Published by Law Courts Center MARCH 2016

Recognizing that “Afamily in crisis findslittle support in our

justice system. It is too cum-bersome and too expensive.”,Law Society of BC presidentDavid Crossin, QC bloggedto the profession to take alook at the merits of offeringunbundled legal services. Letme share with you AmiciCuriae's experience in usingunbundled legal services tohelp temporary foreign work-ers (TFWs), mostly Filipinos,complete their uncontesteddivorce applications in orderto sponsor their children aspart of their immigrationapplication.

The TFW clinic is one of thesix Amici Curiae clinics. Itbegan its pilot operations lastMay 2015.

Setting aside the challenge ofcrafting a legal means toapply and be given a betterthan a reasonable chance ofbeing granted a Canadian

divorce order that will satisfyCanadian immigration lawrequirements, in order toexclude the former estrangedspouse from their permanentresidence, and eventually,sponsorship application for amoment, for these TFWs, thechallenge is having to navi-gate Canada’s laws (ieDivorce Act RSC 1985 andthe Immigration and RefugeeProtection Act); BritishColumbia’s laws (ieEvidence Act RSBC 1996,Family Law Act SBC 2011)and its Supreme CourtFamily Rules; there are also jurisdictional issuesinvolving Philippine law.

It is complicated

These TFWs are more likelyto be caregivers who assistBritish Columbians in caringfor our infirm, elderly andyoung families. They arelikely to hold at least twojobs. Some hold three. Theyhave no choice but to be self-represented.

A senior judge who helpedus in planning our clinic,described family law formsas prescriptive, so we identi-fied the 8 stages (plus two:amending and renewing)necessary to file a TFWuncontested divorce application, Amici Curiaedesigned appointments basedon these 8 unbundled stages.Admittedly, the paralegalswho help craft these stagesthought I had lost it when Ifirst suggested unbundling.

The results thus far havebeen encouraging. Here arethree:

1. It has made bookingappointments and preparingour volunteers so much

easier. Once our volunteerscleared their conflict checks,they are assigned a client andtheir stage number. Our vol-unteers know that the clientwill be referring to a check-list for that specific stagewhich sets out what docu-ments need to be brought totheir next appointment.

2. As each session is about toend, our volunteers refertheir client to the checklist,remind them of what thenext stage is and what theyneed to do and how muchtime they have to completethat stage. The checklist minimizes the amount ofverbal instructions for thethem to remember.

(continued to page 3)

w w w . l a w c o u r t s c e n t e r . c o m

N e w : J o b P o s t i n g S e r v i c e

Mar 8 Access to Justice Issues for Women in the Downtown Eastside Part 2: Affidavit Writing

Mar 10 Public Speaking Workshop for Support StaffMar 23 Part 7 Benefits 101Mar 29 Judge Buller: First Nations CourtApril 12 Judge Silverman: TMCs & CPCs for SRLsApril 14 Public Speaking Workshop for Support StaffApril 15/16 Civil Litigation 102April 18 The Long Journey to Redress -

Responsibility of Our ProfessionApril 21 Heads of Damage 101April 25 Law Accounting 101 in-personApril 28 Trust Accounting 101 (in-person & webinar)May 17 Aboriginals as SRLsMay 26 History and Legacy of the Residential SchoolsMay 30 Assessment of Costs - A RefresherJune 16 Inclusion & Diversity in the Bench

Unbundled Legal Services from the Lens of an Amici Curiae SRL client

New SCBC Rules Effective July 1, 2016 Notable lectures: April 12 & May 30

The Truth and Reconciliation Commission’s recommendation #27 calls upon law societies toensure that lawyers have education and training in intercultural competency, that includes thehistory and legacy of residential schools, and in skills related to human rights and anti-racism.

Here are two events in BC that might be of interest to you. All events are available in person or by web.

Proceeds from this event will fund the Temporary Foreign Worker Uncontested Divorce project of theAmici Curiae Probono Paralegal Programme.

TRC & Law 101: First Nations Court A View from the Bench March 29, 2016 Tuesday 5:30 to 7:30pm Join Provincial Court of BC Judge Marion Buller as she discusses the role of the First NationsCourt in providing support and healing to assist in rehabilitation and reducing recidivism. Learnhow the FN courts are able to acknowledge and repair the harm done to victims and the community.

