BarTalk | October 2010

SABBATICALS | EMPLOYEE ASSISTANCE PROGRAM | LAWYERS LOOSE

O CTOBER 2010 | www.cba.org/bc

Jane Milton, QC on The Road Less Travelled PAGE 2

FEATURE BARTALK EDITOR

Deborah Carfrae

Cover photo (L-R): E. Jane Milton, QC in her office at the Vancouver firm of Bull Housser & Tupper, where she has been a partner since 1991. The travel photo was taken in 2007, during a three week trip through Egypt and Jordan.

EDITORIAL BOARD CHAIR

Michael Welsh EDITORIAL BOARD MEMBERS

Candice Alderson Paul Arvisais Carol Anne Finch-Noyes Sandra Joyce Harper Nicole Holas Beverly MacLean Gail McKay Rose Shawlee Mark Slay Greg Stacey BARTALK SENIOR EDITOR

Joanne R. Silver STAFF CONTRIBUTORS

Bianca Bishop Trisha Jewison Jineane Payne Jennifer Weber The B.C. Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, B.C. V6B 5T3 Tel: 604-687-3404 Toll-free (in B.C.): 1-888-687-3404 bartalk@bccba.org

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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.

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2 BARTALK / OCTOBER 2010

The Road Less Travelled

by Jane Milton, QC

I am what is generally referred to as an “adventure traveller.” This means that when I take vacations I generally choose to go where none of my partners, friends and family have gone, or would ever voluntarily go. When I discuss my vacation plans with others, I get strange looks and guarded comments.

Some of my friends and family have told me that I am crazy.

None of that really matters to me, and hopefully never will. I travel to learn about other cultures, politics, languages, food, and traditions and, above all, to get away from work. I find that the further one strays from the beaten path and away from the general tourist areas, the more genuine the travel, exploration, and relaxation experience becomes.

I have found that adventure travel is far more conducive to a real break from the practice of law than the more traditional forms of vacation. It is so simple to spend a few minutes (or hours) each day communicating with the office from Hawaii or Mexico or Palm Desert, finishing off those last few letters or taking part in one more conference call. It is relatively easy to let your mind slip back to the problems that you left behind while lying on a beach. In contrast, the more exotic forms of vacation tend to concentrate your mind on the immediate travel necessities. When you are negotiating the appropriate bribe with a Honduras border official (he

took two dollars), climbing out of the window of your bus because you think the vehicle is going to plunge 11 stories into the Ganges (it didn’t), or wandering with a monk around the Potala Palace in Tibet, the office seems strangely irrelevant and unimportant. Recently, as I lay awake in the early hours listening to the morning call to prayer in Aswan, it struck me forcefully that the practice of law seemed very far away indeed.

It has become far more difficult to leave the office behind in recent years. When I first started in practice, the fax machine was the latest communication invention and computers were still programmed with punch cards. When you left on vacation, you placed a few written memos on your files, and that was it. In these days of BlackBerrys, iPhones, Skype and Twitter, instant and constant communication is both possible and, sadly, expected. I admit that I have checked emails while drifting down the Nile, driving through Uzbekistan and Turkmenistan, at a bazaar in Skardu, Pakistan and, most recently, sitting on top of the highest temple in Tikal, Guatemala. I am not proud of this. I suspect that in the years to come, it will take even greater strength of will for the younger generation of lawyers to put aside the communication equipment, relax, and revel in their travel experiences.

My next trip is in February 2011, when I will be spending three weeks in Libya. I hope that damn BlackBerry won’t work in the Sahara.

OCTOBER 2010

VOLUME 22 / NUMBER 5

Contents

Departments

4

FROM THE PRESIDENT Public Commission on Legal Aid

by Stephen McPhee

5

EXECUTIVE DIRECTOR Does Size Really Matter?

by Caroline Nevin

6

NOTHING OFFICIAL The Madness of Crowds

by Tony Wilson

7

ON THE WEB Social Networks and Your Healthcare

by Patricia Jordan

8

PRACTICE TALK Time to Upgrade

by David J. Bilinsky

9

DAVE’S TECH TIPS

Sections

10

SECTION UPDATE Natural Resources – Forestry Health Law Young Lawyers – Okanagan

11

CHATTER WITH CHAIRS CBABC WLF – Kamloops and SOGIC

SECTION NEWS Products Liability Law

2

THE ROAD LESS TRAVELLED

by Jane Milton, QC

Features & Guests 12 5TH ANNUAL CANADIAN CONFERENCE ON

ELDER LAW

by Laura Watts 13 PPC CANADA EAP SERVICES

by Mike Miller

Inside This Issue It seems that the more technological we get, the more stress we add to everything, including practising law. At the same time, lawyers are realizing that we need good physical and mental health if we are to be of any benefit to our clients, our families and ourselves. So, in this issue, we look at some ideas and programs to promote good health and a balanced life, including sabbaticals, adventure holidays, the Employee Assistance Program, online doctor and patient social networks, patient care and the Health Professions Act and the soon to be burgeoning area of “elderlaw.”

News and Events 17 Bench & Bar Dinner Form 18 Niagara 2010 Canadian Legal Conference Policy Resolutions Opening Plenary Professional Development 19 New CBA President Rod Snow

Equity Committee Launches Videos on YouTube

Public Commission on Legal Aid: Time to Engage 20 CLEBC Update

Joint Policy Statement on Audit Inquiries and New Accounting Standards

2011 Lawyer Show 21 Legislative Update

Branch & Bar Calendar

CBABC WLF is Calling for Award Nominations 22 Health & Wellness TIP

Letting Lawyers Loose on the World

Also In This Issue

23 LAW FOUNDATION OF BRITISH COLUMBIA 24 PROFESSIONAL DEVELOPMENT &

14 SABBATICALS

by James Goulden

MEMBER SERVICES

15 PATIENT CARE QUALITY REVIEW BOARD ACT

by Stacey Grubb

26 BAR MOVES

25 DISPLAY ADS 27 NEW MEMBERS

16 2010/2011 EXECUTIVE COMMITTEE

OCTOBER 2010 / BARTALK 3

FROM THE PRESIDENT STEPHEN MCPHEE

Public Commission on Legal Aid In a community near you.

“If you have significant segments of the population that feel that the legal system is not really there for them, that is going to play out in other ways in our communities.”

– Extract from an article “Open Access” by Lucianna Ciccocioppo in the University of Toronto Faculty of Law publication “Nexus”

A

s I write this column, my first as CBABC President, I have some time to reflect on the wide-ranging interest and support we have received for the Public Commission. It is early summer, and in the first week after our first press release, I gave eight radio interviews.

Callers in to the shows have shared compelling, heartrending stories of how they have not been able to get the resources they have needed. At the time, I encouraged them to make submissions on the website (www.publiccommission. org), and to tell us what they think the system should look like.

By the time you read this, Commissioner Len Doust, QC will have the Commission well in hand and the hearings will be underway across our province. Between now and then, a tremendous amount of work will have been done by the Steering Committee, Education Sub-committee, the Commissioner and his Commission Co-ordinator as well as our administrative support at the Branch office and innumerable volunteers.

This initiative – truly a joint and wide-ranging initiative – of our Branch, the Law Society of British Columbia, the Law Foundation of B.C., the B.C. Crown Counsel Association and the Vancouver and Victoria Bar Associations, has made me proud to be a lawyer and member of the CBA. When our Provincial Council spoke with one voice and told us 4 BARTALK / OCTOBER 2010

to do this, regardless if we found other funding partners, I was encouraged by their generosity to release funds from our reserves, and by the strength of the conviction of each of the speakers who spoke that day.

I have been asked “why” by many in the last few days. For many years, lawyers have carried the burden of trying to fix a system that belongs to the public. The solution needs to come from the public, but we have the obligation as stewards of the justice system to provide them with the structure and tools to design a system that works for them.

This Commission is also an opportunity to educate. Not just to educate British Columbians about our justice system, but to educate lawyers, legal aid service providers, funders and custodians on what kind of legal aid system British Columbians want to see as part of their justice system.

Support for the Commission has come from far and wide, and not

just from our Steering Committee members. We have received support from the Attorney General, our Judiciary, the Legal Services Society, the Coalition for Public Legal Services, our Local and County Bars and MLAs and MPs in the regions we are holding our hearings.

