British Columbia is the only province in Canada with a special tax that targets only legal services and no other learned profession. It was brought in under the guise of "offsetting the cost of leg a l aid" by then Finance Minister Glen Clark, in 1992. It has never been used as a direct funding source for that purpose . It goes into General Revenues and is spent on the priorities of the government of the day. How much does the tax raise? More than $100 million last year alone. The government's allocation to civil and criminal legal aid? $55 million
The Social Services Tax Act includes provisions for taxing a hodgepodge of products and services including sales (the PST), leases, vehicles, telecommunications, parking, and environmental levies on tires and batteries. The only professional service contained in this list is legal services.
Some other provinces tax professional services; no other province taxes only legal services. It is a discriminatory and unfair tax on the people and businesses of B .C. And for those with few financial resources, it is yet another barrier to accessing justice. People don't choose to use legal services because they want to- they do so because they need legal help- to conduct business, prevent or resolve disputes, or defend against charges made by others or the state
The tax also imposes an additional, unnecessary and uncompetitive cost of doing business in British
Columbia This is particularly true for high volume legal consumers such as the biotechnology and film industries As for corporations? When a business is looking to locate to Canada , or a deal involving multiple parties could be negotiated and signed anywhere , the tax makes B.C. uncompetitive with other provinces. The deal-makers know there is an extra 7.5 per cent added to every legal bill in B.C.
The Canadian Bar Association, B.C. Branch has created a Soc ial Services Tax Task Force, with representation from across the province and from diverse practice areas, to tackle this issue head-on . The Task Force is leading the CBA's advocacy campaign to have legal services removed from the list of products and services subject to the SST.
The CBA's campaign includes meetings with MLAs and Ministers, submissions to the Finance and Government Services Committee, and, most importantly, building a network of alliances with strong business groups whose members and constituents are harmed by this tax.
The Branch has allocated significant financial and volunteer resources to this campaign, as a clear priority of members. With a healthy surplus on the way, the provincial government is in "listening mode"- and we intend to be heard
For more information , or to add your voice to the campaign, contact Vice-President Meg Shaw, SST Task Force Chair, at megshaw@telus.net BT
GUEST CONTRIBUTORS
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This publication is intended for information purposes only and the information herein should not be applied to specific fact circ u mstances without the advice of counsel.
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COLLABORATIVE LAWRESPONSES TO THE LETTER BY DAVID HART (VOL. 16, NO. 4)
I have been practising family law for the past 34 years (10 of which were in Ontario and the
Send your LETTERS TO THE EDITOR to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B C Branch
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last 24 in B.C.), and in addition, I am the founder and past Chair and current Treasurer of the Collaborative Family Law Group in Victoria.
The Collaborative Groups throughout the province are interdisciplinary and our Victoria Group comprises more than 50 law yers, health professionals and financial advisors who have had specialized training in dealing with this new dynamic . Our mission statement is as follows: "We encourage and promote a new process to create positive solutions for people in conflict and families in transition."
In David Hart's letter, he is attempting to compare apples and oranges - a traditional, position-based approach where the lawyer is in control, which should be contrasted to the collaborative process which is based on transparency, is interest based and the traditional solicitorclient privilege may be waived to serve the process. The clients and their helping professionals work together as a team to create not individual solutions but solutions that work for the entire family. The clients retain control of the process and it is they who determine what is fair rather than what the lawyers feel is fair.
The Collaborative Law Participation Agreement creates a safe and supportive environment for each client's objectives and concerns to be identified, recognized and respected It has been said that a lawyer in this process is acting 60 per cent on behalf of the client and 40 per cent on behalf of the process so that the type of strategizing and manoeuvring that often occur in traditional negotiating is minimized, if not eliminated.
In terms of cost, our research and resource person in Victoria has canvassed the 38lawyers in our Group and overall, the average has been approximately $4,000.00 for each client which is still significantly less than the Court option.
I am presently working on my 58th case where a Collaborative Law Participation Agreement has been signed and of those, I would estimate that no more than 10 per cent were not capable of being resolved by the CLF process, and in fact, in one instance the parties reconciled.
-Robert J. Klassen
The Canadian Bar Association British Columbia
David Hart implies that collaborative process does not include "the advice of competent and experienced family law lawyer s. " This is not the case; an important part of collaborative practice is the advocacy of experienced and competent family lawyers.
Hart appears to argue against collaborative law (and mediation) based on his clients that have been unable to resolve all issues in one of these proc esses. Collaborative law uses the parties' resources for one purpose, settlement. Rather than assume no one should try collaborative law because some couples do not resolve all issues in this model, I would prefer to see a professional dialogue about how we can better sc reen clients. Screening allows us to assess client needs at the very beginning of our relationship with our client, and offer a process option (mediation, collaborative law, or litigation) that best serves their particular needs Clients that can benefit from a nonadversarial model can be offered a settlement-
focussed process from the beginning. Hart suggests that collaborative law is the new "flavour of the month " This may be On the other hand, this may also be a cliche that demeans the voluntary work of hundreds of practitioners across North America working to develop and promote this option . These professionals believe the public wants more process options when going through divorce, and that the 95 per cent who settle deserve an option that is 100 per cent devoted to settlement. I believe that our profession can benefit from a spirited discussion which recognizes that we serve a diverse public, and that as lawyers we bring a diversity of skills and personal values to our work. If we work together professionally, we can develop a choice of process options that are uniquely suited to the many different kinds of families who find themselves working through the complexities of divorce.
-Nancy Cameron
Remembering David Gibbons, QC
David Gibbons, QC, one of Canada's pre -eminent criminal defense lawyers, passed away on August 27, 2004. He had been waiting more than a year for a double-lung transplant. Unfortunately for his family, his friends, his colleagues at the bar, and just about every person fa cing the long arm of the law, time simply ran out.
David died too young. He was 64 years old, but in many ways he was in his prime. As one Vancouver reporter put it, "when you get in a jam, that's the guy you want in your corner." He couldn't have been more right. Big Dave, as he was affectionately known, understood people. He could relate to people from all walks of life on their own level. And he brought all of that into the courtroom with him .
But David's skills in the courtroom, formidable as they were, paled in comparison with his skills in life. When David shook your hand and said it was nice to see you, he meant it He treated everyone from the flustered articled student to the esteemed barrister to the accomplished judge the same way. He had a unique way of making everyone feel important As a bencher of the Law Society he spent countless hours helping troubled lawyers find their way But David was truly at his best when he was with his wife Janice, his son Dave Jr., and his daughter Lise. No matter how busy he was, he always put them first.
Tales of Big Dave's hilarious adventures, both in and outside the courtroom, could fill volumes. So could accounts of the many high profile cases he won, and the countless people whose lives he touched Those of us who were lucky enough to know him appreciate what a caring, genuine person he was. He was the classic barrister, equal parts gentleman and pit bull With his passing, we have lost something very special.
Matthew Nathanson is a criminal defence lawyer at Gibbons Fowler Nathanson who was articled to David W Gibbons, QC and worked under his tutelage ever since.
4 BARTALK October 2004
David W. Gibbons, QC
Volunteers Build A Vibrant Branch
The B.C. Branch of the Canadian Bar Association has, throughout its lengthy history, seen the involvement of literally thousands of lawyers who have vo l unteered their time and effort on behalf of the profession in this province.
The Branch was created by vo l unteers, and has been continuously governed, operated, and advanced through the valuab le efforts of these volunteers. Thousands of volunteers will follow in future.
Michae l C. Woodward President 2004/2005
B.C. Bra n ch
in building the brand "Canadian Lawyer"; a brand which is, internationally, clearly ascendant
These good works w ill , of course, continue . The end of universality will not displace the fact t h at the B.C Branch is and will remain the second largest Branch within the national organization. The ongoing relevancy and vibrancy of the Branch is evident in the fact that elections to our Provincial Council this year were contested in all but one of our Canadian Bar Association These volunteers serve on your Executive, on your Provincial Council, on your Committees, on your Section Executives, and in a host of other ro les. To say that I feel humbled to work with and speak on behalf of not only our extensive membership here in British Columbia, but also on behalf of those past and future volunteers, wou l d be a significant understatement.
The recent accomplishments of both the Branch and the national organization are significant. Throughout the course of last year, counties.
simply by way of example, the Branch enjoyed significant success in lobbying the B.C. Government on issues affecting the ability of our members to make a living and to enhance access to justice by the clients on whose behalf we act. The nationa l
With this change, of course, will come many opportunities. For example, is it timely for the Branch to reassess its position relative to other organizations? Of course it is, and that will bring with it creative new ways to serve our members.
I look forward to working on your behalf during this coming year, and to meeting as many of you around the prov i nce as possible, and to hearing your ideas. When, towards the end of this year, you are
"T he ongoing relevancy and vibrancy of the Branch is evident in the fact that elections to our Provincial Council
this year were contested in all but one of
organization 's PracticeLink was recently awarded an outstandingachievement award by the Association for Continuing Legal Education. The important work done abroad by Canadian lawyers in he l ping bar associations organize themselves and achieve independence in Zimbabwe and in Cambodia, are but part of the important and successful work occurring our counties."
making the decision as to whether to continue your membership in the CBA, I ask only one thing of you - please take into account the tireless efforts of the volunteers who have, and will in future, work on your behalf, in advancing your professional and commercial interests. BT
October 2004 BARTALK 5
The CBABC sponsors 73 Sections which play a vital role in keeping members informed both o n changes in the law, and legal and pol itical issues affecting a given area of practice Th ey are the main resource utiliz ed by the CBABC in legislative review, la w reform initiatives, and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections
BANK I NG LAW
Charles McKee from Lawson Lundell and Marian De Souza from First Canadian Title discussed title insurance. Mr. McKee began by stating that the term "ti tl e insurance" is a misnomer. He felt that it should be called "transaction insurance" because most claims ar ise from non-title matters. He noted that the most common question among lawyers is "Do we need title insurance in a
claimed in force on May 14, 2004 In addition, the office of the Assisted Living Registrar was opened m Vancouver. Susan Adams is the Registrar.
FAMILY LAW-VANCOUVER
The utility of trusts in family asset planning was the topic of a recent family law meeting. Ross Tunnicliffe from Clark, Wilson reviewed significant legal developments and drafting strategies for Torrens system?" He responded by noting that the Torrens system is m decline because of recent court cases applying equitable remedies in r eal estate transactions. Such remedies lead to the conclusion that one cannot rely on the property register so that historical searches may become necessary. This has happened in the U.S.
Ms. De Souza said title insurance covers more than title defects. It covers survey defects, outstanding work orders, and building permits. Depending on the value of the transaction it also removes many of the obligations on solic itors to perform due diligence Twenty per cent of all title insurance claims involve fraud and forgery. Claims invo l ving the invalidity of the mortgage , lack of capacity, usury , and survey defects are also common. It costs $200 for insur ance covering title and mortgage on a residential property valued up to $750,000.
ELDER LAW
Hugh McLellan commented on the federal Private Member's Bill the "Older Adult Justice Act." This legis lati on proposed changes to the Criminal Code as well as the creation of a department and a separate ombudsperson to deal with abuse of seniors. The Bill died when the election was called. However , the Community Care and Assisted Living Act was pro-
domestic trusts to minimize the unwelcome effects of the Family Relations Act . Parents often wish to establish a trust to benefit their adult child and to maximize the chances of avoiding the harmfu l effects of the chi ld 's marriage breakdown In such a situation they should consider drafting the trust in such a way that beneficial entitlement is discreti onary and there is no contemplated vested entitlement for the child. The chi ld's spouse should not be mentioned in the trust and a power to add and remove beneficiaries should be included. Economic access by the child should be limited to income only · and the duty to exercise an even hand between th e person with the life interest and the ultimate beneficiary should be excluded. It is also advisable not to allow the child to contribute to the trust. A corporate holding company could be used to provide two levels of contingency. The child should either not be a trustee or be one of three trustees so that he or she does not have a casting vote. There should be no power of appointment in favour of the child. For flexibility in administration, a power to distribute to other trusts and a power to amend the trust should be included. It is also a good idea to include a confidentiality clause in the trust and to utilize a letter of wishes.
In the same meeting Kay Gray, CGA and senior
Shelley Bentley practises wills & estates law in Vancouver.
manager with Grant Thornton LLP, discussed tips and traps in the taxation of trusts and trust beneficiaries. Specifically she outlined the income-splitting opportunities in the use of trusts, the tax treatment of trust property, and the attribution rules.
