BarTalk | July/August1990

NEWSLETTER OF THE CANADIAN BAR ASSOCIAT ION , The report of the B.C. Branch's B.C. BRANCH Sustainable Development Com-

CBA urges changes in B.C. law to protect environment

mittee highlighted the 1990 Annual Meeting of the Branch on June 22.

JULY/AUGUST, 1990 VOLUME2 NUMBERS

Members passed a resolution directing the Branch Executive to forward the report to the provincial government while urging "serious consideration" of some 250 recommendations in the report.

These recommendations are aimed at restructuring provincial law to better protect the British Columbia environment.

HIGHLIGHTS ANNUAL MEETING/2

Calvin Sandborn, editor of the publication, says society's rules will have to change "if we are to change the way we treat the earth."

He adds: "Our legal system, which has historically done an admirable job in protecting bodSECTIONTALK/3 ily integrity and private property interests, must now turn its attention to the 'tragedy of the PRESIDENT'S commons' - the tragedy of REPORT/5 what has happened to our common air, water and land, partially because we have not adeRECYCUNG quately protected the commons HELP/7 bylaw.

LEGISLATIVE UPDATE/8

PLAIN LANGUAGE & UTERACY/11 DATES TO NOTE/12

"As lawyers, we have an important role to play in advocating changes in the legal system which will help us to protect the 'global commons'."

Sandborn describes the book, prepared by the committee with the assistance of law students and other professionals, as an

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Sustainable Development Committee majo.r aspects of the repo!t to Provincial Council . From left to right, Lynne Huest1s, James MacKenzre, William Andrews (holding report), Calvin Sandborn and Gary Letcher.

Annual Meeting highlights Branch President Russell Lusk, in a brief report to the annual meeting, urged members to review the annual report which provides a synopsis of the many activities of the Branch.

Lusk noted in particular the restructuring of the Legislation and Law Reform committee to better respond to law reform issues on behalf of the Branch.

He also reported that the Law Foundation of B.C. has approved a grant to fund a Branch legislation and law reform officer and that a search for a suitable candidate would be underway soon.

Lusk also noted the recent release of the Vancouver Family

Law Restatement text which exemplifies the high quality work that the sections undertake on behalf of the membership and the profession. (See President's Report in this issue for further details.)

Lusk also referred to the agreement signed this year with Greenshield Prepaid Legal whereby the Branch has endorsed the firm to offer prepaid legal services under an "open panel" model to the public.

As well, Lusk noted the continued increase in the Lawyer

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Annual Meeting Highlights (continued) Referral calls and the installation of the new Dial-A-Law computer equipment offering access to the 135 tapes 24 hours a day, seven days a week. He also thanked the Law Foundation of B.C. for their on-going support of these valuable programs.

The complete text of the president's report is found in the Branch's annual report.

Financial Report Secretary-Treasurer Wendy Baker reviewed the audited financial statements ending June 30, 1989 which reflected a surplus of $46,954 for the 12-month period. The accumulated surplus at the end of the fiscal year was $82,987 which did not include the Branch special reserve of $25,000.

She noted the 1989/90 budget forecasts a modest deficit of $24,648 with a projected surplus of $58,339 for the end of the 1990 fiscal year. Baker reported that significant changes to the financial statements, a new fiscal year and new Branch budgetary programs appear to be working well.

Executive Director's Report Robert Smethurst reported that the Branch has concentrated on using new technology to deliver services and programs to the members. In particular the installation of a new fax machine, telephone system and photocopier have resulted in considerable savings for the Branch .

As well, he noted that the new interactive Dial-A-Law system would be operational by early July and will allow 24 hour, seven day a week access to this valuable public service. The Lawyer Referral system in the Branch office is also being computerized and will enable the Branch staff to handle the hundreds of calls received each day more efficiently and effectively.

A panel re-registration will be undertaken to update the Branch's current database of volunteer participants in the program.

Other activities • A resolution urging the Canadian government to change tax laws so as to permit the mind and management of international shipping ventures to be located anywhere in Canada on a tax exempt basis on its nondomestic income was approved. • Special guest speaker Bruce Green, president of the Alberta Branch of the Canadian Bar Association, provided members with his delightful comments on the similarities of the two associations.

Special presentation by Soviet Jurists Three esteemed members of the Soviet delegation attending the first Canadian/Soviet meeting of jurists since the Cold War began, were honored guests at the Branch's Annual Meeting. (See article in this issue regarding the conference.)

The leader of the delegation, Professor G.I. Tunkin, President of the Soviet Association of International Law at the University of Moscow provided his personal views on perestroika.

Tunkin indicated that the political structure in the Soviet Union has become overcentralized and that to restructure the economy requires revamping the political structure as well.

But decentralization has created many problems as reported in the media such as an "explosion of nationalistic feelings," and the desire for "republics to selfgovern." He noted that the move to a regulated market economy is not going smoothly.

