13
Published by Law Courts Center and the Canadian Paralegal Institute APRIL 2014 M any temporary and standard articling positions in Victoria and on Vancouver Island are not advertised in the UBC and UVic careers offices. There is a great deal that a motivated applicant can do to secure articles. It takes time and persistence, but virtually almost all who stick with it eventually achieve success. Undertake some research to develop a list of a minimum of 50 potential firms that you wish to apply to. This is easy research to do effectively - review the Yellow Pages (yes, older and established lawyers still spend money on these ads and the ads clearly reflect their target various practice areas), the joint CBA / Law Society of BC on-line articles registry, the internet, family, friends, professors and, of course, the career centre who may have a good knowledge of various firms. If not already done, polish your cover letter and resume. Do not consider sending these out without having them checked over carefully by a minimum of three others including, if at all possible, your law school career centre and, as well, a practicing lawyer. Apply to your top 10 firms. Be sure to send a resume and individual covering letter personalized to that firm. Follow up by phone at least once with each firm to ensure that your application was received and that it contains all of the information required. Give this process three weeks. Consider calling each firm at least once more to follow up - and possibly more if considerable time has elapsed since the last contact. If you do not have interview opportunities or a realistic prospect of an offer within three weeks, apply to the balance of your 40 firms. If you do not have time to personalize each covering letter, convert it into a generic letter. Do not hesitate to send your package out to 100 firms if you are so inclined. Follow up within approximately two weeks with a phone call to each firm, working systematically through your list. If you get no leads then call again in six weeks and then perhaps six months, to see if anything has changed or if that firm now has any knowledge of other leads in that community. Be particularly diligent in following up with your favourite firms things often change in a matter of weeks. They will be pleased by your interest in them. If you are invited to meet with anyone whatsoever and particularly a practicing lawyer, ALWAYS wear your best business suit or outfit and take at least one extra copy of your resume. You will be judged on many things but your appearance and preparation for that meeting will be two of them. Remember the lawyer who has agreed only to vet your resume may well have had a job open up at his or her firm by the time arrive to meet with him or her. It is also considerate and smart to have researched a bit about the lawyer who has agreed to meet with you. A very common phrase cited to us is that a student wishes only to work with a firm that is a good 'fit'. This is a worthy goal, and getting a job at your ideal firm that you think may be an excellent fit, is a great thing if it can works out. However, the gateway to getting that ideal legal position is getting called to the Bar. Casting your net very narrowly at the beginning of your search deprives you of most of your chances to actually obtain articles. No articles at all is a far more serious problem than not starting out with an ideal fit. Many firms that you will not have heard of may well turn out to be an ideal fit in the end anyway. Keep open to suggesting shared articles. Many small firms may not be able to handle a full-time student but can share the expense and responsibility with another firm. Mention this option in interviews to see if it has appeal as an approach to securing articles. It may well be that you have to put the firms together yourself ... don’t be shy! (continued to page 4) www.lawcourtscenter.com April 8 Justice Walker: Preparing SRLs for court April 9 MVA Active Rehabilitation Workshop 101 April 10 Law Office Accounting 101 April 17 Trial Preparation for Plaintiff Firms 101 April 28/29 Civil Litigation 102 May 13 Elder Law: Working with older adults May 14 Trust Accounting 101 In-Person / Webinar May 17 MVA Active Rehabilitation Workshop 101 May 31 Family Chambers Application Procedures June 7 Part 7 Benefits 101 June 10 Identifying & responding to elder abuse June 20 Drafting Applications Workshop 101 June 21 Chambers Application Procedures 101 June 24 Complex Litigation 301 How Can I Find Articles in Victoria or on Vancouver Island?

How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

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Page 1: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Published by Law Courts Center and the Canadian Paralegal Institute APRIL 2014

Many temporary andstandard articlingpositions in Victoria

and on Vancouver Island arenot advertised in the UBC andUVic careers offices. There isa great deal that a motivatedapplicant can do to securearticles. It takes time andpersistence, but virtuallyalmost all who stick with iteventually achieve success.

