IMMEDIATE ROADSIDE PROHIBITIONS | ACCIDENT BENEFITS CHANGES
O CTOBER 2016 | bartalkonline.org
Personal Injury Law
a look back BARTALK EDITOR
Deborah Carfrae
Cover photo: Car in pieces after an accident at Richards and Davie Street. Photos courtesy of City of Vancouver Archives.
EDITORIAL BOARD CHAIR
Candice Alderson
EDITORIAL BOARD MEMBERS
Nathan Bauder Laura Cundari Brandon Hastings Kevin Kitson Kirsten McGhee Brandon Mewhort Sarah Pedlow Lisa Picotte-Li Sarah Klinger
BARTALK SENIOR EDITOR
Margot White
Boeing employee looking over accident scene at Davie and Howe Streets.
Auto Wreck at the 1300 Block, West Pender Street.
Wrecked Chevrolet at the corner of Seymour & Nelson Streets.
View of an accident between an automobile and a street car.
Wrecked car – 16th and Kingsway.
Grayline tour bus off Connaught Bridge.
STAFF CONTRIBUTORS
Judy Cave Travis Dudfield Tanya Galic Kent Hurl Stuart Rennie Karen St. Aubin Jennifer Weber Judy Yen
The BC Branch of the Canadian Bar Association, 10th Floor, 845 Cambie St. Vancouver, BC V6B 5T3 Tel: 604-687-3404 Toll-free (in BC): 1-888-687-3404 bartalk@cbabc.org
BarTalk is published six times per year by the British Columbia Branch of the Canadian Bar Association and is available online at bartalkonline.org. © Copyright the British Columbia Branch of the Canadian Bar Association 2016. This publication is intended for information purposes only and the information herein should not be applied to specific fact circumstances without the advice of counsel. The British Columbia Branch of the Canadian Bar Association represents more than 7,000 BC members and is dedicated to improving and promoting access to justice, reviewing legislation, initiating law reform measures and advancing and improving the administration of justice.
BarTalk Publication Sales Agreement #40741008
Write Us
Advertising
Send your Letters to the Editor to:
Email: ads@cbabc.org
Deborah Carfrae – BarTalk Editor Email: bartalk@cbabc.org
Change of Address
Subscribe Online
Email: data@cbabc.org
Receive the latest issue of BarTalk directly to your inbox! Subscribe by sending your full name and email address to subscribe@cbabc.org or go to cbabc.org/bartalk/subscribe.
2
BARTALK / OCTOBER 2016
Lawyer Referral Service Email: lawyerreferral@cbabc.org
OCTOBER 2016
VOLUME 28 / NUMBER 5
Contents
Departments
4
FROM THE PRESIDENT Every Journey Has a Beginning by Michael Welsh
5
EXECUTIVE DIRECTOR Failure is Always an Option by Caroline Nevin
6
PRACTICE TALK Lawyers and Heart Disease by David J. Bilinsky
7
DAVE’S TECH TIPS
8
NOTHING OFFICIAL Boldly Going by Tony Wilson
Sections
10 SECTION UPDATE Insurance Law Animal Law Solicitors’ General Practice – Central Vancouver Island Frequently Asked Questions 11
SECTION NEWS
Features
12 STUDENTS AND YOUNG LAWYERS by Alec J. Young 13 WORKERS’ COMPENSATION CONSIDERATIONS by Laurel Courtenay 14 CAR-SHARING AMONG PLAINTIFFS AND DEFENDANTS by Kevin Yee 15 PERSONAL INJURY ACROSS PROVINCES by Brandon Hastings 18 IMMEDIATE ROADSIDE PROHIBITIONS by Christina Drake 19 ONTARIO STATUTORY by Danielle M. Gauvreau and Laura L. Emmett 20 BIG DATA AND PERSONAL INJURY by Yun Li-Reilly
Guest 9
IN RESPONSE TO... ANIMAL LIABILITY ACT, BILL M212 by Paul Bosco
Inside This Issue While motor vehicles have changed since the date of the photo on the cover of this issue of BarTalk, so too has personal injury law and motor vehicle related legislation. With the advent of car-sharing, personal injury lawsuits bring to light new issues – the extent to which owner’s insurance covers a car-sharing driver and potentially new liability defences. The law continues to evolve in an attempt to modify drinking and driving behavior and at the same time tests the constitution. Automobile insurance and personal injury regimes across Canada vary and comparisons of such regimes illustrate certain efficiencies, and in the case of Ontario, significant overhauls in the Statutory Accident Benefits regime highlights the potential exposure for increased tort claims in that province. Enjoy the read!
News and Events 2 A Look Back at Traffic Accidents 21 Bench & Bar Dinner Form 22 The Pitch: Legal Tech Innovators Take the Stage at 2016 CBA Legal Conference CBA Connect for Law Students and Young Lawyers 23 2016/2017 Executive Committee Audition for the Lawyer Show 2017 24 CBA WLF News 2016 Pride Parade Photos Canada’s Human Rights System: Reform on the Way? CLEBC Update 25 BC Legislative Update Branch & Bar Calendar BarTalk Readers Survey Winner 26 Tips from Courthouse Libraries BC BC’s LEGAL HISTORY by Hamar Foster, QC 31 Cast in the Perfect Role: Working In-House for Uber
Also In This Issue
16 27 28 29 30 31
MEMBER SAVINGS LAW FOUNDATION OF BRITISH COLUMBIA PROFESSIONAL DEVELOPMENT DISPLAY ADS BAR MOVES NEW MEMBERS
Click here for LEGAL OPPORTUNITIES and ads OCTOBER 2016 / BARTALK
3
FROM THE PRESIDENT MICHAEL WELSH
Every Journey Has a Beginning Our roadmap is set
I
am sure every new Branch president has felt that she or he faces a daunting task. In the year ahead, events in the history of our province, our country and the CBA itself present some significant challenges that will affect our Branch and our members. But don’t cry for me Argentina. I gladly signed up for this, as with those challenges will also come opportunities. In BC, we head into an election. While it will (I hope) not be the rollercoaster ride – and sometime circus sideshow – happening to our south, it will bring into focus many areas where the political parties will be pushed to address economic, environmental, social and other problems. We in the legal profession must ensure that the challenges facing our justice system are in the forefront of the discussions, and our Branch, as it has done in the past, will take a lead role in making that happen. We are preparing an Agenda for Justice that we will present to the political parties and their candidates by the beginning of 2017. I ask for your help in identifying where positive change is needed, whether in legislative reform or in addressing barriers to justice faced by parts of our society. Please send your thoughts and ideas to president@cbabc.org. There has been somewhat of a sea-change in the attitudes of our present (versus our last) federal government about the need to address inequities in our criminal, family and civil justice systems, especially as these affect our indigenous peoples. The Truth and Reconciliation Commission report (“TRC”) findings and recommendations cannot be ignored and must instead form an impetus for change. Professional organizations, like the CBA, must look inwards to see how we can better support our indigenous members and give leadership to the Bar as whole to better address and meet the needs and aspirations of First Nations people. Our Branch, which through our Aboriginal Lawyers’
4
BARTALK / OCTOBER 2016
Forum (“ALF”) and Aboriginal Law Sections has been an early and consistent supporter of our indigenous members will, in light of the TRC conclusions, be undertaking a review of what we can do better. As part of that process, we welcome Tina Dion,
I have seen how we need to better support all lawyers – in the large cities, but also the sole practitioners and small firms in all parts of BC. Chair of the ALF, to our Executive Committee as our Equality and Diversity representative. The CBA has spent the past couple of years in intensive study of why our 120-year-old organization is increasingly failing to meet the needs of Canada’s lawyers and why increasing numbers
are leaving as members. In August, our National Council unanimously passed a new direction for the CBA, its work and its governance. In the next year, various working groups across the country are filling in the practical details of implementation. Here in BC, one of my goals is to undertake that same process at our Branch level. As a lawyer who has practised mostly in smaller communities, I have seen how we need to better support all lawyers – in the large cities, but also the sole practitioners and small firms in all parts of BC. I intend to meet with lawyers and local Bar associations around our province; to take the CBA to them and to build new and stronger relationships. In particular, we need to support those lawyers who are beginning their careers. The cost of a law degree grows constantly and unless we find ways to allow young lawyers to make a decent living in all parts of BC, our smaller communities will lose access to legal services. We cannot allow that to happen. Legal professionals, like doctors and dentists, are part of the necessary infrastructure of every community and we cannot lose sight of that fact.
