NEWSLETTER OF THE CANADIAN BAR ASSOCIATION, B.C. BRANCH
JULY/AUGUST, 1989 B.C. Branch Staff VOLUME1 NUMBER6 HIGHLIGHTS BRANCH STAFF
Sinikka Holbrook
LAW FOUNDATION GRANTS
Left to right: Ruth Fraser, Ravindar Rakhra, Fran Hodgkins, Dorothy Sawczuk, Barbara Murphy, Alanna Flasch, Sinikka Holbrook
Ever wondered who stands behind the membership in this province- who is responsible for the information dispensed, the reimbursement requests promptly filled, the copies of rna terial mailed?
The B.C. Branch office, tucked away on the 5th floor of the Law Society building in Vancouver, staffed by our Executive Director, an Assistant Executive Director and 7 dedicated people does it all
Let me introduce them to you-
Alanna Flasch - Section
Co-ordinator
Who looks after all those mailings for Sections and Committees, the elections, Provincial Council, Local and County Baralmost any large mailing that leaves the Branch office? Alanna does. Alanna is responsible for the Branch's "DBase" computer files. Sounds impressive, and it is .
Every Section and subsequent enrollment and every Committee with their officers, every student, every member of Council and now, every member of the Branch is on "DBase "
When not knee-deep in mailing labels, Alanna transcribes minutes of meetings and harasses members of Committees and Provincial Council for confirmation of attendance at meetings.
Ruth Fraser- Office Assistant
If we need a file or something filed, want something copied, faxed or mailed, have run out of stationery, need the boardroom readied for a meeting, or someone to relieve at Lawyer Referral, Dial-a-Law and Receptionwe call on Ruth Absolute ly no one in the office covers more miles per day.
Every office probably has a Ruth. But we have the original!
Fran Hodgkins - Dial- a-Law
Where does the public turn when they need information on specific topics of law? Almost 30,000 of them called the Branch's Dial-a-Law program last year.
Fran is in charge of our library of 133 tapes and numerous reference resources and deals with 5 busy lines, 2 of which bring in callers from every corner of the province. All of us are amazed by Fran's unflappable, professional manner - no matter how outrageous the call, Fran calmly provides the caller with our taped information or directs them to other agencies that can help
Fran works closely with our script editor to keep the library up to date, ensures that all revisions are completed and that new scripts are produced on time.
Barbara MurphyReceptionist/Secretary
The cheerful voice you hear when you call th e Branch The first friendly face you see when you walk in the door.
Barbara is our combination traffic controller and information centre . No one has ever logged the number of calls coming into the Branch during the course of a year, but the switchboard is dark only after office hours. In between fielding the calls, greeting visitors, accepting and initiating deliveries and maintaining the Employment Registry, Barbara manages to look after 75% of the Branch's word processing .
Ravindar Rakhra -
Accounting Clerk
Numbers, numbers, numbers-
Every transaction that takes place and relates to the Branch's sizeable budget, is handled at some point by the capable Ravindar and our AccPac computerized accounting system. Not a simple task considering that we are operating with well over 400 different account numbers and detailed reporting formats for most of them.
For those who enjoy facts and figures- only one person was responsible for all the entries that made up our year end generalledger- it was 345 pages long and took approximately 5 hours to run.
Ravindar insists that she most enjoys producing the special detailed reports, but I think the challenge of bank reconciliations is her secret favourite.
Dorothy Sawczuk- Lawyer Referral
Who do you know that takes 30,000 telephone calls during the course of a year and still maintains a courteous and professional manner?
Dorothy is responsible for referring often distraught members of the public to one or more of the approximately 2,000 lawyers in the lower mainland registered with the Branch's Lawyer Referral program. Incoming calls cover every imaginable scenario and originate from every conceivable location- including local jails, penal institutions and Riverview . More than a few calls have also been logged from such diverse locations as Venezuela, Yugoslavia and numerous areas of the USA.
Dorothy also maintains administrative liaison with the 15 other Lawyer Referral centres in the province and is responsible for maintaining province-wide statistics.
Sinikka HolbrookAssistant Director (Administration)
The responsibility of ensuring the smooth functioning of the Branch office by overseeing the work flow and hiring and supervision of staff, is mine.
In some way, I am involved with almost everything that takes place in the office on any given day, ranging from compiling and computing information for preparation of budgets to selecting new office equipment.