He also noted that a very important part of perestroika is

continued change from confrontational to co-operative policies.

Professors M. Bardina and S. Vinogradov also gave short presentations on recent developments in the Soviet Union including trade law developments.

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Environment (continued from p. 1)

initial attempt at proposing restructuring of provincial law to better protect the environment.

The publication covers a range of subjects over its 27 chapters, from agricultural land and contaminated land to safe drinking water, wetlands protection and wilderness preservation.

The 40-member committee, chaired by William Andrews, executive director of the West Coast Environmental Law Association, received financial assistance for its work from The Law Foundation of B.C. The Branch also extends a special thank you to the members of the Sustainable Action Development Committee including Robert Gourlay, Robert Smethurst, Calvin Sandborn and James Mackenzie.

The Branch's sustainable development action plan parallels a plan adopted by the national Canadian Bar Association. The report will be presented at the CBA Annual Meeting in London in September along with other law reform proposals from across Canada.

Shelley Bentley

Symptoms of parental alienation syndrome described Parental Alienation Syndrome (PAS) refers to a situation where one parent has alienated the children from the other parent.

The symptoms of PAS are frequently present in family law cases but may not be recognized.

New Westminster Family Law Subsection members were given some invaluable advice on how to recognize this syndrome by Dr. Michael Elterman. Dr. Elterman provides expert advice to Family Court Counsellors in preparing custody and access reports pursuant to s. 15 of the B.C. Family Relations Act. Dr. Elterman noted that PAS is becoming increasingly common especially where the dispute has been going on for a year or longer. This syndrome typically involves the vilification of one parent by the other for trivial reasons. This can lead to a deep hatred of the vilified parent by the child. However, the syndrome does not include sexual abuse, by definition. According to Dr. Elterman, what often starts as a preference by the child for one parent or the other becomes polarized. A parent may require a child to identify with his or her hatred of the other parent as a condition of a

loving relationship. A young child may then denigrate the alienated parent like a practiced litany and will exhibit extreme expressions of hatred. Yet, when asked to explain why the child hates the parent his or her explanations will appear petty and reaching. The loved parent will usually agree that the child's reasons are valid despite evidence to the contrary.

PAS arises frequently in situations where the father's infidelity leads the mother to vilify him or where the father convinces the child that the mother is out having sex. A mother may complain about the lack of money to the children, blaming the father. The mother may tell the children that the father has abandoned them. Frequently the loved parent will exaggerate problems of the other parent, such as the use of cigarettes and alcohol. Sarcasm is a device frequently used by the loved parent. The use of the child as a messenger is another common problem. In many cases, the non-custodial parent will be told that the child is not home when he calls. The loved parent will often feign neutrality by saying such things at "It's up to you if you go with the other parent."

Dr. Elterman suggested several remedies in these cases. He advised parties to act quickly when symptoms of the syndrome become evident. In some cases removal of the child from the loved parent is necessary. In others it may be appropriate to have the child brought into court and ordered by the Judge to see the other parent, so as to take the pressure of choice off the child.

Supervised access is often a remedy where the non-custodial parent is creating the alienation.

The cost of such access sometimes has an impact on the parent creating the alienation. It

may also be ordered that a parent obtain counselling as a condition of access.

Court of Appeal decides case in aftermath of Norfolk v. Aikens In the Vancouver Real Property Subsection meeting members were informed of a recent decision by the B.C.C.A. in Shen v.

Pulvers and Pulvers (Vancouver Registry, March 1, 1990, C.A. 011026). In this case, the purchaser was seeking an order for specific performance of a contract drawn on the standard form Contract of Purchase and Sale. The transaction was proceeding in the "usual manner" with documents forwarded to the vendor's solicitor on the "usual undertakings." The purchaser was using a new mortgage to finance the purchase of the property. The vendor failed to return the executed documents but did not indicate in advance that he would not complete. The purchaser did not tender the purchase price on the closing date. The Court of Appeal ruled that two things had to be shown in order to obtain specific performance: first, the purchaser had to be ready, willing and able to complete the purchase and, second, the conduct or communications from the vendor had to be such as to excuse the purchaser from tendering. In this case the purchaser did nGt have the cash to tender, nor did the vendor's conduct relieve the purchaser of the obligation to tender.

In the Subsection meeting it was noted that this case also raised the question of whether or not, by delivering the closing documents to the vendor's lawyer on

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SectionTalk (continued) the "usual undertakings" involving mortgage financing, the purchaser's lawyer is raising the possibility of anticipatory breach of the contract.

Addendum Added to Standard Form Jane Purdy advised Vancouver Real Property Subsection members that the B.C. Real Estate Association adopted two clauses which they will recommend to their members be inserted in all Contracts of Purchase and Sale.

