lawyers Insurance Fund (LIF) to present a free CLE-TV on Tuesday, September 22 from 12:00 p.m. to 1:00 p.m. Understanding why you are at risk in practice is a first, critical step in any risk management program. Using big data

24 BARTALK / AUGUST 2015

– 15 years of data, in fact – LIF provides a comprehensive, factual response to the big question: where does the risk of a claim truly lie? Since 2000, LIF has used a sophisticated coding system to capture the underlying cause of each report of a claim or potential claim. With close to 15,000 reports from BC lawyers in the past 15 years, LIF is able to identify the failures on the part of lawyers that expose them to claims. Through statistics and true stories from LIF claim files, this webinar

Battle of the Bar Bands

The 14th Annual Battle of the Bar Bands took place at the Commodore Ballroom on June 12 and raised more than $110,000 for the CBA (BC) Benevolent Society. Funk in the Trunk (bottom photo) walked away victorious at the end of the night, followed by House Arrest and Falcon Band.

gives you the information that you need to identify proactive steps that you can take in your own practice to avoid claims. This course contains one hour of professional responsibility and ethics, client care and relations, and/or practice management. Practical reference materials will be provided. Contact CLEBC customer service to register for this free CLE-TV.

BC LEGISLATIVE UPDATE

ACTS IN FORCE

Current from April 22, 2015 to June 23, 2015 The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org. CHARTERED PROFESSIONAL ACCOUNTANTS ACT, S.B.C. 2015, C. 1 (BILL 4) Act is in force June 24, 2015 FINANCE STATUTES AMENDMENT ACT, 2010, S.B.C. 2010, C. 4 (BILL 6) Sections 51 and 52 are in force July 1, 2015 FINANCE STATUTES AMENDMENT ACT, 2015, S.B.C. 2015, C. 8 (BILL 13) Sections 8, 9, 41, 42, 59, 71, 78, 102, 104, 111, 117, 119 and 124 are in force June 9, 2015. Sections 123, 125, 126 and 129 to 131 are in force July 1, 2015. Sections 92 and 94 are in force June 9, 2015 FORESTS, LANDS AND NATURAL RESOURCE OPERATIONS STATUTES AMENDMENT ACT, 2014, S.B.C. 2014, C. 7 (BILL 5) Sections 65(b), 70, 73, 75, 81 and 82(b) and (d) and section 74 (as it enacts section 64.1 of the Wildlife Act) of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2014, S.B.C. 2014, c. 7 (Bill 5) are in force June 12, 2015 MISSING PERSONS ACT, S.B.C. 2014, C. 2 (BILL 3) Act is in force June 9, 2015 MOTOR VEHICLE AMENDMENT ACT, 2015, S.B.C. 2015, C. 13 (BILL 15) Sections 13 to 17 are in force June 12, 2015 OFF-ROAD VEHICLE ACT, S.B.C. 2014, C. 5 (BILL 13) Sections 1, as it enacts the definitions of “Crown land,” “prescribed private land” and “private land”, 17, 21 to 25, 26(1)(f), (2)(e), (3), (5) (e) and (10), 28, 29, 30(2)(b), (d), (j) to (m) and (o) to (s), 31 to 34 and 41 are in force June 1, 2015 PENSION BENEFITS STANDARDS AMENDMENT ACT, 2014, S.B.C. 2014, C. 22 (BILL 10) Section 35 is in force May 11, 2015. The Act is in force September 30, 2015 POOLED REGISTERED PENSION PLANS ACT, S.B.C. 2014, C. 17 (BILL 9) Sections 25 and 26 are in force May 11, 2015. Section 29 is in force September 30, 2015 PROTECTED AREAS OF BRITISH COLUMBIA AMENDMENT ACT (NO. 2), 2014, S.B.C. 2014, C. 33 (BILL 8) Act is in force June 9, 2015

BRANCH & BAR

Calendar

AUGUST

2 ”Lawyers with Pride” – 2015 Pride Parade — Vancouver 8-9 Prince Rupert County Summer Bench, Bar & Court Users BBQ & Archery Tournament — Smithers 11 CBABC PD Webinar: Information Governance for Law Firms: When Paper Thinkers Go Digital 14-16 2015 Canadian Legal Conference — Calgary, AB

