BarTalk October 2003 by The Canadian Bar Association, BC Branch

Executive

The Canadian Bar Association British Columbia

The Online Legal Professional

New Web resources for busy lawyers

earning about the law is one thing; learning about the practice and business of law as a profession is quite another. Luckily, you're not alone .

Here in B.C., we're fortunate to have many useful resources online, including the Practice Resources Section of the Law Society Web site (www.lawsociety.bc.ca) and a soon-to-come extension of B C.'s CLE Society pilot project of online publications and resources (www.cle.bc.ca) .

Until now, however, there's been no single 'portal' that offers a full compendium of peer advice, tips, practice links and Web-based presentations to help you tackle the everyday challenges of starting, running and surviving life in a legal practice. Now, the CBA has a new way to help.

The CBA has launched its latest member benefit: PracticeLink, an online 'legal portal' to the resources you need if you're in law. Take a moment today to look around it: there are myriad articles written by lawyers and other experts, checklists for survival and success, taped presentations on everything from marketing your firm to managing people, and a thousand other resources you never expected to find conveniently housed in one searchable location .

Here's just a taste of some of what you'll find:

Guerilla Tactics on Getting Paid: 94 practical and creative tips on how to get clients to pay outstanding accounts -a real challenge for many lawyers .

Planning Ahead for Partner Retirement: Practical ideas on how to make the transition straightforward and beneficial for both the firm and the retiring partner.

Client Partnering: What's the changing nature of the client-lawyer relationship, and how can you revitalize existing client relationships?

Legal Practice and the Internet: Marketing Strategies: How to use the Web as part of your firm's marketing strategy.

Guide to Human Resources for Law Firms: How to create, maintain, and end the employment relationship.

Stormy Weather or Clear Skies? The Future of the Legal Practice: What's ahead, and how best to respond.

Putting Happiness Back Into Your Practice: 30 ideas for how to get more happiness and satisfaction from your work environment.

Independence Day: Starting Your Own Law Firm: Learn how to quickly develop a firm yourself, from someone who's really done itfrom staff to furniture and even stationery

The Legal Practice Technology Plan: Your guide to the architecture and implementation of a technology plan that can help you become more effective, efficient and organized.

Technology for the Solo, Home or Mobile Office: Mobile Computing: The name says it all.

'Test drive' your newest CBA benefit: go to www cba.org/CBA/PracticeLink, sign in with your CBA membership number, and tell us if it meets your expectations. Suggestions and ideas for new resources are very welcome . •

Robert C. Brun

President 2003/2004 B C. Branch , Canad ian Bar Associat ion

Civility and Shakespeare The practice of law

fter what seems like a very brief 25 years of practice in the bar of British Columbia, I have been called upon to write my first President's Column It occurred to me, after some prompting, that the ideal topic would be to emphasise the importance of civility in the day to day practice of law .

In 1978, when I was called to the bar, we laboured without the benefit of word processors, fax machines or e-mail. Couriers were a rarity Correspondence arrived at our office once a day and there was time for careful considera-

While the technology may have advanced over the past 400 years , William Shakespeare was correct when he praised the ability of lawyers to remain true, not only to their client, but also to themselves and their profession . In Act 1, Scene 2 of The Taming of the Shrew he observed :

And do as adversaries do in law, Strive mightily, but eat and drink as friends .

Since I was called to the bar the size of the profession in British Columbia has tripled. Nonetheless, in many ways we are still a small, tion before a reply was deemed necessary

In today's computer driven world e-mail messages can flow back and forth with the click of a mouse. Letters

I have noticed the jurors always look a little confused when they first hear counsel referring to each other as "friends." This is closely knit group

Each lawyer's personal reputation is one of their most important assets in the practice of law. As men and women fighting the good one of the great traditions of the bar and it should be maintained.

are faxed ore-mailed as attachments and responded to after the briefest of consideration . The age old admonition of "act in haste, repent in leisure" is often overlooked . The technologically imposed safeguards of a bygone era, when letters were dictated, then typed on actual typewriters and returned for revision at some later time, when pass i on had cooled, are gone.

At the recent Canadian Bar Association Annual Meeting in Montreal, Eugene Meehan, Q.C., a past National President of the CBA, pointed out that civility is not simply the proper thing to do but it is also strategically wise He argues that civility is not only a shield, but also a sword

As lawyers we are under enormous pressure to advance our clients ' cases We should howeve r not forget the importance of maintaining good relationships with our fellow adversaries When lawyers start to take the issues under litigation personally then both counsel and client suffer

fight on behalf of our clients we must not lose sight of the fact that opposing counsel is also our "friend."

When doing jury trials I have noticed the jurors always look a little confused when they first hear counsel referring to each other as "friends." This is one of the great traditions of the bar and it should be maintained . For this reason I always explain to the members of the jury, the first time I refer to opposing counsel as my friend, that this is a tradition of the bar and that just as the Judges are "brothers" or "sisters," counsel remain each others' friends

So, as the new President of the CBABC, I urge each and every one of you to strive mightily on behalf of your client but remember that your relationships with other lawyers will carry on long after the file has been closed For your own health , as well as the health of those around you, make civility a part of your prac-

News From the CBABC

New services for members

he Canadian Bar Association is committed to providing services of real value to its members. In this article, I would like to outline for you several exciting new developments

First, the CBA and the Canadian Bar Insurance Association have incorporated the CBA Financial Services Corporation to provide financial services to CBA members at advantageous rates. While it is intended that this Corporation will provide a variety of financial services, the most important of these will be introduced this fall- a registered retirement savings plan .

CBA Financial Corporation is in the final stages of selecting the service provider who will offer the management of the RRSPs to members and their staff at attractive fund management fee rates.

Many of you are familiar with the RRSP plan that has for a number of years been offered by the British Columbia Medical Association to doctors

This is a wonderful opportunity for CBA members in that the strength of numbers has permitted real bargaining power that will mean more of the wealth in your RRSP plan remains available to you rather than being paid to a fund manager. You should expect to receive more information with greater detail before the end of the year.

The second significant development is the introduction of ListServs (Message Boards) by CBABC. Message Boards are available for all Sections at www .bccba.org under CBABC Sections A general discussion Message Board is in the Lawyer Lounge on the Web site.

Our Message Boards provide a platform to ask questions, offer advice and share information online. One of the important features is the ability of members to register to participate in discussions via e-mail. For more details about the operation of the Message Boards see the Web column in the August issue of BarTalk

(available online at www bccba org) As well, we are seeking moderators for each Message Board (see page 18) .

Finally, in this issue you will find a new member services insert. Previously, the CBABC published a member services pamphlet that was distributed on an annual basis. It was repo r ted to us that often members misplaced it or the information became outdated . It is our current intention to include a member services insert w ith each BarTalk The insert will detail the entire list of CBA preferred suppliers and legal products, as well as a "hot sheet" which will highlight current specials and limited time offers available to CBABC members.

Another new feature that we have introduced is an invitation to members to sign up for the member services e-mail distribution list. This is a confidential list which will be used only by CBA member services to distribute electronically member services updates only to those members who wish to receive the information To sign up, send an e-mail to member_services@bccba.org with the words "please add me" in the subject line. As with similar types of subscriptions, you may unsubscribe at any time

In this issue, you will also find information with respect to our annual Whistler /Blackcomb lift ticket program. Members who participate in the program receive substantial savings by purchasing their ski passes through CBABC member services.

As well, I am pleased to report that the CBABC this year, has expanded its ski promotion program to include Sun Peaks Resort and Mount Washington Alpine Resort. Members will have access to reduced prices on single day tickets until November 14,2003.

The CBABC Member Services Committee is always interested in investigating and offering new and additional member services to members. If you have ideas, please forward them to me . •

On ce is never enoug h!

If you have changed firms, changed addresses , have a new e-ma il add r ess o r phone/fax number , you need to let us know . Letting the Law Society in on the sec r et is not enough!

Contact us at data@bccba.org, phone 604687-3404 or fax 604- 669960 I. (To ll free options: phone 1-888-687-34 04 o r fax 1-877-669-960 I ).

Frank Krae m e r

Executive Di r ector B C. Branch , Canadian Bar Assoc iation

Bench_

Drnner

The 19 'h annual Benc h & Bar Dinner wi ll be hel d Thursday, November 20 in the Great Hall at the Vancouver Law Courts

The reception begins at 6:00 p.m (cash bar) with dinner following at 6:45 p m Tickets cost $75 per person (includ ing GST).

The d inner wi ll honour the recip ient of the 2003 George s A Goyer, QC Memorial Award for Distinguished Service

Tickets are lim ited and available only while quantities last, so place your order early! To order t ickets, contact Kris Johnson at 604687-3404, ext 306.

Receivables 101

Guerrilla Tactics on Getting Paid

Looking for a lternatives to the tradition a l retainer approach to billing clients? According to Lonn y Balbi, of the Balbi & C o mpan y Legal Centre, guerrilla tactics ar e sometimes necessar y and he has 94 suggestions to encourage clients to pay up .

Mr. Balbi and Edmonton lawyer Marla Mil ler collaborated by searching the legal landscape to find some gems which would be of practical value to lawyers, and he offers up these in the current "trade secrets" portion of CBA PracticeLink. Along with the usual suggestionspro v iding w ritten quotes, estimating accurate-

ly and reporting regularly to clients - he encourages credit card authorization and "striking while the iron is hot," particularly when a file has just been settled

To read the other 90 or so guerrilla tactics on getting paid, visit CBA's new portal Web site, CBA PracticeLink . You'll also find articles and guides on client care, tips for marketing your practice and managing your finances, as well as suggestions on how to balance work and personal life. To see CBA PracticeLink, visit www cba org / CBA / PracticeLink. •

National Identity Cards: Yea or Nay?

As debate heat s up on the pros and cons of national identity cards, the national Immigration, Criminal, Constitutional and Priv ac y Law Sections are collaborating on a CBA policy position The CBA will stress that a national policy on identity should rightly be adopted by Parliament before considering any specific implementation measures, including a national identity card When it comes to national identity cards, discussion centres on issues such as

justification for the cards, what is achievable by the cards, what other countries have learned , impact on individual liberties, privacy v ersus national security, and whether the enormous financial cost could be better put toward achieving public safety in other ways .

The CBA will appear before a Parliament ary Committee in October and w ill attend the Minister of Citizenship's Biometrics Forum . •

Branch and Bar Calendar October - December 2003

October 17-19 IACP Conference for Co llaborative Professionals (Vancouver)

October 23-25 National Sect ions meetings and workshops (Ottawa)

October 23

October 25

November 7

November 12 UBC Law Alumn i Association Distinguished Speakers Breakfast (Law Courts Inn Restaurant, Vancouver , 7:30 a.m.)

