bartalk | april 2005

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APRIL 2005 VOLUME 17, NUMBER 2

SST Declared Unconstitutional in Part Appeal and cross -appeal both filed

I n a decision that adds to the momentum of the CBA's campaign to remove the Social Services Tax (SST) on legal fees, Koenigsberg, J. released a landmark decision in Christie v. AG of B.C. In

this case, counsel Darrell Roberts, Q.C. and Robin Bajer, both of Miller Thomson LLP, successfully argued on behalf of Vancouver lawyer Dugald Christie that the Social Services Tax on legal services impedes and denies justice for low income persons, contrary to the Charter of Rights and Freedoms.

Justice Koenigsberg declared the Social Services Tax Amendment Act ultra vires the Province of British Columbia to the extent that it applies to legal services provided for low income persons, as defined by the income and asset levels that determine eligibility "for the Family Duty Counsel Program of the Legal Services Society .. . as set forth in its policy and procedures manual." She also ordered the return to Mr. Christie of more than $6,000 that was seized by the government when Mr. Christie could not pay the tax owed on services provided to his clients.

In the days following release of the decision, conflicting messages came from the Revenue and Attorney General ministries: on the one hand, lawyers were told they were responsible for ensuring that clients under a certain income threshold were not charged SST; on the other hand, it was unclear whether the Attorney General would appeal the decision and lawyers would be liable for SST on those clients' bills should the appeal be successful.

www.cba.org/bc

Adding to the confusion, the Ministry of Revenue initially posted a website link to a chart showing the income thresholds for legal aid eligibility, which are lower than those referenced in the court decision. The Ministry then removed the link and posted the duty counsel threshold levels that were in place the day of Mr. Christie's affidavit being filed . In the meantime, the Legal Services Society (LSS) had raised those thresholds quite substantially (the lowest level rising from $28,000 to $32,000). Anyone reading the Christie decision and referencing the LSS website for "LSS Family Duty Counsel Income Thresholds" found the new levels.

Clarification has been sought from government, and has recently been provided . Lawyers with clients who may qualify for SST exemption need to educate themselves about the new requirements. Links to Ministry of Revenue information and Law Society instructions to lawyers are available at www.cba.org/bc.

The Attorney General is appealing the Christie decision, and Mr. Christie's counsel has filed a crossappeal to have the Act declared ultra vires and the SST on legal services eliminated. The CBABC has resolved to contribute to appeal costs, as part of the Branch's ongoing commitment to have this arbitrary and harmful tax removed for all British Columbians who have need of legal services. BT

The Canadian Bar Association

British Columbia

UP FRONT

4 From the President

5 Executive Director

6 National News

8 Section Talk by Shelley Bentley

10 Practice Talk by David f. Bilinsky

12 Nothing Official by Tony Wilson

13 On the Web by Patricia Jordan

LEGISLATIVE UPDATE

14 Acts In Force Legislative Update is available to CBA members at www.cba.org/bc.

IN THE BACK

20 Events

24 Bar Moves

25 Member Services

26 Partners B.C. Courthouse Library Society French Jurists Association of B. C. Continuing Legal Education Society of B.C. Law Foundation of B.C.

28 Classified Ads

2 BARTALK April 2005

FEATURED THIS ISSUE

In this issue we turn our focus to the vibrant small centres of B.C. In the Cariboo they are planning another fantastic AGM, in Comox the local bar is dreaming of summer baseball games, and in other cities and towns, local bars are organizing Law Week

celebrations for their communities.

The bar in this province is active from corner to corner and we intend to bring you regional stories in this

and future issues.

15 Big City, Big Deals? by Warren Smith

16 B.C. Voices Island and Interior lawyers consider the

practice of law

GUEST CONTRIBUTORS

18 A Point in the Judicial Direction The process for appointment to the Provincial Court by the Hon. Chief Judge Carol Baird Etlan

19 Court Services Online by the Hon. Geoff Plant, Attorney General

Have you moved? Let us know! If you have changed firms, addresses, e-mail

addresses or phone/fax numbers, please let us

know. E-mail us at [email protected]. phone 604-

687-3404 or fax 604-669-9601 or contact us toll

free [phone 1-888-687-3404, fax 1-877-669-96011.

Canadian Bar Association, B.C. Branch 1Oth Floor, 845 Cambie Street

Vancouver, B.C. V6B 5T3 Tel: 604-687-3404

Toll-free (in B.C.]: 1-888-687-3404

BarTalk is published six times per year

by the Canadian Bar Association, British

Columbia Branch.

BarTalk Senior Editor

Caroline Nevin

604-687-3404, ext. 320

[email protected]

BarTalk Editor

Sandra Webb

604-646-7856

slgwebb@bccba .org

Editorial Board Chair

David Dundee

[email protected]

Ed itorial Board Members

Kenneth Armstrong

Johanne Blenkin

Anna Feglerska

Sarah Klinger

Susan MacFarlane

Christine Mingie

Gurminder Sandhu

Veronica Singer

Dierk Ullrich

©Copyright the British Columbia Branch

of the Canadian Bar Association 2005.

This publication is intended for informa

tion purposes only and the information

herein should not be applied to specific

fact circumstances without the advice of

legal counsel.

The Canadian Bar Association, British

Columbia Branch represents more than

5,400 members within British Columbia

and is dedicated to improving and pro

moting access to justice, reviewing legis

lation, initiating law reform measures

and advancing and improving the admin

istration of justice.

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CAROLINE NEVIN LETTERS TO THE EDITOR

PENGE BUNGALOW SYNDROME (VOL. 17, NO.1) I am a huge Rumpole fan . Now here's my question: in what book does Mortimer actually write about the Penge Bungalow murders?

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

He's always referring to it but I've never read about the actual case. As an aside, in the mid-80s I was on the front cover of Lawyer

Magazine as the gold medalist from University of Manitoba Law School. I remember thinking it was all downhill from there. Not quite true, but I've never been on the cover again.

-Name withheld by request

[Humour columnist Tony Wilson's reply: He mentions Penge Bungalow all the time, but Mortimer has only just written and released

Rumpole and the Penge Bungalow Murders, a prequel, I suppose, to all his other misadventures.]

Win "Miss Saigon" Tickets Enter to win two tickets to "Miss Saigon" at the Stanley Theatre in

Vancouver bye-mailing your name to [email protected] with the subject "Miss Saigon Contest." The contest closes on Friday, May 6. We will

hold a draw shortly thereafter and contact the winner by phone. You must be a CBA member on May 6, 2005 to be eligible to win. [Please allow up to 10 business days for processing membership fees .)

Congratulations to Rowan Davison of Orchard & Company in Duncan , who won two tickets to "The Lawyer Show" on March 12. Mr. Davison guessed closest to the number of CBABC members as of March 1,

2005.

April 2005 BARTALK 3

2

FROM THE PRESIDENT MICHAEL C. WOODWARD

4

SST on Legal Services A leaky boat

I t is difficult to imagine a more fundamental right than "access to justice." If even one citizen is denied access to jus-

tice by the actions of his or her own government, then all citizens have less than justice.

On February 8th, in Christie v.

infringement of access to justice by low income persons.

AG of B.C., 2005 BCSC 122, Koenigsberg J. declared Bill 8, the Social Service Tax Amendment Act (No. 2), S.B.C. c. 24 to be, in part,

unconstitutional, on precisely this ground. She said, "Thus I find the Act infringes the fundamental

Michael C. Woodward

President 2004/2005

The CBABC is pleased with the removal of this impediment to provision of legal services to our lower-income citizens. I want to specifically commend Darrell Roberts, Q .C. and Robin Bajer

who, acting pro bono, successfully represented the Petitioner, noted poverty lawyer Dugald Christie.

Last year the tax collected $100 million from the fee-paying clients of lawyers in this province.

B.C. Branch

Canadian Bar Association

constitutional right of access to justice of low income persons and that the Act is ultra vires to that extent"

(paragraph 88). Noteworthy is that the government did not even

attempt to justify this impairment under section 1 of the Charter. Koenigsberg J. quoted McEachern CJBC in Carten, saying " .. . it is difficult to imagine how a law that impairs access to constitutional rights and remedies could be justified in a free and democratic society," and herself went on to make findings that the Act cannot be characterized as a minimal impairment, and that it cannot be said to pursue an objective that is sufficiently important to justify limiting

the Charter right delineated. The Social Services Tax (SST) on legal services

was introduced in 1992 by the Glen Clark government through Bill 8. The Campbell government did not enact the tax, but instead inherited it. Geoff Plant

Q .C., the very thoughtful and refreshingly forthright Attorney General, is and has remained on record as saying the tax is a bad tax that is both unfair and dis

criminatory. And yet the tax remains. Now, as a result of

Christie, the tax is not only bad, unfair and discriminatory, but also in part unconstitutional, as an

BARTALK April 2005

The tax is in the very centre of the

Branch radar, and commencing two years ago significant budgeting was made for the SST campaign. A task force was established in early 2004, contact is being made with MLA's and candidates, and a coalition of important client representatives is being

assembled at the current time. In the aftermath of Christie, different govern

ment ministries are taking positions on its implementation that are difficult to reconcile (including the position that it is not retroactive, ironically, Bill 8 itself had many retroactive provisions) - these ad hoc and diverse positions make it beyond clear that the tax is a leaky boat. If ever there was a perfect opportunity for a government to use a tax surplus to elim

inate a tax that is hugely unpopular, which is by government's own admission unfair, discriminatory and

bad, and now also unconstitutional in part, that time

1s now. When I became your president last year, I said

the campaign to end the SST on legal services was at the centre of my crosshairs. I am pleased that the campaign is gaining real traction. As members working together, I believe that we will succeed in "show

ing Bill 8 the gate." BT

News From the Branch

I I thought it might be of interest to share how the CBA and the B.C. Branch are faring in terms of member retention. As

of March 15, there were approximately 5,400 CBABC members or about 54 per cent of the membership that we had last year.

