BarNotes | Summer 2014 by CBA Saskatchewan

The

Canadian

SUMMER 2014

Bar

A s s o c i at i o n

•

S a s k a tc h e w a n

Branch

BarNotes VOL. xxViii NO. 4

IN THIS ISSUE... Branch News..................... 4 President’s Message Branch News..................... 6 2014 Law Day Events: In Review Branch News..................... 9 2014 Community Service Award Commentary.................... 10 Women in Saskatchewan’s Legal Profession Commentary.................... 11 Get Compliant with New Anti-Spam Laws

BarNotes Editor

Kaylea Dunn McKercher LLP BarNotes Editorial Board Azure-Dee Farago Heather Sherdahl

Danielle Graff

Ashley Smith

Brenda Hesje

Kayla Stuckart

Brad Mitchell The Canadian Bar Association Saskatchewan Branch 306, 105-21st Street East Saskatoon , SK S7K 0B3 BarNotes is a quarterly publication of CBA Saskatchewan, provided to its members. This publication is intended for information purposes only and should not be applied to specific fact circumstances without the advice of counsel. CBA Saskatchewan represents more then 1,100 members and is dedicated to improving access to justice, reviewing legislation and advancing the administration of justice.

Commentary.................... 13 Misrepresentation: An Innocent Mistake, or Grounds for Denial?

National News................ 19 Highlights from the Association Postcard from a Lawyer.... 20 Vacation Envy: the motivation to make my trip happen

Commentary.................... 15 ISC Increases Fees by 1.45%

Appointments .................. 21

From the Courts............. 16 Updates from the Court

Calendar of Events......... 23

Pro Bono Spotlight......... 18 Miller Thomson LLP and PBLS partner to launch Regina’s Small Claims Clinic

Front Cover Acknowledgements 2014 Summer Collage 1. Sunset over Lake Diefenbaker 2. Old Red Truck 3. Red Berries

All of the photos that are included on this issue’s front cover were taken by Brenda Hesje.

4. Purple Flowers 5. Pink Crocus 6. Fire Fighting equipment from a bygone era The BarNotes Editorial Board invites member submissions of Saskatchewan pictures for future cover collages. Please include a brief note or title for your picture and send all submissions to Brenda Hesje, Executive Director, (brenda@cbasask.org).

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EDITOR’S NOTES Time for a break, eh? Kaylea Dunn McKercher LLP Many University of Saskatchewan alumni will remember one particular Commissionaire, who was posted at the entrance to the Murray Library, circa 1990. He was a lovely old gent with bright white hair, and he loved to engage with the students. Multiple times a day, he could be heard calling out to students leaving the Library, and heading in the direction of lower Place Riel, with the same query: “Time for a break, eh?” I heard a number of years ago that he had passed away, but I think of him from time to time with affection. Breaks (ie: holidays) once came with such a beauteous frequency that I never saw them for what they were: a luxury that would, one day, not come around quite so often. I now remember those times with a poignant, wistful feeling, just as I remember friends who were such fixtures during my University days, that I never fathomed going several years without seeing them so often. But it happens. Life happens. During the early years of this profession, many of us are so distracted by learning to cope with the intensive demands of practice, that we do not fully grasp the “change” that is afoot. We have only a faint notion that, aside from a day or two here and there, adults do not have anyone else carefully structuring holidays into their lives for them. We must make room for them ourselves, or they simply vanish. Nobody else really cares when we last took a break. As a prairie girl, I’ve always known, intrinsically, that I should aspire to have winter holidays - - to escape these arduous winters whenever time (and the wallet) permits. I did not always fully appreciate the importance of a summer break. I once thought that summer is pretty easy to handle without getting away on a holiday: it’s warm, its green, and the sun stays up long enough that even after a long work day, a few good hours of sunlight are left to get outside and enjoy life a little. However, I have now officially come to appreciate the joys of slowing down (and for more than just a few days at a time) in the summer. Just as your kids’ summer break will do this to you, so too will several years of the 24/7/365 relentless grind of adulthood. Unless you are careful, it wears you down, just a little bit at a time. Summer vacations are not just about enjoying the weather; they allow us to break up the year a little bit. They give us something to anticipate and to plan; a reason to race to clean up our desks; and yes, even something to return from – hopefully, with a renewed energy. Alas, the glorious sojourns that we used to

enjoy as students are a thing of the past, but when it comes to staying happy and healthy, I suggest that the quantity of breaks - even just extended long weekends - that we can build into each long, busy year may matter. It may matter just as much as the details of where we go, or what we do during those breaks. While you are hopefully taking a few moments to put your feet up, this issue of BarNotes should have something to both entertain and enlighten you. As you may have noticed in the Spring issue, Beth Bilson, QC, is authoring a regular column for us, touching upon equity and diversity matters. These issues have an inherent tendency to become politicized, but it is so very important to turn our minds to them, that I owe Beth a debt of gratitude for approaching BarNotes with an interest in contributing her thoughts to us. We also have contributions from Jade Buchanan at MLT on the new anti-spam legislation - - a topic that has been on everyones’ mind as we have all received the recent onslaught of consent requests. Jeremy Ellergodt and Tara Dattani have also shared some commentary about the relevance of misrepresentations made by insurance applicants. Many litigators have had files touching on this area, particularly those with an insurance practice. And last but not least, in addition to various tidbits of CBA news and updates, Elizabeth Ulmer has contributed this month’s Postcard from a Lawyer, where she provides an entertaining summary of her recent travels across the pond. Her ending thoughts are persuasive: do not put off travelling until you are less busy; as we all know, that moment is not coming any time soon!

Save the Date! September 25 - 26th, 2014 Radisson Plaza Hotel • Regina, SK

Summer 2014 / BarNotes 3

BRANCH NEWS President’s Message Kylie Head, QC Ministry of Justice It is hard to believe, but this is already my last President’s Message. It has been a very rewarding but demanding year, which makes the time slip by even faster!

Provincial Council Meetings One of my goals as President was to strengthen our Council meetings - not only to increase attendance, but to increase discussion and engagement between Council members. I am pleased to report that our total annual attendance at Council is up by 30% as compared to last year’s attendance. I appreciated all of the lively discussion and debate at Council this year. Let’s keep this momentum going! We welcome suggestions from Council members as to what specific topics you would like to discuss at Council meetings next year.

Bylaw Review Over the past few months the Executive Committee has reviewed the Branch Bylaws to ensure that they continue to meet the needs of the Branch. We took substantial proposals for revision to the April Council meeting, where the proposals were debated and adopted on a consensus basis. The amendments were then circulated to the membership and adopted at our Annual Meeting in June. I am confident that these changes will enhance CBA Saskatchewan’s position in the coming years. Any members with questions or concerns about either the Bylaws or general governance issues are welcome to contact me directly.

