BarTalk | June 2008 by The Canadian Bar Association, BC Branch

JUNE 2008

volume 20, number 3

Beyond the Courthouse ADR takes centre stage in British Columbia

rom Community Courts to mediated disputes and international treaties, our justice system, the foundation upon which our democracy is built, is adapting to meet the needs of a society undergoing significant cultural and technological change. The courts must adapt if they are to “meet the needs of the community more effectively,” was the strong assertion of Chief Judge Hugh C. Stansfield in the pages of BarTalk’s April 2008 edition. In the courts and beyond, CBABC members are working as judges, lawyers, mediators, judicial justices of the peace, and in a myriad of other roles on the cusp of significant changes to our justice system. Alternative Dispute Resolution (ADR), the focus of this month’s publication, is a multi-faceted tool that can function alongside, whilst simultaneously being complimentary to, the court system. Lawyers practicing ADR, or in non-traditional roles, have the opportunity to operate outside of the courtroom setting while working toward the same goal of helping to resolving disputes, in all their manifestations, in a fair and efficient manner. In this edition we hear from a wide variety of legal practitioners examining ADR from both practice and legislative perspectives. Gordon Sloan, a lawyer and mediator, provides a glimpse into a day in his working life, touching on challenges and the rewards of his position from the early morning through to the end of the day. The Chair of the Justice Review Task Force, M. Jerry

www.cba.org/bc

McHale, QC writes in his article, “Mediation in Civil and Family Cases in B.C.,” about both the character and history of mediation practice in B.C. especially as it pertains to family law. On the international front, we hear from Dierk Ullrich, a lawyer with Fasken Martineau and chair of the BarTalk editorial board, who recounts recent developments in legislation pertaining to the settlement of international disputes and the challenge of existing regulations being inconsistently applied across the provinces. From the domestic scene, Gregory S. Pun, Law Officer with the Court of Appeal examines the ongoing pre-hearing judicial settlement conference pilot project and how it has developed since its commencement in Autumn 2004. The preceding briefs are just a small selection of the articles that comprise this month’s BarTalk which also includes contributions from Jack Giles, QC, our regular columnists and many others. While the totality of advancements in ADR and our justice system as a whole are simply too vast to be given their due in a single edition of our humble publication, we hope to have at least hinted at the scope of changes and their importance to lawyers across the province. CBABC members, in all of their roles, are at the forefront of our ever changing Justice System. You can find more information on initiatives that the CBABC is participating in, such as the Justice Review Task Force, at our website www.cba.org/bc. BT

JUNE 2008 UP FRONT

4 5 6 8 10

From the President Executive Director National News Sections Practice Talk

FEATURED THIS ISSUE Alternative Dispute Resolution (ADR), processes and techniques that fall outside of the judicial process, are the focus of this edition of BarTalk. From developments in the field of ADR in the British Columbia and beyond, to a day in the life of a mediator, we highlight dispute resolution beyond the courtroom.

A Day in the Life of a Mediator

by Gordon Sloan

by Tony Wilson

On the Web

Note on the Court of Appeal Judicial Settlement Conference

by Gregory S. Pun

by Patricia Jordan

by David J. Bilinsky

Nothing Official

LEGISLATIVE UPDATE 14

Acts in Force

IN THE BACK

22 24 25 26

Events | Calendar Member Services Bar Moves Partners | Membership

by M. Jerry McHale, QC

Managing the Generational Divide

by Marisa Castelo

Sport Sponsorship Gives Employees a New Perspective

by Susan Archibald

Inch by Inch: Canada Moves Toward New Investment Protection Legislation

Continuing Legal Education Society The Law Foundation of B.C.

Classified Ads

22 23

BARTALK June 2008

Mediation in Civil and Family Cases in B.C.

GUEST CONTRIBUTORS

volume 20, number 3

by Dierk Ullrich

The Fundamental Idea by Jack Giles, QC

Immigration Issues At Sentencing by Jennifer Duncan

Law Week 2008 Access to Justice: Breaking Down Barriers

LETTERS TO THE EDITOR

Canadian Bar Association, B.C. Branch 10th Floor, 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

BarTalk is published six times per year by the Canadian Bar Association, British Columbia Branch. BarTalk Senior Editor Jesse Tarbotton BarTalk Editor Deborah Carfrae Staff Contributors Fran Hodgkins Jineane Payne Jennifer Weber Editorial Board Chair Dierk Ullrich Editorial Board Members Paul Arvisais James M. Bond Nicole Holas Jack Micner Pamela Murray Gurminder Sandhu Barinder Sanghara Craig Watson Barry Zacharias © Copyright the British Columbia Branch of the Canadian Bar Association 2008. 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 more than 6,000 B.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

BarTalk Publication Sales Agreement #40741008

Access to Justice – Chief Judge Hugh C. Stansfield (April 2008 – Vol. 20, No. 2)

Send your Letters to the Editor to: Jesse Tarbotton, BarTalk Senior Editor Canadian Bar Association, B.C. Branch Fax: 604-669-9601 Toll-free fax: 1-877-669-9601 E-mail: jtarbotton@bccba.org

Unfair to dinosaurs! Chief Judge Hugh Stansfield of the Provincial Court of B.C. tells us, “Like the dinosaur, we must adapt or perish.” This simile perpetuates a popular stereotype whereby it is said that the dinosaur perished for the specific reason of the failure to adapt to change. Hence the popular epithet “You dinosaur!” – an out-of-date fuddy-duddy who is not changing. Yet the need for change is greatly, greatly over-rated. Dinosaurs survived much, much longer that we homo sapiens have been on earth. Dinosaurs did not need to change as long as their environment remained stable – as it did for eons. Dinosaurs were very, very well-adapted. What caused dinosaurs to “perish” was a catastrophic event that no dinosaur could possible adapt to: chance collision of the earth with an asteroid some 65 million years ago. It wiped out roughly half the marine invertebrates along with the dinosaurs. Yet no one lectures us, “Like the marine invertebrates, we must adapt or perish.” That would be unfair to marine invertebrates, as unfair as it is to dinosaurs. Who could ever “adapt” to asteroid collision? Creatures that survived catastrophic collision did so only by good fortune. “Oh fortune!” As for survival in general, the last (grim) word goes to John Maynard Keynes: “In the long run, we’ll all be dead.” Adapting only postpones, and does not prevent, inevitable perishing. Law, too, shall pass away.

– Greg Lanning Barrister and Solicitor

Professional Discourtesy – Tony Wilson (April 2008 – Vol. 20, No. 2)

I enjoyed reading about Tony Wilson’s daring exploits swimming with what many believe to be our professional equals (superiors?) – sharks. I am encouraged by the efforts of people like Tony to promote the value of lawyers and the profession of law. I was equally impressed with his examples of our work, including the fact we help ensure the ability to live in a country where publishing cartoons depicting Muhammand, Jesus, et al is not a capital offence, but rather protected free speech. I wonder however if Tony is aware that one of our colleagues, Calgary lawyer Ezra Levant, is currently before the Alberta Human Rights Tribunal for the very act of publishing the so-called Danish cartoons depicting Muhammad in the now-defunct Western Standard magazine. It seems that in Alberta at least, the protection of this form of free speech is not yet settled law. – Major Sean Raleigh Letters to the Editor continued on page 15 June 2008 BARTALK

from the president

KenNETH WaLton

On Being President

eing President is like a the same time having the gumppracticum, a year of true tion to punish if that is what is learning; in my case, 36 called for? years after I was last a You get to greet new appointees Law Student. In all sincerity it has to all levels of the judiciary. In been a wonderful experience. The order to speak knowledgeably of reasons: one sees all aspects of our the new judge, you must research great profession. the background of the appointee. Some of you who read this will Most are terrifically accomplished be future Presidents of this Branch. people in whom the public trust is So here in 2008 is what the experiin good hands. Kenneth Walton ence was like: Regularly, the President meets President 2007/2008 First, your member lawyers are local Bar representatives; annuB.C. Branch in the thousands; 6,200 and growally the Attorney, and frequently Canadian Bar Association ing. These are the people whose the Chief Justices and Chief diverse interests you try and put first. This is done Judge at a variety of functions like Law Week. You at a macro level by trying to promote practical also sit as the CBABC voice on the Queen’s Counsel initiatives such as decreasing high tuition fees and Selection Committee. pension reform; having RRSPs protected from crediPerhaps surprisingly, the best way to prepare tor seizure so that we, the self employed, are on an for this job is to become a member of a reasonably equal footing with the organizationally employed. sized Board of a community organization. In my As President you promote the interests of all case, it was many committees; a church council, by maintaining good relations with the Attorney the YM/YWCA, Goodwill Enterprises, Oak Bay General, the courts, The Law Society and the law Lodge, Kinsmen, and Rotary at a variety of levels. schools. The challenge, as leader, is that not all Board decisions are made sometimes through actions of these groups necessarily coincide with the compromise, and often because, after examination interests of your constituents. of various points of view, the logic of the answer It is fascinating to attend Bencher’s meetings and becomes apparent. The majority of time, the wisdom see the way our profession’s self-governance works. of the collective which results is the best answer It gives you a new appreciation of how imperative it regardless of one’s personal view. is to preserve the rule of law. Taking a few hours of The best preparation I ever had for this job was continuing legal education is a small price for staying joining Kinsmen which taught meeting procedure. this way. It was a great school for leadership. The job also requires you to sit on Judicial Council, I have loved every minute of being President. It’s the venue which selects Provincial Court judges such fun. I thank you for the opportunity. I regret and other judicial officers, and has responsibility nothing about anything I have done in this office. for education and discipline. Again it’s all about We have a great profession. You should be proud to the rule of law. Who will best serve in this imporbe a member. tant court? Who will be able to have compassion I wish you success in your practice and personal and understanding for our fellow citizens while at life. BT 4

