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JuNE 2004


2005 Practice Fee Referendum Voting on the future of the CBA supportive legal decision in Gibbs v. Law Society of or the first time in 55 years, the Law Society of B.C. practice fee will be put to a referenB.C. A Membership Protocol was introduced, allowdum rather than decided at an Annual ing lawyers to resign their CBA membership for General Meeting. There will be no forum principled reasons. Only 16 members have chosen to for debate or participation from members other than do so. a single "X" mark on a ballot. For that reason, we ask Despite the constant majority support, a small all members to take time to read about the CBA and group of vocal opponents has continued to make this carefully consider what your vote will mean. an issue for the Law Society; thus the Benchers There will be three options on the ballot: decided this year to forego the AGM as the venue for Resolution A, which is the status quo position, deciding the matter, and instead to put the question includes fees payable to the Law Society, B.C . to referendum. The Benchers debated whether or Courthouse Library Society, Lawyers Assistance not to take a position on the matter, and in th~ end Program, the Advocate and the Canadian Bar chose not to make any recommendation as to how Association, B.C. Branch (CBABC). Resolution B members should vote. includes all fees except the CBABC fee. And the In recognition that there are diverse views on third option is "To not set the practice fee at this this issue, and to assist in the promotion of debate, the time," thus returnBarTalk Editorial ing the decision to Board invited Mr. "We ask all members to take time to the Law Society John McAlpine, QC Annual General and Mr. Cameron read about the CBA and carefully Meeting in the Fall. Ward to provide consider what your vote will mean ." The referentheir opposing perdum ballot package spectives on the matwill be mailed in late May, for return by June 22nd. ter. Members are encouraged to read both, and to The ballots will be counted on June 23rd . A simple read the other articles in this edition of Bar Talk that majority of the returned ballots will decide the fee to highlight the ongoing work of the Association. be paid for 2005. Whether or not to continue to provide a univerTo date, through 55 annual meetings and a sal levy to support the CBA is a critical decision, with handful oflegal cases, the inclusion of a CBA fee has consequences for the entire profession. In the interalways been upheld. As recently as last year, there ests of ensuring an informed vote, take the time to was a 2:1 majority vote at the AGM, and a strongly consider it well. BT



canadian Bar Association British Columbia




From the President


Executive Director


Section Talk by Shelley Bentley


FEATURED THIS ISSUE The Law Society is conducting a referendum in June on whether a CBA fee should be included in the Law Society practice fee. In this issue we asked two members to contribute their opposing views, to foster debate about the vote.


Practice Talk

In support of the Can;dian Bar Association by John D. McAlpine, QC

by David f. Bilinsky


Nothing Official by Tony Wilson



by Patricia Jordan

12 14 16 18

Acts In Force

31 32 34

Marketing & Memberships Active participation brings rewards by Susan Van Dyke


Top 10 Citation Tips Be letter perfect with the help of this guide by Sarah Picciotto


B.C. Law Schools Another awesome mooting year by Christine Mingie

Limited Liability Partnerships CBA Advertising Campaigns 2004 LawWeek Bar Moves Partners Continuing Legal Education Society Law Courts Education Society Law Foundation of B.C.



Reports Available


19 24


Regulations to Note New Bills to Note

Tradition or Free Choice? Mandatory CBA payments no longer serve the profession by A. Cameron Ward

On the Web


Law Society Practice Fee Referendum

Classified Ads

DELAYED TO AUGUST We regret that, due to time contraints, this issue does not include an article by Michael Van Klaveren, B.C. Crown Counsel Association President. We lookforward to publishing his column in the August issue. See related item on page 25.


BARTALK June 2004


1Oth Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll Free [in B.C.): 1-888-687-3404 BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch. BarTalk Senior Editor Caroline Nevin 604-687-3404, ext. 320 BarTalk Editor Sandra Webb 604-646-7856 Editorial Board Chair Kenneth Armstrong Editorial Board Members Vikki Bell, QC Johanne Blenkin Diana Davidson David Dundee Anna Feglerska Christine Mingie Marguerite !Meg) Shaw Veronica Singer ©Copyright the British Columbia Branch of the Canadian Bar Association 2004. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The Canadian Bar Association, British Columbia Branch represents 10,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.



Send your LETTERS TO THE EDITOR to: Caroline Nevin, BarTalk Senior Editor Canadian Bar Association, B. C. Branch Fax: 604-669-9601 Toll free fax: 1-877-669-9601 E-mail:

That was a great article (Vol. 16/No. 2) on Tony's experience as the sole user of a Mac in his office. However, that's nothing! Our firm, Staples McDannold Stewart, is fully on Macs- from iMacs to Powerbooks, programs to networks. And anything an IBM can do, Macs can do better. More importantly, Macs for lawyers makes business sense. Lawyers are too busy to figure out how to make computers work, we just want to get the work done! Macs allow us to do that. We can focus on the big picture and not waste time being sidetracked with glitches (what's a virus?). This way, we spend more time serving our clients- and that's billable time. -Troy DeSouza, Victoria

BarTalk Survey Many BarTalk readers have sent in completed surveys. Thank you! Some lawyers who don't read BarTalk have also returned completed surveys- we appreciate your

• Have a page listing all companies offering deals to members in each issue with some examples.

comments too, for a rounded perspective. We need your input to create a publication that is tailored to your interests. If you haven't yet shared your opinions, the survey is posted at www.bccba .org under "Your Voice Counts." We will continue to accept draw-eligible surveys until May 31, when we will draw for two CBA fleeces. Here are some of the suggestions we 've received :

• Include a column aimed at the 0-5 year call, specifically dealing with an issue facing these lawyers.

- Great ideal We'll try that in the August issue.

- Expect it soon.

• Blue ink on blue backgrounds is hard to read. - We hope the new format will solve this problem as the backgrounds are much lighter.

BarTalk Publication Sales Agreement #40741008

Have you moved? Let us know! The

Canadian Bar Association British Columbia

If you have changed firms, changed addresses, have a new e-mail address or phone/fax number, you need to let us know. Letting the Law Society in on the secret is not enough! E-mail, phone 604-687-3404 or fax 604-669-9601. Toll free phone 1-888-687-3404 or fax 1-877-669-9601.

June 2004 BARTALK




It's Your Choice s

Defining the future of B.C. legal profession

n June 1, voting memUniversality has allowed the bers of the Law Society development in B.C. of the most will have the opportunity extensive network of Sections in to set the practice fee for the country. In all other provinces, 2005 by referendum. The real Sections are fewer, less resourced, question being asked is whether and more expensive. In B.C., 74 the CBA fee will be included in Sections meet around the the practice fee as it has been for 55 province, providing networking, years. professional development, and In other jurisdictions, selflegislative review on all aspects of regulation of the profession is the law. Their minutes are posted Robert C. Brun being questioned and threatened. on the Web site, allowing memPresident 2003/2004 In Australia and England, the B.C. Branch bers who cannot attend to access state has intervened to the detriCanadian Bar Association up-to-date news. ment of self-regulation when law Nationally, the B.C. Branch societies have been perceived to be promoting lawyer has the clout of more than 10,000 members. We interests and compromising their primary role as influence national decisions taken on issues such as defender of the public interest. money laundering and anti-terrorism legislation, B.C. is unique in that as far back as 1947, the seplegal aid, anti-no fault programs, lawyer "whistlearation between the regulatory and advocacy funcblowing" (Sarbanes-Oxley) and national media and tions of the legal profession was established. The ad campaigns. Law Society resolved that members would fund the People ask "Other provinces survive without Law Society as regulator in the public interest, and universality, why can't B.C.?" It's not simply a matter the CBA as advocate for lawyers' interests. of survival, but of strength. Unlike other provinces, Subsequently in the 1970s, bar leaders such as B.C. doesn't have the luxury ofCLE revenue. Nor do Charles Locke, QC, later Mr. Justice Locke, and J.D. we have any history of voluntary payment by governTaggart, later Mr. Justice Taggart, led the way in ments, corporations, municipalities and other refining this arrangement. This separation of roles is employers who currently pay universal CBA fees. even more vital today, but it requires resources to Unlike other provinces, we have built a more extenmake it work. sive network of services and direct benefits to memThe profession in B.C. has evolved in ways that bers by virtue of not pouring resources into member make it different from every other province. recruitment. Universal funding allowed the CBA to support and For those who support a strong, independent work with the Law Society to create a strong CLE organization that will advocate on behalf of lawyers, Society (other CBA Branches have kept CLE and its with the necessary resources to promote law reform, revenues, to supplement membership fees). Section activity and lawyers rights and economic Universality in B.C. has ensured that staff and fundinterests around the province, the choice on the Law ing are dedicated solely to services that directly benSociety's ballot is clear: I will be voting 'yes' for a uniefit all members. versal CBA levy. BT



BARTALK J une 2004



So What Does the CBA Do For Me?

~ ~


WORK AND LIFE BALANCE don't see value for my CBA fees. I am concerned In our complex world, there just is about the public image of not enough time to meet both the profession. I want my career and family demands and professional association to speak out still have some time for ourselves. for my interests and those of the proThe CBA recognizes this as an fession; it should help me find ways important issue for members. It to be happier in the practice of law has developed tools to help you and to achieve financial security. But both to practice better and smarter I don't have time to read BarTal~ and to be happier. Explore CBA faxes and e-mails." PracticeLink at Frank Kraemer These are some sentiments I The CBABC's Women Executive Director recently heard from members who Lawyers Forum has developed B.C . Branch want to see that they receive value mentoring and educational proCanadian Bar Associat ion for their membership dollars, but grams designed to promote the have little time to read detailed interests of women lawyers and to information about what the CBA, nationally and encourage them to remain in the profession. provincially does for them. Permit me to outline We have developed other helpful information briefly some of what the CBA is doing to address (see in the area of child care; informember concerns and, hopefully, demonstrate to mation on elder care and other work/life balance those in doubt that they do receive value for their issues will soon be available. membership dollars. FINANCIAL SECURITY IMAGE OF THE PROFESSION The CBA cares about members' financial circumThe CBA recently developed a print and TV ad stances. In addition to the many member services campaign (view the ads at We are offerings, it has recently developed a group RRSP using B.C. dollars to extend the print version of that program. It offers a variety of investment opportunicampaign throughout B.C. Law Week activities and ties with management fees at least 1 per cent below especially the free legal advice given to the public on market rates. Dial-A-Lawyer Day also demonstrate to the public The CBABC continues to monitor WCB assessthe positive contributions of lawyers. ment rates for law firms. For two years, WCB has not increased rates for law firms, following CBA SPEAKING OUT FOR THE PROFESSION intervention. The CBABC has consistently pressed government to eliminate the discriminatory tax on legal services. We CONCLUSION recently redoubled our efforts and developed a camThese are but a few of the programs and services paign directed by a committee of dedicated CBABC CBA both nationally and at the Branch gives you. members to press this issue before the next election. We need your help though to get out the good news. The CBA has intervened in many recent cases to If you have suggestions for how we can do better defend client confidentiality and solicitor client privincluding communicating with our members, I welilege. come your suggestions. BT

