bartalk | october 2008

www.cba.org/bc

Knocking Down Silos New community court dispenses integrated justice

This September CBABC President, Miriam Maisonville, and Executive Director, Caroline Nevin, attended the opening of Canada’s first community

court, in Vancouver’s downtown. B.C.’s Premier Gordon Campbell, Chief Judge Hugh Stansfield, Attorney General Wally Oppal and Solicitor General John van Dongen were also in attendance highlight-ing the significance of the event.

The creation of a Vancouver community court was a key recommendation of the 2005 report, Beyond the Revolving Door: A New Response to Chronic Offenders, by the B.C. Justice Review Task Force Street Crime Working Group. The Working Group recommended a court that would take a problem-solving approach to crime in Vancouver’s downtown area by working to address the under-lying issues, such as addiction and homelessness by having the justice, health and social welfare systems work as an integrated case management team. Among the 40 employees of the court, who will work with approximately 1,500 accused each year, are two judges, three crown prosecutors, three defence lawyers, eight probation officers, two nurses, two employment assistance workers and a B.C. Housing support worker. The court will hear cases involving crimes committed in a limited geographical area surrounding Vancouver’s downtown core and aims to hold criminals

accountable while mitigating the identified causes of repeat offending.

The new court opens its doors in a community that serves as an everyday, depressing reminder of how the justice system seems to be failing in our province. With the political will in place, there seems no better moment for the CBABC to push forward with its confidence in the justice system initiative, formalized in resolution at this past June’s CBABC Provincial Council meeting. As B.C.’s justice system undergoes an important transformation, the CBA is working to transform the public’s skewed perception of lawyers who are, by and large, working tirelessly to maintain and promote a civil society.

This issue of BarTalk features articles that high-light the recent Conflicts of Interest: Final Report, Recommendations Tool Kit by the CBA Task Force on Conflicts of Interest. Robert Brun, QC, a member of the task force, summarizes the report and Warren T. Wilson, QC provides his take on the report specifi-cally from a large firm perspective.

Not only is the legal profession committed to improving and strengthening our justice system, it is also striving to maintain the highest ethical standards in its practice. We invite and encourage all readers to share their opinions on the CBABC’s confidence in the justice system initiative, the Conflict Task Force report and/or the newly opened community court by e-mailing [email protected]. BT

OCTOBER 2008 volume 20, number 5

CanDiCE PESKETT joins Boughton’s securities and corporate and commercial practice groups. Prior to joining Boughton she articled with a boutique law firm specializing in securities and corporate finance. Boughton Law Corporation con-gratulates Candice for recently being called to the Bar in British Columbia.

ChaRlES REnDina joins Boughton’s securities, corporate and commercial and cross- border practice groups. He practices primarily in the area of international business development and has comprehensive knowledge of financial planning, investing, insurance and other related matters.

ann BEhEnnah has joined Bull, Housser & Tupper LLP as an associate with the Local Government Group. Ann practised with the City of Calgary Law Department as a Planning Lawyer since her call to the Alberta Bar in 2007.

Farris, Vaughan, Wills & Murphy LLP is pleased to announce that MiChaEl G. SOROnOw has joined its Kelowna office. Michael Soronow, who joins Farris from Winnipeg, works as a solicitor mainly in the areas of corporate and commercial law, real estate purchases, sales and development, and bank financing.

RiChaRD lORD has moved from Davis LLP in Vancouver to Reed Pope LLP in Victoria as an associate in the Commercial Real Estate Group.

DaviD MORRiSOn has joined BCCEAS, the B.C. Centre for Elder Advocacy and Support, as the staff lawyer with their new Elder Law Clinic.

MiChaEl MERCiER has joined Reed Pope LLP from Calgary where he worked with Trans Canada PipeLines as corporate and securities counsel. He will continue his practice with a focus on corporate and securities transactions.

MaRK RaPPaPORT has joined Reed Pope LLP from Blake, Cassels and Graydon LLP in Calgary. He will continue his practice as an associate in the Real Estate Development Group.

On October 1, 2008, TERREnCE MaTTE and FiOna STEvEnS-GuillE are open-ing their own firm in Prince George. Terry will continue to practise general civil litigation, focussing primarily on commercial litigation, and Fiona will continue to practise family law.

RaJinDER S. SahOTa, who has recently moved to Victoria, joined the firm Velletta & Company to continue his practice in real estate and corporate and commercial law.

Benson Edwards LLP (partners consisting of GaRRy BEnSOn, ROBERT TOnSOO, nEvillE MCDOuGall and STEvE SChwaRTz), Salloum Langin (being Shaun lanGin and lawREnCE SallOuM) and ROGER D. waTTS (along with his associ-ate DaviD yEREMa) have merged their respective practices to form the new firm of Benson Salloum Watts LLP. (Of note so there isn’t any confusion, even though Lawrence Salloum’s name is in the title, he joined us as an associate).

ShanE M. RuTlEDGE has joined Waterstone Law Group’s Chilliwack office where he will be practising general corporate/commercial, commercial lending and real estate.

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

BaR MOvES

Candice Peskett

Charles rendina

rajinder S. Sahota

Ann behennah

michael G. Soronow

Bar Moves u

uContinued on page 27

2 BARTALK october 2008

let us Know what you Think barTalk is published six times per year, and sent to the entire legal profession in b.C. With so much information available in print and online, we want to be sure that we continue to keep barTalk relevant. Is there a topic you think we should cover? Do you want to submit an idea or article? let us know! e-mail [email protected].

? ? ? ? ?

3october 2008 BARTALK

OCTOBER 2008 volume 20, number 5

GuEST COnTRiBuTOR

16 Tilting against Giants… Can Online Counterfeiting laws work? by David Wotherspoon and Nicole Melanson

uP FROnT

2 Bar Moves

4 letters to the Editor

5 From the President

6 Executive Director

7 Practice Talk by David J. Bilinsky

8 nothing Official by Tony Wilson

9 On the web by Patricia Jordan

10 Sections

lEGiSlaTivE uPDaTE

19 acts in Force

in ThE BaCK

18 Bench & Bar Dinner Form 20 news

22 Calendar

23 national news

24 Member Services

25 Partners | Membership Continuing Legal Education Society The Law Foundation of B.C.

27 Bar Moves Continued

28 Classified ads

FEaTuRED ThiS iSSuE

This issue of BarTalk features three articles that shed light on the slippery subject of conflicts of interest and a recent report on the subject authored by a CBA task force. It also introduces you to the CBABC Executive Committee for the 2008/2009 year, both new and familiar faces, and highlights the CBABC Lawyer Referral Service.

12 Executive Committee 2008/2009

14 CBa – Task Force on Conflicts of interest Report by Robert Brun, QC

15 Duty of loyalty to an affiliate of a Client by Warren T. Wilson, QC

17 lawyer Referral Service

liFE’S ShORT – GET a DivORCE – TOny wilSOn (vOl. 20, nO. 4) That shark guy is a bril-liant read!

– Unknown

It’s not often that I laugh out loud at a legal pub-lication, but your latest installment did the trick. I think you went about as far for a laugh as you could without getting into trouble. Keep up the good work. – John G. Mendes LESPERANCE MENDES

It is probably just that time of the day (it is 16:15 here), but you are a naughty bugger! Despite that, I always enjoy your column and this time around it was no exception.

– Adv A.J. (Bert) Bester Advocates Group 1, Republic of South Africa

Send your lETTERS TO ThE EDiTOR to:Jesse Tarbotton, barTalk Senior editorCanadian bar Association, b.C. branchFax: 604-669-9601Toll-free fax: 1-877-669-9601e-mail: [email protected]

lETTERS TO ThE EDiTOR

have you Moved? let us Know!If you have changed firms, addresses, e-mail addresses, or phone/fax numbers, you need to let us know. e-mail us at [email protected], phone 604-687-3404 or fax 604-669-9601 or contact us toll-free (phone 1-888-687-3404, fax 1-877-669-9601).

CbAbC President miriam maisonville (right) with Chief Justice beverly mclachlan attending the CbAbC reception at the Canadian legal Conference in Quebec City.

Considered the most important annual convention

for legal professionals in Canada, the conference offers a wide array of workshops, seminars and continuing legal education sessions.

Photo by Richard C. Lovering


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 and is available online at www.cba.org/bc.

BarTalk Senior Editor Jesse Tarbotton

BarTalk Editor Deborah Carfrae

Staff Contributors Fran Hodgkins Jineane Payne Jennifer Weber

Editorial Board Chair Dierk ullrich

Editorial Board Members Paul Arvisais Katharina byrne nicole Holas Jack micner Pamela murray barinder Sanghara Craig Watson Susan elaine Wishart © Copyright the british Columbia branch of the Canadian bar Association 2008.

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

The Canadian bar Association, british Columbia branch represents more than 6,099 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.

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what the CBaBC Can Offer you

mIrIAm mAISonvIlle FROM ThE PRESiDEnT

Many years ago an articled student headed downtown to start her articles.

One of the first things she was urged to do by her principal was to become active in the Canadian Bar Association. “Join a Section” I was told and that was it. At those meet-ings I met the leaders of the Bar in Vancouver, judges and other arti-cled students and made numerous friendships, many of which I hold dear to this day. I learned defence counsel and Crown Counsel have many issues in common, as do plaintiffs’ counsel and defence in civil matters. I was hooked.

The CBA, however, I learned slowly is so much more than the Sections (although with membership a Section comes free). We are the “voice of the profes-sion.” What does this mean? We can advocate strongly for our members, lawyers for lawyers, from advocat-ing for a decrease in high tuition fees, requesting legislative amendments to enable RRSP protection, to seeking the abolition of the Social Services Tax. Our views matter. The CBA is routinely consulted for input on new legislation at both the national and provincial levels. We are a resource, both for our members practising in the large downtown and national firms to the sole practitioner barrister or solic-itor, and those who practise in the rural areas of our province. And incredibly, almost all of the makeup of our resources is through you – our volunteers.

