Page 1


volume 20, number 4

Adapt or Perish

It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change.” – author unknown, commonly misattributed to Charles Darwin. The faith that the general public is placing in the service of lawyers is at an all-time low; a perception borne out by the disturbingly steep rise in the numbers of self-represented litigants in our court system. In June, partly in response to this trend, your Provincial Council adopted a resolution that mandated the promotion of public confidence in the justice system to be a priority for this Branch. In his final column as president, Ken Walton provides a thorough examination of how this resolution came to pass, and its proactive intent that sets the tone for this issue of BarTalk. Recent articles in this publication by leaders of the Justice system have indicated that seismic shifts are imminent in how legal services will be delivered. The way in which lawyers respond to and guide potential changes, while promoting positive public perceptions of the profession, will be essential to its continued vitality. As your Association, the CBABC is working on the cusp of these changes, helping members navigate a rapidly changing professional context. In this issue we look at a number of exciting new CBABC initiatives. The Branch recognizes that we must proactively respond to change, both technological

and otherwise, in order to stay relevant and useful to our membership. For her column, our Sections Coordinator, Fran Hodgkins, has solicited feedback from Section Chairs on what makes their Section experience a valuable one. It is telling that she only had space to publish a small percentage of responses she received, reinforcing the importance of our Sections program to members. The recently launched CBABC homepage of our website and the exciting new articles database that will connect B.C. law firms with students are highlighted by CBABC Website Manager Patricia Jordan. The first Annual CBABC Work-Life Balance Award was presented to The Criminal Justice Branch of the Ministry of the Attorney General of B.C. this past July and the event is recapped later in these pages. The Award is an important element of the CBABC’s advocacy for positive work-life balance for all legal professionals. Later in this issue, the results of the BarTalk readers’ survey are examined and our preliminary plans for the improvements in its design, layout and delivery are revealed. Upon turning this page you will notice that the Bar Moves section can now be found in both the front and back of this publication, aptly bookending articles about changes at the CBABC with recent career changes made by your colleagues. BT

bar moves


Bar Moves


Continued on page 27

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

Robert White

ANGELA ATWOOD-BREWKA has moved her personal injury and family law practice to suite 500-645 Fort Street, Victoria, B.C. where she shares office space with Wood McMillan. Richard Parsons has left Slater Vecchio LLP and joins Guy Collette to practise as

an association of law corporations to be known as Collette Parsons. Collette Parsons will act exclusively for plaintiffs in personal injury and medical negligence cases. Robert White has recently joined Boughton Law Corporation’s Securities practice. Mr. White has more than 20 years of experience in corporate finance. STACY PAQUIN has joined the firm of Sivertz Kiehlbauch in Salmon Arm to continue her practice in the areas of real estate, corporate and commercial transaction. Christopher Ellett

Christopher Ellett has joined the firm of McQuarrie Hunter as an associate. Mr. Ellett practises at McQuarrie Hunter’s New Westminster office in the areas of general litigation, employment law and personal injury claims. Will Todd has joined Davis LLP’s Vancouver office as an associate in the Wills, Estates and Trusts and Taxation Law practice groups with a focus on cross-border estate services. Kenneth Armstrong has moved his practice from Cassady & Company to

Stewart and Company effective May 20, 2008. He will be practising insurance (motor vehicle) defence. Michael Holroyd

Steven Lee, formerly of Altridge & Company, has joined Haddock & Company as

Associate Counsel. Steven will continue his commercial and bodily injury insurance defence practice at the firm’s new North Vancouver offices. Michael Holroyd has joined the firm of McQuarrie Hunter as an associate. Mr. Holroyd practises at McQuarrie Hunter’s Surrey office on 144th Street in the areas of corporate and commercial law, and real estate conveyancing and development. L. John Alexander of Victoria was elected as Chair of the Board of Sport B.C. at

the 2008 Annual General Meeting. Mr. Alexander practises law as a partner in the Victoria law firm of Cox Taylor, with a focus on municipal and land use litigation. John Alexander

Kera Rees has joined McCullough O’Connor Irwin LLP as an associate. Mark Gallagher has joined Hungerford Tomyn Lawrenson and Nichols in Vancouver. Mark has joined the litigation group to practise general civil litigation, including commercial, insurance defense, and employment matters.

Mark Gallagher 2

BARTALK August 2008




2 4 5 6 7


Bar Moves Letters to the Editor From the President Executive Director

volume 20, number 4

In this issue we feature exciting CBABC initiatives, recent events and examine the result of the BarTalk Readers’ Survey. From our annual golf tournament, Battles of the Bar Bands around the province, and our recently launched articling database, this Branch and its members will continue to be a dynamic force in B.C.’s Legal Community.

Practice Talk by David J. Bilinsky


Nothing Official

by Tony Wilson



by Patricia Jordan



On the Web

2008 Golf Tournament by Jennifer Weber

BarTalk, Brevity and a B.C. Focus BarTalk Readers’ Survey Kick-starts Positive Change by Jesse Tarbotton and Dierk Ullrich


Acts in Force


20 Events | News 22 Kudos | Calendar 23 National News 24 Member Services 25 Partners | Membership

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


Bar Moves Con’t


Classified Ads


Battle of the Bar Bands

by Eugene Raponi, John Waddell, QC, Roger E. Holland, Clint Sadlemyer and Basil Hobbs


Law Courts Education Society of B.C. Assesses Social Studies Curriculum in B.C.

by Anne Marie Goodfellow


Balancing the Scales of Work-Life

by the Work-Life Balance Committee

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

August 2008 BARTALK



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:

The Dumbing Down of Radio 2 – Tony Wilson (VOL. 20, No. 3)

The mail from Canada was just delivered to my office in Tokyo, and I read your article in the June 2008 issue of BarTalk about the proposed changes at CBC Radio 2. It’s shocking that we, the Canadian public, will allow those “in charge” at Radio 2 to get away with this. It smacks of kingdom building by a few who have a selfish need to leave their indelible mark on Canada. Well in the process of allowing those “in charge” at CBC to build that kingdom for themselves, we are allowing them to destroy an irreplaceably valuable part of Canada. From my perspective in Tokyo, one of the most attractive things about returning to Canada is the time I spend listening to CBC Radio 2. If the proposed changes are put into effect, Canada will have lost one of its most valuable cultural attributes. There must be some strong organized movement in Canada to stop this.

– P. Anthony McArthur Partner, Davis LLP

Work-Life Balance Retreat October 3-4, 2008 Don’t miss the Work-Life Balance Retreat, Friday, October 3-4, 2008 at the Penticton Trade and Convention Centre. Register now with our enclosed registration form in this month’s BarTalk! Join the Work-Life Balance Committee for our day long program “The Balancing Act – Keeping Your Balance in the Practice of Law” followed by a gourmet dinner with fellow attendees at the Convention Centre. Don’t miss out on the Saturday wine tour to local wineries with Okanagan Wine Country Tours. Enjoy a gourmet dinner on the waterfront Saturday evening at the Hooded Merganser Bar and Grill. Most of all, enjoy a relaxing and informative weekend in the heart of wine country during the Okanagan Wine Festival. Our retreat is generously sponsored by Dehoney Financial, Commonwealth Legal, CBIA and Interlock.


BARTALK August 2008

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 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

KenNETH WaLton

from the president

Respect for the Justice System


Appeal. In his speech of reply, one n June 21, 2008 amid new justice thanked the public for much enthusiasm, being willing to come forward and our Branch adopted a offer testimony during the six plus resolution making it a years he heard trial evidence. priority to promote respect for the Two days later, I received a justice system. Overseeing this inimessage from the Ladysmith tiative falls on the past president, a RCMP. Yes, they would be happy position I will take in mid-August. to supply a police report concernHere are some of my personal ing my client’s accident (frequently views on this concept. First, clearly readily available to counsel) proour judges try very hard to get jusKenneth Walton vided I got a court order or made tice right. The fact that the overPresident 2007/2008 an Access to Information request. whelming majority of civil and B.C. Branch Colleagues tell me that this hapcriminal cases go without a hitch Canadian Bar Association pens in other local municipalities isn’t news. What is “news” are the and RCMP detachments. murders, the innocents killed by street racers, and The B.C. Ambulance people refuse to let me scoundrels charged with offences while lolling in a interview their attendants who it appears are imporforeign land but not extradited. The press highlights tant potential witnesses. The prospect of a motion these issues without necessarily balanced or accurate under Rule 28 does not deter. reporting. Thus, the public believes that, but for fudWhat respect for the workings of the civil justice dle-minded judges, criminal acts would disappear. system do these examples show? It’s not just the high profile, newsy case reporting You may think that this strays substantially from that denigrates our justice system; it is also an issue of the public’s well known lack of respect for the legal public, and alas, governmental attitudes. system and its various players. To me it is all part of the Some years ago a driver had a panoramic view problem. If sophisticated government agencies have of an accident my client was involved in. The witness such little regard for our work that they erect expenrefused to say anything until she was subpoenaed and sive barriers to the provision of basic information, why questioned in court. I suspect that had the witness should we expect the public to be cooperative? been the victim, and my client the witness, she would This is much more than surface disrespect for expect my client to offer cooperative testimony. the legal system. It requires a societal shift in attiMy adult children do not drink and drive because tudes. It will be expensive to effect. It will require the the school system drilled into them the evils of drinkefforts of all of the major players in the justice field, ing and driving. Perhaps it is time for the school the Ministry, the courts, the law schools, the Law system to make mandatory learning in basic civics Society and the police. so our citizens will recognize their duty to us all. If you have thoughts, e-mail me at fkwalton@ Perhaps once people understand the protection our I could use your helpful suggestions, and for citizens enjoy, they may be less accepting of the conthat matter, your help. temporary attitudes toward the legal system. It has been a great privilege being your president. I On Monday June 16, on behalf of our national wish you success in your practice and personal life. BT president I greeted three new judges to our Court of August 2008 BARTALK