June 2004 BARTALK




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

for between $5,000 and $10,000 in ALTERNATE DISPUTE RESOLUTION-VANCOUVER legal fees, significantly less than in Sandra Polinsky and Peter Grove the traditional litigation setting. gave an informative overview of Some argue that costs are cut by the history of collaborative law approximately 80 per cent. Expert and then discussed issues surfees are cut in half because one rounding its application in nonneutral expert is used rather than family law settings. two adversarial experts. The history of collaborative There are a number of potenlaw begins with Stu Webb, an tial impediments to the application attorney in Minnesota who of collaborative law in non-family Shelley Bentley is in private became disillusioned with his famsettings. First, there are financial practice at G. Davies & Company. ily litigation practice. Mr. Webb impediments because there may be found mediation too neutral and narrower ranges of results in fam began taking cases on a settlement-only basis. When ily law settings than in commercial settings. Second, one of these cases went to court and yielded unhappy disclosure may be a problem in the commercial conresults he decided that withdrawal of counsel after a text where businesses may have confidentiality and failed collaboration was a necessary feature of the competition concerns. Emotional and personal issues participation agreement. He gradually refined the are recognized and resolved in family law settings. process and soon collaborative law was born. Such issues are not in the language or vocabulary of Collaborative law is a dispute resolution method commercial disputes. Finally, there is the issue of intended to resolve disputes without litigation or the client retention and the reluctance of firms to withthreat of litigation. There are no outside neutrals to draw and refer clients in the event that settlement assist except those third party experts retained by cannot be reached. lawyers. Promoting dialogue and settlement is the CRIMINAL JUSTICE-VICTORIA role of the lawyers. They act as negotiators, instead of Robert Gill, Associate General Counsel of Crime as adversaries. Often there are four-way meetings Stoppers International Inc., spoke about the purpose, involving two clients and their respective lawyers. operation and effectiveness of Crime Stoppers in a The process puts pressure on the lawyers to find a recent meeting. Crime Stoppers is a private, nonsettlement. Participation agreements set out the profit society whose mission is to encourage the pubground rules. Fundamentally the process involves lic to help police by providing confidential, anony full disclosure and transparency and relies on integrimous information regarding serious crime. The conty and trust. Lawyers must say and mean that there cept originated in Albuquerque, New Mexico in has been full disclosure and withdraw if it is not 1976 and has expanded to a worldwide movement. made. There are elaborate mechanisms for withIn any community, citizens have information drawal. that would be of benefit to police. A combination of There are approximately 20 groups in Canada apathy and fear of reprisal discourages many from offering collaborative law services. Roughly 45 coming forward. Crime Stoppers seeks to overcome lawyers practise collaborative family law in these impediments by offering modest cash rewards Vancouver, six of whom do so on a full-time basis. paid promptly upon arrest, not conviction, and by Collaborative family law cases are commonly settled 6

BARTALK Ju ne 2004


invoking police informer privilege. This privilege, in Canada, is most clearly set out in four decisions of the Supreme Court of Canada: • R. v. Garofoli, [1990] 2 SCR 1421- A search warrant or wiretap authorization must be supported by evidence at trial that is not subject to privilege. • R. v. Leipert, [1997] 1 SCR 182- Information provided to Crime Stoppers by anonymous informants must not be disclosed to the defence, in order to protect the informant's identity. The only exception is where disclosure is required to allow the accused person to demonstrate his or her innocence. • R. v. Carosella, [1997] 1 SCR 80- Crime Stoppers and other organizations must retain their records for possible examination by a trial judge and failure to do so can lead to a stay of proceedings. • R. v. McClure, [2001] 1 SCR 445- Sets out a detailed procedure for the inquiry into whether the information is relevant to the issue of innocence and thus not subject to informer privilege. Crime Stoppers has systems in place to preserve anonymity. Call-takers advise tipste rs on their rights. Names are not taken. There are no recordings or call display. There is no face-to-face contact with the calltaker. There are also procedures in place to handle payment of rewards on an anonymous basis.

WILLS AND TRUSTS-VANCOUVER Gary Wilson, counsel in Re: Bloom, 2004 BCSC 70 commented on this case concerning the application of probate fees and the situs test in the context of securities held by an estate. He began by noting that the Probate Fee Act sets probate fees on the basis of the "value of the estate . . . situated m British Columbia ... ." This has commonly been understood by practitioners to mean that the common law situs rules apply to determine what of the deceased's estate is within British Columbia. However, B.C. probate registries have deviated from these rules in applying the test, leading to confusion and frustration. Mr. Justice Ehrke's decision in this case has been lauded for its confirmation that common law principles are to be applied as well as for its clear analysis of the issues involved


and the test to be applied. In this case, securities were being held at the date of death by the Bank of Nova Scotia Trust Company ("Scotiatrust") in Vancouver as Committee for Bessie Bloom. The securities had been purchased and were held through the book entry system maintained by the Canadian Depository for Securities . Bessie Bloom's ownership of the securities was recorded on the books of the Securities Department of Scotia trust in Toronto. In deciding that these securities were situated "without B.C.," Mr. Justice Ehrcke found that in a multi-tiered holding system, the account would be "situated" at the financial investment intermediary on whose books the interest of the debtor appears. This is the place where the record that determines title is to be found. It is also the place where the personal representative must go to effect the transmission. In this case, the securities were "situated" in the Securities Department of Scotiatrust in Toronto. This decision is under appeal. If required by probate registry staff to pay probate fees on securities that could now be characterized as "without B.C.", Mr. Wilson recommended paying the fees "under protest." BT

"Collaborative family law cases are commonly settled for between $5,000 and $10,000 in legal fees, significantly less than in the traditional litigation setting. Some argue that costs are cut by approximately 80 per cent. Expert fees are cut in half because one neutral expert is used rather than two adversarial experts."

June 2004 BARTALK




A Financial Makeover A new recipe for success. ..

I work all night, I work all day, to pay the bills I have to pay Ain't it sad A nd still there never seems to be a single penny left for me. .. Money, money, money Must be funny In the rich man's world

the top 20 per cent? The lost opportunity cost alone may drive you to start eliminating the bottom part of your revenue curve in order to provide the resources and the time to move your curve upwards . Accordingly, to start your -Words and music by B. Andersson financial makeover, aggregate and B. Ul vaeus, recorded by Abba your income by client and rank it from largest to smallest (spread David J. Bilinsky is the hile working harder is sheets are useful here). Now create Practice Management Advisor certainly an old-time column in your spreadsheet that a at the Law Soc iety of British recipe for success, it is lists the cumulative percentage of Columbia . He can be reac hed not the only recipe. your total billings as you move on the Internet at Indeed, all of us have heard the downwards. Look at how many dbili catch-phrase "Work smarter, not clients lie in the top 20 per cent harder.'' Like many bits of advice, and in the bottom 20 per cent of it is easier to say than to apply. So what can you do to the lis::ing. Decide what can be done in terms of findimprove your bottom line without working all night ing new homes for the bottom 20 per cent of your and all day? The secret appears to lie in financial client base (ethically, of course). analysis of what you do and how you do it. Here are some suggestions put forward in this area and how TAKE INTEREST they can be applied to your practice. Here is another analysis tool. Take your accounts paid and rank them in terms of days outstanding to PRUNE date of payment. Unless you charge interest on your Steven Campbell, CA, a consultant with Thomson unpaid accounts, you are losing money for every day Elite recently told me that they had been running the your accounts are unpaid - in effect you are providnumbers on law firms . While most firms work on ing financing for your clients at 0 per cent interest. the 80/20 rule (namely that 80 per cent of law firm Again, look at the clients in the bottom 20 per cent of income comes from only 20 per cent of the firm 's the list (and I would add in the clients with accounts clients), in some cases the ratio can rise as high as outstanding here). Ask yourself - it is worth it to 95/5 . The implications of this are profound carry these clients? depending on your practice, you can drop up to 95 per cent of your client base and have a negligible BE EFFECTIVE effect on your bottom line - and work a whole lot A third analysis tool is to take your fees billed per less. Moreover, look at your clients in the bottom 20 client and divide it by the total hours put into the per cent of your revenue curve and ask yourself client's files (not the fees billed, but rather all time, how many of these clients may be conflicting you out billed or not). Rank order the results from largest to of acquiring another star client that would place in smallest. You are looking at your effective hourly



BARTALK June 2004


rate per client. Again ask yourself what benefits you are deriving from any client whose effective hourly rate is less than your stated hourly rate. Concentrating on this type of analysis should lead you to implement fixed-cost billing where the stated cost/file is higher than the typical time to complete its file times your stated hourly rate.


page spread over their lifetime. BUILD YOUR PRECEDENTS A solid business objective is to increase your margin on every file that you handle. Accordingly, build a set of continually reused precedents that minimizes your costs of handling a standard transaction to maximize your margin on every file handled after the first. Look at your files and invest capital in your docu-

LEVER YOUR ASSETS Here, take your clients and break out total partners' time spent on the client "Rather than working harder, take steps and divide it by total associate's time logged against the same client. Again, to change the mix of files in which you rank the result from smallest to invest your time and energy and make largest. This will give you an indication of which clients are high-users of your work environment one that supports partner time and which clients can be greater profitability." leveraged downwards to use less-costly associate time. You may also want to repeat this analysis but instead of looking at clients, look at each partner and take their ment generation system to quickly and efficiently partner billable time divided by total associate time handle your routine transactions. A corollary to this that was logged to their files, and again rank the principle is to avoid one-off projects that do not play results. This will show which partners push work to the firm's strengths or strategic goals. downwards and which do not. MOTIVATE EMPLOYEES DISBURSE MISCONCEPTIONS If you are working towards firm financial strategic Here, take total client billings and divide by total disgoals, you already know your desired billing and bursements incurred on their files. Rank the results. profitability targets. Accordingly, create a win-win This gives you an idea of which clients require large situation for you and your employees by explicitly capital investments relative to the fees earned. Files outlining what the targets are, when you expect to with large capital requirements should be priced reach them and how financial results that exceed the accordingly to provide a return on the capital investtargets will be shared. By outlining what the rewards ed in the file in addition to a return on partner and will be if the targets are exceeded and how an associate time. employee can personally benefit along with the organization, you are helping align everyone's interests towards a common goal. LOOK AT LIFETIME COSTS Rather than working harder, take steps to When acquiring an asset in your firm, estimate the change the mix of files in which you invest your time Total Cost of Ownership (TCO). For example, when and energy and make your work environment one acquiring a printer, determine the maximum expectthat supports greater profitability. In this way, you ed number of pages that the printer will generate should be able to avoid working all day and all night over its lifetime. Calculate the cost of ink for those and still have some money left for yourself after payexpected number of printed pages and add the initial ing all the bills you have to pay. BT cost of the printer. Divide by the number of pages that you expect to receive from the printer. This gives you an expected cost per page. While inkjet printers The views expressed herein are strictly the author's have a low initial cost, their TOC is much higher and may not be shared by the Law Society of B.C. than laser printers which have a much lower cost per June 2004 BARTALK




The Last Lawyer Joke I'LL Ever Tell

I'll pick the best few, and put them hate lawyer jokes, especially when they're told by someone in this column for all fellow sufferers. If I get one that's really whose experience with our profession is limited to L.A. good, I'll buy you lunch when Pirate Paks go on sale at White Law reruns, O.J. Trial highlights, Spot. I'd like to prove that lawyers or the wonderfully oxymoronic "Celebrity Justice." Supposedly, have a collective sense of humor. we're all scoundrels somehow We're accused of so much, I'd hate deserving of being the butt end of to think we're guilty of not being a punch line; not to mention we're funny. also money-grubbing opportunists Canadian doctors, I have Tony Wilson is a Franchise and who make life far too complicated. recently learned, have their own Intellectual property lawyer at An easy target, I suppose, since magazine for humor. Stitches Cawkell Brodie, and has written The journal of Medical Humor has Shakespeare. for The Globe and Mail, the Vancouver Sun and Macleans Yes, I've heard the one about articles on hockey playing doctors, magazine. His e-mail address the shark and professional courphysicians who act on the side, and is tesy. And I've heard the one about other pieces on the lighter side of skid marks and the rat. Burying medicine, (which presumes, I suplawyers in sand? Heard it. Bicycles? Light bulbs? pose, that there is a lighter side to medicine). Every Cemeteries? Heard them all, like so much recycling on month they award a stethoscope to the funniest anecgarbage day. dote submitted by a doctor. The most surprising If I was clever enough, I'd come up with some thing about Stitches is that it's targeted to a profession witty Oscar Wildish retort every time I heard a with about the same number of practitioners in lawyer joke that would turn the tables on the teller; Canada as ours, has a circulation of 38,000, and it's the sort of thing Blackadder might say to Baldrick, or been around for 14 years. If doctors can afford to supMarvin might say to Ford Prefect to put him in his port a humor magazine for their profession, why place. But alas, I suffer from what the French call can't lawyers support a humor magazine for ours? "!'esprit d'escallier," or "staircase wit." It's when you Somebody call Canadian Lawyer (offer them a Pirate think of the witty retort five minutes after the approPak). priately cunning moment while you're heading up There's only one lawyer joke I like, and it has the stairs, thinking "Damn . .. I wish I'd said that." nothing to do with a misrepresentation of our ethics, I suspect far too many of us suffer from staircase and everything to do with our ridiculous propensity wit when some boob tells a bad lawyer joke at our to take on more work. "The practise oflaw," the joke collective ethical expense. So rather than write some goes "is like a pizza eating contest, where the prize high-minded editorial on how bad these jokes are is ... more pizza." Whether it's funny or not isn't as and how they malign the profession (I tried that. It important as how true it is. Do good work and you'll was resoundingly nuked), I'd like to suggest a contest get more work. Get too much work, and you better instead - not for the best or worst lawyer joke, but find a good doctor for that triple bypass you'll need in for the best response to one. E-mail me your witty a decade. If humor is, as the doctors say, a good healput downs and cutting responses to lawyer jokes and er, then we need all the laughs we can get. BT



BARTALK June 2004



Sections Online Everything to keep you informed on Section activity

ince the CBABC Web site Strategies went online in October • Client Services in the Legal 2000, CBABC has pubInformation Age lished thousands of • Building a Better Web site Section-related documents at • Technologies for Solo, Home, Section members and Mobile Lawyers can access meeting notices, min• Viruses, Hackers, and Spyware utes, case comments, speaker's - Bandits on the Internet! notes, memos, announcements, ASK THE WEBMASTER letters, and annual reports. If you Instant Messaging (IM) - what rist missed a Section meeting, you can Patricia Jordan is the CBABC if any, does it pose to me and my even view the Power Point presenManager, Interactive Media. computer? tation online (if applicable). She welcomes your comments, As use of IM increases, the need Do you need information on questions and suggestions. If for security becomes more vital. an upcoming Section meeting? you have a question about site Associated risks of IM include Your Home/Reception web page content, or would like somesecurity breaches, "spim" (instant has your Section "meeting" link thing added to the site, contact messaging spam), an excessive her at or click on the link to access relevant drain of network resources and a call 604-646-7861. information. A list of all upcoming reduction of users' productivity. Section meetings is available for all Content filtering tools from commembers in the Lawyer Lounge under "What's pames such as McAffee (, New." Symantec ( com), SurfControl Every Section also has an online message board (, Akonix ( (listserv). Your Section's listserv offers members the and IMlogic ( block messages opportunity to pose questions, offer adv~ce and share with keywords or suspicious content. BT information on a variety of topics .


