BarTalk | March 1990

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

MARCH 1990 VOLUME 2 NUMBER2

HIGHLIGHTS PRESIDENT'S REMARKS/2 WINTER CONVENT/ON/3

Provincial Council Hizhlizhts

Balance needed for National CBA goals, says President National CBA President John Jennings announced an exchange program with Hungary at the February 1 Provincial Council meeting. Jennings noted that this program of "cooperation and exchange" with Hungary will help lawyers in this Eastern Bloc country understand how the legal system works in the West.

Jennings reminded Council that the CBA has two goals - to serve members and to serve the public by speaking out on issues of legislation, law reform and public policy.

A memorandum of understanding with the Hungarian Bar will provide an internship program for Hungarian lawyers in Canada. These lawyers will serve in law firms, Law Societies, Crown Counsel offices, legal aid clinics and other legal office, much like an articling student.

Barry Browning has resigned from the Branch Executive due to ill health. John Waddell of Victoria was elected by Council to complete Barry's term on the executive.

"The problem is to keep the two goals in balance," said Jennings.

Waddell chosen to complete executive term

Notaries Public Committee opposes expansion Some notaries public in Vancouver are charging more for con-

EXECUTIVE DIRECTOR'S REMARKS/4

veyances and wills than some lawyers, reported the chairman of the B.C. Branch's Committee on Notaries Public.

Committee Chair Jane Purdie also reported that the notaries are asking the provincial government to increase the allowable number of notaries, to change notary allocation from county lines to school district lines, and to be allowed to expand into corporate and probate fields.

While research is still being gathered, the committee's initial response to Council is to oppose the notaries' initiatives to expand their jurisdiction. Purdie invited input from Local and County Bars and urged all members to lobby their MLAs to vote against any expansion of the notaries jurisdiction or their numbers. A final report is expected at the next Council meeting.

Committee restates resolution

LEGISLATIVE UPOATE/5

The Contingency Fee Committee supported the December 9 Council resolution stating there is no need for contingency fee regulation.

PAISLEY CONFERENCE/8 SECTIONTALK/9

Peter Leask noted that the Law Society of B.C. was providing draft regulations for the B.C. government and welcomed the B.C. Branch's input on those deliberations.

CALL FOR NOMINAT IO NS/11

National CBI\ President fohn Jennings (centre) and National CBA Treasurer J.J. Ca111p (l eft) share a few 1110111ents with B.C. Attorney General Bud S111ith during the Branch's Winter Convention '90 in Victol"ia.

(Please turn to page 2)

2

From the President

• reporting to the Bar on new legislation and regulations

Provincial Council

The B.C. Branch continues its active work in legislative review and law reform. The Branch recently has taken a leadership role with recommendations on reproductive technology and ultimate limitation periods for professionals.

• reporting legislation which has an impact on the profession to the Branch Executive Committee for action • reviewing submissions to government prepared by Branch sections and committees

(continued from page 1)

The many hours spent by our members in preparing and providing comment to the Hughes Committee was certainly reflected in the Access to Justice Report and in the implementation of the report's recommendations over the past year.

• identifying issues, analyzing priorities, developing legislative strategies and implementing reports • conducting a pro-active role in law reform matters

• developing a co-ordinated approach to various Branch activities involving legislative In order to ensure that the Branch has the ability to respond and law reform matters quickly and effectively and to be • reporting the CBA's position pro-active in providing to the Bar and to the public. comment to government on legChairperson Bonita Thompson islative matters, the Branch's will need the assistance of volLegislation and Law Reform Committee is being restructured. unteers to serve on this committee. If you are interested in The Committee's mandate will obtaining more information be to deal with several aspects of about the activities of this comlegislation and law reform mittee or being a participant in including: this ongoing process, I invite • being the Branch's mechanism you to contact Bonita Thompson at 682-7474. for reviewing draft legislation and regulations

Directory is a "best seller" Eric Rice indicated that the Branch's B.C. Lawyers Telephone, Fax and Services Directon; has sold over 7,700 copies with 8,000 in circulation. The 1991 edition is now in the planning stages.

Rice noted that the Branch expects some $60,000 in sponsorship fees from endorsed services and products. New initiatives of the member services committee include an expanded employment and locum registry and a special cellular phone offer

by Ralph's Radios.

Entertainment Law Section formed John Smith's application on behalf of 100 lawyers to form an Entertainment Law Section was approved by Council. Smith noted that the section would als~ include sports and other groups interested in the entertainment law field .

