bartalk | february 2007

Who Speaks Out For Lawyers? We need a strong voice in response to reforms

www.cba.org/bc

Significant shifts are underway in legal practice, regulation of the profession, the administration of justice and the law itself. These fundamental changes will affect every lawyer, and we must

pay attention – both as individuals and as a profession. The Canadian Bar Association exists to ensure

that the collective voice, wisdom, and strength of the profession is brought to bear on important issues. Senior members of the Bar are stepping up to pro-vide their support, and newer members are actively engaged in reform activities. There is a growing sense that this is a time for more – not less – involvement in the CBA, for the sake of the profession and our society.

ManadatOry CLEThe Law Society is committed to the concept of mandatory professional development. How this develops, and how the needs and realities of lawyers are considered and reflected in the end product, is a matter of significant concern. We all understand the public interest agenda behind it – but the voice of lawyers needs to be heard in the process, particularly those who face time, money and access barriers.

ExpanSiOn OF nOn-LaWyEr praCtiCEOn the good news front, the Law Society is looking at reforms to allow lawyers to delegate more duties to their paralegals. On the downside, we have only to look at WCB “advocates” and immigration “consultants” to see how far this can go if non-lawyer practice is supported by government.

JuStiCE SyStEM rEFOrMSerious, far-reaching reforms are clearly on the hor-izon – the Justice Review Task Force has proposed a “legal hub” of information and support for unrepre-sented litigants, and major changes to administrative process and procedures for people seeking resolution of civil matters. Change will occur within a relatively short timeframe, and lawyers need to have input into the end result.

LaW rEFOrMAn activist federal agenda has placed unprecedented demand on the National CBA for consultations and advocacy. Important legal questions at the Supreme Court of Canada often involve CBA interventions. Here in B.C., the CBA is asked by government to respond to all major legislative proposals, often on short notice. And the profession has its own propos-als for change – the CBA has proposed legislation to protect those whose retirement savings are in vehicles other than pensions.

thE nEEd FOr EngagEMEnt by thE prOFESSiOnWhen an incredibly fast pace of change becomes the norm, it becomes difficult to distinguish that which is important amongst the volume of “urgent” and “immediate.” The CBA exists to make sure that the legal profession’s interests are front and center on the most important issues of the day. Your support and involvement can make a difference – and is very much needed in these challenging times. BT

FEbruary 2007 volume 19, number 1

� BARTALK February 2007

FEbruary 2007 volume 19, number 1

guESt COntributOrS

15 hearing From Children takes a proactive approach by Suzanne Williams

16 Viva Lex Vegas review by James Bond

18 a day in the Life of an in-house Counsel One Lawyer’s Transition to In-house Counsel by Paul Reynolds

19 how to Explain Separation and divorce A New “Guide for Grown-ups” on FamiliesChange.ca by Laureen Tang

20 Changes in the practice of Law in the Last 50 years by David Chong

21 Ministry of attorney general Consultations on Legislation by the Civil and Family Law Policy Office

22 british Columbia Student Loan repayment Options for articling Students by Murray Coell

up FrOnt

4 From the president

5 Executive director

6 national news

8 Section update

10 practice talk by David J. Bilinsky

12 nothing Official by Tony Wilson

13 On the Web by Patricia Jordan

LEgiSLatiVE updatE

14 acts in Force

in thE baCK

23 Calendar

24 Member Services

25 bar Moves | bravo

26 partners | Membership Continuing Legal Education Society The Law Foundation of B.C.

28 Classified ads

uuu build in stretch breaks throughout the day. even a brief walk and stretch helps us mentally recharge and stay productive longer. uuu bring healthy snacks (raw veggies, fruit) and keep them at your desk for quick access. uuu Fill a large pitcher or water bottle with water each morning, and sip water throughout the day to prevent dehydration. often we overeat when we are dehydrated.

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� February 2007 BARTALK

zanzibar COnFErEnCE On LEgaL aid and aCCESS tO JuStiCE aLLan parKEr (VOL. 18, nO. 4)Allan Parker’s article on the Access to Justice Conference in Zanzibar (August 2006, p.21) caused me to reflect. I recently referred a woman from the Sechelt Peninsula to a downtown Vancouver family lawyer I knew. He told her, apparently, that he wanted a $10,000 retainer. Another man came in a few days later and told me that a Surrey lawyer would not touch his disability claim without receiving a $5,000 retainer. Another disabled Greek-Canadian client came in a few weeks ago and told me that his lawyer had taken, and enforced, a 40 per cent contin-gency to do a WCB claim. Perhaps we should be talking about Access to Justice in Vancouver, as well as in Zanzibar. Neither the B.C. nor the Federal government are doing anything significant to expand access to justice. Pro-bono is not the best or only answer either. – John Craig Paterson

Canadian bar Association, b.C. branch 10th Floor, 845 Cambie Street

vancouver, b.C. v6b 5T3Tel: 604-687-3404

Toll-free (in b.C.): [email protected]

barTalk is published six times per year by the Canadian bar Association, british Columbia branch.

BarTalk Senior Editors Caroline nevin Jesse Tarbotton

BarTalk Editor Deborah Carfrae

Staff Contributors Fran Hodgkins brian rodriguez

Editorial Board Chair David Dundee

Editorial Board Members James m. bond Jack micner Pamela murray Gurminder Sandhu barinder Sanghara veronica Singer Dierk ullrich miriam vale Craig Watson

© Copyright the british Columbia branch of the Canadian bar Association 2007.

This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel.

The Canadian bar Association, british Columbia branch represents more than 6,200 b.C. members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.

barTalk Publication Sales Agreement #40741008

CBABC’s MEMBER SErViCES aCtiVitiES FranK KraEMEr (VOL. 18, nO. 6)I was reading the recent BarTalk and saw Frank Kraemer’s article about the member services. I like the benefits of the member discounts and in particular, I have used it for Canucks tickets and Playland and plan to use it for ski tickets as well. I think it would be unfortunate to lose these benefits. – Brett A. Horton Director, Assyst Real Estate, Western Canada

Send your LEttErS tO thE EditOr to:Caroline nevin, barTalk Senior editorCanadian bar Association, b.C. branchFax: 604-669-9601Toll-free fax: 1-877-669-9601e-mail: [email protected]

Mark your Calendar! Cba/LMa Marketing boot Camp in VictoriaFriday April �0, �007 – One of the greatest challenges facing lawyers today is learning the effective use of marketing to support their achievement of professional goals.

our second boot Camp is designed to provide specialized training in marketing fundamentals and strategic planning. The program is structured to provide maximum one-on-one contact for participants with the seven legal marketing and business development professionals presenting.

This course will equip you with the critical knowledge and skills necessary to gain a professional advantage in growing your business. Watch for the CbA news and Jobs e-mail for further information or visit our website at www.cba.org/bc, look under “Spotlight” on the home page.

preserving independence of the Legal profession

The issue of governance of the legal profession is not hot right now. That makes this the

perfect time to make sure that we have it right, if we are to preserve independence and self-governance of the legal profession for the long run. A threat could appear at any time, and suddenly, as the recent experience in England and Wales has shown. We cannot afford to be complacent.

The public has an understand-able mistrust of self-regulation. The perception of conflict of interest is hard to avoid. The mistrust increases when the body responsible for regulation of the profession also represents the members of the profession in relation to their private interests. In his December 2004 final report on “Review of the Regulatory Framework for Legal Services in England and Wales,” Sir David Clementi said, “A key recommendation of this Review is that the regulatory and representative functions of frontline regulatory bodies should be clearly split.”

In this province, we have a clear and distinct separation between the Law Society, as the statutory regulator of the profession in the public interest, and the Canadian Bar Association, which has crucial public interest functions but is also the representative of the legal profession in relation to its private or business interests. We’ve gone one better than the recommendations made by Mr. Clementi: the regulatory and the representative functions are dealt with by separate organizations.

Other professions do not have such a clear separation between regulatory and representative functions. For example, all of the accounting profes-sion’s professional bodies have dual roles, and compete with each other for members and for prestige.

FrOM thE prESidEnt FriTS verHoeven

The government has greatly expanded the number of self-regulating professional groups. It is not surprising that issues arise concerning the effectiveness of the regulatory functions they perform. There is a persistent belief that out of self-interest some professions have been slow to recognize foreign credentials. The Ellison case led the editors of the Vancouver Sun to criticize the processes for discipline of teachers in B.C. Other regulators have not matched the Law Society’s level of openness and transparency

in relation to discipline matters, and this has also led to criticism. Veterinarians are suing their regulatory body, and opticians are complaining publicly about theirs.

Issues relating to governance of other professional organizations could lead to proposals for change that affect our own profession. Independence of the legal profession is a cornerstone of a free society, and in that respect the legal profession is unlike all others. However, the public does not necessarily share that view. Our best protection against a threat to our independence lies in effective regulation of the profession, a demonstrable avoidance of conflict of interest, and in having all parts of the legal profession working together to preserve our independence.

In that respect good relations between the CBA and the Law Society are vital, and are now excellent, thanks to a concerted effort by both organizations, and in particular by our most recent past presidents, Rob McDiarmid, QC of the Law Society and Meg Shaw of the CBABC. I look forward to continuing that positive relationship with current LSBC President Anna Fung, QC. Effective cooperation between the Law Society and the CBABC will serve us well in avoiding threats to independence of the profession, and in dealing with proposals for change should they occur. BT

Frits verhoeven President 2006/2007 b.C. branch Canadian bar Association


FrAnk krAemer, QC ExECutiVE dirECtOr

In two previous columns (October and December 2005) as well as on a regular basis to Provincial Council,

I have reported on the work of the National Futures Committee and its two reports “Crystal Clear: New Perspectives for the Canadian Bar Association” and “Crystal Clear: Strategic Directions for the CBA” (www.cba.org/Futures).