Undertake some research todevelop a list of a minimum of50 potential firms that youwish to apply to. This is easyresearch to do effectively -review the Yellow Pages (yes,older and established lawyersstill spend money on these adsand the ads clearly reflecttheir target various practiceareas), the joint CBA / LawSociety of BC on-line articlesregistry, the internet, family,friends, professors and, ofcourse, the career centre whomay have a good knowledgeof various firms.

If not already done, polishyour cover letter and resume.Do not consider sending theseout without having themchecked over carefully by aminimum of three othersincluding, if at all possible,your law school career centreand, as well, a practicinglawyer.

Apply to your top 10 firms.Be sure to send a resume andindividual covering letterpersonalized to that firm.Follow up by phone at least

once with each firm to ensurethat your application wasreceived and that it containsall of the informationrequired. Give this processthree weeks. Consider callingeach firm at least once more tofollow up - and possibly moreif considerable time haselapsed since the last contact.

If you do not have interviewopportunities or a realisticprospect of an offer withinthree weeks, apply to thebalance of your 40 firms. Ifyou do not have time topersonalize each coveringletter, convert it into a genericletter.

Do not hesitate to send yourpackage out to 100 firms ifyou are so inclined.

Follow up withinapproximately two weeks witha phone call to each firm,working systematicallythrough your list. If you getno leads then call again in sixweeks and then perhaps sixmonths, to see if anything haschanged or if that firm nowhas any knowledge of otherleads in that community. Beparticularly diligent infollowing up with yourfavourite firms things oftenchange in a matter of weeks.They will be pleased by yourinterest in them.

If you are invited to meet withanyone whatsoever andparticularly a practicinglawyer, ALWAYS wear your

best business suit or outfit andtake at least one extra copy ofyour resume. You will bejudged on many things butyour appearance andpreparation for that meetingwill be two of them.Remember the lawyer whohas agreed only to vet yourresume may well have had ajob open up at his or her firmby the time arrive to meet withhim or her. It is alsoconsiderate and smart to haveresearched a bit about thelawyer who has agreed tomeet with you.

A very common phrase citedto us is that a student wishesonly to work with a firm thatis a good 'fit'. This is a worthygoal, and getting a job at yourideal firm that you think maybe an excellent fit, is a greatthing if it can works out.However, the gateway togetting that ideal legalposition is getting called to the

Bar. Casting your net verynarrowly at the beginning ofyour search deprives you ofmost of your chances toactually obtain articles. Noarticles at all is a far moreserious problem than notstarting out with an ideal fit.Many firms that you will nothave heard of may well turnout to be an ideal fit in the endanyway.

Keep open to suggestingshared articles. Many smallfirms may not be able tohandle a full-time student butcan share the expense andresponsibility with anotherfirm. Mention this option ininterviews to see if it hasappeal as an approach tosecuring articles. It may wellbe that you have to put thefirms together yourself ...don’t be shy!

(continued to page 4)

w w w . l a w c o u r t s c e n t e r . c o mApril 8 Justice Walker: Preparing SRLs for courtApril 9 MVA Active Rehabilitation Workshop 101April 10 Law Office Accounting 101April 17 Trial Preparation for Plaintiff Firms 101April 28/29 Civil Litigation 102May 13 Elder Law: Working with older adultsMay 14 Trust Accounting 101 In-Person / WebinarMay 17 MVA Active Rehabilitation Workshop 101May 31 Family Chambers Application ProceduresJune 7 Part 7 Benefits 101June 10 Identifying & responding to elder abuseJune 20 Drafting Applications Workshop 101June 21 Chambers Application Procedures 101June 24 Complex Litigation 301

How Can I Find Articles in Victoria or on Vancouver Island?