Corporate Counsel Section Chairman Tom Beattie reported on the activity of the Corporate Counsel Section and noted that all B.C. members of this section automatically become members of the Canadian Corporate Counsel Association. He outlined the activities of this organization for Council.

Executive Director's Report Branch Executive Director Robert Smethurst reported that Sinikka Holbrook, Assistant Director Administration, has resigned for family reasons and has been replaced by Vicki Streeter.

Seizing proceeds of crime panel speakers at Winter Convention '90 included (l eft to rigltt) Adrian Brooks, Bob Mulligan, Micltelle Fu erst and Ric/wrd Peck.

Three applications are currently before the Law Foundation to fund a hardware upgrade for the Dial-A-Law program, to fund Law Week activities, and to hire a law student during the summer to create a sustainable development action plan for the Branch.

3

Winter Convention '90 focus on environmental issues The B.C. Branch Winter Convention held in Victoria on February 1 to 4, 1990, provided delegates with sessions on legal issues arising from conflicting interests in resource use and management.

The four concurrent panel sessions featured noted speakers such as John Cuthbert, chief forester of B.C.; Vicki Husband, director, Sierra Club; Barbara Hermann, attorney at law, office of the Attorney General, Alaska; Bruce Willis (Whitehorse); and many noted British Columbia lawyers and judges with direct experience in this area.

Sessions on Friday included discussions of disciplinary proceedings, practice before the Masters, proceeds of crime, and office technology. Speakers for these sessions included Thomas Halbert, Master of the Supreme Court of B.C.; Michelle Fuerst, co-editor of Tremears Criminal Code; Krysia Strawczynski, assistant deputy minister, Ministry of the Attorney General and many other noted professionals.

Futurist Frank Ogden mesmerized his audience with his Saturday plenary address indicating that the future is indeed with us now and that technological advances must be embraced by the profession to keep pace with the voracious needs of the "global information society."

Special thanks are extended to Winter Convention sponsors, the Law Society of B.C., the Continuing Legal Education Society, the Victoria Bar Association, Yukon Bar Association, and the Canadian Bar Insurance Association.

The well-attended Exhibitor's Show featured a wide range of services and products available to the legal profession.

The Winter Convention planning committee continued the tradition of a well planned social and children's program. And the convention ended on a rousing note with the superb musical and show talents of Doc and the Doo-Wops who led the delegates through four generations of great dance music.

Sincere thanks are extended to Committee Chairman John Waddell and committee members Anthony Palmer, Adrian Brooks, Richard Margetts, John Green, Trudi Brown, Jane Henderson, Judith Kay, Barney McKinnon, Eric Rice, Richard Meyer, Bill Murphy-Dyson, Jack Ebbels, and Joanne Palmer.

A special thank you is extended to Winter Convention Cllaimzan John Waddell (right) from National CBA President John Jennings (centre) and B.C. Branch Preside11 t Russ~l! Lttsk (left).

Branch studies its activities to promote sustainable development The Canadian Bar Association is committed to working towards promoting sustainable development and the B.C. Branch is reviewing its activities to initiate changes to promote sustainable development.

A Recycling Sub-Committee of the Branch's Sustainable Development Action Plan Committee has been struck to encourage lawyers to recycle paper and to promote the use of recycled paper in law firms throughout British Columbia.

The Recycling Sub-Committee is presently applying for funding which, if granted, will provide funds to hire a law student this summer to:

• contact lawyers and provide them with information on paper recycling and use of recycled paper in law offices; • assist law firms in setting up recycling programs and using recycled paper; • prepare an evaluation addressing the state of recycling and use of recycled paper by law firms in the province and to provide recommendations for law firms interested in participating in the recycling program in the future.

Lawyers throughout the province who are interested in promoting sustainable devel(Please turn to page 4)

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From the Executive Director

B.C. Branch active participant at National Mid-Winter Meeting • Requesting the exclusion of legal aid services from the proposed Goods and Services Tax

Robert Smethurst Hard on the heels of the B.C. Branch's Winter Convention in Victoria in early February, I am writing this column on the plane returning from St. Sauveur, Quebec to meet BarTalk's printing deadline and to provide you with a current report of the important decisions reached at the National Council Meeting held February 19 and 20 in St. Sauveur, Quebec.