Nine years and a half ago, First Nations Court opened in New Westminster. It is a sentencing courtfor self-identified First Nations people, referred to as clients, who plead guilty to offences overwhich a Provincial court judge has jurisdiction.

$125.00 per person in-person or by webinar.CPD: 2.0 hours including 1.0 hour in client relations, ethics and professional responsibility.

Diversity Dialogues 107: Our Journey to Obtain Redress Lessons for the Legal Profession April 18, 2016 Tuesday 5:30 to 7:30pm In aspiring to meet recommendation #27, we can learn lessons from other examples of historicracism and exclusion, including the treatment of Japanese Canadians in World War II. In 2012, theUniversity of British Columbia acknowledged 76 Japanese Canadians who were expelled from UBCin 1942 and were precluded from completing their studies.

Join UBC Ombudsperson Shirley Nakata LLB and community activists Mary & Tosh Kitagawa asthey discuss their work to spur UBC to act. Why did it take four years from the date the universitywas initially petitioned to the date of Senate’s final motion? What specific steps did UBC take, howeffective have they been and what can we learn from those steps?

Did the legal profession have any responsibility or duty to support the UBC initiative? What are thegaps in understanding and awareness amongst the legal profession of the 1942 expulsion, as well asother racist events in BC history? What is the responsibility of the Law Society in settingprofessional standards to ensure that every person admitted to the profession has had a foundationaleducation about the experience and history of Indigenous and racialized people in B.C.?

$125.00 per person in-person or by webinar.CPD: 2.0 hours including 1.0 hour in client relations, ethics and professional responsibility.

Note: Previous Diversity Dialogues are available for viewing. http://tinyurl.com/lccdiversitydialogues

Law Courts Center

Dialogue Series 2016

RATES: (any materials will be provided electronically and taxes included) GST R128573300

REGISTER: www.lawcourtscenter.com PAYMENTS Please make the cheques payable to Law Courts Center and return to: Law Courts Center 150 - 840 Howe Street, Vancouver, BC V6Z 2L2.

For more information please email <dom@lawcourtscenter.com>, or call 604-685-2727. v1603

B!201603

We are not borninto this worldwith equal oppor-

tunities. Women as a groupexperience some commoninequalities but somewomen experience moreprivilege or oppression thanothers.” What a powerfulopening message fromAmber Prince, AtiraWomen's Resource Society(Atira) duty counsel.According to the CanadianWomen’s Foundation,women who leave a partnerto raise children on theirown are five times morelikely to live in poverty thanif they stay with their part-ner. Consequently, womenwho experience violence aredisproportionally more like-ly to need assistance withfamily law issues and poverty law issues.

Atira is a not-for-profitorganization committed toending violence againstwomen and children. Atirais community based andprovides support to anywoman who lives full timeand identifies as a woman.Through a feminist philoso-phy, Atira supports womenand their children impacted

by violence by providinghousing, counselling, education, and advocacy.Atira takes a non-judgmen-tal approach and meets thewoman where she is at inher life. Atira hires womenwith lived experience and isrepresentative of the diversity of the women thatit serves.

Since 2004, Atira has provided a Legal AdvocacyProgram for low incomewomen in the DowntownEastside. The program isfunded by the LawFoundation of BC and provides free legal advocacyto these women. In the lastfiscal year 1,169 womenreceived assistance throughthe program. The programhas one full time lawyer,Amber Prince and is runwith the assistance of volunteers, students and acontract lawyer. Womencan obtain free summaryadvice in the followingareas: welfare, disability,tenancy, human rights, FOIrequests, minor civil orcriminal matters, policecomplaints, animal law,some Aboriginal law issues,simple wills, some familylaw matters, and CFCSA(MCFD) issues. We alsoprovide free notary services,and subject to our capacity:advocacy and representationat tribunals. In exceptionaland limited circumstancesthe program can also pro-vide court representation infamily cases (such as feewaiver applications andsimple divorces) and admin-istrative law cases (such asJudicial Reviews).

Amici Curiae has opened aparalegal pro bono clinic toassist Atira’s LegalAdvocacy Program in helping women in theDowntown Eastside.

On February 8, 2016,Amber spoke to AmiciCuriae volunteers aboutworking with women in theDowntown Eastside. Thepurpose of the lecture wasunderstand the commonbarriers that these womenface and the impact thatviolence has on them.Women in the DowntownEastside have to cope withpoverty, a lack of familysupport, health issues,parental responsibilities anddiscrimination. Poverty is abarrier for these womenbeing able to afford legalcounsel which causesaccess to justice issues.Unfortunately, legal services for family law,poverty law, and for victimsof violence are limited.

