 Keep your practice current
by Fran Hodgkins
The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.
HUMAN RIGHTS
MEETING: March 18, 2008
SPEAKERS: Judith T. Doulis, Vicky E. Shillington, and Don J. Jordan, QC
TOPIC: Applications to Dismiss Before the B.C. Human Rights Tribunal
The three guest speakers provided the 40 Section members in attendance with a comprehensive review of recent Tribunal and court decisions regarding application to dismiss human rights complaints Ms. Doulis of the Community Legal Assistance Society practises human rights law from the Complainant’s perspective and discussed cases under each heading of Sections 27(1) which empowers the Tribunal to dismiss all or part of the complaint on a preliminary application. Vicky Shillington of the B.C. Human Rights Coalition discussed the Complainant’s point of view when an application to dismiss is brought forward. Mr. Jordan who practises employment/human rights law from the Respondent Employer perspective at the law firm Taylor Jordan Chafetz discussed the recent SCC case: Dunsmuir v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by Board of Management and the Supreme Court of B.C. decision:Gichuru v. Law Society of British Columbia 2007 BCSC 1767. Following the presentations, a question and answer period discussed the circumstances when the Tribunal will order an oral hearing on an application to dismiss.
PUBLIC SECTOR LAWYERS
MEETING: March 11, 2008
SPEAKER: Dirk Ryneveld, QC, Police Complaint Commissioner
TOPICS: How the Office of the Police Complaint Commissioner Contributes To Better Public Administration in the Province
Mr. Ryneveld, spoke to the Section about the Office of the Police Complaint Commissioner, giving a historical background and then discussing Part 9 of the Police Act which sets out the complaint procedure and the powers of the PCC. He discussed the ways in which the Office and the complaint process add to quality policing and trust in law enforcement. He detailed how this is achieved through different corrective measures, and where warranted, public hearings. This Section meeting was available to members outside the Victoria area by webinar.
REAL PROPERTY – VANCOUVER
MEETING: February 11, 2008
SPEAKER: Thomas G. Keast, QC, Watson Goepel Maledy LLP
TOPIC: Commercial Tenancies: Case Study and Environmental Remediation Obligations on Surrender in Canadian National Railway Company v. Imperial Oil Limited (2007 BCSC 1557).
This topic and presentation by Mr. Keast was particularly interesting for those involved in leasing and environmental issues. Imperial Oil Limited (IOL) had been a tenant of Canadian National Railway (CN) on the Prince Rupert waterfront for many years pursuant to a string of a number of leases. In 2002, IOL gave notice not to renew its lease, admitting the site was contaminated. IOL unsuccessfully took issue with respect to its responsibility to restore the site to a clean state.
The Tenant’s arguments centred on the string of leases and whether the new leases were to be read with reference to the predecessor agreements. Through Mr. Keast, the Landlord successfully argued that there was an underlying obligation for the Tenant to return the site to the Landlord in clean state.
SENIOR LAWYERS
MEETING: February 13, 2008
SPEAKER: Acting Sergeant Michael Drummond, Vancouver Police Department
TOPIC: Performance by City Police Officers of their Duties in Relation to the Multitude of Legal Restrictions
Mr. Drummond’s policing experience with the RCMP, the West Vancouver Municipal Police, and the Vancouver Police Department supported his remarks and descriptions of the many incidents he has been involved in during his career. Mr. Drummond spoke on several current issues, and explained that the constant educational upgrading officers are subjected to ensures they are aware of the latest revisions to applicable statutes, regulations and by-laws, and the changes resulting from court decisions.
WILLS AND TRUSTS – OKANAGAN
MEETING: April 17, 2008
SPEAKER: Jennifer Davenport, Public Guardian and Trustee, Vancouver
TOPIC: Trust and Settlement Variation Act
Ms. Davenport provided an overview of the role of the Public Guardian and Trustee’s office (PGT) which was created to protect the legal and financial interests of those under a legal disability. It is important that the PGT be kept apprised on any changes such as beneficiaries, residency changes or the need for a litigation guardian. Under the Trust and Settlement Variation Act (TSVA) changes require a written notice be given to the PGT as well as writing a letter to the court explaining what the variation is seeking. Jennifer’s detailed notes summarized what the PGT will consider under the TSVA.
“We don’t always get it right, we try to get it right, but we always look for practical solutions.” – Ms. Davenport
Left to right: Jennifer Davenport, Joel Wiseman, Stan Rule, Geoff White, and Don Blakely
Did You Know?
- More than 3,700 CBA members are enrolled in Sections
- Attendance at Section meetings counts toward Law Society of B.C. professional development reporting hours
- Listservs are available for most Sections and are a convenient way for members to share information, and ask and answer questions
- Section Papers are available online, at no charge to all CBA members
- 2008 – 2009 Section Enrolment forms will be circulated to all B.C. lawyers in June.
 Section Chairs SPOTLIGHT
Heather M.B. Ferris
Since 1996, Ms. Ferris, a partner at Lawson Lundell LLP and head of its Insolvency and Restructuring Practice Group, has been Chair of the B.C. Branch Insolvency Law Section. Heather’s significant experience and leadership have benefited CBABC members who attend monthly Section meetings in this practice area. Ms. Ferris’ practice covers large-scale insolvencies, restructuring and corporate work-outs. She routinely advises companies in restructuring under the Companies’ Creditors Arrangement Act and has contributed articles for the Advocate, Canadian Bar Review, Pacific Business and Law Institute and Insolvency Reporter. This June, Heather will retire as Insolvency Law Section Chair but her involvement and dedication with the CBA will continue. She will Co-Chair the 2008 Pan Pacific CBA Insolvency Conference being held in Vancouver, September 18-19, 2008. Thank you Heather for your invaluable contribution to the Sections Program!
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This article was published in the June 2008 issue of BarTalk. © 2008 The Canadian Bar Association. All rights reserved. |