NEW IN MEMBER PRODUCTS & SERVICES • Terminal City Club, look in "Business" under C lubs • The Electronic Courthouse, look in "Alternative Dispute Resolution" under Law Office Resources [Editor's note: See page 29 for a related article] • FreeStay Getaways, look in "Accommodation" under Travel TECHNOLOGY AND YOUR PRACTICE Check out PracticeLink at for information on these topics: • Legal Practice and the Internet: Marketing


I The Access to Justice Network [ACJNet] is an electronic community that brings together people, information, and educational resources on justice and legal issues of interest to Canadians.

June 2004 BARTALK




Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon . Lawyers should refer to the specific legislative or regulatory provision . You will see a reference in some cases to the number of the btll _ 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 tttle of the Act and which is the proper citation for the Act . The bill Number has been given to make it easier for you to note up the Bills you may have in your library.

amends the University ofVictoria Foundation Act, 1979.

Additional detail on the Legislative Update can be found in the online issue of June Bar Talk, posted at

In Force Sections 2 to 5, 8, 9, 15, 16, 19, 26, 28 to 32, 34 and 36 to 40 are in force March 12, 2004


ACCOUNTANTS (CHARTERED) AMENDMENT ACT,2003,S.B.C. 2003,C.67 (BILL 78) Summary Sections 1 to 18 amend the Accountants (Chartered) Act including amendments respecting the powers of the Council and Institute. Section 19 makes a consequential amendment to the Accountants (Chartered) Act to update references from the Company Act to the new Business Corporations Act. In Force Sections 1 to 18 in force March 24, 2004. Section 19 in force March 29, 2004

ADMINISTRATIVE TRIBUNALS APPOINTMENT AND ADMINISTRATION ACT, S.B.C. 2003, C. 47 (BILL 68) Summary Sections 59 and 60 make consequential amendments to the Safety Standards Act (Bill 19).


BARTALK June 2004

Stuart Rennie is the CBABC Legislation & Law Reform Officer. He can be reached at 604-949-1490 or by e-mail [srennie@bccba.orgl.

In Force Sections 59 and 60 in force April 1,2004

ADVANCED EDUCATION STATUTES AMENDMENT ACT,2003,S.B.C.2003, C.48 (BILL 35) Summary Sections 2 to 5, 8 and 9 amend the College and Institute Act. Sections 15, 16, and 19 amend the Institute of Technology Act. Section 26 amends the Royal Roads University Act. Section 28 amends the Trinity Western University Foundation Act. Sections 29 to 32 and 34 amend the University Act. Sections 36 to 39 amend the University Foundations Act. Section 40

AGRICULTURE, FISHERIES AND FOOD STATUTES AMENDMENT ACT, 1997, S.B.C. 1997, C. 14 (B ILL 11) Summary Sections 1 to 4 amend the Animal Disease Control Act. Section 1 adds definitions. Section 2 enacts a provision regarding licences required under the Act. Section 3 adds new offences. Section 4 consolidates specified regulationmaking provisions respecting licences under the Act. Section 21 repeals the Livestock Public Sale Act. In Force Section 1 adding the definitions of "auctioneer", "farmer", "game", "operator", "public sale" and "public sale yard " to section 1 of the Animal Disease Control Act, section 2 as it enacts section 18.1 (1) (a) and (2) of the Animal Disease Control Act, section 3 as it enacts section 19 (2.1) (b), (c) concerning an auctioneer or operator, and (d) of the Animal Disease Control Act, section 4 (a) as it


enacts section 20 (2) (u), (v), (z.l), (z.2), (z.3) concerning auctioneers and operators and (z.4) of the Animal Disease Control Act and section 21, all in force April 1, 2004.

BUSINESS CORPORATIONS ACT, S.B.C. 2002, C. 57 (BILL 47), BUSINESS CORPORATIONS AMENDMENT ACT, 2003, S.B.C. 2003, C. 70 (BILL 60). BUSINESS CORPORATIONS AMENDMENT ACT (NO.2). 2003,S.B.C.2003,C. 71 (BILL 86) Summary The Business Corporations Act repeals and replaces the Company Act. The Business Corporations Amendment Act, 2003 and the Business Corporations Amendment Act (No. 2), 2003 both amend the Business Corporations Act and other statutes. In Force All Acts in force March 29, 2004

See Regulations to Note

BUSINESS PRACTICES AND CONSUMER PROTECTION AUTHORITY ACT, S.B.C. 2004, C. 3 (BILL 4) Summary Companion legislation to the Business Practices And Consumer Protection Act (Bill 2) (First Reading February 26, 2004), Bill 4 establishes the Business Practices and Consumer Protection Authority ("the

Authority"). Bill 4 sets out the governance structure for the Authority. Bill 4 regulates conflicts of interests, provides for officers and employees and lays down financial requirements for the administration of the Authority. In Force Act in force March 31, 2004

MISCELLANEOUS STATUTES AMENDMENT ACT, 2003, S.B.C. 2003, C. 7 (BILL 11 l Summary Section 2 amends the Agricultural Produce Grading Act to change a reference to the British Columbia Marketing Board to a reference to the provincial board under the Natural Products Marketing (B. C) Act. Section 3 amends the Agriculture, Fisheries and Food Statutes Amendment Act, 1997 to repeal "not in force" provisions amending the Natural Products Marketing (B.C.) Act. Section 31 amends the Livestock Act to continue the authority, under the Livestock Protection Act repealed by section 32 of Bill11, to kill a dog running at large and attacking or viciously pursuing livestock. Section 32 repeals the Livestock Protection Act. Sections 34 to 37 amend the Local Government Act to make consequential amendments as a result of the repeal of the Livestock Protection Act. In Force Sections 2, 3, 31,32 and 34 to 37 are in force April1, 2004


MISCELLANEOUS STATUTES AMENDMENT ACT (NO.3). 2003,S.B.C. 2003,C.96 (BILL 90) Summary Sections 28 to 36 amend the Health Care (Consent) and Care Facility (Admission) Act to eliminate the Health Care and Care Facility Review Board and references to it. Section 57 amends the Schedule to the Public Sector Employers Act to eliminate references to the Health Care and Care Facility Review Board. Section 59 amends the Representation Agreement Act to eliminate references to the Health Care and Care Facility Review Board. In Force Sections 28 to 36, 57 insofar as it repeals "Health Care and Care Facility Review Board" from the Schedule to the Public Sector Employers Act, and 59 are in force March 12, 2004

MOTOR DEALER AMENDMENT ACT, 2003, S.B.C. 2003, C. 61 (BILL 74) Summary Bill 74 amends the Motor Dealer Act to permit the Minister to delegate authority to administer the Act to the appointed Motor Dealer Council of B.C. In Force Act in force April 1, 2004 See Regulations to Note

June 2004 BARTALK




(B.C. Reg. 146/2004))



Summary Section 7(c) makes a consequential amendment to the Pacific National Exhibition Incorporation Act to update references from the Company Act to the new Business Corporations Act.

Summary Sections 26, 27, 52, 55, 56, 58 to 60 and 84 and sections 51 and 83 are amendments made as a result of changes made to the Assessment Act.

In Force Section 7 (c) in force March 29, 2004

SAFETY STANDARDS ACT, S.B.C. 2003, C. 39 (BILL 191 Summary Bill 19 repeals the Electrical Safety Act, the Elevating Devices Safety Act, the Gas Safety Act and the Power Engineers and Boiler and Pressure Vessel Safety Act and replaces them with the Safety Standards Act. In Force Act in force April1, 2004

See Regulations to Note

In Force Sections 26, 27, 52, 55, 56, 58 to 60 and 84 are in force March 12, 2004. Sections 51 and 83 are repealed March 12, 2004

YOUTH JUSTICE ACT, S.B.C. 2003, C. 85 (BILL 631 Summary Following the new Canadian Youth Criminal Justice Act, S.B.C. 2002, c. 1 (in force April1, 2003) which replaced the federal Youth Offenders Act, Bill 63 repeals and replaces the Young Offenders (British Columbia) Act. In Force Act in force April 1, 2004

See Regulations to Note

SECURITIES AMENDMENT ACT, 2003,S.B.C. 2003,C.24 (BILL 241 Summary Sections 5, 7, 8, 9 and 13 (c) amend the Securities Act regarding insider trading provisions. In Force Sections 5, 7, 8, 9 and 13 (c) in force February 28, 2004


BARTALK June 2004


BRITISH COLUMBIA TRANSIT ACT, amends the British Columbia Transit Regulation (B.C. Reg. 30/91) (effective March 26, 2004 (B.C. Reg. 122/2004)) and creates the Victoria Regional Transit Commission Regulation No. 252004 (effective March 26, 2004

BUSINESS CORPORATIONS ACT (COMPANY ACT), repeals the Annual Report Filing Regulation (B.C. Reg. 89/2002), Company Act Regulation (B.C. Reg. 402/81) and Limited Liability Companies Regulation (B.C. Reg. 319/99) (effective March 29, 2004 (B.C. Reg. 63/2004)) and creates the Business Corporations Regulation (effective March 29, 2004 (B.C. Reg. 65/2004)) COAL ACT, rescinds B.C. Reg. 304/2000 (effective March 24, 2004 (B.C. Reg. 114/2004)); rescinds B.C. Reg. 98/86 (effective March 24, 2004 (B.C. Reg. 116/2004); amends coal land reserves and various Mining Divisions and Land Districts (effective March 24, 2004 (B.C. Reg. 117/2004); amends B.C. Reg. 117/2004 (effective March 24, 2004 (B.C. Reg. 120/2004). See Regulations to Note For Mineral Tenure Act FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT, amends the Committees of the Executive Council Regulation (B.C. Reg. 290/2002) (effective March 23, 2004 (B.C. Reg. 98/2004) and amends Schedules 2 and 3 of the Act (effective March 26, 2004 (B.C. Reg. 147/2004) MINERAL TENURE ACT, rescinds B.C. Regs. 244/96, 437/97, 12/98, 40/99, 22112000 and 304/2000 and amends B.C. Regs. 139/97, 221197, 11198 and 152/98 (effective March 24, 2004 (B.C. Reg.l14/2004)); rescinds B.C. Regs. 210/73, 245/73, 345/73,