Michael Welsh
president@cbabc.org
EXECUTIVE DIRECTOR CAROLINE NEVIN
Failure is Always an Option
Choosing a new comfort zone
I
s anyone else numb to the message that we live in times of everescalating rates of change? We’ve heard it so often, and we feel it in everything we do. Our anxiety levels are through the roof, and there simply aren’t enough hours to keep up with everything. New technologies, new processes, new ideas – even new buildings and people in our work and personal lives – pop up and demand space in our consciousness every day. It’s exhausting. I’ve been doing a lot of reading on this lately, on the theory that there must be a new and better way to cope with the speed of change, filter out useless things, and make myself faster at incorporating useful practices and tools that lead to more success. And there’s the killer word: success. The two most important things I’ve learned from the change management gurus are actually very simple: first, fear of failure – and by that I mean the paralyzing terror of be-
ing exposed as unworthy – is the single biggest barrier to actually succeeding in the end. Second, the most essential thing to change in the face of change… is yourself. Robert Quinn, in Building a Bridge As You Walk On It, talks about our drive to stay in our “normal state” – a zone of comfort where we know how to manage and control, where we are externally driven, self-focused and internally closed. And that we waste huge amounts of energy in staying in that state even when faced with blazing signals that it is maladaptive and destructive to our own wellbeing as change in the world around us demands a different approach. When we are comfortable with how we’ve always approached the world, and refuse to evolve when it clearly doesn’t work anymore, we experience a loss of energy, vitality, and even the hope that things could or will ever be different. You don’t even have to be older to
have this experience – the panic of being out of our own zone of comfort and control can be as powerful and devastating in the first years of practice as in mid- to late career. The good news is, there’s one simple thing that can make a big
The panic of being out of our own zone of comfort and control can be as powerful and devastating in the first years of practice as in mid- to late career. difference. It’s not a drug, but it has as strong an effect. Think of it as the super-tool that arms you for anything – except its entire point is to help you lay down the armor, and become more open to being purpose-centred, internally driven, other-focused and externally open (all the conditions Quinn says
make it possible to not just cope but bloom in response to change!). It’s called mindfulness. In their book The Anxious Lawyer, Jenna Cho and Karen Gifford do a great job of laying out the professional and personal gains that real lawyers have achieved from practising mindfulness and meditation. The simple act of booking in any small acts of mindfulness, any minutes for meditation, on a daily basis will make a significant difference to your ability to flow with change. And guess what? There’s an app for that! (Calm and Breathe are two, but there are lots). The second tool you need in your toolbox? If you want to truly succeed in work and in life, it’s time to reframe your ideas about failure. In the words of Kotter’s penguins in his fabulous fable, Our Iceberg is Melting, “Walk around, keeping your eyes and minds open. Be curious.” Denying yourself genuine chances for failure – or public discussion about failures when they occur – means choosing to lose half of the lessons life has to offer you as an evolving lawyer and person. It’s time to create a new comfort zone!
Caroline Nevin
cnevin@cbabc.org OCTOBER 2016 / BARTALK
5
practicetalk DAVID J. BILINSKY
Lawyers and Heart Disease
Taking steps to not be a statistic r
I
Oh but workin’ too hard can give you a heart attack You oughta know by now... r – Music, Lyrics and recorded by: Billy Joel.
n December 2014, Edward Greenspan, one of Canada’s most famous criminal defence lawyers, died at age 70 from heart failure, ironically while on holiday. He is not alone. Many lawyers will be diagnosed this year with heart disease, heart attacks, high blood pressure, atrial fibrillation, pulmonary embolisms and strokes and some will die. Globally, cardiovascular disease is the leading cause of death and claims more lives than all forms of cancer, combined. Lawyers are particularly susceptible to stress-related illnesses, including heart disease, “because of the unique interplay of the legal profession and lawyer personality” (per the American Bar Association Journal). It is no secret that the legal profession has to deal with stress, depression and a degree of hostility. This, unfortunately, is a particularly lethal combination. Lawyers have the highest rate of depression among 100 professions (Sells, The Sole of Law: Understanding Lawyers and the Law (1994) at 94.) Edward C. Suarez, Ph.D., of Duke University, says a recent study, “... suggests the possibility that men who are... hostile and exhibit depressive symptoms, even in the mild to moderate range, are at heightened risk for cardiac events.” Dan Lukasik, a personal injury lawyers asks, given the “clear connection between lawyer hostility, depression and the heightened risk for a cardiac event, what can lawyers do about it?” One of the first things we can do as a profession is to curtail uncivil behaviour and over-aggressiveness.
6
BARTALK / OCTOBER 2016
While we live in an adversarial system, neither our clients, the legal system, or the public are well-served by this approach and it causes undue stress and toil for all concerned. Another thing that we can do is curtail long work hours. The cure for overwork is not time management, or less holidays or not
Globally, cardiovascular disease is the leading cause of death and claims more lives than all forms of cancer, combined. taking vacations or even weekends off; it is improving our work conditions such that our minds and our bodies have an adequate time to rest and rebound from the stresses of the day. Take time to exercise, maintain good nutrition, good weight control and not smoking are four
things that all of us can do, right now. An added incidental benefit will be a lower exposure to substance abuse triggers. In Stress Management for Lawyers – How to Increase Personal and Professional Satisfaction in the Law,” 3rd ed, by Amriam Elwork, Ph. D, the author puts forth many concrete suggestions to reduce stress. One suggestion is by shifting our point of view of a stressful situation we can control our emotional response and look to generate solutions rather than generating anxiety and depression. A very interesting aspect of Dr. Elwork’s book is his suggestion to be true to your values. He lists seven areas of people’s lives where values are important: finance, work, character, growth, relationships, society and religious faith. He then asks if you are living true to your values in these seven areas. Do we recognize the signs of overwork and stress in ourselves that can lead to a heart attack? We ought to know by now… The views expressed herein are strictly those of David Bilinsky and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.
David J. Bilinsky is the Practice Management Advisor for the Law Society of British Columbia. Email: daveb@lsbc.org Blog: thoughtfullaw.com
GO ONLINE FOR MORE INFORMATION
dave’s techtips What are the signs and symptoms of types of heart conditions? Atrial Fibrillation (known as AFib) (according to WebMD. com) is where the smaller vessels of your heart are being activated in a chaotic electric pattern in excess of 400 beats per minute, as compared to 60-100 coordinated beats in a normal heart. ATRIAL FIBRILLATION Signs and Symptoms (webmd.com/heart/features/ symptom-guide#1) Heart palpitations (feeling that
your heart is racing or fluttering) Awareness that the heart is
beating Chest pain, pressure, or dis-
comfort Abdominal pain Shortness of breath Lightheadedness Fatigue or lack of energy Exercise intolerance
AFib raises your risk for stroke, since the chaotic rhythm may case blood clots to form inside the heart and then travel to your brain. CONGESTIVE HEART FAILURE Signs and Symptoms (mayoclinic.org/diseases-conditions/ heart-failure/basics/symptoms/ con-20029801)
Heart failure signs and symptoms may include:
Shortness of breath (dyspnea)
when you exert yourself or when you lie down Fatigue and weakness Swelling (edema) in your legs, ankles and feet Rapid or irregular heartbeat Reduced ability to exercise Persistent cough or wheezing with white or pink bloodtinged phlegm Increased need to urinate at night Swelling of your abdomen (ascites) Sudden weight gain from fluid retention Lack of appetite and nausea Difficulty concentrating or decreased alertness Sudden, severe shortness of breath and coughing up pink, foamy mucus Chest pain if your heart failure is caused by a heart attack PULMONARY EDEMA’S Signs and Symptoms (medicalnewstoday.com/articles/167533.php)
Signs and symptoms may include: Difficulty breathing Coughing up blood Excessive sweating Anxiety Pale skin Pink frothy sputum (which may be coughed up) Nocturia (getting up at night frequently to urinate) Swollen ankles (ankle edema), there may also be general swelling in the legs Orthopnea – the patient becomes breathless when lying down flat Paroxysmal nocturnal dyspnea – episodes of severe sudden breathlessness at night
If left untreated this can lead to coma and then death – usually due to hypoxia (oxygen deprivation). HIGH BLOOD PRESSURE (HBP) (heart.org)
According to the American Heart Association, “The truth is that HPB is largely a symptomless condition. If you ignore your blood pressure because you think symptoms will alert you to the problem, you are taking a dangerous chance with your life.” HEART ATTACK Signs and Symptoms (medicinenet.com/heart_attack_ symptoms_and_early_warning_ signs/page3.htm) Chest discomfort, manifest as