You also might be interested to know some comparative geographical information: the percentage renewals of lawyers by county are shown below.

Frank Kraemer

Executive Director

B.C. Branch

FRANK KRAEMER EXECUTIVE DIRECTOR

the Lower Mainland. So, what is CBABC doing in response?

It is clear from these figures that the renewal rates in Cariboo,

Canadian Bar Association

First, the Branch continues to facilitate access to Section meetings by teleconference. For some time now, our Elder Law and Immigration Sections have successfully conducted meetings which members outside of Vancouver have attended by telephone. We will do all that we can to connect groups of lawyers in locations outside Vancouver to meetings in Vancouver or

60% ,.=::; PERCENTAGE

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L:::::::::;il MEMBERSHIP

40%

~ '-- - RENEWALS

BY COUNTY c:::. -

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Nanaimo and Prince Rupert counties are substantially below other B.C. counties.

In speaking with lawyers, particularly in areas outside of the Lower Mainland, many have said that the CBA is an organization that only serves lawyers in the Lower Mainland. I take issue with that statement, particularly in view of work the Branch has done in relation to the image of lawyers, the WCB rates for law firms and the campaign to remove the Social Services Tax on legal fees. These are but a few of the Branch efforts that benefit lawyers and law firms throughout B.C.

Having said that, however, one cannot ignore that that is the perception of many lawyers outside

Victoria. All we ask is that someone take the lead to organize the

group and let us know; we will make the necessary arrangements.

Second, we have started a group of listservs to meet the needs of our members. As I write this col-umn, the Branch has just rolled out a listserv for our Women Lawyers Forum which is proving to be very successful. We will continue to introduce new listservs over the next number of weeks as time permits. If there is a particular practice group that is anxious to get its listserv up and running sooner, please let us know and we will see what we can do about accommodating you.

Third, the Branch continues to support local and county bar activity as part of the Branch's Law Week Program. We provide financial support and assistance for local events. In our experience, such events tend to enhance the image of lawyers within their communities. If you would like to organize a Law Week activity in your community, please contact the Branch and we will provide all possible assistance.

We at the Branch are more than willing to make this organization one to which every lawyer in the province wants to belong; however, we cannot do it alone. We want your participation. BT


2

NATIONAL NEWS

6

Test Case on Constitutional Right to Legal Aid Launched

Nominations Sought Do you know a young lawyer who

has done an outstanding pro CBA Past President J.J. Camp, Q.C., is heading up a four-person, blueribbon legal team that has launched a test case to challenge B.C.'s legal aid plan.

bono service for the community? The Young Lawyers-CBA (formerly Young Lawyers Conference]

would like to know all about it. Young Lawyers-CBA seeks nominations for the 2005 Pro Bono Award. The nominee must

be under 40 years old or have practised for 10 years or less to qualify. This is an excellent opportunity to publicly recognize

a worthy young lawyer!

"We believe that a constitutional right to civil legal aid must be established in this country, and we believe that the situation is urgent," said CBA President Susan McGrath in making the announcement at the 2005 CBA Mid-Winter Meeting in February.

Dispute Resolution Process Inadequate The CBA has told the Commons Standing Committee on Aboriginal

Affairs and Northern Development that government should offer a simple reconcil

iation payment to those who attended Indian Residential Schools, calling the dispute

resolution process instituted by the federal government inadequate and ineffective .

The recommendation is that

the payment be tied to the number of years an applicant spent at residential school, and recognize all claimants as survivors of an injurious pro

gram for which the federal government is responsible, rather than requiring individuals to prove they were victim

ized. Representing the CBA at the February 23 hearing were the chair and vice-chair of the

National Aboriginal Law Section, Jeff Harris of Winnipeg and Chris Devlin of

Victoria.

BARTALK April 2005

The CBA considers the consti-tutional challenge to be groundbreaking litigation. "We welcome the opportunity to join the CBA in making legal history," says lead counsel J.J. Camp. The legal team members are Sharon Matthews of Camp Fiorante Matthews, Melina Buckley, Ph.D. and Gwen Brodsky, Ph.D., all of Vancouver.

Media interest was immediate

For details, visit www.cba.org/ CBA/Awards/young_lawyer.

and strong, resulting in interviews on CBC Radio and in newspapers across Canada. To view the news release and background paper, visit www.cba.org/ CBNN ews/2005 _Releases.

Law Day in China The All-China Lawyers Association celebrated its first ever Law Day on a cold day last December 18. The statistics are impressive. According to the ACLA, more than 20 provincial law committees held events in different cities, over 3,000 lawyers took part, some 20,000 brochures were handed out, and 50,000 people consulted with lawyers.

As reported by the ACLA, activities included "instructing, guiding, giving speeches" as well as meeting the public. "Numerous people signed engagement contracts with lawyers they consulted" and described the day as "really helpful, which made them understand their basic legal rights and duties" especially in the area of criminal defence.

The CBA's International Development Committee has had an ongoing relationship with the ACLA since 1994. The Law Day initiative in China is part of the Criminal Law and Advocacy project that includes a public legal education component aimed at promoting activities to educate the Chinese public on the criminal law system and the role of criminal defence lawyers.

More information on the CBA's International Development programs is posted online at www.cba.org /CBA/lDP!InterDev.

Mid-Winter Meeting Highlights National eligibility standards for legal aid, a small increase in membership fees, and the creation of a national forum for women lawyers highlighted the CBA 2005 Mid-Winter Meeting of Council in Charlottetown in February.

NATIONAL ELIGIBILITY STANDARDS FOR LEGAL AID The CBA resolution on legal aid calls for governments to work together to estab

lish consistent, Canada-wide eligibility criteria. "This is about true access to justice for all Canadians that does not depend on where in this country someone lives,"

noted CBA President Susan McGrath.

FEE INCREASE Following a recommendation from the Membership Fee Review Committee, Council approved a small increase in fees (five per cent in each of the next three years). Taking effect in 2006, the increase was proposed by the Committee to help ensure that the CBA remains relevant and that service and member benefits contin

ue to grow. B.C. opposed the fee increase.

NATIONAL WOMEN LAWYERS FORUM The CBA will create a national forum for women lawyers based on the successful model in B.C. One of the key reasons is the well-documented attrition rate of women from the profession.

"Among the objectives of the forum is to launch a mentoring program that will encourage women lawyers to stay in the legal profession and break through the glass ceiling," said Kerry-Lynne Findlay, Q .C., a CBABC Past President and mover of the resolution.

Hnatyshyn Award Nominations Sought The Canadian Bar Association is seeking nomina

tions for the 2005 Ramon John Hnatyshyn Award

for Law. The deadline for applications is April 30,

2005. Nomination forms are available through

www.cba.org/CBA/Awards.

Established by the Governor General in 1993 and

entrusted to the Canadian Bar Association, the

medal recognizes outstanding contribution to the

law or legal scholarship in Canada .

The medal will be presented at the CBA Canadian

Legal Conference, August 14-16 in Vancouver.

Past winners from B.C. include Dean Emeritus

George F. Curtis, Q.C. and Dr. Albert John McClean.

From left : CBABC President Michael Woodward; National First Vice-President Brian Tabor; and CBABC Vice-President Marguerite [Meg) Shaw at the National Mid-Winter Meeting.

Bank through CBAF and Manulife Bank CBA Financial Services Inc. has negotiated exclusive, reduced monthly fees for CBA members on Manulife One accounts, Canada's first "ail-in-one" account. It's a mortgage, chequing account, and line of credit all rolled into one. The idea is to put your income and savings to work to reduce your total debt and the amount of interest you pay on the money you borrow.


2

SECTION TALK SHELLEY BENTLEY

8

The CBABC sponsors 73 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting a given area of practice . They are the ma in resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession . What follows is a sample of the recent activities of some Sections.

ADR-OKANAGAN gram will provide an alternative to the "all or nothing" approach of regular proceedings.

The judge's role at the settlement conference is not to offer his or her opinion on the merits of the appeal but to act as a mediator. All issues discussed at the settlement conference are off the record and

The Honourable Judge Hugh Stansfield led a discussion on possible alternate dispute resolution opportunities in provincial court in light of the anticipated increase in the monetary jurisdiction of the small claims court from $10,000 to $50,000. The provincial court has been asked to consider how it might be able to cope with an increase in cases without an increase in judicial resources. Many ideas are being considered:

Shelley Bentley practises wills

information and documentation are held separately from the court file. The five judges participating 1

in the program are Madam Justice Levine, Madam Justice Prowse,

and estates law at Kerr

Redekop Leinburd & Boswell in

Vancouver.

