BarTalk | September 1992

New challenges face profession, says new B.C. Branch president

NEWSLETTER OF THE CANADIAN BAR ASSOCIATION I would like to take the opporB C BRANCH ' tunity, in this my first message

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to you as president of the British Columbia Branch, to extend sincere thanks to last year's president, Wendy Baker.

Wendy gave generously of her

SEPT. 1992 time, skill, energy and good humour throughout the year, and all of the lawyers in this province have benefitted from her tenure.

Turning to the year to come, I foresee new challenges facing our profession and our organization. Practising law in tough economic times has always presented its own difficulties. As the current recession shows signs of remaining with us

Volume 4 Number 6

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Member profile .................... 2

longer than many had predicted, we will have to anticipate and adapt to change if we are to maintain our credibility as a profession and our economic viability.

Our flagging economy, as epitomized by mounting layoffs and bankrupt and merged companies, will have a growing impact on our practices, not only indirectly through our clients, but on our own balance sheets.

Governments, confronted with these economic conditions, are moving to implement legislation which will affect our practices and our profitability.

The Social Services tax on lawyers' fees is a prime example.

In spite of intensive lobbying efforts by the Canadian Bar Association and others, the cashstrapped provincial govern-

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Rob Gourlay President 1992/93

ment could not be persuaded that this is an unfair and cumbersome tax.

ICBC's recently-announced

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SectionTalk ............... :.......... 3 Legislative Update .............. 5

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Electronic statutes .............. 8 PlainTalk .........;..................... 9 Fax filings ........................... 10 Reports Available ............. 10 New Ombudsman .............. 11 Run for Vogel Cup ............ 11 Kelowna site of B.C. Branch Winter Meeting ............

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The B.C. Branch had the pleasure of hosting the Rt. Han. Lord Geoffrey Lane, the former Lord Chief Justice of England, and Lady Lane in September.

Lord Lane addressed Provincial Council at their meeting on Sept. 19 at which time he spoke on the Common Law and how it is being affected by recent developments in the European Economic Community.

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CBA member making a difference: Lynn McBride Day activities expanded throughout the province to include some 27 different locations making British Columbia one of the most active proponents of Law Day activities in Canada.

"Lynn McBride has certainly set a high standard for Law Day activities," says Robert Smethurst, Q.C., Executive Director of the B.C. Branch. "And we look forward to continued success building on the excellent framework she has provided for our 1992/ 93 Committee to be chaired by Debra Hanuse of Davis and Company."

McBride has been a member of the Law Week Planning Committee since 1990 and chaired the Committee in 1991 / 92.

Through her stewardship, Law

McBride is with the firm of Harper Grey Easton and practices primarily in the areas of insurance litigation, medical malpractice and family law.

She was called to the Bar in 1990. She is also a member of the Vancouver Bar Association and the Medical-Legal Society of British Columbia. She graduated from UBC with a B.A. in 1985 with a major in linguistics and with a LL.B. in 1988. She was Associate Editor of the UBC Law Review in 1987/ 88.0

Members making a difference: you can assist in selection!

We want you to help us identify the "unsung heroes" of the profession who we can profile in this column. If you know of a CBA member making a difference through volunteer work to the profession or to the community, let us know.

Call or FAX Larry Hnetka, Assistant Director (Communications), at the B.C. Branch office with your suggestions.

B.C. Branch tel: 687-3404 and FAX: 669-9601

- - - - - • Did you know? - - - - - • The mostcomprehensi ve and upto-date directory of B.C. lawyers and their telephone and FAX numbers is published annually by the CBA (B.C. Branch) Member Services Committee.

Additional sources of information include contact information

for courts, court services, B.C. Government (including authorities, registries, crown counsel), law-related groups, and other professions. The 1993 Edition will berollingoffthepressessoon.

Order copies for your office by calling the B.C. Branch 687-3404.

President's Message (continued from page 1) cost-cutting initiatives are another example. We are told by ICBC that the insurance company is facing a loss of at least $150 million this year. ICBC is looking for internal and legislative means to save money within the present tort system. If this is not successful, the public and lawyers will be facing more drastic changes towards some version of no-fault system.

Legal Aid is another area where government will be looking for ways to cut costs. The Agg report proposes that the criminal tari(f be cut by 10 per cent and that within three years, 40 to 50 per cent of all cases be handled by staff lawyers.

One thing is clear: change is upon us. We cannot afford to ignore it and neither can we afford to wait for it to happen before we take action. We need to take the lead in anticipating the needs of the future and respond creatively by proposing solutions.

CBA Sections have well-established reputations for providing government with constructive responses to legislative proposals. Our Fair Auto Insurance Committee is preparing to respond to ICBC's most recent proposals and to develop further suggestions for the reform of the insurance system. The CBA has launched a constitu-

tional challenge to the Social Services tax on legal services and the case is scheduled to be heard in Supreme Court October 19.

The CBA is the place where we can come together as a profession, pool our collective insights, experience and wisdom and provide the leadership that is needed in tough and changing times. I welcome your participation in these efforts during the coming year.