In terms of resources, a prime example is the Conflicts of Interest: Final Report, Recommendations & Tool Kit unveiled and adopted by CBA National Council at the Annual National CBA Conference in Quebec City. The Report advocates that the present restrictive lawyer conflict rules be relaxed. Additionally, the Report offers a tool kit to help counsel navigate

the maze of client, near client and non client relationships to avoid con-flicts. The Report is the culmination; across Canada work by a stellar group chaired by Scott Joliffe and included in its members a Past President from this Branch, Robert Brun, QC.

The CBA also offers profes-sional development opportunities. With advances in technology and the investments the B.C. Branch has made, we can now offer Section attendance, achievable in remote areas by teleconferencing and Webinars. Courses are also offered

through Webinars. The CBA offers Conferences uniting lawyers with common areas of interest. The CBABC Women Lawyers Forum is but one example. Offering everything from mentoring to tips for a suc-cessful practice in an era when the attrition rate for women in the profession is at an all time high, mem-bership in the Forum can only help to stem this tide of losing women in the profession. Both nationally and throughout B.C. the Chairs of both Sections and Conferences are leaders in their practice areas.

Nor does the CBA just offer legal resources. Through the Canadian Bar Insurance Association and the Canadian Bar Association Financial Services we offer insurance and financial services for lawyers and their families.

It is my hope, as President of the Branch for the next 12 months, that we can continue to be the premier association for lawyers. I hope to increase membership particularly in rural areas and for those practising in smaller firms. I also hope that more pub-lic sector lawyers will join our ranks. The CBA has much to offer you nationally and provincially. I am happy to talk with you about all aspects. My e-mail is [email protected]. I look forward to hearing from you throughout the year. BT

miriam maisonville President 2008/2009 b.C. branch Canadian bar Association


a Duty of Optimism If we can’t see the light ourselves, how can we expect it of others?

At the start of the school year, the Vancouver Sun featured a vice-principal who spoke

of our collective responsibility to children to respect and protect their innate sense of optimism and hope. His message was that we adults get caught up in the nega-tives about “The Real World” – funding cuts, accessibility, politics and the mundane – without tho-ught to our extinguishing impact on youth’s bright flames of hope and limitless potential.

The parallels to the justice system are profound.

Let’s start with the concept of a career in law. How many of you are openly ambivalent about recommending it to your children or friends? How many have spoken to young lawyers, warning them that it’s nothing like they see on TV, providing a litany of negative “truths” lest they be disillusioned later in life? Try listening instead of talking, and gain a little light yourself from the spark in their eye and the heat of their passion for the law. With luck, you may re-acquire your own delight and pride in this profession.

How about in your workplace? Have you opened your mind to the possibility that every generation has valuable things to teach, and that you might learn something vital? Consciously think about how you can fan the enthusiasm and energy of the bright minds you have around you, and use it to feed your own flame.

What about public confidence in the justice system? Do you make a point of speaking well of opposing counsel, the judge, the police, the Crown, or the process and time involved in the administra-tion of justice? Do you approach new ideas about

the law or justice with interest and curiosity, rather than reasons they are bound to fail? Cynicism is the easy response, and too often the first and only.

Last month I attended the opening of the new downtown Community Court. It was a Saturday, and I expected little more than a dutiful appearance and standard photo op. Instead, I witnessed a small miracle of opti-mism. Gathered in the room were the Premier, Attorney General, Solicitor General, Chief Judge, three First Nations Chiefs, senior

Vancouver Police Department members in dress uniform, seven judges in full robes, Crown Counsel, defence counsel, leaders and staff from the provin-cial government, Legal Services Society, Vancouver Coastal Health Authority, City Council, and at least 10 other community agencies. Not one of the people in that room considers the Community Court to be the answer to the problems plaguing the downtown eastside. But every single person was willing to suspend disbelief and invest their energy, and their hearts, in the idea that it is possible to make a dif-ference by trying something new. That room was filled with people who chose to uphold the value of optimism, in the face of much that could easily extin-guish it. Why should any of us settle for less?

There is a strong, loud heartbeat at the centre of Canadian society – heard all around the world – and it is the sound of our justice system at work. You deserve to take pride in yourself and in your fellow men and women who have devoted their lives to this purpose. Don’t sell them – or yourself – short through negative thoughts, words or deeds. To the tenets of your honourable profession, I ask you to add one more: a duty of optimism. BT

Caroline nevin executive Director b.C. branch Canadian bar Association

EXECuTivE DiRECTOR CArolIne nevIn


Conflicts Taking a systems approach

Discovering you have a conflict of interest on a file can be more than just embarrassing. It

can have ethical, professional and financial implications. It can dam-age your relationship with your cli-ent when they realize the file must be moved. It can also result in the loss of a substantial amount of future work that may have come your way (an economic loss of opportunity). With all of this at stake, it is surprising that conflicts are not afforded, to paraphrase Rodney Dangerfield, more respect.

There are three distinct parts to unearthing con-flicts before they become a problem. These are:

1. Awareness2. Procedure3. System

Taking each in turn:Awareness: This is recognizing that you are

responsible (legally and professionally) with the task of determining whether or not you and your firm may have a conflict of interest at any point in time, but particularly whenever taking on a new client. There are several types of conflicts:

1. Conflicts of interest between clients2. Conflicts which arise when acting for two or

more clients3. Conflicts arising as a transfer between or

merger of firms4. Conflicts between lawyer and client5. Conflicts which arise as a result of new case law

and/or changes to Rules and Regulations.

Procedure: Every firm should have a written office manual which outlines the process to be followed to discover a conflict of interest. Unfortunately, no procedure or system has yet to be devised that will uncover every conflict of inter-est. Having a written procedure to follow at least ensures that you go about the process of discovery in a systematic and consistent basis. Furthermore, the steps that were taken should be recorded in order that the procedure undertaken can be demonstrated, should it become

necessary to do so.System: Relying on the lawyer’s (or legal assistant’s

memory) never was a reliable and dependable system to uncover a conflict of interest. Furthermore, hav-ing a written or increasingly, computerized conflict checking database will only discover conflicts between clients and only if names have not changed. This data-base check will not necessarily uncover conflicts that arise as a result of the exercise of legal judgement.

For example, s. 2 of Chapter 7 of the Professional Conduct Handbook (PCH) states:

“2. A lawyer must not perform any legal services for a client with whom or in which the lawyer or any-one, including a relative, partner, employer, employee, business associate or friend of the lawyer, has a finan-cial or membership interest that would reasonably be expected to affect the lawyer’s professional judgement.”

Many lawyers do not have a written retainer agreement which outlines the steps to be taken in the event that they are working for two or more clients and a conflict arises between them. Such a situation typically results in the law firm being unable to act for any of them when a conflict arises.

David J. bilinsky is the Practice management Advisor for the lSbC. e-mail: [email protected] blog: www.thoughtfullaw.com

Time and time again we hear the same old rumours

Conflict doing this, Conflict doing that...

Words and music

by Conflict.

DAvID J. bIlInSKy PRaCTiCE TalK

Continued on page 20


Charity Begins at (your) home Two Good Causes B.C. Lawyers Should Support

A few of the nicer things about having writ-ten this column over the last five years is

that lawyers I hardly know will e-mail me or come up to me in the street and tell me how much they enjoyed the last article. Others will tell me it’s the first thing they read in BarTalk but they always read in the bathroom. Still others will ask what kind of an idiot I must be to go scuba diving with sharks with-out a cage, and why don’t I have the beard anymore.

I quite enjoy being the prov-ince’s resident legal humourist; making fun of the sacred cows of our profession and tweaking the nose of our common wisdom. Surely, there’s a book in these articles that CLE’s all across Canada will give to their speakers instead of all those umbrellas and paperweights. I wait by the phone with baited breath for publishers to see the marketing potential.

In all the years of doing this, I have never thrown my support behind any particular charity or cause; until now. The first is called KIDS UP FRONT, and it distributes what lawyers, accountants and other business people often have in abundance but some-times can’t use: tickets to sports and cultural events the firm has already paid for. How many times have you been told at the last minute a client can’t make tonight’s hockey game – “can you find a client who might want to go?” Sometimes other lawyers in the firm will grab the tickets because a last minute client can’t be found. Other times no-one will go because it’s too late and everyone has made other plans.

Solution? Donate them to KIDS UP FRONT on the day of the event, and they’ll find an under-privileged child who could never afford front row tickets in a million years and whose life will be

enriched by getting the opportu-nity to see the Canucks, the Lions, the symphony or live theatre from your excellent seats. So if your firm has tickets it can’t use, don’t waste them. Donate them to KIDS UP FRONT. Website: www.kidsup front.com. Phone: 604-266-KIDS.

The second cause arises from a couple named Wayne and Vicki Hamill. They are offering a suite in their home to the parents of an athlete during the 2010 Olympics – for free! Free? I suppose that’s heresy among the real estate own-ing classes, wringing their hands

over how much money they’ll make renting out the Harry Potter room under the stairs, their garages or their doghouses. I had big plans for my doghouse until I read about the Hamills and was overcome by the warm and happy glow of altruism, selfless-ness and that most noble of commodities – Olympic principles. Thankfully, not everyone in Vancouver sees the Olympics as a cash cow ready to be milked, the cow cut up for steaks and the leather turned into wallets and handbags.

So wouldn’t it be great if the CBA, in associa-tion with other organizations, sponsored a homestay program for Lower Mainland lawyers wishing to “donate” an extra room in their houses to the Moms and Dads of Olympic athletes from other parts of the world for a week? Wouldn’t it be nice to say that hundreds of us abandoned the Olympic sized profits we could have made in favor of Olympic sized ideals?