BARTALK June 2008

CAROLINE NEVIN

EXECUTIVE DIRECTOR

The Upside of Gamers

Gamers bring a new perspective to the workplace

o you have a Facebook success of organizations (see page page, a Flickr 19). It’s worth approaching the account, a constantly Gamer perspective with respect chirping Blackberry and curiosity, asking the most receiving Twitter messages, IM on important question of all: How your screen all day, and a hugely can we combine our differences important social life (and muland strengths to create something tiple personas) online? Do you truly exceptional? Create a meanhave trouble concentrating on the ingful Quest and you’ll be amazed droning person in front of you or at what happens! on the phone? Incapable of funcCaroline Nevin tioning on one channel of input Want to know more about topics Executive Director at a time? No? Well, chances are like this? The CBA makes a specialB.C. Branch you employ, parent or work with ty of targeting key business practice Canadian Bar Association people who fit this profile – those issues and delivering speakers (and who grew up in the Gaming Era Law Society credits) that give you – and you’re perplexed by the challenge of dealing in-depth knowledge in bite-size portions. with them. We take up-to-date info and mix it with great There is an upside to this, though. Gamers: networking over 60, 90 or 120 minutes. We make it • Are better at handling risk and uncertainty available all across the province through technology • Are more creative and have better problem or direct delivery – just ask the Kamloops Bar, where solving skills we sponsored a fast and informative “Accounting for • Are more sociable and have a greater need for Lawyers” session with KPMG in May. human relationships There’s great CBA Professional Development • Think of themselves as experts and want to (PD) at the Canadian Legal Conference (CLC) tackle problems head-on in Quebec City in August, and at our renowned • Aren’t discouraged by failure and believe each CBABC Conference in San Diego in November. setback is just a chance to try again There’s a huge opportunity for mixing pleasure and • Are more flexible about change PD at the August 2009 CLC in Dublin, Ireland. And • Are better at seeing problems in a deeper let’s not forget the upcoming Work Life Balance perspective Retreat in Penticton during the Okanagan Wine • Are great at learning in informal ways Festival in October – given the stresses and genera• Are more globally oriented and outwardtional conflicts in today’s law firms, isn’t it time you looking learned what it takes to become a sustainable firm of • Are more confident and have a more positive engaged and productive lawyers? outlook on life. At $53 a month (less if you’re a young lawyer), Source: Beck, J. & Wade, M. “The Kids are Alright” CBA membership gives you a great deal on PD as the www.nslg.net/gotgamebook Law Society gets ready to make 12 hours mandatory Every generation brings something new to on January 1. Things are changing fast – let us help the workplace, and potentially vital to the future you make life easier! BT June 2008 BARTALK

national news

CBIA Announces Expanded Eligibility The Canadian Bar Insurance Association is now offering its life insurance products to the children and spouses of lawyers and Quebec notaries. If your children are eligible, let them know that they can now enjoy the savings offered by some of the lowest life insurance rates in Canada. 24/7 access to product information, rates, helpful insurance education, planning tools uuu http://www.barinsurance.com Customer Service team 1-800-267-2242 custserv@barinsurance.com

On the Appointment Process to the Supreme Court of Canada CBA President Bernard Amyot: “Whenever there is a vacancy on the Supreme Court of Canada, legal, media, and political circles start buzzing with speculation about the next appointment to the country’s highest bench. In this respect the replacement of retiring Justice Michel Bastarache has proven no different.” Full Text uuu http://www.cba.org/CBA/News/ 2008_Releases/2008-05-01_scc.aspx

Book Early to Avoid Disappointment: Quebec 2008 – August 17-19 Combine business with pleasure and make your trip to Quebec City this summer a memorable one! The CBA’s Canadian Legal Conference, Aug. 17-19, is packed with professional development programs and guest speakers to appeal to just about every speciality and interest. For family and guests, Quebec City’s 400th anniversary celebrations offer myriad activities for every age and taste. With hotels filling up very quickly, it’s essential to book early. Plus, take advantage of early bird rates and save up to $100 until June 30. Details and registration uuu http://www.cba.org/cba/quebec2008/main/ A sampling of what Quebec City has in store this summer: • Espace 400e : the heart of the festivities From June to September 2008 Bassin Louise, Old Port • The Visionnaires Garden June 6 to October 13, 2008 Musée de la civilisation • Le Louvre à Québec : Les arts et la vie June 5 to October 26, 2008 • Le chemin qui marche: a glowing tribute to the St. Lawrence River On the evening of August 15, 2008 Details uuu http://www.quebecregion.com/campagne_publicitaire/ hiver_2007-2008/400/programmation-ete-e.htm

CBA PracticeLink Take Your Practice to the Next Level: Hire a Coach A growing number of lawyers have discovered personal coaching as a highly effective way to improve their careers. Since the key elements of a lawyer’s career are uniquely individual, it makes sense that individual, tailored coaching is the most effective route to get there quickly. This month on CBA PracticeLink, find out how a coach can help take your practice to the next level. All this and much more uuu http://www.cba.org/practicelink 6

BARTALK June 2008

CBA Welcomes Reforms to Land Claims Process The CBA supports Bill C-30 (Specific Claims Tribunal Act) which creates a much-needed independent tribunal with the power to decide long-standing claims between First Nations and the Crown. “Legislative reform of the specific claims process is long overdue,” Christopher Devlin of Victoria, past Chair of the CBA’s National Aboriginal Law Section, told the Commons Committee on Aboriginal Affairs and Northern Development on April 9, 2008. “We anticipate that the bill will address serious problems of delay and backlog under the current regime.” The CBA supports the specific claims process as a necessary alternative to litigation for resolving claims, but notes that the process has been clearly unable to cope with the sheer volume of claims from First Nations. Submission uuu http://www.cba.org/CBA/submissions/pdf/08-22eng.pdf

“Webby” Awards Honour CBA Website The Webby Awards, the leading international honour for the Web, have recognized the CBA’s website (CBA.org) as an Official Honouree, a distinction that recognizes work exhibiting remarkable achievement. Hailed as the “Oscars of the Internet” by the New York Times, the Webby Awards are the leading international award honouring excellence on the Internet, including websites, interactive advertising, online film and video, and mobile websites.

Standing Up For The Rule of Law CBA President Bernard Amyot appeared before the Commons Committee on Foreign Affairs & International Development, Subcommittee on International Human Rights, on May 6. The subcommittee is looking into the situation of Omar Khadr, who has been detained in Guantanamo Bay for the past six years, and is in the process of being tried there by an American military court. In his statement, Bernard Amyot outlined the CBA position calling for the closing of the prison facility at Guantanamo Bay, and the repatriation of Omar Khadr to Canada where, if the Crown finds that charges are warranted, he would be subject to the Canadian criminal justice system. The following is an excerpt from the statement: “The focus of our concern is the lack of respect for the rule of law. It’s easy to provide legal rights to those aligned with popular causes. Our commitment to justice is challenged where the individual is unpopular and accused of terrible crimes. It’s at times like this that we must speak out, and defend those rights. This is what the rule of law requires – that we recognize the rights of all, not just the favoured few.” Full statement: uuu http://www.cba.org/CBA/news/pdf/ 2008-05-05_khadr.pdf

Law Day 2008 Federal Justice Minister Rob Nicholson was the featured guest at Ottawa’s Law Day on April 17. He was joined by CBA President Bernard Amyot and some 650 high school law students, who attended the event that included a mock trial, career panel, and special presentations by the President and the Minister. After meeting with Minister Nicholson, Bernard Amyot walked the short distance to Parliament Hill to visit the Senate, where Senator Hugh Segal read a Law Day statement on the subject of the rule of law.

CBA President Bernard Amyot (left) with federal Justice Minister Rob Nicholson on Law Day 2008 in Ottawa.

June 2008 BARTALK

sectionS

Section Update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information and available minutes from the Section meetings are accessible online at www.cba.org/bc in Sections/Forums, for enrolled CBA members. Human Rights Meeting: March 18, 2008 SpeakerS: Judith T. Doulis, Vicky E. Shillington, and Don J. Jordan, QC Topic: Applications to Dismiss Before the B.C. Human Rights Tribunal

The three guest speakers provided the 40 Section members in attendance with a comprehensive review of recent Tribunal and court decisions regarding application to dismiss human rights complaints Ms. Doulis of the Community Legal Assistance Society practises human rights law from the Complainant’s perspective and discussed cases under each heading of Sections 27(1) which empowers the Tribunal to dismiss all or part of the complaint on a preliminary application. Vicky Shillington of the B.C. Human Rights Coalition discussed the Complainant’s point of view when an application to dismiss is brought forward. Mr. Jordan who practises employment/human rights law from the Respondent Employer perspective at the law firm Taylor Jordan Chafetz discussed

the recent SCC case: Dunsmuir v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by Board of Management and the Supreme Court of B.C. decision: Gichuru v. Law Society of British Columbia 2007 BCSC 1767. Following the presentations, a question and answer period discussed the circumstances when the Tribunal will order an oral hearing on an application to dismiss. Public Sector Lawyers Meeting: March 11, 2008 Speaker: Dirk Ryneveld, QC, Police Complaint Commissioner TopicS: How the Office of the Police Complaint Commissioner Contributes To Better Public Administration in the Province

Mr. Ryneveld, spoke to the Section about the Office of the Police Complaint Commissioner, giving a historical background and then discussing Part 9 of the Police Act which sets out the complaint procedure and the powers of the PCC. He discussed

Wills and Trusts – Okanagan Meeting: April 17, 2008 Speaker: Jennifer Davenport, Public Guardian and Trustee, Vancouver Topic: Trust and Settlement Variation Act

Ms. Davenport provided an overview of the role of the Public Guardian and Trustee’s office (PGT) which was created to From left to right: Jennifer protect the legal and financial interests of those under a legal Davenport, Joel Wiseman, Stan disability. It is important that the PGT be kept apprised on any Rule, Geoff White, and Don Blakely changes such as beneficiaries, residency changes or the need for a litigation guardian. Under the Trust and Settlement Variation Act (TSVA) changes require a written notice be given to the PGT as well as writing a letter to the court explaining what the variation is seeking. Jennifer’s detailed notes summarized what the PGT will consider under the TSVA.

“

”

We don’t always get it right, we try to get it right, but we always look for practical solutions. – Ms. Davenport

BARTALK June 2008

the ways in which the Office and the complaint process add to quality policing and trust in law enforcement. He detailed how this is achieved through different corrective measures, and where warranted, public hearings. This Section meeting was available to members outside the Victoria area by webinar.

The Tenant’s arguments centred on the string of leases and whether the new leases were to be read with reference to the predecessor agreements. Through Mr. Keast, the Landlord successfully argued that there was an underlying obligation for the Tenant to return the site to the Landlord in clean state.

Did You Know?

Real Property – Vancouver Meeting: February 11, 2008 Speaker: Thomas G. Keast, QC, Watson Goepel Maledy LLP Topic: Commercial Tenancies: Case Study and Environmental Remediation Obligations on Surrender in Canadian National Railway Company v. Imperial Oil

Limited (2007 BCSC 1557)

• More than 3,700 CBA members are enrolled in Sections • Attendance at Section meetings counts toward Law Society of B.C. professional development reporting hours • Listservs are available for most Sections and are a convenient way for members to share information, and ask and answer questions • Section Papers are available online, at no charge to all CBA members • 2008 – 2009 Section Enrolment forms will be circulated to all B.C. lawyers in June.

This topic and presentation by Mr. Keast was particularly interesting for those involved in leasing and environmental issues. Imperial Oil Limited (IOL) had been a tenant of Canadian National Railway (CN) on the Prince Rupert waterfront for many years pursuant to a string of a number of leases. In 2002, IOL gave notice not to renew its lease, admitting the site was contaminated. IOL unsuccessfully took issue with respect to its responsibility to restore the site to a clean state.