Rural Initiatives The Branch continues to be interested in the future of rural practice and access to justice in rural Saskatchewan. This year we sponsored a bus trip for law students to Moose Jaw to learn what life might be like for them if they were to choose to article there. We hosted a roundtable discussion on CBA Rural Initiatives at the Council Meeting that occurred during the Mid-Winter Meeting (when rural lawyers were more likely to be in attendance). In May, the Membership Chair Loreley Berra and I also visited the North East Bar Association to talk about what issues they are facing and how the CBA could be of greater use to them. There are some success stories of young lawyers settling in rural Saskatchewan but there are still unmet needs in parts of the province. This issue will continue to be a focus for the Branch Executive Committee.

Law Library at the College of Law You may have seen media reports that the Law Library is slated for closure. In fact, the Law School is reviewing the future of the Law Library and its resources. The Branch is monitoring the situation and will be actively advocating for the interests of the profession in this process.

Make a Will Month The Saskatchewan Branch is considering participating in a couple of new initiatives, “Make a Will Month” (November) and “Power

Queen’s Counsel Nomination Queen’s Counsel appointments are made by the Cabinet with the judiciary, The Law Society of Saskatchewan and CBA Saskatchewan providing input. The appointments are traditionally announced in December each year. CBA Saskatchewan will be considering eligible members whose names may be put forward to the Minister of Justice. Members who know of likely candidates for this are invited to submit nominations to the CBA QC Nominating Committee. The pre-requisites are: 1) that the individual has been entitled to practice law for at least ten years; and 2) he or she has enhanced the profession through distinguished work or dedication to the profession. A third criterion exists to be eligible for a nomination by CBA Saskatchewan; which is such that a CBA nominee must be a CBA member. All nominations, along with background information and the reasons you believe the nominee should be honoured, should be forwarded to: CBA Saskatchewan, Attention: QC Committee, 306, 105 - 21st Street East, Saskatoon, SK S7K 0B3.

Deadline for Submission: September 15, 2014 - 4:30 PM

4 BarNotes / Summer 2014

NOMINATION FORMS available online: http://bit.ly/QCnomination

BRANCH NEWS of Attorney Month” (May). These initiatives would help make the public more aware of some of the important reasons that everyone needs a lawyer. The campaigns could be similar to the eye health month campaign promoted by optometrists; raising the profile of the profession with the public in a way which is likely to be favourably received. Initially, the campaigns would require law firms to indicate their willingness to participate. Firms would be asked to opt in by using CBA created digital icons and slogans for email signatures and for web/social media. The CBA would have online marketing which would include a listing of the law firms that choose to participate in the initiatives. We would also be seeking local non-legal organizations with which we can partner to broaden the level of media and public attention. More details will follow as we work through the implementation issues.

CBA National Board of Directors It is the privilege of each Branch President to sit on the CBA National Board of Directors. This experience has been a unique opportunity to gain insight into the issues that face the profession and the CBA itself across Canada. Access to justice remains at the forefront for the CBA, and in June the Board was privileged to meet with several members of the Supreme Court of Canada to discuss access to justice initiatives. The CBA nationally is in a time of transformation, with significant changes to the membership fee structure being implemented

this year. The Board has been engaged in a communications and branding audit to determine where CBA National should invest and what matters most to members. The Futures Report will be released in August at the CLC. There are many talented lawyers across the country committed to working together on your behalf to make the CBA stronger and more visible, all to the benefit of the profession.

Protecting Public Confidence in the Courts The CBA’s commitment to speaking out in defence of the judiciary has been particularly evident in the media recently. President Fred Headon has appeared on television, radio and in print, speaking in defence of Chief Justice McLachlin. Eleven national Past Presidents of the CBA also weighed in on this issue in a letter published in the Globe and Mail. On June 2, the CBA called for improvements to the selection process for justices appointed to the Supreme Court of Canada. The CBA supports an open and transparent process, including the creation of a judicial advisory committee to vet nominees. The CBA wants Canadians to continue to feel confident about the integrity of our judicial system.

CBA Influence and Advocacy A big part of the CBA’s work is advocacy, both in the interests of the profession and in the public interest. The CBA brings a rule of law perspective to public debate. We have made sixty submissions to the federal government since last September. Members from across Canada participated in crafting those submissions – 382 members to be precise. On May 17 alone, the CBA was mentioned in the House of Commons debates 23 times, on three different bills (C-560 Equal Parenting, C-31 Trademarks Act and C-13 Cyberbullying) by Members of Parliament from all three of the main parties. Lora Bansley has very ably led Saskatchewan’s participation in this national process over the past year while also leading our own legislative and regulatory consultation processes here in Saskatchewan. We can all be proud of the work of our Association on these and so many other interventions, submissions and conversations of influence.

Thank You Thank you to the Executive Committee, Council and all other volunteers for making this year so successful. All of your hard work is appreciated. We are a volunteer driven organization and we cannot accomplish what we do without your dedication. For those of you who do not yet volunteer with the CBA, I encourage you to give it a try. I am delighted to see new individuals stepping forward this year to join us in leadership positions throughout the province. A special thank you also to our outstanding staff, Brenda, Kayla, and Lorraine. You make us all look good!

Contact Kylie with any suggestions or feedback. 306.787.5224 // kylie.head@gov.sk.ca

Summer 2014 / BarNotes 5

BRANCH NEWS 2014 Law Day Events: In Review Charmaine Panko Miller Thomson LLP It has been a busy year with an exciting expansion of Law Day activities and to the membership of the Law Day Committee. This year’s Law Day committee included a number of new members who brought enthusiasm and fresh ideas, and provided the opportunity to expand our activities to Regina. The committee is looking forward to continuing the momentum next year and has already started planning a few new things, such as a High School Mock Mediation demonstration in Regina and the replacement of the Law Day Luncheon with an educational event geared more to the general public.

Law Day Luncheons One of the activities that the CBA hosted to celebrate the 32nd anniversary of the implementation of the Canadian Charter of Rights and Freedoms was the annual Law Day Luncheon in Regina and Saskatoon on April 10th and 11th, 2014. Ian Hanomansing, from the CBC News Network, was the guest speaker whose speech, “Influencing the Court of Public Opinion” was challenging and thought provoking. As part of our continuing efforts to provide public education and opportunities to address access to justice issues, we sponsored a group of new immigrants in Regina to attend the luncheon, followed by a tour of the courthouse and police station. Though the luncheons were well attended, upon reflection of the event and the purpose of Law Day, the decision has been reached to discontinue the annual luncheons and replace them with a more informal event that will be open to the public. The Law Day committee is in the process of considering what that event will look like and is excited to unveil the details once confirmed.

Fun Runs Our Fun Runs raised over $5,000 for PBLS and CLASSIC. In addition to our regular “Run for the Law” Fun Run in Saskatoon, we were thrilled to have our first annual “Lynn Smith Memorial” Fun Run in Regina, in support of Past President Lynn Smith, QC.

Law in your Life Library Series The “Law in your Life” library series is a partnership with the Regina Public Library, Saskatoon Public Library and PLEA. This year we had three very successful and well received presentations in each city.

Essay and Poster Contests Our essay and poster contests received a number of entries and we were pleased to present awards to a winner for each contest at our Law Day Awards Banquet. Teachers were also encouraged to invite a lawyer or judge to present to their classroom if they were participating in the contest.

