BarTalk | January 1990 by The Canadian Bar Association, BC Branch

NEWSLETIER OF THE CANADIAN BAR ASSOCIATION, B.C . BRANCH

Legal fee assistance supports access to justice The B.C. Branch signed an agreement on December 12 with Green Shield Prepaid Services Inc. exclusively endorsing the company to provide prepaid legal services to group benefits providers in B.C. The plan, "Green Shield Legal," will operate on a group basis similar to some private medical and dental plans and will offer legal fee assistance primarily in family law, wills and estates, real estate transactions and vechicular violations.

JANUARY 1990 VOLUME2 NUMBER1

HIGHLIGHTS GREEN SHIELD LEGAL/1 LAW FOUNDATION GRANTS/4 LEGISLATIVE UPDATE/5 Q.C. APPOINTMENTS/8

SECTIONTALK/9 B.C. DATES/12

Attending the official signing of Green Shield Legal were: (Front row, left to right) CBA President Russell Lusk; Walter Austen, President and CEO Green Shield Prepaid Services; Peter Kennedy, Kennedy Jensen . (Back row, left to right) Richard Walker, Chairman, Green Shield Prepaid Services; Fred Schneider, President, Pender Pacific; Don Eyford, President, Eyford Insurance Corp.; Wendy Baker, CBA SecretaryTreasurer; Edward Odishaw, Swinton & Co.; Robert Smethurst, B.C. Branch CBA Executive Director

Council approves Federal Court abolition Members of Provincial Council engaged in a complete day of report, discussion and debate on December 9, 1989. Law Society Treasurer Paul Beckmann was honoured at the Provincial Council luncheon for his many years of outstanding service on behalf of the profession and for his continued interest in a number of CBA committees. Several reports were presented for the Council's consideration. Abolition of the Federal Court of Canada

Norman Mullins reviewed the development of the Federal Court and dealt with the problem situations that would be met if the Court were to be abolished and merged with the Provincial Supreme Courts . Mullins noted that none of these problems were insurmountable.

President Russell Lusk said at the signing ceremony an important feature of the plan and a major reason the Branch endorsed Green Shield Legal is that participants will be able to consult a lawyer of their own choice. "The Branch has consistently supported the concept of 'open panels' since it first became interested in prepaid legal assistance plans in 1971," Lusk said.

Council approved the report and the recommendation to abolish the Federal Court of Canada and that the resolution be submitted immediately to the National Council of the CBA for approval.

Various press reports have erroneously stated that the Branch had given "exclusive right" to Green Shield to operate the plan in B.C. In fact, the Branch agreed to provide an exclusive endorsement to Green Shield. Various other legal assistance plans in Canada cover an estimated 300,000 to 400,000 people and some are in operation in B.C.

(Please turn to page 2)

Provincial Council (Continued from page 1)

Ultimate Limitation Period Council members considered the report's major recommendation of reducing the existing limitation period of 30 years to 10 years and the problems this would impose. After considerable discussion, Council adopted the report and its recommendations. Property Rights on Marriage Breakdown Suzanne MacGregor, committee chair, reported to Council. MacGregor noted that the committee is concerned that some of the radical changes to the existing law regarding property rights of spouses on marriage breakdown, which are modelled on the Ontario Family Law Act, are ill-conceived. She stated that Ontario has experienced a number of problems with its legislation and even now are considering more amendments to the Act. The Committee noted that the costs of settling the division of family assets would likely increase substantially if the amendments are carried out, and they therefore concluded that the government should not proceed with amendments to the Family Relations Act at this time but should set up a task force to study proposed changes and their effects. The report and its recommendations was approved by Council. Benevolent Fund Committee Jim Vilvang briefly outlined chairman Brian Saunderson's comments regarding the difficulty in setting up such a fund. Council therefore approved the wind up of this committee. Contingency Fees Jim Vilvang reported that with the assistance of Ravi Hira and

George Geraghty, the committee reviewed the proposed rules regarding contingency fees. The committee had been appointed by the Executive to meet the December 1 deadline set for submissions. The committee's conclusion was that a schedule of contingency fee limits was not necessary. After a lengthy discussion, Provincial Council's resolution states that the CBA "is opposed to

any limitation, subject to those existing at the date of this motion, on members of the public or the legal profession entering into contingency fee arrangements." In the event that the Attorney General indicates that the government is not prepared to allow lawyers and their clients to contract with respect to contingency fees or if the Law Society determines that it must proceed to impose limits on contingency fees, a resolution was passed asking for delay of any implementation of limitation on contingency fees charged by the legal profession until after the Feb. 1, 1990 Provincial Council meeting. Law Week 90 Committee Chair Don Sorochan reported on Law Week 90 and noted that there is an increased emphasis on plans for communities around the province. Details will be announced soon. National Executive Nomination Jim Vilvang has been selected as the B.C. Branch nominee to the National Executive Committee of the CBA. National Council Resolutions Council approved the recommendation contained in the

Report on Reproductive Technology and the Report on Copyright Act Amendments and that they should be submitted to National Council's mid-winter meeting.

