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 Keep your practice current
by Fran Hodgkins
The following are brief summaries of several recent Section meetings held throughout the province. For enrolled CBA members, more detailed information and available minutes from the Section meetings go online to www.cba.org/bc in Sections under Professional Development.
General Practice, Solo and Small Firm – Lower Mainland
Meeting: January 22, 2009
Speaker: Murray Chan, B.Sc., CDP, Pacific Breeze Systems, Your Network and SharePoint Specialist
Topic: Protecting Your Law Firm’s Data Files From the Bonnies and Clydes of Cyberspace
Mr. Chan gave an informative PowerPoint presentation and overview of how to protect your law firm’s data files. Attendees in person and by Webinar heard how cyberspace thieves are invisible and know no boundaries. Mr. Chan discussed how law firms can protect themselves against data harvesters, hackers and frontal attacks, and how cyber thieves can get in through the back door. Email is not a secure form of communication unless the law firm is using a service like RPOST, which provides receipt verification with encryption and is strongly recommended by Mr. Chan for very important emails.
Human Rights
Meeting: January 14, 2009
Speaker: Heather McNaughton – B.C. Human Rights Tribunal Chair
Topic: B.C. Human Rights Tribunal – 2008 and Beyond
Ms. McNaughton provided members with trends, emerging issues and other topics of interest from the Human Rights Tribunal. In 2007, after consultation with the Human Rights community asking for comments about the rules of practice, an important change was made to the complaint form, adding a diary line and making it easier to assess the timeliness of a complaint. All Human Rights Tribunal awards are published. Of the 424 decisions issued by the Tribunal last year, 378 (89 per cent) were preliminary decisions. The Tribunal receives between 1000 and 1100 complaints each year. In 2007-2008, it received 1053 complaints. Approximately 25 per cent (276 complaints) were not accepted at the outset. A case manager makes a recommendation about the processing of each filed complaint. Before a complaint is accepted, the Tribunal offers mediation, especially in circumstances where the issue appears to be miscommunication between the parties. Approximately six mediations per month are attended by Tribunal members and contract mediators are also used. There were 373 settlement meetings including 226 early settlement meetings in 2007-2008 representing an increase of six per cent. At the end of its fiscal year in March, the Tribunal produces an annual report that is passed to the Attorney General.
Public Sector Lawyers
Meeting: February 24, 2009
Speaker: Harry Neufeld, Chief Electoral Officer for B.C.
Topic: The Role of the Chief Electoral Officer for British Columbia and Issues of Topical Interest Related to This Role
An explanation of Mr. Neufeld’s role and functions of his office were described to members. He gave details of the highlights of the Election Act and recent amendments to that Act including the new limits on third-party spending which take effect 60 days before the writ is issued and end on general voting day: see theElection Amendment Act, 2008, S.B.C. 2008, c. 41. Mr. Neufeld also discussed issues around voter turnout and the 2009 referendum on the electoral system in B.C. His detailed PowerPoint presentation included “Looking to the Future” with new technology such as live updates to a list who has voted, barcode scans to improve speed and Internet voting.
Business Law And Taxation Law Section Joint Meeting
Meeting: January 20, 2009
Speakers: Robert Owen – Borden Ladner Gervais LLP & Robert Kopstein – Blake, Cassels & Graydon LLP
Topic: British Columbia Unlimited Liability Companies and Tax Issues Relating to the Use of ULCs Arising from the Fifth Protocol
The topic of the day for this extremely well-attended lunch-time meeting (128 Section members) was the use of unlimited liability companies, or ULCs, in British Columbia. Robert Owen and Robert Kopstein jointly presented, speaking on corporate issues and tax planning issues, respectively. Mr. Owen’s presentation focused on the statutory framework under which ULCs have been introduced to British Columbia. His presentation included discussion on amendments to the Business Corporations Act permitting the incorporation of ULCs, practical requirements of British Columbia ULC legislation, and differences between the legislation in British Columbia, Alberta and Nova Scotia. In particular, he focused on practical pointers relating to the implementation of ULCs including: the requirements for formation, the liability of shareholders, the ability to convert entities into and out of ULCs through alteration of the notice of articles and amalgamation, and the ability to continue ULCs into and out of British Columbia.
Mr. Kopstein’s presentation focused on the tax planning applications of ULCs. His presentation included a discussion of how ULCs have been used by U.S. corporations in tax planning, including the opportunity for double dipping, the U.S. response to double dipping in the Fifth Protocol to the Canada-U.S. Tax Convention, and the alternatives to deal with existing ULC structures. Directly addressing a major concern of those in attendance, Mr. Kopstein explained how anti-hybrid rules in the Fifth Protocol could adversely impact treaty benefits for amounts paid from Canadian ULCs to U.S. shareholders starting in 2010. He concluded by exploring seven options for current ULCs including transferring shares of ULCs to a Luxemburg holding company and converting a ULC into a Canadian corporation for U.S. tax purposes.
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Proposed New Section
The CBABC is always pleased to support the creation of a new Section. A new Section, Work Life Balance is proposed, and with the necessary requirements could become active by the end of June. If you are interested in adding your name to the list of interested members supporting this Section email sections@bccba.org.
Section Name Change
At the March 7, 2009 Provincial Council Meeting a motion was passed to change the name of the Computer Law Section to the Intellectual Property and Technology Law Section whose mandate will be to deal with legal issues affecting intellectual property and the technology industry.
Have You Heard?
Attendance at Section meetings counts toward your 12 hours of mandatory CPD (Continuing Professional Development) requirements by the Law Society of B.C. Enroll in one or many of the 70 CBABC Sections and benefit from the CBA member online reporting program. A 2008–2009 Section Enrolment form can be found at: www.cba.org/BC/PD/main/sections.aspx.
CBC Radio Talks Animal Law
On February 24, 2009, The Current, with guest host Gillian Findlay, interviewed Daphne Gilbert, a professor at the University of Ottawa, Faculty of Law who is advocating changes to animal law in Canada and Victor Schwartz, a lawyer with Shook Hardy & Bacon LLP, a liability expert and dog-owner, who thinks the efforts to expand animal law could backfire on pet-owners. Ms. Findlay began her program informing listeners of the newly created CBABC Animal Law Section, the first in Canada, and also told listeners that over the last two years, a dozen Canadian law schools have added animal law courses to their curricula. The complete program can be heard at: www.cbc.ca/thecurrent/2009/200902/20090224.html.
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This article was published in the April 2009 issue of BarTalk. © 2009 The Canadian Bar Association. All rights reserved.
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