FREEDOM OF INFORMATION AND PRIVACY LAW AND COMPUTER LAW SECTION (JOINT MEETING)
Peter Cullen, Chief Privacy Strategist with Microsoft gave a presentation entitled "Privacy, Customer Trust, and Dilemmas-A New Reality."
Mr. Cullen commented that information is the new currency. Organizations wishing to leverage information need to develop customer trust Developing trust is a significant issue for organizations and is much more of a focus for consumers than privacy or security. In Mr. Cu ll en's view, to date the U.S. Patriot Act and its effect on information provided by Canadian subsidiaries has not been a significant issue. Of greater concern is how to manage customers' expectations of privacy when there is a demand for such things as ISP logs. Microsoft has 400 people involved with privacy. Their focus is not so much on the structure of the system's safeguarding privacy but on determining the strategy to protect privacy. Microsoft is very focused on the U.S. and this focus does not work well with the regulatory requirements in other parts of the world where Microsoft is doing business. To add to the difficulty of managing the issues in this area is the fact that in the U .S. 5,800 pieces of privacy legis lation were introduced last year, 1,800 of which have been passed. Canad ian provincial and federal legislation is very well co-ordinated, by comparison
ELDER LAW AND HEALTH LAW (SEPARATE MEETINGS)
Former UBC professor Stephan Salzberg prepared a report on health care decisions and end-of-life issues arising out of the Health Care (Consent) and Care Facillty (Admission) Act. This report, which also covers the Representation Agreement Act, the Patients Property Act, the Mental Health Act, the Power of Attorney Act, the Publlc Guardian and Trustee Act and the Adult Guardianship Act, was prepared for the B.C. Law Institute (BCLI) at the request of the Public Guardian and Trustee of B.C. and can be found at www.bcli.org as Report 21
under the BCLI's "pub lic ations after 199 7 ." Professor Salzberg's mandate was to identify the issues and make recommendations. He expla ined that in 1993 there were many complex inter-related statutes on the books with only parts proclaimed which left areas uncovered. What was needed was a rationalized scheme, a province-wide strategy for end-of-life care in B.C. and a change to the dispute resolution scheme . In his report he covers determination of capability issues, scope of authority of t e mporary substitute decision-makers, the cr it e ria for substitute decision-making with r espect to health care, "do not resuscitate" orders, levels of care instruction, and dispute resolution and the Health Care Review Board .
Professor Salzberg n oted that in his opinion the Ministry of Health must consult with legal experts about the specific impact after concrete changes to the legis lation in this area are announced.
In this regard, Public Guardian and Truste e Jay Chalke described at a recent Elder Law Section meeting some of the changes to the Patient's Property Act being proposed by the government Legislation introducing these changes was supposed to have been introduced in May, 200 4 but has yet to be tabled. BT
Sections
2004/2005
Have you enrolled in Sections?
Join one or several of our 73 Sections and attend informative meet ings and receive worthwhile minutes and materials
Last year , 362 meetings were held. Keep up to date on current developments of the law and recent practice trends.
Members enrolled in Sections also have access to previous minutes, materials and annual reports on the CBABC Web site
Download the enrolment form at www.bccba.org or call the Branch office to have a form sent to you It's not too late to enrol!
October 2004 BARTALK 7
Foundation Skills for the New Culture
Challenges for associates and partners alike . ..
"Catch a wave and you 'll be sittin 1 on top of the world .. "
Words and music by Brian Wilson, recorded by the Beach Boys
Anew associate comes into your office and poses a question on a file on which both you and she are working. In answering her question, you realize that you are drawing upon skill sets that have served you well over a few decades of practising law Reflecting on how society has changed since you first entered into practice, you
Dav
id J. Bilinsky is the
Practice Management Advisor at the Law Society of B.C E-mail: db i linsky@lsbc.org
start to cons ider what skills must be acquired by this new associate to carry her over her legal career. In th is, the start of the second decade of this column, I thought it fitting to look at the challenges up -andcom ing lawyers will face and what tips are available to assist them in their careers
Morrie Shechtman, the author of Fifth Wave Leadership - The Internal Frontier has stated that information (principally the Internet) in the hands of con sumers has placed the professions under siege. Consumers no longer believe a lawyer (or any other professional) is sma r ter or better informed than they are. As a result, there is little value in simply having information . Shechtman believes the only real competitive edge left today is the unique relationships that lawyers can forge with their clients. Why? Because legal consumers nowadays desire to be treated with personal parity by their legal professional. T h is dictates that lawyers form personal relationships as never before. Furthermore, as he has found, the r e is no p r ice resistance where a professional held on personal parity with their client has advanced the client !s interests and their life .
This places a heavy burden on senior partners,
who must move from managing files (or tasks) to becoming leaders in human capital development. It is relatively easy to manage tasksconversely one of the hardest things is to be a people developer. But as a leader, a senior partner ' s top job is to help associates acquire their own foundation skills so that these junior lawyers can forge the real personal relationships with their clients, foundation skills that are required if the associate is to move upward and continue the success of the firm. No longer can
firms afford to adopt the "sink or swim" approach to assoc iate development.
This dictates that senior partners learn how to effect change in their associates. The generational differences alone reflected in the range of lawyers starting from those who were called in the SO's and 60's to lawyers who were called in this century is simply unprecedented in history. This difference is perhaps most apparent when it comes to technologyyoung lawyers inherently understand and use technology effectively while older ones view it as a costly perk. What is hard to reconcile is that both these points of view are correct - when viewed from the perspective of the speaker. If you don't "think" technology, you are not likely to see a Treo 600 smartphone as anything but an expensive toy. Conversely, if you are accustomed to l iv ing and breathing the Internet, being offered a bare - bones cell phone without web access can leave you feeling like your needs and ways of working are not be ing understood.
So what is the bridge that partners can use to reach out and teach their associates the required management training and client-handling skills that they will require to "fit in" and excel in meeting their clients ' needs? I recently read an article from a major
legal consulting firm that mentioned a number of different incentives and rewards being offered to associates- such as meal replacements, laundry service, and car maintenance services. However effective these rewards may be, in Shechtman 's view, the most effective change agent in relationships is the simple expression of disappointment when results fall short combined with the giving of positive feedback when results are good. No one wants to be disappointing. Everyone wants feedback on their progress. The power of simple communication, exercised often and truthfully, can move mountains. It is all about managing relationships- whether between senior lawyer and associate or between lawyer and client.
Shechtman mentioned the power that lies in the communication method known as active listening. This technique allows a person to truly engage with the person with whom they are speaking It is both a habit that can be acquired as well as the foundation to effective communication . Active listening at its most basic level uses three "I" statements in succession. These are: "I've experienced/noticed "; "The way it makes me feel is ... "; and "The impact that it has on me is "
Needless to say, there is much more to being a skilled active listener, but since all our relationships, particularly those with clients, come with higher expectations than ever before, it behooves senior partners as well as young associates to become skilled in active listening techniques. Shechtman believes that we are moving to a high-risk culture where relationships must be forged early and lawyers must l earn to inject trust early into a relationship. According l y, acquiring active listening techniques will stand any professional in good stead.
The other foundation skill Shechtman believes is necessary for a professional to have is the ability to make decisions. As an example, he challenges organizations to determine their values (not their goals) and to cut loose those people who do not share those values. In Shechtman's view, people will follow you to the ends of the earth if you articulate with clarity your values and are prepared to stand by your boundaries and not allow those values to be compromised. In the profession, clients are looking for leadership. The most effective leaders are transparent. People do not follow people who are opaque, as opaque people form low-trust relationships. To
become an effective leader you must learn to be transparent, as that leads to reciprocity and that in turn leads to high-trust relationships.
Accordingly, the two foundation skills for the new culture are decision making and relationship building. Senior Partners (Human Capital Developers) need to learn how to develop and reward people for acquiring these two key skills. Partners need to become skilled in active listening techniques so in turn, they can pass these skills along to the i r associates In all cases, learning how to be a transparent leader can be a major step towards learning how to build high - trust relationships. The wave of the future is fast upon each of us - the challenge is to acquire those skills required to catch that wave so you'll be sitting on the top of the world. BT
The views expressed herein are strictly the author 's and may not be shared by the Law Society of B.C.
Marketing Notes for Newbies: 10 Steps To Creating A Practice
1. Develop a reputation as a keener [join committees and arr ive at meetings on time and prepared)
2. Get a [willing) mentor
3 Get to know the partners
4 Get staff and the administration pull i ng for you
5 Join an organization and get involved
6. Take an interest in the industries your clients work in [read, speak, write)
7 Get published on the web, in industry paper s and in newsletters
8. Use a nd collect business cards
9 Create, update, and use a database
10. Keep a running list of transactions and closings you've worked on and deci si ons you've made
For more information, see Susan Van Dyke's marketing column on page 26.
The ··Just Under The Wire Prize"
When I left law school in December, 198 4 (UVic had - and st ill has
- a summer law centre program that allowed about 16 of us to graduate at Christma s, rather than in April), I received a "telex" from my friend, Don Todesco Don, like the remainder of my class , stuck around for one long final t erm wh ile I started my articles, happ ily on the payroll of my new firm. The telex read: "Congratulations: The last shall be first" or words to that effec t
at Bough t on He's written tor the Globe and Mail, the Vancouver Sun , and Maclean s magazine. E-mail: twilson @boughton.ca
Don was reminding me that although I was one of the fir s t to leave UVic 's law school that year, I was the last one actually admitted to it in 1982, having been something like number five on the wai t ing list all that summer. I was called by the law school's administrator, Gary Charlton, during the evening of the first day of school, when, a fter welcoming everyone else in the first year class, he determined that there was one last spot available . Had Gary not called me that night , it's possible I would have chosen to do something else with my life, married someone other than a woman I met in law schoo l, had different children than the ones I have , and made a multitude of different choices But this fork in the road appeared; I took it, and here I am, 20 some-odd years later, the wand having chosen the wizard (if you'll forgive the "Potter-speak").
Be ing the last one admitted was the source of endless b r agging righ t s for me at the time. I had been working as a bureauc r at by day and a Keg waiter by night, quitting both jobs the morning I started cl a ss (being, of course, the second day for everyone else)
My situation was the product of excellent undergraduate grades and a lousy LSAT. The fact that I 10 BARTALK October
received my fair share of B's and A's in law school , have enjoyed a reasonably successful legal career these past 20 years , have written scads of articles in my field (and one upcoming book), and am r egularly invited to teach other lawyers, lends some credence to my theory that the LSAT is a waste of good trees, measuring more than anything else, one' s ability to take standardized tests: tea leaves and entrails for the modern e r a
As there always has to be a first one admitted to each of
Canada's 16 law schools every ye ar, there always has to be a last one as well. And I'm surmising that we "last-ins" probably did just fine in law school, and just fine in whatever else we chose to do after it (including of all things , law), d e spite the fact that there were hundreds of people whose d ance cards filled up with multiple law school offers well before we were even invited to the party So I'm suggesting all of us "last - ins" across Canada (352 since 1982) create small bursaries to our r e spective alma maters for the last student admitted in each year. Call it the "Just Under The Wire Prize" and award cash to the person whose LSAT may have be e n sadly lacking , or who chose an undergrad program with ridiculously tough grading, or who had kids to look after, or who had to hold a part-time job while striving for o utstanding m a rks, all patiently waiting on a law school's waiting list until called on the d a y classes started (or in my case, the day after).
Bec a us e as we all know, in the long B.C. Ferry Line-Up of Life, it's not the driver of the first car on the 5 p.m . sa iling that really has the best trip. It's the driver of the last ca r, happily squeezed on at the very last se cond , leaving the rest of the line-up beh i nd. BT
Tony Wi l son is a Franchise and Intellectual Property lawyer
Practice Resources Online
Visit www.bccba.org
The CBABC is working to bring our members better access to services, tools, and resources to help you m your practice. "Practice Resources" is our newest web resource at www bccba.org. In Practice Resources you'll find practice advisory panel listings and forms such as the contract of purchase and sale and standard undertakings. The Branch Web site offers a growing collection of "Information Kits" to assist our members. Here's a brief look at a few of the kits available online:
LAWYERS FOR LITERACY PROJECT
Manager, Interactive Media. She welcomes your comments, questions and suggestions
E-mail : pjordan@bccba org Direct: 604-646-7861
This Branch initiative helps lawyers improve their client communications, particularly when their clients' literacy skills may not be adequate to deal with written legal material. Lawyers who want to learn more about adapting their practice procedures can get a free copy of the Lawyers for Literacy Awareness Kit by calling the B C. Branch at 604687-3404 or toll free 1-888-687-3404.