Legal fee assistance (Continued from page 1)

Should group benefits participants not have a lawyer, they can use the Branch's Lawyer Referral service. The Lawyer Referral Program is a natural complement to Green Shield Legal. The program staff handled more than 40,000 inquiries from the general public last year. Lawyer Referral, funded by the Law Foundation, is available province-wide and has more than 3,500 lawyers registered. Lusk notes that the terms of the agreement with Green Shield is 10 years, with provision for termination by either side with 12 months notice. Richard Walker, chairman and general counsel of Green Shield, said premiums and benefits under each plan will be negotiated between the company and interested employees or unions. They likely will be different in each case. Comparing the plan with private dental plans that pay a portion of the cost of particular services, Walker explained that if the fee for a legal service is $400, for example, the participant in the plan might, for instance, negotiate an arrangement under which he would be reimbursed $250 from the plan and the balance of $150 would be payable by the client. The participating lawyer would receive the complete $400 fee . Walker estimated the premium cost at about eight to 15 cents per employee hour per month. For that, participants might receive an annual benefits package containing $50 to $100 in legal consultation, $200 to $400 in real estate, $400 to $750 in family law and $150 to $350 for a motor vehicle matter. The Eyford Insurance Group will be marketing the plan in B.C.

Questions you may have about Green Shield Legal Q: If a client is covered by Green

Shield Legal am I restricted to charging only the amount of coverage in Green Shield's schedule of benefits?

distributed to all lawyers?

A: No. The program is a legal fee assistance program. Information given to participants is to emphasize that legal fees are a matter between the practitioner and the client. The plan covers fees only; outof-pocket costs or disbursements are not covered.

A: No. Each plan provides coverage for a range of legal services. The group benefits provider determines with Green Shield what the extent of the coverage will be and then sets out a schedule of benefits for each group benefit plan. Your client will be able to let you know what services his/her legal fee assistance plan covers and the amount of assistance provided.

Q: From whom do I collect the legal fee assistance?

Q: Why is the Branch endorsing prepaid legal services?

A: The practitioner will bill the client directly as usual. An assignment of the Green Shield Legal fee assistance portion can be made to the lawyer and an invoice for the difference can be given to the client. All claims must be accompanied by the lawyer's account for services detailing the services rendered and the fee charged. Claims will not be accepted until the required service has been completed by the lawyer and the lawyer has verified that the service is complete. The claim must indicate the date services commenced and the date that services were completed.

A: The Branch established a special committee in 1971 to study this issue. Over the years, the committee reviewed prepaid legal services and established a set of criteria including the 'open panel' concept in order for the Branch to endorse such programs. Green Shield Prepaid Services Inc. was the first to agree to the criteria set out by the Branch.

Q: Will a schedule of benefits be

Q: Who approved Green Shield

Legal? A: Upon recommendation by the Prepaid Legal Services Committee, Provincial Council passed a resolution in 1988 authorizing the Branch

Executive to finalize the agreement with Green Shield. Mter a year of negotiation, the agreement was signed on Dec. 12, 1989. Q: Does the Branch receive anything for endorsing Green Shield Legal?

A: Yes. An annual fee is paid to the Branch by Green Shield for certain administrative services including the provision of the Branch's Lawyer Referral service. Q: Are there other prepaid legal service plans in operation in B.C.

A: Yes. Other plans are in operation in B.C. but to our knowledge none of them are open panel plans. Q: If I have any questions about Green Shield Legal, who should I contact?

A: For questions concerning the legal fee assistance plan for a client, contact the group benefits provider who can provide information of coverage and the schedule of benefits for that particular plan. The Eyford Insurance Group of Vancouver is marketing the plan and can provide additional information regarding Green Shield Legal (telephone: 681-7799).

Hall appointed Official Administrator Myrna Hall, public trustee, has recently been appointed Official Administrator, responsible for estate management services province-wide. Mark Home, N.I. (Nick) Cameron, George Cassady and Sanford Budgen were appointed as deputies for the regions of Vancouver Island, Vancouver, the Lower Mainland and South Central Interior.

"British Columbians can now expect a more personalized and faster service in the management of estates left by people who die without a will or who are missing," Attorney General Smith stated in a recent news release. It is expected that Deputy

Official Administrators for the Cariboo/North region will be appointed by March 31, 1990.

Directory Errata Page 193: For Meuller Randolf Robert John read Mueller, Randolf and insert to page 197 Page 315: For Adams & Phels read Adams & Phelps, 1400-400 Burrard Street, Vancouver, B.C. V6C 3G2, 682-6757, F: 643-1760, Adams, Shirley Phelps, William

New projects funded by the Law Foundation of B.C. The Governors of the Law Foundation approved first-time funding for seven new legal projects at their November 18, 1989 Board meeting: WestCoast Mediation Services$66,854 (Small Claims Mediation Project- 2 years) Surrey/White Rock Mediation Services Society - $122,760 (Small Claims Mediation Project - 2 years) Golden Family Centre - $18,488 (Community Advocacy Project) Continuing Legal Education Society- $117,140 (Plain Language Legal Drafting) Law Courts Education Society of B.C. - $67,600 (Law Courts Elementary School Program) Centre for International Studies (SFU)- $15,500 (Canada/USSR Conference on International Law Topics) Barry Sullivan, Q.C. Memorial Bursary Fund Society - $15,000 Support for previously funded groups or projects was reaffirmed as follows: Legal Services Society$668,722 (Computerization) B.C. Public Interest Advocacy Centre - $432,170 (A total of $1,321,369 in operating grants for a three year period was approved, with $432,170 of that amount being for the current year) British Columbia Coalition of the Disabled- $109,480 (Advocacy Access Project) Downtown Eastside Residents Association - $100,113 (Advocacy Service) Divorce Lifeline Society of Victoria- $25,000 (Volunteer Support Services Program) Victoria Assoc. for Community Diversion/Mediation- $15,000 (Interim Funding of Dispute Resolution Centre)

