BarTalk February 2002

The Canadian Bar Association

British Columbia

What Kind of BC Do We Want?

Access to justice is ours to protect

ur justice system is not simply a budget item, to be altered at the whim of those in power - it is the creation of all Citizens, and all are entitled to its benefits. It exists, in part, to ensure that the power of those who govern is kept in check. The justice system is our protection against larger powers, and the most powerful in our province just weakened it - deliberately, with forethought, and without consultation.

Every government faces tough choices. With a growing deficit, failing resource economies, and a political decision to cut tax revenue early, the BC Liberals faced some particularly tough ones this year. What they chose to do is one thing; how they decided it is another.

How did they decide to close courthouses in 24 communities, many already struggling with economic and social stress? How did they decide to gut family law legal aid, target povert y law as dispensabl e, and eliminate Crown Victim Services? How did they d e cide there was no need for Family A dvoc a tes to protect the interests of children in tough custody battles?

Did they consult with those who work on the justice system's frontlines - the lawyers and judges of BC? No. The community ad v ocates who work every day to get people legal help , and to get them to court? No . Did the y consult with mayors , police chiefs, or community leaders? No. Did they consult with you?

The CBABC has been relentless- writing to the Premier, meeting with the Attorney General and MLAs, and talking to media throughout BC - in an urgent campaign to convey the

critical need to involve more than the bureaucrats in decisions about access to justice.

The people affected aren't just the poorest among us. The reality of BC today is that many of those who were once able to get by on their own, and afford a reasonable quality of lifeand legal help if the need arose- have seen a constant, frightening erosion of their economic and political power. The government has just compounded that loss

From coastal fishing communities, to northern mining communities, to interior communities that once thrived on forestry, people are struggling to adapt to the realities of living in today's economy This is the time for government to take steps to ensure fairness and balance in our province, not a time to pull out.

What is the "core business" of government? We invented governments, and taxes, because we believe we can do better acting collectively than we can as individuals . The "core business" of government is to use our pooled resources to ensure that our society works well not just for some, but fo r all.

There are times when a quick decision - any decision - is better than no decision at all. This is not one of those times. When the justice system is at stake, decisions should not be made by the few, the uninformed or the ideological. If it is a time for change, then let it be directed by the people in the best position to protect the interests of those the justice system was created to serve - not by those whose interests lie elsewhere. •

Carman Overholt

President 200 1/20 02

BC Branch,

Canadian Bar Association

lfyou have questions, comments or suggestions ...

p lease do not hesitate to ca ll me at 604-622-5165 or e-mail me at carman.overholt@ fmc-law com

A Call to Action Defending our justice system

ur Justice System has faced a number of challenges this year, including the enactment of the Proceeds of Crime legislation and the Anti-terrorism legislation by the federal government; the Administrative Justice Project and Core Services Review announced by the provincial government; and recently announced provincial cuts including closure of 24 courthouses, a 40 per cent reduction in funding of legal aid, and termination of other key programs and services.

It is our responsibility to carefully assess the impact of these challenges to our system of justice and to formulate an appropriate response. In the case of Proceeds of Crime and Anti -terrorism legislation, we have been largely successful to date With respect to the Administrative Justice Project initiative, we are currently engaged in a process of consultation that we negotiated with the government.

In advance of the "Black Thursday" announcement of cuts to programs across government, I communicated to the Premier, the Attorney General and the people of BC, the legal profession's grave concern about the impact of the choices being made to change access to justice in the absence of consultation with the lawyers and judiciary of BC. We know that there are difficult budget decisions to be made, and that our province cannot sustain current levels of public funding without incurring liabilities for future generations. However, we also know that decisions about how to reduce expenditures cannot be made in a vacuum, separate from the people who best know the justice system, and those most affected by it.

I asked the Attorney General to postpone the introduction of change to allow for meaningful consultation with the legal profession. Although he was not prepared to agree to postponement of the implementation of the Services Plan generally, he did agree in

a meeting with the CBABC that the Ministry would engage in a dialogue with our Court Services Committee and Legal Aid Committee regarding the courthouse closures and cuts to Legal Aid

A future challenge that we may face is in connection with ICBC. The Attorney General has assured us that there is no plan to introduce tort reform in the near future, and that he will consult with the profession in the event of such an initiative. However, it is also true that the Attorney General has been asked to participate in the ICBC Core Services Review. Changes to the nature of ICBC coverage, including raising deductibles or introducing limits, would in fact represent movement toward a no-fault insurance system. We are concerned that any such changes to insurance coverage will be at the expense of the public and will compromise fundamental rights.

Our Government Relations Committee chaired by Robert Brun, the Automobile Insurance Committee chaired by Michael Kew, and the Court Services Committee chaired by Alice Finall, all strong and dedicated CBA volunteers, will work with our Executive to ensure that we properly respond to these challenges.

I urge all of you to ensure that you are fully informed on these matters and that you take the opportunity to speak out in your own way on the importance of defending individual rights, protecting those most vulnerable in our society, and maintaining an accessible and equitable justice system I will work with the Executive and Provincial Council of the CBA, and with all of our partners in the justice system, to ensure a strong voice on any and all threats to access to justice

The public continues to look to us for leadership. I know that the legal profession will continue to respond in a thoughtful and principled way to all present and future challenges to our justice system

I am proud to be a lawyer. You are too.

We need to tell our communities what great things our profession does.

Who knowsmaybe lawyers will get the recognition they deserve and maybe the lawyer jokes won't seem as appealing.

Frank Kraemer

Executive Director BC Branch, Canad ian Bar Association

- An ongoing resolution

Once is never enough!

If you have changed firms , changed addresses, have a new e-mail address or phone/fax number, you need to let us know Letting the Law Society in on the secret is not enough!

Contact us at data@bccba org , phone 604687-3404 or fax 604-669960 I. (Toil free options : phone 1-888-687-3404 or fax 1-877-669-960 I)

Get involved in your Association!

A Call for Nominations to become an Elected Member of the Canadian Bar Association, BC Branch Provincial Counci l is en cl osed with this issue of BarTalk. It is a lso available at www.bccba.org. Dead line for nominations is March 25, 2002.

Lawyers Assistance Program

LAP provides co nfide nt ial support, counse ll ing a nd referrals for lawyers , their fami li es, support staff, judges and students suffering from alcohol and/o r chemical dependency, stress, depression or just about any type of personal p r ob lem

For ass ista nc e or information on meetings and resources please call 604685-2171 or toll free 1-888685-2171.

The LAP office is located at 415-1080 Mainland Street, Vancouver, BC V6B 2T4

CBA Condemns BC Decision to Slash Legal Aid

"Devastating" cuts to legal aid funding in BC will cause unprecedented damage to access to justice, warned the National President of the CBA. "Nowhere in the country have we seen such a devastating attack on the public's fundamental right to access the justice system," said Eric R i ce, QC, of Vancouver, January 18, 2002.

In a press release to national media, Mr . Rice responded to the BC government's decision to cut legal aid funding announced the day before "Those in smaller communities, and those who desperately need l egal help in family disputes, will be hardest hit."

Funding will be slashed from $88 3 million to $54 million- a 40 per cent reduction over three years. Twenty-four courthouses will close

"British Columbians across the province will feel these cuts immediately."

"These cuts place impossible burdens on prosecutors and judges in terms of caseloads and dealing with unrepresen t ed litigants," he added. "Many more criminal charges will also have to be thrown out of court because of the inevitable delays ."

The CBA has been lobbying federal and provincial governments for many years to increase legal aid funding in Canada. "This latest action by the BC government flies in the face of everything we should be trying to accomplish to ensure that Canadians can actually exercise their legal rights ," said Mr . Rice •

Wrongful Conviction Amendments Insufficient

The Canadian Bar Association's National Crimina l Justice Section says that amendments to the Criminal Code in Bill C-15A, aimed at improving the review process for wrongful convictio n s, don't go far enough to remedy a seriously flawed situation.

"We have seen too many cases of wrongful convictions, including Marshall, Milgaard, Morin, and most recently Sophonow The proposed amendments in Bill C-15A will do little to improve the current situation, " says Allan Manson, Chair of the CBA' s Committee on Imprisonment and Re lease.

In an extensive submission to the Minister of Justice on reform of the Section 690 review process in 1999, the CBA recommended that the whole process be scrapped and replaced with an independent wrongfu l conviction review board. "We are very disappointed that our earlier recommendation has not been included in the amendments. In our view , any mechanism to assess whether a wrongful conviction has occurred must be completely independent of the people and systems that brought about the initial conviction."

In a letter presented to the Chair of the Senate Committee on Legal & Constitutional Affairs in December, the CBA also urged the government to leave the preliminary inquiry intact. "We oppose any dismantling of the preliminary inquiry and adamantly oppose its abolition," says Heather Perkins-McVey, Chair of the CBA's National Criminal Justice Section. "We are concerned that th e proposed amendment shifts the burden on the accused to req u est a preliminary inquiry, rather than being entitled t o one by right."

The CBA generally favours the proposals contained in Bill C-15A to protect children from exploitation, particularly sexual exp l o i tation. "These particular amendments represent a careful and measured response to a very comp l ex area of law, morality and human behaviour," says Heather Perkins-McVey.

Heather Perkins-McVey presented the CBA views to the Senate Committee on Legal and Constitutional Affairs in December. Copies of the letter are avail able at www.cba.org. •

G Davies & Company.

There are 72 BC Branch provincial Sections These Sections play a vital role in keeping members up-to-date on changes in the law and aware of legal and political issues affecting a given area of practice They are the main resource utilized by the BC Branch in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.

POVERTY LAW

Stuart Rennie provided an analysis of the recently passed Parental Responsibility Act. This Act imposes liability on a parent whose child intentionally takes, damages or destroys property subject to a maximum limit of $10,000.