• Urging the federal Government to amend the Criminal Code in several respects including: a) the protection of a person's identity when accused of a sexual offence; b) the requirement that the Crown disclose all information to the Defense counsel; c) firearms control of automatic weapons; d) the requirement provincial Attorneys General give their consent prior to the laying of charges under the proposed Abortion Act. • Adopting the principles contained in the Report and Recommendations of the B.C. Branch's Special Task Force Committee on Reproductive Technology chaired by Janice Dillon

A strong and vocal contingent of B.C. Branch members attended the National Council MidWinter Meeting.

• Urging the Minister of Finance to ensure that reasonable child care expenses are fully tax deductible

It is particularly gratifying to report to you the commitment which B.C. members place on attending and fully participating in the association's activities.

The Branch's resolutions before National Council were timely and topical. It certainly emphasizes our contribution to our professional association and our interest in its on-going development and growth.

• Adopting the recommendations contained in the Report of the Special Committee on Alternate Dispute Resolution chaired

by Bonita Thompson

Key resolutions passed at the February 19 and 20 meetings include: • Promoting an understanding of the Meech Lake Accord and its implications • Opposing the implementation of any automobile insurance plan similar to that proposed by the Ontario government

of the Federal Court of Canada and the other urging the federal Government to proceed immediately with the introduction of Phase II of the Copyright Act to provide special exemption for Law Libraries, were put forward. Both resolutions were debated at length and then finally tabled to the annual meeting in London, England in September.

For detailed information about any of the decisions taken at Mid-Winter Meeting 90, please do not hesitate to give me a call.

Lay Benchers appointed Victoria alderman Suzanne Hansen was recently appointed lay bencher for the Law Society of B.C. Re-appointments include broadcaster Jack Webster and Vernon Mayor Anne Clarke.

These two-year appointments are made by the Lieutenant Governor. The first lay bencher appointments were made in 1988.

• Urging the Canadian Judicial Council to adopt criteria for language training of judges

Sustainable development

• Requesting the federal Government to provide that pleadings may be filed in either of the official languages in divorce and bankruptcy matters.

opment are invited to join the Recycling Sub-Committee.

The Mid-Winter Meeting agenda also included a number of internal resolutions dealing with the business affairs and organization of the CBA which were approved by National Council.

Two resolutions of the B.C. Branch, one urging the abolition

(continued from page 3)

The Committee is also interested in receiving any information lawyers have which will assist in the implementation of a recycling program in law firms throughout British Columbia.

For further information, contact: Tim Mackenzie 631-4870; Bill Andrews 684-7378; or Marg Vanderkruyk 661-1067.

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.

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.

Bonita Thompson

Regulations to Note As filed to January 26, 1990. Fees and Royalties have been changed in the following regulations: Motor Vehicle Act, B.C. Reg. 483/83, the Motor Vehicle Fees Regulation, is amended. effective December 22, 1989 effective January 1, 1990.

Forest Act, B.C. Reg. 356/87, the Royalty Rate Regulation, is amended respecting the Schedule of Rates effective January 1, 1990.

B.C. Reg. 563/78, the Scaling Regulation, is amended by replacing the Schedule of Timber Grades effective January 1, 1990.

Mineral Tax Act, B.C. Reg. 400/89, the Mineral Tax Disposition of a Mine Regulation, is enacted respecting a formula for calculating proceeds where an operator disposes of an interest in a mine B.C. Reg. 401/89, the Mineral Tax General Regulation, is enacted respecting the interest rate and formula for calculating payments of mineral tax assessments B.C. Reg. 402/89, the Mineral Tax Reclamation Regulation, is enacted B.C. Reg. 403/89, the Mineral Tax Transitional Regulation, is enacted B.C. Reg. 404/89, the Mineral Tax Transaction Value Regulation is enacted B.C. Reg. 405/89, the Mineral Tax Costs and Expenditures Regulation effective January 1, 1990.

Petroleum and Natural Gas Act, B.C. Reg. 222/88, the Petroleum and Natural Gas Royalty Regulation, is amended. effective January 1, 1990.

Motor Carrier Act, B.C. Reg. 59/59, the Motor Carrier Regulation, is amended. eft. March 1, 1990.

Court Rules Act, Schedule 1 of Appendix C of B.C. Reg. 310/76 (The Supreme Court Rules) is amended by adding a provision that the cost of filing a written agreement under the Family Relations Act (section 74.1) be set at $20.00. effective March 1, 1990.