The "Standard Addendum to Standard Contract of Purchase and Sale" is designed to overcome the problems created by the Norfolk v. Aikens case. These two clauses are as follows: (a) "Paragraphs 1 (Title) and 2 (Completion) are amended by adding the following: if the Vendor has existing financial charges to be cleared from title the Vendor, while still required to clear such charges, may wait to pay and discharge existing financial charges until immediately after receipt of the purchase price, but in this event, the Purchaser may pay the purchase price to a lawyer or notary in trust, on undertakings to pay and discharge the financial charges, and remit the balance, if any, to the Vendor. (b) "Paragraph 2 (Completion) is amended by adding the following: If the Purchaser is relying upon a new mortgage to finance the purchase price the Purchaser, while still required to pay the purchase price on completion date, may wait to pay the purchase price to the Vendor until after the transfer and new mortgage documents have been lodged for registration in the appropriate Land Title Office, but only if, before such lodging,

the Purchaser has: (a) made available for tender to the Vendor that portion of the purchase price not secured by the new mortgage, and (b) fulfilled all the new mortgagee's conditions for funding except lodging the mortgage for registration, and (c) made available to the Vendor, a lawyer's or notary's undertaking to pay the purchase price upon the lodging of the transfer and new mortgage documents and the advance by the mortgagee of the mortgage proceeds."

It is hoped that the standard form Contract of Purchase and Sale will be amended in September to incorporate these paragraphs. Anyone who has suggestions for revisions should contact Jane Purdy or Ian Cassie.

Convey:ancing Fees Studied by Subsection A committee of the Vancouver Real Property Section conducted a time and motion study for lawyer and staff involvement in conveyancing. This study was undertaken because many lawyers feel that the fees charged in a standard residential conveyance were too low given the work involved in order to do a proper job for clients. It was suggested that many practitioners could not be doing as thorough or complete a job as they should. In a purchase transaction without mortgage financing the average solicitor time for an acceptably thorough effort was estimated at 2.6 hours and the paralegal time at 3.4 hours or secretarial time at 6.6 hours.

Additional time of 0.3 hours was added. In a purchase transaction involving a mortgage, acceptable solicitor time was estimated at 4.0 hours and sec-

retarial time at 9.3 hours or paralegal time at 5.0 hours. Additional time of 0.3 hours was added.

The committee felt that the public has a misapprehension that in a standard conveyance all the work is done by a secretary, and that all lawyers do the same job.

Therefore, the cheapest rate should be sought. It seems that many members of the public also feel that lawyers' fees and disbursements are too high and that if the lawyer makes a mistake he or she can be sued so there is no point in paying for a quality job.

The committee concluded that the Law Society should consider an advertising campaign, in a publication such as the Real Estate Weekly, to explain to the public the work involved in a conveyance.

Section registration hits new h1ghs Members have received an enrollment form to join Sections for the 1990/91 year. To ensure that Section mailing lists are current, members are required to re-register for Sections each year.

The B.C. Branch now has 46 Sections with newly formed Sections including Entertainment Law, Native Justice, Legal Research and Health Law. Over 12,000 Section enrollments were registered last year, with some 245 Section meetings taking place.

Members who do not re-register by the end of August will have their names automatically removed from Section mailing lists.

If you require an additional Section enrollment form, please contact the Section Co-ordinator at the Branch office (687-3404).

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President's report were carrying on other demanding full time jobs. The practical touch is reflected in _the publication designed for use m the law office, Judge's chambers and the courtroom.

Russell Lusk, President The backbone of the Canadian Bar Association is the Sections.

You may have heard this before.

It is true, not only in our province, but across Canada.

We now have 46 Sections in our Branch with the recent approval

by Provincial Council of Sections for Health Law, Native Justice and Legal Research.

This past year in British Columbia there were in excess of 245 Section meetings. Provincial Section enrollment is in excess of 12,000. Most Sections produce first-rate minutes, papers and reports which have grown in quality and volume in the past several years. A summary of Section activity is contained in the Annual Report of the Branch, copies of which are available on request from the Branch office.

Recent work emanating from two Sections deserves particular attention. Firstly, the Vancouver Family Law Section has authored, edited and recently had published the Family Law Restatement for British Columbia. The Restatement contains a compendium of the substantive law of the province in the area of family law. A number of dedicated and knowledgeable practitioners in the family law area and judges participated in this project which spanned several years. It is a highly professional publication.

What is particularly impressive about this work is that it was carried out by practitioners and members of the judiciary who

The participants are to be commended for this excellent project. Our thanks is also extended to the Ministry of the Attorney General for providing needed funding and to the Continuing Legal Education Society for its usual professional work in publishing this text.

The second project was initiated by the Environmental Law Section. This Section was instrumental in the formation of the Sustainable Development Committee of the Branch. Sustainable development has been described as development that meets the needs of the present without compromising the ability of future generations to J:n_eet their own needs. The Committee has put together a two hundred and fifty page volume on law reform proposals directed at provincial level law reforms.