CLIENT CARE KIT
The Client Care Kit offers practice advice and information for lawyers seeking to improve their relationships with clients, as well as a self test and a sample client survey.
MED IA RELATIONS KIT
This kit is a practical guide to dealing with the media, including five rules to remember and how to answer tough questions.
CHILD CARE INFORMATION KIT
Developed by the CBABC Child Care Working Group, this kit provides information and services supporting members with child care responsibilities; on lin e topics include child care, work-life balance, and nanny services.
DID YOU KNOW
FrontBridge Technologies Inc, an e-mail security firm based in California, recently reported that its spam blocking service blocked 2.6 billion spam messages out of the 3.1 billion messages processed in August 2004. Want math? That
means 82 per cent of all inbound messages they received were spam! Many of us are frustrated and/or overwhelmed by spam; spammers have become increasingly inventive in how they distribute spam For more information on keeping a lid on spam, visit www.cnet.com, keyword search "spam " Popular filtering/blocking software include Spamnix for Eudora, SpamAssassin Pro, McAfee SpamKiller, and Qurb. BT
Lawyers Care Initiative
Patricia Jordan is the CBABC
Every effort i s made to ensure the accuracy of the information provided to you in this article but the information should not be rel ied upon L awyers should re f er to the specif i c leg i slative or regulatory provis i on You will see a reference in some cases to the number of the bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of t h e Act and which is the prope r c itation for the Act The bill number has been given to make i t easier for you to note up the bills you m ay h ave in your lib r ary.
Note : Legislative Update will only be ava ilable to members as of January 1, 2005 , online at www.bccba.org. Don't miss outrenew your CBA membership!
ACTS IN FORCE
ADMINISTRATIVE TRIBUNALS ACT, S.B.C. 2004, C. 45 (BILL 561
Summary
Bill 56 repeals and replaces the 2003 Administrative Tribunals Appointment and Administration Act Sections 1 to 62 form the substantive provisions of Bill 56. Sections 63 to 188 make consequential amendments to specified statutes. Sections 79 to 82 make consequential amendments to the Community Care and Assisted Living Act. Se ction 99 and 100 amend the Financial Institutions Act. Sections 131 to 141 amend the Passenger Transportation Act Sections 156 to 160 amend the Safety Standards Act
Section 117 makes a conseq uential amendment to the Mental Health Act regarding board and review panels . Section 178 makes a consequential amendment to the Workers Compensation Act regarding compensation and expenses of members. 12 BARTALK October
Stuart Rennie is the CBABC Legislation & Law Reform Officer. He can be reached at 604-949-1490 or by e-mail [srennie@bccba.org)
In Force
Sections 1 to 62, 79 to 82, 99, 100, 131 to 141 and 156 to 160 are in force June 30, 2004. The part of section 117 that enacts section 24.3 of the Mental Health Act and the part of section 178 that enacts section 236 (1) to (4) of the Workers Compensation Act are in force July 8, 2004
AGRICULTURAL LAND
COMMISSION AMENDMENT ACT, 2004, S.B.C. 2004 C. 32 (BILL 271
Summary
Bill 27 amends the Agricultural Land Commission Act to permit First Nations, involved in treaty negotiations or who have signed treaties, to apply directly to the
Agricultural Land Commission to change land uses of treaty settlement lands within the agricultural land reserve without first obtaining consent of local governments.
In Force
Act in force July 23, 2004
BUSINESS PRACTICES
AND CONSUMER
PROTECTION
ACT, S.B.C. 2004, C. 2 (BILL 21
Summary
Bill 2 repeals and replaces 6 statutes, including the Consumer Protection Act, and Cost of Consumer Credit Disclosure Act
In Force
Bill 2, except Part 5 (Disclosure of the Cost of Consumer Credit ), the definitions of "telemarketer '' and "tow truck driver " in section 142 and sections 143 (d) and (e), 196, 207, 216 and 218 to 229, in force July 4, 2004. Part 5 and sections 196, 207, 216 and 218 to 229 ofBill2 are in force January 1, 2005
See Acts in Force for Cremation, Interment and Funeral Services Act and Regulations for Bonding Act, Business Practices and Consumer Protection Act and Ombudsman Act
ti o ns 94 (1 ) (b) a nd (d ) and 101 (3) applies to a person and corrects a CREMATION, INTERMENT (j) of the W a t e r Act , ar e in force drafting error. Section 2 a dds to AND FUNERAL SERVICES Nov e mber 1, 2004 the Minister 's regulation making ACT, S.B.C. 2004, C. 35 (BILL
See Regulations to Note powers for monitoring and 3) reporting . Section 3(a) adds the
Summary definitions of "approved profes-
Companion legislation to the ENVIRONMENTAL MANAGE- sional. " Section 15 permits a Business Practices And Consumer MENT ACT, S.B.C. 2003, C. director to make interim regu laProtection Act (Bill 2) and the 53 (B ILL 57) tions regarding the definit ion of Business Practices And Consumer Summary "contaminated site." Section 16(a) changes a reference to " prescrib- Protection Authority Act (Bi ll 4), Bill 57 repeals and repl a ces the Bill 3 repeals the Cemetery and Waste Management Act and ing " procedures or information Funeral Services Act and its Environment Management Act to now "specifying" procedures S u pp lement and replaces it with Sections 143(b), 144, 158, 159 and or information regarding protothe provisions of Bill 3 178 (b) of B ill 57 are consequencols of directors. Section 16(b) adds an authority to make protoIn Force tial amendments and com e into cols regarding security . Section Act in force July 4, 2004 force by regulation 16(d) adds the word "sediment" See Regulations to Note In Force after the word " soil" regarding Act , except sections 143(b), 144, soil and w a ter numerical stan158, 159 and 178 (b), is in force dards. Section 16(e) adds an DRINKING WATER PROTEC - July 8, 2004 authority to make protocols TION ACT, S.B.C. 2001, C. 9 See A cts In Force for respecting the activities of (BILL 20) Environmental Management approved professionals Section Summary Amendment Act and Water; Land 16(£) corrects a drafting error Bi ll 20 regulates drinking water And Air Protection Statutes regarding the application of the systems in B C. Sections 55 to 102 Amendment Act, 2004 and See Interpretation Act and the make consequential amendments Regulations To Note for Regulations Act to protocols of to spec ified statutes. Sections 55 Environmental Assessment Act and directors to 60 , 62 to 64 make consequen - Environmental Management Act In Force tial amendments to the Fish
Sections 1, 2, 3 (a) insofar as it Protection Act. Section 84 amends adds the definition "approved the Hydro and Power Authority ENVIRONMENT MANAGEprofessional " to section 39 of the Act. Section 86 amends the Oil MENT AMENDMENT ACT, Environment Management Act, and Gas Commission Act. Sections 2004, S.B.C. 2004, C. 18 sections 15 , 16 (a), (b), (d), (e) and 87, 88(a), (b) and (d), 89 to 92, 94 (BILL 13) (f) are in force July 8, 2004 to 98, and section 99, except the Summary
See Acts In Force for Wate r; Land portion that brings into force sec- Sections 1, 2, 3 (a) insofar as it and Air Protection Statutes tions 94 (1) (b) and (d) and 101 (3) adds the d e finition "approved A mendment Act, 2004 See (j) of the Water Act , amend the professional" to section 39 of th e To Note for Water Act Environment Management A ct, Environmental Management Act In Force sections 15, 16 (a ), (b), (d), (e) and and Environmental Assessment Act Sections 55 to 60, 62 to 64 , 84 , 86 , (f), all amend the Environmental 87, 88 (a) , (b) and (d) , 89 to 92 , 94 Management Act. Section 1 perto 98, and section 99, except the mits the Minister to t e mporarily portion that brings into force sec- change a code of practice as it
FOOD SAFETY ACT, S.B.C. 2002, C. 28 !BILL 371
Summary
Bill 37 consolidates the functions of food safety, licencing, inspections and standards into a single statute Bill 3 7 repeals the Meat Inspection Act
In Force
The Act, except se ctions 24 to 28, 30 and 31, in force September 1, 2004
See Regulations to Note
FORESTS STATUTES
AMENDMENT ACT, 2004, S.B.C. 2004, C. 36 !BILL 331
Summary
Sections 21 , 22 and 23 amend the Forest Act. Section 21 adds a new provision to permit the Minister to invite applications for probationary community forest agreements for: First Nations; municipalities or regional districts; qualified societies; associations; corporations or partnerships. The part of section 23 of Bill 33 that enacts section 43.51 permits direct award of probationary community forest agreements. Section 22 repeals provisions relating to community forest pilot agreem ents as a consequence of the amendments to section 43.51.
In Force
Sections 21 and the part of 23 that enacts section 43.51 of the Forest Act are in force July 23, 2004. Section 22 of Bill33 is in force S eptember 17, 2004
See Regulations to Note
NANAIMO
AND SOUTH WEST WATER SUPPLY ACT, S.B.C. 2004, C. 25 !BILL 311
Summary
The Greater Nanaimo Water District Act, S.B.C 1953 (2nd Session), c. 41 is repealed by regu lation.
The part of section 9 that enacts section 49 of the Insurance Co rporation Act provides that the B.C. Utilities Commission must ensure that the optional automobile insurance business of the Insurance Corporation of British Columbia (ICBC), is kept separate from, and not subsidized by, other ICBC's businesses, including its universal compulsory automobile insurance business.
In Force
The part of section 9 that enacts section 49 of the Insurance Corporation Act is in force June 30,2004
Sections 19 and 21 amend the Family Maintenance Enforcement Act. Section 19 adds to the defin ition of "maintenance" any annual default fee imposed under the Act. Section 21 corrects a draftmg error
In Force
Sections 19 and 21 are in force July 23 , 2004
MISCELLANEOUS STATU
TES AMENDMENT AC T, 2004, S.B.C. 2004, C. 23 !BILL 181
Summary
Section 5 repeals the Community Financial Services Act . The purpose of the Community Financial Services Act was to encourage and facilitate the use of savings institutions by, and to provide a full range of financial and related services to, members of the community
Bill 54 amends 19 statutes . Sections 20 to 24 amend the Land Title Act to increase fees for filing documents under the Act. These increases include, increasing fees for registering an indefeasible title , registering charges, searching and canceling charges (increases range from around $2 to $5 per transaction).
In Force
Sections 20 to 24 are in force June 28, 2004
PARKS AND PROTECTED AREAS STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 52 (BILL 501
Summary
Sections 3 and 4 amend the Protected Areas of British Columbia Act. Section 3 repeals and replaces the legal description of Porteau Cove Park, situated in the New Westminster District in B.C Section 4 repeals and replaces the legal description of Maquinna Marine Park, situated i n the Clayoquot District in B.C In Force
Section 3 and 4 are in force July 8,2004
PRIVATE MANAGED FOREST LAND ACT (BILL 881, S.B.C. 2003, C. 80 (BILL 881
Summary
Bill 88 repeals and replaces the Forest Land Reserve Act. Sections 17 to 21 regulate private managed forest land, including requiring: an application to classify private land to private managed forest land, fees and annual declarations Sections 22 to 39 comprise Part 4 of the Act , which sets out compliance and enforcement, including administrative remedies and offences Sections 40 to 42 form Part 5 General Provisions, including service of documents, penalties and regulation-making power. Section 45 is a transitional provi-
sion regarding classification of existing managed forest land. Sections 47 to 49 make consequential amendments to the Assessment Act. Section 50 makes a consequential amendment to the Community Charter. Section 51 makes a consequential amendment to the Environmental Assessment Act. Section 52 repeals a provision of the Forest and Range Practices Amendment Act, 2003. Section 53 repeals the Forest Land Reserve Act Section 54 makes a consequential amendment to the Forest Practices Code of British Columbia Act Section 55 makes a consequential amendment to the Freedom of Information and Protection of P rivacy Act. Sections 57 and 58 make a consequential amendment to the Local Government Act. Section 59 repeals provisions of the Miscellaneous Statutes Amendment Act, 2000. Sections 60 and 61 make a consequential amendment to the Private Managed Forest Land Act. Section 62 makes a consequential amendment to the Vancouver Charter.