Senior Lawyers Meeting: February 13, 2008 Speaker: Acting Sergeant Michael Drummond, Vancouver Police Department Topic: Performance by City Police Officers of their Duties in Relation to the Multitude of Legal Restrictions

Mr. Drummond’s policing experience with the RCMP, the West Vancouver Municipal Police, and the Vancouver Police Department supported his remarks and descriptions of the many incidents he has been involved in during his career. Mr. Drummond spoke on several current issues, and explained that the constant educational upgrading officers are subjected to ensures they are aware of the latest revisions to applicable statutes, regulations and by-laws, and the changes resulting from court decisions. BT

Section Chairs

SPOTLIGHT

Heather M.B. Ferris

Since 1996, Ms. Ferris, a partner at Lawson Lundell LLP and head of its Insolvency and Restructuring Practice Group, has been Chair of the B.C. Branch Insolvency Law Section. Heather’s significant experience and leadership have benefited CBABC members who attend monthly Section meetings in this practice area. Ms. Ferris’ practice covers large-scale insolvencies, restructuring and corporate work-outs. She routinely advises companies in restructuring under the Companies’ Creditors Arrangement Act and has contributed articles for the Advocate, Canadian Bar Review, Pacific Business and Law Institute and Insolvency Reporter. This June, Heather will retire as Insolvency Law Section Chair but her involvement and dedication with the CBA will continue. She will Co-Chair the 2008 Pan Pacific CBA Insolvency Conference being held in Vancouver, September 18-19, 2008. Thank you Heather for your invaluable contribution to the Sections Program!

June 2008 BARTALK

PRACTICE TALK

david j. bilinsky

The United Nations Comes to B.C. Giving ODR a chance…

Integrations, mediations, United Nations, congratulations All we are saying is give peace a chance…

entire dispute resolution process in general and the use of lawyers (and the courts) to resolve disputes in particular. Now you may say that these claims are such that it doesn’t Words and music pay lawyers to handle them in any by John Lennon. event. Quite true. However, the funny thing about disruptive technologies is that they don’t quite n June 17, 2008, know when to quit – once they at Royal Roads gain a foothold their obvious ecoUniversity, B.C. will David J. Bilinsky is the Practice nomic advantages start to work host a United Nations Management Advisor for the in favour of their application to a conference on Online Dispute Law Society of British Columbia wider market. Resolution (ODR). This is an ausE-mail: info@thoughtfullaw.com Blog: www.thoughtfullaw.com New ODR systems that take picious occasion – as B.C. lawyers advantage of “game theory” (think and others – can play a role in of the movie “A Beautiful Mind” about its discovery the shaping of the future of dispute resolution in an and its discoverer) have application to multi-party, online forum. multi-issue disputes (for example, www.smartsettle. Now lawyers have been involved in the setcom). These disputes are those that typically involve tlement of disputes between parties for centuries. lawyers and large amounts of money. The possibilHowever, as they say, the times they are a’ changing. ity that these disputes could be resolved by the use For example, ODR World (www.odrworld.com) of Online Dispute Resolution techniques should offers an online dispute resolution method for the cause lawyers (and the courts) to give pause – and settlement of claims. While the amounts that can be to be concerned – in fact, to be very concerned. For settled with this service are not typically large, the example, Access to Justice is enhanced under an implications of such a dispute resolution service are ODR system. Parties do not need to travel (access is potentially quite momentous. via the Internet), they do not need to communicate For example, buyers and sellers having a dispute in a synchronous manner (they can access the system can use the ODR World on-line dispute resolution as their timetables permit) and the process is not service – currently $15 – for assisted or automated procedurally difficult. ODR has already been used negotiation for 14 days. If you wish, you can engage in family disputes, child custody, insurance claims, a professional mediator to help resolve the dispute and consumer claims. And more importantly, it has a in addition to the online dispute resolution process future in resolving major international disputes. for $38 for 14 days. By way of contrast, arbitration In your humble scribe’s opinion, lawyers are at a services are much more expensive: they range from crossroads. If they adopt ODR as part of their arsenal $380 to $1200. of tools to be used to resolve disputes and immerse Compare this to a Small Claims proceeding themselves into the development of ODR, they stand for the same matter – in terms of time, cost, delay, a fair chance of being involved in the growth of the and the availability of assistance. You can see how ODR process. However, if they choose to stand apart ODR can be seen as a “disruptive technology” to the

BARTALK June 2008

and allow the development of ODR in a manner that does not involve the use of lawyers, then they will witness the creation of an entirely different but parallel system for the resolution of disputes. Those who have disputes to settle will face a choice: the use of the courts and lawyers (with the attendant delays, costs and uncertainty of litigation) or the use of ODR (which potentially offers speedy and inexpensive dispute resolution that allows the claimant to help craft the eventual resolution). I see it as vitally important for lawyers to be present at the development of ODR to ensure that their thoughts, contributions and ideas are included

in the future growth of ODR. This June 17th, the 7th International Forum on Online Dispute Resolution in collaboration with the United Nations Social and Economic Commission for the Asia Pacific will be held at Royal Roads University (www.odrforum2008.org). This UN Conference will be a major opportunity to help develop and guide the standards, certifications, the best practices underlying ODR and the future growth of ODR. Lawyers who have an interest in this area should be making plans to attend this conference. I hope to see you there and hopefully we can all try to give peace a chance. BT

DAVE's Tech tip

Technology Tip from Dave’s Award-Winning Blog: (www.thoughtfullaw.com): I have run across the absolutely coolest application that I have seen in a long time… and it has quickly become indispensable to how I work. And the best part of it all is that it is also one of the simplest pieces of technology that I have seen in quite a while. This particular application is an intelligent filing assistant for Microsoft Outlook (I have used it in both Outlook 2003 and Outlook 2007). At least that is how it is described on the web. I simply call it magic. Here is how it works: SimplyFile (http://www.techhit.com/SimplyFile/), once installed, sits in your Outlook as a toolbar. Now, click on an e-mail – any e-mail. SimplyFile guesses into which folder this particular e-mail should go. Amazingly, it seems to guess right at least 80-90 per cent of the time. Click on “File Message” and zap the e-mail goes into the right folder. When you reply to an e-mail, it also guesses which folder the reply should go. SimplyFile is $39.95 per user, with a volume discount available for those who may wish to take advantage of this. I am sure that it does more, but I really don’t care. When it comes to saving ourselves from the e-mail avalanche, we have to just keep it simple and that’s that.

The views expressed herein are strictly those of the author, and may not be shared by the Law Society of B.C.

Let Us Know What You Think BarTalk is published six times per year, and sent to the entire legal profession in B.C. With so much information available in print and online, we want to be sure that we continue to keep BarTalk relevant. Is there a topic you think we should cover? Do you want to submit an idea or article? Let us know! E-mail bartalk@bccba.org.

Have you moved? Let us know! If you have changed firms, addresses, e-mail addresses, or phone/fax numbers, you need to let us know. E-mail us at data@bccba.org, phone 604-687-3404 or fax 604-669-9601 or contact us toll-free (phone 1-888-687-3404, fax 1-877-669-9601).

June 2008 BARTALK

nothing official

TONY WILSON

The Dumbing Down of Radio 2

No more Mozart in the morning... but we do have Burton Cummings for you

’m partial to any law firm that show where host Melvin Bragg puts me “on hold” with CBC interviews experts about everything Radio 2 playing in the backfrom the Peloponnesian War to the ground when I phone. There Origin of the Social Contract to are a lot of law firms using very bad Quantum Physics. It’s smart withradio to entertain callers on hold, out being snobby. It’s popular withand more often than not, they’re staout being patronizing. Admittedly, tions where DJ’s tell penis and fart it’s not breakfast music, but at least jokes and provide the latest Paris there aren’t any penis or Paris Hilton Celebrity Gossip. So when Hilton jokes to suffer through. I hear CBC Radio 2 on the phone, The other great site is TED.com. Vancouver Franchise lawyer I say to myself, “this Law Firm has Focusing more on revolutionary Tony Wilson isn’t a total pompsome class.” I wake up to Radio 2 in ideas that will shape the future, ous ass. He has plenty of Pat the morning and often have it on in TED’s Tagline is “Ideas worth Metheny, Peter Gabriel and even Led Zeppelin on his iPod, my office while I draft complicated Spreading.” You can pick from and always enjoys listening documents because there’s statistical hundreds of 18-minute downloadto Larry and Willy… if he’s in evidence that classical music causes able lectures like a brain specialist someone else’s car. the human brain to work better analysing her own stroke; Richard and dairy cows to give more milk. Dawkins’ call to arms for militant But now the CBC wants to throw the milk out atheism; the trend toward the collaborative economwith the cow and get rid of my early morning and ics that gave us Wikipedia; the Darwinian basis for late afternoon classical music. They want to play more romantic love; how law stifles artistic creativity; and “Popular Music,” forcing me to listen to Feist or Jann the end of the (law) office as we know it. Their “Not Arden instead of Mozart or Faure (presumably because Business as Usual” theme is indispensable to underMozart and Faure aren’t Canadians). Although the standing technological and sociological trends that CBC will claim Radio 2 doesn’t belong to any “genre,” our clients haven’t even thought of yet. It’s the New the switch to “Canadian Top 40” (or whatever their Yorker on Steroids, its jaw droppingly good and if spin doctors will call it) is another example of the you download this on your iPod instead of Survivor, great “dumbing down” of our media. Classical music I guarantee you won’t go stupid! isn’t hip, sexy or in People Magazine, so let’s give them Appealing to the lowest common denominator may Burton Cummings and Celine Dion! Regrettably, the be fine for commercial broadcasters pandering to the moment I hear Anne Murray or Feist on Radio 2 in the Hat Backwards crowd, but I would have hoped our hours I should be hearing Ravel or Jordi Saval, I will CBC would shoot a little higher. Surely there is somevote with my Canadian feet and look for a Classical thing to be said about saving one station on the public Music station in the US. Sorry CBC, I just refuse to airwaves to promote the greatest music of our culture, have Feist feisted on me. I can hear her anywhere. which over my morning toast and coffee, is still classical. If you think the CBC is dumbing you down in a If all our modern culture is remembered for is world gone culturally cuckoo, have a listen to two money, Survivor and People Magazine, no-one will websites that admittedly don’t deal in Classical Music. be listening to our great ideas or our great music in They deal in Ideas! In Our Time is a BBC Radio 4 200 years. There just won’t be any. BT 12

BARTALK June 2008

PATRICIA JORDAN

ON THE WEB

Cybercrime

Protecting your computer and network

ybercrime, once domistrong passwords and protect your nated by hackers and personal information. Change the their worms and virusdefault administration username es, has become increasand password if you use a wireingly subjugated by a new breed less network (WiFi) and turn on of cybercriminal. Cybercrime wireless encryption and enable the includes all criminal offences that firewall in your wireless router. are committed with the aid of a Each device that is connected will computer, network, or hardware need a firewall as well. Give your device. Motivated by fraud, cybernetwork a unique ID. The service criminals are constantly searchset identifier (SSID) is the name Patricia Jordan is the CBABC ing for unprotected computers you see when you look for availWeb Manager. and networks that can be used to able wireless connections with Tel: 604-646-7861 commit a cybercrime. your laptop. Refrain from using E-mail: pjordan@bccba.org There are a variety of types of default names such as “linksys” cybercrime. One type is a single event when a victim or “default,” as other people in your neighbourhood unknowingly downloads a Trojan horse that installs may do the same. If you use WiFi access in public a keystroke logger, virus, or rootkit from a comproplaces, take precautions to ensure you are not broadmised website or an e-mail. A rootkit is a program casting passwords and other personal information to that is designed to take unauthorized control of a anyone running a “sniffer” program in the vicinity. computer or network. Examples of this type of crime Cybercrime Victims include, but are not limited to, denial-of-service If you are the victim of an online attack, immediately attacks, economic or industrial espionage, identity disconnect your computer from the Internet by distheft, malicious code, phishing, spamming, theft of connecting your wireless connection or unplugging service, and unauthorized access. the network cable, phone, or cable line from your Cybercrime Services computer. You can also disable the network conCybercriminals are now using online cybercrime sernection by clicking on the Windows start menu and vices to install crimeware toolkits rather than dealing selecting “Settings,” then “Network Connections.” with the technical challenges of running a crimeware You will then need to right-click on “Network server. Services include automatic updates, support Connections” and select the “disable” option. If your and enhancements such as evasive anti-forensics computer or network has been compromised, scan it techniques and integration of code-obfuscation. It with an up-to-date antivirus program and back up has been difficult to prosecute distributors of crimecritical information. You may also need to re-install ware, as they did not commit the cybercrime that was your computer’s operating system. committed with their product. Site du Jour

Cybercrime Prevention

Norton™ from Symantec

You can protect your computer by ensuring it is configured securely and keeping it current with the latest software patches and updates. Choose

For more information about cybercrime and securing your computer or network visit: www.symantec. com/norton/cybercrime/index.jsp. BT June 2008 BARTALK

LEGISLATIVE UPDATE

ACTS IN FORCE

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 Bill when it was introduced in the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The Bill number has been given to make it easier for you to note up the Bills you may have in your library.

