BarTalk | May 1990

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

L aw w ee k reach es provincia . . 1 au d.Ience Law Week '90 activities throughout the province from April 16 to 22 were diverse, entertaining and informative.

MA짜,1990 VOLUME2 NUMBER4

HIGHLIGHTS BALLOT DEADLINE/2

In Williams Lake, students studied the controversial issue of spousal abuse and its impact.

Students held an extremely successful mock trial based on the actual Manitoba case of R. v.

Lavallee.

Judge C.C. Barnett adapted the trial transcripts of the actual case which were refined by Law 12 teacher Sandra Hawkins and lawyer Rod Hawkins.

Judge Barnett, lawyers, doctors, police and court staff then mentared the students playing the parts in the mock trial to help them prepare for their roles.

SECTIONTALK/3 In Prince George, Wimbleton, a Vietnamese pig, was used as the final object of the Crimesolver's activities and provided Law Day LEGISLATIVE organizer Judy Jones and court UPDATE/5 services staff with some hilarious anecdotes. As well, Prince George Law Day included courtLAW FOUNDA- house tours and mock trials.

TION GRANTS/8 In Victoria, Nelson, Kamloops, New Westminster, Langley, Vernon, and Courtenay, activiCOUNSEL ties ranged from courthouse NETWORK/9 tours and open houses, people's forums, mock trials, law-related organization displays and RECYCUNG PROGRAMS/10 demonstrations.

The Law Week organizers in each location report that events B.C. DATES/12 were well received by the public. (please turn top. 2)

Alison Carvalho (centre) of Little Flower Academy in Vancouver was recently awarded the Second Annual Barry Sullivan Ulw Cup for public speaking during Ulw Week '90.

Presenting the Cup was The Honourable Kim Campbell (r.) and Dawne Sullivan (1.)

Practical guide for family law practitioners released The new Family Law Restatement for British Columbia covers all main areas of family law practice and is an essential starting point for any family law research, says CLE Publications Director Susan Lyons.

The Restatement is a project of the B.C. Branch's Family Law Section and is published by the Continuing Legal Education Society of B.C. It is a complementary publication to CLE's B.C. Family Practice Manual (BCFP) which focuses on family practice and procedure.

The Restatement sets out in summary form the substantive law of the province in the area of family law. It directs the reader to key legislation and case law and contains concise statements of legal principles. It was developed and written by distinguished members of the Bench and Bar under the guidance of an expert editorial advisory Board.

With The Restatement and BCFP, lawyers will be able to advise their clients with confidence and will have invaluable in-court manuals. (please turn top. 2)

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Ballot return deadline near Ballots have been distributed to all lawyers in British Columbia for the annual election of members to the National and Provincial Councils of the CBA. Formal notice of the Annual Meeting on June 22, 1990 and a tentative agenda have also been distributed.

The return date for all ballots is June 15, 1990. On June 22, Provincial Council will also elect the remaining officers of the B.C. Branch. Provincial Council will elect a Vice-President, Secretary /Treasurer, and four members-at-large to the Branch Executive. To be eligible, candidates must either be elected members of Councils or members-elect.

All officers of the Branch and newly elected members of Council will take office on September of this year.

Branch and Law Society

AGMs set for June 22 For the second year, the Annual Meetings of the B.C. Branch and the Law Society of B.C. will be held on the same day on June 22, 1990.

Family Law Restatement (continued from p. 1)

Regular updates will ensure that the two manuals remain the standard reference sources for practitioners and the Bench.

Copies of The Restatement at $135 per copy and BCFP at $150 per copy can be ordered from CLE.

The Branch Annual Meeting will be held during the morning and will end no later than 12:00 noon. The Branch's Provincial Council Meeting will commence at the conclusion of the Annual Meeting.

The Law Society will then host a luncheon for its Annual Meeting during the noon hour.

In the afternoon, the B.C. Branch's Provincial Council will continue after the Law Society meeting has ended.

Members may attend the Annual Meetings without the pay-

ment of any registration fee. All meetings will be held at the Meridien Hotel in Vancouver and a block of rooms has been set aside for members requiring hotel accommodations.

Members should make their own hotel reservations. If you are staying at the Meridien, please advise the reservations staff when you are booking that you are attending the CBA or Law Society Annual Meeting as a special rate has been negotiated for a block of rooms at the hotel.

Law Week (continuedfromp.1) The eighth annual Open House at the Vancouver Law Courts on Sunday, April 22, Earth Day, attracted large crowds who perused over 50 law-related displays in the Great Hall and participated in mock trials such as "Peter Rabbit," "Stealing a Teacher's Car," and acted as jurors in the Justice Theatre's presentation of "Double Trouble."

Provincial Solicitor General Russell Fraser, CBA President Russell Lusk and Don Sorochan, CBA's Law Week Chairman, officially opened the Law Courts and welcomed the public.