348173, 764/74, 366175, 531175, 43176 and 49/76 (effective March 24, 2004 (B.C. Reg.115/2004)); rescinds Orders in Council 2420/63, 2108/68, 27173 and 2991177 and rescinds B.C. Regs. 416/76, 305/93,311194, 508177, 125/96, 249/96 and 98/86 116/2004 (effective March 24, 2004 (B.C. Reg.l16/2004)); various mineral and placer mineral reserves and mining Divisions and Land D istricts (effective March 24, 2004 (B.C. Reg.l1 7/2004)); rescinds B.C. Regs . 14/70, 139170, 503175, 627175 , 670175, 671175,337176, 430176, 431176, 579176, 652176, 225/69, 177/76,93/80 and 90/91 and rescinds Order in Council 260/68 (effective March 24, 2004 (B.C. Reg.l18/2004)); amends B.C. Reg. 204/2000 (effective March 24, 2004 (B.C. Reg. 119/2004)); amends B.C. Reg. 117/2004 (effective March 24, 2004 (B.C. Reg.l19/2004)) MORTGAGE BROKERS ACT, amends the Mortgage Brokers Regulation (B.C. Reg. 100/73) (effective June 1, 2004 (B.C. Reg. 97/2004 and 127/2004)) MOTOR DEALER ACT, creates the Motor Dealer Delegation Regulation (effective April1 , 2004 (B. C. Reg. 129/2004)) PENSION BENEFITS STANDARDS ACT, amends the Pension Benefits Standards Regulation (B.C. Reg. 433/93) (effective April 1, 2004 B.C. Reg. 131/2004) RAILWAY SAFETY ACT, creates the Fee Setting Criteria

Regulation (B.C. Reg. 153/2004), Administration Delegation Regulation (B .C. Reg. 154/2004), Railway Safety Act Transition Regulation (B.C. Reg. 155/2004) (all effective April!, 2004)


SAFETY STANDARDS ACT, the Boiler Code Adoption Regulation (B.C. Reg. 99/2004), Electrical Safety Regulation (B.C. Reg. 100/2004), Elevating Devices Safety Regulation (B.C. Reg. 10112004), F ee Setting Criteria Regulation (B.C. Reg. 102/2004), Gas Safety Regulation (B.C. Reg. 103/2004), Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation (B.C. Reg. 104/2004), Safety Standards General Regulation (B.C. Reg. 105/2004), Administration Delegation Regulation (B.C. Reg. 136/2004), Safety Standards Act Repeal and Transitional Provisions Regulations (B.C. Reg. 137/2004) (all effective April1, 2004) SECURITIES ACT, creates the National Instrument 52-108 Auditor Oversight (B.C. Reg. 106/2004 ), superseding Multilateral Instrument 45-102 Resale of Securities (B.C. Reg. 269/2001), amending Multi-lateral Instrument 45-103 Capital Raising Exemption, (B.C. Reg. 225/2003), amending National Instrument 13-101 System for Electronic Document Analysis and Retrieval (SEDAR) (B. C. Reg. 378/96) and amending National Instrument 62-101 Control Block Distribution Issues (B.C. Reg. 8112000) (all by B.C. Reg. 107/2004), National


Instrument 52-107 Acceptable Accounting Principles, Commission Auditing Standards and Reporting Currency (B.C. Reg. 108/2004), amending Securities Rules (B.C. Reg. 194/97) (B.C. Reg. 109/2004), National Instrument 51 -102 Continuous Disclosure Obligations (B .C. Reg. 110/2004), amending N ational Instrument 62-102 Disclosure of Outstanding Share Data B.C. (Reg. 82/2000) and National Instrument 62-103 The Early Warning System and Related Take-Over Bid and Insider Reporting Issues (B.C. Reg. 83/2000) (all effective March 30, 2004 (B.C. Reg. 111/2004)); repeals the National Instrument 62-102 Disclosure of Outstanding Share Data (B.C. Reg. 82/2000) (effective May 19, 2005 (B.C. Reg. 11112004)); amends the National Instrument 44-101 Short Form Prospectus Distributions (B.C. Reg. 424/2000) (part effective March 30, 2004 and part effective May 19, 2005 (B.C. Reg. 112/2004)) and amends the Securities Rules (B.C . Reg. 194/97) (part effective March 30, 2004, June 1, 2004, December 1, 2004 and May 20, 2005 (B.C. Reg. 113/2004)) WASTE MANAGEMENT ACT, creates the Waste Management Permit Fees Regulation, amending B.C. Reg. 299/92 (effective March 30, 2004 (B.C. Reg. 149/2004)) and creates the Wood Residue Burner and Incinerator Regulation , amending B.C. Reg. 519/95 (effective March 30, 2004 (B.C. Reg. 150/2004))

Ju ne 2004 BARTALK




YOUTH JUSTICE ACT, repeals the Application of Legislation Regulation (B.C. Reg. 327/99) and creates the Youth Justice Application of Legislation Regulation (effective April1, 2004 (B.C. Reg. 139/2004))

force on Royal Assent except for specified sections which come into force by regulation or on April 1, 2004 as specified Passenger Transportation Act (Bill 30) to repeal and replace the Motor Carrier Act, R.S.B.C. 1996, c. 315. Act in force by regulation

standards made by the federal government. Act in force retroactive to April 1, 2004, see Acts in Force and Regulations to Note

CORPORATE COUNSEL Society Amendment Act, 2004 (Bill 32) see Business Law

NEW BILLS TO NOTE BUSINESS LAW Information is cu rre nt at th e time of prepari ng thi s a rticle fro m Marc h 1 to April 23, 2004. Lawyers s hould refer to the orig inal vers ion of the s pec ific Bill fo r its current status at Fi rst, Seco nd or Third Read ing or Royal Assent.

Society Amendment Act, 2004 (Bill 32) including amendments to eliminate filing requirements and restrictions regarding the operation of societies. Act in force by regulation

This is a new format for the New Bills to Note. Thi s new format lists GBABC Sections a nd the new bi lls whi ch may be of interest to those Section s.

Vancouver Tourism Levy Enabling Act (Bill 14) including amendments to prescribe a levy for Lower Mainland or Vancouver tourism businesses. Act in force by regulation

ADMINISTRATIVE LAW Education Statutes Amendment Act, 2004 (Bill 12) including amendments to permit school districts to employ generally accepted accounting principles and to require them to file financial reports. Act in force on Royal Assent or by regulation or retroactive to February 1, 2004 for specified sections Financial Administration Amendment Act, 2004 (Bill 11) including amendments to financial control systems. Act in force April 1, 2004 Motor Dealer Amendment Act, 2004 (Bill 24) including amendments affecting motor dealers and the Motor Dealer Customer Compensation Fund Board. In


BARTALK Ju ne 2004

COMPUTER LAW Mineral Tenure Amendment Act, 2004 (Bill 29) including amendments to eliminate ground staking of mineral claims in place of a new Mineral Titles Online Registry. Act in force on Royal Assent except for specified sections that come into force by regulation

CONSTITUTIONAL/CIVIL LIBERTIES Railway Safety Act, S.B.C. 2004, c. 8 (Bill 20) including amendments to replace the safety provisions in the Railway Act, to create a registrar of railways and to permit the Minister to adopt railway safety

ENVIRONMENTAL LAW Environmental Management Amendment Act, 2004 (Bill 13) including amendments made to contaminated site remediation provisions. Act in force by regulation Water, Land And Air Protection Statutes Amendment Act, 2004 (Bill16) including amendments made to the Ecological Reserve Act, R.S .B.C. 1996, c. 103; Environmental Management Act, S.B.C. 2003, c. 53; Integrated Pest Management Act, S.B.C. 2003, c. 58; Park Act, R.S.B.C. 1996, c. 344; Wildlife Act, R.S.B.C. 1996, c. 488. Act in force on Royal Assent for specified sections and by regulation for other specified sections

LABOUR LAW Education Services Collective Agreement Amendment Act, 2004 (Bill19) including amendments to the Education Services Collective Agreement Act, S.B.C. 2002, c. 1 to implement recommendations made by the arbitrator. Act in force on Royal Assent, except for specified sections


which are in force January 28, 2002 and are retroactive Railway Safety Act, S.B.C. 2004, c. 8 (Bill 20) see Constitutional/ Civil Liberties

MUNICIPAL LAW Nanaimo and South West Water Supply Act (Bill 31) to repeal the Greater Nanaimo Water District Act, S.B.C. 1953 (2nd Session), c. 41 and transfer the service, assets and liabilities of the Greater Nanaimo Water District to the city ofNanaimo. Act in force on Royal Assent except for specified sections which come into force by regulation

NATURAL RESOURCES FORESTRY LAW Coal Act (Bill 28) to repeal and replace the 1996 Coal Act. Act in force on Royal Assent for specified sections. Various in force dates for specified sections. Specified regulations to come into force by regulation Mineral Tenure Amendment Act, 2004 (Bill 29) see Computer Law Wildfire Act (Bill 25) to create a new statute to regulate wildfire matters. Act in force by regulation.

PUBLIC SECTOR LAWYERS Financial Administration Amendment Act, 2004 (Billll) including amendments to finan cial control systems. Act in force April1, 2004


Ministerial Accountability Bases, 2003-2004, Amendment Act, 2004 (Bill 23) including amendments to exempt the Minister of Community, Aboriginal and Women's Services from salary penalties set out in the Balanced Budget and Ministerial Accountability Act for the expenditures to fund the 2010 Winter Olympics. Act in force on Royal Assent

Privacy Act, R.S .B.C. 1996, c. 165; Land Act, R.S.B.C. 1996, c. 245; Land Survey Act, R.S.B.C. 1996, c. 247; Land Surveyors Act, R.S.B .C. 1996, c. 248; Land Title Act, R.S.B.C. 1996, c. 250; Mineral Tenure Act, R.S.B.C. 1996, c. 292; Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361; Pipeline Act, R.S.B .C. 1996, c. 364; Strata Property Act, S.B.C. 1998,c.43

Passenger Transportation Act (Bill 30) see Administrative Law

Specified sections come into force on Royal Assent or on January 21,2005

Railway Safety Act, S.B.C. 2004, c. 8 (Bill 20) see Constitutional/ Civil Liberties Society Amendment Act, 2004 (Bill 32) see Business Law Supply Act, 2003-2004 (Supplementary Estimates No. 4), S.B.C. 2004, c. 10 (Bill22) to provide a supply of funding for the operation of government programs for the 2003-04 fiscal year. Act in force on Royal Assent Supply Act (No. 1), 2004, S.B.C. 2004, c. 11 (Bill 21) to provide for interim supply for the funding of government programs. Act in force on Royal Assent

TAXATION LAW Vancouver Tourism Levy Enabling Act (Bill14) see Business Law

VARIOUS SECTIONS Land Survey Statutes Amendment Act, 2004 (Bill 17) including amendments to the: Coal Act, R.S.B.C. 1996, c. 51; Freedom of Information and Protection of

Miscellaneous Statutes Amendment Act, 2004 (Bill18) amendments made to the: Business Corporations Act, S.B.C. 2002, c. 57; College and Institute Act, R.S.B .C. 1996, c. 52; Community Care and Assisted Living Act, S.B.C. 2002, c. 75; Corporation Capital Tax Act, R.S.B.C. 1996, c. 73; Crown Proceeding Act, R.S.B.C. 1996, c. 89; Finance and Corporate Relations Statutes Amendment Act, 1999, S.B.C. 1999, c. 33; Financial Information Act, R.S.B .C. 1996, c. 140; Freedom of Information and Protection of Privacy Act, R.S .B.C. 1996, c. 165; Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57; Hydro and Power Authority Act, R.S.B .C. 1996, c. 212; Interpretation Act, R.S.B .C. 1996, c. 238;Jury Act, R.S.B .C. 1996, c. 242; Land Title Act, R.S.B.C. 1996, c. 250; Miscellaneous Statutes Amendment Act (No. 2), 1999, S.B.C. 1999, c. 38; Private Managed Forest Land Act, S.B.C. 2003, c. 80; Royal Roads University Act, R.S.B.C.

J une 2004 BARTALK




1996, c. 409; Social Workers Act, R.S.B .C. 1996, c. 432; Tobacco Sales Act, R.S.B.C. 1996, c. 451;

Transmission Corporation Act, S.B.C. 2003, c. 44; Trinity Western University Act, S.B.C. 1969, c. 44; University Act, R.S .B.C. 1996, c. 468; Workers Compensation Act, R.S.B.C. 1996, c. 492. Specified sections come into force on Royal Assent, on specified dates or by regulation

Sustainable Resource Management Statutes Amendment Act, 2004, S.B.C. 2004, c. 12 (Bill15) amendments made to the: Assessment Act, R.S.B .C. 1996, c. 20; Freedom of Information and Protection of Privacy Act, R.S.B.C . 1996, c. 165; Land Act, R.S.B .C . 1996, c. 245; Land Title Act, R.S.B.C. 1996, c. 250; Local Government Act, R.S.B .C . 1996, c.