Prince Rupert County Bar Meeting

What Can You Do With Your Law Degree? (Plaza 500 Hote l, Van c ouver, 9:00 a.m to 4:30 p.m.)

Past President's Dinner (Fairmont Waterfront Hotel, Vancouver , 6: IS p m Reception, 7:00 p.m Dinner)

November 13-15 "Calder, Aboriginal Rights and the Treaty Process: Looking forward , looking back" (UVic)

November 18 New Westminster Bar Association AGM (Westm inster Club, 713 Columbia St., New Westminster , 5 :30 p.m. Cocktails , 6:30 p .m. Dinner . RSVP: Kenneth Armstrong at 604-523-7096)

November 20 Bench & Bar Dinner (Law Courts , Vancouver, 5:45 p.m Reception , 6:30 p.m Dinner)

November 21

Executive Committee Meeting (CBABC Boardroom)

November 24-25 "The New Wave of Privacy Protection in Canada: Understanding and Implementing the New

December 5

December 6 Legis lation" (Fairmont Hotel, Vancouver)

Local & County Bar Presidents ' Meeting (Delta Airp o rt Hotel, Richmond , 9:00 a.m. t o 4:00 p m.)

Provincial Council Meeting (Delta Airport Hotel, Richmond, 9:00 a m to 3:00 p.m.)

To announce an upcoming event or meeting in the Branch and Bar Calendar, please call Sandra Webb at 604-687-3404 or toll free 1-888-687-3404 (e-mail cba@bccba org)

The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and lega l and political issues affecting a given area of practice They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession What follows is a sample of the recent activities of some Sections.

AIR LAW

Ian MacKay, Vice President, Law, Policy of the Canadian Air Transport Security Authority

Shelley Bentley (CATSA) discussed the activities, structure and responsibilities of CATSA. CATSA is governed by the federal Air Transport Security Authority Act and funded by the consolidated Revenue Fund . It is responsible for pre-board screening, Shelley Bentley is in pri vat e hold-bag screening, non-passenger screening, practice at G Dav ies & enhanced restricted area passes, airport policCompany ing programs and aircraft protective officer programs for 89 airports. Some of the current issues facing CATSA are:

• What happens when contraband is found in luggage? CATSA' s position is that they have

no duty to disclose what they find;

Section

Mr . Rennie outlined the extensive research undertaken by the CBA leading to a background brief and the recommendation that it oppose sweeping changes to the law of civil liability without full consideration, consultation and a demonstrated need. Mr. Singleton pointed to the following as examples of factors justifying law reform in the area of joint and several liability:

• The liability explosion in the last 20 years;

•

• The increase in insurance premiums in the past few years; and

Significant changes in the law in the last 25 years, including the law of negligent misrepresentation, economic loss and concurrent liability in contract and tort, leading to an increase in liability exposure .

Mr. Osbourne opposed the civil liability review as a government attempt to reduce the cost of judgments against it at the expense of individual rights

HEALTH LAW

Lillian Bayne, Regional Director of Health Can-

• Confidentialityofpassengerinformation; ada and past Assistant Deputy Minister spoke about the future of the Health Care Commis-

• War risk and obtaining insurance coverage sian She commented that this commission diffor this; fers from many others because:

• Use of space at airports- CATSA currently doesn't pay for it; and

• The use of airports as contractors for serv ices.

CIVIL LITIGATION-VANCOUVER

Lawyers Stuart Rennie, John Singleton and David Osbourne addressed the six areas targeted by the B.C. Government in its civil liability review : the law of limitations; joint and several liability; structured damage awards; vicarious liability; the non-delegable duty doctrine; and costs in class proceedings.

• • • It is based in Saskatchewan (the birthplace of Medicare), rather than in Ottawa; It is led by an ex-premier; and ltisfocusedonCanadians'valuesandletting Canadians speak for themse lves .

Extensive public participation involved in the Commission's investigation showed that Canadians are concerned about the future of Medicare and want to preserve it. They blame those in authority for its deterioration and

Have you enrolled in Sections?

It's never too late to register! This year CBABC law student and articling student members are eligible to enrol in five free Sections. Intermediate lawyers (less than five years call) receive one free Section when enro ll ed in two Sections and two free Sections when enro ll ed in four or more Sections. Regu lar CBABC members (five or more years call) receive one free Section when enrolled in four or more Sections

Take advantage of these offers and send your 2003/ 2004 Section enrolment form to the CBABC office

Several Sections have alr eady he ld meetings. When enrolled you may view or down load materials at www.bccba.org.

Call the CBABC or visit the Web site for an enrolment form.

Section Talk

Continued from page 5

want to be engaged in preserving it. Accountability is key to reform in this area . The Commission has proposed establishing a health council to take responsibility for : establishing common indicators; measuring performance; establishing benchmarks; collecting information and reporting publicly; coordinating evaluation and assessment activities; and providing ongoing advice and coordination in reforms.

INSOLVENCY LAW

Clive Bird, of Borden Ladner Gervais, delivered a comprehensive update on commercial insolvency law in Canada. In particular he highlighted these issues and areas of concern:

•

Interim receivers and the very broad powers given to them in Ontario proceedings as compared to their statutory mandate and the powers given to them in other provinces;

The Quebec decision of Peoples Dept Store v Wise, concerning the duties of directors owed to creditors on the eve of a company's insolvency;

The Quebec decision in Jefferey Asbestos, concerning a monitor's obligations to employees under a collective agreement;

The Alberta case of Sulphur Corporation concerning a "debtor in possession" issues in CCAA proceedings where "debtor in possession financiers were given priority over provincial lien claimants by an exercise of the court's equitable jurisdiction;

•

The use of corporate statutes in insolvency proceedings especially the use of the Canada Business Corporations Act to reorganize or extinguish rights of certain shareholders;

The case of CC Petroleum and equitable subordination.

WILLS AND TRUSTS-VANCOUVER

Kirsten Jenkins, of Bull, Hausser & Tupper, discussed the rights and powers of minors and their guardians to deal with a minor's property and pointed out the numerous areas where this power is not well-defined in B.C. Issues in this area commonly arise in a number of contexts, for example, in the entertainment business with minor actors, in the area of technology development and in the estate context where a minor inherits .

Ms. Jenkins said there are no restrictions on the ability of a minor to hold legal title to property but the difficulty is in dealing with the property. She discussed a minor's ability to contract, capacity orders under the Infants Act and guardianship and its governing legislation.

WOMEN RAINMAKERS-VANCOUVER

Peter Legge, Chair of the Vancouver Board of Trade, author, and winner of the Toastmasters International"Top Speaker in North America" award, spoke on being successful in business. His formula was: be active in the business community; do something extraordinary; learn to be an accomplished speaker; serve the community; use the words "I will"; be ethical; and balance your business and your personal life . He stressed that serving your community is the most important key to success. (Editor's Note: See 2004 Community Service Award nomination form insert in this issue.) •

Public Legal Education and Information Catalogue

The Public Legal Education and Information (PLEI) Working Group of B.C. has just published a catalogue of PLEI workshops, print, audio-visual, and online materials. Discover how these resources can help you in your work. To learn about the work ing group, visit www.lss.bc.ca/whats_new/ new_lss.asp

Read the catalogue online at: www. lss.bc.ca/whats_new/new_pubs asp Order the catalogue: e-mail distribution@ lss.bc.ca

2003/2004

David J. Bilinsky Dav id J. Bi linsky is the Practice Management Advisor at the Law Society o f British Columbia. He can be reached on the Internet at dbili nsky@lsbc org.

The views expressed herein are str ictly those of the author and may not be shared by the Law Society of British Columbia.

The Pursuit of Happiness Opening

doors with a little help from your friends ...

}lWhen I was younger, so much younger than today, I never needed anybody's help in any way. But now these days are gone I'm not so self assured, Now I find I've changed my mind, r ve opened up the doors.

Words and music by John Lennon I Paul McCartney, recorded by Peter Sellers

d Sikov, in his biography of Peter Sellers (Hyperion Press, 2002), notes how Sellers spent all his time chasing around the world after cars (50), women, and possessions (including a mechanical elephant) because he believed that these would make him happy. Even his friends stated that he treated them abominably and he treated others even worse. Sellers was what we would call 'a person with issues ' Undoubtedly, he was successful in his career as a comedian/ actor , but at the time he died, he and his fourth wife were in the process of divorcing, he had become alienated from his three children and he died from a broken heart looking for happiness as much as he suffered from his final heart attack.

In a way, it is too bad that Peter Sellers was way ahead of his time. Daniel Gilbert, a professor of psychology at Harvard, Tim Wilson, a psychologist at the University of Virginia, George Lewenstein, an economist of CarnegieMellon, and Daniel Kahnerman, a psychologist and Nobel Laureate in economics, at Princeton are doing ground-breaking research on the decision-making process that shapes our sense of well-being - in essence, the pursuit of happiness. Their research reveals that wealth above middle-class comfort makes little difference to our happiness. The problem seems to be that there is a shortfall between anticipation and reality when contemplating the future you de -

sire - in both intensity and duration. Their work in 'affective forecasting' highlights that everything we have thought about life choices and happiness has been naive and at worse, greatly mistaken. As Gilbert states:

"You know, the Stones said, 'You can't always get what you want' . I don't think that's the problem. The problem is you can't always know what you want."

In other words, we pursue the things that we think will make us happy, but they are like a chocolate bunny - they turn out to be hollow in the centre.

What lessons are there for finding happiness? Let us look at some suggestions in this area:

Gilbert, Wilson, Lewenstein, and Kahnerman' s resear ch reveals that social interaction and friendships give long-term lasting pleasure. Loewenstein believes that this might mean taking more time with friends and less time makingmoney .

In The Art of Happiness at Work, The Dali Lama with Howard C. Cutler (Riverhead Books, 2003) states that work falls into three categories: survival, career and calling . Survival is concerned with salary, stability, food and clothing . Career is concerned with advancement . Calling focuses on work with a higher purpose. The Dali Lama states that happiness is achieved with activity that has a positive goal - a positive purpose His message is clear : to be happy, we must seek work to which we are drawn that has a higher purpose

BBCl on January 6, 2003 ran a program "The Formula for Happiness." Apparently , happiness = P + (SxE) + (3xH). Here is how it works:

LAP

Lawyers Assistance

Program

LAP provides confidential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from a lcohol and/or chemical dependency, stress, depression or just about any type of personal problem

For assistance or information on meetings and resources please call 604 -685-2171 or toll free 1-888-685-2171

The LAP office address is 415-1080 Main land Street, Vancouver, B.C. V6B 2T4.