What will be the outcome? I know it will be a better Legal Aid system. I also know that we will all – lawyers and non-lawyers alike be better informed and educated about the challenges we face, and the solutions we need to find to deal with those challenges.

We will hear stories of personal hardship, and, hopefully personal accomplishment. I know we will hear how lawyers continue to devote volunteer time and energy throughout their communities and how not-for-profit organizations have similarly stepped in to help those who cannot navigate our legal system on their own.

In the end, we will have something to start the next phase of this journey. A roadmap that will guide us in implementing recommendations and changes. That journey and those challenges are ones that I am excited to undertake with you in the coming year.

Stephen McPhee

president@bccba.org

EXECUTIVE DIRECTOR CAROLINE NEVIN

Does Size Really Matter?

The risk realities of large and small firm practice.

L

ater this fall, I will be speaking at an international conference of law association CEOs. My co-panelists will be the CEOs of the Law Society of England & Wales and the Law Institute of Victoria (Australia). The topic is essentially “Are there two different legal professions: large law firms and everyone else?” Our moderator, seeking to inject a bit of controversy, has asked us to argue for or against the development of different rules and ethical standards for large law firms and solo/small firm practitioners.

It is an interesting issue. On its face, the answer seems simple: in Canada, lawyers are regulated as individuals, not as business entities, and regardless of practice size each person is responsible for delivering on the same ethical commitment to the public, the profession and the justice system.

The actual answer is slightly more complicated. At the conference, I will be arguing that there already exists a differentiated system of governance and risk management practices within regulation of the legal profession and that, in Canada at least, this has benefited both the public and the profession.

Client complaints are one measure of how well self-regulated professions perform in terms of maintaining meaningful practice standards. Claims patterns are also useful as potential signposts of stresses or gaps in training and support services available to lawyers in practice.

The largest complaints about lawyers relate to communication and basic practice management.

This embodies a number of sins: failure to follow through on client instructions or obtain clear instructions before acting, failure to calendar and meet deadlines, failure to establish clear client expectations of outcome or costs, failure to properly protect against

conflicts, failure to return a client’s calls, etc. Failure to know or properly apply the law is far down the list.

Law, like medicine, involves not just knowing what to do, but knowing how to do it and how to manage the risk of error in getting it done. This requires an investment of time and resources in education, systems and practices to mitigate the risk of error. In large law firms, there are economies of scale and oversight structures designed to transfer that risk in large part from the individual to the firm. There are also more people to ask questions of, provide mentoring and catch errors. And there are more resources to put to the administrative tasks, freeing up lawyers to concentrate on the law and direct client service.

In solo and small firm practices, the demands on individual lawyers are profound. There is no-one else to be CEO and Manager of Business Development, Finance, Administration, HR, Professional

Development, Marketing or Conflicts Checker. Solo practitioners are all of these plus the one role they trained for – Lawyer.

The Law Society of British Columbia and the Lawyers Insurance Fund have been leaders in analyzing its complaints/claims data, and working internally and with partners like the CBA to develop systems and supports to prevent problems. The large majority of these resources – like the LSBC Small Firm Practitioner online course – are designed to support those without the infrastructure of a large firm.

LSBC also encourage lawyers who have practice standards issues and no or few professional colleagues to get involved in CBABC Sections.

While the ethical standards for all lawyers do – and should – apply to every lawyer no matter where you practice, I believe that the Canadian public is well served through our current model that relies on large law firms to self-manage a significant amount of risk within their practice structure, and ensures that the Law Society, CBA and others provide additional supports to help solo and small firm practitioners manage their own risk.

Caroline Nevin

cnevin@bccba.org OCTOBER 2010 / BARTALK 5

nothingofficial TONY WILSON

The Madness of Crowds Oh… and Bill Vander Zalm isn’t a Scientologist.

M

aureen Dowd was writing a few weeks ago in the New York Times about the United States going through a “weird mass nervous breakdown, with the right spreading fear and disinformation that is amplified by the poisonous echo chamber that is the modern media environment.” The basis for this was a survey that 18 per cent of Americans believed President Barack Obama was a Muslim; an assertion fuelled by shock-jocks, “birthers” and others who don’t like him because he’s black. Dowd quoted “Extraordinary Popular Delusions and the Madness of Crowds,” which is about why people believe horseshit shovelled by charlatans. “Men think in herds… they go mad in herds, while they only recover their senses slowly, one by one.” And

they’re far more likely to believe the “Wondrously False” than the “Wondrously True.”

The HST debate suffers from the same affliction; the madness of crowds. Many of the people who complain about the tax are the same ones who want 24-hour turnaround time for MRIs, well paid teachers and nurses, hospitals without waiting lists, more legal aid, homes for the homeless, and their roads paved. Oh… and Santa too, with nice presents. I hate to break it to them, but taxes are the price we pay for civilization, something people in California and Greece are painfully discovering.

The money to pay for teachers, hospitals and nurses has to come from somewhere, so if you’re going to tax me, tax me on my spending, not my income, and don’t scare business away, because it’s the private sector that generates tax revenue, not the public sector. And in fact, I’ve found the HST is actually attracting busi6 BARTALK / OCTOBER 2010

ness to B.C. Our office (and other law firms in Vancouver) are already advising U.S. businesses who could have otherwise located in Alberta, but are coming to B.C. because they now get an input tax credit for the full 12 per cent and don’t have to swallow the 7 per cent PST anymore. (Note to Anti HST leaders; these are businesses that are hiring British Columbians, you goofballs.)

But to quote Yeats, “the best lack all conviction while the worst are full of passionate intensity.”

Adopting some of the tactics of the shock-jock Tea Party nutbars in the U.S. (tactics such as “The Big Lie”), the Anti HST commandos have gone out of their way to misrepresent the tax in order to obtain some of their 700,000 signatures. David Robertson at Faskens, who specializes in Sales Tax and probably had the most to lose when the PST disappeared, supports the HST. He recently

sent a letter to the Chief Electoral Officer outlining 21 false representations made by the Anti HST proponents on the website www.fightHST.com.

Yet some of the Anti-HST proponents won’t accept facts that are at odds with their beliefs. When Robertson joined the Facebook Group No_ BC_HST to correct the disinformation on the page, he was dumped from the group after a week, and all his posts were deleted for “offensiveness.” I guess if you’re misrepresenting the HST to pensioners to scare them, facts that run contrary to yours are just “inconvenient truths” aren’t they?

Move on to the next nursing home!

As for the “madness of crowds,” just because I think Bill Vander Zalm is a Scientologist doesn’t mean it’s true, does it? Yet just like Obama being labelled a Muslim, some idiots are bound to believe it, because they want to.

Here’s a fact though: the Zalm introduced the Property Purchase Tax when he was Premier and never reduced the PST. Nevertheless, he’ll probably have a cabinet position in the next NDP administration for all his hard work. He’s earned it.

How I long for the return of Faye Leung. You know, for old times’ sake.

Tony Wilson twilson@boughton.ca

ontheweb PATRICIA JORDAN

Social Networks and Your Healthcare Access to medical information online.

I

n recent years, social networking has moved into the health field through websites that are designed to assist patients and physicians.

Patient social network sites provide a forum for patients who wish to discuss their symptoms and obtain information about their illnesses. Physician social networks provide an avenue for physicians to share medical knowledge, including clinical cases, images and videos. Office-based physicians find these networks are particularly useful as they allow them to collaborate with thousands of physicians in real-time.

In 2004, Bill Papaevangelou and his daughter Christina decided to create a social network website for sick children. They created Upopolis™ (upopolis.com) in memory of Christina’s friend Katy MacDonald who died of cancer in 2004. The objective of this popular site was to help children to connect with their family, friends and schools in a safe private online community where children were able to share their experiences on personal blogs and learn about their illnesses through medical information provided by hospital-based ChildLife experts.

Another popular patient site is PatientsLikeMe.com that was founded in 2004 by three MIT engineers. The site is operated by a privately funded company dedicated to helping patients who are diagnosed with life-changing illness. The founders’ personal experience with Lou Gehrig’s disease (ALS) inspired them to create a community that would inform and empower individuals. The site features resources and information that is provided by patients, physicians and organizations. Patient members share their medical information with thousands of other patients to build a collective resource that is shared with others affected by the same disease.