High School Outreach Pilot Project For the second year, in conjunction with PLEA and PBSC the CBA participated in a high school outreach program where a law professor, law student and practicing lawyer made joint presentations to Law 30 classes at high schools in Saskatoon, Regina and this year expanded the presentations into rural communities.

Contact Charmaine with any suggestions or feedback. 306.667.5620 // cpanko@millerthomson.com

CBA Mock Trial Nine teams participated in the 15th annual Mock Trial Competition held on April 5th, 2014 at the Saskatoon Court House, with a team from Yorkton Regional High School taking home the coveted McKercher Cup. The CBA is grateful for the continued support of this event by the courthouse staff and sponsors and, in particular, the Judges who volunteer their entire Saturday to provide invaluable feedback and insight to the teenagers who participate in this competition. Special thanks go out to Sheriff Gordan Laing, Justice Currie, Judge O’Hanlon, Judge Plemel, Judge Kalenith, Judge Metivier and Justice Smith.

6 BarNotes / Summer 2014

(L-R) Justice Currie, Judge O’Hanlon, Judge Plemel, Judge Kalenith, Judge Metivier and Justice Smith

BRANCH NEWS

Saskatoon’s “Run for the Law” Fun Run

Regina’s “Lynn Smith Memorial” Fun Run

Group photo of all the teams who participated in the 15th annual Mock Trial Competition

Charmaine Panko presenting Essay Contest winner Deanna Stockdale Winder with her Award

Charmaine Panko presenting Poster Contest winner Zoe Mildenberger with her Award

View more of our Law Day pictures online. Visit www.facebook.com/CBAsask or www.flickr.com/cbasask

Summer 2014 / BarNotes 7

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BRANCH NEWS

2014 Community Service Award: Ronald Kruzeniski, QC CBA Saskatchewan is pleased to announce that Ronald Kruzeniski, QC, Information and Privacy Commissioner with the Government of Saskatchewan, was selected as the 2014 Community Service Award recipient. The Community Service Award was created to recognize valuable contributions of CBA members who have demonstrated outstanding dedication, service and commitment in serving the communities of our province. For years, Ron has been an active volunteer, not only with The Canadian Bar Association, but also within the community. He devotes much of his time to various organizations within the province, including the Alzheimer’s Society, Canadian National Institute for the Blind (CNIB) and the Board for the Regina Public Library.

past 8 years he has supported our organization as a guest presenter for our Annual Provincial Conference and Family Learning Series, showcasing exceptional leadership skills and a commitment to improving the lives of people and families living with dementia.” Ron’s support and consideration for the community are also evident in the everyday work that he does, especially within the legal community, serving as Vice-Chair for the Public Legal Education Association (PLEA) of Saskatchewan and working with the Saskatchewan Legal Aid Commission. The 2014 Community Service Award was presented to Ron at The Law Society’s Annual Meeting dinner on June 19th. Congratulations Ron.

“Ron is an ideal recipient for this award”, says Joanne Bracken, CEO with the Alzheimer’s Society of Saskatchewan, “over the

President Kylie Head, QC, presenting Ron Kruzeniski, QC with his award and certificate For a full listing of past Community Service Award recipients visit: http://bit.ly/CBASKawards

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Summer 2014 / BarNotes 9

COMMENTARY Women in Saskatchewan’s Legal Profession Professor Beth Bilson, QC College of Law, University of Saskatchewan In 1990, a committee that included representatives of The Law Society of Saskatchewan, The Canadian Bar Association, Saskatchewan Branch and the College of Law commissioned a study of the position of women in the legal profession in Saskatchewan. Many of the findings of this study were echoed in the 1993 report of the Canadian Bar Association Task Force on Gender Equality in the Legal Profession, entitled Touchstones for Change: Equality, Diversity and Accountability. In the Touchstones report, the task force found numerous instances of inequality in the profession. The conclusion of the report noted:

Evidence of gender inequality abounds in the restricted nature of employment opportunities available to women, in the limits placed on their career advancement, in the lack of accommodation of family responsibilities and in sexual harassment. Twenty years after the Saskatchewan report, the Equity Committee of the Saskatchewan Branch decided to revisit the issues canvassed in the earlier study, and to determine whether there have been changes in the position of women in the legal profession. For purposes of comparison, the same survey instrument was administered to lawyers, law professors, students and judges in 2010 as in 1990. The report analyzing the results of the survey, Women in the Legal Profession in Saskatchewan: National and Historical Comparisons, was released in October 2013. As might be expected, one of the major changes over this twenty-year period has been an increase in the number of women in the legal profession. At the time of the 1990 survey, women represented about 18% of the profession in Saskatchewan, which was slightly lower than the national average of 27%. In 2010, women’s representation in the profession had increased to 36%, close to the national figure. Associated with this change was a concomitant change in the age profile; in 2010, 46% of Saskatchewan lawyers under 40 years of age were female, while 24% of lawyers over 40 were. To the many who thought that the presence of more women in the legal profession would resolve many of the problems that women reported facing in 1990, it will come as a disappointment that the

10 BarNotes / Summer 2014

results of the survey suggest that many of the same challenges persist. Women still move away from private practice at a higher rate than men; they still report that they are discouraged from pursuing some kinds of legal work; there are still income disparities; and men are still proportionally more numerous at the senior levels of legal organizations. The findings of the Saskatchewan study on these points echo research carried out in Ontario and British Columbia. In spite of the strikingly higher numbers of women, over two-thirds of the respondents to the 2012 Saskatchewan survey reported that they had observed discrimination against women in the legal profession occasionally or frequently. Forty-two per cent of women respondents said that they had been “denied opportunity or advancement for non-professional reasons.” This was a decline from the 54% who had made a similar statement in 1990, but still reflects upward of half the female respondents to the survey. Women continued to report challenges in balancing their careerrelated obligations with their family responsibilities. Despite these challenges, one of the interesting findings of the study was that women of child-bearing age actually worked a higher number of hours per month than men of a similar age. This finding may require closer examination, but it suggests that the common assumption that the incomes of women are lower because of their absences connected to child care may not be reliable. The results of the survey – and the discursive comments submitted by many of the respondents – present a sobering picture of a profession which has not entirely managed to eliminate gender difference. On the other hand, one more positive result of the survey was that women lawyers in Saskatchewan report a somewhat higher rate of career satisfaction than women in other jurisdictions where similar research has been carried out. It is not clear whether this stems from the fact that Saskatchewan law firms and legal organizations are smaller than those in other places, or from some other cause – and it should not be a cause for complacency – but it is an indication that though women in the Saskatchewan profession may be challenged, they are not despondent.