A parent may avoid liability if the court is satisfied that he or she was exercising reasonable supervision over the child and made reasonable efforts to prevent or discourage the child from engaging in the kind of activity that caused the property loss . The court is given the discretion to consider such factors as:

•

the age and maturity of the child; the child's prior conduct;

the likelihood that the activity would result in property loss;

psychological or medical disorders of the child or of the parent;

whether the property loss was reasonably foreseeable by the parent;

whether the child was under the supervision of the parent when the activity took place;

whether the parent has sought to improve his or her parenting skills;

• whether the parent has sought professional assistance for the child that is designed to discourage activity of the kind that has resulted in the property loss; and

• any other matters the court considers relevant.

The court may also consider restitution or compensation made or paid by the child or parent in determining the amount of the damage award. Guilt under the Young Offenders Act (Canada) is proof that the offence was committed .

CIVIL LITIGATION-VANCOUVER AND CONSTRUCTION {JOINT MEETING)

Darrell Roberts, QC gave a case comment on the August 24, 2001 BC Supreme Court decision in The Owners, Strata Plan NW 3341 v Th e Corporation of Delta et al , the first leaky condo case where a municipality has been held liable The designer, general contractor and the Municipality of Delta were held directly liable to the owners of the Riverwest Strata Corporation for over $3 million in repair costs for three condominium buildings.

This building project was completed in 1991 and consisted of wood frame buildings featuring balconies and decks over living spaces and a " face-seal" design. This kind of design features stucco cladding against building paper against sheathing . Water is intended to stop at the stucco face. There is no back-up air cavity to facilitate drainage of penetrating water In this project the roofs were flat with no over -hangs. The walls went up three levels and formed parapets above rooflines protected by metal-capped flashings . The drawings used for construction contained few if any details indicating how key building code provisions having to do with prevention of rainwater entry, Part 5.4 of the Building Code, were to be met. The Municipality of Delta inspected the drawings prior to issuing

Family Law

Online

The Ministry of Attorney Genera l has a new resource for British Columbians experiencing separation or d ivorce. The resource is available at www.ag.gov bc. ca/fami ly-justice/index.htm or by calling toll-free 1-888216-2211. In Vancouver, call 604-660-2192

The new services consolidate several resources and provide information on fam il y law, options to the court process, a guide to lega l terms and a list of places peop le can go to for help. The information may he lp people resolve disputes and make chi ld custody and support decisions.

In the past, people could only get this informati o n by contacting several serv ice agencies or by talking to family counsellors, professional mediators or lawyers

The resources are funded in part by Justice Canada a nd a im to augment, not rep lace , professional help and lega l services

SectionTalk

Continued from page 5

building and occupancy permits but did not ins pect the drawings for compliance with Part 5.4 Furthermore, Delta did not require a certificate or letter of assurance from a registered architect, as provided for in their own by-laws

Mr. Roberts mentioned the following as possible conclusions to be drawn from this case :

Designing, constructing and approving face-sealed walls in the wet climate conditions in the Lower Mainland constitutes negligence;

Municipalities adopting the entire BC Building Code are responsible for taking some reasonable steps to enforce that Code Perhaps this could be done by requiring a registered architect to take responsibility for the provisions that apply to the exterior of buildings. In any event the Court found that it was unreasonable to have done nothing;

Making designers, builders and municipalities pay for upgrading walls to an air-cavity or rain-screen system does not create an unfair quality improvement for the Strata Corporation; and

Strata Corporations are not expected to accept the lowest cost repair bid . It depend s on all of the evidence.

WILLS AND TRUSTS-OKANAGAN

Gordon MacRae discussed capacity issues in estate planning. He emphasized that the legal test for capacity is not the same as the medical test. The medical test is performed for the purpose of making a diagnosis for therapeutic purposes The cause of the incapacity is important. The legal test seeks the answer to the question; "Can the client do thi s ?"

In his presentation, Mr. MacRae referred to Dr. Sloan of the Pacific Capability Evaluation Clinic, who has suggested that the basic

capacity te s t s, s uch as the mini-Fols tein t es t for date , place, time, tend to be highly s ubjective . Dr. Sloan prefers the " ALARM " test of cognitive status as a tool for assessing basic capacity. It tests the following ;

Attention- focus, vigilance, ability to count backwards in odd numbers;

Language - ability to express self, fluency ability to remember the names of things, reception of language, comprehension This component involves following instructions such as: Write your name Put it into an envelope. Seal the envelope. Hand the envelope to me;

Apraxia - physical motor skills;

Reasoning - knowledge of appropriate information such as who the Prime Minister is and what the date is. This component also relates to a person's ability to evaluate appropriate social behaviour. Doctors watch for dullness, suspicion, eccentricity, inattentiveness, extreme happiness; and

Memory - Short, medium and long-term memory are all important.

The nature and effect of a legal transaction determines the level of capacity required. Transactions of greater risk require a higher level of capacity. For example with gifts, either outright or by joint tenancy or by trust, the highest standard is required. The client must appreciate the giving, the consequences now and in the future and the fact that other people might be more appropriate recipients

Delegating powers to an agent requires a lower standard However, if the Power of Attorney being granted includes a gift for the Attorney the standard should be high In Gordon MacRae's opinion Representation Agreements made pursuant to section 9 of the Representation Agreement Act require a similar standard of capacity as Powers of Attorney. The lower capacity test under section 7 of the Act causes concern. Why should the person making the s .7 Representation Agreement not be required to understand at least the nature and effect of the limited powers? Without this

Drug Court Good Value For Tax Dollars

Attorney General Geoff Plant shares his perspective

ubstance dependence and related crimes are serious problems that affect everyone. The large number of substance dependent individuals in the Downtown Eastside has contributed to the creation of a concentrated enclave of crime and misery. An average of 147 overdose deaths occur each year in Vancouver alone . It is clear that the traditional approach to prosecutions in Vancouver's Downtown Eastside does not sufficiently address the issue of recidivism amongst drug dependent offenders, since it does not deal with the underlying cause of the criminal behaviour. We need to find new ways to address these issues.

I am pleased, therefore, that the Ministries of Attorney General and Public Safety and Solicitor General, in partnership with the federal Department of Justice, have recently established a drug treatment court pilot as one of a variety of responses to address this serious drug problem. A drug treatment court is an innovative approach to protecting the public and reducing the burden on the justice system caused by repeat offenders.

Drug treatment courts emerged in the United States as an effective option for individuals charged with criminal offences motivated by substance dependence. The first Canadian

Section Talk

Continued from page 6

capacity the person is exposed to risk. If the power is abused who will be liable?

By statute the test for nominating a committee is similar to the test for capacity to make a Will. The test provided by statute refers to the cause of the incapacity by referring to "disease, age, disorder of the mind or use of drugs." In this respect it is closer to medical tests for incapacity. In Mr. MacRae's opinion a

drug treatment court opened in Toronto in December 1998, as a four-year pilot. Preliminary evaluation of the Toronto Court has indicated encouraging results.

The Drug Treatment Court for Vancouver commenced operations on December 4, 2001, with a dedicated judge, Judge Jane Godfrey, defence and Crown counsel, as well as a drug treatment program director and a probation officer.

For the next four years, the drug treatment court will be funded by a $1.7 million grant from the federal government with matching funds from the province. The program will counsel up to 25 people in the first year with the number gradually increasing to 100 by the fourth year. Ongoing monitoring and evaluation of the project will be carried out to ensure that the drug treatment court is effective in reducing recidivism among participants, as well as being cost-effective and a good use of tax dollars

At the discretion of the Crown, the drug treatment court option will be available for adults who are addicted to heroin and/ or cocaine and have been charged under the Controlled Drugs and Substances Act with

Continued over

capacity standard similar to that required for delegation would be more appropriate.

What should a solicitor do if he or she is concerned about capacity? Mr. MacRae suggests taking lots of notes and making many inquiries . Find out what is happening behind the scenes. Is there a sense of urgency? Consider repeated interviews. Keep the factors in the ALARM test in mind. In asking a doctor for a medical opinion a solicitor should direct the doctor's attention to the legal test in writing and get a written opinion. •

Administrative justice Project

The Administrative Justice Project has released three of its background papers. These papers are ava il able at www gov bc ca/ajp. Written comments are invited until February IS (Human Rights) and March IS (Standards of Review, Adm in istrative Agencies and the Charter) Additional papers wil l be released in the coming weeks A White Paper, outlining recommendations to government, wi ll be availab le for further public comment in early May.

Admission Program Task Force Interim Report:

Have your say!

T he Law Society has as ked the CBA to prov ide input on its Admiss io n Program Task Force Interim Report, which is avai lable at www. lawsociety.bc.ca

The Interim Report sets out a series of potential refor m options. T hese opt ions have been put forward not as reco mm e ndations but on the bas is that they merit further analysis and cons ul tat ion w ith the profession, law schoo ls and students.

Please take a few moments to r ev iew the report and send your comments d irect ly to the Law Society of BC Adm ission Program Task Force at t he Law Society by February 28, 20 02.

Drug Court

Continued from page 7

possession, possession for the purpose of trafficking, or related Criminal Code offences. Other candidates may be facing charges for Criminal Code offences motivated by substance dependence The program is not designed for first time offenders. Individuals who are trafficking for commercial gain will not be eli gible, nor will violent offenders.

Persons accused of crimes motivated by drug dependence are screened by the prosecutor to assess eligibility for the Drug Treatment Court. Eligible participants are offered a choice between the regular judicial process or t he Drug Treatment Court program. Participation in the program is completely voluntary. Participants plead guilty to the charges against them, then attend treatment five days a week and appear before Judge Godfrey twice a week.