CURRENT FROM MARCH 1 TO MAY 2, 2008 Legislative Update is provided as part of the CBABC legislative and law reform program. It is a service funded by CBA membership fees, and is, therefore, provided as a benefit of CBA membership. The full version of Legislative Update is now only published online and available to CBA members exclusively at www.cba.org/bc.

acts in force ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33) Section 9 regarding the Court of Appeal is in force May 2, 2008

MISCELLANEOUS STATUES AMENDMENT ACT, 2007, S.B.C. 2007, C. 8 (BILL 12) Sections 20 to 40 regarding the Engineers and Geoscientists Act are in force May 2, 2008. Sections 7, 8, 46 and 52 regarding the Coal Act and Mineral Tenure Act are in force June 2, 2008

Family Rules Online Forum Submissions Invited to June 30

SECURITIES AMENDMENT ACT, 2006, S.B.C. 2006, C. 32 (BILL 20) Section 18, to the extent that it repeals Sections 63(3) and (4) and 66 to 71 of the Securities Act, Sections 20, 21, 39, 47(b) and 64 and Section 66(a) to the extent that it adds “81,” to Section 184(2)(b.1) of the Securities Act are in force March 17, 2008

TENANCY STATUTES AMENDMENT ACT, 2006, S.B.C. 2006, C. 35 (BILL 27) Sections 49, 52(b), 109 and 112(b) insofar as it enacts Section 97(2)(p.1) of the Residential Tenancy Act are in force March 10, 2008

Justice professionals are invited to make submissions, via an online forum at: www.bcjusticereviewforum.ca/, on a B.C. Justice Review Task Force (JRTF) concept draft of the proposed new Supreme Court family rules. The opportunity to make submissions is available until June 30. The rules flow from the 2005 report of the Family Justice Reform Working Group, which was appointed by the JRTF to make recommendations for changes to the family justice system. The report, A New Justice System for Families and Children, outlines a new vision for the family justice system and addresses a range of family justice services and processes that are, or should be, available to people experiencing family breakdown. The report makes 37 recommendations, including those related to the establishment of family justice “hubs,” consensual dispute resolution, rules, and family court structure. Recommendations related to court rules include: that rules and forms for family cases be simplified and streamlined to allow for expedited, economical resolution of all cases, with processes proportional and appropriate to the value and importance of the case; and • that every family law form and procedure be made easier for unrepresented individuals to use and understand. •

The JRTF formed the Family Rules Working Group to draft new Supreme Court and Provincial Court family rules. In addition to inviting feedback through the online forum, the JRTF conducted consultation sessions with the Bar in Victoria, Nanaimo, Kelowna and Vancouver. The feedback received through the consultations will inform a revised draft of the proposed new Supreme Court family rules. It is anticipated that the rules will go forward to Cabinet in fall 2008, with a target date for implementation for the Supreme Court rules early in 2010. A completion date for a consultation draft of new Provincial Court family rules has not yet been established. – Hon. Wally Oppal, Attorney General 14

BARTALK June 2008

LETTERS TO THE EDITOR Continued from page 3

New Supreme Court Rules of Civil Procedure – the Honourable Wally Oppal, QC, (April 2008 – Vol. 20, NO. 2)

The most dangerous attacks on our liberties often come from the most innocuous proposals. Ontario’s Chief Justice Winkler has observed that “numerous case conferences may be justifiable on a theoretic basis, but each and every one of these steps costs money, and will drain away resources that litigants could otherwise use on steps that will have greater value in the long-run.” This is because “every step which is added to a proceeding must be presumed to be an impediment to justice.” His comments are apt, especially in B.C. where the provincial government imposes high court access fees, taxes legal fees, and shuts down court houses. Having put in place all those impediments, the government feigns shock that litigation is costly. Attorney General Oppal’s update on the proposed new Rules of Civil Procedure in your April 2008 edition ignores all of that and starts instead with the assertion that “[f]eedback … has generally been positive” to the proposals. I do not agree. Set aside, for the moment, the government’s own charges on accessing justice. Focus just on the proposals. The Law Society, the CBABC and the TLABC (which I have the honor of serving as First Vice President) have all written critiques. Senior counsel and judges have provided either pithy or detailed comments questioning them. Articles published by CLE, The Advocate, newspapers, and blogs online argue that the case for the changes has not been made out. If the new rules are enacted, counsel, in apprehensive tones, will come to say that a lawsuit has contracted “case management.” A serious bout of “case management” will mean many trips to the learned doctor of the law assigned to “actively” manage the case. The treatment will be long and there will be no guarantee of a cure. Many lawsuits will die of “case management.” What are now sporadic outbreaks of “case management,” will become an epidemic. Many will wonder if the cure is worse than the disease. Attorney General Oppal opines that the new rules will work wonders. He argues that “increased judicial involvement in case management” and “an expanded role for lawyers” will lead to a promised land of civility and justice. Hark back to the

words of Chief Justice Winkler. Contrast them with what Attorney General Oppal theorizes: “active case management” by judges and “expanded roles” by lawyers are “principles” that will reduce the process, delay, and cost of litigation. Those concepts are at war with each other. Where is the “expanded role” for lawyers? Is it to deal with judges who are actively managing their cases? How does either of those concepts square with reducing delay and cost? What does any of this have to do with getting at the truth and achieving a just result? “It is very difficult to summarize changes to 400 pages of civil rules in a paragraph.” But the “400 pages” are the new rules. The old ones had the advantage of being succinct and the product of experience. Edmund Burke’s words get forgotten that “it is with infinite caution that any [one] ought to venture upon pulling down an edifice which has answered in any tolerable degree for ages the common purposes of society.” The Attorney General says that the new rules will require “a new case initiation and defence process” – formerly known as pleadings – and will require that parties “accurately and succinctly state the facts and issues” – declarations parties must make before being allowed to pass “Go” and get on with their lawsuit. He adds that the proposals call for limiting discovery – presumably on the notion that if less diagnostic techniques are applied, diagnosis will be all the easier. Litigants have, until now, been able to hold governments and other institutions to account in the courts. Carrier Lumber, a case the government lost after its failure to produce relevant documents was uncovered and its wrongs were proven, is a leading example. But sadly it has led the government to fear discovery. Attorney General Oppal also says that the new rules will “limit the parameters of expert evidence.” Where is that in the proposals? If these points are so, we will be treated to the spectacle of the court deciding cases before hearing evidence and without allowing the parties to present their case. Lewis Carroll wrote of a courtroom scene in Alice in Wonderland: “‘Consider your verdict,’ the King said to the jury. ‘Not yet, not yet!’ the Rabbit hastily interrupted. ‘There’s a great deal to come before that!’ ‘Call the first witness,’ said the King.” Think carefully on all of this. Justice depends upon it. – Robert D. Holmes Holmes & King June 2008 BARTALK

FEATURE

GORDON SLOAN

A Day in the Life of a Mediator

Morning

7:50

Get on a float plane from Victoria to Vancouver to mediate a four party estate dispute (wills variation, undue influence, incapacity all alleged).

:31 The sun is up and I

should be too. Time to grab some food (three fruit, two cheese, one juice, sweet and milky tea) before a day in the life of this mediator begins.

9:30 - 4:10 The mediation is polite

but there is seething resentment apparent between the black sheep 5:47 At the computer, sifting and his two sisters, all in their forspam, opening interesting mesties. The second parent to die is sages. One from a Masters student now gone and the knives are out. Gordon Sloan was called in 1975. wondering how to enter the field. Counsel are helpful and generHe is a mediator and educator One from a legal assistant wanting ally serve their clients well. That’s who works across Canada. to book an urgent mediation in the not always the case. After much next three days (fat chance). One discussion, the parties agree to proportions of the from a union leader in Winnipeg wanting negotiation estate, management of the three storey walk-up training for his executives at Corrections Canada. apartment that remains in trust and distribution of family pictures and junk jewelry. No one will be get6:02 Conference call with people in Calgary and ting together with the black sheep for Thanksgiving Halifax together with their boss in Ottawa about a dinner – that’s for certain. workplace assessment we’re doing for a poisoned working environment in the Halifax office. The assessment is going well, and we will need to follow up with a meeting of the staff and some anti-harassment training. I book the flights. 6:38

Short call with National Defence to settle the venue for a mediation in Toronto next week about a demoted officer who has sued for his wrongful dismissal. Something about a notorious prosecution after a soldier’s death in a military exercise. Sounds enticing.

Float plane home after checking messages and e-mails. I wonder why I ever practised conventional law. I rethink that sentiment. Just as I begin to appreciate the broad background my first decade provided, I nod off. Evening 7:00

Dinner with my wife and discovery of what’s been up all day. She’s lovely and I remember how our long relationship is an oasis.

6:50

Quick call to my partner about the workplan for the new edition of the training manual and changes to the website. Side calls with the associates in Ottawa and Edmonton. Confirm with the administrator.

8:40

7:10

10:15 In bed. Tired as a dog. Damnit! – if I had only worked harder in the second game, I could have taken that set – I’m sure of it.… BT

Finish e-mails to the Law Society about whether mediation is always the practice of law when engaged in by lawyers (yawn!). 16

5:20

BARTALK June 2008

Game of squash with someone I’ve been putting off for a week or so. He destroys me and I deserve it. Not getting back to the centre of the court enough! But then maybe that’s like life!