And to tie all of this together, when the Olympics finally come to Vancouver, wouldn’t it be great if all those empty seats I saw on TV during Beijing Games were actually donated to an organization like KIDS UP FRONT rather than being wasted? BT

nOThinG OFFiCial Tony WIlSon

Tony Wilson is a vancouver Franchise lawyer at boughton who has written for the Globe and mail, macleans and Canadian lawyer.


Green your Business Reduce, Reuse and Recycle

More and more busi-nesses are learning that going “green” and implementing

environmentally sustainable prac-tices makes good sense. In 1991, the Canadian Bar Association (CBA) adopted an environmental resolution policy urging lawyers to be environmentally responsible in the workplace by following the three R’s: reduce, reuse and recycle. Subsequently in 1993, the CBA published Eco-Practicum: The Canadian Bar Association Guide to the Environmentally Responsible Law Office. The CBA recently launched an initiative to update the Eco-Practicum.

DOinG OuR PaRTThe Canadian Bar Association B.C. Branch (CBABC) has been “green” for several years. CBABC uses recycled paper, returns used toner cartridges to the manufacturer, and recycles bottles, cardboard, paper and plastics by Urban Impact Recycling Ltd. (www.urbanimpact.com).

a “GREEn” STRaTEGyThe first step of a “green” strategy is to evaluate how your activities impact the environment. Can you recycle everything that cannot be reused? Are your new purchases recyclable? Are you able to move to a paperless practice? What do you do with used batter-ies, old computer equipment, ink cartridges, paper, etc.? How can you reduce energy consumption?

Most businesses have energy expenses that can be reduced by incorporating energy efficiency into the way they do business. One easy step is to turn off lights, computer and office equipment when not in use, and to use energy-saving modes on computers. Laptop computers use 50 per cent less energy than

desktop computers. One step you can take for office paper manage-ment includes printing, copying and generating fewer documents, and switching to double-sided printing and copying to reduce the amount of paper used.

PuRChaSE “GREEn” PRODuCTSThe Environmental Choice Program (www.ecologo.org), launched by the Canadian fed-eral government in 1988, sets standards and certifies products in more than 120 categories. The program provides consumers with assurance that the products and services bearing the EcoLogoM

meet environmental standards that have been veri-fied by a third party auditor. When purchasing photocopiers, fax machines and printers, ensure they have the “ENERGYSTAR®” label.

DiD yOu KnOw?• BarTalk is now printed on recycled paper.• Canadaisthesecondlargestproducerofgreen-

house gases in the world on a per capita basis.• Canadians are one of the world’s biggest per

capita consumers of energy and electricity.• Most rechargeable batteries can be recharged

up to 1,000 times.• Over 90,000 computers have been donated

to libraries and schools in British Columbia since 1994.

• More than 43 per cent of cell phone usersreplace their cell phones every two years.

Any “green” steps you can take will help minimize your impact on the environment. For detailed information about recycling and resources in British Columbia, visit www.cba.org/bc/practice_resources/main/green_your_business.aspx (requires a CBA member number). BT

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

PATrICIA JorDAn On ThE wEB


SECTiOnS

aBORiGinal law – vanCOuvER iSlanD MEETinG: June 27, 2008SPEaKER: lynne Partel, executive Director, Special Claims branch, Indian and northern Affairs Canada, ottawaTOPiC: Canada’s Specific Claims reform Initiative and the new Specific Claims Tribunal ActIn order for a Claim to qualify as a Specific Claim, it must be at least 15 years old. The Specific Claims Tribunal Act (SCTA) which will come into force October 16, 2008, will deliver binding decisions and award substantial amounts of compensation money (up to $150,000,000). The Filing/Submission Process includes an Assessment Time Period of three years for the government to do research and a historical review. If rejected by the government, there will be an opportunity to bring the Claim before an indepen-dent Tribunal composed of Federal Superior Court Judges. Should the government determine that it has a legal obligation, a further three year Negotiation phase begins. Funding is available to First Nations if a longer period is allotted in the negotiation process. At present, more than 70 per cent of claims that come into the system are accepted, and more than 90 per cent of that 70 per cent result in settlement.

CRiMinal JuSTiCE & FaMily law – OKanaGan (JOinTly) MEETinG: may 8, 2008 SPEaKER: Jocelyn Coupal, Domestic violence resource Counsel for the Criminal Justice branch TOPiC: Taking an Integrated, Community Approach to Domestic violence

Ms. Coupal, formerly the Administrative Crown Counsel in New Westminster and now Domestic Violence Counsel for the Criminal Justice Branch assisted in the creation of the Domestic Violence Response Team that takes a coordinated, integrated approach to these cases. The highlight of the meeting for family lawyers was receiving a list of factors that put the victim in extreme and predictable further danger. Family lawyers benefited from this advice as every case is not so serious as to be treated as life threatening to the victim; they need to know which ones to give special attention to. Members in attendance heard 911 calls, and discussed the reasons why victims return to abusers. The goal is to keep the victim safe, not to feel that they have failed if the victim returns to the abusive partner. Some of the domestic violence statistics are:

Section update Keep your practice current

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

Despite his name, David Dundee was not raised by wild dingoes in the Australian outback but was born in regina, raised in Kitimat, and educated in Toronto and vancouver. For the past 14 years of his legal career he has practised family law exclusively, and is also a family law mediator in Kamloops with Paul and Company, a small firm of four lawyers.

David wears several hats for the b.C. branch! He has been the Family law – Kamloops Section Chair for seven years, an elected member of yale county for two years and serves as Chair of the CbAbC Family relations Act review Working Group. Several b.C. branch committees are benefiting from David’s commitment and involvement. He currently sits on the legal Aid, membership, and Planning and Priorities Advisory committees. David has contributed to the Continuing legal education Society, once as Co-Chair, twice as a presenter, and has acted as contributing editor for the Cle Family Practice manual. He also volunteered for the Salvation Army british Columbia Pro bono lawyer Consultation Program.

SPOTLIGHTSection Chairs

David C. Dundee


20 per cent of all the criminal charges laid by Police Departments in B.C. are domestic violence related; women are abused 19-35 times before they call the police the first time; and four out of every 10 solved homicides are domestic violence related and in half (50 per cent) of these, homicide police had previous knowledge of the violence.

EnviROnMEnTal law MEETinG: June 18, 2008 SPEaKER: melanie Stewart – executive Director, Planning and Policy research, Climate Action Secretariat TOPiC: Climate Change:

legislative Initiatives in b.C.

This well-attended meeting which, was also available by Webinar to members outside Vancouver, featured an inform-ative PowerPoint presentation prepared by the Climate Action Secretariat on B.C.’s Action on Climate Change. Reducing B.C.’s GHG (Greenhouse Gas) emissions by at least 33 per cent below 2007 levels by 2020 and at least 80 per cent below by 2050 are targets of B.C. Climate Action. Five key strategies to implement this are: regulation, fiscal measures, market mechanisms, support for technology and behaviour change. Ms. Stewart showed graphs of the carbon tax from now through to 2011 explaining the carbon tax revenues and the revenue neutrality of the tax through tax reductions including personal and corporate income tax reductions and the low income climate action tax credit. B.C. is working in partnership with EU coun-tries, US states, New Zealand, Norway and Mexico to collect and provide emissions data and make

future linking of trading programs possible. Ms. Stewart also briefly discussed the proposed timing for regulations supporting further operationalizing the legislative framework enacted to date.

hEalTh law MEETinG: June 23, 2008 SPEaKERS: Donald yule, QC, Partner, Guild, yule and Company llP and David Pilley, Partner, Harper Grey llP

TOPiC: A Critical look at the Proposed Health Care Costs recovery Act (bC), 2007/2008 b.C.

Health Case law update

Mr. Yule provided a critical examination of Bill 22 (the Health Care Costs Recovery Act (BC)) and its potential implications to Section members in attendance and by teleconference. Bill 22, which creates a statutory right of recovery for the costs of healthcare services against a wrongdoer, has passed its third reading in the Legislature and is awaiting proclamation by regulation. Mr. Yule also

discussed a number of provisions and issues outlined in detail in a memorandum regarding Bill 22. Mr. Pilley reviewed recent developments in health jurisprudence in B.C., focussing mainly on claims involving physicians. He discussed in detail the following cases: Sadlowski v. Young, 2008 BCSC 456; Watt v. Hicks, Wong, et al.; Austin v. Joaquin, 2007 BCSC 1287; and Bohun v. Sennewald, [2007] B.C.J. No. 408; Bohun v. Segal, [2008] B.C.J. No. 97 (B.C.C.A.) BT

See what you’re Missing!The CbAbC invites you to attend one Free SeCTIon meeTInG in person, by Webinar or tele-conference. CbA membership is not mandatory for this offer – we want to remind you of the benefits of belonging to the CbA! view upcoming Section meetings online at www.cba.org/bc and print a Privilege Pass.

Put a face to a name! Those Section meeting notices, minutes and legislative updates you receive on an ongoing basis are circulated by Cora yuen,

Administrative Assistant to CbAbC Sections. make sure you are signed up again for the 2008–2009 Section year and continue to receive her e-mails. Section

activity is well underway. If you need a form please contact the branch office or download one at www.cba.org/bc/PD/main/sections.aspx.

MEET CORA


FEaTuRE eXeCuTIve APPoInTmenTS

Executive Committee 2008/2009

BRanCh PRESiDEnTMiriam Maisonville

miriam maisonville was called to the bar in british Columbia in 1986 and the bar in Alberta in 1991. A graduate of the university of british Columbia law school in 1985, miriam practices with the ministry of the Attorney General, Appeals and Special Prosecutions, conducting fraud prosecutions and appeals. A member of the bilingual Prosecutors group, she also conducts French language prosecutions. miriam prac-tised civil litigation and conducted criminal defence work prior to joining the ministry in 1994. She is a past Chair of the vancouver Criminal Section, and a past President of the Association des Juristes d’expression Française de la Colombie-britannique.

viCE-PRESiDEnTJames M. Bond

James is a Partner in the vancouver office of lang michener llP. James’ practice is concentrated in the areas of mergers and acquisitions, franchise and distribution, privacy, technology, and intellectual property law. James holds a bv rating from martindale-Hubbell, has been ranked for the last four years as a “leading lawyer” in Canada by the legal publication, leXPerT, and has been named one of “Canada’s best lawyers” for 2008. James is an active volunteer, and is a former member of the executive Committee of the vancouver bar Association.

