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CBA recognizes two members with distinguished service award NEWSLETTER OF TH E CANADIAN BAR ASSOCIATION, B.C. BRANCH

NOV/D EC 1994

Marlene Scott, Q.C.,and theHon. Nathan Nemetz, were recently chosen to receive the l994Georges A. Goyer, Q.C., Memorial Award for Distinguished Service. Thepresentation was made at the annual Bench and Bar Dinner held jointly with the Law Society of B.C. on November 24, 1994 at the Law Courts Inn at the Vancouver Law Courts.

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"Each of these recipients exem- I plifies the spirit of this award: ~ exceptional contribution to the ~ legal profession in British Colum- a: bia," said CBA (B.C. Branch) pres- ~ ident Eric Rice, Q.C. ~ .....__ Q.

VOLUM E 6 NUMBER 7

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Please turn to page 14 for a short description of each award recipient.

Registry Q&A ................... 2/3 President's Message .......... 4 Don't change RRSPs .......... 5 Public program starts ........ 6 SectionTalk ......................... 7 PracticeTalk: planning ....... 9 Articling handbook ........... 10 Legislative Update ....... 11/1 2 National CBA news .......... 13 Award winners .................. 14 Equality issues shared ...... 15

CBA (B .C. Branch) President Eric Rice, Q .C. (centre) congratulates the Hon. Nathan Nemetz and Marlene Scott, Q.C. They were chosen to receive the 1994 Georges A. Goyer, Q.C., Memorial Award for Distinguished Service for their ex ceptional contributions to the legal community.


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Your Registry Questions Answered Janet Caird, District Registrar in Smithers has provided a helpful geography lesson. Prince George is in the judicial district of Cariboo. Smithers is in the judicial district of Prince Rupert. Therefore, the Question and Answer in the October BarTalk is incorrect. We apologize for any confusion this may have caused our members. Here is the correct version: Supreme Court Act, Sectio11 8 Rule 44(15)

Q: Could a Notice of Motion filed in Prince George name the Smithers Registry as the place of hearing?

A:. No. They are not within the same Judicial District. Pursuant to Rule 44(15): "Where there is more than one place within the judicial district referred to in subrule (14) at which the court normally sits, the applicant may name, as the place for hearing, any of those places, but where the applicant names a place other than the place at which the proceedings was commenced, the court may, where the court considers that it was unreasonable to have made the motion returnable at that other place, a) order that the application be heard at some other place, b) dismiss the application, or c) hear the application and may, in any event, make a special order as to costs.

application by Praecipe without any supporting documentation. Melnick, J. found the Registrar in error and disallowed costs of the party travelling to Cranbrook to make the application. AdoptionAct

Q: On an application of the adoption of an adult person are the consents of the adult person's parents required? A: The adult person's parents are entitled to notice of the application. If the consents of the parents are provided or if the parents are deceased, the application may proceed as a desk order. Generally the applicant must file a petition, serve the parents and speak to the matters in chambers. See the Practice Direction #6 of Chief Justice Esson dated June 10, 1994. Rule 44(10) and (11)

Q: When is "short leave" required for chambers applications?

A: There are various circumstances under which leave to hear a motion on what is generically referred to as "short notice" may be granted . 1.

Rule 44(10) requires two clear days notice between service or delivery of a motion and the hearing date "unless otherwise ordered" ie. leave is granted for short notice. In the event phrase (1) (see below) should appear on the motion. If leave is granted the motion may be endorsed as per Rule 41(10).

2.

Rule 44(11) allows for service of a motion at the same time as the originating process but the motion may not be made returnable within the time limited for appearance "unless the court otherwise orders" ie. gives leave for short notice. In that event phrase (2) (see below) should appear on the motion. If leave is granted the motion may simply be endorsed as per Rule 41(10).

3.

Rule 10(13) allows for the granting of "short leave" in cases where the time limit for service or delivery of a notice of hearing prior to the hearing of a petition is sought to be abridged. There must be three clear days notice of the date set for the hearing of the petition "unless otherwise ordered". There are very few applications for "short leave" in those circumstances.

4.

Rule 18A(2) required "at least" 14 days between delivery of a motion and hearing" unless otherwise ordered". Phrase (1) below.

Judicial districts are described in Section 8 of the Supreme Court Act. Rule 44(16)

by JoamrePower, Ma11ager, Registrar Programs

Q: Has there been any judicial guidance on the interpretation of the procedure to be followed by a registrar when entertaining an application under Rule 44(16)?

A: Yes. In Roberts and Whieldon v. Corrigal and Corrigal reported at 84 B.C.L.R. (2d) 155 the Honourable Mr. Justice Melnick commented at page 161: "I wish to add the following observation which may be of assistance to Registrars, in the future, in considering whether or not to exercise their discretion to grant applications nnder R. 44(16). Any exercise of a Registrar's discretion under the Rule, particularly if the application is, as in this case, ex parte, should be based on written material in support. That material could be in affidavit form but may be less formal, e.g., a letter from counsel. Where the applicationisbased uponconvenience, thematerialshould set out the position of all parties. If the applicant does not adequately cover that in his or her communication, the Registrar should insist on being advised of the position of the other parties. If this is done in writing, there will be a record to indicate a judge reviewing the decision nnder R. 44(17) the basis upon which the Registrar made that decision."

It is helpful if the proper phrase is stamped on the motion and inquiries should be made at the counter to determine whether the application is under (1) Rule 44(10) or (2) 44(11).

In this case the registrar had allowed an application to be brought on in Cranbrook on the basis of an

Please turn to page 3

BarTalk Vo/.6 No. 7 Nov/Dec 94


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Your Registry Questions Answered (1)

Leave granted to hear this Application on short notice. This Notice of Motion to be delivered by _ _ A.M./P.M.on the _ _ dayof____J 19 JUDGE OR MASTER

(2) Leave granted pursuant to Rule 44(11) to hear this Application on the _ _ day of-:::-=----:----: 19__ Originating Process and Notice of Motion to be served by _ _ A.M./P.M. on the _ _ day of____./ 19_ _ .

)ODGE OR MASTER When short leave is required the application should be made ex parte and in advance of the time proposed for hearing the motion subject to the availability of a judge or master. AppendixC Schedule 1 Item19

Q: What is the procedure to follow in refunding

probate fees assessed in error? (We wish to acknowledg e the assistance of Keith Burton, Deputy Regional Director, in preparing this response.)

A: (1)

An application would be made to the Registrar for the refund of probate fees assessed in error. This application must specify what was paid, what should have been paid, and why a difference occurred. Based on the material provided, the Registrar would approve or disapprove the application;

(2)

The registrar will note his reasons on the application if it is not approved;

(3) If the application was approved, the Registrar would ask the Accounting Clerk to process a refund by a cheque requisition. The process to complete that requisition is set out in Chapter I section 1.09 of the Financial Systems User Manual. This process would be very similar to someone paying for a traffic ticket twice and the Registry needing to do a cheque requisition for the refund of the duplicate payment; (4)

The specific coding to follow, according to Accounts, would be (a) VOTE -left blank (b) RESP- code for that specific office. For the 94/95 fiscal year, it is a 3-letter code eg. GEM

(c) ACCOUNT - 51615 (same for all offices) (d) OBJECT - RK60 (same for all offices) (e) PROJECT -left blank The codes noted in #c and #d relate to the codes found on our monthly court revenue report.