GREGORY S. PUN

FEATURE

Note on the Court of Appeal Judicial Settlement Conference

he Court of Appeal’s The process involves two steps. pre-hearing judicial First, following the joint request settlement conference for a settlement conference, the pilot project comparties (or their counsel) have an menced in the autumn of 2004 initial telephone conference with under Civil Practice Directive a judge, to determine if the matter #8 (revised 1 February 2005). is suitable for a settlement conAlthough the Practice Directive ference. If the matter is deemed states that the project is a “pilot suitable, the second step, a settleproject [that] will operate for two ment conference, takes place. years,” the project remains in force The first request for a settlement Gregory S. Pun at this time. conference was made in December Law Officer, Court of Appeal The roster of judges participat2004 and the most recent, the eleving in the project includes: Chief Justice Finch, enth request, was made in September 2007. Madam Justice Rowles, Madam Justice Prowse, Of the 11 requests, four involved family law matMr. Justice Donald, Madam Justice Levine, and ters; the other seven have been a mix: two involved Mr. Justice Chiasson. The settlement conference is personal injury, two involved commercial issues, one interest-based, not rights-based, which is to say that was a wrongful dismissal case, one was a human the presiding judge does not speak to the factual or rights case, and one involved a civil procedure issue legal merits of the appeal, but rather seeks to find a (an appeal from an order striking out a statement mutually-agreeable resoluof claim). tion with the parties. So far, four requests have “Participation in settlement Participation in settlement progressed to a full settlement conferences is entirely volconferences is entirely volconference. In one case, the paruntary. If consent is revoked untary. All parties involved ties settled after the conference. during the process, it comes must consent to the process In the other three, the parties to an end. The settlement and anyone can revoke consettled at the conference. conference is interest-based, sent at any time. If consent is The remaining seven cases not rights-based.” revoked during the process, did not go to a settlement the process comes to an end. conference for various reaThe procedure is set out in Practice Directive #8. sons: (a) at the initial teleconference a determination In brief, a joint request for a settlement conference was made by the judge or the parties that the matter must be made, which takes the file out of the usual was not suitable for settlement conference; (b) a party appeal stream and thus suspends time limits durwithdrew consent; and (c) the parties agreed to dising the settlement conference process. Settlement continue the settlement conference process. conference procedure is handled by the Law Officer, The establishment and the operation of the projnot the regular registry staff; accordingly, materials ect through 2007 were due to the efforts of Ms. Meg relating to the settlement conference remain with Gaily, the Court’s former Law Officer. Her contributhe Law Officer and are not part of the regular tions to the project are gratefully acknowledged. BT appeal file. June 2008 BARTALK

FEATURE

M. JERRY MCHALE, QC

Mediation in Civil and Family Cases in B.C.

hree forms of mediaDuncan and Nanaimo Supreme tion are used in British Court registries. Columbia today: volIn fully mandatory mediation untary, quasi-mandatoschemes all parties are compelled, ry, and fully mandatory. Voluntary usually by rule or regulation, to mediation began to be used for attend a single mediation session. family law disputes about 25 years Research has shown that parties ago. Use soon spread to personal who are compelled to mediate will injury and general commercial settle at approximately the same claims disputes. No statistics are rate as parties who mediate volavailable, but it is clear that the use untarily. As well, process satisfacM. Jerry McHale, QC of voluntary mediation in B.C. to tion levels are typically very high Assistant Deputy Minister, resolve civil and family disputes is regardless of whether the mediaMinistry of Attorney General now pervasive. tion was voluntary or compelled. Child protection issues are frequently mediated As part of the justice reform initiative developed under a voluntary scheme that has been in operation jointly with the Provincial Court, the provincial govfor some years. Mediation is supported by a Ministry ernment is currently piloting mandatory mediation for Child and Family Development policy directing for claims in the Robson Square Small Claims Court social workers to make collaborative processes the registry. In this pilot, all cases between $5,000 and default option for resolving child welfare disputes. $25,000, and all personal injury cases, are referred Use of mediation has climbed dramatically over the to a two-hour mediation session. The mediators are last three years. Settlement rates of all issues exceed assigned by the B.C. Dispute Resolution Practicum 70 per cent. Society at no-cost to the parties. British Columbiaâ&#x20AC;&#x2122;s first experience with quaThis pilot builds on the success of the Court si-mandatory mediation was with the Notice to Mediation Program (CMP) which has operated in Mediate (Notice). First introduced for motor vehicle five Small Claims registries for several years. In personal injury cases in the Supreme Court in 1998, addition to providing voluntary mediation services, this â&#x20AC;&#x153;party-drivenâ&#x20AC;? process enables any party to an a limited number of cases each month are referred action to require other parties to attend a single to mandatory mediation. Settlement rates in the mediation session. The process is unique to B.C., CMP are approximately 60 per cent, with an overall and is now used in more than 4000 personal injury program satisfaction rate reported by participants cases annually. While it requires only attendance not of 4.27/5. settlement, such cases usually do settle. Settlement Provincial Court rules provide for the mediation rates at mediation have held steady over 10 years at by judges of the court of matters in dispute in small approximately 75 per cent. In 1999 the Notice was claims, child welfare, and family law cases. In small made available for residential construction cases in claims and child welfare cases parties are required the Supreme Court, and in 2001 it was expanded by the rules to attend to address unresolved issues. to a wide range of civil, non-family, cases. As a While such conferences are not mandatory for family pilot project, the Notice has recently been made cases they are directed by the court in a majority of available for family law cases in the Victoria, unresolved cases. BT

BARTALK June 2008

MARISA CASTELO

GUEST

Managing the Generational Divide

ever before have we They are perceived as idealisseen such a diverse tic, diplomatic, driven, and process workforce with four oriented. Fiercely competitive, due distinct generations to their sheer numbers, they push working together: The Silents or themselves to be the best, are said Traditionalists, The Boomers, to be defined by their work and are Generation X and Generation Y. accused of the adage that they “work Each generation is a distinct to live.” Silents accuse them of being entity with unique skills and flaws, self absorbed, the Xers perceive which all combine to create a powthem as micro managers, while the erful mixture of strengths and Millenials claim that they are people weaknesses. And each generation pleasers who can’t make decisions. Marisa Castelo, Interlock is surprised that the next generaKey Message: You can do anytion does not behave the same. thing, be anything if you put your mind to it. Spend Such diversity in values, beliefs, experience cautiously, save for retirement. and expectations in the work place can pose many Generation X (1965-1980) challenges as well as great opportunity. By utilizOften born into dual career families, or raised in ing each generation’s strengths, and understanding single parent homes facing high divorce rates, this generational expectations, we can potentially create a generation is known as the latch key generation. As a cohesive and stronger work force. result they are particularly self-reliant. Their parents The Silent Generation (1900-1945) experienced layoffs/loss in the Dotcom crash and thus disdain traditional career paths. Make up 10 per cent of the current workforce; the They are said to have a gift for adapting to changdwindling generation. They were children during ing environments, desire challenge as they bore easily. the great depression, young adults during WW11, This cohort seeks work-life balance. They prefer to parents during Vietnam. work alone, are technology savvy, and prefer e-mails Typically they are the classic overachievers, they to face to face. The perception of the other generations hold procedures to be sacred, and are true bureauis that Xers are too pragmatic and tend to be cynical. crats. Fairness in the workplace is crucial to them. They will leave a job easily, if not satisfied by it. Silent employees know the meaning of sacrifice for Key Message: No jobs for life. Work smarter, not the greater good. Often viewed by the other generaharder. Buy now, pay much later. tions as traditional and inflexible, overly cautious and technically incompetent. The Millenials/ the Y Generation (1981-1999) Key Message: Work hard and you will get ahead. Nearly half of this generation is still too young to Save – pay cash. work. This group is considered the uber stroked The Boomer Generation (1946-1964) generation. They are plugged in – technology is a birthright. Expecting instant gratification and conBy contrast, they were born in the midst of post stant stimulation in the workplace. war prosperity; shaped by the Vietnam War and the Key Message: You inc. Spend fast, spend lots, hippie movement as young adults, and the indulgent don’t worry about paying. BT climate of the 80s as parents. June 2008 BARTALK

GUEST

SUSAN ARCHIBALD

Sport Sponsorship Gives Employees a New Perspective

hat better way to engage your employees in the pursuit of excellence than by sponsoring promising athletes and teams, and sharing their stories of motivation and dedication? Three law firms are multi-year sponsors of local sport organizations, enabling their employees to see the pursuit of athletic excellence from a different perspective. These firms talk about the benefits they are seeing from their sponsorship:

Shelley O’Callaghan: Partner, Bull Housser & Tupper LLP

Susan Archibald is the Managing Director, Marketing and Revenue Generation, for 2010 Legacies Now. For more information, contact Susan at sarchibald@2010legaciesnow.com or 778-327-5118.

Sponsorship: Skate Canada, B.C. and Yukon Territory

What prompted Bull Housser & Tupper to sponsor Skate Canada, B.C. and Yukon Territory (Skate Canada BC/YT)?

We were looking for a way to get involved in sport that would give us a meaningful and direct link with the athletes. A key component for us was finding personal connections with the skaters. With Skate Canada BC/YT we’ve worked together creatively to make a meaningful impact with our sponsorship. What are some ways you are leveraging the sponsorship?

Skate Canada BC/YT’s junior development team of 8-10 athletes is named after us – the BH&T Team. We’ve gotten to know these athletes personally, with their biographies and competition updates posted on our internal website Ice Dreams. Our employees can send messages to the athletes by posting them to Ice Dreams. In addition, we’ve had a Family Skate giving our lawyers and staff the opportunity to see live demonstrations from the BH&T Team. James Bond: Partner, Lang Michener LLP Sponsorship: Canadian Snowboard Federation What prompted Lang Michener to sponsor the Canadian Snowboard Federation (CSF)? 20

BARTALK June 2008

We wanted to ensure that if we sponsored an organization, it would involve more than just “writing a cheque.” We wanted to create ongoing relationships between the team and our clients and staff which would benefit everyone. The CSF is a national organization but is locally based, and many of the upcoming events will be held at local venues. Team members are also likely to win medals on the world stage, which adds to the excitement for our clients and staff. What are some ways you are leveraging the sponsorship?

Our clients and staff have opportunities to attend upcoming National and World Cup events as VIPs (they even get snowboard lessons from Team members). Many of our employees plan to volunteer at these events. Team members will be invited to client and staff events as guest speakers. Our staff also came up with the idea of selling Team jerseys (with the Lang Michener logo) and giving the money raised back to the CSF. John Smith: Managing Partner, Lawson Lundell Sponsorship: Canadian Freestyle Ski Association

What prompted Lawson Lundell to sponsor the Canadian Freestyle Ski Association?

Freestyle skiing is a fun, growing sport and we’re proud to help our Canadians maintain a strong profile in it. There is also a good geographic connection as many high-profile events are held in B.C. What are some ways you are leveraging the sponsorship?