University of Victoria, Faculty of Law (Prisons Legal Education & Legal Services Project) $66,618 (Law Centre Clinical Program) - $117,200 (Bursaries1990/91) - $25,000 (Scholarships - 1990/91) - $31,000 Simon Fraser University Centre for Education, Law and Society - $44,950 (Legal Education Resource Network) Western Judicial Education Centre- $40,132 (Western Workshop and Equipment Purchase) Debate and Speech Association of B.C.- $19,400 (Hammarskjold Cup Debates) University of British Columbia, Faculty of Law (Artificial Intelligence and the Law)$156,000 (Graduate Fellowships - 1990/91)- $49,800 (Bursaries1990/91)- $40,000 (Scholarships - 1990/91)- $31,000

Canadian Journal of Women and The Law - $2,500 B.C. Courthouse Library Society - $185,819 (Expansion Outside Lower Mainland & Lower Fraser Valley) Law Reform Commission of B.C. - $125,000 (Operating 1989/90) TOTAL: $2,708,246 Interest from lawyers' general trust accounts enabled the Foundation to make a total of $10,341,212 in grants in 1989. In addition to these grants in the current year, the Foundation has made future grant commitments in excess of $5,000,000 pursuant to grant commitments to the Legal Services Society, PL TC, West Coast Environmental Law Association, the UBC Law Students Legal Advice Program and the B.C. Public Interest Advocacy Centre.

Members serve profession's interest • Val Napoleon was appointed to the Legal Services Society as the Law Society appointment after consultation with the Branch. Dennis MacRae had been previously appointed. • Gregory Nash, vicechairperson of the Civil Litigation Vancouver Section, assumes the Section chair as Virginia Engel has moved to Calgary. • John Ankenman and Donald Yule will co-chair the No-Fault Insurance Committee to research and advise the Branch Executive on questions of no-fault insurance as they arise. • Jim Vilvang, Ravi Hira and George Geraghty prepared the Branch's position paper on contingency fees which was presented at the December 9 Council meeting.

• William McFetridge, Eric Rice and James Horne were appointed to represent the B.C. Branch on the Multi-Disciplinary Practice Sub-Committee of the Law Society Planning Committee. • Terry Warren, Alison McLennan, Jackie Dorgan, Robert Klassen, Robert Apps and Robert Clarke were approved for submission to the Deputy Attorney General to provide assistance in the evaluation of family law initiatives. • Branch Executive Director Robert Smethurst will chair the Resolutions Committee to ensure that official resolutions are properly worded before they are included in official documents.

This entire column will be devoted to the brief reporting of new regulations and legislation which may be of interest to practicing lawyers. The number of regulations and Bills to be reported permits only a brief reference to the substance.

Power Engineers and Boiler and Pressure Vessel Safety Act, B.C. Reg. 420/88, the Boiler and Pressure Vessel Fees and Expenses Regulation, is amended by replacing Schedules B to I

Every effort is made to ensure the accuracy of the information provided to you in this article, but the information should not be relied on. Lawyers should refer to the specific legislative or regulatory provision to verify effective dates.

Meat Inspection Act, B.C. Reg. 54/66, the Meat Inspection Regulation, is amended respecting veterinary inspection fees

Regulations to Note as filed to November 24, 1989. Fees have been changed in the following regulations:

effective October 30, 1989.

effective November 6, 1989.

Wildlife Act, B.C. Reg. 337/82, the Wildlife Act Permit Regulation, is amended effectiv e November 8, 1989.

Other Regulations

B.C. Reg. 542/75, the Electrical Safety General Regulation, is amended in section 57

Court Rules Act, B.C. Reg. 310/76, the Supreme Court Rules is amended by adding Form 86A "Consent" respecting the filing of agreement for purposes of the enforcement of any provision respecting custody or access to a child by a parent or the maintenance of a child by a parent or of a person by the person's spouse

effective October30,1989.

effective November 1, 1989.

Elevating Devices Safety Act, B.C. Reg. 177/85, amends Schedule "A" of the Elevating Devices Safety Regulation

Economic Development Electricity Rate Act, B.C. Reg. 217/85, the Industrial Electricity Rate Discount Regulation, is repealed

effective October 30, 1989.

Gas Safety Act, B.C. Reg. 95/83, the Gas Safety Regulation, is amended

Fisheries Act, B.C. Reg. 327/89, the Aquaculture Regulation, is enacted

effective November 1, 1989.

effective October 20, 1989.