Visit LAP on the Internet at www.lapbc.com

Practice Talk

Continued from page 7

P stands for Personal Characteristics, including outlook on life, adaptability and resilience. E stands for Existence and relates to health, financial stability and friendships. H represents Higher Order needs, and covers self-esteem, expectations, ambitions and sense of humour. On a scale of one to 10, where one is "not at all" and 10 is "to a large extent," answer the following questions

1. Are yououtgoing,energetic,flexible and open to change?

2. Do you have a positive outlook, bounce back quickly from setbacks and feel that you are in control of your life?

3. Are your basic life needs met, in relation to personal health, finance, safety, freedom of choice and sense of community?

4. Can you call on the support of people close to you, immerse yourself in what you are doing, meet your expectations and engage in activities that give you a sense of purpose?

Now, add the scores for question one and two together to find your P value. The score for question 3 is the value forE, and question 4 for H. The higher your score out of 100, the happier you are.

What if you were facing life-threatening cancer? What if you were a child with serious cancer having suffered loss of hair, limbs, or worse? Is it still possible to seek happiness?

"Happiness is Camping" is a program in rural New Jersey for children who are simply too sick to have a summer experience anywhere else. The program's mission is to provide a free yearround program for cancer patients ages six to 16, to provide opportunities for these children to enjoy moments of laughter, joy and happiness in a setting designed for that purpose. Many of the kids who come to this camp are bald from chemotherapy, or have artificial limbs, or other physical abnormalities that would make them embarrassingly conspicuous at a "normal" summer camp. What is happi-

ness at this camp?

• Waking up to the chattering of birds;

• Gliding across a still lake in a rowboat;

• Singing the camp song before digging into three hearty meals each day;

• Splashing in a cool pool on a hot day with noisy friends;

• Laughinguntilyoursideshurtattheweekly talent competition;

• Holding hands and singing at day's end; and

• Falling asleep to the sound of crickets .

Perhaps these children can teach us all a lesson that was voiced by Abraham Lincoln when he said, "Most people are about as hapPY as they make up their minds to be."

Lastly, look after close relationships - people with close relationships (friends, partners, etc.) cope better with grief, job loss, illness and life crises. People who could name five close friends were 60 per cent more likely to be "very happy" than those who couldn't name any Accordingly, if social interaction and friendships are key, then we should pursue opportunities that bring us into contact with colleagues and friends. It would be even better from a utility perspective if this social interaction was in the context of learning ways and means of becoming more effective - thereby opening the doors to enjoying our free time. •

Pacific Legal Technology Conference

Friday, November 7, 2003

Vancouver Trade & Convention Centre

Learn about the latest legal technology, and meet fellow lawyers, legal administrators, researchers and others who are generating real results in this area.

www.paciflclegaltech.com

Stuart Rennie Stuart Renn ie is the CBABC Leg islation & Law Reform Officer. He can be reac hed at 604-949-1490 (e-mai l srennie@bccba org)

Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon Lawyers should refer to the specific legislative or regulatory prov is ion You will see a reference in some cases to the numbe r of the Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and wh ich is the proper citat ion for the Act. The Bill Number has been given to you to make it easier for you to note up the Bi ll s you may have in your library

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

ACTS IN FORCE

Health Care (Consent) and Care Facility (Admission) Amendment Act, 2002, S B C. 2002, c 46 (Bill44)

Amended: Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181

Transitional Provisions: None

Statutes Repealed: None

Summary: Sections 1 to5amend the Health Care (Consent ) and Care Facility (Admission) Act. Section 1 replaces "health care" with an expansive definition . Section 2 specifies the procedures, services, care and treatment to which the Act does not apply. Section 3 clarifies that a health care provider must not provide health care to a person who, while a capable adult, expressed the intention that they not receive treatment. Section 4 provides that the duty under the Act to consult with a spouse, relative or friend of the adult is subject to the spouse, relative or friend being reasonably available for consultation. Section 5 allows a person chosen under section 16 of the Act to give orrefuse substitute consent for treatment in certain circumstances . Section 8 adds provisions regarding collection of personal information and disclosure of information . Section 9 is consequential to the amendment made by section 8 . Section 10 repeals provisions of the Act in the Supplementthatarenot in force

In Force: Sections 1 to 5 and 8 to 10 in force October 1, 2003

Emergency Act, R.S B.C. 1996, c. 182; Health Professions Act, R.S .B.C. 1996, c. 183; Medical Pra ctitionersAct , R.S B C.1996,c.285;NameAct , R.S.B.C. 1996, c 328; Survivorship and Pre sumption of Death Act, R.S.B.C. 1996, c.444; and Vital Statistics Act, R.S.B C. 1996, c 479

Transitional Provisions: Health Emergency Act; Hearing Aid Act; and Name Act

Statutes Repealed: Hearing Aid Act, R.S .B.C. 1996, c 186; SeniorsAdvisoryCouncilAct,R.S.B C. 1996, c. 423

Summary: Section 1(b) amends Schedule 2 to the Freedom ofinformation and Protection ofPrivacy Act to eliminate the Seniors Advisory Council as a public body under that Act. Section 21 repeals the Seniors Advisory Council Act.

In Force: Sections 1(b) and 21 in force August 28, 2003

Health Planning Statutes Amendment Act, 2002, s.B .c. 2002, c . 15 (Bill19)

Amended: Freedom of Information and Protection of Privacy Act, R.S .B.C. 1996, c. 165; Health

Industry Training Authority Act, s.B.C. 2003, c. 34 (Bill 34)

Amended: Consequential amendments made to the: College and Institute Act, R.S.B.C. 1996, c 52;FinancialinformationAct , R.S .B.C.1996,c.140; Freedom of Information and Protection of Privacy Act, R.S.B .C. 1996, c . 165; Homeowner Protection Act, S B.C. 1998, c 31; and Homeowner Protection Amendment Act, 2001, S.B.C. 2001, c . 14

Transitional Provisions: IndustryTrainingand Apprenticeship Act

Statutes Repealed: Industry Training and Apprenticeship Act , S.B.C. 1997, c . 50

Summary: Bill 34 repeals and replaces the Industry Training and Apprenticeship Act . Bill 34 creates the Industry Training Authority which is to maintain, develop, monitor and fund training and apprenticeship programs

Conference: Privacy Legislation

Are your clients ready to comply with Canada's new privacy legislation? Prepare for the January 2004 deadline by attending "The New Wave of Privacy Protection in Canada: Understanding and Implementing the New Legislation" on November 24-25 , 2003 at the Fairmont Hotel Vancouver

By January I, 2004, every business and non-profit organization in Western Canada will be covered by a Personal Information Protection Act - either federal or provincial. A breach of the privacy rights of an employee, client or customer under the new legislation can lead to court imposed penalties of up to $100,000, as well as damages and can severely damage the reputation of an organization.

Presented by: B.C. Freedom of Information & Privacy Association, the B.C. and Alberta Information & Privacy Commissions, and B.C. Management Services.

For conference details, visit www ellisriley on.ca/fipa.

Legislative Update

Continued from page 9

In Force: Act in force January 2, 2004

Community Service Awards

December 31 is the dead line for nom inating a lawyer in your county for a CBABC Community Service Award. Ensure your co ll eagues are recognized for their contributions, w ith loca l and med ia profi le for the good work they do See the nomination form in th is issue or download the form at www bccba.org

Conference: Aboriginal Rights and the Treaty Process

The conference " Calder, Aboriginal Rights and the Treaty Process : Looking forward , looking back" will occur November 13-15 at the University of Victoria It will explore the origins of the Supreme Court of Canada 's recognition of Aboriginal title in Calder v AG B C. (1973).

This major international conference will reflect upon future directions , examine the evolution of law and policy since those first , largely uncharted beginnings, and suggest the principles that should guide us today.

The conference is hosted by the UVic Faculty of Law in partnership with the Department of Justice and the Nisga'a Lisims Government Fo r more information and to download a registration form, visit www law uvic ca/ calder

Legislative Update

Continued from page I I

REGULATIONS TO NOTE

Coastal Ferry Act, amends B.C. Reg . 109 / 2003 regardin g schedules defining ferry terminal land s, highwa y lands and surplus highway lands (B C. Reg 282 / 2003effectiveJuly25,2003)

Environmental Assessment Act, repeals B.C. Regs 278 / 95(Environmental Assessment Pre s cribed Time Limits Regulation) ; 276 / 95 (Environmental Assessment Reviewable Projects Regulation); 216 / 2002(Regional District Definition Regulation); and 277 / 95(Transition Regulation) (B.C. Reg . 290 / 2003 effective July 25, 2003) It amends B.C. Reg . 370 / 2002 (Reviewable Projects Regulation) redefining the definitions of "energy " and "energy resource" (B.C. Reg. 289 / 2003 effective July 25, 2003)

Industry Training Regulation , creates a new regulation prescribing accredited programs (B C. Reg . 324 / 2003 effective January 2, 2004).

Insurance Corporation Act, creates the Special Direction IC1 to the B.C. Utilities Commission regarding the ex e rcise of the Commission's powers and functions as the y apply to the corporation (B.C. Reg. 321 / 2003 effectiv e August 12, 2003)

Motion Picture Act, amends B C. Reg 260 / 86, to add prescribed circumstances prov isions for viewing at e ducational institutions and reconsiderations b y the director (B.C. Reg. 296 I 2003 effe ctive August 1, 2003)

Motor Vehicle Act, amends B.C. Reg 26 / 58, respecting speed zones (B.C. Reg 319/2003 effective August 6, 2003)

Offence Act, prescribing speed offences under the Motor Vehicle Act to the Offence Act , (B .C. Reg . 299 I 2003 effectiv e August 1, 2003), amends B.C. Reg 422 / 90 to create new forms regarding speedin g offences (B.C Reg . 298 / 2003 effective August 1, 2003) .

Transmission Corporation Act, creates a new regulation to define "transmission system " (B .C. Reg 307 /2 00 3 effectiv e Jul y 25 , 2003)

Workers Compensation Act, am ends B C. Re gs. 296 /9 7 (Occup a t io nal H ea lth and Safet y Regulation) and B C. Re g. 146 / 93 (Regulations for Agricultural Operations) (B .C. Reg. 312 / 3003 effective Octob e r 28, 2003) a nd amend s B.C. Regs . 296 / 97(0ccupational Health and Safety Regulation) , 146 / 93 (Regulations for Agricultural Operations) and 585 I 77 (Indus trial Health and Safety Regulati on) (B.C Reg 315 / 2003 effective October 28)

NEW BILLS TO NOTE

There are no new bills to note because the 4th Session, 37th Parliament of the 2003 Legislative Assembly was adjourned until the Fall Session began on October 6, 2003. It will continue until November 27, 2003

REPORTS AVAILABLE

Draft Forms under the Business Corporations Act for comment (August 2003) . Source: Ministry of Finance. Available at : www . fin . go v. bc . ca I registries I colin / forms.htm

Draft Regulation under the Business Corporations Act for comment Guly 2003). Source : Ministry of Finance Available at: www fin gov bc ca / PT / fcsp / consultBCA.shtml.