Program participants commit to an extended and intensive period of treatment for dependence and frequent hearings before the

Drug Treatment Court Judge to monitor program compliance, treatment and overall progress Treatment includes stabilization, dealing with specific addictions and addressing long-term issues like housing and employment. Frequent drug testing and a wide range of sanctions and rewards are used by the program, based on realistic expectations concerning relapse and program compliance Successful completion of the program is within a flexible timeframe, requires a significant period of treatment compliance and results in a withdrawal of the charge or a non-custodial sentence, depending on the seriousness of the crime.

The province's participation in the Drug Treatment Court is an important step in dealing with the issue of substance dependence as an underlying cause of crime, and in recognizing that substance dependent individuals, the courts, and society in general, benefit from giving this group of offenders the option of addressing their serious health and social issues in a court - ordered treatment setting. The pilot affirms our commitment to look at solutions that can make a difference and offer good value for taxpayer dollars. •

Attorney General Speaks at Section Meeting

Attorney General Geoff Plant was the guest speaker at the Criminal Justice- Vancouver Section meeting held in November and attended by 94 members of the Section. Minister Plant addressed some issues immediately affecting the Criminal Bar .

A lively dialogue followed his brief speech, with irnpromtu questions raised on Legal Aid,

Crown Counsel, the PST on legal services, the core values of a fair trial and public safety, and current budgetary concerns. The Section applauded the Attorney General for taking time to come and address these contentious matters

It's not too late to enrol in Sections! Contact the Branch office for an enrolment form •

National Conference Planned for London, Ontario

CBA National's 2002 Annual Conference and Trade Show will prove to be one of the best ever, including top-notch continuing legal education programs, leading-edge plenaries on the latest trends and developments, and effective networking opportunities.

Additionally, London has lots to see and do for the whole family: world class Shakespeare and Shaw festivals, Ontario's finest wineries, and the wondrous Niagara Falls. Make sure you plan to attend August 11-14, 2002. •

David J. Bilinsky

David J. Bi linsky is the Practice Management Advisor at the Law Society of British Co lumbia He can be reached on the Internet at dbilinsky@ lsbc.org

The views expressed herein are strictly those of the author and may not be shared by the Law Society of British Columbia.

Keep the Interest Up Getting paid for your work

}, Money , it's a gas Grab that cash with both hands and make a stash },

Words and music by Roger Waters, recorded by Pink Floyd

ou have just finished looking through your aged accounts receivables and even through closed eyes you can see the total amount outstanding . Is it really that large? Don't your clients like you and like your work? Why aren't they paying their bills? You start thinking about how to take some action You groan when you think that most businesses would simply turn over the collection of their delinquent accounts to their l awyer. Write yourself out of this one, Joan Wilder . .. .

One of the hardest things in business is constantly having to ask people for money- at the outset of a file, during the ongoing work on the case, at the end and worst of all, after everything is over but the payment of the outstanding bill.

Here are some suggestions to try to avoid the problem in the first place, realizing that sooner or later, someone is going to slip through the best of systems

Organize: You will need a collection system and a method to start dealing with receivables You need to track a number of bits of information regarding your clients and their billings including : a listing of all clients with all contact information, all accounts rendered to them, all payment terms arranged, retainers taken, funds applied to the account, funds remaining in trust, interest charge s accrued, balances outstanding and all collection

attempts (letters, phone calls, personal visits, referrals to collection agents and the like)

Be Proactive: Prevent payment disputes and complaints before they happen by setting up a system to verify that invoices are accurate and services were delivered as promised (timeliness, results, satisfaction, within budget), before the bill goes out . If you anticipate any difficulties along any of these parameters, meet with the client in person and seek to resolve them- now rather than later . Age may improve cheese and wine but it does nothing for bad debts .

Take Plastic: Accept credit cards or debit cards. Both cards allow instant payment before the client has left the office. Any credit card fees outweigh the cost of not being paid on the account by transferring the credit risk entirely to the card company

Get it in Writing: We all have file-opening forms and written client retainer agreements, right? Your file-opening sheet should seek to gather as much personal information as possible- home and work address and contact info (mobile, home, office telephone and fax numbers, e-mail addresses), bank, employer, driver's licence, etc. Your retainer agreement should set forth in no uncertain terms your payment policies, retainer replenishment, interest on outstanding accounts and payment terms . Make it clear that you will ethically seek to remove yourself from any file where the client fails to honour their payment terms . Have the clients sign this retainer agreement before they leave and provide a copy for their records. If the client is unab le to fit within your standard payment options, have them sign a monthly payment schedule that you and the client can both agree upon

For

more information on accepting debit or credit cards ...

See the Practice Tips column in the Benchers Bulletin , 200 I: No 5 SeptemberOctober on taking retainers and payments from clients by debit and credit cards (www lsbc.org)

YWCA Women of Distinction Awards

The YWCA celebrates talent, achievement and innovation through its Women of Dist inction Awards If you know of a woman who deserves to be recognized, please call the YWCA, Marketing & Communications, at 604895-5800 or visit www.ywcavan.org The deadline for nominat ions is March I, 2002 at 5:00 p m

Practice Talk

Continued from page 9

Be on Top: Once your system is in place, you need to review reports generated by your accounting system and take appropriate action . Someone in the office should be responsible for monitoring the system, sending out monthly statements and drawing all exceptions to your attention. Once a matter is in your hands, be decisive. Writing letters on overdue accounts is probably the leasteffective method of collection Meet your creditor in person, and be forthright in the facts - that the account is overdue, that you have a signed retainer agreement and ask how they intend on paying the bill . If the answer is not satisfactory, cut your losses and exercise your right to get off the file (ethically, of course). If your client has a concern regarding the legal work, solve it now as it will only come back to haunt you If the account is small or it is inconvenient to meet your client, call them (and document your meeting or telephone call in writing). Use collection letters only as a last resort.

Follow-through: Completed a file? Is the bill out yet? There is a proven relationship -the more time that passes between the completion of a file and the rendering of the final account, the less the motivation to pay the account. Accordingly make it a habit to get the bill out concurrently with finishing the file. Call the client to come in for a final meeting and present the bill in person. Discuss the bill and ask for payment- in full- now. After all, if they have no complaints about the bill, they have no reason not to pay

Make it Personal: When dealing with large organizations, find out who is the appropriate person to receive the invoice . In large entities, a bill can spend days or even weeks kicking around before it finds the right desk - and then it must fit within their payment cycle (usually large organizations cut cheques only once or twice a month). By addressing the bill correctly in the first place you can shorten delays. When dealing with any collection, don't settle with talking to the bookkeeperspeak to the client.

Use Discounts and Shorten Payment Terms:

Consider a two per cent discount if paid within 7-10 days- this works to the benefit of both the payor and payee. Furthermore, there is nothing that says that payment terms must be 30 days - consider shortening your "due " period to 15 days after presentment (the Legal Profe ssion Act prevents you from suing a client for fees until30 days after presentment)

Squeak: There is an old adage that the squeaky wheel gets the grease - or in our case, the money While being cognizant of the rights of debtors, call your delinquent client as often as you can and stick to the facts (don't badger or get emotional - remember you are trying to get something from them, not lecture them on their morals or ethics).

Draft

Bills Carefully: Jay Foonberg, a prominent US lawyer, in an article How to Word Invoice s that Clients are Happy to Pay states that the most important thing in wording invoices is to list every single document you prepared or reviewed. Use words such as "further" and "continued" to avoid the impression that you are repeatedly charging for work you did once - vary your descriptions to provide a flow of work over time. Don't bill for telephone calls- confirm the conversation in writing and bill for the confirmation . Show dates on which you provided service but not hours of service (unless your retainer agreement requires you to do this) Always read your invoices carefully before they are sent. Lastly, ask your clients how they want to be charged and where they want the bills to be sent - and follow this .

Don't flog dead horses: Your time is moneyif an account is truly uncollectable- write it off and go on to new matters Resolve to learn something from the file - why did the debt become uncollectable? Is there something that you could or should have done at the beginning that would have changed the outcome? By learning from our mistakes we can avoid repeating them.

By keeping an interest in your cash flow, you can grab the cash and truly work smarter and not necessarily harder •

If Stuart Rennie Stuart Rennie is the CBABC Legislation & Law Reform Officer He can be reached at 604-949-1490 or e-mai led at srennie@bccba.org.

Every effort is made to ensure the accuracy of t he information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regu latory provision. You will see a reference in some cases to the n um ber 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 you to make it easier for yo u to note up the Bill s you may have in your library

ACTS IN FORCE

Forests Statutes Amendment Act, 1997, S B C. 1997, c 48 (Bill47)

Amended: Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159. Consequential amendment made to the Supplement to the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c . 159, Forest Practices Code of British Columbia Act, R.S.B C. 1996, c. 159, Range Act, R.S B.C. 1996, c. 396, Special Accounts Appropriation and Control Act, R.S.B.C. 1996, c. 436

Transitional Provisions: Regarding Evans Forest Products, appeals, cutting permits under current agreements, administrative remedies, and forest development plans.

Statutes Repealed: None

Summary: Section 101 of Bill47 is amended to the extent that it repeals and substitutes section 96 (1) (g) (iii) of the Forest Practices Code of British Columbia Act, R.S B.C.1996, c.159. Section 96 (1) (g) (iii) permits Crown timber harvesting when authorized by the regulations and with a district manager's approval as provided by the Act.