PatientsLikeMe.com sells de-identified information to companies who use that information to improve and better understand products and diseases. All patients who use social network sites must take due care, as there are risks associ-

Physician social networks provide an avenue for physicians to share medical knowledge, including clinical cases, images and videos. ated with sharing medical information in any community. Many medical and life insurance companies have clauses that exclude pre-existing conditions and employers may not wish to employ a person with a high-cost or highrisk illness.

DID YOU KNOW? The United States of America’s Department of Homeland Security (DHS) developed a system that was designed to detect “hostile thoughts” in people walking through border posts, airports and public places. The screening technology is similar to an x-ray and scans people as they pass through the scanner. It measures body movement, breathing, facial expression, pulse rate, pupil dilation, skin temperature and additional indicators to determine if a person is a possible terrorist or has intentions of causing harm. The project was initially called “Project Hostile Intent” and is now identified as “Future Attribute Screening Technologies” (FAST). Under the FAST Program, the DHS developed physiological and behavioural screening technologies to streamline the screening process at security checkpoints. Working with the DHS, Battelle, Drapier Laboratory and Farber Specialty Vehicles designed and developed portable screening facilities in trailers that can be used at airports and public events.

Patricia Jordan is the CBABC Web Manager. She welcomes your comments, questions and suggestions.

Tel: 604-646-7861; Email: pjordan@ bccba.org; visit: www.cba.org/bc.

GO ONLINE FOR MORE INFORMATION

OCTOBER 2010 / BARTALK 7

practicetalk DAVID J. BILINSKY

Time to Upgrade What’s New? Partner let me upgrade u, flip a new page

Introduce u to some new things... r – Music & Lyrics by S.C. Carter, W.J. Clarke, M. Riddick, B. Knowles, A. Beyonce, S. Knowles, C.H. Reid, S. Garrett, recorded by Beyonce r

W

ith the MS Vista debacle behind us and with Windows XP ageing out, many firms who held off purchasing any equipment are now looking at their next hardware and software upgrade. Whether you are replacing 10 – or 100 – computers, servers and associated hardware and software, the “spend factor” is

non-trivial. Accordingly, you will want to ensure that you are getting the best bang for your buck.

So what do you look for in terms of the newest level of technology?

Here are a few things to consider: Paperless Office: There are multiple benefits from moving from a paper paradigm to a paperless office. Centralized document management on the network server should be a primary goal (by establishing the electronic equivalent of the paper file storage system). This allows you to have “one place” to find all records associated with the file – emails, documents, correspondence, pleadings, land title documents etc. Other benefits: Remote access (allowing you to work from anywhere you have an Internet connection) since all documents are on the server and are saved on the server.

The electronic desktop, which places all information literally at your fingertips (no searching for the paper file).

Electronic practice management

8 BARTALK / OCTOBER 2010

with all calendar dates, appointments, contacts, to-do’s etc. at your fingertips.

Centralized precedents (stored on the network) – searchable and customizable.

Dual monitors allowing you to have multiple documents open at any time (such as research and the document on which you are working).

E-filing in courts and LTO offices and other registries is just a click away.

Electronic storage of closed files becomes cost-effective.

Scanning Technology: Searchable Adobe Acrobat PDF has become the standard for taking paper documents and bringing them into a paperless office. Scanning technologies have greatly improved OCR (optical character recognition) recognition rates, allowing scanned documents to be fully searchable on the office network.

PDF/A has been recognized as an ISO archive storage standard.

Security and Privacy: This has reached all-new importance due to the increasing number of hack and fraud attempts (phishing etc.). All systems need to be hardened and need to provide “restore” points to allow for the quick restoration of a downed computer. The appropriate handling of email spam and fraud emails are vitally important. Encryption of flash drives, laptops and any media taken out of the office should be considered.

Voice Recognition: Dragon/Nuance has taken this technology to its highest level yet.

Metadata: The stripping out of metadata from any office documents as well as the hardening of any documents leaving the office (to prevent their alteration) is now a new reality.

Email Management: Email has overwhelmed many inboxes.

Tools to organize, store and handle email are necessary to handle the increasing load.

Extranets: Many firms are establishing secure areas on the web Continued on page 9 >>> The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia.

David J. Bilinsky is the Practice Management Advisor for the Law Foundation of British Columbia.

Email: daveb@lsbc.org Blog: www.thoughtfullaw.com GO ONLINE FOR MORE INFORMATION

dave’s techtips What are some of the technologies that are worth looking at with regard to redesigning your new office?

Here is a selection: SharePoint 2010: (http://sharepoint.microsoft.com/en-us/Pages/ default.aspx) This is perhaps the most interesting and exciting technology to be released in the last while. SharePoint is a collaboration software package that allows a law firm to set up secure “extranet” areas on the web for clients, experts, lawyers, teams and others.

Rather than have your data “in the cloud” on someone else’s server, SharePoint allows you to host all of this within your own control. It offers security and authentication and is integrated into the Office 2010 suite. This software will be one of the most important developments in the time to come.

Office 2010: (http://office.microsoft.com/en-ca) The two new aspects to MS Office 2010 (aside from improvements to Word, Outlook etc.) are OneNote and MS Project:

OneNote is “an electronic version of a paper notebook where you can write down notes, thoughts, ideas, scribbles, reminders, and all kinds of other information.

OneNote offers a free-form canvas where you can type, write, or draw notes in the form of text, graphics, and images wherever and however you want them.”

Project is a “project management tool that helps individuals, teams, and businesses cut costs, manage resources effectively, and streamline projects for maximum productivity.” It provides a timeline, a team planner and integrates with SharePoint.

Windows 7: (http://www.microsoft.com/windows/windows-7/ default.aspx) This 64-bit operating system is a vast improvement over Vista. In fact it is almost Mac-like (but not quite)!

OS X and all things Mac: MS Office 2011 for the Mac has been announced and should be available shortly (www.macworld.com/article/146295/2010/02/office2011announced.html). Outlook will now be available on the Mac. Mac users will be able to: “Share files and collaborate on documents with other Mac and Windows users via Microsoft’s SharePoint, SkyDrive, and Office Web Apps.” Increasingly you will be able to fully use a Mac on a Windows network – giving you the best of both worlds.

OmniPage 17: (www. nuance.com/for-business/ by-product/omnipage/standard/ index.htm) this OCR software preserves graphics and formatting when performing an OCR on a scanned page.

Adobe Acrobat 9: (www.adobe. com) this software can do much more than just provide a common document viewing platform. PDF Portfolios (aggregations of PDF documents) can include video, graphics, text and more. Wonderful for presenting materials to court – all hypertext linked.

Worldox, Hummingbird Opentext, Interwoven: (www.worldox. com/, www.opentext.com/2/ global/sol-products/sol-pro-docmgmt-collaboration.htm, www. interwoven.com) These document management solutions will become increasingly central to how a law firm operates as we move into the paperless office. They are the equivalent to the steel filing cabinet today.

Tablet Computers: (iPad, Lenovo ThinkPad x200 etc.) The tablet computer will be surging ahead as the technologies continue to evolve. Whether it will be in a touch-only format (such as the iPad) or a more traditional tablet (like the X200), there is no question that tablets and touch computing is here – and will be found within the business environment.

Continued from page 8

where clients can view their file and correspond with their lawyer without the need for email. Secure and private!

Electronic Task/Project Management: Firms are moving to technologies that treat a file as

a project, with timelines, task delegation and overview, budgets and more.

Blogs and Social Media: This is the new marketing battleground.

Video, blogs, podcasts and social media sites are all being used

to establish reputations and garner clients.

Rather than just upgrade your hardware and software, you now have the opportunity to flip a new page and introduce yourself to some new things.

OCTOBER 2010 / BARTALK 9

sections SECTION UPDATE

Natural Resources Forestry

Keep Current A review of The Natural Resources – Forestry Section welcomed Mr. provincial Section meetings. u Richard Grieve, Manager of Policy Natural Resources – Forestry Meeting: June 8, 2010 Speaker: Richard Grieve Topic: Replacement of the Woodworker Lien Act: An Overview and Discussion of the Proposed Forestry Services Providers Protection Act

Health Law Meeting: June 2, 2010 Speaker: Julie Gibson Topic: Health Professions Act Update

Young Lawyers – Okanagan Meeting: June 29, 2010 Speaker: Tom Fellhauer Topic: Common Tax Issues

10 BARTALK / OCTOBER 2010

and Legislation Development, B.C. Ministry of Forests and Range to speak on the topic of the replacement of the Woodworker Lien Act (the “WLA”) with the Forestry Service Providers Protection Act (the “FSPPA”). Part 1 of the FSPPA is planned to come into force in September or October of 2010.