• an expanded form of sworn pleadings to allow the court to screen cases m advance and be equipped to make a summary decision. A plain language interactive computer program is currently being used in California to help litigants prepare their pleadings.

• a two-track process: (1) for claims up to $10,000 a judge would meet with litigants for about one hour and render a binding decision based on sworn pleadings and the discussion under oath at that "summary hearing"; and (2) for claims over $10,000 there could be mandatory mediation with non-judicial mediators or a judicial settlement conference and if settlement could not be reached the court would direct in a separate pre-trial conference what evidence or other procedures would be required in order for a judge to resolve the matter in a one-day hearing.

FAMILY LAW-VANCOUVER Madam Justice Risa Levine spoke about judicial settlement conferences in family law proceedings at the Court of Appeal. A two-year project was begun to assist parties to resolve appeals at an early stage. The process is voluntary and flexible and is based on a highly successful program in place since 1998 at the Quebec Court of Appeal. It is hoped that the pro-

BARTALK April 2005

Madam Justice Rowles, Mr. Justice Donald and ChiefJustice Finch. Once a judge determines that the case is appropriate for the program a telephone conference is scheduled between the judge and counsel to decide what materials will be provided, who should attend and when the conference will be held (hopefully within 30 days of the request). A case will not be suitable for the program if it involves a significant issue of law, is too complex or involves allegations of domestic violence or abuse. If the settlement conference is successful the parties will sign a settlement agreement, the terms of which may be included in a consent order. If it is not successful, the file will go back on the regular track and the suspended time limits will be reinstated. The judge involved will not hear any matters concerning the case in the future .

FREEDOM OF INFORMATION AND PRIVACY LAW David Loukidelis, Information and Privacy Commissioner for B.C., spoke about the report his office issued concerning the U.S. Patriot Act and government outsourcing in B.C. This U.S. federal law, enacted in October 2001, expanded the intelligence gathering and surveillance powers of American law enforcement and national security agencies. It increased American authorities' ability to obtain

orders from a secret court, the Foreign Intelligence Surveillance Court (FISC) requiring any company under U.S. jurisdiction to hand over information in its control and imposing stiff penalties on any company that reveals it has been ordered to do so. Mr. Loukidelis' office began receiving requests for guidance on dealing with the implications of the Patriot Act in light of the B.C. Government's pursuit of a policy of alternative service delivery under which private sector companies perform public services formerly performed in-house. A public consultation process was begun with the goal of assessing Patriot Act privacy implications and recommending practical and effective measures to meet identified risks. Research conducted by Mr. Loukidelis' office revealed that the FISC could issue a secret order to a person subject to the court's jurisdiction to seize personal information records located outside the U.S. and deliver them to American authorities, all without the intervention of Canadian authorities. Contrary to the submission of the B.C. Government that the risk of Patriot Act access is "vanishingly small," the report issued by Mr. Loukidelis' office concluded that such a threat is real and requires legislative and other meaningful responses to ensure protection of information.

The report did not recommend a ban on outsourcing but did recommend that the Freedom of Information and Protection of Privacy Act, the B.C. legislation governing privacy practices of public bodies, be amended to prohibit disclo-sure of information located in B.C. in response to a foreign court

mends that contractual arrangements and legislation be put in place to ensure that persons subject to U .S. court jurisdiction do not have legal or practical control over personal information located in B.C. It also recommends that the federal and provincial governments seek assurance from American authorities that the U .S. will not seek orders for access to personal information records in B.C. Finally the report recommends that the federal and provincial governments should also commission a comprehensive audit of interprovincial, national and transnational information sharing agreements involving public bodies in B.C.

INSURANCE LAW The Safe Streets Act (Bill 71) has been passed and will come into force by regulation. The Attorney General has stated that the need for this legislation arose because of the request by citizens for the government to respond to the complex problems of mental illness, addictions and homelessness and the fear of physical and verbal confrontation on streets and sidewalks. Bill 71 makes it an offence for a person to solicit in an aggressive manner or solicit to a captive audience. It is also an offence, unless a person solicits a ride in an emergency situation, for a person to walk on a roadway if the roadway has a sidewalk, walk on the right side of the roadway that has no sidewalk and be on a roadway to solicit a ride, employment or business from an occupant of a vehicle. BT

order. There are clear indications that such a law may cause a U .S. court to decline to order production of personal information because of such foreign laws. In direct response to this, the B.C. Government enacted Bill 73. Mr.

Dalhousie Professor Speaks to Family Law Section

Loukidelis sees this as a good start but recommends that it be strengthened by being clearer and providing much stiffer penalties than the maximum $500,000 fine, as well as making it applicable to existing outsourcing deals.

Further, the report recom-

At the February 18 meeting of the Family Law-Vancouver Section, more

than 70 members heard Professor Rollie Thompson of Dalhousie

University give a three-hour overview and discussion of the Draft

Spousal Support Advisory Guidelines, just a few weeks after its release.

This seminar gave Section members the opportunity to hear Professor

Thompson discuss the basics of the guidel ines, including an overview of

their structure, the two formulas (with or without child support). and

the guidelines' appl ication on review and variation.

To join this or any other Section, please contact the B.C. Branch office

or visit www.cba.org/bc.


2 10

PRACTICE TALK DAVID J . BILINSKY

Alternatives to Going Solo Job search techniques that work ...

}, But will the right one ever come along?

Oh, Jim looking for the right one, when will the right one

come along? )i Words and music by Stephen Bishop

0 pening your own office can be one of the most

rewarding and engaging steps in a lawyer's profes-

David J . Bilinsky is the

the contemplation of any parting of the ways.

sional career - provided that the decision to go solo was voluntarily made and was seen as the best of all the alternatives available to the

lawyer following a full and deep

Practice Management Advisor

at the Law Society of B.C. E-mail: [email protected]

So what are those proven search techniques? They all revolve around building a network - of people. Each network is unique but all the people in your network share two attributes -

they know you are ready for a new opportunity and they may be able to contribute to your search. In many cases lawyers who have gone solo have tried to find an alternate work situation by using their network - but they gave up out of

contemplation of other possibilities. Unfortunately, in many cases the decision to go solo is thrust upon the lawyer, often with little notice, scant preparation and a cursory review of alternatives. Other times, the decision to go solo is taken in desperation - seen as a way to escape a horrible work situation; which is about the equivalent of jumping into the fire to escape the frying pan. In either case the lawyer is facing high cash outlays, the prospect of diminished income for an indefinite time, little or no staff support and an uncertain future . While many solos do

find that the life of a solo is satisfying and fulfilling, others find that the isolation, the long hours and the lack of any backup or relief is simply too high a price - and they drop out of the practice oflaw entirely.

But is solo practice the only alternative? Certainly even in the worst associate situations there usually are warning signs that all is not well before a decision to part and go separate ways is made - that would provide an associate with time to start exploring other work alternatives rather than being forced into opening a solo office. Furthermore, there are proven job search techniques that may allow the associate to find a more suitable position well before

BARTALK April 2005

desperation and despair. This indicates that there are

two items to which the job seeker must give top priority - the first being to continue to systematically and methodically build their network notwithstanding the lack of any immediate results, and the second in keeping their spirits up and not giving in to disappointment. Each is equally important and each plays a significant role in any successful job search. ·

What are the techniques to build a successful job search network? Here is a selection of the sugges

tions put forward in this regard: • Decide what type of job openings you are looking

for. By bringing clarity to your job search at the outset, you are therefore able to answer the inevitable question of "What is it that you are seek

ing?" By being too broad you run the risk of appearing to lack any direction or insight into your career or into your strengths and weaknesses.

• Make an initial list of 40 people. These people should have at least one of the following qualities:

1. They can tell you about job openings that may interest you;

2. They can put in a good word for you by being a reference;

3. They can give you insights into potential job

openings - and provide you with intelligence that helps you decide if the opening is worth pur

suing; and 4. They can help you remain upbeat and positive.

• Mine your existing contacts. Consider adding people to your network who will not jeopardize your current job situation and who would be high-quality contacts. These people could come from past job situations or from your current job. They could be people that you used to work with in your current job but who themselves have left for an alter

nate career. Your existing professional and volunteer associations are excellent sources for contacts, as these individuals are already familiar with you

and your volunteer activities and can put in a good word for you.

• Write to 10 people on your list each and every week. Enclose your resume with a covering letter that explains what you are looking for (see above)

and expresses the hope that they can identify potential openings or other people you should contact. Note that you are not asking them if they have any openings at this time - chances are they don't. What you are doing is much more valuable - you are asking them to provide information to you that could result in a lead on a live job opening. Follow up the letter with a telephone call inviting them to

coffee. • During the in-person meeting, ask them to identi

fy three people that you should contact to discuss your job search. Ask if you may use their name in

making the contact. • Repeat the cycle with the new contacts by sending

them a letter and your resume. At the end of the first month you should have made contact with 120 new people in addition to your initial 40. Most, if not all, of these people would have been unaware

that you were looking for a new job opening. • While working on your new contacts, periodically

go back through your existing contacts and briefly communicate with them and remind them that

you are still looking. • Certainly make use of professional job search

agencies - but do not depend on them to find your next career. Treat them as adjuncts to your own job search efforts.