Twenty-seven separate papers have been authored on an equal number of diverse topics. The report contains dozens of recommendations on topics such as contaminated land, Crown land use planning and ozone depletion.

This report was received at the Branch's Annual Meeting in June, 1990. It is not the final word on these subjects since other Sections, groups and individual members within the Bar will wish to review, comment on and debate the merits of the various recommendations. The report will serve to focus discussion and debate. This report also represents a major collective effort of dedicated members brought together under the aegis of the Section structure of the CBA.

These publications reflect a developing trend for Sections to expand their horizons well beyond the traditional monthly meetings. Apart from an increased emphasis on legislation and law reform activities, as the Section membership expands there will be an increase in the variety and number of projects, publications, practice aids, meetings and conferences presented by the Sections. The Sections constitute a bountiful source of expertise and a pool of talent in many areas of the law.

The opportunity is provided through this vehicle to enable the combining of expertise and human resources capable of generating publications and reports which for most individuals would be an impossible task.

It is hoped that these works will

serve as an inspiration and a springboard for other Section members to follow suit and to initiate the creation of equally substantive publications within their various fields of expertise.

Branch Annual Report The Annual Report of the B.C. Branch for 1989/90 is now available. To obtain a copy of the report, please contact the Branch office.

Included in the Annual Report are reports from many committees and provincial Sections of the Branch as well as the annual report of the Branch president, the secretary-treasurer and the executive director.

The Annual Report is considered both a report to the profession and the public but the cost to send a copy to each member has been prohibitive. Copies of the report are distributed also t? the media throughout the provmce.

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Branch election results announced UBC's Faculty of Law since 1984 and was honorary lecturer at the university from 1980-84.

Wendy Baker was elected vicepresident of the Branch and Rob Gourlay was named secretarytreasurer. Elected to the executive as members-at-large were Parker MacCarthy, Duncan; John Waddell, Victoria; David Brine, Surrey; and Eric Rice, Richmond . .

Exec!ftive Committee members include (front row) Eric Rice, Wendy Baker, Terry La Lzberte, Rob Gourlay, (back row) David Brine, John Waddell, Russell Lusk, Parker MacCarthy.

Terry LaLiberte of Vancouver has been elected president of the Canadian Bar Association, B.C. Branch for the 1990/ 91 year.

La Liberte, elected by acclamation at the annual meeting of the Branch in Vancouver on June 22, 1990, succeeds Russell Lusk of Ladner Downs. La Liberte begins his one year term on

September 27, 1990. He practices in the areas of criminal law and civil litigation with the law firm of La Liberte Rich and has served the bar association in a number of capacities over the years.

A graduate of the University of British Columbia, La Liberte has served as adjunct professor in

Elected to the Branch's provincial council as representatives from the various counties were: Cariboo: Wayne Plenert, Ken Repstock; Nanaimo: Parker MacCarthy, Andrew Croll; Vancouver: Robert Gourlay, George Reilly, Jeffrey Scouten, Felicia Folk, John Mcintyre, Phillip Scarisbrick; W es tmins ter: David Brine, Therese Alexander; Kootenay: Sandra Smaill, Peter Somerville; Prince Rupert: Mark Takahashi; Victoria: Anthony Palmer, Richard Margetts (2-year term); Yale: James Horne.

Provincial Council highlights Following the Annual Meeting on June 22, 1990, members of Provincial Council met to conduct business of the final meeting of the 1989/90 fiscal year.

President's Report President Russell Lusk noted that new officers will officially take office on Sept. 27, 1990 to coincide with the National's AGM. However, the new executive will begin its work to coincide with the Branch's program year in early September with President-elect Terry LaLiberte chairing the September 8 meeting of Provincial Council.

1994? Revision and Statute Database Clifford Watts, legislative counsel to the province, reviewed the changes that have been taking place to produce new statutes and to revise statutes and regulations.

Watts noted that as computerization of searches continues, the profession will be consulted. He noted that revision of statutes is not all encompassing but rather deals with technicalities and changes to help in clarifying statutes.

Directory Report

Court Services Committee Report

Eric Rice noted that to date over 7,100 copies of the 1990 Branch Directory had been sold.

Co-chair Gordon Turriff reported that the committee maintains a very good working

relation with the provincial government court services personnel and have been monitoring changes in the Judiciary and court structure. Turriff also said that while a move of the Vancouver Law Court library has been considered, it appears that such a move may be two or three years away and that the profession will have the opportunity to comment on any proposed changes.

New Sections formed Provincial Council approved the formation of the Health Law, Native Justice and Legal Research Sections. This now brings the Branch Sections to 46. (continued on

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Soviets attend post-Cold War conference CBA President Russell Lusk, Law Society of B.C. Deputy Treasurer Robert Dick and SFU Professor of International Law Edward McWhinney welcomed Soviet delegates at a special reception on June 20, 1990.

The Soviets were in Vancouver attending a major Canada-USSR conference entitled "Ending the Cold War: International Law and Global Co-operation in the Era of Perestroika and Disarmament."