Other Regulations Workers Compensation Act, B.C. Reg. 393/89, amends section 25 of the Act to adjust dollar amounts as a result of changes in the Consumer Price Index and repeals B.C. Reg. 284/88. effective December 4, 1989.

Court Rules Act, B.C. Reg. 395/89, is amended in Rule 60 of the Supreme Court Rules by providing for the enforcement of written agreements under the Family Relations Act. effective December 18, 1989.

Forest Act, B.C. Reg. 397/89, the Cut Control Regulation, is amended respecting the discretion of a Regional Manager to order a reduction of the allowable annual cut of timber. effective December 18, 1989.

Evidence Act, B.C. Reg. 396/89, the Affirmation Regulation, is enacted respecting the form of solemn affirmation. effective December 18, 1989.

Waste Management Act, B.C. Reg. 67/89, the Sulphur Content of Fuel Regulation, is amended. effective December 18, 1989.

Financial Administration Act, B.C. Reg. 410/89, the British Columbia Railway Company Pension Plan Regulation B.C. Reg., 411/89, the College Pension Fund Investment Regulation

6

Legislative Update (continued) B.C. Reg. 412/89, the Teacher's Pension Fund Investment Regulation are enacted.

Mental Health Act, B.C. Reg. 145/84, the Mental Health regulation, is amended.

effective December 22, 1989.

effective February 1, 1990.

Hospital Insurance Act, B.C. Reg. 25/61, the Hospital Insurance Act Regulations, is amended.

Court of Appeal Act, B.C. Reg. 303/82, the Court of Appeal Rules, is amended in Rule 6(1), 10, 19(2), by adding Rule 26.1, by repealing Rules 30 and 31 and by amending Forms 1, 2, and 3 respecting, inter alia, dispensing with factums.

effective December 22, 1989.

Pesticide Control Act, B.C. Reg. 319/81, the Pesticide Control Act Regulation, is amended respecting permits for pesticides. effective December 22, 1989.

Taxation (Rural Area) Act, B.C. Reg. 394/89, the Interest on Prepaid Tax Regulations is enacted. effective January 1, 1990.

Forest Act, B.C. Reg. 6/90, the Timber Harvesting Contract Regulation is enacted respecting Timber Harvesting Contracts and dispute resolution mechanism. effective January 12, 1990.

School Act, B.C. Reg. 8/90, the Non-Residential School Tax Remitting Regulation, is enacted respecting, inter alia, that Municipalities remit tax payments via electronic transfer of funds; the following regulations are repealed or superceded: B.C. Reg. 78/88, B.C. Reg. 212/82, B.C. Reg. 241/84, B.C. Reg. 325/77. effective January 12, 1990.

Financial Information Act, B.C. Regulation 131/87, the Financial Information Regulation, is amended by adding that the Schedule of Remuneration and Expenses of a Corporation to which a grant or advance is made or borrowing guaranteed by the Government, shall include the number of severance agreements made during the preceding fiscal year and the range of equivalent months' gross salaries represented by these agreements. effective January 19, 1990.

Home Mortgage Assistance Program Act, B.C. Reg. 158/89, the Home Mortgage Assistance Program Regulation, is amended.

effective February 14, 1990.

Dental Technicians Act, B.C. Reg. 21/63, the Dental Technicians Regulation, is repealed. effective March 1, 1990.

Acts In Force You will see a reference to the number of the Bill (First Reading Bill Number) when it was introduced into the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The First Reading BiJI Number has been given to you to make it easier for you to note up the Bills you may have in your library.

Miscellaneous Statutes Amendment Act (No. 2), S.B.C. 1989, c.72, (Third Reading Bill No. 92), sections 2 and 3, respecting sections 132(1) and 262 of the Company Act. in force January 19, 1990.

Attorney General Statutes Amendment Act, 1989, S.B.C. 1989, c.64, (Third Reading Bill No. 71), sections 18 to 30 respecting the Notaries Act. in force January 12, 1990.

section 1, respecting the Escheat Act. in force January 26, 1990.

Miscellaneous Statues Amendment Act (No.1), S.B.C. 1989, c.71, (Third Reading Bill No. 90), sections 7 to 10, respecting the Fur Farm Act. in force January 19, 1990.

effective January 19, 1990.

Securities Amendment Act, 1989, S.B.C. 1989, c.78, (Third Reading BiJI Number 83), section 16 respecting section 41 of the Securities Act.