Advocates are helpful, however, most are notlawyers, cannot give legaladvice, unable to providecourt representation, do notcover all areas of povertylaw and are not available in

The Disproportionate A2J Challenges of Women in the DTES2 A C C E S S T O J U S T I C E S T U D I E S

every community. Someplaces do not have an advocate, or can only provide summary advice oradvocates are limited bywhat practice areas they arecompetent in.

The poverty law bar isextremely limited and service providers are generally limited to particular issues or systemicissues and are overwhelmedwith the demand for services. It can take amonth to book an appoint-ment with an advocate, butconsider that some evictionnotices can take place in aslittle as 5 days; or welfareappeals must be submittedin 7 business days.

The gaps are concerning. Itis going to be interesting tosee how Amici Curiae canaugment the existing services that Atira providesto women in the DowntownEastside. !

Jimelle Gallagher helpedwrite this article. She is anarticling student atAssociation of ProfessionalEngineers and Geoscientists.She co-manages the AmiciCuriae BWSS clinic.

BC Civil LitigationGuide $500.00

BC Civil LitigationGuide

Amici Curiae Atira Clinic inaugural crew (L to R): PenelopeMarch, Karen Roussy, Amber Prince (Atira), ElizabethHannah (U Vic Law) & Raveen Sidhu.

This course will provide you with an understanding and a hands on practice in identifying the

difference between Part 7 benefits and special damages and in calculating Total Temporary

Disability (TTD) benefits.

At the end of your studies, you should be able to correctly:

1. Determine what documents must be submitted to perfect an application for Part 7 accident benefits.2. Describe how you calculate the limitation date for a claim for Part 7 benefits?3. Explain why is it inappropriate to combine a Part 7 claim and a tort claim in the same action?4. Calculate how many weeks are Employment Insurance benefits payable before TTD benefits aretriggered? 5. Determine who is eligible to receive "homemaker's" benefits and how much is payable weekly for thisPart 7 benefit?6. Clearly explain to a client what their Part 7 benefits are.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING

This course is an elective in Canadian Paralegal Institute’s Qualified Paralegal Program in Civil Litigation.For your mandatory reporting of CPD hours, this course is 7.0 hours with 1.0 hour devoted to professionalresponsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites.

LOCATION Law Courts Center CPD Room, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2. INSTRUCTOR Gerrie Campbell, Senior Paralegal

QUESTIONS? Please write dom@lawcourtscenter.com or call 604-685-2727.

Registration:WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat $548.80

q Multi-seat or Amici Curiae Rate $521.36

q Please send me a copy of the manual only as I am not able to attend. $152.25

1603 B!

SCHEDULE FOR MARCH 23, 2016 (9:00 AM TO 5:00 PM)Law Courts Center • Canadian Paralegal Institute

Part 7 Benefits 101

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

Part 7 Benefits: Some Key Definitions

Administrating Part 7 Benefits isoften one of the key roles ofsupport staff in a personal injury

law firm. One of the keys to being ableto interpret Part 7 is having anunderstanding of the terms and wordsused in Part 7.

Eligibility for Part 7 BenefitsIt is easier to identify the two maincategories of persons who may not beeligible for Part 7 benefits than it is toidentify those who may be eligible.These two categories are:

• someone who lives alone, does notown a vehicle, does not have a validBC driver’s licence and is struck byan out-of-province vehicle (all ofthese must be present), and; • someone who is covered by theWorker’s Compensation Act and isperforming their occupation at thetime of the accident (please note thisis slightly more complicated in thatboth parties [the drivers of bothvehicles] must be performing theiremployment at the time of theaccident).

Eligibility for TTD BenefitsA person is eligible to apply for TTDbenefits if, on the day of the accident,they are either an “employed” person ora “homemaker”.

1. An “employed” person is someonewho:

• is actively employed or activelyengaged in an occupation for profit atthe time of the accident, or; • has been employed or activelyengaged in an occupation for profit inany 6 months during the 12 monthsimmediately prior to the date of theaccident.

2. A “homemaker” is any member of ahousehold who does the majority of the housekeeping without receiving paymentfor same. TTD benefits for homemakersare a maximum of $145.00 per week andare paid only for reasonable expensesincurred to hire a person to perform the

homemaker’s chores. The person hiredmust not be a member of thehomemaker’s family.