(5)

The requisition plus a photocopy of the application and a copy of the applicable monthly court revenue would be forwarded to Accounts in Victoria.

Bankrnptcy & Insolvency Act

Q: With the amendments to fees payable to the crown in Schedule 1 of Appendix C, are there any changes to the fees charged for matters under the Bankruptcy & Insolvency Act?

A: No. The fees for applications under the Bankruptcy and Insolvency Act are still governed by the tariff set out in that act. The effect of this tariff is that there is either an individual charge for each step or a single fee of $20.00 for a proposal; $10.00 for an assignment under summary administration; and $50.00 for a bankruptcy other than summary administration (note 4(a)(b) and (c)). This tariff is currently under review. Divorce Act Family Relations Act

Q: Do the same principles which govern proceedings under the Divorce Act, specifically with regard to the economic consequences of marriage breakdown, apply to proceedings under the Family Relations Act?

A. Yes. Inarecentdecision,Stewartv. Stewart(l990), 50 R.F.L. (3d) 294, the Honourable Mr. Justice Vickers held that the principles that govern proceedings under the Divorce Act also pertain to proceedings under the Family Relations Act and, specifically, the court should try to effect an equitable sharing of the economic consequences of marriage breakdown and one party should not be burdened with having to compensate the other. AppendixC Schedulel

Q: With the increase to court and registry fees set out in Appendix C, Schedule 1, will the allowed rates for such items as fax charges and photocopies increase in party/party bills?

A: The amendments to Appendix C, Schedule 1 are independent of the allowable rates on a party I party bill. The intention of party I party costs is not to indemnify the successful party, but rather to pay a reasonable portion of their legal costs. The result is that a successful party may claim, eg., photocopy costs paid to the registry at the rate charged by the registry (providing it was for the purposes of the litigation (Bell v. Fantini (1981) 32 B.C.L.R. 322) but may only claim inhouse photocopying at the party I party rate of $.15 per page. It is always open to a party, however, to prove that

the actual cost of producing the photocopy was more than $.15. If you have any interesting or unusual questions or comments about this column, please w1-ite directly to Joanne Power, Manage1; Registrar Programs, Law Courts, 850 Burdett Ave., Vict01-ia V6W 185. Bm路Talk Vol .6 No. 7 Nov/Dec 94


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President's Messa'le

Advising government ''The theory of all legislation is founded in justice; and, if we could be certain that all legislative assemblies on all occasions act according to the principles of justice, there would be no occasion for those checks and guards which we have seen established under the best system .. . it unfortunately happens too frequently that the most tyrannical and unjust measures are the most popular." Duke of Wellington, 1813

We lawyers are in the . unique position to provide expert, practical and non-partisan advice to our law-makers to help them ensure for everyone's benefit that new laws are constitutional and workable. However, in this pursuit we have to be careful not to convey the message, as the great Duke did more than occasionally, that we know better than the common people what is good for them. We have come a long way in developing means to enhance our influence for these purposes, to get our message across on every occasion. In previous BarTalk articles, you've read about our Legislation and Law Reform Committee and our Legislation Officer, Ann McLean. They work to keep us informed of new laws and to facilitate and channel our 路 responses to Government. Our Past President, Parker MacCarthy has prepared a plan for the Attorney General asking for early disclosure to our representatives of proposed legislation, including procedures for secrecy undertakings where appropriate. We also have our Government Relations Committee, also led by Parker, which is organizing contacts for us with MLAs and arranging meetings with Provincial Party Caucuses. To assist in the assembly and presentation of information on issues of concern to us, we now have a public relations consultant, Margot White. With all of these resources, nevertheless, we have to remember that we are not primarily a political organization. We are a diverse lot. We must take care in determining what should represent our common view. Also, we BarTnik Vol.6 No. 7 Nov/Dec 94

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must always try to understand ~ how our issues and values are ~ seen in the limelight of the com- < mon knowledge and values of Eric Rice, Q.C. others, which is what moves govCBA (B.C. Branch) President 1994/95 ernments to action. I asked Maureen Maloney whethWithin the Ministry of the Attorer low public esteem for lawyers ney General alone there are sevadversely affects the influence we eral major divisions (policing, might otherwise have. She said land title offices, courts, correcthat she didn't sense particular tions, criminal and civil justice criticism of the Bar from the pubbranches, policy development, lic or within government, allegislative drafting, and more.) though there seems to be strong There is a budget of over public anxiety over the justice $800,000,000 and total staff of system as a whole. about 8,000 overseen by two DepI also asked Ms . Maloney her uties, Deputy Attorney General impression of CBA submissions Brian Neal, Q.C., and Deputy in the past. She said that personMinister of Justice Maureen ally she is pleased when we deMaloney. The various departliver briefs which are well prements are in many ways interdepared, supported by good evipendentwitheachotherand with dence, and especially where they other Ministries of government, address the positions of other inthe judiciary, and outside forces terested groups. Brian Neal comsuch as other governments, inmented in a similar vein, saying terests groups and the media. that submissions from the CBA Policy and decision making tends are most useful when they apto focus on what they see as the proach the context of the broader strategically important points of public interest, and he suggested consensus amongst various conthat in many instances we could stituencies . help ourselves by liaising with In short, for our purposes, it other affected parties. On the serves us well to see where we fit whole, both Deputies seemed to in. To that end, we decided this believe that we enhance the proyear to organize a series of meetfession's image by furthering and ings between our Executive and emphasizing our non-partisan the Attorney General and his two role on matters of public interest. Deputies. The first one took place The following is an edited sumon November 10, 1994. Aftermary of the points of discussion wards I had the chance to speak at our November 10, 1994 meetwith both of the Deputies and ing. gather their thoughts. Both said that, in the first place, the idea of Early Consultation these meetings is appealing from The AG and both deputies exthe AG's point-of-view-to hear pressed favour in principle with our concerns first hand, to reguParker MacCarthy's plan and larize communications and minagreed to recommend the ideas imize crises, to gather insight in developing priorities, etc. Please turn to page 5


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President's Message

New Richmond Courthouse

(continued from page 4)

Eric Rice and Ms. Maloney related their joint efforts to preserve Criminal Court facilities in Richmond rather than move them to Robson Square. Maloney said that government officials would work on this and Rice undertook to speak with the Mayor of Richmond to enlist his support.

to their department heads. They all remarked on the performance of Ann McLean in getting information on new legislation out to our Section chairs and other representatives, and mobilizing rapid turnarounds of useful responses to Ministries. Law Reform

Gordon Turri££ and Robert Smethurst of the CBA urged funding for the B.C. Law Reform Commission and the Uniform Law Conference of Canada. The AG said that budget restraint had created pressure to discontinue with the Commission, but that he and his staff had resisted it, recognizing its advantages as an independent body of advice. Ms. Maloney stressed the need

for the Commission to attract broad support by addressing topics of current public concern, although she acknowledged the value of work in other less prominent areas such as the Trustee Act.

Court Rules

The AG and his Deputies expressed strong concern about the congestion in the Courts and ~he growing demand for maJor changes to relieve it, and they indica ted that this was beings tudied. Eric Rice and Gordon Turri££ outlined the work of Committees of the Bench and Bar dealing with aspects of the problem. It was agreed that our input and the views of the judiciary were essential to the process of finding solutions. Legal Aid

Emily Reid of the CBA reported that all was not well with the Association of Legal Aid Lawyers and the Legal Services Society. The AG acknowledged this and confirmed his wish to hold a meeting with interested parties within the next few days to ensure that the problem would be resolved.