• Follow up on all advertised positions - but be

aware that many others are also doing the same. • An oft-cited statistic is that only 15 per cent of the

existing job openings are posted. Your objective in building and nurturing your job search network is to unearth one of the 85 per cent of jobs that never make it to the marketing stage.

• When you do find your dream career, write to your contacts and thank them for the efforts that they have made on your behalf. After all, they might just come in handy in the future.

Solo lawyers have a long and honourable tradition in the history of the practice of law. However, it may be preferable to start taking systematic and disciplined action now to locate a better job situation rather than waiting for the right one to come along and then finding yourself being forced to be part of history. BT

The views expressed herein are strictly those of the author and may not be shared by the author's employer.

CBA Practicelink: Ask a Marketing Expert New on Practicelink, Susan Van Dyke, a legal

marketing expert and freque nt BarTalk guest

columnist, shows readers how to direct their limited marketing resources to achieve the greatest

results. While it's tempting to spend money attracting new clients, learn why it's more practical [and effective) to concentrate on getting more work from your current clients. View Susan's art icle

online at www.cba.org/practicelink.

Also new on CBA Practicelink:

• Client Commu nication: Measuring Yo ur Cross-Cultura l Competence

• Marketing Matters: Brand ing Your Law Firm

• Quick tips on marketing, financial management, client services and more .


NOTHING OFFICIAL TONY WILSON

All Sizzle; No Steak Power Point and a thousand (bullet) points of light

I speak a lot, and not just on the phone. I do presentations on Franchise Law, and I also give speeches on why your clients

stand the presentation, but to read the bullet points, which in turn, are being read by the presenter. Conclusion? We can all read. That is, when we're not distracted by the effects dancing on the screen.

need trademarks. I volunteer to present at trade shows. I give papers at legal conventions and CLE courses. It's all part of what they don't teach you in law school or PLTC. It's called marketing. But if your marketing involves making presentations, as mme does, you will know that

I PowerPoint presentations have

Tony Wilson is a Franchise and Intellectual Property lawyer at Boughton. He's written for the Globe and Mail, the Vancouver

PowerPoint reminds me a bit of "Planet Hollywood" (thankfully now Hasta la Vista m Vancouver), where you couldn't hold a conversation about how bad the food was without your eyes being subconsciously pulled to the restaurant's obnoxious television screens. The TV s mercilessly (and endlessly) showed the Governor of California firing grenades,

become the staple of any speech, and the sizzle with any steak. PowerPoint is so endemic these days that failure to use it suggests,

Sun, and Macleans magazine. E-mail: [email protected]

in no particular order: a) You don't know how to use a computer. b) You don't have a computer. c) You don't have enough money for milk. d) You cut your own hair.

There is an opposing view on PowerPoint. A few months ago, BBC Radio 4 (isn't Internet radio wonderful?) aired a program that took this position: PowerPoint dumbs-down presentations to the point where all you get is sizzle, and no steak. Essentially, PowerPoint turns all presentations into sales pitches, and all complicated concepts into movie trailers. Information becomes info-tainment. It has assimilated us, Borg-like, into a pixilated world where resistance to PowerPoint is futile . You have to use it, or your presentation won't be taken seriously. Those of us who rely on our voices, sense of timing, and very bad jokes to break the ice or make a point are left in a dark hail of bullet points when we fail to bring our laptops. Shamefully, we cut our own hair, too.

With PowerPoint's Spielberg-esque special effects, the audience struggles not so much to under-

12 BARTALK April2005

bazookas and machine guns at an odd assortment of robots, bad guys and other voters. PowerPoint distracts the audience in much the same way; death by a thousand bullet points, you could say (and I'm not the first) . Forget that the subject is more complicated than it seems; never mind that she's a boring speaker - let's read along with everyone else in the room and when we're tired of doing that, we'll look at those twirling Euros next to the words!

To illustrate the limitations of PowerPoint, the BBC program invited listeners to imagine the Gettysburg Address, Winston Churchill's "we shall fight them on the beaches" speech and other memorable speeches delivered as PowerPoint presentations. Could Churchill have rallied a war-torn nation using PowerPoint, or might something have been lost in translation (including, of all things, the war)?

Because Joe's "I Am Canadian" rant is the only great and memorable speech we have in Canada, and in celebration of Molson's pending amalgamation with Coors, I think I can do Joe's rant in Power Point! In one slide. Watch: "I-WAS-CANADIAN." BT

Practice Resources Online access to services, tools and resources

The Practice Resources area of the site contains a wealth of information for CBABC members. Here is

a brief introduction to some of the resources accessible online.

PATRIC IA JORDAN ON THE WEB

resolve disputes that are not reportable Law Society matters.

CBABC SECTION LISTSERVS Section listservs are available through e-mail and are a convenient way for CBA members to share information. To join, please e-mail [email protected].

PRACTICE ADVISORY PANELS Practice Advisory Panels are listings of senior practitioners who volunteer to assist other lawyers seeking advice on a particular aspect of the law, in order to best serve their clients. There is no expectation of referral, nor any monetary compensation involved. The Advisory Panel member has usually practised for more than 10

Patricia Jordan is the CBABC

INFORMATION KITS AND STANDARD FORMS

Manager, Interactive Media .

She welcomes your comments,

Real estate standard forms (contract of purchase and sale and standard undertakings) are in this area. Along with these forms is a growing online collection of information kits including work-life

questions and suggestions. Tel: 604-646-7861

E-mail: pjordan@bccba .org

years, and is generally experienced enough in his/her particular area of law as to be capable of making a CLE presentation on the subject.

PRACTICELINK PracticeLink is a national award-winning online collection of practical articles, tools, and tips on law practice management. Areas of interest include balancing work and life, client services, marketing tips, money and finances, starting out, technology and your practice, trends and ideas, and working with people. Recent articles include: • Plain Language Legal Writing: Part II- Writing

to Be Understood • Secrets Revealed: 95 Tips on Becoming a Better

Lawyer • Marketing Matters: Branding Your Law Firm

MEMBER DISPUTE RESOLUTION SERVICE If you have a conflict with another lawyer or staff, and you want outside help to resolve it, try the CBA Member Dispute Resolution Service. Lawyer volunteers are available on a confidential basis to help

balance, client care, lawyers for literacy and media tips. V ALA surveys and the CBNCICA joint policy statement on audit enquiry and response are also found here.

PROFESSIONAL DEVELOPMENT Gain insight and keep up to date through the programs of CBA national and the CLE Society of B.C.

LEGAL CAREERS If you're looking to hire or be hired, be sure to bookmark this page! It has job and volunteer listings, including BarTalk classified ads. Headhunt.com, the website of the Counsel Network (a CBA preferred supplier), is also linked and offers free resume and job posting services to CBA members.

B.C. LEGAL COMMUNITY This area contains notices from government and the Supreme and Provincial Courts of B.C ., and maps for B.C. land title districts, court bailiff areas and court locations. You'll also find BarTalk ads for job postings, legal services, practices for sale, and more. BT


LEGISLATIVE UPDATE STUART RENNIE

Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision . You will see a reference in some cases to the number of the bi ll when it was introduced in the House . This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The bil l number has been given to make it easier for you to note up the Bills you may have in your library.

CURR ENT FROM JANUARY 1 to

MARCH 1, 2005

Legislative Update is provided as

part of the CBABC legislation and

law reform program. It is a service

funded by CBA membership fees,

and is therefore provided as a ben

efit of CBA membersh ip. The full

version of Leg islative Update is now

published online, ava ilable to CBA

members exclusively at

www.cba .org/bc.

ACTS IN FORCE

CORRECTION ACT, S.B.C. 2004, C. 46 !BILL 44)

Sections 1 to 35, 37 to 39, 42 and 43(c) are in force April18, 2005.

FINANCIAL INSTITUTIONS STATUTES AMENDMENT ACT,2004,S.B.C. 2004,C.48 !BILL 39)

Section 143 is in force February 11,2005. Sections 21, 103, 106 and 120 (d) are repealed February 11, 2005.

FOREST STATUTES AMENDMENT ACT, 2004, S.B.C. 2004, C. 36 !BILL 33)

The preamble, the definition of "designated forest official" in section 1(1) and sections 143.1 , 159 and 171 of the Forest Practices


Stuart Rennie B.C. Branch Leg islation & Law

Reform Officer Tel: 604-949-1490 E-mail: [email protected]

Code of British Columbia Act are all repealed March 31, 2005.

JUSTICE MODERNIZATION STATUTES AMENDMENT ACT,2004,S.B.C. 2004,C.65 !BILL 64)

Section 6 is in force February 25, 2005.