Women in the Legal Profession in Saskatchewan: National and Historical Comparisons Read the full report: http://bit.ly/WomenLegalProfSK

COMMENTARY

Get Compliant with New Anti-Spam Laws: 8 Tips for Law Firms Jade Buchanan Macpherson Leslie & Tyerman LLP The July 1, 2014 deadline for lawyers to become compliant with some of the most stringent anti-spam laws in the world has passed. Canada’s Anti-Spam Legislation (“CASL”) is now in force and, if you are not compliant yet, it is time to get on it. The risk of non-compliance for lawyers goes beyond the steep $10,000,000 maximum penalty for organizations because of the added embarrassment of being a lawyer who fails to follow the law. To help you avoid those risks, I want to use this article to provide you with two things: (1) a cursory overview of the anti-spam provisions of CASL; and (2) a list of practical tips for complying in a way that causes minimal disruption to your marketing practices. So, what is this new law? Put simply, CASL prohibits the sending of “commercial electronic messages” (“CEMs”) without the consent of the recipient. For law firms, “commercial electronic messages” are typically going to be emails which we would typically characterize as “marketing”, including emails offering to provide new legal services, announcing firm news, inviting someone to a firm event or, if your firm operates a law blog, forwarding a blog post. It may even include reminding someone to update their will or renew their trademark registration. Consent can be express (though express consent will only be valid if the request includes a very prescriptive list of requirements) or it can be implied in certain situations. For law firms, implied consent will flow from the business relationships we have with our current clients. Unfortunately, that implied consent expires two years after the date on which the client last purchased your legal services. Aside from requiring consent of the recipient, CASL also imposes strict requirements on the form of CEMs, including that all CEMs must have an easy to use unsubscribe mechanism, allowing the recipient to withdraw consent. You will need to become CASL compliant if you use email to market or advertise your legal services or otherwise promote your practice—even if the messages are only sent to your own clients. Now that we have gotten past that brief, non-exhaustive summary of CASL, we can move to the primary purpose of this article: providing you with practical tips for getting your firm CASLcompliant.

1. Put Someone in Charge This tip is at the top because it is the most important: your office needs an anti-spam compliance officer. Without one, you cause responsibility and expertise to diffuse and waste valuable time and resources attempting to teach an entire office an unending list of rules and exceptions. Your compliance officer ought to be a lawyer or senior member of your staff and should oversee all elements of compliance.

2. Develop a Policy and a Procedure A simple policy will help you get organized, assign responsibility, and provide you with a due diligence defense should you be sent a notice of violation. A procedure will guide your compliance officer in ensuring your emailing lists contain only consenting recipients, your CEMs are CASL-compliant, and your unsubscribe mechanism is on and working.

3. Make Sure Your Unsubscribe is On and Working A sure way to expose your firm to penalties under CASL is to send a CEM without an unsubscribe mechanism or to keep sending CEMs to a recipient who has unsubscribed. CASL is complaint-driven and it is easy for individuals to file complaints online. You can avoid penalties by avoiding complaints and you can avoid complaints by ensuring recipients can unsubscribe successfully the first time they try.

4. Know When CASL Does Not Apply CASL does not impose consent or informational/unsubscribe requirements on most day-to-day emails, including where you are generally providing a service (e.g. reporting on a litigation matter), enforcing legal rights (e.g. sending a demand letter), or hiring a service provider (e.g. contacting a stationery printer to order business cards).

5. Request Consent from New Clients It is ideal to build your mailing lists on expressed consent because it does not expire (but can be withdrawn). As mentioned above, implied consent expires after two years. This creates the big administrative burden of regularly testing your client relationships

Continued on Page 12...

Summer 2014 / BarNotes 11

COMMENTARY a phone call or a letter is a CASL-free way to promote your firm.

Continued from Page 11...

against your mailing lists. Save those resources by using your retainer letters to request consent or try sending new clients an on-boarding email welcoming them as a client and requesting consent.

If you would like to know more about compliance, please contact me at jbuchanan@mlt.com. I would be happy to provide you with a template policy and process that you can adapt to your office.

6. Request Consent when a Matter is Concluded Consider sending clients an “off-boarding” email after a final bill. This is a chance to thank them for their business and a chance to collect express consent.

7. Automate Your Marketing Emails Law firms have access to software that will allow us to track consents and unsubscribes (e.g. MailChimp and Constant Contact). While transitioning to automated messaging systems can be resource intensive, it will significantly reduce the long-term burden of monitoring consents and unsubscribes.

8. When in Doubt Send a Letter or Make a Phone Call Sometimes the old ways are the best ways (to be CASL-compliant). Letters are, of course, not electronic and faxes and phone calls are explicitly exempt from CASL. Therefore, the personal approach of

Aerial shot of Cumberland House provided by Judge Gerald Morin. Judge Morin encourages other members to submit aerial photos of their home towns. Submissions can be sent to info@cbasask.org.

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COMMENTARY

Misrepresentation: An Innocent Mistake, or Grounds for Denial? Jeremy Ellergodt & Tara Dattani McKercher LLP When an individual applies for insurance, he or she is usually required to fill out an application form. Depending on the type of insurance, there could be dozens of questions that the individual needs to answer, many of which require answers about things that have happened in the past. Answering questions about situations and circumstances which occurred years in the past can cause an individual to provide untrue or partially untrue statements. Doing so can result in loss of coverage if it is determined that the individual provided a misrepresentation to the insurer. The potential for misrepresentation often occurs at the beginning of the relationship between the insurer and the insured. A misrepresentation is most likely made during the filling out of a form or application to be considered by the insurer before the contract of insurance is entered into. The intention of the insured in making a misrepresentation is usually not a relevant consideration. Thus, a misrepresentation can occur even if an insured inadvertently makes a mistake on an application form. The question of whether these misrepresentations will allow an insurer to deny coverage under the policy will depend on how important the statement is in the insurer’s decision to provide coverage. The test is whether the misrepresentation was “material” to the insurance contract. In Mutual Life Insurance Co. of New York v. Ontario Metal Products Co. [1925] 1 W.W.R. 362, the Privy Council set out the law in relation to whether a misrepresentation is material. The court stated: “whether, if the matters concealed or misrepresented had been truly disclosed, they would, on a fair consideration of the evidence, have influenced a reasonable insurer to decline the risk or to have stipulated for a higher premium.” Therefore, an insurer must prove that had it been given correct information, it would have changed whether insurance would have been provided or it would have changed what the premium would have been on the insurance. The test is an objective one, meaning that the actions of the insurer are judged against the “reasonable insurer”. Expert evidence is almost always required to prove that a misrepresentation is material. For example, if an insured stated on

a questionnaire that he smoked five cigarettes per day when in reality he smoked ten, the insurer would be required to prove that this was a material misrepresentation and that had it known that he smoked ten cigarettes a day, the insurance would have been denied or premiums would have been different. Generally speaking, once it is proven that the insured’s misrepresentation was material, the insurance policy is void and the insurer does not need to establish that the specific misrepresentation caused the loss. So if an insured states that his home does not contain a fireplace, when in fact it does, and if his house burns down because of an unextinguished cigarette, the insurer can deny the insurance even though the presence of the fireplace did not cause the loss. Although the law of misrepresentation can appear harsh, courts have rationalized the policy based on the principle that an insured owes a duty of “utmost good faith” or, uberrimae fidei, towards the insurer. This duty exists because the insurer is relying solely on the information provided by the insured to assess the risk of providing the insurance policy. An insurance contract becoming voidable if misrepresentation has occurred has been codified in Saskatchewan under The Saskatchewan Insurance Act, RSS 1978, c S-26. Examples of the duty to disclose can be identified under Part IV, Part V, Part VII, Part VIII, Part IX and Part X. This codification applies to various types of insurance including fire insurance, life insurance, and accident and sickness insurance. Recent Case Law In Maginnes v. Non-Marine Underwriters, Lloyd’s, London [1997] S.J. No. 163, the plaintiff purchased life and sickness insurance for her horse. Shortly before she renewed her policy a veterinarian removed a large tumour from the horse’s leg which was suspected to be a melanoma. In answer to a question regarding ailments or illnesses, the plaintiff stated that the horse had none. One year after the insurance policy was renewed, the horse died from malignant melanoma in its throat and a post mortem revealed melanoma throughout its body. The trial judge determined firstly that the plaintiff did not know whether the tumour was malignant or not and also that based on the evidence from the vet, the presence of the melanoma would not have influenced a reasonable insurer to decline the risk or request a higher premium because there was only a very small chance that Continued on Page 14...