Follow-Up of Performance Reports (1999-2002) (August 2003). Source : Auditor General. Available at : http: / / bcauditor.com/ AuditorGeneral.htm.

Model Statutory Powers Provisions For Administrative Tribunals Discussion Paper (August 2003). Source : Ministry of Attorney General. Available on the Internet at: www .gov .bc.ca / ajp I down / ajo_aug25_03.pdf.

Practices and Procedures (August2003) Source : Employment and Assistance Appeal Tribunal. Available at: www gov.bc ca / eaat /.

Report on Year 6. (August 2003) Source: B.C. Law Institute A v ailable at: www.bcli org. •

E-mail Letters to the Editor to: Caroline Nevin, BarTalk Senior Editor

E-mail : cne v in @bccba org

COURTHOUSE LIBRARY SOCIETY

Ask A Librarian

B.C. Business Corporations Act

The B.C. Courthouse Library Society is pleased to answer queries regarding their services, sources for legal information, and legal reference questions . Fax questions to 604-660-2821, call 604 -660 -2841 or email bccls@bccls bc.ca.

AQi'(( lmplementation Date for

Business Corporations Act Delayed to Early 2004

The B.C. Government previously advised that the new provincia l Business Corporations Aa - wh ich wi ll rep lace the current Compony Aa - would take effect this Fall. On September 26, the B.C. Government advised that the new projected implementation date w ill be in early 2004.

Current information about the Business Corporations Aa is available at the Business Corporations Aa Project Web \\ site: www.fin.gov.bc.ca/ registries/colin/defau lt htm.

Where can I find information about the new B. C Business Corporations Act?

The new Act has been a while in the making. A new Company Act, S.B.C. 1999, c.27 was introduced and passed July 1999 but was never brought into force. The Business Corporations Act, S B.C. 2002, c 57 received Royal Assent on October 31,2002 and will repeal and replace the current Company Act, R.S.B.C. 1996, c .62. This new act is expected to be brought into force by regulation in early 2004. Amending legislation has already been introduced; the Business Corporations Amendment Act, 2003 (Bill 60) received pt reading on May 27, 2003 before the Legislature adjourned for the summer.

As well as the Act, the following are posted for public consultation and input from interested parties:

• draft regulation (www .fin .gov .bc.ca/ PT I fcsp I consultBCA.shtml) and

• draft forms (www.fin gov.bc ca/ registries I colin/ forms.htm)

The B.C. Courthouse Library Society also has various publications regarding the new Act. A few specific titles include:

• Annotated B.C. Business Corporations Act (Annotations are from the previous Company Act; there is a Table of Concordance as well as the new Act).

Available in Vancouver, Kamloops, Kelowna, Nanaimo, New Westminster, Prince George and Victoria

• B.C. Business Corporations Act Transition Guide (CLE) . Available in most courthouse libraries throughout the province.

• B C. Company Law Practice Manual (also CLE, with a new edition expected in September 2003). Available in most courthouse libraries throughout the province.

The Ministry of Finance developed a Business Corporations Act Project Web site (www.fin.gov.bc ca/registries/ colin/ default.htm) to provide information on how users will interact with the Corporate Registry under the new Act, links to the relevant legislation, answers to "Frequently Asked Questions" and contact names and addresses for the User Forum and other support services .

CLE also has links to articles, legislation and other resources in their "SpotlightFocus on the new Business Corporations Act" (www.cle bc.ca/CLE/ Analysis/ Special+ Pages I spotlight.htm)

A research guide for the new Act is available at www.bccls.bc.ca in the Research Help section. The guide will be updated as new resources become available

•

BRITISH CoLUMBIA

Lisa C. Fong

Lisa C. Fong practises com· mercial and professional discipline litigation at Ng & Ariss. She is a member of the CBABC Equa lity Committee The Equality Committee is dedicated to addressing equity issues in the law and in the legal profession.

Same-Sex Couples Can Marry in B.C .

... For now

n July 8, 2003, Anthony Porcino and Tom Graff made history in British Columbia by being the first same-sex couple in the province to be legally married.

Their marriage ceremony took place right after the B.C. Court of Appeal decided to lift a suspension of the remedies which it granted in EGALE v. Canada (A.G ), 2003 BCCA 406. The Court found in its earlier ruling that a common law bar to same-sex marriage created by the common law definition of marriage was unconstitutional. To allow governments time to revise their legislation, it suspended its declaratory relief and its reformulation of the definition of marriage until July 12, 2004 (2003 BCCA 251) .

That suspended relief was intended to coincide with the same relief granted by the Ontario Divisional Court in Halpern v. Canada (A.G.) (2002), 60 O.R. (3d) 321. But when the Ontario Court of Appeal overturned the Halpern suspension on June 10, 2003, the B.C. Court of Appeal agreed to vary the unentered order in EGALE by lifting the suspension, with the consent of the federal government and without opposition from the B.C. Government. Since these two decisions, hundreds of same-sex couples have married in B.C. and in Ontario.

The inability of same -sex couples to marry in Canada came under scrutiny as the result of separate court challenges to the legal definition of marriage in three provinces . The first of the three challenges seemingly failed in October 2001 when the B C. Supreme Court decided in EGALE that marriage at common law meant a union of two persons of opposite sex, and that any infringement of Charter rights or freedoms could be justified.

Yet soon after, the Quebec Supreme Court decided in Hendricks v. Canada (A.G.), [2002] JQ No 3816, that the opposite-sex definition of marriage in a federal statute was unconstitutional. The Quebec court gave the government 24 months to revise the legislation. Two

months after that, in July 2002, the Ontario Divisional Court decided in Halpern that the opposite-sex definition of marriage at common law was constitutionally invalid and inoperative. The Divisional Court suspended its declaratory relief for 24 months to allow governments to revise their legislation.

The conflicting findings at the trial level now ap pear to be resolved, given the appellate rulings in both B.C. and Ontario. The federal government has not appealed the rulings in either province, and has withdrawn its appeal of the ruling in Quebec. Notwithstanding, the Association for Marriage and the Family in Ontario has sought leave to appeal Halpern to the Supreme Court of Canada, and the Ligue Catholique has appealed Hendricks to the Quebec Court of Appeal.

In light of the appellate rulings in B.C. and Ontario, the federal government has referred three questions to the Supreme Court of Canada on the federal power to legislate the definition of marriage, and on the constitutionality of the wording of a draft bill legislating marriage between "two persons in exclusion to all others," B C., Alberta, and Quebec have filed notices of intent to intervene in the reference.

While same-sex couples can now marry in B.C. and in Ontario, the future of that right remains uncertain. Will the opinion of the Supreme Court of Canada support the ability of the federal government to legislate same sex-marriage? If so, will the current draft bill be introduced to the House of Commons given the imminent change in the Liberal leadership? Or will the Liberal party under its new leader choose to advance an alternative approach? Will provinces assert the 'notwithstanding ' clause under the Charter to protect provincial legislation preventing same sex-marriages? The answer to these questions and others will determine the fate of same sex-marriage in Canada.

Collaborative Law

I 1 The new kid on the block

he Associate Chief Justice of Alberta , Allen B. Sulatycky, summarizes the dilemma in a letter to all family litigants in Alberta:"Before you rush into court, stop and think about what you really wish to accomplish . If you feel a need to punish your spouse or partner, or to feel supported, the court system will not satisfy such needs "

Collaborative Family Law (CFL) was introduced to the B.C. bar approximately three years ago, so it isn't really new anymore However, many lawyers have either not yet heard of it or do not have a clear understanding of the process

CFL is the brainchild of Stu Webb, an experienced Minnesota family law lawyer who was so disillusioned by the effects of litigation on his clients that he felt he either had to come up with a better process or quit practising family law . He developed CFL in 1990 and the concept spread quickly. The International Association of Collaborative Professionals (IACP) was formed; this year the IACP's 41h Annual Networking Forum for Collaborative Professionals occurs October 17-19 in Vancouver . For more information on the Forum, visit www collabgroup.com.

Far from being a happy-clappy "let's hold hands" exercise, CFL is a skill-based, innovative and multidisciplinary process for resolving family matters without going to court . Instead of husbands and wives hollering, "Talk to my lawyer!" and slamming down the phone, or worse yet, lawyers slamming down the phone on each other saying "We'll see you in court" ; the process encourages the parties to communicate with each other. This is done through a series of four -way meetings between the lawyers and the clients The process also draws on the skills of therapists, counselors, financial specialists and child specialists to address issues that may arise for the family This multidisciplinary approach allows clients to tackle their divorce comprehensively and not just legally . When clients can focus on

their emotional issues, they tend to arrive at speedier resolutions on their legal issues .

At the outset, the separating couple and their two lawyers enter into a contract (the "Participation Agreement") wherein everyone agrees not to proceed to court during the process. If agreement is not achieved and one party wishes to proceed to court then 30 days notice is given, and both lawyers must resign . A collaborative lawyer cannot take the case to litigation if the negotiation fails .

For lawyers, the collaborative process holds a unique challenge : that of putting egos and the need for control aside. Neither the lawyers nor the courts are the decision-makers in this process Instead, solutions uniquely suited to the family are crafted by the most informed people in the team: the clients Lawyers are no longer gladiators; instead, we are guides . Clients are assisted to look beyond immediate emotional and financial turmoil toward a long-range view of the family and the results .

CFL groups have emerged and spread quickly across Canada The largest per capita memberships are in the Western provinces The founding Vancouver group has 45lawyer members, 16 therapists (divorce coaches) and three financial professionals . Of those 45 collaborative lawyers, approximately six practise collaborative law to the exclusion of litigation. The Okanagan Collaborative Family Law Group was founded in 2000, following an energizing presentation by Nancy Cameron of the Vancouver group. Both the Vancouver and the Victoria CFL groups have "collaborated" with the Okanagan group by sharing their experiences and precedents . The Okanagan group has 23 lawyers, six mental health professionals and two financial professionals There are also CFL groups in Victoria and the Lower Mainland Other CFL groups are forming around the province .

Training requirements for groups vary . Most

Lisa Alexander

Lisa Alexa nde r is a member of the Vancouver Collaborative Law Group

Nancy Johnson

Nancy Johnson is the Co-Chair of the Okanagan Co ll aborative Family Law Group.