LAND TITLE AND SURVEY AUTHORITY ACT, S.B.C. 2004, C. 66 !BILL 68)

Sections 19(l)(b) and (d) to (f) and (2), 20, 34 (1) to (3), 46 to 82, 84 to 125, 127 to 137, 139, 140 and 142 to 170 are in force January 20, 2005.

SAFE STREETS ACT, S.B.C. 2004, C. 75 !BILL 71)

Act is in force January 27, 2005.

TRESPASS AMENDMENT ACT,2004,S.B.C.2004,C. 73 !BILL 72)


VANCOUVER TOURISM LEVY ENABLING ACT, S.B.C. 2004, C. 29 !B ILL 14)


WILDFIRE ACT, S.B.C. 2004, C. 31 !BILL 25)

Act is in force March 31,2005. BT

Lawyer Referral Service Increases Consultation Fee Effective January 1, 2005

lawyers registered with the

Lawyer Referral Service (LRS)

charge $25 (plus tax) for the

initial half-hour consultation.

For more information call

Lorna O"Grady at 604-646-7858

or toll-free 1-888-687-3404,

ext. 309.

Big City, Big Deals? To some, it's big city, no big deal . ..

COUN SEL NETWO RK

ENHANCED STANDARD OF LIVING

FEATURE

As a recruiter, I meet them everyday - lawyers willing to leave the "big smoke" for the joys,

lifestyle and challenges of practising in the smaller cities, towns and communities of B.C. To many, the "big deal" has become "no big

deal." But why? What has changed? Is it the fact that 1,700+ billable hours is incompatible with a "balanced" career and life? Or is

it something more? What drives some lawyers to

leave the big city career track for the smaller communities? From

Warren Smith, a former practis ing lawyer, is a Recruitment Consu ltant with The Counsel Network.

Smaller communities offer enhanced living standards: compensation is solid, commuting is inexpensive, activi t ies cos t less, and there is often greater access to key services (such as health care).

Work-related stress is usually lower. And don't forget housing prices! While B.C. is expensive generally, outside of Vancouver the idea of owning or building your "dream house" is not just a dream. Tel: 604-643-1711

E-mail: [email protected]

my experience, there are four main reasons lawyers cite when making a career

change towards practising in a smaller community.

QUALITY OF LIFE

On a day to day basis, it's the little things that count - family, kids, golf, hockey, housing, vacation, community events, social organizations - and the time to enjoy them all! Imagine, " instead of the 45 minute

road rage session you are used to, your commute is now a leisurely 15 minute drive. Oh, let's be honest,

on many days you can walk!

LONG-TERM CLIENT RELATIONSHIPS

No longer just a voice on the phone, clients in smaller communities often become friends, play in the same hockey league, send their kids to the same school. The net result is a truly loyal client; one with

whom you develop a tight bond. As one lawyer explains, "practising in a smaller community makes

me feel like I'm actually a lawyer, giving advice to real people and making a real difference in their lives."

BIGGER FISH, SMALLER POND

Fewer lawyers (and a more collegial bar) mean greater opportunity to assume a leadership role, not

just professionally but in the community. For aspiring leaders, there is tremendous opportunity to shape and develop your community in a real and measurable way. This increases both personal and professional satisfaction, and creates endu ring, long-term relationships.

Of course, practising in smaller communities means certain trade-offs. Some lawyers miss those

large corporate financings, the quality of training, the depth of expertise in specialized areas, the exten

sive resources and the larger team. This is why many lawyers perhaps wait until they have five or more years to make the move. They will tend to pursue more "balance" in their career once they feel they

have a solid base of high level training and experience.

At the end of the day, it all depends on the kind of a life, and career, you're looking for. For some, the

big money, big city, big work lifestyle is where it's at. But for others, the benefits of smaller town living and practice are huge and the trade offs are small. BT


FEATURE

B.C. Voices Island and Interior lawyers consider the practice of law

LINDA LOCKE Hazelton

SARAH BOWES Kelowna

A Closer Look

What do you like best about practising law in your area?

Tight legal community

Variety of legal issues to address in court and out of

court

Collegiality of local lawyers and willingness to discuss the law and related options

We have a small, supportive bar.

I practised for 11 years in Vancouver before I moved to Kelowna in

1997. I have practised full time in Kelowna since July 1997. What I like the most about practising in Kelowna is the courtesy and collegiality of the bar. The difference was remarkable . It is not uncommon to fight a worthy battle in court with opposing counsel and then go for coffee or lunch together after. It is rare to have a reasonable request for an

adjournment refused and if so it is done with apologies . The Section meetings are well-attended by the same people every month and the meetings become a social event as well as a learning opportunity.

The challenge I have noticed is that it takes a greater time commitment

What do you find challenging about practising law in your area?

There 's a lack of lawyers who

accept legal aid files , particu larly relating to family law (Note: I'm the local Agent for Legal Services).

Lack of access to continuing

legal education

High cost of attending workshops held in Vancouver

Barbara Young

to stay connected with Sections and committees and to attend meetings and courses. I spend full days traveling rather than an hour or two to get to courses and meetings or I attend more meetings by phone. Some legal research material is not readily available as our access to periodicals is very limited . Some Section events are

only held in Vancouver but by using telephone conferencing , I have managed to stay connected with my favourite Sections.

Barbara Young, Kelowna


Like best... Find challenging ...

WENDY KAVANAGH The relaxed pace, the small The travel required on poor

Kelowna bar and its friendly nature. In roads in the winter short, lifestyle.

CORI MCGUIRE Work-Life balance : The natural Continuing education normally Kelowna beauty of the lake and valley involves the time, expense and

offer a constant reminder that inconvenience of trave lling to there is more to life than law Vancouver. The trip is a chal-work , including family, friends, lenge but always rewarding if recreation , and time to be still planned a few times a year. and reflect on your purpose. I also like the teamwork and

respect between lawyers in the Okanagan .

PETER WARNER, Q.C. The best features of solicitors' The challenges of practice here

Prince George practice in the Prince George/ would include :

North Central B.C. regions are : • Dealing with long distances

• The broad and diverse range and winter weather [if you do

of commercial work not have an outdoor winter

available; sport it is a long haul); and

• The hard-working , innovative • It is difficult to confine your

and friendly client base; and practice to a specialty, many

• The City offers a full range of solicitors ' practices are a

services, but the region is a "mile wide and a foot deep".

frontier of opportun ities in business, sports and social activities .

SARAH KLINGER I can walk to work, the bar is There is a high ratio of lawyers,

Victoria very collegial and I will invari - which means competition can ably run into someone I know be high, for personal injury

.\. when I'm up at court. In addi- files for example . tion the pace seems more

The difficulty of getting off the relaxed than in larger

island in inclement weather centres.

can make court appearances in Vancouver very difficult.

STEPHANIE SIEBER It's easier to balance work/life/ It's harder to specialize. Victoria family.


GUEST THE HON. CHIEF JUDGE CAROL BAIRD ELLAN

A Point in the Judicial Direction The process for appointment to the Provincial Court

The Provincial Court averages seven appointments per year. Applications for appointment are received

and assessed by the Judicial Council of B.C. (the "Council").

The application process may take up to a year, so interested parties are encouraged to apply early. The Provincial Court has jurisdiction in criminal, family and youth, and small claims matters. Lawyers with 10 years at the bar (or equivalent legal experience) whether as counsel or solicitors are welcome

The Honourable Carol Baird

Ellan, Chief Judge of the

the CBA Advisory Committee to the Council. If one is requested, that committee's chair assigns the report to a committee member who then contacts bar members for a confidential assessment of the candidate's reputation and suitability. Those contacted may be the candidates' references, but may also be members who are not named on the application. A CBA report summarizing the members' views (without attribution) is provided to the Council. The Council

Provincial Court of B.C.

to apply. The Council encourages applicants from all diversity groups.

The Council is a statutory body of nine members as set out in section 21 of the Provincial Court Act, chaired by the Chief Judge. The Council has established a set of criteria to assess applicants which includes: legal reputation; knowledge of provincial court law and procedure; experience in mediation or alternate dispute resolution; willingness to learn and demonstrated commitment to continuing professional education; knowledge of current issues in the justice system; effective listening and communication skills; decisiveness; evenness; fairness; open-mindedness; compassion; humility; common sense; enthusiasm; dedication to public service; appreciation of and experience with diversity; ability to co-operate and work with others; and understanding of the role of the court in society.

Application forms and more information about the appointment process may be obtained from the website (www.provincialcourt.bc.ca/judicialcouncil) or from the Office of the ChiefJudge. Once the completed application is received at the Office of the Chief Judge, the Council reviews the application to decide whether a bar report will be requested from

also receives a Law Society report on the applicant's standing, and comments from judges of all courts who are familiar with the applicant.

The Council reviews the application form, the bar report, the Law Society report and the judges' comments with reference to the above criteria, and decides whether the applicant will be invited for an interview. It is the policy of the Council not to advise candidates when they are not approved for an interview. Generally if a year has elapsed from the date the application was submitted, an applicant may assume they will not be interviewed.

