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

Beginning in 2013, theLaw Society of BCAnnual Practice

Declaration now collectsdemographic information on a separate, anonymoussurvey of its members. Once the results are com-piled, they will reveal thelevel of diversity in the legalprofession in BC to identifyany discrepancies and toinform the development andimplementation of strategiesto address them.

The information beingcollected in demographicsurveys is inherentlypersonal, so targeted groupsmay be concerned aboutprivacy and the use of theinformation provided. Somepeople may believe that thecollection demographicinformation is redundant.People may say: “We knowlack of diversity is a problem”or may assume that the under-representation ofwomen and minority lawyersis getting better, or will getbetter as more women andminorities enter law schools.But the numbers reveal aproblem that anecdotes fail tocapture. For example,women have represented 50%or more of graduating lawstudents since the mid-1970s,and yet, they still onlyrepresent 34% of lawyers inBC, and represent less than20% of partners in medium tolarge law firms.

Anecdotal evidence is not aspersuasive as statisticalevidence. Statistics mayreveal a very striking pictureof diversity concerns.Knowing the numbers canhelp to generate themomentum needed to addressunder-representation ofdiverse lawyers in the legalprofession. The numbers alsoserve as a compass to indicatewhere we are in relation towhere we would like to be,and whether we are headingin the right direction.Benchmarks help todemonstrate whether effortsare making an impact, andmay motivate reflection onwhat more needs to be done.

In 2012, the Law Society ofBC released a report entitled“Towards a MoreRepresentative LegalProfession: Better practices,better workplaces, betterresults” (it is availableonline). The Report wascreated using data from thelong form census datacompiled by StatisticsCanada in 2006. Althoughthe data is somewhat datednow, it provides interestinginsights into the demographiccomposition of the legalprofession in BC. The Reporthighlights the discrepanciesbetween the total populationof visible minority andAboriginal peoples comparedto the number of visibleminority and Aboriginallawyers. In 2006 Canada’spopulation comprised 25 %

of people who identified asvisible minorities, whereasonly 15% of lawyersidentified as visibleminorities. Similarly, 4.6% ofthe population in BCidentifies as Aboriginal,whereas only 1.5% of lawyersidentify as Aboriginal.

Once gaps are identified, wecan begin to address them.The Law Society of BC isundertaking a number ofinitiatives to help to addressthe under-representation ofwomen, minority, andAboriginal lawyers. Forexample: the Justicia in BCProject encourages law firmsto identify and implementbest practices to retain andadvance women lawyers inprivate practice; the DiversityStakeholders Group is a LawSociety of BC and CanadianBar Association of BCcollaboration in support ofdiverse lawyers; and theAboriginal LawyersMentorship Program aims to

support the development ofthe knowledge, skills andattributes needed byAboriginal lawyers to besuccessful in their legalcareers. Moreover, theBenchers have adoptedrecommendations forimproving diversity on thebench, and a subcommittee iscurrently devising strategiesto implement therecommendations. It willlikely take some time for thestatistics to show whetherthese programs are effective,but it is beneficial that we arenow charting the course. !

(Editor’s note: Their committee is also in theprocess of revising andupdating the LSBC sexualharassment policy.)

Andrea Hilland is the stafflawyer of the Equity andDiversity AdvisoryCommittee at the law society.

w w w . l a w c o u r t s c e n t e r . c o mMay 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 Litigation Projection Management 301July 18 Conveyancing 101July 25 Modern Solicitors Writing 101August 22 Business Corporations Act 101Sept 25 Annual Paralegal & Support Staff Conference

What gets measured gets done: diversity demographics?

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 MAY 17 2014 (9:00 AM TO 3:00 PM)

Law Courts Center

MVA Active Rehabilitation 101 – Understanding Soft Tissue Injuries

Registration: 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

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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

B!201405

The fundamentals ofpleadings are impor-tant to understand so

as to ensure clarity, avoidconfusion and applications tostrike.

Amici Curiae recently hosteda lecture for its volunteerswith Supreme Court of BCJustice Groves, who notedthat pleadings are designed:- to set for the court theparameters of what the caseis about; and- to ensure clarity and avoidconfusion as to what the caseis about.

What do the Supreme CourtCivil Rules say about plead-ings? What are the lessons in the Rules you mustremember when assisting aself-represented party (SRL)?