SEPTEMBER

15 CBABC PD Seminar: Unmasking Haters, Baiters and Trolls: Canada’s New Cyberbullying Law — Kelowna 15 CBABC PD Webinar: Challenges and Solutions in Mediation and Arbitration for Family Dispute Resolution Professionals 30 CBABC PD Webinar: Understanding Negotiation Basics – Ten Key Steps to a Successful Negotiation Outcome AWARD NOMINATIONS

CBABC MENTORSHIP PROGRAM

Georges A. Goyer, QC Memorial Award for Distinguished Service

Calling All Lawyers: Volunteer to Be a Mentor

Nominations are currently being accepted for the 2015 Georges A. Goyer, QC Memorial Award for Distinguished Service. This award recognizes the exceptional contributions and/or achievements by any resident of BC to the legal profession in BC.

Deadline is Friday, September 25, 2015 For details visit cbabc.org

CBABC is actively recruiting lawyers young (and young at heart) to join an exceptional roster of colleagues to lead new law students, as well as women and aboriginal lawyers through the maze of legal life. Give the gift of your experience and sign up to get involved in one of these rewarding programs. Volunteers are needed now for the student mentorship programs this fall at UBC, UVic and TRU. Check out other opportunities with the CBABC Women Lawyers Forum and the CBABC Aboriginal Lawyers Forum. Interested? Sign up today at cbabc.org/mentorship

AUGUST 2015 / BARTALK 25

news&events NATIONAL MAGAZINE

CBA Welcomes New Integrity Regime for Public Procurement On July 3, the government of Canada announced a new integrity regime for procurement and real property transactions. The new regime replaces the Department of Public Works and Government Services Canada’s previous integrity framework, which had been the subject of much debate. The CBA-AntiCorruption Team (CBA-ACT) wrote to Public Works Minister Diane Finley in April expressing reservations with parts of the old policy and making recommendations for improving it. The cornerstone of the old regime was an automatic 10-year disbarment from transacting with PWGSC for any company found guilty of a listed offence, including bribing a foreign public official. CBA-ACT’s primary concern with the 10-year disbarment was that it applied the

same treatment to potentially very different circumstances. It also didn’t take into account leniency and immunity programs of other government departments, such as the Competition Bureau. Without considering the factors of each individual case, and lacking any form of a review or reinstatement process, the automatic debarment regime did not encourage entities to self-report and did not take into account whether they’d taken any remedial measures. CBA-ACT recommended that the integrity regime provide for more flexibility and include a method for the term of debarment to be lifted or shortened if an entity could demonstrate rehabilitation and a strong record of compliance.

L-R: CBABC President Alex Shorten presents the President’s Medal to Bill Veenstra.

Innovative Workplace Award

L-R: Rebecca Maurer accepts the Innovative Workplace Award from CBABC President Alex Shorten on behalf of Health Sciences Association of BC.

Where is Google?

26 BARTALK / AUGUST 2015

President’s Medal

NATIONAL MAGAZINE

Inside the BC Supreme Court’s decision in Equustek and what it could mean for the enforcement of laws internationally against Internet companies. To hear the online search giant tell it, it’s living on the Internet, in a legal netherworld. The British Columbia Court of Appeal, however, issued a precedent-setting ruling, informing the do-no-evil company that, in fact, Canadian courts have the ability to force Google’s hand.

2015 PROVINCIAL COUNCIL AWARDS

In Equustek Solutions v. Jack, in which Google appealed, the court had a litany of things to consider — including: can and should the courts act to suppress illegal material on the Internet? And if so, can it do so if the offending material is housed on servers outside Canada? What’s more, can it require companies that merely index that material to suppress it, and how far can they go in doing so?