Municipal Act, B.C. Reg. 16/90, the Regional District Building Inspection Service is enacted respecting recovery of annual operating and debt servicing costs for a Building Inspection Service.

Dental Technicians Amendment Act, 1988, S.B.C. 1988, c.34, section 3(a), respecting section 2 of the Act.

effective January 19, 1990.

in force January 15, 1990.

Motor Vehicle Act, B.C. Reg. 83/86, the Inspection Safety Standards (Safety and Repair) Regulation, is amended. effective January 23, 1990.

in force

Febn~ary

1, 1990.

sections 1 to 3(b) and (c) and 4 to 19, respecting, inter alia, investigations and hearings under the Act. in force March 1, 1990.

Islands Trusts Act, S.B.C. 1989, c.68, (Third Reading BiJI No . 78). in force April1, 1990.

7

That's Entertainment!

Gear up for one-page mortgage form says AG

John Smith's application on behalf of 100 lawyers to form an Entertainment Law Section was approved at the February 1, 1990, Provincial Council meeting in Victoria.

A new, one-page mortgage form will replace existing mortgage documents at all B.C. Land Title Offices on April1, 1990 announced Attorney General Bud Smith on February 16.

The new section also welcomes lawyers practicing in related areas to entertainment such as sports.

To join this new section or to obtain more information, please contact John Smith at 688-3411.

Two creative adventurers partake of the day care provided by the Early Childhood Educators of B .C. during Winter Convention '90 in Victoria.

The Attorney General urged the legal community and lending institutions to begin "gearing up" for the implementation immediately.

Is there still a problem with out of court payments?

"This new, plain language mortgage form positions B.C. to become a world leader in land title registration systems," says Smith in a February 16 news release.

The delay in obtaining payment of monies paid into court was a frustrating problem for lawyers, their clients and the Court Services Division of the Ministry of the Attorney General.

Smith also stated that the business community and the public will "wholeheartedly welcome this landmark effort to reduce the volume of paper associated with real estate transactions."

As a result of recommendations of the Joint Court Services Committee of the Ministry of the Attorney General and the B.C. Branch, control of these finances was transferred last year from the Finance Ministry to the Attorney General's Ministry.

The Ministry is now evaluating the new payment system. In particular Ministry policy and program analyst Jennifer Hall would like to know if there is still delay in payment and whether there are types of payment that could be eliminated from the system. Positive responses to the change in payment would also be welcomed.

Contact Jennifer Hall directly at 387-8816 (Victoria) with your comments.

Survey lists salaries and hourly rates Law firm support staff salaries and lawyer's and legal assistant's hourly rates are now available in comprehensive survey reports.

These surveys are conducted annually by the B.C. Branch and the Vancouver Association of Legal Administrators (VALA).

Job descriptions are evaluated in July and the questionnaires are then designed and distributed in the fall.

Law firms who participated in the survey and paid a fee of $20 for a copy of one report, or $30 for both reports, have received their copies.

Law firms that did not participate in this survey may purchase a copy of either report for $100 per copy or $150 for both reports. Contact the Branch office to order _survey results.

The announcement follows Cabinet approval on February 15 of the Land Title (Transfer Forms) Regulation. The new mortgage form is one of a series of revised forms designed to simplify the preparation of land transfers and mortgages and to streamline land title registration.

The new forms will be compulsory after March 31, 1990.

Copies of the Regulation with the revised forms are available from Crown Publications and the Continuing Legal Education Society.

Smith views the new forms as fulfilling his ministry's commitment to eliminating jargon in legal documents and hinted at further plain language projects in the near future.

8

Snail in ginger beer starts classic case A snail in Mrs. Donoghue's ginger beer bottle changed the modem law of negligence 62 years ago in the Scottish town of Paisley. The "Pilgrimage to Paisley" this September will celebrate and commemorate this classic case at a special two-day conference.

"The Pilgrimage will be a tribute to Donoghue v. Stevenson," says Jack Huberman, Paisley Conference Co-ordinator. "Discussions by leading authorities on the law of negligence in Canada will be featured in the two-day conference but it will also celebrate the common heritage of the 'common law' world."

Also featured will be a ceremony inaugurating "Mrs. Donoghue's Walk" through old Paisley and a parade to the site of the Wellmeadow Cafe where Mrs. Donoghue drank her ginger beer, allegedly containing the famous snail. Leaders of the Canadian and Scottish legal communities will dedicate a garden and memorial in honour of Mrs. Donoghue, Mr. David Stevenson, their advisors and advocates.