Summer 2014 / BarNotes 13

COMMENTARY Continued from Page 13...

the horse would have died from the melanoma. Thus, the trial judge allowed the plaintiff’s application for insurance proceeds. On appeal, the Court of Appeal stated that the trial judge had erred in relying on the vet’s opinion in relation to whether the information would have influenced the insured decision to accept the risk. The Court of Appeal stated “to hold, as he impliedly did, that the opinion of this vet, in the context of this type of risk, would have coincided with the views of a prudent insurer does not accord with reality.” Thus, the appeal was allowed and the insurance contract was held to be void. In Kong v. Manulife Financial Services Inc. 2008 BCSC 65, the insured purchased life insurance with a one million dollar death benefit. As part of the application process he filled out a form which asked whether he had ever “had a problem” with his heart or blood vessels, such as a heart murmur, shortness of breath, and various other ailments. He answered “no” to this question. Three years after receiving the insurance policy, the insured traveled to Cambodia to visit his mother where he was subsequently shot and killed.

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The beneficiary under the policy, his wife, applied for the death benefit but the insurer denied her claim as the insured’s medical history indicated that he had previously had issues with “shortness of breath, chest discomfort and asthma”. The court reviewed the evidence which indicated that although the insured had complained of “shortness of breath” and “chest discomfort” to his doctor, his doctor ultimately ruled out that it was a heart problem. Since the insured did not have a “heart problem” the fact that he answered in the negative to the list of various conditions was truthful. The court goes into an in depth discussion in relation to the ambiguity which occurs when an initial question is then followed by further questions or examples. The court states that where there is ambiguity in a question, it must be interpreted in favour of the insured. Conclusion An insured can innocently make a mistake and misrepresent facts to an insurer. Despite the lack of intentionally lying to the insurer, the insurance contract will be void if the misrepresentation was material to the insurer’s decision to provide insurance. Although this may appear to be a harsh penalty for a simple mistake, the insured’s duty of utmost good faith demands that the information provided to the insurer be accurate and true.

COMMENTARY ISC Increases Fees by 1.45% Jeff Demitor Information Services Corporation Information Services Corporation (ISC) increased most of its fees by 1.45% on July 1, 2014. This fee increase was applied to all core registry flat fees and ancillary service fees within the Land Registry (Land Titles), Personal Property Registry, Land Surveys Directory (Survey Plans) and Geomatics (Map, Photo and GIS) product offerings. The 1.45% fee increase was not applied to: •

Free services (e.g., Parcel Picture, Interest Discharge, Plan Report Search, Submission, etc.).

•

Corporate Registry fees (including fees tied to the Business Registrations Saskatchewan web service).

•

Ad Valorem (i.e., value-based) fees in the Land Registry. o Please Note: ISC’s value-based fees did not change, but the value ranges for Ad Valorem fees were adjusted. The following example illustrates how these value ranges have changed for a typical change of ownership transaction in the Land Registry.

Old Value Ranges Titles & Abstract Valued at $0.00 to $500.00 $501.00 to $8,400.00

Current Value Ranges

Fee Free $25.00 0.3% of the value of the title or abstract

$8,401 and greater

Titles & Abstract Valued at $0.00 to $525.00 $525.01 to $8,800.00 $8,800.01 and greater

Fee Free $25.36* 0.3% of the value of the title or abstract

* This is a flat fee for a value-based range, not a value-based fee. Please visit www.isc.ca/fees for a full listing of all our fees and value ranges.

Here’s an illustration of a typical change of ownership transaction in the Land Registry that will help demonstrate the impact of this fee change: Old Pricing Value-based Fees Surrender

Setup

Transfer a property worth $300,000

$450.00

Transfer a property worth $800,000

$1,200.00

Flat Fees Title Searches

Current Pricing

Value-based Fees

Flat Fees Title Searches

Total

Surrender

Setup

$20.00

$920.00

$450.00

$20.30

$920.30

$20.00

$2,420.00

$1,200.00

$20.30

$2,420.30

(2 search average)

Total

ISC reviews fees on an annual basis and has not increased fees in eight years. We are constantly evaluating the market and our business, and are committed to providing fair and sustainable fees to all our customers. ISC’s Master Service Agreement and related Registry Operating Agreements with the Government of Saskatchewan allows fees to be adjusted on a yearly basis, based on a prescribed formula tied to inflation, as measured by the Saskatchewan Consumer Price Index published by Statistics Canada.

Summer 2014 / BarNotes 15

FROM THE COURTS

Updates from the Courts Court of Appeal for Saskatchewan

commitment to working with the CBA on projects of mutual

Chief Justice Richards began his remarks by noting the important work that the CBA does for the profession and the legal system more generally. He commended CBA volunteers for putting aside their files to invest time in these endeavours. He then went on to specifically acknowledge the significant role played by the CBA and its leadership in defending the judiciary from unwarranted criticism.

interest to the profession and the courts.

With respect to the Court of Appeal, Chief Justice Richards reported that Justice Stuart Cameron has recently retired from the Court after 32 years of outstanding service. He also indicated that Justice Ryan-Froslie was appointed to the Court in November of 2013. The Court now has a complete roster of full-time justices and its membership is likely to be stable for some time going forward. The Court is functioning well and reserved judgments are at a long-time low. The Chief Justice flagged a number of recent initiatives of interest to practitioners. These included: • A new system under which counsel are notified a day in advance if a reserved decision is about to be released. • A new procedure (which also applies to the Court of Queen’s Bench and the Provincial Court) governing how counsel seeking a discretionary publication ban are to advise the media of their application. • A new citation guide which will be adopted by all three courts to provide consistent province-wide citation rules. • An annotation of The Court of Appeal Act and the Civil Rules which is being finalized by former Justice Cameron. The Court plans to include it and various writings about effective advocacy in an online resource centre for counsel. • The development of an easy to follow step-by-step guide for use by those individuals who appear before the Court without the assistance of counsel. The Chief Justice also noted that the Court of Appeal has approved, in principle, the idea of allowing its proceedings to be webcast or broadcast. It will now be sorting out a framework for putting all of this into practical operation. He also indicated that he is working with the CBA and the Department of Justice to develop programs and resource materials for assisting new immigrants to better understand the nature of the Canadian legal system and the roles played in it by lawyers and judges. Chief Justice Richards concluded his remarks by indicating that he very much welcomes comments and questions from the bar about both the work of the Court of Appeal or the operation of the justice system more generally. He also confirmed his

16 BarNotes / Summer 2014

Provincial Court of Saskatchewan Chief Judge Snell began her remarks by confirming that Chief Justice Richards spoke for her Court as well when he pointed to the important work done by the CBA. She wanted the Branch to know that her Court very much appreciated the support of the judiciary by the CBA. Chief Judge Snell advised that her seven year term is ending at the end of this calendar year, so she would be reporting at this meeting generally on her entire term. She said that her activities during her term have included initiatives in the following areas: • Improving the support services to the Chief Judge and the judges: This included hiring a secretary in the Chief Judge’s office to provide remote services to judges in the offices other than Regina, Saskatoon and Prince Albert (where there are secretaries) to assist them in producing written decisions; hiring an executive legal assistant and registrar for the Court, hiring an executive assistant to the Chief Judge; instituting an articling student program; providing internet services in circuit points; creating an orientation program for newly appointed judges and the preparation of a Handbook for judges; • Improving the professionalism and practices and procedures in the Chief Judge’s Office: This included instituting a diary system; protocols for administrative matters handled by the Chief Judge such as various kinds of leaves, including deferred salary leaves; protocols for decision making in the Chief Judge’s Office; recording ethical advice provided to judges and preparing a briefing book for the next Chief Judge; • Circuit point review: A review was undertaken in 2010 to ensure the Court is using its resources in the most efficient way possible. Following this, 10 circuit points were closed; one new circuit point at Turnor Lake reserve was opened during Chief Judge Snell’s term and Chief Judge Snell visited most of the court’s 66 circuit point locations - many deficiencies in those locations have been remedied; • Improving the standardization of practices and procedures: The Court has implemented standardized conditions for adult probation and conditional sentence orders and those for youth orders will be completed soon; a judgment template was developed and is being used consistently and we are working on a standardized endorsement program; Practice Directives were issued in 2012; • Improving access to justice: A pro bono project has been instituted in Regina to assist self-represented litigants in the civil division; videoconferencing is available in all permanent court locations and 14 circuit points, as well as in youth facilities and victims’ soft rooms; Chief Judge Snell noted that this equipment can be used by counsel to avoid extra cost to their clients for

FROM THE COURTS travel and said that Sheldon Pinx from Manitoba used it in that way to hear a decision; the Court used the videoconferencing equipment to host a provincial event in November of 2012 for an educational/community based discussion opportunity which involved over 400 people, regarding people with FASD or a cognitive disability - Chief Judge Snell noted that some of the groups formed during that event are still meeting to work towards using a therapeutic approach in appropriate cases; • Policy changes: The Court took over trial scheduling in Regina and Saskatoon where it had previously been handled by crown prosecutors; also, the Court pressed the Justice Ministry to discontinue the practice of having RCMP officers act as crown prosecutors in circuit point locations - this led to cabinet approving a budget to end this practice; • Capital projects: Chief Judge Snell noted that the new Meadow Lake courthouse is a wonderful civic landmark which far better meets the needs of the Court and the people using the Court’s services in Meadow Lake, but she was disappointed that nothing had happened to address the pressing need for a new facility in Saskatoon. However, she noted that there seem to be some things happening now and she has hope that there will be some movement soon to work on that project. Chief Judge Snell concluded her remarks by saying that it has been a great privilege and honour to have served as the Court’s Chief Judge. She said it was a challenging but rewarding position

which has provided her with the opportunity to learn a great deal about the judges of the Court and the locations where they sit. This opportunity doesn’t arise when you see your colleagues only occasionally at educational conferences and En Bancs. She noted that the judges are committed to providing the best justice services possible and have been supportive and engaged in all the projects she has proposed and all of the other important initiatives taken through the committees of the Court. Chief Judge Snell advised that she is going to take an eight month leave of absence from January to September of 2015 following which she is very much looking forward to returning to regular judicial duties in the Regina chambers. Finally, Chief Judge Snell indicated that it had been a pleasure for her to participate in this and other CBA events both within Saskatchewan and throughout Canada during her term. She wished all members of the Branch the best in the future and thanked them for their support and collegiality during her term. Editor’s Note: We have included a summary of the updates provided to the Annual Meeting by Chief Judge Snell and Chief Justice Richards. We hope to include a summary of Chief Justice Popescul’s update in the fall issue.

Save the Date! 2015 Mid-Winter Meeting • Feb. 5-6th Delta Bessborough Hotel, Saskatoon Image Source: © Scott Prokop Photography

5 Streams of Professional Development Watch for your copy of the Mid-Winter Meeting Brochure with our Winter Issue of BARNOTES, circulated the first week of December!

Summer 2014 / BarNotes 17

PRO BONO SPOTLIGHT Miller Thomson LLP and Pro Bono Law Saskatchewan Partner to Launch Regina’s Small Claims Clinic Nicole Sarauer Pro Bono Law Saskatchewan Partnerships play a huge role in the programming philosophies at Pro Bono Law Saskatchewan. Partnerships allow us to pool our limited resources with others to not only meet the needs of the population we serve but to provide opportunities to other entities involved which allows us to all excel in the process. It is no surprise that PBLS’s newest program, the Regina Small Claims Clinic is built on these same grounding philosophies. Chief Judge Snell, recognizing a gap in services, approached our office about creating a clinic that would deal exclusively with small claims issues. What would make this clinic different from our other clinics is that it would be located right where the public would need the help – on the small claims floor of Regina’s Provincial Court. The court would offer space for the 6 hour per month clinic and PBLS would provide the administrative and volunteer support.

Law Ontario respectively, these clinics offer real-time assistance to individuals who are navigating the small claims court process through the work of pro bono lawyer volunteers. Although our Law Society Rules currently bar some of the services offered at these clinics to be offered in Regina (seeing walk-in appointments as an example), much of the spirit of these successful ventures is maintained in the Regina Small Claims Clinic. We are thankful for all of our partners in this new clinic, and are especially thankful to Judge Demong and Jan Whitridge for facilitating this partnership at the court level. We would also like to thank all of our lawyer volunteers at the Regina Small Claims Clinic - Kevin Miller, Andrea Johnson, Stewart Berringer, Peter Bergbusch, Jeff Grubb QC, Eric Johnson, Ryan Kitzul, Francis Poulin, and articling students Bijan Bhimani and Romaine Baudemont. Thank you for helping to increase access to justice in the province!

The new clinic proved to be a perfect fit for Miller Thomson LLP’s Regina office. With a strong history of community involvement, and riding on the success of recently signing the Pro Bono Pledge, Miller Thomson’s managing partners were looking for a way to give back to the community in a way that only lawyers can – through pro bono legal services. What was especially exciting about this project was that the entire firm was on board, and it was clear that this was not simply a project that would be passed on to the junior associates. In fact, the first people to sign up as volunteers were some of the firm’s partners - Stewart Berringer, Peter Bergbusch and Jeff Grubb QC. We were so excited to have such a high level of support from the firm’s senior group.

Jenelle Knaus, Cheryl Mandziak & Jan Whitridge

The Regina Small Claims Clinic operates two times a month, with lawyer volunteers seeing 3-5 pre-screened clients each clinic with various small claims matters. The lawyers provide summary advice only, which can include a variety of advice from explaining how evidence is presented at trial to preparing a statement of claim. The clinic will operate on a one year trial, with PBLS and the court assessing its success and viability as a permanent clinic at the end of the trial period. The Regina Small Claims Clinic is modelled after similar clinics in Calgary and Toronto. Run by Pro Bono Law Alberta and Pro Bono 18 BarNotes / Summer 2014

Kevin Miller & Brian Lunde (Summer Student)

NATIONAL NEWS Highlights from the Association The CBA steps in

Recent submissions and interventions

Five key questions to ask before joining a board

The CBA’s Legislation and Law Reform team has had a busy spring, including an intervention at the Supreme Court on Proceeds of Crime legislation, several appearances before Commons and Senate committees, and submissions on proposed changes to the Canada Business Corporations Act, among others.

Sitting on a board can be a great way to gild your CV and add a little cash to your income stream. But caveat director (bad Latin intended) – it could also be an enormously frustrating waste of time and energy. Julie Sobowale offers up some tips for questions to ask before accepting invitations to sit on boards – not surprisingly, the more due diligence you do, the better.

What we’ve been doing: • Money-Laundering • Strengthening the Citizenship Act • Mandatory reporting standards • Geographic price discrimination • Canada Business Corporations Act consultation closed • Bill C-13, Protecting Canadians from Online Crime Act In the Interests of Children: Response to Bill C-560 • Bill C-31 Visit http://bit.ly/CBAstepsin for more details!

The CBA asks the big questions End-of-life working group

End-of-life decisions, and the when, and the how, and the legality of making them, have resurfaced in the zeitgeist with the passage of a law in Quebec and the Supreme Court’s decision to revisit its 20-year-old Rodriguez decision. In the wake of a panel discussion at the 2014 Mid-Winter meeting, the CBA has established an end-of-life working group, which wants to know where you think the CBA should stand on the issue. Learn more: http://bit.ly/CBAendoflife Watch the CBA Panel Discussion: http://bit.ly/CBApanel

Learn more: http://bit.ly/CBA5keyQs

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Summer 2014 / BarNotes 19

POSTCARD FROM A LAWYER Vacation Envy: the motivation to make my trip happen Elizabeth Ulmer McKercher LLP In March I overheard a coworker of mine discussing his upcoming trip to Iceland, and that was it. I wanted to go on a vacation too. I went online and wouldn’t you know it, Air Canada was having a seat sale to Europe, London specifically. It’s important to admit that I have extended family in London including my older sister. It’s a relatively easy place for me to start a trip so my decision was made (after I cleared it with my principle of course!). I didn’t give myself very much time to plan let alone convince anyone to come with me, but for some reason fate was on my side. A close friend just happened to be headed to a conference in Berlin around the same time and asked would I like to go to Paris for a few days – yes please. We were unbelievably lucky as the weather was perfect and the food was even better. We mastered the Metro and walked everywhere else. One thing I will say, there’s something to be said for the tourists who shed all traces of dignity and wear giant cushy runners. The cobblestones were murder on my feet and the blister situation got a bit dicey at times. We hit most of the main tourist attractions, but best parts were the happy accidents - things like random cafes and bakeries, and sitting by the Seine with bread while trying to look like locals. My greatest triumph was when a Frenchwoman asked me (in French!) whether or not a particular train went to Gare du Nord, which I was able to confirm. Thank you Duolingo language app! We also spent a few days in London, a city I know quite well. I was thrilled to have the chance to show off my expertise and I only got us on the wrong trains twice, ok maybe three times. One of our best decisions was to take high tea at the Wallace Collection where I quickly became addicted to Victoria sponge cake. Thereafter my sister and I went to Scotland for a few days. Our

train left London from Kings Cross, so of course our first move was to get photos taken at Platform 9 ¾. There’s a Harry Potter gift shop there as well and I seriously contemplated spending about $45 on a wand. Five hours later we were in Edinburgh and I immediately fell in love. Walking through the Old Town was fantastic and I didn’t even mind the fog, in fact I almost preferred it. I tried haggis (surprisingly tasty) and of course some very fine local wines (aka Ale). I wish I could have stayed longer.

Standing on Platform 9 3/4 We headed back to London and I spent some time visiting various family members. I was able to head out on my own one afternoon to hit my favorite London landmark - Westminster Abby. The admission price is ridiculously high (almost $40), but I happily pay it. My trip ended with a showing of Gladiator at the Royal Albert Hall with the Philharmonic Orchestra and Chorus providing the music. It was absolutely one of the most amazing things I have ever experienced. Although I’m just beginning my legal career, I can see how easy it is to get caught up with work and put things like travelling off until things “aren’t so busy.” I’m quite convinced that time never comes, so it’s best not to let the opportunity slip by.

High Tea at the Wallace Connection 20 BarNotes / Summer 2014

Edinburgh Castle

APPOINTMENTS Appointments to the Saskatchewan Court of Queen’s Bench On June 13, The Honourable Donald H. Layh, with Layh & Associates in Langenburg, was appointed a judge of the Court of Queen’s Bench (Yorkton) to replace Madam Justice J.L.G. Pritchard, who elected to become a supernumerary judge as of June 2, 2013. Mr. Justice Layh received a Bachelor of Laws from the University of Saskatchewan in 1986. He was admitted to the Bar of Saskatchewan in 1987, the Bar of Manitoba in 1994 and was appointed Queen’s Counsel in 2005. Mr. Justice Layh practised with Robertson Stromberg in Saskatoon until 1994 before establishing Layh & Associates in Langenburg and, later, an office in Russell, Manitoba. He developed a broad general practice providing specialized advice in the area of debtor-creditor and personal property law, as well as bankruptcy and insolvency law. Mr. Justice Layh has served as the Chairperson of the Saskatchewan Law Reform Commission since 2010. He has also served as an instructor of the Bar Admission Course and as an associate professor at the College of Law, University of Saskatchewan. He is the author of numerous legal articles and of two textbooks, including The Saskatchewan Farm Security