323; Ministry of Lands, Parks and Housing Act, R .S.B.C. 1996, c. 307; Property Transfer Tax Act, R.S.B .C . 1996, c. 378; University Endowment Land Act, R.S.B.C. 1996, c. 469. In force on Royal Assent except for specified sections which come into force January 21, 2005

REPORTS AVAILABLE BUILDING BETTER REPORTS: OUR REVIEW OF THE 2002/03 ANNUAL SERVICE PLAN REPORTS OF GOVERNMENT, REPORT 7 !MARCH 20041 Source: Office of the Auditor General. Available at: bcauditor .com/AuditorGeneral.htm

2 Summer Conferences


INDUSTRIAL INQUIRY COMMISSION REPORT ON STUDY LABOUR ISSUES IN THE B.C. FILM INDUSTRY !MARCH 20041 Source: Ministry of Skills Development and Labour. Available at: /reportswebsite!TysoeReport.pdf.


ASSOCIATION'S 16TH ANNUAL MEETING program will assist in-house counsel as they plot the new frontiers to deal with legal developments and global business challenges. Set for August 15-17 in Winnipegconcurrent with the CBA CLC [below)- this year's program features exc iting approaches to workshops, including two-part training sessions on mastering negotiation, tackling tough drafting issues, and understanding financial statements and va luations. Details: e-mail cccaraccca-cba .org or visit The 2004 CBA CANADIAN LEGAL CONFERENCE in Winnipeg, [August 15-17) will include 28 exciting educational programs. Topics offe r the latest in trends and developments in many areas of law, including: cross-border issues for snowbirds; practis ing before admin istrative tribunals; employment law developments; winning advocacy skills; and the fifth annual technology primer. Register before June 30 to save$. Details:


BARTALK June 2004

REPORT ON APPOINTING A GUARDIAN AND STANDBY GUARDIANSHIP !MARCH 20041 Source: BCLI. Available at: projects/ guardian/Appoint -Guardian. pdf.

TEST FOR PRODUCTION OF DOCUMENTS UNDER RULE 26111 OF THE SUPREME COURT RULES !MARCH 20041 Source: Supreme Court Rules Revision Committee. Available at: BT



Limited Liability Partnerships A reality at last in B. C.

On April 27, 2004, the B.C. Government intron 1998, as a result of B.C. not having limited liability partnership (LLP) legislation, the CBABC duced in First Reading the Partnership Amendment Professional Liability Committee, chaired by Act, 2004 (Bill 35). Bill 35 provides a full shield from William McAllister, QC of Vancouver, reviewed liability to not only lawyers and other professionals, the viability of LLPs. The Committee recommended but to businesses as well. Under Bill35, an LLP partto the CBABC Provincial Council that a proposal be ner is protected from legal liability except where made to government to amend the Partnership Act to there has been a negligent or wrongful act or omispermit the creation of LLPs in order to provide sufsion of that partner or employees of the partnership. ficient protection to the public and to amend the Under Bill35, to become an LLP requires a writLegal Profession Act to permit lawyers to carry on the ten partnership agreement and a certificate of registration by the registrar at the government corporate practice of law within a LLP. In 1999, the CBABC Provincial Council acceptregistry. To protect the public interest, Bill 35 ed the Committee's recommendations. Under the auspices of the CBABC Legislation and Law "Bill 35 provides a full shield from Reform Committee, a Limited Liability Partnership Committee, liability to not only lawyers and other chaired by Carman Overholt, QC of professionals, but to businesses as well." Vancouver, began the complex work of reviewing law and policy and drafting legislation in order to implement the requires all LLPs to register with corporate registry, Provincial Council's recommendations. to add the letters "LLP" to their business name and In the Spring of 2001, the CBABC submitted a to notify clients of their change in status as an LLP. proposal to the B.C. Government to make amendBill 35 also permits extraprovincial LLPs. ments to the Partnership Act to permit lawyers and For lawyers to become LLPs, Bill 35 amends the other professionals to enter into LLPs. The CBABC Legal Profession Act to expressly permit the Law proposed to protect innocent partners from legal liaSociety of B.C. to regulate and authorize B.C. bility arising out of the misconduct of their partners lawyers to register as LLPs in B.C. Accountants and while at the same time protecting the public interest. notaries likewise have had their legislation amended LLPs in general, provide legal protection from to permit LLPs. liability for partners in partnerships. That liability Bill 35 passed Third Reading on May 4, 2004. shield protects the debts of the partnership as well as Bill 35 comes into force by regulation. for the actions of other partners. In this way, the liaThe time, energy and money invested by the bility protection is similar to that of incorporated CBABC and our volunteers, in developing and procompanies. LLPs are common in other common law moting this law reform proposal has yielded great jurisdictions, including the United States. In Canada, success. We thank all those involved in helping notably Alberta and Ontario have had legislation for achieve this result, and the Minister of Finance and years permitting LLPs for lawyers. B.C. has had no his staff for making LLPs a priority in the current such LLP legislation. legislative agenda. BT


June 2004 BARTALK




Law Society Practice Fee Referendum In support of the Canadian Bar Association

racy, an independent judiciary... he determination as to the Canadian public has benefited whether the Law Society from the CBA's commitment and should require all practiscontribution to the preservation of ing lawyers to pay an the laws that protect and promote amount equivalent to the Canadian Bar Association mempublic legal education, and fairness in people's rights and uniforbership fee, whether or not they are members of the CBA, should mity of provincial legislation." In the end, surely this is the be answered affirmatively. I respectfully suggest that core justification for CBA's existence, and the Law Society's there are five criteria by which John D. McAlpine, QC is a past your deliberations should be govrequirement that all practising president of Canadian Bar erned. I also strongly recommend lawyers contribute to its fees. Association, B.C . Branch that before casting your vote, you 2. THE PRINCIPLES OF DEMOCread the judgment of Mr. Justice RACY AND THE BALANCE OF INDIVIDUAL AND Taylor in Gibbs v. The Law Society of B.C. handed COLLECTIVE RIGHTS. down on December 17, 2003. Opposition to mandatory payment is often based 1. THE CORE VALUES OF OUR PROFESSION upon an invocation of the rights of the individual. For example, Mr. Gibbs framed his position at the Dean Emeritus Roscoe Pound of the Harvard Law annual meeting of September 19,2003 in this way: "It School defined the term "profession" as: "the concepis true that taking my money when I don't want to tion of a group of men [and women] pursuing a comgive it will make the CBA financially stronger, but mon calling as a learned art and as a public service it's not entitled to that strength. It's got to earn it by no less a public service because it may incidentally be appealing to me and to others who are like-minded a means of livelihood ...Historically, there are three that they have merit and that they have value for ideas involved in a profession: organization, learning, money, and if we say no to that, our money stays in and a spirit of public service. These are essential. The our pocket." remaining idea, that of gaining a livelihood, is inciI respectfully suggest that such a view does not dental." adequately account for the principles of democracy It is important to note that Justice Taylor made and the rights of lawyers as a collective. In the the significant finding in Gibbs, supra, that the Reference Re: Public Service Employee Relations CBA's functions are "directed towards the public in Act (Alberta) 1987, Justice Dickson, as he then was, the sense that they deal with reform of the law and its quoted the famous words of Alexis de Tocqueville in administration, (and) educate and update lawyers ... " Democracy in America (1945), vol. 1 at p. 196: "The As to the national functions, he quoted from Justice most natural privilege of m an, next to the right of Lamer, CJC, as he then was, from a preface to the acting for himself, is that of combining his exertions CBA publication called A Century of Service. "A with those of his fellow creatures and of acting in foundation stone to any democracy is an independcommon with them. The right of association thereent Bar - which the CBA is - and that foundation is fore appears ... almost as inalienable in its nature as the necessary for another important aspect of any democ-



BARTALK June 2004


right of personal liberty. No legislator can attack it without impairing the foundations of society." Justice Dickson went on to say: "What Freedom of Association seeks to protect is not associational activities qua particular activities, but the freedom of individuals to interact with, support, and be supported by, their fellow humans in the varied activities in which they choose to engage." In our daily lives, we exercise our collective right by meeting, engaging in vigorous debate and notwithstanding the diverse views expressed, the individual member governs himself by the vote of the majority. It is that underlying commitment of the individual to the process and to the result of democratic debate that governs our lives. It is in this way, that for 55 years, without interruption, the principle of universal membership of the CBA has been affirmed and reaffirmed at the annual meetings of the Law Society. How best can the individual rights and the collective rights of members be balanced and reconciled consistent with the principles of democracy? I suggest that the CBA has already answered that question by adopting the formula devised by a great judge, Mr. Justice Rand, that fairly balances the rights of an individual with the collective rights of an organization.

3. CBA'S ACCOUNTABILITY TO ITS MEMBERS Speaking in Montreal in 1972, the then President John L. Farris, QC, opined on the "value of discontent" saying: "The times in which we live are characterized by a challenge of old established standards, institutions, customs and canons of morality. Personally, I do not find this challenge disturbing. It seems to me quite legitimate that all institutions, all systems, all beliefs should be called upon to justify themselves and they are continually. To the extent that they fail, they should be abolished, changed or modified." The accountability of the CBA to its members must be full and effective. Effective accountability is a cornerstone of democracy. If there are failures, then the CBA's feet should be put to the fire. But what changes or modifications should take place? The proper forum for criticism and advocating change is surely through debate and resolution. This is the


democratic way to bring about change and greater accountability.

4. THE VIRES ISSUE In the result, Justice Taylor in Gibbs v. Law Society of B.C. held that the universal contribution of lawyers practising in B.C. to the funding of the work of the CBA was "not inconsistent with the objects and duties of the Society." The decision of the majority of the members at the annual meeting in favour of universal contribution was held to be intra vires. The issue before the annual meeting is the identical issue posed in the referendum question today.

5. CAN WE AFFORD NOT TO SUPPORT THE CBA? In July, 1947, the members of the Law Society cast their votes for universal membership. Elmore Meredith, a former President of the Law Society, spoke of the aim of creating a fully organised bar comprising not simply the members of the B.C. bar, but the bar of Canada. He foresaw that if the Bar of Canada spoke with one voice, it might well have a determining effect on national issues. He also saw the benefit of this step as relieving the B.C. branch of CBA from its almost primary concern and the constant pressure to recruit new members. He viewed this step as a way of removing membership from the elite to include the rank and file of the profession. The CBA has a measure of independence that the Law Society, given its major role of governance, does not have. On issues such as legal aid, solicitorclient privilege, money laundering and anti-terrorism legislation, Sarbanes-Oxley, WCB rates for lawyers, the PST on legal fees, and myriad other issues, the CBA has been the strong voice of our profession.