Page 2: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

While each soft-tissue injury is unique, there are standards that parties should be alive to. For the

injured party and their counsel, to determine what is the best course of action to take on order to

mitigate their injuries. For insurance companies and their counsel, to determine what are the cost

effective solutions that they should authorize to get the most out of rehabilitation costs.

SCHEDULE FOR APRIL 9 AND MAY 17 2014 (9:00 AM TO 2:30 PM)

Law Courts Center

MVA Active Rehabilitation 101 – Understanding Soft Tissue Injuries

Page 3: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Registration: Select from two dates: q April 9 2014 q May 17 2014

WWW.LAWCOURTSCENTER.COM

Course Fees: (handouts and GST 128573300 included) q Single Seat $262.50

q Multi-Seat and Amici Curiae Group Rate $236.25

1403 B!

LOCATION Law Courts Center Suite 150-840 Howe St Vancouver BC V6Z 2L2

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGThis course is an elective in Canadian Paralegal Institute’s Qualified Paralegal Program in Civil Litigation.For your mandatory reporting of CPD hours, this course is 5.0 hours with 0.0 hours devoted to professionalresponsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least 70% ofthe course requisites.

FACILITATORS:

CAT LOWE, BHK Kinesiologist

DOM BAUTISTA Law Courts Center Executive Director

MVA Active Rehabilitation (MAR 101)

Understanding Soft Tissue InjuriesThese are learning outcomes for this course:

At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:1. Learn about principles of active rehabilitation as it applies to soft-tissue injuries;

2. Identify what the musculoskeletal areas that should be the focus of assessments;

3. Using normative values understand what the appropriate amount of rehabilitation exercises should be;

4. Identify what makes for an effective initial assessment report; and5. Develop best practices to mitigate injuries or to maximize rehabilitation costs.

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

Page 4: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

This is your best opportunity to learn about the Civil Rules of Court as they apply to trial preparation. You will work withthe different Forms and learn how they can impact your case. This course is a prerequisite to the intermediate level

course. For those with trial experience, you will pick up new strategies and for those new to trial preparation, you will learnwhat must be done and when.

Within the context of the new Civil Rules, this course will cover these topics:• When does trial preparation really begin?

• Developing your documentary evidence.

• Optimizing your experts and their reports.

• Lay witnesses: where to find them and how to keep them.

• Applicable Rules of Court.

• Managing costs for a successful Bill of Costs.

• Reading the opposition.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING

For lawyers and other professionals, this course provides 7.0 CPD hours, with 1.0 hour devoted to professionalresponsibility and ethics.

A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites.

LOCATION Law Courts Center CPD Room, 150 - 840 Howe St Vancouver BC V6Z 2L2.

INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator

For more information please call 604-685-2727 or write: [email protected].

REGISTER ONLINE:www.lawcourtscenter.com

REGISTRATION (INCLUDES GST #128573300)

q Single Seat $548.80

q Multi-seat or Group Rate for members of Amici Curiae $521.36

q Please send me a copy of the manual only as I am not able to attend. $246.75

1402 B!

www.lawcourtscenter.com150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

SCHEDULE FOR APRIL 17 2014 (9:00 AM TO 5:00 PM)Law Courts Center

Trial Preparation for Plaintiff Firms 101Mastering the Civil Rules of Court & Best Practices in Trial Preparation

Page 5: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

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Once you have beenretained by a personwho has been injured

in a motor vehicle accident,there are several things thatmust be done to ensure yourclient’s claim is underwayand advancing in a timelyfashion.

Your basic auto plan policyhelps pay for your medicalcare and treatment. Medicalbenefits (Part 7) coverage isfor anyone injured or killedin a motor vehicle accident inBC or any BC residentinjured or killed in NorthAmerica. Medical benefitsinclude coverage for ambu-lance services, medications,chiropractic, registered mas-sage therapy, kinesiology andphysiotherapy treatments.Pursuant to section 88(1c) ofthe Insurance (Vehicle)Regulations, ICBC isrequired to pay all reasonableand necessary expenses formedications and therapy.