In Force: Section 101 in force December 1, 2001

Miscellaneous Statutes Amendment Act {No.2}, 1999, c. 38 (Bill 74)

Amended: Animal Disease Control Act, R.S.B C. 1996, c. 14, Assessment Act, R.S.B C. 1996, c. 20, British Columbia Wine Act, R.S.B.C. 1996, c . 39, Builders Lien Act, S B.C. 1997, c 45, Building Safety Standards Act, R.S.B.C. 1996, c. 42, Building Safety Standards Act, S.B.C. 1981, c 11, Commercial River Rafting Safety Act, R.S B.C. 1996, c. 56, Community Financial Services Act, R.S.B.C.1996, c. 61, Diking Authority Act, R.S.B.C. 1996, c. 96, Electrical Safety Act, R.S.B.C. 1996, c 109, Elevating Devices Safety Act, R.S B C.1996, c.

110, Employee Investment Act, R.S.B C. 1996, c. 112, Environm ent Management Act, R.S B.C.1996, c. 118, Fire Services Act, R.S.B .C. 1996, c . 144, Fisheries Act, R.S B C. 1996, c 149, Gas Safety Act, R.S.B C. 1996, c. 169, Health Act, R.S.B C. 1996, c. 179, Heritage Conservation Act, R.S.B.C. 1996, c. 187, Highway Act, R.S.B.C. 1996, c. 188, Hospital Act, R.S.B.C. 1996, c. 200, Hydro and Power Authority Act, R.S.B.C.1996, c. 212, Land Act, R.S.B.C. 1996, c 245, Land Title Act, R.S.B C. 1996, c. 250, Library Act, R.S B.C. 1996, c. 264, Manufactured Home Act, R.S.B.C.1996, c. 280, Mineral Tax Act, R.S.B.C. 1996, c. 291, Ministry of Social Services and Housing Act, R.S B.C. 1996, c. 310, Municipal Act, R.S B C. 1996, c 323, Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, Power Engineers and Boiler and Pressure Vessel Safety Act, R.S.B.C. 1996, c. 368, Seed Grower Act, R.S.B.C.1996, c. 420, Seed Potato Act, R.S.B.C. 1996, c. 421, Travel Regulation Act, R.S.B.C. 1996, c 460, Vancouver Charter, S.B.C. 1953, c. 55, Veterinarians Act, R.S.B.C. 1996, c. 476, Waste Management Act, R.S.B.C. 1996, c. 482, Weed Control Act, R.S.B.C. 1996, c. 487

Transitional Provisions: Regarding elections for directors under the British Columbia Wine Act

Statutes Repealed: Building Safety Standards Act, R.S.B.C. 1996, c. 42, Diking Authority Act, R.S.B C. 1996, c. 96, Supplement to the Drainage, Ditch and Dike Act, R.S.B.C. 1996, c 102, Supplement to the Electrical Safety Act, R.S B C. 1996, c. 109, Supplement to the Fire Services Act, R.S.B C. 1996, c. 144, Supplement to the Seed Grower Act, R.S.B .C. 1996, c. 420, Supplement to the Seed Potato Act, R.S B.C. 1996, c. 421

Summary: Section 49 of Bill 74 amends the Mineral Tax Act to remove a barrier to claiming a reclamation tax credit. Section 50 of Bill 74 amends the Mineral Tax Act to remove an obsolete address and to permit appeals to be directed to the Mineral Tax Review Board in addition to the commissioner.

Legislative Update

Continued from page I I

In Force: Sections 49 and 50 in force November 8, 2001

Chief Justice Mclachlin to visit the Cariboo

The Cariboo Bar Association is ready to we lcome all to their annual convention March 1-2, 2002 at the George Dawson Inn in Dawson Creek Planned for Friday, March I are day seminars, followed by an evening roast for Dennis Mitchell, QC, a former Treasurer of the Law Society of BC. The evening will include a casual dinner, cash bar, and cribbage tournament. Tickets are $20 per person

On the even ing of Saturday , March 2, the Cariboo Bar is pleased to welcome the Right Honourab le Beverley Mclachlin , P C., Chief Justice of Canada , who will be the dinner's guest speaker. T ickets are $45 per person

For more information on this convention, or to purchase event tickets, please contact Berga Moen, Cariboo Bar Association President, at 250-782-8 155 or e-mail msd@pris bc ca attn: Berga Moen.

Miscellaneous Statutes Amendment Act, 2001, S.B.C. 2001, c. 32 (Billll)

Amended: Child Care BC Act, S.B.C. 2001, c . 4, Child, Youth and Family Advocacy Act, R.S B C. 1996, c. 47, Commercial Transport Act, R.S.B.C. 1996, c. 58, Housing Construction (Elderly Citizen s ) Act, R.S.B.C. 1996, c. 208, Human Rights Code Amendment Act, 2001, S B C. 2001, c 15 (Bill17), Legislative Assembly Allowances and P ension Act, R.S .B.C. 1996, c. 257, Medical Practitioners Act, R.S B C. 1996, c. 285, Motor V ehicle Act, R.S .B.C. 1996, c. 318, Offence Act, R.S.B .C. 1996, c. 338, Protection ofPublic Participation Act, S.B.C. 2001, c. 19 (Bill10)

Transitional Provisions: Housing Construction (Elderly Citizens) Act and the application of the Protection of Public Participation Act

Statutes Repealed: Housing Construction (Elderly Citizens) Act, R.S.B C. 1996, c 208, Human Rights Code Amendment Act, 2001 , Protection of Public Participation Act

Summary: Sections 13 to 19 of Billll amends the Medical Practitioners Act to repeal the substantive provis i ons of the Medical Practitioners Amendment Act, 2001 , S.B.C. 2001, c. 16 (Bill M 202 in force retroactively from April 20, 2001 (B.C. Reg . 12812001)) which permitted physicians and surgeons in British Columbia to practice complementary medicine and to amend disciplinary provisions for medical practitioners under the Medical Pra ctitioners Act .

In Force: Sections 13 to 19 in force November 26, 2001

Transitional Provisions: None

Statutes Repealed: None

Summary: Bill16 imposes liability on a parent of a child whose child intentionally takes, damages or destroys property subject to a maximum limit of $10,000 for property loss in an action under the Small Claims Act It also provides a parent a defenc e if the parent satisfies the court that he or she was exercising reasonable supervision over the child and made reasonable efforts to prevent or discourage the child from engaging in the kind of activity that caused the property loss . The Act gives the court a discretion, in assessing if there is a valid defence, to consider a list of specific factors regarding the child and the child ' s conduct. The Act further provides the court discretion to consider any restitution or compensation made or paid by the child or parent in determining the amount of damages to be awarded. Insurers are subrogated up to the amount paid in compensation under the Act Bill 16 limits disclosure of evidence obtained under the Young Offenders Act (Canada). Bill16 does not apply to section 10 of the School Act which provides that a student and that student's parents are jointly and severally liable for school property destroyed or damaged by the intentional or negligent act of a student. Bill16 does not apply to foster parents, social workers, hospital staff and other adults looking after wards of the province or other children in care

In Force: Act in force January 1, 2002

REGULATIONS TO NOTE

Court of Appeal Rules, amends B.C. Reg 303 I 82 to replace and substitute the current Court of Appeal Rules, including: adding new parts for applications for leave to appeal, notices of appeal, cross appeals, appeal proceedings, applications, procedure on appeals and applications, orders, costs, increasing the number of forms to 32, adding in the tariff of cost provisions for cross-examination and amending units available for bill of costs (B.C. Reg 297 I 2001 effective March 1, 2002)

Parental Responsibility Act, S B.C. 2001, c. 45 (Bill16)

Amended: None

Employment Standards Act, amends B C. Reg. B.C. Reg. 396195 to set the minimum wage at $6 per hour, instead of the regular $8

II

per hour minimum wage, for an e mployee who has no paid emplo y ment experi ence before November 15, 2001 and has 500 or fewer hours of cumulative paid employment experience.

Hotel Room Tax Act, amends B.C. Reg 881 71, to repeal the requirement for an operator to retain specified records until the director authorizes destruction and replaces it with a retention period for 7 years for specified records and authorization for the director to authorize destruction of records prior to the 7 year limitation upon written application by an operator (B C. Reg. 300 I 301 effective December 17, 2001)

Medicare Protection Act, amends B.C. Reg . 426 I 97 to provide Medical Service Plan (MSP) Supplementary Benefits only for those who qualify for MSP premium assistance, except for optometry, dental and surgical podiatry services (B.C. Reg. 301 I 2001 effective January 1, 2002).

Motor Fuel Tax Act, amends B.C. Reg 4141 85, to repeal the requirement for a permit holder, registered consumer, vendor or wholesale dealer to retain records until the director authorizes destruction and replaces it with a retention period for 7 years and authorization for the director to authorize destruction of records prior to the 7 year limitation upon written application (B C. Reg. 3021301 effective December 17, 2001) .

Securities Act amends B.C. Reg 194197 regarding rules regarding resale of securities (B.C. Reg. 269 I 2001 effective November 30, 2001) and institutes rules underwriting conflicts (National Instrument 33-105) (B.C. Reg . 29212001 January 3, 2002).

Social Service Tax Act, amends B C. Reg 841 58, to repeal the requirement for a vendor, lessor or person carrying on business in the Province to retain records until the commissioner authorizes de s truction and r e places it with a retention period for 7 y ears and authorization for the commissioner to authorize destruction of records prior to the 7 year limitation upon written application (B C. Reg 307 I 301 effective December 17, 2001) .

Tobacco Tax Act, amends B C. Reg 83171, to rep e al the requir e m e nt for a d e aler to retain records until the director authorize s destruction and replace s it with a retention period for 7 years and authori z ation for the director to authorize destruction of records prior to the 7 year limitation upon written application (B C. Reg . 3081301 effective December 17, 2001).

Workers Compensation Act, amends B C. Reg. 296 I 97 to repeal the requirement for logging trucks in forestry operations not to be operated in excess of gross combined vehicle or axle weight unless certified by a professional engineer (B C. Reg 31312001 effective December 27, 2001).