Life’s Tough…and Then You’re Called to the Bar Why it pays to belong to the Association that makes you a priority


ife in law has its chalWant a little fun in your lenges. Our job at the professional life? We’re unbeatCBA is to make your life able when it comes to matchingeasier – it’s our focus in up great PD with fabulous social every decision we make, and every activities. This fall, for example, dollar we spend. Anticipating we have two exceptional events and meeting our members’ needs that you should try hard to work begins with our cheery receptioninto your calendar. ist Brenda, and runs right through First, on October 3rd and 4th, our operation, up to the President invest a little time in yourself for and entire Executive. We look for big payoffs later in the year – our Caroline Nevin every opportunity to add value to Work-Life Balance Retreat offers Executive Director CBA membership. practical PD sessions, better-life B.C. Branch No time to build a compelprofessionals, a gorgeous resort Canadian Bar Association ling case for changes to legislation location in the Okanagan, and or court rules, or to stay on top of great optional social events as part what’s happening? We have a Legislation and Law of the fall Wine Festival. Then, on November 21, Reform Officer, senior staff and highly respected lawwe kick-off our third big annual Conference, this yers who work hard to protect the profession’s intertime in San Diego. Previous events in Las Vegas ests and to inform lawyers of important changes. and San Francisco were huge hits, with an almost Too busy to do a 2-day CLE? We offer biteuniversal “we’ll be there next year!” response from size professional development every month through those who went. You can’t beat the speaker line-up, 37 National and 68 Branch Sections and Forums, which includes the Presidents of the California and in person and through live-action computer feeds. San Diego Bar Associations, Omar Khadr’s legal Drowning in information overload? Check CBABC counsel, renowned U.S. trial lawyer James Brosnahan News & Jobs for a once-a-week e-mail summary and B.C. guest speakers including Attorney General of key news, events and career options. Or cruise Wally Oppal, Justices Hinkson and Myers, and LSBC PracticeLink for fast articles from the pros. Bencher Gavin Hume, QC. This one event alone gives Need to find another lawyer fast? CBA members you 11 hours of Professional Development credits! get free access to the Lawyers Online Directory, searchCustomer Service is the driver behind everything able by name, firm, location and practice area. And, even we do, which is why I and the 17 staff your fees fund more amazing, access to Practice Advisory Panels of work so hard to give you our best every day. We’re a senior members of the Bar who volunteer to answer – for small operation with a big heart and endless imagifree – any questions about their area of legal expertise. nation – got a good idea you want to run by us? We’ll Worried about the Law Society’s new requirelisten. Got a pet peeve that you think we can help ments for Professional Development hours? We’re at solve? Tell us. We believe that you should join the the forefront of working with Section Chairs, Local CBA for lots of good reasons, but most of all because and County Bar Associations, leaders in the field, and we care. Put a CBA membership card in your wallet, partners like CLE, to make sure you have as many or a CBA Member Firm certificate on your wall, and practical, easily-accessible options as humanly possible. put us to work for you! BT 6

BARTALK August 2008

david j. bilinsky


Reaching for New Horizons Offering what you need…

You can’t always get what you want, but if you try sometimes, well you just might find, you get what you need… Words and music by Mick Jagger and Keith Richards.


3. Publications and Communications:

The CBA has started expanding the content of the Branch publications and seeking to make them all searchable on Google (i.e. not hide the contents behind a membership wall) in order to drive potential members to find value in CBA membership.

t is commonly believed that young people do not join traditional associa4. Professional Development: tions. However, in 2006, the David J. Bilinsky is the Practice With mandatory CLE coming in William E. Smith Institute released Management Advisor for the B.C., the CBA can become a leading a report: Generations and the Future LSBC. E-mail: resource for education and training, of Association Participation that Blog: particularly if they adopt web-based found that contrary to commonly programming. The CBA has started held assumptions – Generation X podcasting CLE on their website in practice management. and Y workers (born after 1965) show every indication of joining associations at even higher rates than Baby 5. Expanding Membership: Boomers (born between 1946 and 1964). (http://www. The American Bar Association has an associate class of membership which allows non-lawyers as So what is or can the CBA be doing to appeal to associates. Opening membership wider allows for an young and young-at-heart members? Here is my short expanded membership base as well as increasing the list of things that the CBA has started or could be doing critical mass for Section activities. It also allows for further that adds value to my CBA membership (and more bodies to be thrown at tasks! hopefully to others as well):

1. Discussion Groups:

The B.C. Branch and the National Office have started listservs (online discussion groups) that allow 24/7 sharing of information and enhance the value of Section membership. These allow for virtual “Section meetings” and allow members to dialogue “real time.” 2. B.C.-Oriented Practice Support:

The CBA could provide extensive document precedents, resource lists, lists of mentors, lists of consultants and other materials to enhance the solo and small firm lawyer’s ability to practice law. The B.C. Branch has started to post information kits and standard forms on their website.

6. Brown Bag Sessions:

Holding regular live “open to any member” presentations on practice management topics are “low hanging” fruit that add value to membership and can be captured and put on the web for later access. 7. Lending Library:

Establishing a loaner program for books on practice management (or on other topics) is another “low hanging” fruit that could enhance Section membership. So to follow Mick’s advice, if the CBA changes to increase the value of the membership in order to attract more non-members to join, it may find that while it doesn’t get perhaps what it wants (100 per cent participation!) it may find that it gets what it needs.... BT August 2008 BARTALK


nothing official


Life’s Short – Get a Divorce

Marketing tips for insane lawyers (or those just wanting to get on TV)


ome time in 2007, an I say we could all learn from enterprising business in this bold marketing initiative and Chicago erected a billabandon silly umbrellas, hats and board in a prominent part golf balls with our logos on them. of the city that I must describe in They’re so small town cheap! So prurient detail. On the left side was here are some tips of mine to help a photograph of a provocatively your firm get on TV! Remember, undressed woman, sitting on a bed, no publicity is bad publicity! leaning toward the camera adverOn roads near funeral homes, tising her thong, her skimpy black your firm could put up this billTony Wilson has written for lingerie, and her immodestly disboard: “Disinherited? Ask about the the Globe and Mail, Macleans played breasts, which may or may Wills Variation Act.” Or near hosand Canadian Lawyer. He not have been enhanced by digital pitals, your billboard could read: hopes he hasn’t “Jumped the software, surgery or my memory. “Wrong diagnosis? We sue doctors!” Shark” by using this picture Of note was that you could not see Or, for truly creative marketers, twice in one year. her face. It was a torso only shot, after unsuccessful operations, you but it was quite a torso. could offer to put the same slogan on the most underIn the event BarTalk gets scads of complaint used advertising space in the world: coffins! That will letters about the last paragraph, I must give equal definitely get you on TV. Or disbarred (Or both)! offence to the right side of the billboard. It was a phoA little risk averse? OK, you could emulate the suctograph of a man, (perhaps the zeitgeist counterpart cessful “Junk” franchises and surreptitiously slap your of the woman described above). He was muscular, firm logo (and a catchy 1-800 number) on telephone buff, ribbed, potentially enhanced and similarly poles and strategically parked trucks: 1-800-SUEheadless; it also being a torso only shot. ANYONE. Too crass? OK, how about supporting I suppose if they were selling fitness classes, exerkids’ sports teams by requiring this slogan to go on cise bicycles, lingerie, plastic surgery, towels, Viagra or the back of hockey and lacrosse jerseys with your logo: condoms, there wouldn’t have been the brouhaha that “Bad Call? We sue referees and the parents of goons.” there was. But in between the lusty and busty images Over the top? OK, be that way. Simply use me was the ad’s pitch. They were selling legal services. The in your marketing endeavours. Having just bought a ad read: LIFE’S SHORT – GET A DIVORCE. The new sailboat, I’ll let you place your logo all over the stunt got the firm on every TV screen in the U.S. nice new sails you buy for me in time for the VicThe billboard came down after the partners got Maui race. Pay me boatloads more money and I’ll enough media exposure to get make them “celebrirename the boat after your firm! ties,” which, being the United States, is probably Want to promote the “shark” theme to adverwhat they wanted in the first place. One partner, tise your litigators? OK, I’ll make sure my wetsuit who it turns out was the lurid female torso in the prominently features your firm logo the next time I billboard, will apparently do a nude photo shoot for go shark diving, just like a European soccer player’s Playboy this year, giving a whole new meaning to jersey. Of course, you’ll have to pay me loads of cross-marketing your firm amid stiff competition, money to do it, because it’s very dangerous. exploiting your best assets and other limp clichés. Not as dangerous as this advice though. BT 8

BARTALK August 2008



Easier to Access, Easier to Use


ou are invited to visit the redesigned CBABC website at We are working to bring members better online access to services, tools and resources. Our new design features seven main categories: Membership, CBA Initiatives, Professional Development, CBA Publications, Practice Resources, Public/Media and About. Here is a brief introduction to each category.