Attendees to the meeting heard a history of the subject area from Mr. Grieve; namely, that despite a few failed attempts to have it replaced entirely in more recent years, the WLA had not undergone any significant amendment since 1910. Needless to say, its replacement, the FSPPA, aims to bring a more contemporary approach to the subject area.

Part 1 of the FSPPA deals with liens and charges and has been designed to both strengthen payment protection for forest service providers and bring added certainty to forest product owners. Part 2 of the FSPPA contains a framework for the implementation of the “Forestry Service Providers Compensation Fund,” which is contemplated to assist unpaid forest service providers in the event that forest product owners for whom the providers worked undergo insolvency proceedings.

The FSPPA applies to many forest services, including timber harvesting operations, hauling, sorting, road construction, chipping and grinding. The subject area is not without controversy and Mr. Grieve faced questions from attendees. Such topics as the justification for forest

services providers to place charges on accounts receivables of forest products owners in excess of amounts owed and the implementation and funding of the Forestry Service Providers Compensation Fund were canvassed.

Also tied-in with the introduction of the FSPPA are additional legislative elements designed to protect forest service providers.

These include amendments to the Forest Act aimed to dissuade the courts from stripping away Bill 13 replaceable contract rights during insolvency proceedings and amendments to the Timber Harvesting Contract and Subcontract Regulation to enable contractors to withdraw services for non-payment by licensees without triggering replaceable contract termination clauses.

Health Law speaker Julie Gibson of uGuest Harper Grey LLP presented an update on the Health Professions Act. Regulators and members of most health professions in British Columbia have been significantly impacted by changes to the Health Professions Act that came into force in between October 2008 and spring 2009. The Act governs the conduct of health professionals, including occupational therapists, physical therapists, dental hygienists, dental technicians, denturists, dieticians, nurses, massage therapists, midwives, naturopaths, opticians, psychologists, traditional Chinese medicine practitioners, audiologists and speech-language pathologists. The changes to the Act relate mainly to the powers of regulatory bodies, scope of professional practice and procedures regarding handling of complaints against professionals. The most

significant change to the Act is the creation of the Health Professions Review Board, which is the second such review board in Canada.

Young Lawyers Okanagan Fellhauer of Pushor u Tom Mitchell LLP discussed Current Tax Trends and Tips on Dealing with the Canada Revenue Agency. Governments around the world are running deficits. Their expenditures are exceeding tax revenues while facing demands by the public to maintain or increase spending and services, without increasing taxes. This is an international trend and is now resulting in pressure to increase tax rates and add new types of taxes (e.g. the HST does both) as well as stricter enforcement of tax laws.

The CRA may ask for documents or follow procedures that may not be within their authority to request.

Be prepared to question them about what they want and why and under what authority, and be prepared to say “no” where appropriate. The CRA has huge powers to obtain information, and sometimes-confidential planning information is contained in accounting files, which is not protected. Best to be calm, courteous and cooperative in your demeanour with the CRA, but to not automatically give in to everything they request.

For enrolled CBA members, more detailed information and available minutes from the Section meetings go online to www.cba.org/bc in Sections under Professional Development.

CHATTER WITH CHAIRS

CBABC Women Lawyers Forum Kamloops Kathleen Kendall, Co-Chair The highlight of the year has been the successful organization of our group into a CBA Forum. We look forward to a good relationship with the province-wide WLF and a mutually beneficial sharing of ideas.

SOGIC Brian Yuen, Co-Chair SOGIC recognizes that many rights and privileges previously only available to heterosexual couples have been granted to LGBT people but the greater society’s acceptance, tolerance and attitudes STILL needs to improve. It’s one thing for the law to change but another for LGBT people to actually live freely, safe from harm, free from threats and to truly be themselves. If you would like to participate in our lectures, social networking events, and support one another, please join our Section.

SECTION NEWS

Products Liability Law The CBABC welcomes a new Section! The Product Liabilities Law Section’s mandate is to assist the Bar in understanding and staying current with developments in the law of products liability in Canada.

CBABC PD FREE WEBINAR WINNERS! 1. Douglas Bailey, Kelowna 2. Indra Hornsby, Richmond 3. Joyce Lee, Vancouver

GO ONLINE FOR MORE INFORMATION

OCTOBER 2010 / BARTALK 11

features LAURA WATTS

5th Annual Canadian Conference on Elder Law October 28-30, 2010, Toronto, Ontario.

S

ociety is currently undergoing the largest demographic shift in the history of humankind. In Canada, it is estimated that one in every four people will be over the age of 65 by 2036. In B.C., that figure looks to be even sooner – by 2030. But what are we, as a profession, doing to plan how to increase our knowledge base and respond to client need? The Canada Centre for Elder Law (CCEL) was established in 2003 as a national centre of excellence on law and aging issues. Located in Vancouver, the CCEL engages in legal research, law reform and outreach activities, responding to the need for good information in this exploding area of law.

One of the key activities, which the CCEL hosts, is the Canadian / International Conference on Elder Law. This unique event brings interdisciplinary issues into a legal focus – it is a hugely popular “big tent” conference, and is routinely rated a top event internationally, both for its strong content, and also its wonderful networking opportunities.

The conference brings together Canadian and international experts, academics, lawyers and advocates to promote and advance the discussion of elder law issues. This year’s conference theme is “Developing an Anti-Ageist Approach to the Law.” The theme reflects a multiyear Law Commission of Ontario

12 BARTALK / OCTOBER 2010

project, bringing multidisciplinary analysis to bear on the law as it affects the older adult.

This year the conference will be held at the Delta Chelsea Hotel in the heart of downtown Toronto.

Conference rates are very competitive and the content is second to none.

The conference endeavours to address a range of issues in relation to elder law. In particular, the conference will explore the following three broad issues: 1. Ageism and the law.

The conference aims to promote discussion and reflection on how the design or implementation of the law may reveal ageist stereotypes or assumptions about older adults, a failure to recognize how particular laws may uniquely or disproportionately affect older adults, and use of age-based criteria.

2. Access to justice for older adults.

The conference seeks to address the unique challenges older adults may face when trying to enforce their rights due to, for example, ageism, health issues or capacity issues. The conference also aims to explore the types of services and systems that are needed to ensure older adults have access to justice and how technology can be used to enhance the delivery of legal services and information to older adults.

3. Law reform and older adults.

The conference aims to promote discussion on what considerations should be taken into account when designing laws that may affect older adults and why laws appear effective when drafted yet so often fail to effect the intended improvements or, have negative effects on the lives of older adults.

Some invited plenary speakers include: The Right Hon. Chief Justice Beverley McLachlin, PC, Supreme Court of Canada John Beard, Director, Dept. of Aging and the Life Course, World Health Org. John McCamus, Chair of Legal Aid Ont. Frances Patterson, QC, Public Law Commissioner, Law Reform Commission of the United Kingdom and, Roger Smith, Director of JUSTICE, London, England The conference pre-day for the World Study Group on Elder Law will be held on Thursday, October 28, 2010. The World Study Group on Elder Law, originally convened by CCEL, is a group of international scholars in the area of law and aging who meet annually to present research updates and new work in this important, challenging and expanding field.

Everyone is welcome, no matter your knowledge level – there is something for everyone. We look forward to seeing you there.

Conference registration is available online at www.bcli.org/ccel.

Laura Watts, National Director, Canadian Centre for Elder Law, 604-822-0142.

MIKE MILLER

PPC Canada EAP Services

Helping you with life’s predictable challenges... and the less predictable crises.

DID YOU KNOW? Everyone can use a little help in life from time-to-time, and lawyers are no exception. Members of the Law Society of British Columbia have access to a confidential program designed to assist you and your family with a variety of personal and professional issues.

PPC CANADA EAP SERVICES (FORMERLY INTERLOCK) – MAKING LIFE EASIER Everyday life is full of challenges and PPC (Personal Performance Consultants) are experts at identifying those life events that can cause unwelcome stress or anxiety. Many of these key life events are predictable, so with PPC’s help, you can prepare for them and stay happy, healthy and fully focussed. You can access assistance 24/7 via telephone or online services – PPC Online.