222 Main Street

Emily Reid and Robert Smethurst discussed the lack of access to library facilities as reported to them. Mr. Neal said that his department is working on the problem. Battered Women's Pro Bo no Program

Michael Brecknell of the CBA described this new initiative of

the CBA. The AG welcomed it but also pointed out that many other similar programs were in operation and that it would probably serve us well to become acquainted with them so as to take advantage of various resources and avoid duplication of effort and conflicts. Mandatory Cri mina l Record Checks

John Waddell ofthe CBA referred to the Branch's recent submission on this which showed that, although the aim was desirable, the proposed legislation could cause a lot of practical problems. The AG acknowledged this and welcomed suggestions . Ms . Maloney pointed to very strong popular demand for such legislation, so much so that it cannot be ignored. []

CBA fights to protect RRSP contributions Don't touch RRSP contributions, argues a submission endorsed by the Canadian Bar Association. Wrongly targeted as a means of deficit reduction, RRSPs should be treated by the government as assets, not liabilities, it argues. The submission, prepared by an Alliance of professional associations, was presented to the House of Commons Standing Committee on Finance on Nov. 17, 1994. The present pension system is designed to ensure equitable treatmentbetweenself-employed workers and those receiving employer-sponsored pensions. It is false to assume that RRSP contribution limits can be lowered because Canadians are already saving sufficient income for their retirement. In fact, self-employed Canadians who contribute to the maximum RRSP amount each year can only earn a pension equal to between 37 and 48 per cent of their final year's income - far below the 60 to 70 percent amount considered by the federal government as sufficient for maintaining their standard of living while retired . The brief notes that in the U.S., pension contribu-

tion limits are more than twice those in Canada. RRSP .contributions are beneficial to Canadians and good for the economy, says the Alliance. Small and medium-sized businesses provide the bulk of job creation. The savings placed in RRSPs increase the pool of investmentcapitalavailable to these businesses, the group argues. The group notes that pension reform is complex and that all parts of the retirement savings structureshould be considered together. Singling out RRSPs for detrimental treatment in order to help reduce the deficit violates the principle of fairness. The Alliance also argues that the government's figures on the true costs of pensions are inflated and inaccurate and should be re-examined before changes are considered to the Income Tax Act. The Alliance for the Preservation of Retirement Savings is comprised of representatives from the medical, legal, financial and business sectors. Copies of the submission are available from the CBA National office. [] BarTalk Vo/.6 No. 7 Nov/Dec 94


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New CBA initiative aimed at increasing public awareness of benefits of working with a lawyer A CBA staff member was recently advised by the receptionist at a Vancouver law firm that she would be far better off to take her legal matter to a notary because the firm "just charged too much" for the basic service that was being requested. While this kind of advice is likely not a standard response, it does highlight the need for the new promotional program that has been developed by the CBA Notaries Committee. The program is aimed at reinforcing the legal profession's competitive position in the marketplace. "We think it's important that the public be aware of the training, breadth of knowledge and expertise they are getting when they choose to consult a lawyer for their personal or business needs," says Notaries Committee Chair Jeff Scouten. The How a Lawyer Can Help You program kicks off this month with the introduction of two items that are included as inserts in this issue of BarTalk. The first item is a colour brochure that promotes the benefits of working with a lawyer, including the fact that lawyers are fully trained and authorized to provide legal advice on all facets of law. The brochure is designed for lawyers to distribute to potential clients and referral sources in their own communities. It includes space for a business card or firm stamp. Additional copies are available to CBA members at cost. The second item is an Information Circular that has been produced specifically for CBA members and their support staff. The Circular also highlights the current initiatives of the Notaries Committee. It also includes marketing ideas, advice on how to report unauthorized practice by non-lawyers BarTnik Vo/.6 No. 7 Nov/Dec 94

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CBA (B.C. Branch) Notm路ies Committeechair]ef!Scouten (left) meets with Committee members (left to right), Catherine Greenall, Susan Fraser and John Cherrington to review materials prior to the launch of the "How a Lawyer Can Help You" program.

and provides background information to clarify the history and jurisdiction of notaries public in B.C.

tions, issues management and the ongoing development of marketing tools and information for our members."

A complementary new Dial-ALaw script, also titled "How a Lawyer Can Help You," has been developed and will be added to the system. Both Dial-A-Law and the CBA's Lawyer Referral service are promoted in the new brochure, including the fact that both services are available toll-free to callers from outside the Lower Mainland.

The Notaries Committee also wants to ensure that it maintains a local perspective on marketing concerns and issues. To that end it has established a network of 12lawyers in centres across the province. Network members have agreed to act as local contact persons on matters relating to unauthorized or substandard practice by non-lawyer providers of legal services . Members are identified in the Information Circular.

"We see this program as an important first step to provide the legal profession and general public with information that will increase awareness about the benefits of working with a lawyer," says Notaries Committee Chair Jeff Scouten. "Our comprehensive communications strategy, approved by the Executive Committee in June, recommends a multi-faceted approach over the next year and a half. During that time we will be involved in marketing research, media rela-

The promotional program and communications strategy were created in response to member requests for a more proactive approach to address the interests of the public and the Bar in the delivery of services by nonlawyer providers of legal services. Watch BarTalk for further updates and progress reports in this area. CJ


have been addressed in the current draft. Final drafting of the regulations is proceeding and proclamation of Bill 26 and the regulations will likely take place in 1995.

Shelley Bentley

Drafter of Bill26 - Waste ManagementAmendment Act provides background Mr. Waldemar Braul, a lawyer with a master's degree in resource planning and a background in city planning was approached by the Ministry of Environment in 1991 to prepare a discussion paper regarding waste management reform and thereafter to participate in the drafting of Bill26, The Waste Management Amendment Act. As the guest speaker at a recent meeting of the General Practitioners' (Lower Mainland) Section, he was able to provide some helpful insight into the background of this new legislation. Braul advised that Bill 26, which is not yet in force, is a 40 page framework for dealing with the issue of contaminated sites in B.C. The Bill received Royal Assent in 1993 and in late 1993 the first draft of the proposed regulations was released for public debate. For the next twelve months the Ministry of the Environment met with interest groups affected by the proposed legislation. In September, 1994, the second draft of the proposed regulations was released for public debate. Many of the concerns regarding the first draft of the regulations