Lawyers Forum and the Canadian Corporate Counsel Association here. Practice Resources

Visit this section for information on the Articles Registry, Practice Advisory Panel listings, the Member Dispute Resolution Service, information kits and standard forms, legal careers and more. Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions. Tel: 604-646-7861 E-mail:

Discover the many benefits of CBA membership and learn about the CBA Preferred Supplier Network and “Special Programs” such as the Birth/Adoption Benefit Program, Waiver of Dues Program, Members’ Special Circumstances Fund and monthly payments. This area provides fees and eligibility information with links to join the CBA, membership renewal and how to update your member profile online. CBA Initiatives

The CBA promotes the interests of its members on a number of fronts within the legal community and at large. Visit this area to learn about the CBA’s advocacy role and its submissions to government. Information on public awareness campaigns, the volunteer registry, Lawyer Referral Service and agreements with international bar associations is available online. Professional Development

The CBABC offers its members a full range of professional development opportunities that provide a valuable skills-improvement forum and an opportunity to exchange ideas with colleagues and Bar leaders from across Canada. CBA National CLE Conferences are now even more convenient thanks to our live, online CLE sessions. Find information on Sections, the Women

CBA Publications

Search our archives for BarTalk, Branch Annual Reports, minutes of Executive Committee and Provincial Council meetings, Legislative Update and current issues in legislation and law reform. Members have free access to Section Papers and the lawyers’ portion of the online directory at


This section provides information on CBABC programs, including Dial-A-Law, the Lawyer Referral Service and Law Week. The Media Contact Guide, an archive of CBABC news releases and a list of CBA and CBABC awards are available in Public/Media. About

In About you will find Branch contact information, CBABC bylaws, a list of CBABC committees, the CBA privacy policy and frequently asked questions.

 Site du Jour

Site du Jour CBA Law Week:

Visit the site for information about Law Week 2008 events that were held throughout British Columbia. BT

For information on the Articles Registry see page 27. August 2008 BARTALK



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 in Sections and Groups, for enrolled CBA members. Corporate Counsel Meeting: May 6, 2008 Speaker: John Leckie, Gowling Lafleur Henderson LLP Topic: What’s the deal with the skill-testing question?

Criminal Justice – Vancouver Meeting: June 26, 2008 Speaker: Hersh Wolch, QC Topic: Compensation for the Wrongfully Convicted

(and other common Advertising and Promotions Law questions)

Eighty members in attendance at the Section’s AGM were treated to a humorous and thought provoking talk by Hersh Wolch, QC who was called to the Manitoba Bar in 1962 and has become a leader in the field of representing wrongfully convicted individuals ever since. He was the only counsel to actually conduct a trial before the Supreme Court of Canada in the David Milgaard case. Mr. Wolch dealt with the thorny issues that occur in the aftermath of a wrongful conviction. He pointed out that law enforcement personnel and the prosecution looks for “after the fact” justifications for their mistakes and refuse to deal with the wrongs that have been committed by them. He said there are only two ways to obtain compensation for the wrongfully convicted: a negotiated settlement and an action in tort. He prefers the negotiated settlement over the action given the difficult issues in proving one’s actual innocence required in an action.

John Leckie, a highly recommended practititioner in the area of Advertising and Promotions Law, recognized in The Best Lawyers in Canada, and a partner in the Intellectual Property Group of Gowling Lafleur Henderson’s Vancouver office delivered an informative PowerPoint presentation on the regulations and common issues of Advertising and Promotions Law. He discussed the federal and provincial legislation governing advertising including false and misleading advertising, comparative and price advertising, contests and promotions, as well as online promotions, user-generated content and regional considerations. Mr. Leckie provided examples from the case law of the potential pitfalls in executing an advertising campaign or promotional contest. A lively discussion ensued after the enlightening presentation.

Insurance Law Meeting: June 19, 2008 SpeakerS: Tony Saunders, Mr. Justice Christopher Hinkson, Chief Justice Lance Finch Topic: Insurance Law Section Lawyer of the Year Dinner and Roast, and AGM

Two long-time contributors to the Section and B.C. insurance law in general were honoured at this AGM dinner meeting. Donald Yule, QC and Gordon Hilliker, QC were chosen Insurance Law From left to right: Donald Yule, Section Lawyers of the Year and were treated to hilarious roasts QC, Gordon Hilliker, QC, Chief by Tony Saunders and Justice Christopher Hinkson, respectively. Justice Lance Finch and Mr. Chief Justice Lance Finch presented the awards, adding a few Justice Christopher Hinkson more serious and humorous remarks. From the reception of approximately 150 attendees including friends and family members of the honourees, judges, lawyers and insurance industry representatives, it was obvious that Mr. Yule and Mr. Hilliker were extremely well deserving of their awards. Concluding the evening festivities, the Section Executive elected a new Secretary, Dana Romanick and thanked retiring Chair, Stacey Boothman, for increasing interest and attendance in the Insurance Law Section events over recent years. 10

BARTALK August 2008

Poverty Law Meeting: April 24, 2008 Speaker: The Honourable Judge Thomas J. Gove Topic: Downtown Community Court Initiative

Judge Gove provided a background on the project and creation of Vancouver’s Downtown Community Court (DCC) scheduled to open July 2, 2008 behind the Provincial Court at 222 Main Street. The Downtown Community Court, which is on a three year evaluation contract, will be the intake court for a broad range of less serious offences relating to summary proceedings, such as theft, car break-ins, assaults and drug possession, that are committed in the geographic area defined as the downtown peninsula west of Clark Drive and north of Great Northern Way and False Creek. Such offences account for about 70 per cent of the crime in the area and involve about 1,500 accused a year. The goal is to have these accused appear in court within several days of the date of the offence and have cases resolved within the first or second appearance.



David Halkett, Family Law Westminister Chair 07/08

Robert Lesperence, Environmental Law Co-Chair 07/08

“I find Section HAinvolvement to be

an invaluable part of the practice of law. Not only do I learn about recent developments in the law and practice points, the collegiality and camaraderie that develops between counsel greatly increases the satisfaction I have in my practice.” “I can say, without reservation, that attending Section meetings enhances professional development. Not only do they provide valuable insight into recent case law, amendments to legislation and environmental trends, but Section meetings provide a forum for environmental lawyers to exchange ideas and discuss key topics that concern their practice.”

A discussion period followed Judge Gove’s informative and interesting presentation. Young Lawyers – Okanagan Meeting: April 9, 2008 Speaker: Master Barbara M. Young, Supreme Court of B.C. Topic: Surviving the First Ten Years in the Practice of Law

This well-attended meeting in Kelowna featured Master Young, who outlined tips and provided insight into surviving the first ten years in the practice of law. Some of her many useful suggestions included the following: set goals and review them on a regular basis; get a mentor and be a mentor; maintain a broad practice base for as long as you can; talk about your files with other lawyers early and often; and negotiate fairly for your clients and for yourself. Master Young also encouraged getting involved with legal organizations such as the CBA or the Trial Lawyers Association. At this meeting, Executive elections also took place, and four young lawyers volunteered to serve as officers for next year. BT



“Only in Section Meetings do you have an opportunity to run ideas and questions by your colleagues in person in an informal setting, whether individually or in a group. Part of learning is benefiting from others’ experiences in the same field as you.”

“As Crown Counsel, the Sections are important to me as I practise only criminal law. Although the Crown provides many internal training opportunities, I think the opportunity to learn together with defence counsel and to hear their point of view allows me to maintain a more balanced perspective and to do my job better.”