PaST-PRESiDEnTF. Kenneth Walton

This year Ken Walton serves on the executive as Past President. Ken graduated law school from the university of Saskatchewan in 1972. He was admitted to the Saskatchewan bar in 1973 and the b.C. bar in 1975. His practice life has been spent in victoria b.C. since 1974. Presently, his work is in ICbC claims, wills and estates, CPP and WCb claims and general civil litigation. Ken has been an active rotary Club member for years and is a past Assistant Governor as well as a past President of

Kinsmen, K-40 and rotary and a past member of many boards.

SECRETaRy-TREaSuRER Stephen McPhee

Stephen began his legal career in South Africa where he was called to the bar in 1997. His law degree was earned at the university of Stellenbosch, situated in the heart of the South African wine lands, which makes his successful academic performance there even more impressive. He immigrated to Canada in 1997, obtained his Canadian legal accreditation in 2000, and was called to the bar in b.C. in 2002. Stephen is a partner with ramsay lampman rhodes in nanaimo and practises general, commercial and

civil litigation, personal injury and family law. He has a special interest in ADr.


OFFiCERMichael R. Dunn

michael r. Dunn (b.C. bar 1993; on 2005) is an enthusiastic volunteer. From 2002 until 2006, michael r. Dunn was the Chair of the membership Committee, member of the national membership Committee of the CbA, member of the CbAbC legislation and law reform Committee, and member of the CbAbC law Week Committee. He is a member of the ontario bar Association, and member of national Council. In 1993, he founded the vancouver law Firm of Dunn & Company where he specializes in complex civil litigation.

OFFiCERSusan Elaine Wishart

Sue Wishart is a partner in the firm of mcKimm & Wishart in victoria where she practises criminal defence law. Prior to graduating from uvic law School in 1994 Sue obtained a masters of Science degree from Queen’s university. Sue was the Chair of the Criminal Justice Section (victoria) from 2004 to 2008 and participates annually in the CbA/uvic mentoring program. She is also on the executive of the victoria bar Association and is a sessional instructor with uvic Faculty of law, teaching Advocacy.

OFFiCER Marina Morgan

marina morgan has her own firm in West vancouver, practising primarily criminal law, as well as civil litigation, mainly in commercial matters. Called to the bar in 1985, she prosecuted in the vancouver region, and did complex litigation at a vancouver firm before starting her own practice. She has been an active member of various CbA Sections and initiatives. A regular guest instructor on advocacy related, ethical and criminal matters for various professional groups, including Cle, PlTC and ubC, she

also has varied board and committee experience.

yOunG lawyERS OFFiCER Kerry Lynn Simmons

Kerry practises at Cook roberts llP where she assists clients with family law and civil litigation disputes. Called to the bar in 2000, Kerry has been a member of Provincial Council as a Section Chair from 2001-2007 and as an elected member for victoria County since 2007. Among her professional and community service, she is a member of Camosun College’s legal office Assistant Program Advisory Committee and is appointed to the Inquiry Committee of the College of Dental

Hygienists of british Columbia.

EqualiTy & DivERSiTy REPRESEnTaTivE Jennifer Spencer

Jennifer Spencer is an associate at blake, Cassels & Graydon llP where she practises commercial litigation and aboriginal law. A graduate of uvic law School, she has been a member of Provincial Council as a Section Chair since 2005. Jennifer coaches the ubC law Kawaskimhon moot team, is a member of the Advocates Club and volunteers with the yWCA High School Girls mentorship Program and Pro bono law b.C.’s civil chambers duty counsel project. Her focus as the Provincial executive’s equality and Diversity representative is the contribution of women and minorities to the profession.


CBa – Task Force on Conflicts of interest Report

At the August meeting of the CBA National Council, the Task Force on Conflicts of

Interest presented its Report after almost two years of work. The Report was submitted to Council by the Task Force Chair, Mr. Scott Jolliffe, of Gowlings. Mr. Jolliffe advised Council that nothing in the Task Force Report waivers from the commitment to the immutable principles which necessarily guide lawyers in their work:

• Lawyers must never permittheir own interests or their duties to others to compromise their represen-tation of a client;

• Lawyersmustprovidezealousrepresentation;• Lawyersmustprotectclientconfidences.

Mr. Jolliffe emphasized that clients are entitled to expect that their lawyers will act with integrity and will provide them with solid legal advice.

The Task Force mandate was to propose guidelines for the profession in dealing with conflict issues. The mandate was not to attempt to overturn Supreme Court of Canada decisions or to re-write the law. The Task Force recognized that it was up to the regulatory bodies to set professional standards for the profession and to enforce those standards through their disciplinary func-tion. Ultimately as it is up to the Courts to accept or to reject the regulatory standards set by the Law Societies.

The final Report contains 21 recommendations that were developed after extensive consultation with CBA Members. The Task Force canvassed the views of lawyers from varied type of practices, in every size of firm and in every region of the country.

Ultimately the Report has five main parts:1. In the Executive Summary you will find a brief

explanation of the context of the Task Force’s

work and its recommendations. It also contains a synopsis of the recommendations and how to apply them when analyzing a potential conflict of interest.

2. The Introduction briefly describes the content of each chapter.

3. The Recommendations are set out at pages 8 and 9 of the Report.

4. Legal Analysis and Discussion forms the core of the Report from pages 11 to 150.

5. The Appendices from pages 151 to 182 have lists of cases

cited and other sources. From page 183 onwards, the Report contains what has come to be known as “The Tool Kit.”

The Report of the Task Force was presented to Council for adoption on August 16, 2008 and ultimately received the overwhelming endorsement of Council.

The work is not yet over. The next phase for the Task Force will involve input on the task of amend-ing the CBA Professional Code of Conduct as recom-mended in the Task Force Report. Additionally, it is our hope that the Task Force will be able to work with the Federation of Law Societies so that our rec-ommendations can find their way into the national model Code of Conduct currently being developed by the Federation.

The Task Force Report can be viewed on the CBA National website and I urge all members to access and read the Report. I ask members to con-sider the Report and Tool Kit to ensure that in their day to day dealings with clients that they continue to recognize and respect the fundamental principles articulated in the Report that must guide lawyers in all of their work. BT

FEaTuRE roberT brun, QC

robert brun, QC, of Harris & brun, is a past President of the CbAbC, a bencher for vancouver and a member of the Conflicts of Interest Task Force.


WArren T. WIlSon, QC FEaTuRE

Duty of loyalty to an affiliate of a Client

Is an affiliate of a corporate client a client for the purpose of the duty of loyalty owed by a lawyer to a client? The

recent Report of the CBA Task Force on Conflicts of Interest, August 2008 (the “Report”) devotes chapter 4 to Clients, Near-clients, and Non-clients. The Report makes the case that the client is only the person or entity that consults the lawyer and not other parties who are affiliated. I agree with this proposition. However, I have found no case in British Columbia dealing with the issue. Should the issue arise in a British Columbia case, the court may find the analysis in the Report useful.

In a national law firm, difficul-ties occur where the ethical rules governing lawyers in one prov-ince differ from those in anoth-er. In the Ontario case, Toddglen Construction Ltd. v. Concord Adex Developments Corp. (2004) 34 C.L.R. (3d) 111 (Ont. Sup. Ct. [Master]), the Master considered Rule 2.04(4) of the Rules of Professional Conduct of the Law Society of Upper Canada. That rule provides that “persons who were involved in or associated with the client in that mat-ter” are also “clients” for the purpose of the loyalty rule. In the Toddglen case, the Master considered the affiliate to be a client merely because it was an affiliate, and not because it had any relation-ship to the matter. The Master in the Toddglen case referred to the case, UCB Sidac International Ltd. v. Lancaster Packaging Inc., 1993 CanLII 5588 (On S.C.).

In the Sidac case the affiliate was associated in the matter and so was considered a client. In my view, Toddglen extends the concept beyond what was intended by the Law Society of Upper Canada and the law. I think the Toddglen case was wrongly decided. It does not appear to have been appealed.

Whether or not wrongly decided, the Toddglen case does have weight in Ontario. Many Ontario lawyers are reluctant to see their firms take on cases against affiliates of clients because of the Toddglen case. That concern con-strains lawyers in offices of nation-al firms outside of Ontario.

The foregoing relates to ethical conflicts. There is also a business conflict concern in deciding to act adverse to an affiliate of a client, even if the law firm does not act for the affiliate. At least one major financial institution requires that

all its lawyers seek consent before acting against either it or any of its hundreds of affiliates. It is always wise to consider the risk of offending an

existing client. Even if consent is not required for ethical reasons, giving the client a “heads up” may be the prudent course of action. In my experience most large corporations understand that lawyers will fulfill their

duty of loyalty to the corporation even though the lawyer acts against a non-client affiliate. Nonetheless in-house counsel will appreciate a call to ensure that such counsel can deal with any displeasure expressed within the corporation. BT

Warren T. Wilson, QC is a retired partner at the vancouver office of borden ladner Gervais llP where he is currently responsible for lateral hires and professional responsibility and is Chair of the Conflicts Committee. mr. Wilson is a life bencher and Past President of The law Society of british Columbia. He is currently the Chair of The law Foundation of british Columbia.

“ontario lawyers are reluctant to see their firms

take on cases against affiliates of clients.”


GuEST DAvID WoTHerSPoon AnD nICole melAnSon

Tilting against Giants… Can Online Counterfeiting laws work?