Total DisabilityTotal disability does not mean that theclient is in Intensive Care at the hospital.It means that the client is substantiallyunable to do the acts or duties required intheir employment or occupation. In thecase of a homemaker, they must beunable to substantially do thehousekeeping customarily done by theclient.

RehabilitationRehabilitation is “the restoration, in theshortest practical time, of an injuredperson to the highest level of gainfulemployment or self-sufficiency that, allowing for thepermanent effects of his injury is, withmedical and vocational assistance,reasonably achievable by him.” (Regs. S.78).

Mandatory Payments:ICBC must pay all reasonable expensesin the following categories:

• Medical• Surgical • Dental• Hospital• Ambulance • Professional nursing services• Physical therapy (to a maximum of12 visits without specific medicalrecommendation for extension) • Chiropractic treatment • Occupational therapy • Speech therapy • Prosthesis • Orthosis

Permissive PaymentsICBC may pay for other treatments oritems not listed above on therecommendation of a medical advisorretained by ICBC to provide an opinion.The recommendation of the medicaladvisor must state that the provision ofsuch a benefit is likely to promote therehabilitation of the claimant. Often the

recommendation of a treating specialistis sufficient. Some permissive benefitsmay be:

• The purchase of one motor vehicleequipped as necessary. ICBC willallow one vehicle in the lifetime ofthe client. • Construction costs to alter theresidence of the client. Again onceonly. • Attendant care is usually authorizedfor a specific, short time frame and limited to the lesser of eitherattendant care or the monthly cost ofa group home. • A wheelchair • Medical bed • Bowel and bladder equipment • Aids for communication, such computer

• Other aids for dressing, eating, grooming and hygiene

• Transfer equipment • A ventilator • Vocational training

Most “permissive” benefits are designedfor very seriously injured persons. Thesebenefits are approved and paid on a caseby case basis.

Remember, if your client’s physicianrecommends extending physiotherapy oradding massage therapy or apsychological counsellor to theirtreatment plan, that request must comefrom the physician in writing. At anytime during the rehabilitation processICBC has the right to require your clientto attend an “Independent MedicalExamination” (IME) for the purpose ofproviding ICBC with an opinion on therehabilitation requirements of the client.The perimeters of an IME in the tortaction are very different from those inthe Part 7 claim.nce you have beenretained by a person who has beeninjured !

Gerrie Campbell is a senior paralegal.She will present Part 7 Benefits 101 onMarch 23, 2016.

WWW.LAWCOURTSCENTER.COM150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

This two day program is designed for juniors to gain an understanding of the civillitigation process and its Rules. At the end of their studies, the attendees will be able

to put the theory into practice and they will have the tools to successfully assist in a civillitigation file from start to finish.

“The explanations made a difference. It is easier to have someone with

so much experience lay it all out rather than just reading the Rules.”

COURSE PREREQUISITEThere is pre-course work that will be assigned.

COURSE REPORTING FOR CPD

For those with CPD requirements, this course is 14.0 hours long with 1 hourdevoted to ethics, professional responsibility, ethics, client care and relations. If you meet 70% of the course expectations, a Certificate of Completion is issuedto you.

LOCATION Law Courts Center CPD Room 840 Howe St #150 Vancouver BC

INSTRUCTOR Yvonne Choi, Legal Assistant, Harris & Company LLP

RESERVATIONS Please complete the form below and return to: Law Courts Center,Legal Education Program, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2.Make cheques payable to Law Courts Center.

For more information please email <dom@lawcourtscenter.com>, or call604-685-2727.

For junior lawyers, solos,paralegals and legal secretaries!

A TWO DAY COURSE: APRIL 15 AND 16, 2016 (9:00 AM TO 5:00 PM)

Law Courts Center

Civil Litigation 102

“Let me show youhow the differentparts of civillitigation areconnected! ”

Course Fees: (course materials and GST included) - Single Seat $924.00

- Multi-seat & Accredited Group Rate (Amici Curiae) ` $872.55

- Please send me a copy of the manual only as I am not able to attend. $152.25

Registration:

WWW.LAWCOURTSCENTER.COM

150-840 Howe Street, Vancouver, BC Canada V6Z 2L21603 B!

www.lawcourtscenter.comLaw Courts Center150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1603 B!