Not all therapies are includedsee S. 88(1) of theRegulations. Treatments suchas kinesiology and massageare subject to the “corpora-tions” medical advisor whichin many cases will be theclient’s general practitioner(GP).

Chiropractic, RegisteredMassage Therapy andPhysiotherapy treatments aremandatory benefits whichICBC is required to pay for;however they will only payfor these therapies if they arecommenced shortly after theaccident (8 weeks – this is apolicy of ICBC and appliesto massage therapy). ICBCwill only pay for a limited

number of treatments, andwill not pay for treatment forserious life threateninginjuries that may not suffi-ciently heal within that timeframe. It is highly importantto recommend to your clientthat they see their generalpractitioner as soon as possi-ble after the accident for anassessment, even if they feelthey have not sustained anyinjuries. Even a minorinjury could be a significantone that requires treatment.High levels of adrenalinetend to mask symptoms afteran accident. As generalpractitioners are aware, oncethe adrenaline levels subside,pain is usually felt.

Continued visits to the GPare required so that the doctor can make his notesregarding the motor vehicleaccident date, location of theaccident, whether the policeand ambulance attended thescene, any hospital involve-ment and the injuries sustained at that time. Theserecords and a medical legalreport will be obtained at alater stage in the claim.

Referrals will be made bythe GP for one or more treatments with a massagetherapist, physiotherapist orkinesiologist. Referrals fromthe GP are not needed forchiropractors, but gettinghelps bolster credibility.ICBC usually only pays for12 sessions/visits. MSP no longer pays for thesetreatments.

If further treatments arerequired, another referralwill need to be obtainedfrom the general practitioner

and the referral should contain the:• Date;• Further treatment isrequired; • Treatment is required as a result of the motorvehicle accident;• Number of treatments heis recommending;• Opinion of beingrequired to be reassessedafter a specified date;• (optional) referral for adifferent mode of treat-ment; and• Doctor’s signature.

ICBC has new policies ineffect in some offices. Someclaim offices require theclient take the referral direct-ly to the treatment caregiverand then the caregiver wouldcontact the adjuster directlyfor approval, the length oftreatment, whether a workhardening program would beof a benefit and their directbilling procedure , etc. Acopy of the referral shouldalso be provided to thelawyer for the file. If yourclaim centre does not followthis procedure, then youshould contact the adjusterand provide the referral tothe adjuster for approval. Be sure to check to ensurereferrals and further referralsare handled appropriatelyand on a priority basis.ICBC will pay a rate which

Extending Physiotherapy, Registered Massage or Chiropractor Treatments

2 P E R S O N A L I N J U R Y S T U D I E S

is approximately $23.00 pervisit. ICBC does not pay theuser fees which are theresponsibility of the injuredparty.

If the client is not receivingmonies from their Short /Long Term Disability Plan,EI Sick Benefits, or CPPDisability Benefits eitherbecause they do not qualifyor there is no plan and isawaiting total temporary disability benefits fromICBC, it can be difficult topay for these treatments.There is an option which isavailable through some ofthe caregivers, a “Directionto Pay” which essentiallyallows the injured person tocontinue with their treat-ments without having to paythe user fees up front, whichcan be anywhere from$25.00 - $50.00 per visit.The facility will keep a running total and this mustbe paid in full at the time ofsettlement, before the clientreceives their settlementmonies. While it may bedifficult finding a therapist toagree to a Direction to Pay,but it is always an avenuewhich should be looked in tofor the client’s recovery. !

Gerrie Campbell is a seniorparalegal with Bronson Jones& Company. She will presentP7B 101 on June 7, 2014.

Exhibit Stamp self inking $50

This is Exhibit “ ” referred to in theaffidavit of .....................................sworn before me at ......................this ........ day of ............... 20 ...............................................................