In Force
Sections 17 to 42, 45,47 to 55 and 57 to 62 are in force August 3, 2004
Sections 10 (b), (c) and (d) and 19 amend Income Tax Act. Section 10 (b), (c) and (d) provide references to Canada and the Bankruptcy and Insolvency Act (Canada) . Section 19 provides for a reference from the Income Tax Act (Canada) to the corresponding provision in the British Columbia Income Tax Act Section 72 is a transitional provision. Section 72 provides that a tax debt is deemed never to have been extinguished for the purpose of the Limitation Act in respect of recovering a tax debt under the British Columbia Income Tax Act.
In Force
Sections 10 (b), (c) and (d), 19 and 72 are in force June 18, 2004
WATER,
LAND AND AIR PROTECTION STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 30 (BILL 161
Summary
Sections 2 to 9 amend the Environmental Management Act. Section 2 expands the definition of 11 conservation officer 11 to permit an authorized auxiliary or special conservation officer to perform the duties of a regular conservation officer and to clarify the relationship between auxiliary or special conservation officers and regular officers Sections 3 and 4 make minor housekeeping amendments. Section 5 amends the powers and duties of conservation officers Section 6 prescribes, by regulation, powers and duties of conservation officers and permits a justice issuing
October 2004 BARTALK 15
a warrant to specify other search 2004, B.C Reg. 315/2004) ASSISTED LIVING ACT, powers the justice considers BUSINESS PRACTICES AND amends the Assisted Living appropriate. Section 7 clarifies CONSUMER PROTECTION Regulation (B.C. Reg. 218/2004) that different procedures apply ACT, creates the Consumer rega rding application and regisin relation to items seized after Contracts Regulation (effective tration fees (effective July 23, an offence is reasonably suspect- July 4, 2004, B.C. Reg. 272/2004) 2004, B C Reg 342/2004) ed and in relation to items taken and the Disclosure of the Cost of COMMUNITY CHARTER in the course of an inspection Consumer Credit Regulation TRANSITIONAL PROV ISIONS, Section 8 clarifies that prior (effective January 1, 2005, B.C. CONSEQUENTIAL approval of the Solicitor General Reg. 273/2004). Repeals the AMENDMENTS AND OTHER is needed for making regulations Contract for Future Services AMENDMENTS ACT, 2003, providing conservation officers Regulation (B.C. Reg. 386/87), amends the Community Charter with broader enforcement pow- Credit Reporting Regulations, I nterim Regulations (B C. Reg ers. Section 9 adds a 3 year limi(B.C. Reg. 564/74), Debt 429/2003) (effective J uly 8, 2004, tation for laying information for Collection Regulation, (B C Reg. B.C. Reg. 316/2004) an offence under the Act. 200/73), Direct Sellers CONSUMER PROTECTION In Force Regulation, (B.C. Reg 419/93), ACT, amends the Consumer Sections 2 to 9 are in force July 8, Non-Applicability Regulation Protection Act Regulation (B C 2004 (B.C. Reg 247/77), Trade Reg. 62/87) (effective July 4, 2004, Practice Regulation No. 1, (B.C. B C. Reg. 274/2004) Reg . 134/75), Travel Agents Act
REGULATIONS TO NOTE Regulation (B.C. Reg. 525/77), CREMATION, INTERMENT Travel Assurance Fund AND FUNERAL SERVICES
ASSESSMENT ACT, r e peals Regulation (B.C. Reg. 77/86), ACT , repeals the Cemetery and Travel Club Regulation, (B.C. Funeral Services Plans and replaces the Fee for Copy of Reg. 147/97) (effective July 4, Regulation (B C. Reg 37/90), Information in the Current 2004, B.C Reg. 274/2004). The Cemetery and Funeral Services Assessment Notice Regulation Consumer Protection Act General Regulation (B.C. Reg. (B.C. Reg. 61181) (effective June Regulation is repealed (effective 38/90) and Funeral Services 18, 2004, B.C. Reg. 270/2004) January 1, 2005, B.C. Reg. 62/87). Licensing and Business Practices ASSESSMENT AUTHORITY Further, the following are creat- Regulation, (B.C. Reg. 235/95) ACT, amends the Assessment ed: Business Practices and (effective July 4, 2004, B.C. Reg. Authority Act Regulations (B.C. Consumer Protection Regulation 274/2004). Further the Reg 497/77) (effective June 18, (effective July 4, 2004, B.C. Reg. Cremation, Interment and 2004, B.C. Reg. 270/2004) 294/2004), Travel Industry Funeral Services Regulation is BONDING ACT, amends the Regulation (effective July 4, 2004, created (effective J u ly 4, 2004, Bonding Regulations (B.C. Reg. B.C. Reg 296/2004), Debt B.C . Reg. 298/2004) 11168) and creates the Debt Collection Industry Regulation DRINKING Collection Industry Regulation (effective July 4, 2004, B.C. Reg. PROTECTION ACT, amends the (all effective July 4, 2004, by B.C. 295/2004), Fee Setting Criteria Drinking Water Protection Reg. 295 / 2004) (effective July 4, 2004, B.C. Reg. Regulation (B.C. Reg. 200/2003) 292/2004) and the Administrative (effective November 1, 2005, B.C. BUSINESS CORPORATIONS Pena lties (effective Reg. 300/2004) ACT, amends the Business July 4, 2004, B.C. Reg. 297/2004) Corporations Regulation (B.C . EMPLOYMENT AND Reg. 65/2004) (effective July 8, COMMUNITY CARE AND ASSISTANCE ACT, amends the
Employment and Assistance the Environmental Data Quality Burner Regulation (B.C Reg. Regulation (B.C. Reg. 263/2002) Assurance Regulation (B.C. Reg. 142/ 2001), Open Burning Smoke (effective July 1, 2004, B C. Reg. 301190) (effective July 8, 2004, Control Regulation (B.C. Reg. 275/2004) including adding to the B.C. Reg. 323/2004) and amends 145/93), Organic Matter class of assets exempt from the the Contaminated Sites Recycling Regulation (B C. Reg. determination of family income Regulation (B.C. Reg. 375 / 96) 18/2002), Ozone Depleting assistan ce, any sums paid or (effective July 8, 2004, B.C. Reg. Substance and Other payable to a person pursuant to 324/2004) Further, the following Halocarbons Regulation (B.C. the settlement agreement filed in regulations are created: Reg. 387/99), Petroleum Storage the B.C. Supreme Court in Conservation Officer Service and Distribution Facilities Storm Action No . 980463 (Vancouver Authority Regulation (effective Water Regulation (B .C. Reg. Registry) (the settlement agree- July 8, 2004, B.C. Reg. 318/2004) 168/94), Placer Mining Waste ment was made as a result of and the Waste Discharge Control Regulation (B.C. Reg . claims of abuse at Jericho School Regulation (effective July 8, 2004, 107/89), Post-Consumer Residual for the Deaf in Vancouver) B.C. Reg. 320/2004) Effective Stewardship Program (effective July 1, 2004, B.C. Reg. July 8, 2004 by B.C. Reg. Regulation (B.C. Reg 111197), 276/2004 ) 32112004, the following regula - Public Notification Regulation
EMPLOYMENT AND tions are amended: Agricultural (B.C. Reg. 202/94), Pulp Mill and ASSISTANCE FOR PERSONS Waste Control Regulation (B.C. Pulp and Paper Mill L iquid WITH DISABILITIES ACT, Reg 131192), Antisapstain Effluent Control Regulation amends the Employment and Chemical Waste Control (B C Reg. 470/90), Rebate of Assistance For Persons With Regulation (B C. Reg. 300/90), Waste Management Fees Disabilities Regulation (B.C Asphalt Plant Regulation (B.C. Regulation (B .C. Reg. 267/2000), Reg. 265/2002) including adding Reg. 217/ 97), Beverage Container Spill Cost Recovery Regulation to the class of assets exempt from Stewardship Program (B.C. Reg. 250/98), Spill the determination of family Regulation (B .C. Reg. 406/97), Reporting Regulation (B.C. Reg . in come as sistance, any sums paid Cleaner Gasoline Regulation 263/90), Storage of Recyclable or payable to a person pursuant (B.C. Reg . 498/95), Environ- Material Regulation (B C. Reg. to the settlement agreement filed mental Appeal Board Procedure 133/ 92), Sulphur Content of Fuel in the B.C. Supreme Court in Regulation (B.C Reg 1182), Regulation (B C. Reg. 67/89), Action No. 980463 (Vancouver Environmental Impact Waste Management Act Registry) (the settlement agreeAssessment Regulation (B C. Municipal Sewage Regulation ment was made as a result of Reg. 330/81), Finfish Aquae - (B.C Reg. 129/ 99), Waste claims of abuse at Jericho School ulture Waste Control Regulation Management Permit Fees for the Deaf in Vancouver) (B.C. Reg. 256/2002), Gasoline Regulation (B.C. Reg. 299/92) (effective July 1, 2004, B C. Reg. Vapour Control Regulation (B C. and Wood Residue Burner and 276/2004) Reg. 226/95), Land-based Fin Incinerator Regulation (B.C. Fish Waste Control Regulation Reg. 519/95). The Special Waste
ENVIRONMENTAL B.C. Reg. 68/94), Motor Vehicle Regulation (B.C. Reg. 63/88) is
ASSESSMENT ACT, amends Emissions Control Warranty amended (effective July 8, 2004, the Reviewable Projects Regulation (B.C. Reg. 116/96), B.C Reg 319/2004), the Regulation (B.C. Reg. 270/200) Mushroom Composting Contaminated Sites Regulation (effective July 8, 2004, B C. Reg. Pollution Prevention Regulation (B C. Reg. 375 / 96) is amended 319/2004) (B.C. Reg. 413/98), Oil and Gas (effective July 8, 2004, B.C Reg. ENVIRONMENTAL Waste Regulation (B.C. Reg. 322/2004) and the Conditional MANAGEMENT ACT , amends 208/96), Ootsa Lake Beehive Exemption Regulation (B.C