REPORTS AVAILABLE

Administrative Justice Project Reports (December 2001). Deadlines for submissions: Human Rights Review February 15, 2002, Standard of Review on Judicial Review or Appeal and Administrative Agencies and the Charter, March 15, 2002 . Source: Ministry of Attorney General. Available at www gov .bc ca I ajp I rptsl .

Budget 2002 Consultation Process Report (November 15, 2001) and the Financial Review of Statutory Officer s of BC (December 2001). Source: Legislative Assembly of BC Select Standing Committee on Finance and GovernmentServices . Available atwww.legis .gov .bc.ca ICMT l37thParll fgs l reports.htm.

Community Charter Discussion Paper (November 2001 ). Source: Ministry of Community , Aboriginal and Women's Services Available at www.mcaws gov bc ca l charterl ch_discp.html.

Fair and Effective: A Review of Employment Standards in British Columbia (Discussion Paper, November 14, 2001). Source : Ministry of Skills Development and Labour Available at www 1 abo ur go v b c. c a I e sre view I e sadiscussion. pdf

Modernization of Residential Tenancy Legislation in BC (Discussion Paper and Draft Acts , December 2001 ). Source: Ministry of Public Safe-

Call for Nominations to Standing Committees

The CBA is seeking cand i dates for its Nationa l Standing Committees for 2002-2003. All CBA members are eligible to app ly for positions on the following committees:

• Awards

Communications

Cont in uing Legal Education Equality

Et h ics and Professional Issues

International

Deve l opment

Judicial Compensation & Benefits

Legal Aid Liaison

Leg i slation and Law Reform

Reso lutions, Constitution and Bylaws

Supreme Court of Canada Liaison

For information and an application form , contact Joanna Federici at the BC Branch The deadline for app lications is noon on Monday, April 15 , 2002.

Legislative Update

LEAF has "Budd"ing Speaker

West Coast LEAF presents its IS'h Annual Equality

Breakfast March 8, 2002 at the Pan Pacific Hotel (999 Canada Place, Vancouver) 7:30 am. Barbara Budd, host of CBC Rad io's As It Happens will be the special guest speaker T ickets $50+GST. Call 604-6848772 for more information. Childcare available with preregistration. Wheelchair accessib le Sign Language interpreter Sponsored by The Vancouver Sun, Farris Vaughan Wills & Murphy, and Lawson Lundell Barristers & Solicitors.

Legislative Update

Continued from page /3

ty and Solicitor General. Available at www.pssg . gov . bc . ca/rto/adobe/ fullRTOlegisla tion Consult. pdf.

Patients First: Renewal and Reform of British Columbia's Health Care System (Report, December 10, 2001) Source : Legislative Assembly of BC Select Standing Committee on Health . Available at www.legis.gov.bc ca/CMT I 37thParl/ health/ reports /healthtoc.htm .

Premier's Technology Council First Quarterly Report (November 22, 2001) Source: B C. Premier's Technology Council. Available at: www gov bc ca/prem/down/ the_ptc_report_ql.pdf.

Provincial Health Officer's Annual Report 2000: Drinking Water Quality in British Co-

lumbia: The Public Health Perspective. (November 16, 2001). Source : Office of the Provincial Health Officer. Available at: www healthplanning.gov bc ca/ pho I ar I index.html.

Revitalizing the Provincial Approach to Treaty Negotiations: Recommendations for a Referendum on Negotiating Principles (November 30, 2001). Source: Legislative Assembly of BC Select Standing Committee on Aboriginal Affairs. Available at www.legis.gov.bc.ca/ CMT I 37thParl I aaf I reports I Report200l htm#format.

Workforce Adjustment Strategy Web site. The BC government website reports on the developments regarding layoffs, early retirement options in the BC public service under the government's workforce adjustment strategy . Source: Public Service Employee Relations Commission (January 2002). Available at www fin gov.bc.ca I workforce I . •

New Associate Executive Director Announced

President Carman Overholt and Executive Director Frank Kraemer are pleased to announce the appointment of Caroline Nevin as Associate Executive Director.

The Associate Executive Director position was created as the result of a re-organization of operations to ensure exceptional service to the CBABC's 9,700 members of the legal profession . Ms . Nevin, BarTalk Senior Editor, has served as CBABC Director of Communications and Government Relations for more than four years, and will continue to do so in addition to her new management responsibilities . "We made a strategic decision to expand Ms Nevin's role to ensure that her strong organizational development and management skills are put to good use in all areas of Branch operations," said Mr. Kraemer

Ms. Nevin has 15 years of experience in communications, government relations and organizational management, both in Alberta and BC. Since joining the CBABC, Ms . Nevin has led in the development of public, Caroline Nevin media and government relations strategies to increase awareness about professional and law-related issues of concern to lawyers. Ms. Nevin has also been responsible for helping the Bar to educate the public about the role of lawyers in improving the administration of justice and the law, and about the contribution of lawyers to BC's economy . •

Letters to the Editor are encouraged we want to hear your views. Send your letters to:

Caroline Nevin, BarTalk Senior Editor

CBA, BC Branch, lOth Floor , 845 Cambie Street, BC V6B 5T3 Fax: 604-669-9601 Toll free fax : 1-877- 669-9601 E-matl: cnevm@bccba.org -

The Licensing of Strata Managers

s a lawyer, I work with strata managers, strata councils and individual owners on a daily basis. I have seen the law in BC evolve in response to the leaky condominium crisis and other challenges faced by the condominium community. However , one aspect of the law involving condominiums that still needs to be reformed is the law regarding the relationship between strata managers and strata corporations. In October 2000 a White Paper on the proposed licensing of strata managers was prepared and distributed by the Ministry of Social Development and Economic Security and the Ministry of Finance and Corporate Relations. The White Paper was intended to provide interested parties with the opportunity to comment on the licensing program and whether the Real Estate Council or the Homeowner Protection Office should administer the program At the time of writing this article, strata managers are not required to be licensed in BC.

Although there are various professional designations that strata managers can obtain, it is not necessary to obtain any of them or have practical experience before offering strata management services to the public. In my opinion, individuals should have to complete required courses and successfully pass a qualification exam before offering strata management services. Those individuals who have worked in the industry for a number of years should have the opportunity to qualify as strata managers by challenging an exam. Strata managers should be governed by a regulatory body and they should be subject to trust audits and have errors and omissions insurance . Licensing procedures, if done properly, should give owners of strata lots, whether they are located in residential, commercial or mixed use developments, confidence that their financial and real estate assets are being managed by qualified professionals subject to the review of a regulatory body .

In BC, managers of a rental property must be licensed by the Real Estate Council under th e Real Es tate Act, but managers of strata corporations are unregulated . As a result of the licensing provisions, managers of rental properties are subject to trust audits However, strata managers, who sometimes hold millions of dollars in trust for strata corporations, are not subject to having their trust accounts audited by a regulatory body It is important to consider that those who manage strata properties tend to hold a greater amount of trust funds for a longer period of time than those managing rental properties, especially when you take into account the monies held in contingency reserve funds for future repairs, and special l evies that are collected from owners to pay for leaky condominium repairs.

Licensing may also rejuvenate the strata management industry. The industry has been burdened with too much work for too little money, partially because of increased obligations under the Strata Property Act to prepare documentation, and increased responsibilities to facilitate the repair of condominiums required as a result of building envelope failure . Also, there is often confusion amongst the owners in a strata corporation about the duties of the strata manager, who generally is not paid to attend the property on a daily basis. Licensing requirements may help define the responsibilities that strata managers have to strata corporations and increase the level of respect and the amount of remuneration received by strata managers, who are often asked to chair meetings, advise on bylaws and their enforcement, prepare budgets and financial statements, and manage construction projects .

Many strata managers I have talked to are in favour of licensing requirements, but they want to ensure that there is as little red tape and expense involved as possible. Many are already licensed by the Real Estate Council to

McCormack is a Lawyer & Chartered Arbitrator

If you ' d like to comment on recent developments in the law or legislation, we'd like to hear from you Please call Bar Talk Editor Caroline Nevin at 604-687-3404 or, if you're outside the Lower Mainland , call our toll free line at 1-888-687-3404.

QC Appointments

Congratulations to the fo ll owing CBABC members who received the QC designat ion in December 2001 :

Frank Borowicz

Marsha ll P. H. Bray

James G Carp h in

Rona ld C. Cook

Patr icia J S. Donald

barbara find lay

A lan J Hamilton

Gordon G Hil li ker

Randal l R J Hordo

Michae l W Hunter

Paige L. Johnstone

Glenn S Kelt

Dona ld P. Kennedy

• Oleh S Kuzma

Thomas H. Maclachlan

James G Matk in

Albert J. McClean

Hein Pou lus

Paul G. Scambler

Stephen R. Schachter

Patricia L. Schmit

Dirk J Sigalet

Dona ld E Taylor

Art h ur E. Vertlieb

David A. Warner

Donald W. Yu le

Strata Managers

Continued from page 15

manage rental properties and consider that licensing strata managers through the Real Estate Council is preferable to licensing them through the Homeowner Protection Office. If strata managers are licensed through the Real

Estate Council those who manage both rental and strata properties may avoid the duplication of licensing fees and operating expenses associated with complying with licensing requirements under two separate entities. In my opinion, it is possible for licensing provisions to be developed that will offer protection to the public and will also be of assistance to strata managers •

Island Lawyers Support HIV/AIDS Community

Hats off to a group of Island lawyers who, spearheaded by the efforts of CBA member Denice Barrie, volunteered to prepare wills for members of the mid- Island HIV I AIDS community for a nominal fee . "I believe every day is an opportunity for lawyers to demonstrate they are supportive community members/' says Ms. Barrie. "World AIDS Day (December 1, 2001) and the holiday season presented a unique opportunity for such a demonstration which I hope will be followed by other lawyers in other communities throughout the province."