A Commissioner for taking Affidavitswithin British Columbia

Page 6: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

This two day program is designed for juniors to gain an understanding of the civillitigation process and its Rules. At the end of their studies, the attendees will be able

to put the theory into practice and they will have the tools to successfully assist in a civillitigation file from start to finish.

“The explanations made a difference. It is easier to have someone with

so much experience lay it all out rather than just reading the Rules.”

COURSE PREREQUSITEThere is pre-course work that will be assigned.

COURSE REPORTING FOR CPDThis is a mandatory course for the Canadian Paralegal Institute QualifedParalegal Program in Civil Litigation. For those with CPD requirements, this course is 14.0 hours long with 1 hourdevoted to ethics, professional responsibility, ethics, client care and relations. If you meet 70% of the course expectations, a Certificate of Completion is issuedto you.

LOCATION Law Courts Center CPD Room 840 Howe St #150 Vancouver BC

INSTRUCTOR Kate Austin, Paralegal, Nathanson Schachter & Thompson LLP

RESERVATIONS Please complete the form below and return to: Law Courts Center,Legal Education Program, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2.Make cheques payable to Law Courts Center.

For more information please email <[email protected]>, or call604-685-2727.

For junior lawyers, solos,paralegals and legal secretaries!

SCHEDULE FOR APRIL 28 AND 29, 2014 (9:00 AM TO 5:00 PM)

Law Courts Center • Canadian Paralegal Institute

Civil Litigation 102

““Let me showyou how thedifferent parts ofcivil litigation areconnected! ” ”

Course Fees: (course materials and HST included) - Single Seat $924.00

- Multi-seat & Accredited Group Rate (Amici Curiae & Greater Vancouver Legal Nurse Consultant Association) $872.55

- Please send me a copy of the manual only as I am not able to attend. $246.75

Registration:WWW.LAWCOURTSCENTER.COM

150-840 Howe Street, Vancouver, BC Canada V6Z 2L21402B!

Page 7: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Law Courts Center • Canadian Paralegal Institute 150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1207 B!

Law Courts Center • Canadian Paralegal Institute

Civil Litigation 102

9:00 – 9:15 Introductions / Expectations / Housekeeping

9:15 – 9:30 Background and Applicable Legislation

9:30 – 9:45 Rules / Notices to the Profession / Practice Directions

9:45 – 10:15 Provincial Court of BC / Small Claims Court

10:15 – 10:30 Coffee10:30 – 11:00 Pre-Action Considerations11:00 – 11:15 Limitation Periods11:15 – 11:30 Naming Parties11:30 – 12:00 Pleadings Generally

- NCC- Response- Reply

12:00 – 12:45 Lunch (on your own)12:45 – 1:15 Field Trip to the

Supreme Court of BC

1:15 – 1:45 Exercise – Drafting Pleadings

1:45 – 2:15 Amending Pleadings2:15 – 2:30 Service 2:30 – 2:45 Calculation of Time2:45 – 3:00 Coffee3:00– 3:15 Exercise – Calculation of

Time3:15 – 4:15 Discovery Procedures

- List of Documents- Examination for Discovery- Interrogatories- Notice to Admit- Witness Lists- Notice to Produce

4:15 – 4:45 Exercise – List of Documents

4:45 – 5:00 Questions / Review Assignment / Reading

This is what will be doing on Day 1

This is what will be doing on Day 29:00 – 9:15 Expectations /

Review of Day 19:15 – 9:45 Applications Procedure9:45 – 10:15 Exercise – Application10:15 – 10:30 Document Collection

and Management10:30 – 10:45 Coffee10:45 – 11:00 Pre-Trial Considerations11:00 – 11:30 Trial Preparation /

Trial Management Conference

11:30 – 12:00 Case Planning Procedure12:00 – 1:00 Lunch (on your own)1:00 – 1:15 Alternatives to Trial