In pleadings, generally, youhave to identify the issues.The starting point for anypleading is Rule 3-1 notice of civil claim. Rule 3-1(2)gives some guidance to thosedrafting pleadings as to whatthey must keep in mind: itmust be a concise statementof material facts. For example, in a contract dispute, these facts wouldinclude the date the contractwas entered into, whetherthere are issues about offerand acceptance, what theagreed price was and whatthe goods to be exchangedwere. The following areexamples of what are notmaterial facts: what the negotiation history wasbetween the parties, whathappened as a result of thecontract breaking down, orwhat feelings came up as aresult of the dispute.

In order to focus on thematerial facts and not thebody of evidence the SRLmay want to present at trial,consider what you need toprove in order for your caseto be successful. Returningto the contract example, youwill need to set out facts thatestablish that there was acontract and that it wasbreached. A concise summary of the reliefsought, what the court mayreasonably order as a resultof the dispute must also beincluded.

Rule 3-3 deals with respond-ing to a notice of civil claim.The most important thing inresponding to a notice ofcivil claim is to make sureyou deal with every paragraph that is set out inthe claim. Failure to do socould be deemed to be anadmission of that fact andthat could be fatal.

Rule 3-7 reminds us that apleading must not containthe evidence by which thefacts are to be proven; do notget into a detailed summaryof what the evidence isgoing to be to prove thefacts.

In assisting SRLs withpleadings, Justice Grovessuggests that a significantamount of time be set asidein order to get the wholestory; so spend some timeasking questions and once you are comfortableknowing what the dispute isabout, then prepare thepleadings. A party is prohibited under Rule 3-7(6)in any subsequent pleadingfrom stating anything that is

inconsistent from a previouspleading. Although there isan opportunity to amend thepleadings, you cannot amendpleadings to materiallychange or give new groundsthat was not previously pled. Justice Groves instructs that to draft an effectivepleading, “leave out any-thing that might give theother side a basis to applyfor an application to strikebecause there are irrelevantfacts, as this will open theSRLs pleading to questionsas to what the motive, intentor agenda might be.”

Amendments to pleadingspursuant to Rule 6-1 may bemade once without leave ofthe court provided that thematter has not been set for trial or a case planningconference has not beenheld. Otherwise, an application must be broughtseeking leave to amend thepleadings. Generally, thecourts do not hesitate togrant amendments topleadings unless there issome substantial prejudice tothe party who is affected bythat or there is a real seriouslimitation issue. The finalsaving grace on amendmentsto pleadings is that pleadingscan be amended at trial.

A View from the Bench: Drafting Pleadings for SRLs2 L I T I G A T I O N

Rule 9-5 gives the courtjurisdiction to strike pleadings. It is a good ideawhen drafting pleadings tobe mindful of what Rule 9-5says.

Another thing to bear inmind with SRLs is to provide them with information about how service has to be effected.Mr. Justice Groves notedmany problems at the adjudication level whereservice and timelines have not been met. Shortleave and emergency circumstances can arise and it is not a high thresholdto get the court to reduce the time if there is an emergency.

Justice Groves noted that itis amazing how many courtorders do not get draftedafter a hearing, becauseSRLs often do not thinkabout drafting the order. Itmay be helpful to suggest tothe self-represented litigantto request a copy of theclerk’s notes at the hearing,because while not necessari-ly correct all the time, it pro-vides an important referencefor the SRL as they drafttheir orders. If you are see-ing the SRL again after theirappearance, it is important todebrief with them.

With regards to costs, adviseself-represented parties toask the judge to fix costsunder Appendix B Schedule3 rather than to just ask forcosts as that may involvegoing to another court proceeding to figure out howmuch the costs are.

(continued to page 4)

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Supreme Court of BCJustice Groves responds toa question.

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

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

Protection Orders — A Primer

Protection Orders are made pursuant to sections 183or 187 of the Family Law Act (“FLA”) and aredrafted using Form F54. The Order must not include

any relief granted that is not directly related to theprotection order provisions. In other words, they aredrafted as separate Orders, and you may be drafting twoseparate Orders from the same judge on the same day,depending on what relief was being sought and what reliefwas granted. Protection Orders also include a peaceofficer clause and a notice to the restricted party, whichallows the orders to be enforced by the police.

Who can apply for Protection Orders?