It is my pleasure to provide input and take an active role in planning and implementation of projects for 3 Committees (Law Day, Winter Convention and Attorney General's Literature Committee).
I have also been known to design tickets, flyers and brochures.
And, on occasion, to try and let others know about the superb team that keeps the Branch office functioning.
President's Report
jim Vilvang
Rather than reflect upon my year as President just past, I would like to use this opportunity to offer some thoughts on the future of the B.C. Branch of the CBA.
There is no doubt that B.C. is now the strongest and most vital Provincial Bar Association in Canada. We have been a model for all other branches and even
for the National organization. T \ we are going to maintain om 1 pre-eminent position we mus, continue to attract top quality candidates for positions on Council. If you would like to contribute to your profession, I encourage you to run for election to Council, become actively involved in Section activities, or offer to serve on our many committees.
As we work through the ongoing process of implementation of Justice Reform and the development of technology in courts and government offices, we will be facing rapid changes in the way we do business. As an association, we must continue to ensure that our member's interests are not harmed by these changes.
All members should do their own part to encourage the Provincial Government to allocate adequate funding for Legal Aid.
I have no doubt that the ney., executive of the B.C. Branch has the ability and energy necessary to provide proper leadership. But only with the support of a committed Provincial Council and a caring profession can the B.C. Branch meet the many challenges of ensuring that our member's interests are well protected. Please do your part.
Winter Convention '90
Preparations are now well underway for the 1990 Winter Convention to be held February 2nd- 4th, in Victoria. The host committee is endeavoring to recapture the spirit and success of the 1989 Convention by retaining some of that meeting's most successful elements and yet offering something new and different.
Perhaps the most significan' change will be the ConventiL _. site. A real attraction for people from all over the province is that
accommodation and facilities claims, the long-term effect of New Funded will be available to members at law firm mergers and inter- by Law oundation the beautifully renovated provincial associations and the Empress Hotel and the adjoining future direction of discipline in The Governors of the Law Victoria Conference Centre. The the profession will take place . recently completed refurbishIn approaching the substantive Foundation approved first-time ments have once again estab- funding for 13 new legal projects lished the Empress as one of the program, we hope to provide at their June 17th Board meeting: world's preeminent hotels while enough legal issue input to satThe Salvation Army isfy the technician, but also offer the Convention Centre aptly food for thought concerning our full-time co-ordinator; volunteer reflects the relaxed and subdued role as citizens of this province services- $45,675 charm that Victoria offers. The committee is very confident that as well.
University of Victoria, these facilities will prove to be a The social program will once Faculty of Law compelling draw to the Mid- again be spearheaded by Law Centre Clinical Program; Winter Meeting. Richard Margetts of Victoria. He Computer-based Information
Although many details are yet to has already secured Doc and the Management System- $98,630 be worked out, the substantive Doo -Wops for the Saturday (3 years) program will be designed to night dinner I dance and their B.C. Human Rights Coalition expand the attention of the popularity amongst our mem - core-funding assistance 89/90attendees from technical legal bers is unquestioned. Plans for $37,475 issues to those which relate to the Friday night include an Northern Association of Injured & matters of increasing social and English Pub Night as well as another alternative not yet Disabled Workers political concern to everyone in determined. The Sunday full-time legal advisor- $41,988 British Columbia. The panels will center around a plenary sesBrunch will hopefully be S.F.U. Centre for Education, Law sion on the Saturday morning repeated and the children's pro- and Society and will concentrate on issues gram will be expanded in antici- Legal Education Resource Netrelating to the environment. We pation of more families travel- work - $29,000 hope to have a number of panels ling to Victoria for the meeting.