Offence Act, B.C. Reg. 272/86, the Ticket Information Fines Regulation is amended; B.C. Reg. 274/86, the Ticket Administration Regulation is amended

B.C. Reg. 364/89, superceding B.C. Reg. 327/89, the Aquaculture Regulation

Electrical Safety Act, B.C. Reg. 57/65, the Certificates of Competency for Electrical Contractors Regulation, is amended in sections 27 and 28 and repeals section 29 effective October 30, 1989.

effective November 17, 1989.

Bonita f. Thompson

effective November 17, 1989.

Forest Act, B.C. Reg. 552/78, the Advertising, Deposits and Disposition Regulation, is amended in sections 2,4,6,7, & 8 effective October 20, 1989.

Hospital Insurance Act, B.C. Reg. 25/61, the Hospital Insurance Act Regulations, is amended in section 11.1 (b) (ii) (C); effective October 30, 1989.

by adding section 5.23 respecting out patient magnetic resonance imaging services effective November 8, 1989.

Guaranteed Available Income For Need Act, B.C. Reg. 479/76, the Guaranteed Available Income for Need Regulations, is amended in sections 3 (5), 22 (1), Schedule "A", and sections 7 and 8 of Schedule "E" effective October 20, 1989.

Medical Service Act, B.C. Reg. 144/68, the Medical Service Act Regulations, is amended by adding section 4.13 which provides that general hospital services provided under the Hospital Act or its regulations are not insured services effective November 8, 1989.

Mineral Tenure Act, the following B.C. Regulations are amended: B.C. Reg. 169 /85; B.C. Reg. 319/8~B.C.Reg . 335/89;351/89 effective October, 1989.

Ministry of Lands, Parks and Housing Act, section 3 of B.C. 490/79, respecting the British Columbia Housing Management

Legislative Update (continued) Commission is amended re: powers and duties effective October 20, 1989.

Municipal Act, the Municipal Bylaw Enforcement Ticket Regulation is enacted for the purposes of section 934.1 of the Act effective November 2, 1989.

Residential Tenancy Act, B.C. Reg. 26/81, the Residential Tenancy Regulation, is amended re: limits on notice of termination effective October 17, 1989.

Tobacco Product Act, B.C. Reg. 258/72, the Tobacco Product Regulation, is amended effective October 30, 1989.

Wildlife Act, superceding B.C. Reg. 310/88, the Officer Designation Regulation effective October 16, 1989.

B.C. Reg. 111/84, the Limited Entry Hunting Regulation, is amended in section 8, for the purpose of section 15 of the Act a person may only obtain one ' limited entry hunting authorization per species; and amends Schedule 1 effective October 20, 1989.

B.C. Reg. 340/82, the Wildlife Act General Regulation, is amended effective October30, 1989.

B.C. Reg. 338/82, the Wildlife Act Commercial Activities Regulation, is amended by addi~g section 3.18 respecting applicants for registration of a trap line effective November 8, 1989.

B.C. Reg. 190/74, the Hunting Regulation, is amended by repealing Schedule 3, Part 1, Item 10 effective November 9, 1989.

Legislation to Note You will see a reference to the n~mber of the Bill (First Reading B1ll 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.

Insurance Amendment Act, 1987, S.B.C. 1987, c.56, that part of section 3 which enacts section 28.61 respecting consent of superintendent to transfer of incorporation under the Insurance Act and sections 34 to 37 respecting offences under the Act in force November 17, 1989.

Liquor Control and Licensing Amendment Act, 1988, S.B.C. 1988, c.43, sections 14 to 16 establishing the Liquor Appeal Board and 38 (a) respecting appeals to that Board in force November 17, 1989.

Offence (Amendment) Act, 1982, S.B.C. 1982, c.38, section 21 which repeals section 934 of the Municipal Act in force November 1, 1989.

sections 51 and 52 respecting municipal bylaw enforcement in the Vancouver Charter in force November 2, 1989.

Estate Administration Amendment Act, S.B.C. 1989, c.26, First Reading Bill Number 33, respecting Official Administrators in force November 1, 1989.

Labour and Consumer Services Statutes Amendment Act, 1989, c. 53, First Reading Bill Number 46, section 9 respecting the Liquor Appeal Board under the Liquor Control and Licensing Act; and section 11 respecting the repeal of section 38 (b) of the Liquor Control and Licensing Amendment Act, 1988; and sections 12 to 14 respecting appeals to the Liquor Appeal Board under the Liquor Distribution Act in force November 17, 1989.

Financial Institutions Act, S.B.C. 1989, c.47, First Reading Bill Number 51, sections 200, 201, 202, 203 and 204 respecting the establishment of the Financial Institution Commission; in force November 1, 1989.

Justice Reform Statutes Amendment Act, 1989, S.B.C. 1989, c.30, First Reading Bill Number 26, section 4 respecting the repeal of section 13 of the County Court Act and section 50 respecting the appointment of Masters under the Supreme Court Act in force October 20, 1989.

sections 6, 8, 9 respecting the amendment of sections 1, 4 and 18 of the Court of Appeal Act; sections 13 to 23 respecting the Family Maintenance Enforcement Act and Family Relations Act; andsection 56 a transitional provision respecting bylaw and traffic adjudicator in force November 1, 1989.