Generally1:15 – 1:45 Fast Track Procedures

1:45 – 2:00 Review Exercise: Counting Time

2:00 – 2:15 Offers to Settle and Mediation

2:15 – 2:30 Orders Generally2:30 – 2:45 Coffee2:45 – 3:15 Orders – Consents

/ Chambers / Trial3:15 – 3:45 Exercise – Orders3:45 – 4:15 Costs and

Tariff Items (Appendices B & C)

4:15 – 4:45 Review: Legal Jeopardy4:45 – 5:00 Questions /

Review Assignment / Reading

Page 8: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

This course will provide you with an understanding and a hands on practice in identifying the

difference between Part 7 benefits and special damages and in calculating Total Temporary

Disability (TTD) benefits.

At the end of your studies, you should be able to correctly:

1. Determine what documents must be submitted to perfect an application for Part 7 accident benefits.2. Describe how you calculate the limitation date for a claim for Part 7 benefits?3. Explain why is it inappropriate to combine a Part 7 claim and a tort claim in the same action?4. Calculate how many weeks are Employment Insurance benefits payable before TTD benefits aretriggered? 5. Determine who is eligible to receive "homemaker's" benefits and how much is payable weekly for thisPart 7 benefit?6. Clearly explain to a client what their Part 7 benefits are.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGThis course is an elective in Canadian Paralegal Institute’s Qualified Paralegal Program in Civil Litigation.For your mandatory reporting of CPD hours, this course is 7.0 hours with 1.0 hour devoted to professionalresponsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites.

LOCATION Law Courts Center CPD Room, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2. INSTRUCTOR Gerrie Campbell, Senior Paralegal Bronson Jones & Company

QUESTIONS? Please write [email protected] or call 604-685-2727.

Registration:WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat $548.80

q Multi-seat or Amici Curiae Rate $521.36

q Please send me a copy of the manual only as I am not able to attend. $263.30

1405 B!

SCHEDULE FOR JUNE 7, 2014 (9:00 AM TO 5:00 PM)Law Courts Center • Canadian Paralegal Institute

Part 7 Benefits 101

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

Page 9: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Protection Orders aremade pursuant to sec-tions 183 or 187 of

the Family Law Act (“FLA”)and are drafted using FormF54. The Order must notinclude any relief grantedthat is not directly related tothe protection order provi-sions. In other words, theyare drafted as separateOrders, and you may bedrafting two separateOrders from the same judgeon the same day, dependingon what relief was beingsought and what relief wasgranted. Protection Ordersalso include a peace officerclause and a notice to therestricted party, whichallows the orders to beenforced by the police.

Who can apply forProtection Orders?

Section 183 of the FLAstates that an application for a protection order maybe made by any familymember claiming to be anat-risk family member, by a person on behalf of an at-risk family member, oron the court’s own initia-tive. The application neednot be in conjunction withany other proceeding orclaim for relief under theFLA.

Section 182 of the FLAdefines an “at-risk familymember” as being a personwhose safety and securityis, or is likely, at risk fromfamily violence carried outby a family member.

How to apply for aProtection Order?

Although the FLA statesthat someone other than aparty to an action can applyfor the Protection Order, anaction needs to be in placeor commenced in order toapply, so the Registry has acourt file and action num-ber.

Although Rule 3-1 does notstate that Protection Orderscan be made by petition, itdoes set out the types oforders that must be madeby Petition (see article inMarch 2014 edition ofBriefly!). Sub-rule (4)requires you to consider thequestion of whether theorder sought should bemade by way of interimapplication or petition.

This rule states that:

a) if there is an existingfamily law action underwhich it is appropriate to seek the order, the application must be madein that action; or,

b) if there is no existingfamily law case underwhich it is appropriate toseek the order, then theapplicant must start a family law case by Petition.