Following presentation of the second report to National Council in St. John’s, Newfoundland in August 2006, a National Strategic Planning Committee was struck chaired by National First Vice-President Bernard Amyot and made up of National Treasurer Jack Innes plus the previous members of the National Futures Committee. A draft plan has now been prepared and is being circulated for comment among the various Branches, Sections, Committees, and other parts of this

organization. The plan sets out 13 strategic objectives that are set out in the box below. Our provincial council will discuss this plan on January 27, 2007

If you are interested in seeing a complete copy of the draft Strategic Plan, please do not hesitate to contact me at: 10th Floor, 845 Cambie Street, Vancouver, B.C., V6B 5T3, tel: 604-687-3404, ext. 304, or e-mail: [email protected].

It is anticipated that the consultation process will be

concluded in sufficient time so that the Strategic Plan can be finalized and approved at the National Mid-Winter Meeting to be held in Mont Tremblant, Quebec from February 15-18, 2007. This Strategic Plan is a very important document and sets the direction for the next several years for the CBA. I commend it to each of you. BT

From Vision to reality

Frank kraemer, QC executive Director b.C. branch Canadian bar Association

Recruit New Members: The CBA will take specific recruitment and retention action to increase membership by a net 30 per cent over five years.

Build Knowledge About the Legal Profession: The CBA will be the authoritative source of information and expertise on the legal profession in Canada.

Achieving Best Value by Working Cooperatively: The whole CBA is committed to a philosophy of cohesiveness, collaboration, and transparency.

In order to deliver the best value to members, all constituent parts of the Association will work cohesively and collaboratively.

Communications: The CBA will listen to its members and be an effective communicator to demonstrate relevance and build loyalty to the CBA.

Professional Interest Advocacy: The CBA will be the national and international voice of the Canadian legal profession in order to protect its core values, promote the essential role of lawyers in society, and enhance the competitive advantage of CBA members.

Public Interest Advocacy: The CBA will advocate effective law reform and fair justice systems.

Professional Development: CBA will be recognized as a leading provider of relevant, accessible, and cost-effective professional development on law and practice matters affecting lawyers and the legal community.

Promote Equity and Diversity: The CBA will be a diverse association that facilitates and promotes equity and diversity in the legal profession and Canadian society.

Develop Specialized Member Services and Benefits: The CBA will provide each member with benefits and services that are meaningful and relevant to that member.

Futures Planning: The CBA will maintain its culture of effective futures planning.

Goodwill: CBA will manage its goodwill as a strategic asset.

Image: The legal profession, guided by the values of empathy, trust, and client service, will be respected by the Canadian public.

The Canadian Bar Association’s goal is to ensure that its image is based on fact and a sound understanding of the positive contribu-tions of the profession to society and in upholding the Rule of Law.

Organizational Excellence: The CBA strives for organiza-tional and leadership excellence.


pro bono is On the Mapearlier this year, Pro bono law of b.C. launched probonoMap.bc.ca – a new purpose-specific mapsite featuring an interactive and user-friendly “Google Map” of all free legal services provided in B.C. The mapsite includes pro bono clinics operated by Access Justice, Salvation Army, the UBC Law Students’ Legal Advice Program, and the University of victoria law Centre, as well as legal Services Society programs, courthouse programs, and advocacy programs.

For the first time in b.C., lawyers and the public have access to a single source for locating all of the pro bono programs and services available in b.C. (including a breakdown of specific program times, services, and contact information) on a scaleable map customized to each area of b.C. each featured program and organization also has access to the mapsite administration in order to update information as required.

probonoMap.bc.ca is the first-ever comprehensive and multi-party map of jurisdictional pro bono services in the world, and it serves as a testament to the ubiquitous and cooperative nature of B.C.’s pro bono service providers. it also provides an excellent opportunity for b.C. lawyers interested in providing pro bono services to locate clinics and programs in their areas. The mapsite is located at www.probonomap.bc.ca.

natiOnaL nEWS | EVEntS

Calgary 2007: august 12-14mark your calendar now for the 2007 CbA Canadian legal Conference in Calgary, August 12-14, 2007. Calgary’s own Juno Award winning singer Jann Arden headlines the entertainment roster and will perform on August 13. Peter lougheed, QC and Preston manning will educate and entertain at breakfasts on August 13 and 14, while author and visionary leonard brody will deliver remarks at the closing lunch on August 14. Confirmed panelists for Continuing legal education programs to date include mr. Justice John Gomery, norman inkster, mr. Justice Allen linden, madame Justice Denise bellamy, and Commissioner Graham Fraser. uuu Watch for details and registration information on the CbA website, www.cba.org.

dublin in 2009Dublin, Ireland will be the site for the CBA’s Canadian Legal Conference (CLC), August 16-18, 2009. The Board of Directors

unanimously confirmed the location after reviewing a report that recommended the Irish location based on member preference, ease of access, travel costs, and the support of the Irish Bar.

Ninety-three per cent of CLC attendees over the past five years, who responded to a March 2006 survey, chose Dublin as an appealing site. Eighty-seven per cent said they would combine the CLC with a vacation. Council approved an offshore location for the meeting three years ago. When the CBA held its meeting in London, England in 1990, it attracted a record 1,776 participants.

Kevin Carroll, QC to become national Second Vp; Wayne Onchulenko, treasurer

Kevin Carroll, QC of Barrie, Ontario will become the Second Vice-President of the CBA. He won the position by acclamation, which becomes official at the CBA Mid-Winter Meeting of Council in Mont-Tremblant, Quebec, on February 18.

Kevin Carroll, QC officially begins his climb up the ladder to the CBA presidency during the 2007-2008 term, and will become CBA president in August 2009. He brings both Branch and National experience to the position of Second VP. He served as President of the Ontario Branch in 1993-1994 and served several terms on CBA Council and the National Executive Committee.

Wayne Onchulenko of Winnipeg has been acclaimed CBA Treasurer for a three-year term beginning in September. Wayne Onchulenko is a Past President of the Manitoba Bar Association and a former member of the National Finance Committee. He succeeds Jack Innes, QC of Halifax who has served as National Treasurer for the past five years.


natiOnaL nEWS

new Federal Minister of JusticeThe new year brought a new face to the federal cabinet: Rob Nicholson has succeeded Vic Toews as Minister of Justice. CBA President J. Parker MacCarthy, QC welcomed Rob Nicholson’s appointment. “The CBA values its ongoing relationship with the Minister of Justice,” said Parker MacCarthy.

“We make more than 70 submissions an-nually to the federal government, so dialogue is a critical part of the mandate. We look for-ward to working with Minister Nicholson.”

Cba to intervene at SCC in ChristieThe CBA has been granted leave to inter-vene in Attorney General of British Columbia v. Christie. The case involves the constitu-tionality of a tax on legal services that was introduced by the B.C. government in 1992. The late Dugald Christie challenged the tax, alleging that it denies access to justice, contrary to the rule of law and the Charter. The B.C. Court of Appeal agreed that the tax is unconstitutional.

The CBA’s main objective in the inter-vention is to encourage the Supreme Court of Canada to uphold the appeal court decision. The CBA also wants to assist the Supreme Court to further develop the principle that access to the courts means more than physical access. Counsel for the CBA’s legal aid test case – J.J. Camp, QC, Melina Buckley and Sharon Matthews (acting pro bono in the intervention), have identified Christie as an opportunity to build their arguments for civil legal aid.

The CBA factum was filed in December and the court has granted leave to make oral arguments. The appeal will be heard on March 21, 2007.

advocacy in Criminal Justice, rule of Law The CbA will be speaking out on the following subjects during the current Parliamentary session:

• Bill C-�� (age of protection). Proposes to raise age of consent from 14 to 16 years, with a five-year “close in age” exemption. The National Criminal Justice Section plans to support this amendment because it is tailored to achieve the goal of better protecting children.

• Bill C-�� (impaired driving). introduces changes to specifically target drug impairment. The national Criminal Justice Section agrees with the goal of prohibiting drug-impaired driving, but cautions that measures that extend beyond current technology for reliably measuring and identifying drug impairment will create litigation and cause delays in the administration of justice.

• Bill C-�7 (dangerous offenders and recognizance to keep the peace). Proposals would amend the dangerous offender and long-term offender provisions to introduce a presumption that an offender will be treated as a “dangerous offender” if charged with a third serious personal injury offence, after two prior convictions for such offences. Preliminary discussions indicate that the Section finds the current regime to operate effectively, and perceives this bill as very complex.

• Bill C-�� (reverse onus in bail hearings for firearm-related offences). Proposes that an offender charged with serious offences involving a firearm will have to prove that pre-trial detention is not required.

• CBA’s International Development Committee (IDC). The House of Commons Committee on Foreign Affairs is studying Canada’s role in international support for democratic development abroad. iDC appeared in late January to say that Canada’s efforts to promote democracy will be most successful if its assistance is centred on supporting good governance, which includes a significant focus on building the rule of law. CbA explained the links between the rule of law, democracy, good governance, and development. it also shared international best practices on how to promote the rule of law and drew implications for Canada’s future work in this area.

7 February 2007 BARTALK

CoMMERCiAl And REAl EstAtE – VAnCouVER islAnd/CiVil litigAtion – VAnCouVER islAnd JOint MEEting: november 9, 2006SpEaKEr: Harold rusk, Cardinal law tOpiC: Foreclosures: basics and beyond This meeting was a “must” for anyone new to foreclosure or anyone seeking a refresher. Mr. Rusk has extensive experience representing both institutions and individuals in matters concerning foreclosure law. The topic was of interest to solicitors and litigators from the Commercial and Real Estate Section and the Civil Litigation Section who all gained insight into developments in law as well as a first hand view on the legal process and procedure involved at the court level.