Ms. Barrie, with the help of office members at the Doug Traill Memorial Law Centre, sent a letter to all N anaimo area lawyers asking them

Letter to the Editor

Re: Emma Andrews

I write to you on behalf of the "Friends of Edwin Raudales", a committee working towards a Honduran's successful application for landed immigrant status.

On November 20th, a day before his removal order was to be executed, Edwin received a last minute reprieve with leave to remain in Canada. This occurred as he was readying to depart from Vancouver and was due, in no small measure, to the diligence and industry of his counset Ms. Emma Andrews, a Vancouver immigration lawyer

to volunteer their services to the HIV I AIDS community - a group which had expressed a need for wills services.

The following lawyers volunteered their services - some on the same day they received Ms. Barrie's letter - and many offered to prepare an unlimited number of wills . BarTalk wants to give these lawyers a round of applause:

Brent L. Hird, Basil Hobbs, John R. Jordan, Leonard Krog, Sharon Krog, Patricia E. Lebedovich, Stephen G. McPhee (articling student), Rod Mont, Sucha Ollek, Peter Ramsay, QC, Richard N . Rhodes, Bill Scott, Elisabeth Strain and Laura Wansbrough. •

Without Ms. Andrew's advice, encouragement, and unstinting efforts (often at her own cosn we doubt that Edwin Raudales would be residing once again in Nelson, that he would be a student at L.V. Rogers or that he would be graduating in June Ms. Andrew's invaluable assistance, generosity, professionalism and skills helped Edwin remain in Canada

Sincerely, BevMcEwan

L.V Rogers Se condary School

Lifestyle Issues

(( Professional fulfillment and the sole practitioner

awyers are attracted to the legal profession for a variety of reasons. We crave challenge, professional independence, or a chance to make a difference. For those who work in a small or solo practice, the goal of directing our practice and setting our own expectations and rewards holds a powerful appeal.

The reality is not so rosy. Instead of working for one "boss," we work for each of our clients. We worry about liability, tax and regulatory changes, affecting our concentration and

Why not choose clients, suppliers and salespeople that you enjoy working with?

Hire great staff. Enough said.

Maximize technology. Judicious use of laptop, e-mail, and the internet can free time to focus on your most important priorities.

Take advantage of informal networking opportunities, including online bulletin boards . This tip was suggested in Expectations, Reality and Recommendations for Change, issued by the Boston Bar expenses. Costs are high, hours increase, and the challenge to balance work with a respectable income seems endless.

Speaking to these issues, the Boston Bar Association

Our challenge is to deve lop a practice that reconnects us with the ideals and challenges that originally attracted us to the profession .

Task Force on Professional Fulfillment identified the following barriers to professional fulfillment for sole practitioners and lawyers practising in small firms: a sense of isolation from the rest of the profession; difficulties in determining the value of legal services provided to clients; limited financial resources, resulting in an inability to access the tools of the trade; and low professional morale.

Our challenge is to develop a practice that reconnects us with the ideals and challenges that originally attracted us to the profession. Consider some of these strategies:

Clarify your personal values. Ellen Stuar t Roberts, interviewed by Doris Truhlar for the October 1999 issue of the Colorado Lawyer, addressed this issue and realized that for her, "career" encompassed much more than a job. Trite as it sounds, what really matters to you? How can you begin to see your career in light of your rea l purpose in life?

Do business with people you like. As a selfemployed professional, you have a great deal of choice about with whom you do business.

Association task force cited above. Contact with other sole practitioners can be invaluab l e for generating ideas and increasing morale on a day-to-day basis.

Consider part-time or legal temp work. This strategy may be worth considering, depending on your personal and family situation.

Systematize and specialize. "One trend for sole practitioners is to become focused or specialized in a particular area of law, and be able to then deliver those specialized services to a wider audience," comments Dave Bilinsky, Practice Advisor for the Law Society ofBC.

Contract out whenever possible, especially for work you don't enjoy doing. Contract workers are easily paid by the hour or the project, require no special bookkeeping, and retain their own "self-employed" status, allowing them the same freedom (and risk) that you yourself enjoy as a sole practitioner.

It takes creativity, careful thought, and hard work to structure a practice and a personal life that supports our most important values. Achieving ba l ance may require a lifetime of evaluation and adjustment, but we owe it to ourse l ves to make every effort to build a thriving, enjoyable practice that is both fun and profitable for us and our loved ones. •

Christine H Williams , a former sole practising lawyer from Chicago , is proprietor of LR.S Lega l Research, providing reasonably priced on line legal research for lawyers She can be reached at 604 -990-5123 , or at cwi lli ams6009@hotmai l. com.

Gregory K. Steele

Greg Steele is a partner of Steele Urquhart Payne where he practises civil litigation He is Chair of the British Columbia Law Inst itute and currently serves on two of its Project Committees - Updating the Lim itation Act and The Law and the Elderly

A Brief History of the BC Law Institute

n 1997 the Institute was incorporated as a society. The founding members were Arthur Close, QC, Torn Anderson, Martin Taylor QC, Gordon Turri££ and myself, Greg Steele.

The original bylaws provided for a membership of 13 consisting of the five members at large plus eight representatives appointed by the Law Society, the CBABC, the Attorney General and the Deans of the two law schools All the members of the Institute also serve as directors. In 1999, the bylaws were amended and an additional member at large was to be appointed by the other members of the Institute While the bylaws do not specify that this person cannot be a lawyer or legal academic, it is understood that generally the person appointed will not be one.

Upon its incorporation, the Institute retained the financial support provided by the Law Foundation to the former Law Reform Commission Arthur Close, QC was hired as interim Executive Director, a position that later became permanent At planning meetings held early in 1997, the Institute identified three major projects to concentrate on: Modernization of the Trustee Act; Civil Remedies for Sexual Assault; and New Horne Warranties Committees comprised of members of the Institute, members of the bar, academics and representatives of the community were established to carry out the project work.

Of course to do this work, we needed premises . We will be eternally thankful to the Law Society and CLE for making space available for us in the Law Society Building where we made our horne for the next 2 1f2 years In December 1999, we moved to our present location, adjacent to the Faculty of Law at the UBC campus.

The work of the project committee on New Horne Warranties formed the basis of

submissions which were made to The Commission of Inquiry into the Quality of Condominium Construction in British Columbia. The recommendations put forward by the Institute concerning statutory warranties were adopted by the government, in a slightly modified form, in section 23 of the Homeowner Protection Act, which was enacted following the Commission's report. In recent comments to a meeting of local and county bar presidents sponsored by the CBA, the Attorney General announced that he hoped to introduce legislation this spring implementing recommendations of the Trustee Act Committee.

The five founders were the first members at large and the first appointees were Sholto Hebenton, QC, Prof James Mcintyre, Ann McLean, Doug Robinson, QC, Ravi Hira, QC, Etel Swedahl, Prof. Jamie Cassels and Dr. Albert (Bertie) McLean. Dr. McLean was appointed chair of the Institute but unfortunately other demands on his time forced him to resign from the Institute shortly thereafter. I was appointed chair in his place and Prof. Christine Boyle replaced him as the Dean's nominee. Martin Taylor, QC was replaced by Trudi Brown, QC in 1999 and upon his appointment as the University of Victoria Law School Dean, Jarnie Cassels was replaced by Prof Hester Lessard Last October Prof. Martha O'Brien was appointed by the University in place of Prof Lessard Cathy Moss who was our first additional member at large was replaced last year by Kim Thorau. At the present time, in addition to Arthur Close QC, we now employ Margar e t Hall and Caroline Carter, our two staff lawyers

To celebrate its srh anniver s ary , the BC Law Institute will host a lecture on law reform on Thursday , March 14, 2002 at 5:30p .m . at the Law Courts Inn at which th e Honourable Mr. Justice Kenneth G. Mackenzie , a former Commissioner of the BC Law Reform Comm ission and presently the Court of Appeal liaison to th e Institut e, will be th e featured speaker . •

CBA Lawyers Benevolent Society

he CBA Lawyers Benevolent Society was created in 1997 in response to a long-term concern for those of our colleagues and their families who had experienced crisis in their lives and needed help. In the past our profe s sion has always assisted individuals in difficulty, rallying the troops to bring aid in a multitude of ways The Kootenay bar raised funds to assist a lawyer a few years ago in the 90s and were so successful that they had more than $5,000 to jump start the Society's Fund. The CBABC Provincial Council, at the urging of the late Al Bates and others, asked The Hon. Gary Cohen and I to organize the Society and begin fundraising.

Our Board of Directors includes Judge Gary Cohen (Vice Chair), Debra Van Ginkle (Secretary), Carol Anne Brown (Treasurer), H .A.D Oliver, QC, Paul Beckmann, QC, Bill Sullivan QC, Derek Brindle, QC, Basil Hobbs, John Waddell, QC, Jim Herperger, and Dennis Mitchell, QC. The Society has virtually no overhead or administrative costs because of the tireless effor t s and selflessness of these individuals.

With the aid of Ben Trevino, then Treasurer of the Law Society, we passed a $20 per member assessment to create a capital fund with the hope of passing additional assessments in the subsequent four years . We were encouraged by the universal support we received that first year and the next year, rather than waiting, were able to pass a further one time $80 assessment giving us a capital fund of around $900,000 We rely mainly on the interest from this fund to exist.