Bernard Pinsky

Bernard Pinsky is a partner of Cla r k, Wilson and the Chair of its Corporate Finance/Securities and U S Law Pract ice Groups He is the Chair of the C BABC Business of Law Comm ittee

Business of Law Committee

Report from the Chair

he business of law has become a bigger and more time consuming aspect of legal practice than ever before, and the trend will likely continue. Such questions as : Will globalization render lawyers in B.C. the functional equivalent of "hewers of wood and drawers of water"? Will quasi-professionals, accountants, notaries, and paralegals encroach on more and more of traditional legal work? Will there be an outright prohibition against lawyers from being involved financially in their clients, or will the current restrictions be loosened? What will it take to attract young lawyers to our firm? Who will pay out our capital accounts? How long should our firm's maternity leave be?

These and many other questions involving the business of law are being grappled with by a relatively new CBABC committee, called the "Business of Law Committee" (the "Commi ttee"). Since commencing meetings in September 2002, the Committee has discussed and, in some cases, made recommendations to the CBA on the discriminatory Social Services Tax on professional legal services, alternatives to the

Collaborative Law

billable hour method of billing, demographics in the legal profession in B.C. and limited liability partnerships In the view of the Committee, many aspects of the business of practising law are worthy of consideration and hopefully, improvement, in the fast changing dynamic of professional legal practice. It is the intention of the Committee to make recommendations to the CBA that are useful, practical and capable of implementation, and to support the recommendations with an analysis of each issue, focusing on why the issue is important to the CBA, to lawyers generally and to the business of the practice of law.

The Committee will meet monthly this coming year by conference call to ensure participation of Committee members from outside of Vancouver. We are open to suggestions on business issues of concern in the way lawyers practise today and in the future

If you have any such suggestions or comments, please feel free to e-mail them to me at bip@cwilson com. The Committee is just one way that the CBABC intends to make itself meaningful and useful to its members. •

Collaborative Law Web

Continued from page IS

sites

For more in formation on collaborative law in Vancouver, call 604-8781498 or vis it

www collaborativedivo rcebc.org. In the Okanagan , visit www collaborativefamily law ca.

CFL groups require 40 hours of mediation training plus two days of specific CFL training. Advanced CFL courses are offered on an asneeded basis. There are essentially two models of CFL training offered in B.C., multi-disciplinary and lawyer-only.

CFL is gathering support at many levels. It is taught at UBC in the Faculty of Law and is open to third year law students and graduate Psychology students It is on the curriculum at the mandatory "Parenting After Separation" course in Alberta. In Alber t a, the insurers provide rebates to lawyers with CFL training. Some provincial law foundations provide

grants to various CFL groups to help promote the concept (SK $25,000). The Law Foundation in PEl provides each lawyer with $200 toward CFL training In the NWT lawyers receive free CFL training .

Although statistical analysis is in its early stage, anecdotally it appears that about 90 per cent of collaborative files result in enforceable agreements . This is done at a much lower cost than in the traditional paradigm, often as much as 50 per cent lower . The process is also generally much faster, as it is limited only by the pace that the clients set. The real savings, however, are often in the emotional realm. Children are not used as pawns and reputations are not dragged through the courts. Those savings are incalculable. •

Grin vs. Grimace (et al.)

Amarketing snapshot

HY AREN'T YOU SMILING?

Over and over I come across lawyers ' marketing photos that are sporting their best "I will not be pleasant to work with" face. You know the face- it ' s the one that tries to tell us the more serious they look, the more capable they are at representing us . Rubbish.

These photos are on law firm Web sites, newspaper announcements, magazines and bio sheets We're wired for faces; it's what we look at first. But remember, your new passport photo won't qualify. Ever.

We use photos to help people feel comfortable with us. Your friendly face should assure people that you ' ll be easy to work with. Put a glum face beside a cheerful face and which one will be more memorable? Why would I call you over someone else who looks like they're more fun to work with?

Sure, most legal services involve serious matters, but then shouldn't professionals try to help their clients anticipate a pleasant experience nonetheless?

Some of you have told me you'd rather walk on cut glass than have your picture taken. Take some of the fear away and hire a professional photographer who will use a digital camera and can instantly delete the photographs you don't like .

Next time you're facing the lens, put your best face forward .

VOICEMAIL DRONES

Participants at the recent CBA President's Forum in June were told that 87 per cent of a message is conveyed by the tone of voice -not the words In fact, only 13 per cent of the message is conveyed through words when using the phone . Consider the time you spend with clients and prospects on the phone . What impression does your message give?

Your outgoing voicemail message may be one of the first impressions you make with new clients , and it ' s regularly heard b y current ones . We can tell how much we'll enjoy working with you by its tone of voice .

Imagine shaking someone' s hand for the first time . You ' re probably smiling and speaking in a clear and pleasant voice After all, you want to make a good first impression, right? So why are so many outgoing voicemail greetings so dismal? The message we receive from the tone of voice might as well say, "I'm not at all enjoyable to work with and I' m actually much too busy to take on new work (or pas s it on), but leave a message if you must."

If you have doubts about your outgoing message, re-record it. If you want the naked truth, have your kids, a spouse or another loved one listen to it. If they cringe, record a new greeting

Background part y noise to accompan y your new greeting isn't necessary- consider having a double-shot latte, if that's the only way to get some levity into your voice -but do it yourself and with some energy. Try recording your new caffeinated message standing up and smiling That's right, smiling

STOP TALKING!

The all-time challenge for some lawyers is to simply stop talking and start listening Really listening . Not just pretend listening where you ' re only waiting for your turn to hold the conch. I mean active listening, where you ' re absorbing what's being shared with you .

Think of it this way: the person who talks too much on a first date often won ' t get a second date . And if they do, it's because there's no one else on the island .

Trouble is, many lawyers don ' t know they fall into this category The CBA's client care handbook " Seven Keys to Great Client Servic e" has a good "Listening Test " ; visit www cba orgi CBA / LCI/Main / handbooks asp. •

Susan Van Dyke , of Van Dyke Marketing & Communicat ions , is a law firm marketing consultant a nd can be r eached at 604-876-7769 or svandyke@telus net

Susan Van Dyke

Patricia Jordan is the CBABC Manager , Interactive Media She welcomes your comments , questions , and suggestions If you have a quest ion about site content, or wou ld like something added to the s ite , contact her at pjordan@bccba.org or ca ll 604-646-7861

Did you know?

An estimated 14 5 billion spam e-mail messages are sent da ily By the year 2007 , daily spam will increase to 57 6 bi ll ion messages (Source: Radicati Group)

Online Moderators

Your Section Message Board needs you

e need Moderators! In the Au- DOCUMENTS IN THE LIBRARY

gust web column we announced that Message Boards are available online for all CBABC Sections and in the Lawyer Lounge. CBABC seeks a member from each Section to act as a Message Board moderator . As a moderator you will add or change topics of discussion, oversee and organize content, and ensure the virtual meeting space is useful and welcoming to all members. To volunteer as a moderator for your Section, please contact Patricia Jordan at 604-646-7861 or e-mail webmaster@bccba org

NEW SERVICES ONLINE

• Child Care Information Project: the Child Care Committee has identified various child care resources that may be of assistance to lawyers with (or planning) families. Resources include information about and links to various kinds of child care, adoption information, parenting resources, and work / life balance The committee intends to incorporate a parenting bulletin board For more information visitthe Member Products & Services area and select Child Care Information Project. The committee welcomes your comments and suggestions . If you have a question or would like to contribute information or resources , e-mail child_care_group@bccba .org .

• CBABCMemberServicese-maillist. Look in the "Member Products & Services" area for more information

CBABC WEB FACTS

• • Since July 2003, public visitors to the Web site downloaded the brochure Lawyers & Cli ent s: Wh en you see a lawy er about separation & di v or ce more than 1,200 times.

Since last January public visitors to www bccba org have downloaded Dial-ALaw documents more than 24,000 times, a 200 pe r cent increase over 2002.

• -Media Relations Tips and Tricks

• Maps for B.C. Land Title Districts , Court Bailiff Areas and Court Locations

ASK THE WEB MASTER

How can I stop spam?

That is a difficult question to answer; spammers are becoming more inventive in how they distribute spam As most filtering / blocking software checks for valid domain names , spammers must conceal their identity to avoid those filters The easiest way for spammers to avoid filters is to use valid e-mail addresses contained in a spam list. These forgeries use the visible address and server of origin address Spamnix for Eudora, SpamAssassin Pro, McAfee SpamKiller 4 .0 and Qurb are popular filtering / blocking software For more information visit www.cnet .com, keyword search "spam."

Tips To Avoid Spam

Use spam filtering /blocking software ;

Simply delete spam e-mails . Do not click "unsubscribe " as that confirms your e-mail address to spammers;

Do not submit personal information to nonsecure Web sites;

Do not send e-mail addresses through chat rooms, instant message services or Internet bulletin boards and newsgroups;

Use a free e -mail address instead of your primar y e-mail address for online registration on e-commerce Web sites ; and

Delete chain e-mail : it is considered spam because it is unsolicited , intrusive and e -mail servers.

•

Patricia Jordan

Lion Taming For Beginners

n the mid 1990's, I was involved in one of three transactions in my career that came from the very depths of hell. Not just your run-of-the-mill hell, but that scary little room in the basement of Hades where the Devil himself shudders with fear every time he walks by the door In the first of these nightmares, one of my clients was selling her very profitable business to a purchaser sophisticated in the art of turning successful enterprises into unsuccessful ones Although my then-client was (and I imagine still is) a wonderful person, she didn't hit it off with the purchaser, and the purchaser didn't hit it off with her . I suppose if they were left in a conference room together for more than 15 minutes, they might have started hitting each other with table lamps and telephones if their respective lawyers hadn't moved the weapons to another room in anticipation of the carnage. So it's fair to say the transaction started poorly and got worse. In a deal worth millions, they argued up to the last minute over a $500 sofa, some light bulbs and as memory serves, stationery

In the belief that my client was getting royally jerked around (which she most certainly was), she wanted me to get really tough with the Purchaser's lawyer, who I was dealing with on an hourly basis I was more or less instructed to yell at him about the sofa and other business issues Shock and awe him with aggressiveness (before "shock and awe" was used to sell war and beer on television). Fight with him, a la Churchill, on the beaches and oceans about light bulbs and stationery. Never surrender.

I believe my colleague, a charming and intelligent man far more senior to me, had similar instructions We ignored them, and spoke of golf.