Four or five applicants are interviewed at each monthly meeting of the Council. At the interview, the Council members ask the applicant questions designed to assess his or her suitability. After the interview the Council members decide whether to approve the candidate. Approved candidates are entered onto an approved candidates list. When a judicial vacancy arises, the Chief Judge provides to the Attorney General the names of approved candidates within the preceding three years who are eligible to sit in the location where the appointment will be made. Candidates not appointed within three years of their application may reapply. BT


Court Services Online

C ourt Services Online e-search was officially launched in February in Vancouver. It's an inno-

THE HON . GEOFF PLANT

Access to B.C . Court of Appeal information will include both civil and criminal appeals.

vative project that allows searches of civil court proceedings filed in any B.C. Supreme Court or Provincial Court registry over the Internet. It was developed to modernize the court system and significantly improve access to court registries and court records for lawyers, registry agents, and litigants by allowing them access to information on a 24/7 basis.

The Han. Geoff Plant

Attorney General of B.C.

Another feature under development will allow Court Service Online users to make an electronic request for documents from the list of documents on the CSO e-search page. They will also have the option of receiving the copy of the document by fax or regular mail.

Before e-search, lawyers and all other British Columbians living and working in rural and urban centres in British Columbia had to drive to a court house or leave their offices to get information. There was no ability to do province-wide searches, so people had to physically attend the specific registry where the file was located.

The old system is still available, but for a fee of $6 per transaction, users can now access

In 2006, Court Services Online will introduce electronic

filing, which will allow for the electronic submission of civil court documents to any court registry in the province. E-filing will be available for civil matters in the Provincial Court, Supreme Court, and for appeals in the B.C. Court of Appeal. When the e-filing capability is underway, CSO users will be able to access and download court documents that have been submitted electronically, subject to judicial policy on access.

information about a court file entered by court registry staff, including details about the nature of the claim or pro- ·

ceeding; the parties; documents filed; hearings; and results online. The standard restrictions to information access still apply in cases involving family matters, or any files subject to a judicial

"The e-search application ... is one of

the first steps we are taking in B.C. to

modernize the way day-to-day business

in the courts system is conducted in our

high-tech world." order restricting access.

The e-search application of Court Services Online is one of the first steps we are taking in B.C. to modernize the way day-to-day business in the courts system is conducted in our high-tech world. Future enhancements planned this year include providing access to court lists for Supreme Court chambers and for small claims proceedings.

Increased access to court records information via the Internet means that anyone in the province or the world can now search 24 hours a day, seven days a week. This new tool is just one of many that we are using to make the justice system in B.C. more responsive and reflect the needs of its citizens, legal community and the judiciary. BT

GUEST


EVENTS

Cariboo Bar Plans AGM The Cariboo Bar Association may just trump their last

AGM (skiing in Wells) with this year's May 12-15 sojourn at the renowned Hills Health Ranch at 108 Mile Ranch.

The AGM will begin with the traditional meet and greet on Thursday evening followed by seminars on Friday. Saturday is a fun day- golf, massages, and

facials, anyone? The AGM will come to a close on Sunday at breakfast when bar members will select their new executive and the location for the next meeting.

The confirmed guest speakers are Law Society President Ralston Alexander, Q.C., CBABC Executive Director Frank Kraemer, and N ick Weiser, ofFulton & Company, who will speak on lawyers acting as real estate agents. Connie Sauter and Heidi Zetzsche will give a review of courses they have attended in the past year, primarily focusing on family law.

Anyone planning to attend the AGM is asked to call Heidi Zetzsche at 250-395-1071 to confirm their willingness to provide a brief overview of a course they attended in the past year.

Hoop law 2005 When the final whistle blew at HoopLaw 2005 on March 5 at SFU, it was clear that the one-day event held by the HoopLaw Society (a non-profit organization comprised of Vancouver lawyers) had been a resounding success. Established in 1995/96, the HoopLaw Charitable Basketball Tournament is held annually by the Vancouver legal community and UBC law students, and this year raised a recordbreaking $37,000.

Battle of the Bar Bands Returns! Mark your calendars for Friday, June 10 when the fourth annual Battle of the Bar Bands returns to the Commodore

Ballroom! Following last year"s sellout event, expectations for this year's event are high. Eight bands representing the best of B.C.'s rocking lawyers will compete for the ZSA Cup, the Lexpert Cup and for bragging

rights as the best bar band in the land .

Please see the ZSA inserts in this issue for a ticket order form for this event.

Musicians, please note that

bands wishing to enter this event should call Jennie Wilson at 604-682-7474 [or e-mail [email protected]] to

obtain competition rules and

entry requirements .

In exciting hardwood action, Borden Ladner Gervais prevailed over Fraser Milner Casgrain to emerge as the Recreational Division Champions and UBC Law defended their title as Competitive Division champs, beating out Lawson Lundell. Of course, the real winners at HoopLaw 2005 were the charities to whom the proceeds will be donated: the Kenneth Gordon School, which is a specialized school for children with dyslexia and other specific learning

Mr. Fancy Education, Lawson Lundell's band, rocks the Commodore Ballroom at last year's Battle of the Bar Bands.

disabilities; and the Western Canadian Pediatric AIDS Society, an organization committed to helping children living with or affected by HIV/AIDS.

The HoopLaw Society thanks the players, sponsors and volunteers who made this year's tournament the best ever for both the legal community and the children.


Law Week Events

Kamloops: Thursday, April 14 The Kamloops Bar Association is assisting with a local revival of Law Day. An open house at the Courthouse is planned from 6:00 to 8:00p.m.

W E E K

with a mock trial , tours, scavenger hunt, a "Meet a Judge" session, and information booths by numerous community agencies. The RCMP dog and ident team, always a crowd favourite, are also expected. Contact: Rachel Lammers ([email protected])

Victoria: Saturday, April 16 Victoria will host Law Day activities at the Courthouse. Law Day in Victoria will be jointly sponsored by the CBABC and the Victoria Bar Association, and activities will include public tours, displays by justice related organizations, and a mock trial of Sneezy the Wolf for mischief and break & enter against the houses of the Three Little Pigs. At the same time, Glenlyon Norfolk School will hold its provincial mock trial competition. Contact: Sarah Klinger, 250-385-4311 ([email protected])

Comox Valley: Saturday, April 16 Law Day plans include an open house at the Courthouse with a mock trial, information seminars, cell tours and entries displayed for the high school poster competition. Contact: Bonnie Day, 250-334-4461

Cowichan Valley: Wednesday, April 27 The Cowichan Valley Bar Association will hold an open house and legal seminars at the Duncan Law Courts. Contact: Rowan Davison, 250-746-5899

Nanaimo City: Thursday, April 28 The Nanaimo Bar Association will hold two mock trials for elementary school students. Contact: Sandra Dick, 250-753-2202

Vancouver: Saturday, April 30 The CBA will host an open house at UBC Robson Square (800 Robson Street) between 10:00 a.m. and 2:00p.m. There will be a mock trial and displays by justice-related organizations. Speakers step up to the podium at midday. New this year are four People's Law School classes: Child and

Dial-A-Lawyer: Saturday, April 30 The CBA will hold its ""Dial-A

Lawyer" program on April 30

from 10:00 a.m. to 2:00p.m. During that time, members of

the public can call in to speak with a lawyer about a legal problem [15 minute maximum).

Dial-A-Lawyer Numbers

604-687-3221

1-800-663-1919

To volunteer in

Vancouver, please

call 604-646-7854.

Spouse Support; Wills and Estates; Custody, Guardianship & Access; and Employment Standards. Members of the public who wish to participate in a class are asked to complete a registration form (posted at www.cba.org/bc, under Public & Media). Contact: CBABC, 604-687-3404, ext. 313

Prince George: May or June The Prince George Law Week Committee is planning an open house in late May or June at the Courthouse with a mock trial, tours by the Sheriffs, displays and presentations. Contact: Susan Grattan, 250-564-9717


EVENTS

VBA/CBA Golf Tournament Register to enjoy a day of golf, dinner, and

prizes at the ninth annual Canadian Bar AssociationNancouver Bar Association Golf

Tournament. This hugely popular event will be held at the University Golf Course near UBC on Thursday, June 23.

Event proceeds fund an annual award for both a UBC and a UVic

student who best exemplify the ideals served by the CBA. See the related insert in this issue and register before May 1st to

secure the early bird rate ($140).

New Westminster/ Fraser Valley Bar Golf Tournament Members of the bar, members of the judiciary, court reporters and their friends are invited to participate in this annual tournament to be held on Thursday, July 7 at the Guildford Golf Course in Surrey. Tee times start at 11:00 a.m. Texas Scramble is optional. There will be an evening barbecue dinner. Partial proceeds will be donated to the CBA Lawyers Benevolent Fund.

For details, call Rick Molstad at 604-526-1821.

April May I...

