NATIONAL NEWS
The 2010 CBA Mid-Winter Meeting in Ottawa
National Class Actions Task Force Launched
CBA Past President Simon Potter launched a new CBA task force at the CBA Mid-Winter Meeting to address the difficult challenge of overlapping, multijurisdictional class actions. The Chair of the new National Class Actions Task Force is Sylvie Rodrigue, of Ogilvy Renault LLP. “The current situation not only creates uncertainty, but is also unnecessarily expensive,” says Sylvie Rodrigue. “It can and should be improved.”

News Release: www.cba.org/CBA/News/2010_Releases/2010-02-13-ClassActions.aspx

Conflicts of Interest Task Force Update
The work of the CBA’s Task Force on Conflicts of Interest did not end with the release of its landmark report in 2008 and the subsequent revisions to the CBA’s Code of Professional Conduct. Still in its very early stages, the next phase of the task force’s work will focus on the development of a standardized engagement letter that would be adaptable for use in a wide range of areas of law and types of practice. The task force will consult widely, beginning with a short survey soon to be emailed to members.

Conflicts of Interest: www.cba.org/CBA/groups/conflicts/

Policy Resolutions
CBA Council members passed four resolutions, including a call for the harmonization of pension laws, funding and security of pension benefits and a denunciation of the anti-homosexuality bill in Uganda.

Resolutions: www.cba.org/CBA/resolutions/2010res/

Joint Policy Statement on Audit Inquiries: New Developments
A CBA/Auditing and Assurance Standards Board Working Group is negotiating changes to the Joint Policy Statement on Audit Inquiries (JPS). Carmele Peter (Co-Chair) and Fred Headon (member) of the Working Group reported to Council members on their progress. The JPS dates from 1978. It must now reflect international accounting standards that will come into effect starting January 2011. CBA represents the legal profession’s concerns in these negotiations:

1. Preserving solicitor-client privilege;
2. Ensuring lawyers are not in a “joint undertaking” with auditors;
3. Saving lawyers from interpreting several accounting standards; and
4. Balancing the value of lawyers’ assurances with lawyers’ time and cost to the client.

In January 2010, the International Accounting Standards Board (IASB) proposed changes to International Financial Reporting Standards (IFRS) for claims and possible claims. As a result, IFRS standards in effect in 2011 may well change again in 2012. The CBA Working Group members will voice serious concerns to IASB on the proposed changes for claims and possible claims. In the meantime, they will develop interim guidance on how to respond to audit enquiries until a new JPS is completed. The Working Group will undertake consultations on any proposed changes and will prepare professional development sessions and “best practices” to issue with revised JPS.

Haiti Pro Bono Initiative Update
The CBA, CBA-Quebec, l’Association québécoise des avocats et avocates en droit de l’immigration (Association of Quebec Immigration Lawyers), the Barreau du Québec, Pro Bono Québec and la Maison d’Haïti have joined together to offer an expanded pro bono service to Canadians and permanent residents in Canada who wish to sponsor family members living in areas affected by the earthquake disaster in Haiti. Free-of-charge, in-person consultations are being offered by immigration lawyers in Montreal during specified business hours.

The service expands on the CBA’s original offering which includes names and contact information of immigration lawyers outside Quebec and an email address for inquiries from Quebec.

On the CBA’s Pro Bono Haiti initiative: “I would like to recognize and applaud the CBA’s efforts to support earthquake relief efforts in Haiti.” -John Sims, Deputy Minister of Justice and Attorney General of Canada at the 2010 CBA Mid-Winter Meeting

CBA’s Pro Bono Haiti Initiative: www.cba.org/CBA/about/haiti/default.aspx

Niagara 2010: August 15-17
This year’s three-day Canadian Legal Conference will attract more than 1,000 legal professionals from across Canada and around the world and feature exceptional professional development programs and renowned keynote speakers in the Niagara Falls/Niagara-on-the-Lake region.

Who

• Retired General Rick Hillier
• Legal academic and CBA Special Adviser Richard Susskind
• Member of the International Olympic Committee Richard Pound

What
More than two dozen professional development programs on family law, solo and small firm practice, cross border issues, corporate counsel, leadership and technology.

What Else

• Entertainment: Blue Rodeo’s Jim Cuddy and Greg Keelor
• Social Programs: Up close to the Falls at the Opening Night at Table Rock Centre
• Golf: Legends on the Niagara Golf Course
• Receptions: Wineries of Niagara-on-the-Lake

Watch the CBA website (www.cba.org) for details.