pain, fullness, and/or squeezing sensation of the chest Jaw pain, toothache, headache Shortness of breath Nausea Vomiting Upper middle abdomen discomfort Sweating Heartburn and/or indigestion Arm pain (commonly in the left) Upper back pain General malaise No symptoms One cannot overemphasize the importance of seeking prompt medical attention in the presence of symptoms that suggest a heart attack. © 2016 David J. Bilinsky
OCTOBER 2016 / BARTALK
7
nothingofficial TONY WILSON
Boldly Going
We are living in amazing times
I
t’s easy to turn on the news or read the papers these days and, based on the journalistic axiom “if it bleeds, it leads,” get profoundly depressed about the state of the world and the future of the human race. Whether it’s the Civil War in Syria, the disintegration of Iraq, the barbarism of ISIL, the change in the Earth’s climate, the refugee crisis in Europe, state-sponsored athletic cheating by Russia (not to mention Russia’s invasion of Ukraine and its general aversion to the rule of law), the shooting of unarmed black Americans by police, inequality of wealth, racism, terrorism, religious extremism or the never-ending bigotry and intolerance espoused by Donald Trump, there are still good things to celebrate, and they have nothing to do with politics, law or Pokémon Go. So in an effort to make you less depressed than you would otherwise be this October, (and to totally avoid law and politics), here are some good news stories to prove that we haven’t all gone to hell on a handcart. Since 1988, when a methodology was developed to find planets outside our solar system by a star’s wobble, 3,518 exoplanets have been discovered! Most are in uninhabitable zones in their solar systems, they’re ridiculously close to (or far from) their suns, and are either too hot or too cold for liquid water necessary for life (“as we know it”). But in August 2016, Proxima b was discovered. It’s a rocky world (as opposed to a gassy one that’s hard to walk on) and it’s a bit bigger than Earth. But it’s in the so-called habitable “Goldilocks Zone” of its star, Proxima Centauri, and it’s a mere 4.2 light years from Earth. Better yet, it may have an atmosphere! The bad news is that a spacecraft launched today traveling (a mere) 4.2 light years with today’s technology, would take something in the order of 200,000 years to get there, when we humans will have
8
BARTALK / OCTOBER 2016
evolved (or devolved) into something else. Scientists are trying to develop a project called “Breakthrough Starshot” that would send miniaturized probes using nanotechnology (and weighing about a gram), at 20% of the speed of light to star systems with promising exoplanets, and in this case, those probes would arrive at Proxima b around 20 years after launch. It may well be that if this technology flies (pun intended), children learning about Proxima b today will be alive when pictures of this planet are taken and transmitted back to earth by those tiny probes. Closer to home, but still on the “boldly go to the final frontier” theme, NASA has approved testing something called the EM Drive, that could send a spacecraft to Mars in 70 days as opposed to 425 days. For years, the drive was believed to defy the laws of physics, but a peer review of the technology indicates that it is worthy of
more thorough investigation (and funding). Another technology on the drawing board, called DEEP IN might get a 100 kg probe to Mars in three days. More good news? Humpback whales have returned to Georgia Strait waters after having been hunted to near-extinction in the 19th century by whalers (including my great grandfather!). Boaters have been warned to be on the lookout for Humpbacks so there aren’t whale and boat collisions. Still more good news? Researchers have announced a possible treatment for Alzheimer’s disease. Clinical trials involving almost 200 patients showed patients treated with a high dose of an antibody drug called “aducanumab” experienced almost complete clearance of the plaque buildup that prevents brain cells communicating, which in turn, causes irreversible memory loss and cognitive decline. Massachusetts-based biotech company Biogen wants to bring the drug to market. So despite the gloom and doom you might watch on the nightly news or read about in the paper, we live in a Golden Age of scientific discovery. Tony Wilson actually remembers watching the very first episode of Star Trek in September 1966, 50 years ago. His views, even about good scientific news, are strictly his own and do not reflect the opinions of the Law Society of British Columbia, CBABC, or their respective members.
guest PAUL BOSCO
In Response to... Animal Liability Act, Bill M212 Barking up the right tree
I
n her guest column in the June 2016 issue of BarTalk, Ms. Breder argues that the proposed Animal Liability Act (“ALA”) is problematic. Specifically, she says it puts too much responsibility on animals’ guardians.1 Although I understand Ms. Breder’s position, I disagree. Yes, the proposed ALA would place a high degree of responsibility on owners or “harbourers” (we can collectively call these “guardians”) of animals. Liability would be imposed for injuries or damage caused by guardians’ animals regardless of whether their animal had a propensity for violence (or the guardian knew their animal had a propensity for violence).2 Ms. Breder provides the example of an animal protecting its property in support of her opinion that this is unfair. But what about a child delivering newspapers that is mistaken for an intruder? Or a guest in a home that is the victim of a “one-off” attack? Although the proposed ALA is victim-centred, it is the correct approach to dealing with these situations. Ms. Breder says it would be “grossly unfair” for the conduct of victims not to be taken into account. But the proposed ALA does this: it expressly states “the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the harm.” This is an
appropriate mechanism to allow liability to be apportioned onto the victim if it is appropriate in the circumstances. The current law on animalrelated injury or damage in BC is a hodgepodge of common law
negligence, the doctrine of scienter, and the Occupier’s Liability Act. The proposed ALA would effectively override all of these, becoming the “go-to” piece of legislation for animal-related injury and damage claims in BC. This would simplify the claims process for both plaintiffs and defendants. The proposed ALA is well crafted. It is concise and simple enough to be understandable while remaining sufficiently robust and encompassing to be effective. It takes into account potential liability of victims
and multiple offenders while putting a high degree of responsibility on animal guardians. It promotes safety and accountability and discourages terrible situations of an animals being destroyed. I agree with Ms. Breder that in order to fully minimize animalrelated injury and damage, a proactive approach needs to be taken. Her idea of basic animal training courses being offered by municipalities in exchange for a reduced licensing fee is a good one. But I would argue that this should be taken further. I would argue basic training courses should be a required step of obtaining an animal license. I would also argue that animal owners should be required to carry liability insurance that covers injury or damage caused by their animal before they will be licensed. The tort system exists to ensure people act in accordance with the standards expected of them by society in relation to the tasks they perform. Ensuring liability can be imposed on people that do not adhere to this standard is an important part of this, and the proposed ALA does just this. Original article can be found here cbabc.org/BarTalk/Columns/GuestColumn/em-Animal-Law-LiabilityAct-em-,-Bill-M212 2 The proposed ALA can be found here http://goo.gl/NKpfGN 1
Paul Bosco is an injury lawyer with experience in animal-related claims at Murphy Battista LLP. OCTOBER 2016 / BARTALK
9
sections SECTION UPDATE
Keep Current A review of provincial Section meetings Insurance Law Meeting in Review: June 28, 2016 Speaker: Richard Lindsay, QC (pictured on left) Winner: Greg Tucker, QC (pictured on right) Topic: Insurance Lawyer of the Year Award Dinner and AGM
Insurance Law June 28, 2016 members of uOn the Insurance Law Section met to honour Greg Tucker, QC, as Insurance Lawyer of the Year. Richard Lindsay, QC, always a great speaker, introduced his friend and colleague and listed his numerous accomplishments. But the best part of the evening was the recipient’s own Ode to Insurance Law, a poem he wrote and performed: Insurance should be a simple thing, How hard can it be? Slips and fall in shopping malls, Homeowner’s property.
Animal Law Meeting in Review: June 30, 2016 Speaker: Elisabeth Ormandy, Ph.D., Executive Director of Animals in Science Policy Institute Topic: Animals Used in Research and the Law & Elections
Solicitors’ General Practice Central Vancouver Island Meeting in Review: August 16, 2016 Speaker: Marty Eakins, Hayes McNeill & Partners Ltd. Topic: Consumer and Commercial Proposals Under the Bankruptcy Legislation
FREQUENTLY ASKED QUESTIONS
But then there’s R&Rs and D&Os Hull and machinery; There’s EPLs and E&Os, And the dreaded RFP. There’s follow form and marketform, And binding authority, And there’s the ever subtle difference Between defence and indemnity. There are umbrellas that don’t keep out rain, And wraps that you can’t eat. LEGs that you can’t stand on, And uninjured casualties. There are towers you can’t live in, And subscriptions you can’t read. And don’t expect to be kept warm under A blanket COC. But if it’s not as simple As it all should be, That means one thing to you and I, Job security.
Animal Law Dr. Elisabeth Ormandy is a
ufounder of Animals in Science
Policy Institute. She spoke about the current use of the three million animals in research in Canada. Elisabeth discussed the various
10
BARTALK / OCTOBER 2016
policies, laws and society’s views that are engaged in animal testing. She made a compelling argument that technological advancements in science have made the use of nonhuman animals obsolete.