AND HELPING IN TIMES OF CRISIS Some life events are not predictable (e.g. serious illness, the death of a loved one). At difficult times like these, it can be very helpful to talk to an expert and receive practical advice and support. PPC offers a range of support services, including online resources, e-counselling, telephone support and in-person counselling. PPC is only a phone call away and will discuss with you the most appropriate support package for your needs.

THE RIGHT HELP AT THE RIGHT TIME Your PPC service is available 24 hours a day, 7 days a week, online or by phone. All services are completely confidential.

PPC CANADA EAP IS MORE THAN COUNSELLING PPC Canada provides services to assist with all of life’s challenges.

In addition to confidential counselling services, here are some of the ways that PPC can assist you and your family: Financial issues: consultation with financial coaches for debt management and financial planning.

Nutritional Coaching: consultation and nutritional planning with a registered dietician.

Information and Advisory Services: customized resources information packages to assist you with services such as childcare, eldercare and parenting.

Smoking Cessation: a program designed to assist clients who wish to quit smoking using the Quitcare Program.

WE’RE HERE TO HELP – CONTACT PPC 24/7/365 Online Assistance: www.ppconline.info username: healthy / password: living Telephone: 1-800-663-9099 E-counselling: www.ca.ppcworldwide.com keycode: healthyliving GO ONLINE FOR MORE INFORMATION

OCTOBER 2010 / BARTALK 13

features JAMES GOULDEN

Sabbaticals They are great... both the firm and the lawyer benefit.

S

abbatical? I was only 42 years old. Why would I need a sabbatical? I had been working at Bull, Housser & Tupper LLP, since I articled there in 1992 – just 17 years. My parents both worked at their jobs for much longer without any sabbatical. As I thought about it more, however, I began to focus on the personal benefits that I would receive from a sabbatical, as well as the benefits I hoped the firm would receive from allowing me to take an extended break from work.

The sabbatical program at Bull, Housser & Tupper LLP is available to all partners with approval by our Executive Committee. For example, our Executive Committee has to make sure that not too many partners wish to take a sabbatical at the same time. For a sabbatical, a partner is entitled to take three months paid leave from the firm. As well, you are able to add, if desired, your four weeks of vacation time to the sabbatical, resulting in four months away from the office. There are no specific requirements for your sabbatical, such as writing a book or taking a course. Your time away from the office does not impact your compensation. As well, your targets for the year, such as billings, are reduced accordingly.

In considering a sabbatical, I had worries. Would the clients survive?

14 BARTALK / OCTOBER 2010

Would they forget about me?

Would there be any work for me to do upon my return to the office? All of these fears turned out to be misplaced.

First of all, when you are away from the office, you quickly come to the realization that everyone can survive without you for a few months. I work in a large firm and my partners and colleagues were more than capable of handling my files while I was away from the office. Our clients were well served during my absence. That said, as you have developed relationships with your

A sabbatical only works if you are truly away from the office. I came back to the office feeling relaxed, revitalized and excited about the next 17 years of practising law. clients over the years, they are indeed pleased to see you return and pleased to work with you again.

Second, by delegating most of your practice in preparation for

an extended leave, you are left with a partially clean slate when you return. Some of your files will not return after a sabbatical (some of which you are pleased to see go!). However, this new “gap” in your practice provides you with the freedom and time to reconnect with people and pursue new or different work upon your return to the office. In the short period after returning from my sabbatical, I was able to focus more on client relationships than I have for at least 10 years. It has been very rewarding. As well, in addition to the positive recharging effects of a sabbatical, by seeking out and obtaining new work for the firm after a sabbatical, the firm is also better off.

A sabbatical only works if you are truly away from the office. I made the decision not to perform any work while I was away from the office. I did not respond to emails on my BlackBerry and often had my BlackBerry turned off while I was away.

I made it clear to clients and the firm that I would not be checking or responding to emails. We both survived. As a result, my sabbatical was fantastic. I travelled throughout India, Europe and the United States. I spent loads of time with family and friends. I came back to the office feeling relaxed, revitalized and excited about the next 17 years of practising law at Bull Housser & Tupper LLP. A sabbatical is great and both the firm and the lawyer benefit.

James Goulden, Partner Bull Housser & Tupper LLP

STACEY GRUBB

Patient Care Quality Review Board Act A first year in review.

D

uring forums entitled “BC Conversation on Health,” the public expressed to the government that improvements in health authorities client relations offices and their processes could improve the transparency and accountability of the health care system.

As a result of those consultations, the Patient Care Quality Review Board Act (the “Act”) came into force on October 15, 2008. The goal of the Act was to improve patient satisfaction and public confidence in the health care system by developing a review process that was open and accountable to the public.

The Act standardized and formalized the complaint process and established a Patient Care Quality Office (“Quality Office”) in each Health Authority. Patient Care Quality Officers review and investigate complaints that the Quality Office receives. Complaints are acknowledged, and investigations and responses back to the complainant must be provided within 30 business days. The response to the complainant must address the concerns expressed by them and provide information that was learned during the investigation.

The Act also established Patient Care Quality Review Boards (“Boards”) to allow patients the opportunity to have their complaints addressed by a review board. If the

complainant is not satisfied with the response from the Quality Office, the complainant may apply to the Board in his or her region to review the decision of the Quality Office.

The Boards are independent from the Health Authorities and are accountable to the Minister of Health Services.

The Boards have four main functions, as set out in the Act: Receiving and reviewing patient care quality complaints; Reviewing any situation or matter at the direction of the Minister of Health Services; Making recommendations to improve the process by which complaints are made and addressed to improve the quality of patient care, to resolve a specific care quality complaint, or to address any other matter in a review requested by the Minister of Health Services; and Monitoring, tracking and reporting on care quality complaints in B.C. The Patient Care Quality Review Boards 2009/2010 Annual Report for the period April 1, 2009 to March 31, 2010 was released in June 2010.

2009/2010 is the first year that data regarding complaints was consistently tracked and reported across B.C. In 2009/2010, there were 5,824 care quality complaints

and of those complaints, only one per cent proceeded to the Boards for review. Of the complaints received by the Quality Offices, the most prevalent complaints were classified as Attitude/Conduct in Acute Care (1044) followed by Deficiencies in Care in Acute Care (580).

In 2009/10, the Boards accepted 65 review requests and completed 53 reviews. In 43 of the reviews (81 per cent), the Boards made recommendations to improve the quality of the patient care and/or the quality of the complaints process itself.

The Boards made 104 recommendations for quality improvement – 102 to the Health Authorities and two to the Minister. Eighty-seven of the recommendations were to improve the quality of patient care and 15 were to improve the complaints process. In 16 of the reviews, the Boards identified opportunities for the Quality Offices to improve the quality of their investigation or response.

The recommendations made have resulted in new and amended policies and protocols, better communication tools for providers and patients, new education and training for staff, standardized procedures and enhanced compliance with policy and professional practice standards. The process has improved communication with patients throughout the complaints process, which has helped restore patient trust and confidence in the health care system.

Stacey Grubb is the Chair of the Health Law Section and is an Associate at Guild Yule LLP where she practises Health Law, Intellectual Property and Insurance Law. OCTOBER 2010 / BARTALK 15

feature 2010/2011 EXECUTIVE COMMITTEE Stephen McPhee PRESIDENT

Sharon Matthews VICE PRESIDENT

Ramsay, Lampman, Rhodes Nanaimo

Camp Fiorante Matthews Vancouver

James M. Bond PAST PRESIDENT

Kerry Simmons SECRETARY/TREASURER

Lang Michener LLP Vancouver

Cook Roberts LLP Victoria

Dean Crawford OFFICER

Carmen Rogers OFFICER

Heenan Blaikie LLP Vancouver

Crown Counsel-Victoria Victoria

Mark Slay OFFICER

Brian Yuen YOUNG LAWYERS REPRESENTATIVE

North Shore Law LLP North Vancouver

Jennifer Spencer EQUALITY AND DIVERSITY REPRESENTATIVE Miller Thomson LLP Vancouver

16 BARTALK / OCTOBER 2010

Jeffery & Calder Vancouver

To read more about each Executive go online: www.cba.org/BC/About_Us/main/executive.aspx \\

Bench

&Bar Dinner

The Law Society of BC and the Canadian Bar Association, BC Branch warmly invite lawyers and judges to attend the 26th Annual Dinner for the Bench and Bar

Date: Time:

Wednesday, November 3, 2010 Reception – 5:45 pm (cash bar) Dinner – 6:30 pm Place: The Fairmont Hotel Vancouver British Columbia Ballroom 900 West Georgia Street Vancouver, BC Dress: Business attire Tickets: $95 per person (including HST)

DEADLiNE To PuRCHASE TiCkETS iS oCToBER 20, So oRDER EARLy. This year's Bench & Bar Dinner comes to the Fairmont Hotel Vancouver, offering lawyers and judges a unique opportunity to enjoy an evening of good company and conversation.