The conference was organized around a series of nine panels with the overall theme of peace and security issues in the postCold War period. Special reference was given to positive and concrete projects for Canada/ Soviet future co-operation in such matters as nuclear disarmament and arms control,

Soviet delegates address members at Annual Meeting. (Right to left) G.l. Tunkin, M. Bardina, S. Vinogradov.

Institute for International Peace environmental protection, international law, and human rights.

Vancouver was the only city in North America visited by this esteemed Soviet delegation.

The conference was organized and presented by the Centre for International Studies at SFU and was sponsored by the Canadian

Recycling help just a call aw ay The B.C. Branch Lawyers' Recycling Project has been given a boost by receiving funding from Environment Canada's Environmental Partners Fund to hire a summer student.

ble to stimulate a recycling project in each law firm. He will visit law firms to speak to office managers personally with a goal of marketing the recycling concept to the firm.

John Mostowich, a law student from the University of Victoria, will be available until the end of August to assist B.C. law firms in setting up recycling programs.

John is available to answer any questions about developing an office recycling program.

The goal of the project is to make 250 law firms aware of recycled paper suppliers and purchasers and to commence recycling operations in their offices. It is hoped that this will have a significant impact on the general business community, leading professionals and other business people across B.C. to begin similar projects.

John can help a firm initiate a recycling program by assisting in the evaluation of individual firms' recycling needs and sug. gesting the best recycling method for particular situations.

If your firm is already running a recycling program, John can suggest ways to expand your recycling efforts.

During July and August, John will contact representatives of as many law firms in B.C. as possi-

Russell and DuMoulin is providing office space and secretarial support for the Lawyers' Recycling Project. For information concerning the B.C. Lawyers' Recycling Project, please contact John Mostowich at 688-3411.

and Security, the Law Foundation of B.C. and Simon Fraser University. Conference proceedings are expected to be published in separate English and Russian language volumes in early 1991.

Provincial Council (continued from p. 6)

Committee Reports Hugh McLellan submitted the Enduring Power of Attorney Committee report which was approved by Council.

Greg Steele indicated that the Legislation and Law Reform Committee was active and that funds had been obtained from the Law Foundation to hire a legislation and law reform officer for a one-year period.

Provincial Council also approved a resolution to add the chairperson of the Legislation and Law Reform Committee as an ex-officio member of Provincial Council.

CBIA Report Leigh Harrison provided a brief report on the CBIA outlining its mandate and marketing. He noted that for the first time the CBIA board of directors had agreed to pay an annual stipend to the CBIA president to help compensate that person for the substantial amount of time dedicated to the position.

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.

Regulations to Note

Bonita Thompson

Motor Carrier Act, B.C. Reg. 59/59, the Motor Carrier Regulations, are amended by repealing and replacing Part 10 respecting the issue of fees for and terms and conditions of Temporary Permits. effective May 3, 1990

Natural Gas Price Act, B.C. Reg. 199/85, the Natural Gas Price Act Regulation, is amended in s. 2(1), cost of service definition. effective May 3, 1990

Financial Administration Act, B.C. Reg. 84/86, the Pooled Investment Portfolios Regulation, is amended, inter alia, to provide for the annual calculation and attribution of income and net taxable capital gain. effective May 10, 1990

Revenue Sharing Act, B.C. Reg. 536/77, the Revenue Sharing Act Regulations, is amended by repealing and replacing s. 35(2.1) dealing with capital costs of sewage collection and disposal facilities . effective May 10, 1990

is further amended by adding s. 35(1.1). effective June 5, 1990

Workers Compensation Act, Schedule B of the Workers Compensation Act is amended in paragraphs 3A and 4A respecting industrial disease. •?.f;'ective May 10, 1990

Land Title Act, B.C. Reg. 53/90, the Land Title (Transfer Forms) Regulation, is amended in Forms A, B and C - User Guide: Execution by Individual Attorney. effective May 18, 1990

Natural Products Marketing (B.C.) Act, B.C. Reg. 101/90, the British Columbia Milk Marketing Board Regulation, is amended respecting, inter alia, the definition of "manufactured milk product." effective May 18, 1990

Social Service T(JX Act, B.C. Reg. 84/58, the Social Service Tax Act Regulations, is amended ins. 2.21. effective May 18, 1990

Horse Racing Act, B.C. Reg. 62/70, the Rules and Regulations of Horse Racing, are amended, inter alia, respecting colours and appliances affecting a horse's performance. effective May 25, 1990

Motor Vehicle Act, B.C. Reg. 26/58, the Motor Vehicle Act Regulation, is amended respecting the definition of "special vehicle" for public transportation of handicapped persons. effective May 25, 1990

Liquor Control and Licensing Act, B.C. Reg. 608/76, the Liquor Control and Licensing Regulations, are amended, inter alia, by adding s. 7.1 to provide for beverage service training. effective June 8, 1990