Pleadings - A Primer

Pleadings form the foundation and scope of the lawsuitand they establish the nature of the litigation. Theydefine the issues, the evidence, what is relevant and

the documents that need to be disclosed

Rule 3-7 of the Supreme Court Rules is entitled “PleadingsGenerally” and this Rule governs the basics for all pleadingswhich will be introduced in this course.

Pleadings provide the following details and informationrequired in a legal proceeding:

o The identification of the party commencing the proceeding

o The identification of the party(ies) against whom theclaims are being advancedo The nature of the claims being advancedo The remedy being sought by the party commencing the proceeding

o The defence to the claims being advanced.

A proceeding commenced, to which there is a defence, andwhich may result in a trial in order to resolve the issuesbetween the parties, will have parties referred to asplaintiff(s), defendant(s), and third party(ies). The followingpleadings will be issued in this type of action:

o Notice of Civil Claim - Form 1o Response to Civil Claim - Form 2o Counterclaim - Form 3o Response to Counterclaim - Form 4o Third Party Notice - Form 5o Response to Third Party Notice - Form 6o Reply - Form 7

Supreme Court of BC Madam Justice Loo on a recent AmiciCuriae lecture on pleadings reminded us that pleadings areto be referred to continually throughout the action. Asdocuments are exchanged and examinations for discoveryare completed, the parties should review their pleadings tosee whether amendments need to be made. She suggestedthat when drafting pleadings it is important to let the clienttell their story and then the lawyer can further flesh it out.The client’s story gives the lawyer the backgroundknowledge to determine the issues, remedies and law thatmay be applicable to the client’s case. She cautioned theparalegals that while some forms are now full of checkboxes, paralegals when drafting, should avoid the sameness.And to assume that the judge knows a lot about a specificarea of law is a risky proposition.

Madam Justice Loo referred us to the H.Y. Louie Co.Limited v. Bowick (2015 BCCA 256) case. There, an actionwas commenced for damages for breach of contract.Consent judgments were entered and the Defendantsubsequently made an assignment into bankruptcy. Theplaintiff filed an application in the action pursuant to s. 178of the Bankruptcy and Insolvency Act, to have thedefendant’s debts to the plaintiff survive the bankruptcy onthe basis that they arose under false pretences. The Court ofAppeal held that, as the plaintiff did not seek the relief orplead the facts necessary for a claim of false pretences inthe original Notice of Civil Claim, the consent judgments(based on pleadings of breach of contract) would bereleased upon the Defendant’s discharge from bankruptcy.

The lesson is that the court cannot grant relief which is notsought in the Notice of Civil Claim. !

Civil Litigation 102 is a two day boot camp.

Last November14,2015, BC Courtof Appeal Justice

Kathryn Neilson spoke tothe members of AmiciCuriae as it prepared toopen its clinic for self-rep-resented litigants. Here is asummary of her remarkswhich is part of the newlypublished manual on BCCAProcedures 101.

Before an AppealScenario: A party has spentthousands of dollars, under-gone a trial… and lost.They have been ordered topay a judgment amount andto compensate the winningparty. They think theyshould have won. Theythink they deserve anothershot at justice. They decideto appeal the trial decision.

3 D I V E R S I T Y D I A L O G U E S

Views from the Bench: BC Court of Appeal Primer

Unbundled Legal Services

Newly Published Manuals

An appeal is a processwhere a losing party bringsa lower court decision to ahigher court in the hopesthat the decision will bereversed or changed. Anappeal is not a new trial.There are no witnesses andno opportunity to presentnew evidence withoutapproval of the Court. Ifthere is new evidence, itmust be relevant, credibleand would have affectedthe result of the trial(Golder Associates Ltd. v.North Coast Wind EnergyCorp., 2010 BCCA 263).

The Court of Appeal is astatutory court of error. Itis governed by the Court ofAppeal Act and is, by law,limited in its powers. Itspowers are to review forerrors and to uphold orquash the lower court’sdecision. There are three types of errors: fact(misinterpretation ofevents), law (misinterpreta-tion of legislation, errors ininterpreting or applying thecommon law), and mixedfact and law. The error(s)must be of a palpable andoverriding nature such thatit led to the incorrect decision being appealed.

When considering anappeal of the trial decision,it is best to do the following:

Get the Reasons forJudgment – the Reasonsfor Judgment will set outthe rationale behind thetrial judge’s decision. It isvital for the Court ofAppeal judges to have thisso that they understandwhere, if any, an error wasmade.