Because we weren't going to "get angry " with each other just to score Brownie points with our clients, we decided to let them fight out the silly stuff themselves like gladiators at the Roman coliseum; the winner getting the sofa and the loser getting the light bulbs and a moment or two with the lions A month after the deal

closed, my colleague took me out for a pleasant lunch and said, "This is the way it always used to be and this is the way I still do it after a big transaction"; a lesson in lawyer collegiality I have never forgotten.

There's one bar I have some knowledge of back east which is comprised of very fine lawyers and wonderful people . But the legal market there has caused some of them to compete for business so ferociously that those of us outside the fray can only watch the blood-sport in mild amusement, like audience members at the Coliseum admiring the lions before dinner.

One lawyer gets a speaking engagement at a conference. Others are not happy with the fact that they didn't get the speaking opportunity instead, and lobby the organization for spots on a panel. Because of all the politics, the organization throws its hands up in frustration, and sets up complicated rules on who gets to speak, inevitably requiring all lawyers to "sponsor" (i.e., "pay") for the privilege Still another lawyer spends innumerable weekends away from his kids editing a book published by the same organization Some of his competitors, who had every chance to contribute their weekends too (but didn't) are upset that the guy who did the lion's share of the work had his photograph on the back cover. The need to present or write something has become a battleground where a paper is a sword, and a speech is a spear; each aimed at the other lawyer . And it's all in the hope it will lead to the Gravy Train of Higher Profile Yet the whole value over profile is so questionable, it's reminiscent of my days a lifetime ago in university student politics, where it's said, the competition was so fierce because the stakes were so small.

Maybe I'm leading a sheltered life in a B.C. bar where we all get along very civilly, and send each other our conflicts and Christmas card s . Frankly, I'd just as soon we avoid gladiatorial exercises in planting firm flags in colleagues' chests and concentrate our attention on the hungry lions heading our way •

and

property lawyer

, and ha s written for th e Globe and Mail, the Vancouver Sun and Macleans magazine His e - ma il addre s s is twilson@cawkel l. com

Tony Wilson

Tony Wilson is a Franchise

Intellectual

at Cawkell Brodie

Sharon Matthews Receives President's Medal

At the June 2003 Provincial Council meeting Sharon Matthews was presented the President's Medal. This award recognized her outstanding work on both the 2003 President's Forum, and the 2002 universal membership campaign, and her service as a member of Provincial Council, the Audit Committee and the Resolutions and Bylaws Committee .

"What struck me about Sharon was her genuine drive and commitment to work behind the scenes in promoting CBABC activities," said

immediate Past-President David Paul. "She was not necessarily in the foreground but her accomplishments and efforts certainly were . Sharon is a true CBA champion . She contributed greatly to achieving my presidential mandates." • Sharon Matth ews

Stella Frame is New Equality Representative

The CBABC is pleased to introduce th e 2003/2004 CBABC Equality Representative, Stella Frame.

Stella Frame is a director of Boughton Peterson Yang Anderson Law Corporation. She graduated from UVic Law School in 1988 and was called to the bar in 1989. Stella practises in civil litigation with a focus on banking, commercial, construction (leaky condos) , and bankruptcy and insolvency litigation . She is the firm's leader in the Meritas Worldwide Organization Insolvency Group and leads the firm's insolvency practice group Stella updates course materials for the Professional Legal Training Course (PLTC) and the Practice Checklists Manual for the Law Society of B C. She also delivers the collections lecture for

PLTC and has delivered speeches on insolvency issues to financial institutions and related credit grantors' associations. Stella is a member of the CBABC's Judicial Advisory Committee and a past member of both the Women's Advisory, Stella Frame and the Court Order Enforcement Act Review committees. She is a member of the Provincial Council Executive Committee, Secretary of the Insolvency Section and Chair of the Equali,!l Committee •

UBC Student Wins Law School Essay Contest

Kathy Grant, a UBC law student, has won the Department of Justice / CBA National Law School Essay Contest.

Her winning essay examines the changes to s 37 and s . 38 of the Canada Evidence Act as amended by the Anti - Terrorism Act "Ms Grant's essay is a thought-provoking analysis of the federal government's Anti- Terrorism Act and its impact on the rights of the accused,"

says Professor John McEvoy , a member of the judging panel.

Ms Grant receives a trophy and $500 and an abstract of her essay will be published on the Department of Justice and CBA Web sites

The essay contest was founded in 2002 to celebrate the 20th anniversary of the Charter and is open to law school students across Canada .•

National CBA President'sAward

Greg DelBigio of Vancouver is the 2003 recipient of the CBA President's Award . " Through his pro bono work during the course of 2001 and 2002, Greg DelBigio has made a tremendous contribution to the CBA and is a worthy recipient of the President's Award," said CBA Pres i den t Simon Potter.

During t he past two years, Mr. DelBigio has volunteered countless hours to the CBA in present ing the Association's position on a number of important legal issues. In October 2001 , he was instrumental in deve l oping the CBA's submission to government on Bill C-36, the federal An t i-t errorism Act. He later joined then CBA President Eric Rice, QC before a special Sena t e Committee in presenting the CBA's recommendations to government, calling for a sunset clause to this legislation, as well as a more concise definition of the term "terrorism" and increased funding for law enforcement.

Later that same year, he was front and centre again as the CBA prepared and delivered submissions to government on the Proceeds of

Crime (Money Laundering) Act and Bill C-24, An Act to Amend the Criminal Code (organized crime and law enforcement). In May 2002, he helped develop and present the CBA' s submission on corporate criminal liability before the House of Commons Greg DelBigio Standing Committee on Justice and Human Rights.

An active CBA member, Mr DelBigio serves on the executive of the National C r iminal Justice Section and on the Legislation and Law Reform Committee and will chair the Legi s l ation and Law Reform Committee during the 2003/ 2004 term. He has also served as co-counsel on two CBA interventions, one before the Supreme Court of Canada and the other a successful challenge to the inclusion of lawyers in the federal money laundering legislation •

National CBA Pro Bono Award

John -Paul Boyd of Vancouver received the 2003 Young Lawyers ' Conference Pro Bono Service Award at the CBA Annual Meeting in Montreal in August. "The jury chose JohnPaul Boyd because it was most impressed with the scope of his pro bono work, both privately and within the clinic," says Ming Song, Chair of the Young Lawyers Conference.

One of Mr. Boyd's most impressive private pro bono contributions was to the case of a single mother, pregnant with a second child, and supporting her family on welfare. His client was in conflict with the Ministry for Children and Families with respect to her elder child, and was hospitalized for stress during their investigation. After calling a number of witnesses, Mr. Boyd was , remarkably successful in having the Ministry's application dismissed at the presentation hearing.

John -Paul Boyd accepts the Young Lawyers' Conference Pro Bono Service Award at the CBA AGM

Since joining the firm Aaron MacGregor Gordon & Daykin in 2002, Mr . Boyd has b e come an active member of the Salvation Arm y 's Pro Bono Program . Mr. Boyd also maintains his personal Web site, www.bcfamilylawresource .com, a comprehensive, plain-language site about family law and the court process. •

JI JUSTICE INSTITUTE OF B.C. Seminar: The Future of Professional Services

The justice Inst it ute of B.C. is pleased to invite yo u to attend "The Future o f Professiona l Serv ices : What Counts for the C li ent." T his sem in ar wi ll take place N ovember 19, 2003 in downtow n Vancouve r .

The Institute has assembled facilitators and a leaders hip panel from the fiel ds of law , eng ineering, a r chitect u re and acco u nta ncy. The program is ava ilab le on line at www. ji bc.bc ca Cost per participant is $875 Call 604-528-5590 to reg ister

For more informat io n on this sem inar please contact: Pam White, Director, Centre for Con fli ct Reso lution at 604 -528-5613 o r pwh ite@ ji bc bc. ca

What Can You Do With Your Law Degree?

All of us need to know that we have options - that we don 't have to feel trapped in an unsatisfactory career or in a stale mode of practising law If you want to learn more about your own options, about what your law degree really makes poss ible, book Friday , November 7th on your calendar

From 9:00 a m to 4:30 p m you'll engage in a practical exploration of where you want to be , and what steps you can take to get there You ' ll also ta lk to others who have already made changes

Registration is $90 95 per person. The deadline for registration is October 28

For more informat ion on this event see the related insert in this issue or call Derek LaCroix at 604-6852171 or 1-888-685-2171

Independence of the Bar New CBA President speaks out at national AGM

Bill Johnson of Regina took over the chain of office a s national President of the CBA on August 19 In his inaugural speech, Mr. Johnson told CBA members that the independence of the legal profession must be preserved . " As lawyers, we must be vigilant in the defence of our independence, not only for ourselves, but for the citizens of our nation ," he said .

"Independence of the bar is embedded in our Association's constitution. Without a healthy bar, however , all talk of independence and the rule of law is empty We must provide our members with the best tools available to help them be the best lawyers possible. If we ensure

CBABC Student Awards

The Canadian Bar Association , B.C. Branch annually awards two $2,000 Student Awards to the law student who best exemplifies CBABC ideals at both the University of British Columbia and the University of Victoria

The CBABC is pleased to announce that the 2003 Student Award recipients are Kathryn Hamm, a first year law student at UVic and

excellence, we ensure the independence of the profession ."

Mr. Johnson , a partner at Gerrand Rath Johnson, is a civil litigator specializing in commercial matters

For the news release on Bill Johnson and his pre s idency , visit www.cba org / CBA / News.

Agnes Huang , a second year law student at UBC.

Award criteria include student participation in activities supporting members of the profession; promotion of justice and law reform; equality; and demonstration of public and community service •

Kootenay Bar Association Summer Meeting

The Kootenay Bar meets twice a year, once in East Kootenay and once in West Kootenay. The summer meeting was held in East Kootenay at the spectacular Three Bars Ranch; 17 members attended with their spouses and children .

Derek LaCroix of the Lawyers As sistance Program arrived at the meeting to find Kootenay lawyers doing yoga and meditating in the hot tub, "as one would expect Kootenay lawyers to be doing at a social gathering," said Susan Kurtz, Kootenay Bar Treasurer . All in all it was a very enjoyable weekend

(L-R) Rick Strahl and John Berris , both of East Koot enay , and Derek LaCroix of the Lawyers Assistance Program enjoy the Kootenay Bar' s summer meeting at the Three Bar s Ran ch.

Bill Johnson , national CBA Presid ent for 2003 / 2004

October 20- 26 is Healthy Workplace Week

YWCA of Vancouver

Healthy workplaces begin with healthy individuals Healthy Workplace Week is October 20-26, 2003. This wellness wisdom is brought to you by the YWCA Health and Wellness Centre.

Wellness means much more than regular physical activity - it is about choosing a balanced lifestyle. Although physical activity is known to have a positive impact on the body, mind, and spirit, relationships, self-esteem, nutrition, and stress also contribute to overall well-being.