Shelter Aid for Elderly Renters Act, B.C. Reg. 298/77, the Shelter Aid for Elderly Renters Regulations, is amended. effective May 25, 1990 and on July 1, 1990

Electrical Safety; Family Maintenance Enforcement; Fire Services; Small Claims; B.C. Reg. 57/65, Certificates of Competency for Electrical Contractors Regulations; B.C. Reg. 346/88, the Family Maintenance Enforcement Act Regulation; B.C. Reg. 15/87; the British Columbia Fire Code Regulation; B.C. Reg. 63/78, the Public Hall and Theatre Safety Regulations; and B.C. Reg. 412/82, the Form for Appeal Regulations, are amended deleting references to the "County Court." effective July 1, 1990

Court Rules Act, is amended in (a) B.C. Reg. 421/75, the Divorce Rules, in the definition of "judge" ins. 1 effective July 1, 1990

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Legislative Update

(continued)

(b) B.C. Reg. 303/82, the Court of Appeal Rules, in Appendix A, Form 4, Part 3 by striking out "C.C.J." for a judge of the County Court. effective July 1, 1990

(c) B.C. Reg. 310/76, the Supreme Court Rules, is amended in Rules 1, 3, 4, 27, 41, 42, 55, 57,64 and Schedule 1 of Appendix C. effective July 1, 1990

Mines Act, S.B.C. 1989, c. 56, and grants approval to the health, safety and reclamation code for mines in B.C. under s. 35 of the Mines Act, a copy of which code is on file in the office of the Chief Inspector of Mines. in force July 15, 1990

Acts in Force

in force April 26, 1990

Wildlife Amendment Act, 1989, S.B.C. 1989, c. 84, s. 38, repeals and replaces s. 76 of the Act respecting the accidental killing of wildlife. in force May 18, 1990

First Reading Bills The following bills which may be of interest to lawyers have been introduced into the Legislature. They have not yet been enacted although please note that some of them may apply retroactively.

Foreign Money Claims Act, 1990

This bill gives a court jurisdiction to make an Order, where it considers that the person in whose favour the order will be made will be most truly and exactly compensated if the money payable under a judgement is to be measured in currency other than Canadian currency. Judgment is still payable in Canadian currency but the amount payable is the amount of Canadian currency that is necessary to purchase the equivalent amount of the foreign currency at the conversion date, which is the last date before the day on which payment under the Order is made.

Bill 7 -

The Convention, itself, does not come into force until the provisions of Article 99 are met which involves steps to be taken by the Government of Canada.

BillS -

International Sale of Goods Act

This bill requests the Government of Canada to declare that the U.N. Convention on Contracts for the International Sale of Goods extended to B.C.

Conflict of Laws Rules for Trusts Act

This bill establishes rules for determining which Provincial law governs the validity, administration and construction of trusts. The bill does not extend to trusts which are subject to the International Trusts Act. Bill14 -

Motor Vehicle Amendments Act, 1986, S.B.C. 1986, c. 19, s. 12, respecting s. 26 of the Motor Vehicle Amendment Act, 1982, S.B.C. 1982.

Bill 6 -

This Convention includes fairly wide ranging provisions on sales of goods between contracting states. Certain forms of sale of goods are exempted - such as goods for personal use and it is open to contracting parties to contract out of the Convention, according to the provisions of the Convention.

Home Owner Grant Amendment Act

This bill provides that the basic home owner grant for 1990 and subsequent years will be the same as the total of the grants provided in 1989. The basic grant will be $430 ($700 for seniors and other eligible for the higher amount). This grant permits a deduction from taxes, other than school referendum taxes.

In addition, the bill introduces a supplementary grant as a deduction from school taxes, other than school referendum taxes, if those taxes are greater than the amount of the basic grant. The supplementary grant will be 25% of the difference between those taxes and the basic grant in 1990, 50% in 1991 and subsequent years. There is a $1,000 limit on the amount of the supplementary grant. This Act will be deemed to come into effect on January 1, 1990.

Bill21 - Property Purchase Tax Amendment Act

This bill will increase the tax credit eligibility limit on principal residences located in the Lower Mainland. The new limit for a principal residence located in the Greater Vancouver Regional District, the Central Fraser Valley Regional District or the Dewdney-Alouette Regional District will be $200,000. The limit in other areas will be $150,000.

The maximum tax credit in these three regional districts is $6,650 and $5,000 in other areas. This Act will be deemed to come into effect on April 20, 1990.

Bill 26- Personal Property Security Amendment Act, 1990

This bill makes numerous amendments to the Personal Property Security Act before it is brought into force .

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Legislative Update (continued) Bill29- Structured Compensation Act, 1990 This bill re-introduces the legislation introduced but left on the order paper in the last legislative session. It provides for structured compensation orders in actions for damages for personal injuries or under the Family Compensation Act. This bill was referred to the Standing Committee of the Legislature on May 16, 1990 to permit public comment. The Canadian Bar Association is expected to make representations.