Three years ago we entered into an affiliate agreement with MBNA Mastercard wherein we receive a small rebate from them for our members' use of t heir credit card. To date fewer than two hundred members have begun to use the card but we have received $2,000$3,000 per year from th a t alone We encourage all of you, as a n e as y way of supporting this

cause, to attain and use an MBNA Benevolent Society Credit Card

We have held successful fund -raising events to supplement our income, such as a joint CBA and Vancouver Bar golf tournament, and for the last two years, a Black Tie Gala In 2000 it was a Murder Mystery Evening at the Art Gallery with Chief Justices McLachlin and McEachern as special guests The Hon. Wally Oppal presided at the Mock Trial and was resplendent (as usual) in his judicial wig. Last year ' s event was an incredible fashion show and dance at the Bayshore, with an auction of original fashions donated by prominent Vancouver designers

This year our intrepid organizers, Catherine Sas, Derek Brindle, and Bill Skelly have decided that BC lawyers are a most talented group of people and, following a similar successful effort by Ontario lawyers, are planning a Battle of the Bands in the Spring of this year (time and location are yet to be determined). We have already had amazing interest expressed "Derek and The Defenders" and Murray Tevlins' group (he's tried to enter under the pseudonym " Pro Bono and You Too" but it sounded too much like cheap advertising) have dusted off their Stratocasters and are ready to take on all challengers .

For the Victoria Bar and all who can make it on March 16 at the Deep Cove Chalet, there will be a Roast to honor Sid Simons for simply surviving all these years . Speakers will include The Hon Wally Oppal, Bert Oliver, QC, Dave Gibbons , QC, and Peter Firestone . All proceeds will go to the Benevolent Fund.

To date we have given thousands of dollars to our colleagues and their families in times of crisis We need your continued support in these and other fund -raising efforts, so please attend and consider the Fund in your local Bar activities •

and

un d er o f

Society

He has practised criminal law for mo re than 25 yea r s

Have a Burning Question?

BarTalk is w illing to help you find the answer to any quest ion you wish to put to your colleagues. Send your burning qu est io ns t o cnevin@bccba.org

Welcome to Your Online Resource

s the CBABC Manager of Interactive Media and Webmaster, I'd like to invite you to explore your online legal resource. With more than 2,000 Patricia Jordan, Manager documents placed online in 2001, I guarantee Interactive Medial there is something for everyone at Webmaster www.bccba.org .

Patricia welcomes your comments , questions, and suggest ions If you're having d ifficulty finding a document on line, need an answer, or want something added to the site, contact her at pjordan@bccba.org or call 604-646-786 I

CBABC WEB FACTOIDS

• with an online avenue for litigation.

Although sites such as clickNsettle com and icourt.com provide customers with specific services, including dispute resolution or document retrieval, Michigan's cybercourt will be the first courtroom to operate on the Net.

ASK THE WEBMASTER

The most popular document online is the Access to Justice Denied Report which has been downloaded more than 1,800 times

• • • Did you know that our Web site has had more than 72,000 visits since it "went live" just over a year ago?

Dial-A-Law scripts in the public Guest Lounge were accessed more than 6,500 times in 2001.

NEW DOCUMENTS IN THE LIBRARY

• The Ontario Advocates' SocietyPrinciples of Civility, look under Publications.

• Limited Liability Partnership Legislation for BC, CBABC Submissions I Proposals.

DID YOU KNOW?

• The Internet was originally a private network used to facilitate communication between research computers at several universities.

• • The Internet or "theNet" was conceived in 1969 by the U.S . government's Advanced Research Projects Agency (ARPA) and was originally known as the ARPANET

The Internet's first cybercourt is being created in the United States and is expected to be online in October 2002. This cybercourt at www.michigancybercourt.net, will provide technology companies

The CBABC Web site is your personal web resource, and I invite you to explore the site and enjoy your online legal community. Do you have a question regarding the site? What would you like to see online? What do you find most relevant for your area of practice?

One question that I am frequently asked is "Why does the Web site use cookies?"

Commercial Web sites such as Amazon .com use cookies to identify users and prepare customized web pages . When accessing a Web site that uses cookies, you may be invited to provide information such as your name and interests . This information is packaged into a cookie and is sent to your computer where it is stored for later use. Upon your next visit to the Web site this information is accessed and used to present you with customized web pages. So, for example, instead of seeing a generic welcome page you might see a welcome page with your name on it or, as in Amazon com, you may see a page with book titles that may be of interest to you.

The CBABC uses cookies on the Web site to provide pages that are tailored to you, for example listing your Section's next meeting. Information gathered from the cookie may be used to generate statistics and aggregate reports for internal use Note: these statistics and aggregate reports do not contain personal information . The CBABC may also use this information to process your orders from the CBABC' s online store. For more information on cookies see "Technology Services" under "Frequently Asked Questions" on our site . •

Reddy Wins Whistler Blackcomb Tickets!

Congratulations to Radha Reddy of Vancouver, who won two Whistler Blackcomb lift tickets through a "Your Voice Counts" survey at the BC Branch's Web site (www.bccba.org) Thanks to everyone who has participated in the ongoing survey on the new CBA ad campaign. We appreciate your input and the comments that you have emailed to us The survey is still up, so please take a look. •

Approaches to Appropriate Dispute Resolution

Users and providers of ADR services will discuss the latest trends in private, court and gove r nment ADR programs in Vancouver at CBA National's CLE March 8-9. Other scheduled CLE's include: The New

2002 Directory Available

The 2002 Directory began its distribution in January. The Directory has a revised format, and a larger print size. The Directory contains: individual listings for all CBABC members and firms and geographical listings of all CBABC members; a list of CBABC preferred suppliers; a Preferred Area of Practice

Immigration Act and Regulations: What Does it Really Mean?, April 12 - 13, Vancouver; and Aboriginal Self Government - Two Steps Forward, One Step Back, April27-28, Victoria, BC. Visit www cba.org for details. •

section; provincial and federal government ministries and contacts; law related groups and professional associations; and more.

Order your Directory by calling 604-687-3404 or 1-888-687-3404. Order forms are available on the front page of www .bccba.org. •

BC Courthouse Library Society Update

The BC Courthouse Library Society now has computers in Vancouver and 30 of our branch libraries, providing access to the Internet and electronic resources. The Society plans to provide an increasing number of electronic

products and Internet-based products in their collection in 2002. Now available in electronic format at the six large branches is The Canadian Human Rights Reporter. Ask BCCLS staff for assistance in locating and searching it. •

Branch and Bar Calendar February - April 2002

February 14-17

February 22

February 25

March 1-2

March 9

March 14

April 5-6

April 12-13

April 17

April 17

National Mid-Winter Meeting in Moncton, New Brunswick

Executive Committee Meeting

Chilliwack Local and County Bar meeting (Capital Restaurant, Main Street, 12 p.m.). Visiting members of the bar always welcome

Cariboo Bar Association Annual Convention (George Dawson Inn, Dawson Creek)

Provincial Council Meeting (Delta Airport Hotel, 9:00a.m.)

BC Law Institute lecture on law reform (Law Courts Inn, 5:30 p.m.)

Planning & Priorities Meeting

Third Annual Global Conference on Environmental Taxation Issues, Experience and Potential (Woodstock Inn, Woodstock, Vermont USA)

Managing Partners' Lunch (Location TBA)

Executive Committee Meeting

To have an upc o ming event or meeting listed in the Branch and Bar Calendar, please contact Sandra Webb at 604-687-3404, or toll free 1-888-687-3404 (e-mail slgwebb@bccba.org).

The December 200 I

Provincia l Council was a h uge s uccess , t ha n ks in part to sp o nsors The Branch would like to thank Cata lyst Consu lti ng for their contributions to Pr o vinc ia l Counci l; and thank The Counse l Network a nd Missio n H ill Family Estate for the ir ass istance with the Annual Ho li day Seas on Party

Upcoming Conferences for Women Lawyers

"Them is Assemb lyPractice Development an d We ll ness for Women Lawyers" w ill be hel d May 3 1-June 2 in Vancouver. Conference information is ava il able at www.themisassemb ly com

The National Association of Women and Law is ho ld in g its 14th biannual confere nce, tit led, "Women, The Fam ily a nd the State", March 7-10, in Ottawa For informati on on th is eve nt please visit www.nawl ca.

Upcoming Anxiety Conference

The BC Council for C hildren with Behavioural Disor d ers will host a conference on Anxiety and Post Traumatic Stress Disorder Relating to Ch il dren, Ado lescents and Adults on February 22, 2002 at the Burnaby Executive Inn

The conference price is $70 For more information call 604-60 1-0864 or e-mail anxietywork@hotmail.com

Law Foundation of BC Grants Approved

The Board of Governors of the Law Foundation of BC met November 24, 2001. Funding totalling $4,389,450 has been approved for the following 13 continuing grantees.

BC COALITION OF PEOPLE WITH DISABILITIES (Advocacy Access Program 2002)- $136,900

BC COURTHOUSE LIBRARY SOCIETY (Special One-Time Grant)- $213,150

BC FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION

(Law Reform/Public Legal Education Program 2001/2002)- $20,800

BC HUMAN RIGHTS COALITION

(Human Rights Advocacy and Education Project 2001 I 2002) - $132,600

DEBATE AND SPEECH ASSOCIATION OF BC (Law Foundation Cup Debates 2002)- $14,300

DOWNTOWN EASTSIDE RESIDENTS' ASSOCIATION

(Advocacy Services Project 2002)- $103,300

DOWNTOWN EASTSIDE WOMEN'S CENTRE (Advocacy Project 2001 I 2002) - $33,000

GREATER VANCOUVER LAW STUDENTS' LEGAL ADVICE PROGRAM (Operating 2001 /2002)- $121,000

LAW FOUNDATION LAY ADVOCACY EDUCATION AND TRAINING FUND (2002)- $34,600

LAW COURTS EDUCATION SOCIETY (Northern Public Legal Education Program for First Nations Communities 2002/2003)$60,800

LEGAL SERVICES SOCIETY (Operating 2002/2003)- $3,272,500

UBC, FACULTY OF LAW (Projects Grant 2002)- $25,000

UVIC, FACULTY OF LAW (Projects Grant 2002)- $25,000

Funding totalling $704,709 was approved for the following 3 new multi-year legal projects under the Major Projects Initiative:

EN'OWKIN CENTRE (Native Justice Project)- $229,500

NATIVE COURTWORKER AND COUNSELING ASSOCIATION (Restorative Justice Data Project) - $121,620

SURREY DELTA IMMIGRANT SERVICES SOCIETY (Law and Seniors Prevention of Abuse Project) -$353,589

•

New Lead Rate From Coast Capital Savings

Coast Capital Savings Credit Union, informed of the negative impact of low interest rates on the Law Foundation and the community it serves, came forward with an agreement matching the highest rates paid to the Foundation on lawyers' pooled trust accounts. Effective November 1, 2001, the interest paid to the Foundation on lawyers' pooled trust accounts will be at a rate of prime less 3 per cent, with no service charges.