Charlotte Soloman, Civil Litigation Vancouver Island Chair 07/08 Carmen Rogers, Criminal Justice Victoria Co-Chair 07/08

August 2008 BARTALK


SIGN UP TO BE A LAWYER REFERRAL LAWYER – YOU WON’T REGRET IT! How It Works Lawyer Referral Service enables the public to consult with a lawyer for up to 30 minutes for a fee of $25. After the consultation, the fees to be charged are strictly between the lawyer and the client. The lawyer is not obliged to accept the applicant’s case and the applicant is under no obligation to retain the lawyer. The Lawyer Referral Service is open to CBABC members and nonmembers. The names of geographically registered lawyers circulate on our system in rotation, through each of the panels (areas of law) in which they are listed. The Lawyer Referral operator receives a telephone call from a member of the public and after screening to determine the category of law required, provides the appropriate lawyer’s name and advises as follows: 1. it is the applicant’s responsibility to make the appointment; 2. the lawyer will charge $25 for up to the first 30 minutes of consultation but after that period, the fees are strictly between the lawyer and the applicant; 3. when the applicant calls the lawyer to make the appointment, the applicant should advise that the lawyer’s name was provided by the Lawyer Referral Service; this is to let the lawyer know that he or she is only to charge this minimal fee. Your Obligations Your registration in the Lawyer Referral Service is voluntary; however you must maintain membership in good standing with the Law Society of BC in order to remain listed in our Service. You have the same professional obligations to Lawyer Referral clients as to any other client. Benefits Many lawyers registered in the Lawyer Referral Service as a public service, and have few expectations with respect to gaining clients. Others find the Service a good source of client referrals. Regardless of your motivation, we encourage you to get involved in this worthwhile program.

LAWYER REFERRAL SERVICE APPLICATION FOR PANEL REGISTRATION Law Society Member No. _______________________________________________________ Mr.

Ms. _________________ / ________________ / ____________________________ First Name

Middle Name

Last Name

Firm: _______________________________________________________________________ Address: ____________________________________________________________________ Unit #

Telephone: (



)_____________________ Facsimile: (

Postal Code


Toll Free Tel: __________________________ Toll Free Fax: __________________________ E-Mail: ______________________________________________________________________

To register: Fill out the brief enrolment form and fax it back to 604.669.9601 or 1.877.669.9601. LRS staff will contact you for further information. Or Visit to download complete application kit.


BARTALK August 2008

2008 Golf Tournament

The 12th Annual Canadian Bar Association/ Vancouver Bar Association Golf Tournament held on June 19, 2008 was a tremendous success raising more than $12,000 in support of the Law Students Awards Funds. After many bogies, pars and an eagle or two, golfers headed for the “19th Hole” for a fabulous buffet dinner and slide show featuring all the participants. The winning teams are listed below:

*See photos on page 20 Individual winners were:

Winning Team with a score of -10 was: • Brad Martyniuk • Chris Martin • James Gopaulsingh Most Honest Golfers were the team of: • • • •

Kimberly Burns Jessica Sisk Roehle Lisa Trienis Helene Wheeler

Sponsorship Support Thank you to the sponsor of the Hole in One Contest: Dorsey & Whitney LLP. The CBABC and the VBA thank our Hole sponsors, who provided many bonuses for golfers as they made their way around the course. With chances to win a BMW, a motorcycle and other giveaways and games, players had a great time. Hole sponsors were: • • • • • • •

Benwell-Atkins Ltd. The Counsel Network Dye & Durham Pan Pacific Hotel Vancouver ProGroup Sales and Leasing Stewart Title ZSA

Golf Ball Sponsor: Business in Vancouver Maple Leaf supplied a complimentary barbeque for golfers as they approached the 2nd hole.

• • • • • •

Lady’s Closest to the Pin: Men’s Closest to the Pin: Lady’s Longest Drive: Men’s Longest Drive: Marshmallow Drive: 50/50 Draw:

Barbara Collins David Ebert Cathy McCrae Ron Pelletier Ron Pelletier David Sully

Two golfers sank a putt in the annual putting contest, with one ball teetering on the edge of the cup. The winners: • Tied for first: • Third place:

Timothy Delaney and Daniel Nugent Michael Dunn

A Silent Auction was held during the dinner and prizes that included weekend getaways, golf equipment, and gift certificates were kindly donated by the following sponsors: • Blue Monkey Baby Emporium • Canadian Springs Water Co. • Cherry Point Wineries • Coast Bastion Inn • Comfort Inn • Continuing Legal Education Society of B.C. • Delta Sun Peaks Resort • Delta Vancouver Airport Hotel • Delta Victoria Ocean Pointe Resort & Spa • Fairmont Chateau Whistler

• Manning Elliott Chartered Accountants • Marriott Vancouver Airport • Metropolitan Hotel • Opus Hotel • Pacific National Exhibition • Park’N Fly • Premier Envelopes • Rosedale on Robson Street • Sequoia Company of Restaurants • Sutton Place Hotel

• Fairwinds Community & Resort • Georgian Court Hotel • Granville Entertainment Group • Harbour Towers Hotel & Suites

• Tigh-Na-Mara Resort • TPH The Printing House Ltd. • University Golf Club • Wedgewood Hotel

• Heenan Blaikie LLP • Helijet • Hyatt Regency Hotel

• William Tell Restaurant • YoungPro Promotions • Hyatt Regency Hotel

Thank you for all your support. We will see you next year! August 2008 BARTALK




Victoria Battle of the Bar Bands – March 5, 2008 The Third Annual Victoria Battle of the Bar Bands unfolded at “Element” nightclub in the basement of the Strathcona Hotel on Wednesday, March 5, 2008. Initiated as a fund-raiser for the CBA (BC) Benevolent Society and its most useful work, this year’s event represented a great leap forward with a larger venue, an increasingly experienced organizing committee and a diverse group of five bands that sprung from Victoria, Nanaimo and the Lower Mainland. God’s gift to a microphone, Bill Murphy-Dyson, once again played host to a jolly crowd of more than 300 rock n’ rollers. Lawyers, spouses or partners of lawyers, legal support staff and an eclectic number of groupies, roadies and family friends hopped and bopped to the sounds of: • Victoria veteran bands, the Reverbs, Blind Elmo and the Witness; • Our Vancouver House The Noted Uppers Band, the Singletones; and • Nanaimo’s Shed, a group of eight first timers who drove south in a Bentley and displayed an astonishing range of facial hair. The expert use of the trusty Applause O’ Metre by family law jousters Eugene Raponi and the aforementioned Barrister Bill Murphy-Dyson led to a well-deserved victory by the Witness whose members are: Mike Frey (lead guitar and vocals), John Coupar (keyboards and back-up vocals), Mark Slay (drums) and Ted Evans (bass). It was a gutsy win, given that vocalist Mike Frey arrived suffering from laryngitis and in tears. Other bands suspected Frey was faking the symptoms as a psychological ploy to lull his competitors into a false sense of security and to play on the sympathy of the crowd. Other memorable moments included Rockin’ Robbie Sheffman trying on a Van Morrison tune dressed in a maroon leisure suit and unidentified members of defending champs, Blind Elmo, taking wild swings at each other during their fourth number. You gotta love rock n’ roll. 14

BARTALK August 2008

This year’s event more than doubled the take of previous year’s battles with a total going to the Benevolent Society of more than $12,000!

Vancouver Battle of the Bar Bands – June 13, 2008 The Seventh Annual Vancouver Battle of the Bar Bands took place at the Commodore Ballroom on Friday, June 13, 2008. This year’s battle proved to be the most successful to date, both in terms of fundraising for the CBA (BC) Benevolent Society and in terms of entertainment value. Eight highly competitive bands: Blind Elmo, The Disclaimers, Molten Canadian, No Reply, The Noted Uppers, Still Living at Home, The Suits and Twisted Solicitor all competed for the coveted ZSA Cup for the best band. From its inception, the event has been characterized by a good natured tongue-incheek, albeit competitive, rivalry between the bands all vying for rock n’ roll supremacy. This year was no exception as the performances from all bands were exceptional. The panel of judges consisting of Justices Jon Sigurdson, Lynn Smith and Mary Humphries, together with Ralston S. Alexander, QC had an incredibly difficult task in determining the winners. This year’s winner was The Disclaimers, a perennial crowd favourite, comprised of Pat Haberl, Andre Beaulieu, Lindsay Goldberg, Mike Varabioff, Pat Madaisky, Gord Rogers, Mike Taylor, Bill Pazlawski and Dave Ronald. The band has evolved considerably over the years. Originally a gritty hard rocking three piece band, it is now a polished nine piece ensemble with horns. Led by vocalist/guitarist Pat Haberl, the band delivered a great high energy set that clearly put the band in the winner’s circle. Second place this year went to Twisted Solicitor. They delivered a great dance-oriented set and in particular, vocalist Scott Smythe did a great job on Rio and vocalist Sarah-Jane Bird shone on the Rehab song – her ability to nail the song being the only thing she shares in common with Amy Winehouse.