Bill31- Health Professions Act, 1990 This bill will allow the Lieutenant Governor in Council to designate particular health professionals as being authorized to be self-governing. On designation, a college for the health profession would be established. The bill contains extensive provisions relating to the process of inspections, enquiry into complaints and discipline procedures.

amount in error. The definition of related individual under the Property Purchase Ta x Act is expanded to include parents-in-law, grandparents-in-law and great grandparents-inlaw and the current exemption for a transfer between a family farm corporation and clarifies that a transfer to an assignee of an agreement for sale is exempt only if tax was paid on the registration of the assignment. It received Royal Assent on June 12, 1990.

Bill42- Accountants (Certified General) Amendment Act, 1990 This bill strengthens the capacity of the Certified General Accountants Association to develop, monitor and enforce its standards of professional practice.

Bill43 - Community Care Facility Amendment Act, 1990

The Act contains a number of amendments with respect to the Credit Union Incorporation Act, the Financial Institutions Act, the Company Act, the Cooperative Associations Act, the Insurance Act, and the Insurance (Captive Company) Act. This Act was given Royal Assent on June 12, 1990.

This bill consolidates the Provincial Child Care Licensing Board and the Provincial Adult Care Licensing Board under the name Community Care Facility Appeal Board. The function of the Board is limited to the hearing of appeals. Medical Health Officers are given primary responsibility for licensing facilities and a director of licensing is responsible for the suspension or cancellation of a license or permit and for the granting of an early childhood educator certificate.

Bill 36 - Energy Efficient Act, 1990

Bill44 - Pension Benefits Standards Act, 1990

This bill establishes energy efficiencies standards applicable to the sale or lease of for certain prescribed appliances, industrial, electric motor or electrical apparatus.

This bill establishes minimum standards for all pensions in the Province including vesting after five years of continuous service, portability options for terminating vested members and minimum survivor benefits.

Bill32 - Financial Institutions Statutes Amendment Act, 1990

Bill38 - Hazardous Waste Management Corporation Act, 1990 The bill will establish a Corporation to be known as the British Columbia Waste Management Corporation. The objective of the Corporation is to ensure the development, implementation and maintenance of a comprehensive waste management system in British Columbia. Included in the Corporation's powers are the powers to lend money to hazardous waste management enterprises, guarantee the payment of a loan made to a hazardous waste management enterprise and invest in a hazardous waste enterprise. It received Royal Assent on July 6, 1990.

Bill39 - Taxation Statutes Amendment Act,1990 This bill contains a number of miscellaneous amendments to various taxation acts. An application for a refund under the Motor Fuel Tax Act must be signed by the person who paid the

Bill 45 - Family and Child Service Amendment Act, 1990 This bill requires the Superintendent to provide the parents of a child who is apprehended with a copy of the report to Court.

Bill 56 -

Securities Amendment Act,1990

This bill will repeal the Commodity Contract Act and at the same time make amendments to the Securities Act in order to regulate commodity contracts in the same way as securities are regulated under the Securities Act. The bill also contains a number of miscellaneous amendments to the Securities Act. It received Royal Assent on July 6, 1990.

Bill 59 - Mine Development Assessment Act, 1990 The purpose of this bill is to formalize the mine development review process.

II

Access to justice linked to literacy for many Canadians A two-year project, "Task Force on Legal Literacy," was announced recently by the National CBA President John Jennings.

The task force's objectives will be to research the need for legal literacy programs, to develop program initiatives (both within the CBA and other literacy and public legal education groups) and to implement its findings through the creation of a permanent CBA Standing Committee on Legal Literacy.

Five members of the CBA, a researcher and two literacy experts will be involved in the project and will be headed by Laird Hunter of Edmonton.

"More than 4.5 million Canadians fail to reach minimum levels of functional literacy. Many of them require assistance to understand their basic legal rights and responsibilities in order to obtain access to justice," said Jennings in a recent news release. "We need to create greater sensitivity and understanding among the legal community to the needs of those with low literacy skills."

The Department of the Secretary of State has granted $180,000 over two years to fund the project. The Task Force will table its report at the 1992 Annual Meeting.

Simple and clear language mandate of new institute The newly established Plain Language Institute will oversee the introduction of simple and clear language into legal documents used by government and the business community.

Joint funding totalling $500,000 for each of three years has been committed by the Ministry of the

Attorney General and the Law Foundation of B.C.

French which form the basis of legalese.

"I feel the Institute will be an important contribution to the community and will allow us to coordinate efforts to introduce plain language principles and products in law firms, financial and business concerns and local governments," said Law Foundation Chairman Alec Robertson in a recent media release.

The gradual move to English in British law had an undesirable side effect. Ever cautious, lawyers took to combining the required English word with the long-used French and Latin terms.