With respect to the content of Bill 26 Braul commented that the legislation in many respects codifies and clarifies current practice which varies from municipality to municipality. Much of the impetus for current practice has come from lenders and developers. Prior to Bill 26 there was no legal definition of what specifically constituted "contamination". The new legislation sets protocols for various types of pollutants. Essentially, the regulation will specify what level of contamination is acceptable in order for a "certificate of compliance" to be issued by the Ministry. Conditional certificates of compliance can be obtained even though contaminants are left on site where a developer provides a remediation plan that is acceptable to the regulators. The purpose of the "approval in principle" is to enable developers to approach municipalities and thereafter lenders without bringing in the backhoes and remediating the site. Section 22 of The Waste Management Act currently in force is the only section that deals with the issue of liability. Liability is joint and several, absolute and retroactive. These principles are maintained in Bill 26, however, the Bill and regulations clarify the circumstances in which liability will or will not accrue. The Bill and regulations also specify between 20 and 30 liability exemptions. Included in the exemptions are innocent purchasers, lenders, receivers, trustees, sureties, victims of overnight spills, and a variety of transporters. It is likely that

most litigation involving liability will involve determining whether or not a person falls within one of the available exemptions. Another way a person can reduce liability is to be designated a "minor contributor". The effect of minor contributor status is to protect a person from third party actions and the requirement to pay for future remediation. A panel of three experts may render the opinion as to whether minor contributor status should be granted. Voluntary remediation agreements will likely influence liability considerations. Much of the concern with the first draft of the regulations pertained to site profiles and when they will be required. Site profiles will serve as a "front-end screening device" and will be required when a "triggering event" occurs. If a developer knows a site has been used for industrial or commercial purposes, the developer will be required to obtain a site profile prior to applying for subdivision or rezoning approval. If a vendor discloses that a site has been used for industrial or commercial purposes the vendor will be required to provide a site profile to a prospective purchaser. It is proposed that the screening process contemplated by the Bill will add consistency to current practice and that the nature of the site profiles required will set a "minimum" standard in the industry. Site profiles will be registered in a site registry currently being established . The site registry will be accessible in a manner similar to current access to the Land Title Office, thus changing the nature and scope of a solicitor's due diligence practice. BarTalk Vo/.6 No. 7 Nov/Dec 94


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Section Talk (continued) Changes to the Residential Tenancy Act Ann Pride, Acting Director, Consumer Policy and Legislation Branch, Ministry of Housing, Recreational and Consumer Services, canvassed the significant provisions of the recently enacted Residential Tenancy Amendment Act, 1993 during a Victoria Real Property Section meeting. Pride commented that the changes in the residential tenancy area came about as a result of input from "stakeholders" in the lower mainland, particularly tenants' rights groups. There are four key areas of change: first, a standard tenancy agreement will be drafted and imposed on all residential tenancies; second, changes in the way landlords deal with security deposits will place a greater onus on the landlord to account or return the deposit; third, there is a new mechanism to resolve disputes involving manufactured homes on rented pads; and fourth, the area of dispute resolution is changing. The new tenancy agreement, which will be produced by regulation, will distinguish only two classes of tenants; those with manufactured homes on rental pads and all others. It will not be possible to contract out of the new legislated agreement. All other agreements will be void. Pride noted that it was the perception of "stakeholders" that security deposits are generally kept by landlords whether there is damage or not. So the landlord will now be required to return the deposit on or before the fifteenth day after the end of the agreement, except an amount the tenant agrees in writing to allow the landlord to keep as payment for unpaid rent or damages. The tenant's agreement must be obtained unless an arbitrator has ordered BarTalk Vol.6 No. 7 Nov/Dec 94

the tenant to pay money to the landlord, or unless the landlord has applied for arbitration before the fifteenth day after the end of the agreement. Manufactured home rental pad disputes will be handled a little differently. It will be imperative to mediate rent increase disputes before using arbitration. For many, a manufactured home rental site is more of a community than a normal rented apartment. A permit will be required for eviction. There are currently about 16,000 arbitrations a year in B.C. The 1991 Ombudsman's Report (No. 27) on Residential Tenancies called for more consistency in procedure in arbitrations. The Registrar of the Residential Tenancy Branch can now establish rules of procedure. While previously the only avenue of review was judicial review or the Ombudsman, there will be a review procedure whereby an Arbitration Review Panel can review decisions and orders of arbitrators, soon to be proclaimed. Watch ouHor very short limitation periods. Arbitrators will be able to hear questions of specific property ownership and will not be limited solely to monetary awards.

Members voice concerns over decline in courtesy and professionalism General Practitioners' Section members held a reflective discussion on what many saw as a decline over the years of common courtesy or professionalism between members of the Bar. Some members argued that in the "good old days" (probably ten or fifteen years ago or longer) a lawyer's word was his or her bond. You didn't need to put everything in writing. However, there has been a trend recently that as soon as you have a conver-

sation with another member on the phone that each side immediately dictates a letter and faxes it to each other confirming what was said in the telephone conversation. Another complaint made was tl1at often parts of your conversation end up being set out in an affidavit by opposing counsel on a contentious application. The result is that it makes it difficult for lawyers to speak freely amongst themselves. It was felt that increasingly members do not give a timely response to correspondence. This makes it difficult to conclude matters in a reasonable time. Some Section members felt that making a complaint to the Law Society about a lack of response was a poor solution not only because of the further and often great delay but also because of the likelihood of making matters more litigious.

Lawyers become more guarded in their conversations and as a result matters become more protracted, more expensive and complex than necessary. This does not serve a client's interest. Should the Law Society set standards to avoid this type of behavior? Should there be enforced standards of courtesy? The problem has been a long term trend which will be difficult to reverse without long term plans. Various members offered opinions about why this trend has occurred. Some felt that part of the problem may be the result of the huge increase in the number of lawyers over the last twentyfive years. The Bar used to be much smaller which allowed closer contact between members and a chance for members to get to know each other on a more personal basis. Previously for minor complaints the Benchers in the local area were personally contacted and were often able to deal with the complaint by contacting the offending member. Please tum to page 10


The best things in life are free but you can give them to the birds and bees... Money don't get everything it's true but what it don't get I can't use I need money (That's what I want) That's what I want.

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Writtet1 by Berry Gordy at1d Jamie Bradford, recorded by the Beatles.

Another 12 hour day is over, and you have just finished writing the rent cheque, your staff salary cheques, the Revenue Canada and CST remittance cheques, and cheques for all the other office payables. Your office calculator displays the remaining balance in your general account from which you can take your draw. You sigh and ask yourself, wasn't this the month you were going to take your bonus? Most of us are now approaching the fiscal year. This is a perfect time for contemplation of the year ending, and for planning the year to come.

billings. This is a good time to take a long hard look at our practices, and critically examine which aspect of our practice is the least profitable. Ask ourselves, why are we taking on these files if they contribute so little to the bottom line? Moreover, if I stopped doing these files, would this not free up time to pursue more profitable files?

Time planning involves recognizing that, as a general rule, 20% of our time generates 80% of our billings. The corollary of this is that the other 80% of our time will be spent on files that produce only about 20% of our

Determine how your variable expenses rise with increases in your billings, and take this into account when considering your (increased) level of billings.

A sampling of issues to consider in planning our upcoming year are as follows: •

There are two major aspects to consider in planning our upcoming year. The first is planning resources, the second is planning time. Resource planning involves explicitly stating what our revenue and expense goals will be for the year to come. A budget is an accurate statement, broken down month by month, of the expected cash demands, and the net cash (not billings) inflows required to meet those demands. In this manner, we can forecast what our billings must be in one month to generate the cash flows necessary to meet the known cash demands the next month.

David ]. Bilinsla; Chair, B.C. Branch Law Practice Management Section

Start by determining what you wish your draws to be in the year to come. Then add on your total forecast expenses, including bad debts, and this will determine what your total billings must be for the year. Divide this by billable hours you would like to work, and this will determine your hourly rate. Adjust as many times as necessary until you are satisfied with your draw, your hourly rate and your · billable hours. Consider how much time you spend in the office to produce one billable hour, and this will tell you how many hours you must work in total. Consider that certain expenses will be constant in every month, such as rent, photocopier rental, base salaries and the like (fixed expenses), while other expenses will vary as the business cycle varies, such as couriers, overtime and office supplies (variable expenses).