Third place went to the The Noted Uppers. Fronted by the always entertaining David Hay, this band consists of fourteen musicians, including a horn section and four black-clad female back-up vocalists. This band gets more slick and polished with each passing year. They also bring perhaps the most eclectic choice of songs and David Hay’s showmanship is something to behold. The Noted Uppers are always a treat to watch and always one of the highlights of the Battle of the Bar Bands. This year’s event raised in excess of $80,000 for the CBA (BC) Benevolent Society. The Society is deeply grateful for the efforts of all the bands, both in terms of their musical talents and also in terms of the great efforts they make to sell tickets and to secure sponsorships. Tickets sold out three weeks prior to the date of the event. Plans are afoot for next year’s 8th Annual Battle of the Bar Bands which will no doubt be taking place on a hot and humid evening in June 2009.

CBA (BC) Benevolent Society “I underwent four intense rounds of chemotherapy as an in patient and my treatments concluded with an intense 3-day bout of total body irradiation, followed by a stem cell transplant…these days I am feeling pretty well, all things considered, and the cancer shows no signs of coming back…I am not sure how we can ever sufficiently thank all of you for your generosity…your gift helped us immensely.”

Formed in 1997, the Society provides financial assistance to lawyers and their families who have suffered a disabling illness or injury. The circumstances are always tragic, and are among the most dire one might ever encounter. The Society’s capital fund was provided by the members of the B.C. bar who contributed $100 each in 1997 and 1998. The interest from the Society’s capital fund which provides grants and loans is not sufficient to fund growing requests for assistance and the Society has sought to raise additional funds to meet those needs. The Annual Battle of the Bar Bands has been by far the most successful fund raising event for the Society. Held in Vancouver for the past seven years and in Victoria for the past three years, these events have raised thousands of dollars for the Society. The enthusiasm from these events is catching on as Nanaimo will host its first Annual Battle of the Bar Bands on October 4, 2008. It is significant that there have been no paid staff running the Society and the Directors devote their time on a voluntary basis. To date the Society has provided thousands of dollars of benevolence to our colleagues and their families. It is all about lawyers helping lawyers. BT For the full article details, including special thanks to all who organized, participated and sponsored these events, go to

Mark October 4, 2008 In Your Calendar Saturday night, October 4, 2008, at The Queen’s, Nanaimo’s premiere venue for live entertainment. Nanaimo’s first annual Battle of the Bar Bands, will be presented by the Nanaimo County Bar Association in conjunction with the CBA. All proceeds will go to the CBA (BC) Benevolent Society. Be sure to mark this one in your calendar. Partners in firms should consider purchasing tickets for their lawyers and staff as this is sure to be one of the most talked about social legal functions of the year. Tickets are $25 each or $250 for a pack of 10.

The Queen’s in Nanaimo

Bands should have at least two or more lawyers as members and entry is open to all B.C. lawyer Bar bands. Deadline for entering a band is September 12, 2008. Contact Clint Sadlemyer at for information on entering your band and Menaka at for tickets.

August 2008 BARTALK



Anne Marie Goodfellow

Law Courts Education Society of B.C. Assesses Social Studies Curriculum in B.C.


he Law Courts and connect school with students’ Education Society of lives.” (p. 3) B.C. is conducting a However: project called B.C. “Many students find social Law and Citizenship Curriculum studies boring and do not see the Assessment in order to examine relevance of course content to their strategies to ensure that all students own lives. This perception may Left to right: Lisa Nakamura, graduate from secondary school negatively affect their attitudes Ministry of Attorney General; with the skills and knowledge nectoward historical inquiry, governRaquel Chin, B.C. Social Studies essary to be active citizens. ment processes and involvement as Teachers’ Association; Gene The project is being guided by engaged citizens in society.” (p. 3) Jamieson, Provincial Court of an Advisory Committee that incl“Fewer than a quarter (22 per B.C.; Allison Habkirk, Local udes Caroline Nevin, Executive cent) of educators feel that stuGovernment Leadership Academy Director of CBABC. Also on the dents have ample opportunity in committee are people from the Ministry of Education, required social studies courses to practise active citiMinistry of Attorney General, Ministry of Communzenship, and many feel that the curriculum does not ity Services, BCTF, B.C. Social Studies Teachers’ adequately help students feel connected to Canadian Association, B.C. Principals’ and Vice-Principals’ politics or develop the attitudes and abilities to be Association, Provincial Court of B.C., B.C. Civil Libactive participants in a democratic society.” (p. 4) erties Association, Local Government Leadership Why are B.C. students not graduating with the Academy and the District of West Vancouver. With requisite knowledge to be informed citizens? all this expertise, the Law Courts Education Society In the current system students are required to take of B.C. is in the process of developing some important Social Studies K through 10. In order to graduate, each recommendations for improving the existing social student must take one of Social Studies 11, Civic Studies studies curriculum in the areas of law and citizenship. 11, or B.C. First Nations Studies 12. These courses as What are we teaching our students about they exist do contain some elements of law and citizenlaw and citizenship? ship, but in themselves do not cover enough to enable Last year’s Ministry of Education Social Studies students to become informed citizens. Through this Curriculum Needs Assessment (Grades 8 to 12) discussproject the Law Courts Education Society of B.C. will es issues that need to be addressed concerning law be inserting content to ensure that all students, regardand especially citizenship in the current curriculum less of which of the three courses they take, will gain (see Executive Summary at the knowledge required to be active citizens. On the upside: Revised curriculum materials will be ready for “The focus on citizenship education…as the feedback from interested parties by fall 2008 through the central goal of the social studies curriculum is approproject website ( Also, the B.C. priate and should continue.” (p.2) Social Studies Teachers’ Association fall conference “There is a growing trend toward the use of com(October 24, 2008) will include a workshop on the project. munity engagement and active citizenship projects to For additional information, please contact the project take social studies learning beyond the classroom manager at BT 16

BARTALK August 2008



Balancing the Scales of Work-Life


.C.’s Prosecution • Real Estate Errors and Omissions Insurance CorpService made hisoration was noted for its comtory on June 27th mitment to flexible benefits; when the Canadian • Gourlay Spencer Wade’s Bar Association B.C. Branch nomination highlighted a presented the Criminal Justice Left to right: Antonio Zivanovic (President commitment to volunteerBranch of the Ministry of of Corporate Occupational Solutions Inc.); ism, physical fitness and Attorney General with the Assistant Deputy Attorney General R.W.G. building community both CBABC’s first-ever Work(Bob) Gillen, QC; Attorney General Wally Oppal, QC; and Catherine A. Sas, QC (Chair inside and outside the firm; Life Balance Award. of the Work-Life Balance Committee) • Boughton Law Corporation Attorney General Wally was noteworthy for its GuidOppal presented the award to ing Principle related to a balanced lifestyle and prosecution service head Assistant Deputy Attorney for striving to create a family-friendly law firm; General Robert W. Gillen, QC. Deputy Speaker • Murphy Batista’s nomination was impressive of the Legislative Assembly Sindi Hawkins also in that it successfully implemented a completeattended the event. ly digital practice; and The award, sponsored by Corporate Occupa• CLE’s nomination highlighted the strengths tional Solutions Inc., recognizes the leadership of responding to the needs of each individual and commitment of an organization in the legal employee in a respectful and personal manner. community to work-life balance in the practice of The CJB nomination distinguished itself on a law. President, Antonio Zivanovic commended the number of levels. The far reaching commitment CBABC for its leadership on this issue. from an organizational perspective to building a Presenting the award, Attorney General Oppal work-life balance culture that retains and attracts praised the CBABC for its vision of work-life balemployees was evident. ance and underscored the importance of acknowlInherent in the CJB business plan was a broadedging that illnesses and setbacks should awaken based wellness commitment. Flexible work arrangeus to balance life at work and life outside work for ments, a comprehensive Internet wellness site optimal health. provided by Interlock, and ongoing professional Others nominated for this year’s award were: David development related to resiliency were highlights. Hobbs; Real Estate Errors and Omissions Insurance “We are sending a message to our Branch memCorporation; The CLE Society; Gourlay Spencer Wade; bers that it is more than just acceptable and right to take Murphy Batista; and Boughton Law Corporation. care of themselves and their families; it is essential for Members of the Criminal Justice Branch’s Health their well-being and the success and resiliency of our and Wellness Committee, representatives of the other organization as we deliver a vital service to the public nominees, Interlock, Benchers of the Law Society of B.C., of British Columbia,” said ADAG Robert Gillen. and the Women Lawyers Forum were in attendance. A representative from the CJB, Terry Schultes, The high quality of the nominees was impressive QC Regional Crown Counsel, will be speaking on the by any standard: issue of Resiliency at the upcoming CBABC Work• Dave Hobbs was recognized for his ironman adventure and volunteer work; Life Retreat in Penticton, B.C., October 3, 2008. BT August 2008 BARTALK




BarTalk, Brevity and a B.C. Focus BarTalk Readers’ Survey kick-starts positive change Preface:

Most read items in BarTalk are The “Cover Story” (53.06%), “Practice Talk” (48.98%) and “Bar A Spanish proverb says that everything must change so Moves” (48.3%). that it remains as it is. For BarTalk it means to ensure These results mirror the 2007/2008 statistithat it remains relevant and useful for its primary audical information available for visits to the BarTalk ence, the more than 10,000 lawyers and interested law online archive on the CBABC website students in British Columbia who receive our publicaorg/bc/CBA_Publications/bartalk/bartalk_index. tion six times a year free of charge. In this spirit, the aspx.The archive makes most BarTalk articles pubBarTalk Editorial Committee is undertaking a thorough lished between 1998 and today accessible to the evaluation of the magazine’s content, design and delivgeneral public. ery methods. An online reader survey kick-started the Practice Advice columns where highly sought process this past February, seeking your views and feedafter online, including the articles “Standard Contract back as an essential building block for future change. of Purchase & Sale” (2004 – A link to the nine-question 1843 views), ”What should your survey was sent out on four suc“One respondent client agree to” (2002 – 1,263 cessive occasions via the weekly commented that BarTalk is views) and “Ten Common CBABC News & Jobs e-mail to most valuable for its B.C. Sense Financial Tips” (2006 the CBA members in British focus, which sets it apart – 975).” Many online viewers Columbia. One hundred and downloaded various BarTalk from national publications forty seven respondents comcover stories including the artipleted the survey and were such as the CBA National cle “Bill 33” that lead off the entered in a prize draw for an magazine and the Lawyer’s June 2007 issue and was viewed iPod Nano. As announced in the Weekly. The focus on on 534 occasions. June 2008 issue of BarTalk (p. practice issues (as opposed 30), the winner was Georgeann Reader suggestions for to reports on cases) also Glover, Corporate Counsel with sets it apart from other law- improvement Associated Building Credits Ltd. Naturally, there is room for related publications.” Survey Results improvement. Our readers’ had a wealth of suggestions The survey results indicate that on how we could update the publication, such as BarTalk is both highly rated and considered relevant to improving the desktop publishing/format to make readers’ legal practices. it more “exciting looking.” 12 respondents indiNinety six per cent of survey respondents rate cated that BarTalk’s design was their least favourite BarTalk as “Good” (32.65%), “Very Good” (50.34%) or aspect of the publication with advertising inserts “Excellent” (13.61%). No respondents rated BarTalk as coming in second. In terms of substance, the survey “Poor.” 70.75% of survey respondent’s indicated that invited participants to list topics or features they BarTalk was either “Very Relevant” or “Relevant” to would like to see in future issues. With 26 responses, their practice, 24% higher than any of the other legal “Practice Tips” received the most requests. In addipublications rated (The Advocate 46.26%, The Lawyers tion, member profiles, CLE, technology issues and Weekly 44.22%, The National 35.37%, Legal Matters“Work Life Balance” are on our readers’ wish list. Business in Vancouver 22.45%, The Verdict 19.75%). There were also more critical voices. One respondent From the readers’ perspective, what sets BarTalk commented: “BarTalk is too staid. Its content needs apart from other legal publications is its B.C. focus (42 responses) and its brevity (19 responses). Continued on page 19 18

BARTALK August 2008



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.

acts in force ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, S.B.C. 2007, C. 14 (BILL 33)

CURRENT FROM MAY 3 TO JUNE 29, 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

Sections 13, 48, 49 and 51(a) are in force June 6, 2008




Sections 1, 3, 4, 6, 26 to 30 and 32 are in force June 6, 2008

Section 90 is in force June 6, 2008

Act is in force May 16, 2008

Continued from page 18

to be punchier with more material relevant to day to day practice. The same old boring articles by the same people do not cut it. It could be much better were it not so bound by its formulae. It should be more alive.” Changes on the Way!

The survey results, independent feedback from our readers’ and contributors as well as the statistical information from the CBABC website have generated lively and productive discussions and produced the first changes to BarTalk. Beginning this issue, articles will generally be one page in length. The National News section, now located at the back of each issue, will be reduced in scope to make more room for B.C. topics. And the popular “BarMoves” section will receive more prominence. More changes can be expected over the coming months. At the

request of the BarTalk Editorial Committee, CBABC staff will pursue the redesign of the magazine with the goal to present a new look by the end of the new fiscal year. As previously stated statistics attest, the publication’s web based version enjoys significant popularity with readers. Enhancing the ease of which BarTalk can be accessed online will be high priority in the coming months. We are committed to ensuring that this publication remains a useful and valuable tool for CBABC members. If you have any suggestions for how we can improve BarTalk, please contact the BarTalk Editor, Senior Editor or any of the Editorial Board. BT

Health & Wellness TIP Overcome Procrastination Most of us have uttered the words, “I work best under pressure,” as we rationalize our tendency to put off a task until the last hour or “pull another all nighter.” But procrastination can cause unnecessary pressure and anxiety. Remember to: Avoid the commitment trap – we often procrastinate because we can’t say no, taking on more than we can handle. “It’s always easier to fill your schedule than to fulfill it.” uuu

courtesy of interlock 1-800-663-9099 August 2008 BARTALK



DAVE's Tech tip Technology Tip from Dave Bilinsky’s Award-Winning Blog: ( I get calls all the time from lawyers whose computers have slowed to a crawl. Chances are, your once-zippy computer has been infected by something nasty. It is probably faster to simply reformat the hard drive and start all over. So how do you do this? First: back up your data; Second: make a list of all the applications you have on the computer; Third: ensure that you have the installation disks for all the applications – including the operating system – together with the requisite software keys and/or usernames and passwords; Fourth: copy necessary drivers for your scanner, printer etc to a flash drive; Fifth: take a deep breath and reinitialize the hard drive; Sixth: install the operating system and your security software (firewall, anti-virus, anti-malware and anti-spyware) and install the latest signatures, updates and patches; Seventh: install all your applications and drivers; and Eighth: run a security scan on the external hard drive on which you copied your documents, photos etc and once it is “clean,” copy over your documents, photos etc. To view the abridged version of the full article go to

2008 Golf Tournament Photos


Above: Highest bidder of two nights at the Pan Pacific luxury suite is (left) Brian Rudy, Synergy Business Lawyers presented by Kevin Oakes, Director of Sales, Pan Pacific Vancouver.

Above: Winning Team at the CBABC 2008 Golf Tournament. Left to right: Brad Martyniuk, James Gopaulsingh and Christopher Martin; all from the firm, Lindsay Kenney LLP.

Below – from left to right: Brian K. Evans, Micah Clark, Dawne Tiller and CBABC Past President Frits Verhoeven, QC.

Below: Anjili I Bahadoorsingh, Heenan Blaikie

BARTALK August 2008


Dunsmuir and B.C.’s Administrative Tribunals Act

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, phone 604-687-3404 or fax 604-6699601 or contact us toll-free (phone 1-888-687-3404, fax 1-877-669-9601).


The Ministry of Attorney General is interested in your comments on implications for B.C. of Dunsmuir v. New Brunswick, 2008 SCC 9, which transformed the common law on standards for review. The Supreme Court of Canada, concluding the common law added to the complexity, costs and expense of judicial review – typically with no discernible predictability of outcome – reduced the three standards to two. B.C. has already addressed this ruling through the Administrative Tribunals Act by codifying the standard applicable to various tribunal decisions. Comments can be sent to the administrative justice office through the feedback option at:


Diego n Spi a rit of S

SAN DIEGO, CALIFORNIA NOVEMBER 21-22, 2008 Catch The Spirit of San Diego now by making a deposit to secure your attendance at the Conference. You can pay a deposit of $200 now and pay the additional balance of the Early Bird Registration fee of $600 (total of $800) by September 30, 2008. By paying the deposit, you will ensure that you do not miss out on this limited registration event. For details on how to register with a $200 deposit, call Jennifer Weber at the CBABC office at 604-687-3404 and register today! Be sure to look for the enclosed brochure for the conference agenda and registration details in this issue of BarTalk.

We’re looking forward to seeing you in San Diego!

August 2008 BARTALK



Kudos to Kenneth Armstrong Kenneth Armstrong, CBABC Westminster County Elected Member, was named to the Little League B.C. Honour Roll at the opening ceremonies of the 9/10 year old all-star tournament for District One. The award commends Ken’s contributions as a coach, umpire and coordinator of Little League baseball since 1996 in the Little Mountain community and beyond.

Victoria AGM and Grocery Bag Blitz Award

Kenneth Armstrong Named Little League B.C. Honour Roll

Silent Auction Success!

August 6

Lawyers Assistance Program Workshop: Advanced Communication Skills

August 13

Lawyers Assistance Program Workshop: Advanced Communication Skills

August 17-19

CBA Canadian Legal Conference & Expo 2008 (Quebec City)

September 18-19 2nd National Pro Bono Conference (Vancouver) September 24


The Young Lawyers Victoria Section Executive would like to thank Peter Ameerali for his work as Co-Chair this past year. His efforts will definitely be missed.