The Dinner will honour the recipients of the Law Society Award and the CBABC Georges A. Goyer, QC Memorial Award for Distinguished Service (to be announced this fall).

The late Honourable John Charles Bouck is the recipient of the 2010 Law Society Award in recognition of his exemplary career and many achievements.

Join the Law Society Benchers and the CBABC Executive and Provincial Council in paying homage to those who have made outstanding contributions to the cause of justice in BC.

Send _____ tickets @ $95 each. Total $

HST #106843451 RT

Name: Firm: Address: City:

Postal code:

Telephone:

Facsimile:

Email:

Dietary restrictions:

Visa

MasterCard

Credit card number:

Cheque enclosed (payable to the Canadian Bar Association, BC Branch) Expiry date:

Signature: Mail, email or fax (fax orders require payment by credit card) your ticket order to: Canadian Bar Association, BC Branch – Attention: Events 10th Floor – 845 Cambie Street, Vancouver BC V6B 5T3 Email: events@bccba.org; Fax: 604-669-9601; Tel: 604-646-7855

news&events

NATIONAL NEWS

Niagara 2010 Canadian Legal Conference n Hundreds of lawyers, law

professors, legal professionals and judges gathered in the heart of Ontario’s Niagara wine region for networking opportunities, professional development and presentations by keynote speakers at the CBA’s annual meeting.

POLICY RESOLUTIONS During the course of its two-day meeting in Niagara, CBA Council adopted seven policy resolutions on several subjects, including equality rights, fetal alcohol spectrum disorder and institutional bilingualism at the Supreme Court of Canada.

18 BARTALK / OCTOBER 2010

OPENING PLENARY Paul Krugman, renowned Princeton economist, New York Times columnist and best-selling author (pictured speaking in top photo), delivered the keynote address. The Nobel Laureate praised Canada for its sound financial and banking regulatory system, but warned there is no guarantee that Canada will continue to outperform the rest of the developed world.

The Right Hon. Chief Justice Beverley McLachlin (pictured in bottom left photo), updated delegates on the work of the Supreme Court of Canada. In the last year, the SCC released 70 judgments, 44

of them unanimous. About four out of five cases heard were civil. The Chief Justice also drew attention to the fact that approximately onequarter of leave applications are filed by self-represented litigants.

The Supreme Court has set up an online resource site to help them.

CBA special adviser Richard Susskind, a legal futurist, law professor in Glasgow and London, and the author of the book, The End of Lawyers? Rethinking the Nature of Legal Services, provided his insights on law firm models of the future.

Federal Justice Minister Rob Nicholson (pictured in bottom right photo) defended his government’s tough-on-crime initiatives as part of its duty to promote public confidence in the justice system and ensure that it works fairly and efficiently. The Criminal Code was not keeping up with the changing face of crime, he told CBA members during the annual dialogue with the minister.

PROFESSIONAL DEVELOPMENT The Canadian Legal Conference featured two full days of professional development seminars with five concurrent streams designed to appeal to a wide range of practitioners. The CBA also launched its new Partnership Toolkit (www.cba.org/cba/partnership/ main/) for young lawyers facing the prospect of partnership.

The online resource contains podcasts, fact sheets, self-assessments and reading material from managing partners, partners, associates, career coaches and from lawyers who have chosen different career paths.

More details on the policy resolutions, keynote speakers and PD sessions are available here:

http://cbaniagara.mediadossier. \\ com/ GO ONLINE FOR MORE INFORMATION

NATIONAL NEWS

New CBA President Rod Snow

UPDATE

Public Commission on Legal Aid: Time to Engage

n On August 17, Rod Snow

of Whitehorse took over the presidency of the CBA, becoming the first CBA President to hail from North of 60. Rod Snow is keenly aware of issues that affect lawyers practising across Canada.

“I know that lawyers everywhere are under pressure from a confluence of factors such as globalization, technological change, and the fallout from the recent recession to adapt and do more for less. These kinds of issues will be my priorities.” www.cba.org/CBA/news/2010_ \\ releases/2010-08-16-Snow.aspx GO ONLINE FOR MORE INFORMATION

NATIONAL NEWS

Equity Committee Launches Videos on YouTube n This year, the CBA Standing

Committee on Equity produced three videos that were launched at the CBA Canadian Legal Conference on August 15. Available for viewing on YouTube, the videos showcase three members of the CBA who are trailblazers for equality seeking groups.

n One of the key goals of the Public Commission on Legal Aid (the “Public Commission”) is to engage the public, community groups and justice system stakeholders throughout British Columbia in order to gather feedback on the future of legal aid in the province. As you read the October issue of BarTalk, the Commission Co-ordinator (Michael Litchfield) will be travelling the province with Commissioner Leonard Doust, QC as he hears one component of this feedback through in-person submissions at Public Commission hearings in 11 communities.

These hearings are a critical part of the Public Commission process and will provide the Commissioner the opportunity to hear the first hand experiences and ideas for the future of those working on the front lines of legal aid in British Columbia.

The Public Commission Hearings are just one component of the process however, as the Public Commission has also issued an open call for written submissions. To date the Public Commission has received submissions and expressions of interest from individuals,

lawyers, justice system stakeholders and community organizations representing a myriad of groups.

If you have not had a chance to participate in the Public Commission as of yet, now is the time to get engaged with this groundbreaking initiative.

Written submissions will be accepted until October 31, 2010 and you are encouraged to visit the Public Commission website at www.publiccommission.org for further information. You are also strongly encouraged to attend the Public Commission Hearings in your community.

The dates and locations of the hearings that have been held and those that are upcoming are listed below.

September 20 September 21 September 23 September 27 September 28 September 30 October 4 October 5 October 7 October 8 October 12

Williams Lake Prince George Terrace Kamloops Kelowna Cranbrook Nanaimo Victoria Vancouver Surrey Chilliwack

To view the video, visit the Equity Committee page: http://www.cba.org/CBA/ \\ Equity/main/ GO ONLINE FOR MORE INFORMATION

OCTOBER 2010 / BARTALK 19

news&events UPDATE

CLEBC Update WILLS, ESTATES AND SUCCESSION ACT The Wills, Estates and Succession Act and the new Probate Rules are expected to come into force in 2011. The Estate Administration Act, Wills Act, Wills Variation Act and other statutes will be repealed when the WESA comes into force.

CLEBC has worked with the B.C. Law Institute, practitioners, and other stakehold-

ers to develop an education plan for the WESA’s implementation.

CLEBC’s first offering will occur on November 23, 2010 – “Wills, Estates and Succession Act: An Overview.” The faculty will consist of practitioners who led and helped to prepare the legislative reforms. Immediately after the course, beginning at 5:00 p.m., Boughton Law Corporation and the BCLI will host the third annual GREAT Debate.

The GREAT Debate is a separately ticketed event; visit www.bcli. org to obtain more information.

CLEBC will launch the WESA

Transition Guide at the course.

The Transition Guide will include overviews of the WESA and the Probate Rules, detailed tables of concordance prepared by the BCLI, and full, annotated versions of the WESA and Probate Rules.

Topical chapters will review key emerging and transition issues.

For further information contact CLEBC customer service at 604-893-2121 (toll-free in Canada at 1-800-663-0437) or at www.cle.bc.ca.

NATIONAL NEWS

Joint Policy Statement on Audit Inquiries and New Accounting Standards n The CBA and Auditing and Assurance Standards Board (AASB) are working together to adapt the Joint Policy Statement on Audit Enquiries (JPS), in light of pending new International Financial Reporting Standards (IFRS). IFRS are scheduled to come into effect in Canada, starting in December 2010.

Under IFRS, the reporting standard for contingencies will change.