CONCLUDING REMARKS I am conscious of the impact of fees upon the membership of our profession particularly in tough economic times. However, the justification for an affirmative answer to the referendum question rests upon the fulfilment of core professional values both consistent with democratic principles and necessarily subject to CBA's full accountability to its members. It is my hope that once the referendum vote is taken and a decision made, the issue can be placed behind us . Let us move on. There is much to be done. BT

June 2004 BARTALK




Tradition or Free Choice? Mandatory CBA payments no longer serve the profession

were relatively few lawyers in good first step in any those provinces and CBA memdebate is to define the bership fees were about $5.00 per question. The issue for year per lawyer. At least one consideration by the Bencher of the Law Society of members of the Law Society of British Columbia expressed the British Columbia in the upcoming hope that other provincial law referendum is not whether the societies would manifest their supCanadian Bar Association is a port for the CBA in the same fashworthy recipient of our financial contributions. (For the sake of wn. However, the other law sociargument, I am prepared to A. Cameron Ward, a Vancouver eties did not follow suit. New acknowledge that it is.) Rather, the civil litigator, has been a Brunswick and British Columbia question is whether the Law member of the CBA since Society ought to compel every one remain the only provinces where 1984. of its members to pay an annual lawyers have been obliged to pay amount to the CBA as a condition CBA fees to obtain a provincial of maintaining his or her entitlement to practise law practising certificate. In the other eleven Canadian in the province. In my view, it is unfair and wrong jurisdictions, lawyers are free to choose whether to join or financially support the CBA. Ontario briefly for it to do so. A bit of background is in order. The CBA is a flirted with a mandatory membership scheme in venerable and respected national organization based 2000, but the Benchers voted against exploring the in Ottawa. It describes itself as the "voice of the legal idea. Here in British Columbia, dissatisfaction with mandatory CBA fees can be traced back to about 1970. Since "... the question is whether the Law then, five separate lawsuits have been Society ought to compel every one of its issued by lawyers who challenged the Law Society's ability to force its memmembers to pay an annual amount to bers to join or pay the CBA. I filed one the CBA as a condition of maintaining of them, alleging that the mandatory membership scheme violated the Legal his or her entitlement to practise law in Profession Act and the Charter of Rights. the province." I agreed to settle the proceeding after the Law Society and the CBA permitprofession" and has branches in each of the provinces ted British Columbia's lawyers to opt out of CBA and territories; 13 in all. About 50 years ago, the law membership. Law Society members were still societies of British Columbia and New Brunswick obliged to pay "equivalent to membership" fees to decided to include CBA membership fees as a comthe CBA, a practice that was challenged in a proceedponent of the practice fees payable by their members. ing filed by former Law Society President Richard In that era (just after the end of World War II) there Gibbs, QC. On December 17, 2003, the Honourable



BARTALK June 2004



(TLABC), the Legal Education and Action Fund Mr. Justice Taylor dismissed Mr. Gibbs' Petition and (LEAF), the British Columbia Civil Liberties Mr. Gibbs has appealed to the Court of Appeal. So, Association (BCCLA) are but a few examples of while the Supreme Court of British Columbia has organizations who should enjoy more support from decided (subject to appeal) that the Law Society can extract CBA payments from its members, the memthe legal profession. Why does the Law Society bers themselves will be asked whether it should do anoint only the CBA as the recipient of its members' so. largesse? To be impartial, the Law Society should In my view, there seem to be two arguments in decline to be a fundraiser for anyone. favour of retaining compulsory payments; tradition and need. That is to say, there is a 50 year tradition of all "A vote against mandatory CBA British Columbia lawyers funding the payments is not a vote against the CBA; CBA and the CBA says it needs these contributions in order to do its work . rather, it is a vote for free choice, Neither of these arguments seem particprogressiveness, fairness, logic, ularly compelling to me. If society remained bound by tradition, women accountability and a stronger CBA." would be denied admission to the Bar and male lawyers would be wearing wigs in court. On the money issue, I am not aware of It is illogical for lawyers practtsmg m British the CBA facing any budgetary challenges, even Columbia to have to pay CBA fees when lawyers elsewhere in the country do not. This is especially the though lawyers in 11 of 13 national jurisdictions contribute to it on a purely voluntary basis. The CBA has case now that lawyers enjoy increased mobility about 38,000 members, about 10,000 of whom pracbetween provinces. Imagine two lawyers living a tise in British Columbia. If the average annual fee mile apart on opposite sides of the provincial boundpayment is, say, $400 per member, that means that ary between British Columbia and Alberta. Each the CBA receives about $15.2 million per year from may have similar practices that require them to spend about half the year in the other province, as Canadian lawyers, students and judges. Even though some of that money is shared with the branches, that permitted by the new interprovincial mobility protocol. The British Columbia lawyer would have to pay is a pretty substantial budget. In the unlikely event that a third of this province's Ia wyers stopped paying, about $500 to the CBA to stay in business, while the Alberta lawyer would not. For a profession that the CBA should still manage to get by. On the other hand, there are a number of reasons prides itself on logic, that seems a bit perverse. to allow members to choose for themselves whether Any society that enjoys a guaranteed revenue to pay fees to the CBA. The Law Society and the stream may become complacent, lose touch with its CBA are, and should be, separate bodies. The Law members and lack accountability. If the CBA knows Society has a distinctive regulatory role while the that it will get $4 million from British Columbia CBA is an advocacy group. If the demarcation lawyers no matter what it does with the money, both between the two organizations becomes blurred, the national and branch offices could cease to be then the Law Society's ability to perform its goveraccountable to the membership. As Mr. Justice LaForest said, "society cannot expect meaningful nance function could be attacked. There may be members of the Law Society who contributions from groups or organizations that are disagree with some or all of the CBA's policy posinot truly representative of their memberships' convictions and free choice." tions. They should not have to pay up to $500 per year to support an organization whose views conflict A vote against mandatory CBA payments is not with their own. There are plenty of advocacy groups a vote against the CBA; rather, it is a vote for free that may be worthy of lawyers' financial support. choice, progressiveness, fairness, logic, accountability The Trial Lawyers Association of British Columbia and a stronger CBA. BT

June 2004 BARTALK



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CBA Advertising Campaigns 2004 Spotlight on the role of lawyers in community and business The Canadian Bar Association has two advertising campaigns underway throughout the Spring of2004. First, the national television and print ad featuring lawyer Ritu Banerjee and highlighting the contributions that lawyers make to society. This campaign was developed in response to identification of "image of the profession" as the single issue of most importance to CBA m embers. The ad campaign is being featured in television programs across the country, as well as local newspapers and magazines. The second ad campaign is specific to B.C., directed squarely at the business community. It features information about two important pieces of legislation - the B.C. Business Corporations Act and the Personal Information Protection Act - and promotes the role of lawyers in assisting businesses both with ensuring compliance and realizing benefits from the new legislation. This ad is being run in B.C. Business magazine and in all daily newspapers in the province, including the business sections of the Vancouver Sun, Vancouver Province and Victoria Times -Colonist.

Is Your Business At Risk? AU businesses in BC must be in compliance with two important new pieces of legisl ation: the BC Business Corporations Act and the Personal Information Protection Act. Amo~g the many changes th at may affect you: BUSINESS CORPORATIONS ACT


• Every BC business must take forms! transition 5lops Including the fi ling of a "lcansilion application". Failure to do so is grounds for tho Registrar of Compan ies to dissolve a company.

• Residency roqulroment!'l for diroclors of BC companies have boon e liminated. as have tho roquhemonts to havo 11 prosidont and secretary. You may wish to review your articles, make directorship changes and/or elim inate some positions ns a result. • Changes bove boon modo to provisions rogarding consont resol utions and to lndomniRcallon for directors and officers. Existing articles of your company, and any existing lndomnlficntlon agrcomonts, should be rev iewed nnd amended If necessary. Legal rcl\'lew cnn identify required actions for compliance, as well as opportunities for your business to benefit


BARTALK June 2004

making a difference.

"'I'm proud to be a lawyer. It's satisfying to find solutions that benefit my clients. I'm also committed to giving back to the community. That's why I volunteer my time to teach young people about Canada's legal system. and the rights and opportunities it affords w all."

• PIPA provide! new roqulmmon~ for how BC buslnruJsos and organh.:atlons colloct , use ancl disclo!!c pononnl information of their

Discover the many ways Canada's lawyers are serving their clients and their communities.

CUIItomcrll and omp loyoc11, Includi ng contnct informatlon, financial information and

buyi ng pnt loms. • PIPA requires BC busl ne!l.!ltM to: (1) designate

a person in tho orgoni7.ation 1'65ponsiblfl for ensuring that the orgonir.ation complie." with PrPA, (2) develop a privscy policy for the organir.ation and {3) develop and manage a complaint process for the organization dealing wilh personal in formatio n. • If BC businesses don 't manage personal in formation corroct ly, they nre .'l ubjecl to j!Anct ion by the lnfonnntion Rnd Privacy Commissioner o f British Columbia, including publ iCRtion of their brooches of the Ad .

from tho now logitllltlon.

Protect Your Business ...

Canada's lawyers are

Consult a Lawyer


OU lo\lllAU (ANADI(N



March 12, 2004 Dear Mr. Attorney: I write to advise you that at its most recent meeting on March 6, 2004, the Provincial Council of the Canadian Bar Association BC Branch resolved overwhelmingly to support the members of the Crown Counsel Association and call on the Government of BC to implement the Taylor arbitration award .

On February 12, 2004, the Attorney General filed in the Legislature the government's response to the arbitration award to Crown Counsel as proposed in the "Taylor Report." The response was a rejection of any increase in compensation for Crown Counsel, contrary to the Taylor award. The Crown Counsel Association presented the matter to CBABC Provincial Council on March 5, 2004, and Council directed that President Brun write to the Attorney General in support of Crown Counsel members. Here is the wording of the letter.

Those who are elected to represent the 10,000 lawyers of British Columbia believe that the Crown Counsel of BC have conducted themselves in good faith, binding themselves to the outcome of arbitration, and are long overdue for an adjustment in their salary range that not only reflects the market realities of their profession but also protects the government's ability to attract and retain high quality lawyers in service to the Crown. We recognize that there are fiscal constraints upon the government. However, we also recognize that the effective processing of legal disputes in criminal matters requires that the government provide adequate resources to support the legal expertise required for this task. In our view an efficient and experienced Crown Counsel service is also cost effective. There are many facets to the justice system, but the work of Crown Counsel is the anchor on which all other parties rely. I can report to you that at the meeting at which this matter was discussed, there were representatives from all regions of the province, all areas oflaw, and perhaps, most significantly, from the defense bar, who rose to offer their unequivocal support and admiration for BC's prosecutors. Without question, there is a recognition that this is a group of professionals that requires an urgent investment of resources for our justice system to work. As a government which has declared itself dedicated to improving the justice system, and to improving outcomes inside and outside our courts, the Taylor arbitration award offers an opportunity to put that commitment into action. We ask that the government implement the Taylor award, without delay. Yours truly,


Robert Brun, President Canadian Bar Association, British Columbia Branch

June 2004 BARTALK




Marketing & Memberships Active participation brings rewards

People get discouraged too early. I ands up, how many of look at this as a long term you who are on a board approach that will bear fruit over or hold a membership the course of my career." want to get more from Where to start? Try the your involvement? CBABC. Consider the Lawyer Evaluating how you spend Referral Service, Section memberyour limited non-billable time ship or presidency of a local or could bring you significant busicounty bar association. development rewards. ness Oliver Hui, Wilson King & Consider how you can make the Company, has been President of most of the time you've committed Susan Van Dyke, Prin cipa l, the Prince George Bar Association to a board or organization. Hint: Van Dyke Market ing & for approximately seven years. "As get involved. Really involved. Communications, is a law firm market ing consulta nt. She can president, I've built networks that Direct your energy toward the be reached at 604-8 7 677 69 or have provided indirect benefits." biggest return. Start by choosing svandyke@telus. net In this role, O liver welcomes new one thing and do it big. appointments to the bench, Maximize the value you bring by making as significant a contribution as possible attends social events for lawyers and generally gets to better to have a productive, profile-building one-year know others in the community well. term than a lukewarm couple of years. Make it your He has positioned himself as a leader and goal to be remembered as someone who is solutionundoubtedly received new work as a result. How oriented, knowledgeable and reliable. As you attend much, though, is anyone's guess. Agency business meetings or events, ask yourself, "Am I a spectator or from other communities is an unexpected benefit. a participant?" (Warm seats count not, dear reader.) "Some areas of the province are under-serviced and Norman Streu of Alexander, Holburn, Beaudin firms need agents in other regions," says Oliver. & Lang knows how to go big. He chairs the CBABC Paul Pearson of Mulligan Tam Pearson, became Construction Section, and the Board of Vancouver President of the Victoria Bar in January after four Regional Construction Association and is a B.C. years on the executive. Paul makes contact with others in the community he might not have otherwise Construction Association director. Here's a lawyer who pens columns, emcees industry events and met. "I've been making contact with other organizaspeaks at well-attended monthly meetings. He reaps tions- accountants, for instance- which, as a crimienviable marketing, educational and collegial benefits. nallawyer, I wouldn't normally do." "I would never have met the industry leaders I Victoria Shroff, Shroff & Associates, has particinow know without the credibility of these roles . pated in the Lawyer Referral Service since 1997. "I Some people are hesitant to get involved because of looked at this as a way of giving back," says Victoria the perceived work load, but it's worth it," says of her involvement. I don't participate for the ecoNorm of his responsibilities. "If you keep within nomic benefit. . . I do it to help callers understand your limits and make the most of your role the their rights and responsibilities. That's my platform." work's not onerous," he says. "It's a great way to genNorm, Oliver, Paul and Victoria: when they get erate opportunities, but it's a cumulative effect. involved, they go big. BT