Section 183 of the FLA states that an application for aprotection order may be made by any family memberclaiming to be an at-risk family member, by a person onbehalf of an at-risk family member, or on the court’s owninitiative. The application need not be in conjunction withany other proceeding or claim for relief under the FLA.

Section 182 of the FLA defines an “at-risk familymember” as being a person whose safety and security is,or is likely, at risk from family violence carried out by afamily member.

How to Apply for a Protection Order?

Although the FLA states that someone other than a partyto an action can apply for the Protection Order, an actionneeds to be in place or commenced in order to apply, sothe Registry has a court file and action number.

Although Rule 3-1 does not state that Protection Orderscan be made by petition, it does set out the types of ordersthat must be made by Petition (see article in March 2014edition of Briefly!). Sub-rule (4) requires you to considerthe question of whether the order sought should be madeby way of interim application or petition.

This rule states that:

a) if there is an existing family law action under which itis appropriate to seek the order, the application must bemade in that action; or,

b) if there is no existing family law case under which it isappropriate to seek the order, then the applicant must starta family law case by Petition.

Depending on who is applying for the Protection Order,you need to consider whether it would make more sense tocommence a family law proceeding and seek such ordersby way of an interim application rather than to proceed byway of petition. For example, if no action has beencommenced, and you are acting for the parent of an adultchild who is concerned for their adult child’s safety, itmay be best to proceed by petition. However, if you actfor the separated husband or wife, who wishes to obtain aProtection Order, it may make more sense to commencean action to claim other relief, seek exemption from aJCC, and apply for the Protection Order by way of anurgent interim application.

When does a Protection Order Expire?

It is very important to seek a term that the ProtectionOrder has no expiry date, and to include it as a term of theOrder. Otherwise, the endorsement at the bottom of Form54 states that “if no expiry date is ordered in relation tothis order, this order expires one year after the date it ismade.”

If the order is to expire within a year, best practice wouldbe to send a confirmation letter to the client enclosing theentered Protection Order, and bring the expiry date to theirattention. You should also bring the file forward at leasttwo months prior to the expiry date to obtain your client’sinstructions whether a further application is required tochange the order by extending the expiry date.

It is important to note that if you need to change aProtection Order, Form F54.1 “Change of ProtectionOrder” should be used. !

Wendy Matthews is a senior paralegal at Thomas &Associates. She is presenting a full day course on FamilyChambers Application Procedures on May 31 2014.

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Having worked incomplex files sincethe early 1980’s

from corporate commercial,real estate, and litigation,“the fundamentals of project management haveremained the same.” opinedparalegal Kate Austin. And,every project – whetherbuilding a huge new shopping centre or planninga vacation for the family –needs management.

So you are going on vacation. That is the project.You first need to figure outwhen everyone is availableand where you want to go.This is what project managers call the definitionphase. You have defined theproject as a family vacationfor two adults, two teens,and one six year old toParis.

Next you set clear goals.Maybe you set a financiallimit, the places you want tosee, the amount of time youcan spend in each place.You need to tell everyonewhat’s happening andwhen; you need to be transparent about whatyou’re doing and when andhow it is being done soeveryone knows what isgoing to happen.

And of course, some thingsyou can not plan for or control. Maybe someonewill fall sick, Paris will be

hit by a hurricane, the airline you choose to flywith goes bankrupt, and by recognizing the risk inherent in your trip, youcan anticipate what to do and how to deal with theproblem should it occur,which is part of yourresponsibility as the projectmanager.

These basic project management ideas: deciding on the project,defining it, setting cleargoals, being transparentabout the project, recognizing the risk, dealing with problems, andhaving a responsible project manager – are all part of managing a litigation file.

As litigation becomes morecomplex and involves morepeople – e-discoveryexperts, court reporters,mediators or arbitrators,accountants or other financial experts, expertsrelating to the subject matter of the litigation(ie engineers, doctors andother healthcare providers, accountants)assistants, lawyers, designated paralegals, paralegals, legal assistants,students – it becomes harder to manage the litigation, to keep track of:

• contact information for allparties – not just the parties

3 C O M P L E X L I T I G A T I O N

Litigation Project Management — A Primerto the litigation butlawyers, their assistants,their associates• who is doing what (didsomeone give a student afile of documents toreview?)• what deadlines are coming up (both hard andsoft deadlines)• what documents are listed• what documents havebeen requested• what documents havebeen received and shouldbe reviewed for relevance• where everything is (doesthe assistant who handles e-discovery have ALL thedocuments? and if not,where are they? have theybeen sent to an expert for review? is someonereviewing them for relevance?)• an application decided inyour favour and who isdoing the appropriate order and bill of costsand do they have all theinformation they need• another assistant takingon a part of the litigationand what part that assistantis responsible for and howyou will keep track of it• disbursements and whatin particular they relate to

• time and what in particular it relates to• trust accounts and otheraccounting matters

These are just a few of themultitude of things thatneed to be tracked andmanaged in dealing withlitigation. It does not matterwhether the litigationseems to be small andstraightforward when itfirst arrives on your desk, it may turn into a hugeongoing matter. If youdon’t deal with the file in away that allows for thatpossibility of growth, youwill find yourself scram-bling when it turns into alarge, multi-faceted pieceof litigation.

Managing litigation files is not as much fun as planning a vacation, but ifyou do it right, it is just assatisfying. !

Paralegal Kate Austin practices at NathansonSchachter Thompson. She joins Dom Bautista topresent Litigation ProjectManagement on June 24,2014.

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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

Ma r k y o u r c a l e n d a r :S E P T EMB E R 2 5

A NNUA L PA RA L EGA L &S U P P O RT S TA F F C ON F E R ENC E

What exactly does litigation project management “LPM” entail? LPM is about defining

objectives; creating a list of achievable goals and timelines within the confines of the rules of

court; and managing the communication not only with the other parties but with your legal team too.

LEARNING OUTCOMES1. Gain an understanding of basic project management and how the concepts of project management can helpyou manage your litigation files.2. Demonstrate how well you know your litigation files and determine what project management concepts mightbe useful in your work.3. Learn how to put together a project management system that would work for you.4. Learn how to transition your current files to a new project management system.5. Learn how to manage a small file in order to easily transition it to a file which requires major projectmanagement.6. Preparing and revising checklists as required.7. Demonstrate the ability to prioritize tasks in managing major litigation.8. Demonstrate the ability to understand and consistently work with your system.9. Learn how to work with lawyers, other legal assistants, paralegals, designated paralegals, documentmanagement people, both in-house and out, to ensure that you can bring them on-board with your litigationmanagement systems.10. Understand when it is necessary to change or update your systems when the initial systems are no longeradequate.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGFor your mandatory reporting of CPD hours, this course is 7.0 hours with 2.0 hours devoted to professionalresponsibility and ethics, practice management and client relations. A Certificate of Completion is issued to you,if you earn at least 70% of the course requisites.

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

INSTRUCTORS Kate Austin paralegal Nathanson Schachter & Thompson and Dom Bautista Law Courts Center

QUESTIONS? Please write dom@lawcourtscenter.com 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. TBA

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SCHEDULE FOR JUNE 24, 2014 (9:00 AM TO 5:00 PM)Law Courts Center

Litigation Project Management 301

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

Litigation Project Management 301 Outline

Litigation Project Management — A Primer

Having worked in complex filessince the early 1980’s fromcorporate commercial, real

estate, and litigation, “the fundamentalsof project management have remainedthe same.” opined paralegal KateAustin. And, every project – whetherbuilding a huge new shopping centre orplanning a vacation for the family –needs management.

So you are going on vacation. That isthe project. You first need to figure outwhen everyone is available and whereyou want to go. This is what project managers call the definition phase. Youhave defined the project as a familyvacation for two adults, two teens, andone six year old to Paris.

Next you set clear goals. Maybe youset a financial limit, the places youwant to see, the amount of time youcan spend in each place. You need totell everyone what’s happening andwhen; you need to be transparent aboutwhat you’re doing and when and howit is being done so everyone knowswhat is going to happen.

And of course, some things you cannot plan for or control. Maybesomeone will fall sick, Paris will be hitby a hurricane, the airline you chooseto fly with goes bankrupt, and by recognizing the risk inherent in yourtrip, you can anticipate what to do

and how to deal with the problemshould it occur, which is part of yourresponsibility as the project manager.

These basic project management ideas: deciding on the project, defining it,setting clear goals, being transparentabout the project, recognizing the risk, dealing with problems, and having aresponsible project manager – are all part of managing a litigation file.