Solicitors’ General Practice – Central Vancouver Island On August 16, 2016, Marty
uEakins, CPA, CA, CIRP,
Licensed Insolvency Trustee (LIT) of Hayes McNeill & Partners Ltd. presented to the Solicitor’s General Practice – Central Vancouver Island Section on Consumers Proposals under Division I and II. He provided an overview of bankruptcy law in Canada and then focused on consumer proposals and the requirements for each type of proposal. Marty went over the practical aspects of how Consumer Proposals work for our clients and the role of the Licensed Insolvency Trustee in the process. He provided new counsel with a good basic understanding and then spent time answering more seasoned counsel’s questions on very specific issues their clients have faced in their efforts to negotiate with creditors.
FREQUENTLY ASKED QUESTIONS DO I HAVE TO RE-ENROL IN SECTIONS EVERY YEAR?
u
No. CBA members no longer need to re-enrol in Sections. You will be automatically enrolled when you renew your CBA membership for 2016/2017. New and rejoining CBA members who have been inactive for more than one year will need to manually enrol in Sections.
WITH UNLIMITED ACCESS TO SECTIONS, WHY SHOULD I ENROL?
To ensure you receive notifications on news relevant to your preferred Sections, you need to enrol in those Sections. Members no longer need to be enrolled in the host Section(s) to register for a meeting and to access the online resources. However, to receive notification of upcoming Section meetings/events, members must be enrolled in those Sections. Non-enrolled members can access the Sections Calendar to view all upcoming Section meetings. All members are required to register online prior to the meeting and/or event date to be able to attend in-person or remotely. Additional fees may apply upon registration such as meal costs. DO I HAVE TO ENROL IN SECTIONS TO ATTEND AN UPCOMING MEETINGS AND EVENTS?
No, CBABC members no longer need to be enrolled in the host Section(s) to register for a meeting. Meeting fees may still apply and will be posted on the
registration page. Attendees are required to register prior to the deadline as space may be limited, as well as to obtain CPD credit (if applicable). For more information, please visit: CBABC.org/Sections-and-Community or email sections@cbabc.org. For CBABC members, more detailed information and available minutes from the Section meetings are online at cbabc.org under CBABC Sections & Forums. UPCOMING SECTION MEETINGS Looking for upcoming Section meetings? Check the online Sections Calendar or the CBA PD Resource site regularly as new meetings are added daily. Enrolled members automatically receive notice of their Section’s meetings by email. Enjoy the benefits of membership and enrol in Sections today. CBA members are reminded to keep their profiles up to date with the Branch to ensure they receive notices.
To Our Section Volunteers: Thank you and Welcome With the conclusion of a great 2015/2016 Section term, we sincerely thank you for your commitment and support in keeping our Sections active and vibrant. We would like to extend a warm welcome to our new and returning officers for the 2016/2017 term.
Sections Annual Reports Annual Reports for 2015-2016 are now available on cbabc.org/Sections. Please visit your Sections home page to see reports on the meetings held and highlights during last term. Sections Annual Reports are compiled at the end of each Section year to provide members an at-a-glance summary of the activities of the previous year.
OCTOBER 2016 / BARTALK
11
feature ALEC J. YOUNG
Students and Young Lawyers
Should give personal injury practice a try
T
o all the articling students and young calls reading this: raise your hand if you have said any of the following during a job interview: “I want to run my own files.” “I need court experience.” “I’d like more client interaction.” All of these statements are interview clichés, and for good reason. If you plan to be a litigator, handson experience in every aspect of the job should be your priority. Now, to get that experience, you could venture to a small town and hang out a shingle (except, don’t actually hang out a shingle. It’s 2016, buy a domain name.). However, there is an alternative for those of us in urban centres: 12
BARTALK / OCTOBER 2016
to get plenty of hands-on litigation experience, find a way to get into personal injury (PI) practice. Many of my colleagues are reluctant to practise in this area. Rightly or wrongly, personal injury lawyers carry a certain stigma in society (you’ll learn to resist rolling your eyes when your non-lawyer friends call you an ambulance-chaser). However, those litigators who are just starting out should not fall victim to this way of thinking, as PI is an excellent way to develop your skills. Young lawyers are handed their own files – lots of them – right out of the gate. This means doing everything yourself, from developing the evidence to negotiating an eventual settlement. You will need to develop a workflow that suits you, so that your practice runs efficiently. The most significant advantage is the opportunity to run your own discoveries. Unlike other practice areas, where discoveries can be rare, young PI lawyers find themselves conducting or defending discoveries every few weeks. You will
become more comfortable both making objections and responding to them. You will start to develop your own style. You will encounter reluctant witnesses who require careful questioning to draw out their evidence, and talkative witnesses who need to be reined in. There is also ample opportunity to interact with clients. Whether you act for plaintiffs or defendants (or both), odds are that a personal injury lawsuit will be your client’s first interaction with the legal system. Many of them will require reassurance about the process. All of them will need thorough preparation before they are examined under oath. Of course, opinion evidence is always crucial to personal injury lawsuits, so young practitioners will also learn to give instructions to their experts, and how to attack opposing experts. That said, there are downsides to every practice area and personal injury is no exception. Pleadings are largely boilerplate and there is usually little need for affidavits, so you will need to diversify your practice into other areas if you want to develop your drafting skills. Also, since junior PI files are usually not legally complex, there are fewer opportunities to research and argue black-letter law. On the whole, though, these downsides are outweighed by the advantages of honing your skillset while running your own files. If you are newly graduated or newly called and want to become a litigator, I encourage you to speak to an experienced personal injury practitioner. Alec J. Young practises personal injury, corporate/commercial and estate litigation in Victoria.
feature LAUREL COURTENAY
Workers’ Compensation Considerations In Personal Injury Actions
A
worker in the province of British Columbia who is injured in the course of employment may elect to bring a tort action or claim compensation under the Workers Compensation Act (the Act). The Act is a product of what has been called the historic trade-off (Marine Services International Ltd. v. Ryan Estate, 2013 SCC 44) by which workers lost the right to sue their employers for work-related injuries, diseases, and deaths in exchange for no-fault compensation. Therefore, if the potential defendant is a worker or employer acting in the course of employment, section 10(1) of the Act bars any legal action and compensation under the Act is the worker’s only remedy. Thus, prospective plaintiffs should determine the status of the parties at an early stage. WHERE A WORKER ELECTS TO CLAIM COMPENSATION
Where a worker elects to claim compensation, the Board becomes subrogated to the rights of the worker by virtue of s. 10(6) of the Act and has the exclusive authority to pursue an action in the name of the worker or in the name of the Board or compromise the right of action. Once the Board receives settlement funds or trial proceeds, it deducts the Board’s claim costs, including an administration fee, and pays the balance, if any, to the worker. The Board has the exclusive jurisdiction to determine
whether there is any excess left for distribution (Public Guardian and Trustee v. Workers’ Compensation Board, 2010 BCSC 1486). WHERE A WORKER ELECTS TO SUE IN TORT
A worker who elects to bring a tort action is not entitled to receive compensation under the Act unless the amount recovered at trial or by settlement with written authorization from the Board is less than the worker would have received under the Act. Section 10(5) requires that any out-of-court settlement has the written approval of the Board (see Decision No. 550 (1995), 11 W.C.R. 247). If a settlement is reached without the Board’s written approval, the worker may not be entitled to any benefits and the failure to ensure compliance with s. 10(5) could constitute professional negligence. If the plaintiff is entitled to workers’ compensation benefits but pursues a tort claim, the Board will accept a provisional claim that satisfies the requirement to file within one year of the date of the accident (s. 55). The claim is simply recorded; no benefits are paid unless and until the requirements of s. 10(5) are met. Under s. 82 of the Insurance (Vehicle) Regulation (B.C. Reg. 447/83) ICBC is only liable to
pay Part 7 benefits to the extent the amount of any benefit payable exceeds the amount that would be payable to the insured under the Act (Coggins v. Insurance Corp. of British Columbia (1997), 151 D.L.R. (4th) 244 (B.C.C.A.)). DETERMINING THE STATUS OF THE PARTIES