Reg 201/94) is repealed (effective amends the Timber Harvesting FOREST ACT, amends the July 8, 2004, B.C. Reg . 321/2004) Contract a nd Subcontract Adv e rtising, Deposits and EVIDENCE ACT, creates the Regulation (B C. Reg. Disposition Regulation (B C. Designation Regulation No.4 22/96)(effectiv e June 21,2004, Reg. 552/78) (effective June 18, (M296) to designate members of B.C. Reg. 278/2004) 2004, B.C. Reg. 277/2004) and the Employment Standards FOREST AND RANGE amends the Timber Harvesting Branch, under the Employment PRACT ICES ACT, amends the: Contract and Subcontract Standards Act, as commissioners Administrative Review and Regulation (B.C. Reg. for taking affidavits for British Appeal Procedure Regulation 22/96)(effective June 21,2004, Columbia (effective August 17, (B.C. Reg 12/2004)(effective July B.C. Reg. 278/2004) 2004, B.C. Reg . 391/2004) and 23, 2004 , B.C. Reg. 353/2004), GAMING CONTROL ACT, creates the Designation the Forest Recreation Regulation amends the Gaming Control Regulation No . 5 (M297) to des- (B.C. Reg 16/2004)(effective July Regulation (B.C. Reg. 208/2002) ignate Conservation Officer 23, 2004, B C. Reg. 354/2004), (effective June 18,2004, B.C. Service members, under the Forest Service Road Use Reg. 280/2004) Environmental Management Act, Regulation (B .C . Reg. HEALTH ACT, repeals the as commissioners for taking affi - 70/2004)(effective July 23,2004, Sewage Disposal Regulation davits for B.C. (effective August B.C. Reg. 354/2004) and the (B.C. Reg. 411/085) and is 17,2004, B.C Reg. 392/2004) Woodlot Licence Planning a nd replaced by the Sewerage System FISH PROTECTION ACT, Pract ices Regulation (B C. Reg Regulation (both effective May repea ls the Streamside Protection 21/2004)(effective July 23, 2004, 31, 2005, B.C. Reg 326/2004) Regulation (B.C. Reg. 10/2001) B.C. Reg 355/2004)
HOMEOWNER PROTECTION and creates the Riparian Areas FOREST PRACTICES CODE ACT, amends the Bui lding Regulation (effective March 31, OF BRITISH COLUMBIA ACT, Envelope Renovation Regulation 2005 , B.C. Reg. 837/ 2004) amends the Forest Fire (B.C. Reg. 240/2000) and the FOOD SAFETY ACT, repeals the Prevention and Suppression Homeowner Protection Act Meat Inspection Regulation (B.C Regulation (B.C . Reg. 169/95) Regulation (B.C. Reg. 29/99) Reg. 54/66) (effective September (effective July 8, 2004, B.C. Reg. (effective July 4, 2004, B.C. Reg. 1, 2004, B.C. Reg 349/2004), ere- 325/2004) 274/2004 and effective July 28, ates a new Meat Inspection FORESTS STATUTES 2004 , B.C. Reg. 360/2004) Regulation (effective September AMENDMENT ACT, 2004 , ere-
INSURANCE CORPORATION 1, 2004, B C. Reg. 349/2004) , ates the Transfer Regu lation ACT, repeals the Special repeals regulations respecting (effective July 23 , 2004, B.C. Reg. Direction IC1 to the British specified meat inspection areas 351/2004), creates the Columbia Utilities Commission (effective September 1, 2004, B.C. Community Tenures Regulation (B .C. Reg . 321/2003) and replaces Reg. 350/2004) and amends the and amends the Advertising, it with the Special Direction IC2, Slaughter House Regulation Deposits, Disposition and which provides, among other (B.C. Reg. 350/83), under the Extensions Regulation (B.C. Reg things, directions relating to the Health Act (effective September 277/2004) (effective July 23,2004, operation of ICBC's optional 1, 2004, B.C. Reg. 800/2004) B.C. Reg. 352 / 2004) automobile insurance business FOREST ACT, repeals the FINANCIAL INSTITUTIONS (effective June 30, 2004, B.C. Advertising , Deposits and ACT, amends the Insurance Reg. 307/2004). Further, the Disposition Regulation (B.C. Licensing Regu lation (B C. Reg Special Direction IC2 to the Reg. 552/78) (effective June 18 , 329/90) (effective July 4, 2004, British Columbia Utilities 2004 , B.C. Reg. 277/2004) and B.C. Reg . 274/2004) Commission (B.C. Reg. 307/2004)
is ame n ded regarding t h e cap i tal
WATER SUPPLY ACT , crea t es
Land Regu lation (effec ti ve
r eq u i r ed to be ava il ab le to t h e th e Nanaimo and So u th Wes t A u gust 3, 2004, B C R eg
o p e r a t ion o f th e In sur a n ce Wa t e r S u pp ly Service Reg ul a ti o n 37112004), r epea ls th e Pri va t e
Co rp o r a ti o n of B r iti sh
(effect ive Aug u st 1, 20 04 , B C. Land Fo r es t P r a ctices R eg u la ti o n
Co l umb ia's op ti o n a l a ut o m o bi le R eg. 365/2004)
in suranc e bu sin ess (effect i ve Jul y OFFENCE ACT , amends t h e
(B.C . Reg. 3 18/99 ) (effec ti ve
A u gus t 3, 200 4, B .C. R eg
7, 200 4, B.C. R eg. 313 / 2004) V io la t io n Tic k et Adm ini str a ti o n 37112004), crea t es th e Pri va te
INTERNATIONAL FINANCIAL a nd F in es Reg ul ation (B.C R eg. Ma n age d Fo r es t L a nd Co un cil
ACTIVITY ACT , creates th e 89/ 97) to add offe n ces un de r th e Matters R egul at io n (effec ti ve
Int e rnati o n a l Fin a n c ia l Ac ti vit y G aming Contro l Act r el a t e d to t h e A u g u st 3, 2004, B.C R eg R egul a t ion (effec ti ve Se pt e mb e r o p e r at io n of h orse r a ce tr acks 372/20 04 ) a nd r e p eals th e F o r es t
1, 2004 , B C R eg. 327/20 04) (e ffec ti ve Jul y 8, 2004 , B. C. R eg La nd R ese r ve Procedur e
LAND TAX DEFERMENT ACT , 329/2 004) , a m ends th e In ve sti- R eg ul a ti o n (B C. Reg 17 6/2 00 2) ga ti o n a n d P r osec uti o n C o st s (e ffec ti ve A u g u st 3, 2004 , B. C. a m ends th e L a n d T ax D e fe rm e nt R eg 372/200 4)
R eg ulati o n (B.C. R eg. 57/ 98) R eg ul a t io n (B.C. R eg . 227/9 0)
(effec t i ve Jul y 8, 2004, B.C Reg. r ega r d in g offe n ces un de r th e
SAFETY STANDARDS ACT , 328/2 004 )
LAND TITLE ACT , ame n ds th e
W a t er Act (effect i ve Nove mber 1, a m e n ds th e A dmini str a ti o n
200 4, B.C . R eg. 367/ 2004 a nd Delegatio n Reg ul a ti o n (B C . R eg. effec ti ve Jul y 23,2004, B .C. Re g . 234 / 2004) t o a dd th e C it y of
L a nd Titl e Act R eg ul a ti o n (B.C. 368/2004) a n d th e V iola ti o n S urr ey t o th e r eg u la tion (e ffecR eg . 334 /79 ) (eff ec tiv e July 4, Ti c k et A d mini st ra ti o n a nd Fin es ti ve Jun e 18, 2 004 , B .C . R eg. 2004 , B C. R eg 27 4/2 004) R eg ul a ti o n , (B.C. R eg 89/97) 288/2 004) a nd am en ds th e Saf e t y
LOCAL GOVERNMENT ACT , r ega rd ing sec ti o n r e fe r enc es S t a n da r ds Ac t R e p ea l a nd
c r ea tes the R eg ion a l P a rk s a nd (effect ive Novembe r 1, 20 04 , B C. Tr a n siti o n a l Pr ov isi o n s
R egio nal Tr a il s Reg ul a ti o n R eg. 369/ 2004 a n d effect ive Jul y R eg ul a ti o n s (B.C. Reg . 137/ 2004 ) (e ffec ti ve Jul y 23, 2004, B.C . R eg 23, 2004, B C Reg. 368/ 200 4) (effect ive Jun e 18, 2004, B. C. 3611200 4)
OMBUDSMAN ACT , ad d s th e R eg. 289/ 2004)
MORTGAGE BROKERS ACT , Bu sin ess Pract ices a nd Co nsum e r SMALL BUSINESS VENTURE
a m ends th e M o rt gage B r o k e r s Prot ec ti o n A uth o rit y, es t a bli sh ed CAPITAL ACT , am end s th e
Act R eg ul a ti o ns (B .C. R eg . und er th e B usin ess Prac ti ces and S m a ll B u sin ess Ventur e Ca pit a l 100/73) (effe ctiv e Jul y 4, 2004 , C onsum er Protec tio n A uthorit y R eg ul a ti o n (B. C . Reg. 39 0/ 98) B. C. R e g. 27 4/2 004) A ct , as a sp ec ified a uth o rit y to th e (effect i ve Jun e 11,2004 , B.C
MOTOR DEALER ACT , a m e nd s
Om b udsman Act (effec ti ve Jun e Reg. 267/ 2004)
th e Mo t o r D ea le r Ac t R eg ul a tio n 30, 20 04, O r de r in Co uncil 648) UNCLAIMED PROPERTY ACT , (B.C . R eg. 44 7/78) a n d Mo t or PETROLEUM AND NATURAL ame n ds the U ncl a im e d Pro pe rt y D ea le r Li ce n sin g R eg ul a ti o n GAS ACT , amen d s th e Drillin g Reg ul a ti on (B.C. Reg .4 63/99)
(B. C . Reg. 391194) (e ffec ti ve Jul y a nd P r od u c ti o n Reg ul a ti o n (B. C. (effect i ve Jul y 4 , 200 4, B .C . R eg . 4 , 2004 , B. C . R eg. 27 4/20 04) R eg. 362/98) (effec ti ve A u g ust 13, 274/200 4)
MOTOR FUEL TAX ACT , 2004 , B C R eg 39 0/2 004) WASTE MANAGEMENT ACT , a m e nds th e M o t o r Fuel T ax PRIVATE MANAGED FOREST ame n ds th e Ozo n e D epl e ti n g R eg ul a ti o n (B.C. R eg . 4 14/ 85) LAND ACT , crea tes th e Pri va t e S ub st a n ces a nd O th e r (e ffec ti ve Jul y 1, 2004, B C. Reg. Ma n age d Forest L a n d Co un cil H a loca rb o n s R eg ul a ti o n (B.C. 26 4/20 04) Reg ul a ti on (effect i ve A u g u st 3, R eg. 387/ 99) (effec ti ve Jun e 11 ,
NANAIMO AND SOUTH WEST
2004, B.C. Reg 336/20 04), c r ea tes 2004, B.C. Reg . 268/ 2004) t h e Pr iva t e Ma n aged Fores t
WATER ACT , c r ea t es th e
G r o und wa te r P r otec ti on R eg ul a ti o n (sec ti o ns 1 t o 6 a re in fo r ce Novem b e r 1, 2004, th e r em a ind e r in fo r ce Nove mb er 1, 2005, B.C. R eg. 299/20 04) and a m e n ds t h e Wa t e r Reg ul a ti o n (B.C R eg. 204/88) (i n for ce Novem ber 1, 20 04, B.C. R eg. 309/2004)
WORKERS COMPENSATION
ACT , ame n ds th e Oc cup a tional Hea lth a nd Safe t y Reg ul a tion (B C R eg 296/97 ) r ega rdin g agr icultur a l ope r a ti o n s a nd
repea ls th e R eg ul at io n s fo r
Ag ri cul t ur a l Opera ti o n s (B C
R eg. 146/93), Indu stri a l H ealth a nd Safe t y R egul a ti o n (B C. Reg. 585/77) a n d th e A ppli ca tion o f H ea lth a n d Safe ty R eg ul a ti o ns t o th e F a rmin g Indu str y (B .C. Re g 340/97) (a ll effec ti ve Ja nuar y 1, 2005, B.C . R eg. 3 12/20 04 )
REPORTS AVAILABLE
2003/2004 ANNUAL REPORT OF THE AUDITOR GENERAL OF BRITISH COLUMBIA (JUNE 2004)
So ur ce: Offi ce of t h e A u d it o r
Ge n e r a l. Ava il a bl e at: b ca udit o r com/A u di t o r Genera l.htm
ASSESSING USA PATRIOT ACT IMPLICATIONS FOR PRIVACY COMPLIANCE UNDER BRITISH COLUMBIA'S FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (JULY 2004)
Source: Informat ion and P r ivacy Comm issio n er of B.C. Ava il ab le at: www o i pc bc.o r g
IN SICKNES S AND IN HEALTH: HEALTHY WORKPLACES FOR BRITISH COLUMBIA'S HEALTH CARE WORKERS (JUNE 2004)
So ur ce : Office of th e Auditor
Gene r al. Avai lab le at: bcaudi t or. co m/ A u di t o r Genera l.ht m
CONSULTATION PAPER ON UNFAIR CONTRACT TERMS (JUNE 2004)
Source: B.C. Law I n stitut e. Ava il a bl e at : www. bcl i.o rg
ENDURING POWERS OF ATTORNEY, CONSULTATION PAPER NO 1 (WESTERN CANADA LAW REFORM AGENCIES) (AUGUST 2004)
Source: B.C. Law I nst it u te. Avai lab le a t : www. b cl i.org
Cases on the Doctrine of Scienter
a: I'm dealing with a case of a dog attack. I've already found informat ion from the perspective of negligence bu t am also looking for cases etc. on the doc t rine of scienter What would you suggest?