August – September 2008 (see for details)

Branch and Bar Calendar

The Silent Auction at the recent National Aboriginal Day raised more than $2,000 toward the newly launched Aboriginal Law Student Scholarship Trust Fund. This event represents a successful partnership between the Department of Justice (DOJ) Aboriginal Law Section and the UBC First Nations Law Students Association. Plans are under way to hold a bigger and better event next year, including plans to make it a Cyber Auction. Please forward your suggestions and comments for an even more successful National Aboriginal Day event next year.

The Young Lawyers Darcie Suntjens (right) Section in Victoria had receives the Grocery Bag its AGM at the rooftop Blitz Award beach volleyball courts in downtown Victoria. Despite the less-than-stellar weather, there was a good turnout. In the prior month, Victoria law firms participated in the second “Grocery Bag Blitz” and a plaque was awarded to the staff of the Ministry of the Attorney General in Victoria for collecting the most donations. In all the event produced more than $8,000 in cash and food for the Mustard Seed food bank. The plaque was accepted by Darcie Suntjens (who was also elected as the new Co-Chair of the Section). Thanks to the Victoria Bar Association and to the Victoria Legal Secretary Association for their help in promoting the event.

BARTALK August 2008

Fraser Valley Bar Association Special Event


CBA National Advocacy Roundup Full Review of Privacy Act Needed The CBA wants the federal government to undertake a comprehensive review of the Privacy Act to ensure it will fulfill its objectives into the future. The CBA would like to see the Act strengthened to ensure better guidelines for the collection of personal information and for its protection once gathered. The CBA also recommends changes to the sharing of information and a “balanced” approach regarding breaches of the Act. David Fraser and Greg DelBigio, of the CBA’s National Criminal Justice Section, presented the CBA’s submission to the Commons Access to Information, Privacy and Ethics on Privacy Act Reform in June. News Release uuu Submission uuu

Bill S-209 Would Not Protect Children The CBA has urged Parliament not to pass Bill S-209, Criminal Code amendments (protection of children), saying it will not further protect children. Bill S-209 would repeal Section 43 of the Criminal Code, which provides a defence to parents, teachers and like individuals to use force to correct a pupil or child. The Supreme Court of Canada has said that the defence applies only to minor corrective force of a transitory and trifling nature. Removing the defence would not help to reduce child abuse or exploitation. Greg DelBigio of Vancouver, Chair of the CBA’s National Criminal Justice Section, appeared before the Senate Committee on Legal and Constitutional Affairs in June. News Release uuu Submission uuu

Speedy Passage of Bill C-31 Urged The CBA welcomes Bill C-31, amending the Judges Act to add 20 superior court judges, calling it an excellent first step to address the pressing need for more judges in Canada, CBA President Bernard Amyot said in a May letter to the Senate Standing Committee on Legal and Constitutional Affairs. Bill C-31 would increase the number of judges at a time when average trials are becoming longer, more litigants are representing themselves, and legal aid budgets are failing to meet the needs of low-income Canadians. News Release uuu Letter uuu

Remove Amendments to Bill C-50 The CBA has urged Parliament to remove and not pass amendments to the Immigration and Refugee Protection Act contained in Bill C-50, the Budget Implementation Act, 2008. While the CBA agrees that the current backlog of immigration applications and the need for labour in some occupations are urgent, the measures in Bill C-50 are not necessary to address these problems, Stephen Green of Toronto, Executive member of the CBA’s National Citizenship and Immigration Law Section told the Commons Standing Committee on Citizenship and Immigration in May. The government already has the authority to send out teams to reduce the backlog, to establish processing priorities, and to streamline processing for temporary foreign workers. News Release uuu org/CBA/News/2008_ Releases/2008-05-12_ c-50.aspx Letter uuu CBA/submissions/pdf/0824-eng.pdf

August 2008 BARTALK


member services

This page highlights only some of the services – new and ongoing – available to members through the CBABC website. In between issues of BarTalk, keep up with special offers every week by checking the Member Services section of CBABC News & Jobs weekly ebulletin.

Roar for the Lions Get out and cheer the Lions’ Football Club at Friday night games throughout the summer and fall. Check www.bclions. com for full game schedules, and more. Access special discount pricing by identifying yourself as a CBABC member when ordering with kbeattie@

Buying a Home or Renewing Your Mortgage? Based in Western Canada, CBABC’s newest Preferred Supplier TMG – The Mortgage Group Canada Inc. – has been in business for nearly two decades. To date TMG has helped almost a quarter million Canadians find the right mortgage for their financial needs. Take advantage of Ryan Hammerer’s expertise and personalised service with the potential to save you thousands, all at no-cost to you, with your interests (not the lender’s) at heart. And get a $100 gift card upon completion of your mortgage.

For the Girl/Boy Scout Within First offered last winter, CBABC is pleased to again provide members with the opportunity to acquire a range of popular emergency kits fully equipped for use during earthquakes or other disasters. Choose from one- to four-person kits and first-aid modules at reasonable rates. For more information and to order, contact after Labour Day.

And the Applause Goes to... ProGroup Sales & Leasing Aren’t we all too familiar with gripes and complaints? So it’s a rare pleasure when a member company, McQuarrie Hunter, takes the time to commend one of our suppliers for outstanding service. Ingrid Miller writes of ProGroup: “I recently had the pleasure of working with Brant Mark at ProGroup Sales and Leasing Inc. As recommended, I called all three brokers listed in the CBABC member services directory. Each broker called me back but Pro-Group stood out. Brant, in a courteous and professional manner, responded by providing me with the price breakdown, explained how the process worked and even better, provided the lowest price. We even had a time restraint in which Brant worked together with the dealership and made the transaction take place at a time and location convenient to us. I would highly recommend their services to any future car buyers.”


BARTALK August 2008

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Name: ____________________________________ Fax: ______________________________________ E-mail: ___________________________________ Please complete this form and fax back to 604-669-9601/ toll-free 1-877-669-9601 or sign up by e-mailing your information to

GRANTS APPROVED SIMON FRASER UNIVERSITY – CENTRE FOR APPLIED RESEARCH IN MENTAL HEALTH $75,000 Homelessness, Mental Illness and the Criminal Justice System – Examining the ‘Revolving Door’ of Institutions Project $75,000 Strategies to Improve the Effectiveness of Innovative Court Programs for Substance – Using Females Project

Chair Warren Wilson, QC is pleased to announce that funding totalling $10,563,177 was approved for 18 continuing programs and 59 projects. Funding totalling $3,229,300 was approved for the following 24 new initiatives: $1,000,000 UNIVERSITY OF VICTORIA Diana Priestly Law Library Mezzanine Expansion $300,000 UNIVERSITY OF BRITISH COLUMBIA Honourable Beverley McLachlin Legal Access Endowment LAW COURTS EDUCATION SOCIETY $300,000 Parenting After Separation Program for Children Project $115,000 Small Claims Court Filing Assistant Support Project $75,000 Community Courts Specialized Educational Resources Project $150,000 SHARE FAMILY AND COMMUNITY SERVICES Poverty Law Advocacy Project

ENVIRONMENTAL LAW CENTRE, UNIVERSITY OF VICTORIA $75,000 B.C. Environmental Tribunals Project $75,000 B.C. Environmental Assessment Project ECOJUSTICE CANADA SOCIETY $75,000 The Right to a Healthy Environment Project $60,000 Legislated Protection for B.C.’s Species at Risk Project $75,000 DOWNTOWN EASTSIDE WOMEN’S CENTRE Power of Women to Women (Legal Education For Homeless Women & Women at Risk of Homelessness) Project $75,000 BRITISH COLUMBIA TEACHERS’ FEDERATION Educational Curriculum Materials Project $62,500 KAMLOOPS BAR ASSOCIATION Legal Support Staff Scholarship Education Project $50,000 UNIVERSITY COLLEGE OF THE FRASER VALLEY Making and Distribution of DVD – Meaning of Life Project $50,000 CANADIAN CENTRE FOR COURT TECHNOLOGY Sustainable Business Model for Canadian Centre for Court Technology Project

$75,000 UNIVERSITY OF VICTORIA Summer Indigenous Legal Studies Program Pilot Project: Developing an LL.B/Bachelor of Indigenous Laws Joint Degree Program at UVic Law UNIVERSITY OF BRITISH COLUMBIA $75,000 Public Interest Coordinator Project $40,000 Social Justice Community Scholar Project $75,000 WESTERN CANADA SOCIETY TO ACCESS JUSTICE Pro Bono Transition and Integration Project $74,000 LAW COURTS EDUCATION SOCIETY Administrative Law Website Project $73,875 CANADIAN BAR ASSOCIATION, B.C. BRANCH Professional Development for the Legal Profession Project $70,000 PRO BONO LAW OF B.C. SOCIETY First National Pro Bono Week & Second National Pro Bono Conference $70,000 B.C. CIVIL LIBERTIES ASSOCIATION Death-In-Law Custody Law Reform Project $66,677 OKANAGAN ADVOCACY AND RESOURCE SOCIETY Okanagan Tenant Advocate Project $66,000 B.C. ASSOCIATION FOR COMMUNITY LIVING The Right to Health Care Manual: Update Project $50,000 UNION OF B.C. INDIAN CHIEFS Online Specific Claims Research Course Project