Rob Gourlay President 1992/93 B.C. Branch, Canadian Bar Association.

address some of the concerns raised about the development.

Following that process, without any further public hearing, the bylaw was given fourth reading and adoption.

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Shelley Bentley

Rules regarding public hearings before municipal bodies changed by BCCA John Dives of Bull, Housser and Tupper, commented on the case of jones et al v. Delta et al, Vancouver Reg. No CA013550, June 16, 1992, during a recent Municipal Law Section meeting.

The facts of the case were that a developer during a golf course development on wet lands in the District of Delta had applied for rezoning certain lands.

At the public hearing, opponents of the proposed development turned up to argue against it. The rezoning proposal concurred with the Delta community plan and following the public hearing third reading was given to the rezoning bylaw, zoning the lands for golf course purposes.

After the public hearing and third reading, there ensued 13 to 18 months of negotiations between Delta and the developer regarding ways in which the proposal could be altered to mitigate the environmental impact. Changes to the proposal included provision for irrigation works, the earmarking of $500,000 for an environmental trust, alterations to the design of the golf course and restrictive covenants put in place to

The bylaw was challenged on the basis that because of the negotiations between the Municipality and developer after the public hearing there should have been a new public hearing to address new information in accordance with the long line of cases in B.C., exemplified by decision such as RE Bourque.

The Chambers Judge quashed the bylaw.

The BCCA allowed the appeal on the basis that third reading of the Bylaw amounted to a "passage in principle" and that once the Bylaw had passed third reading, and satisfied the quasi-judicial process of providing the public with a reasonable opportunity to be heard on the issue, it was open to Council to embark on its legislative and political mandate and extract concessions from the developer. The Court of Appeal found that it was acceptable for the Municipality to use the club of passing or not passing the Bylaw as a means to extract such concessions.

Dives commented that the decision gives Councils a great deal more leeway in dealing with matters that have gone to public hearing than they had under the previous case law. The previous case law was quite consistent in its insistence that new information or representations by the developer give rise to a new right of public hearings.

The BCCA appears to have stated that as long as there is no issue which arises after third reading to take back to a public hearing, the process followed

by Delta will be acceptable.

The Court did not however say 路 that Council can do anything it likes after third reading is given. Dives suggested that the outcome of the decision might have been different if the opponents of the proposal had been neighbours of the land in question. The neighbours, whose lands would have been affected by the development, would have had a stronger argument that no alterations to the original proposal should have been made and agreed to by Council without their opportunity for review and comment on the specific changes.

Another important fact which, in the opinion of Dives, helped to sway the Court was that it had been made clear in the planning report that the process to address environmental concerns would have to follow third reading of the bylaw.

Therefore, it had been known at the outset that Council and the developer would embark on some sort of process of mitigating the environmental impact.

On the nature of public hearing, Madam Justice Sou thin stated that it was not a debating process but rather an opportunity for members of the public to state their views. If new facts are not going to change the views of the members of the public, then there is no automatic obligation to hold a new public hearing to present that information.

Dives suggested that where opposition to the application was site specific and where opponents of the development were opposed to the particular development or particular building to be constructed and were not given an opportunity torespond to that particular development or building then there might be an obligation to take the matter back to public hear-

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SectionTalk (continued) ing. Dives also thought that the courts would look to the merits of the arguments that were not or could not have been made because the information was not available at the time of the public hearing. If there is a reasonable possibility that someone's mind would have been changed by the new information, then the obligation to remit the matter to public hearing would arise.

Health Ministry official outlines plans for legislative reform of health care system Dr. Gary Curtis, executive director, Policy Planning and Legislation, B.C. Ministry of Health, attended a recent Health Law Section Meeting to explain some of the major problems in the health care system and future plans for a solution.

Dr. Curtis stated that we have one of the best health care systems in the world although we spend more on health care than anywhere else in the world except the United States. However, the national debt and economic reality raised key issues about the affordability of the present system.

There are a number of reasons other than the poor state of the economy which are contributing to the crisis facing health care. A review of utilization growth shows an increase in. per capita use annually, particularly among the elde~ly. _New diseases are also contributing to costs, AIDS being the most visible example. Finally there is a tremendous pressure to expand the horizons of health care with the concept of health envisioning everything from hospitalization to housing and environmental quality.

Possible solutions to these problems lie in at least three areas: effectiveness, accountability and accessibility.

Effectiveness is tied in with affordability because it is recognized that 30 per cent of the services presently provided are ineffective.

Accountability of regions, hospitals and all involved in .t?e system is key to affordabthty.

Accountability involves consideration of consumer satisfaction, involvement of the patient and patient rights. For example, it has been shown that the more information that is provided to patients concerning therapy, the less likely will they end up choosing to undergo the therapy. Other factors contribute greatly to health including housing, income and work location. The decision as to whether we are putting our money in the. right places must be made with local involvement.

We have too many physicians and have placed limits on the ability of alternate caregivers who can provide less costly services in most cases. Consideration of these issues involves participatory management. TJ:le care-givers should have a say m the management of their own system.