A: One place to sta rt would be t he BCCLS library catalogu e. A general keywo r d search for " animal law " brings up a list of 12 items and will direct you to some te xtbooks on the s ubject. Since there are few Canad ian texts on th is subject, however, in order to find case l aw and the applicable legislation , you w i ll need to turn to a Canadian source. WestlaweCarswell 's LawSource , an online system, can provide you with ca s e law, an authori t y li st for ea ch cas e, applicable CEO entries plus KeyCite references show i ng how the case s have been treated A phrase s ear ch f or " doct r ine of sc i en t er " and " anima l" provides a list of 14 B C ca ses, w ith the accompanyi n g ci ting r eferences
LawSource i ncludes all cases published i n Carswell topical law reports, legislation, the CEO, the Canadian Abridgment and KeyCite, an electronic citator for Canadian cases and legi s lation. The subscript ion is paid f or by the B C Courthouse Library Society and is freely available in all courthouse l i brar ie s except Vancouver. See page 30 fo r information on free LawSource training
The B.C. Courthouse Library Society welcomes your questions E-mail queries t o bccls @bccls bc ca
Executive Committee 2004/2005
MICHAEL C WOODWARD (PRESIDENT)
Michael Woodward is a graduate of UBC in mathematics and in law; he was called to the bar in 1986. He is a founding partner in th e law firm Woodward Walker, which acts in local government legal matters throughout the province.
An elected member of CBA Branch Council since 1997, Michael was first elected to the Executive in 2001, and in 2004 was elected as President of the Branch, whereby he chairs the Executive Committee. He also sits on National Council, and on the National Board of Directors.
He ts past-Chair of the Municipal Law Section, and a member of the Labour and
Environmental Sections . He has presented papers at several CLE courses, has authored the Municipal Law chapter for CLE's Annual Review of Law and Practice for the past seven years, and was course coordinator for the most recent Municipal Law CLE program. He frequently lectures for the Loc a l Government Management Association, the Union of B.C . Municipalities , the Municipal Administration Training Institute, and the Capilano College Public Administration Program.
Following articles and three years as a labour/school law associate at Campney & Murphy, Michael spent two years with the municipal law firm Lidstone, Young, Anderson, followed by 11 years as a partner in the municipal law firm Thompson & McConnell. He and his law partner Robert Walker founded Woodward Walker in mid-2002.
ROBERT BRUN (PAST PRESIDENT)
Robert was born in Whitehorse in 1952 and schooled in Vancouver. Robert rec e ived a BA in 1974 and a
Bachelor of Laws degree in 1977, both from UBC. He was called to the B.C. bar in 1978 and entered private practice in Vancouver. Robert worked in the WCB's Legal Services Department from 1979 to July 1984, when he entered into a partnership with Lyle Harris in Vancouver. Today the firm of Harris & Brun consists of 20 staff and lawyers.
Robert has practised in Vancouver since 1984 ' appearing frequently in the Supreme Court of B.C. and th e B.C. Court of Appeal. On several occasions he has ventured before the Supreme Court of Canada.
Robert is a frequent speaker at both CLE and Trial Lawyers Association of B.C (TLABC) seminars. He has been an active member of the TLABC since 1991. He has been a member of the CBA since 1977, serving on the executive of the Insurance Law Section from 1991 to 1995. In 1997, he was elected to Provincial Council and served two terms He was first elected to the Executive of the P r ovincial Council in 2000, serving as Secretary - Treasurer (200112002), Vice-President (:2002/2003), and President (2003/2004).
L-R: Frits E. Verhoeven, Robert C. Brun, Michae l C. Woodward, Sarah L. Klinger , F. Kenneth Walton, Sharon D. Matthews, Timothy D Klaassen, Marguerite [Meg] Shaw, Stella D Frame, Michael T. Mulligan
MARGUERITE (MEG) SHAW (VICE-PRESIDENT)
A native of Lethbridge, Alberta, Meg has lived m B.C since 1969. She graduated from UVic in 1983 with a Bachelor of Science in Nursing, and from UBC in 1988 with her law degree. She practises with Hattori & Shaw in Kelowna where her areas of specialization are family law, mediation, and wills and estates. As well, Meg practises as a family protection mediator, child advocate, and ad hoc counsel for the Coroner 's Service of B.C.
Meg served the CBABC first as Chair of the Family Law-Okanagan Section for three years, then Co-Chair of the ADR-Okanagan Section, and as an elected Member for Yale County for six years. Meg served as an Officer on the Executive Committee for for two years, and Secretary Treasurer for 2003-2004.
Community involvement includes serving as a Director on the board of the Registered Nurses Association of B.C., the Institutional Research Committee for Kelowna General Hospital, and the board of the Kelowna-Westbank YM-YWCA. Meg has also been a guest lecturer at Okanagan University College, Cariboo College, and CLE. She has provided pro bono services for the Central Okanagan Hospice Association and the Elizabeth Fry Society.
FRITS VERHOEVEN (SECRETARY-TREASURER)
Frits Verhoeven is a partner in the Vancouver law firm of Edwards, Kenny & Bray, and practises in the field of civil litigation
Born in Vlaardingen, the Netherlands, in 1956, and raised in Richmond, Frits obtained degrees in Commerce and in Law at UBC. After articling with Edwards, Kenny & Bray, he was called to the bar in 1983. He was managing partner of the firm from 1997 to 1999.
Frits was first elected to Provincial Council in 1999 and was re-elected in 2002. He served on the Member Services Committee for four years, from 1999 to 2003 He was a member of the national CBA Special Committee on Financial Services, 200112002. During 2002/2003, he served as the Chair of the Business of Law Committee. He has served on the Executive Committee since August 2003.
Frits resides in Richmond, with his wife Kathryn and their four children. He coaches a hockey team in the Richmond Minor Hockey Association.
STELLA FRAME (EQUALITY COMM ITTEE REPRESENTAT IVE)
Stella Frame is a shareholder of Boughton Pete rson 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 leads the firm's insolvency practice group.
Stella has been a volunteer for the Continuing Legal Education Society, updating course materials for the Professional Legal Training Course (PLTC) and updating the Practice Checklists Manual for the Law Society of B.C . She has also delivered the collections lecture for PLTC and has delivered speeches on insolvency issues to financial institutions and related credit grantors' associations. Stella is a past member of the CBABC 's Judicial Advisory Committee, the Women's Advisory Committee, and the Court Order Enforcement Act Review committee. She is the past secretary of the Insolvency Section, and is currently Chair of the CBABC Equality Committee Stella also leads Boughton's women in business marketing focus group.
TIM KLAASSEN (OFFICER)
The University of Saskatchewan granted Tim an LL.B in 1994. Prior to law school he was employed with the Canadian Federation of Students as the Fieldworker for New Brunswick and Prince Edward Island . He worked as a summer student with Saskatchewan Continuing Legal Education in 1993 and articled with the Manitoba Department of Justice in the Winnipeg office the next year.
Tim was called to the B.C. bar and took an associate position with Currie and Company of Houston , B.C. in 1995. The next year he acquired the general practice of Judge Mark Takahashi in Smithers, where he have been ever since. He specializes in litigation, particularly criminal defence, and he has tried cases in French.
His involvement in professional associatiOns from 1996 to 2004 includes chairing the General Practitioners-Prince Rupert Section, serving as a County Bar president, local bar organizer and representative on court committees, chairing and volunteering on the CBABC Communications Committee
and serving as an elected representative on Provincial Council since 1999. Tim enjoys the warm camaraderie of the lawyers separated by the vast distances along the Yellowhead highway and the unprecedented access to the judiciary of the northern bar.
SARAH KLINGER (YOUNG LAWYER'S REPRESENTATIVE)
Sarah Klinger practises civil litigation with Waddell Raponi in Victoria, with a focus primarily on personal injury, employment, contract, and administrative law She was called to the B.C. bar in 2001. She has a Bachelor of Arts in English Honours from the University of Victoria. She completed her LL.B. at the University of Victoria after spending her first year of law school at Dalhousie University in Halifax.
Sarah has been on the executive board of the Young Lawyers- Victoria Section for the past four years; she is beginning her second term as Chair of that Section, and her first term as the Young Lawyer's Representative on the Executive.
Sarah has been active in returning to UVic to speak to incoming law students, to act as a judge in the annual Fraser Milner Casgrain Negotiation Competition, and to act as a mentor in the Canadian Bar Association and UVic Law Mentor Program .
SHARON MATTHEWS (OFFICER)
Sharon Matthews obtained bachelors degrees in Commerce (Han .) and Law at UBC in 1992 and was called to the bar in 1993. She practises in Vancouver with Camp Fiorante Matthews.
Sharon confines her practice to civil litigation with an emphasis on product liability, aviation litigation, and class actions. She has appeared before all levels of court in B.C., and before the Ontario Superior Court of Justice, the Ontario Court of Appeal and the Alberta Queens' Bench.
Sharon was a co-founder, Secretary and CoChair of the Class Action Section She has been an elected member of Provincial Counci l from Vancouver County since 2001. She chairs the Resolutions & Bylaws Committee and the Sections Committee.
Sharon was the 2003 recipient of the CBABC President's Medal.
Sharon was a member of the Advocates Club from 1998-2002. She is a member of the TLABC and the Alberta Trial Lawyers Association. She has written numerous papers on civil litigation and class actions and she has lectured for the CBA, TLABC, the Canadian Institute, UBC Law School and the Canadian Association for the Study of the Liver.
MICHAEL MULLIGAN (OFFICER)
Michael Mulligan practises criminal law in Victoria at Mulligan Tam Pearson. Michael attended law school at the University of Victoria and, after anicling at the Department of Justice in Vancouver, returned to Victo r ia in 1998 to enter private practice
Michael served as Treasurer of the Young Lawyers- Victoria Section in 1998 and as the Chair of the Criminal Justice - Victoria Section from 2001 to 2004. He was elected to Provincial Council and to the Executive in 2004.
In addition to being a member of the CBA he is also a member of the TLABC and the International Society for the Reform of Criminal Law
F. KENNETH WALTON (OFFICER)
Ken obtained his law degree from the University of Saskatchewan in 1972 He was called to the bar in 1973 in Saskatchewan and 1975 in B.C. Save a year with the B.C. Department (as it then was) of the Attorney General, Ken has been in private practice throughout his career, in Victoria since 1975. At one time or another, Ken has done almost every aspect of courtroom work plus some selected solicito r work, mostly in wills and estates.
Ken served on the Victoria Bar Association in the late 1980's. An elected member of CBA Council this year, Ken was the Wills and Trusts- Victoria Section chair in 2003-04. Ken has been a CLE lecturer in the area of ICBC Part 7 no-fault benefits. He has written articles for The Ve1·dict on, among other topics, experts' fees and Canada Pension Plan LongTerm Disability.
Ken comes to serve his fellow practitioners from a lengthy history of community service with Kinsmen, Rotary, K-40, the Y, Goodwill, and the board of an elder home .
Ken hopes to help us all by promoting the interests of lawyers, a profession he feels privileged to be part of.
Is There an Articling Crisis?
Students and law firms work to meet the challenge
There have been conflicting reports on the state of articling in the past few years. Anyone who knows a student seeking articles will hear of the difficulty in finding them. We spoke with a number of students about their expenence.
"The stress was worse than the process," says a UBC student who has secured his articles. "Getting articles is your immediate goal. If you don't get them, what have you been going to law school for?" Bad news about articles hits students from all corners they hear about a shrinking number of positions, firms not hiring students back, and students considering articling for free just to obtain their articles. [Editor's note: Although allowed, the Law Society does not encourage this practice.}
The pressure on students to find articles isn't helped by the feeling that their law career hinges on finding a position. At least in Alberta and Ontario, students can take the bar admission course before securing articles. "If it were possible to take PLTC before having entered into articles, I sometimes think th at might make one more mar-
ketable," says one student, who completed his law degree in May and has since sought articles in Vancouver.
Another area of concern to students is the recent change to the Law Society's articling requirements
"When
from their summer student pools; in effect, using summer terms as probation periods, says a student coordinator at a large Vancouver firm "We can use those months as a long interview period to really assess a person " Students who have missed out on summer positions at large firms may find themselves shut out of articling positions at those firms.
Both UVic and UBC say that approximately 90 per cent of students searching for articling positions have been placed, down only five per cent from preVIOUS years.
Students who seek articles only at large law firms likely exclude themselves from an emerging market. "The smaller and mid-size firm market is opening up," says Jennifer Moroskat, UVic Career Development Officer.
Smaller firms do not tend to get involved in the formal recruitment cycle, and instead tend to hire students in the spring semester as their needs become more apparent. One Kelowna firm says business in their town is booming; most firms have an articling student, and they are searching Canada-wide for top
we get to
the point where we can act as principal. .. we have a duty to provide that
opportunity to an articled student."
which now necessitate students acquiring experience in three areas of law. The worry is that boutique firms with a limit ed focus may not be able to meet thos e qualifications. Leslie Small, Manager of Credentials and Licensing at the Law Society, says that just hasn't happened. Not one firm app lyin g to have an articling student has failed to meet the three areas of law criteria
The articling hiring practices at law firms may be a contributor to articling stress. Some large firms are developing their summer programs and hiring
24 BARTALK October 2004
law students with a connection to their area. The number of applications to that firm has remained steady.