Vancouver Island Natural Gas Pipeline Act, S.B.C. 1989, c.83, First Reading Bill Number 55 in force November 8, 1989.

Energy, Mines and Petroleum Resources Statutes Amendment Act, 1989, S.B.C. 1989, c.45, First Reading Bill Number 59, section 13 respecting disclosure of an energy supply contract under the Utilities Commission Act in force November 8, 1989.

Miscellaneous Statutes Amendment Act (No. 1), 1989, S.B.C. 1989, c. 71 First Reading Bill Number 90, sections 12 and 13 respecting the immunity and authority of keepers under the Livestock Act in force November 17, 1989.

sections 35 and 36 respecting municipal bylaw enforcement in the Municipal Act in force November 1, 1989.

sections 1 to 3 respecting the disclosure of information under the Adoption Act in force November 17, 1989.

Legislative Update (continued) Miscellaneous Statutes Amendment Act (No.2), 1982, S.B.C. 1982, c. 72, sections 8 and 9 respecting sections 117(1) and 160 of the Insurance Act in force November 17, 1989.

Miscellaneous Statutes Amendment Act (No.2), 1989, S.B.C. 1989 c. 72, First Reading Bill Number 92, sections 4 and 5, respecting the Family Maintenance Enforcement Act in force December 1, 1989.

Health Professions Amendment Act, 1989, S.B.C. 1989, c.29, First Reading Bill Number 40, sections 1 to 6 respecting inter alia, chiropractic corporations under the Chiropractors Act in force November 24, 1989.

Mineral Tax Act, S.B.C. 1989, c. 55, First Reading Bill Number 73 in force January 1, 1990.

Registrar of Regulations The workings of government often appear to be very mysterious. One of those mysteries may be the way in which Regulations of the Lieutenant Governor in Council or government officials are enacted. This process is itself regulated by the provisions of the Regulations Act. The Act

provides that before enactment a regulation must be examined by a person designated by the Attorney General. The Office of the Chief Legislative Counsel performs this function . Legislative Counsel will review a draft regulation to see that there is legislative authority to enact it, to ensure it is not inconsistent with other regulations and legislation, to ensure it is in keeping with general government policies and to put it into a drafting language and style consistent with other law in the Province. A regulation has no effect until it has been deposited with the Registrar of Regulations. It will come into force on the date it is deposited or a later date specified in the regulation or on an earlier date than it is deposited if there is authority to make a retroactive regulation. Most regulations are published in the Gazette - an official Government publication. It is a very important source of information. On occasion, you may be very concerned about the timing of a particular enactment. The Gazette may not be as current as you require. In this event, the Registrar of Regulations is your best source of information. Ms. Gail Nash, the Registrar, is extremely helpful and can provide you with the most

current information available on regulations enacted or Acts brought into force. Her office is in Victoria and she can be reached at 356-8477 or 356-8479.

Fraser begins term Russell G. Fraser, recently appointed to the cabinet post of solicitor general, is a professional engineer and businessman. Fraser graduated from UBC with a Bachelor of Applied Science degree and was president of a consulting engineering company when he became actively involved in provincial politics. He entered public politics at the municipal level as a member of the Vancouver Board of Parks and Recreation from 1976-1982. He sought and won his first election to the B.C. Legislative Assembly as M.L.A. for Vancouver South in 1983 and was re-elected in 1986. Fraser has served as Minister of Post-Secondary Education; as Chairman of the Municipal Affairs and Housing Committee; as Parliamentary Secretary to the Minister of Municipal Affairs; as Caucus Treasurer; as a member of the Ombudsman Selection Committee; and as a member of the Special Committee of Selection.

Rewriting the traditional three Rs There's a unique set of Three Rs for a new age, according to the Environmentally Sound Packaging (ESP) Coalition. Environmental concerns and mounting piles of garbage have seen Reading, 'Riting and 'Rithmetic overshadowed by Reduce, Reuse and Recycle. With half of Canada's garbage now in the form of discarded packaging and containers, the

Three Rs for the 1990s and beyond work this way: • REDUCE - cut back on excess and throw-away packaging and reduce the generation of new packaging source. • REUSE - return to a policy of standardized refillable containers and reverse the trend to throw-aways.

• RECYCLE - make recycling more effective by moving away from the multiplicity of packaging materials and multimaterial packaging. The ESP Coalition believes manufacturers of packaging should take responsibility for "cradle to grave" management of their products by designing all packaging for reduction, reuse and recycling. Reprinted from B.C. Talks Business mava zinP

Queen's Counsel appointments announced The annual provincial Queen's Counsel appointments were announced by Attorney General Bud Smith on Dec. 29, 1989. Those appointed include: Honourable William R. Mcintyre, Vancouver 1 Donald A. Williamson, Vancouver 1 Owen C. Dolan, Vancouver 1 Angus C. Ree, North Vancouver 1 Alan E. Vanderburgh, Williams Lake 1 Ronald Lou-Poy, Victoria 1 Melvin H. Thomas, White Rock 1 Darrell W. Roberts, Vancouver 1 The

1 Sean Madigan, Vancouver 1 Peter U. W. Ewart, Prince

George 1 Terrance P. Warren, Vancouver 1 Jack J. Huberman, Vancouver I Selwyn R. Chamberlain,