Accessibility is the third important factor. The "Closer to Home Study'' indicates there should be more access and a shift from acute care to community care.

Curtis explained that the above concerns will be reflected in legislation that is anticipated in the future. This includes: 1. Medical and health care services legislation.

This will introduce quality assurance measures and cost control by a global medical budget.

The concept of co-management

of medical services has been introduced if doctors are prepared to go for it.

2. Tobacco Products Act. A preventative focus will be taken to prevent the most preventable cause of death.

3. Mental Health Legislation.

This will reflect a better balance of rights and will include a shift of services away from institutions to community care.

4. The Health Act. This is an ancient and messy act which is being revised. Therevision is being held up because the government has been unable to decide on regional management and effective use of boards of health. There will be some form of regionalization of the health structure.

5. Legislation regulating the professions.

Matters relating to the scope of practice and the effect of limiting others entering the field has to be considered. Effectiveness in terms of continuing education and competency testing is also important.

6. Hospital Acts.

Amendments will be made to the legislation dealing with hospitals to introduce concepts of accountability, effective management and alternate funding ideas. []

Did you know?

Lawyerhourlyratesand support staff compensation surveys are available to help you with your annual compensation planning.

These surveys are a joint project of the CBA (B.C. Branch) Member Services and the Vancouver Association of Legal Administrators. Survey forms are being ~~t now to law firms. If you partiCIpate, you can take advantage of considerable savings when reports are available in Nov. 1992.

You will see a reference to the number of the Bill (First Reading Bill Number) when it was introduced into 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 First Reading Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library.

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.

Ann McLean

ACTS IN FORCE Assessment and Property Tax Reform Act, 1992, S.B.C. 1992, c.70, First Reading Bill Number 66, amends the

(a) Assessment Act, R.S.B.C. 1979, c.21, providing for annual property assessments, with assessment notices to be issued at the end of each calendar year and changing some of the review and appeal provisions of the Act, (b) Municipal Act, R.S.B.C. 1979, c.290, and the Vancouver Charter, S.B.C. 1953, c.55, repealing the authority of local governments to impose separate tax rates on residential land and improvements and for residential flat rate tax by-laws and allowing local government the power to average assessments over three years or to use a formula for phasing in assessment changes, and (c) School Act, S.B.C. 1989, c.61, changing the date for holding a referendum to raise money and the deadline for adoption of a budget. in force July 31, 1992

Miscellaneous Registrations Act, 1992, S.B.C. 1992, c.16, First Reading Bill Number 41, provides for registration, in the personal property registry established under the Personal Property Security Act, of prescribed claims against personal property. Registration does not affect the priority of an interest in personal property unless another enactment of British Columbia or Canada provides otherwise. in force August 4, 1992

Employee Investment Amendment Act, 1992, S.B.C. 1992, c.36, First Reading Bill Number 36, amends the Employee Investment Act, S.B.C. 1989, c.24, providing for "hardship dispositions" that are exempt from the requirement to repay an is-

sued tax credit and that are eligible for priority redemption, adding provisions relating to ownership of shares by a trust, making other minor and clarifying amendments and making a consequential amendment to the Company Act. Act, except section 1(c), in force August 21,1992

Social Services Statutes Amendment Act, 1992, S.B.C. 1992, c.53, First Reading Bill Number40, amends the Social Workers Act, R.S.B.C. 1979, c.389, providing for the use of hearing panels as an alternate to the board of registration in disciplinary proceedings and expanding the range of actions which may be taken in such proceedings, and limiting the civil liability of a social worker acting in good faith, but retaining the vicarious liability of the Crown. sections 3 - 6 of the Act in force August 21, 1992

Forest Amendment Act (No.2), 1992, S.B.C. 1992, c.73, First Reading Bill Number 78, amends the Forest Act, R.S.B.C. 1979, c.140, adding a new Part 15, "Study Areas", which allows the Lieutenant Governor in Council to specify an area of Crown land as a study area until, at the latest, January 1, 2001 and allows the variation or suspension of rights to harvest timber and conduct associated activities in a study area. in force August 21, 1992

Miscellaneous Statutes Amendment Act, 1992, S.B.C. 1992, c.77, First Reading Bill Number 81, amends inter alia the Ministry of Forests Act, R.S.B.C. 1979, c.272, allowing the minister to acquire land and to dispose of interests or rights other than the fee simple in certain circumstances. section 6 of the Act in force August 21, 1992

Taxation Statutes Amendment Act, 1992, S.B.C. 1992, c.68, First Reading Bill Number 69, amends inter alia the School Act, S.B.C. 1989, c.61, to permit adjustments to school taxes resulting from assess-

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Legislative Update (continued) ment changes, to allow for interest arid penalties on municipalities who fail to remit school taxes when due and to permit inspections of municipal records to ensure compliance. sections 8- 10 of the Act in force August 31, 1992

Private Post-Secondary Education Act, S.B.C. 1990, c.64, provides for the application and annual registration (not accreditation) of private postsecondary institutions with the Private Post-Secondary Education Commission and continuing examination and investigation of such institutions by the Commission and makes consequential amendments to the Apprenticeship Act and the Bonding Act. sections 3.1 - 7, 8(1) and (3), 9, 10, 19, 21 - 24, 26 - 34, 35 except 35(2)(/) and 36 - 45 in force September 1, 1992

Petroleum and Natural Gas Amendment Act, 1992, S.B.C. 1992, c.20, First Reading Bill Number 39, amends the Petroleum and Natural Gas Act, R.S.B.C. 1979, c.323, adding provisions relating to interest on royalty overpayments and unpaid royalties and permitting regulations or orders dealing with operation or abandonment of a well.