CRiMinAl JustiCE – ViCtoRiA MEEting: november 16, 2006 SpEaKErS: Dirk ryneveld, QC, Police Complaints Commissioner, bruce brown, Deputy Commissioner, Adrian brooks, QC tOpiC: Complaints of Police misconduct and report on Proposed Federal legislation

Dirk Ryneveld, QC and Bruce Brown gave a presentation on the structure of the Commission and the complaints process. Mr. Ryneveld also commented on changes that he would like to see on the powers and procedures of the Commission in order to increase its effectiveness and its independence from the police. Adrian Brooks, QC, a local defence counsel is also a member of the CBA National Criminal Justice Section that responds to proposed legislation and provides information to Parliament on the CBA’s position. Mr. Brooks explained that the

SECtiOn updatE

CBA’s position is always well respected and often persuasive. The work of the National Section is an important voice for all lawyers and its work has had a significant effect on proposed crime- related legislation.

FAMily lAw – VanCOuVEr MEEting: october 24, 2006 SpEaKErS: r. Craig neville, Watson Goepel maledy and John-Paul boyd, Aaron Gordon Daykin tOpiC: retroactive Child Support – D.b.S. v. S.r.G. 2006 S.C.C. 37; legislative Amendments

This well attended meeting of Section members heard Craig Neville give an informative and inter-esting presentation on retroactive child support. The paper entitled “Retroactive Child Support Going Forward” prepared by Mr. Neville and Jennifer Bergman outlined the current state of the law regarding retroactive child support in light of the recent Supreme Court of Canada decision in D.B.S. v. S.R.G.; L.J.W. v. T.A.R.; Henry v. Henry; Hiemstra v. Hiemstra, 2006 SCC.37. JP Boyd followed this presentation with a summary of recent legislative amendments in his ‘Legislative Amendments Roundup’ circulated to all in attendance.

hEaLth LaW MEEting: november 27, 2006 SpEaKEr: Dr. brian emerson, b.C. ministry of Health tOpiC: B.C. Public Health Legislation Renewal – a new Public Health Act

Before joining the B.C. Ministry of Health as a Medical Consultant, Dr. Emerson was a Medical Health Officer on Vancouver Island. Currently, Dr. Emerson is the Chair of the Working Committee for the new Public Health Act. At this meeting, Dr.

Section update Keep your practice current

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.

Find out what you’re Missing!Attend one free Section meeting if you are not a CbA member. view the Calendar of upcoming meetings being held by B.C.‘s 66 Sections online at www.cba.org/bc under Sections. December’s barTalk included a form to attend a complimentary Section meeting. Check us out!


Emerson discussed the policy, goals, and objectives of the new Public Health Act with a very informative PowerPoint presentation.

intErnatiOnaL LaW MEEting: november 21, 2006 SpEaKEr: David matas tOpiC: using international law in Canadian litigation

Mr. Matas, a well-known practitioner in the areas of refugee, immigration, and human rights law, addressed the International Law Section on the use of international law in domestic litigation. In particular, Mr. Matas discussed the use of international law sources, the problems confronting counsel who seek to use these sources and the rules for their application in Canadian law. Mr. Matas drew on his wealth of personal experience arguing appeals before the Supreme Court of Canada to illustrate the potential, and the pitfalls, of applying international law in Canadian litigation.

LabOur LaW MEEting: november 14, 2006 SpEaKErS: michael W. Hunter, QC, Fasken martineau Dumoulin llP, Charles r. Gordon, Fiorillo Glavin Gordon tOpiC: “Has the LRB fallen off the radar screen?”

As a follow-up to the McKenzie v. Minister of Public

Safety and Solicitor General et al. (2006) BCSC 1372 decision the speakers were invited to discuss whether the British Columbia Labour Relations Board enjoys the proper safeguards of independence from government, the role of the Board, and such matters as the funding of the Board and the appointment and renewal process of Vice-Chairs. BT

What is the role of a Section Legislative Liaison?CbAbC legislative liaisons advise their Section members about changes in statutes, bills, and regulations provided by the b.C. branch legislative and law reform officer. They often give oral reports at regular Section meetings on legislative initiatives or communicate updates by e-mail. To keep up-to-date in your practice areas enrol in Sections now! Print a form from our website www.cba.org/bc or call the branch office at 604-687-3404 or toll free at 1-888-687-3404.

SECtiOn updatE | MEMbErShip

nEW MEMbErSThe CBABC Branch welcomes its newest members! The following new members joined in the months of November and December of 2006:

MiChaEL S. Finn ICBC-Litigation Department-Victoria Victoria

aMir ghahrEMan Lawson Lundell LLP Vancouver

aLiSOn KEarnS Fasken Martineau DuMoulin LLP Vancouver

andrEW S. KOCzErzuK RCMP-E Div HQ Ladysmith

daWn M. KuEhn Wilkinson & Company Kelowna

Sarah bEVan Hunter Litigation Chambers Vancouver

JaSMinE dadaChanJi McConnan Bion O’Connor & Peterson Victoria

OLiVEr dEgEEStLawson Lundell LLP Vancouver

Karin EMOndLawson Lundell LLP Vancouver

raMin ErFaniFar Windsor Law Group Victoria

Regular Members

Shauna tOWriSS Clark Wilson LLP Vancouver

adaM K. uELand Whitelaw Twining Law Corporation Vancouver

Chad g. andErSOn Farris, Vaughan, Wills & Murphy LLP Vancouver

JOnathan p. arnOLd Staples McDannold Stewart Victoria

Sarah batut Fasken Martineau DuMoulin LLP Vancouver

paVEL bOubnOV Government of Yukon Whitehorse

MaggiE CaMpbELL Davis & Company LLP Vancouver

continued on page ��

Karina LEWin Munro & Crawford Burnaby

Sarah g. MarSdEn Suleman & Company, Canadian Immigration Lawyers Victoria

aMy nathanSOn Lawson Lundell LLP Vancouver

JaSOn pagE Borden Ladner Gervais LLP Vancouver

hELEn raChEL parKEr Vancouver

narindEr KuMar riShi Apna Rishi Law Office Vancouver

MEghan J. SELingEr Baker Newby LLP Abbotsford

aniLa SriVaStaVa Lawson Lundell LLP North Vancouver

JuStin S. thind Singh Abrahams & Joomratty Surrey

Articling Students


A tempest Blows through… Proposed changes in competition and regulation

Today there is much talk about the rapid changes in the environment. For lawyers, however,

discussion of change typically takes place at a more sedate level – akin to glacial change. This is no longer the case in England and Wales where, on November 24, 2006, the government published the Legal Services Bill, currently before the House of Lords, setting out its proposals for the regulatory reform of legal services. This Bill, if passed, will have a definite and dramatic impact on the legal profession within England and Wales – but the blast radius of this Bill will be much much wider.

The Regulatory Impact Assessment (RIA) that was developed for the Bill is insightful with regard to the motivations behind the proposed changes in the Act. For example, section 1.26 provides:

“In March 2001, the Office of Fair Trading (OFT) identified a number of rules of the legal professions that were potentially unduly restrictive, and that may have negative implications for consumers by affecting the quality and price of legal services.8

The OFT recommended that the legal professional rules should be fully subject to competition law and that unjustified restrictions on competition should be removed.

8 Office of Fair Trading, March 2001, “Competition in Professions” – www.oft.gov.uk/ NR/rdonlyres/B08439C8-C5F6-4946-8AFF-71C050D34F46/0/oft328.pdf.”

praCtiCE taLK DAviD J. bilinSky

The RIA continues:“1.29: Markets in which com-

petition is weak not only allow inefficient firms to survive, but can also weaken their incentives to innovate. In the extreme, firms in an uncompetitive environment can use market power to raise prices and restrict output, and hence earn higher profits at their customers’ expense.”

“1.31. However, lawyers’ customers often lack the detailed knowledge necessary to make an accurate assessment of the value for money of the services they procure,

and whether the legal advice and re)presentation they have received can resolve their problems. In addition, the “credence” nature of legal services means that even after the consumer has received the expert advice, they may still be unable to judge the quality of the advice or representation received.

1.32. The problem is exacerbated by the fact that many legal services are purchased infrequently, which means that consumers do not have the opportunity to compare the quality of advice they received against previous purchases. Therefore, the legal services market fails to deliver efficient out-comes, as it does not display the characteristics of a free market.”

The Bill is based on the “Competition and Regulation in the Legal Services Market” report prepared by Sir David Clementi. His report has many implications from a legal practice management perspective. For example, he stated that:

“Business practices have changed. In particular, the skills necessary to run a modern legal practice have developed; but while those with finance or IT skills may sit on the management committee of a legal firm, they are not permitted to be principals in the business.

David J. bilinsky is the Practice management Advisor at the law Society of b.C. e-mail: [email protected]

Get on up, look around,can’t you feel the wind

of change?

Words and music by barry and robin Gibb,

recorded by The bee Gees

10 BARTALK February 2007

quality legal services, but of reinforcing this at all “points of contact” between the consumer of legal services and the legal system.

Thirdly, the legal profession will be under increased pressure to be sensitive toward and inno-vative in terms of the delivery of legal services to all markets. It is no longer acceptable to leave gaps where identifiable groups of consumers are unable to obtain legal services in a cost-effective manner. For example, it may be time to undertake a dialogue on how to deliver legal services to the middle class in a manner that is perceived to be both cost-effective and results in a high degree of goal satisfaction.

Fourthly, it may be appropriate to start a dialogue on how to provide law firms with

greater access to capital markets, thereby separating law firm

ownership and finance from management

and administration, and providing the

capital necessary to bring about a more flexible approach to the d e v e l o p m e n t and innovation of legal services and products. F u r t h e r m o r e ,

as noted by Sir David, it may be

time to allow non-lawyers to take

equity positions in law firms, provided that the

independence of the profession and the standards of the profession

are maintained.Regardless of the final disposition of the Legal

Services Bill, it is apparent that if we take a moment and look up from our desks, we can feel the winds of change blowing through the halls. BT

There is concern also about whether the restrictive practices of the main legal professional bodies can still be justified….”

Sir David’s recommendations included, in part, that non-lawyers be involved in management and ownership of law practices (emphasis mine).