As litigation becomes more complexand involves more people – e-discoveryexperts, court reporters, mediators orarbitrators, accountants or other financial experts, experts relating to thesubject matter of the litigation(ie engineers, doctors and otherhealthcare providers, accountants)assistants, lawyers, designatedparalegals, paralegals, legal assistants,students – it becomes harder to managethe litigation, to keep track of:

• contact information for all parties –not just the parties to the litigation butlawyers, their assistants, theirassociates• who is doing what (did someone givea student a file of documents toreview?)• what deadlines are coming up (bothhard and soft deadlines)• what documents are listed• what documents have been requested• what documents have been receivedand should be reviewed for relevance

• where everything is (does theassistant who handles e-discovery haveALL the documents? and if not, whereare they? have they been sent to anexpert for review? is someonereviewing them for relevance?)• an application decided in your favourand who is doing the appropriate order and bill of costs and do they haveall the information they need• another assistant taking on a part ofthe litigation and what part thatassistant is responsible for and howyou will keep track of it• disbursements and what in particularthey relate to• time and what in particular it relatesto• trust accounts and other accountingmatters

These are just a few of the multitude ofthings that need to be tracked andmanaged in dealing with litigation. Itdoes not matter whether the litigationseems to be small and straightforwardwhen it first arrives on your desk, it may turn into a huge ongoing matter.If you don’t deal with the file in a waythat allows for that possibility ofgrowth, you will find yourselfscrambling when it turns into a large,multi-faceted piece of litigation.

Managing litigation files is not asmuch fun as planning a vacation, but ifyou do it right, it is just as satisfying. !

9:00 Introductions9:15 Section A:

Project management concepts 10:00 Section B:

In-house project management systems

10:45 Morning break11:00 Section C:

Creating a new in-housesystem

11:45 Question and Answer Period12:00 Lunch Break1:00 Section D:

Preparing checklists2:30 Afternoon break2:45 Section D:

Revising checklists

3:30 Section E: Transitioning files to a new project management system

4:15 Section F: Updating project management system

4:45 Summation and Post-Course Work

WWW.LAWCOURTSCENTER.COM150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

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 atdom@lawcourtscenter.com

Law CourtsCenter840 Howe ST #150Vancouver V6Z 2L2

4 A C C E S S T O L E G A L S E R V I C E S

The recent opening ofa branch of AxessLaw in the

Scarborough Ontario branchof Walmart (its second onein Markham is supposed toopen this month) that offerssimple wills for $99, therehas been some discussionwhether this is a good or baddevelopment in the provisionof legal services.

Imagine dropping off yourwill, before dashing off tothe deli, then coming backto pick up your will, signingit and dropping it into yourbag of groceries.

Of course, you may purchase a legal service planfrom vendors like LegalShield. For a minimum of$420 a year, you can accesslegal counsel and receiveadvice from lawyers some ofwhom practice in mid-sizeddowntown firms .

For clients of Legal Shied,they get to enjoy a variety oflegal services including:advice on unlimited issues,letters or calls made on yourbehalf by a lawyer, contractand document review (up to

(continued from page 2)

Provide the SRL with other resources that may be available to assist that person in court.

Justice Groves reminds:“Remember that this is anaccess to justice problem,keep the costs down byavoiding unnecessary court attendance and by considering the full cycle ofan application.”

For lawyers dealing withopposing SRLs, JusticeGroves suggested to treatthem like they are a lawyer— be courteous and respectful and be on yourbest behaviour. Documentwhat you say and put yourrequests in writing. He alsoencourages counsel to go the extra mile e.g., makeadditional copies of documents and offer to draftthe order even though it isnot their application. It isalso a good idea to ask thecourt to dispense with therequirement of having theSRL’s endorsement on theform of order.

Finally, he reminds counselthat complaining about SRLs

15 pages each). LegalShield provides differentplans for the consumer toselect from.

One is reminded of the2011 remarks of ChiefJustice Beverley McLachlinof the Supreme Court ofCanada who warned us thatmiddle class cannot hope topay legal fees, leaving themlittle option but to representthemselves in court or goaway empty-handed.

Fair fixed flat fees for specific legal services are agreat development forBritish Columbians.

It’s about time! !

Dom Bautista is the executive director of LawCourts Center.

Fixed Flat Fee: Wills for $99 or Legal Insurance for $240?