Co u n t e r f e i t -ing is com-monly viewed as a harmless

infraction, a smart way to get the luxury look one craves at a fraction of the price. In truth, counter-feiting is one of the fastest growing economic crimes in modern times, acceler-ated by advances in Internet technology. What was once a cottage industry has become a highly sophisti-cated network of organized crime with the capacity to threaten the very fabric of national economies, endanger safety and frequently kill.

Recent statistics suggest two in five Canadians admit purchasing counterfeit goods. Goods often counterfeited include: software, media, apparel, industrial and household devices, food, toys, cosmet-ics and pharmaceuticals. The prevalence of counter-feit goods available online is staggering. Estimates show a record $119 billion in imitation goods were sold over the Internet in 2007. This surge is due to three main features of the Internet marketplace: the profitable exchange of goods without prominent marketing, illicit business activity is largely untrace-able, and even if traced, is fraught with jurisdictional obstacles to enforcement.

Canada acknowledges that counterfeiting pres-ents public health and safety concerns, and has made international commitments to combat this bane. Our laws provide some protection for intellectual property rights in the context of counterfeit goods. Criminal sanctions with potentially severe penalties for copyright and trade-mark infringements exist. However, prosecution and enforcement remain inef-fective due to lack of resources and training.

The civil remedies available under the Trade-marks and Copyright Acts depend entirely on the dili-gence of the rights’ holders. Remedies for successful

litigants include damages, a share of the profits, injunc-tions, or surrender of the infringing goods. However, online counterfeiters are difficult to sue as they fre-quently operate overseas and often have little or no respect for the law or legal

proceedings. Further, civil remedies are typically only pursued by large companies as they are often prohibitively expensive. These practical problems generally are compounded in the online environment. The people behind online counterfeit operations are often impossible to identify, litigate or enforce against. Internet anonymity has therefore spawned a recent litigation trend with brand owners targeting online sales platforms like eBay. Unfortunately, Canadian jurisprudence lacks clear rulings in this area.

A more promising solution to the online sale of counterfeit goods may be an Internet-based adjudi-cation process similar to international and national domain name dispute resolution procedures, such as the Canadian Domain Name Resolution Policy. The rules of this process might be adapted to address online counterfeit sales. Thus, online IP infringement may effectively be targeted at the domain name sys-tem. Domain name registration agreements could be amended to submit to online dispute resolution in the event of complainants that registrants use sites for the sale of counterfeit goods. The dispute resolution pro-cess proposed would not supplant the civil remedies in the context of online counterfeits, but be complimenta-ry. One remedy could be the cancellation or transfer of the domain name to the complainant to avoid further abuse of the domain by the registrant. Even though this proposal may only provide partial or temporary relief as the goods may still be sold elsewhere on or offline, the ability to quickly halt online sales would provide a first line attack on the counterfeit market. BT

David Wotherspoon and nicole melanson


have you heard the One about the lawyer…

lawyER REFERRal SERviCE

it’s not a Joke… See what Members of the lRS are Saying about the lawyer Referral Service!

marianne WaltersSole Practitioner, Abbotsford, b.C.

lRS MEMBERShiP hElPS TO BuilD yOuR CliEnT BaSElrS target market: individuals who do not know which lawyer to contact and are able to afford a lawyer.

The courts, government agencies, local businesses, community organizations and lawyers refer the public to the lrS.

lrS registration is free to CbA and non-CbA members.

ThE lRS SCREEnS POTEnTial CliEnTS FOR yOulrS referral analysts screen calls so they are well-targeted, before you or members of your staff spend valuable time on the phone. When a caller reaches you or your staff, the nature of the call and the relevant areas of law are clearly established, and location and language preferences are already taken into account.

ThE lRS MaRKETS anD aDvERTiSES yOuR SERviCESWhen you join the CbA lrS, your practice will benefit from the lrS marketing and advertising programs at no cost to you or your law firm.

Currently, lrS reaches potential clients through advertis-ing in the yellow Pages in various telephone directories throughout the province. brochures are also distributed that explain and promote the service. The public is referred to the lrS through a variety of sources including

the courts, employee assistance programs, libraries, victim services and other legal services. Also, the lrS online presence attracts attention nationwide.

ThE lRS iS a PuBliC SERviCEmany lawyers enrol in the lrS as a public service, and have few expectations with respect to gaining clients. others find the service a good source of client referrals. regardless of your motivation, we encourage you to get involved in this worthwhile CbA program.

iT’S EaSy TO JOin lRSThe lrS membership application is enclosed as a barTalk insert and is available online at the CbAbC website, www.cba.org/bc, select lawyer referral Service under the “Initiatives” tab.

Sign up for the lawyer Referral Service today and we can start directing some of those referrals your way. Call the lRS staff at 604-687-3221 or 1-800-663-1919 for more information on how the lawyer Referral Service can help clients find and hire you.

2007/2008 STaTiSTiCSnumber of incoming calls: 67,802

number of referrals to lrS Panel members: 37,015

Top five areas of law: family, employment (non-union), wills, estate and trusts, tort and criminal.

“lrS has given me an opportunity to be of service to a variety of small and large clients in our community. The upside for me is that many of these have become my clients. I recommend this opportunity to all b.C. lawyers.”

Kwadwo Frempong, ASH, o’Donnell,

HIbberT, barristers & Solicitors,

notaries Public, richmond and

langley, b.C.

“Since being called to the bar, I have been practising in a small firm with three other lawyers. I could not have survived financially without the referrals from lrS who have since become clients. Also, lrS is a great way to give back to the community. I have represented several clients pro-bono who were referred to me and couldn’t afford to pay me and didn’t qualify for legal aid. lrS is a great service!”

...who Joined the lawyer Referral Service & watched his Practice Grow?


The Law Society of B.C.and the Canadian Bar

Association, B.C. Branch warmly invite members

of the profession and the judiciary to attend the

24th Annual Dinnerfor the Bench and Bar

Date: Wednesday, November 19, 2008Time: Reception – 5:45 p.m. (cash bar) Dinner – 6:30 p.m. (wine included)Place: The Pan Pacific Hotel Crystal Pavilion, Lobby Level 300 - 999 Canada Place Way Vancouver, B.C.Dress: Business attireTickets: $95.00 per person ($90.48+$4.52 GST)

This year's Bench and Bar Dinner comes to the Pan Pacific Hotel

in Vancouver, offering members of the legal profession and the judiciary a unique opportunity

to enjoy an evening of good company and conversation.

The Dinner will honour the recipi-ents of the Law Society Award

and the CBA Georges A. Goyer, QC Memorial Award for Distinguished Service (to be announced this fall).

The Benchers are pleased to announce that John McAlpine, QC,

will receive the Law Society Award for 2008 in honour of his

lifetime contribution to the public and the legal profession.

Please join the Benchers of the Law Society and the members of the CBA Executive and Provincial

Council in paying homage to those who have made outstand-ing contributions to the cause of

justice in British Columbia.

&Dinner

Send _____ tickets @ $95.00 each. Total $ . GST #106843451 RT

For more information or special requirements, contact Beverly Yhap at 604-646-7855 or toll-free at 1-888-687-3404 ext. 306.

Name:

Firm:

Address:

City: Postal code:

Telephone: Facsimile:

Visa MasterCard Cheque enclosed (payable to the Canadian Bar Association, B.C Branch)

Credit card number: Expiry date:

Signature:

BY FAX: Please fax your ticket order, with credit card information, to 604-669-9601 or 1-877-669-9601.BY MAIL: Mail your ticket order, with payment, to Beverly Yhap, CBABC, 10th Floor – 845 Cambie Street, Vancouver, B.C. V6B 5T3.

Bar

Tickets are limited and available only while quantities last, so place your order early.

Bench


ACTS In ForCe lEGiSlaTivE uPDaTE

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

aTTORnEy GEnERal STaTuTES aMEnDMEnT aCT, 2007, S.B.C. 2007, C. 14 (Bill 33)

Item 73 of schedule 15 as it amends Section 140.1 in the definitions of “failure to make timely disclosure” and “management’s dis-cussion and analysis,” 140.3 (4), 140.4(8)(e) and (17), 140.5(1) and (2) and 141.2(2)(b) of the Securities Act, enacted by the Securities Amendment Act, 2007, are in force July 1, 2008

CaRBOn TaX aCT, S.B.C. 2008, C. 40 (Bill 37) Section 97 is in force July 1, 2008

EnviROnMEnTal (SPECiES anD PuBliC PROTECTiOn) STaTuTES aMEnDMEnT aCT, 2008, S.B.C. 2008, C. 33 (Bill 29) Section 28 is in force September 9, 2008

FORESTS anD RanGE STaTuTES aMEnDMEnT aCT, 2008, S.B.C. 2008, C. 4 (Bill 8) Sections 1, 2, 3, 5, and 6 are in force June 27, 2008

GREEnhOuSE GaS REDuCTiOn (EMiSSiOnS STanDaRDS) STaTuTES aMEnDMEnT aCT, 2008 (Bill 31), S.B.C. 2008, C. 20 (Bill 31) Section 18(b) and (d) are in force June 27, 2008

KnOwlEDGE nETwORK CORPORaTiOn aCT, S.B.C. 2007, C. 22 (Bill 23)Sections 1 to 18, 20 to 24, and 26 are in force June 27, 2008

CuRREnT FROM JunE 30 TO SEPTEMBER 9, 2008legislative update is provided as part of the CbAbC legislative and law reform program. It is a service funded by CbA membership fees, and is, therefore, provided as a benefit of CbA membership. The full version of legislative update is now only published online and available to CbA members exclusively at www.cba.org/bc.