Vancouver I James P. Taylor, Vancouver I Daniel A. Webster, Vancouver I Philip M. Bolton, Vancouver I Russell W. Lusk, Vancouver 1 Peter U. D. Messner, 100 Mile

The Faculty of Law's Artificial Intelligence Research Project (FLAIR), will help lawyers assess complex areas of law and allow law firms to retain the expertise of their best lawyers long after they have gone. The team of lawyers and software engineers will develop EPSILON (Expert Systems In the Law Of Negligence). When EPSILON is completed in about three years it will provide a complete legal information system for the law of personal injury damages in Canada, including the information needed to resolve disputes. The project director indicates the system will not only give lawyers, judges and insurance companies access to fast and objective legal information, but also will benefit the general

M. B. Holburn, Vancouver 1 Clifford S. Watt, Victoria 1 Kenneth W. Antifaev, Coquitlam I Richard J. S. Swift, Courtenay 1 Rose-Mary L. Basham, Vancouver 1 Alison E. MacLennan, Vancouver I Donovan W. M. Waters, Victoria

House 1 Thomas, R. Brooke, Penticton 1 Arther L. Close, Vancouver 1 David L. Clarke, Kamloops 1 Stephen Shabbits, Nanaimo

Computer systems give lawyers expert advice A project under UBC law professor J.C. Smith combines the knowledge of legal experts with new developments in computer software.

1 William

public, who will receive higher quality service from lawyers with less delay and perhaps even less cost. Other systems being developed by the FLAIR project include the Whiplash Knowledge System and the Hearsay Rule Advisor. Another UBC team, the Legal Information Systems and Technology Foundation, headed by Law Professor John Hogarth is developing and marketing computer systems on trade law and sentencing.

Queen's Counsels in British Columbia are selected upon recommendation by the attorney general after consultation with the two chief justices and the Law Society. The selection process is governed by the Queen's Counsel Act. Consideration is given to the appointees' service to the public at large as well as their service to the legal community. The total number of Q.C.s now in British Columbia is 280 out of a profession of 6,609 practicing members. Federal Justice Minister Doug Lewis also announced the appointment of Vancouver Lawyer Derek Mullan as one of 35 federal Queen's Counsel appointments.

Faster service one aim of tech committee Grant C. Taylor of Milne, Selkirk Corbould & Todd is the Branch's representative on the new Justice Technology Advisory Committee recently formed by the Attorney General. Attorney General Bud Smith says plans for automating functions within the ministry and the judiciary mean "better

and faster service at all our government offices and courts." This new committee will work with the ministry's Executive Committee on Information Technology (EXCIT) whose mandate is to develop strategies and policies for the justice system's transition to technology.

Shelley Bentley

Washington State Family Law developments Miles McAtee of the Washington State Bar described two developments in Washington State family law in his address to the Vancouver Family Law Section. The first was the introduction of recent legislation marking a change in the philosophy and descriptive words used in connection with custody and access. Instead of labelling one parent the custodial parent, and granting the other parent "visitation" to children, the new concept requires the parents to enter what is called a Parenting Plan. These Plans can be short or long documents, depending upon the degree of cooperation existing between the parents. The purpose is to set out what arrangements are being made for the children, who is to be responsible for what, and what periods of time the children are to be with each of the respective parents. Under the new legislation, the Plan is to be mediated and is to spell out all those things which parents would ordinarily decide for their children.

Mr. McAtee distributed a sample Parenting Plan which was divided into 6 categories: (1) Decision Making (including education, non-emergency health care and religious upbringing); (2) Residential Arrangements (which names the parent with whom the child is to reside the majority of the time and designating them as "custodian" for other statutory purposes); (3) Dispute Resolution; (4) Financial Support; (5) Other Agreements; (6) Compliance with the Parenting Agreement. The second innovation in Washington State has been the introduction of a Child Support Schedule, including an economic table setting out monthly basic support obligations for each child. The table permits child support to be computed based on the monthly net income of each of the parents, the number of children and the ages of the respective children. Mr. McAtee indicated that the Schedule was introduced as part of an effort to make child support orders uniform across the State and even the Country. However, he noted that the problem with the Schedule is that it can lead to an arbitrary result that overlooks individual differences such as an excessive debt burden of one of the parties.

Standard form conveyancing may soon oe a reality Land Title Office officials are working hard to computerize conveyancing. They envisage a personal computer in a conveyancer's office with capacity to search the Land Title Office and to lift directly from

the Land Title Office data base to the word processing program in the personal computer. The computer would also allow the conveyancer to add in names and terms and to produce a document in signature ready form. For this vision to become a reality, optical scanning must be employed. However, optical scanning will only be workable if standard forms are used. Draft legislation is already in the works to create standard form mortgages which will operate by legislation to charge land as security for payment by the debtor but will no longer operate to transfer land to the mortgagee. The legislation will have provisions for adding to the standard form mortgage by schedule or otherwise. In addressing the General Practitioners Section of the Prince Rupert County Bar, Malcolm MacAvity, Director of Land Titles with the Ministry of the Attorney General, stated that it is not anticipated that these changes will alter the rights as they are now between mortgagor and mortgagee. It is anticipated that the standard form mortgage will be a one page document containing essential facts only and that the mortgage terms will be incorporated in any one of the following ways: (1) referential incorporation of standard mortgage terms prescribed by statute, (2) referential incorporation of standard mortgage terms drafted and filed with the Land Title Branch by the lender or (3) annexation of a schedule containing mortgage terms and available to users through the data base.