B! 1405

On Twitter: @lccdombautista

Supple leatherbrief cases perfect for chambers, mediations ortrials!

Trial PaperAvailable in 2 sizes:

Barrister 8.5” * 11” $100Judge 9.69” * 13.69” $110Judge’s Binder 1” $40Judge’s Binder 2” $45

Printed in red & blue onpremium archival paper, 500 sheets in a box

Drafting Pleadingsfor SRLs

is not a productive exercise.Nor is asking for the ridiculous because of theSRL, because you think youwill get away with it: “Youwon’t.” That said if youmust, be subtle in remindingthe judge that rules apply toall. !

Dom Bautista was assisted byYvonne van Vliet, seniorparalegal with GowlingsLLP.

L AW C O U R T S C E N T E R

AMICI CURIAE LECTURE SERIESMarch to June 2014

Held every second Tuesday of each month

RATES: (any materials will be provided electronically and taxes included) GST R128573300q Single Seat Rate (limited to 30 seats): $ 52.50q Webinar License Per Person: $ 52.50q Amici Curaie Pro Bono Paralegal Volunteers and Mentees Free

REGISTER HERE: www.lawcourtscenter.com

Law Courts Center 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2 1403

A lecture series devoted entirely to looking for ways to work with Self-Represented Litigants

Much has written about how the high cost of litigation has caused a number of people to opt to representthemselves. A review of the annual reports of the courts in British Columbia attests to the increasingnumber of self-represented litigants (SRLs). Stakeholders feel that this trend is a cause for concern. Having themselves is not a phenomenom anymore: they are here to stay. Perhaps the time has come to considerworking with SRLs.

Working with SRLs, who often do not have the years of education, knowledge of the system, andexperience in the field of law, requires the adoption of many best practices. And that is the object of thislecture series.

Working with older adults November 13, 2014

Kevin Smith who is counsel with BC Centre for Elder Advocacy and Support will discuss how older adultsdiffer as clients, and some best practice tips. Ethical challenges, including interested 3rd parties – familymembers, new ‘best friends.’ Dementia and legal capacity questions will also be covered.

Identifying and responding to elder abuse June 10, 2014

In the second part of his lecture, Kevin Smith returns to introduce forms of elder abuse. Overview ofpersonal planning tools to prevent abuse. Responding to abuse, especially financial abuse – the ‘rogue’power of attorney, unpaid undocumented loans, misuse of joint accounts, asset disputes.

BC Human Rights Tribunals and the SRL (Part 1) September 9, 2014Lindsay Waddell counsel for Community Legal Assistance Society will provide a primer on the BC HumanRights Tribunal. She will also discuss how to file or to respond to a complaint.

BC Human Rights Tribunals and the SRL (Part 2) October 14, 2014Lindsay Waddell counsel for Community Legal Assistance Society returns to discuss how to prepareapplications and disclosures as required by the BC Human Rights Tribunal.

Achambers application is made for a myriad of reasons including when something that should have been doneor provided has not yet been provided and you need to compel the other party to comply with the request.

This includes requests for documents, examinations for discovery, further particulars and anything else that mightbe needed to move the litigation forward. Applications can also provide interim relief against a party pending finaldetermination of an issue at trial. This workshop was designed to provide you with an opportunity to learn thefundamentals of effective drafting.

Using the fact pattern that will be provided to you as part of your pre-course work, you will be have an opportunity todraft a Notice of Application, Affidavit, Response to Application, Requisition and Order.

This workshop is a companion course to Chamber Applications Procedure 102.

COURSE REPORTING FOR CONTINUING PROFESSIONAL DEVELOPMENT

The Law Society has pre-approved 7.0 course hours towards your CPD requirements. In addition, if youreceive a minimum of 70% on the course work, a Certificate of Completion is issued to you.This course is part of Canadian Paralegal Institute’s Qualified ParalegalProgram in Civil Litigation.

LOCATION Law Courts Center 150-840 Howe Street, Vancouver BC V6Z 2L2

INSTRUCTOR: Lenise Rouse is a paralegal, Burns, Fitzpatrick, Rogers Schwartz &Turner LLP. Her workshop will assist new counsel and support staff hone theirdrafting skills and gain confidence in the workplace.