(b) s.2(2), clarifying that the Land Title Act applies where a security or instrument is registered or application for registration under it is made and deletes the requirement that the relevant obligation be secured by an interest in land, (c) s.10, expanding the terms that can be used to describe collateral, (d) s.40, providing that certain postpone. ments and subordination agreements do not create a security interest, retroactive to October 1, 1990, (e) s.41(5), providing that if the rights of an assignor of chattel paper or an intangible are modified or substituted in accordance with s.41(3), the assignee's rights change in the same way, (f) s.44(3), providing for amendment to an invalid registration,

(g) s.49(2) and (7), allowing the agent of a secured party to sign a notice of a security interest and a cancellation of a notice, and

in force September 1, 1992

Solicitor General Statutes Amendment Act, 1990, S.B.C. 1990, c.71 and Motor Vehicle Amendment Act, 1992, S.B.C. 1992, c.65, First Reading Bill Number 70, amend the Motor Vehicle Act, R.S.B.C. 1979, c. 288, providing for a motor vehicle emissions testing and certification program. section 5 of the Solicitor General Statutes Amendment Act, 1990, except that part which enacts section 45.1 and 45.3(1) of the Motor Vehicle Act, in force September 1,1992 and that part of section 5 which enacts section 45.1 of the Motor Vehicle Act in force October 1, 1992; sections 2 and 3 of the Motor Vehicle Amendment Act, 1992, in force September 1, 1992

Marriage Amendment Act, 1992, S.B.C. 1992, c.12, First Reading Bill Number 26, amends the Marriage Act, R.S.B.C. 1979, c.251, replacing references to ministers and clergymen by references to religious representatives and validating marriages where the religious representative performs all statutory duties other than solemnizing the marriage. in force September 3, 1992

Personal Property Security Amendment Act, 1992, S.B.C. 1992, c.48, First Reading Bill Number 57, amends the Personal Property Security Act, S.B.C. 1989, c.36, inter alia as to (a) s.1, clarifying that a "financing statement" includes a printed financing statement (transition),

(h) s.72, clarifying which documents may be served. in force September 11, 1992

Revenue Statutes Amendment Act, 1992, S.B.C. 1992, c.66, First Reading Bill Number 73, amends the (a) Liquor Distribution Act, R.S.B.C. 1979, c.238, providing for the import by individuals of liquor into British Columbia from outside Canada for individual consumption or a gift, subject to the payment of a levy, to be collected by federal government customs agents on behalf of the Liquor Distribution Branch in accordance with a federal/provincial agreement, and (b) Tobacco Tax Act, R.S.B.C. 1979, c.404, requiring that an individual importing tobacco . into British Columbia from outside Canada for his own use or as a gift provide information to a federal customs officer and pay the applicable tax. In accordance with a federal/ provincial agreement, a customs official may detain tobacco if the tax is not paid. Other imports of tobacco must be reported to the director and the appropriate tax paid. in force September 11, 1992

Miscellaneous Statutes Amendment Act, 1992, S.B.C. 1992, c.77, First Reading Bill Number 81, amends inter alia the Manufactured Home Act,

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Legislative Update (continued) R.S.B.C. 1979, c.281, providing that in certain circumstances a manufactured home in a manufactured home park is not a fixture unless there is a written agreement to the contrary among all specified interest holders, filed in the manufactured home registry. section 5 of the Act in force September 11, 1992

Attorney General Statutes Amendment Act (No.2), 1992, S.B.C. 1992, c.32, First Reading Bill Number 58, amends inter alia the Family Relations Act, R.S.B.C. 1979, c.121, as to s.70.1, clarifying that a court is designated as the registration court for varying as well as enforcing maintenance orders made in reciprocating states, and allowing a claimant or respondent who has become a resident of a reciprocating state to register an order made in British Columbia, and as to s.70.31(6), allowing a court to make a provisional order varying or rescinding a registered order. sections 6 and 7 of the Act in force September 15, 1992

Solicitor General Statutes Amendment Act, 1990, S.B.C. 1990, c.71, amends the Transport of Dangerous Goods Act, S.B.C. 1985, c.17, to allow the minister to designate classes of persons to act as analysts or dangerous goods inspectors.

1970, c.55, allowing for fund raising activities and clarifying the definition of a quorum of the board.