University of Victoria, dealing with matters such as the This year's committee has also Faculty of Law social, political and legal issues undertaken not to repeat the community education in dispute surrounding offshore oil spills cruel joke of frigid weather resolution- $49,676 and specific attention will be sprung on the meeting last year. paid to the hearings concerning Members travelling to Victoria Women's Research Centre the Valdez oil spill off the this year can be certain of glori- Strategies for Legislative Alaskan coast. As well, panels ous weather. Golf, tennis, Change: A Workbook Based on debating the current policies and cycling and running will be Women's Experience- $35,753 problems encountered in the available and we recommend Canadian Year book of logging and forestry industries bringing along sun screen for the International Law will be presented. Associated pale skinned and the children. Volume 26 of yearbook- $15,000 with these topics would be criminal and quasi-criminal An invitation has been extended Canadian Institute for the Adminis- to the Yukon Bar in the hope issues relating to civil disobedithat the meeting can become a tration of Justice ence, the law of contempt and seminar on technology, law and the statutory and common law joint B. C./Yukon Winter Con- the courts- $15,000 enforcement of environmental vention. As well, we hope to and resource area regulations. have the active participation of Women in Need Society Invitations will be presented to the Association of Provincial posters and pamphlets; victim the Attorney General, the Min- Court Judges, the University of services project- $1,060 ister of Forests and experts in Victoria, the Victoria Bar AssociFederation of Law Societies of both the legal and environmen- ation, the Washington State Bar Canada tal areas to participate in the Association and the Benchers a co-ordinated curriculum; panels. We are hopeful that the who will be holding their meetteaching professional responsicurrent attention to this area will ing in conjunction with ours. bility across the continuum of entice a number of high profile Mark your calendars now for legal education- $10,000 figures to participate. one of the most interesting and U.B C. Faculty of Law
On the preceding Friday, related enjoyable Winter Conventions Archival Records Organization- panels in the areas of immigra- ever.
$9,429 tion, Native rights and land
BCCA Changes Law Relating to Division of Pensions in Family Disputes
Shelley Bentley
Two recent B.C. Court of Appeal decisions have changed what was understood to be the law after its landmark decision dealing with division of pensions in Rutherford v. Rutherford. After Rutherford it was generally understood that the premarriage segment of a pension plan was not a family asset subject to division under the Family Relations Act. Also it was understood that pension contributions made after separation were not subject to division as well. The Mailhot v. Mailhot (November 1988) and Miller v. Miller (October 1988) cases make it clear that pre-marriage and postseparation contributions to a pension plan are family assets. The cases that applied the "Rutherford formula" to exclude pre-marriage contributions were distinguished on the grounds that they involved cases where reapportionment under s. 51 of the FRA was ordered. Bruce Macallum told Kamloops Family Subsection members that it will be difficult to argue that reapportionment should take place in the future because in both Mailhot and Miller there were significant pre-marriage contributions. In Mailhot there were
16 years of pre-marriage contributions in a marriage that lasted 16 years until separation. Similarly Mr. Macallum argued that it is now more difficult to argue that there should be a reapportionment in favour of the spouse who owns the pension plan with respect to that portion of the pension that has accrued after the separation but before the triggering event. He cautioned that it would be prudent to obtain a s. 44 declaration as early as possible if you are acting for the pension owning spouse.
Eight Conveyancing Practice Resolutions Recently Passed by Vancouver Real Property Section
Discussions have taken place in recent Vancouver Real Property Section meetings on practice issues which frequently generate disputes between conveyancing solicitors. The following resolutions were adopted in an attempt to avoid such costly disputes:
1. The purchaser or his or her solicitor is to obtain and pay for the Form A and s. 36 Certificate.
2. A solicitor should pay only $5.00 for each of the Form A and s. 36 Certificate, being the amounts prescribed by statute.
3. In a contract which states that adjustments shall be made "as of the adjustment date" the purchaser is to pay the costs and receive the revenues relating to the adjustment date and the vendor is to pay the costs and receive the revenues up to and including the day before the adjustment date.
4 A purchaser's solicitor should not send closing funds to
a vendor's solicitor on undertakings different than those in the vendor's solicitor's transmission letter, unless such different undertakings have been agreed to by the vendor's solicitor in advance of closing.
Resolutions 5-8 . In the absence of specific instructions from the client or specific provisions in the contract:
5. It is not good practice to impose on the purchaser's solicitor in the letter of undertaking, without prior consultation, an arbitrary time for receipt of the sale proceeds by the vendor on the completion date.
6. Provided that the parties are reasonably proximate it is the vendor's responsibility tr pick up the sale proceeds frc. the purchaser's solicitor or bear the cost of its transmission.
7. Where adjustment of property taxes is made prior to payment of taxes, the adjustment for the Homeowner Grant should be made on the basis of the least common entitlement and where adjustment is made after taxes have been paid, adjustment for the Grant should be made on the basis of taxes actually paid.
8 . Where a mortgage is assumed by the purchaser, mortgage payments should be adjusted as at the completion date rather than the adjustment date and the purchaser should assume this responsibility commencing on the completion date.