PAYMENTS Please make cheques payable to: Law Courts Center, Legal EducationProgram, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2. For more informationplease email <dom@lawcourtscenter.com>, or call 604-685-2727.

REGISTER ONLINE:

www.lawcourtscenter.com

REGISTRATION (INCLUDES HST #128573300)

q Single Seat $548.80

q Multi-seat or Accredited Group Rate (Amici Curiae) $521.36

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

Law Courts Center 150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1405 B!

SCHEDULE FOR JUNE 20, 2014 (9:00 AM TO 5:00 PM)

Law Courts Center

Drafting Applications Workshop

1. What is a Chambers Application?What does a Chambers Application consist of?What is a Notice of Application?

2. What is an Affidavit?• An Affidavit gone bad • What makes for a good

Affidavit?

3. What is an Application Response?

• Learning the steps of drafting

4. Drafting an Application Record Index

5. Drafting Requisitions and Orders

This is what you will be doing during your one day workshop

Drafting documents is a skill that isfine-tuned over time with effort and attention to detail. This section providesa brief overview of some basic draftingelements you should keep in mind in theplanning stage.

The Planning Stage(a) InstructionsAre your instructions clear? Neverguess at what you are being asked to do. Always clarify your instructions.Attention to detail is essential in law.

(b) Thinking clients pay for your skills,which include spending time thinkingabout the documents you compose.Always take the time to think aboutwhat you have been asked to do. Youshould devote the majority of your timeto this stage in the writing process.

(c) What, Where, When, Why, Whoand How

What - What are you trying to say?Why - Why are you trying tocommunicate this information?Who - Who is your audience?How - How will you communicateinformation to your audience? How will the document you create beused?Where - Where is the document youcreate to be used? Where will you getthe information you need to prepare thedocument?When - When will the document beused? Is timeliness a factor?

(d) AudienceWho is your reader? How many peoplewill see or use this particular document and what do they hope to getout of it? Try to draft your document for your most significantaudience.

(e) PurposeWhat do you hope to achieve byproducing this document? Obtain information? Compel action? Persuade?

(f) Writer's BlockThe key to overcoming writer's block isgetting something down on paper. Donot stop to edit your work, just write.

(g) PrecedentsPrecedents are a great resource. Theysave time and money and provide cluesas to what your documents shouldcontain.

Drafting Tips of the AffidavitYou will find these tips invaluablewhen drafting an affidavit:

The general rules of evidence, suchas hearsay, competency, privilegeand opinion evidence, apply toaffidavits.

Keep the language simple soanyone reading the affidavit canunderstand it.

Each paragraph should deal with asingle topic.

Refer to everyone, including yourclient or the opposing party, by theirsurname.

Affidavits should ONLY containfacts unless the deponent is anexpert, in which case it ispermissible for the expert toprovide their opinion on the matterin question.

Affidavits should NEVER containargument.

Include only relevant facts in theaffidavits.

You must have an interpretertranslate the affidavit if thedeponent does not understandEnglish. They then certify in Form109 on the affidavit that they haveinterpreted it to the deponent.

Rule 22-2(6) If thedeponent cannot read, the

commissioner for takingthe affidavit must certifythat the affidavit was readin their presence to theperson and that thedeponent seemed tounderstand it.

Once an affidavit is sworn and filed,it becomes a permanent record.That is, if the deponent laterprovides information or facts thatcontradict the affidavit, it may beinferred that they are not beingtruthful and thus their credibilitymay be questioned.

At the hearing of the application,only facts that are contained in anaffidavit are discussed.

The jurat should appear on a pagewith text, that is, the signature mustnot be on a separate page.

If you find the signature does not fitat the bottom of your last page oftext, move the final paragraph to thenext page. A line can be drawnthrough the blank space at thebottom of the preceding page toshow there is no missing text.

An affidavit cannot be amendedonce it sworn or filed. If you needto change it and it has not filed theaffidavit, draft a replacementaffidavit and have it resworn.Affidavits are part of the court'spermanent record.

An affidavit made on informationand belief must state that fact or itis useless. State the source of wherethe information / document camefrom.

A lawyer should only speak to theirown affidavit at the hearing if thefacts deposed to are not in issue.Have someone else in the officeswear the affidavit. !