Attorney General Bud Smith joined Robertson in pointing out that "by jointly funding this project we can work to identify existing plain language policies, we can also conduct evaluation research on the success of the plain language program."

The Plain Language Institute of B.C. will operate as an incorporated society with a board of directors. A search is underway for an executive director.

Did the plain language movement beg1n in 1362?

You may be surprised to learn that there was a plain language movement in the 14th century.

Before then, higher learning and state business were conducted in Latin and French. You'll recognize "Law French" words like estoppel and voir dire. The vernacular English took a drubbing with the Norman Conquest, but gradually made a comeback in lower level courts and oral proceedings.

The "plain English" movement won a victory when English was mandated for oral court proceedings in 1362. Legislative drafters put statutes in English in the 15th century; law reports and court registries took to English as late as the 18th century. Modern French and Modern English have little in Common with Old English and Old

This was the genesis of the doublets and triplets that clutter current legal language. Examples are rights and remedies; act and deed; cease and desist; give, devise and bequeath; rest, remainder and residue.

Courts have rarely defined these composite phrases differently from their constituent elements.

Today's plain language crusaders want us to eliminate redundant words as we improve our general writing skills.

Learn more about plain language at the CLE Plain Language Project's Open House on October 11 from 4 p.m. at 150900 Howe Street in Vancouver.

Congratulations to Law Uay essay winner Marcie Allan's essay titled "Is Mandatory Recycling Justifiable?" was chosen from among submissions throughout the province as this year's winner of the annual Law Day essay contest. Allan is a student at Mission Secondary School.

Allan received a book and a plaque in recognition of the high standard of her essay. Essays were judged by a panel of the provincial Law Day committee.

12

Members serve the profession Glen Orris of Vancouver and James D. Taylor of Lantzville have been appointed recently to the Advisory Committee to the Judicial Council of British Columbia.

Tony DuMoulin has been appointed the B.C. Branch representative on the Law Society of B.C.'s Implementation of a Legal Assistant Certification Program Committee.

Bob Clarke has been appointed to the Branch's Joint Court

Services Committee.

The following names have been forwarded to the National CBA Nominating Committee: Warren Wilson for chairman of the Member Services Committee; Bill Skelly for Vice Chairman of the Resolutions Committee; Greg Bowden for Vice Chairman of the Financial Review Committee; and Jim Vilvang for Vice Chairman of the Legal Aid Committee.

Ontario wins first mock trial Students from Vancouver's Lord Byng Secondary School and Toronto's Thornhill Secondary School competed on June 1 in the first inter-provincial mock trial competition.

Mock trials involve students in re-creating the drama of courtroom procedures while providing a "hands-on" insight into the role of a trial in the justice system.

The competition was sponsored by the British Columbia and Ontario Ministries of the Attorney General and the Ontario and B.C. Branches of the CBA. Judges included The Hon. Mr.

Justice M.R. Taylor, Mary Beeching of the B.C. Ministry of Attorney General and Don Sorochan, the B.C. Branch's 1990 Law Week chairman. Using a points rating scale, the judges declared the Ontario team the winner of the first interprovincial mock trial.

Lord Byng students included Tania Bartolic, Niki Campbell, David Kerr, Jessica Wittman, Rhys Lloyd and Rebecca DuMoulin. Thornhill was represented by students Szilvia Fugedi, Debra Moscowitz, Carolyn Rahal, Matthew Zaldin, Adam Feldman and Jessica Hubel.

Product of the Month The Canadian Bar Global Fund is a new international investment opportunity available exclusively to members of the CBA and related persons.

The CBA has established Canadian Bar Mutual Fund Management Inc., a partnership between the Canadian Bar Financial Corporation (a wholly owned subsidiary of the CBA) and Brockhouse & Cooper Inc., a Montreal based international investment

dealer and advisor for over 20 years.

CB Management's first product is CB Global fund, a mutual fund designed specifically to invest in equity securities selected from markets in North America, Europe and the Far East.

Complete details are outlined in the flyer included with this issue of BarTalk. For further information, call CB Global Fund collect at (514) 954-1551.

Dates to Note For further information, contact the B.C. Branch unless otherwise noted.

September 8, 1990 B.C. Branch, CBA Provincial Council Robson Square Conference Centre September 23- 27, 1990 Canadian Bar Association National Annual Meeting London, England September 28- 30, 1990 Paisley Conference Paisley, Scotland (Contact CLEat 669-3544 for conference brochure and registration form) October 27, 1990 B.C. Branch, CBA Local and County Bar President's Meeting Law Courts Inn, Vancouver November13, 1990 Bench and Bar Dinner Law Courts Inn, Vancouver

Winter Convention set for March '91 Mark your calendars now to attend the B.C. Branch's Winter Convention '91 from March 14 to March 17,1991.

The Convention is scheduled to be held at the Westin Bayshore in Vancouver. Further information will be published in upcoming issues of BarTalk.

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