Regardless of whether one agrees with the statements in Sir David’s report, one certainly senses the perception that now is the time for changes to be wrought to the legal profession. It is interesting that at least some of the changes lie precisely in the area of practice management and the delivery of legal services. The Bill itself, in section 1, sets but the seven regulatory objectives of the Bill, two of which are: “(c) protecting and promoting the interests of consumers; (d) promoting competition in the provision of services within subsection (2);”

What are the lessons to be gained from this Bill and the Clementi report? The first is that unless the legal profession itself changes to meet the demands of an increasingly demanding con-sumer culture, those consumers will seek change through other means, perhaps in ways that will fundamentally affect the legal profession as we know it today. There is certainly a power shift today toward the consumer, partly due to the Internet and partly due to the erosion of the image of the profession generally.

Secondly, the “soft” skills in the delivery of legal services – namely the ability to communicate at all times that the consumer has received high-quality legal services – will be increasingly important. This is no longer a matter of competitive advantage – we need to raise awareness among all lawyers of the fundamental importance of not only delivering

TecH TIP

The views expressed herein are strictly those of the author and may not be shared by the author’s employer, the law Society of b.C.


courTeSy of cHrISToPHer doll

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hook up your peripheral devices to your computer?

Older operating system? No need to upgrade, instead check out the

laCie Hub, which comes with four uSb ports and two FireWire ports to con-nect up to six devices simultaneously. it works with everything from Windows

98 Se to mac oS X! Available early February 2007 uuu www.lacie.

com/products/product.htm?pid=10854.

there’s no Business like show Business Immortality for Difficult Colleagues

One of the more exas-perating things about this profession is if given the choice

between catching the flu or dealing with certain lawyers on the opposite side of a file, many of us would just as soon pick the flu. You can take drugs to deal with the flu, you get to stay in bed for a day or two and work from home if you have to, and the flu eventually goes away. Not so with Difficult Lawyers. Although I’m lucky enough in my practice area not to have to deal with Difficult Lawyers very much, everyone has to deal with them at some point in their career, (and if you’re really unfortunate, regularly).

These lawyers are one part prima-donna, and two parts egomaniac, (and surprising-ly, they aren’t all just from Toronto!). These are the ones your colleagues moan about as they walk down the halls of the office mumbling to themselves “Oh no, not again;” looking to the heavens and asking the Gods why they’re being punished. Again. These are the ones who don’t return calls. They confirm things in correspondence that were never agreed to (or said). They don’t move the file forward. They take aggressiveness pills with their coffee. They disagree with what may have been agreed to the day before. They yell on the phone. And they certainly wouldn’t be on your list of lawyers you could share a drink with when the file’s over, because the file’s never over. Fortunately, there aren’t many of these lawyers around, but we all know their names, don’t we?

If there’s not much we can do about them in this life, perhaps something can be done about them in the next. I’ve imagined putting the names of my less than favourite colleagues on the card that’s given out at Gunther von Hagen’s “Body Worlds” so they’ll

nOthing OFFiCiaL Tony WilSon

be solicited to have their mortal remains plasticized and displayed at places like Science World when they die. A hit wherever it shows, Body Worlds left Vancouver in January, attracting almost 300,000 attendees to view bodies in various states of preserved dis-assemblage. By putting their names on the “take me when I’m dead” list, you’d be doing your difficult friends a favour, as plastination is cheaper than a casket burial or cremation and someone else would be paying for it! Better yet, because your friends’ mortal remains are lac-quered with chemical preservatives, they could have some degree of immortality traveling the continent like some pickled rock star (not unlike Keith Richards during the

last Stones tour).Having recently seen all the fun the skinned and

disemboweled corpses were having on skateboards, engaged in archery and gymnastics and perched on balance beams, it struck me that plasticization offered more fun in the afterlife than some people have in the current one. As for my Difficult Lawyer colleagues, I’d want them with their feet up on their desks, on the phone yelling at some other lawyer while the passers-by could inspect various anatomical details in the search for the heart, the brain, and the largest organ, the ego.

Body Worlds’ most interesting display, however, was mounted on the wall in a special frame like an autographed Canucks jersey. Eight feet high, and without any other bodily parts to suggest it was once attached to a human, it was the digestive tract from tongue to anus, with the entire colon unraveled in all its glory. Although all the subjects were anonymous, I have to admit, this one did have a passing resemblance to a Difficult Lawyer I have dealt with in the past. BT

Tony Wilson is a Franchise Trademark and iP lawyer in Vancouver. He’s written for the Globe and mail and macleans magazine, and would prefer that his remains be scattered over lac lugano rather than mounted on a wall in Science World. e-mail: [email protected]

1� BARTALK February 2007

Marketing your Firm online – Part 1

PATriCiA JorDAn On thE WEb

Think of your website as a virtual receptionist. A well-designed site can be your greatest

marketing tool and can help you increase your business. Being open 24/7, your site can add immediate value to your practice. Smart sites incorporate client interactivity through the use of blogs, extranets, RSS (Really Simple Syndication) feeds and webinars. Increasingly, law firms in Canada are adopting blog technology as a useful and proactive tool to provide commentary or news on a particular subject. Extranets contain file information that clients can securely access online. RSS is an easy method to use for news content distribution that allows you to read news headlines from your desktop without having to browse the Web. Webinars are interactive client seminars that are conducted over the Web.

buiLding a WEb prESEnCEIf you are unsure how to begin, start with the basics. Identify who your target audience is, then visit other sites to see what works and what doesn’t. How easy is the site to navigate? Can you find the information you need? Are the main categories intuitive? How long does it take for a page to download? You have 5-10 seconds to grab their attention so your site must be user-friendly. Avoid using unnecessary graphics and flash, as they can impede a site’s performance. If you consistently click the “Skip Intro” link, then assume visitors will do the same on your site. Keep it simple and update often to maintain a competitive edge.

Ask your receptionist to provide you with the ten most commonly asked questions and then include that information under a “Frequently Asked Questions” page. List your representative clients

and provide examples of successful transactions and court decisions. Your site should have a clear client focus and respond to client’s needs. Provide legal information and publish articles online. Use fonts that are easy to read such as Arial, Universal or Times and refrain from using “under construction” pages. Design for clients who may be using earlier, slower technology and ensure your site resizes auto-matically for various screen resolu-tions (800x600, 1024x768, etc). Use plain language and avoid legalese. Offer a print friendly version as not everyone reads online.

WEbSitE biOgraphiESEvery lawyer needs a well-crafted biography. Your online bio should be consistent with your firm’s message in tone and style. It should include your profile, practice areas, representative experience, professional and community activities, and education and Bar admission. Assume a potential client may scan your bio rather than read it word for word. Keep it brief. A bio tailored to a practice area speaks directly to a client with a specific need. If you have several practice areas, create multiple bios and link each bio to the relevant area of practice. Use a sidebar to highlight specific practice experience. BT

SitE du JOur the Law Society of b.C. professional Conduct handbook, Chapter 14: Marketing of Legal Servicesu u u www.lawsociety.bc.ca/publications_forms/handbook/chapter-14.html

in april bartalk read part 2 of Marketing your Firm online. i’ll cover search engines, keywords, online statistical tracking, surveys and more.

Patricia Jordan is the CbAbC manager, interactive media. She welcomes your comments, questions and suggestions. Tel: 604-646-7861 e-mail: [email protected]

1� February 2007 BARTALK

LEgiSLatiVE updatE ACTS in ForCe

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

aCtS in FOrCE

budgEt MEaSurES iMpLEMEntatiOn aCt, 2006, S.b.C. 2006, C. 2 (biLL 2)

Section 6 is in force December 4, 2006. Sections 29 and 30 are in force January 1, 2007

FOrEStS and rangE StatutES aMEndMEnt aCt, 2006, S.b.C. 2006, C. 13 (biLL 9)

Sections 7 to 9 and 18 are in force December 6, 2006

CurrenT From NOVEMBER 7, 2006 – DECEMBER 31, 2006

legislative update is provided as part of the CbAbC legislative and law reform program. it is a service funded by CbA membership fees, and is therefore pro-vided as a benefit of CbA membership. The full version of legislative update is now published online, available to CbA members exclusively at www.cba.org/bc.

MEdiCarE prOtECtiOn aMEndMEnt aCt, 2003, S.b.C. 2003, C. 95 (biLL 92)

Sections 10 and 11 are in force December 1, 2006

MiSCELLanEOuS StatutES aMEndMEnt aCt, 2006, S.b.C. 2006, C. 15 (biLL 15)

Section 33(a) repealing the description of Sudeten Park, in force December 22, 2006

pubLiC SaFEty and SOLi-CitOr gEnEraL StatutES aMEndMEnt aCt, 2006, S.b.C. 2006, C. 28 (biLL 31)

Sections 70 and 71 are in force January 1, 2007

rEprESEntatiVE FOr ChiLdrEn and yOuth aCt, S.b.C. 2006, C. 29 (biLL 34)

Sections 1 to 5, 7 to 9, 15, 17 to 21, 22 (2), 23 to 25, 29, 30 and 32 to 35 are in force November 21, 2006

Law Week 2007This year’s Law Week theme is “Access to Justice” and we will be celebrating the 25th Anniversary of the Canadian Charter of rights

and Freedoms. The following are some of the law Week events being planned across the province: • Open House – Prince George – March 23rd A law Day open House will be held at the courthouse and will include a Citizenship Court, a bbQ, mock trials, poster and public speaking contests, displays by local community services, presenters on a variety of justice related topics, and hourly draws. • Fun Run – Locarno Beach Park, Vancouver – April 1st A law Day open House will be held at the courthouse and will include a Citizenship Court, a bbQ, mock trials, poster and public speaking contests, displays by local community services, presenters on a variety of justice related topics, and hourly draws. • Dial-A-Lawyer – Province Wide – April 21st • Open Houses – Vancouver, Victoria, Dawson Creek, and Fort St. John – April 21st • Student Mentor Program – Lower Mainland – April volunteers are needed to spend a half-day with high school students or attend a high-school class. Detailed information about all Law Week events and volunteering opportunities, as well as information about how to become a Law Week sponsor, can be found at www.bclawweek.org.