Section 2(1) of the Act creates a scheme of universal coverage, and gives the Board the discretion to grant exemptions. The Board’s board of directors has enacted policies which are binding on the Board and the Workers’ Compensation Appeal Tribunal (WCAT) (s. 99 and s. 250). Assessment Manual items AP1-1-4 and AP1-1-4 set out the guidelines for determining who is an employer or worker covered by the Act. The current exemptions granted by the Board are set out in AP1-2-1. In British Columbia, WCAT has the exclusive jurisdiction to determine the status under the Act of parties to a personal injury lawsuit and to certify that determination to the court (s. 257). The parties and the court are bound by WCAT’s determination and the court makes an order that gives effect to WCAT’s finding as to whether the Act provides a bar to the action (Smith v. Vancouver General Hospital (1981), 31 B.C.L.R. 358 (BCCA)). Laurel Courtenay is manager of litigation at the Workers’ Compensation Board of British Columbia and has represented the Board in judicial reviews, trials and appeals at all levels of court, including the Supreme Court of Canada. OCTOBER 2016 / BARTALK
13
feature KEVIN YEE
Car-Sharing Among Plaintiffs and Defendants Features in personal injury law
T
o the chorus of The Clash’s Should I Stay Or Should I Go: Was it Evo, Modo, ZipCar? Was it Evo, Modo, ZipCar? car2go’s the other car-share, n’matter what, there’s duty of care. The next time you’re stuck in traffic in Vancouver, see if you can spot the Modo, car2go, ZipCar, or Evo cars around you. They are the four major car-sharing programs in Vancouver. Once you notice them, you’ll realize just how popular they are. For many, car-sharing is a viable option. It can be an outright alternative to car ownership or just a way to get from point A to B for the occasional outing. Evo cars are often parked at hiking and mountain biking trailheads. car2go vehicles are left at YVR by members flying out of town. For the personal injury lawsuit, car-sharing introduces a twist. What if a client comes to you and says they were in an accident involving a carshare? Whether or not that person was traveling in the car-share, there are certain practical considerations. You may need to figure out who owns the car-share. Generally, the car-sharing program owns the vehicle. The owner could be a forprofit company like ZipCar or a coop like Modo. The vehicle owner would likely be the insurance policy holder and so would have third party liability coverage for protection from lawsuits. Generally, this protection would extend to
14
BARTALK / OCTOBER 2016
the vehicle’s drivers. This coverage varies from program to program. car2go offers $1 million whereas Modo offers $5 million. Based on the specific car-share, the vehicle might be deemed a rental/leased vehicle. If so, consult the provisions of the Insurance (Vehicle) Act on vicarious liability of the vehicle owner and its statutory limits. Car-shares permit registered members to use their fleet under terms and conditions. Have a look at those terms to determine whether the driver had the owner’s consent. Without consent, the driver may or may not be protected by the owner’s insurance policy. The issue of consent has implications on the owner’s vicarious
The next time you’re stuck in traffic in Vancouver, see if you can spot the Modo, car2go, ZipCar, or Evo cars around you. liability for their vehicle’s driver. It also has serious implications for a plaintiff’s ability to collect. This scenario could play out if a registered member let a non-registered friend drive the car-share. Here’s another curiosity: ZipCar and car2go prohibit members
from using their vehicles in a “negligent” manner. Strictly speaking, anyone causing an accident – thereby committing the tort of negligence – would arguably run afoul of the terms! What about investigating defences on liability? Perhaps you’ll need to figure out what route a car-share vehicle took just before the accident. The speed in which the vehicle was traveling might be key. Some shared vehicles have GPS tracking and so useful information may exist with the registered owner or on the driver’s membership account. Also, certain aspects of car-sharing may inadvertently lend themselves to negligent driving. Find out if the driver was in a rush to return the carshare at the end of a reservation window. Or perhaps the driver was speeding as a result of a pay-per-minute system. These are just a few novel considerations that car-sharing introduces to the typical personal injury lawsuit. It illustrates how the practice of law adapts to the everchanging ways we use our roads. Car-sharing isn’t the only development. Mobi has just introduced bicycle-sharing in Vancouver. And Uber may eventually make a triumphant return to our province. Time will tell how personal injury law will evolve as new transportation options emerge. Kevin Yee practises civil litigation and personal injury law at Stevens Virgin. He thanks Karen New, Alifya Curtin, Keiko Jacobs, Kate Binette and Dacyl Armendariz.
feature BRANDON HASTINGS
Personal Injury Across Provinces
Dimensions of auto insurance in Canada
A
s the Insurance Corporation of British Columbia (ICBC) announces another significant rate hike, a comparison of Canada’s automobile insurance and personal injury (PI) regimes seems apropos. I focus on three provinces to provide a cross-section of Canada: British Columbia, Alberta and Quebec. Major heads of damage in personal injury are generally phrased as some combination of the following: general damages, loss of earning capacity, and out-of-pocket expenses (including healthcare). It is important to note that while third-party liability insurance legally covers an at-fault driver through indemnification against civil liability, its functional role is to provide compensation to injured parties. In BC, for example, severely injured parties would be unlikely to fully collect on their judgments, but for the tortfeasor’s insurance. There are also major differences across Canada in terms of who the insurers are. British Columbians receive their basic insurance through the provincially-owned megalith, ICBC. Albertans get their coverage through a regulated private insurance market, and residents of Quebec are covered against personal injury by that province’s Société de l’assurance automobile du Québec (SAAQ), and against property damage by private insurers.
Both British Columbia and Alberta’s tort-based regimes require $200,000 per accident in mandatory third-party liability insurance (TPL). BC also provides $150,000 in no-fault medical payments – triple Alberta. Quebec requires $50,000 in TPL. In Quebec, however, TPL covers property damage only. Quebec personal injuries, on the other hand, are covered by the no-fault SAAQ, which provides 90% income replacement as a non-taxable benefit, up to $71,500 annually, and unlimited medical payments. In BC and Quebec, insurance regulation happens directly through ICBC and SAAQ. Private insurers in Alberta are regulated by that prov-
The tort/no-fault debate is longstanding, and almost all provinces have struck a balance. ince’s Automobile Insurance Rate Board (AIRB), which sets maximums for mandatory insurance premiums. According to the AIRB, more than 93% of Alberta drivers pay less than the cap, which would agree with various papers positing privatization in BC would improve efficiency and reduce premiums.
In addition to Canada’s general cap on personal injury (Andrews v Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229), Alberta has legislated caps on “minor” personal injuries under the Minor Injury Regulation, AB Reg 123/2004 (affirmed in Morrow v Zhang, 2009 ABCA 215, leave to appeal denied). Perhaps, unsurprisingly, insurance premiums differ drastically. According to lowestrates.ca, under Quebec’s no-fault system, citizens pay an average of $642 per year, Alberta’s private insurers charge an average of $1,004, and ICBC charges an average of $1,113 annually. ICBC said in 2015 that legal fees amounted to $306 million, or 20% of the cost of bodily injury claims, not to mention the social cost of running the court. By contrast, the SAAQ’s documentation provides that “[a]nyone who sustains bodily injury in an accident is compensated regardless of whether or not that person is responsible for the accident. Suing for damages in civil court to cover bodily injury is therefore eliminated” [emphasis in original]. The tort/no-fault debate is longstanding, and almost all provinces have struck a balance. One of the benefits of no-fault regimes is the redirection of money from justice administration to injured persons. This likely also means, of course, that more money ends up in the hands of people that aren’t as injured as they claim, which may create other social costs. Brandon Hastings (bhastings.com) is an associate at MacLean Law, civil roster mediator, technology enthusiast and director at ISSofBC. OCTOBER 2016 / BARTALK
15
membersavings CBABC Members Can Take Advantage of Great Discounts, Special Offers and Exclusive Promotions Following are some of the offers from our partners. Visit cbabc.org/Membership/Member-Savings for all activities and promotions. Check the CBABC News & Jobs weekly e-newsletter for seasonal promotions and special offers.
EXCLUSIVE OFFER FROM MERCEDES-BENZ CANADA! Mercedes-Benz Canada is pleased to offer members of the CBABC discount of up to $1,500 off the purchase of a new Mercedes-Benz, smart or AMG vehicles.
STAGE2DATA Stage2Data, helping the Canadian legal profession get clear on disaster recovery as a service, secure cloud backup and cloud hosting.
AVIS
With special discounts and the highest levels of service there's never been a better reason to rent with AVIS! And low rates are just the beginning... we go the extra mile for you with special offers and personalised, attentive service that will put a smile on your face.
BUDGET CAR RENTAL
It is a pleasure to introduce Budget Car Rental as an official supplier to all members of the Canadian Bar Association. In addition to great rates for your business and leisure car rental needs, Budget is also offering discounted rates to CBA members for truck rentals!
Call 1-888-687-3404 for information on how to partner with CBABC!
16
BARTALK / OCTOBER 2016
EMAIL: MEMBERS@CBABC.ORG \\
Ad spot 8.25 in x 10.75 in
It’s not your ride, it’s your drive. The 2017 E-Class Sedan. Total price starts at $64,360.* As a member of the CBABC, you are entitled to an exclusive offer. For more details, visit bitly.com/mbcorporate.
©2016 Mercedes-Benz Canada Inc.