SectionTalk (continued) Predicted toughening stance on envrronmental crimes Jack Edwards noted that a recent Angus Reid poll of households across Canada placed the environment as the most important issue facing Canadians, more important than nuclear subs, deficits, the economy, unemployment and health. In addressing a joint meeting of the Environmental and Business Sections, he predicted that the recent prosecutions for environmental transgressions occurring in the U.S. would soon follow suit in Canada. Mr. Edwards referred to a quote which he felt indicated the forward edge of liability: "Fines are inadequate principally because they are easily displaced and rarely affect the source of illegal behavior. Usually fines can be ultimately passed on in the form of higher prices to either the consumer or the taxpayers. Sentencing, to be effective, must reach the guiding mind-- the corporate managers; be they directors or supervisors, they are the instigators of the illegality either through willingness, willfulness, willful blindness or incompetent supervisory practices." In canvassing Canadian case law on parent/ subsidiary responsibility for environmental transgressions, he noted that presently the sanctity of the corporate veil will only be broken in circumstances where the parent is using the subsidiary as an instrument of fraud, to avoid taxes or to avoid some other common law or statutory duties through the shell of the corporation. In the area of director I officer liability Mike Hardin noted that at present a director or officer of a company is liable for his or her own tortuous conduct including negligence in the course of his or her duties. A director/officer will also be liable where he or she directs or "procures" the

commission of a tort. Directors/officers have statutory personal liability also. In addition, personal civil remedies are available for tortuous acts of the directors/officers and against the company for tortuous acts committed in the course of their employment. It is clear, however, that a director I officer will not simply by virtue of that office be held liable for environmental breaches of the company.

No warning needed for roadside sobriety tests In a recent British Columbia Court of Appeal decision in R.v. Heal (CA #V00754, April28, 1989) a majority held that there is no Charter breach when roadside sobriety tests are undertaken by a suspect without a warning to that suspect that the tests need not be done, and if done, the results might be given in evidence. Paige Johnstone told members of the Okanagan Criminal Justice Section that the Court found that sobriety tests need not be preceded with a warning, were not akin to statements, and voluntariness need not be proved.

Family Law finds trend 1n spousal maintenance cases unfair Members of the Family Law Section have drafted a resolution addressing what they see as an unfair trend in spousal maintenance awards since the well-known Trilogy of Supreme Court of Canada cases concerning spousal maintenance and separation agreements, namely, Pelech, Caron and Richardson. These cases interpreted the Divorce Act, 1968 as requiring radical change in circumstance that was causally connected to

the marriage before a maintenance agreement would be varied. In interpreting the Divorce Act, 1985 a majority of the reported decisions of Canadian superior courts have applied the principal of causal connection to originating applications for spousal support to the exclusion of other statutory faxytors set out in section 15(7) of the Divorce Act, 1985. Sections members have noted that the result of the courts' application of the principle of causal connection to those marriages entered into with an expectation of spousal dependency has resulted in unanticipated and permanent economic hardship on the dependent spouse. In such marriages the dependent spouse's opportunities to achieve economic security have been significantly limited or are non-existent. In addition, many maintenance agreements were entered into prior to 1987 on the understanding that under the law at the time they could be varied on proof of substantial change in circumstance without the need of establishing a causal connection between the need and the marriage. Section members feel that the application of the Trilogy test to such cases is also unfair.

Action plan begins Provincial Council passed a twopart resolution at the Dec. 9 meeting supporting the Bar's previous resolution to implement activities towards sustainable development. Contingent upon funding, the resolution supports the hiring of a summer law student to prepare and implement a paper recycling project and to prepare a brief identifying key B.C. environmental law reform issues.

B.C. Branch, Canadian Bar Association stats... Since the beginning of the fiscal year, July 1, 1989 Branch activity includes: Section Enrollments: 11,400 in total with a 3.8 average Section enrollment. To the end of November, the 42 Sections have held 88 meetings and the Branch office staff has handled 40 sets of minutes and 85 mailings. Meetings: Provincial Council has met twice and the Executive Committee has met eight times. Throughout the past six months, each of the Branch's standing, special and joint committees has met and discussed on-going issues concerning the Branch. The Branch's representatives at the National level continue to voluntarily serve the profession through attendance and

National programs help offset fees Take a few moments to peruse the Pride of Membership booklet sent to you last year and take advantage of a wide range of member services at the National and Branch levels. The program received publicity in a Vancouver Sun article on Nov. 9, 1989 which reported that Opposition Leader John Turner had recently bought a Toronto home for $1,750,000 and that the terms of the mortgage stipulate that if he remains a member of the Canadian Bar Association and the house remains his principal residence, the interest rate of 11.75 per cent will be reduced by one-quarter of one per cent. Mr. Turner is making the most of his continued membership in the CBA!

participation on various committees. Programs: The Lawyer Referral staff handled over 3,000 calls each month. Referrals to lawyers registered in the Family Law, Personal Injury and Tort, and Contract and Commercial panels continue to be significant. Dial-A-Law staff played over 2,000 tapes each month to callers province-wide. Over 120 of the scripts have been reviewed and revised and a binder of all 135 Dial-A-Law scripts is now available for $125 by contacting the Branch office.