BARTALK Jun e 2004



Top 10 Citation Tips Be letter perfect with the help of this guide

hile it may seem that graph numbers rather than page only a stickler (or a numbers as pinpoint references. legal research lawyer, 5. It is permissible to include a which admittedly is copy of a case obtained from an often one and the same) would electronic source (e.g., Quicklaw) think that a properly cited case is in your book of authorities as long really that important ... it actually as you provide the citation for the is that important. reported version of the decision. A complete and accurate cita6. Quicklaw cases are cited as tion makes it possible to locate the follows: Brigade v. Stempler [2001] decision and also conveys imporB.C.J. No. 224 (Q.L.)(B.C.C.A.). tant information about the case 7. ÂŁCarswell cases are cited as (date, court level, and jurisdicfollows: Bancroft v. Pierce, 2001 tion). Carswell Ont 224 (C.A.)(WLeC). Sarah Picciotto is the owner If a citation is not complete, and senior research lawyer of 8. Neutral citations are cited the reader might be clueless as to OnPoint Legal Research as follows: Ikeda v. Mitchell, 2000 [www.oplr.coml. a firm that whether a case was heard in B.C. BCSC 3; Hummings v. Richmond, completes research projects or Newfoundland, or by the 2001 BCCA 39. There is no puncand drafts memoranda and Supreme Court of Canada or a tuation other than the comma argument for other lawyers in provincial court. after the style of cause. A neutral the both the private and public The following 10 tips answer citation with a paragraph refersector. She can be reached at frequent queries about proper case is cited as follows: Crofton v. ence 604-879-4280 or through citation: Stilton, 1998 BCCA 11 ' 4. 1. The citation needs to give 9. If a case has been assigned a the reader the level and location of neutral citation, it should be prothe court. If the reporter series does not provide this vided to the Court, in addition to any other citation. information, e.g., B.C.L.R. gives the location, but not 10. Where there is no assigned neutral citation, the court level), it must appear at the end of the citaunreported cases are cited as follows: Ming v. Windsor tion (e.g., (C.A.)). As a further example, the reporter (12 November 1993), Vancouver Registry, C934562 series C.P.C. gives neither location nor level, so both (B.C.S.C.). BT must appear at the end of the citation (e.g., B.C. C. A.). 2. The comma appears before the date where there are square brackets, e.g., Smith v. jones, [1999] 8 W.W.R. 34 (Sask.C.A.). 3. The comma appears after the date where there This guide is not intended to be a complete source are round brackets, e.g., Herbert v. Thorton (1994), 84 of legal citation. For further information, consult D.L.R. (4th) 214 (Ont.C.A.). the Canadian Guide to Uniform Legal Citation, 5th 4. If a case is reported, you should cite the reported. [Toronto:Carswell, 2002). a.k.a. the "McGill ed version. However, if you are referring to a case Guide" that is in electronic form, it is permissible to cite para-


June 2004 BARTALK




B.C. Law Schools Another awesome mooting year

he UBC Faculty of Law and the UVic Faculty of Law completed another very successful year of competitive mooting, with the following results:


Competition (UBC advanced to the finals in Texas); the International Competition for Online Dispute Resolution (ICODR) Arbitration Moot; and the ICODR Mediation Moot. UBC's advocate team won first place in ICODR arbitration and Moot and its arbitration team placed fourth.

INTERNATIONAL COMPETITIONS UVic won the 2004 American Bar Association (ABA) Client Counselling Competition National NATIONAL COMPETITIONS Championship in Florida, and At the national level, UBC placed Christine Mingie is an moved on to win second place first for the fourth year in a row at assoc iate with Lang Michener. internationally at the Louis M. the Canadian Corporate Securities Brown International Client Law Moot. Teams members were Counselling Competition m Shannon Salter, Lisa Kerr, Catherine Anderson, Scotland. UVic's winning students were Maria Adam Kaminsky and Dino Rossi. Two UBC team Barrett-Morris and Darin Reeves. Law students parmembers won second and third best oralist. ticipated from Australia, Canada, Cayman Islands, UBC placed first at the Canadian Labour U.K., Hong Kong, Malaysia, New Zealand, South Arbitration Competition. Team members were Jesse Africa and the USA. UBC won the regional compeNyman and Ryan Anderson. tition and participated at the national competition in UVic placed first at Canada's oldest national Florida. competition - the Gale Cup Moot, held in Toronto. UBC participated for the first time in the Willem UVic also won the Cory Factum Prize for best facta . C. Vis International Commercial Arbitration Moot Team members were Cameron Elder, Adam Perry, (the "Vis") held in Vienna. UBC placed in the top Aidan Cameron and Gordon Buck. UBC also particone- third in 44th place, competing against 135 law ipated in the Gale. schools from 42 countries. UBC second-year student UBC won best facta award at the Wilson Moot, Wei Kiat Sun was awarded an "honourable menheld annually in Toronto. UBC and UVic also partiction" as top oralist at the Vis. The Vis is the most ipated in the bilingual Laskin Moot and in the prestigious private international law moot. It was Ka waskimhon Aboriginal Moot. won this year for the first time by a Canadian law REGIONAL COMPETITIONS school (Osgoode). Several local moot competitions were held including UBC and UVic participated in the Canadian the B.C. Law Schools Competitive Moot, the elimination round of the Philip C. Jessup Western Canada Moot Competition (Macintyre International Law Moot Court Competition. UVic Cup) and the Peter Burns Moot. UBC won the B.C. finished fourth among 17 participating Canadian Law Schools Competitive Moot this year. law schools. UBC finished in eighth place. The CBABC congratulates UBC and UVic for a UBC participated in three additional international moots this year: the ABA Negotiation succesful mooting year. BT


BARTALK June 2004


Practicelink: Finding the Perfect Laptop Sandra Schulz's popular "Packing My Own 'Chute" series continues with helpful hints and useful advice on buying the perfect laptop for your home office. PracticeLink has an ever-evolving collection of quick tips, covering topics such as client services, finances, technology; it's worth checking often. View the "Packing My Own 'Chute" series and much more at .

The Electronic Courthouse: ADR Online With the click of a mouse, CBA members can access expert online dispute resolution services. A CBA member service provider, The Electronic Courthouse combines the necessary tools to move from dispute to resolution - right from your desktop. Their service includes a roster of experts and resolution professionals drawn from top North American law firms and trading nations around the world. The Electronic Courthouse guides parties and counsel through an eight-step process that mirrors conventional dispute resolution, but that incorporates forms , templates, model clauses, negotiation support tools, online meeting rooms, translation services, and credit reports - for an attractive flat fee. Services include mediation, arbitration, expert evaluation and negotiation support. To learn more, please contact Andrew Putman at 416-506-0456, or or please visit

CLE Wins National Acclaim Congratulations to B.C.'s CLE Society, which has received national acclaim for its innovation and partnership with Microsoft in publishing online CLE materials. (see Seeking to "revolutionize legal research", the CLE Society wanted to develop a system that would make its massive reference books easily searchable and extensively hyperlinked, so that users could instantly click through to related information. Thus a lawyer could click directly from a chapter in CLE's

online "practice manual" to every other pertinent reference in the book, to relevant precedents, to a decision on a court Web site, or to the relevant legislation on a government site. As a result of their work, six of CLE's most popular manuals will soon be available online (Real Estate Practice, Family Law Practice, Family Law Sourcebook, Company Law Practice, Motor Vehicle Accident Claims Practice, and Probate and Estate Administration Practice). Watch for an announcement from CLE.

Once is never enough! If you have changed firms, changed addresses, have a new e-mail address or phone/fax number, you need to let us know. Letting the Law Society in on the secret is not enough! Contact us at, phone 604- 6873404 or fax 604-669-9601. Or toll free phone 1-888-687-3404 or fax 1-877-669-9601 .

June 2004 BARTALK


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8th Annual CBA/VBA Golf Tournament Back FORE more, June 24! Join fellow members of the legal profession on Thursday, June 24, 2004 in a funfilled day of golf and prizes at the 8th Annual CBA! VBA Golf Tournament! Hit the links, network with colleagues and support CBA Student Awards. Registration is $155 [incl. GST) and includes 18 holes of golf ["" Best Ball路路 Format). lunch, beverage voucher, buffet dinner, silent auction and lots of prizes! Registrat ion deadline is June 17, 2004- call your favourite golfers and assemble your foursome soon! Proceeds from this tournament fund an annual award for both a UBC and UVic Law Student who best exemplify the ideals served by the CBA. For more information contact Andrew Mugridge at 604-646-7855 [a .

Microsoft Strategist Meets Computer Law and Freedom of Information and Privacy Sections A recent joint meeting of the Freedom of Information and Privacy Law and the Computer Law Sections featured guest speaker Peter Cullen, Chief Privacy Strategist of Microsoft and formerly Chief Privacy Officer of the Royal Bank of Canada. Members in attendance heard Mr. Cullen's presentation on the topic "A Canadian CPO at the frontiers of computer technology: Privacy, Customer Trust and Dilemmas - the new reality." Mr. Cullen raised several issues including the differences of Canada's provincial and federal privacy legislation and the U.S. legislation. Various issues are at play, including state rights as opposed to federal rights and things being done for political reasons. A copy of Mr. Cullen's presentation at this March 25, 2004 joint meeting is available at for registered members in the Computer Law and Freedom of Information and Privacy Law Sections.


BARTALK June 2004

Lawyers Assistance Program e e LAP provides confidential support, coun-


selling and referalls for lawyers, their families, support staff, judges and stuLAPBC dents suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem. For assistance or information on meetings and resources please call 604-685-2171 or toll free 1-888-685-2171. The LAP office address is: 415-1080 Mainland Street, Vancouver, B.C. V6B 2T4. Visit LAP online at

The Battle of the Bar Bands returns to the fabulous Commodore Ballroom on Friday, June 11th. Call 604-646-7855 for tickets.

New directions, terrific results Law Week Committee Chair Stephen Cooke sums up the Law Week activities organized by the CBABC. 5K FUN RUN/WALK AT UBC On Sunday, April 4 an inaugural Walk/Run was held. About 60 people participated in what was, on a lovely Spring morning, a great family-oriented event. It went well for a first-time affair. Next year should see the wrinkles ironed out and, hopefully, a greater number of participants. PUBLIC FORUM ON STREET CRIME AND THE JUSTICE SYSTEM On Wednesday, April14, the CBA and the Street Crime Working Group co-sponsored a public forum on Street Crime and the Justice System, hosted by CBC's Ian Hanomansing. The Forum featured guest speakers Julius Lang, of the New York Center for Court Innovation, and James Hayden, a District Attorney from Oregon. VANCOUVER OPEN HOUSE On Saturday, April 17 (the anniversary of the Charter of Rights and Freedoms), we celebrated Law Week with an Open House at the Vancouver Law Courts. Use of that location enabled the Law Week Committee to hold a number of events: displayers in the Great Hall; the Barry Sullivan Public Speaking Competition; and an elementary-school mock trial in the courtrooms. But most fitting for this year's theme of Diversity: Celebrating Your Right to Be Unique was the Citizenship Court over which Thomas Berger QC, OC presided in which 80 individuals from 37 nations became Canadians. We were also delighted to hear from the chief judges from our three levels of courts, along with Attorney General Plant and President Robert Brun. The Law Foundation of B.C. and the Vancouver Bar Association, sponsors of Law Week with the CBA, were represented by, respectively, Professor Heather Raven and Michael Bain.

DIAL-A-LAWYER Also on Saturday, April 17, we held the popular Dial-A-Lawyer Program. About 30 lawyers answered calls at the CBA office, giving free legal advice in a number of areas of law. STUDENT ACTIVITIES There were several student activities. We tried a pared-down Student Mentor Program this year to ensure that we had enthusiastic participants. It worked well, but the Law Week Committee would like to see greater involvement from the legal community. The winners of the student contests were: Photo, Ashley Ekelund, South Kamloops; Public Speaking, John Dominic, Mission Secondary; and Short Story, Katrina Wiggins, Sardis Secondary. Law Week moved in some new directions this year, with some terrific results. Many thanks to all those judges, lawyers, and members of the public, who volunteered their time to make Law Week 2004 such a great success. Thanks also to those who organized events in Duncan and Kelowna. BT Top left: CBA

members Tara Campbell and Jonathan McCullough participate in the Run/Walk with their three daughters. Top right: A clerk

addresses the citizenship ceremony. Lower centre: Public speaking participants stand with Attorney General Geoff Plant (front, third from right) and Law Week Committee member Maggie O'Shaughnessy (front, third from left).