Act, except sec.tion 3, i1t force September 18, 1992

Motor Vehicle Amendment Act, 1992, S.B.C. 1992, c.65, First Reading Bill Number 70, amends the Motor Vehicle Act, R.S.B.C. 1979, c.288, providing for the appointment of Motor Vehicle Branch enforcement staff and making consequential amendments to the Commercial Transport Act. section 6(d), 8 and 10 of the Act i1t force September 18, 1992

Guaranteed Available Income for Need Amendment Act, 1992, S.B.C. 1992, c.41, First Reading Bill Number 68, amends the Guaranteed Available Income for Need Act, R.S.B.C. 1979, c.158, replacing the requirement that a person who receives income assistance transfer to the Crown his or her maintenance rights or maintenance order under the Divorce Act, with an option to do so.

Consequential amendments are made to the Family Maintenance Enforcement Act. The result is that those receiving income assistance may pursue maintenance orders through the Family Maintenance Enforcement Program or independently through the courts.

section 15 and 16 of the Act in force September 18, 1992

sections 3 - 12 of the Act in force October 15, 1992

Ministry of Municipal Affairs, Recreation and Housing Statutes Amendment Act, 1992, S.B.C. 1992, c.15, First Reading Bill Number 20, amends the Municipalities Enabling and Validating Act (No .

2), S.B.C. 1990, c.61, authorizing the Councils of the Districts of Elkford and Sparwood to postpone tax sales of Westar Mining Ltd. property.

Ombudsman Act, R.S.B.C. 1979, c.306 is amended to extend the authority of the Ombudsman to schools and boards as defined in the School Act.

that part of section 2 of the Act which enacts section 11(4) a1td (5) of the Municipalities Enabling and Validating Act (No.2) in force September 18, 1992

Health Statutes Amendment Act (No. 2), 1992, S.B.C. 1992, c.63, First Reading Bill Number 62, amends the (a) Health Act, R.S.B.C. 1979, c.161, establishing the health status registry, specifying its role and providing for a level of confidentiality, and deleting requirements for cabinet approval of various appointments and salaries of health officials, (b) Hospital District Act, R.S.B.C. 1979, c.178, providing that the officers and directors of regional hospital district boards correspond to those of the applicable regional district, and providing for other operational matters relating to regional hospital district boards, and (c) Vancouver General Hospital Act, S.B.C.

section 7 of the Schedule i1t force November 1, 1992

Financial Institutions Statutes Amendment Act, 1992, S.B.C. 1992, c.59, First Reading Bill Number 65, amends the Company Act, R.S.B.C. 1979, c.59, as to s.322, to provide that an extraprovincial society that is deemed to have a business authorization or is ordered to apply for a business authorization under s. 190 or 192(2) of the Financial Institutions Act, is subject to the provisions of Part 10 of the Company Act which apply to extraprovincial corporations. section 51 of the Act in force February 1, 1993

REGULATIONS TO NOTE Corporation Capital Tax Act, B.C. Reg 308/92, the Corporation Capital Tax Regulation and B.C. Reg 346/92 are made, setting the tax schedules which must be attached to a return, providing rules for the allocation of the use of taxable paidup capital and attribution of gross revenue in various inter-jurisdictional situations and prescribing certain tourism activities, and B.C. Reg

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Legislative Update (continued) 179/73, the Corporation Capital Tax Regulations is repealed. effective Apri 11, 1992

Social Service Tax Act, B.C. Reg 84/58, the Social Service Tax Act Regulations is amended to exempt from the requirement to pay tax legal services provided to a firm by a lawyer or notary employed exclusively by the firm under a contract for services or as an associate counsel if the purchase price is recovered directly by the firm from its client.

Waste Management Act, B.C. Reg 304/87, the Waste Management Permit Fees Regulation is repealed and B.C. Reg 299/92, the Waste Management Permit Fees Regulation is made, introducing an annual fee for waste management permits including both a small fixed fee for administration and a variable fee based on the type and amount of waste discharged. An increase in the fees will take effect September 1, 1993. effective September 1, 1992

B.C. Rt!g 334/92 effective Ju"e 1, 1992

Queen's Printer introduces electronic versions of statutes and bills of communications software. The current annual cost of subscribing is $125.00. Those who are interested may test the Legislative Conference free during the remainder of the current session when (and if) the house reconvenes.

Computer access to the Revised Statutes of British Columbia, recently introduced bills and other legislative information is now available from the Queen's Printer. The consolidated Revised Statutes of British Columbia, based on the looseleaf version current to November 8, 1991, and all of the third reading bills enacted in the Spring 1992 Session, are available on floppy discs for use on IBM compatible personal computers. The cost is currently $200 plus tax and delivery charges, and a discounted rate is available for multi-user applications. It is anticipated that new diskettes will be issued annually at approximately the same cost. The program is very easily installed onto a computer's hard disk drive, provided it has at least 10 megabytes of available space. The statutes and bills are key-word searchable and portions may be extracted and printed or moved into a word processing program. The program is easy to use and a manual is provided. The information will also soon be available on CD-ROM for a similar cost, and it too will be updated annually, however this format will be cumulative to provide a historical reference.