The "Paisley Pilgrimage" is scheduled for Sept. 28- 30, 1990 immediately following the CBA's annual meeting in London. This special conference is sponsored by the CBA, the Scot-

Treat referrals as you would any client The Lawyer Referral service processes more than 3,000 referrals each month throughout the province.

Over 3,000 lawyers voluntarily participate in the program but participation should be treated as any other professional undertaking.

Lawyers participating in the service should keep a proper record of any interview or other dealings with the Lawyer Referral service client. It is recommended that you notify the client when the half hour period is up, otherwise there should be no additional charge to the client.

Keeping a proper record does not mean that you must open a new file and enter into lengthy documentation or correspondence for every individual.

However, it is suggested that you maintain a separate general file designated for the Lawyer Referral service referrals and should take notes so that there is a record of the referral's name,

address, phone number and date of interview; the nature of the problem(s); any potential limitation dates; the substance of the conversation and advice given; and the disposition of the matter.

After the initial interview of onehalf hour for the $10 fee, the lawyer is free to decide whether he/ she will accept instructions and open a new file for the particular individual.

tish Faculty of Advocates and the Law Society of England.

Early registration is encouraged for both the CBA annual general meeting and the Paisley conference. Contact the Continuing Legal Education Society at 6693544 for a conference brochure and registration form.

B.C. Lawyers Telephone, Fax and Services Directory Errata The following changes have been noted in the 1990 Branch Directory. Please make the changes in your directories as indicated.

Page 34: For The Supreme Court of British Columbia, Vancouver: The Law Courts 660-2760 read 660-2847 Page 36: For Small Claim Division 660-2468 read Small Claim Division General Enquiries 660-2466 Page 43: For Vancouver Small Claim 660-2619 read Court Services, Vancouver Provincial Court, District 2, Vancouver Small Claim. General Enquiries: 660-2466

National Trust sponsors London AGM National Trust, patron sponsor of the CBA Annual Meetings since 1986, continues its tradition for the London meeting this September.

National Trust's sponsorship commitment rises from $85,000 this year to $100,000 by 1991.

This is the fifth consecutive year National Trust has been a patron

sponsor of the CBA's Annual Meeting.

The 1990 Annual Meeting of the CBA takes place from Sunday, September 23 through Thursday, September 27, 1990 in London England.

A conference brochure can be obtained by contacting the National CBA office, 902 - 50 Conner St., Ottawa, Ontario K1P 6L2.

Shelley Bentley

Proposal for changes existing property nghts on marriage breakdown t~

The B.C. Law Reform Commission has proposed major changes to the existing Family Relations Act in favour of a model based largely on the Ontario Family Law Act (1986). ~he Commission's major critic~sms of the existing Family Rela-

tzons Act centre on two items: (1) the definition of family assets and the exercise of judicial discretion involved in determining what assets are to be divided; and (2) the exercise of judicial discretion in varying the threshold presumption that spouses are entitled to an equal interest in family property upon marriage breakdown.

A Committee formed by the B.C. Family Bar prepared a detailed response to the Law Reform Cor:'mission's working paper.

While the Bar agrees with the ~~C's identification of the spectflc problems with the existing legislation, the Bar does not support the wholesale scrapping of the current regime in favour of the Ontario model. They say that this model does not achieve the intended aim of fairer, more objective, less costly results. The Bar recommends clarifying the definition of family assets to provide clearer guidelines

against which courts are asked to exercise their discretion in varying an equal division of family assets. They also object to the Commission's proposals with respect to property division. Once family assets have been identified, the current Family Relations Act provides, upon a "triggering event," that each spouse is, prima facie, entitled to an undivided one-half interest as a tenant-in-common in such family assets. Under the regime proposed by the LRC, a non-owing spouse is not entitled to any property interest, but only a right to an equalization payment arising from the difference in the net worth of the respective spouses at the date of separation, setting up a debtor I creditor relationship requiring the non-owning spouse to pursue a money judgement against the spouse who owns the asset. Due to the fact that the vast majority of the cases could involve a wife with dependent children pursuing a wealthier husband, the social consequences of such a regime appear highly undesirable.

The Bar proposes that amendments to property law legislation should not be considered in isolation of the issue of spousal support and that B.C. should not rush into effecting radical legislative change without careful analysis of the social issues and costs involved and the effects upon B.C. families.