For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Mercedes-Benz Vancouver 550 Terminal Avenue, Vancouver | D#6276 Open Sunday: 12pm – 5pm
Mercedes-Benz Boundary 3550 Lougheed Highway, Vancouver | D#6279 Open Sunday: 12pm – 5pm
Mercedes-Benz North Vancouver 1375 Marine Drive, North Vancouver | D#6277 Open Sunday: 11am – 5pm
Mercedes-Benz Richmond 5691 Parkwood Way, Richmond | D#6278 Open Sunday: 11am – 5pm
Mercedes me Aberdeen Centre, Richmond | D#6278 Open Sunday: 11am – 7pm
©2016 Mercedes-Benz Canada Inc. Shown above is the 2017 E 300 4MATIC™ Sedan with optional equipment. MSRP of advertised 2017 E 400 4MATIC™ Sedan is $61,200. *Total price of $64,360, includes freight/ PDI of $2,395, dealer admin fee of $595, air-conditioning levy of $100, PPSA up to $45.48 and a $25.00 fee covering EHF tires, filters and batteries. Vehicle options, fees and taxes extra. Vehicle license, insurance, and registration are extra. Dealer may lease or finance for less. Offer may change without notice. Visit a Mercedes-Benz Vancouver Retail Group dealer for details or call 604-351-5290.
2016-09-2361-MB-September-E-Class-Print_Ad-BarTalk.indd 1
2016-09-12 2:18 PM
OCTOBER 2016 / BARTALK FILENAME
2016-09-2361-MB-September-E-Class-Print_Ad-BarTalk.indd
INTERNAL REVISION
CLIENT
Mercedes-Benz
CLIENT REVISION
TRIM
8.75" x 11.75"
1 1
C
M
Y
K
Bar Talk Material:
September 12, 2016
17
feature CHRISTINA DRAKE
Immediate Roadside Prohibitions The constitutional challenge saga
O
n September 20, 2010, to address drinking and driving, the provincial government brought into force sections 215.41215.51 of the Motor Vehicle Act. These sections created an additional regulatory process now referred to as the immediate roadside prohibition or IRP scheme. Unlike the “administrative driving prohibition” scheme (sections 94.1-94.6), the IRP scheme authorizes officers to serve 90-day driving prohibitions, which take effect immediately, on drivers who register a “fail” on an Approved Screening Device (ASD), meaning their blood alcohol content is more than .08, or on drivers who refuse to provide a breath sample. Drivers must also pay a monetary penalty and their vehicle is impounded for 30 days. Drivers can also be required to take a remedial course and install an interlock device on their vehicle. Also, unlike the “administrative driving prohibition” scheme, the IRP scheme applies to drivers who register “warns” on an ASD, meaning their blood alcohol content is between .05 and .08. These drivers are subject to increasing penalties beginning with an immediate 3-day driving prohibition. Similar to the “administrative driving prohibition” scheme, the IRP scheme establishes an administrative review process that allows prohibited drivers to apply
18
BARTALK / OCTOBER 2016
to the Superintendent of Motor Vehicles to have an IRP revoked on limited grounds. Immediately, drivers receiving IRPs challenged the constitutionality of the IRP scheme on division of powers and Charter grounds. Drivers argued the IRP scheme was in pith and substance criminal law, and that it infringed section 8 of the Charter [unreasonable search and seizure], section 10(b) [right to counsel], and section 11(d) [presumption of innocence when charged with an offence]. Only the section 8 Charter challenge was successful and only for drivers who blew “fails”: Sivia, 2011 BCSC 1639; Sivia, 2014 BCCA 79; Goodwin, 2015 SCC 46 (the “warn” provisions and the section 10(b) Charter challenge were not argued on appeal). In finding a section 8 Charter breach, the courts considered the regulatory purpose of the seizure of breath, its criminal-like features, its consequences, its reliability, and the scope and availability of a review. Portions of the scheme were declared invalid but since the courts found the declaration operated prospectively, drivers were not entitled to any other remedy: Sivia, 2012 BCSC 1030; Jaswal, 2016 BCCA 245 (applications seeking leave to appeal were filed in August 2016).
Following the declaration of invalidity, in June 2012, the provincial government amended the legislation. The amendments expanded the grounds of review, which now include the reliability of the ASD result, and require officers to inform drivers of their right to a second ASD test, issue the prohibition on the basis of the lower result, swear a Report to Superintendent and provide the Superintendent with ASD calibration information. New constitutional challenges followed shortly after these amendments came into force. In Bro, 2014 BCSC 1682, Justice Macaulay determined that with its amendments, the IRP scheme did not contravene section 8 of the Charter or, if it did, was saved by section 1. The petitioners from Bro filed appeals but, after the decision in Goodwin was released, did not pursue them. However, in August 2016, the petitioner in Gregory (2016 BCSC 1192), who also advanced section 8 and 10(b) Charter arguments, filed a Notice of Appeal. Additionally, new constitutional challenges have sprung from further amendments to the IRP scheme that give the Superintendent the power to obtain “technical materials” to assist him in determining a review and that clarify the burden of proof at the review is on the applicant. And so, the saga continues... Christina Drake is a lawyer with the Legal Services Branch, Constitutional & Administrative Law Group at the Ministry of Justice.
feature DANIELLE M. GAUVREAU AND LAURA L. EMMETT
Ontario Statutory
Accident benefits changes
S
ince 1990, Ontarians have had access to extensive Statutory Accident Benefits payable by their own motor vehicle insurers following a motor vehicle accident, regardless of fault. Benefits have been payable for many goods and services required as a result of a motor vehicle accident, including, most recently, Medical and Rehabilitation Benefits, Attendant Care, Non-Earner Benefits, and Income Replacement Benefits. Although Ontarians have had the concurrent, limited right to sue in tort, the Statutory Accident Benefits regime has played an important role. Most notably, tort defendants have received credit for benefits paid by the accident benefit carrier. However, as of June 1, 2016, the Statutory Accident Benefits regime has again undergone significant overhaul. The availability of Non-Earner Benefits have changed dramatically. Immediately prior to the amendments, Non-Earner Benefits were payable for life to claimants who suffered a complete inability to carry on a normal life as a result of a motor vehicle accident in the base amount of $185 per week, subject to continuing entitlement. For students or recent graduates, the Non-Earner Benefit increased to $320 per week at 104 weeks post-accident. NonEarner Benefits were payable to claimants beginning at age 16. With the June 1, 2016 amendments, Non-Earner Benefits are
now only payable for a total of 104 weeks to claimants at least 18 years old. The benefit is $185 per week, regardless of educational status at the time of the accident. The availability of Medical and Rehabilitation and Attendant Care Benefits have also changed dramatically. There are effectively three injury classifications, which lead to tiers of coverage: minor injuries, noncatastrophic injuries, and catastrophic injuries. In the amendments, the definition and limits of catastrophic impairment have been updated to reflect more recent medical standards. It remains unknown whether the changes will result in more or fewer claimants being accepted as catastrophically impaired. However, it is anticipated that fewer claimants will be able to satisfy these higher thresholds for entitlement. Prior to the amendments, for non-catastrophic injuries, claimants had access to $50,000 in Medical and Rehabilitation Benefits, payable for up to 10 years postaccident. Attendant Care Benefits were also payable for up to 104 weeks post-accident at a maximum of $3,000 per month, subject to a maximum limit of $36,000. For minor injuries, with the amendments, the limits for Medical
and Rehabilitation Benefits have not changed; it remains $3,500. Attendant Care Benefits are still not payable for minor injuries. However, the duration and monetary limits of Medical and Rehabilitation and Attendant Care Benefits have been reduced to a total combined limit of $65,000, payable for up to five years post-accident. For catastrophic injuries, prior to the amendments, Medical and Rehabilitation Benefits and Attendant Care Benefits were payable for life, each to a maximum limit of $1,000,000. Now, the limits for
Medical and Rehabilitation and Attendant Care Benefits have been combined for catastrophic injuries, for a total limit of $1,000,000. Given the reduction in coverage under the Statutory Accident Benefits regime, the tort regime will play a larger role going forward. As the limits for Medical and Rehabilitation and Attendant Care Benefits have been reduced, the exposure for tort claims will likely rise accordingly. Danielle practises insurance defence litigation in London, Ontario, including tort, accident benefits, loss transfer, and priority disputes. Laura also practises in Insurance Defence. Her practice is diverse and includes accident benefits, tort claims and privacy liability. OCTOBER 2016 / BARTALK
19
feature YUN LI-REILLY
Big Data and Personal Injury
A duty to warn for Internet service providers
O
ver the last two decades, the Internet has developed at a speed unmatched by any previous human ingenuity. It is hard to believe that “google.com” was registered as a domain in 1997, and that Facebook only launched 12 years ago. Fast forward to today, Google processes an average of 40,000 search inquiries per second, 1.13 billion people log onto Facebook daily, and the Dalai Lama has a Twitter account! Most Canadians cannot imagine life without the Internet – a life that an increasing number of young Canadians have never known. The convenience that the Internet brings is not for naught. In exchange, each individual user contributes to service providers’ collection of Big Data – the conglomerate of a tremendous number of data points which can then be analyzed to provide insight and to predict future outcomes. Internet service providers in turn sell this Big Data for whopping sums. This is not a surprise as those with access to Big Data can see into the future. A few years ago, Google Flu Trends used search inquiries to predict the spread of influenza in almost 30 countries, including Canada. Last year, researchers analyzed the contents of tweets related to asthma to predict visits to the emergency room. A Microsoft study found that certain patterns of Bing searches were predictive
20
BARTALK / OCTOBER 2016
of a future diagnosis of pancreatic cancer for some, with a false positive rate of only 0.001%. Scientists have now created an algorithm that analyzes photos on Instagram to correctly predict depression 70 percent of the time. In stark contrast to the development of the Internet is the development of the law governing it. Canadian law has not kept up with the host of quagmires the Internet presents. Much of the existing discourse centres on the privacy, contractual and consumer rights of Internet and social media users. But what about the tortious liability of Internet service providers and data processors in instances of personal injury?