But in a fast-paced society, who has the time to eat well, exercise regularly and enjoy personal time? However, as these are key ingredients for overall well-being, fitting them into life is essential. Learning to accept those things beyond personal control and changing the things you can is a step in the right direction.

Just as Rome wasn't built in a day, lifestyles don't change overnight . Baby step lifestyle changes are more likely to become permanent changes. For example, begin by starting every day with a nutritious breakfast, and then develop a well-balanced meal plan that incorporates a variety of foods from all food groups. To step up activity levels, instead of visiting the usual coffee shop, choose one a few blocks away. Try taking the stairs, instead of the elevator. A sound diet and a little action in life boost energy levels and aid in managing life's stresses

Achieving a healthy balance between work and play and maintaining a state of wellness are ongoing processes with multiple benefits People with healthy balances will notice the benefits, as will people around them The best gift is the gift of health. In celebration of Healthy Workplace Week, consider giving a gift to yourself today •

Borden Ladner Gervais Raises Cash For Kids

Borden Ladner Gervais LLP earned top honours in the Legal Division of the 24th annual24 Hour Relay for the Kids, held in Burnaby June 14-15. This was the second consecutive year in a row that the firm won the Legal Division but this year the team increased their fundraising dollars by more than 30 per cent over last year, with a grand total of $24,300.

"Our goal in the 24 Hour Relay is to significantly benefit children with disabilities, and to promote social responsibility within our firm and our community," said Jennifer McNaught, team captain for Borden Ladner Gervais. "This year almost 200 lawyers, articling students, staff and clients participated in our campaign. It included a pledge competition, 50/50 draws, a casual day, a bake sale, a silent auction, even a Fear Factor eating contest " The team also earned a membership in the $100,000 Club, with an accumulated total of $105,248 raised during their years of participation. Alexander

Borden Ladner Gervais team members participate in the 24 Hour Relay in June .

Holburn Beaudin & Lang earned a membership into the $50,000 Club this year with an accumulated total of $59,144. Law firms and legal teams have raised an accumulated total of more than $374,000.

Money raised from the Relay provides the primary funding for the B.C. Easter Seal Campin_g program.

Th r ough the CBABC Workp lace Wellness Program at the YWCA Co-ed Hea lth & We ll ness Center (535 Hornby Street, Vancouver) CBABC members and their staff, partners, and spouses can become members fo r the preferred annual rate of $485 (add $60 joiner fee for new memberships and all memberships that have lapsed 60 days) The facility includes :

Ozone fi ltered pool, hot

tub and co-ed steam room

• Co-ed and "Women's On ly" we ight areas

Card io equipment

More than 80 weekly drop-in fitness classes

Yoga and Pi lates

Personal trainers, physiotherapy, nutritional counse li ng

For more information call Kathy Lilyho lm (604-8955765) at YWCA of Vancouver or call the CBABC.

CLE Update

CLE SOCIETY OF B.C. RECEIVES TWO INTERNATIONAL CLE AWARDS

The CLE Society of B C. is honoured to receive a first place " Award of Professional Excellence " and an "Award for Outstanding Achievement " from the Association for Continuing Legal Education for its 2002 product entries. The Award for Outstanding Achievement in the Best Publication category went to CLE's Conveyancing Deskbook CLE' s Aboriginal Practice Point s collection took the first prize Award of Professional Excellence in its Best Public Interest Project category.

UPCOMING COURSE: Human Rights 2003

Human Rights practice has changed significantly ! The Human Rights Commission has been eliminated and B C. has the first direct access model human rights system in Canada. The Human Rights 2003 course on Friday, November 7, 2003 will bring you up to date on w h at these practical and policy changes mean to you. Invest one day and gain a thorough un-

derstanding on how to present y our cas e b efore the new Human Rights Tr ibunal- six months into the new regime .

NEW BOOK: Commercial Arbitration

Coming in No v ember the Briti sh Columbia Comm erci al Arbitration: An Annotat ed Guid e This soft-cover book w ill give law y er s quick and easy access to information and ca s e law on commercial arbitrations. The book will contain succinct summaries of important case law under the current British Columbia Comm ercial Arbitration Act and International Commercial Arbitration Act, and summaries of important ca ses from courts of other jurisdictions. Chri s tine Mingie , the author, sets out the history of the Acts and links sections of the A cts t o r e lated international commercial arbitration law

The guide will include the current regulations under the Acts and a chart setting out B.C. legislation which permits or requires arbitration of disputes under the Commercial A rbitration Acts.

•

Vancouver Lawyers Part of Prestigious Choir

Vancouver's Elektra Women ' s Choir is regarded as a leader in classical women ' s choirs worldwide . Among its members are Jennifer McGraw , of Barrigar Intellectual Property Law, and Melinda Munro, of the Public Guardian & Trustee's Office Jennifer serves on Elektra's Board of Directors with Marina Morgan, of Shapiro, Hankinson & Knutson, who serves as Elektra's Treasurer

The highlight of the choir's 2002-2003 season was its appearance at Carnegie Hall in New York as part of the National Convention of the American Choral Directors Association

Elektra ' s next concert Song s of Sanctuary will feature guest conductor and composer Javier Busto leading the choir in his own works and t hose of other Spanish composers . Two performances are planned: November 29, 8:00p m

at West Vancouver United Church and November 30, 7:30 p m at Shaughness y Heights United Church. CallTicketmaster for tickets (604-280-3311) In t he spring, the choir will perform with the Vancouver Symphony Orchestra (VSO) Lawyers Jennifer M cGraw (centre) and Melinda Munro (top left) sing with El ektra Wom en 's Choir and Chor Leoni, in a reprise of the VSO ' s popular Gilbert and Sullivan concert.

Please visit www elektr a.bc.ca for more information about Elektra Women's Choir . •

The Continuing Legal Education Society of Britis h Col umbia

Law Students SeekArticling Positions

If you are considering hiring a student for an articling position, there are still a number of highly qualified third-year law students at both UBC and UVic who are seeking articling positions for the 2004/05 term. Moreover, the UBC and UVic Career Services offices would be pleased to assist you with your search; the offices will circulate your job posting and help you identify qualified candidates.

Articling is an important- not to mention, mandatory - stage in the legal training process. Articling principals, through their assistance and guidance, provide students with the requisite knowledge and skills to become competent legal professionals. Hiring an articling student is an excellent opportunity for members of the bar to provide training and mentorship. If you cannot hire a student for the full articling term please consider the possibility of

Shared Articles as defined by the Law Society of B.C. Rules.

For questions, or to post a position contact:

UBC

Danielle Raymond, Director of Career Services

Judy Pozsgay, Associate Director of Career Services

Tel: 604-822-0846 or 604-822-6350

Fax: 604-822-8108

E-mail: raymond@law ubc.ca or pozsgay@law .ubc .ca

UVIC

Nancy Pye, Career Development Officer

Tel: 250-472-4719

Fax : 250-721-8146

E-mail: nancypye@uvic ca

LSS Law Line To Include Brief Legal Services

The Legal Services Society (LSS) launched a pilot project in September, for providing brief legal services to people with l ow incomes in B.C.

The project is a legal hotline, available through the society's Law Line until March 2004.

Brief legal services include legal advice, written opinions, phone calls or letters on a caller's behalf to third parties, help with correspondence and documents, and similar services that can be delivered during or shortly after a telephone conversation. These will be available to people with low incomes who cannot access alternative legal services Financia l eligibility is determined by an income test LSS has established for advice services .

The project is modelled on the U.S. legal hotlines In B C., the service will be provided by lawyers and paralegals, who will also assist in developing support materials for the program In addition, Law Line lawyers will provide consultation services to community advocates .

Distinguished Speakers Breakfast

The UBC Law Alumni Association is p leased to announce that Dorothy Byrne wi ll speak on "The Maki ng of a Successful O lympic Bid " at the next Distinguished Speakers Breakfast. The event will be held Thursday, October 23 , 2003 at 7:30 a.m at the Law Courts Inn Restaurant, 5'h floor, 800 Sm ithe Street, Vancouver

Ms. Byrne is General Counsel and Corporate Secretary of the Vancouver 20 I0 bid corporation and now a re-

source to the transition

Brief legal services do not replace representa- team working to form t he tion by counsel, nor can they meet the needs of organizing committee for all people with low incomes . However, they the 2010 Olympic Games. can improve the likelihood that callers without legal representation will take appropriate ac - Reserve a seat by send ing tion and obtain access to justice you r c heque fo r $35 (paya-

Until August 2002, Law Line was operated by the society's former Legal Resource Centr e in Vancouver and provided information andreferral services to Lower Mainland callers . Law Line became a province-wide, toll-free service in September 2002 .

Staff receive about 2,000 calls per month. About 35 per cent of callers need family law services, 15 per cent need criminal law information, and the rest need help with problems related to other legal issues such as immigration, welfare and other benefits, housing, and debt.

The Law Line numbers are : 604-408-2172 and 1-866-577-2525 (toll free in B.C.). For further information contact John Simpson (604-601-6092} or Allan Parker (604-601-6016) at LSS •

ble to UBC Law Alumn i Association) c/o Fasken Martinea u DuMou lin, 2 100-1075 West Georg ia Street, Vancouver , B.C. V6E 2G2, Attention: Shannon Borsoff Tel: 604-631-3277

No refunds or cance ll ations after October 20, 2003

Dial-A-Law Brochures

Available

Dial-A-Law is a library of

131 scripts that provide information on specific topics of law as they apply in B C. The scripts can be accessed by telephone (604-687-4680 or tol l-free outside the Lower Mainland 1-800-565-5297) or online at www bccba.org/ Guest Lounge/dial-alaw asp

Dial-A-Law brochures are a good resource for clients.

To place an order , complete the brochure order form included in this BarTalk or contact Lorna O'Grady at 604-646-7858 or 1-888687-3404, ext 309

Law Foundation of B.C. THE@ IAW FOUNDATION

Small Project Grants Approved

Chair Don Silversides, QC is pleased to announce that the following 28 Small Project Grants totalling $258,580 were approved at the June 14, 2003 Board of Governors' meeting:

B.C. COURTHOUSE LIBRARY SOCIETY

User and Potential-user Survey Project$15,000

VOICE OF THE CEREBRAL PALSIED OF GREATER VANCOUVER

Creating Trusts for People with Disabilities$15,000

STO:LO NATION

Sto :lo Nation Family Justice Project- $15,000

JEWISH FAMILY SERVICE AGENCY OF VANCOUVER

Legal Education and Information in Russian - $15,000

PIVOT LEGAL SOCIETY

Sex-trade Law Reform Project- $15,000

PLANNED PARENTHOOD ASSOCIATION OF B.C.