Attorney General outlines features of proposed model for reforming judicial system Attorney General Bud Smith addressed Vancouver Family Section members about the

recent Ministry of Attorney General discussion paper entitled "Better Access For All." Smith advised that the discussion paper proposed a model for reform which would incorporate improvements and reforms to the existing two-tier Supreme and Provincial Court system with the aim of resolving the problems associated with overlapping court jurisdiction in family matters.

The proposed new model would be tried as a pilot project in one or more locations in B.C. Some of the features of the model are: (a) The Provincial Court would retain its existing jurisdiction in family matters, and in addition, Provincial Court Registries included in the project would be designated as Supreme Court Registries for family matters; (b) An integrated registry system would be created to facilitate ease of filing and transfer of files; (c) Provincial Court Judges would have power to make interlocutory orders in Supreme Court matters, functioning like Masters; (d) The Family Court Rules would be revised; (e) There would be a Court intake officers to provide assistance and information on the Court process to litigants and prospective litigants.

Mr. Smith also noted that this model would be especially beneficial to those living outside the Lower Mainland and particularly in remote areas. He urged all members of the Family Law Bar to review the discussion paper and to convey their responses to the Attorney General's office without delay.

(Please turn to page 10)

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SectionTalk (continued) Problems concerning limitation period for Wills Variation Act claims

Proposed Personal Property Security Act expected to be in force in mid-1990

In the Vancouver Succession, Trusts and Fiduciary Relationships Section meeting, Margaret Mason raised an issue concerning the anomaly between the six month limitation in the Wills Variation Act and Rule 5 which indicates that an action is commenced when the Writ is filed, not when it is served. If the Executor distributes after waiting out the six-month limitation period set out in the Wills Variation Act there would appear to be no protection from a Writ which has been filed within the period but is served upon the Executor outside the six-month period.

Professor Wuester from the UVic Faculty of Law advised members of the Okanagan Property and Commercial Law Section that once the new Personal Property Security Act is in force the Chattel Mortgage Act, Sale Of Goods On Condition Act and the Book Account Assignments Act would be repealed. In addition some changes would be made to the Mobile Home Act.

Norine MacDonald commented that perhaps it was necessary to search each Supreme Court Registry to ensure that the Executor is able to distribute.

The other alternative might be to request a waiver from all Wills Variation Act claimants, but this may "raise the dust" and may not be a satisfactory alternative.

Note change of policy for correcting documents Ken Jacques, registrar of the Victoria Land Title Office, advised Victoria Real Property Section members that it will no longer be possible to make minor corrections to documents submitted for registration in the same manner as previously permitted.

Such documents must now be withdrawn completely in order to make corrections with the attendant risk of loss of priority.

He commented that under the Personal Property Security Act title becomes less important than the creation of a "security interest." The Personal Property Security Act will centralize and computerize registration of security instruments.

There are transitional provisions relating to chattel mortgages and conditional sales agreements registered before the advent of the new Act. A valid registration under the Chattel Mortgage Act, Sale Of Goods On Condition Act and Book Account Assign-

ments Act which has a duration of three years from the date it was effected or last renewed, will be deemed to be registered under the new Act for the balance of the three-year registration life. If the perfected status under the old legislation is to be continued then the security interest will have to be perfected by registration under the new legislation.

The Personal Property Security Act now calls for a notice filing system. A "Financing Statement" is filed by the secured party which does not give details fo the security interest.

In order to determine what the security interest is, one would need to approach the secured party for details. The Financing Statement can be filed well in advance of the secured party taking a security interest. The filing of the Financing Statement then does not perfect the security. Perfection arises automatically at the moment of attachment and completion of the steps required for perfection (e.g., registration, possession by the secured party or temporary perfection).

Audiotaping receives mixed response Section chairpersons responded to a questionnaire asking them their opinions on audiotaping section meetings.

When asked if section members would subscribe to audiotapes of all of their section meetings, 52 per cent responded no; 40 per cent were undecided and only 10 per cent were in favour.

Individual tapes of specific meetings were viewed somewhat favourably with 19 per cent responding yes; 35 per cent responding no and 35 per cent undecided.

Some chairperson's responses indicated that this service might be more useful for out of town members. However, there was concern that some speakers might be reluctant to speak candidly if proceedings were taped.

It was also felt that attendance at meetings was important and that attendance might decrease if tapes were available.