The CBA/AASB task team is issuing Interim Guidance on how to deal with audit inquiries under IFRS. This Interim Guidance applies only for financial statements prepared in accordance with IFRS and in the limited circumstances described

under Scope and Purpose in the Interim Guidance. In all other circumstances, communications with law firms continue to be governed by the JPS in its current form.

Interim Guidance: www.cba.org/CBA/jointpolicy\\ statement/main/default.aspx

!

T U O G I W T ’ N O D YOU HAVEN’T MISSED THE LAWYER SHOW AUDITIONS! SUN OCT 17- 2pm to 5pm & THURS OCT 21- 7pm to 10pm CAROUSEL THEATRE, 1411 Cartwright Street (on Granville Island) For more audition information go to www.touchstonetheatre.com/the-lawyer-show

The 2011 Lawyer Show is...

A Funny Thing Happened on the Way to the Forum Music and Lyrics by Stephen Sondheim, Book by Burt Shevelove & Larry Gelbart ROBERT RUTTAN AS ‘OBERON’ A MIDSUMMER NIGHT’S DREAM THE LAWYER SHOW 2009

20 BARTALK / OCTOBER 2010

The Lawyer Show is a fundraiser for Carousel Theatre and Touchstone Theatre, both registered charities.

The 2011 installment plays the Waterfront Theatre from May 4 - 7.

LEGISLATIVE UPDATE

ACTS IN FORCE Current from June 23 to September 1, 2010 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.

BODY ARMOUR CONTROL ACT, S.B.C. 2009, C. 24 (BILL 16) Act is in force July 1, 2010

HAIDA GWAII RECONCILIATION, S.B.C. 2010, C. 17 (BILL 18) Section 2 is in force July 30, 2010

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 2), 2010, S.B.C. 2010, C. 6 (BILL 11) Sections 9, 10(b) and (c), 12 and 17 are in force June 25, 2010.

Sections 145, 148, and 150 are in force July 1, 2010. Sections 141 to 144, 146, 162, 168 and 170 are in force June 25, 2010. Section 189 is in force June 25, 2010. Sections 171(b) and 173, section 174 (g) as it enacts section 216(5)(a), (c) and (d) of the Motor Vehicle Act, and section 175(b), (c) and (d) are in force June 25, 2010.

Sections 177, 179 to 181, 183 to 186 and 188 are in force July 30, 2010

MISCELLANEOUS STATUTES AMENDMENT ACT (NO. 3), 2010, S.B.C. 2010, C. 21 (BILL 20) Section 36 is in force June 25, 2010.

Sections 205 and 206, section 207 except insofar as it amends section 5(1) of the Coastal Ferry Act, and sections 208, 209, 211, 213 to 215, 216(a), (b), (c), (e), (f) and (g), 217 to 219, 222, 223, 245 and 246 are in force June 25, 2010. Section 207 insofar as it amends section 5(1) of the Coastal Ferry Act, and sections 210, 212, 216 (d), 220, 221 and 225 are in force October 1, 2010. Sections 227 to 240 are in force June 25, 2010. Sections 37, 38 and 39 are in force July 30, 2010.

Section 40 is in force July 30, 2010.

Sections 224, 226 and 241 to 244 are in force July 30, 2010 For a full list of Acts in Force go online to www.cba.org/bc.

BRANCH & BAR

Calendar

OCTOBER 2

Nanaimo Battle of the Bar Bands

3-8 2010 International Bar Association Conference Vancouver 6

LAP: Boundaries for Lawyers

8

BCSC Welcoming Ceremony

19 CBABC PD Seminar: Ethics in Action: Practice and Community

NOVEMBER 2

CBABC/KBA PD Seminar: Paperless Office

3

26th Annual Bench and Bar Dinner

9

CBABC PD Webinar: Effective and Plain Language Legal Writing

19-21 CBABC Fifth Annual Branch Conference NEWS

CBABC WLF is Calling for Award Nominations n The CBABC Women Lawyers Forum is calling for nominations for its Award of Excellence, and Debra Van Ginkel, QC Mentoring Award.

The Award of Excellence recognizes exceptional women who have taken risks, fostered change and ultimately opened doors for women lawyers. Nominees must be current members of the CBA and WLF. Consideration will be given to nominees who have successfully advanced changes in the practice of law for women lawyers through: retention strategies, leadership roles for women within law firms, mentoring, education, writing, breaking new frontiers or community work which has enhanced the practice of law for women.

The Debra Van Ginkel, QC Mentoring Award honours the memory and accomplishments of Debra Van Ginkel, QC, who

believed that all people, women lawyers especially, need a mentor to support and encourage them professionally and personally.

Nominees must be current members of the CBA and the WLF, and must have participated for at least one year in the WLF Mentoring Program. Other criteria include the demonstrated ability to understand and support women’s issues, act as a role model for their mentees and women in the law generally, and share their personal experiences in a way that is encouraging and non-judgmental.

Nominations for both awards must be submitted on or before 4:30 p.m. on November 5, 2010.

Further information on the nomination criteria and procedures, and nomination forms are available from the CBABC online at www.cba.org/bc or call toll free at 1-888-687-3404 or 604-687-3404.

OCTOBER 2010 / BARTALK 21

news&events Health & Wellness TIP Slow, deep breathing – Quick Fixes for Stress You can quickly bring down your heart rate and blood pressure by breathing deeply and slowly. Close your eyes and concentrate on breathing in to a count of three and then out for a count of six. The slow out breath is “nature’s tranquilizer.” Repeat for a minute or two.

COURTESY OF

PPC CANADA www.ppconline.info

FEATURE

Letting Lawyers Loose on the World

Michael Welsh gambols with a “chicken man” and a snake in Thailand.

Tom Manson, QC in ceremonial robes in Cameroon where he was initiated as Ta’mfu of Mbot Njep wiWarr (the warrior society of Mbot located in North West Cameroon).

22 BARTALK / OCTOBER 2010

grantsapproved LAW FOUNDATION OF BRITISH COLUMBIA

Announcements Coast Capital Savings Credit Union Law Foundation Chair, Mary Mouat, commends Coast Capital Savings Credit Union for its commitment to paying a lead rate of return on lawyers’ pooled trust accounts. During these unprecedented times, recognizing the overall impact of protracted low interest rates on the Law Foundation’s revenues, Coast Capital Savings Credit Union agreed to a new interest rate agreement of prime less 1.75 per cent, with no service charges.

Thanks go to Tracy Redies, Chief Executive Officer, Robert Dean, Managing Director, Business Services and Glen Kensley, Senior Manager Cash Management of Coast Capital Savings Credit Union for the leadership shown in making this new agreement possible.

Increased revenues enable the Law Foundation to fund programs that make the justice system accessible to the people of British Columbia.

The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries.

The B.C. Branch of the Canadian Bar Association, Law Society of British Columbia and the Law Foundation of British Columbia encourage lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts.

Grantee Spotlight: Canadian Red Cross, First Contact Program In June 2008, the Law Foundation approved a grant for the First Contact program run by the Canadian Red Cross, Lower Mainland Region.

First Contact provides information and services to newly arrived refugee claimants.

Specifically, it provides information about the refugee process, information on the availability of legal aid, referrals to refugee serving organizations, and referrals to emergency shelter and longer-term housing. A booklet and a free 24/7 telephone hotline service, operated by trained, multilingual Red Cross volunteers, provide information to this particularly at risk population.

The benefits of First Contact have been significant: during the Law Foundation’s funding of the pilot program, 901 refugee claimants were able to access legal information, legal aid and other legal services. In addition to legal referrals, referrals were also made to community services in the Lower Mainland.

The most vulnerable of these claimants were provided with housing, transportation, food and a settlement service referral by First Contact, to one of a network of 40 collaborating agencies.

Currently, the program has a total of 58 volunteers speaking 18 languages.

For more information about this program and other programs of the Canadian Red Cross, please visit www.redcross.ca.

OCTOBER 2010 / BARTALK 23

professionaldevelopment EMAIL: PD@BCCBA.ORG

VALLEY OF THE SUN

Scottsdale

Upcoming Seminars

Arizona

The CBABC and the Chilliwack/Abbotsford Bar Association Present: ETHICS IN ACTION

2010 CBABC Fifth Annual Branch Conference in Scottsdale, Arizona Date: November 19-21, 2010 Location: Hyatt Regency Scottsdale Resort and Spa 7500 E. Doubletree Ranch Road, Scottsdale Details: Once again, the Organizing Committee has planned this Conference so that you can obtain all 12 of your required Professional Development credits with time left over to enjoy Scottsdale.