L A WW E E K


SuzAnne WilliAmS guESt

“Where children’s rights are at stake, perhaps more than any-where else, reactive legal solu-tions are inadequate. It takes

proactive attitudes in lawyers and judges to bring children’s problems to light and to find solutions to them.” Chief Justice beverley mclachlin,

Supreme Court of Canada

B.C. lawyers and judges can be proactive in supporting a child’s right to participate in family justice proceedings. How best to do it remains a challenge for most. This is a finding in, Through the Eyes of Young People: Meaningful Child Participation in B.C. Family Court Processes – www.iicrd.org/familycourt, a report of the International Institute for Child Rights and Development (IICRD) based at the University of Victoria, and part of a project funded by the Law Foundation of British Columbia. Key advisors to the project include Hon. Chief Judge Hugh Stansfield of the Provincial Court and B.C. lawyers.

The report captured views from more than 150 B.C. lawyers, judges, children, and service providers involved in family justice matters. It draws on law supporting children’s participation, as well as research highlighting the protective nature of children’s par-ticipation and its positive impact on decision-making and determining a child’s best interests. Despite these positive findings, improvements are needed in B.C. to overcome barriers such as a fear of harming children, lack of time, lack of resources, and lack of training for those speaking to or impacting children.

Some barriers are addressed in a proactive practice in Kelowna that involves an independent party interviewing a child affected in a custody/access case and providing the judge with the child’s

views for consideration. Together with members of the Kelowna legal community, and in particular the CBABC Family Law and Alternative Dispute Resolution sections, clinical counsellors and judges, IICRD built on this practice to create the “Hear the Child” interview pilot. This involved creating a roster of interviewers, providing inter-viewer training, establishing a system for the verbatim views of children aged eight and older to be obtained and provided to the parties and judge, and raising awareness within the legal com-

munity. Initial feedback and support by the B.C. Attorney General resulted in the pilot being extended from three months to one year ending in 2006. While the pilot has concluded, many participants are continuing the practice because of it benefits. IICRD will release an evaluation of the pilot in 2007.

Better equipping lawyers and judges is a starting point for proactive attitudes on children’s participation, particularly when just one caring adult can make a positive difference to a child’s experience. According to one child, “I was so happy that someone was listening to me finally. You know, of all the people involved [social workers, foster parents, etc.], he [the judge] treated me as if I was an intelligent young man which was very different than my other experiences where people in the system were treating me as a young child.” Education, training, practice standards, and a framework for all stakeholders are some of the ways that the adults can be better equipped. In this regard, IICRD is developing education modules that will be piloted and launched in partnership with the Continuing Legal Education Society of B.C. in 2007. BT

hearing From Children takes a proactive approach

Suzanne Williams is a lawyer and Deputy and legal Director of the international institute for Child rights and Development (iiCrD) based at the Centre for Global Studies at uviC.


Viva Lex Vegas review

Flashing lights, ringing bells, confetti cannons, intriguing speakers, comfy beds, great food,

friendly faces, good laughs, and a great location.

For those of you who were unable to join more than 70 of your colleagues from around the province (and elsewhere) in Las Vegas, Nevada in November, that’s the quick 20-word summary of the CBABC inaugural Conference, “Viva Lex Vegas.”

It was only about eight months ago that the Executive Committee of the CBABC decided to try something a little different, and hold a conference that com-bined continuing legal education program-ming with social and networking opportuni-ties in a location that would be appealing to our members.

What eventually became known as “Viva Lex Vegas” was in many ways a first for the CBABC, but was also in some ways a return to its recent history, and previous “Mid-Winter Meetings” which were held annually in vari-ous locations around the province. The goal was to put together

an enjoyable legal education program in an interesting location that appealed to membership from across the province, whether they be sole practitioners, in- house counsel or members of firms.

A Conference Committee was quickly struck and set to work (Jennifer Weber, Brian Rodriguez and Frank Kraemer, QC of the CBABC office, together with Joshua Barwick, an enthusiastic practicum student from my office at Lang Michener LLP and myself). Six

months of frenzied planning later, over 70 partici-pants (and more than 30 spouses and signifi-cant others) converged at the Mirage Resort in Las Vegas Nevada. The educational program-ming was staged over two days, and consisted of a combination of top-rated local speakers and internationally known-speakers from around the United States. The formal continuing legal edu-cation programs ran for slightly over a half-day on each day (ending with a keynote lunch), so that parti-cipants had ample time for socializing.

An effort was made to give participants part of the afternoons

guESt JAmeS bonD

James m. bond CbAbC executive officer viva lex vegas Conference Chair

top left: CbAbC executive Director Frank kraemer, QC thanks speaker bill kaplan, QC. top right: Delegates networking during lunch. bottom left: David bilinsky addresses Technology issues for lawyers. bottom right: James bond thanks popular speaker berkey belser of Greenfield belser, ltd.


it, so electronic surveys were sent to all participants in the week following the Conference. We had a 42 per cent response rate on the survey, and we are pleased to report that the Conference itself, as well

as the location, the programming and the socializing all received extremely high marks. In fact, 98 per cent of the respondents were “Satisfied” or “Very Satisfied” with the exper-ience, and 100 per cent of the respondents thought the event should be held again.

So for those of you who missed “Viva Lex Vegas” in November, and for those of you who joined us in Las Vegas and told us to do it again, MARK YOUR C A L E N D A R S and set aside your budgets. Planning

is underway for “San Francisco Style,” the 2nd Annual CBABC Conference, November 15-18, 2007 in San Francisco, California. BT

off for socializing and sightseeing, and evening programming was centred purely around enter-taining and networking. There was little “old Las Vegas glitz” (mixed in with some “old Las Vegas cheesi-ness”) at the opening cocktail reception, which was held at the Liberace Museum on Friday night. Saturday night’s closing dinner was the perfect combination of great food and brilliantly funny speeches (thanks to the Honourable Mr. Justice Rice and the Honour-able Wally Oppal, QC). The grand finale of the con-ference for many was attendance at the new Cirque de Soleil production of “LOVE,” set to the music of the Beatles and punctuated by confetti cannons and streamers.

The Conference Committee was eager to determine whether participants in Viva Lex Vegas had as much fun attending as we had planning

20th annual West Coast Leaf Equality breakfastMarch 1�th, �007Sheraton Wall Centre, Vancouver, B.C.

West Coast leaf is honoured to have dr. Sarah Weddington, counsel in the landmark roe v. Wade case as the equality breakfast keynote speaker. Dr. Weddington is an

internationally known attorney and spokesperson on women, leadership, and public issues. She is believed to be the youngest person ever to win a case before the u.S. Supreme Court. She is well known for her work on issues affecting women, and has been featured in Time magazine, The Today Show and Good morning America. For

tickets and more information contact [email protected] or call 604-684-8772 ext. 116.

top left: Survey said: Fantastic Location – The Las Vegas Strip. top right: James bond channels liberace during the Welcome Cocktail reception. bottom left: CbAbC executive officer Arlene Henry, QC and friends at lunch. bottom right: Cirque de Soliel’s “LOVE” was a fitting finale.


a day in the Life of an in-house Counsel One Lawyer’s Transition to In-house Counsel

A&W’s counsel, Joel Guralnick has a job that allows him to be involved with many

aspects of the business while con-tinuing to be a lawyer. After ten years in private practice, he wanted to go in-house but at a head office with a strong executive team – not a branch or Canadian sub. As Manager of Administrative and Legal Services for A&W Food Services of Canada, Inc., he has met his goal of being involved in the stra-tegic front end of transactions, not just negotiation and documentation.

He says, “In-house counsel must be generalists but also spe-cialize in areas of most importance to their industry.” With A&W’s strong brand and 670 restaurants across Canada, his special areas are franchising, real estate and trademarks.

A&W uses a team approach in management. Guralnick finds himself called into various ad hoc teams to give his input. After only a year at A&W, he has been involved at one time or another in every team in the organization.

His job is characterized by a high volume of transitory matters each day and week. “I am involved with so many issues across the organization. However, the volume of matters necessitates a practical and speedy assessment before decisions are taken and the team moves on to other matters. This contrasts with external counsel who typically get called on larger transactions.”

Policymaking, policy compliance, and corporate governance are huge parts of the job. He deals with departments and teams to make sure that there are policies in key risk areas. He also is active in assisting

with policy implementation. For example, when Ontario enacted franchise legislation, policies had to be devised and rolled out in order to comply. As a major franchiser, A&W often reviews and revises its standard franchise and related agreements. These documents are a key part of the business as almost all A&W restaurants are owned by franchisees.

Litigation is rare and Guralnick never goes to court. While Guralnick is involved in disputes, where litigation cannot be avoided, it is referred to outside counsel. When selecting outside counsel, Guralnick has a database of potential lawyers and firms. A&W does not have one or even a few firms who get most of their legal work. They prefer to

use the best lawyer in each province for a particular issue. Guralnick makes active use of a network in the industry and among franchisors.

The transition to in-house work has been eased by his use of networks and mentors. Lawyers at other food companies are graceful in offering each other assistance and tips. He also sought early help from senior mentors here and in the U.S. Guralnick says, “Jon Festinger, now with the Orca Bay organization, has been a great source of advice. He has both business and legal experience and was one of my law teachers.”

In-house positions are now highly sought and in B.C., we have seen a mini-boom in organizations adding in-house counsel. This is evidenced in the growth of involvement in organizations serving corporate counsel and in the large number of positions advertised in the CBA’s mailings coming with each issue of BarTalk. BT

guESt PAul reynolDS

Paul reynolds is a former general counsel to three multi-national corporations. He serves as secretary to the Canadian Corporate Counsel Association in b.C. and consults to companies and directors on managing legal risk. He can be reached at [email protected].