These services, the first of their kind in Canada, were developed by a co-operative venture among the Law Clerk of the Legislature, Legislative Counsel and the Queen's Printer (Ministry of Government Services). They are intended to provide a cost-effective source of information, with a minimum of adornment. The Queen's Printer systems representatives are very knowledgeable and helpful and welcome inquiries and suggestions for improvement. For more information, please contact Queen's Printer representatives Ken O'Connor, Systems Manager, or Ron Green, Assistant Systems Manager (387-6556), or Ian Coates, Director of Printing Services (387-6691).

The Queen's Printer also has available an on-line service called the "Legislative Conference" which provides access to new bills being introduced in the provincial legislature. It covers all government, private and members' bills, in first reading, amended and third reading forms. It also provides information on the progress of bills through the legislature, Amendments before the House and full text of the Votes and Proceedings and Orders of the Day. Information is updated at least daily. The service contains a table of proclamations and regulations which have been passed, updated on a weekly basis. This on-line service provides information which updates the discbased statutes service. Files including copies of bills, are readable on-line and are downloadable, and the system is accessible using a wide variety

Custom reports now can be designed from the Authority's database to meet unique business, academic and civic needs specified by customers providing a cost-effective alternative to the current practice of assembling data from many sources.

New service provides cost-effective assembly of data A new service to provide real estate information is now available through the B.C. Assessment Authority. The Authority maintains the province's most extensive and up-to-date computer property database-information on over 1.4 million properties.

For a fee, the Authority now provides private sector clients with non-confidential information from its database. For each inquiry, the customer receives a written cost estimate for developing a new program or customizing an existing one.

Please turn to page 10

Dear Subscr; .

readers understand who does what to whom. The doer per-

pllon Manager:

'

Family Ptactk Please send us a e Manual and amendm Manual and a COpy of the Fam;1 Pt .•nts eoclooed) rnendments (chequ acoce WouJ · e,~$195. 00 d You also a questions f~ us: Oswer the follow;og

forms an action on something.

!

"The defendant has sold the car."

Passive voice sentences, on the other hand, put the who (the doer) at the end of the sentence, or leave the who out altogether making the sentence ambiguous.

1. Does the $15 00 reneWal . . arneodrneors fo 2. WU IS 001 due Uotil Se ee rneao our su~~';:ify us IIIlouaJJ::~~r, 1991?

PaYments?

"The car has been sold."

Uncover hidden verbs Often the real action in a sentence is hidden in a noun.

Your letters form the foundation of your practice. You demand payment, negotiate agreements, and inform clients of developments by writing letterS. Your letters also influence how people think of you. To strengthen your letters -and create a good impression- consider these tips for writing more clearly.

Write for your reader To begin with, ask yourself who is your reader? Consider his or her reading level (think about the newspapers he or she might read) and write for that person.

Address your reader by name: "Dear Mrs. Jones", not "Dear Sirs".

Trim unnecessary words You don't need to write: "With respect to the matter mentioned herein, enclosed please find copies of documentation relating to the aforesaid vehicular collision. "

Say what you have to say in common, everyday words; avoid legalese.

"Here are the documents about the car accident."

Shorten sentences to one idea Readers may have to reread this "Mr. Fry gave a description of the sentence several times in short physical condition of the car." segments to understand it: Put a strong verb early on in the "The next step in the litigation sentence where readers expect process, once we receive the List of to find the action.

Documents from opposing counsel, will be to set the matter down for discovery wherein we may examine under oath representatives of both Acme Ltd. and Beta Company."

Keep most of your sentences around 20 words long; put only one idea in each sentence.

"Once the other lawyers send us the List of Documents, we will schedule an Examination for Discovery. At the Examination, we will question under oath representatives from both Acme Ltd. and Beta Company."

Use active voice Active voice sentences help

"Mr. Fry described the physical condition of the car."

Be personal and direct You distance yourself from your reader when you close a letter with: "Should you have any questions regarding the foregoing, please do not hesitate to contact the writer."

You can adopt a personal and friendly tone and still be professional.

"Please call me questions."

if you have any

Readers' Corner Mr. Justice Shaw, Master Kirkpatrick, Grant Burnyeat and Patrick Guy helped us rewrite nine foreclosure precedents. Here is a sample clause:

Before

After

THE APPLICATION of the Petitioner coming on for hearing on this day at Vancouver, British Columbia, and on hearing Andrew Jonas, counsel for the Petitioner, and on reading the material filed:

THE LENDER APPLIED TO TillS COURT at Vancouver, British Columbia, on September 1st, 1992, for an Order about the Property at 6 Green Street, Vancouver, British Columbia.

TillS COURT HEARD Andrew Jonas, lawyer for the Lender, and read the filed material.

Do you have a writing challenge for us? Fax the CLEPlain Language Project at688-2566.

PlainTalk is jointly sponsored by the CLE Plain Language Project and The Plain Language Institute of B.C. The Project teaches B.C. lawyers plain language writing skills and converts legal precedents to plain language. The Institute promotes plain language in the broader context of government, business and the legal community. It also funds this column.

10

Update on fax filing As of March 2, 1992, Supreme Court Rule 14(1) was amended to permit the filing of an appearance by fax.