In forecasting cash flows, recallthatotherexpensesare payable only in certain months (periodic expenses), but extend over the year period, such as law society and insurance remittances, lie brary subscriptions and membership dues.

Expenses may also be extraordinary. Equipment may be required to be purchased, such as computers, but the timing is either flexible (such as upgrading) or dire (as whenasystemcrashes). Consider either setting aside in a separate account, a fixed amount montl1ly to cover these expenses, or establish a line of credit to cover unexpected purchases, and include the cost of this money in the budget.

Set aside funds and time for marketing the practice (to draw in those more profitable files) and for continuing legal education (to keep your Please turn to page 10 BarTalk Vo/.6 No. 7 Nov/Dec 94


10

Section Talk

UBC articling handbook in final stages of preparation

(continued from page B)

Matters were often resolved without a formal complaint being filed. This does not seem to be the common practice today. Should there be more Benchers available for this type of resolution? Other members felt that aggressive advertising may have had a negative effect. Advertising has become a way of business and the result is that practicing law has become more of a business than a profession. []

PracticeTalk (continued from page 9)

edge in your more profitable practice areas). • Ifyoudoprobonowork,build the time and cost into the budget. • Build in your holidays in your budget, and consider the effect on cash flows relative to forecast expenses in the month following. • Establish monthly billing targets, taking into account monthly cash demands, and check your performance against your target weekly. You can use a spreadsheet program to maintain your budget and billing targets, which will allow you to get up to the moment feedback on your achievements. • Keep count of your billable hours. Again to see if you are on target and on budget. • Don't focus exclusively on cutting expenses; put your energy into increasing revenues. • Resolve to make good use of your time by staying away from low profit areas. Use resource and time planning to increase your effectiveness and efficiency. By planning your year, you have taken a big step in taking control of your practice, rather than having your practice control you. Use your experience and knowledge to you and your client's advantage. [] BarTalk Vo/.6 No . 7 Nov/Dec 94

Once again, the UBC Articling Committee is preparing its articling handbook which will be available to law students across Canada. A questionnaire was distributed to all lawyers in B.C. in a November CLE mailing. Your cooperation in completing the questionnaire will assist in preparing the handbook. Since the questionnaires are themselves kept on file for reference by students, any additional details which you might wish to include would be most welcome, either by noting them on the back of the questionnaire or by attaching a separate sheet. For example, you may wish to provide the details concerning your firm's policy with respect to sexual harassment and I or

maternity leave. We would also appreciate receiving 1WO ONLY copies of your student brochure and/ or firm brochure, which the Committee will make available to students. To ensure that the handbook is prepared early enough to give students sufficient time to research firms and prepare their resumes, we request that the questionnaire be returned by December 16, 1994. The articling handbook is available to firms for $30. If your firm wishes to purchase one or more handbooks, submit your cheque payable to the Articling Committee, UBC, and the handbook(s) will be forwarded as soon as possible. If you have any questions, please contact Jennifer Johnstone or Anita Olson at 822-5257. []

Members work on behalf ofCBA

St. Clair named vice-chair of Expropriation Board

The B.C. Branch Executive has approved forming the following committees:

Fiona M. St. Clair. has been named as vice-chair of the Expropriation Compensation Board of a term of five years. St. Clair has acted as a civil litigator and as a solicitor in the Legal Services Branch of the Ministry of the Attorney General following a number of years in private practice in Victoria. As the new vice-chair, St. Clair replaces Robert Shorthouse who was recently appointed chair of the board. [J

Pro Bono Legal Advice to Battered Women

This special Committee will be chaired by Randy Levine of Cranbrook. Mandatory Criminal Record Checks

Greg DelBigio is chairing this special committee with other committee members including Ian Donaldson, Penny Washington, Shane Vickers, Carol Solyom and Dr. T.F. Handley. Employment Standards Review Committee

B.C. Branch members Alison Narod, Tim Louis, Norman Trerise, Joyce Mitchell and Don Bobbert are actively reviewing the effect this matter has on our members. []

Volunteers needed The Crohn's and Colitis Foundation in B.C. has established a Senior Advisory Committee to help provide direction concerning fund raising for medical research and creating awareness of the foundation. The Foundation is seeking volunteers to serve on this Committee. Contact Elma Stewart, B.C. Regional Director at 877-1007 for information. []


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 the Act and which is the proper citation for the Act. The Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

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ACTS IN FORCE Attornetj General Statutes Amendment Act, 1994, S.B.C. 1994, c.26, (Bill 49), amends the Sheriff Act, R.S.B.C. 1979, c.386, allowing sheriffs to obtain information from the Superintendent of Motor Vehicles necessary to perform their duties. sectio1116 of the Actin force Octobu 6, 1994

Heritage Consen;ation Statutes Amendment Act, 1994, S.B.C. 1994, c.43, (Bill 21), amends the Assessment Act, R.S.B.C. 1979, c.21, British Columbia Buildings Corporation Act, R.S.B.C. 1979, c.35, Capital Commission Act, R.S.B.C. 1979, c.42, Coal Act, R.S.B.C. 1979, c.51, College and Institute Act, R.S.B.C. 1979, c.53, Forest Act, R.S.B.C. 1979, c.140, Heritage Conseroation Act, R.S.B.C. 1979, c.165, Hospital Act, R.S.B.C. 1979, c.176, Institute of Technology Act, R.S.B.C. 1979, c.199, Islands Trust Act, S.B.C. 1989, c.68, Land Act, R.S.B.C. 1979, c.214, Land Title Act, R.S.B.C. 1979, c.219, Local Seroices Act, R.S.B.C. 1979, c.247, Mineral Tenure Act, S.B.C.1988, c.S, Mines Act, S.B.C. 1989, c.56, Municipal Act, R.S.B.C. 1979, c.290, Municipal Aid Act, R.S.B.C. 1979, c.291, Park Act, R.S.B.C. 1979, c.309, Taxation (Rural Area) Act, R.S.B.C. 1979, c.400, University Act, R.S.B.C. 1979, c.419, University Endowment Land Act, R.S.B.C. 1979, c.420, and Vancouver Charter, S.B.C. 1953, c.SS, increasing the powers of local governments to protect heritage resources, providing new procedural rights to property owners, increasing penalties for failure to protect heritage resources and providing for agreements between the province and first nations for the protection of aboriginal heritage property. Act; except the part of section16 etmcting s.5(3) tmd (4) of the Heritage Conservation Act, and sectiou39 in force October 14, 1994

Consumer Protection Statutes Amendment Act, 1993, S.B.C. 1993, c.39, amends the Motor Dealer Act, R.S.B.C. 1979, c.287, allowing the Lieutenant Governor in Council to make regulations relating

Ann McL ean

to motor vehicle leases and to make different regulations for different circumstances, to delegate a matter to a person and to confer a discretion on a person. that part of section 20 that e11acts s.27(2)(b)- (d) and (3) of the Motor Dealer Actin force October 28,1994

Miscellaneous Statutes Amendment Act (No. 2), 1988, S.B.C. 1988, c.46, amends the Pacific National Exhibition Incorporation Act, S.B.C. 1973, c.66, providing that the order appointing a director to the board may specify the termination date of the appointment of that director. section 43(c) of the Act in force November 3, 1994