In the articling market, smaller and mid-sized firms are stepping up to provide this essential training, but it is students who must actively door-knock and network directly with firms. Sarah Klinger, the CBABC's Young Lawyers Representative, says students shouldn't be afraid to take the initiative and contact firms. One student who recently found articles networked extensively throughout his seco nd
year. "By the time articling week arrived, I was ready to meet with firms and knew what the process would be." This student sent in his application, had an interview, and attended a wine and cheese function where he "cornered" the hiring committee's chair. As a result, he obtained the desired articling position on the first day of articling week.
Lawyers, for their part, have a responsibility as well. "The articling process is how the younger generation learns to practise law," says Sarah Klinger. "When we get to the point where we can act as prin -
cipal (after seven years of practising) , we have a duty to provide that opportunity to an articled student." The average practising lawyer in B C is about 46 or 47 years old . The time is right to guide new lawyers and share knowledge, professionalism, collegiality and war stories.
If you are interested in providing an articling position, please contact Jennifer Moroskat, UVic Law Career Development Officer (250-472-4719) or Judy Pozsgay & Nadia Myerthall, UBC Law CoDirectors of Career Services (604-822-0846). BT
Chasing a Goal With Seconds To Spare
Coming aro u nd the last corner the pain was excruciating. A tight band was across my hips- my legs were leaden. With each stride the pain shot through my legs.
But I had to keep going. The clock read three hours and 29 minutes and to realize my dream I had to finish the Victoria International Marathon in 3:30. Not knowing if I could keep going, or where to turn for help, I thought of my wife's father, Marland, who had passed away just one month earlier. I was running this race in his honor to see if I could finally qualify for the Boston Marathon
Marland's advice came to me quickly : "Keep running and run harder." So I did. On the final stretch I looked like a human crab - arms and legs flailing away- as I tried to run faster. Others described me more like a human windmill that was experiencing mechanical difficulties. Suffice it to say the previous 25 miles were not contributing to a free -flowing running sty le
James Dunn holds h is son, moments after qualify i ng for t h e Boston Marathon
I just wanted to give up. Every part of my body hurt and I thought, "If I give up who would know?" I couldn't live with that answer. Calling on everything I had left, this crab - like, windmill-challenged figure careened down the last yards to finish in a time of 3 hours 29 minutes and 54 seconds. I fell into the waiting arms of my family, unable to take another step. After eight years of trying, I had qualified for the Boston marathon by six seconds.
It was not easy for me to qualify for Boston I had to put in years of training and deal with numerous "failed" attempts. It helped to remember what Winston Churchill said when he was asked what his most helpful ability was in dealing with the darkest days of the war, when all looked like it was lost. What Winston Churchill pointed to was not the successes of his life. Rather he remembered the two years in primary schoo l when he was required to repeat the same grade. Others could see that as a "failure" but Churchill saw it as his greatest asset as it provided him with the perseverance to keep on going. The people of England, he knew, needed someone who would not quit when things got tough.
So I learned, too, that not getting what I want, when I want it, is often a good thing. It was my repeated attempts, what some people refer to as "failures," that gave me the strength and courage to keep on going. For that one day, at that one marathon, I was tough enough to achieve what seemed impossible
James Dunn is a program lawyer for the Lawyers Assistance Program which provides support services for lawyers in B.C.
Marketing Techniques
Growing a new practice with healthy habits
Drink lots of water, eat fruits and vegetables, exercise regularly, and develop good marketing habits early. It's simple, really; just activate some basic business development strategies now and you'll reap the rewards.
Consider first your sources of work. Files can come from down the hall or from across the street (or some claim it can fall from the clear blue sky). And because you'll share an elevator each morning with a potential "client," let's consider your "internal market" first
keting to the street . Join an organization of interest; one that can lead to work (for more on this topic see BarTalk , June 2004, Volume 16/Number 3 issue or access it online at www.bccba.org).
Read this twice: this is a long term endeavor. Now that you have good face-to-face rapport, future mailings, e-mails, and phone calls will have more impact.
Get curious about clients' Communications, is a law firm marketing consultant. She can be reached at 604-876-7 769 or
industries - skim just one or two of their publications, attend conferences, meetings and talk to the players (even if you have to unglue svandyke@telus.net
Since most work will initially come from within the firm, develop a reputation as a keener: someone who demonstrates reliability, initiative, resourcefulness and independence. Get on committees, attend firm functions, arrive at meetings prepared and on time and always meet (or beat) deadlines.
Get a mentor. Attach yourself to a (willing) partner. Choose someone who has plenty of work, is well-connected and respected throughout the firm
Ask to be included on a non-billable basis in client meetings, lunches, signings, court appearances - as a keener you can add value, but discuss work-related limitations with your mentor.
Get to know all the partners. Lunch, meet, interview. Ask questions and target each as a potential source of work . Ask if they need help and only turn down work if you can't possibly meet the deadline.
The staff and administration can also propel you to success . The librarian is often on the pulse of active files and is a great person to get on-side.
Now that you're en route to building a great professional reputation inside the firm, take your mar -
yourself from a wall to introduce yourself), and you will naturally fall into the fold Soon you will be a contributor and the firm 's go - to person for industry news
Write a lot. D istill recent decisions, rework an opinion memorandum, "co-author" an article with a partner and get your publications on your firm's Web site, into trade publications, or newsletters.
Stash your business cards everywhere so you always have some on hand. Collect cards and value them. Create a database - even Outlook, Maximizer or Excel will do. Use the convenience of a database to keep in touch through events, newsletters, holiday cards, lunch, phone calls, etc.
Before you know it, you'll need to make note of the transactions, closings and decisions that you've worked on Your work history is akin to your inventory, so to speak - keep a running index so you can trot it out when a client asks if "you've worked on this sort of thing before."
Limit your trans fats, get plenty of sleep and follow these simple rules to be well on your way to building a thriving practice. BT
Susan Van Dyke, Principal, Van Dyke Marketing &
Legislative Look-Ahead
Parl iament reconv e nes t his month with Canada ' s first minority government in a generat i on . CBA Sections and Committees are ready to respond to new and r eturning government init iati ves Here are just some of the issues on the radar scre e n :
• the three-year review of anti-terrorism leg islatio n;
• a more transparent appointment process for the Supreme Court of Canada ;
• fam i ly lawcustody and access , and spousal support guidelines ;
• corporate governance ;
• legal aid;
• a review of the refugee determination system ;
• drug-impaired driving ;
• report of the quadrennial commission on judicial compensation ; and
• possession of marijuana
Code of Conduct Changes
es fo r la w ye r s ac ting a s m e di a t o r s, a lon g w i th upd a t ed co mm e nt a ry o n n o n-di sc rimin ati o n (sex u a l h a r ass m ent a nd h a r a ssm e nt), a r e a m o n g th e m a n y r ev isio n s t o th e Co d e th a t we r e a ppro ve d un a nim o u sl y b y CBA Co uncil. Th e las t co mpr e h e n si ve chan ges t o th e Co d e we r e made in 1987 Th e CBA is lo o kin g at fundin g opti o n s t o print th e Co d e a nd mak e h a rd co pi es av ail a bl e t o a ll m e mb e r s. M ea n w hil e, to v iew the r e soluti o n s a mendin g th e Co d e onlin e, vi sit w ww .cb a .o r g/CB N r e so lution s/2004r es
CBA Joins Protest
For Guantanamo Bay
Prisoners
Th e C BA h as jo ined 26 intern a tional le ga l lea d e rs to cond e mn th e co ntinuin g d e t e nti o n o f n o n - U.S "e n e m y co mbat a nt s " in G u a nt a n a m o Ba y. In a jo int le tt e r si g n ed in A u g ust , th e 26 b a r le a d e r s d e plor e d th e co nsid e r a bl e time th e d e tain ees h ave bee n held without ac ce ss t o lawye r s o f th e ir ch o ice or th e ir famili es in r e p o rt e d conditi o n s of ph ysic a l a nd p syc h o log ical dur ess . " Th e case fo r th e m to b e a bl e t o ch a lle ng e th e ir d e t e nti o n in a ci vilian co urt is str o n ge r th a n eve r," says th e d ocum e nt.
Th e st a t em e nt as se rt s th a t th e w a r o n t e r ror ism w ill n o t and ca nn o t b e won by d e n yin g th o se s usp ec ted of t e rr o ri sm th e fund a mental right of a fair opp o rtunity t o t est th e evidenc e a ga in st th e m .
Image Campaign Enters
Round Two
Thi s fa ll , the CBA la un ch es th e se cond pha se o f it s bilin g ual n a tional im age ca mp a ig n. T V a d s, produc e d a nd aired las t sprin g and see n by millions o f Canadi a ns , will run during "Th e G r e atest Ca n a dian " televisio n se ri es, sch edul e d t o a ir st a rtin g o n Octob e r 17. Th e a d s will a ls o run o n CBC Newswo rl d.
Bo th the T V a nd p r int a ds w e r e well r ece iv e d b y th e public a nd C BA m em ber s. Th e B .C. B r a n ch h as a rran ge d f urth e r loca l br oa dc a sts of t h e TV a d an d pl a ced pri nt a d s in m an y n ews p a p e r s
Th e ads ca n be vie w ed a t ww w.cb a .org/C BN a bou t/di sco ver.
National Law
Student Edition
National magazine has published its second annual law student edition This year 's issue contains a series of articles in which students describe successful articling experiences , alternative summer positions , and humanitarian opportunities overseas
Oc tober 2004 BARTALK 27
Bar Moves 1': 71
Ha ve you r ecently changed firms or opened a new firm? Send s ubmis s ions [maximum 25 words) t o Bar Moves at cba @bccba org
CORRINE FIESEL h as left Mill er T h o m so n L LP in Van co uv e r a nd n o w p r ac ti ses w ith B u rn et Duckwo rth & Pa l mer in Ca lga r y in th e a r ea o f sec ur i ti es
MURRAY A. HARRIS h as m ove d from W hit elaw T w ini ng in Va n co u ver t o Sco tt H a ll L LP i n Ca lga r y, whe r e h e wi ll contin u e p r act isin g in s uran ce d efe nc e law.
JAMES KONDOPULOS h as jo i ne d G r eye ll Mac Ph a il as a n assoc ia te lawye r. H
em pl oyment, a n d workp lace hum a n ri g ht s la w .
TONY WILSON (toge th e r w ith hi s Ma cint os h ) h as mo ve d hi s F r a nchi
to Bo u g ht o n .
MS Society Lauds VLAP Volunteer Lawyers
Th e M ult ip le Scle r os is Soc ie t y's Vo lun tee r L ega l Advocacy P r og r a m (V L A P) h a s b ee n in su ccessful ope rati o n sin ce Ja nu ary 2002 du e t o th e de di ca tion of th e m a n y lawyers w h o h ave d o n a t e d th e ir tim e a n d expe rti se to t h e orga n izat ion. Th e M S So ci e t y's VL A P ex t en d s it s d eepe st ap pr ec ia ti o n to th e se indivi d u a ls in r ecog niti o n of th e ir effo rt s t o h e lp p eop le li vi n g w ith multi p le scl e r os is h ave a ccess t o j u sti ce a nd equ a lity: Va u g h a n A lli n;
Ke nn et h A r ms t ro n g; JoA nn Ca r m ich ael; Di ck C h a n ; Seema C h as k a r ; Da vid C hristi a n ; V icki Eas in gwood;
D el E lge r sma; Jo hn G r ove r ; Su sa n
H u g h es-Hart; M ich ael J o hn so n;
Go rd o n Kopelow; T im Lo ui s;
K ir st e n Ma d se n ; E d wa rd N g , Kat hl ee n Pac k a r d; E la in e
R ey n o lds; Alan R oss; a n d Sh aw n
Sm ith
Dav is a n d Co m pany h as sh ow n co ntin ue d s u ppo rt a nd co m mit m en t t o V L A P. Thi s co llabo r a ti ve r elation shi p h as m a d e a hu ge d iffe r en ce in th e li ves of peop le w i t h multipl e scl e r os is
V L AP a l so r ecog ni zes t h e
Law Fo un da ti o n of B.C. fo r it s ge n e r o u s fundin g.