What's your opinion? Write to Executive Director Robert Smethurst at the B.C. Branch office to express your views.

11

Members support newsletter's objectives The recent BarTalk readership survey indicates that 75 per cent of the respondents agree that the newsletter is meeting its major objective of informing the membership of B.C. Branch activities.

As was expected with a newsletter format, over 61 per cent of the respondents skim through the contents but almost 50 per cent of them read BarTalk within a couple of days of its arrival. Almost half of the respondents keep BarTalk on file.

Both "SectionTalk" and "Legislative Update" were rated as valuable information by respondents.

In general, negative comments focused on the layout and format of the publication. Many respondents urged the Branch to print BarTalk on recyclable paper. This is being actively pursued by the Communications Committee. Other comments included keeping the writing concise, using humour, focusing on office management issues and providing practice tips.

Some respondents also noted the overlap in content from the

National, the Bencher's Bulletin and The Advocate.

Responses were mainly received from practioners in Vancouver and Victoria from firms with 2 to 10 lawyers. Of the respondents, an overwhelming majority of 71 per cent indicated that they participated in Branch section activity.

responded, thank you and congratulations to Don Bird of Ladner Downs who was selected from among the respondents to receive a free winter convention registration. Don couldn't attend and the alternate selection, Garth Edwards of Cohen Frost Quon Buchan Edwards, received the complimentary registration.

The results of this brief survey have been reviewed by the Communications and the Executive Committees and will be used to improve future editions of BarTalk. To all who

Call for nominations A special notice is included in this mailing of BarTalk calling for nominations for election of members to the National and Provincial Council of the Canadian Bar Association.

The deadline for filing nominations with the B.C. Branch for election to Council is April 23, 1990. The same deadline applies for filing nominations for the office of President of the B.C. Branch.

The B.C. Branch currently has 50 elected members on Council and approximately one-third are elected each year. Members are elected for a three-year term and are eligible to be nominated for a second term.

Included with the notice is a letter from President Russell Lusk urging members from each County to seriously consider running for election or to encourage other members to file nomination papers.

In May 1990, election ballots will be sent to the entire membership of the Branch. The return date for ballots to the B.C. Branch office will be June 15, 1990.

At the April 7, 1990 Provincial Council Meeting, Council will nominate a member for the position of president of the B.C. Branch for the 1990/91 term. If no alternate nominations for the office of president are received at the B.C. Branch office by April 23, 1990, then the nominee of Council will be declared President-elect for the coming year.

Bran ch President Russell Lusk (right) presents National President John Jennings with a memento during l1is visit to Victoria and Winter Con vention '90.

12

Branch welcomes new staff member tory. Vicki's business experience includes accounting, general management, operations and production management with a variety of firms. Her experience will be a definite asset in her duties to keep the Branch operating efficiently and cost-

effectively. Vicki's "trial by fire" has already occurred as she ably managed the registration for Winter Convention 90 in Victoria. Her next major project is as the Branch staff representative on the Law Week 90 planning committee.

B.C. Dates Vicki Streeter Vicki Streeter has recently joined the B.C. Branch's staff as Assistant Director, Administration.

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

Vicki is replacing Sinikka Holbrook who worked as Branch Office Administrator for four years and was promoted to Assistant Director last year. The Executive and staff extend a special thank you to Sinikka for her hard work on behalf of all the members of the CBA and wish her well in the future.

April 7, 1990 B.C. Branch, CBA Provincial Council Meeting Law Courts Inn, Vancouver

Vicki Streeter is no stranger to the Branch as she was production assistant for the very successful 1990 Branch Direc-

April 15 - 22, 1990 Law Week "Access to Justice" Various locations throughout the British Columbia Contact your Local and County Bar Association 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 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

Law Week 90 activities take shape in B.C. Don Sorochan of Vancouver is chairing the Law Week 90 planning committee. Law Week activities throughout Canada begin on April16 with Vancouver's very popular Law Day to be held on April 22. The general theme across Canada is "Access to Justice" with B.C. adopting a subtheme of "The Environment."

Activities such as mock trials, debates and public information will focus on these themes.

Of special interest this year will be a mock trial entitled "Theft of a Teacher's Car"- conducted entirely in Cantonese.

A new feature this year is the open house at Provincial Court, 222 Main Street. The open house will include tours, enacted "incidents," and mock trials.

Many local and county bar associations have developed Law Week activities in communities throughout the province. Additional details will be announced in the next issue 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