MiSCEllanEOuS STaTuTES aMEnDMEnT aCT, 2008, S.B.C. 2008, C. 30 (Bill 33) Sections 42 to 59 are in force July 1, 2008. Sections 67(a) and 68 are in force July 1, 2008 MiSCEllanEOuS STaTuTES aMEnDMEnT aCT, (nO. 2), 2008, S.B.C. 2008, C. 42 (Bill 43) Sections 2 and 126 to 135 are in force June 25, 2008. Sections 13, 78, 80, 83, 85(b) and 87 are in force July 1, 2008

Oil anD GaS aCTiviTiES aCT, S.B.C. 2008, C. 36 (Bill 20) Sections 152(b), (g) to (i) and (k) to (m), 163, 174 to 181, 185, 190, 191 and 195(b), (d) and (f) are in force June 27, 2008

PaRKS anD PROTECTED aREaS STaTuTES aMEnDMEnT aCT, 2007, S.B.C. 2007, C. 27 (Bill 24) Section 3 is in force June 27, 2008. Section 4(a) is in force July 30, 2008

PROTECTED aREaS OF BRiTiSh COluMBia (COnSERvanCiES anD PaRKS) aMEnDMEnT aCT, 2008, S.B.C. 2008, C. 26 (Bill 38) Section 5(a), Section 7, insofar as it establishes Denision-Bonneau Park, Eagle River Park, Mara Meadows Park and Wap Creek Park, Section 9, except insofar as it establishes Broughton Archipelago Conservancy, Burdwood Group Conservancy, Kingcome Estuary Conservancy, K’zuzalt/Twin Two Conservancy and Polkinghorne Islands Conservancy and Section 11 are in force June 27, 2008. Section 5(b),

Section 7 insofar as it establishes Atna River Park and Morice Lake Park, and Section 9 insofar as it establishes K’zuzalt/Twin Two Conservancy of Bill 38 are in force July 11, 2008

SChOOl (STuDEnTS aChiEvEMEnT EnaBlinG) aMEnDMEnT aCT 2007, S.B.C. 2007, C. 29 (Bill 20) Section 20 enacting Section 82.1(2)(a), (5) and (6) of the School Act in the School (Students Achievement Enabling) Amendment Act 2007, S.B.C. 2007, c. 29 (Bill 20) is in force January 1, 2009

SECuRiTiES aMEnDMEnT aCT, 2007, S.B.C. 2007, C. 37 (Bill 28) Sections 1, 16, 17, 18, 20 and 40(c) and (f) are in force July 4, 2008

SECuRiTy SERviCES aCT, S.B.C. 2007, C. 30 (Bill 15) Act is in force September 1, 2008

SMall BuSinESS anD REvEnuE STaTuTES aMEnDMEnT aCT, 2008 (Bill 11), S.B.C. 2008, C. 11 (Bill 11) Sections 1, 2(a) adding the definition of “eli-gible supportive housing property,” 2 (d), 3 and 4 are in force June 27, 2008

TRanSPORTaTiOn invESTMEnT (PORT Mann TwinninG) aMEnDMEnT aCT, 2008, S.B.C. 2008, C. 19 (Bill 14) The Act is in force June 25, 2008

univERSiTy aMEnDMEnT aCT, 2008, S.B.C. 2008, C. 24 (Bill 34) The Act is in force September 1, 2008

Subscribe to TOPiCS, BClMa’s Free quarterly newsletterThe british Columbia legal management Association’s (bClmA) free quarterly newsletter, ToPICS, includes articles on current issues and recent developments related to law office management. For the current issue visit www.bclma.org/topics and e-mail [email protected] to subscribe.


nEwS

Technology Tip from Dave Bilinsky’s Award-Winning Blog: (www.thoughtfullaw.com):

I have been a fan of onPoint law Corporation’s “Take Five newsletter” for some time. This free monthly resource summarizes five key cases from the british Columbia Court of Appeal in a clean, easy to read e-mail. The latest version (August 2008) dealt with the robertson v. Slater vecchio case (http://tinyurl.com/6beb8v) regarding firewalls when lawyers transfer between firms and the implementation of the law Society’s conflict guidelines in this regard.

Hats off to Sarah Picciotto and the rest of her legal research team at onPoint law Corporation! She is at the forefront of lawyers using off-site contract services in a cost-effective manner. you can subscribe to the Take Five newsletter by sending an e-mail to: [email protected]. It’s alright – just take five!

DAVE's TECh Tip

CPD, the CBaBC, and youon January 1, 2009, the law Society of b.C. will implement its Continuing Professional Development Program to establish educational standards for lawyers and to make participation in the program a condition of our license to practise. Apparently, almost one-third of the profession reported no formal course study when professional development was voluntary; and, nearly one-fifth reported no self-study. now, all practising lawyers, full-time and part-time, must complete a minimum of 12 hours of approved educational activities annually. Two hours of the 12 must include any combination of professional responsibility and ethics, client relations and practice management. It does not appear self-study will be required.

The CbA is accredited by the law Society as one of the few preferred providers of continuing professional development. Attendance at CbAbC Section meetings and courses, in-person, by Webinar or by teleconference, counts toward your coursework hours. To make it easier for you, the b.C. branch has introduced an

online program at cba.org/bc to record and report your hours, provided you sign attendance sheets at Section meetings. As Chair of the CbAbC’s Professional Development Committee, I plan to ensure that the CbAbC assists members in meeting their continuing professional development goals by providing seminars and courses, in addition to our quality Section meetings, which are accessible and convenient for all lawyers across b.C. Section meetings may be the most affordable way for CbA members to meet continuing professional requirements. The CbAbC will also continue to monitor the evolution of the law Society’s Continuing Professional Development Program, and advocate for our members’ interests.

The law Society will distribute further details to all lawyers in early october.

Kenneth Armstrong, Chair, Professional Development Committee

Furthermore, there appears to be considerable confusion as to what is a “simple conveyance” in accordance with Appendix 3 (Real Estate Transactions) to the PCH. It is respectfully suggested that this Appendix be reviewed periodically in order to keep awareness at the forefront of a lawyer’s mind.

Lawyers should call the Practice Advice Department at the Law Society if they desire an objective and disinterested opinion as to whether or not they are in a conflict of interest.

There is one thing that is certain and that is no firm wishes to have rumours on the street that they were in a conflict doing this or a conflict doing that and had to get off a file as a result. BT

Continued from page 7


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a Message From

your work-life Balance Committeeon reading the law Society’s 2007 Annual report (available online if you threw out your copy because you didn’t have time to read it!), we noticed that 491 new b.C. lawyers joined the ranks in 2007, almost 75 per cent of whom will probably practise as sole practitioners.

Anna K. Fung, QC, also commented in her outgoing President’s message on the “eagerness and optimism” of the new members she had welcomed to the law Society.

In addition to their eagerness and optimism, what skills will these future sole practitioners need to avoid the “oversights,” failures of “engagement management” and “lack of communication” that are the basis of 70 per cent of claims on the lawyers’ Insurance Fund?

They will need to proactively manage these risks with excellent time management and work-life balance skills. We are all more efficient and productive, and we all communicate better when we are less stressed and overwhelmed. So having a life is actually good risk management against these kinds of claims!

Start today with just a few minutes for yourself; you’ll soon notice the benefits. Gradually, take more time for your life and put work in its place!

new articling Registry Connects law Firms with StudentsThe Canadian Bar Association, B.C. Branch and Law Society of B.C. have launched an innovative online Articling Registry for Canadian law students and B.C. lawyers. The Registry is the first of its kind to enable both lawyers and students to look for articling positions by location, timeframe, and area of practice. Firms and students can sign on and post available positions, positions sought and resumes. Postings remain current for 45 days and can be changed and modi-fied as desired.

The Registry is designed to promote articling, including shared articles, throughout B.C., with a particular focus on sole and small firm practices outside of the Lower Mainland and Victoria region. “This was an initiative that came out of our Small Firm Task Force,” explained John Hunter, QC, President of the Law Society of B.C., “and the Task Force considered it to be likely that students who choose to article in smaller communities would, if given the oppor-tunity, stay in those communities after being called to the Bar.”

Some sole and small firm practitioners have reported that while they may not have enough legal work to justify hiring an articling student on a full-time basis, they would be in a position to share a stu-dent with another firm. The Task Force considered it to be likely that students who choose to article in smaller communities would, if given the opportunity, stay in those communities after being called to the Bar. An increase of articling students in sole and small firms would support and strengthen the viability of law practices and the provi-sion of legal services in both the short and long term. The Task Force received strong encouragement from sole and small firm practitioners to support and promote an expanded shared articling program.

“The goal of the Registry,” explained Kenneth Walton, Past President of the CBABC, “is to increase the number of articling stu-dents with sole and small firms which will support and strengthen the viability of law practices and the provision of legal services in both the short and long term throughout the province.”

Over the coming months, the Law Society and CBABC will be working to encourage both lawyers and law students to post infor-mation on the Articling Registry.

Get Connected! Students and Law Firms who are interested in participating in this exciting new initiative can visit the CBABC website: www.cba.org/bc and click:


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tails

)October – november 2008

CalEnDaR

October 3 Retirement Dinner for the Hon. Judge McGivern (Law Courts Inn)

October 4 Nanaimo County Bar Association AGM and Battle of Bar Bands (Convention Centre, Nanaimo)

October 5 2009 Lawyer Show Auditions (Carousel Theatre Rehearsal Space)

October 6 Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries

October 8 Lawyers Assistance Program: Burns Book Group

October 17 CBABC Executive Committee Meeting (CBABC Boardroom)


October 22 Lawyers Assistance Program: Burns Book Group

October 22 Vancouver Bar Association 5th Annual Fall Wine Festival (Terminal City Club, Vancouver)

October 23-25 B.C. Legal Marketing Association 2008 Educational Conference (The Westin Resort & Spa, Whistler)

October 25 CBA National Board of Directors Meeting (Ottawa)


October 29 CBABC Women Lawyers Forum Award & Launch Event (Sutton Place Hotel)

November 3 Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries

November 5 Lawyers Assistance Program: Burns Book Group



November 13 CBABC Executive Committee Meeting (CBABC Boardroom)


November 19 Bench & Bar Dinner (Pan Pacific Hotel, Vancouver)

November 21-22 CBABC Third Annual Conference: The Spirit of San Diego (San Diego, California)


November 26 Fraser Valley Bar Association AGM (Sonoma Grill, Langley)


December 1 Lawyers Assistance Program Workshop: Creating Balance Through Healthy Boundaries

December 4 CLEBC/CBABC First Annual Residential Real Estate Conference (Pan Pacific Hotel, Vancouver)

December 5 LSBC Presidents Meeting (Delta Airport Hotel, Richmond)

December 6 CBABC Provincial Council Meeting (Delta Airport Hotel, Richmond)


naTiOnal nEwS

Conflicts of interestThe CBA’s Task Force on Conflicts of Interest published its landmark report containing 21 recommendations dealing with the duty of loyalty, the duty of confidentiality and letters of engagement, on August 16 at the CBA’s Canadian Legal Conference in Quebec City.