Harry Rankin, QC Pro Bono Award

L-R: CBABC President Alex Shorten presents the Harry Rankin, QC Pro Bono Award to Claire E. Hunter.

grantsapproved LAW FOUNDATION LAW FOUNDATIONOF OFBRITISH BRITISH COLUMBIA COLUMBIA

$75,000 FORT ST. JOHN WOMEN’S RESOURCE SOCIETY Poverty Law Advocacy Program $75,000 KAMLOOPS AND DISTRICT ELIZABETH FRY SOCIETY Poverty Law Advocacy Program

The following grants were adjudicated at the Law Foundation’s Board of Governors’ meeting held on June 27, 2015.

$75,000 KI-LOW-NA FRIENDSHIP SOCIETY Aboriginal Legal Advocate Program

Funding totalling $2,620,000 was approved for the following 24 continuing programs:

$75,000 MOSAIC Legal Advocacy Program

$275,000 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY Law Students’ Legal Advice Program $250,000 DISABILITY ALLIANCE BC SOCIETY Advocacy Access Appeals Program & CPP Disability Advocacy Program $230,000 BC BRANCH OF THE CANADIAN BAR ASSOCIATION Dial-A-Law, Lawyer Referral Service & Law Week $175,000 ECOJUSTICE CANADA SOCIETY BC Litigation Program ABBOTSFORD COMMUNITY SERVICES SOCIETY $150,000 – Regional Community Legal Advocacy Program $100,000 – Legal Advocacy Program $150,000 KETTLE FRIENDSHIP SOCIETY Mental Health Legal Advocacy Program $150,000 TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program $110,000 MPA – MOTIVATION, POWER & ACHIEVEMENT SOCIETY Court Services Program $80,000 NELSON CARES SOCIETY Legal Advocacy Program

$75,000 NICOLA VALLEY COMMUNITY JUSTICE SERVICES SOCIETY Legal Advocacy Program $75,000 PENTICTON AND AREA ACCESS SOCIETY Poverty Law Advocacy Program $75,000 PORT ALBERNI FRIENDSHIP CENTER Outreach Legal Advocacy Program $65,000 SOUTH PEACE COMMUNITY RESOURCES SOCIETY Outreach Legal Advocacy Program $40,000 SOCIAL HEALTH & ECONOMIC DEVELOPMENT SOCIETY OF BELLA COOLA Bella Coola Legal Advocacy Program $20,000 PROVINCIAL COURT OF BRITISH COLUMBIA Judicial Interns Circuit Court Program

20 grants totalling $634,000 were approved for the following: $75,000 BC BRANCH OF THE CANADIAN BAR ASSOCIATION Rural Education and Access to Lawyers (REAL) Initiative $50,000 THOMPSON RIVERS UNIVERSITY TRU Clinical Legal Education Program $40,000 BC ACCESS TO JUSTICE COMMITTEE

$75,000 ACTIVE SUPPORT AGAINST POVERTY Legal Advocacy Program

$40,000 JUSTICE EDUCATION SOCIETY OF BC Legal Help for Youth

$75,000 CHIMO COMMUNITY SERVICES SOCIETY Outreach and Advocacy Program

$40,000 TENANT RESOURCE AND ADVISORY CENTRE SOCIETY Online Course on Residential Tenancy Law

$75,000 CONTACT WOMEN’S GROUP SOCIETY Legal Advocacy Program $75,000 FAMILY SERVICES OF GREATER VICTORIA SOCIETY Legal Support Services Program

$40,000 WEST COAST LEAF ASSOCIATION Establishing a Right to Child Care $40,000 WEST COAST PRISON JUSTICE SOCIETY Solitary Confinement in BC

$35,000 DISABILITY ALLIANCE BC SOCIETY Disclosing Your Disability Guide $35,000 JUSTICE EDUCATION SOCIETY OF BC JES Triage and Legal Assistance Services $35,000 SOUTH PEACE COMMUNITY RESOURCES SOCIETY Family Mediation Project $30,000 ATIRA WOMEN’S RESOURCE SOCIETY Rights on Reserve Workshops $30,000 PIVOT LEGAL SOCIETY Canada’s New Prostitution Laws $30,000 WACHIAY FRIENDSHIP CENTRE Doctor’s Guide to Disability Application $25,000 BC LAW INSTITUTE Financing Litigation $25,000 BC BRANCH OF THE CANADIAN BAR ASSOCIATION Dial-A-Law Script Updating $25,000 ENVIRONMENTAL LAW CENTRE SOCIETY, UNIVERSITY OF VICTORIA Associates and Clinic Program $15,000 PEN CANADA Know Your Rights $9,000 KINBRACE COMMUNITY SOCIETY Refugee Hearing Preparation Guide $9,000 YWCA METRO VANCOUVER Mothers Without Legal Status in Canada – 2015 Update $6,000 KELOWNA COMMUNITY RESOURCES SOCIETY The Law and You