Depending on who isapplying for the ProtectionOrder, you need to considerwhether it would makemore sense to commence afamily law proceeding andseek such orders by way ofan interim application

3 F A M I L Y L I T I G A T I O N

Protection Orders — A Primerrather than to proceed byway of petition. For example, if no action hasbeen commenced, and youare acting for the parent of an adult child who is concerned for their adultchild’s safety, it may bebest to proceed by petition.However, if you act for theseparated husband or wife,who wishes to obtain aProtection Order, it maymake more sense to commence an action toclaim other relief, seekexemption from a JCC, andapply for the ProtectionOrder by way of an urgentinterim application.

When does a ProtectionOrder expire?

It is very important to seeka term that the ProtectionOrder has no expiry date,and to include it as a termof the Order. Otherwise,the endorsement at the bottom of Form 54 statesthat “if no expiry date isordered in relation to thisorder, this order expires

one year after the date it ismade.”

If the order is to expirewithin a year, best practicewould be to send a confirmation letter to theclient enclosing the enteredProtection Order, and bringthe expiry date to theirattention. You should alsobring the file forward atleast two months prior tothe expiry date to obtainyour client’s instructionswhether a further application is required tochange the order by extending the expiry date.

It is important to note thatif you need to change aProtection Order, FormF54.1 “Change ofProtection Order” shouldbe used. !

Senior paralegal WendyMatthews practices atThomas & Associates, shewill present FamilyChambers ApplicationProcedures 101 on May 31,2014.

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O r g a n i z e Yo u r F i l e sP R A C T I C E A R E A TA B S

C O M P L I A N T W I T H T H E N E W R U L E S

Practice Area Tabs 5 Sets 25 Sets Civil Litigation CIV01 $ 150 $ 375Personal Injury ICB01 $ 300 $ 750Civil Chambers CCA01 $ 40 $ 90Family Law FAM01 $ 265 $ 660Family Chambers FCA01 $ 40 $ 90

Page 10: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

These are the learning outcomes for this course you will learn:

1. what interim applications are and the role of Judicial Case Conferences;2. to prepare Notice of Applications;3. to list the requirements in drafting an Affidavit and how to avoid making them inadmissible;4. to calculate the timelines when personal service is required; 5. to respond to a Notice of Application and ensure it is done within the timelines;6. to determine timelines to ensure applications are adjourned and reset properly

so the hearing date is secured;7. to create a BF checklist for applications;8. to know which form of Order to use and the related procedures to get an urgent Order entered;9. to know how to ensure that Orders are drafted and entered;10. to amend an Order due to clerical error and how the terms of an Order can be settled;11. to identify what documents are required and the procedure needed for other applications;12 to determine when it may be necessary to appear back before a specific judge or master,

what documents are needed, and the related procedures; 13. to differentiate final (summary trial) from interim applications;14. to understand the importance of claiming costs in the Notice of Application and

how to ensure they are granted; 15. about self-represented litigants and to develop best practices; and16. how paralegals can contribute to the interim application process under the

paralegal pilot program.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGFor lawyers, attending this course will provide you with 7.0 CPD hours with no hours devoted to professionalresponsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites.

LOCATION Law Courts Center CPD Room, Vancouver BC.

INSTRUCTOR Wendy Matthews, Senior Paralegal Thomas & Associates

Law Courts Center www.lawcourtscenter.com150-840 Howe Street, Vancouver, BC Canada V6Z 2L2 1404 B!

REGISTER ONLINE:www.lawcourtscenter.com

For more information please call 604-685-2727.

REGISTRATION (INCLUDES HST #128573300)

q Single Seat $548.80

q Multi-seat or Group Rate for members of Amici Curiae $521.36

q Please send me a copy of the manual only as I am not able to attend. $263.20

SCHEDULE FOR MAY 31, 2014 (9:00 AM TO 5:00 PM)Law Courts Center • Canadian Paralegal Institute

Family Chambers Application Procedures 101

Page 11: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Legal Education

Trial Brief Preparation

Legal Printing & Legal Supplies

legalpresents.com

Briefly! is intended to provide information on new developmentsin litigation and lawpractice management.