Get an opinion onwhether the case hasmerit for an appeal –Going through a trial isexpensive. Going throughan appeal process is alsoexpensive. Before youundertake this process,obtain a legal opinion onwhether your case has achance of succeeding at theCourt of Appeal.

This article continues nextmonth. !

Sharon Allegrini headsAmici Curiae's humanrights clinic and is a paralegal at Bull, Housser& Tupper LLP.

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BC Court of AppealProcedures 101 $152.25

BC Court ofAppeal Procedures101

(continued from page 1)

(We have a Filipino speak-ing lawyer or paralegal totranslate if need be.)

3. The result is a muchsmoother experience for theclient. And when our intakecoordinator sends them areminder email or text message (in Filipino), allthey have to do is to remindthe client to review thechecklist for whichever stagethey are coming for.

A few weeks ago, as I wasawaiting the arrival of a senior judge who wanted toobserve our clinic, I recog-nized one of the caregiverswaiting in our makeshiftreception area. I said to herencouragingly, “Kunting tiisna lang po.” (Just endure it alittle bit more.) She smiledback, flashed 3 of her fin-gers and said, “Tatlo na langpo!” (Just three to go!) Sheheld her checklist to showme that she was in Stage 5.It was gratifying to see howhappy she was knowing thatthe end was in sight.

Self-represented litigants(SRLs), like her, know thatthere is no guarantee thatshe will succeed in herapplication, but she appreciates knowing whereshe is as far as the process isconcerned. SRLs appreciatebeing able to submit theirdocuments to the court registry and not have theserejected because the formshave been completed properly and the necessarydocuments attached. SRLsappreciate knowing howlong each step should takeand what it may cost.

Since we began our clinics,a number of them are inStage 5 already. Not all ourclients have sought our helpfor each step but they arehappy to know that they cancome back anytime.

While we have much tolearn, seeing SRLs acquire asense of having more controlhas been rewarding! !

Dom Bautista is the executive director of LawCourts Center.

Litigation PracticeBasics 101 $152.25

Litigation PracticeBasics 101

Registration: WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat $625

q Single Webinar Seat License $625

q Please send me a copy of the manual includes shipping and GST. $152.251603 B!

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

SCHEDULE FOR APRIL 25, 2016 (9:00 AM TO 5:00 PM)

Law Courts Center

Law Office Accounting 101

Learn about the Trust Regulation Department of the Law Society of BC and seven key concepts in

trust accounting. You will also learn how to set up and operate trust accounts pursuant to the Legal

Profession Act and Law Society of BC Rules. Finally, you will gain an understanding of the reporting

requirements of the law society. Discover the best practices and tips from senior auditors of the Law

Society of BC Trust Regulation Department. This 7 hour course focuses on professional responsibility,

ethics, client care and relations. You have a choice between attending in-person or by webinar.

Learn about the law office accounting and how it differs from traditional accounting. You will also learn

about the life cycle of a file. Finally, you will gain an appreciation of the professional obligations of

legal staff. This 7 hour course focuses on professional responsibility, ethics, client care and relations.

Attend in-person.

SCHEDULE FOR APRIL 28, 2016 (9:00 AM TO 5:00 PM)

Trust Accounting 101

Law Office Accounting 101

Trust Accounting 101

Learning Outcomes

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:1. explain the professional duty that lawyers and accounting staff have to the client with respect tomanaging the accounts of the firm;2. understand the difference between accounting and law firm accounting;3. understand the life cycle of a file;4. understand how to correctly open a client matter;5. understand how GST and PST are generally applied to legal services;6. understand the general concepts of trust accounting;7. understand the key principles of internal controls;8. understand how to correctly handle cash transactions;9. demonstrate how to correctly process time entries, disbursements and taxes;10. demonstrate how to apply trust funds to the invoice;11. demonstrate how to process a settlement;12. explain how to complete an accounting life cycle;13. understand how to correctly handle unclaimed trust funds;14. explain what the file retention and storage requirements are;15. develop best practices to be compliance audit ready; and16. explain three key law office accounting ratios.