New Special Waste Regulations
under the Waste ManagemenJAct
Lanny Hubbard, head of Environmental Safety with the
Ministry of Environment spoke to Environmental Law Section members about B.C.'s new Special Waste regulations under the Waste Management Act. The regulations which have been in force for about one year require that within 90 days of their coming-into-force, storages of certain materials in excess of specified quantities, be registered. Between 1,000 to 2,000 sites have been registered to date. Since the widelypublicized P C.B. spill and fire in Quebec, a federal interim order was issued under the Canadian Environmental Protection Act, compelling parties to come forward with information concerning storages of P.C.B's. As a result the number of registered P.C.B. sites in B.C. has approximately doubled over the last six months to about 500.
Mr. Hubbard also noted that Legislators must still address problems associated with treatment of special wastes at preexisting sites. Many sites are contaminated but not to a degree to qualify them as "special waste" problems under the current legislation. Many such sites have become an issue recently because of the current real estate development boom. In situ treatment by natural biological processes may be the preferred solution to this problem.
Employment Discrimination and Criminal Convictions: How much Protection does
the
Human Rights Act Offer Employees?
In a recent Municipal Law Section meeting Henry Castillou, solicitor for the District of Coquitlam, noted a recent case in which the Human Commission upheld the discharge by the District of a firefighter who had numerous criminal convictions for indecent
exposure prior to his employment with the District. The principal matter to be determined in this case was whether the convictions, relied upon by the District, were "unrelated" to the Complainant's employment. In addressing this issue, the Commission considered several principles; in particular, a standard test which can be applied when making a decision on this question, and an apparent requirement for standards of conduct of some public servants. The Commission approved the principle that an employer must consider the circumstances of the conviction before concluding that the charge related to the employment. The details of the offence, length of time intervening between the conviction and the employment decision, the employment history of the individual, his or her age at the time of the offence and efforts at rehabilitation must all be considered.
New Workplace Hazardous Materials Information System could have Drastic Effect on Employer/Supplier Clients
The Workplace Hazardous Materials Information System (WHMIS) is a nationwide system to provide consistent information on hazardous material (known as "controlled products" in the legislation) used in a workplace. WHMIS attempts to recognize the interests of workers, employers, suppliers (defined as a manufacturer, processor, packager or importer of controlled products) and regulators by balancing the worker's right to know about hazardous materials used at the workplace with industry's right to protect confidential business information. WHMIS imposes significant obligations both on suppliers of controlled products
intended for use in a workplace and on employers who have controlled products at their workplace. The three key elements of WHMIS are labels, material safety data sheets and worker education programs. Labels must be applied by suppliers and/ or employers to controlled products or their containers to ensure that workers are alerted to the dangers of the product and are familiarized with basic safety precautions. Material safety data sheets must be provided by suppliers and/ or employers to set out detailed information about the controlled product's composition, reactivity, health effects, preventative measures and emergency procedures. Worker education programs must be provided by employers to workers concerning the content, purpose and significance of the labels and material safety data sheets of controlled products at the workplace, as well as procedures for the safe use, storage, handling and disposal of such products. Alan Winter warned Construction Law members that compliance with the scheme is supported by federal sanctions of up to $1,000,000 .00 fine or two years in jail for a director or officer involved with an offence. No set penalty exists in the B.C. legislation. He encouraged members to advise clients of this not yet well known scheme and to urge them to send representatives to the Worker's Compensation Board seminars to learn about WHMIS.
Lawyers for Social Responsibility
Vancouver ConferenceNuclear Weapons and the Law$7,000
Support for previously -funded projects or programs was reaffirmed as follows:
Canadian Bar Association (B C.)
Lawyer Referral Service 89/90$ 74,292
Canadian Bar Association (B C.)
Dial-a -Law Program- $111,655
Mental Patients Association courtworker proj e ct- $29,014
Canadian Law Infonnation Council operating 89/90-$44,000
B.C. Courthouse Library Society core funding 1990-$1,939,890
University of Saskatchewan Native Law Centre
operating expenses 89/90$10,000
Community Legal Assistance Society
management improvement fund assistance- $2,375
Public Interest Advocacy Centre moving expenses- $15,000
Interest from lawyers' trust accounts enabled the Foundation to make a total of $5,246,127 in grants thus far in 1989.
Four governors have recently been appointed to the Board of the Law Foundation: Jacqueline Dorgan of Victoria; Glen Ewan of Golden; Douglas Walls of Prince George; and Maire Shaw of Vancouver .
Retiring Board Members are: Pam Murray; Dr Anne Au tor; Glenn Clements; and Judge Thomas Melnick.