This amendment was the result of a careful review of issues surrounding the fax filing of court documents by the Supreme Court Rules Committee and the Court Services Branch.

The evaluation of fax filing pilot project in the Vancouver Court of Appeal indicated that the Bar was interested in expanding the use of fax filing to other court registries.

The collection of filing fees is the main obstacle regarding fax filing of court documents. Unlike other court documents, there is no filing fee associated with filing appearances.

A recent study undertaken by Court Services has indicated that contrary to expectations, only one per cent of appearances are being filed by fax.

It may be that many law firms use agents and couriers for filing other documents and it is easier to file all documents in the same manner.

Another reason may be a preference by law firms to have a registry stamped copy of the appearance as proof of filing.

Rule 14 does not, however, require a registry stamped copy of the appearance for service. It should be noted that fax rnachines produce a transmission report when a fax has been successfully transmitted.

I would be interested in hearing from members of the Bar on registry procedures for fax filing. Please address your comments to:

Ms. Marg Sorensen, Senior Policy and Program Analyst, Policy, Planning and Evaluation, Court Services Branch, 6th Floor, 850 Burdett Ave., Victoria, B.C. V8W1B4. C

National gender equality task force accepts donations The Canadian Bar Foundation has set up a special account to receive funds for the work of the Gender Equality Task Force. Should lawyers, law firms, corporations or others wish to make a contribution to the fund, please make your cheque payable to the Canadian Bar Foundation, 902-50 O'Connor St., Ottawa, Ontario KIP 6L2. The words "Gender Equality'' should appear on the cheque to ensure proper allocation. All donations are tax deductible and receipts will be issued for each donation. C

REPORTS AVAILABLE The Legislation and Law Reform Committee has received a copy ofthe following reports from the B.C. government. Information may be obtained from the noted source or from Ann McLean, B.C. Branch Legislation and Law Reform Officer, in Victoria (370-2234).

Report

Source

Land Use Strategy for British Columbia

Commission on Resources and Environment (387-1210)

The Application and Effectiveness of the Coastal Fisheries Forestry Guidelines in Selected Cut Blocks on Vancouver Island

Ministry of Forests Public Affairs (387-5255) and Integrated Resources Branch (387-6656)

Reforming Environmental Assessment in B.C.: A Report on the Consultation Process

Ministry of Environment, Lands and Parks (1-800-665-7120; in Victoria -387-4591)

Extending Freedom of Information and Privacy Rights in British Columbia

Information and Privacy Branch (Phone: 387-1992; Fax:387-1358)

Local Government Elections Legislation

Ministry of Municipal Affairs, Recreation and Housing- Policy and Research Branch (387-4050)

Providing the Framework: A Forest Practices Code

Ministry of Forests - Public Affairs (387-5255)

Available for viewing at Forest Views on the Establishment of Service's offices Timber and Log Markets in British Columbia, Concluding Comments and background papers

Access to Adoption Records

Property database

Ministry of Social ServicesAdoption Office (387-7072) C

(continued trom page B) 路

The cost varies depending upon the complexity of the report.

Reports often include sales data by building type, for commercial or residential properties. Or, they can include such things as the number of properties in a municipality by type, actual value range, or by physical characteristics such as the number of bedroom~ or number of properties with basement suites. Reports include aggregate data, not specific information on individual properties.

Contact Peter Barber at the B.C. Assessment Authority at 1-800-6612222 within B.C., or in Victoria 595-6211 for further information. C

11

Ombudsman's office takes on greater role behalf of the Canadian Disability Rights Council in constitutional challenges in the Supreme Court of Canada.

Dulcie McCallum, Ombudsman for B.C. Dulcie McCallum was appointed Ombudsman for the Province of British Columbia on August 4 of this year and is the first woman Ombudsman for the Province.

Over the next two years, the Office of the Ombudsman will receive .increased jurisdiction to cover government corporations, boards and agencies; municipalities and regional districts' and schools, colleges and universities; and self-regulating organizations.

McCallum began her working career as a public health nurse, working with inmates in the B.C. penitentiary and the Haida in the Queen Charlotte Islands.

A desire to improve circumstances for disadvantaged people prompted her to study law at the University of Victoria.

Following graduation she articled, then worked in association with the Honourable Mr. Justice David Vickers and His Honour Tony Palmer.

She left Vickers and Palmer on leave to work on behalf of people with disabilities with the Canadian Association for Community Living, an organization devoted to the integration of people with developmental disabilities. During this period, she did considerable legal research and writing and acted on

The expanqed role of the Ombudsman office ''The role of the Ombudsman's office will be to emphasize communication, consultation, and monitoring of complaints as well as identifying any systematic problems and to encourage a fair and effective complaint handling process within the new authorities," states a Sept.

14, 1992 media release issued by the Ministry of the Attorney General. The media release notes that the new jurisdiction will be phased in over a two

year period to allow the Office of the Ombudsman and affected agencies to consult and prepare for the changes. Through its expanded role, the Office of the Ombudsman will work to develop an awareness of the principles of administrative fairness, assist authorities to develop and maintain fair, and effective internal complaint mechanisms, and develop internal protocols for dealing with complaints.