June 2004 BARTALK





Bar Moves 1': 71 Have you recently changed firms or opened a new firm? Send submissions [maximum 25 wordsl to Bar Moves at

After 16 years with Crown Counsel, OLIVER BUTTERFIELD has opened a law practice in Kelowna, restricted to criminal law and related areas.

LISA EASTWOOD has joined PricewaterhouseCoopers, Vancouver in their International Tax Practice. JAMES S. HUTCHISON, LORENZO G. OSS-CECH and BARRI A. MARLATT, are pleased to announce the establishment of their new full service law firm, Hutchison Oss-Cech Marlatt. MISTY HILLARD joins them as an associate. DONALD KISLOCK has resumed practice in Victoria.

What a move! Greg Pun !crouching) has returned from his Aikido sabbatical in Japan.

GLENN LAUGHLIN, formerly corporate counsel for Lordco Parts Ltd., has opened a new practice in Port Coquitlam focussing on business law and real estate law. JOHN MCLEOD recently joined Irwin, White porate and securities law.


Jennings where he will continue to practise in the areas of cor-

GREG PUN recently returned to Alexander Holburn Beaudin & Lang and his practice in legal research and appellate advocacy work, following his 2003 sabbatical in Japan where he obtained his black belt and instructor licence in Yoshinkan Aikido. JOHN ROBERTS has joined Sliman, Stander & Company's Langley office. He will continue to practise corporate/commercial litigation, construction law, and foreclosure law. Since completing his articles at Lawson Lundell, RYAN ROSENBERG has joined Larlee & Associates in Vancouver where he practises in all areas of immigration law.

MATTHEW TAYLOR recently joined Wilson & Partners LLP, a law firm affiliated with PricewaterhouseCoopers, where he will specialize in the law of corporate taxation. CHARLES M. WEILER has joined the law firm of Laxton & Company as an associate in their litigation practice.


BARTALK June 2004


JASON KRUPA and LAURA DE MUNAIN, both of Davis & Company, have received Vancouver Police Certificates of Merit for their actions on May 27, 2002. The two were jogging in Vancouver's Stanley Park when they came across 22-year-old Ji-Won Park lying apparently lifeless in a ditch. While Laura went for help, Jason resuscitated Ji-Won. Jason and Laura were assisted by John Lightowlers who, unbeknownst to them, had pursued and detained Ms. Park's attacker. Jason, Laura and John were recognized for their actions at the annual chief constable's commendation ceremony in April.


OBA Trip Delights Bar Members Margaret Ostrowski, QC just returned from an OBA trip to southern India and Sri Lanka. This is a brief account of the trip.

The sun was hot, the five-star hotel rooms were cool and our fellow travelers became our friends. My husband and I recently returned from an 18-day convention organized by the Canadian Bar Association, Ontario Branch (OBA), in southern India and Sri Lanka. We highly recommend the trip to all members of the bar. It was a great group- 63 travelers in all- including 40 lawyers and three members of the judiciarythe youngest traveler was 14 and the oldest was an 82-year-old practising lawyer! Our first stop was one of eight cities we visited on the convention and Margaret Ostrowsk i, QC, a tour. After a 20-hour plane ride from Vancouver, we landed in Chennai CBABC past president, visits and were whisked off in air-conditioned buses to a beach resort where we an elephant orphange. were greeted with flower lais and cold drinks. We were treated to an Indian buffet, a swimming pool on the Bay of Bengal, and an introduction to Indian history and culture. Young Lawyers Enjoy Evening Event The next day, we traveled to the With Chief Justices World Heritage Site of the shore temples of Mamallapuram, and then to a On Apri/20, 125 young lawyers gathered to hear from the Han. Chief justice Finch, the Han. Chief justice Brenner, and the Han. ChiefJudge reception and dinner with guests from Baird-Ellan. fohn Brine1; Section Treasurer, describes the event: the Madras Bar Association. This was one of many stops that included recepThe evening was hosted by the CBABC Young Lawyers-Vancou ver tions and dinners with members of the Section, and offered a wonderful opportunity to socialize informalbar in each city, panel discussions, a tour ly with the three justices and other young lawyers over cocktails of the High Court of Kandy and and dinner. More importantly, the three justices provided imporMumbai, visits to botanical gardens, tant practice tips, hints, and lessons, by way of speeches and a temples, shrines, a synagogue in Goa, lively Q & A session. Mysore Palace, elephant orphanage, tea Chief Justice Brenner highlighted the qualities a lawyer must plantation, spice garden, small village, possess, includ ing the importance of collegiality, and the ability to train ride and of course, shopping for work and communicate with others in the legal community and in silks, carpets, gems, wooden elephants, front of the bench. Chief Judge Baird-Ellan provided practica l tips and anything else you can think of. We when appearing before the bench and gave useful accounts of all came back loaded down, and many courtroom "'transgressions" of both lay litigants and junior had goods following by post. lawyers. Chief Justice Finch spoke of a young lawyer who, in one This is the 17th annual trip that the of his first trials, was assisted enormously by a judge who recogOBA has organized to diverse areas of nized his inexperience. The Chief Justice later revealed that he the world; many members go every was the young lawyer. year. We are all invited- and their planning committee has already commenced Co-Chairs Karey Brooks and Angela Wa lker closed the evening work on the trip to South Africa in with some.Jmportant observations: As young lawyers, it is impor2005. For those wondering about the tant to interact both with other lawyers and members of the value of bar associations, join us next bench. As such, CBA-sponsored events such as these are impo rtime - you will be truly amazed and tant forums for young lawyers to hear from the bench and seadelighted in meeting and learning about soned members of the bar how to become more effective advothe countries and culture of our fellow cates. bar association members. BT

June 2004 BARTALK



The •

Continuing Legal Education

Society of British Columbia

CLE Update BC BUSINESS CORPORATIONS ACT FOR LAWYERS- STEPS AFTER IMPLEMENTATION The Act came into force on March 29, and now that all the provisions are finalized , you need to know how to apply it. CLE has the solution. On Thursday, June 10, CLE will offer a practical course designed to give corporate lawyers an indepth framework detailing the first major steps that need to be addressed. Learn about transition, the process for changing articles, how to capitalize on optional changes to articles, amalgamations, and other essential information, from government advisor John Lundell, QC and others. This course has three different learning options. CLE is pleased to deliver B.C. Business Corporations Act for Lawyers in a way that's best suited to your needs. This course will be available as a face-to-face live event in Vancouver, as a video repeat in your region, and as a real time online conference delivered straight to your desktop! Visit (courses section) for more information or call CLE at 604-893-2121 or 1-800663-0437.

Integrated Training on Domestic Violence in South Africa Launched More than 200 representatives of ~~ COu~r. government, NGOs and funding V~<S' organizations met in Pretoria, o ~ South Africa on March 29 to ~ ¡ ~ launch the Integrated Training on '7,?> Domestic Violence program. :roN soc; Funded by CIDA, the program was developed by the South African Sexual Offences and Community Affairs Unit in partnership with the Law Courts Education Society of B.C., with the support of the Ministry of Attorney General and the Justice Institute of B.C. The goal of the program is to train more than 1,200 justice system personnel over the next few years. The launch represents the completion of several years of work to develop an integrated approach to training all sectors of the justice system on dealing with domestic violence. At the launch, representatives signed a pledge to end domestic violence. This year, Canadian partners and supporters will receive certificates in recognition of their contributions to the project.


Notice to the Profession: Video Conferencing The Honourable ChiefJustice Donald Brenner issued a Notice to the Profession on April 6, 2004 regarding the availability of video conferencing. (To read the complete notice, please visit "Where the court grants an order allowing for the use of video conferencing or both parties consent, this technology can be used to avoid the cost of travel for counsel, parties or witnesses to personally attend court hearings. Where the intent is to use the technology in respect of witness testimony, regard should be had to the requirements in section 73 of the Evidence Act, R.S.B.C . 1996 c. 124 and in section 714.2 of the Criminal Code," said ChiefJustice Brenner.


BARTALK Jun e 2004




Approved The Board of Governors of the Law Foundation ofBC met on March 20, 2004. Chair Heather Raven is pleased to announce that funding totalling $3,150,080 has been approved for the following 16 continuing programs:


Continuing Programs $50,480





B.C. LAW INSTITUTE (Operating 2004/2005)

$654,500 COMMUNITY LEGAL ASSISTANCE SOCIETY (Operating 2004/2005) $ 105,400







LAW SOCIETY OF B.C. (Professional Legal Training Course)


PEOPLE'S LAW SCHOOL (Operating 2004/2005)



SEPARATION AND DIVORCE RESOURCE CENTRE (Volunteer and Legal Support Services Program)

$218,600 TENANTS' RIGHTS ACTION COALITION (Legal Advocacy Program) $10,300


UNIVERSITY OF SASKATCHEWAN (Native Law Centre- Legal Studies Program, for B.C. Aboriginal students) UVIC, FACULTY OF LAW (Law Centre Clinical Program)

$133,800 WEST COAST DOMESTIC WORKERS' ASSOCIATION (Legal Advocacy Program) $705,900 WEST COAST ENVIRONMENTAL LAW ASSOCIATION (Operating 2004/2005 and Environmental Dispute Resolution Fund) $111,700 WEST COAST LEAF (Operating 2004/2005)

Project Grants $100,000 ATIRA WOMEN'S RESOURCE SOCIETY (Two-year Legal Information and Advocacy Project)

June 2004 BARTALK



JUNE 2004



Seeking solicitor's practice in real estate and corporate law in the Victoria area. All communications in strict confidence. E-mail replies to (attention "Box !OS") '85 Cap College legal asst. grad seeks contract work in pers. injury. QL access 604-852-4954

Please direct advertising inquiries to : Sandra Webb, BarTalk Editor Tel: 604-646-7856 Toll free: 1-888-687-3404, ext. 318 E-mail:

CLASSIFIED/DISPLAY RATES Per Line CBABC Members $25 Per Line Commercial Organizations $40 $450 1/6 Page CBABC Members 1/6 Page Commercial Organizations $750 NEXT DEADLINE: July 9

SPACE AVAILABLE OFFICE SPACE F O R SU B-LEASE: Top floor, corner suite, 3,500 sq.ft. (divisible), fantastic views, great improvements in place, located at 777 Hornby. Below market prici ng. Call Norm Taylor 604-661-0893.

INSERT RATES lall of BCI CBABC Members Commercial Organizations NEXT DEADLINE: July 16

Place free ads online!

$1 ,200 $2,000

. The CBABC Web site lwww.bccba.orgl has two areas for advertising. See "Human Resources" and the "Lawyer Lounge."


VACATION PROPERTY WAILEA, MAUl RENTAL on Blue course, panoramic Pacific views. Call 303-376-4466.

PERSONAL INJURY LAW We seek an associate for our busy motor vehicle/ personal injury practice group. The successful candidate should have a minimum of three years litigation experience. Competitive salary plus bonus, excellent benefits and working conditions. Fax, mail or e-mail replies in confidence to: John L.Coyle, Business Administrator

Klein Lyons 1100-1333 West Broadway Vancouver, B.C. V6H 4C1 Fax: 604 874-7180 E-mail:





June to Au us

Sec. 257 Determinations, Opinions and Court Applications on referral

604-267-3033 • Claims and appeals • Vice Chair at Review Board for 6 years • More than 25 years personal injury litigation

Vahan A. Ishkanian Barrister & Solicitor Cell604-868-3034 Fax 604-264-6133


June 11

Battle of the Bar Bands (Vancouver, Commodore Ballroom, 8:00 p.m.)

June 17

Kelowna Bar Association Meeting

June 19

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


June 23

Women Lawyers Forum: Noon Series (Vancouver, Sutton Place Hotel)


June 24

VBA/CBA 8th Annual Golf Tournament (Vancouver, University Golf Club, 11:30 a.m. registration, 1:00 p.m. tee off)

July 8

New West/Fraser Valley Bar Golf Tournament (Surrey, Guildford Golf Course, 11:00 a.m. Call Rick Molstad for details 604-526-1821)

August 13

CBA Board of Directors-National meeting (Winnipeg, MB)


August 15-17

CBA Canadian Legal Conference/Expo 2004 (Winnipeg, MB)


August 15-17

CCCA Annual Meeting (Winnipeg, MB)






o2S .I:.





Practice Restricted To WCB

BARTALK June 2004

BarTalk | June 2004  
BarTalk | June 2004  

BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association, the leader and voice of Canada’s leg...