Recent top ten Dial-A-Law scripts were: 1 Separation and Separation Agreements 2. Requirements for Divorce 3. Small Claims Court Suing Someone 4. Custody and Access 5. Common-Law Relationships 6. Dividing Up Family Assets 7. Probating an Estate 8. A Tenant's Rights and Duties 9. I.C.B.C.- J3enefits for Accident Victims 10. Terminating the Tenancy

Cariboo lawyers set up scholarship fund At their recent convention, the lawyers in the Cariboo Bar Association voted to establish what they are hoping to be the first bursary fund for future students of the "Northern University." Each of the 180 lawyers in the Cariboo, which stretches from Lytton to the Yukon and from Alberta to Endako, will be assessed an annual levy. The capital sum raised over time will be used to endow a permanent set of bursaries to help several

students. The Cariboo lawyers have contributed for many years to an earlier UBC and UVic bursary fund. That fund now has been turned over to these universities to permanently endow a total of six $500 bursaries annually. The universities will administer the fund with preference given to students with a connection to the Cariboo.

Kootenay Bar meets in Idaho The Mid-Winter meeting of the Kootenay Bar Association will be held on Feb. 23 and 24, 1990, in Sandpoint, Idaho. For further information, contact Blair Suffredine at 352-6631.

Winter Convention '90 Victoria, B.C February 1-4 Register Now!

Adventures in the Wilderness Registration deadline is near for Winter Convention '90 in Victoria from Feb. 1 to 4, 1990. Business sessions, an Exhibitor's show on new products and services and a spouse's and children's program make this conference a must to attend. Friday concurrent sessions offer a range of topics from appearing , before the Masters to seizing proceeds of crime. Frank Ogden, Dr. Tomorrow, is the featured speaker on Saturday morning to be followed in the afternoon by panel sessions dealing with legal issues arising from conflicting interests in resource use and management. Registration booklets have been sent to every member and should be completed and returned as soon as possible.

Also, complete and return the BarTalk survey form before January 22 and you could win a free conference registration! Special thanks is extended to the hardworking committee chaired by John Waddell and including Tony Palmer, Adrian Brooks, Richard Margetts, John Green, Trudi Brown, Jane Henderson, Judith Kay, Barney McKinnon, Eric Rice, Bill Murphy-Dyson, Richard Meyer, Jack Ebbels and Joanne Palmer. Calling all UVic Law Alumni A special Nightcap Reception will be held for UVic Law Alumni at the Empress Hotel on Friday, Feb. 2 from 10:00 p.m. The event is sponsored by Horne Coupar, Victoria. UVic Alumni can call 721-8147 to confirm attendance.

B.C. D ates For further information, contact the B.C. Branch office (unless otherwise noted).

For further information, contact the B.C. Branch office. February 1, 1990 B.C. Branch, CBA Provincial Council Meeting Victoria Conference Centre

Law Society of B.C. Benchers Meeting B.C. Courthouse Library Society Executive Meeting February 2-4, 1990 B.C. Branch, CBA Winter Convention Victoria Conference Centre February 2, 1990

Continuing Legal Education Society Board of Directors Meeting Victoria Conference Centre Feb. 17-20, 1990 National Mid-Winter Meeting Saint Sauveur, Quebec (Info: National CBA office 902 - 50 Conner St. Ottawa, Ont. K1P 6L2)

Feb. 23-24, 1990 Kootenay Bar Association Mid-Winter Meeting Sandpoint, Idaho (Info: Blair Suffredine 352-6631) April 7, 1990 B.C. Branch, CBA Provincial Council Meeting Law Courts Inn, Vancouver April15-22, 1990 Law Week Provincial Law Courts April 22, 1990 Law Day Vancouver Law Courts June 22, 1990 B.C. Branch, CBA Annual Meeting Meridien Hotel, Vancouver June 22, 1990 B.C. Branch, CBA Provincial Council Meridien Hotel, Vancouver

Product of the month You don't get a second chance at a first impression and the product of the month, Unibind, gives you the edge on presentations.

Stop by the Unibind booth at Winter Convention '90 for a demonstration. Complete details regarding Unibind are enclosed with this mailing.

The Unibind system gives your reports, presentations, and other bound documents the professional image you require. The system is simple to use and creates bound documents that open flat and are easy to file. Unibind reps will demonstrate the simplicity of this professional binding unit in your office in just 15 minutes. Branch members automatically receive 15 per cent off on covers and a special Winter Convention special of 10 per cent off the purchase price of equipment until Feb. 15, 1990.

BarTalk is published by the British Columbia Branch of the Canadian Bar Association. 504- 1148 Hornby Street Vancouver, B.C., V6Z 2C3 (604) 687-3404 Fax: 669-9601 Copyright the British Columbia Branch of the Canadian Bar Association - 1990