Unrepresented Litigants Self-Help Centre On April 18, the Supreme Court Self-Help Information Centre ( .. the Centre""). one year pilot

project will open . The Centre

will provide legal information, education and referral services to unrepresented litigants who are involved in civil actions [including family) in the Vancouver location of the Supreme Cou rt of B.C. The Centre, located at Room 274, 800 Hornby Street, is available

for walk-in clients from 9:00 a .m. - 12:00 p.m. and 1 :30 -4:00 p.m. This project is funded by the Law Foundation of B.C., the Vancouver Foundation, the

Ministry of the Attorney General, and the Department

of Justice Canada.

For more information on the Centre, visit www.supreme cou rtselfhe lp . bc.ca.

"' "C c: Q)

April14

April16

Kamloops Law Day Open House (Courthouse, Kamloops)

Victoria Law Day Open House (Courthouse, Victoria) ......

April16 "' (.)

L.. April17-19

"' April27 co ~ April28 ~

April28 u c:

"' April30 I...

co May 10

May 12-15

May 13

Comox Valley Law Day Open House (Courthouse, Courtenay)

CCCA National Spring Conference (Toronto)

Cowichan Valley Law Day Open House (Courthouse, Duncan)

NAWL & West Coast LEAF National Conference (Hilton Metrotown, Burnaby)

Nanaimo City Bar Association Mock Trials

Dial-A-Lawyer, CBA Law Week Open House (UBC Robson Square, Vancouver)

New Westminster Bar Association Meeting (Westminster Club, 5:30p.m.)

Cariboo Bar Association AGM (Hills Health Ranch, 108 Mile Ranch)

Executive Committee Meeting (CBABC Boardroom)


Canadian Legal Conference: Volunteers Needed Many volunteers are needed for this event, which comes to B.C. in

August. For information on the benefits of sponsorship, please call

Kerry-Lynne Findlay at 604-609-3066 ([email protected]).

If you are available to help for a few hours or so, please contact

Miranda Lam ([email protected]; 604-687-9444). In particular, volunteers

are needed for:

AT-HOME DINNERS- Host lawyers and spouses in your home for

dinner and socializing on Saturday, August 13. This is one of the high

light events of the conference, so don't miss your chance to participate!

Call Barbara Sage at 604-244-9433 (barb.sage@ shaw.ca) for more infor

mation or to volunteer.

LAW FIRM RECEPTIONS occur on Monday, August 15, in the after

noon. Perhaps your firm could sponsor a reception at the Art Gallery or

the Terminal City Club? Call Ming Song at 604-899-0224 (ming

song@n ovuscom.net) for more information or to volunteer.

Comox Valley & Campbell River Summer Barbecue The neighbouring bar

associations of Comox Valley

and Campbell River have

already begun planning an

August barbecue. This family

event will include a baseball

match between the bar

associations. BarTalk will keep

you posted .

Notice from B.C.'s Law Schools Consider taking an articling student this year Have you ever considered bringing an articled student into your firm? If so, now might be the time. A number of

high calibre third-year law students are still seeking 2005-2006 articling positions. The UBC and UVic Career

Services offices are ready to assist lawyers who can offer articling positions by answering questions, posting

positions and advertising to students.

For a law student, articling is a critical stage of legal training, and a mandatory step on the path to call and

admission. Students are eager to put their skills to work and to experience the practice of law under expert

gu idance. Articles offer that opportunity.

Students can perform useful and billable work that benefits a firm or legal department. For a lawyer who serves

as principal to a student, that assistance is valuable. But principals can also draw satisfaction from the impor

tant contribution they make. Principals help develop their students into good lawyers through guidance, training

and mentorship. This benefits not only those students, but the profession as a whole.

To become a principal, you must be a practising lawyer in good standing with the Law Society with seven years

of practice experience. For more on the qualifications of principals and the articling relationship, please see Law

Society Rules 2-27 through 2-46. See also the current articling agreement and checklist, found under ""Licensing

& Membership"" at www.lawsociety.bc.ca. If you are not certain if you qualify as a principal, please contact Lesley

Small, Manager, Credentials & Licensing at the Law Society of B.C. at 604 669-2533 or [email protected].

UNIVERSITY OF BRITISH COLUMBIA Faculty of Law Career Services and Alumni Relations Judy Pozsgay, Co-Director Nadia Myerthall, Co-Director E-mail: [email protected] or [email protected] .ca Tel: 604-822-6350 (Judy] or 604-827-5052 [Nadia] Fax: 604-822-9486

UNIVERSITY OF VICTORIA Jennifer Moroskat, Career Development Officer E-mail: [email protected] Tel: 250-472-4719 Fax: 250-721-6390 Website: http:/ /cdo.law.uvic.ca [Employers can post positions directly on this site.]


BAR MOVES I BRAVO

Bar Moves " 71 Have you recently changed firms or opened a new firm? Send submissions [maximum 25 wordsl to Bar Moves at [email protected].

PETER BURNS, Q.C., former Dean of Law at the University of British Columbia, has been appointed Fairness Commissioner by ICBC's Board of Directors.

KEITH W. DARVELL has joined Edwards Kenny & Bray LLP in Vancouver as an associate, where he will continue his practice as a solicitor.

ANDREW D. GAY has become a partner at Gudmundseth Mickelson; he joined the firm as an associate in 1998.

KITTY HELLER is now working as a sole practitioner specializing in executive employment agreements, harassment investigations, human rights matters, and mediations relat-ing to employment issues.

With Gratitude ... CHRISTOPHER LEMON, formerly Associate Counsel with Weldwood of Canada Limited has joined International Forest Products Limited as Corporate Counsel.

Congratulations to Debra Van Ginkel, who will receive the Lawyers Assistance Program "Lawyer Helping Lawyer Award.'" The award will be

presented at this year's

Gratitude Luncheon on June 17 at the Law Courts Inn in Vancouver. For lunch tickets, please call 604-685-2171 [e-mail [email protected].

JODY MCCORMACK has left Cassels Brock & Blackwell LLP in Toronto to join Morelli Chertkow in Kamloops, where she will practise civil litigation.

MICHAEL R. SHAPRAY is pleased to announce that he will continue his criminal law practice at Stern & Albert in Surrey. Mr. Shapray's practice will focus exclusively in the areas of criminal and regulatory law.

LAURA SPITZ, formerly of Miller Thomson LLP, has joined the faculty of the University of Colorado School of Law, where she will teach contracts, bankruptcy, international business transac-tions and commercial law.

McCarthy Tetrault LLP IS

pleased to announce that on March 1, 2005, ROSEMARIE WERTSCHEK, Q.C., rejoined the firm as a partner and will continue her practice in the area of Tax.


Ken Sarnecki Fund Ken Sarnecki, Q.C., a former CBABC member, Executive Committee mem

ber, and long-time Provincial Council member passed away in Kelowna on December 30, 2004. As a lasting memory to Ken, his friends and family are

establishing a memorial fund through the Central Okanagan Foundation. Funds received will be eligible for a tax receipt and interest earned on funds will be used to benefit those activities and associations which were close to Ken's heart. At this point, it is anticipated that funds will be used to assist

junior golf development and bursaries and scholarships. For those wishing to contribute, please make cheques payable to the Central Okanagan Foundation noting on the cheque that the funds are for the Ken Sarnecki, Q.C . Memorial Fund. Cheques can be mailed to: Central Okanagan

Foundation, 217-1889 Springfield Road, Kelowna, B.C. V1V 5V5.

MEMBER SERVICES

Planning a Train Trip? Thanks to a special offer from VIA, CBA members can experience a better way to travel by signing up for a free VIA 1 upgrade coupon. Until April 30, 2005, members can purchase a Comfort Class Liberty fare ticket and use the coupon for a free upgrade to VIA 1. To obtain your free upgrade coupon, visit www.viarail.ca/cba .

Canadians Baseball Are you looking for a fun,

fam ily-oriented event to thank your cl ients or staff this summer? The Vancouver

Canadians give you the perfect solution with Group Packages and Corporate Barbecues. For more information call Jeff Dye at 604-872-5232. Wireless Fidelity Internet

SESAME NETWORKS- WI-FIINTERNET ACCESS The CBA is pleased to announce Sesame Networks as a new Member Services Provider. Sesame Networks provides a secure, traceable, instantly available Wireless Fidelity (Wi-Fi) Internet access solution for visiting employees, opposing counsel, clients, suppli-

CBABC ticket prices are coming I The June issue of Bar Talk

will contain a Vancouver

Canadians CBA member offer.

ers, business partners, auditors, and consultants. The Sesame solution allows you to provide Wi-Fi Internet access for your guests without compromising the security and integrity of the corporate LAN, and without impacting IT resources. Sesame Networks is pleased to offer a CBA member discount of 50 per cent on an upgrade to its premium service.

For details visit www.sesamenetworks.com/cba.

On Stage Savings

OPERA CBABC members receive 20 per cent off Vancouver Opera tickets during the 2005 season. To claim your

CBABC member discount call 604-683-0222. Please have your CBA 10 number handy when you call.

The Queen Elizabeth Theatre in Vancouver will show Verdi's "Un Ballo Un Maschero" on April 30 and May 3, 5, and 7.

THEATRE CBABC members receive 20 per cent off of show tickets at Vancouver's Stanley and Arts Club

Theatres. Call604-687-1644 to order tickets.