LEGAL RESEARCH FUND The Law Foundation has established a fund of $100,000 per year to support legal research projects that “advance the knowledge of law, social policy, and the administration of justice.” A maximum of $20,000 is available for each project. To be considered, please submit a Letter of Intent by September 11, 2015. For more information please refer to the Foundation’s website lawfoundationbc.org.

AUGUST 2015 / BARTALK 27

professionaldevelopment

WEBSITE: CBAPD.ORG \\EMAIL: PD@CBABC.ORG \\

CBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network, advance one’s career, practice and business. We pride ourselves in bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management component for 2015 Law Society reporting.

Upcoming In-person Seminars IN PARTNERSHIP WITH THE KELOWNA BAR ASSOCIATION

Unmasking Haters, Baiters and Trolls: Canada’s New Cyberbullying Law Date: September 15, 2015 Location: Royal Anne Hotel, Kelowna Speaker: Eric V. Gottardi, Criminal Defence Counsel, Peck and Company

Upcoming Webinars Information Governance for Law Firms: When Paper Thinkers Go Digital Date: August 11, 2015 Speakers: Alexandra (Sandie)

Bradley, CRM, FAI, Harwood Information Associates Limited and April Wilhelmina, National Records Manager, McMillan LLP Moderator: Stuart Rennie, Legislation and Law Reform Officer, CBABC

Challenges and Solutions in Mediation and Arbitration for Family Dispute Resolution Professionals Date: September 15, 2015 Speakers: Georgialee A. Lang, Cypress Law Corporation and Marjorie Thompson Moderator: Kathryn S. Sainty, Sainty Law

Understanding Negotiation Basics – Ten Key Steps to a Successful Negotiation Outcome

Date: September 30, 2015 Speaker: Paul D. Taberner, LLB, C.Med and Colleen J. Cattell, QC, Fitzpatrick & Co. Moderator: Kathryn S. Sainty, Sainty Law

Effective and Efficient Use of Arbitration in Family Law – From Evidence to Appeal

Date: Oct. 20, 2015 Speakers: Karen F. Nordlinger, QC, Aaron Gordon Daykin Nordlinger LLP and Lisa J. Hamilton, Hamilton Fabbro Moderator: Kathryn S. Sainty, Sainty Law

On Demand CPD Missed the live webinar? Check our library for available on-demand webinar repeats and e-learning modules.

RECENTLY ADDED WEBINAR REPEATS: The Trials and Tribulations of Dealing with Self-Represented Litigants

Understand your ethical and professional responsibilities when it comes to dealing with self-represented litigants, how to respond effectively to self-represented litigant’s (sometimes) inappropriate behaviour and unreasonable demands, and much more.

Billing Strategies: Keeping Your Clients Happy While Looking After Your Bottom Line Learn about best practices in billings, how to avoid fee complaints and reviews of your bills by the registrar.

All In A Day’s Work: A How-To Approach for Employer Codes of Conduct

Join our panelists Paul Fairweather and Phillip White, legal author and HR specialist as they explore how lawyers should approach codes of conduct.

Violence Screening for ADR Professionals – Red Flags, Warning Bells & Practical Tips

A practical discussion about family violence screening, including screening questionnaires, tools and skills in questioning and responding to family violence, and look at real life examples in practice.

28 BARTALK / AUGUST 2015

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info@onpointlaw.com AUGUST 2015 / BARTALK 29

barmoves Who’s Moving Where and When Jeff Durno

Riley O. Lalonde

former managing partner of Anfield Sujir Kennedy & Durno has joined Cassels Brock & Blackwell LLP as a partner in their Vancouver office. His practice focuses primarily on securities and corporate finance matters.

has joined Edwards, Kenny & Bray LLP as an associate. Riley’s has a general corporate and commercial solicitor’s practice.