In stark contrast to the development of the Internet is the development of the law governing it. Could the principles of personal injury torts extend to govern these players as a special category of service providers who owe a duty of care to users and perhaps to third parties? Are Internet service providers, including social media hosts, a special breed of occupier, social host or even manufacturer?
Or are they simply immune from existing tort principles? If a service provider commercializes personal data from its users for financial gain, then there must be sufficient proximity between the user and provider to see the snail in the bottle of ginger beer? While the definition of “premises” under the BC Occupiers Liability Act includes a list of tangible locales, could this non-exhaustive definition extend to govern cyberspace? Commentators have postulated the boundless potential for the Internet to pre-diagnose problems for its users, medical and otherwise. Many suggest an opt-in system whereby users may agree to receive warnings. But is this enough? Rather than accepting the help of the Internet and its crystal ball, should the law impose a positive duty to warn, when Internet service providers know about dangers ahead based on the data that they are already processing for commercial gain? If newfangled cars with more than 100 data collection points can predict the seriousness of injuries after a crash, shouldn’t the processor of that data be obligated to warn and prepare emergency response crews to better the driver’s chances of survival? The answers to these questions are surprisingly un-Googlable. Nor are they addressable in this piece, which merely hopes that the questions posed will inspire future debate. Yun Li-Reilly is a litigation associate at Farris, Vaughan Wills & Murphy LLP and a law lecturer at SFU.
The Law Society of BC and the Canadian Bar Association, BC Branch warmly invite lawyers and judges to attend the 32nd Annual Dinner for the Bench and Bar.
Bench & Bar Dinner Join the Law Society Benchers and the CBABC Executive in paying homage to those who have made outstanding contributions to the cause of justice in BC. The Dinner will feature the presentation of the Law Society Award and the CBABC Georges A. Goyer, QC Memorial Award for Distinguished Service. Tickets are limited. Don't be disappointed; order early. Name: Date:
November 17, 2016
Time:
5:45 pm Reception (cash bar) 6:45 pm Dinner
Place:
Fairmont Waterfront Waterfront Ballroom 900 Canada Place Vancouver
Dress:
Business Attire
Ticket:
$104.76 + GST = $110
cut here
Mail, email, or fax (fax orders require payment by credit card) your ticket order to: Canadian Bar Association, BC Branch – Attention: Events 10th Floor – 845 Cambie St. Vancouver, BC V6B 5T3 Email: events@cbabc.org Tel: 604.646.7855 Fax: 604.669.9601
Firm: Address: City:
Postal Code:
Telephone:
Email:
Guest Name: Food Allergies: Ticket order details QTY Ticket @ $110 =
Method of payment Visa MasterCard Cheque enclosed*
Card holder name: Card no.
Expiry
Signature * Please make cheque payable to Canadian Bar Association, BC Branch
DM1228007 OCTOBER 2016 / BARTALK
21
news&events NEWS
CBA CONNECT for Law Students and Young Lawyers
CBA NATIONAL MAGAZINE
The Pitch: Legal Tech Innovators Take
the Stage at 2016 CBA Legal Conference Probably the first clue that this wasn’t your senior partner’s CBA Legal Conference event was the disco ball and the dance music booming out of the doors at The Pitch, the CBA’s first-ever legal innovation startup competition, hosted with LegalX. Beagle Inc. was the judges’ choice after a fast-paced hour of presentations and questions about the latest in legal technology, winning a two-week residency at LegalX in Toronto. Loom Analytics won the Peoples’ Choice Award, voted on by audience members after the event, winning a prize sponsored by Gowling WLG. All five finalists are guaranteed an interview with the Chinese Angels Mentor Program (CAMP) where, if selected (and pending due diligence), they will receive an equity investment of no less than $200,000. 22
BARTALK / OCTOBER 2016
“In each of the pitches there was something to connect with the audience, whether they were the target audience or not,” said judge Chris Bentley, Executive Director of the Legal Innovation Zone and Law Practice Program at Ryerson University. “There was something they could all use in their practices.” The Friday afternoon event brought together a shortlist of five legal tech innovators, who had seven minutes to present their ideas to a panel of judges: Bentley; Loik Amis, CEO of LexisNexis; Monica Bay, a fellow at Codex, The Stanford Centre for Legal Informatics; Jane Maguire, Executive Search at Shopify and Ottawa co-lead of Ladies Learning Code; and Alan Yang, Vice-President of China Canada Angels Alliance. Read the full article
What began as a promise to young lawyers and law students, CBA Connect is now a commitment to connect these two vital groups with the people, events, knowledge, skills and tools needed for a fulfilling career. These connections are made on your first day of law school and continue right through your Bar exams – from your formative early years in practice, through your entire career as a lawyer. CBA Connect includes Connexions, Connect-Net and Connect-U: Connexions – Matches new young lawyer members with a peer nearby to help you navigate your CBA experience. Connect-Net – A dedicated digital universe where students and lawyers find the relevant CBA information to engage, survive and thrive. Connect-U – A concerted effort on campuses and online to establish a sustained relationship with law students, right from the time of arrival in law school, by offering the services and programs that really make sense to help you achieve your goals. Stay connected with the CBABC for more to come about CBA Connect.
2016/2017 EXECUTIVE COMMITTEE Michael Welsh PRESIDENT Mott Welsh & Associates Penticton
Jennifer Chow PAST PRESIDENT
William (Bill) Veenstra VICE-PRESIDENT
Margaret A. Mereigh SECRETARYTREASURER
Jenkins Marzban Logan LLP Vancouver
Crown CounselCrown Law Division Vancouver
Kenneth Armstrong OFFICER
Denese Caroline Espeut-Post OFFICER
Stewart & Company Vancouver
Avery Law Office Summerland
Sarah L. Klinger OFFICER
Dierk Ullrich OFFICER
Law Office of Sarah L. Klinger Victoria
Fasken Martineau DuMoulin LLP Vancouver
Ainsley M. Reimer YOUNG LAWYERS REP
Department of Justice Canada Vancouver
Whitelaw Twining Law Corporation Vancouver Read more
Audition for the Lawyer Show 2017 Always wanted to sing, dance and act? Here’s your chance! May 3-6, 2017 @ the Waterfront Theatre For more information email lawyershow@carouseltheatre.ca or visit www.carouseltheatre.ca/lawyershow
Audition Dates: Thursday October 20th 7-10 pm Sunday, October 23rd 7-10 pm Carousel Theatre for Young People @ 1411 Cartwright Street OCTOBER 2016 / BARTALK
23
news&events CBABC WLF NEWS
The 2016 Ovarian Cancer Canada Walk of Hope
2016 PRIDE PARADE Photos taken by Christine Owen
For the fourth consecutive year, the CBABC WLF put together a fantastic team of women lawyers to participate in the annual Ovarian Cancer Canada “Walk of Hope,” which took place on September 11 this year. For more information about ovarian cancer and how it can be detected and treated, please visit ovariancanada.org.
Save October 20 for the next WLF book club meeting where we’ll discuss the book “The Trusted Advisor” (Maister, Green and Galford). Charlene Ripley, EVP, General Counsel of Goldcorp Inc. (a big fan and avid follower of the book) will help facilitate our conversation.