Freedom of Information and Protection of Privacy Amendment Act, 1993, S.B.C. 1993, c.46, amends the Freedom of Information and Protection of Privacy Act, S.B.C. 1992, c.61, extending the information and privacy provisions of the Act to cover municipalities and other similar local public bodies including school boards, police boards, hospitals, colleges and universities. sections I (b), 4, 21, 22(d), 25, 26 and 28(a) and (c); that part of s.28(b) that enacts pamgmph (c) of the definition of "head "; that part of s.28(j) that enacts the definitions of "local goven11nent body" and "local public body" and that part oj s.28(g) that enacts paragraph (c) of th e definition of 'public body" in for路ce November 3, 1994

Securities Amendment Act, 1992, S.B.C. 1992, c.52, amends the Securities Act, S.B.C. 1985, c.83, as to (a) s.32, providing that an information statement must be delivered to a purchaser and filed in the case of exemptions under s.32(g), (b) s.33 and 147, permitting exemptions from any of the requirements of Part 4 of the Act or related regulations, extending the exemption to a trade in exchange contracts and repealing s.33(2) to remove the "non-trading" employee exemption, (c) s.59, allowing for an exemption from the requirements of Part 7 of the Act, rather than just s.42 of the Act, (d) s .60, enumerating the matters which the Bm路Talk Vol.6 No. 7 Nov/Dec 94


12

Legislative Update (continued) superintendent may certify, and (e) s .146, allowing cease trade orders to be continued until records are filed as required. sectious S(a), 6, 10, 11,25 aud 26(a) oftheActiu force Navember 17, 1994

Residential Tenancy Amendment Act, 1993, S.B.C. 1993, c. 68 amends the Residential Tenancy Act, S.B.C. 1984, c.15, authorizing an arbitrator to hear an application to enforce an agreement reached through mediation, providing for arbitration of a dispute over a rent increase for a manufactured horne pad and adding Part 4.1, providing for the establishment of local manufactured horne park committees to make rules for the park and mediate disputes and setting out duties which may be undertaken by the Manufactured Horne Park Dispute Resolution Committee in recommending guidelines for standard park rules and resolving disputes relating to manufactured horne parks. sectiou 4(a), except that part that refers, iu s.13(1)(a) of the Resideutial Teuaucy Act, to "48.2", sectiou4(c) aud that part of sectiou 22 that euacts ss.45. 70, 45.71 aud 45.73 to 45.82 of the Resideutial TellatiCIJ Acti11 force December1, 1994 (the part of sectio1122 which e11acts s.45.72 of the Resideutial Te11a11cy Act came i11to force February 25, 1994)

Expert Evidence Rules The rules governing expert evidence in judicial, quasi-judicial and administrative hearings prior to August 30, 1993, were set out in sections 10 and 11 of the Evidence Act. These provide that expert reports must be delivered at least 30 days before the expert testifies. However, by the Justice Reform Statutes Amendment Act, 1989, S.B.C. 1989, c.30, the Evidence Act was amended effective

August 30, 1993, so that its provisions now apply only to quasijudicial and administrative hearings and not to proceedings in the Court of Appeal, the Supreme Court or the Provincial Court. At the same time, Rule 40A of the Rules of Court governing expert evidence carne into force. This rule provides that expert reports must be delivered at least 60 days before the expert testifies. It also expands and changes the provisions on expert evidence contained in sections 10 and 11 of the Evidence Act.

Some legal commentators have suggested that sections 10 and 11 of the Evidence Act have been reBarTalk Vo/.6 No. 7 Nov/Dec 94

REGULATIONS TO NOTE Motor Dealer Act, B.C. Reg. 391/94, the Motor Dealer Leasing Regulation is made, requiring that consumer motor vehicle leases be written in plain language and contain detailed specified information on costs, credits, interest rates, administration costs, liabilities and conditions associated with the lease, providing for a 24 hour cooling off period and limiting a consumer's end-of-lease liability to a maximum of 3 average months lease payments in cases where the actual fair market value of the vehicle at the end of the lease is less than the residual value assigned to it when the lease was signed . sectio11s 1, 2(1) a11d 3 effective October 28, 1994; sectio11s 2(2), 4 a11d 5 effective December 31, 1994

Residential Tenancy Act, B.C. Reg. 26/81, the Residential Tenancy Regulation is amended, adding Part 6, "Manufactured Horne Parks", providing for the establishment and functioning of a local park committee.

pealed and replaced by Rule 40A, however this is not the case. The expert evidence provisions of the Evidence Act still apply to those proceedings not governed by the Rules of Court, such as administrative board hearings and other quasi-judicial and administrative hearings .

Law Reform Commission welcomes suggestions The Law Reform Commission was created by the British Columbia government about 25 years ago, following on a recommendation made by the CBA. Since that time, the Commission has performed an important role. Acting independently from government, the Commission provides an ongoing review of all British Columbia laws -statutory, common law and judicial. The Commission makes recommendations to the Attorney General designed to simplify and modernize those laws. The governrnenthas implemented a substantial number of the Commission's recommendations over the years.

B.C. Reg. 406/94 effective December 1, 1994

The CBA maintains an active interest in the Commission's projects. The Branch's sections and special committees review and comment on many of the Commission's consultation papers. The Bar also suggests suitable projects for consideration by the Commission. The Commission welcomes suggestions for law reform from all members of tl1e profession. The current active projects of the Commission include:

• • • •

• • •• •

Personal Property Security Act

and Land Related Interests. Conflicts of Interest: Directors and Societies. Recreational Injuries: Liability and Waivers in Commercial Leisure Activities. Conflicting Property Rights: balancing the rights and responsibilities of adjoining landowners to allow for reasonable use of property. Liability for Injury and Damage Caused by Animals. Legal Consequences of a Land Title Office Shutdown. Standby Guardians. New Home Warranties. Trustee Act: modernization .


13

CBA National Executive decisions at a glance At the Sept. 17 and 18th National CBA Executive meeting, the priority agenda item was membership: how the CBA can do more for present members and how it can attract new ones. Equality

The Executive re-affirmed the CBA's commitment to gender equality, discussed the report of the Advisory Committee on Racial Equality in the Legal Profession and approved the terms of reference of the working group. Executive members were determined to make any CBA work on racial equality both positive and inclusive. The emphasis must be on remedies and the CBA should do all it can to act in concert with all stakeholders in the legal community: the private bar, judges, national and branch organizations, law societies, government lawyers, in-house counsel and all other interested groups. Funding is being sought for this project.

The big loser will be the private bar which is perceived by too many over-burdened taxpayers as charging too much to accomplish too little. This flies in the face of the perception that privatization can deliver services more cost effectively than governments. It was agreed that the CBA will have to work hard to get the facts before the public and to pressure politicians to make funding and delivery decisions on verifiable, empirical evidence rather than on gut reaction or to appease the uninformed. Systems of Justice

Tom Heintzman reported on fund raising for the CBA Task Force on Systems ofJustice. The goal is to ensure that before the CBA commits itself to this project, sufficient outside funding must be in place. The President's status report was encouraging. He expects to have funds in place within a month.

Unified Cou1ts

Fee Sharing

Cost-conscious lawyers generally are looking for ways to streamline judicial processes and, hopefully, save money. New Brunswick has taken the lead and announced its intention to unify its criminal court system. The CBA is not opposed in principle but has specific concerns, most notably with the fate of the preliminary inquiry within a unified criminal court system. Tom Heintzman undertook to take CBA objections to Justice Minister Allan Rock in light of the Minister's promise to consult with the CBA before taking final action on unified courts.