$6,800 WEST COAST PRISON JUSTICE SOCIETY Legal Information for Prisoners Project

$40,000 SAGE FOUNDATION Legal and Regulatory Framework for a New Charitable Model Project

$80,000 SOCIAL HEALTH & ECONOMIC DEVELOPMENT SOCIETY OF BELLA COOLA Community Legal Resources Initiative to improve Community Capacity

Funding totalling $1,371,552 was approved for the following 22 projects:

$36,000 TENANT RESOURCE AND ADVISORY CENTRE SOCIETY Chinese and Spanish Tenant Survival Guides

$80,000 NORTHERN ROCKIES ABORIGINAL WOMEN SOCIETY Urban Aboriginal Law Advocate $75,000 YWCA OF VANCOUVER Women Without Permanent Status in Canada Project


$25,000 LAW SOCIETY OF B.C. 125th Anniversary Project

B.C. LAW INSTITUTE $75,000 Elder and Guardianship Mediation Project $75,000 Law Reform Material Online Project


$75,000 CANADIAN HUMAN RIGHTS REPORTER Advancing the Rights of Poor Women in B.C. Project

$10,000 CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE, UNIVERSITY OF MONTREAL Public Institutions and Reasonable Accommodations Project


$75,000 CANADIAN MENTAL HEALTH ASSOCIATION – B.C. DIVISION Phase 2: Diversion Framework and Guide Project

$75,000 WATARI RESEARCH ASSOCIATION Systems Negotiator Project

$75,000 NIDUS PERSONAL PLANNING RESOURCE CENTRE ASSOCIATION Public Legal Education Outreach Project on Personal Planning Project

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


cbabc partners | Membership

CLEBC Update The Association for Continuing Legal Education (ACLEA) is the primary organization for improving the performance of CLE professionals through educational opportunities and professional development. Each year, ACLEA recognizes outstanding achievements in marketing, programs, publications, public interest and technology, and ACLEA are pleased to announce CLEBC as the winner of the 2008 Award of Professional Excellence in the Programs Category for the Children’s Participation in Family Justice Processes: Hear the Child course. The course was developed to support the judiciary in spearheading the child interviewing pilot program as part of a court-approved process to ensure that the voices of children are heard in proceedings that affect their quality of life, as required by the United Nations Declaration of the Rights of the Child. September is just around the corner, and CLEBC has approximately 30 programs lined up for the fall term. Among those programs are two conferences in which CLEBC is very proud to have two Justices of the Supreme Court of Canada as presenters. The Right Honourable Chief Justice Beverley McLachlin will be speaking at its Human Rights Conference 2008 on Thursday, November 27, 2008, and the Honourable Mr. Justice Marshall Rothstein will be speaking as part of its Administrative Law Conference 2008 on Friday, November 28, 2008. For more information on these and other CLEBC programs and publications, please visit CLEBC online at

NEW MEMBERS The CBABC Branch welcomes its newest members! The following new members joined in the months of May and June of 2008:

Michael Joel Prokosh Victory Square Law Office LLP Vancouver

Konrad Malik Bacchus Corporate and Securities Law Vancouver

Pratibha Sharma Clark Wilson LLP Vancouver

Christine McDermott DuMoulin Boskovich Vancouver

Jun Ho Song Clark Wilson LLP Vancouver

Sonja Mills Toronto

Vicki Tickle Weyerhaeuser Company Limited Vancouver Nadia Wechselberger Gowling Lafleur Henderson LLP Vancouver

Regular Members Zachary J. Ansley Owen Bird Law Corporation Vancouver

Brett Matthews Hastings Labour Law Office Vancouver

Tom A. Hakemi Lang Michener LLP Vancouver

Matthew S. McConchie Cherrington Easingwood Kearl Langley

Bryn Hirsch Port Coquitlam

Scarlet Mirzaian Jenkins Marzban Logan LLP Vancouver

Annamarie Kersop Hartshorne & Mehl Vancouver


Kevin Daniel Landry Vancouver

Daniel Nam Vancouver City Savings Credit Union Vancouver

Laura Landy Ratcliff & Company LLP Vancouver

Corrine M. Proctor Claus & Company Victoria

BARTALK August 2008

Karen Garam Moon-SHIN Radelet & Company Vancouver Katie Seymour Bull, Housser & Tupper LLP Vancouver Shawn D. Tillis Vancouver

Associate Members

Susan Tomaine Blake, Cassels & Graydon LLP Vancouver

Christine Williams North Vancouver

Law Students


Birinder Aujla Surrey

Randall Sutton Vancouver

Nida Chaudhry Vancouver

Articling Students

Rebecca Hockin Vancouver

Taryn Eyton Lidstone, Young, Anderson Vancouver Jonathan Gorton Bull, Housser & Tupper LLP Vancouver

David Peltier Terrace Lolita Rudovica Vancouver Christopher Trueman Vancouver

bar moves


Bar Moves


Continued from page 2

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

Alexander Fane

Andrew Schafer

Sanjukta Tole

Riley Burr

Kristy Sim

Alexander Fane has joined Bull, Housser & Tupper LLP as an associate with the Real Estate Group after

articling with BH&T and being called to the B.C. bar on May 7, 2008. Andrew Schafer has joined Bull, Housser & Tupper LLP as an associate with the Labour Group. Andrew summered and articled with BH&T and was called to the B.C. bar on May 7, 2008. Sanjukta Tole has joined Bull, Housser & Tupper LLP as an associate with the Business Group. She articled

with BH&T and was called to the B.C. bar on May 7, 2008. Riley Burr has joined Bull, Housser & Tupper LLP as an associate with the Tax & Trusts Group. Riley articled with BH&T and was called to the B.C. bar on May 22, 2008. Kristy Sim has joined Bull, Housser & Tupper LLP as an associate with the Labour & Employment Group. Kristy has practised primarily in the area of criminal defence law since her call to the B.C. bar in August 2006.

The New CBABC Articles Registry On July 15, 2008, the CBABC and the Law Society of British Columbia launched the Articles Registry. A quicklink for the Registry is featured in the top navigation bar on the new CBABC website ( Students can search for available articles by interest, location and start date. Law firms can post multiple articles with varying criteria. Postings are automatically removed after 45 days. The Registry responds directly to the needs of law firms and students in B.C. and nationally. Here is how you can use the benefits of the Registry in five easy steps:

As a Firm 1. Create a log-in and password 2. Create your profile 3. List as many opportunities as you want 4. Search for students who are already in the database wanting articles in your area 5. Receive applications from students searching for your criteria.

As a Student 1. Create a log-in and password 2. Create your profile 3. Upload your CV 4. Choose all options on time, place and area of practice 5. Search for firms that match your criteria and apply directly to them. August 2008 BARTALK


classified ads

Classified (per line)

CBABC Members/Firms Commercial Organizations Next deadline: September 5


$25 $50


3” x 2.5” CBABC Members/Firms Commercial Organizations 6” x 2.5” CBABC Members/Firms Commercial Organizations Next deadline: September 5

insert (all of B.C.)

CBABC Members/Firms Commercial Organizations Next deadline: September 10 Next mailing: October 3

$450 $900 $810 $1,620

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Seeking Junior Litigator Dolden Wallace Folick LLP was created with the sole objective of providing legal services exclusively to the insurance industry. Our firm is an industry leader in terms of expertise and innovation. We are searching for a talented junior litigator to join our firm. In this role, you will take on files dealing with a wide variety of claims including personal injury, property damage and construction litigation. You have 2-3 years of strong litigation experience from a top firm coupled with superior academic credentials. You also possess exceptional communication, technical and analytical reasoning skills. The firm offers the opportunity to work with leading insurance law practitioners in a collegial work atmosphere. If you are looking to take on challenging and rewarding work please submit your resumé in confidence to:

Direct BarTalk advertising inquiries to: Jesse Tarbotton BarTalk Senior Editor Tel: 604-646-7856 or 1-888-687-3404 E-mail:


Practice Restricted To WCB

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. ( E-mail:

Sec. 257 Determinations, Opinions and Court Applications on referral

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

SPACE AVAILABLE VANCOUVER OFFICE SPACE AVAILABLE Sublease for lawyer and secretary available in the Marine Building, 355 Burrard Street. Ocean view. Website:

Vahan A. Ishkanian Barristers & Solicitors Cell 604-868-3034 Fax 604-264-6133

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

Visit Us Online:


BARTALK August 2008

Brian D. Rhodes Dolden Wallace Folick LLP Litigation Counsel 10th Floor – 888 Dunsmuir Street Vancouver, B.C. V6C 3K4


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


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

BarTalk | August 2008  
BarTalk | August 2008  

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