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At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:1. Understand the mandate of the Law Society of British Columbia and the role of the Trust RegulationDepartment2. Discuss the professional obligation that lawyers and support staff have in handling client trust funds3. Explain the key concepts in trust accounting4. Understand how to correctly receive and withdraw trust funds5. Understand how to properly handle cash transactions6. Demonstrate how to correctly reconcile pooled trust accounts7. Understand the annual trust report filing requirements8. Apply the Trust Administration Fee (TAF) to applicable trust deposits, and9. Report a Division 7 rule violation in writing to the Law Society.

v160425

Legal Education

Trial Brief Preparation

Legal Printing & Legal Supplies

legalpresents.com

Briefly! is intended to provide information on new developmentsin litigation and lawpractice management.

For information,contact Dom Bautistaat 604.685.2727 or atdom@lawcourtscenter.com

Law CourtsCenter840 Howe ST #150Vancouver V6Z 2L2

4 F I R M M A N A G E M E N T

As you know, ourlaw society, inorder to do a better

job of protecting the public,can now regulate the con-duct of law firms.

Herman van Ommen, QC,the chair of the Law FirmRegulation Task Force, hasjust completed a two weekconsultation of the profes-sion by doing a road showto 11 cities. While the num-ber of lawyers who attend-ed the Vancouver sessionwere not appreciably morethan those attended theNelson and Prince Georgesessions, the commentswere thought provoking.

Van Ommen sought toexplain what the objects offirm regulation are andwhat possible areas mightbe covered by the regula-tion. He also raised severalissues, some that were difficult.

their clients, if they treatothers civilly, if they havethe proper systems in placeto ensure deadlines are metand conflicts are avoided,etc."

2. Should lawyers be concerned that there will bean increase in the burden onfirms? Van Ommen doesnot think so. Of the 11areas of interest, he picked5 areas of management tospeak to that morning: practice, client, file, finan-cial and professional.

One gets the sense that theexisting rules are enough, iffirm follows them. Thatsaid, the LSBC would beable to do a better job if itcan communicate directlyto a designated contact person.

3. Last, firm partners andmanagers should not waitfor the new rules. Start byreviewing your proceduresmanual and comparing itagainst the LSBC rules.Mind your gaps!

Having just delivered a lecture on professionalresponsibility to junior litigation staff (yes, themtoo!), we will integratethese to our courses and tohelp participants developbest practices. !

Dom Bautista is the executive director of LawCourts Center.

Here are my three take-aways:

1. The task force recognizes that while theregulatory regime will berules based, they will takeinto account firm size, geographical locations andpractice areas. It was veryeasy to see how much Van Ommen genuinelywelcomed comments - negative and positive. Havea look at the materialsavailable on their websiteand write Michael Lucas ifyou have any thoughts.

Still, a good case can bemade about following theexisting rules. Deb Armour,LSBC's chief legal officershares her view: "We do getan average of approximate-ly 1100 complaints a year.Most complaints can beavoided if lawyers, forexample, communicate regularly and clearly with

LSBC's Law Firm Regulation Consultation, Phase 2

B! 201603

On Twitter: @lccdombautista

Trust Accounting 101 $ 152.25

Trust Accounting 101

Order your copy now!

PST and GST FAQs for BC LawFirms Monograph

v151115$173.25

Supple leatherbrief cases perfectfor chambers, CPCs, TMCs or trials!

Practice Management Recorded Webinars LibraryView it at your conveniencehttp://tinyurl.com/lccLEXtures

Tax on Legal Services Recorded Lecture (TLS 102R) $288.75 Trends in Firm Management 102(LOM 102R) $288.75Handling Unclaimed Trust Funds: Do you Refund, Remit orRetain? (TAM 101R) $131.25 Accounting Internal Controls: What do you need to know?(TAM 102R) $131.25 Trust Assurance Seminar Lecture (TAS 102R) $315 Trust Accounting 102 Course (TRA 102R) $625

This course will provide you with an understanding and a hands onpractice in working with heads of damages when looking at motor

vehicle accident claims. A detailed listing of the course coverage islisted in the back.

Each session offers:

• an interactive class providing hands-on practice in work with thedifferent heads of damages;

• a limit of 14 participants, to ensure optimum learning; and• a copy of Heads of Damage Desk Reference Manual, including useful checklists and precedents.

CPD REPORTINGFor your mandatory reporting of hours, this course is 7 hours longwith 0 hours for PR and ethics. A Certificate of Attendance is givento you; or, if you pass the test, a Certificate of Completion is issued toyou.