Since its creation in March 2007, the 16-member Task Force successfully fulfilled its ambitious mandate to propose practical guidelines for the profession in applying our duties of loyalty and confidentiality to clients. At 275-pages, the report includes a 75-page tool kit that contains forms, samples and precedents for lawyers.

On August 17, CBA Council endorsed the approach of the Task Force. Over the coming months the final recommenda-tions will be redrafted into actual amendments to the CBA’s Code of Professional Conduct, and presented to Council for final approval in February 2009.

Report uuuhttp://www.cba.org/CBA/groups/pdf/conflicts_finalreport.pdf

Toolkit uuuhttp://www.cba.org/CBA/groups/conflicts/toolkit2.aspx

Podcast uuuhttp://www.cba.org/CBA/groups/conflicts/

Resolution uuuhttp://www.cba.org/CBA/resolutions/pdf/08-04-A-ctfd.pdf

Resolutions Also on CbA Council agenda were resolutions on topics including choice of official language by clients, regis-tered pension plans for self-employed lawyers, a comprehensive renewal of the Privacy Act, compensation of prothonotaries, and policies covering CbA preferred suppliers, event sponsors and periodical advertisers.

Resolutions (requires CBA member number) uuuhttp://www.cba.org/CbA/resolutions/2008res/Default.aspx

Conflicts of Interest Task Force member Susan mcGrath (left) joins Chair Scott Jolliffe (centre) and then-President bernard Amyot (right) at a news conference on the release of the report.

PRESiDEnT’S awaRD J. Vincent O’Donnell, QC, Ad. E. of Montreal

PuBliC SECTOR lawyERS JOhn TaiT awaRD OF EXCEllEnCE Vincent Calderhead of Halifax

RayMOn JOhn hnaTyShyn awaRD FOR law A. Alan Borovoy, OC of Toronto

FOunDaTiOn FOR lEGal RESEaRCh walTER OwEn BOOK PRizE Marie Pratte, of l’Université d’Ottawa, and Jean Pineau, formerly of l’Université de Montréal

lOuiS ST-lauREnT awaRD OF EXCEllEnCE Virginia Engel, QC of Calgary

SOGiC awaRDS The Honourable Claire L’Heureux-Dubé (Ally), for-merly of the Supreme Court of Canada, and Toronto lawyer Joanna Radbord (Hero)

TOuChSTOnE awaRD Nova Scotia Family Court Judge Corrine Sparks of Halifax

yOunG lawyERS PRO BOnO awaRD Heenan Blaikie LLP associate Ryan Teschner of Toronto

TaRnOPOlSKy huMan RiGhTS awaRD Yves Fortier, CC, OQ, QC LL.D. of Montreal

JuSTiCia awaRD FOR EXCEllEnCE in JOuRnaliSM Reporter Madeleine Roy and producer Mireille Ledoux for of Societé Radio-Canada’s Emission Enquete (broadcast), and journalist Don Butler of the Ottawa Citizen (print).

Details on CBA award winners uuuhttp://www.cba.org/CbA/news/2008_releases/

Recognizing Excellence During its Conference in Quebec City in August, the CbA honoured lawyers who made exceptional contributions to the association and the legal profession.

virginia engel, QC of Calgary receives louis St-laurent Award from Second vice-President Kevin Carroll, QC.

québec 2008


MEMBER SERviCES

This page highlights just some of the services available to members through the CbAbC. Check CBABC News & Jobs every week for updates

and get the member Services advantage by sub-scribing to our e-newsletter: [email protected] with “subscribe” in the subject line. Information on all member Services discounts is available at www.cba.org/bc (go to member savings).

Fall Ski Promotion – October 1 - november 19 Save when you hit the slopes this ski-season with our online exclusive! CbAbC is offering members outstanding discounts on ski packages to Whistler blackcomb, big White, Silver Star and Sun Peaks when you order online between october 1 - november 19, 2008.

whiSTlER BlaCKCOMB Save up to 25 per cent on ski-tickets for Whistler blackcomb!

neW this year at Whistler blackcomb – the Peak 2 Peak Gondola opening in December 2008 links 8,171 acres of terrain into one continuous lift system for skiers and riders to maximize both mountains in one day!

SavE 15 PER CEnT aT SilvER STaR, BiG whiTE, anD Sun PEaKS outside the lower mainland, the savings continue at big White (Kelowna), Silver Star (vernon) and Sun Peaks (Kamloops) ski hills.

hOw TO ORDER: www.CBa.ORG/BC BETwEEn OCTOBER 1 – nOvEMBER 19, 2008 Ski ticket purchases will be delivered by the last week of november.

vancouver Canucks Tickets on Sale Get ready for the best hockey season ever. And CbAbC has your tickets. Pre-Season starts September 23 against edmonton. Tickets as low as $60 (incl. GST, shipping extra). Hurry… order in multiples of two from the CbAbC website featuring discounts anywhere from eight per cent to 34 per cent off the box office.

Speaking of hockey… the Puck Drops December 6 lace up, gear up and head onto the ice for the CbAbC’s annual Hockey night in richmond on December 6. A highlight of the December Provincial Council meeting, this game takes place at richmond Ice Centre, 14140 Triangle road from 5:30-6:45 p.m. even if you don’t play, come watch and cheer, have a bowl of hot chili and network with colleagues. To sign up to play, contact [email protected] with “puck” in the subject line.

new This year: Pre-Season Combo for Premium Canucks Games When you buy a pair of Premium Game tickets, you can add up to four more tickets in the same seating section for the September 23 Pre-Season game at 50 per cent off the already discounted member price! eXAmPle: buy four tickets for the november 28 Premium game

in upper bowl II at $74.50 each, and you can buy up to four more tickets to the Sept. 23 Pre-

Season game against edmonton in ubII at the special rate of $34.50/ticket.

That’s eight tickets for two games at a total cost of $ 436 or $54.50

per ticket! (Tickets subject to availability; CbAbC reserves the right to limit ticket sales.)

are you Ready for an Emergency?

If you’d like to find out more about emergency preparedness,

consider attending CbA’s Lunch ‘n Learn on Tuesday, October 7 at the

People’s law Courts in vancouver. led by SoS Tech, this one-hour presentation will cover

the basic necessities for earthquake preparedness. If you can’t attend in person, attend via webinar at the same cost. Fee: $40. For more details and to sign up, visit the website or contact [email protected].

Earthquake and Emergency Preparedness Kits Back By Popular Demand CbAbC is once again offering members the opportunity to purchase emergency kits packed with everything you’ll need to survive up to 72 hours in the event of an unfore-seen disaster. Prices start at $48.80 for one-person kits and range up to $135 for a family of four. They make great Christmas gifts! Order before November 21 to ensure delivery in time for Christmas.


GRanTS aPPROvED

$168,000TOGEThER aGainST POvERTy SOCiETyLegal Advocacy Program 2008/2009

$150,000KETTlE FRiEnDShiP SOCiETyMental Health Legal Advocacy Program

$112,500MPa – MOTivaTiOn, POwER & aChiEvEMEnT SOCiETyCourt Services Program 2008/2009

$112,500B.C. CEnTRE FOR ElDER aDvOCaCy anD SuPPORT Legal Advocacy Program

$109,000aBBOTSFORD COMMuniTy SERviCES SOCiETyLegal Advocacy Project 2008/2009

$99,540yEllOw PaGES GROuPAdvertisement of Public Legal Services

$89,210COMMuniTy COnnECTiOnS SOCiETy OF SOuThEaST B.C.Travelling Poverty Law Advocate Program

$82,500POvnET SOCiETy PovNet Program

$82,500Ki-lOw-na FRiEnDShiP SOCiETyLegal Advocacy Services for Aboriginal People Living Off-reserve

$75,000SOuTh FRaSER wOMEn’S SERviCES SOCiETyLegal Advocacy Program 2008/2009

$71,450aCTivE SuPPORT aGainST POvERTyLegal Advocacy Program – 2008/2009

The Board of Governors of the Law Foundation of B.C. met on June 14, 2008.

Chair Warren Wilson, QC is pleased to announce that funding totalling $10,563,177 was approved for 18 continuing programs and 59 projects. For full details of the programs and projects that received funding, please visit the Law Foundation website at www.lawfoundationbc.org.

Funding totalling $5,349,025 was approved for the following 18 continuing programs: $2,737,750B.C. COuRThOuSE liBRaRy SOCiETy2009 Operating Grant

$535,480B.C. PuBliC inTEREST aDvOCaCy CEnTREOperating Expenses 2008/2009

$529,425wEST COaST EnviROnMEnTal law aSSOCiaTiOnOperating Expenses/EDRF (9-Month)

$279,310CanaDian BaR aSSOCiaTiOn, B.C. BRanChDial-A-Law, Lawyer Referral and Law Week

$64,860PORT alBERni FRiEnDShiP CEnTRELegal Advocacy Operating Grant

$50,000COnTaCT wOMEn’S GROuP SOCiETyLegal Advocacy Program 2008/2009

hSBC Bank Canada

law Foundation Chair Warren Wilson, QC, commends HSbC bank Canada for its commit-ment to paying a competitive rate of return on lawyers’ pooled trust accounts that ensures HSbC a spot on the law Foundation’s most preferred list of financial institutions.