A resolution put forward at the Council meeting in August called 路 for review of the present membership fee split between the National and Branches. The goal of the resolution's movers was to see this matter debated at the 1995 Mid-Winter meeting. An ad hoc committee has been struck to collect back ground information and hopefully report by the 1995 Mid-Winter. Jurisdictional overlap, duplication, priority setting and overall focus are being examined by this committee.

Legal Aid

Submissions in the Criminal Justice area have kept our Legal and Governmental Affairs department hopping with four briefs scheduled for the fall months. Two other submissions-one on lobbyists and the other on the five year review of the Environmental Protection Act are also on the agenda.

Robert Holden, Director of Ontario's Legal Aid Plan, provided the Executive with a detailed report on the status of legal aid across the country. Low interest rates, rising costs and high profile cases have taken their collective toll. Politicians are looking for ways to deliver legal aid services for less.

Legislative, International and CLE Activities

The CBA' s international projects are proceeding on many fronts.

Negotiations with the federal departrnentofForeign Affairs are under way for the continuation of the Eastern Europe Program and with CIDA for the Cooperative Agreement Implementation Project with the All China Lawyers Association. The CBA also plans to work with CIDA on a variety of development projects, for example, a legislative drafting project in Vietnam with the University of Victoria as the executing agent. Mid- Winter路 and Annual Meetings

There was considerable discussion on how to improve these showcase events and attract more members. Location, (particularly of mid-winter meetings), and the focus of both meetings were discussed. A survey of Council members is being undertaken. Bilingualism

The draft bilingualism policy has now been submitted to the Branch and National offices for review before returning to the Executive in November. Corporate Counsel

CCCA Chair Gregory Gee and Executive Director Robert Jones made a presentation on CCCA activities and priorities. This growing CBA conference wants to offer more member services but is constrained within its current budget. The Executive agreed to examine funding priorities and to report back to CCCA .

Land surveyors 路路 leading the way CBA members are invited to attend the Professional and Technical Exhibit Fair at the 90th Annual General Meeting of the Corporation of B.C. Land Surveyors on Jan. 18 and 19, 1995 at the Hotel Vancouver. For further information, contact Dave Liddle (5725421) or Mike Thompson (873-7329). [] BarTnik Vo/.6 No. 7 Nov/Dec 94


14

About the 1994 recipients of the CBA Distinguished Service Award tion (B.C. Branch) and was the first woman in Canada to serve as president of a provincial branch of the CBA. Following her presidency, she was a member of the CBA Planning Committee in 1981-83. From 1983 to 1985, she was a member of the national CBA Executive Committee. From 1988 to 1994, she served as a trustee for the CBA Law for the Future Fund. Her commitment to the CBA continues to this day as she is presently a director of the Canadian Bar Insurance Association.

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Marlene Scott, Q.C. Marlene Scott, Q.C., is a senior partner at McQuarrie Hunter in New Westminster, a finn she has practiced with since her call to the Bar in 1960. She has given tirelessly of her time to the legal profession throughout her career. From .1978 to 1981, she was a member of the executive of the Canadian Bar Associa-

From 1989 to 1992, Marlene Scott was a director of the Public Legal Education Society of B.C. as well as a director of the Legal Information Systems and Technologies Foundation. In 1992, she also served as a member of the Competency Conunittee of the Law Society of B.C. Marlene Scott has also been active in the New Westminster Bar Association, serving as its president in 1977-78. In 1981-82, Marlene Scott chaired theW ills and Trusts Section of the CBA and continues to be active in the Section as well ernmen tand government bodies including the Public Utilities Conunission and the Province of British Columbia in connection with the Inland Natural Gas Rates in 1958 and 1959 and the Province of B.C. in the Commission on Expropriation in 1959. He also acted as Commissioner and Arbitrator in many important matters including: Special Commissioner for the Federal and Provincial Inquiry into the Fishing Industry Dispute in 1954.

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" The Hon. Nathan Nemetz Nathan Nemetz is a most distinguished and respected member of the British Columbia bar. He has practised in Vancouver since his call in 1937 until his recent judicial appointment in 1963 and since his return to private practice as counsel at Russell and DuMoulin in 1990. While practising, he has ably represented parties before the courts at all levels. He was Special Counsel to various govBm路Talk Vo/.6 No. 7 Nov/Dec 94

With his appointment to the bench in 1963, he continued in other very demanding extra-judicial activities, acting as Royal Commissioner appointed to investigate election irregularities in B.C. in 1965; Industrial Inquiry Commissioner into the Forest Industry Dispute in 1966-70; Arbitrator - B.C. Hydro-mEW Dispute in 1971; and, as Special Mediator - West Coast Ports Dispute in 1972. While on the bench he served as a dis tinguished trial and appellate court judge and ably administered the Supreme Court as ChiefJustice, and the Court of Appeal, as the Chief Justice of British Columbia. In addition to these duties, he was also active as an Executive member and Vice-Chairman of the Canadian

as being a member of the Estate Planning Council. She frequently volunteers her time to lecture on estate topics and is a frequent contributor to Continuing Legal Education seminars. From 1979 to 1984 she worked endless hours as a co-author of the Probate Practice Manual. In 1991, she served on the Editorial Advisory Board which oversaw the updating of this valuable CLE publication. She is currently a member of the Executive Board of the UBC Law School Alumni Association. Her service extends beyond the legal profession to tl1e community at large. From 1984-90, she was a member of the Board of Management of St. Andrews Hall at UBC; she acted as Honorary Solicitor for the Vancouver School of Theology from 1989 to 1992; from 1987 to 1993, she served as director of the Memorial Library Foundation of West Vancouver; and, since 1992, has been a member of the Board of Directors of the Pacific Health Care Society serving the Queen's Park Hospital and the Fellburn Hos pita!. IJ

Judicial Council. Throughout his career, Nathan Nemetz has continued to devote himself toed ucational matters including most notably his activities as a member of the Alumni Association of UBC, including election as President in 1956, as a member of Senate and of the Board of GovernorsofUBCculminating in his appointment as Chancellor 1972 to 1975 and Chancellor Emeritus in 1975. His contributions to legal education in B.C. were recognized in the creation at UBC of the Nathan T. Nemetz Chair in Legal History and Alternate Dispute Resolution in 1988 and his appointment as tl1e Walter S. Owen Professor at the UBC Law School in 1989. Nathan Nemetz; has written numerous legal articles. Included among them are such topical issues as the Role of the Media and Alternate Dispute Resolution. Since his retirement from the bench, Nafuan Nemetz continues to be active in legal matters. Recent notable appointments include acting as Chair of an Arbitration in the Coal Pricing Dispute between Quintette Coal and Japanese coal producers, the Commission oflnquiry involving B.C. Ferries in 1992 and the EBCO Industries Arbitration 1992-93. IJ