Sam Cole

RJ Randall Hordo, QC

has joined Cassels Brock & Blackwell LLP as an associate of the firm in their Vancouver office. He represents clients on a variety of corporate finance matters, with particular expertise on listing and financing transactions.

has joined Nathanson, Schachter & Thompson LLP, where he will continue his active trial, appellate and arbitration practice.

Serene S.Y. Chow

Gib van Ert

has joined Boughton Law Corporation on May 25, 2015. Serene has a solicitor’s practice, advising on real estate, corporate/commercial and estate planning law.

is taking a two-year leave of absence from Hunter Litigation Chambers to serve as Executive Legal Officer to the Chief Justice of Canada in Ottawa.

30 BARTALK / AUGUST 2015

SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND A HIGH-RESOLUTION PHOTO TO BARTALK@CBABC.ORG NOW. TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1508

Nathaniel Turner joined Harper Grey LLP as an associate with the Health, Insurance and Defamation groups upon completing his articles and call to the Bar on January 13, 2015.

newmembers May & June 2015 Regular Members

Articling Students

Eric B. Clavier

Jonathan Blair

Stefan R. CurrieRoberts

Nicholas Cosulich

Fasken Martineau Vancouver Edwards, Kenny & Bray LLP Vancouver Carolyn T. Cyfra

Adam Way joined Harper Grey LLP as an associate with the Environmental, Commercial and Construction Law groups upon completing his articles and call to the Bar on May 20, 2015.

Arun Mohan joined Sea to Sky Law. He practises personal injury law and general civil litigation. He is committed to helping his clients obtain the most just result possible.

Rush Ihas Hardwick LLP Kelowna Jack Finn

Borden Ladner Gervais LLP Vancouver Zachary Goldenberg

moved his diverse litigation practice to Stevens Virgin on June 1. Perry joined Stevens Virgin as associate counsel.

Sherman Hood joined Stevens Virgin on June 1 after practising insurance defence for the past 13 years as in-house counsel and most recently at Whitelaw Twinning.

Lawson Lundell LLP Vancouver Stephanie Kappei

Centennial Law Corp. 100 Mile House Geoff Mason

Bull Housser Vancouver Teio Senda

DLA Piper (Canada) LLP Vancouver

Sangra Moller LLP Vancouver

Jagmohan Singh

Johanna M. Goosen

Victoria Chung Lam Wu

DLA Piper (Canada) LLP Vancouver Michelle Jacklin

Surrey

Zahra Jenab & Company Law Corporation Richmond

Hamilton Duncan Armstrong & Stewart Law Corporation Surrey

Law Students

Kenneth K. Leung

Maninder (Mandy) Badwal

Hunter Litigation Chambers Vancouver Eric Mollema

Perry Mazzone

Ministry of JusticeCriminal Justice Branch Vancouver

Surrey

Kyra Benloulou

Victoria

Becker & Company Pitt Meadows

Elle Blanaru

W. Eric Pedersen

Avery S. Bruenjes

Velletta & Company Victoria Elisa R. Penn

Victoria

Vancouver

Shawn Doad

North Vancouver

Bram Rogachevsky Law Corporation Vancouver

Cassandra M. Douma

Lyndsay Schooley

New Westminster

Farris, Vaughan, Wills & Murphy LLP Vancouver Sanjana Singh

ICBC New Westminster David Woolias

Harris & Company LLP Vancouver Betty Wu

Magellan Law Group LLP Vancouver

White Rock

James Dunn Matthew Fox

Vancouver

Geoffrey C. Golda

Vancouver

Zander Grant

Vancouver

To view all new \\

members, including Law Students, please visit

cbabc.org/bt/nm_1508

AUGUST 2015 / BARTALK 31

Help your clients plant their legacy today. Be informed. Find out how at vancouverfoundation.ca/beinformed or call Kristin at 604.629.5186

vancouverfdn

RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3