For mo r e in for m a t io n o r t o vo lunt ee r for VLAP, p lea se co ntact Ad ri a n ne Boo thr oyd a t 604602-320 4 (adrianne .b oot hr oyd@ mssoc iety.ca)
Pivot Wins Praise for Non-Profit Work
The Pivot Legal Society and nurse Megan Oleson are the joint Canadian recip i ents of the 2004 Award for Act i on on HIV/AIDS and Human Rights presented by the Canadian HIV/AIDS Legal Network and the New York-based Human Rights Watch
Pivot, a non-profit society, focuses on legal and human-rights issues in Vancouver"s Downtown Eastside "Pivot's brave and tireless work has he l ped to empower the most marginalized drug users in British Columbia," said Joanne Csete, Program Director for Human Rights Watch's HIV/AIDS "It has also forced both city and provincial authorities to grapple more seriously than ever with police harassment and dueprocess violations against drug users and se x- trade workers
Ms Oleson and Pivot lawyer John Ri c hardson were especially pra ised for their work by Ann Livingston , a s pokeswoman for the Vancouver Area Network of Drug Users [VANDU).
Special Deals For CBA Members
Check out some of these featured Member Services savings
Primus Canada offers CBA members a rate of $0.0475 per minute for long distance business calls, and a variety of Internet services. Details: www.primustel.ca/cbas
Whistler/Blackcomb
This winter, take advantage of some of the deals offered by the CBA's Corporate Club Program.
Virtual HR Online
The CBA's newest Preferred Supplier offers CBA members in small and medium-sized firms "virtual" human resources assistance. HRDEPT.com provides Web-enabled HR administrative tools and services to help manage their human resource requirements.
Key benefits include improved HR transaction process, simplified administration procedures, better services to employees and managers, and time savings for busy practitioners
Details : call Ken Duff, 613-728-8992 [e-mail
ken@hr-dept.coml
Enjoy reduced rates on a variety of products ranging from one day lift passes to the five day 'Edge Cards.' This year's programs offer much more than a simple day of skiing or snowboarding. Some of the products available to CBABC members this year are: ski & snowboard school; adult weekend clinics; single day ski/ride lesson; Atomic Dave Murray Clinic; Women on the Edge (ski program for ladies only); and rental vouchers. See full descriptions on the related insert in this issue.
Beyond an average savings of $16 per day on lift passes, also enjoy and average 20 to 25 per cent off all CBABC offered programs, including rental vouchers, ski lessons, and gourmet food vouchers.
The deadline for purchasing Whist!er/Blackcomb tickets, lift passes and Edge Cards through the CBA is Friday, November 5 To view a complete list of the savings and products available to CBA members at Whistler visit www.bccba.org. Also see related insert in this issue.
Get Financial Planning and RSPs From a Company Built Just For Lawyers
CBA Financial Services Inc. has appointed T.E. Financial Consu l tants to provide CBA members with objective, fee-based financ ial planning.
Through an exclusive arrangement with CBA Financial, members of the CBA receive a discount of 10 per cent on services, while all members of the legal profess i on, their families and employees are entitled to a discount of five per cent. There is a special i ntroductory consult i ng fee f or junior lawyers [less than two years from initial call to the bar).
And do n 't miss o ut on the Manulife Group RSP offering on ly for lawyers, their staff, and families with an exclusive discount available to CBA members
Details: www.barfinancial.com
Canucks Tix
On Ice
Due to the postponement and potential cancellation of the NHL season, we are not taking orders for Canucks tickets. In the event that a collective bargaining agreement is reached and a schedule is created, look to CBABC for tickets to the best games at discounted rates. Before the puck drops, call Andrew Mugridge at 604-6873404 (e-mail amugridge @bccba.org) for tickets
Legal Literature
BRITISH COLUMBIA COURTHOUSE LIBRARY SOCIETY
Index, Law Source Training
B.C . LEGAL LITERATURE INDEX
The B.C. Legal Literature Index provides access to articles in Section Papers, The Advocate, and The Verdict . Indexing has recently been completed for the CBA Section Papers and covers the period from 1988 to 2003. The Index is updated as issues are released Access the Index at www.bccls.bc.ca, under Databases in "Legal Research."
FREE LAWSOURCE TRAINING
BCCLS continues to offer LawSource training for lawyers outside Vancouver. LawSource is available for use on all branch computers in libraries outside Vancouver, and BCCLS offers many training opportunities for lawyers. Training sessions will be held this fall in Kamloops, Kelowna, Nanaimo, New Westminster, Prince George and Victoria, based on demand . For more information on training sessions, please speak with staff in the regional libraries.
Carswell trainers will conduct on-site training at your location, if you have a group of lawyers or law firm staff to be trained. Teleconference training is also available. For information on Carswell training, e-mail allison.bale@thomson.com or call 1-800342-6288, ext. 5190, or 604-572-4954
Lawyers Assistance Program
iii
LAPBC
LAP provides con fi dential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem .
Options for Lawyers seminars are held on the third Wednesday of every month. This ongoing series is intended as a networking, education and support group for lawyers and is free for members of the legal community.
For assistance or information on meetings and resources please call 604-685-2171 or toll free1-888-6852171. The LAP office address is 415-1080 Mainland Street, Vancouver, B C. V68 2T4. www.lapbc com
c Q) ---
October 12
New Westminster Bar Association Meeting (Westminster Club, 5:30p.m.
Contact: Samantha Hulme, 604-927-2142) co October 15 u
L... October 16 co m November 9 ..c November 17
u November 17 c co November 18
L... December 3 m
December 4
December 10
BARTALK October 2004
Executive Committee Meeting (CBABC Boardroom)
Women Lawyers Forum: Career Strategies for Women Lawyers (New Westminster, $95)
New Westminster Bar Association Meeting (Westminster Club, 5:30p.m. Contact: Samantha Hulme, 604-927-2142)
Executive Committee Meeting (CBABC Boardroom)
Bench & Bar Dinner (Pan Pacific Hotel, Vancouver, 5:45 p.m.)
Women Lawyers Forum: Career Strategies for Women Lawyers (Vancouver, $95)
Local & County Bar Association Meeting (Delta Airport Hotel, Richmond)
AGM & Provincial Council Meeting (Delta Airport Hotel, Richmond)
New Westminster Bar Association Annual Christmas/Seasonal Party
Grants
Approved
The Board of Governors of the Law Foundation of B.C. met on June 26, 2004. Funding to ta li ng $ 105,950 was approved for th e following 10 new Small P roject Grants
THE@LAW FOUNDATION
O F BRITISH COLUMBIA
New S m all Pr oject G ra nts
$15,000 UNION OF BC INDIAN CHIEF S C ommunity R esearch Man u a l
$15,000 VERNON AND DISTRICT WOMEN'S CENTRE SOCIETY
P ove rt y A d vo ca t e
$14,900 PEOPLE'S LAW SCHOOL T eac h e r 's G uid e t o L earning about th e L aw
$13 ,000 WESTERN CANADA SOCIETY TO ACCESS JUSTICE/DOWNTOWN SOUTH GATHERING PLACE COMMUNITY CENTRE ASSOCIATION
2004/ 2005 Va nc o uv e r P r o Bo n o C lini c P r o moti on and E x pan sio n Proj ec t
$12,000 NORTH SHORE PROJECTS SOCIETY FOR THE LOWINCOME AND HANDICAPPED (CO-PRO) L ega l Advo cacy Pr o jec t
$10,000 LAW COURTS EDUCATION SOCIETY
Pl a in L a n g uag e Boo kl e t s fo r th e Public on Supr e m e Co ur t Rul es for C ivil Proceed in gs
$7,500 TERRACE WOMEN'S RESOURCE CENTRE SOCIETY
L ega l E du ca tion P r o jec t
$6,550 UBC FACULTY OF LAW
Pro Bon o S tud e nt s o f Ca n a d a S umm e r Pro g r a m 2004
$6,000 BC CIVIL LIBERTIES ASSOCIATION
Fr ee d o m in A ct ion: Yo u t h a n d C i vi l Li b e rti es- A n
Int e r a cti ve Work sh op
$6,000 MOSAIC
Fr o nt Lin e Ad vocacy Wo r ke r s' Coo r d ination Pr o ject
Court Services Online Launches This Month
Court Services Online (CSO)- B C.' s electronic court registry- arrives this month with the launch of the CSO e-search service Information from every court registry in B C will be accessible online, a llowing users to conduct province - wide searches of Supreme and Provincial civil court files
The information available through e-search includes details on the nature of the claim or proceeding , the parties , documents filed , hearings, and results Some limitations on access to informa ti on will apply based on the type of proceeding, particularly to information on family matters
E-search is free in October Thereafter, a serv i ce fee of $6 , payable online by cred it card , w i ll be appl i ed per file for accessing information through e-search For th is fee, users will have a ccess to all of the info r mation available on a particular file More information one-search is available at www ag.gov bc ca/courts/cso
SEEKING
Seeking so li citor 's pr act i ce in Real Es t a te, Co rp o r a te, Fa mil y a nd Estate Law in th e GVR D. All comm uni cations in str ict co nfidence. E-mail rep li es to cba @bccba.org (Attention: Box 107)
JUN IOR FAMILY LAWYER REQUIRED
Fast-paced, Supreme Court fami ly liti gatio n firm in downtown Vancouver needs a bright , energe ti c, con fid ent junior lawyer. The successful applicant wi ll p r epa r e affidavits, draft p lead in gs, and attend cou rt Fax or e-mail yo ur cover in g le tte r, law sc h oo l transcript (if ca lle d und e r 5 yea r s), a nd resume in confide n ce to: Tracey Ja ckso n @ Dunnaway, Jackso n & Associates, Fax : 60 4-682-87 11 ; E-mail: Tracey Ja ckson @telus.net.
Estab li shed liti ga ti on practice for sa le on cent r a l Vancouver I sla nd Primarily family law practi ce with potential to expand. For more informati o n reply to cba@ bccba.o r g (Attn: Box 108)
SERVICES
THE NATURAL CLEANERS H ea lth y Horne C leaning 24/7, Vancouver, 604-76 1-2829
SPACE AVAILABLE
Met rotown (Bu rn aby) sha red furnished office space with view, apx. 120 sq. ft. + reception. $900.00/mth. Tel.: 604-430-8868.
VACATION PROPERTY
WA ILEA, MAUl RENTAL on Blue course, panoramic Pacific views. Ca ll 303-376-4466.
LAWYER REQUIRED
Davidson & Company is a well-respected, mid-size law firm, loca ted in th e Okanagan Valley We provide a wide range of lega l services. At this time , we are seeking an a pproximately 2- 5 year call to join our ex panding tea m If you are looking for a n act ive lifestyl e while maintaining a challenging and rewarding career, please contact us in confidence at:
Davidson & Company
Attention: Rob er t E. Ross 4th fl oor - 3205 32 nd Street Vernon, B.C. Vl T 2M4
E-mail: rob ertr@da vid so nlaw .co m
NEXT BARTALK MAILING: December 10
Please direct advertising inquiries to : Sandra Webb, BarTalk Edit or Te l: 604-646-7856 or 1-888-687-3404
E-ma il : cba@bccba.org
Practice Restricted To WCB
Sec. 257 Determinations , Opinions and Court Applications on referral 604-267-3033
The CBA's annual Canadian Legal Conference is coming to Vancouver August 13 to 16, 2005 . There will be plenty of volunteers needed; if you are available to help for half a day or so , please call Rose Fabbro at the CBABC 604-687-3404 [e-mail rfabbro @bccba orgl.
Two volu nteer act ivities invo lve pa r ticipati ng in the at-home di n ners or law f irm receptions . At-home dinners invo lve host ing lawyers and spouses in yo u r home for dinner and socializing on Saturday, August 13, 2005 This is one of the highlight events of the conference; so don ' t miss your chance to participate. Contact Ming Song [mingsong @novuscom . net] for more information or to volunteer. Law firm receptions occur on Monday, August 15, in the afternoon Perhaps your firm could sponsor a reception at the Art Gallery or the Terminal City Club? Contact Diana Dorey [dldorey@davis ca] for more information or to volunteer