Changes to the Disbursement Quota Requirements for Charities
The Canadian Bar Association (CBA) has welcomed the changes to the disbursement quota requirements for charities contained in the 2010 budget released on March 3. These changes modernize the legal framework to give charitable organizations greater flexibility in meeting their goals.

In a letter to Finance Minister Jim Flaherty, CBA president Kevin Carroll, QC of Barrie, Ont., says the new quota requirements will “reduce the administrative burden on charities, allowing them to devote more time and resources to charitable activities.”

The CBA’s Charities and Not for Profit Law Section, with Imagine Canada and other voluntary sector stakeholders, have advocated for these changes for many years.

The full text of the letter is available on the CBA website (www.cba.org/CBA/submissions/pdf/10-12-eng.pdf).

The Canadian Bar Association is dedicated to support for the rule of law, improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers and law students from across Canada are members.

NEWS FROM RECENT B.C. CIVIL LIBERTIES PRESS RELEASE
Attorney General De Jong’s Decision to Open Access to Court Files is Applauded
The B.C. Civil Liberties Association (BCCLA) applauds the decision announced by Attorney General Mike De Jong to reform policies and practices of court officials regarding public access to court files and information.

The courts and court system should operate from the presumption that all materials filed with the court are open and available for the public to inspect, discuss and report on. Only in exceptional cases where, as the Supreme Court of Canada has ruled, disclosure would “subvert the ends of justice or unduly impair its proper administration” should materials be sealed and withheld from public access. Denying access should never be considered routine.

BCCLA President Robert Holmes said, “Reforming the practices of our court system so that the public can see and hear, through their own efforts or through the efforts of the press, what goes on in court is of great importance. The more the public can learn of how our courts operate, the greater the understanding and appreciation the public will have for their work. Similarly, the more the court system understands that the public is entitled to scrutinize, debate and argue about what goes on in court, that they are the people’s courts and that they apply the laws that the people have democratically put in place and can reform, the more likely it is that courts will remain in touch with the public they serve.”

CONTEST
Can You Guess Where These B.C. Courthouses Are Located? You Could Win an iPod
Can you guess the cities or towns where these present or former courthouses are located (see cover photo)? Send your answers to bartalk@bccba.org by May 31, 2010 for your chance to win a digital audio player. The winner will be drawn from the correct entries.

Photos taken by Dierk Ullrich and the staff at the British Columbia Courthouse Library Society.

UPDATE: CLEBC
Update to Award-Winning British Columbia Strata Property Manual Covers Maelstrom of Change
Major legislative amendments along with new Supreme Court Civil Rules, a wealth of new case law, new privacy issues, municipal bylaw amendments and more – strata property practice is in a state of flux. The first update of this comprehensive manual, thoroughly revised and including several new precedents, will equip you to take all of the changes in stride.

Remember to Register for CLEBC’S Programs on the New Supreme Court Civil Rules and Supreme Court Family Rules
The New Supreme Court Civil Rules: April 26 & 27, 2010 in the Lower Mainland; Victoria – May 13 & 14; Kelowna – May 20 & 21; Prince George – June 3 & 4.

Family Law – The New Supreme Court Rules: April 16, 2010 in the Lower Mainland; Kelowna – April 19; Victoria – April 22.

Civil Rules for Legal Support Staff: May 7.

Family Law – The New Supreme Court Rules for LSS: May 12.

Update Your Supreme Court Family Law Precedents with Supreme Court Family Rules Forms
On CD-ROM in Word and WordPerfect, available in March 2010.

Further information on CLEBC publications and courses is available from CLE customer service at 604-893-2121 (toll-free in Canada at 800-663-0437) or at www.cle.bc.ca.

NEWS
Getting Ready for the New B.C. Supreme Court Civil and Family Rules
The new B.C. Supreme Court Civil and Family Rules and revised fee schedules come into force July 1, 2010. An unofficial copy of both the new Civil and Family Rules are now posted on the BC Laws website under Court Rules Act on the Statutes and Regulations page (www.bclaws.ca).

The B.C. government has published an unofficial Table of Concordance of the current 2009 Civil and Family Rules compared to the new 2010 Civil Rules and Family Rules. Each concordance sets out each 2009 rule along with the applicable closest corresponding 2010 rule.

Find Table of Concordances at www.ag.gov.bc.ca.

INFO
New Westminster Courthouse Lockers
The New Westminster Bar Association provides locker rentals in the New Westminster Courthouse Barristers’ Room.

Cost is $125 per year. If you are interested, please contact Richard Molstad at 604-526-1821 for information.

This article was published in the April 2010 issue of BarTalk. © 2010 The Canadian Bar Association. All rights reserved.