Our sponsorship includes three levels: sponsorship of the association, of three World Cup events and of athlete Warren Tanner. The sponsorship encompasses many aspects: exposure, hosting, financial, and moral support for the athletes and ultimately, a way for us to enable our firm to identify with major upcoming sport events. BT

DIERK ULLRICH

GUEST

Inch by Inch: Canada Moves Toward New Investment Protection Legislation

the same treatment as domestic or ince Cabaret we know other foreign investors; establish a that “Money makes the minimum standard of treatment; world go round.” Indeed, and prohibit expropriation without Statistics Canada reports compensation, or allow repatriathat in the fourth quarter of 2007, tion of funds. Certain free-trade direct investment by Canadian firms agreements concluded by Canada, abroad climbed to $508.6 billion, such as the NAFTA establish simiwhereas foreign direct investment lar investment protection regimes. in Canada rose to $521.1 billion. FIPAs and NAFTA provide a With royal assent to the Settlement of choice of fora to resolve investInternational Disputes Act (“SIIDA”) Dierk Ullrich ment-related disputes, including on March 14, 2008, Canadians may Fasken Martineau ICSID arbitration. However, until look forward to an additional and Canada ratifies ICSID, its dispute effective layer of protection of their settlement and enforcement mechanisms will not be foreign investment. The legislation will implement, at available to Canadian investors. the federal level, the 1966 Convention on the Settlement Since ICSID does not contain a federalism clause, of Investment Disputes between States and Nationals of provincial legislation is needed to implement the other States (“ICSID”). British Columbia and four treaty across Canada. The federal government has other jurisdictions have enacted parallel legislation. lobbied its provincial counterparts for several years to ICSID establishes an international forum to ensure a uniform application of ICSID. Now, howevresolve disputes between foreign investors and the er, there is speculation Canada may move ahead with recipient state of the investment (“host state”) by ratification, without waiting for the hold-out provarbitration. ICSID monetary awards are binding on inces. It has been suggested that Canada may invoke all member states. Thus, under the SIIDAs, awards Article 70 of ICSID, which would allow Canada to will not be “subject to appeal, review, setting aside, or identify by written notice the territories to which the any other remedy.” For host states, the main benefits treaty would not apply. Based on the treaty’s drafting of ICSID membership are attractiveness for foreign history and its context, commentators have expressed investments, the de-politicization of disputes and doubt whether this provision would be available for increased protection for its nationals investing in situations other than a state’s overseas territories. other ICSID states. Currently, ICSID has 144 memAssuming Canada could ratify ICSID with limbers, which may use its dispute resolution facilities. ited territorial application, the resulting regulatory Although Canada signed ICSID in December 2006, patchwork would raise significant issues for Canadians it is the only G-8 state and one of only three OECD planning to invest abroad. For example, if access to states not to ratify it. ICSID is a substantial factor, B.C., which has enacted To protect Canadian investment abroad, the the SIIDA, would be an appropriate incorporating federal government has concluded 25 “Foreign jurisdiction, whereas Alberta would not. Although Investment Promotion and Protection Agreements” the passage of SIIDA has not attracted much public or FIPAs, and is negotiating a further nine with attention, it is an important development to watch for countries like China. FIPAs create reciprocal rules, which typically guarantee investors from either state all involved in international business transactions. BT June 2008 BARTALK

GUEST

JACK GILES, QC

The Fundamental Idea

he question is, what is The public perception of this the fundamental idea independence is as essential as its that makes necessary reality. It can be neither attained the existence of an nor maintained unless: a) Each member of the Bar organized body of men and women is required to afford every client known as “the Bar”? The answer undivided and non-waiveable loyis as simple as it is profound. If alty as well as freedom from all individual human freedom under conflicting interests, and; law is to survive, each member of b) There is a guarantee of persuch a Bar must be kept free to manent confidentiality covering truly stand in the shoes of anyone Jack Giles, QC (retired) has everything the lawyer learns about in want of access to the law and act been a member of the CBA a client or potential client (whether as their “legal mind.” (now honorary) since 1958. privileged from admissibility in There is nothing new about this He has been much involved evidence or not) without which the idea. It is reflected by the fact that in the fight to protect the independence of the Bar. necessary disclosures to the lawyer self-government has been exercised would and could not take place. by the English Inns of Court since Anything less than independence of this character the middle of the fourteenth century. It has been would mean that fair and effective access by every recognized since Roman times that no one may be member of the community, not only to courts of jusexcused from their legal obligations by any lack of tice, but also to the whole world of law, would not be knowledge or understanding of the law – ignorantia available. In consequence, the rule of law would be disjuris neminem excusat. If this were not so, the rule placed by a rule not of law, the proper administration of law would soon be unseated by the fact that most of justice defeated, and a free and democratic society people do not and cannot be expected to know and under law impossible to maintain. John Locke put it understand the law. The rule of law would soon disin five words: “Where law ends, tyranny begins.” appear if such ignorance could be a basis for escaping For these reasons no consideration should ever legal obligations. It follows that the preservation of be given to the scope of questions having to do with the rule of law is not possible without an organized lawyers’ independence, conflicts of interest, loyalty, body of men and women who are competent to know and confidentiality in isolation from each other, and and understand the law and available to assist anyone most importantly in isolation from the fundamental needing to access it. As the Supreme Court of Canada idea that gives rise to their constitutional character. In put it: “There cannot be a rule of law without access.” particular, recent well-intentioned suggestions that (BCGEU vrs AG (BC) 1988, 2SCR p214 @ 230). the necessary constitutional requirements respectWhile the fundamental idea is not new, the ing lawyers’ obligations to be free from conflicting constitutional character of all its implications have interests be modified because they are too great a only come to be fully recognized in more recent “burden,” or “out of step with modern practise” times. It is now recognized that all members of the are hopelessly irreconcilable with the constitutional Bar are constitutionally guaranteed the independence guarantee of an independent Bar necessitated by the necessary to truly stand in the shoes of anyone in want fundamental idea. BT of access to the law, and to act as their legal mind.

BARTALK June 2008

JENNIFER DUNCAN

GUEST

Immigration Issues At Sentencing

ince 2005, the British Columbia Court of Appeal has heard a number of sentence appeals involving the effect of a two year sentence on a permanent resident’s ability to appeal a deportation order. The issue appears to have arisen first in Ontario in R. v. Hamilton (2004), 186 C.C.C. (3d) 129 (C.A.) and R. v. Spencer (2004), 186 C.C.C. (3d) 181 (C.A.). These decisions underscore the critical importance of ascertaining a client’s immigration status and advising the sentencing judge accordingly. If a permanent resident has been convicted of an offence in Canada for which a maximum term of imprisonment of 10 years or more could be imposed, he or she becomes inadmissible to Canada and will be issued a deportation order. A permanent resident has the right to appeal such a deportation order to the Immigration Appeal Division, but this right of appeal is lost if the permanent resident receives a sentence of two years or more. The calculation of two years includes pre-trial custody, so an individual who receives a one year sentence in addition to double credit for six months pre-trial custody, has received a two year sentence. In R. v. Kanthasamy, [2005] B.C.J. No. 517, BCCA 135, the appellant received the equivalent of a two year sentence. His counsel did not alert the sentencing judge to the effect of a two year sentence on the appellant’s status in Canada. In allowing the appeal and reducing the sentence by one day, Mr. Justice Donald said: [23] In my view, the substitution of a term of two years less a day does no violence to the sentence imposed by the trial judge and avoids an unintended consequence of great significance. I am persuaded by the appellate authority to which I have referred that the adjustment in the sentence is within our review power and should be exercised to prevent the disproportionate ramifications of a single day of imprisonment. Kanthasamy has been followed in a number of decisions, including R. v. Leila, [2008] B.C.J. No. 30 and R. v. Q.A.M., [2005] B.C.J. No. 2700. Leila is noteworthy for two reasons. First, Mr. Leila entered

a guilty plea to a number of offences, the most serious of which was possession of stolen property in excess of $5,000. That offence, which is fairly common, carries a maximum period of imprisonment of 10 years and thus has the potential to trigger a deportation problem. Second, Mr. Leila’s counsel actually sought a two year sentence so his client could access federal programs. The sentencing judge acceded to what was effectively a joint submission. When the deportation issue became apparent, a sentence appeal was pursued. The Court of Appeal reduced the sentence so it was effectively two years less a day. Offenders who receive sentences well in excess of two years may not expect reductions in sentence as a result of the risk of deportation. In R. v. Worrell, [1989] B.C.J. No. 236, an appeal against a six year sentence, Mr. Justice Seaton noted “The likelihood, or possibility, of deportation might be a proper factor for consideration in the case of a minor offence, but I think it’s not a factor of significance in a serious offence and I think this to be an extremely serious offence.” The Court reached a similar conclusion in R. v. Fuentes (1994), 51 B.C.A.C. 164 and R. v. Dhillon, 2006 BCCA 531. Most recently, in R. v. Edy Arismendy MartinezMarte, 2008 BCCA 136, the Court of Appeal refused an extension of time for a drug trafficker who sought to appeal an effective sentence of three years imprisonment. The appellant wanted to argue that the sentence had a serious unintended consequence to his status in Canada and should be reduced to two years less a day. Chief Justice Finch for the Court noted that the sentence sought was below the range of appropriate sentence for the offence committed and would not have been possible, given the very serious circumstances of the offence. The Chief Justice concluded by saying: [19] A number of recent cases in this Court have raised this issue. It is to be hoped that in the future, the record will demonstrate adequate consideration of the immigration consequences of any sentence to be imposed. It is perhaps not too much to ask the Crown to address these matters before the sentencing judge in the event that defence counsel fails to do so. BT June 2008 BARTALK

LAW WEEK PHOTOS, SPONSOR AND PARTNER RECOGNITION

Law Week 2008

Access to Justice: Breaking Down Barriers

Barry Sullivan Law Cup Public Speaking Contest and Dial-A-Lawyer

Left: Leanne Sullivan, Eunice Hii (First Runner Up), Leo Liu (Winner), Olympia Koziatek (Second Runner Up), Dawne Waddell and Shannon Sullivan. Middle: Dawn Waddell, Chief Judge Stansfield, Chief Justice Finch, Associate Professor Elizabeth Edinger and Chief Justice Brenner. Right: Lawyer Rita Sidhu takes a quick break from volunteering at CBABC’s annual Dial-A-Lawyer Day.

Fort St. John, Nanaimo, and Kamloops Open House

Left: Participants of the Fort St. John’s Mock Trial pose for a quick photo, including recently appointed Provincial Court Judge Rita Bowry. Middle: Judge Saunders of the Provincial Court of B.C. presides over the Mock Trial of “Three Little Pigs” held in Nanaimo. Right: David Dundee (AKA the Big Bad Wolf), a long-standing CBABC member, is escorted from the courtroom after his starring role in the Kamloops Mock Trial.

Vancouver Mock Trial, Fun Run and Open House

Left: Held in the Historic Courtrooms at the Vancouver Art Gallery, Eric Hamber Secondary Students participate in Vancouver’s Mock Trial. Middle: Members, families and friends participating for fitness and fun in CBABC’s Annual Fun Run. Right: At Vancouver’s Law Day, crowds gather around displayers from all corners of B.C.’s legal Community. 24

BARTALK June 2008

Highly successful Law Week events were held across the province in Victoria, New Westminster, Port Coquitlam, and in the communities depicted on the preceding page. Law Week events wouldn’t be possible without the tireless work of CBABC members and our partner organizations. Please visit the Law Week 2008 website for a full rundown of CBABC events and we hope you’ll consider getting involved in the 2009 events throughout the province!

www.bclawweek.org Law Week Sponsors and Partners We would like to thank our sponsors of this year’s Law Week events:

VICTORIA

Bar Association

NANAIMO

Bar Association

KAMLOOPS

Bar Association

In addition, we would also like to thank our partner organizations for all their contributions to this year’s events:

MAL A S P I N A University-College

Finally, we would also like to thank the many lawyers and others for volunteering their valuable time to make these events a huge success.