B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION

Freedom of Information and Privacy Training for Non-profits- $10,000

LAW COURTS EDUCATION SOCIETY

Informational Handouts for Self-Represented Litigants- $10,000

SECWEPEMC CULTURAL EDUCATION SOCIETY

Restorative Justice Education- $10,000

B.C. ASSOCIATION OF SPECIALIZED VICTIM ASSISTANCE AND COUNSELLING PROGRAMS

Review of the Lobbyists Registration Act - $9,000

CHETWYND WOMEN'S RESOURCE CENTRE

Women and the Law- $8,490

LESBIAN AND GAY IMMIGRATION TASK FORCE (LEGIT VANCOUVER)

Facilitators Workshop / LEGIT Public Education Web site- $7,500

TRI-CITY WOMEN'S RESOURCE SOCIETY

Sexual and Reproductive Health Rights - Legal Information and Advocacy- $6,212

$14,950

B.C. IRANIAN SENIORS' SOCIETY

VANCOUVER COMMUNITY NETWORK

Domestic Workers Computer Literacy- $6,000

Understanding the Canadian Legal System$13 ,302 SURREY WOMEN'S CENTRE SOCIETY

WOMEN'S RESOURCE SOCIETY OF THE FRASER VALLEY

Punjabi Radio Project- $13,090

CENTRAL OKANAGAN ELIZABETH

FRY SOCIETY

Family Justice Project- $12,535

WEST COAST PRISON JUSTICE SOCIETY

Prisoner Advocacy Training- $12,350

GREATER VANCOUVER LAW STUDENTS' LEGAL ADVICE SOCIETY

File Tracking System Upgrade- $11,000

Family Law Workshops- $5,780

JOHN HOWARD SOCIETY OF THE LOWER MAINLAND

Planning for Parole Booklet- $5,700

PROGRESSIVE INTERCULTURAL COMMUNITY SERVICES SOCIETY

South Asian Seniors ' Legal Education- $5,000

LOWER SIMILKAMEEN COMMUNITY SERVICES SOCIETY

Keremeos Family Law Seminars - $4,971

COWl CHAN VALLEY INTERCULTURAL AND IMMIGRANT AID SOCIETY

Critical Legal Information for Multicultural Populations on Vancouver Island- $4,500

MULTICULTURAL HELPING HOUSE SOCIETY

Empowering Filipino Seniors through Legal Education - $4,000

KAMLOOPS BAR ASSOCIATION

History of the Law in Kamloops and Region -$3,200

B.C

. SETTLEMENT AND INTEGRATION WORKERS ASSOCIATION

Workshops on Immigration and Refugee Protection Act - $3,000

WACHIAY FRIENDSHIP CENTER

Aboriginal Poverty Law Project- $3,000

Profile of a Project

Multiple Sclerosis Society of Canada

tlVOLUNTEER LEGAL ADVOCACY PROGRAM

The Law Foundation provided project grants totalling $43,300 in years 2001 and 2002 to support the Vo lunteer Lega l Advocacy Program (VLAP) for the B.C. Division of the Multiple Sclerosis Society

Multiple Sclerosis (MS) is an unpredictable, often-disabling disease of the central nervous system - the brain and the spinal cord. More than 5,000 British Columbians live with MS. While MS is the most common neurological

disease affecting young adults in Canada, it affects each person differently. MS is a difficult disease for people and their families to live with, because its unpredictable physical and emotional effects will be with them for the rest of their lives. Most people are diagnosed with MS between the ages of 20 to 40. Often they have not yet established themselves financially. Most people with MS end up living in poverty.

People affected with MS encounter a range of legal issues such as wrongful dismissal, human rights complaints due to lack of duty to accommodate, and denial of benefits such as disability benefits, Canada Pension Plan, long-term disability coverage, and the disability tax credit.

By the end of the project, the MS Society Volunteer Legal Advocacy Program had 20 lawyers in Vancouver (primarily from Davis & Company), five in Kamloops, and had set up protocols with the Salvation Army in Nanaimo, the Law Centre in Victoria and with Beacon Law Centre in Sidney to assist clients. The program also recruited and trained seven lay advocates in the Lower Mainland and one in the Kamloops area. The lay advocates supported 127 people and the VLAP lawyers assisted 29 clients. The VLAP also produced five resource booklets: Community and Legal Resources; CPP Disability Benefits; Advocacy; Long- Term Disability; and Human Rights. More than 5,000 booklets have been distributed.

For more information on the program, or to volunteer for VLAP, please contact Adrianne Boothroyd at 604-602-3204 (or e-mail adrianne.boothroyd@mssociety.ca). •

BCCLS Commissions Research

The B.C. Courthouse Library Society (BCCLS) has commissioned a market research firm, Synovate, to undertake a needs assessment of lawyers and other members of the legal community of B.C.

The aim of the study is to improve the service and product offerings of the courthouse libraries to lawyers, other members of the legal com-

IIIII

C:m TRTHOT TSF. T"ffiRA RY Soc:TF.TY munity and to the public, and ensure that the BCCLS Strategic Plan of 2002-2005 is on target.

The study take place between September and November and involves in-person interviews, focus groups, and telephone surveys of randomly chosen members of the legal community. All information provided to Synovate will be kept strictly confidential. •

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch I Oth Floor 845 Cambie Street Vancouver, B.C. V6B STJ TEL: 604-687-3404

TOLL FREE in B.C., outside the Lower Mainland: 1-888-687-3404

FAX: 604-669-960 I

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

• SorTolk Senior Editor:

CAROLINE NEVIN 604-687-3404, EXT. 320 c nevi n@b c c ba. o rg

• SorTolk Editor: SANDRA WEBB 604-646-7856 slgwebb@bccba.org

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

• Editorial Board Members:

VIKKI BELL, QC

jOHANNE BLENKIN

DIANA DAVIDSON

DAVID DUNDEE

CHRISTINE MINGlE

MARGUERITE (MEG) SHAW

VERONICA SINGER

As so ciati o n-20 0 3.

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

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

BRITISH COLUMBIA

WANT SOME HELP? UVic student seeks articling for May 2004 Great marks , skills, experience, & attitude. E-mailarticling@shaw.ca .

ARTICLING POSITION SOUGHT

Enthusiastic, dedicated student seeks Vancouver articlingposition for2004/2005. Strong research , writing & communication skills. Experience in interacting with clients , assisting in managing files, reviewing & drafting documents. Ca11604602-9725, or 604-561-8859 (ce ll ) .

HEWITT ASSOCIATES in Vancouver is searching for a lawyer to assist cl ien ts and consultants with the legislat ive aspects of pensions , benefits and other human resources areas. View the posting and apply directly online at www.hewitt.com

SOLICITOR REQUIRED

Dynamic t hree lawyer Surrey f irm requires 2+ years expe rienced So l icitor immediate ly - conveyancing, corporate, estates, w ills, etc. Brand new office space, with systems in place.

Compensation package will match experience of this skilled, motivated & congenial lawyer who knows when opportuni ty knocks!

Fax resume in confidence to 604-543-8584

Junior Litigation Associate

We require a j unior l itigation associate with 3-5 years experience to do insurance defence work on a part-time bas i s. Preferred candidates will have related experience

Send your resume to: Jo h n Burgoyne, Macaulay McColl 600-840 Howe Street Vancouver, B.C. V6Z 2L2. Fax: 604-687-8716

E-mail: jburgoyne@macau lay.com

Look ing for discounts and deals? See Member Services inserts.

Classified Ads

LITIGATORWANTED- A Vancouver marine lawfmn is lookingfora2-5 year call litigator. We would prefer a person with strong academic qualifications and some experience in civil litigation. Enthusiasm and ability are essential. Marine experience is desirable but not required . Contact Douglas Schmitt at: McEwen, Schmitt &Co., POBox 11174 , 1615-1055W.GeorgiaSt. Vancouver, B.C V6E 3R5. Fax: 604-683-2359 dgs @marinelawcanada.com

LAWYERREQUIRED - Established Lang ley law firm requires a litigation lawyer. We are a general practice fmn that has strong emphasis on corporate/co mmercial and matrimonial practice. The position emphasizes litigation, but the applicant must be able to assist in solicitor's practice . Ideal candidate should have 2+ years experience All applicants will be treated with confidentiality. Please reply by resume to : Bryenton Rosberg & Company, Attn : Wendy Flint, Fax 604-530-8081 Email: bryros @telus.net

OFFICE SPACE available in family law office at Langley/ Surrey border. Ideal for PI , crirn, tax lawyer.Possible referra ls. 604-534-6361.

COST SHARE with other lawyers at Taylor Wray Business Lawyers in downtown Vancouver. All systems in place. Solicitors preferred , but barristers welcome to apply. Referral of work may be available for those with less than full practice. Either pay fixed/variable costs as incurred or pay percent ofbillings. Call Walter Taylor at 604-662 - 8373 or e-mail wtaylor@taylorwray.com

COST SHARE- 200 Granville Stwith 2lawyers, low rate , avail. Dec Call Nina 604-602-4157.

Place free ads online! www. bccba.org has 2 areas to advertise. See "HR." & the "Lawyer Lounge."

Solut ions

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Central Alberta law practice for sale. $390,000 fees per annum , experienced staff. Great opportunity Call R Wyrozub 403-783 - 5521.

CERTIFIED WORK/LIFE COACH helps professionals set their business & work I ives on the right tangent. Is coaching for you? Try a free session Call JeffBalin, MBA , CPCC, 604 -6776743 (www.jeffbalin.com) References available

WCB

Do you need help with WCB problems? Are you Plaintiffs counsel facing an ICBC Section 10 defence?

• Extensive experience with WCB appeals

• Vice Chair at Review Board for 6 years

• Personal injury litigation for 25 years

• Available for WCB appeals , expert opinions , court applications and trials.

Vahan A. Ishkanian

Barrister & Solicitor Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito ca 1100-1200 W 73rd Ave Vancouver V6P 6G5

Advertising

CLASSIFIED AD RATES

CBABC members

per line

Organizations . ....... $30 per line

Organizations $40 per line Next deadline : November 7

DISPLAY AD RATES 3 x 1 column

come see us at the Pa c ifi c Lega l Techno logy Conference on November 7th, 2003 (Vancouver Convent i on Centre) 604-264-9109 www.speakeasysolutions.com

INSERT RATES (all ofBC)

Organizations $2,000 Next deadline: November 14

Next mailing date: December 5

Please directBarTalkadvertising inquiries to Sandra Webb , BarTalk Editor Tel : 604-646-7856

Toll free: 1-888-687-3404, ext. 318 E-mail: cba @bccba.org