15

Homophobia revealed in personal experiences at recent meeting On November 2, more than 60 members of the Lesbian and Gay Rights Section met with representatives of the CBA (B.C. Branch) Gender Equality Committee and the Law Society of B.C. Gender Equality Monitoring Committee. Each of these members spoke to the question of what it is like to practise law for lesbian, gay or bisexual lawyers. Unlike race and gender, sexual orientation is not a readily observable physical trait. This factor, combined with social pressures on lesbian and gay men to hide their sexual orientation (to stay "in the closet"), contributes to the creation of an invisible minority. As a result of this invisibility, many people and employers remain both unaware of the significant contributions lesbians and gay men make and insensitive to the discrimination and homophobia they face because of their sexual orientation. The recurring theme raised by members at this meeting was "invisibility." Because many heterosexual lawyers simply assume others are heterosexual, they may unwittingly make inappropriate or insensitive comments. Such comments are often hurtful or offensive to gay or lesbian lawyers who are required to endure silently or to reveal their sexual orientation. Unfortunately, because of the homophobia in our profession, many opt to suffer in silence. Many others are required to "come out" over and over and are uncertain how their colleagues will react. Dennis Dahl described the stress he experienced practising in a small firm in the Fraser Valley. Sandy Wilkinson told the meeting that her experience of being beaten up outside a gay bar had solidified her resolve to go to law school. In particular, this invisibility

was brought horne by members who discussed the conflict presented when they entered the legal profession. Prior to entering law school they had been comfortable and open with their sexual orientation. As they approached the legal job market, however, they learned that to be a successful employment applicant, they too would have to become invisible. According to Interlock, the legal profession is the most homophobic profession with which they have ever dealt. "It was a valuable exchange and the question of invisibility certainly came home. It was instructive for many CBA Committee members to realize for the first time how many lawyers with whom we have dealt with over the years are gay or lesbian and to hear of the many difficulties they have encountered," said Judith Milliken, cochair of the B.C. Branch Gender Equality Committee.

With inclusion of sexual orientation in the Law Society's Code of Professional Conduct and the

Gender Equality resolutions adopted by the CBA, the issue becomes more than just acknowledging that lesbians and gay men are members of the legal profession. Law firms should examine their gender equality policies with a view to ensuring they extend to protect lesbians and gay men. barbara findlay, Secretary of the Lesbian and Gay Rights Section and a member of both the Law Society and CBA (B.C. Branch) Gender Equality Committees, said that both committees will be asked to adopt a policy of including lesbians and gay men when they are considering gender issues. "Changes in the CBA are reflective of changes in the legal climate affecting lesbians, bisexual people and gay men," added findlay. "The law as it affects lesbians and gay men is changing daily. The profession needs to pay attention to developments in this area." [] See boxed article below for a video resource.

Video resource available to help lawyers understand issues of discrimination on the basis of sexual orientation To assist law firms understand both the conscious and unconscious discrimination lesbians and gay men encounter within the legal profession, the CBA (B.C. Branch) Gender Equality Committee is making available on loan a videotape produced by the National Educational Foundation for Individual Rights entitled Inside/Out: A Portrait of Lesbian and Gay Lawyers.

The video is not a "how-to" guide for eliminating discrimination based on sexual orientation within the legal workplace.

Rather, it is recommended for use in groups settings such as office retreats, staff luncheons, or partner meetings. A detailed handbook to assist in presenting the videotape is also included. Members of the Lesbian and Gay Rights Section are also available to attend such meetings to facilitate discussion of issues of sexual orientation in the legal profession. To make arrangements to borrow the video Inside/Out, contact Fiona Watson at the B.C. Branch office (687-3404). [] BmTalk Vo/.6 No. 7 Nov/Dec 94


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Dates 1 ?ops, Directory gremlin deletes law firm listing to Note I We tned to blame ~os~ computer gremlins but it seems it was human 1 1 error. The followmg fum was coded incorrectly in the B.C. Branch I database and the firm/lawyer listing did not appear. Please amend I I Page 154 of your 1995 Directory to include: I January 31, 1995 1

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Gillespie Renkema Burke 200- 121 St. Paul St Kamloops, B.C. V2C 3K8

Tel: 374-4463 FAX: 374-5250

Barnett Francis Steven Marcus Broadway John Edward Burke Reinhard Church Kevin Frederick DuMont Steven Philip Frame Jeffrey Gordon Gillespie David Drysdale Webb Groves Joel Robin Hoffman Gordon Douglas Renkema Rex Albert

First Nations Forum 1 Long House, UBC 1 I February 10-12, 1995 I Kootenay Bar Winter Meeting

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February 25-28, 1995 National CBA Mid-Winter Meet1 ing, Charlottetown, PEl

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-----------------------~ Eric G. Chamberlist has been

1995 Directory best seller!

The Member Services Committee is pleased to report that over 11,600 copies of the 1995 Directory have been sold and delivered. CBA member support of this annual publication provides both a practical and useful Directory as well as non-dues income that is used to support B.C. Branch activities for the benefit of all members. Directory Sub-Committee Chair Bruce Woolley will provide a detailed report in the ne~t issue of BarTalk.

Pemberton correction Please correct the following information in the 1995 Directory. On page 290, Pemberton should be listed as within the Cariboo judicial district and the Kamloops land registration district.

Ehrcke and Chamberlist appointed Ann I. Ehrcke was appointed as judge of the Provincial Court and will sit in Victoria effective Nov. 15, 1994. She comes to the bench from the Legal Services Branch of the Ministry of the Attorney General where she provided legal advice to the ministries of Aboriginal Affairs, Forests, and Social Services and Housing. She has an LL.B. from the University of Victoria and an LL.M. from the University of London in England Bm.Yalk Vo/.6 No. 7 Nov/Dec 94

February 18, 1995 Provincial Council Meeting, Vancouver

appointed a Master to the Supreme Court of B.C. effective Nov. 9, 1994. He replaces the Honourable Mr. Justice Dean Wilson who was appointed a judge of the Supreme Court of B.C. earlier this year. At the time of his appointment, Chamberlist was a partner in the firm of Hope Heinrich. He will undertake his duties in Prince George and the surrounding area. []

Legal convention set for September 1995 The 29th Australian Legal Convention will be held in Brisbane Convention and Exhibition Centre from September 24 to 28, 1995. The convention theme is "The Competitive Edge" and will address major issues currently facing the legal profession. For further information contact the Convention Secretariat: 29th Australian Legal Convention, PO Box 1280, Milton QLD 4064 Australia (tel: 617-369-0477; FAX: 617-3691512. []

New ADR Section forms Provincial Council approved establishing the Alternate Dispute Resolution (Victoria) Section. A registration form is included with this issue of BarTalk. Cl

Bar Talk is published by the British

Columbia Branch of the Canadian Bar Association, lOth Floor - 845 Cambie Street Vancouver, B.C. V6B 5T3 (604) 687-3404 Tel: FAX: (604) 669-9601 •BarTalk Editor: Lam; Hnetkil, Communications Director

687-3404 •Legislation and Law Refonn Officer: Ann McLean (Victoria)

598-2860 . •sectionTalk Editor: Shelley Bentley, LL.B. •PmcticeTalk Editor: David Bilinsla;, Lakes, Stmith & Bilinskt; 984-3646 •Alistair Eagle Photography

(688-8867) is the CBA (B.C. Branch) official photographer. © Copyright the British Columbia Branch of the Canadian Bar Associ a tion-1994. This publication is intended for information purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel.

The B.C. Branch of the Canadian Bar Association representsover7,600 lawy~:rs within British Columbia. The B.C. Branch is dedicated to improve and promote access to justice, to review legislation, initiate law refonn measures and advance and improve the administration of justice. On behalf of the profession, the B.C. Branch works to improve and promote knowledge, skills, ethical stalldards a11d well-being of members of the legal profession and promotes the interests of its members. [J


BarTalk | November/December 1994