The FamiliesChange.ca website, developed in partnership with the Law Courts Education

Society of B.C. and Ministry of Attorney General, now offers information to adults on how to explain separation and divorce to their children.

Designed to compliment A Kids’ Guide to Separation and Divorce, the Guide for Grown-ups explains how to make effective use of the FamiliesChange.ca website. It also provides a list of resources that explore the subject of separation and divorce.

Although some parents work out the details of their break-up amicably with minimal involvement of courts and lawyers, others seek legal counsel to help them resolve their disputes. Regardless of the situation, the guide suggests using caution when referring to legal matters surrounding the separation or divorce in front of children.

The law sections of the Kid’s Guide are excellent resources that clearly explain the legal process surrounding separation and divorce to children. Children can learn what it means to separate or divorce, and the difference between the two. Key words are also offered to give children an understand-ing of what their parents mean when they discuss custody, access, child support, mediation, separation agreements, and divorce. The website also provides information about the differences between common-law and marital relationships, including the fact that the same custody and access laws apply to both.

The Guide for Grown-ups recommends handling conversations with children about the law and separation or divorce with sensitivity – the finality of the break-up may “hit home” for many children once legal matters start being discussed. By reviewing this

guide, parents prepare themselves for the emotion and confusion often experienced by children during this difficult time.

Professionals who deal with families experiencing separation or divorce can access the websites, which were carefully crafted with child development expertise. They provide clear and objective information in a way that appeals to young people. The Kid’s Guide has colorful graphics and cartoon characters to lead children through the site. It is available in both an

HTML version and an animated Flash version.The websites are intended to help facilitate

explaining the process of separation and divorce to kids and youth. They may be used to introduce legal information, or to guide children, youth, and parents in furthering their understanding.

While the laws surrounding separation and divorce can also be intimidating for parents, addi-tional resources such as the Family Justice website at www.ag.gov.bc.ca/family-justice/ offers information about the legal processes involved in ending both common-law and marital relationships in British Columbia. Please visit www.familieschange.ca for more details on how families can deal with separation and divorce. BT

how to Explain Separation and divorce A New “Guide for Grown-ups” on FamiliesChange.ca

laureen Tang Communications Project manager law Courts education Society of b.C. (lCeS)

lAureen TAnG guESt

The law Courts education Society of b.C. is a non-profit organization providing educational programs and services about the justice system in Canada and british Columbia. We help the public under-stand how the justice system works and we also help those people working within the system to better understand the justice-related issues that different people in each community face. Please visit www.lawcourtsed.ca for more information.


Changes in the practice of Law in the Last 50 years

There have been many changes, one of the most obvious of which is in the field of office

equipment. The manual typewriter was replaced by electric typewrit-ers, word processors, and comput-ers. High-speed photocopiers and printers replaced carbon paper and mimeographs.

Communications are infinitely more efficient even if I find ten digit telephone numbers impos-sible to remember. Facsimiles, e-mails, and couriers have largely replaced Canada Post.

In 1958 I was Junior Defence Counsel in an Assize Court trial. Douglas Brown, QC, a leading lawyer of the time was Senior Crown Counsel. He, his Junior Counsel, my Senior Counsel, and I were having coffee together when the subject of office equipment was raised. Mr. Brown said that his office had an amazing new machine that automatically typed one’s spoken words. This was in the days when an IBM Selectric was still a radical innovation. I couldn’t resist joining in the leg pulling and pointed out that the genealogy section of the machine was very important. I explained how it recorded the speaker’s age, gender, education, racial background, place of birth and other personal information so that the machine could make the necessary adjustments for accents.

I don’t suppose that dictation equipment has yet attained the degree of sophistication we joked about half a century ago but I have had dealings with a lawyer whose whole office seemed to be in a laptop computer. His mailing address was a Post Office Box and he communicated by e-mail and cell phone.

As great as the changes have been to the equipment used in the practice of law, they are not greater than the changes in the law itself. There are many refinements and developments to the laws that existed 50 years ago. There are new areas of law, such as Aboriginal Law, Constitutional Law, Human Rights, Environ- mental Law, Internet Commerce, to name only a few.

In 1955, there were approxi-mately 700 lawyers in British Columbia, today the number approaches 11,000. Advertising was prohibited. Regulators now must monitor not only the

advertising in traditional media but also on the worldwide web. I don’t think that in the 1950s anyone could have predicted the quantity and nature of today’s advertising.

Andrew Joe was called to the Bar in 1953. I believe he was the first person from any visible minority to become a lawyer in British Columbia. There were 68 persons in my graduation class (UBC Law 1954), five were women. On November 1, 2004, there were 724 students in UBC law school (all years) of which 393 were women (54.4 per cent).

I am not aware of any statistics pertaining to the ethnicity of students or lawyers but I have heard that a group known as Chinese Law Students at UBC annually sponsor a dinner which is attended by hundreds of students and lawyers.

Women and members of all minority groups now serve at nearly every level of the Bench and Bar. Indeed the President of The Law Society of British Columbia, Anna Fung, QC, is a timely example. BT

guESt DAviD CHonG

David Chong was born in lytton, british Columbia in 1933. Attended ubC (Arts 1954, law 1954). Called to b.C. bar 1955. Currently an associate at Chen & leung, oakridge Centre, vancouver, b.C.

�0 BARTALK February 2007

The Ministry of Attorney General’s civil and family law policy office is requesting feedback on several potential areas of law reform. The public and legal

community are invited to review the ministry website at: www.ag.gov.bc.ca/legislation/index.htm, which contains links to reports and discussion papers relating to the following consultations:

truStEE aCt In 2004, the British Columbia Law Institute (BCLI) issued a report entitled, “A Modern Trustee Act for British Columbia.” The report represents the work of representatives of the practicing Bar, organizations in the trust industry and financial sector, as well as the legal academic community. The ministry is reviewing the report and BCLI recommendations and invites comments on the report by March 1, 2007.

WiLLS, EStatES, and SuCCESSiOn LaWIn 2006, the BCLI issued a report entitled, “Wills, Estates and Succession: A Modern Legal Framework.” This report was developed with the aid of volunteers from the practising wills and estates Bar, the Society of Notaries Public of British Columbia and legal academics with expertise in succession law. The ministry also invites comments on this report by March 1, 2007.

LiMitatiOn aCt The ministry has prepared a green paper, at the above-noted website, on possible reforms to the Limitation Act to address the following concerns:

• the Limitation Act is over 30 years old and has not been comprehensively reviewed since its introduction;

• other provinces, such as Alberta, Saskatchewan, and Ontario, have recently modernized their limitations laws;

• the Uniform Law Conference of Canada has put forward a model limitations statute as

a framework to harmonize limitations law across the country;

• the B.C. Law Reform Commission and the BCLI recommended reform of the Limitation Act in 1990 and in 2002;

• individuals and organizations have been petitioning the province for change.

FaMiLy rELatiOnS aCtLast February 1, the ministry announced the start of a multi-year review of the Family Relations Act. The goal of this comprehensive review is to modernize the law and support co-operative approaches to resolving disputes, in a statute that is easy to read and understand.

The first year of the review has been devoted to research. The review moves into the consultation stage in 2007. The ministry will be posting discussion papers on the above-noted website in three phases – winter, spring and fall:

• Winter – division of property, division of pension entitlement and judicial separation.

• Spring – parenting after separation (including issues relating to custody, access, guardianship, access enforcement and family violence) and children’s participation (voice of child).

• Fall – legal parentage, support, co-operative approaches and other issues not included in first two phases.

In addition to the web-based consultation, Nancy Cameron, QC, has been engaged to facilitate consultation meetings with various groups, including the Canadian Bar Association British Columbia family law and alternative dispute resolution subsections.

Feedback on all of these consultations will be considered as the ministry develops potential options for legislative changes to these Acts. If you have questions about any of these initiatives, contact the civil and family law policy office by e-mail at: [email protected] or by phone at 250-387-4576. BT

Ministry of attorney general Consultations on Legislation

Civil AnD FAmily lAW PoliCy oFFiCe guESt

�1 February 2007 BARTALK

Student loans are often a per-son’s first experience with the complexities of borrowing money – and with repaying

their debt once they are finished their post-secondary education.

The British Columbia govern-ment is committed to helping all borrowers manage their student loan debt, no matter what program they have chosen to prepare for their future. While people are in full-time studies, the government pays the interest on outstanding student loans, and also has a loan reduction program that forgives some of the principal for students in greatest need.

Once formal studies have ended, both the provincial and federal governments offer programs to help people handle their debt and maintain their credit rating as they start out in their new occupations.

In British Columbia, 90 per cent of former students who have taken out loans make their regular monthly payments on time. But sometimes, through no fault of their own, they may have difficulty with their loan obligations.

This province has programs to help – including interest relief, principal deferment and extended amortization. Most of these programs are available to law students who are articling, as well as students in co-ops or medical residencies.

The B.C. interest relief program helps former students who are having difficulty repaying their B.C. student loan because their income is low. Three criteria are taken into account: their combined minimum monthly payment on the B.C. and Canada student loans, their gross monthly family income, and the number of people in their household.

Although some articling students may qualify for interest relief, most do not, based on their

income and total student debt. The average articling student in B.C. earns between $36,700 and $45,000 per year and the average debt for those students with loans is $34,943.

For those whose family income is too high to qualify for interest relief, however, British Columbia has two other programs: principal deferment and extended amorti-zation. The principal deferment program allows payments on the principal of B.C. student loans to be deferred temporarily. Under the

extended amortization program, borrowers may extend the repayment period for their B.C. student loan up to 20 years, providing their principal pay-ment does not fall below $25 per month.

The B.C. Student Loan Service Bureau stays in touch with every student who receives a B.C. student loan, and works with them to consolidate their loans and arrange for repayment when they approach graduation.

Comprehensive information is also provided online at www.aved.gov.bc.ca. Students can click on the student financial assistance link to find answers to such questions as “What is capitalized interest?,” “What is amortization?” and “What will my payments be?” A brochure – The Guide to Repaying Your B.C. Student Loan – is sent to every student, and extra copies are available from the Ministry of Advanced Education.

For copies of the brochure, or more infor-mation about B.C. student loan debt manage-ment, contact the B.C. Ministry of Advanced Education at 604-660-2610 in the B.C. Lower Mainland, 387-6100 in Victoria, and toll-free at 1-800-561-1818 from anywhere else in B.C. or Canada. BT

guESt murrAy Coell

british Columbia Student Loan repayment Options for articling Students

murray Coell minister of Advanced education and minister responsible for research and Technology

�� BARTALK February 2007

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February 12 CBABC Executive Committee Meeting (CBABC Boardroom)

February 13 Lawyers Assistance Program of British Columbia: Life Balance for Lawyers

February 13 New Westminster Bar Association Meeting (Westminster Club)

February 14 Lawyers Assistance Program of British Columbia: Burns Book Group

February 15-18 CBA Mid-Winter Meeting (Mont Tremblant, Quebec)

February 20 Lawyers Assistance Program of British Columbia: Life Balance for Lawyers

February 28 Fraser Valley Bar Association Meeting (Melange Restaurant, Langley)

February 28 Lawyers Assistance Program of British Columbia: Burns Book Group

March 5-6 International Bar Association 12th International Wealth Transfer Practice Conference (London, England)

March 7 Lawyers Assistance Program of British Columbia: Burns Book Group

March 8 Cowichan Valley Bar Association Meeting (Silver Bridge Inn, Duncan)

March 9-10 CBA National Aboriginal Law Conference (Fairmont Hotel, Winnipeg)

March 12 CBABC Executive Committee Meeting (CBABC Boardroom)

March 13 New Westminster Bar Association Annual Presidents’ Dinner



February – March 2007

CaLEndar

annual bench and bar dinner november 23, 2006 Hosted by the Canadian bar Association b.C. branch and the law Society of b.C., the 22nd Annual bench and bar Dinner was held on november 23, 2006 at the Fairmont Waterfront Hotel. The event offered members of the legal profession and the judiciary a unique opportunity to enjoy an evening of good company and conversation while joining the CbA executive, Provincial Council members, and law Society benchers in paying homage to two worthy award recipients.

in the presence of more than 370 members of the legal profession, Thomas berger, oC, QC received the Georges A. Goyer, QC memorial Award, the highest honor the

CbAbC bestows. mr. berger was nominated for the honour by several distinguished judges and lawyers who applauded “his commitment, his passion, and above all his integrity.”

Charles locke, QC, a former b.C. branch President, was presented the law Society Award for outstanding contributions to the cause of justice in British Columbia. He was lauded as “a professional of unimpeachable good character.” CBABC President Frits Verhoeven and co-host Robert McDiarmid, QC expressed the gratitude and appreciation of the profession to both award recipients.

Thomas r. berger, oC, QC receives the Goyer Award from CbAbC President Frits verhoeven

�� February 2007 BARTALK

MEMbEr SErViCES

alpine resort Ski/Snowboard passes Get yours now, these will sell out fast!We’re just halfway through the season, and British Columbia’s world renowned winter sport resorts are getting record snowfall. CbA members throughout the province get some of the best deals around. Whether you spend your winters at scenic Sun Peaks, breathtaking Silver Star, unforgettable Big White, thrilling Mount Washington, or home of the 2010 Winter olympics Whistler/Blackcomb, there is a resort near you where your CbA membership gives you more than you expect-ed for less than you bargained for. Check the “Member Savings” section at www.cba.org/bc.

big WhitE / SiLVEr Star aLpinE rESOrtSWhen it comes to snow, it’s tough to beat Big White and Silver Star. With Big White’s world famous “Snow Ghosts,” Silver Star’s Victorian-inspired accommodations, and both of their breathtaking scenery, it is no wonder that people come from around the world to visit these two world renowned ski resorts. both mountains are conveniently ski-in/ski-out, so the fun never has to stop. The two mountains have been under the same ownership for five years, meaning you get to experience the best of both, and as a CBABC member, you’ll get it for 10 per cent less. visit the “Member Savings” section at www.cba.org/bc.

MOunt WaShingtOn aLpinE rESOrtThe “Mountain on the Island” has seen incredible growth in its 27 year history, and shows no signs of slowing down. Mount Washington Alpine Resort, located right near the popular Comox valley, is a fully serviced Alpine resort located on vancouver island with over 1,200 acres of terrain to

tackle, and CbAbC members can now save 10 per cent on every Single-Day lift ticket. visit the CbAbC member Savings page online to get yours.

Sun pEaKS rESOrtBy far the “sunniest” Alpine Resort in British Columbia, with over 2000 hours of sunshine each year, Sun Peaks Resort boasts more than just great mountain weather.

With 121 trails to choose from, there is something for everyone here, and its

only getting better. The resort is in the middle of huge expansions

that will ultimately encompass five mountains, two villages, and one unforgettable experi-ence. CbAbC members get even more out of this already incredible resort by getting a full-day of skiing or snow-

boarding for the Half-Day ticket price. visit the “Member Savings”

section at www.cba.org/bc.

WhiStLEr bLaCKCOMbWhat can you say about the home of the

2010 Winter Olympics that hasn’t already been said? As one of the world’s top Alpine Resorts, Whistler Blackcomb has a reputation for exceeding expectations, and now CbAbC members can be blown away for even less. members save up to 25 per cent off the ticket window price on lift tickets, eDGe cards, and equipment

rentals. visit the “Member Savings” section at www.cba.org/bc.

Personalized lawyers’ Cases by bugatti

The Canadian bar Association is pleased to continue offering the astoundingly popular selection of Personalized Lawyers’ Cases by Bugatti. We are offering a selection of quality,

genuine leather bags that can all be personalized with your

name, initials, law firm or logo, and all at a heavy discounted price.

bugatti bags make perfect great gifts for others, and when you see them, you won’t be

able to stop yourself from treating yourself too. Details can be found online in the “Member Savings” section at www.cba.org/bc.


EdWard (tEd) g. MarK has joined the firm of McQuarrie Hunter as associate counsel. Ted practices at McQuarrie Hunter’s 144th Street, Surrey office in the areas of corporate/commercial law, wills, estates and trusts.

MEgan L. bErntt has recently joined the firm of McDonald & Company in Vancouver where she will continue to apply her business law experience in their many negotiations with industry on behalf of their Aboriginal clients.

grant WOng has joined Lang Michener LLP as an associate counsel in the Vancouver office. He joins the thriving U.S. Securities Group to advise Canadian and U.S.-based clients on cross-border securities and corporate finance matters.

F. andrEW SChrOEdEr and MOniQuE pOngraCiC-SpEiEr are pleased to announce that they have entered into partnership as Schroeder Speier, Barristers & Solicitors, with Arnold P. Berry as Associated Counsel to the firm.

KriStian p. JEnSEn and E. darLEnE MCbain, formerly of Jensen Carroll Watt, formed their own law firm Jensen McBain Lawyers. They continue to practice law in the areas of Personal Injury, Civil Litigation, and Family Law.

JOan yOung has moved to Heenan Blaikie LLP where she will continue her practice in employment law, public law, and civil litigation.

Shauna tOWriSS has joined the firm of Clark Wilson LLP as an associate where she will be practicing in the area of general corporate and commercial law.

McQuarrie Hunter welcomed aLExandEr d.C. KaSK into the Partnership. He practices in the areas of business litigation and dispute resolution, insur-ance and personal injury litigation, human rights and employment law.

SharOn MaCMiLLan will practise as a commercial and real estate solicitor with the firm of Goodwin & Mark in New Westminster.

On Oct. 26, 2006, ChriStOphEr LEMOn was appointed General Counsel and Corporate Secretary of International Forest Products Limited. Previously he was Corporate Counsel.

Davis & Company LLP is pleased to announce that gLEnn KuMOi, formerly of MDSI, has joined the firm as Associate Counsel in the Vancouver office.

Davis & Company LLP (Vancouver office) is pleased to announce that the following individuals have joined the Partnership: rhyS daViES, QC, Litigation, Pension, and Benefit Trusts, Wills, Trusts and Estates; LLOyd hOng, Securities and Corporate Finance, Corporate/Commercial, Mining; rOgEr LEE, Litigation, Wills, Trusts and Estates.

rhOnda E. QuintOn has joined the firm of Findlay Gunnell Sandor in Maple Ridge where she will continue her Wills and Estates practice.

iSabEL StraMWaSSEr has left the firm of Howard Rubin, QC and joined the firm of Findlay Gunnell Sandor, where she will continue her litigation practice.

bar Moves Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to bar moves at [email protected].

u

ubar MOVES | braVO

Louise Kim is an associate at edwards, kenny & bray llP. over the past year, louise has provided pro bono representation to dozens of tenants of a richmond apartment complex. The landlord issued eviction notices to the tenants claiming that their rental units required vacant possession due to renovations. louise succeeded in defending the tenants’ case at arbitration and in the b.C. Supreme Court.

The landlord has since appealed the b.C. Supreme Court decision, and louise is now representing the tenants pro bono in the b.C. Court Appeal. in all, louise has provided well over a hundred hours of pro bono legal services in support of the tenants’ fight to remain in their homes.

At edwards kenny Bray, Louise’s litigation practice otherwise focuses on contract disputes, employment law, family law and general civil litigation matters. louise was also elected as Treasurer of the Civil litigation Canadian bar Association Section.

�� February 2007 BARTALK

CbabC partnErS | MEMbErShip

CLEbC updateCLEbC burSary prOgraM ExtEndEd tO SuppOrt StaFF

The Continuing legal education Society of b.C. has extended its bursary Program to include legal support staff. legal support staff are entitled to the bursary, which provides a 50 per cent discount on registration fees for up to three courses per year (for a maximum duration of five days), if they are employed by or working under a lawyer in good standing with the law Society of b.C., and both the staff member and the lawyer/employer indicate that the staff member would not be able to attend the course without the bursary. lawyers are required to be in good standing with the law Society and unable to attend a course without financial assistance in order to qualify for the bursary. bursaries awarded to non-lawyers will not count against a lawyer’s personal bursary quota.

ClebC provides the bursary as part of its efforts to offer outstanding support to the legal profession, and to help members of the profession access ClebC products and services. more details and an application form are available on CLEBC’s website at www.cle.bc.ca/Cle/Courses/bursary.htm. Alternatively, contact customer service at 604.893.2121 (toll-free 1.800.663.0437 extension 2121).

ShannOn niCOLa SaLtEr Farris, Vaughan, Wills & Murphy LLP Vancouver

MiChaEL JaMES SChaLKE Fasken Martineau DuMoulin LLP Vancouver

Laura traCK Vancouver

ningyan Wang Davis & Company LLP Vancouver

angELa bLaKE Burnaby

tErranCE COdy Surrey

andré duChEnE Vancouver

ManJit grEWaL Burnaby

daria pOLiKarpOVa Vancouver

KarEn SLaughtEr Vancouver

SaLLy MCdOW Vancity Vancouver

rEbECCa CarrOLL Davis & Company LLP Vancouver

CaMErOn ELdEr Harper Grey LLP Vancouver

WEiguO hE Davis & Company LLP Vancouver

niChOLaS t. hOOgE Farris, Vaughan, Wills & Murphy LLP Vancouver

LiSa KErr Fasken Martineau DuMoulin LLP Vancouver

ann LErChS Johnston, Johnson & Co Summerland

JEnniFEr r. LOEb Bernard & Partners Vancouver

MargOt LOrayES Specht & Pryer Vancouver

ann MaddEn Fasken Martineau DuMoulin LLP Vancouver

Oana MattMan Davis & Company LLP Vancouver

MELiSSa niCOLLS Vancouver

riChard t. pantOn Farris, Vaughan, Wills & Murphy LLP Vancouver

SaLLy rudOLF Vancouver

SaMiEn SaFaEi Fasken Martineau DuMoulin LLP Vancouver

Articling Students

Section Enrolment bOnuS OFFEr Winners 2006/2007

CbA members who enrolled in Sections on or before August 15, 2006 were eligible for the draw to win the “Early Bird Sign Up Bonus Offer” of two gift certificates toward CLEBC products and two complimentary one-day ClebC courses. There were 2,302 Section members entered in this draw. The winners are: 1. Gift certificate for $700 to be used toward any CLEBC product(s) of the winner’s choice: Winnie Sung, boughton law Corporation 2. Complimentary registration to a regular, one-day ClebC course: Miriam Vale, koffman kalef llP 3. Complimentary registration to a regular, one-day ClebC course, Glen A. Purdy, majic Purdy 4. Gift certificate for $300 to be used toward any CLEBC product(s) of the winner’s choice: R. Alan Hambrook, Hambrook & Company The CbAbC, once again, wishes to thank ClebC for their generous donation.

Law Students

Associate

continued from page �


grantS apprOVEd

$20,800 b.C. FrEEdOM OF inFOrMatiOn and priVaCy aSSOCiatiOnLaw Reform/Public Legal Education Program

$14,300 dEbatE and SpEECh aSSOCiatiOn OF b.C. Law Foundation Cup Debates

Funding totalling $390,000 was approved for the following four new one-time project grants:

$150,000 thE LEgaL hiStOriCaL SOCiEty OF britiSh COLuMbia Research and Writing a History of the B.C. Court of Appeal

$100,000gREAtER VAnCouVER lAw studEnts’ LEgaL adViCE SOCiEty Public Interest Articling Fellowship

$90,000WEStErn Canada SOCiEty tO aCCESS JuStiCE Transitional Grant

$50,000COMMunity LEgaL aSSiStanCE SOCiEty Public Interest Articling Fellowship

Funding totalling $337,775 was approved for the following three new project grants under the Child Welfare Fund Initiative: Focus on Alternative Dispute Resolution and Aboriginal Children:

$192,775inStitutE FOr diSputE rESOLutiOn, uniVErSity OF ViCtOria Family Group Conference Research Project

$80,000OKanagan natiOn aLLianCE Mobile Outreach Family Group Conferencing Project

$65,000intEriOr MétiS ChiLd and FaMiLy SErViCES SOCiEty Alternate Dispute Resolution Project

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

The Board of Governors of the Law Foundation of B.C. met on November 25, 2006 and approved funding for a number of continuing programs and projects.

Chair Warren Wilson, QC is pleased to announce that funding totalling $4,202,120 was approved for the following 17 continuing programs:

$3,272,500 LEgaL SErViCES SOCiEty Operating Grant

$136,900b.C. COaLitiOn OF pEOpLE With diSabiLitiESAdvocacy Access Program

$166,920gREAtER VAnCouVER lAw studEnts’ LEgaL adViCE SOCiEtyOperating Grant

$103,300downtown EAstsidE REsidEnts’ aSSOCiatiOnAdvocacy Services Program

$84,600LaW FOundatiOn Lay adVOCaCy EduCatiOn and training Fund Education and Training for Law Foundation-funded lay advocates

$65,500uniVErSity OF britiSh COLuMbia, FaCuLty OF LaWFirst Nations Clinical Program

$65,000LaW SOCiEty OF britiSh COLuMbiaCANLII Virtual Law Library

$60,800LaW COurtS EduCatiOn SOCiEtyNorthern Public Legal Education Program for First Nations Communities

uniVErSity OF britiSh COLuMbia, FaCuLty OF LaW$60,000 Graduate Fellowships$29,000 Undergraduate Scholarships$25,000 Project Grants$13,500 Entrance Awards

uniVErSity OF ViCtOria, FaCuLty OF LaW$30,000 Graduate Scholarship Program $29,000 Entrance and Renewal Scholarships $25,000 Project Grants

notice of new agreement banK OF MOntrEaL

law Foundation Chair, Warren Wilson QC, commends the bank of montreal for its commitment to paying a competitive rate of return on lawyers’ pooled trust accounts. recognizing the overall impact of protracted low interest rates on the law Foundation’s revenues, a new interest rate agreement was recently concluded.

Thanks go to marie noel, Commercial banking and Area manager, Cash management, for the leadership shown in making this new agreement possible.

increased revenues enable the law Foundation to fund programs that make the justice system accessible to british Columbians, particularly those people who have the greatest access problems as a result of their economic, social, physical or mental special needs. The funded programs include professional legal education, public legal education, law reform, legal research, legal aid and law libraries.

The Canadian bar Association (b.C. branch), the law Foundation, and the law Society encourage lawyers to consider which financial institutions provide the best support to the law Foundation when deciding where to place their trust accounts.

�7 February 2007 BARTALK

CLaSSiFiEd adS FebruAry 2007

CLaSSiFiEd (per line) CbAbC members/Firms $25 Commercial organizations $50 next deadline: march 9

diSpLay3” x 2.5”CbAbC members/Firms $450Commercial organizations $900

6” x 2.5”CbAbC members/Firms $810Commercial organizations $1,620next deadline: march 9

inSErt (all of b.C.)CbAbC members/Firms $1,200Commercial organizations $2,400next deadline: march 17next mailing: April 9

direct bartalk advertising inquiries to: Jesse Tarbotton Communications Co-ordinatorTel: 604-646-7856 or 1-888-687-3404e-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. Practice restricted to Intellectual Property. Victoria, B.C. (www.BCpatents.ca) E-mail: [email protected].

ELdErCarE aSSESSMEnt, COnSuLting, CarE ManagEMEnt, SEMinarS. Diamond Geriatrics, Inc. www.diamondgeriatrics.com. 604-874-7764.

OFFiCE SpaCE aVaiLabLE

Busy solicitor seeking litigator with own support staff to share space in character style building in Mission. Growing community, expanding practice, location secured long-term, some referral opportu-nities. Contact: [email protected].

Office For Rent – 1040 West Georgia Street. Large “corner” office; Secretarial station optional; Available February 1, 2007; Includes Reception and board room access. Contact Bruce McLeod at [email protected], or Eva at 604-682-3133; 604-682-3161 (Fax); [email protected].

FOr SaLE

Executive desk and 3 chairs $2500 obo 604-889-1310.

Barristers & SolicitorsCell 604-868-3034 Fax 604-264-6133

[email protected]

Ishkanian & Company

604-267-3033

Sec. 257 Determinations, Opinions and CourtApplications on referral

Claims and appealsVice Chair at Review Board for 6 yearsMore than 25 years personal injury litigation

Practice Restricted To WCB

Endorsed by:

Visit Us Online:

J. GORDON THOMSON

B A R R I S T E R & S O L I C I T O R

R E G I S T E R E D P A T E N T A G E N T

R E G I S T E R E D T R A D E M A R K A G E N T

L A W CO R P O R A T I O N

Practice Restricted to Intellectual Property Law

Phone: (250) 418-3250E-mail: [email protected]

ASSOCIATE POSITION Berge Horn offers a broad range of legal services for

the Okanagan Valley from its office in Kelowna. We have an immediate opening for an experienced associate lawyer. Please send your resumé to:

Berge Horn Lawyers & Trade Mark Agents Attention: Firm Administrator 2nd Floor, 215 Lawrence Avenue Kelowna, B.C. V1Y 6L2or e-mail to [email protected]

BERGE HORNLAWYERS & TRADE-MARK AGENTS

CBABC 2007 DIRECTORY

www.bccbadirectory.org


bartalk | february 2007

Documents

voice of lawyers

lawyers transition

national cba

cba interventions

realities of lawyers

legal practice

important legal questions

important issues