Schools and school boards will be the first group to come under the Ombudsman's expanded jurisdiction with colleges and universities, hospitals and provincial corporations to follow in the spring. []

Vogel Cup seeks teams of runners On Sunday, October 11, 1992, an 8K race was run in conjunction with the Royal Victoria marathon for teams competing for the Vogel Cup. The Cup, as can be seen in the photo, has taken its place along side the Stanley Cup as one of Canada's most sought after sports trophies. Dona ted by former Deputy Attorney General, R.H. (Dick) Vogel, Q.C. (and former president of the B.C. Branch of the CBA in 1973/74), the Cup bares the Latin motto quod cito fit, cito perit and is intended "to promote running by the Ministry, the Bar and Faculties of Law." The Ministry referred to is not the clergy but the Attorney General's Ministry.

Almost any team has a shot at winning this Cup as is evidenced by the fact that in the initial two runnings, the Ministry of the Attorney General and the University of Victoria Law School each won.

The winning team is that which has the lowest aggregate difference between the times run by

Deputy AG Bob Edwa~ds proudly displays the Vogel Cup whrch has taken its place beside the Stanley Cup!

its six best runners and the race winners in the age and sex categories of those runners. Any teams interested in running for the Cup or in the Times-Colonist lOK run to be held in April1993, should send the names, ages and genders of their members to the race organizer:

Bill Pike, Legal Services Branch, Ministry of the Attorney General, 609 Broughton St, Victoria, B.C. VBV 1Z4.

[]

12

B.C. Branch holds Mid-Winter Convention in Kelowna

Meeting. Write to Robert Smethurst, B.C. Branch Executive Director to indicate your interest in alternate voting status.

B.C. Branch Winter Convention chair Kerry-Lynne Ferris announced that March 25 to 28, 1993 will be the dates for the Winter Convention to be held at the new Grand Okanagan Resort Hotel in Kelowna. Ferris requires volunteers from both Vancouver and the Okanagan area to assist in planning and implementing the substantive and social programs. Call Kerry Ferris at Ray Connell 6841181 to get involved. []

A new feature of the National Mid-Winter Meeting will be a business development opportunity whereby all delegates will be asked to supply an original business card. A listing of all registrants with their business cards and a personal profile will be sent to all registrants at least two weeks before the Conference.

National Mid-Winter Meeting in Florida open to CBA members The February 19 to 22 National CBA Mid-Winter Meeting will be held in Orlando, Florida and will be a joint conference with the International Law Section of the Florida Bar. The CLE program is being coordinated jointly with the Florida Bar and will be available to members of the CBA National Council and also on a firstcome, first-serve basis to any member of the CBA. As in the past, B.C. members can request to serve as alternate voting delegates in place of B.C. Branch Provincial Council members who are not able to attend the National Mid-Winter

Detailed information regarding the conference can be obtained by contacting the National CBA office at (613) 237-2925. []

Transcanal cruise early booking deadline near Sail aboard the Royal Princess on a sun-splashed holiday departing January 16 or January 26, 1993.

The early booking discount deadline is October 26, 1992 and provides you with a $1,500 per couple savings. As well, you will receive a $100 per person shipboard credit, 10 per cent discount on all pre and post-cruise hotel packages, and cabin upgrades worth as much as $200.

Call 1-800-322-6677 to book your place now. This program is endorsed by the B.C. Branch Member Seroices Committee. []

BENCHC~AQ I ~INNE~ ~ November 19, 1992 Law Courts Inn, Vancouver Mark your calendar to attend.

The B.C. Branch first annual Distinguished Service Award will be presented.

Young Lawyers (Vancouver) Section forms Provincial Council approved formation of the Young Lawyers (Vancouver) Section at its September 19 meeting. Topics under consideration by the new Section include avoiding liability for negligence through the wise use of computers, options for practice, sources of financial aid for beginning a sole practice, funding and keeping new clients, professional liability, and choosing software.

A Section registration form is included with this issue of BarTalk for those members interested in receiving notices and minutes of these meetings. []

Dates to note October 24, 1992 Local and County Bar Presidents Meeting Four Seasons, Vancouver November 19,1992 Bench and Bar Dinner Law Courts Inn, Vancouver December 5, 1992 Provincial Council Meeting Four Seasons, Vancouver February 19 to 22, 1993 National Mid-Winter Meeting Orlando, Florida 1-800-267-8860 March 25 to 28, 1993 B.C. Branch Mid-Winter Convention Kelowna BarTalk is published by the British Columbia Branch of the Canadian Bar Association, 504-1148 Hornby Street, Vancouver, B.C. V6Z 2C3 Telephone: (604) 687-3404 FAX: 669-9601 Legislation and Law Reform Officer: (Victoria) 370-2234 Alistair Eagle Photography (688-8867) is the CBA (B.C. Branch) official photographer. ŠCopyright the British Columbia Branch of the Canadian Bar Association-1992.