Increased revenues enable the Law Foundation to fund programs designed to make the law and justice system accessible to British Columbians, particularly those people

who may have the greatest problems of access as a result of their economic, social, physical or mental special needs .

Law Foundation Chair Don Silversides, QC thanks Coast Capital Savings Credit Union for its continued commitment to the Law Foundation and for the leadership shown in offering this new agreement.

The CBABC, the Law Society and the Law Foundation urge lawyers to consider which financial institutions provide the best support to the Law Foundation when deciding where to place their trust accounts

•

Changes at the Law Foundation of BC TiffiWuw

NEW CHAIR

The Law Foundation's Board of Governors is pleased to announce that Don Silversides, QC has been elected as Chair of the Law Foundation for a two-year term beginning January 1, 2002. In 2001, Mr. Silversides was the Acting Chair, having completed the term of previous Chair Madam Justice Victoria Gray after her appointment to become a Judge of the Supreme Court of BC.

Mr. Silversides is a partner in the Prince Rupert law firm of Silversides, Seidemann & Kucher. He has been a Governor of the Foundation since 1996, and has served as Chair of the Foundation's New Grants Committee since 1998 and Chair of the Policy and Planning Committee in 2001. Mr.

CLE News

FOUNDATION

OF BRITISH COLUMBIA

Silversides has also served as a Bencher of the Law Society, on numerous Law Society committees, as Chair of the Continuing Legal Education Society of BC and Chair of the Legal Services Society.

NEW EXECUTIVE DIRECTOR

Don Silversides, QC, Chair of the Board of Governors of the Law Foundation of BC, is pleased to announce the appointment of Wayne Robertson as the Foundation's new Executive Director . Mr . Robertson's most recent position was Client Services Manager at Legal Services Society's head office in Vancouver. Mr Robertson has extensive management experience and is also a certified family law mediator and an accomplished family law litigation lawyer. •

CLE is proud to announce the winners of the annual CBA Section enrolment draws Members who registered for three or more Sections received free registration for a fourth 3 Section, and entry into a draw to win one of four complimentary courses. The prizes and their winners were:

WINNER: Sharon Morrisroe - West Vancouver

Complimentary registration to one regular CLE course (approx value $365)

WINNER: Gregory McDade - Ratcliff & Company, North Vancouver

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth Floor 845 Cambie Street Vancouver, BC V6B 5T3

TEL: 604-687-3404

TOLL FREE in BC, outside the Lower Mainland: 1-888-687-3404

FAX: 604-669-960 I TOLL FREE in BC, outside the Lower Mainland: 1-877-669-960 I

• BarTalk Senior Editor: CAROLINE NEVIN, 604-687-3404, EXT. 320 cnevin@bccba.org

• BarTalk Editor: SANDRA WEBB 604-687-3404, EXT. 318 slgwebb@bccba.org

• Legislation & Law Reform Officer: STUART RENNIE (in Port Moody) 604-949-1490 srennie@bccba.org

• Editorial Board

KENNETH ARMSTRONG, Chair

VIKKl BELL, QC

WILLIAM S. CLARK CHRISTINE MINGlE DAVID ROBERTS, QC

1. 2 Complimentary registration to one CLE Family Mediation course (approx value $1,200)

WINNER : Stewart Johnston - Stewart Johnson Law Corp, Victoria

WINNER : John Mendes· - Lesperance, Mendes Mancuso, Vancouver (Mr Mendes practises corporate/commercial litigation and opted to take a regular CLE course in lieu!)

Complimentary registration to one CLE Civil or Advanced Civil Mediation course (approx. value $1,300)

Spring promises to be busy with events such as the 2nd Annual Insurance Conference (March 18), the Aboriginal Law Conference (March 1) and the Charter Conference (May 23-24) . Watch your mail for more details or visit www.cle .bc.ca . •

CBA National CLE Goes Online

The CBA, in conjunction with The Learning Library, is now offering an exciting e-learning solution to help you tackle your critical training needs any time, from anywhere, and

at highly competitive rates . Browse through the ever-growing library of comprehensive, user-friendly courses on the CBA I Learning Library Web site (www.cba.org) today. •

© Copyright the British Columbia Branch of the Canadian Bar Association-2002. This publication is intended for information purposes only and the information contained herein should not be applied to specific fact circumstances without the advice of counsel.

The BC Branch of the Canadian Bar Association represents more than 9,700 members within British Columbia and is dedicated to improve and promote access to justice, to review legislation, initiate law reform measures and advance and improve the administration of justice.

SURREY OFFICE SPACE AVAILABLE

Caissie & Company (C ivil Li tigati on Lawyers) seeks a compat ible person t o share space at a busy location ac ross from G uil dford Mall

The cost is negotiab le A good rate will be offered to the "rig ht f it" Ad ded services can be ne g ot iat ed (i.e ., reception "pre sen ce " fo r your clien t s , access t o o ur kitchen facilities , f ax and pho tocopy machi nes)

Please call Edmund Caissie or Doris Howells at 604-586-7200

Classified Ads

OFFICE SP ACE AVAILABLE - Georgi a St heritage bldg , 2 lawy er o ffice with 2 secretarial stations , kitchen , copi er room , meeting room , and reception area , about 1100 square feet , tastefu lly appointed. Workstations and fil ing cabinets are for sale if de s ired. Approx cost: $12 psfbas ic rent and operating costs of c irca $8 50 psf Contact D iane Dunbar at 604-662 -7544.

CLASSIFIED AD RATES

TAKE THAT BREAK - BOOK A LOCUM

David Freeman Phone : 1- 888-752 - 884 6; F ax: 1-8 77-7 43-9623 ; e -m a il lawy e rs@telu s .net

EXPERIENCED junior lawyer seeks contract or pem1anent position in family or persona l inj ury litigation or wi ll s and estate s . Flexible & ava ilable immediate ly. Tel: 604-781-5077.

SEND AD COPY TO:

BarTalk Classified Ads

CBABC mem bers ....... .... ...... $25 per line Fax: 604-669 -960 1 or 1-877-669-9601

Government , Law Related &Non -Profit

Organizations $30 per line

Commercia l Organizations $40 per line

One line equals approximately 7 words

E-mail: cba@ bccba.org

2002 AD DEADLINES

Mar. 8 May 10 Ju ly 12 Sept. 13 Nov 8

Member Services-------

Branch members have ac ce ss to a wide rang e of produ cts, services and discounts. Memb er Servic es is continually adding and looking for ways you can get th e most out of your m embership! Be sure to visit www.bccba org for new additions Your input is always we lcome. Send your suggestions to kjohnson @bccba.org.

WH ISTLER BLACKCOMB LI FT TICKETS

CBABC has a limited number of Adult and Youth day passes for sale a t a greatly reduced rate! Call 1-888 - 6873404, ext. 500 or visit www.bccba.org for details

NEW SERVICE: LODGING OVATIONS CLUB INTRAWEST

Lodging Ovations is offering a complimentary Lodging Ovations Club membership to all CBA members. Enjoy special privileges, benefits and valuable sa v ings year round at select hotels and resorts throughout North America Call 1-877-391-1816 or enrol online at www.lodgingovations.com/ club to activate your membership. Remember to identify yourself as part of the CBA offer Visit the Lodging Ovations Web site regularl y for current specials

VANCOUVER RAVENS LACROSSE

Don't miss the last few Vancouver Rave n s inaugural season games- the fastest game on two fe e t! CBA members receive huge savings on game tickets. To order, call Ticketmaster at 604-280-4400 and specify that you are a CBA member. Season ends March 16th! Home games are played a t GM Place . Visit www .vancouverravens.com for season schedule and general informa tion .

CANUCKS TICKETS

In cooperation with the Vancouver Canucks, we are again offering substantial savings (up to 35 per cen t, bas e d on single-game ticket prices) on selec t ed Canucks games To order tickets, call 604-687-3404, ext. 306 or 1-888-687-3404.

Tuesday, February 26

Sunday, March 10 Tuesda y , March 26 Friday, April 5 vs St. Louis Blues v s San Jose Sharks vs Los Angeles King s vs Minnesota Wild

THE ARTS CLUB AND STANLEY THEATRES

Receive a 20 per ce nt discount off regular-priced tick e ts b y calling Gina Singh at 604-687-5315, ext 254 and identifying yourself as a CBA member. Current and upcoming productions at the Arts Club Theatre are: Dame s at Sea, a good old-fashioned musical, playing Feb 1 - Mar. 2; and Girl in th e Goldfish Bow l, a new comedy by Morris Panych, play ing M a r . 29 - Apr. 27 .

Current and upcoming productions at the Stanley Theatre a r e: Arthur Miller' s All My Son s playing Jan. 25- -f....

Feb . 24; and Dinn er with Friends, the 1999 Pulitzer Prize winning comedy by Donald Margul ies, playing Mar. 8 -Apr. 7