For information,contact Dom Bautistaat 604.685.2727 or [email protected]

Law CourtsCenter840 Howe ST #150Vancouver V6Z 2L2

4 A M I C I C U R I A E L E X T U R E S

(continued from page 1)If you have applied all of theabove principles to yoursearch, contact your localbencher, local CBA electedrepresentatives, and the localBar President for ideas. Askthem to see if you can gain abetter understanding of thelocal market.

Further, consider canvassingfirms in northern BC andAlberta, the Yukon and theNWT. There is a significantneed in these areas for newlawyers. Articles there willleave the door open to beingable to relocate one day toyour preferred geographicallocation and, in any event, itmay well be that thecommunity you land in willoffer all that you could wish in terms of opportunity andlife-style. Be prepared to loveyour new legal communityand the wide-openopportunities that it mayafford.

As mentioned at the outset,don't give up. Virtually everycandidate obtains articles withsufficient persistence. Goodluck! !

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Designed to find ways to workwith self-represented litigantswithin a specific practice area,these one hour lectures aredelivered by various membersof the bench and the bar.

The lectures provide lawyersand articlers with 1 hour ofCPD credits including .5 hoursin ethics and client relations.

The cost is $52.50 per personper lecture.

q Bills of Costsq Case Planning Conferences

q Cultural Implications q Debt Collections q Federal Court of Canada q Foreclosures in BCq Foreclosures Part 1 q Foreclosures Part 2q Indigent Status Applications

q Judicial Reviews Part 1 q Judicial Reviews Part 2 q Judicial Reviews Part 3 q Pleadings q Strata Property Actq Trial Management Conferences

q Wills & Estates

To order:[email protected]

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Page 12: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Learn about the Trust Regulation Department of the Law Society of BC and seven key concepts in

trust accounting. You will also learn how to set up and operate trust accounts pursuant to the Legal

Profession Act and Law Society of BC Rules. Finally, you will gain an understanding of the reporting

requirements of the law society. Discover the best practices and tips from Felicia Ciolfitto, Law

Society’s Manager of Trust Regulation Group. This 7 hour course focuses on professional

responsibility, ethics, client care and relations. You have a choice between attending in-person or by

webinar.

SCHEDULE FOR MAY 14 2014 (9:00 AM TO 5:00 PM)Law Courts Center

Trust Accounting 101 – From Fundamentals to Best Practices

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Page 13: How Can I Find Articles in Victoria or on Vancouver Island?lawcourtscenter.camp7.org/Resources/Documents/Law Courts...INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For

Registration:For lawyers, go to: WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat (TRA 101) $548.80

q Single Webinar Seat License (TRA 102) $548.80

q Please send me a copy of the manual only as I am not able to attend. $246.75

1403 B!

LOCATION Law Courts Center CPD Room 150 - 840 Howe St, Vancouver BC V6Z2L2

INSTRUCTORS:

TINA KAMINSKI Law Society of BC Trust Assurance Department Audit Team Leader

DOM BAUTISTA Law Courts Center Executive Director

Trust Accounting 101 - From Fundamentals to Best Practices

These are learning outcomes for this course:

At the conclusion of this the course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:

1. Understand the mandate of the Law Society of British Columbia and the role of its Trust Regulation Department

2. Discuss the duty and ethical obligation that lawyers and support staff have in handling clients' trust funds

3. Explain the key concepts in trust accounting4. Understand how to correctly receive and withdraw trust funds5. Understand how to properly handle cash transactions6. Demonstrate how to correctly reconcile pooled trust accounts7. Understand the annual trust report filing requirements8. Apply the Trust Administration Fee (TAF) to eligible trust deposits9. Report a Division 7 rule violation in writing to the Law Society

Law Courts Center • Canadian Paralegal Institute150-840 Howe Street, Vancouver, BC Canada V6Z 2L2