As of July 1, 2008, the new agreement will pay a rate of prime less 2.25 per cent, less service charges. our thanks go to rory langran, Assistant vice President, Global Payments and Cash management, for the leader-ship he has shown in making this new agreement possible.

Increased revenues enable the law Foundation to fund pro-grams 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, physi-cal 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.

law Foundation of British Columbia GRaDuaTE FEllOwShiPS 2009/2010valuE: up to five (5) Awards of $13,750 each (subject to change).ClOSinG DaTE: January 5, 2009.

FiElD OF STuDy/ EliGiBiliTy: Full-time graduate studies in law or a law-related area. Applicants must either be residents of british Columbia; gradu-ates of a british Columbia law school; or members of the british Columbia bar.

whERE TEnaBlE: recognized universities in Canada, the u.S. or abroad. noTe: The law Foundation Graduate Fellowship is not available for the graduate programs of the Faculties of law at the university of british Columbia and the university of victoria as the law Foundation makes sep-arate grants to the Graduate Fellowship programs at these universities.

aPPliCaTiOnS: Please visit the law Foundation website, www.lawfoun-dationbc.org or contact us at law Foundation of b.C., 1340 – 605 robson Street, vancouver, b.C. v6b 5J3 / Tel. 604-688-2337 / e-mail [email protected] for an application form or further information.


CBaBC PaRTnERS | MEMBERShiP

Regular Members naTaSha C. allEn McCarthy Tétrault LLP Vancouver

alan S. BlaiR Gowling Lafleur Henderson LLP Vancouver

Ravi S. DuhRa Wilson King LLP Prince George

TROy J. DunGaTE Dungate & Company Prince George

RaMan JOhal C & L Barristers and Solicitors Vancouver

nEw MEMBERSThe CBABC Branch welcomes its newest

members! The following new members joined in the months of July and August of 2008:

MaRTa M. KuMOR Cassady & Company New Westminster

w. ROBERT lEBlanC Bruce Ralston Law Corporation Surrey

MiChaEl M. MaCaulay Blake, Cassels & Graydon LLP Vancouver

DaviD MiChauD NewPort Law Office Vancouver

KaRla MuKai Whitelaw Twining Law Corporation Vancouver

Mani SanDhu

ClEBC update

ClEBC anD CBaBC 1ST annual RESiDEnTial REal ESTaTE COnFEREnCE

The Continuing legal education Society of british Columbia is excited to join forces with the Canadian bar Association, b.C. branch, to bring you the 1st Annual residential real estate Conference on December 4, 2008.

This inaugural event is a precursor in what we anticipate will be an ongoing working relationship with the CbAbC. Working together on such initiatives, we are able to provide b.C. lawyers with continuing professional development opportunities that combine superior educational content with excellent social networking opportunities.

This conference is designed for all lawyers with a residential real estate practice and will examine many of the challenging issues facing these practitioners today. The conference, which will be held in vancouver, will also be available province-wide for participation online through live webcast. In addition, members of the CbAbC okanagan and vancouver Island real estate Sections will be able to attend a special live group webcast of this event in Kelowna and victoria, respectively. For this conference, CbAbC members will receive a 10 per cent discount on their registration.

While the main focus of the conference will be the educational content, through generous donations by the land Title and Survey Authority of b.C. (lTSA) and Dye & Durham, the day’s events will include a sponsored lunch speaker and a wine and cheese reception. ClebC and the CbAbC are both thrilled to have organizations such as the lTSA and Dye & Durham as sponsors, providing participants with an opportunity to interact and socialize with colleagues throughout the province.

For more information on this and other ClebC programs and publications, please visit us at www.cle.bc.ca.

JEnniFER E. ThORnE Doak Shirreff LLP Kelowna

lEOniDES TunGOhan Edwards & Michalski New Westminster

DOROThy T. wOnG Lang Michener LLP Vancouver

ScholarsaManDa ROSE Legal Services Society Vancouver

Articling Students Bavia BiSETTy Blake, Cassels & Graydon LLP Vancouver

ShElly BuTlER DEREK ChRiST vEROniKa FlORianOva Gowling Lafleur Henderson LLP Vancouver

JuSTin KaTES Miller Thomson LLP Vancouver

MiChEllE ManiaGO Borden Ladner Gervais LLP Vancouver

DaviD williaM DOnalD MCCORMiCK Borden Ladner Gervais LLP Vancouver

liSa PhilliPS Bull, Housser & Tupper LLP Vancouver

BREnDan JOhn PiOvESan Fraser Milner Casgrain LLP Vancouver

MiKE PRESTOn Bull, Housser & Tupper LLP Vancouver

nORa RaDaC GuRlEEn SinGh SahOTa lESliE wain-yan wOO Law Students auRORa BERalDin Victoria

MaTThEw BlOw yaROSlav GavRylKO Vancouver

naThaniEl haRTnEy ian KnaPP Vancouver


JOhn BROMlEy, ShEllEy ChaPElSKi and JaSOn KOSTyniuK, the partners of the admiralty and trans-portation boutique law firm of Bromley Chapelski, have joined Bull, Housser & Tupper LLP as partners with the Maritime Group.

MalCOlM MaCPhERSOn joins Boughton’s aboriginal, banking, and corporate and business practice groups. He practices primarily in the areas of general corporate and commercial law, mergers and acquisitions, regulatory compliance, and corporate finance. Mr. MacPherson is also experienced with commercial matters as they relate to Aboriginal economic development, and assists First Nation clients with business ventures including mixed land use development. Mr. MacPherson is of Metis ancestry and fluent in French.

SanJEEv PaRMaR joins Boughton’s securities practice group. Prior to joining Boughton he articled with a national law firm specializing in securities and tax law. In addition to being called to the Bar in British Columbia Mr. Parmar is also a chartered accountant and worked with an international accounting firm for several years.

Webster & Associates, a leader in brain injury law welcomes BaRBaRa E. wEBSTER-EvanS, formerly supervising counsel for the B.C. Health Care Protection Program. With an extensive background in insurance litigation, medical malpractice and catastrophic personal injury claims, Ms. Webster-Evans will practice exclusively in the area of plaintiff’s personal injury law and will share her time between our offices in Richmond and Victoria, B.C.

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

Bar Moves u

uBaR MOvES

John bromley malcolm macPhersonShelley Chapelski Sanjeev ParmarJason Kostyniuk

Continued from page 2

list and Rank your worriesuuu Worry is worthless. It changes nothing. but if you focus on problem-solving, you can turn a liability into an asset. Start by writing out a list of the10 things you worry about most. now rank them from biggest to least concern. Then divide a piece of paper down the middle. Write your worries down the left side, starting with the least. next, write out a possible real life solution next to each on the right side of the paper. now, start trying out your solutions. Don’t think too much about it – just do it.

“Feel the Fear and Do it Anyway”

health & Wellness Tip

courtesy of interlock 1-800-663-9099


ClaSSiFiED aDS oCTober 2008

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].

aTKinSOn law Office/Business/Immigra-

tion, www.AtkinsonLaw.com referrals paid.

PRaCTiCE FOR SalE

SMall BuT ThRivinG KElOwna law PRaCTiCE FOR SalE. The Kelowna econ-

omy is booming and this solicitor’s practice has

well-established clientele, unlimited opportunity

and downtown location. The current owner will

Endorsed by:

Visit Us Online:

390 Howard Ave.Burnaby, B.C.V5B 3P8Canada

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

[email protected]

Vahan A. Ishkanian

604-267-3033

Sec. 257 Determinations, Opinions and Court Applications on referral

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

Practice Restricted To WCB WCB & CPP DISABILITY CLAIMS

Over 14 YEARS of Workers’ Compensation Claims & Appeals Experience*

GOSAL & COMPANYBarristers & Solicitors

SARJ GOSAL*, B.A., LL.B.GAIL SAHOTA, B.Comm., LL.B.

#254, 12899-76th AvenueSurrey, B.C. V3W 1E6

[email protected]

FREE CONSULTATION

604-591-8187

ClaSSiFiED (per line) CbAbC members/Firms $25 Commercial organizations $50 next deadline: november 7

DiSPlay3” x 2.5”CbAbC members/Firms $450Commercial organizations $900

6” x 2.5”CbAbC members/Firms $810Commercial organizations $1,620next deadline: november 7

inSERT (all of B.C.)CbAbC members/Firms $1,200Commercial organizations $2,400next deadline: november 12next mailing: December 5

Direct BarTalk advertising inquiries to: Jesse Tarbotton barTalk Senior editorTel: 604-646-7856 or 1-888-687-3404e-mail: [email protected]

be available for a reasonable transition period,

then retiring. E-mail: [email protected]

POSiTiOnS availaBlE

lOCuMS – OnPoint Law Corp. is looking for

exceptional litigators and solicitors to join its

Locum Division. Successful applicants must

have at least five years experience in one area

of law, and be available for flexible placements.

Please send a resumé to Sarah Picciotto at

[email protected] or call 604-879-4280.

Orchard & Company, Duncan, British

Columbia is seeking one or two lawyers to join

and expand a General Solicitor Practice, and

a Civil Litigation Practice. Competitive salary

and benefits are offered. An excellent opportu-

nity to balance your work/personal life. Apply

in confidence to [email protected]

CBaBC wlF lunch – October 29,

2008 at Sutton Place hotelCbAbC Women lawyers Forum lunch to present the first annual WlF Award of excellence and launch the WlF 2008-2009 year.

Details uuuhttp://www.cba.org/bc/About_us/main/eventdetail.aspx?ID=479

Th

e Spirit of San Diego

CBABC 3RD ANNUALCONFERENCE

SAN DIEGO, CA,NOVEMBER 21-22, 2008


bartalk | october 2008

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