Vancouver's multicultural community received tours conducted in Vietnamese, French, Punjabi, Cantonese and Spanish as well as English.

A special citizenship ceremony for new Canadians was also held and has proven to be a popular addition to Vancouver's Law Day events.

Vancouver's Provincial Court at 222 Main hosted their first-ever Open House on Saturday, April 21. Displays, live presentations and mock trials including a sur-

prise arrest and trial were among the most popular attractions.

The high school essay contest addressed the provincial Law Week theme of environmental law. Fourteen finalists competed for the Barry Sullivan Law Cup on April16 in Vancouver.

The Honourable Kim Campbell, Minister of Justice and Attorney General of Canada, presented the cup to Alison Carvalho, a grade 12 student of Little Flower Academy in Vancouver.

Law Week Committee Chairman Don Sorochan gratefully acknowledges the hundreds of volunteers throughout the province who organized and participated in Law Week activities.

The success and the rapid expansion of the program throughout the province is evidence of the importance of Law Week activities in helping the public better understand the justice system.

In particular, a special thank you is extended to court house staff, the judiciary and the lawyers throughout the province who volunteered their time during Law Week.

ing costs of items not incurred but needed by the applicant or children. When asked for his view on the factors to consider in awarding maintenance for adult children in university he suggested that a decision should tum on the expectations of the family and their standard of living.

Shelley Bentley

Tips on Chambers practice for child custody and maintenance matters A Chambers practice guest panel consisting of The Honourable Judge K.C. Murphy, The Honourable Judge R.B. Hutchison and Master William McCallum commented on various aspects of Chambers practice in the Victoria Family Law Section.

Among other topics, Master McCallum advised members that a system whereby custody and access matters would automatically be referred to the office of the Conciliation Counsellor was presently under consideration. He also noted that not enough attention is paid to the expenses for children in the presentation of maintenance claims.

In his view, it is appropriate to include indirect costs such as a portion of the rent in expenses listed in Chambers applications.

A reference was made to Justice Huddart's use of the figure of 10 per cent of gross income as a base measure in the determination of quantum in child support applications.

Judge Murphy commented that the expense list for maintenance should be a statement of expenses actually incurred. In his view, a separate statement of need should be submitted show-

Important case for real estate practitioners: Norfolk v. Aikens.

In the Victoria Real Property Section, Ralston Alexander reviewed the reasons for judgment of Madam Justice Southin in Norfolk v. Aikens (B.C.C.A., Vancouver Registry CA010210, unreported, December 12, 1989).

Mr. Alexander drew attention to those parts of the judgment which discussed the liability exposure inherent in the use of solicitors' undertakings to close real estate transactions. In his view the judgement underscored problems with current practice in which solicitors, through undertakings, effectively change the contract between the parties.

Such changes may preclude certain steps being taken down the road by one or other of the parties under the strict terms of the contract they have signed.

The issue before the Court was whether a purchaser could maintain an action for specific performance of a residential real estate contract in circumstances where the vendor, whose property was encumbered by a mortgage and a lis pendens, gave notice of repudiation of the contract and purported to revoke its offer, already accepted, of second mortgage financing. In face of the purchaser's insistence that the transaction proceed, the vendor's lawyer on the day prior to the scheduled

completion date demanded that the purchaser tender. The purchaser's lawyer responded by forwarding documents to the vendor's lawyer for execution and asking that they be returned on certain standard undertakings including an undertaking to pay net sale proceeds upon registration and receipt of mortgage funds. The purchaser's lawyer also in turn demanded that the vendor, if requiring the purchaser to tender, be in a position at the time of closing to deliver title free and clear of the mortgage and lis pendens as contemplated in the contract. Late on the completion date, the vendor's lawyer provided an executed transfer, discharge of mortgage and release of lis pendens but the purchaser, although purporting to be "ready, willing and able" to complete, was evidently dependent upon registration of the transfer and mortgage in order to receive mortgage funding necessary for completion. The purchaser was unable to register because the land title computer system was down at the time.

On the following business day the vendor's solicitor refused to allow the purchaser's solicitor to proceed with the submission of documents to the land title office to effect completion.

In her reasons for judgement, Madame Justice Sou thin isolated certain salient facts for the case: The contract contemplated cash for clear title on completion. The closing mechanics involving undertakings proposed by the purchaser's solicitor were not contemplated within the contract and the vendor was not obliged to agree to them. The title to the property was not clear on the scheduled completion date. The purchaser did not have the requisite cash in pocket on the scheduled completion date so as to be able to complete.

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SectionTalk (continued) In light of these facts the Court of Appeal held that the purchaser, being in essential default under the contract, could not maintain an action for specific performance.

Mr. Alexander presented the following options for the Bar to consider, having regard to the foregoing case: (1) Continue the present prac-

tice of undertakings but use greater care to ensure that both the client's and the other side's informed consent is obtained well in advance of the closing; (2) Alter radically the present practice by requiring the purchaser to borrow and have all funds required to complete in hand and by requiring the vendor to have paid out and cleared from title all financial encumbrances prior to completion; (3) Amend the standard form real estate contract to allow for completion in accordance with the usual custom and practices for conveyancing solicitors; (4) Enact legislation requiring mortgagees to place funds in solicitors' trust accounts in advance of registration of the mortgage documents and to provide mortgage discharges to vendors' solicitors in advance of closing.

Encroachment on capital for benefit of lite tenant; has the Ontario Court of Appeal changed the law?

After a review of the case of

Schipper v. Guaranty Trust Co. (1989) 33 E. T.R. 149 (Ont. C.A.) members of the Vancouver Successions, Trusts and Fiduciary Relationships Section concurred that the wording generally used for encroachment on capital for a life tenant may not work any

more. Kathleen Cunningham commented that the result in this particular case seems logical but the Court's decision appears to have gone farther than one might have expected. For the Trustee it is a harsh reminder of how cautious one must be when presenting reasons for a discretionary decision.

In this case the testator established a trust fund of $450,000.

The income was to be paid to the testator's wife, C. In addition, the Trustees were directed to pay such amounts of capital as the Trustees in their "uncontrolled discretion" considered advisable for the "general welfare, benefit, comfort and enjoyment" of C. On the death of C. the capital of the trust, or "so much as then remains/' was to be added to a separate trust for H. the child of C. On the death of H. the residue of the fund, if any, was to be distributed to the children of H. H . was 30, unmarried and without children and he deposed that he had no current intentions to marry or have children. Guaranty Trust was Trustee along with C. and H. C. requested an encroachment on the capital to provide her with a payment of $4/)()0 per month. The will provided that the decision of the majority of Trustees would prevail as long as Guaranty Trust was one of the majority. C. and H. approved the request. Guaranty Trust refused C.'s request stating that the testator had the preservation of the capital sum as a major consideration when drafting the will and the monies should be diminished only as last resort.

At trial the Judge ordered in C.'s favour. On appeal the Court of Appeal stated that the Court will generally refuse to interfere with the "uncontrolled discretion" of a Trustee, where the Trustee is acting bona fide. However, it was the Court's opinion that it

could interfere where the Trustee is attempting to exercise its discretion to achieve a purpose not intended under the terms of the trust. In this case the Court found that "Guaranty failed to properly exercise its discretionary powers firstly by making it a priority to preserve capital for future contingent beneficiaries instead of considering the prime aim of the trust to provide for the care and welfare of C.; secondly, by having undue concern for the interest of the remote unborn whose interest was speculative to say the least; and thirdly, by having no regard for the unanimous consent of all living beneficiaries."

Cunningham commented that although the case law on the issue in this case is scarce the Court's decision appears to reflect the general law as understood by the Bar. When asked to encroach on capital a Trustee must look at the following factors and no others: (1) Does the language of the

trust deed permit the use of capital for which the funds will be put?

(2) Will the encroachment prejudice the rights of other beneficiaries?

(3) What are the resources of the life tenant?

If the Trustee considers these factors and makes a bona fide decision the Court will not interfere. However, when will a Trustee be found to fail in its duty to act bona fide? Is it bona fide to give no reasons? When a court does interfere what should be the nature of its interference?

Does the Schipper case stand for the proposition that the interference should go so far as to actually make the decision?

This case highlights the need to carefully review a request for an encroachment. If the intended (please turn top. 12)

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 J. Thompson

Fees, Rates & Royalties have been changed in the following Regulations:

Other Regulations to Note

Commercial River Rafting Safety Act, B.C. Reg. 294/88, the Commercial River Rafting Safety Regulation, is amended in s. 3 respecting the prescribed fees for annual registration as an outfitter.

Hotel Room Tax Act, B.C. Reg. 88/71, the Hotel Room Tax Regulation, is amended ins. 5.6 by adding subsection (3) which provides that:

effective March 26, 1990

Health Emergency Act, Table 2 of B.C. Reg. 471 I 74, the Health Emergency Regulation, is repealed and replaced by a new Schedule dealing with fees charged to persons requiring ambulance services. effective April1, 1990

Name Act, B.C. Reg. 91/80, the Name Act Regulation, is amended ins. 1 by striking out $15 and substituting $17. effective April1, 1990

Residential Tenancy Act, B.C. Reg. 26/81, the Residential Tenancy Act Regulation, is amended in s. 8(b) by deleting $30 and substituting $35. effective April1, 1990

Vital Statistics Act, B.C. Reg. 69/82, the Vital Statistics Act Regulation, is amended in Schedule "B" to provide an increase in fees. effective April1, 1990

B.C. Reg. 338/82, The Wildlife Act Commercial Activities Regulation, is amended in Division (1) respecting inter alia, royalty fees to be paid by a guide outfitter on animals taken by a person guided by him. Schedules 1.06 and 1.10 are amended respecting royal ties and guide licence fees and surcharges.

B.C. Reg. 337/82, The Wildlife Act Permit Regulation is amended in Schedules 2 and 3 respecting inter alia, licensing permit fees and fees payable upon the capture of wildlife. effective April1, 1990

Park Act, B.C. Reg. 35/77, the Park Act Regulations, is amended respecting the repeal and replacement of Schedules which set out fees for camping and use of overnight mooring buoy facilities. effective April10, 1990

(3) Every operator shall retain any book of account, record or other document referred to in this section until the director authorizes its destruction effective March 26, 1990

Motor Vehicle Act, B.C. Reg. 26/58, the Motor Vehicle Act Regulations, is amended by repealing and substituting a news. 7.17 dealing with the safety standard of warning devices referred to in the Act. effective March 26, 1990

Municipal Act, B.C. Reg. 352/89, the Municipal Bylaw Enforcement Ticket Regulation, s. 2(3) is repealed and replaced respecting the prescribed category of the Municipal Act under which a bylaw is made.

B.C. Reg. 151/87, the Property Tax Demand Notice Regulation, is repealed and replaced amending inter alia the form of the Demand. effective March 26, 1990

Petroleum and Natural Gas Act, B.C. Reg. 222/88, the Petroleum and Natural Gas Royalty Regulation, is amended by adding s. 4.1 which provides for an exemption from payment of royalties on certain classified oil. effective March 26, 1990

British Columbia Transit Act, B.C. Reg. 117/90, approval is given to the Vancouver Regional Transit Commission Regulation which dispenses with tax referred to s. 11.1(2)(a) of the B.C. Transit Act for a 12 month period commencing April1, 1990.

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Legislative Update (continued) Approval is also given to Vancouver Regional Transit Commission Regulation No. 13- 1990 respecting dispensation of tax on land and improvements and the addition of a power levy and taxes in accordance with ss. 11.1, 12 and 14 of the British Columbia Transit Act. effective March 30, 1990

Forest Act, B.C. Reg. 139/81, the Forest Fighting Compensation Regulation, is amended by repealing and replacing Schedules A and B respectmg pay rates for personnel and equipment rental rates. effective March 30, 1990

Public Service Act, B.C. Reg. 91/76, the Severance Pay Regulation, is repealed. effective March 30, 1990

Revenue Sharing Act, B.C. Reg. 536/77, the Revenue Sharing Act Regulations, is amended respecting inter alia, eligibility for and amounts of certain specified grants which the Minister may pay out. effective March 30, 1990

Wildlife Act, B.C. Reg. 338/82 the Wildlife Act .

Commercial Activities Regulation, is amended m s. 1.01 respecting public liability insurance for guide outfitters and angling guides; ss. 1.03, 1.07, 1.09 and 1.13 respecting angling guide licenses are repealed.

B.C. Reg. 97/87, the Angling Regulation is repealed.

B.C. Reg. 125/90 the Angling and Scientific Collection Regulation, is enacted respecting inter alia, the collection of fish for scientific purposes and angling licensing requirements and fees. effective March 30, 1990

Agricultural Credit Act, B.C. Reg. 277/81, the .

Agricultural Credit Act Regulation, is amended m ss. 1, 2 and 3 respecting inter alia, certain definitions listed in the Act, and applications for guarantees or loans under the Act. effective April1, 1990

Islands Trust Act, B.C. Reg. 136/87, the Prescribed Rates Regulation is repealed.

B.C. Reg. 271/81, the Islands Trust R~gu~a足 tion is repealed and replaced respecting mter alia, election procedures of trustees to the executive committee. effective April1, 1990

Wildlife Act, B.C. Reg. 336/82, the Wildlife Act Firearm and Hunting Licensing Regulation, is amended in Division (1) by adding s. 1.16 respecting replacement of lost or destroyed licenses and Schedule 1.17 is amended respecting fees for hunting licenses. effective April1, 1990

Gas Safety Act, B.C. Reg. 16/87, the B.c;. Gas Code Regulation, is amended by repealing.and replacing the first paragraph of the regulation respecting the definition of "national code."

B.C. Reg. 440/87, the B.C. Propane Code Regulation, is amended by repealing and replacing s. 1 respecting the definition of "national code." effective April6, 1990

Wildlife Act, B.C. Reg. 111/84, the Limit~d Entry Hunting Regulation, is amended respectmg the legal definitions of certain sp.eci~ie~ wildli~e and respecting the dates when wildlife m certam specified areas can be hunted. effective April6, 1990

B.C. Reg. 415/75, the Management Unit Regulation, is amended by repealing and replacing a news. 2 dealing wit~ the constitution of Management Uruts. effective April6, 1990

Wildlife Act, B.C. Reg. 340/82, the Wildlife Act General Regulation, is amended in ss. 7.05, 10.01, 11.01 and the addition of a news. 17.04; included are amendments to penalties respecting licence cancellations, captive wildlife import and transport exemptions, residency exemptions, and a new section providing an exemption from the Act to persons employed by the B.C. Society for Prevention of Cruelty to Animals. effective April6, 1990

Power Engineers and Boiler and Pressure Vessel Safety Act, B.C. Reg. 311/82, s. 12(a) of the Regulation Respecting Certificates of Competency, Licenses and Registrations is repealed. effective April12, 1990

Acts in Force In previous updates, we provided you with the First Reading Bill Number to assist you with noting up the Bills you may have in your libra~.

However, Legislative Counsel has now published the "Blue Book" which gives you the new chapter numbers for each Bill passed in the 1989 Session and so our previous practice will be discontinued until new Bills are enacted in this new Session.

Milk Industry Amendment Act, S.B.C. 1989, c. 70, ss. 2 to 4, 8(a), part of s. 9 and 10(1) with provisions for, inter alia, compliance with the issuance of certificates, and sale of milk from approved farms. in force February 1, 1990

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Legislative Update (continued) Statutes Repeal Act, S.B.C. 1989, c. 14, s. 2 respecting inter alia, thee naming of the Pyramid Distribution Act to the Multilevel Marketing Reg-

ulation Act in force February 1, 1990

Miscellaneous Statutes Amendments Act (No.2), S.B.C. 1989, c. 72, s. 1 respecting s. 11(3) of the Court Order Enforcement Act, respecting garnishing orders. in force March 26, 1990

Wildlife Amendment Act, S.B.C. 1989, c. 84 s. l(f)(g), dealing with the definition of "guide"; ss. 4 and 22, respecting the issuance of angling guide licenses and the offence of angling in nontidal waters. in force March 30, 1990

Milk Industry Amendment Act, S.B.C. 1989, c. 70, ss. 1, 5 to 7, 8(b), 10(2)(3), 11, and that part of s. 9 which repeals ss. 69, 71 and 72 of the Milk Industry

Act; provisions include inter alia, certification of dairy farms, and restriction of sale of milk from approved farms. A new Schedule to the British Columbia Milk Marketing Board Regulation, respecting inter alia, the powers and duties of the Board is also enacted. in force Apri/1, 1990

Health Professions Amendment Act, S.B.C. 1989, c. 29, ss. 7 and 8 respecting the Optometrists Act, with provisions for inter alia, the right to provide optometric services through an optometric corporation. in force April6, 1990

Workers Compensation Amendment Act, 1989, S.B.C. 1989, c. 42, ss. 1 to 17 and 19 respecting inter alia, the powers of the Board of Governors and procedures respecting conduct of appeals. in force December 3, 1990

Legislation & Law Reform Activity Court Reform The National CBA Task Force on Court Reform has finalized its first phase of securing funding.

Support has been confirmed by the Law for the Future Fund, Canadian Bar Association (Ontario and New Brunswick), and the Law Foundation of British Columbia.

The next step is to assemble information on Court Reform activity across the country. The immediate focus of the Task Force is the appropriateness of the establishment by the provinces of single courts of criminal and single courts of civil jurisdiction and the effects of these changes on the independence and structure of the judiciary. The research team will present a discussion paper at the CBA Annual Meeting in London in September.

The Hon. Mr. Justice Peter D. Seaton and Kerry-Lynne Ferris of Vancouver are members of the task force.

Proposed Economical Civil Litigation Rules The Civil Litigation Section of the B.C. Branch, CBA has submitted a report to His Honour Judge Michael I. Catliff, chairman of the Rules Revision Committee.

Members of the committee included Chairman D. Wende, J. Dives, C. Hinkson, G. Weatherill, K. Doyle, J. Moshonas, and P . Willcock.

In summary, the committee observed that "economical litigation" was an unfortunate, perhaps misleading phrase.

While litigation under Rule 9.1 had the potential to be more economical, it was felt that a more appropriate name could be employed, for example, "Recovery of Debt Litigation or Small Debts Litigation." The report also provides detailed comments on the 46 subsections of proposed Rule 9 .1.

A copy of the complete report is available by contacting the B.C. Branch, CBA office.

Heritage Legislation The Municipal Law and Real Property Sections recently provided comments on the White Paper "Toward Heritage Legisla-

tion: A Proposal for Public Review."

Committee members included Peter Kenward, Ian Lawrenson, Ed Wilson and David Dunnigan.

The report concentrates on five areas: the scope of heritage zoning and the role of compensation; due process concerns relevant to heritage zoning; the heritage review process; maintenance requirements; and, heritage support.

The report notes that heritage zoning is different in its nature from what is traditionally seen as zoning. Traditional zoning allows the regulation of land (please tum to p. 12)

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New projects funded by the Law Foundation of B.C. The Governors of the Law Foundation approved first time funding for 28 new legal projects at their January and March meetings: United Chinese Community Enrichment Services Society (SUCCESS) - $14,734 (Family Violence Video) B.C. School Trustees Association & Eduserv Inc. - $15,000 (Conference- Education Law in the 1990s) UVic Institute for Dispute Resolution- $4,100 (Research on the Decision to Mediate not Litigate)- $14,630 (Evaluation of Small Claim Mediation Projects) Simon Fraser University, Natural Resources Management Program- $14,400 (Research on the Burden of Proof in Canadian Environmental Law) University of Victoria, School of Social Work- $11,500 (Publication of Handbook: Helping Professionals and the Law) West Coast Domestic Workers' Association - $11,405 (Review of Foreign Domestic Worker Program and Research on a Charter case)- $5,644 (Employment Rights Handbook) - $64,318 (Operating Expenses - Advocacy Project) Continuing Legal Education Society- $14,950 (Updates of Canadian Criminal Jury Instructions) Pacific Advocacy Training Society - $14,720 (Annotated GAIN Legislation Project) University of Calgary, Faculty of Law- $15,000 (Conference on Human Rights in the 21st Century) Law Courts Education Society - $10,743 (Literature Racks) Canadian Bar Association, B.C. Branch- $10,250 (Sustainable Development Action Plan)

Canadian Journal of Family Law - $8,000 (Summer Staffing) Canadian Bar Association $7,500 (Court Reform Project) Society for Children and Youth - $5,000 (Child Abuse Newsletter) Fort St. James Youth Activity Centre - $3,884 (Legal Workshop on Sexual Abuse) Vancouver Island Haven House Society- $35,660 (Family Court Advocacy Project) Battered Women's Support Services- $33,300 (Advocacy Project) Centre for Education and Law in Society - $60,500 (Video Conversion of Three Law Courses for Teachers) UBC Law-Related Education Group - $67,920 (Video Conversion of Two Law Courses for Teachers) Planned Lifetime Advocacy Network- $73,000 (Parent/ Lawyer Legal Education Project) Plain Language Institute of B.C. - $250,000 first year (3 Year Funding $750,000) Federated Anti-Poverty Groups of B.C. - $48,140 (Welfare Advocacy Workshops) Victoria Women's Transition House- $25,000 (Family Violence Video) B.C. Association for Community Living- $228,000 (Adult Guardianship Review)

Canadian Bar Review - $3,528 University of Victoria, Faculty of Law - $15,000 (B.C. Aural Legal History Project) B.C. Civil Liberties Association - $101,000 (Operating Expenses) Tenants' Rights Coalition$102,698 (Advocacy Project & Research on Provincial Info.

Service) Langley Legal Services $78,530 (Operating Expenses) West Coast Legal Education and Action Fund (LEAF) $96,000 (Operating Expenses & Development Program) West Coast Environmental Law Association - $200,000 (Dispute Resolution Fund) Community Legal Assistance Society- $650,000 (3 Year Funding $2,025,000) Nelson District Community Resources Society - $61,597 (Advocacy Project) United Native Nations$73,300 (Reinstatement Legal Project) Sunshine Coast Community Services Society- $3,885 (Legal Information Service) UBC Law Review - $7,000 North Shore Information & Volunteer Centre- $68,208 (Legal Information Project & Computer Upgrading) Law Foundation - $60,000 (Graduate Fellowships)

Outdoor Recreation Council of B.C.- $33,449 (Legal Research on Access to Recreational Areas)

Canadian Bar Association, B.C. Branch - $69,710 (Dial-A-Law Equipment) - $8,500 (Law Week)

Support for previously funded projects or programs was confirmed as follows:

Public Legal Education Society - $235,500 (3 Year Funding $773,500)

Society for Children's Rights to Adequate Parental Support $8,409 (Child Support Research)

University of Saskatchewan Native Law Centre- $17,000 (please turn top. 9)

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N ew CBA endorsed lawyer placement service One of the greatest challenges facing legal employers in the 1990s will be their ability to successfully attract and recruit high quality legal personnel in a timely and cost effective manner.

Due to a number of recent trends, including the establishment and growth of national law firms, significant lateral movement, rising turnover, increased competition for talent and the growing dissatisfaction on the part of many lawyers with "traditional" career avenues leading to demands for alternative, flexible work arrangements, attracting, recruiting and retaining suitably qualified lawyers has become and will remain a No.1 priority!

Law Foundation fun ding (continued from p. B) End Legislated Poverty $13,860 (Poverty Law Meetings & Newsletter) In addition, Law Foundation support for the following multiyear grantees continues in 1990:

Indeed, add to this the extensive amount of non-productive time and money that a typical firm will spend on lawyer recruitment each year and it is not hard to see why an ever increasing number of legal employers are beginning to search for more cost effective alternatives to the traditional lawyer recruitment process.

It is in response to this very real need that the Member Services Committee of the CBA (B.C. Branch) has endorsed The Counsel Network as one of their member services. Since January 1988, The Counsel Network has been meeting the steadily increasing demand by the legal community for the timely provision of professional, cost effective recruiting services.

Drawing upon its specialized experience in recruiting skilled legal talent to fill a broad range of positions and situations, from the most junior to the most senior and from temporary locums to practice mergers and acquisitions, The Counsel Network can provide the legal employer with customized, professional legal recruiting services at a reasonable cost, thereby

enhancing the firm's image, relieving the firm of many of the frustrations inherent in the recruiting process and allowing the firm lawyers to more profitably spend their time doing what they have been trained for and are best at namely, practicing law!

To meet every type of recruiting need, The Counsel Network offers four distinct recruiting options: (1) Career Search For permanent full-time personnel.

(2) Merger Consulting For practice acquisitions and mergers.

(3) Temporary Placement For temporary /part-time personnel.

(4) Contract Recruiting For assistance with specific areas.

If you would like to receive a

detailed brochure outlining the services offered by The Counsel Network, please contact Stephen Nash at 640-7198 or the CBA office at 687-3404.

Legal Services Society of B.C. - $3,000,000 Law Society of B.C. and Continuing Legal Education Society of B.C. (PLTC)$216,300 West Coast Environmental Law Association- $336,176 UBC Law Students Legal Advice Program - $104,844 B.C. Public Interest Advocacy Centre - $510,755 Total: $4,168,075 Interest from lawyers' general trust accounts enabled the Foundation to make a total of $7,142,547 in grants thus far in 1990.

Black-tie dinner honour Chief Justice The Chief Justice of Canada, the Right Honourable Brian Dickson, P.C., will be honoured by the National CBA on Wednesday, June 20 on the occasion of his retirement.

This special tribute is being organized by the Canadian Bar Association as a national dinner for lawyers, judges and members of the legal profession across Canada. The formal black-tie dinner, to be held at the Ottawa Congress Centre, will be a fitting farewell to the Chief

Justice with a minimum of speeches and an emphasis on fellowship and conviviality.

Contact Helga Otto at (613) 2372925 before June 15 to reserve your place. Tickets are $75 per person ($750 for table of ten).

Special hotel rates are available at a number of Ottawa hotels.

Contact the CBA travel centre at 1-800-267-9676 for a list of these hotels.

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Peter Rabbit on trial! Grade 3 & 4 students from Tecumseh Elementary & Annex and Van Horne Elementary, with the help of a very co-operative adult Peter Rabbit, staged a successful mock trial at the Ulw Courts Open Hou se in Vancouver.

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

Page 63: For SURREY (District of) F: 636-2417 read F: 591-4527.

Page 63: For STEW ART (District of) read F: 636-2417.

Law Week Chairman Don Sorochan prepares to deliver welcoming message to visitors to the Law Courts Open House on April 22.

CBA President Russell Lusk and Solicitor General Russ Fraser also provided welcoming remarks.

CBA elects first woman treasurer The President of the Canadian Bar Association, John Jennings of Toronto, recently announced that The Honourable Paule Gauthier, P.C., Q.C., of Quebec City, has been elected treasurer of the national association.

It is the first time in the CBA's

75-year history that a woman lawyer has been elected to the post. The election by Council for the position was a two-way race between Quebec City lawyers Georges Parent and Gauthier.

The Honourable Paule Gauthier is a partner in the Quebec City law firm of Stein, Monast, Pratte et Marseille.

Members serve the profession • James Carfra, George Macintosh, Barry Kirkham, Darryl Robertson and Pat Fay

have been appointed by the Branch Executive to form a Tariff of Costs Committee. • Jeffrey Rose has been appointed as the Branch representative on the Legal Services Tariff Committee.

Network discount increased The CBA Member Services Committee is pleased to inform members B.C. Cellular has agreed to increase their network discount for the Canadian Bar Association to 12.5 per cent up from the previous 7.5 per cent.

Contact Ralph's Radio at 8794281 or toll-free at 1-800-6633039 to discuss your cellular phone needs.

Don't throw away your 1991 Directory proof!

Production is underway for the official B.C. Branch, Canadian Bar Association's 1991 B.C. Lawyers Telephone, Fax and Services Directory.

Verification proofs have been distributed to all B.C. Branch members. Your cooperation in returning these verification forms promptly ensures the accuracy of the Directory and therefore its usefulness to the legal community.

Orders for the 1991 Directory are now being received by the Branch. The 1990 Directory press run of over 8,000 copies sold out quickly. Place your order now to receive the best prices and to ensure you receive the required number of copies for your firm.

~ Place your order for the 1991 B.C. Lawyers Telephone, Fax and Services Directory NOW! Call the Branch office at 6873404 for an order form or to place your 1991 Directory order.

11

Recycling programs gain momentum The B.C. Branch Recycling Committee has been active collecting information on how law firms can implement recycling programs in their offices. With this issue of BarTalk, an information sheet provides answers to questions about putting a recycling program into place in the law office environment.

The B.C. Branch CBA office has been recycling its office paper for almost a year. The recycling boxes have become a familiar sight under desks and at all office locations where paper accumulates such as the photocopying room. In keeping Branch members informed of CBA activities, a great deal of paper is generated. The Branch has begun to use envelopes, letterhead and other recycled paper products for Section mailings and other general mailings from the Branch.

The Recycling Committee also has been interviewing candidates for a summer student position which is presently contingent on receiving the necessary funding. If funding is granted, the student will be available during the summer months to assist law firms in setting up recycling programs and promoting the use of recycled paper in law firms throughout British Columbia.

• Office of the Attorney General (Victoria)

Since the last issue of BarTalk, the Committee has been informed that, in addition to the firms referred to last month, the following law firms and legal organizations have recycling programs in place:

• Richards, Buell, Sutton

• Davis and Company • Jones McCloy Peterson • Lawson, Lundell, Lawson & Mcintosh • Watson Goepel Maledy • Thorsteinsson, Mitchell, Little, O'Keefe & Davidson • Schiller, Coutts & Weiler If your firm is not mentioned

• B.C. Branch, CBA

above but is presently participating in a recycling program, or if you would like any further information concerning the Recycling Committee's activities, please contact Terry Clancy at

• CLE

682-3664.

• Swinton & Company

When you need to connect • • • 10.~ .3 .2 21 •

20 •

You can count on the B.C. Branch CBA's 1991 Directory.

It's accurate, easy to follow, and right on the mark!

•

19

12

Around the clock access to Dial-A-Law

specific heritage zoning but not for district heritage zoning; or provide compensation for any heritage zoning.

refusing a request, if given at all, must also reflect the general intentions of the testator as found in the document.

The Branch's Dial-A-Law service will be accessible 7 days a week, 24 hours a day when a new touch-tone interactive computer system is installed in June.

A copy of the committee's complete report detailing its analysis of the five above-mentioned points is available from the B.C. Branch, CBA.

Finally, when advising a client a solicitor should note that if there is no language giving the Trustee the right to inquire into the beneficiary's private resources, the use of broad language such as "benefit" and "comfort" may make it difficult for a Trustee to resist the request for encroachment. If the life tenant's interests are paramount, this should be made clear in the drafting.

This system leads a caller through a series of voice messages which directs the caller to the subject tape of interest from the Branch's library of 135 different tapes. Tape selections are made by simply pressing the code number of the tape if the caller has a brochure or by listening to the voice menus and pressing numbers on the telephone keypad to make selections.

While the interactive service is accessible from touch tone phones 7 days a week, 24 hours a day, any caller and specifically those who have rotary phones can connect with a Dial-A-Law operator during office hours.

The operator will connect the caller to a tape or answer questions the caller may have about the service.

Dial-A-Law is now in its ninth year of operation and at present plays tapes for some 26,000 callers each year. Dial-A-Law is funded by the Law Foundation of B.C.

Legislation & Law Reiorm (co ntinued frolll p. 7) use, density, siting, etc., but specifically prohibits the regulation of design detail. Heritage zoning, on the other hand, is aesthetically based and is directed at preserving a specific building.

The report notes that there is a valid bias for preparing legislation that would refuse compensation for any heritage zoning; provide compensation for site

Section Talk (continued from p. 4)

use of the funds falls within the scope of the language and intention of the deed, the reasons for

B.C. Dates For further information, contact the B.C. Branch unless otherwise noted June 22, 1990 B.C. Branch, CBA Annual Meeting Meridien Hotel, Vancouver June 22, 1990 B.C. Branch, CBA Provincial Council Meeting Meridien Hotel, Vancouver June 22, 1990 Law Society of B.C. Annual Meeting Meridien Hotel, Vancouver

Fee survey released The Vancouver Bar Association's Average Fee Survey is now available. To order your copy of the survey at the pre-paid cost of $5 per copy, contact Cameron Mowatt at P.L.I. Claims Managment Inc., P.O. Box 11102, 1055 West Georgia Street, Vancouver, B.C. V6E 4G2. Fax: 682-3520.

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

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