Location Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

Instructors Gerrie Campbell, Senior Paralegal, Law Courts Center

Reservations Please complete the form below and return to: Law CourtsCenter, 150 - 840 Howe Street, Vancouver, BC Canada V6Z 2L2. Make chequespayable to Law Courts Center.

For more information please call 604-685-2727.

Law Courts Center 150 - 840 Howe Street, Vancouver, BC Canada V6Z 2L2 1603 B!

Registration: WWW.LAWCOURTSCENTER.COM

Course Fees: (course materials and GST 128573300 included) q Single In-Person Seat $548.80

q Single Webinar Seat License $521.36

q Please send me a copy of the manual includes shipping and GST. $152.251603 B!

You have to analyzeall heads of damageswhen thinking aboutquantums in a claim;and having a solidunderstanding of eachhead is the best placeto start!

GER CAMPBELL, Instructor

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OFFICE USE ONLY

Registered

Paid

HEADS OF DAMAGE 101

AN INTRODUCTIONFor sole practitioners, associates, paralegals & legal admin assistants!

LawCourts Center

April. 21, 2016 Thursday9:00 am to 5:00 pm

REGISTERNOW

Law Courts Center 150 - 840 Howe Street, Vancouver, BC Canada V6Z 2L2 1603 B!

No matter how brief one’sexperience working in a personal injury practice,

whether as a lawyer or in support ofone, they have undoubtedly beenasked What’s my claim worth? by aclient. While the Legal ProfessionAct prohibits non-lawyers fromgiving legal advice (regarding thevalue of a claim or other issues),having staff who can evaluate claimsis a valuable tool for the practice.They can help prepare the file tofocus specifically on those areas ofquantum that matter. As the sayinggoes, “if you do not plead it youcan’t lead it!”

The first step in evaluating thequantum of a claim is learning whatheads of damage are compensable.The main heads of damage availableto personal injury claimants are:

(i) Non-Pecuniary Damages, also known as General Damages or pain and suffering(ii) Past Wage Loss(iii) Special Damages, or out of pocket expenses(iv) Future Wage Loss /Loss of Earning Capacity(v) Cost of Future Care(vi) Court Order Interest

There are other heads of damagepleaded in some instances, includingpunitive, aggravated and exemplarydamages.

As a general rule, claimants aremore sophisticated than ever when itcomes to their rights, andexpectations are much higher. Withincreased exposure to the internet,coupled with the American media’shabit of broadcasting multi-milliondollar damage awards arising fromminor coffee burn, sometimes aclaimant’s expectations are notrealistic; as such, it is necessary tohave the ability to explain thedifferences between Canadian andAmerican courts and how they arriveat their respective awards. A primeexample of the difference is theaward system for non-pecuniarydamages.

In the United States, there is nostatutory or common law restrictionon the awards given; in Canada,however, the issue was addressed bythe Supreme Court of Canada,resulting in the 1978 trilogy of casesknown as Andrews v. Grand & Toy.The Andrews decision held that themaximum award payable for non-pecuniary damages, no matter how

catastrophic the injuries, was$100,000 per claimant. This isknown as the rough upper limit and,while it may have been intendedonly as a guideline for Canadiancourts to follow, a recent challengeto that guideline was heard by theB.C. Court of Appeal in Lee v.Dawson. In 2006 dollars, the roughupper limit of $100,000 (1978dollars) is approximately $362108 intoday’s March 2016 dollars.

In Lee, counsel for the appellant(plaintiff) was seeking, among otherthings, to have the appeal courtuphold the jury’s trial verdict fornon-pecuniary damages, whichaward was much higher than therough upper limit. Further, counsel asked for a ruling that theupper limit should either be raised or removed altogether. To theconsternation of the plaintiff’s barand the audible relief of the defencebar, the court of appeal dismissedthe appeal, opining that it was bound by the trilogy. At the time ofthis writing there was no indicationthat leave to appeal to the SupremeCourt of Canada was beingconsidered, but stay tuned – it justmight happen yet. !

What’s My Claim Worth?

Introduction to Torts,Tripartite Relationships,Negligence Standard of CareGood NeighbourForeseeability & Causation

Heads of Damages – the bigpicture

Non-pecuniary loss

Past wage loss

Future wage loss

Future care

Court ordered interest

Loss of capacity

Special damages

Costs and disbursements

Review of concepts

Case study

Presentation by groups

These are the topics we are going to discuss and do for the day: