36
Inside President's Column 2 Executive Director's Column 3 Best Practices and Pro Bono 4 Section Talk 5 Practice Talk 7 Legislative Update 9 Q&A: The New Police Complaint Commissioner 19 Community Service Awards 2003 20 Executive Committee 2003/2004 23 Family Law Pilot Projects 27 CBABC Web site 28 Nothing Official 29 Golf Tournament 30 Battle of the Bar Bands 31 CLE 33 Law Foundation of B.C. 34 Classified Ads 36 Member Services 3 6 BarTa/k Publication Sales Agreement #40741008 The Canadian Bar Association British Columbia Canadian Bar Association, B.C. Branch If it did not exist, it would have to be created n the May-June edition of t he Benchers' Bulletin, Law Society President Howard Berge, QC, describes " ... the precipitous decline of the common law and of the in- dependence of the legal profession." President Berge then references the developing situation in Australia, observing that in New South Wales the government has recently given the 18,000 member Law Society until July, 2004 to separate its regulatory and member services functions. President Berge notes that in Queens- land, the State Government has moved to trans- fer the Law Society's investigatory and prosecu- torial role in lawyer discipline to a newly created Legal Services Commission. As President Berge puts it, "All of this speaks to the need for Law Societies to behave in a man- ner beyond reproach and to defend the principle of self-regulation with conviction and integrity. Without question, our work as a Law Society must be shown as serving the public interest - our primary statutory mandate- and not our own interest as lawyers. This is fundamental to preserving public confidence in professional self-regulation." In British Columbia, the members of the Law So- ciety acted long ago to recognize and deal effec- tively with the dilemma . On January 1, 1948 all members of the Law Society of British Columbia were enrolled as members of the Canadian Bar Association. Alfred Watts, QC, records the fur- ther evolution of this relationship in hi s book "History of the Legal Profession in British Co- lumbia 1869-1984", at page 23: " ... C.C. Locke, QC, a Bencher, later President of the CBABC, later Treasurer and now Mr. Justice Locke presented a very comprehensive letter on the future of the Society to the then Treasur er, C.D. McQuarrie, QC, dated November 23, 1967, sugge s ting a delineation of responsibility be- tween the Law Society and the local section of the Canadian Bar Association -a sentiment which wa s similarly expressed by the retiring President of the Vancouver Bar Association, J.D. Taggart, QC, now Mr. Justice Taggart. The sug- gestions of Locke and Taggart were canvassed at special meetings of the Benchers and it was decided that certain non-statutory duties should be passed to some other body, and while possible new organizations were considered the B. C. Branch became the recipient commencing with the responsibility for law reform and con- tinuing legal education in 1968." Mr. Watts concluded that as a result the Law Society enhanced its overall capability and, in promoting the effectiveness of the B. C. Branch, produced a better-rounded profession on both a provincial and national basis. The primary mandate for the Canadian Bar As- sociation was and continues to be "lawyers for lawyers." What is clear from the developing international debate is that there is a move toward the divi- sion of functions now being mandated to the Law Society of New South Wales. We can be proud that B. C. lawyers recognized so long ago the importance of a division of responsibilities between the Law Society of B. C. and the Cana- dian Bar Association, allowing both organiza- tions to effectively fulfil their respective man- dates. www.bccba.org

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Page 1: BarTalk | August 2003

\~

Inside President's Column 2

Executive Director's Column 3

Best Practices and Pro Bono 4

Section Talk 5

Practice Talk 7

Legislative Update 9

Q&A: The New Police Complaint Commissioner 19

Community Service Awards 2003 20

Executive Committee 2003/2004 23

Family Law Pilot Projects 27

CBABC Web site 28

Nothing Official 29

Golf Tournament 30

Battle of the Bar Bands 31

CLE 33

Law Foundation of B.C. 34

Classified Ads 36

Member Services 3 6

BarTa/k Publication Sales

Agreement #40741008

The Canadian

Bar Association British Columbia Canadian Bar Association, B.C. Branch If it did not exist, it would have to be created

n the May-June edition of the Benchers' Bulletin, Law Society President Howard Berge, QC, describes " ... the precipitous decline of the common law and of the in-dependence of the legal profession."

President Berge then references the developing situation in Australia, observing that in New South Wales the government has recently given the 18,000 member Law Society until July, 2004 to separate its regulatory and member services functions. President Berge notes that in Queens­land, the State Government has moved to trans­fer the Law Society's investigatory and prosecu­torial role in lawyer discipline to a newly created Legal Services Commission.

As President Berge puts it, "All of this speaks to the need for Law Societies to behave in a man­ner beyond reproach and to defend the principle of self-regulation with conviction and integrity. Without question, our work as a Law Society must be shown as serving the public interest -our primary statutory mandate- and not our own interest as lawyers. This is fundamental to preserving public confidence in professional self-regulation."

In British Columbia, the members of the Law So­ciety acted long ago to recognize and deal effec­tively with the dilemma. On January 1, 1948 all members of the Law Society of British Columbia were enrolled as members of the Canadian Bar Association. Alfred Watts, QC, records the fur­ther evolution of this relationship in his book "History of the Legal Profession in British Co­lumbia 1869-1984", at page 23:

" ... C.C. Locke, QC, a Bencher, later President of the CBABC, later Treasurer and now Mr. Justice Locke presented a very comprehensive letter on

the future of the Society to the then Treasurer, C.D. McQuarrie, QC, dated November 23, 1967, suggesting a delineation of responsibility be­tween the Law Society and the local section of the Canadian Bar Association - a sentiment which was similarly expressed by the retiring President of the Vancouver Bar Association, J.D. Taggart, QC, now Mr. Justice Taggart. The sug­gestions of Locke and Taggart were canvassed at special meetings of the Benchers and it was decided that certain non-statutory duties should be passed to some other body, and while possible new organizations were considered the B.C. Branch became the recipient commencing with the responsibility for law reform and con­tinuing legal education in 1968."

Mr. Watts concluded that as a result the Law Society enhanced its overall capability and, in promoting the effectiveness of the B.C. Branch, produced a better-rounded profession on both a provincial and national basis.

The primary mandate for the Canadian Bar As­sociation was and continues to be "lawyers for lawyers."

What is clear from the developing international debate is that there is a move toward the divi­sion of functions now being mandated to the Law Society of New South Wales. We can be proud that B.C. lawyers recognized so long ago the importance of a division of responsibilities between the Law Society of B.C. and the Cana­dian Bar Association, allowing both organiza­tions to effectively fulfil their respective man­dates. •

www.bccba.org

Page 2: BarTalk | August 2003

President's Column

David A. Paul

President 2002/2003

B.C. Branch,

Canadian Bar Association

2

A Busy, Successful Term Looking back on my year as CBABC President

eflecting back on my year as Pres­ident, I have come to appreciate two things: the value of a unified and strong voice for our profes­sion; and the hard work of our

volunteers and staff. I have witnessed first hand the dedication of our many volunteers. I know that it is because of their collective com­mitment, energy, and talent, that the CBA has continued as a respected voice on both the pro­vincial and national stages.

Thanks to our volunteers, our successes during the past year have been many. They include:

Improved Relationships with Partners in the Justice System: Over the past year the Cana­dian Bar Association has developed stronger working relationships with a number of its partners in the justice system including the Law Society of B.C., the Trial Lawyers Associ­ation of B.C., the Vancouver Bar Association, the B.C. Law Institute, the law schools, the B.C. Courthouse Library Society, the Continuing Le­gal Education Society of B.C., the Lawyer's As­sistance Program, the Judiciary and the Minis­try of Attorney General.

Member Dispute Resolution Pilot Project: This project is now underway in Vancouver. Its goal is to assist our members with collegiality issues in circumstances where conflict arises between lawyers but where it is inappropriate to involve the Law Society. If successful, the program will be made available province-wide.

Defending the Judiciary: The CBABC has spoken out strongly in support of judicial in­dependence and its importance to a free and democratic society governed by the Rule of Law. Our efforts have been positively ac­knowledged by numerous members of the pub­lic, the profession, and the judiciary.

Probononet.ca: Pro Bono Law of B.C. (a joint project of the CBABC and the Law Society) was formed in April 2002 to promote, coordi­nate and facilitate the delivery of pro bono legal services in B.C. It is a not-for-profit society,

funded by the Law Foundation of B.C., that helps community groups throughout the prov­ince link up (through a Web site) with lawyers who want to volunteer their time and exper­tise.

Conveyancing Protocol: The CBABC and the Law Society have worked together to reform conveyancing practice in B.C. As a result, new recommended standard undertakings have been put in place for lawyers to adopt in their conveyancing practice.

Women Lawyers Forum: The B.C. Women Lawyers Forum was created to support and recognize women lawyers in their practice in B.C. and also to explore the formation of a national Women's Forum.

Electronic Directory: This year, for the first time, the CBABC introduced the CBABC Law­yer's Directory in CD-ROM format. The CD­ROM allowed Directory purchasers to search for a lawyer by name, location, preferred area of practice, and language. Preliminary consul­tations with the national office have resulted in a project to produce the Directory in Web­based format in the coming year.

President's Forum: This year's Forum, Strate­gies for Developing a Successful and Profitable Practice, came about as a result of the CBABC's commitment to help its members with the busi­ness side of practising law. The presenters were chosen for their experience working with the legal profession, and included managing partners, members of small and large firms, and leaders of firms which offer services to the legal profession. Darcy Rezac, Managing Di­rector of the Vancouver Board of Trade, was the keynote speaker and spoke on networking.

Thank you to all the volunteers who helped make the past year a success . Much thanks also to my hardworking Executive and to all of the CBABC staff whom I have had the pleasure of serving and working with over the past year. •

BarTalk Vol. 15/No. 4

Page 3: BarTalk | August 2003

Executive Director's Column

Are You Involved? CBA offers new opportunities for participation

e at the CBABC have heard from our members about their desire for more oppor­tunities to be involved in the activities at CBABC. We are

taking a number of initiatives to that end.

First, this coming year, we will offer emolment in five Sections at no cost to law students and articled students. We firmly believe that there is real value in offering opportunities to young lawyers to become involved in Sections, not only from an educational point of view, but also for the opportunities for networking and possibly mentorship.

Secondly, intermediate members, that is, those lawyers who are called less than five years, will receive one free Section when they have emolled in and paid for one Section. If they en­rol in three or more Sections, they will be enti­tled to a total of two free emolments. All other CBA members will continue to receive one free Section emolment when they emol in four or more Sections.

We are also looking at other opportunities that will make Sections more accessible to members outside the Lower Mainland. I hope to be able to introduce some of those plans in the coming months.

There are two other exciting developments that I would like to report to you. On June 21, 2003 at the Provincial Council Meeting, Council ap­proved the creation of an Elder Law Section for B.C. You may already know that there is a cor­responding national Elder Law Section. Mem­bers emolled in the CBABC Elder Law Section will automatically become a member of the na­tional Section.

The purpose of this Section is to improve the law affecting seniors and to educate the public, the bar, the Judiciary and members of the Asso­ciation on important Elder Law issues. It is ex­pected that at the regular monthly meetings, topics such as age discrimination, care facility

August 2003

regulation, elder abuse and exploitation, medi­cal and housing issues and ethical and practi­cal aspects of advising the older client will be discussed. With a progressively aging popula­tion, the creation of this Section appears timely indeed.

Finally, I can also report to you that at its June meeting, CBABC Provincial Council created the Women Lawyers Forum. This is a Provin­cial Conference created under our bylaws with a broad mandate to promote and support the enhancement of the stature and influence of women in the legal profession. The Constitu­tion adopted for the Forum sets out a number of objects, including:

• To develop business and professional confidence for women in the practice oflaw, including private practice, public service and in-house counsel and in community leadership;

• To promote a forum for networking, education, mentoring and resource/ educational support for women in the legal profession;

• To liaise and share resources with other legal jurisdictions, women in the judiciary, other professions and organizations; and

• To pursue the formation of a national CBA Women Lawyers Forum.

The full text of the Constitution of the Women Lawyers Forum can be found on our Web site (www.bccba.org) in the Newsroom.

Members wishing to become members of the Forum may do so by completing that portion of the Section enrolment form which has been mailed to each of you.

We see these initiatives as part of our ongoing commitment to respond to the needs of our members. We expect there will be even more in thefuture. •

Frank Kraemer

Executive Director

B.C. Branch,

Canadian Bar Association

Once is never enough!

If you have changed firms,

changed addresses, have a

new e-mail address or

phone/fax number, you need

to let us know. Letting the

Law Society in on the secret

is not enough!

Contact us at

[email protected], phone 604-

687-3404 or fax 604-669-

960 I. (Toil free options:

phone 1-888-687-3404 or

fax 1-877-669-960 I) .

3

Page 4: BarTalk | August 2003

Guest Column

Kelly Doyle

Kelly Doyle is a partner with

Lawson Lundell, a director

of Pro Bono Law of B.C.

and a volunteer lawyer with

the Salvation Army Pro

Bono Lawyer Consultant

Program.

4

Best Practices and Pro Bono

any members of the legal pro­fession have given generous­ly of their time to disadvan­taged people with no expectation of compensation

or reward. Such endeavours for the public good are rooted in the finest traditions of our profession. Those who have training and expe­rience in the mysteries of the justice system make it understandable and accessible to those who would otherwise be denied access to jus­tice. Justice becomes a meaningful reality rath­er than an unfulfilled desire.

The provision of pro bono services is not intend­ed to evoke images of tired lawyers wearily dol­ing out advice at the end of

itating and coordinating opportunities for B.C. lawyers to provide pro bono legal services to people of limited means and by supporting programs delivering pro bono services. Pro Bono Law of B.C. has in tum developed a doc­ument entitled "Best Practices Protocols for Pro Bono Delivery Programs in British Columbia." "Best Practices" can be accessed online at www.probononet.bc.ca or by contacting Pat Pitsula, Executive Director of Pro Bono Law of B.C., at [email protected].

The purpose of the document is to provide a set of best practices for pro bono delivery pro­grams and for lawyers volunteering their serv­ices through a pro bono delivery program. The

best practices include pro a busy day. Rather, it is more in the tradition of An- "Pro bono is the legal con-

bono program principles, service delivery principles and client relations princi­ples. Issues relating to pro­gram staff, program volun­teers and relationships

gelo Branca, a former Chief Justice of B.C., who as a busy practitioner is reputed to have seen a procession of needy and indigent clients on Saturday mornings and

science in motion." - June Callwood, at a recent Law Society of Upper Canada sym-posium.

applied his penetrating intellect and substan­tial abilities to their benefit. Indeed, author June Callwood at a recent Law Society of Upper Canada symposium on "Access to Justice for a New Century: The Way Forward" called pro bono the legal conscience in motion. It is an en­lightened idealism: lawyers demonstrating em­pathy for the poor and disenfranchised and taking notice of another's misery.

Many lawyers desire to give of their time but prefer to set some boundaries. Unlike Angelo Branca, they find it desirable to leave adminis­tration to another and to provide pro bono serv­ices through a pro bono delivery program such as the Salvation Army, Western Canada Socie­ty to Access Justice, Multiple Sclerosis Society of Canada or South Surrey /White Rock Wom­en's Place.

The Law Society of B.C. and the CBABC formed a society, Pro Bono Law of B.C., in 2002 with funding from the Law Foundation of B.C. The intent was to promote access to justice by facil-

with other organizations are also reviewed.

"Best Practices" are intended to be informative and instructive and to build on the good work of existing delivery programs. They unlock the mysteries of pro bono delivery programs to members of the legal profession unfamiliar with such programs just as the goodwill and efforts of lawyers unlock the mysteries of the justice system to the disadvantaged. "Best Practices" are intended to be endorsed by pro bono delivery programs in connection with the enhanced insurance coverage available under the Law Society of B.C.'s policy for pro bono le­gal services. It is anticipated that lawyers pro­viding advice through pro bono delivery pro­grams will also be familiar with "Best Practices." In recognition that the demand for pro bono legal services will regrettably always exceed the supply of lawyer volunteers, "Best Practices" encourage the development of ac­tive, cooperative and collaborative relation­ships with members of the bar and other deliv­ery programs. This too is for the public good . •

BarTalk Vol. 15/No. 4

Page 5: BarTalk | August 2003

Shelley Bentley

Shelley Bentley is in private

practice at G. Davies &

Company.

August 2003

The CBABC sponsors 73 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting a given area of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activi­ties of some Sections.

ABORIGINAL LAW-VANCOUVER

The new First Nations Governance Act, Bill C-7, was introduced in the House of Commons in June, 2002, died on the Order Table and was reintroduced in the Fall of 2002. Cabinet agreed to send the Bill to a Parliamentary Com­mittee after the First Reading at which time a formal consultation process began that focused on: legal standing and authorities; leadership selection and voting rights; and ac­countability.

James Aldridge, QC, Co-Chair of a Joint Minis­terial Advisory Committee providing technical advice to the Minister of Indian Affairs and Northern Development in respect of Aborigi­nal governance, addressed Section members on the new Bill and treaty negotiation processes. He said there are a number of different proc­esses underway in Canada in which Aborigi­nals are negotiating agreements over various aspects of self-government. These processes vary according to their focus, e.g., an inherent right policy, a comprehensive land claims pol­icy, the First Nations Land Management Act, or a hybrid such as that developed in B.C. Mr. Aldridge commented that implicit in these processes is the idea that a range of solutions to the difficult issues raised by self-government is inevitable in a country such as Canada. These processes recognize that lasting solu­tions can only be found when each Aboriginal band is directly involved in designing and af­firming the details of its own self-government regime, and its ongoing relationship with the Government of Canada.

The basic underpinnings to the reform initia­tive were reflected in the Committee's instruc­tions that amendments introduced by the Bill must:

1. Not infringe existing Aboriginal or treaty rights;

2. Notal ter the fiduciary relationship between the Crown and Aboriginals;

3. Be consistent with the Canadian Charter of Rights and Freedoms, including section 25;

4. Maximize the ability of bands to determine their own governance regimes with basic rules of political and financial accountability to apply to all bands; and

5. Not impose requirements on bands that would be impossible for small bands with few resources or capacity.

CRIMINAL JUSTICE-VANCOUVER

B.C. lawyers involved in human rights legal work overseas described their experiences at a recent meeting.

Vancouver criminal lawyer, Howard Rubin, spoke about his work as an observer at foreign trials and described opportunities for others to assist in this important area, as an accredited observer with Amnesty International or as a lawyer with "Lawyer's Rights Watch." He de­scribed a trial he attended in Singapore and noted how the attendance of foreign lawyers reporting their observations often has a chill­ing effect on some of the more outrageous as­pects of these proceedings. For example, Kar­pal Singh, a lawyer, was charged with sedition in Malaysia arising from his defence of former Deputy Prime Minister of Malaysia, Anwar Ib­rahim. Mr. Rubin explained that Mr. Singh had the "temerity" to complain about his client be­ing poisoned while in custody. Local authori­ties viewed this as an attack on the State and

Continued over

5

Page 6: BarTalk | August 2003

Section Talk

Section Enrolment 2003/2004

New Sections!

At the June 2 1, 2003

Provincial Council meeting,

the Elder Law Section was

approved. This brings the

number of CBABC Sections

to 73. The Women Lawyers

Forum is another addition

to Section enrolment this

year. Read Frank Kraemer's

article on page 3 to learn

more about these new ad­

ditions .

Section enrolment packages,

including a 2004 Directory

order form, have been

mailed to every CBABC

member. Keep up to date

on practice trends and new

developments in the law.

Last year 365 Section meet­

ings were held throughout

B.C. enabling members to

network with colleagues

and to discuss issues affect­

ing specific areas of practice.

Please contact the CBABC

if you have not received an

enrolment form for 2003/

2004.

Register today!

6

Section Talk Continued from page 5

charged him. A number of Vancouver lawyers were slated to attend the trial. It was ad­journed. Other Vancouver lawyers were scheduled to attend the rescheduled trial. The trial was adjourned again. The government later dropped the charges.

Dirk Ryneveld, QC, discussed his experiences at the International Criminal Tribunal for the former Yugoslavia at The Hague. Prior to his appointment in 1999 he was a senior Crown prosecutor in Victoria. The Tribunal was es­tablished to investigate and prosecute war crimes committed in Bosnia, Croatia and Kos­ovo. Mr. Ryneveld was the senior attorney for the Kosovo component of the trial of Slobodan Milosevic, former President of Yugoslavia and the Serbian Republic. See page 19 for a Q & A with Dirk Ryneveld, QC.

Vancouver Crown Prosecutor, Nicola Mahaffy worked from July 2001 until May 2002 in Kos­ovo under the UN mandate established by Se­curity Council Resolution 1244 - to provide humanitarian assistance, civil administration, democratization and reconstruction to Kos­ovo. The UN ran the country and justice sys­tem with near dictatorial powers until a local assembly was elected in November 2001. Until then Ms. Mahaffy worked in the department of Public Services assisting in the reconstruction of birth and death registries after the mass de­struction of records following the Serbian occu­pation and the subsequent war with NATO. After the assembly elections she joined a team

of lawyers and police officers in the Interna­tional prosecuting office.

PENSION & BENEFITS AND CORPORATE COUNSEL (Joint meeting)

Debra Sing, QC, a partner with Borden Ladner Gervais, and Scott Murtha, manager of the tax department at PricewaterhouseCoopers, Van­couver, spoke to Section members about recent changes in compensation and employee bene­fits. Their presentation topics included: execu­tive compensation; removing post retirement benefit liability from the balance sheet; retire­ment compensation for executives over and above the Income Tax Act maximums; pension plan governance issues; pensions issues in a transactional context; and privacy rights in the pension and benefits context.

Changes in executive compensation have stemmed from poor investment returns and the new breed of institutional investor that is be­coming active in protecting the rights of the shareholder. One of the main targets of share­holder activism is executive compensation. This has led to a shift away from stock options to- f ward other forms of remuneration. The shift is a result of investors becoming the victims of misleading financial statements where those with inside knowledge "cash out" before the real financial picture becomes public. Alterna­tives to stock options include forms of "direct share ownership" such as stock grants, share appreciation rights plans, phantom stock plans and deferred stock units, all of which align the financial interests of the directors with share­holders more closely than stock options. •

Branch and Bar Calendar August - October 2003 August 11-22 August 16-1 7 August 17-19 August 17-19

September 9

September 19 September 20 October 2 October 14

Restorative Justice Summer Training Institute (New Westminster) National Council Meeting (Montreal, P.Q.) CBA Annual Meeting (Montreal, P.Q.) CCCA 15th Annual Meeting, 'The Evolving Role of Corporate Counsel: Enhancing Your Business Skills" (Montreal, P.Q.) New Westminster Bar Association's Annual Bench & Bar Meeting (Westminster Club, 713 Columbia St., New Westminster, 5:30 p.m. Cocktails, 6:30 p.m. Dinner. RSVP: Kenneth Armstrong at 604-523-7096) Law Society of B.C. Annual General Meeting Provincial Council Meeting (Delta Airport Hotel, 9:00 a.m.) UBC Mentor Reception (Cecil Green Park House, 6251 Cecil Geen Park Road) New Westminster Bar Association Meeting (Westminster Club, 713 Columbia St., New Westminster, 5:30 p.m. Cocktails, 6:30 p.m. Dinner. RSVP: Kenneth Armstrong at 604-523-7096)

To announce an upcoming event or meeting in the Branch and Bar Calendar, please contact Sandra Webb at 604-687-3404, or toll free 1-888-687-3404 (e-mail [email protected]).

BarTalk Vol. 15/No. 4

Page 7: BarTalk | August 2003

David j. Bilinsky is the

Practice Management

Advisor at the Law Society

of British Columbia. He can

be reached on the Internet

at [email protected].

The views expressed herein

are strictly those of the

author and may not be

shared by the Law Society

of British Columbia.

August 2003

A Brief on Legal Software Packages Finding the one you can't be without!

}l Can't wait to live my life with you, can't wait to start

You and I will never be apart My dreams came true because of you... }l Words and Music by Shania Twain and Mutt

Lange, recorded by Shania Twain

trange thing about software packag­es - they generate a whole range of emotions with lawyers - everything from: "Get this out of my sight -now!" to: "I wouldn't know how to

run my practice without it." Fortunately, legal software has settled in to the point where law­yers openly discuss their favourite applica­tions, their new applications, and a handful of utilities that they would not be without. This is not to say that any one package is for everyone -but trends are becoming clearer. Accordingly, in a very unscientific manner, here are my im­pressions after talking to many lawyers over the last four-plus years regarding their favour­ite legal software applications:

Word Processing: MS Word is the most in­stalled word processing system in larger firms and corporate departments. WordPerfect is generally used in smaller firms. Alternatives to these two powerhouses are the Star Office Sys­tem (Linux and Unix based) and Mac/OS X based systems.

Spreadsheets: MS Excel and Corel's Quattro Pro are the two major applications.

E-mail: MS Outlook is the favourite, followed by Group Wise.

Practice Management Software: Amicus At­torney is the favourite, followed by ESI-LA W and PCLA W (accounting systems with practice management components) and Legal Files.

LawStream (formerly Integra Office System) and Pro Law are two systems making inroads.

Accounting Systems: Here it depends on the size of firm. Larger firms are using CMS and Elite. Smaller firms are using PCLaw and ESI­LA W. Up and coming accounting systems are LawStream (formerly Integra Office System) and Legal Vision. Quickbooks has a following in the solo area (but note that it currently lacks a trust accounting component).

Time & Billing Software: The big three are ESI-LAW, PCLaw and Timeslips . Practice Management software is increasingly being in­tegrated with accounting packages to give a user-friendlier interface to accomplish billable time tracking (e.g ., Amicus Attorney and PCLaw or ESI-LAW). Most accounting packag­es are starting to integrate time and billing into their systems (for example, Quickbooks Pro, Le­gal Vision, etc.)

Litigation Preparation and Evidence analy­sis: Summation, Livenote, Searchlight and MS Access are the favourites .

Litigation Strategy: CaseMap, NoteMap and TimeMap are the new litigation strategy appli­cations . Others are using Summation and Searchlight for these purposes.

Voice Recognition: Dragon's Naturally Speaking and IBM's Via Voice are the two front-runners.

Document Assembly: Here it depends on which practice area you are in. For general­purpose document assembly running across all practice areas, lawyers are using custom appli­cations, Hot Docs or merge/macro features in

Continued over

7

Page 8: BarTalk | August 2003

Practice Talk

Mock Trial To Highlight Benefits of Technology

The Pacific Legal Technolo­

'i:'/ Conference's Electronic

Trial Track will feature a

U.S. criminal lawyer facing

off against Mr. Richard

Fowler on the opposite side

of a criminal trial before Mr.

Justice Glen Parrett and a

jury of law students. This

mock trial will high light how

technolo'g;f can be used

during a trial opening, dur­

ing direct and cross-exami­

nation, and during a jury

summation. Following the

verdict, the judge, the jury,

and the lawyers will provide

feedback on the effective­

ness of the technolo'g;f in

the trial process.

8

Practice Talk Continued from poge 7

Word or WordPerfect. Amicus Assembly (GhostFill) is the up and coming document as­sembly package.

Document Management: Applications in common use are: Group Wise, Hummingbird's DOCS OPEN, iManage for larger firms and Worldox for smaller firms.

Specific Practice Area Software: When it comes to specific practice areas, CarsWARE's different packages (Real Estate, Corporate, Liens) are still widely used, notwithstanding that they have not been sold for several years and are no longer supported by Carswell. For family law files, DIVORCEmate and Support­Mate appear to be the favourites along with Childview. For real estate, ConveyMaster and custom-built systems are the favourites. For corporate records, ALF is the overall favourite (www.alfcentral.com/) along with custom ap­plications.

Anti-Virus: Norton Anti-Virus and McAfee are the leaders - closely followed by the increas­ingly popular Trend Micro solutions.

Anti-Spyware: Ad-Aware (www.lavasoftusa.com), and Spybot S&D (http:/ /security . kolla.de/ index.php?lang=en&page=start) are the up and comers.

Best upcoming application: Adobe Acrobat is the most promising new technology of late (www.adobe.com). Adobe's strengths are its ability to distribute documents regardless of the recipient's platform, printer, or system- it has become the de facto standard for transmission of electronic documents. Many pioneering e-filing systems have adopted Adobe as their required filing format. The ability to build in hypertext links to authorities, statutes, evidence and the like also have made Adobe the choice for e­briefs.

How do you find out more? The best way to see how lawyers are actually achieving practi­cal results by the application of technology to their practice is to come to the Pacific Legal

Technology Conference. There are many com­ponents to the conference; first and foremost are the educational sessions divided among six tracks. These educational sessions feature 18 hours of practical educational courses, on how lawyers, legal administrators, legal assistants, researchers and legal IT staff are using legal technology. These educational sessions have been designed to meet the major technology is­sues of lawyers throughout B.C. that were identified in a survey done by the Law Society of B.C. earlier this year. Sessions include: Soft­ware that Actually Helps you Make Money, Small Firm Makeover- Cost-Effective Solutions and Security Issues: Hackers, Crackers, Virus­es, Malware and More.

Exhibitors will present their services in the Ex­hibit Hall. Furthermore, certain exhibitors such as Searchlight, CaseSoft (CaseMap, TimeMap, NoteMap ), Summation, FOR Forensic Data Re­covery Services, Speakeasy Solutions (Dragon Dictate), CTEC Security Solutions and others will be providing presentations on their soft­ware and services during the Software Track. If you are interested in a particular applica­tion, you can book a private time with an ex­hibitor in a separate room set aside for exhibi­tor private sessions.

Keynote presentations will be held at the open­ing of the conference and during the sit-down lunch. The opening Keynote will be by Darcy Hammett, Director of Operations and Systems, Land Title Branch onE-Filing in the Land Reg­istry in B.C. There will be world-class present­ers including: Jeff Flax, National Technology and Litigation Support Administrator, Office of the U.S. Federal Public Defender, Denver, CO; Simon Chester, McMillan Binch, KNOWlaw Group, Toronto; Mary Williamson, Preston Gates & Ellis LLP, Seattle; and the Honourable Chief Justice Donald I. Brenner. Find out more at www. pacificlegaltech.com.

The Pacific Legal Technology Conference will be held Friday, November 7, 2003 at the Van­couver Trade and Convention Centre. Spon­sors of the Conference are the Law Society of B.C., the Trial Lawyers Association of B.C., the Canadian Bar Association, B.C. Branch and the American Bar Association - Law Practice Management Section. I hope to see you there finding the application of your dreams. •

Bar Talk Vol. I 5/No. 4

Page 9: BarTalk | August 2003

Stuart Rennie

Stuart Rennie is the CBABC

Legislation & Law Reform

Officer. He can be reached

at 604-949-1490 (e-mail

[email protected]).

Every effort is made to en­

sure the accuracy of the inf­

ormation provided to you in

this article but the informa­

tion should not be relied

upon. Lawyers should refer

to the specific legislative or

regulatory provision. You

will see a reference in some

cases to the number of the

Bill when it was introduced

in the House. This number

may be different from the

chapter number of the new

Act which is quoted after

the title of the Act and

which is the proper citation

for the Act. The Bill Number

has been given to you to

make it easier for you to

note up the Bills you may

have in your library.

August 2003

Additional detail on the Legislative Update can be found in the online issue of the August BarTalk, posted at www. bccba.org.

ACTS IN FORCE

Attorney General Statutes Amendment Act, 2002, s.B.C. 2002, c. 37 (Bill 46)

Summary: Section 3 amends the Offence Act to amend the definition of "ticketed amount. " Section 4 makes a consequential amendment to the Offence Act. Section 5 establishes rules of evidence for violation ticket hearings. Section 6 permits a person who has missed the time to dispute a violation ticket to apply to a justice. Section 7 is a consequential amendment. Sections 8, 9 and 11 are consequential amendments. Section 10 validates the current practice of having enforcement officers act as prosecutors. Section 12 permits regulations to be made regarding tickets and special rules of evidence for violation ticket hearings. Sections 14, 15 and 18 amend the Provincial Court Act. Section 14 is a consequential amendment. Section 15 specifies what matters are within the exclusive jurisdiction of a judge under the Act. Section 18 amends section 31 of the Provincial Court Act regarding procedures that a justice must follow if a matter outside the justice's jurisdiction arises in a hearing.

In Force: Section 3 in force January 1, 2004. Sections4to 12, 14,15 and 18inforceJuly 1,2003

College of Applied Biology Act, s .B.C. 2002, c. 68 (Bill 76)

Summary: Bill76 creates the College of Applied Biology to regulate the profession of applied biology.

In Force: Act in force June 20, 2003

Community Services Labour Relations Act, s.B.c. 2003, c. 27 (Bill61)

In Force: ActinforceJune20,2003, seeNewBills To Note

Forest (Revitalization) Amendment Act (No. 2), 2003, S.B.C. 2003, c. 31 (Bill45)

Summary: Section 6 amends the Forest Act regarding replaceable forest licences. Sections 7, 23 and 24 amend the Forest Act regarding the application of the amendments in Bill 45 to replaceable forest or tree farm licences.

In Force: Sections 6, 7, 23 and 24 are in force June 20, 2003

Forests Statutes Amendment Act, 2003, S.B.C. 2003, c. 32 (Bill27)

Summary: Section 1 amends the College of Applied Biology Act to add the College of Applied Biology to the list of governing bodies of professions or occupations to which the Freedom of Information and Protection of Privacy Act applies. Sections 2,3 to 10, 12, 14to 17, 19 to 22, 26 to 33, 34 and 35 amend the Forest Act. Section36amends the Forests Statutes Amendment Act, 2002 to repeal an obsolete not-in-force provision. Section 37 amends the Ministry of Forests Act. Section39 is a transitional provision respecting the Forest Act. Section 25 amends the Forest Act to provide that specified Crown timber is to be used in B.C.

In Force: Section 1 (College of Applied Biology Act) inforceJune20, 2003. Sections2, 3 to 10, 12, 14 to 17, 19 to 22, 26 to 33, 34, 35(Forest Act), section36 (Forests Statutes Amendment Act, 2002), section 37 (Ministry afForests Act) and section39 (transitional provision) in force June 20, 2003. Section25 (Forest Act) in force November 1, 2003

Continued over

9

Page 10: BarTalk | August 2003

Legislative Update

LAP

Lawyers Assistance Program

LAP provides confidential

support, counselling and

referrals for lawyers, their

families , support staff, judges

and students suffering from

alcohol and/or chemical

dependency, stress, depres­

sion or just about any type

of personal problem.

For assistance or informa­

tion on meetings and

resources please call

604-685-2171 or toll free

1-888-685-2171 .

The LAP office address is

41 5-1 080 Mainland Street,

Vancouver, B.C. V6B 2T4.

Visit LAP on the Internet at

www.lapbc.com

10

Legislative Update Continued from page 9

Foresters Act, s.B.C. 2003, c. 19 (BillS)

Summary: Sections 1 to 34 of Bill 5 repeal the Foresters Act and replace it with a statute which will regulate practice and standards for professional foresters and registered forest technologists. Sections 35 and 36 are consequential amendments and come into force

by future regulation.

In Force: Sections 1 to 34 are in force June 20,

2003

Hospital District Amendment Act, 2003, S.B.C. 2003, c. 20 (Bill25)

Summary: Bill33 amends the Hospital District Act including to: permit the boards of regional hospital districts to select directors or alternative directors; and to repeal specified provisions requiring the Minister to give approval.

In Force: Act in force May 29, 2003

Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48 (Bill 54)

Summary: Sections 40, 41 and 42 amend the Liquor Distribution Act. Section 40 adds new definitions. Section 41 expands the inspection powers and requirements to produce records. Section 42 coordinates provincial legislation with the federal government's proposed legislation respecting the licensing of tax­deferred warehouses and thepaymentoffederal

excise taxes on liquor.

In Force: Sections40,41 and42inforceApril24,

2003

Miscellaneous Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 37 (Bill66)

Summary: Among other things, Bill 66 repeals the Barbers Act and the Cosmetologists Act.

In Force: Barbers Act and the Cosmetologis ts Act repealed December 31, 2003

Miscellaneous Statutes Amendment Act, 2003, s.B.C. 2003, c. 7 (Billll)

Summary: Section 1 repeals the Agricultural Credit Act. Section 66 repeals the Veterinary Laboratory Act. Section 68 is a transitional provision regarding the repeal of the Agricultural Credit Act. Sections 10 to 16 amend the Emergency Program Act. Section 69 is a transitional provision respecting the Emergency Program Act.

In Force: Sections 1, 66 and 68 in force June 1, 2003. Sections 10 to 16 and 69 are in force June

20, 2003

Safety Authority Act, s.B.C. 2003, c. 38 (Bill

20)

Summary: Bill20 creates the British Columbia Safety Authority to administer safety standards

for B.C.

In Force: Act in force June 20, 2003

Traffic Safety Statutes Amendment Act, 1997, S.B.C. 1997, c. 43 (Bill41)

Summary: Section 48 amends the Court Rules Act to permit rules-in relation to the Provincial Court and the Supreme Court-to be made for mediation to be includedaspartofaproceeding and to govern theconductof,andall procedures relating to, the mediation.

In Force: Section 48 in force April28, 2003, see

Regulations to Note

Transportation Statutes Amendment ( Act, 2003, S.B.C. 2003, c. 45 (Bill64)

Summary: Section 1 amends the Company Act to

BarTalk Vol. 15/No. 4

Page 11: BarTalk | August 2003

eliminate the authority to make regulations respecting the registration of mortgage deeds, as a result of the Railway Act provision being repealed by Bill64. Section2 amends the Highway Act to specify that snowmobile trails are not public highways. Sections 6 to 31 amend the Railway Act to remove obsolete and unnecessary provisions.

In Force: Sections 1, 2 and 6 to 31 in force June 20, 2003

REGULATIONS TO NOTE

Court Rules Act, amends Supreme Court Rules (B.C. Reg. 221/90),includingtoaddnew rules: Rule 37 A (Offers of Settlement) and Rule 67 (Fax Filing Pilot Project Rule) (B.C. Reg. 198/2003 effective July 1, 2003). Also amended are the Small Claims Rules (B.C. Reg. 261 /93), to add a newRule7.2requiringmediationincasesexcept those involving specified disputed claims (B.C. Reg. 172/2003 effective April28, 2003) .

NEW BILLS TO NOTE

Information is current at the time of preparing this column: July 7, 2003. Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.

Administrative Tribunals Appoint­ment and Administration Act (Bill 68)

Amended: Consequential amendments are made to 29 statutes

Transitional Provisions: Specified statutes

Statutes Repealed: None

Summary: As part of the government's Ad­ministrative Justice Project, Bill 68 provides that chairs and members of specified adminis­trative tribunals may be appointed, after a merit based process, to hold office for specified terms.

In Force: By regulation

Advanced Education Statutes Amendment Act, 2003 (Bill35)

August 2003

Amended: 17 statutes are amended

Transitional Provisions: Specified statutes

Summary: Bill 35 amends 17 statutes includ­ing amendments respecting the future repeal of the Open Learning Agency Act.

In Force: By regulation

Agriculture, Food And Fisheries Statutes Amendment Act, 2003 (Bill 48)

Amended: Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131; and Local Gov­

ernment Act, R.S.B.C. 1996, c. 323

Summary: Bill 48 amends the Farm Practices Protection (Right to Farm) Act and the Local Gov­ernment Act respecting Crown land and farming areas.

In Force: On Royal Assent

Business Corporations Amendment Act, 2003 (Bill60)

Amended: Business Corporations Act, S.B.C. 2002, c. 57. Consequential amendments are made to 97 statutes

Transitional Provisions: None

Statutes Repealed: Supplement to the Company Act, R.S.B.C. 1996, c. 62; Company Clauses Act, R.S.B.C. 1996, c. 63; and Supplement to the Com­pany Clauses Act, R.S.B.C. 1996, c. 63

Summary: Bill 60 amends the Business Corpo­rations Act including provisions respecting: dis­tribution of records; formation of companies; corporate names; transfer of registered office by agents; authorized share structure; permitting a company to declare dividends; permitting a company to acquire its own shares, other than by purchase or redemption, if and to the extent provided for in its articles; barring a company from closing its central securities register; clari-

Continued over

Legislative Update

Practice Direction: Fax Filing Pilot Project

On July I, 2003, the new

Fax Filing Rule (Rule 67)

came into effect. It governs

how documents may be de­

livered to the registry by fax

for the purposes of filing.

The designated fax num­

bers for the registries to

which Rule 67 applies, are

posted at www.bccba.org in

the Lawyer Lounge, see

"Supreme Court of British

Columbia I Notices, Prac­

tice Directions and Sched­

ules ."

This practice direction is

effective from July I, 2003

to July I, 2004.

I I

Page 12: BarTalk | August 2003

12

Legislative Update

Legislative Update Continued from page I I

fying that no instrument of transfer is required when a company acquires shares by redemp­tion; dissent proceedings or compulsory acqui­sition in accordance with the Act; directors and management; dissent proceedings; company alterations; including alteration to a compa­ny's articles; amalgamations; arrangements and court orders; liquidation, dissolution and restoration; voluntary liquidation; liquidators; records of dissolved companies; restoration; post-restoration transition for pre-existing com­panies; extra-provincial companies; and ad­

ministration.

In Force: By regulation

Business Number Act (Bill36)

Amended: Consequential amendments made

to 3 statutes

Summary: Bill36 provides for the adoption of a business number as a common business identifier for B.C. businesses.

In Force: By regulation

Commercial Appeals Commission Repeal Act (Bill 70)

Ame-nded: Consequential amendments made

to 21 statutes

Transitional Provisions: Specified statutes

Statutes Repealed: Commercial Appeals Com­mission Act, R.S.B.C. 1996, c. 54

Summary: As a result of the government's Core Services Review process, Bill 70 repeals the Commercial Appeals Commission Act.

In Force: On Royal Assent except for specified sections which come into force by regulation

Community Charter Transitional Provisions, Consequential Amend­ments and Other Amendments Act, 2003 (Bill 67)

Amended: Consequential amendments are made to 101 statutes

Summary: Following the enactment of the Community Charter, S.B.C. 2003, c. 26 (Bill14), Bill 67 makes transitional provisions, includ­ing to bylaws, regulations, land, areas, taxes and exemptions. Bill 67 makes consequential amendments to 101 statutes.

In Force: By regulation

Community Services Labour Rela­tions Act, s.B.C. 2003, c. 27 (Bill61)

Amended: Consequential amendments made to the Community Services Interim Authorities Act, S.B.C. 2002, c. 58

Summary: Bill61 creates the Community Serv­ices Labour Relations Act whose purpose is to regulate labour relations in the community services sector.

In Force: By regulation

Environmental Management Act (Bill

57)

Amended: Consequential amendments made to 26 statutes

Statutes Repealed: Environment Management Act, R.S.B.C. 1996, c. 118; Supplement to the En­vironment Management Act; Waste Management Act, R.S.B.C. 1996, c. 482

Summary: Bill 57 repeals the Waste Manage­ment Act and Environment Management Act and replaces both of them with Bill 57.

In Force: By regulation

BarTalk VoL 15/No. 4

Page 13: BarTalk | August 2003

Financial Administration Amend­ment Act, 2003 (Bill 59)

Amended: Financial Administration Act, R.S.B.C. 1996, c. 138. Consequential amend­ments made to the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212

Transitional Provisions: Rights of govern­ment securities holders not prejudiced before Bill 59 comes into effect

Summary: Bill 59 amends the Financial Admin­istration Act including specified provisions to expand the authority of the Minister of Finance to borrow money and manage debt.

In Force: By regulation

Flood Hazard Statutes Amendment Act, 2003 (Bill 56)

Amended: Dike Maintenance Act, R.S.B.C. 1996, c. 95; Drainage, Ditch and Dike Act, R.S.B .C. 1996, c. 102; Land Title Act, R.S.B.C. 1996, c. 250; and Local Government Act, R.S.B.C. 1996, c. 323. Consequential amendment made to the Ombudsman Act, R.S.B.C. 1996, c. 340

Transitional Provisions: Dike Maintenance Act

Summary: Bill 56 makes amendments to 4 statutes including to the: Dike Maintenance Act regarding provisions respecting inspectors and liability; Drainage, Ditch and Dike Act respecting powers of the Minister; Land Title Act; and the Local Government Act respecting provisions re­garding flood plains.

In Force: On Royal Assent except for section 16 (Land Title Act) which comes into force 180 days after the Act receives Royal Assent

Forest and Range Practices Amendment Act, 2003 (Bill 69)

Amended: Forest and Range Practices Act, S.B.C. 2002, c. 69. Consequential amendments made to 14 statutes

Transitional Provisions: from regulating and

August 2003

carrying out forest and range practices under the Forest Practices Code of British Columbia Act to doing so under the Forest and Range Practices Ad

Summary: Bill 69 amends the Forest and Range Practices Act including to provide for the transi­tion between Bill 69 and the Forest Practices Code of British Columbia Act.

In Force: By regulation

Forest (Revitalization) Amendment Act (No. 2), 2003, S.B.C. 2003, c. 31 (Bill45)

Legislative Update

Notice To The Profession

ICBC has made a submis­

sion to the Supreme Court

Rules Revision Committee

requesting the cost of pho­

tocopying in the litigation

process be given a statutory

Amended: Forest Act, R.S.B.C. 1996, c. 157. rate and that the rate be

Consequential amendments made to 3 statutes

Transitional Provisions: Forest Act and appli­cation to existing agreements

Summary: Bill45 makes amendments to the Forest Act including to: make further amend­ments in order to establish a market-based sys­tem for tenure allocation; repeal provisions re­specting timber sale licences; add new provisions governing the conversion of the re­pealed timber sale licences to forest licences; and create a new licence - forestry licence to cut- to replace the repealed timber sale licence provisions.

In Force: By regulation, except specified sec­tions which come into force by Royal Assent.

Forests Statutes Amendment Act, (No. 2), 2003 (Bill44)

Amended: Forest Act, R.S.B.C. 1996, c. 157; For­est Practices Code of British Columbia Act, R.S.B.C 1996, c. 159; Forestry Revitalization Act, S.B.C. 2003, c. 17; and Range Act, R.S.B.C. 1996, c. 396

Summary: Bill 44 amends the: Forest Act in­cluding offences and penalties; Forest Practices Code of British Columbia Act including the Forest Practices Board; and Range Act including of­fence and penalty provisions.

Continued over

fixed at $0. 15 per copy. In

Giuliani v. Saville the B. C.

Court of Appeal sanctioned

a rate of $0.30 per copy

when copies are produced

at the request of the other

party. Registrars typically

allow other photocopying

at $0.15 per copy. Obvi­

ously, photocopying

expenses may vary widely

depending on the infra­

structure established to

produce copies.

While on a case-by-case

basis the cost may not be

significant, the CBABC

would like to afford the

opportunity to members to

respond to the submission

by ICBC. It should be not­

ed that ICBC's proposal

would extend not only to

MY A cases, but also to

commercial and other forms

of litigation where photo­

copying considerations may

be quite different. The

Supreme Court Ru les

Revision Committee may be

contacted at the Law

Courts, 800 Smithe Street,

Vancouver, B.C., V6Z 2E I.

13

Page 14: BarTalk | August 2003

Legislative Update

Directory 2003: Provincial Court Registry Telephone Numbers

Provincial Court Registry

telephone numbers are

avai lable in the Court Serv­

ices section of the Directory

commencing on page 31.

Please do not direct registry

calls to the Provincial Court

judiciary numbers .

14

Legislative Update Continued from page 13

In Force: By regulation, except specified sec­tions which come into force on Royal Assent or

are retroactive

Health Professions Amendment Act, 2003 (Bill 62)

Amended: Health Professions Act, R.S.B.C. 1996, c. 183 Consequential amendments made to 15

statutes

Transitional Provisions: Interpretation of bodies, rules, regulations and bylaws under re­

pealed Acts and regulations

Statutes Repealed: Chiropractors Act, R.S.B.C. 1996, c. 48; Dentists Act, R.S.B.C. 1996, c. 94; Medical Practitioners Act, R.S.B.C. 1996, c. 285; Nurses (Registered) Act, R.S.B.C. 1996, c. 335; Supplement to the Nurses (Registered) Act; 0~­tometrists Act, R.S.B.C. 1996, c. 342; and Podza­trists Act, R.S.B.C. 1996, c. 366

Summary: Bill 62 makes amendments to the Health Professions Act, including to provisions respecting: inquiry powers and directives; board bylaws; access to the register; medical practitioners; specified definitions; the quality assurance program; registrar; inquiry commit­tee; discipline committee; reserved actions pro­viding a service; and confidential information

and regulations.

In Force: By regulation

Industry Training Authority Act, s.B.C.

2003, c. 34 (Bill34)

Amended: Consequential amendments made to the: College and Institute Act, R.S.B.C. 1996, c. 52; Financial Information Act, R.S.B.C. 1996, c. 140; Freedom of Information and Protection of Pri­vacy Act, R.S.B.C. 1996, c. 165; Homeowner Pro­tection Act, S.B.C. 1998, c. 31; and Homeowner Protection Amendment Act, 2001, S.B.C. 2001, c.

14

Summary: Bill 34 repeals and replaces the In­dustry Training and Apprenticeship Act, S.B.C. 1997, c. 50. Bill 34 creates the Industry Train­ing Authority which is to maintain, develop, monitor and fund training and apprenticeship

programs.

In Force: By regulation

Insurance Corporation Amendment Act, 2003, S.B.C. 2003, c. 35 (Bill 58)

Amended: Insurance Corporation Act, R.S.B.C. 1996, c. 228. Consequential amendments made to the Insurance (Motor Vehicle) Act, R.S.B.C.

1996,c. 231

Summary: Bill 58 makes amendments to the Insurance Corporation Act including to have ICBC regulated by the B.C. Utilities Commis­sion. If permitted by regulation, ICBC must make universal compulsory automobile insur­

ance available .

In Force: By regulation

Integrated Pest Management Act (Bill 53)

Amended: Consequential amendments made to the: Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131; Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159; and Hydro and Power Authority Act, R.S.B.C. 1996, c.

212

Summary: Bill 52 repeals the Pesticide Control Act, R.S.B.C. 1996, c. 360 and replaces it with Bill 52, which regulates the purchase and sale

of pesticides.

In Force: By regulation

Judicial Compensation Act (Bill41)

Amended: Consequential amendments made to the Provincial Court Act, R.S.B.C. 1996, c. 379

Summary: Bill 41 transfers the compensation

BarTalk Vol. 15/No. 4

(

(

Page 15: BarTalk | August 2003

(~((II

provisions for Provincial Court judges and ju­dicial justices of the peace from the Provincial Court Act to the new Act in Bill41.

In Force: On Royal Assent

Land Amendment Act, 2003 (Bill46)

Amended: Land Act, R.S.B.C. 1996, c. 245. Con­sequential amendments made to the: Forest Act, R.S.B.C. 1996, c. 157; Forest and Range Practices Act, S.B.C 2002, c. 69; Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159; Hy­dro and Power Authority Act, R.S.B.C. 1996, c. 212; and Mineral Tenure Act, R.S.B.C. 1996, c. 292

Summary: Bill46 adds a provision to the Land Act to permit by order of the Lieutenant Gover­nor in Council that Crown land be designated for specified purposes.

In Force: By regulation

Manufactured Home Act (Bill 72)

Amended: Consequential amendments made to the: Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127; Land Tax Deferment Act, R.S.B.C. 1996, c. 249; Legal Services Society Act, S.B.C. 2002, c. 30; and Personal Property Securi­ty Act, R.S.B.C. 1996, c. 359

Summary: Bill 72 repeals and replaces the Manufactured Home Act, R.S.B.C. 1996, c. 280 and Supplement to that Act.

In Force: By regulation

Miscellaneous Statutes Amendment Act (No. 2), 2003, S.B.C. 2003, c. 37 (Bill 66)

Amended: 21 statutes amended

Summary: Bill 61 repeals the Barbers Act, R.S.B.C. 1996, c. 24; Cosmetologists Act, R.S.B.C. 1996, c. 178; and the Supplement to the Free­dom of Information and Protection of Privacy Act.

August 2003

Legislative Update

Bill 66 amends 21 statutes including the: Cor­rection Act to increase the powers of the Minis­ter to inspect correctional centres; Estate Admin­istration Act regarding the powers of the official administrator; Family Relations Act to add a new section to permit a court to order a paternity test in a proceeding for a maintenance order for the child if a male person denies parentage; Inter­jurisdictional Support Orders Act to have the Bill 66 paternity test provisions made under the Family Relations Act apply; Offence Act to pro­vide that a violation ticket sent to ICBC is valid whether or not it is accompanied by the in­structions that are given to the person who is alleged to have committed the violation; Pa­tients Property Act regarding provisions respect­ing passing accounts and the power of the Public Guardian and Trustee; and Supreme Court Act to apply Provincial Court judges' sal­aries, benefits and pension plan to Masters of the Supreme Court.

In Force: On Royal Assent except for specified sections which come into force by regulation

Pension Statutes Amendment Act, 2003 (Bill49)

Amended: Election Act, R.S.B.C. 1996, c. 106; Freedom of Information and Protection of Privacy Act, R.S.B .C. 1996, c. 165; Ombudsman Act, R.S.B.C. 1996, c. 340; Public Sector Pension Plans Act, S.B.C. 1999, c. 44; Public Service Benefit Plan Act, R.S.B.C. 1996, c. 386; and Trade Develop­ment Corporation Act, R.S.B.C. 1996, c. 456

Summary: Bill 49 amends 6 statutes. Bill 49 amends the Election Act, Freedom of Information and Protection of Privacy Act, Ombudsman Act and the Trade Development Corporation Act regarding eliminating the rule that contributions to there­spective plans must continue until35 years of contributory service for the individual is reached, despite the accrual of 35 years of pen­sionable service.

In Force: On Royal Assent except for specified sections that come into force by regulation or are retroactive

Continued over

Tariff of Costs

The Rules Revision Com­

mittee wishes to engage in

widespread consultation

regarding proposed amend­

ments to the Tariff of Costs

(Appendix B of the

Supreme Court Rules of Court) . The Committee

invites submiss ions from

members of the profession

and the public. The paper is

available at

www.courts.gov.bc.ca.

The Committee will consid­

er submissions received up

to November 30, 2003 .

IS

Page 16: BarTalk | August 2003

Legislative Update

NewQC Nomination Process

The Ministry of Attorney

General has advised that it

has established a new proc­

ess for Queen's Counsel

appointments in B.C.

"The more structured

approach to QC nomina­

tions will make the process

more open, transparent and

understandable by laying

out clear requirements and

deadlines for submissions,"

said Attorney General Geoff

Plant.

For information on the new

process, please visit

www.gov.bc.ca/ag or

www.bccba.org (front

page) .

16

Legislative Update Continued from poge 15

Persona/Information Protection Act (Bill38)

Amended: None

Summary: Bill 38 regulates the collection, use and disclosure of an individual's personal in­formation by private sector organizations.

In Force: Act in force January 1, 2004

Pharmacists, Pharmacy Operations and Drug Scheduling Amendment Act, 2003 (Bill 54)

Amended: Pharmacists, Pharmacy Operations and Drug Scheduling Act, R.S.B.C. 1996, c. 363. Consequential amendment made to the Free­dom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165

Summary: Bill 54 amends the Pharmacists, Pharmacy Operations and Drug Scheduling Act including to transfer the responsibility for man­aging requests to access the PharmaNet data­base (containing patient record and general drug information) from the College of Pharma­cists to a new PharmaNet stewardship com­mittee within the Ministry of Health Services.

In Force: By regulation

Private Career Training Institutions Act (Bill 52)

Amended: Degree Authorization Act, S.B.C. 2002, c. 24. Consequential amendments made to the: Financial Information Act, R.S.B.C. 1996, c. 140; Freedom of Information and Protection of Pri­vacy Act, R.S.B.C. 1996, c. 165; and Public Sector Employers Act, R.S.B.C. 1996, c. 384

Summary: Bill 52 repeals the Private Post-Sec­ondary Education Act, R.S.B.C. 1996, c. 375 and the Supplement to the Private Post-Secondary Education Act. Bill 52 creates the Private Career

Training Institutions Agency. Bill 52 also cre­ates a regulatory framework for registering and accrediting private sector institutions to pro­vide career training and suspending or cancel­ling the registration or accreditation of institu­tions in specified circumstances.

In Force: By regulation

Provincial Revenue Statutes Amendment Act (No. 2), 2003 (Bill42)

Amended: Motor Fuel Tax Act, R.S.B.C. 1996, c. 317; and Social Service Tax Act, R.S.B.C. 1996, c. 431

Summary: Bill 42 amends the Motor Fuel Tax Act including amendments to fuel tax and col­oured fuel provisions. Bill42 amends the Social Service Tax Act, including provisions respect­ing dyeing of fuel and authority for a direct payment and compliance program.

In Force: On Royal Assent except for specified sections which come into force by regulation

Public Service Amendment Act, 2003 (Bill71)

Amended: Public Service Act, R.S.B.C. 1996, c. 385. Consequential amendments made to 12 statutes

Summary: Bill 71 repeals the Supplement to the Public Service Act. Bill71 amends the Public Service Act, including to: eliminate the Public Service Appeal Board; to specify a procedure for inquiry and review for employees, who are unsuccessful applicants for an appointment to the public service; and provide the merit com­missioner with Inquiry Act powers.

In Force: By regulation

School Amendment Act, 2003, s.B.C. 2003, c. 40 (Bill 50)

Amended: School Act, R.S.B.C. 1996, c. 412

BarTalk Vol. 15/No. 4

Page 17: BarTalk | August 2003

Summary: Bill 50 amends the School Act, in­cluding, amendments regarding school plan­ning councils, employee seniority, applica­tions to specified educational programs, and power for the board to allocate money.

In Force: On Royal Assent except for section 1 respecting school planning councils which comes into force on July 1,2003

Skills Development and Labour Statutes Amendment Act, 2003 (Bill 37)

Amended: Employment Standards Act, R.S.B.C. 1996, c. 113; Employment Standards Amendment Act, 2002, S.B.C. 2002, c. 42; and Workers Com­pensation Act, R.S.B.C. 1996, c. 492

Summary: Bill 37 amends the Employment Standards Act including to eliminate the contin­uing review of the Act by the Minister and amendments regarding child employment, wages, and director and tribunal powers. Bill 37 amends the Employment Standards Amend­ment Act, 2002 including to eliminate "not in force" amendments under the Employment Standards Act. Bill37 amends the Workers Com­pensation Act including provisions for benefits and compensation paid to children, surviving dependants of deceased workers, childless surviving widow or widower and separated surviving spouses.

In Force: By regulation and retroactive for specified sections

Transmission Corporation Act, s.B.C. 2003, c. 44 (Bill39)

Amended: Consequential amendments made to the: Financial Information Act, R.S.B.C. 1996, c. 140; Hydro and Power Authority Act, R.S.B.C. 1996, c. 212; and Utilities Commission Act, R.S.B.C. 1996, c. 473

Summary: Bill39 regulates the Crown-owned B.C. Transmission Corporation whose pur­pose is to plan, manage and operate B.C. Hy­dro's transmission system.

August 2003

In Force: By regulation

Transportation Statutes Amendment Act, 2003, s.B.C. 2003, c. 45 (Bill64)

Amended: Company Act, R.S.B.C. 1996, c. 62; Highway Act, R.S.B.C. 1996, c. 188; Greater Van­couver Transportation Authority Act, S.B.C. 1998, c. 30; Ministry of Transportation and Highways Act, R.S.B.C. 1996, c. 311; Railway Act, R.S.B.C. 1996, c. 395; Transportation Investment Act, S.B.C. 2002, c. 65; and Weed Control Act, R.S.B.C. 1996, c.487

Summary: Bill 64 repeals the Riverbank Protec­tion Act, R.S.B.C. 1996, c. 408. Bill 64 amends 7 statutes, including the: Company Act to elimi­nate the authority to make regulations respect­ing the registration of mortgage deeds, as are­sult of the Railway Act provision being repealed by Bill 64, and Ministry of Transportation and Highways Act to repeal provisions which pro­vide for the levying of tolls on the Coquihalla Highway.

In Force: On Royal Assent except for specified sections which come into force by regulation or are retroactive

Utilities Commission Amendment Act, 2003, S.B.C. 2003, c. 46 (Bill40)

Amended: Utilities Commission Act, R.S.B.C 1996, c. 473. Consequential amendments made to 2 statutes

Summary: Bill 40 repeals the Economic Devel­opment Electricity Rate Act, R.S.B.C. 1996, c. 104. Bill 40 amends the Utilities Commission Act in­cluding provisions respecting: energy removal certificates and regulated projects; utility com­mission governance; certificate of public con­venience and necessity; setting of rates; carri­ers; purchasers and processors; electricity transmission; gas marketing; and public hear­ings.

In Force: On Royal Assent

• Continued over

Legislative Update

17

Page 18: BarTalk | August 2003

Legislative Update

Call For Volunteers

The CBABC seeks volu n-

teers for appointment to a

th ree-year term to t he

Manufactured Home

Registry User Forum.

The Forum is a broad-based

group consisting of those

interested in issues related

to the Registry. The Forum

meets from time to time in

Victoria. If you are interest­

ed in vo lunteering, please

send your resume and a let­

ter express ing your interest

in the appointment, to

Frank Kraemer, Executive

Director, Canadian Bar As­

sociation I O'h Floor - 845

Cambie Street, Vancouver,

B.C. V6B ST3 (e-mail

[email protected]) be­

fore August 29, 2003.

Preference will be given to

members whose practice

involves work with the

Manufactured Home Regis-

try.

18

Legislative Update Continued from page I 7

Water, Land and Air Protection Stat­utes Amendment Act, 2003, s.B.C. 2003, c. 46 (Bill 55)

Amended: 10 statutes amended

Summary: Bill 55 repeals 17 statutes, includ­ing the: dyking assessment statutes from 1905-1965, Park (Regional) Act and the Commercial River Rafting Safety Act. Bill 55 amends 10 stat­utes including: the Local Government Act regard­ing regional parks; Park Act regarding appoint­ments of park personnel; and Wildlife Act regarding eliminating firearm licensing re­quirements and related firearm licensing provi­sions.

In Force: On Royal Assent except for specified sections which come into force on June 16, 2003 or by regulation

REPORTSAVAILABLE

Consultation Paper on a Legal Framework for Informal Public Appeal Funds (May 2003). Source: B.C. Law Institute. Available at: www.bcli.org

Consultation Paper on Post-Accident Remedi­al Measures (May 2003). Source: B.C. Law In­stitute. Available at: www.bcli.org

f\(lembership Protocol As directed at the last Law Society Annual General Meeting in September 2002, the CBABC developed and approved a protocol to respond to those members of the Law Society who do not wish to be recognized as a member of the Canadian Bar Association. The full wording of the Protocol is available at www.bccba.org (Lawyer Lounge).

The Protocol was developed in response to the concerns of some members that there be are­spectful option for members who, for reasons

Discussion Paper: Drinking And Driving Is­sues And Strategies (June 2003). Source: Min­istry of Public Safety and Solicitor General. Available at: www.pssg.gov.bc.callegisla­tion l drinking-driving I idr-discussion­paper.pdf

Discussion Paper: Reform Of The Tariff Of Costs (June 2003). Source: Supreme Court of British Columbia Rules Revision Committee. Available at: www.courts.gov.bc.ca

Draft Regulation under the Business Corpora­tions Act (June 2003). Source: Ministry of Fi­nance. Available at: www.fin.gov.bc.caiPT I fcsp I consultBCA.shtml

Labour Relations Code Review Committee Report (May 2003) . Source: Minister of Skills Development and Labour. Available at: www.labour.gov.bc.callrcreview lreport.htm

Proposed Amendments to Insurance Act and Insurance (Motor Vehicle) Act (June 2003) . Source: Ministry of Finance. Available at: www .fin. gov . be . ca I PT I fcsp I pdfs I MVAact.pdf

Securities Regulation In Canada: An Inter­Provincial Securities Framework (June 2003) . Source: Minister of State for Deregulation. Available at: www.gov.bc.cal deregulation

Spousal Assault Policy Changes (June 2003). Source: Ministry of Attorney General. Availa­ble at: ww2.news.gov.bc.ca l nrm_ news_releases I 2003AG0041-000421 .htm •

of personal principle, do not wish to be associ­ated with a position or action of the Associa­tion.

The Membership Protocol was approved by the CBABC Executive Committee and Provincial Council, and was forwarded to the Executive Committee of the Law Society of B.C. on April 17,2003. To date, no formal response has been received. However, the CBA is operating on the basis that the Protocol is a CBABC policy. •

BarTalk Vol. 15/No. 4

Page 19: BarTalk | August 2003

Ill[

Dirk Ryneveld, QC Police Complaint

Commissioner of British Columbia

(shown in the Milosevic courtroom in The

Hague)

August 2003

The New Police Complaint Commissioner An interview with Dirk Ryneveld, QC

Dirk Ryneveld, QC was sworn in as B.C.'s Police Complaint Commissioner on February 13, 2003 after returning from The Hague, where he spent four years prosecuting war crimes. He spoke with BarTalk in June.

BarTalk: How do you envision the role of Police Complaint Commissioner?

We are here to provide civilian oversight over the municipal police forces in this province. In B.C. we have a model

the truth can be established by having witness­es under oath. We, as lawyers, have always said that the best way to test evidence is to sub­ject it to cross-examination; a public hearing does that.

BarTalk: What are the current issues and challenges?

There is a wide variety of complaints by mem­bers of the public about the police, ranging from

dissatisfaction about a po­whereby we agree that the police will investigate the police. We entrust the po­lice to investigate all kinds of serious crime. Why wouldn't we entrust the police to investigate allega-

"The biggest challenge is to promote confidence in the system we have and to pro­vide a balance and a percep­tion of balance."

lice officer's attitude when they get pulled over for a traffic ticket, to very serious matters such as use of force. People view our office as a safe place to complain and

tions, even against their own? What we need however, is to ensure that there is independ­ent oversight. If they know someone is watch­ing who has the power to order more investi­gation, to order external investigations, and to take issue with their decisions by calling a public hearing, then they know in advance that they are held accountable.

We are well served by our police forces . We are very, very fortunate that we have dedicat­ed men and women who serve and protect. That is not to say that everyone's conduct is at all times in accordance with every rule and regulation. That's where I believe the role of the Police Complaint Commissioner is impor­tant; that there is civilian oversight and that the decision of the discipline authority, which is usually the Chief of Police in the police force involved, does not have necessarily the final say. It's almost like acting as an appel­late jurisdiction to decide whether there should be a hearing wherein all the factors are aired according to the rule of law and where

that their complaints will be reviewed seriously. I'm trying to put in a pro­gram now, whereby the MP and MLA offices can also be areas where people can find a Form 1 Complaint Form and perhaps use the inter­preters or language staff that might be available. My budget doesn't allow me to hire translators of the multi-ethnic groups represented. So I'm trying to find ways to increase public accessibil­ity to our office that don't have a cost impact.

There are many challenges. The biggest chal­lenge is to promote confidence in the system we have and to provide a balance and a perception of balance, so that people know that there is ef­fective civilian oversight over the police. The challenge will be to actually persuade the pub­lic and the police that we are balanced; doing the job will hopefully show that. But there will always be parties who will either view us to be pro-police or anti-police, and we can't be con­cerned too much with how we are viewed other than we have to ensure that we instill public confidence in the process. We will do what we think is right. That's the bottom line. •

19

Page 20: BarTalk | August 2003

Special Thanks

The CBABC thanks the

selection committee of the

Community Service Awards:

HAD. O liver, QC, B.C.

Confl ict of Interest Commis­

sioner; Trude LaBoss iere

Huebner, Researcher/Writ­

er; Doug Robinson, QC, a

CBABC Past President;

Mark Slay, CBABC member;

Frances Statham, QC, Minis­

try of Attorney General; and

Gi ll ian Wallace, QC, fo rmer

Deputy Minister, Ministry of

Attorney General.

20

Community Service Awards 2003 Honoring exceptional contributions to communities (

The CBABC proudly honors lawyers for their contribution to the community and to the legal profession. The Community Service Awards are the highest honor provided by the CBABC in recognition of commu­nity involvement and contribution outside of the practice of law. A call for nominations was issued in the October issue ofBarTalk and after careful review, five lawyers were chosen to receive the 2003 CBABC Community Service Awards. For the first time, there are two award recipients in Vancouver County.

MICHAEL B. ELLIS (Victoria County)

Mr. Ellis (Mike) is well known throughout the Greater Victoria community for the tre­mendous amount of volunteer effort that he expends. It seems many people can say "Oh yes, I know Mike Ellis. He volunteers at

Michael B. Ellis

[fill in organization] ." Margaret Sasges, a co­worker of Mike's at Straith & Company, says "I know how hard he works in the office, and yet he still has an enormous amount of time and energy to give to a variety of organizations." There are indeed a variety, including the B.C. Lung Association, the Kiwanis Club, the Ki­wanis Village Society, the Royal Victoria Mar­athon, Cool Aid, the YM-YWCA, and the Team West Coast Running and Triathlon Society.

All of the members of these organizations can recount projects that had uphill battles, and how Mike made a difference - a critical differ­ence - in those projects. When Cool Aid was looking for assistance from a service club to de­velop a youth shelter, "Mike convinced the Ki­wanis club to support the shelter," says Jane Dewing, who was the Executive Director of Cool Aid at the time. "He personally assisted in finding a location. It was very difficult get­ting the rezoning and Mike had to field some very disgruntled neighbors. But the project was successful and has sheltered more than 6,000 youth since opening in 1989."

The B.C. Lung Association has benefited from Mike's volunteerism since 1992. He has been a member of numerous committees, including

their Executive Committee since 1993 and has served as Honourary Treasurer and Vice Pres­ident and is currently their provincial Presi­dent. Scott McDonald, the B.C. Lung Associa­tion's Executive Director, says that Mike is a "go-to" volunteer who never turns down requests for assistance, whether it's standing at a display table at a health fair or providing pro bono legal work on a difficult bequest issue.

Through his involvement with the Kiwanis So­ciety, Mike became involved in the Kiwanis Vil­lage Society which operates Kiwanis Village in Victoria and Windward Village in Sidney. The Society provides affordable housing for low in­come seniors, operating 183 housing units with a population of more than 220 seniors. "Mike was the Society President during the last six months - the critical phase of construction of our new 50 unit apartment building," says Jeff Sawchuk, Administrator, Kiwanis Village.

GAVIN HUME, QC (Vancouver County)

Gavin Hume is pre­sented a Community Service Award for his outstanding commit­ment to one organiza­tion in particular. His commitment has been immense and the or-ganization is one that Gavin Hume, QC enriches each commu-nity it touches. Gavin has been a key leader at the YMCA and has dedicated tremendous ef­fort to the Y for more than 30 years. He has been a member, Executive Member, and Presi­dent, and is currently a Director of the YMCA Board of Governors. Throughout that long his­tory he has directly and indirectly changed the

BarTalk Vol. 15/No. 4

Page 21: BarTalk | August 2003

· .. ~

lives of thousands of young people.

As the YMCA's Honorary Solicitor, Gavin has provided extensive pro bono legal and client services to the organization. Mary Beck, who has served with Gavin on the Board of Direc­tors at the YMCA, says "The amount of time Gavin has volunteered is difficult to quantify. I suspect that a day does not go by in which Gavin does not deal with a YMCA matter to some degree."

Gavin has also been a Trustee and Chair of the YMCA Endowment Fund. As an Executive Member of the "Building Strong Communities Capital Campaign" Gavin played a very sub­stantial role in mobilizing YMCA volunteers to successfully raise more than $6.2 million for the new Surrey Family YMCA, which opened in September 2002. This new YMCA will serve more than 30 thousand people each year for the next 35 years and "It would not have been possible," says Bill Stewart, President and CEO of the YMCA of Greater Vancouver, "without the active support of Gavin and the many other community-minded people attract­ed to this cause."

Mr. Stewart says further that "Gavin's contri­bution to the YMCA and the community ... are immeasurable and set a high standard for all. His special gifts for involving people, strategic thinking and dedication to ethical and princi­pled action, are the cornerstones of Gavin the individual."

LINDA D. LOCKE (Prince Rupert County)

Her community is Hazelton. Offers come calling, but Linda Locke stays in Hazel­ton because she loves her community. It needs her. The com­munity has had sev­eral setbacks: the clo­

Linda D. Locke

sure of the lumber industry; changes in fishing practices; and cutbacks in various government agencies. But when the provincial government set its sights on closing the local legal aid of­fice, Linda "went into action. " Rev. Lorna

August 2003

Janze recounts "When we heard that legal aid was being eliminated in Hazelton, it only spelled disaster. To refer people to local legal service resulted in good compliance, but to re­fer people to an office up to two hours drive away by car would result in almost total non­compliance. (The office) was necessary to the viability of the families and our community." Through Linda's work, including a month of pro bono, the Upper Skeena Counselling & Legal Assistance Society (USCLAS) office stayed open and today continues to provide services desperately needed in Hazelton.

Linda is also an advocate for the Aboriginal community, working tirelessly to increase com­munity awareness about Aboriginal needs, val­ues and interests, and to increase trust and re­spect between Aboriginal and non-Aboriginal people. Every year the USCLAS has been an ac­tive presence in the Gitxsan Cultural Days and Hazelton Pioneer Day, with a theme relating to a legal issue such as residential schools, child and family issues, or Aboriginal veterans. "Lin­da has also facilitated workshops and a book­let relating to wills planning on Reserves and has organized several workshops on human rights and sexual harassment in the work­place," says USCLAS President, Charlotte Sul­livan.

Linda's seemingly endless compassion extends to animals in her community, too, and she works energetically to protect abused and un­wanted animals. Linda is working to set up an animal shelter in Hazelton. "Linda is a person who will never turn a blind eye to problems re­lated to animals," says Tim Klaassen, a Smith­ers lawyer.

"Her community volunteerism is a powerful demonstration of public service in its best pos­sible sense," says Sandy Jakab-Hancock, a nominator of Linda for this award.

MICHAEL A. MCVEA (Nanaimo County)

The common thread running through the or­ganizations in which Mike McVea has partici­pated is that they exist to improve the local community for the betterment of its present and future citizens.

Continued over

21

Page 22: BarTalk | August 2003

22

Community Service Awards Continued from page 2 I

The organizations he has volunteered with in­clude the Campbell River United Way, the Yu­calta Lodge Society, the Rotary Club of Camp­bell River, the Community Futures Development Corporation of Strathcona, the B.C. Winter Games in Campbell River, and the Campbell River Community Foundation.

Upon arriving in Campbell River in 1978 Mike became a director of both the local United Way and the Yucalta Lodge Society, which operates a housing facility for seniors.

In 1988 Mike was appointed a director of the Community Futures Development Corporation of Strathcona, a federally funded organization created to assist small business by providing loans and educational support, training and assistance to prospective entrepreneurs includ­ing those who have lost their jobs due to eco­nomic changes. From 1989 to 1997 Mike chaired the Corporation's Self Employment Committee, and he continues to be a member. Today there are many local small businesses, some very successful, which owe their start to this committee.

In 1995 Mike was elected Chair of the Corpora­tion for a three-year term- at a time when the organization was in a state of upheaval. At the end of Mike's term the Corporation was one of the three most successful and profitable of the 23 Community Futures Corporations within B.C. Today, as a result of income from its loan portfolio, the Corporation is almost entirely self-sufficient and it continues to assist small businesses.

In 2001 Mike was appointed to the Board of Di­rectors of the Campbell River Community Foundation. He was immediately elected as the fundraising committee chair and developed a fundraising plan. The Foundation's goal is to establish a permanent endowment fund to as­sist other local organizations in improving the community of Campbell River.

JAMES (JIM) STOUT (Vancouver County)

West Vancouver parents of Beavers, Cubs,

Scouts, and Venturers will likely recognize Jim Stout's name. Since 1969 he has been involved in Scouting, leading more than 50 Scouting wilderness expedi­tions (lasting seven days or more) involv­ing backpacking, ocean kayaking orca­noeing.

Jim Stout

Jim was a District Commissioner for the West Vancouver Scouts for four years and a Region­al Commissioner for Vancouver-Coast for three years. He was also a Volunteer Project Manag­er for the construction of the Hollyburn Ridge Scout Cabin. The amount of time Jim gives to Scouts is part of what makes his contribution unique. "Jim is busy three nights a week lead­ing each of his three groups, is away most weekends either camping with the Scouts or Venturers or working on the Group's cabin at Hollyburn Ridge," says John McCarter, of the 3'd West Vancouver Cub Pack, who has worked closely with Jim in recent years.

Parents of children who have been in Jim's Cub or Scout groups speak well of Jim. Terry Hal­verson, a parent of a Scout, wrote "It is the wonderful example of Jim Stout's character and values that enhance our community. He sets an extremely high standard of fairness, tol­erance and honesty. It gives me a great deal of comfort to know that there are people of Jim's quality involved in our legal system."

John McCarter adds, "Jim is a person who be­lieves there is good in every child and he makes it his responsibility to find a way for that goodness to bubble to the surface. There is now a second generation of children in West Vancouver who can thank Jim for giving them direction to be the best person they can be."

Jim has also volunteered his time with the Li­ons Gate Hospice Society, which he was Presi­dent of in the mid-1990s. During that time the Lions Gate Hospital undertook a fundraising initiative and under Jim's leadership the Soci­ety contributed $150,000, the largest single donation, to the $1.8 million project. •

BarTalk Vo l. 15/No . 4

Page 23: BarTalk | August 2003

I~

Executive Committee 2003/2004

BarTalk thanks the members of the 2003/2004 Executive Committee for providing the following biogra­phies.

ROBERT BRUN, PRESIDENT

Robert was born in White­horse, Yukon Territories, in 1952 and attended ele­mentary and secondary school in Vancouver. He received a Bachelor of Arts degree from UBC in 1974 and a Bachelor of Laws degree from UBC in 1977. He was called to the B.C. Bar in 1978. Robert entered private practice in Vancouver in July of 1978, going to the Legal Servic­es Department of the WCB in May of 1979. He re­mained there until July of 1984 when he entered into

L-R: Sharon Matthews (Officer), Diana Dorey (Officer), Michael Woodward (Vice-President), Tracey Brice-Nicolson (Young Lawyers Representative), Robert Brun (President), Sabrina Ali (Officer) , Frits Verhoeven (Officer),

Meg E. Shaw (Secretary-Treasurer), David A. Paul (Past President) Missing: Equality Committee Representative

a partnership with Lyle Harris in Vancouver. The firm of Harris & Brun now consists of 19 staff and lawyers.

Since 1984, he has practised continuously in Vancouver, appearing frequently in the Su­preme Court of B.C. and the B.C. Court of Ap­peal. On several occasions he has ventured be­fore the Supreme Court of Canada.

Robert is a frequent guest speaker at seminars put on by CLE and the Trial Lawyers Associa­tion of B.C. He has been an active member of the Trial Lawyers Association of B.C. since 1991. He has been a member of the CBA since 1977 and was an Executive Member of the In­surance Law Section from 1991 to 1995. In 1997, he became an Elected Member of the Pro­vincial Council and is now in his second term. He was first elected to the Executive of the Pro­vincial Council in 2000, serving as Secretary­Treasurer (2001/2002) and Vice-President (2002/2003).

August 2003

MICHAEL C. WOODWARD, VICE-PRESIDENT

Michael Woodward is a graduate in mathemat­ics, and in law at UBC, and was called to the B.C. Bar in 1986. He is a founding partner in the law firm Woodward Walker, which acts for local government throughout B.C.

An elected member of CBA Council since 1997, Michael was first elected to the Executive in 2001, and in 2003 was elected as Vice-President of the Branch. He chairs the Government Rela­tions Committee.

He is Past-Chair of the Municipal Law Section, and a member of the Labour and Environmen­tal Sections. He has presented papers at sever­al CLE courses, has authored the Municipal Law chapter for CLE's Annual Review of Law and Practice for the past five years, and was course coordinator for the most recent Munici-

Continued over

23

Page 24: BarTalk | August 2003

Lawyers on Stage Theatre Auditions

Ever wanted to tread

boards other than those in

court? Ever wished to try

your crewing talents out on

someone other than family

members and colleagues?

Then Lawyers on Stage

Theatre (LOST) wants

you!' LOST is looking for

ALL sorts of talent to par­

ticipate in its February 2004

production of 'The Man

Who Came to Dinner."

This Moss Hart I George S.

Kaufman Broadway classic is

a fundraising event for

Kaleidoscope Theatre, and

will be performed February

27-28 at the beautiful

McPherson Playhouse.

Auditions and interviews

with potential actors, assist­

ant directors, stage crews,

and volunteers fo r all areas

of production will take

place September 22 & 23,

7-9 p.m. at the Barrister's

Lounge, on the fifth floor of

the Victoria Courthouse.

Call Patricia Lee at

250-744-0665 (evenings)

or e-mai l [email protected]

for an appointment.

24

Executive Committee 2003/2004 Continued from page 23

pal Law CLE program. He frequently lectures for the Local Government Management Associ­ation, the Union of B.C. Municipalities, the Mu­nicipal Administration Training Institute, and the Capilano P. Administration Program.

Following articles and three years as a labour I school law associate at Campney & Murphy, Michael spent two years with the municipal law firm Lidstone, Young, Anderson, followed by 11 years as a partner in the municipal law firm Thompson & McConnell. He and his law partner Robert Walker founded Woodward Walker in mid-2002.

Michael is 46 years old, and resides in White Rock with his spouse and three children. Sum­mer Saturdays he rows boats and is a founding Director of the Nicomekl Rowing Club. In the winter, he skis, after a fashion.

MEG (MARGUERITE) E. SHAW, SECRETARY· TREASURER

A native of Lethbridge, Alberta, Meg has lived in B.C. since 1969. She graduated from UVic in 1983 with a Bachelor of Science in Nursing, and from UBC in 1988 with her law degree. Ar­ticles in Kelowna were with the then firm of McAfee Harder, and she now practises with Hattori & Shaw, where her areas of specializa­tion are family law, mediation, and wills and estates. As well, Meg practises as a family pro­tection mediator, child advocate, and ad hoc counsel for the Coroner's Service of B.C. She was an invited participant in discussion groups hosted by the Law Society on the regu­lation of mediation, and also an invited partic­ipant in discussion groups hosted by the Fed­eral and Provincial Governments on proposed changes to custody and access in the Divorce Act.

Meg first served the CBABC as Chair of the Okanagan Family Law Section for three years, and was Co-Chair of the Okanagan ADR Sec­tion. She served as an Officer on the Executive Committee for CBABC for two years, and on various committees, including Co-Chair of the President's Forums held in Kelowna in April,

2000 and in Vancouver in June, 2003. As one of the representatives for Yale County since 1997, she is now in her second term.

Other community involvement includes serv­ing as a Director on the board of the Registered Nurses Association of B.C. and the board of the Kelowna-Westbank YM-YWCA. Meg has also been a guest lecturer at Okanagan University College, Cariboo College, and the Continuing Legal Education Society of B.C. She has pro­vided pro bono services for the Central Okana­gan Hospice Association and the Elizabeth Fry Society.

DAVID A. PAUL, PAST PRESIDENT

David graduated from UVic Law School in 1986. Since his call to the bar in 1987, David has spent his professional career in Kamloops, where he was born and raised. His practice ar­eas include criminal law, family law, personal injury law, mediation, and real estate sales. In 1997 he established the law firm of Paul & Company where he practises with his sister, Lorianna Bennett and David Dundee. David is a member of the Trial Lawyers Association, the B.C. Arbitration & Mediation Institute, and the B.C. Mediator Roster Society (Civil and Fami­ly).

Prior to his election to Provincial Council, David served on the Kamloops Bar Association Executive from 1990-1994 where he held vari­ous roles, including President in 1993-94. As well, David participated on the Law Day com­mittee and the Advisory Committee for the University College of the Cariboo.

David was first elected to Provincial Council in 1995. Between 1998 and 2001 he served as an Executive Committee member. He was elected to the position of CBABC Vice-President in June 2001 and in June 2002 he was elected to the position of President. David previously served as a member of the CBABC's Supreme Court ADR Committee and the Communica­tions Committee. He is a Past Chair of the fol­lowing committees: Planning & Priorities; Nominating; Awards & Recognition; and Bar­Talk Editorial Board. David belongs to the Kamloops Criminal and Family Sections and served as Section Coordinator between 1998 and 2000. During this period David also

BarTalk Vol. 15/No. 4

() I

Page 25: BarTalk | August 2003

chaired the Sections Task Force. As President, David also was a member of the CBA Board of Directors.

Currently, David is the CBABC appointee to the Judicial Council of B.C., the Executive Liai­son to the Advisory Committee of the Judicial Council of B.C, a member of the 2005 National Annual Meeting Organization Committee, Chair of CBABC QC Appointments Committee and a member of the Board of Directors of the national Legal Profession Assistance Confer­ence.

SABRINA A. S. All, OFFICER

Sabrina was born in Guyana, South America in 1967. She received her Bachelor of Arts de­gree in Administrative and Commercial Stud­ies from the University of Western Ontario in 1989 and her Diploma in Honors Standing in Political Science from UWO in 1990. Sabrina received her Bachelor of Laws from the Uni­versity of Saskatchewan in 1993. She em­barked upon a backpacking adventure around Asia and was called to the B.C. Bar in 1997. Sabrina is a member of the Executive, an elect­ed member of Provincial Council and acts as Executive Liaison for certain CBABC Commit­tees. Sabrina is also a member of the Futures Committee of the Law Society of B.C.

Sabrina is also a Director of West Coast LEAF. She runs her own civil litigation practice.

TRACEY BRICE-NICOLSON, YOUNG LAWYERS REPRESENTATIVE

Tracey Brice-Nicolson was born and raised in Saskatoon, Saskatchewan. Tracey attended the University of Saskatchewan where she re­ceived a B.A. (Honours) International Studies in 1998 and a L.L.B. in 2000. After graduation, Tracey accepted an articling position with a law firm in the Fraser Valley. At the comple­tion of her articles, Tracey joined the Kelowna law firm of Berge Horn as an Associate in 2001. Tracey enjoys a diverse litigation prac­tice at Berge Horn with an emphasis on family law, including CFCSA, personal injury, collec­tions, general litigation and criminal law. Tracey is Co-Chair of the CBA Okanagan Young Lawyers Section for a second consecu­tive year commencing June 2003, in addition to

August 2003

being the Young Lawyer Representative on the CBABC Executive. Tracey also participates and acts as the Executive Liaison for a number of CBABC committees, including the Articling Committee. Tracey resides in the hot and sunny Okanagan with her husband Derek, who is a golf professional. As a member of the CBABC Executive, Tracey is eager to learn and contrib­ute to the interests of young lawyers, who make up nearly 50 per cent of the population of prac­tising lawyers in B.C.

DIANA L. DOREY, OFFICER

Diana was born and raised in North Vancou­ver. She is married to Geoff Baragar, a Crown Prosecutor, and they have two daughters.

Diana received her Bachelor of Arts Degree in criminology with First Class Honours from Si­mon Fraser University in 1986. Diana received the British Commonwealth Scholarship for post-graduate studies at the University of Cam­bridge where she obtained a Masters of Philos­ophy Degree in criminology (specializing in young offender research) in 1987. She studied law at UBC and obtained her law degree in 1990. Diana articled with Davis & Company and during her articles, she was a Law Clerk at the Supreme Court of B.C. Diana joined Davis & Company following her call to the bar on No­vember 15, 1991. Diana enjoys a diverse gener­al litigation practice at Davis & Company.

Diana was elected to Provincial Council repre­senting Vancouver County in May, 2000. She was re-elected to Provincial Council in May, 2003. This is Diana's third year on the Execu­tive.

SHARON D. MATTHEWS, OFFICER

Sharon Matthews obtained a Bachelor of Com­merce (Honours) and a Bachelor of Laws from UBC in 1992. She was called to the bar in 1993 and has been a member of the Law Society of B.C. and the CBA since then.

From 1993 to 1999, Ms. Matthews was an Asso­ciate of the law firm Camp Church & Associ­ates. In 2000 she became a partner, and in Jan­uary 2001 , J.J. Camp, QC, Joe Fiorante and Sharon Matthews formed the law firm Camp

Continued over

H.A.D. Oliver, QC Earns Lifetime Achievement Award

The Honourable HAD.

Oliver, QC is the first recipi­

ent of the Trial Lawyers

Association of B.C.'s Lifetime

Achievement Award. The

occasion was celebrated on

June 13 by more than 400

people in a prestigious cere­

mony at the Vancouver

Convention & Exhibition

Centre.

During the event, Vancou­

ver Mayor Larry Campbell

declared Saturday, June 14,

2003 to be "HAD. Oliver

Day."

25

Page 26: BarTalk | August 2003

7WiT TALENT

Lawyers Who Write

With her professional col­

leagues in 12 cities world­

wide, CBABC member,

Colleen Ann Fee has

launched an International

Literary Salon of more than

30 artists, scientists and

professionals, including CBA

members.

The Salon, which is admin is­

tered by the literary services

agency, Fresh Wet Talent,

continues the tradition of

lawyers who write. The

mandate of the Salon is to

foster discourse and pro­

mote English literature

appreciation globally. The

Salon currently features an

Engl ish Language Mono­

logue Contest open to am­

ateur and professional writ­

ers. The seven winners will

receive cash honorariums, a

workshop and presentation

in the inaugural Salon per­

formance.

For details visit www.fresh-

wet-talent.com.

26

Executive Committee 2003/2004 Continued from page 25

Fiorante Matthews. Ms. Matthews co-manages the firm.

Ms. Matthews confines her practice to civil liti­gation and has appeared before all levels of court in B.C. She concentrates her practice on product liability, aviation litigation, class pro­ceedings and professional negligence cases.

Ms. Matthews has been an elected member from Vancouver County since 2001. In June 2003 she was elected to the position of Mem­ber-At-Large of the CBABC Executive Commit­tee commencing in August 2003. She was also honoured with the CBABC President's Medal for 2003. In addition, she has sat on the CBABC Audit Committee and Chairs the CBABC Reso­lutions & Bylaws Committee.

Ms. Matthews was the co-founder of the CBABC Class Actions Section and has acted as Secretary and Co-Chair of the Section.

Ms. Matthews has recently completed a term as President of the Advocates Club, of which she was previously the Secretary. She has written

Options For Lawyers:

numerous papers and lectured for the Contin­uing Legal Education Society of B.C., the CBA, and the Trial Lawyers Association.

FRITS VERHOEVEN, OFFICER

Frits Verhoeven is a partner in the Vancouver law firm of Edwards, Kenny and Bray, and practises in the field of civil litigation.

Born in Vlaardingen, the Netherlands, in 1956, and raised in Richmond, Frits obtained de­grees in Commerce and in Law at UBC. After articling with Edwards, Kenny & Bray, he was called to the bar in 1983. He was managing partner of the firm from 1997 to 1999.

Frits was elected to the CBABC Provincial Council in 1999, and re-elected in 2002. He served on the CBA' s Member Services Commit­tee for four years, from 1999 to 2003. He was a member of the national CBA Special Committee on Financial Services, 2001/2002. During 2002/2003, he served as the Chair of CBABC's Business of Law Committee.

0

Frits resides in Richmond, with his wife Kath- 0 ryn and their four children. For the past seven seasons he has coached a hockey team in the Richmond Minor Hockey Association. •

What Can You Do With Your Law Degree?

The CBABC and the Lawyers As­sistance Program of B.C. present "What Can You Do With Your

L A P Law Degree?" on Friday, Novem­ber 7, 2003 at the Plaza 500 Hotel, 500 West 12th Avenue Vancouver, B.C.

All of us need to know that we have options -that we don't have to feel trapped in an unsat­isfactory career or in a stale mode of practising law. If you want to learn more about your own options, about what your law degree really makes possible, book Friday, November 7th on your calendar. From 9:00 a.m. to 4:30 p.m. you'll engage in a practical exploration of where you want to be, and what steps you can take to get there. You'll also talk to others who

have already made changes. Past participants of the program have commented on the "excel­lent value" of the day, and reported high satis­faction with the content. "I feel re-invigorated to look at things in a different way," said one lawyer.

Registration is $90.95 ($85.00 plus GST) per person. The deadline for registration is Octo­ber 17'h -book now! Cheques payable to the Lawyers Assistance Program may be sent to: Lawyers Assistance Program, 415-1080 Main­land Street, Vancouver, B.C. V6B 2T4. Visa and Mastercard accepted. Fax: 604-685-2179.

For more information on this event call Derek LaCroix at 604-685-2171 or 1-888-685-2171. .

BarTalk Vol. 15/No. 4

Page 27: BarTalk | August 2003

LSS Launches Family Law Pilot Projects

he Legal Services Society (LSS), in collaboration with the private bar and other service providers, has launched several innovative pilot projects to help low-income family

clients who no longer qualify for legal aid rep­resentation under the society's coverage guide­lines. The projects range from providing fami­ly duty counsel in courts across the province to brief legal services through an enhanced Law Line.

In Fall 2002 and Spring 2003, LSS established family duty counsel (FDC) pilot projects in 11 communities across B.C. On family list days, duty counsel are available to provide advice and speak on unrepresented clients' behalf in court on simple matters. Priority is given to people who have matters in court that day.

Two of the pilots - in Surrey and Vancouver -provide expanded services, with duty counsel available on every court day. Expanded servic­es include helping clients prepare documents such as financial statements, consent orders, or family agreements that can be filed in fami­ly court. The Vancouver project operates in col­laboration with the family justice counsellors (FJCs) housed at the court.

Other FDC projects were launched between February and April on Vancouver Island (Col­wood, Nanaimo, and Victoria) , in northern B.C. (Prince George, Prince Rupert, Smithers, and Terrace), and in the interior (Kamloops and Kelowna). Initial feedback indicates these pilots are extremely valuable to clients as well as to the justice system.

By September 2003, LSS hopes to implement FDC projects in communities where there is an LSS local agent. Once those are in place, the so­ciety will look at adding FDCs in other family court locations.

This year, LSS and the Ministry of Attorney General's Family Justice Services Division began a family advice lawyer project to pro­vide up to three hours of free legal advice to

August 2003

low income parents experiencing separation or divorce. The service began as part of the Van­couver FDC project in November 2002. By Spring 2003, it was available in Kamloops, Kel­owna, Prince George, Surrey and Victoria. Qualifying clients may receive advice relating to custody, access, guardianship, and child support; property (limited); tentative settlement agreements; and court procedures. Legal advice is provided by LSS staff lawyers or private bar lawyers on the society's family duty counsel pi­lot rosters . Clients are referred by FJCs and child support officers.

LSS is also funding the Law Centre in Victoria to provide low-income, unrepresented people with services ranging from introductory family law information sessions and assistance with preparing family court documents, to summary advice and limited representation (for those who cannot represent themselves due to poor health or limited education).

These projects will continue until March 31, 2004. Project evaluations will increase the soci­ety's understanding of unrepresented litigants' needs and determine to what extent LSS can meet those needs through services ranging from Web-based information to limited legal representation and advice.

Two other initiatives are in the works. An ex­tended family services project will provide about 500 clients at greatest risk with up to 50 hours of legal time in addition to a standard emergency referral. A "Notice to Counsel" is­sued in July outlined the criteria for the pro­gram, which will be in place until March 2004. And a project intended to make mediation serv­ices available to LSS family clients is now in the planning stage.

As well, a pilot project to enhance Law Line services will include family law matters. From September 2003 until March 2004, this pilot will provide eligible low income people with brief legal services ranging from legal informa­tion and community referrals to legal advice, written opinions, and follow-up calls. •

Guest Column

Mark Benton

Mark Benton is the

Executive Director of the

Legal Services Society.

27

Page 28: BarTalk | August 2003

Web Column

Patricia Jordan

Patricia Jordan is the

CBABC Manager,

Interactive Media. She

welcomes your comments,

questions, and suggestions.

If you have a question

about site content, or

would like something added

to the site, contact her at

[email protected] or call

604-646-7861 .

Did you know?

Your computer is five times

more likely to be affected by

a security attack if you use

a digital subscriber line

(DSL) than if you use a

dial-up connection because

most DSL connections

operate continuously.

28

Message Boards Online Offering you greater functionality

n the February web column we asked members what they would like to see online. Several members asked for List­Serves (Message Boards). Message Boards are available for all Sections at

www.bccba.org under CBABC Sections. Look for your Message Board discussion link in your registered Section(s) under "My Regis­tered Sections." A general discussion Message Board is available in the Lawyer Lounge.

Our Message Boards provide a platform to ask questions, offer advice and share information online. Integrated features include attention messaging, e-mail participation, instant mes­saging, message search, online document stor­age, watch lists and white boards. With watch lists, you can mark a discussion topic that is of interest to you and be notified by e-mail when­ever a message is posted to that topic.

Attention messaging allows you to post mes­sages to another member's attention. You can mark messages posted to your attention in or­der to immediately see what's new. Messages sent to a member's attention are visible to other discussion members.

The Message Board's mailing list gives regis­tered members the option of participating in discussions via e-mail. After subscribing to a discussion mailing list, you will receive all messages posted to the discussion and may re­spond or post new topics via e-mail. Members who prefer to participate through a browser but want to know about new messages without logging on, can receive e-mail notification of discussions with new messages once a day.

Prior to participation on a Message Board, members must complete an online Participa­tion Agreement Form and send it to Fran Hodgkins, Sections Coordinator.

CBABC WEB FACTS

• BarTalk is the most popular destination for members atwww.bccba.org (Library)

• Members have downloaded the Real Property Standard Undertakings more than 400 times since April2003 (Library)

NEW SERVICES ONLINE

Articling Positions and Internships Sought in Human Resources

Member Dispute Resolution Service in the (Lawyer Lounge, under What's New)

NEW DOCUMENTS IN THE LIBRARY

Submission of the CBABC to the Ministry of Finance ofB.C. on the Real Estate Act Review Discussion Paper, May 2003

SubmissionoftheCBABC Corporate Counsel Section to the Law Society of B.C. on the Proposed Amendment to the Professional Conduct Handbook, May 2003

ASK THE WEBMASTER

Why do I need a firewall?

Firewalls and virus software offer vital protec­tion to your computer and network. Security ex­perts recommend companies move toward a protective network environment through the use of e-mail/ content filtering tools and antivi­rus / firewall software to protect against cyber intruders and virus attacks.

Firewalls offer perimeter protection but do not protect against viruses and worms. Firewalls block specified Internet systems, monitor out­bound application traffic, protect personal in­formation, provide immediate alerts, event in­formation and tracing, validate the flow of information to and from a business, and pro­vide multi-layered security.

Your firewall must be regularly configured and updated to ensure it protects your computer and network. For more information on fire­walls, visit www.downloads.com and search for "firewalls." •

BarTalk Vol. 15/No. 4

Page 29: BarTalk | August 2003

Nothing Official Q An introduction to something completely different

!(

I was called a couple months ago by Someone Important at the CBA who had read a few things I had written for the Globe and Mail and Macleans maga­zine. "Would you be interested in writ­

ing a column for BarTalk?" she asked. Then she cut to the chase. "Please don't say no. You see, I've actually been ordered to stalk you to get you to write a lighter column that doesn't nec­essarily tie into being a lawyer. Something light so that lawyers can look at BarTalk and have a good belly laugh. And by the way," she contin­ued, "we're not going to pay you, and if we get a lot of nasty letters about you or your column, we'll fire you and have someone write a regu­lar column on the Patent Act or the PPSA."

Good grief. They want comedy. And for free!

So, I suppose, to spare you more legislative up­dates on more Statutes, I said yes and that's why I'm here.

Until everyone gets tired of me, I'll be parked somewhere between the Web column and Law Foundation updates. If I win the BarTalk lot­tery, so to speak, and the column is a success, then I keep my job as a columnist for lawyers and more or less get to say whatever I feel like saying. Hopefully BarTalk will be found more regularly in lawyers' lounges and lawyers' washrooms instead of on lawyers' desks. Pub­lications in lounges and bathrooms, I have learned, actually get read, but publications on desks normally get filed. Because I'd rather be read than filed, if BarTalk is found more regu­larly in the bathroom stalls of our profession, I'll take that as a compliment and the CBA will let me keep writing.

If not, I suppose it's back to the Globe and Mail .

Humour isn't easy, and my track record in the genre is both poor and dangerous, as anyone who was with me at the UVic law school in the early 80's can attest to. I edited the Law School newspaper back then, and in particular, a col­umn called The Nose Knows. It was far more than a gossip column. It was a gossip column

August 2003

in which all the gossip was totally fabricated and so outrageous that it couldn' t be taken seriously by anyone.

I suppose that was its magic; it was actually meant to be unbelievable. When we circulated it every couple of months, you could hear the howls of laughter coming from all over the stu­dents' lounge. Although the subjects of our sat­ire were law students then, they're now senior partners with big firms and there's at least two judicial appointments who don't appear to have suffered adversely by appearing in our lit­tle National Enquirer. They laugh with me to this day about being lampooned in the Nose whenever we see one another. When I left, no­body picked up the column, and the law school paper went legit. Somebody said the liability insurance got too high for what we were doing.

That's not what I have in mind for this column. I have a mandate to talk about life outside the law and mid-life outside the office in the hope that my shelf life will be longer than yester­day's news.

I have grand visions of disclosing what two married lawyers talk about when they're forced to talk about the law. How you don't have to leave your spouse or your law firm to enjoy your mid-life crisis, you can just change your operating system! As a solicitor, I may poke fun at my litigator brethren, (only because I'm jeal­ous of their billings) . And I'll explain why 25 per cent of Vancouver lawyers think I'm a vi­rus just because all the firms I've worked at have blown up. I'll give wanna-be-novelists a heads up on how difficult it is to get a book published in Canada, even if you write a col­umn for BarTalk and know the publisher's per­sonal e-mail address. I'll talk about the collegi­ality of a bar in Vancouver (which I am a happy member of) where we're competitors and good friends too, then I'll explain about the same bar in Toronto issuing body armor and lessons in self defense to its members.

I intend to have fun at this. Because, as I used to say, the Nose Knows. •

Nothing Official

Tony Wilson

Tony Wilson is a Franchise

and Intell ectual property

lawyer at Cawkell Brodie,

and has written for the

Globe and Mail, the

Vancouver Sun and Macleans

magazine. His e-mail address

is twilson@cawkell .com

29

Page 30: BarTalk | August 2003

Prizes Galore!

Prizes were awarded for

numerous feats. Here are

just a few of the many con­

test winners:

Men's Longest Drive:

Tom Deutsch

Women's Longest

Drive: Penny Paul

Men's Closest to the Pin:

Gordon MacRae

Women's Closest to the

Pin: Emiko Ando

Most Honest Team:

Anjili Bahadoorsingh

Stacey Handley

ian Worland

30

7th Annual CBA/VBA Golf Tournament Best Ever The 71h annual Canadian Bar Association/ cial Planning and ProGroup Sales & Leasing. Vancouver Bar Association Golf Tournament held on June 26, 2003 was the most successful tournament to date!

Participants had a 1 p .m . shotgun start at the University Golf Club and golfed until around 6 p.m. -long enough for organizers to run out of "mulligans." After many bogies, pars and an eagle or two the duffers headed for the "19th Hole" for a fabulous buffet dinner. New this year was a slide show featuring participants demonstrating their swings and mingling on the course. During dinner contest winners re­ceived their prizes and a silent auction was held. The prizes were amazing and included weekend getaways, a golf set, putters, and clothing. See sponsors at right.

This year's event raised more than $8,900. Net proceeds will be donated to the CBABC Law Student Awards. Monetary awards are given to two law students (one at UVic and one at UBC) who best exemplify the ideals served by the Canadian Bar Association.

Special thanks to our major supporters, who each sponsored a hole: Coast Mailing Services Ltd., The Counsel Network, Dorsey & Whitney LLP, Dye & Durham, Mass & Company Finan-

Thanks also to the following sponsors who do­nated items for prizes and the silent auction: Begbie Reporting Services, Blake Cassels & Graydon, Blue Water Cafe, Coast Hotels & Re­sorts, Crystal Lodge Whistler, Delta Hotels and Resorts, D. J. Magrega & Associates, Eden Flo­rists, Elite Bailiffs, Fairmont Hotel Vancouver, Fish House Restaurant, Four Seasons Hotel, Gallery Cafe & Catering, Georgian Court Ho­tel, Grand Okanagan Hotel & Resort (Kelow­na), Hampton Inn & Suites, Harbour Air, Hotel Grand Pacific (Victoria), Hyatt Regency Van­couver, Image Group, Laurel Point Inn, Legal Freelance Centre, Lodging Ovations Club, Manteo Resort (Kelowna), Metropolitan Hotel, Monk McQueen's, Morton's of Chicago Steak­house, Opus Hotel, Pacific Palisades Hotel & Zin Restaurant, Park'N Fly, Pinnacle Lodge at Sun Peaks, Plaza Heritage Hotel, Plaza Herit­age Hotel (Kamloops), Prestige Inns, Rain City Grill, Rosedale on Robson, Sheraton Vancou­ver Wall Centre Hotel, Sun Peaks Mountain Resort, Sutton Place Hotel, The Printing House, The Teahouse Restaurant (Sequoia Restau­rants), Tigh-Na-Mara Resort, Vancouver Op­era, Vancouver Symphony, Wedgewood Hotel, Whistler Blackcomb Resort, and ZSA. •

UBC Mentor Reception Planned for October 2 The UBC Articling Committee in cooperation with the CBA would like to invite you to attend the 2003-2004 Mentorship Reception to be held at Cecil Green House, Thursday, October 2, 2003, 6251 Cecil Green Park Road, UBC.

The reception is open to all members of the le­gal community volunteering to mentor UBC law students. The reception provides a collegi­al environment bringing together mentors and students for an evening of networking oppor­tunities. This may be the initial place of contact for many mentors and students. Although only an initial meeting is scheduled, it is hoped the event will lay the foundation of a relationship that will continue during the student's career.

The CBA Mentorship Program matches stu­dents with mentors who share mutual legal in­terests. This is an excellent opportunity for mentors to share their experience and knowl­edge with students who are eager for career guidance. Mentors are an invaluable resource to students, and are able to offer insights into the legal community that would otherwise take students years to acquire.

If you are interested in participating in this year's Mentorship Program and sharing in the rewards of being a mentor, please contact Gail Sahota, of the UBC Faculty of Law Articling Committee ([email protected]). •

BarTalk Vol. 15/No. 4

(

Page 31: BarTalk | August 2003

((

Lawyers Rock The Commodore! Building on last year's highly suc­cessful event, more than 850 people attended the sec­ond annual Battle of the Bar Bands at the Commodore Ballroom on May 16, 2003. Nine bands represent­ing a variety of lawyers and musi­cians participated this year and raised more than $35,000 for the CBA Lawyers Benevolent Socie­ty. A panel of judg­

Jeevyn Dhaliwal of the "The Purdy Mouth Band," sings Shania Twain's Up! "Once people started danc­ing, they didn't stop - that

really energized us."

es, comprised of the Honourable Justices Sig­urdson, Smith, Bennett, McEwan, Humphries and Ralph presided over the festivities. Thanks to all the participating bands, and in particu­lar to the following event organizers and vol­unteers for their tireless efforts: Derek Brindle, QC and Catherine Sas (Event Co-Chairs); Terry La Liberte, QC, CBA Lawyer /Benevolent Soci­ety President; Tom Woods (Corporate Sponsor­ship); Roger Holland (Event Organizer); Sheryl Seale (Law Firm Sponsorship); Sylvia Jorger, Jodi Pashak and Lorna Marshall (Administra­tion); Alistair Eagle (Photographer- event pho­tos are available for purchase at www.PeopleShots.com); and Frank Kraemer, Kris Johnson and Sandra Webb of the CBA for their support. •

Murray Tevlin and Dan Burnett of"The Rain­dogs" electrify the crowd at the Commodore.

August 2003

"The Retainers" (fronted by Bruce Green) won the prestigious ZSA Cup as the band that directly

raised the most funds for the CBA Lawyers Benevo­lent Society by selling 124 event tickets.

Paul Seale and Howard Mickelson of "Still Living at Home" won the coveted Lexpert Cup for the best

band, repeating their victory from last year.

Thanks to the following event

sponsors:

• ZSA Legal Recruitment

• Searchlight Systems Ltd.

• The Counsel Network

• Commonwealth Insurance

• Lexpert Magazine

• Cartier Financial Services

• McKellar Group

• The Wedgewood Hotel

• Fitzpatrick & Associates

• Larry Myers

• MacKay Mynett

• Interlock

• ProGroup Sales & Leasing

• First Canadian Title

• Leitch Systems Design

• Hemlock Printers

• Canada Law Book

• West Coast Title Search

• Charest Reporting

• Lyon, Flynn & Coll ins

• BDO Dunwoody

• B.C. Shorthand Reporters

• Triage Data Solutions

• Malones Bar and Grill

• Columbia Pacific Consulting

• Kroll Lindquist Avey Co.

• United Reporting

• The Legal Freelance Center

• Matz-Wozny Tailors

• Office Essentials

• Dave Ciavarro

• Premiere Verbatim

Reporting

• Shadow Investigations

• Coastal Trademark Services

• Borden Ladner Gervais

• Lawson Lundell

(L-R) Roger Holland, CBC's Rick Clujf(the • Bull Heusser & Tupper

evening's MC), Tom Woods and Derek Brindle, QC · Fasken Martineau DuMoulin

celebrate the event's success. The CBA Lawyers Be- • Harris & Company

nevolent Society was created in 1997 in response to concern for our colleagues and their families who had

experienced crisis in their lives and needed help.

31

Page 32: BarTalk | August 2003

-LEAF ~ FAEJ

West Coast LEAF Annual Breakfasts

Watch for West Coast

LEAF's annual fundraising

breakfasts in Victoria in

October and Nanaimo in

November. Both events are

in recognition of Person's

Day, the day women in

Canada became legally rec­

ognized as persons. Dates

and speakers will be an­

nounced closer to the

event date. Visit West

Coast LEAF's Web site in

September for details:

www. westcoastleaf.org

32

Pat Pitsula Takes Helm at Pro Bono Law of B.C.

Pat Pitsula of Pro Bono Law of B.C.

Pat Pitsula is the new Executive Director of Pro Bono Law of B.C. (PBLBC). The Law Soci­ety of B.C. and the Ca­nadian Bar Association incorporated PBLBC to promote access to jus­tice by facilitating and coordinating opportu­nities for B.C. lawyers to provide pro bono le­gal services to people of

limited means, and by supporting programs delivering pro bono services. PBLBC believes that pro bono should complement, not replace,

government-funded programs to ensure access r to justice. Lobbying for a properly funded legal aid system is part of PBLBC' s mandate.

The linking power of www.probononet.bc.ca, enables lawyers to respond directly to needs identified by communities. To learn how you may become involved in this innovative pro­gram visit the Web site or call604-893-8932.

PBLBC is appreciative of funding from the Law Foundation of B.C., for both its operation­al expenses and also for the Poverty Law Training Project, that aims to support the pri­vate bar in providing pro bono poverty law services in B.C. •

Vancouver Young Lawyer To Intern in Africa

Delia Ramsbotham will intern in Africa

Congratulations to Delia Ramsbotham, a first year Associate at Davis & Company, who has been accepted into the Youth Interna­tional Internship Pro­gram. Delia is one of 10 young lawyers across Canada selected for this worthwhile pro­gram. In September she will begin a six month

work term in Windhoek, Namibia.

The CBA administers the Youth International Internship Program which is funded by the

Department of Foreign Affairs and Internation­al Trade. Through this program, young law­yers are placed in eight-month internships (they are overseas for between six and seven months of that time) to work with human rights legal organizations in Southern and Central Africa and Latin America.

The program has two objectives: to provide human rights legal organizations abroad with interns who have the expertise to make a pro­fessional contribution to their work; and to give young lawyers, at the start of their careers, in­ternational experience to help them obtain em­ployment in the field of law and international human rights legal work. •

Member Dispute Resolution Program Stressed out from conflict or poor communica­tion with a colleague or opposing counsel? Feel like you need some help resolving the problem, but it's not serious enough to call in the Law Society? The CBA has a new Member Dispute Resolution service, run by lawyer volunteers who will talk to you on a confidential basis to help work out disputes that aren't reportable

Law Society matters. This is your chance to talk the issue through with a lawyer mediator, and seek I -...

discreet counsel on how to handle it. ~ ~

For more information, call the Member Dispute Hotline at 604-646-7864 or visit the CBABC Web site (www.bccba.org). •

BarTalk Vol. 15/No. 4

Page 33: BarTalk | August 2003

CLE: New Books and Courses The Continuing Leqal Education Society of Brit1sh Co[umbia

THE BUSINESS CORPORATIONS ACT DRAWS NEARER

In preparation for the Business Corporations Act, work is being finalized on a brand new edition of the British Columbia Company Law Practice Manual. The two-volume publication will be the primary written resource for a two-day CLE conference, "The New B.C. Business Corpora­tions Act-An In-Depth Analysis," in Vancouver on September 22 and 23, Victoria on October 2 and 3, and Kelowna on October 23 and 24. Early registration numbers for the conference are unprecedented at CLE.

NEW B.C. LITIGATION RESOURCES HAVE ARRIVED

CLE has introduced several new B.C.-specific litigation resources and, judging by a steady stream of orders, they are doing a good job of meeting practice needs:

• In April, CLE proudly rolled out the British Columbia Civil Trial Handbook, one of the largest publication initiatives from CLE in recent years. Key information was assembled

about trial preparation and strategy from 28 of Vancouver's top advocates and judges.

• In July, CLE published the Annotated British Columbia Builders Lien Act-2003, a new handbook for lawyers and others in the construction industry. A team of lawyers from Alexander Holbum Beaudin & Lang has created a guide that provides rapid answers to questions relating to construction projects and builders liens.

• The Labour and Employment Law Transition Guide, another multi-author softcover, is designed to bring readers up-to-date with the sweeping changes to labour and employment legislation.

New Electronic Products at BCCLS Libraries

BCCLS is pleased to

announce that as of June,

2003, all B.C. Courthouse

libraries have access to two

new Internet subscriptions:

the British Columbia Statute

Service and the Canadian

• The newest CLE famil y law title, Human Rights Reporter.

Understanding Financial Information: A Family Lawyer's Guide provides practical advice on The British Columbia Statute

how to obtain financial information and use Service contains the ongoing

the information to effectively determine consolidation of the Revised

income and divide assets. Statutes of B.C. 1996, the

For more information, visit www.cle.bc.ca, or call 604-893-2121 or 1-800-663-0437. •

Regulations of B.C., and the

British Columbia Statute Cita­

tor. The statutes in this

service are more current

than those published by

MS Society's VLAP Program Thanks Volunteers the Queen's Printer on its

free site. The B.C. Statute

Service also provides a histo­

ry of amendments to each

statute whi le selected cases

that interpret statutory

language or intent are

linked to the text of the

The Multiple Sclerosis Society's Volunteer Legal Advocacy Program (VLAP) has been in successful operation since January 2002 due to the dedication of the many lawyers who have donated their time and expertise to the pro­gram. The MS Society's VLAP extends deep appreciation to its volunteer lawyers in recog­nition of their efforts to help people living with multiple sclerosis have access to justice and equality. Thanks to the following volunteer lawyers: Vaughan Allin; Sylvia Andrews; Ken­neth Armstrong; JoAnn Carmichael, QC; Dick Chan; Seema Chaskar; David Christian; Tim Delaney; Diana Dorey; Vicki Easingwood; Del Elgersma; John Grover; Gordon Kopelow; Jan Lindsay; Tim Louis; Malcolm Maclean; Kirsten Madsen; Brian McCrea; Mary McManus; Ed­ward Ng; Kathleen Packard; Elaine Reynolds;

August 200 3

Alan Ross; Sonja Sangui­netti; Shawn Smith; and Sadie Wetzel.

Special thanks for the continued support and commitment of Charlotte

MS Multiple Sclerosis Society of Canada

tl VOLUNTEER LEGAL ADVOCACY PROGRAM

Ensminger of Pro Bono Law of B.C., Glenn Gal­lins of the Law Centre and John Pavey of the Salvation Army Pro Bono Program. VLAP would also like to recognize the Law Founda­tion of B.C. and the Notary Foundation of B.C. for their funding.

For more information on the program, or to vol­unteer for VLAP, please contact Adrianne Boothroyd at 604-602-3204 (or e-mail [email protected]). •

relevant section.

The Canadian Human Rights

Reporter Internet subscrip­

tion provides the full text

of all the decisions in the

Canadian Human Rights

Reporter, as well as recent

unreported human rights

decisions.

3 3

Page 34: BarTalk | August 2003

Indoor Air Quality Conference

The Air and Waste Man­

agement Association and

the newly formed Canadian

"Healthy Indoor Partner­

ship" (HIP) will co-sponsor

an international policy con­

ference on indoor air quali­

ty/healthy indoor environ­

ment in Vancouver,

September 28-30, 2003 .

The conference will focus

on Canada's IAQ/healthy

indoor pol icies, guidelines

and regulations, toxic

mould and biological haz­

ards; and design, construc­

t ion and operation of

healthy sustainable build­

ings.

For more information on

the conference, visit

www.awma.org/events/

confs/lnti iAQ/default.asp .

34

Law Foundation of B.C.

Grants Approved

The Board of Governors of the Law Foundation of B.C. met on June 14, 2003. Chair Don Silversides, QC is pleased to announce that funding totalling $5,965,437 has been approved for the following 74 programs and projects:

Continuing Programs

B.C. COURTHOUSE LIBRARY SOCIETY Operating Grant- $2,190,200

B.C. PUBLIC INTEREST ADVOCACY CENTRE Operating Grant- $486,800

CANADIAN BAR ASSOCIATION, B.C. BRANCH Dial-A-Law, Lawyer Referral and Law Week­$247,100

ABBOTSFORD COMMUNITY SERVICES SOCIETY AND PROGRESSIVE INTERCUL· TURAL COMMUNITY SERVICES SOCIETY Legal Advocacy Program- $90,000

B.C. COALITION TO ELIMINATE ABUSE OF SENIORS Legal Advocacy Program- $90,000

CRANBROOKWOMEN'S RESOURCE SOCIETY Travelling Poverty Law Advocate Program­$81)02

KI·LOW-NA FRIENDSHIP SOCIETY Legal Advocacy Services for Aboriginal People Living Off-Reserve - $75,000

MOSAIC Paralegal Advocacy Program - $73,700

KOOTENAY REGION METIS ASSOCIATION Aboriginal Family Law Program for East and West Kootenay Regions- $73,600

SUPER PAGES Advertisement of Public Legal Services­$71,100

KETTLE FRIENDSHIP SOCIETY

THE@uw FOUNDATION OF BRITISJ I CULLfMBIA

Mental Health Legal Advocacy Program­$70,000

JUSTICE FOR GIRLS OUTREACH SOCIETY Street Level Outreach Legal Advocacy Program for Girls- $66,103

TOGETHER AGAINST POVERTY SOCIETY Legal Advocacy Program- $59,500

PORT ALBERNI FRIENDSHIP CENTRE Legal Advocacy for Persons with Disabilities and Mental Health Issues- $58,960

ACTIVE SUPPORT AGAINST POVERTY Advocacy Services - $57,160

LEGAL SERVICES SOCIETY PovNet Operating Grant- $55,000

MENTAL PATIENTS' ASSOCIATION Court Services Program- $45,000

CONTACT WOMEN'S GROUP SOCIETY Legal Advocacy Program- $40,000

SOUTH SURREY/WHITE ROCK WOMEN'S PLACE Legal Advocacy Program- $40,000

Advocacy Project Grants

HAIDA GWAII LEGAL SOCIETY Legal Education/ Advocacy Project- $100,000

LILLOOET FRIENDSHIP CENTRE Advocacy Project- $100,000

NAWICAN FRIENDSHIP CENTRE Legal Advocacy Project- $100,000

UPPER SKEENA COUNSELLING AND LEGAL ASSISTANCE SOCIETY Advocacy Project- $100,000

PENTICTION AND AREA WOMEN'S CENTRE Advocacy Project- $99,724

BarTalk Vol. 15/No . 4

Page 35: BarTalk | August 2003

KAMLOOPS AND DISTRICT ELIZABETH FRY SOCIETY Poverty Law Advocacy Project - $88,625

NICOLA VALLEY FAMILY JUSTICE SERVICES SOCIETY Advocacy Project- $85,715

NANAIMO CITIZEN ADVOCACY ASSOCIATION Advocacy Project- $80,250

PRINCE RUPERT UNEMPLOYED CENTRE SOCIETY Advocacy Project- $34,000

Project Grants

B.C. LAW INSTITUTE Community Law Reform Project- $75,000

CANADIAN BAR ASSOCIATION, B.C. BRANCH Translate Dial-A-Law Phone Tapes into Punjabi and Cantonese - $75,000

INTERNATIONAL INSTITUTE FOR CHILD RIGHTS AND DEVELOPMENT Research and Education Initiative on Child Participation in Family Court- $75,000

LEGAL SERVICES SOCIETY Public Legal Education and Information Needs Assessment- $75,000

PRO BONO LAW OF B.C. SOCIETY Poverty Law Training Project- $75,000

411 SENIORS CENTRE SOCIETY AND REPRESENTATION AGREEMENT RESOURCE CENTRE Seniors and the Web Legal Information - $70,000

B.C. DISPUTE RESOLUTION PRACTICUM SOCIETY Family Mediation Practicum Pilot- $65,000

CONTINUING LEGAL EDUCATION SOCIETY Family Law Materials Addition to CLE Web site- $65,000

LAW SOCIETY OF B.C. Post-Call Education and Competence Support - $55,000

August 200 3

MOSAIC Public Legal Education for Advocates Supporting Newcomers- $50,000

COMMUNITY LEGAL ASSISTANCE SOCIETY Poverty Law Advocacy Needs Assessment Project - $44,500

SOCIAL PLANNING AND RESEARCH COUNCIL OF B.C. Poverty Law Needs Project- $42,500

KERMODE FRIENDSHIP CENTRE Restorative Justice Workshops and Handbook - $40,000

NANAIMO MEN'S RESOURCE CENTRE Family Law Education Workshops- $35,000

PEOPLE'S LAW SCHOOL SOCIETY ESL Initiative - $33,819

PRINCE GEORGE HOUSING COALITION Landlord/Tenants' Clinic/Workshops ­$28,625

B.C. COALITION OF PEOPLE WITH DISABILITIES Disability Benefits Appeal System Legal Education - $23,774

LAW COURTS EDUCATION SOCIETY Coordination of Services for Self-representing Litigants - $20,000

Small Project Grants

A list of the 28 Small Project Grants totalling $258,580 approved at the June 14, 2003 Board of Governors' meeting will be included in the next issue of BarTalk and can be viewed at www.lawfoundationbc.org (see Summer 2003 Bulletin) . •

Send Letters to the Editor to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B.C. Branch lOth Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Fax: 604-669-9601 Toll free fax: 1-877-669-9601 E-mail: [email protected]

BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, B.C. V6B STl TEL: 604-687-3404 TOLL FREE in B.C., outside the Lower Mainland: 1-888-687-3404

FAX: 604-669-9601 TOLL FREE in B.C., outside the Lower Mainland: 1-877-669-960 I

• SarTalk Senior Editor: CAROLINE NEVIN 604-687-3404, EXT. 320 [email protected]

• Bar Talk Editor: SANDRA WEBB 604-687-3404, EXT. 318 [email protected]

• Editorial Board Chair: KENNETH ARMSTRONG karmstronglaw@ shaw.ca

• Editorial Board Members: VIKKI BELL, QC WILLIAM S. CLARK DIANA DAVIDSON KAY MELBYE CHRISTINE MINGlE

© Copyright the British Columbia Branch of the Canadian Bar Association-2003.

This publication is intended for inform­ation purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel.

The Canadian Bar Association, B.C. Branch represents more than I 0,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

3 5

Page 36: BarTalk | August 2003

UVIC GRAD SEEKS ARTICLING OPPORTUNITY in September or January. Call John at 250-592-8234 or [email protected]

ASSOCIATE with 0-2 years experience required . Send resume and law school transcript(s) in confidence to Fleming Olson & Taneda, Langley, B.C., fax: 604-533-8749 attention: Donald C. MacDougall or e-mail: [email protected].

SEEKING LITIGATION AND MATRIMONIAL Lawyers to join with an established group oflawyers (mainly solicitors) in a cost sharing office in West Vancouver. Please contact Julian Porritt ofVeritas Law at 604-925-9260 or [email protected] .

LITIGATION/FAMILYLAWYER,2-5years experience required for Duncan law firm. Please forward resume, in confidence to Donald R. Orchard, 321 St. Julian Street, Duncan, B.C. V9L 3S5.E-mail: [email protected]

WCB Do you need help with WCB problems?

Are you Plaintiffs counsel facing an ICBC Section 10 defence?

- 604-267-3033 -• Extensive experience with WCB appeals • Vice Chair at Review Board for 6 years • Personal injury litigation for 25 years • Available for WCB appeals, expert

opinions, court applications and trials.

Vahan A. Ishkanian Cell 604-868-3034 Fax 604-264-6133

[email protected] 1100-1200 W 73rd Ave Vancouver V6P 605

Classified Ads---- ---Required : 2-4 year call fo r an active, growing, general solicitor practice in a small B.C. Interior community. Good prospect of partnership for the right person who evidences skilled, self­starter, congenial qualities. Professionally satisfying, financially rewarding position . Excellent lifestyle opportunity . Reply in confidence to : cb [email protected]

JUNIORLITIGATIONLAWYERSWANT­ED-Vemon,B.C. Nixon Wenger, North Okana­gan's largest law firm is seeking two Junior Litigation Lawyers. Nixon Wenger is a law firm of 15 lawyers that has both a national and an international client base. Salary and Compensa­tion package commensurate with experience. Please e-mail resume in confidence to the atten­tion of: Douglas G . Lem iski at [email protected] or fax 250-542-7273.

COST SHARE with other lawyers in downtown office. All systems in place. Solicitors preferred, but barristers welcome to apply. Referral of work available for those with less than full practice. Pay either by fixed cost or percent of billings. E-mail [email protected] attn: "Box 103"

NEW OFFICE SPACE FOR LEASE Broadway at Burrard St. 4,000 sq. ft. Air conditioned, one floor, clear span, private elevator, outside terrace area, will partition to suit, parking, competitive rental rate. Please contact owner: T.G. Peters 604-224-0989.

Office for sublet within existing 5 person law practice. Downtown Vancouver at 12th fir, Bute and Georgia. Networked. ViewofCoal Harbour. Contact K. Cawkell or S. Brodie at 604-684-3323 or by e-mail at [email protected]

SEEKING A CONVEYANCING LAWYER to buy a busy East Vancouver practice. Wills, mortgages & real estate. 80K. 604-240-9930.

Member Services

Central Alberta solicitor's practice for sale. For information call R. Wyrozub 403-783-5521.

ATTENTION VANCOUVER ISLAND & LOWERMAINLANDATTORNEYS:Would anyone having assisted Gertrude Ann Sim and her husband Richard, with updating their last WILL, or having knowledge of its whereabouts, please contact Richard's POA and brother, John F. Sim at 604-936-4366.

Advertise online! www.bccba.orghas 2 areas to advertise. See the HRarea & the Lawyer Lounge.

Advertising

CLASSIFIED AD RATES CBABC members ..... ....... .. ...... $25 per line Non-Profit Organizations ..... .. . $30 per line Commercial Organizations .. .. ... $40 per line Next deadline: September 12

DISPLAY AD RATES 3 x 1 column CBABC members .. .... ... ... .. .. ... ... ...... ... $450 Non-Profit Organizations .. .. ... .. .......... $575 Commercial Organizations .... .. ....... .. ... $750 1/3 page CBABC members ....... .... ...... .. ......... $1,300 Non-Profit Organizations ... .. ... .... .... $1,600 Commercial Organizations ..... ..... ..... $2,200 Next deadline: September 12

INSERT RATES (all ofBC) CBABC members ....... ...... ...... ....... .. $1,200 Non-Profit Organizations .. .. ...... ...... $1,400 Member Services .... ..... ... ...... ..... .... .. $1 ,7 50 Commercial Organizations .. .... ... ..... . $2,000 Next deadline: September 19 Next mailing date: October 10

Please direct advertising inquiries to Sandra Webb at 604-646-7856 or 1-888-687-3404, ext. 318 (e-mail [email protected]).

CBABC members have access to a wide range of products, services and discounts. Member Services is continually adding and looking for ways you can get the most out of your membership! Visit www.bccba.org for new additions. Your input is always welcome - send your suggestions to [email protected]. Member Services Hotline: 604-687-3404, ext. 500 or 1-888-687-3404, ext. 500.

CBABC PREFERRED HOTELS

The CBABC Member Services Committee works hard to negotiate special rates with preferred hotel suppliers. We need the help of members to ensure bookings are made at our preferred hotels under the CBABC agreement. This way, we have greater bargaining power when negotiating rates. We have requested that our preferred hotels transfer all bookings made by B.C. lawyers to their CBABC accounts.

36

When making a reservation with a CBA preferred supplier, please book as a CBABC member.

MEMBER SERVICES UPDATE

In October, Member Services information will be presented as a BarTalk insert. The information will include a current list of Member Services and Preferred Suppliers, and an­nouncements about new promotions and products. •

BarTalk Vol. 15/No. 4