"Shear Madness" plays at the Arts Club Theatre June 2 to July 16. "Miss Saigon" plays at the

Stanley Theatre May 19 to July 10. See page 3.

B.C. Hotels Online Now CBABC members can access and compare great negotiated hotel rates all over B.C. in one easy stop at www.cba.org/bc.

With the Branch's newest member service, MeetingMax, you can view comprehensive lists of all room rates, amenities, and photos, at every hotel at which the CBABC receives exclusive savings! Go online to check it out- by mid-April we expect to be able to book hotels in all major centres in B.C.

Never be baffled by tech talk again!

Bookmark this online dictionary for

computer and Internet technology definit ions .

www.webopedia.com

*


CBABC PARTNERS

Van Courthouse Library Extends Hours Effective April 1, the Vancouver Courthouse Library began offering

BRITISH COLUMBIA COURTHOUSE LIBRARY SociETY

extended reference service hours until 5:30 p.m., Mondays to Thursdays.

Reference hours on Friday are

unchanged, at 8:30 a.m. to 4:30 p .m . The service is available in person to members of the Law Society of B.C. (due to after hours access restrictions) and by telephone and e-mail to all users.

During the summer, reference hours will return to 8:30a.m. to 4:30p.m. for July and August, during which time the extended hours will be reviewed. The B.C. Courthouse Library Society plans to provide extended reference hours on a regular basis from September to June, based on the usage and demand for service after 4:30 p.m.

The Vancouver reference number is 604-660-2841 or 1-800-665-2570.

The Hon. Louis LeBel to Speak at French Jurists' Law Day

PLEASE NOTE: While all jurists are

invited to attend, the presentations at the Association's third

annual Law Day, including

the Han . Mr. Justice LeBel's

talk, will be in

French.


L' Association des juristes d'expression franc;:aise de Ia C .-B. est fiere d 'inviter les juristes de Ia province a sa troisieme J ournee de droit annuelle, le 29 avril, de 9 h 30 a 14 h au Law Courts Inn de Vancouver.

A cette occasion, des conferenciers de haut calibre, dont !'honorable J uge Louis LeBel de la Cour supreme du Canada, nous entretiendront sur Le Bijuridisme-La rencontre des deux traditions juridiques au Canada . L'espace etant limite, veuillez vous inscrire au plus tot a 604-629-1217 ([email protected]).

•

The Continuing Legal Education Society of British Columbia

CLE Update

NEW BOOK AND COURSE-FAMILY LAW DESKBOOK CLE's Family Law Deskbook is designed for legal support staff as a practical step-by-step guide to family law procedure . This comprehensive

deskbook includes family law basics and detai led guidance on how to conduct a family law file. Checklists, commentary, and forms and precedents on all aspects of family law practice give staff the context, the .. why"' and .. haw·· to effectively

complete their tasks on family law files.

This exciting book will be launched on May 12 at CLE's .. Family Law for Legal Support Staff' course.

ONLINE PUBLICATIONS NOW AVAILABLE CLE's first six online practice manuals (below]

include links to full-text cases and legislation:

• B.C. Company Law Practice Manual;

• B.C. Real Estate Practice Manual;

• Family Law Sourcebook;

• B.C . Family Practice Manual;

• B.C. Probate and Estate Administration Practice Manual; and

• B.C. Motor Vehicle Accident Claims Practice Manual.

Search text, download forms and precedents right to your desktop, and experience the convenience of

online access combined with the excellent quality of CLE's print publications. Course materials are

also online.

For more information on any CLE offering, along with current listings of all books and courses, please visit www.cle.bc.ca or call604-893-2121 or 1-800-663-0437.

Grants Approved The Board of Governors of the Law Foundation of B.C. met on March 12, 2005. Chair Heather Raven is pleased to announce that funding totalling $3,099,230 has been approved for the following 16 continuing programs:

THE@LAW FOUNDATION OF BRITISH COLUMBIA

Continuing Programs

$50,480 BATTERED WOMEN'S SUPPORT SERVICES Legal Advocacy Program

$134,300 BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION Operating 2005/2006

$140,300 BRITISH COLUMBIA LAW INSTITUTE Operating 2005/2006

$654,500 COMMUNITY LEGAL ASSISTANCE SOCIETY Operating 2005/2006

$55,000 LAW FOUNDATION GRADUATE FELLOWSHIPS 2005/2006

$233,800 LAW SOCIETY OF BRITISH COLUMBIA Professional Legal Training Course

$105,400 NELSON DISTRICT COMMUNITY RESOURCES SOCIETY Legal Advocacy Program

$84,600 NORTH ISLAND ADVOCACY COALITION SOCIETY Legal Advocacy Program

$262,400 PEOPLE'S LAW SCHOOL Operating 2005/2006

$45,600 SEPARATION AND DIVORCE RESOURCE CENTRE Volunteer and Legal Support Services Program

$218,600 TENANTS' RIGHTS ACTION COALITION Legal Advocacy Program

$10,300 UNIVERSITY OF SASKATCHEWAN Native Law Centre- Legal Studies Program

$152,550 UNIVERSITY OF VICTORIA, FACULTY OF LAW Law Centre Clinical Program

$133,800 WEST COAST DOMESTIC WORKERS' ASSOCIATION Legal Advocacy Program

$705,900 WEST COAST ENVIRONMENTAL LAW ASSOCIATION Operating 2004/2005 and Environmental Dispute Resolution Fund

$111,700 WEST COAST LEGAL EDUCATION AND ACTION FUND ASSOCIATION Operating 2004/2005


CLASSIFIED ADS APRIL 2005

POSITION AVAILABLE

XTENA Lawyer- 10 years prev ious experience in litigation. Knowledgeable in corpora te/real estate law in B.C. Computer literate. Fax: 1-202-318-82 18. E-mail: [email protected]

Staples McDannold Stewart seeks solicitor. 1-5 year call . Please see www.sms.bc.ca for details.

POSITION SOUGHT

Seeking 2005 article in civil law. Professional, hard working and a quick learner. Proven involvement in the B.C. community. Excellent references. P: 604-522-8986 ([email protected])

PRACTICE FOR SALE

WEST KOOTENAY: Solicitor's practice restricted to business law, commercial real estate, wi lls, estates and trusts. Selective residential real estate only. Senior solicitor retiring.

Willing to assist in transition . Terrific clients, gorgeous scenery, a small dynamic cultured city, immediate access to all outdoor activities and a lifestyle second to none. Contact Ken Watson, 2-609 Baker Street, Nelson, B.C., V1L 4]3. Phone: 250-352-6580; Fax: 250-352-658 1; E-mail [email protected]

SERVICES

INTELLECTUAL PROPERTY: Let us assist you in providing protection for your clients. Douglas B. Thompson Law Corporation -Registered Patent Agent, Registered Trade Mark Agent. Practise restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: [email protected]

Cheryl Stephens, marketing coach, 604-739-0443, www.MentorMuse.com

FLY FISHING RETREATS, dig. photo workshops. $345 for 3 days. Visit www. wildtrout.ca

CLASSIFIED (per line) CBABC Members/Firms $25 All others $40

DISPLAY 3" X 2.5" CBABC Members/Firms $450 All others $750 6" X 2.5" CBABC Members/Firms $810 All others $1,350 Next deadline: May 13

INSERTS (all of BC) CBABC Members/Firms $1,200 All others $2,400 Next deadline: May 20 Next mailing: June 10

Direct advertising inquiries to: Sandra Webb, BarTalk Editor Tel: 604-646-7856 or 1-888-687-3404 E-mail: [email protected]

Mertens Valuation Services Ltd. Practice Restricted To WCB Independent Expert Advice

Serving the accounting and legal professions.

~ Business Valuation ~ Transaction Advisory

~ Litigation Support

Please call Rick Mertens, CBV, CGA Tel : 604-642-6107 Fax: 604-944-3855

500 Park Place, 666 Burrard St, Vancouver, B.C. V6C 3P6 Visit us online at www.mertensvaluation.com.

A member of the Canadian Institute of Chartered Business Valuators

At COOK ROBERTS we believe in hard work, effective organization and a high degree of professional competence and integrity.

If this describes you and your work ethic, there may be an opportunity for you to join the largest law firm on Vancouver Island, where we have provided quality legal services to our clients in B.C. and across Canada for 35 years.

The ideal candidate will have an ambitious and determined mindset with a developing solicitor's practice in the areas of Wills and Estates. This candidate will have an established yet modest client base thereby allowing for growth


Sec. 257 Determinations, Opinions and Court Applications on referral

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

Vahan A. Ishkanian Barrister & Solicitor

Cell604-868-3034 Fax 604-264-6133 [email protected]

and expansiOn into other areas of a solicitor's practice.

We offer the highest level of technology, experienced legal support staff, and exceptional remuneration and benefits.

~ ROBERTS

LAWYERS

7th Floor, 1175 Douglas Street Victoria, BC V8W 2E1 Phone: (250) 385-1411 Fax: (250) 413-3300 Website: www.cookroberts.bc.ca

Respond in confidence to: Herb Gascoigne, CFO [email protected]

bartalk | april 2005

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