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Act: History, Commentary and Case Law and The Enforcement of Money Judgements Act: Analysis and Commentary. Mr. Justice Layh has been active in various community organizations. He is the founder of the Family and Friends Community Foundation Inc. and has served as chairperson and board member of the Germania Mutual Insurance Company since 1999. On May 12, The Honourable Darryl J. Brown, a lawyer with the Saskatchewan Ministry of Justice in Regina, was appointed a judge of the Court of Queen’s Bench of Saskatchewan, Family Division, to replace Mr. Justice D.E.W. McIntyre (Regina), who elected to become a supernumerary judge as of February 2, 2014. Mr. Justice Brown received a Bachelor of Laws from the University of Saskatchewan in 1988 and was admitted to the Bar of Saskatchewan in 1989. He began serving as Crown Counsel, Civil Law Division, for the Saskatchewan Ministry of Justice in 1989 and as coordinator of the Civil Litigation Section in 2008. His main area of practice was general civil litigation. Mr. Justice Brown served as a member of the Court of Queen’s Bench Rules Revision Committee from 2009 to 2011. He has been a speaker for the Saskatchewan Trial Lawyers’ Association and the Ministry of Justice. On April 11, The Honourable Gwendolyn V. Goebel, a lawyer with Robertson Stromberg in Saskatoon, was appointed a judge of the Court of Queen’s Bench of Saskatchewan (Family Law Division) to replace Madam Justice J.A. Ryan-Froslie (Saskatoon), who was appointed to the Court of Appeal for Saskatchewan on November 7, 2013. Madam Justice Goebel received a Bachelor of Arts from the University of Regina in 1989 and a Bachelor or Laws from the University of Saskatchewan in 1993. She was admitted to the Bar of Saskatchewan in 1994 and joined the law firm of Robertson Stromberg. Her main practice focus was family law and collaborative family law, and this expertise has been recognized by several publications, including Best Lawyers in Canada and LexisNexis Martindale Hubbell peer review. Madam Justice Goebel has represented the Saskatchewan Branch of the Canadian Bar Association, Family Law National Section, since 2008 and served as a board member of the Collaborative Lawyers of Saskatchewan since 2009. She has published articles on family law issues and been a frequent conference speaker.

Continued on Page 22...

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Summer 2014 / BarNotes 21

APPOINTMENTS Continued from Page 21...

Appointments to the Provincial Court of Saskatchewan On March 28, The Government of Saskatchewan announced the appointment of Lane Wiegers as a judge to the Provincial Court in Estevan. Judge Wiegers graduated from the College of Law at the University of Saskatchewan and was called to the Bar in 1992. Since then, he has spent most of his career with the Ministry of Justice in Regina, first as a Crown Prosecutor, then as a Senior Crown Prosecutor. In 2011, he was appointed Director of Prosecutors for the province. During his career, he has appeared at all levels of court. Judge Wiegers has been involved in many professional associations and community activities. He has a particular interest in refugee and immigration matters, which is evident through his involvement in Pro Bono Law and the Regina Open Door Society.

APPOINTMENTS Judge Wiegers replaces Judge Karl Bazin, who transfered to the Provincial Court in Swift Current. March 28, The Government of Saskatchewan announced the appointment of Byron Wright as a judge to the Provincial Court in Saskatoon. Judge Wright graduated from the College of Law at the University of Saskatchewan and was called to the Bar in 1987. For several years, he worked in private law firms with a focus on civil, criminal and family law litigation. In 1998, he joined the public service as a Prosecutor in Saskatoon with the Public Prosecution Service of Canada. During that time, he also served in senior leadership roles, including Associate Chief Federal Prosecutor for Saskatchewan for the past six years. Judge Wright has also been an executive member of the Saskatoon Bar Association and has served on the Board of Directors for the Persephone Theatre. Judge Wright replaced Marty Irwin, who retired.

2014 - 2015 Section Registration is now open! Sign up now! The 2014-2015 Section Registration & Program Handbook is enclosed with this copy of BarNotes. Online registration is now available for those wising to pay by credit card. Visit the “Sections” page on our website for Meeting details, Fees and to register! Remember, Sections qualify as an “Accredited CPD Activity” under The Law Society of Saskatchewan’s Continuing Professional Development Policy. All tentative dates are outlined on the corresponding Section page, under “Dates & Topics”. Please note that meeting dates and topics can change. A list of upcoming section meetings will be posted on the CBA Saskatchewan website in the Section Calendar. Prior to each meeting a notice confirming the date, topic, speaker, and location will be sent to those registered in the section. The first meeting of the year is open to non-CBA members, upon payment of the Attendance Fee. We encourage you to spread the word and bring a buddy! Registrations for the remaining meetings will be accepted from CBA members only, with the exception of paralegals, legal assistants, law office administrators, and special guests. Choose from over 30 sections, including the recently launched Research Law section: ABORIGINAL LAW • ADMINISTRATIVE & LABOUR LAW • ALTERNATE DISPUTE RESOLUTION • ARTICLING STUDENTS • BANKRUPTCY & INSOLVENCY • BUSINESS LAW • CANADIAN CORPORATE COUNSEL • CIVIL LITIGATION • CRIMINAL JUSTICE • ENVIRONMENTAL & RESOURCES LAW • FAMILY LAW • IMMIGRATON LAW • PRIVACY & ACCESS LAW • PUBLIC SECTOR & MUNICIPAL LAW • REAL PROPERTY • REAL PROPERTY & WILLS • RESEARCH LAW • SECURITIES LAW • SEXUAL ORIENTATION & GENDER IDENTITY • TAXATION LAW • WILLS ESTATE & ELDER LAW • WOMEN LAWYERS FORUM • YOUNG LAWYERS

22 BarNotes / Summer 2014

Calendar of Events August 7, 2014 Executive Committee Meeting Conference Call August 15, 2014 CBA Board of Directors St. John’s, NL August 16-17, 2014 CBA Annual Meeting of Council St. John’s, NL August 17-19, 2014 CBA CANADIAN LEGAL CONFERENCE St. John’s, NL August 19, 2014 CBA Board of Directors St. John’s, NL September 11, 2014 Executive Committee Meeting Conference Call September 15, 2014 NOMINATION DEADLINE: CBA QC September 16, 2014 Wine & Cheese at College of Law Saskatoon September 25-26, 2014 National Pro Bono Conference: Justice4All Regina October 1, 2014 CBA President’s Dinner Regina October 2, 2014 Executive Committee Meeting Regina October 2, 2014 Council Regina October 23, 2014 Mentorship “Meet Your Match” Reception Saskatoon October 24, 2014 Recognition Dinner: Chief Judge Snell Regina November 17, 2014 NOMINATION DEADLINE: DISTINGUISHED SERVICE AWARD November 13, 2014 Executive Committee Meeting Conference Call November 27, 2014 CBA Board of Directors Conference Call December 11, 2014 Executive Committee Meeting Conference Call December 15, 2014 NOMINATION DEADLINE: TREASURER & MEMBERS OF COUNCIL

Have you changed office locations or have a new job? If so, please advise CBA Saskatchewan so we can update our records. All changes should be sent to info@cbasask.org. Written changes may be sent to: CBA Saskatchewan, 306, 105-21st Street East, Saskatoon, SK, S7K 0B3. Updated addresses are needed for our National Database and Legal Directory & Day Planner publication.

Lawyers Concerned for Lawyers here for you when you need it.

Lawyers Concerned for Lawyers Inc. is a non-profit corporation comprised of Saskatchewan lawyers and judges advocating for those within the legal profession who may be experiencing professional or personal stresses or difficulties. Professional and confidential assistance is available to law students and Law Society of Saskatchewan members and their families whose lives are impacted by personal or professional problems. Assistance is provided at no cost to all those who qualify for the program.

CBA Financial ................................................................ 5

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Summer 2014 / BarNotes 23

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