Speakers: Jan Lindsay, QC Bencher and Douglas MacAdams, QC Date: October 19, 2010 Time: 12:30 - 2:30 p.m.

Location: Ramada Watcom 36035 North Parallel Road, Abbotsford

The CBABC and the Department of Justice Present: ETHICAL DEBATE

WEBSITE: CBA.ORG/PD \\

The CBABC and the Kelowna Bar Association Present: PAPERLESS OFFICE Speaker: Stuart Rennie, Legislation and Law Reform Officer, CBABC Date: November 2, 2010 Time: 3:00 - 5:00 p.m.

Location: The Harvest Golf Club 2725 K.L.O Road, Kelowna

The CBABC Presents: BE UNDERSTOOD: EFFECTIVE AND PLAIN LANGUAGE IN LEGAL WRITING

This will be an interesting and informative event, with speakers debating on current ethical issues.

This webinar will present drafting techniques that can help make the writing process easier, with a focus on plain language principles. “Before and after” examples will illustrate how to apply these skills.

Date: October 20, 2010 Time: 9:30 a.m. - 12:00 p.m.

Location: Law Courts Inn 206-800 Smithe Street, Vancouver

Speakers: Mary Ainslie, Christine Mingie, Margaret Gaily Date: November 9, 2010 Time: 11:00 a.m. - 1:00 p.m.

Location: Webinar

\\ Don’t forget to visit our new one-stop PD resource site www.cba.org/pd/ to create a personalised account based on your PD needs! Go to www.cba.org/bc for updates on Professional Development seminars.

memberservices EMAIL: MEMBERS@BCCBA.ORG

Member Services promotes seasonal promotions and special offers to our members. Visit the CBABC website for links to various activities and promotions on the Member Savings page under Membership.

WHAT’S NEW: STATE OF THE ART CUSTOM FRAMES Send a powerful message about your qualifications. Display your \\ documents professionally in your choice of sophisticated wood frame styles with either a plain mat or with the Canadian Bar Association, British Columbia logo tastefully presented on the mats.

BCLMA/CBABC Support Staff Compensation and Charge-Out Rates Surveys for 2010 will be available \\ for purchase November 2010. This year there are added features. Stay competitive and know your market!

24 BARTALK / OCTOBER 2010

displayads EMAIL: ADS@BCCBA.ORG

BarTalk Gets Results CBA (BC) Benevolent Society Providing assistance to lawyers and articled students who have suffered an illness or injury.

For more info go online: www.cba.org/BC/Initiatives/ \\

main/benevolent_society.aspx

DISPLAY AD RATES

INSERT (all of B.C.)

FULL BACK PAGE $5,000

CBABC Members/Firms $1,250

FULL INTERIOR PAGE Commercial Organizations $3,500 $2,500 1/3 INTERIOR PAGE $1,620

Next deadline: Nov. 12 Next mailing: December 3

1/6 INTERIOR PAGE $1,000

Direct BarTalk advertising inquiries to:

CBABC Members/Firms

CBABC Email: ads@bccba.org Tel: 604-646-7856 or 1-888-687-3404

50 per cent off above rates

Next deadline: Nov. 5

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CHALLENGING LEGAL WORK AND AN OKANAGAN LIFESTYLE We are looking for a Litigation Associate with two to five years experience that has the right combination of skills and character to join our team. We look for people with strong academic qualifications and integrity as well as enthusiasm for the practice of law and a healthy balance to life. Candidates should have an interest and experience in criminal law to assist with our prosecution work for the Director of Public Prosecutions as well as some civil litigation work.

Choosing a team to work with is a big decision. The top ten reasons why we believe you should consider Pushor Mitchell: • • • •

Talented colleagues.

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Professional yet casual office environment.

Over 35 years growing with Kelowna.

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We reward your dedication, efforts and drive with a competitive salary, comprehensive benefits, bonuses and partnership opportunities.

If you are interested in joining our team please submit your resume to Terry Edwards, Executive Director at edwards@pushormitchell.com

OCTOBER 2010 / BARTALK 25

barmoves Who’s Moving Where and When Vista Trethewey has joined Dolden Wallace Folick LLP. Vista will be practising insurance law.

Prior to joining Dolden Wallace Folick LLP, Vista was an associate in the Labour and Employment group of a large national law firm.

Emma Butt has joined Boughton Law Corporation Aboriginal and Litigation practice groups. Ms. Butt practises in the areas of commercial litigation and aboriginal law, and has expertise in the area of legal research.

Colin Galinski

Michael Weiler

has joined the newly-formed boutique human resources law firm, Spectrum HR Law LLP, with offices in Calgary and Vancouver. Colin’s practice, in the Vancouver office, will focus on pension, employee benefits and executive compensation.

has been admitted as a Shareholder of Boughton Law Corporation. Mr. Weiler will continue to lead Boughton’s Employment and Labour practice group.

Meika Lalonde

Ryan Chalmers

has joined the newly-formed boutique human resources law firm, Spectrum HR Law LLP, with offices in Calgary and Vancouver. Meika’s practice, in the Vancouver office, will focus on business immigration.

has joined the Engineering and Construction firm of SNC-Lavalin Inc. as legal counsel focusing on corporate commercial and business law. He was previously with Blake, Cassels & Graydon LLP.

Craig Natsuhara

Mandy Cheema

has joined the newly-formed boutique human resources law firm, Spectrum HR Law LLP, with offices in Calgary and Vancouver. Craig’s practice, in the Vancouver office, will focus on business immigration.

has joined Alexander Holburn Beaudin & Lang LLP Real Estate and Banking and Lending practices. She completed her LL.B. at York University in 2001.

Christine Baron

James Ball

(nee Martindale) opened her practice in the spring of 2010 in Coquitlam and Gastown. She advises family businesses and business start-ups as well as doing wills and estate planning.

has joined Alexander Holburn Beaudin & Lang LLP Transportation practice.

His practice is predominantly litigation-based with a focus on aviation law. James completed his LL.B. at Dalhousie University in 2009.

26 BARTALK / OCTOBER 2010

newmembers BAR MOVES SUBMISSIONS (MAX 35 WORDS) TO CBA@BCCBA.ORG FOR MORE BAR MOVES GO TO BARTALK ONLINE

Tamara Olding has joined Bull, Housser & Tupper LLP as associate and will be practising with their First Nations group.

July & August 2010 Regular Members Victor Alfonso Wesley Y.L. Chan

Merle Alexander has joined Bull, Housser & Tupper LLP as Partner and will be practising with their First Nations group.

Ryan Douglas Irving

Simon N. Collins

Paul Kennedy

Slater Vecchio LLP Vancouver

Norita N. Lal-Khara

John W. Geppert

Mery Naveh

Winsome B. Glover Mike Jukic

has joined Hakemi & Company Law Corporation, focusing on complex commercial litigation matters and government investigations in areas that include securities, shareholder and partnership disputes, defamation and commercial contracts.

Daniel Remick previously with Davies Ward Phillips & Vineberg LLP, has joined Koffman Kalef LLP as an associate practising commercial real estate and corporate/ commercial law.

MacLean Family Law Group Vancouver Daniel Katzin

Fraser Milner Casgrain LLP Vancouver Stefanie A. Quelch

Victory Square Law Office LLP Vancouver

after successfully completing his articles at Koffman Kalef LLP, has joined the firm as an associate practising corporate and commercial law.

Harper Grey LLP Vancouver

Bellevue, WA Vancouver David Volk

Hordo & Bennett Vancouver Roberts Wallis

Borden Ladner Gervais LLP Vancouver Ryan Welsh

Gowling Lafleur Henderson LLP Vancouver

Law Students

Brandi Stocks

Davis LLP Vancouver

Ronald Patrick Docherty Sacha Ivy

Articling Students Nien Yin Chang

Mark Bickford

Farris, Vaughan, Wills & Murphy LLP Kelowna

Kornfeld Mackoff Silber LLP Vancouver

Vancouver

Nicholas Ellegood

Michael Giovanni Hansen

Victoria Lorna Mardlin

Burnaby

Cocuta Sirian

Stephen Paul Edward Curran

Burnaby

McCarthy TĂŠtrault LLP Vancouver

Jeff Watts

West Vancouver

OCTOBER 2010 / BARTALK 27