June 2008 BARTALK

EVENTS

The Balancing Act – Maximizing Your Balance in the Practice of Law WOW! Wine Tasting and Learning? Please mark your calendars and join the CBA Work Life Balance committee on October 3rd and 4th for the first retreat dedicated to learning about work life balance and actually practicing it through some amazing wine tasting in the Okanagan. This event is sure to fill up quickly so make sure you register early and make room in your trunk for several boxes of Canada’s best wines. The learning is being held at the Penticton Trade and Convention Centre while the accommodations at the Lakeside Resort, Convention Centre & Casino (www.pentictonlakesideresort.com) provide an amazing venue to kick start your commitment to creating work life balance for yourself and your firm. In this labour shortage market, you will walk away from the retreat with the tools to attract and retain the best and brightest professionals. In addition to the various work life balance techniques and methods you will take back to your office, this will also be an excellent opportunity for you to “practice what you are about to preach.” There will be various opportunities to socialize with your colleagues, participate in wine tasting events, or just unwind and enjoy the recreation and amenities that Penticton and the Okanagan have to offer. This is a must attend event for everyone committed to enhancing the lives of their employees and themselves. We look forward to seeing you in Penticton!

Health & Wellness TIP Recognize Others uuu When you lead a team project, be sure to recognize the contributions of the team and the individual team members. Without question, your co-workers will respect your willingness to share credit. At the same time, company management will be made aware of your ability to achieve results collaboratively – a fundamental leadership skill.

courtesy of interlock 1-800-663-9099

New Website: Learn About the Small Claims Court Pilot Project SmallClaimsBC.ca is a website that explains the new Small Claims Court project that is currently being piloted at the Robson Square and Richmond courthouses. Visitors to the new website can view a video introduction, narrated by Hugh C. Stansfield, Chief Judge of the Provincial Court of B.C. This website is meant to help people learn about the Small Claims Court procedures. The website provides helpful introductions to Summary Trials, Simplified Trials, Mediations, Trial Conferences, and Trials. Also on this site are: Frequently Asked Questions, information in other languages, a glossary, forms that can be downloaded, and other useful resources. For more information, please visit the site at www.SmallClaimsBC.ca or contact Laureen.Tang@lawcourtsed.ca if you are interested in receiving promotional business cards with the website address.

BARTALK June 2008

EVENTS | CALENDAR

Prof. John McLaren Honoured With Award Prof. John McLaren, retired faculty member from University of Victoria’s faculty of law, is the recipient of the 2008 Craigdarroch Gold Medal for Career Achievement in Research. Now retired, McLaren is considered a leading legal historian in the common law world. His thoughtful examinations ranged from the collision of religious belief and common law to the role of law as a moral regulator in areas such as prostitution, obscenity and public nudity. He has also peeled back years of legal history to examine the role that law has played in creating and maintaining social order, granting and withholding civil rights, and creating colonial societies. Established in 2003, the annual Craigdarroch awards honour research excellence at UVic. They are named for Craigdarroch Castle, home to the university’s predecessor institution, Victoria College.

The WLF Education Committee Hosted Their Most Successful Event Yet on April 25th Eighty-one women gathered to hear about “What Women (Lawyers) Want – and How To Get It.” In the morning, speakers and panellists covered topics about parenting, caring for aging parents, and mentoring. Later, the participants were treated to insights into the value of volunteerism, attaining a balanced life and how to ask for a raise. The day ended with a session on how to deal with difficult people and create more collegial work environments. The feedback from participants was glowing. The WLF Education Committee will continue to offer quality programs geared to women lawyers, which you can enjoy at discounted course fees as a member of CBABC Women Lawyers Forum. For more information on the Women Lawyers Forum, go to http://www.cba.org/bc/ Sections_Groups/wlaw/default.aspx.

(see cba.org/bc for details)

Branch and Bar Calendar

June – July 2008 June 13

CBABC Executive Committee Meeting (CBABC Boardroom)

June 13

Vancouver Battle of the Bar Bands (The Commodore Ballroom)

June 18

Lawyers Assistance Program Workshop: Creating Happiness (Vancouver)

June 19

CBABC and Vancouver Bar Association Golf Tournament (University Golf Club)

June 20

Lawyers Assistance Program 8th Annual Gratitude Lunch (Law Courts Inn Restaurant, Vancouver)

June 21

CBABC Provincial Council (Delta Airport Hotel)

July 3

Fraser Valley Bar Association and New Westminster Bar Association Golf Tournament (Guildford Golf Course)

July 11

CBABC Committee Appointment Day

July 11-15

International Society for the Reform of Criminal Law 22nd International Conference (Dublin Castle, Dublin, Ireland)

July 16

Lawyers Assistance Program Workshop: Creating Happiness (Vancouver) June 2008 BARTALK

member services

CBABC offers members a wide range of professional and personal services. Keep up with special offers in CBABC News & Jobs delivered to your Inbox every week. Click on the Savings link on the CBABC home page for new and ongoing offers including this issue’s highlights.

Summer Getaways Wherever you go this summer, stay in style and comfort while enjoying great rates. Preferred rates for CBABC members at Delta Hotels and Coast Hotels & Resorts throughout B.C. MeetingMax offers member deals at Vancouver Pan Pacific and Whistler Pan Pacific hotels, and at select hotels in B.C. and Ontario.

y tes ur Co

th e

As their name suggests, ProGroup streamlines the business of acquiring a new vehicle that’s tailored to your professional needs. Buying or leasing, get the CBABC member advantage.

Ha wa ii O pe r a Th

eatre

Rogers Wireless Digital Communications is your CBABC authorized Rogers Wireless provider specializing in the latest wireless solutions including BlackBerry, Windows Mobile, and custom wireless data solutions. Get the best corporate rates from Rogers Wireless whether you have one line or 1000 lines; 25 per cent discount on accessories.

Best Case Scenario Bugatti makes lawyer cases that work for those in the profession. Choose from six styles, some with wheels, personalize with embossing, all sized for laptops between 15-17 inches. 28

BARTALK June 2008

If you think pens and mugs when you think corporate gift, think again. CBA Boutique features all kinds of merchandise – most with CBABC logo – from men’s and ladies’ golf shirts in a variety of colours and textures, to stainless steel mugs and travel flasks, umbrellas, and more. BRAND NEW: executive-style USB keys; 1GB stainless-steel USB key with CBABC logo.

Need a Treat? Lindt Chocolates offer truffles and special chocolate selections for business gifts, or to sweeten any occasion. Member discounts are 25 per cent off regularly priced items.

Shape Up For Summer It’s never too late (or too soon!) to take charge of your personal health and wellness. What better excuse than a summer shape-up to take advantage of member discounts offered by two favourite Vancouver clubs?

May 1 through October 15, enjoy CBA preferred rates from $179/night for a Sutton Guestroom at the Sutton Place Hotel and $200/night for a Traditional Guestroom at Sheraton Vancouver Wall Centre.

Car Lease or Purchase

The Right Stuff

The downtown Vancouver YWCA offers CBA members a competitive Workplace Wellness package beginning at $51.50/month (after one-time joining fee). Swim or join aqua fitness in the deluxe ozonated pool, attend free monthly fitness clinics, choose from more than 70 classes every month including yoga and pilates, train in the cardio room and separate and co-ed weight rooms. If well-being is key to your wellness strategy, it’s time to check out the amenities of Terminal City Club. This executivelevel facility features all the services and deluxe appointments of a premier social club – dining room, pub, games rooms, concierge and meeting facilities – plus a spa, fitness centre and ozonated pool with breathtaking view of Stanley Park and the North Shore. CBA members enjoy a 25 per cent discount on membership fees. Still can’t get enough member savings? Subscribe to the Member Services e-newsletter by sending an e-mail to members@bccba.org with “subscribe” in the subject line.

bar moves

Bar Moves

Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to Bar Moves at cba@bccba.org.

Laurel Elizabeth Hudson (formerly Laurel Bieber) is pleased to announce the change of her company’s name from Bieber Law Corporation to Laurel Hudson Law Corporation.

Chen & Leung is pleased to announce the following additions to the firm: ANNA L. PERRY has joined the firm in September 2007 as an associate, to practise real estate development, commercial leasing, and commercial lending; JOHN NALLEWEG has joined the firm in November 2007 as an associate, to practise general litigation and to assist in the management of the firm.

Winnie Sung

WINNIE SUNG, SHAWN D. TILLIS, and MELANIE L. TEETAERT have joined Hungerford

Tomyn Lawrenson and Nichols in Vancouver. Winnie is continuing her general solicitors practice and Melanie and Shawn have joined the litigation group to practise general civil litigation, including commercial, insurance defense, and employment matters. Barbara Janzen has joined Bull, Housser & Tupper LLP as Associate Counsel

Melanie L. Teetaert

with the Tax and Trusts Group. Barbara has experience in the areas of wealth management, estate planning, trusts, estate administration, and incapacitated adult matters. BRONSON TOY has left Steele Urquhart of Vancouver, and is now Associate Counsel

practising with Forstrom Jackson of Vancouver, where he will continue his practice in the areas of civil and criminal litigation, as well as securities regulatory matters. Bull, Housser & Tupper LLP is pleased to welcome Richard Sarabando into the partnership effective January 1, 2008. BETTA GUSTAFSON has joined the Public Guardian and Trustee’s in-house legal

Barbara Janzen

team as the Information and Privacy lawyer. Before joining the PGT, Betta practised law at the firm of Fasken Martineau DuMoulin. DAN ORSETTI joined the Public Guardian and Trustee’s in-house legal team in the

Child and Youth Services Division. Dan practised personal injury and estate law at McQuarrie Hunter in New Westminster and Surrey before joining the PGT. ALASTAIR BURNETT has joined the Public Guardian and Trustee’s in-house legal team in the Child and Youth Services Division. Before joining the PGT, Alastair practised personal injury and insurance law with the litigation department of ICBC in Vancouver.

Richard Sarabando

BILL SOKOLOFF joined the Public Guardian and Trustee’s in-house legal team in the

Child and Youth Services Division. Bill practised personal injury litigation for many years with Murphy, Battista before joining the PGT. Sabrina Ferrari (formerly Sabrina Starr) has moved her law practice at Starr

& Company in White Rock to the firm of Goodwin & Mark in New Westminster, where she will practise primarily in the areas of real estate and commercial law, and wills and estates. CHRISTIAN J. WILSON will be joining Cardinal Law in Victoria as a new associate

in May 2008. Christian will be practising in the areas of general civil litigation, family law, and wills and estates.