Excerpts from Drafting Essentials the Planning Stage

In this course, you will learn all about Part 8 Applications. At the end of your studies,you will have:

• an understanding of how to set up a file in order to prepare for a chambers application;

• an awareness of how to respond to an application;

• an understanding of the applicable Rules of Court and related forms used in filing chambers applications;

• the ability to have an Order entered by the registry on an urgent basis;

• an understanding of the jurisdiction of a master and a judge; and

• develop best practices to work with self-represented parties.

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

COURSE REPORTING FOR CPDThe Law Society has pre-approved 4.0 course hours towards your Continuing ProfessionalDevelopment hours with 0.0 hours toward ethics, practice management and client care. If you receive aminimum of 70% on your course work, a Certificate of Completion is issued to you.

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

INSTRUCTOR Lenise Rouse is a paralegal, Burns, Fitzpatrick, Rogers Schwartz & Turner LLP.

RESERVATIONS Please complete the form below and return to: Law Courts Center150 - 840 Howe Street, Vancouver, BC V6Z 2L2. Make cheques payable to Law Courts Center.

For more information please email <dom@lawcourtscenter.com>, or call 604-685-2727.

Law Courts Center 150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1405 B!

REGISTER ONLINE:

www.lawcourtscenter.comREGISTRATION CAP 101 (INCLUDES HST #128573300)

q Single Seat (includes the desk reference manual) $421.12

q Multi-seat or Accredited Group Rate (includes the desk reference manual) $393.68

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

SCHEDULE FOR JUNE. 21, 2014 (9:00 AM TO 1:15 PM)

Law Courts Center

Chambers Application Procedures 102

Preparing for a ChambersApplication

The question to consider beforemaking a chambers application iswhether or not the application isnecessary considering the time andexpense involved. Be aware of thecosts associated with applications tocourt and weigh these costs againstthe real benefit to your client.

Interlocutory applications are madefor a myriad of reasons includingwhen something that should havebeen done or provided has not beenand you need to compel the otherparty to do this. This includesrequests for lists of documents,examinations for discovery,particulars and anything else thatmight be needed to move thelitigation forward. Interlocutoryapplications can also be to getinterim relief against a party pendingfinal determination of an issue attrial.

If the opposing party does notrespond to your request, make a

second phone call or send a secondletter. Refer to your first letter. Youneed to give the opposing partyample opportunity to comply withyour request.

If the opposing party still does notcomply or respond to your first tworequests, send a third and final letter.In your third letter you may say thatif they do not respond by a specificdate you will set down a courtapplication compelling the otherparty to provide the information,documents, etc. Your letters can thenbe appended to an affidavit in supportof your application. A typicalamount of time between requestsmight be one to two weeksdepending on the nature of therequest.

In cases of urgency, you may notleave as much time between yourrequests or you may have time tomake only one request. For example,a mediation might be scheduled forthe near future and the information isrequired in advance. In thesecircumstances write one stronglyworded letter. Keep the approaching

hearing and other dates in mind. Inlast minute applications, the courtwill ask why the information was notrequested earlier and you will need agood excuse for the delay, or thecourt may not hear your applicationon an urgent basis and may not allowyour request for costs.

If you have not heard from opposingcounsel prior to the hearing date,contact them to find out if they willbe attending and what their positionis, so you can provide thisinformation to the court. It is ineveryone’s interest to agree on issuesthat are not in contention, and toidentify those areas on which youdisagree.

The information you provide to thecourt should be contained either inthe pleadings or in the affidavits filedin support of the application.

Be careful about using courierslips. These may not beaccepted as proper proof ofdelivery by the registries.

9:00 Chambers procedure - background

9:15 Description and discussionof procedure/flowchart

9:30 Review Rule 8-1

10:00 Time calculation exercise

10:15 Best practices in working with self-represented litigants

10:30 Coffee

Version - April 1, 2014

10:45 Service requirements for third parties, by fax

11:00 Order / Form 35

11:15 - Post Chambers Form - costs associated with chambers applications- Short Notice (short leave)- Requisition/Form 17- Practice Direction 20

11:30 Coffee

11:45 - Consent Orders - Order / Form 34 - Desk Orders

12:15 Case Planning Procedure- description- discussion: alternative to chambers- review Part 5

12:45 - Costs relating tochambers applications andCase Planning Conferences

1:00 - review/questions- review of open book post course work

1:15 Good byes

This is what you will be learning about that day

Excerpts from the Chambers Application Procedures Manual