Sabrina Ferrari

June 2008 BARTALK

cbabc partners | Membership

CLEBC Update The CLEBC website (www.cle.bc.ca) recently underwent a major update and CLEBC is pleased to announce the enhancement of several features on the site. The most exciting feature is the addition of an online store. This new enhancement allows for easy one stop shopping to meet all your practice needs, including the ability to register for courses, live webcasts, and video repeats, as well as make purchases from a selection of more than 150 course materials and 53 publications. A new search engine allows for easy navigation through the website and visitors can now view a 12 month calendar with links to upcoming courses. In August, Vancouver will be the host city for the 44th Annual ACLEA Meeting. The Association for Continuing Legal Education is the primary organization for improving the performance of CLE professionals. This year’s conference will attract more than 200 CLE professionals from around the world. CLEBC will be well represented at this summer’s conference. Acting Director of Programs, Rob The CBABC Branch welcomes its Seto, is Co-Chairing the event, while Director of newest members! The following Education, Ron Friesen, is presenting “Access new members joined in the and Online: Seeking New Landscape and Having months of March and April New Eyes,” and Program Lawyer, Meredith of 2008: Woods, is presenting “Your Customers Have Something to Say: Are you Listening?” The Olwyn Burke conference takes place from August 2-5, 2008 at Bull, Housser & Tupper LLP Vancouver the Hyatt Regency Vancouver.

NEW MEMBERS

Regular Members

Varinder Dhami Vancouver

Mark E. Colavecchia Fasken Martineau DuMoulin LLP Vancouver

Selina Koonar Vancouver

Nikolaos D. Galanopoulos Morton & Company Vancouver Kim F. Hawkins Grahamstown, South Africa Christopher K. Jackson Blake, Cassels & Graydon LLP Vancouver David A. Jones Quay Law Centre New Westminster Jennifer Metcalfe Prisoner’s Legal Services Abbotsford Angela C. PriceStephens Murphy, Battista Vancouver Peter F. Schmidt Burke Tomchenko & Fraser Port Moody Maia Tsurumi Fasken Martineau DuMoulin LLP Vancouver

Kendra Milne Community Legal Assistance Society Vancouver Kelsey Moore Goodwin & Mark New Westminster Jacquelyn A. Shaw Vancouver

Law Students Freda Bonnie Vancouver Matthew DeBock Richmond Maria Feoktistova Vancouver Laura Hodgins Vancouver Corrine Longworth Bull, Housser & Tupper LLP Vancouver Karen Osachoff Vancouver

Articling Students

Associate Member

Kate Bickerton Bull, Housser & Tupper LLP Vancouver

Ellen Susser Kief Law Office of Ellen S. Kief Weston, MA

BARTALK June 2008

Ms. Glover is our BarTalk Survey iPod Winner CBABC President Ken Walton presents Georgeann Glover, Corporate Counsel with Associated Building Credits Ltd., with the BarTalk Readers Survey prize. Completed electronically by 147 respondents, the survey results will be featured in the August BarTalk.

GRANTS APPROVED $50,000 B.C. LAW INSTITUTE Real Property Law Reform Project $30,000 INTERNATIONAL INSTITUTE FOR CHILD RIGHTS AND DEVELOPMENT Child Participation in B.C. Family Justice Processes Development Grant

The Board of Governors of the Law Foundation of B.C. met on March 29, 2008. Chair Dev Dley, QC is pleased to announce that funding totalling $10,471,834 was approved for 17 continuing programs and 51 projects. Funding totalling $6,335,790 was approved for the following 24 new projects: LEGAL SERVICES SOCIETY $1,135,000 Civil Integrated Services Initiative – New Westminster Office $736,564 Telephone Triage Project $1,000,000 LEGAL SERVICES SOCIETY/LAW FOUNDATION OF B.C. Legal Research Fund B.C. MEDIATOR ROSTER SOCIETY $600,000 Improving Public Access to Family Mediation Project $150,000 Phase 2: Technology – Assisted Family Mediation Pilot Project $541,000 COMMUNITY LEGAL ASSISTANCE SOCIETY Junior Lawyer Project $356,689 B.C. PUBLIC INTEREST ADVOCACY CENTRE Poverty Law Enhancement Project $355,000 CANADIAN LEGAL INFORMATION INSTITUTE Supreme Court of Canada Project $310,000 B.C. ASSOCIATION OF SPECIALIZED VICTIM ASSISTANCE AND COUNSELLING PROGRAMS Analysis and Action on Policy Barriers Facing Women $300,000 PEOPLE’S LAW SCHOOL SOCIETY Violence Against Minority Women Project UNIVERSITY OF VICTORIA $292,500 Public Interest Work Placements $20,000 Religious Diversity and the Rule of Law in Canada $15,000 Canadian Criminal Jury Instructions $10,022 Accounting for Facts in Corporate Law Public Interest Articling Fellowships $120,000 B.C. LAW INSTITUTE $120,000 ENVIRONMENTAL LAW CENTRE, UNIVERSITY OF VICTORIA $60,000 B.C. CIVIL LIBERTIES ASSOCIATION $56,900 GREATER VANCOUVER LAW STUDENTS’ LEGAL ADVICE SOCIETY

$15,000 NIDUS PERSONAL PLANNING RESOURCE CENTRE ASSOCIATION Personal Planning Legislation – Public Legal Education Materials $15,000 NORTH SHORE COMMUNITY RESOURCES Legal Clinics and Public Legal Education Project

$27,115 PEOPLE’S LAW SCHOOL Speakers’ Program Pilot Project

$15,000 P’EGP’IG7IHA COUNCIL P’egpig7iha Constitution Analysis and Education

UNIVERSITY OF BRITISH COLUMBIA $20,000 Development Grant-Family Consensual Dispute Resolution $20,000 Autonomous Motherhood, Changing Family Norms and Law Reform $11,000 Law Reform and Problem-solving Courts

$15,000 PENTICTON & DISTRICT MULTICULTURAL SOCIETY Seasonal Farm Worker & Immigrant Farm Operator Program

Funding totalling $27,200 was approved for the following Child Welfare Fund project: $27,200 B.C. DISPUTE RESOLUTION PRACTICUM SOCIETY Child Protection Practicum Project Additional Funding

Funding totalling $350,013 was approved for the following 26 Small projects: $15,000 ABBOTSFORD COMMUNITY SERVICES SOCIETY Family Justice Education and Support for Fathers Project $15,000 B.C. COALITION OF PEOPLE WITH DISABILITIES Transition Magazine: Special Edition on Changes to Part 7 Accident Benefits $15,000 BCAA TRAFFIC SAFETY FOUNDATION Legal Education on Dementia and Driving $15,000 CANADIAN BAR ASSOCIATION, B.C. BRANCH Dial-A-Law Digital Audio Access

$15,000 ST. PAUL’S ANGLICAN CHURCH Self-Help Legal Information $15,000 VERNON WOMEN’S TRANSITION HOUSE SOCIETY Vernon Legal Assistance Pro Bono Clinic $15,000 WESTCOAST GENESIS SOCIETY Legal Education and Advocacy Manual $15,000 YWCA OF VANCOUVER Custody, Access, Kids and Courts Resource Brochure Translation $14,040 ASSOC. DES JURISTES D’EXPRESSION FRANCAISE DE LA B.C. Journee de droit 2008 $13,500 SUNSHINE COAST COMMUNITY RESOURCE CENTRE Family Law Workshops $13,330 WESTERN INSTITUTE FOR THE DEAF AND HARD OF HEARING Legal Workshops for the Deaf Community in the Okanagan Valley $12,000 NORTH SHORE WOMEN’S CENTRE Women’s Legal Clinic Development Project

$15,000 DOGWOOD INITIATIVE A Community Response to Coastal Liquid Natural Gas

$8,315 QUESNEL TILLICUM SOCIETY The Tillicum Law Experience Project

$15,000 DOWNTOWN EASTSIDE WOMEN’S CENTRE Legal Information for Hard to House Women

$7,950 COMOX VALLEY TRANSITION SOCIETY Empowering Women Through Legal Information Assistance & Access

$15,000 GREATER VANCOUVER ALLIANCE FOR ARTS & CULTURE Legal Education Workshops: Art and the Olympics $15,000 INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) 7th International Forum on Online Dispute Resolution $15,000 MPA – MOTIVATION, POWER & ACHIEVEMENT SOCIETY Legal Information for Mentally Ill from Ethnic Communities $15,000 MULTIPLE SCLEROSIS SOCIETY, B.C. DIVISION Volunteer Legal Advocacy Program

$7,758 LOWER SIMILKAMEEN COMMUNITY SERVICES SOCIETY Family Law Workshops $3,120 PRINCE RUPERT UNEMPLOYED CENTRE SOCIETY Village Outreach

For full details of the programs and projects that received funding, please visit The Law Foundation of British Columbia’s website at www.lawfoundationbc.org. June 2008 BARTALK

classified ads

JUNE 2008

Classified

2008 CBABC Winter Conference SPIRIT OF SAN DIEGO November 21 and 22, 2008

Next deadline: July 4

display Next deadline: July 4

insert

Next deadline: July 9 Next mailing: August 1 Direct BarTalk advertising inquiries to: Jesse Tarbotton BarTalk Senior Editor Tel: 604-646-7856 or 1-888-687-3404 E-mail: jtarbotton@bccba.org

Services intellectual property: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation – Registered Patent Agent, Registered Trade Mark Agent. Practice restricted to Intellectual Property, Victoria, B.C. (www.BCpatents.ca) E-mail: doug@BCpatents.ca.

Join other CBABC members from across British Columbia in San Diego, California at this year’s Winter Conference. Mingle with members of the Bench, chat with colleagues and pick up some tips on improving your practice in the relaxed surroundings of San Diego. Look for details on the agenda, speaker list and registration in the August issue of BarTalk.

CBA (BC) BENEVOLENT SOCIETY’S

Friday, June 13 TH 8PM - 12:30AM (DOORS 7:00 P.M.) Emcee – Rick Cluff of CBC Radio One’s Early Edition

Endorsed by: 390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada

The Commodore Ballroom 868 Granville St. TIX: CBA 604-646-7855 TIX $75 for lawyers ($25 non-lawyers)

Visit Us Online:

Proceeds to the CBA (BC) Benevolent Society, helping lawyers and their families in need

Practice Restricted To WCB Sec. 257 Determinations, Opinions and Court Applications on referral J. G ORDON T HOMSON L

CO R P O R A T I O N

B ARRISTER & SOLICITOR R E G I S T E R E D PAT E N T AG E N T REGISTERED TRADEMARK AGENT

Practice Restricted to Intellectual Property Law Phone: (250) 418-3250 E-mail: gordonthomson@shaw.ca 32

BARTALK June 2008

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

Vahan A. Ishkanian Barristers & Solicitors Cell 604-868-3034 Fax 604-264-6133 vishkanian@pepito.ca

WCB & CPP DISABILITY CLAIMS

GOSAL & COMPANY Barristers & Solicitors Over 14 YEARS of Workers’ Compensation Claims & Appeals Experience*

FREE CONSULTATION

604-591-8187 SARJ GOSAL*, B.A., LL.B. GAIL SAHOTA, B.Comm., LL.B. #254, 12899-76th Avenue Surrey, B.C. V3W 1E6 www.gosalandcompany.com info@gosalandcompany.com