CLEBC Update PERSONAL INJURY LAW RESOURCES FROM CLEBC Essential for personal injury and insurance lawyers, the BC Motor Vehicle Accident Claims Practice Manual is the leading guide on bringing or defending a motor vehicle accident claim in BC. Written by prominent members of the plaintiff and defence bars, this comprehensive CLEBC manual includes: practice tips on how
24
BARTALK / OCTOBER 2016
Canada’s Human Rights System: Reform on the Way?
Its budget has been flat for the better part of a decade. Its mandate was trimmed by the federal government, with the axing of s.13 of the Human Rights Act. Its former chair was described as a workplace tyrant, and was accused of spying on and harassing staff. Even so, reforms to the Canadian Human Rights Tribunal won’t be undergoing any major changes soon. The Tribunal, which is mandated to resolve cases passed onto it by the Canadian Human Rights Commission, only renders a handful of decisions per year. Those decisions, however, are not without impact.
Plan to Attend Book Club Meeting
NEWS
CBA NATIONAL MAGAZINE
Read more
to deal with substantive and procedural issues in a motor vehicle accident claim; discussion of all significant BC Supreme Court and Court of Appeal decisions over the past year; examination for discovery checklists; and more than 50 forms and precedents to save you time. This practice manual is available as a print + online package, or as an online-only subscription. All of CLEBC’s online publications are fully searchable and include links to full-text cases and legislation.
Also, if you missed our in-person personal injury law courses early this year, check out the below CLEBC rebroadcasts from your office: December 5, 2016: Damages In Personal Injury 2016 (6 CPD credits) December 6, 2016: Defending Personal Injury 2016 (6 CPD credits) December 12, 2016: Personal Injury Conference (6 CPD credits)
For more information, call CLEBC customer service at 604-893-2121 or visit cle.bc.ca today.
BC LEGISLATIVE UPDATE
ACTS IN FORCE
Current from June 22, 2016 to August 23, 2016 The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org. CIVIL RESOLUTION TRIBUNAL ACT, S.B.C. 2012, C. 25 (BILL 44) Sections 1 to 61, 64 to 66, 79 to 82, 85, 86(1) and (3), 88 to 92, 94 to 109 and 111 and the Schedule are in force July 13, 2016 CIVIL RESOLUTION TRIBUNAL AMENDMENT ACT, 2015, S.B.C. 2015, C. 16 (BILL 19) Specified provisions are in force July 13, 2016. Section 3 as it enacts section 3.6(2)(r.1) and (r.2) of the Civil Resolution Tribunal Act is in force July 28, 2016 EMPLOYMENT AND ASSISTANCE FOR PERSONS WITH DISABILITIES AMENDMENT ACT, 2016, S.B.C. 2016, C. 8 (BILL 3) Act is in force September 1, 2016 ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2004, S.B.C. 2004, C. 18 (BILL 13) Section 3(b) is in force July 19, 2016 FINANCE STATUTES AMENDMENT ACT, 2016, S.B.C. 2016, C. 10 (BILL 14) Sections 3 to 6 and 34 to 50 are in force August 1, 2016 MISCELLANEOUS STATUTES AMENDMENT ACT, 2014, S.B.C. 2014, C. 14 (BILL 17) Section 136 is in force Sept. 1, 2016 MISCELLANEOUS STATUTES (SIGNED STATEMENTS) AMENDMENT ACT, 2016, S.B.C. 2016, C. 4 (BILL 5) Act, except sections 2 to 4, 18 and 34, are in force September 1, 2016 NATURAL GAS DEVELOPMENT STATUTES AMENDMENT ACT, 2014, S.B.C. 2014, C. 10 (BILL 12) Various provisions are in force August 1, 2016 and section 30(a) is in force August 1, 2017 NATURAL GAS DEVELOPMENT STATUTES AMENDMENT ACT, 2015, S.B.C. 2015, C. 40 (BILL 40) Section 57 is in force July 13, 2016. Sections 37 to 43, 45 and 47 to 54 are in force July 28, 2016 STATUTE REVISION ACT, R.S.B.C. 1996, C. 440 Revised Municipal Replotting Act, R.S.B.C. 2016, c. 1 is in force July 20, 2016
BRANCH & BAR
Calendar
OCTOBER
5 CBABC PD In-Person Seminar: In partnership with the Abbotsford & District Bar Association — Abbotsford 6-7 Wills, Estates & Trusts Conference 2016 — Vancouver 18 CBABC PD In-Person Seminar: In partnership with the North Shore Bar Association – Ethics in Action: Practice and Community — North Vancouver
NOVEMBER
17 Bench & Bar Dinner — Vancouver 18 Executive Committee Meeting — Vancouver 23 CBABC PD In-Person Seminar: In partnership with the Surrey Bar Association – Billing Strategies Part II: Handling Fee Disputes and Enforcing Payment — Surrey 25 CBABC PD In-Person Seminar: Presented by the CBABC – The Truth About Lies: The Science of Deception and Self- Deception with Implications for Criminal Justice — Vancouver 30 Federation of Asian Canadian Lawyers BC 5th Annual Gala — Vancouver
2016 Readers Survey Thank you for participating in the 2016 survey. The winner of the iPad Mini is Michelle Randall, Henley & Walden LLP
OCTOBER 2016 / BARTALK
25
news&events TIPS FROM
Historical legal research can be intimidating. But rediscovering knowledge lost in old statute volumes can also elevate insight. Take vulnerable road users under the BC Motor Vehicle Act for instance. Notwithstanding that injured pedestrians or cyclists are often impaired in their ability to recall accident details, they carry the same onus to prove negligence as any other plaintiff. Counsel may lament this, but it is and has always been the status quo, right? To propose otherwise would be radical... or would it? David Hay, QC, is a vocal proponent for reverse onus. Ontario has such a clause, but in BC the notion that a driver must rebut negligence in a claim by a cyclist is strange, even political. As Hay led deeper research, however, he discovered that BC, in fact, was the anomaly in Canada. With the exception of New Brunswick, every other province had a reverse onus provision protecting vulnerable road users at one point. Access to old provincial statutes made this revelation possible. Since September, HeinOnline has featured a complete collection of annual, sessional and revised statutes for Alberta, British Columbia, Manitoba, Nova Scotia and Ontario. It’s free and online for BC lawyers through the Lawyers’ Reading Room.
BC’s LEGAL HISTORY
by Hamar Foster, QC
LOOKING BACK II: MUTINY ON THE BEAVER BC’s legal history is rife with labour turmoil. Almost from the moment the first boatload of Scottish miners arrived in 1850 to help the Hudson’s Bay Company exploit the new colony’s coal deposits at Fort Rupert, relations were troubled. And in those days the law was weighted heavily in favour of employers: a worker had to sue his employer for breach of contract, whereas the employer – who was also often the magistrate – could have a defaulting worker charged and jailed. Such contracts were often “entire” contracts, meaning that the term of employment had to be completed before any wages were paid. So if a worker breached the contract he could receive nothing – even if the breach occurred (for example) 18 months into a two year term. But BC’s tumultuous labour law history began even before the colonial period. Probably the first “job action” was during the fur trade era, when the crew of the HBC paddle wheeler Beaver downed tools in January of 1838. Captain William McNeill’s first resort was to “Club law” – what one clerk in 1851 described as the usual method of “knocking down a man and giving him what is called a pounding.” But the strike only spread, and by the time the whole business was over, there had been floggings, confinement in irons and a challenge to McNeill’s eligibility to command under the Navigation Act – even though there were no courts. A number of men were sent out of the fur country without pay. This all took more than a year. As Douglas put it, he decided on leaving the men who refused to go back to work “to be dealt with through the slow process of the law, as being in the end more severe than a summary infliction,” i.e., a beating administered on the spot. Of course, that was 1838. No one could accuse the legal process of being slow and severe today. Further reading:
“Mutiny on the Beaver: Law and Authority in the Fur Trade Navy,” in Vol. 20, No.1 of the Manitoba Law Journal (1991) @15-45
26
BARTALK / OCTOBER 2016
announcements LAW FOUNDATION LAW FOUNDATIONOF OFBRITISH BRITISH COLUMBIA COLUMBIA
Elder Law Services Funded by the Law Foundation of BC The Law Foundation of British Columbia is proud to fund organizations that provide legal services to seniors across the province. Since 2001, the Law Foundation has funded the BC Centre for Elder Advocacy and Support (BCCEAS) to provide legal representation to older adults who, because of financial circumstances, have limited or no access to the assistance of a lawyer or advocate. BCCEAS’ lawyers assist qualifying seniors by providing legal information, helping them negotiate the legal process, and by representing them in court. This year, in appreciation of a growing need, BCCEAS has greatly expanded the range of services offered by its Elder Law Clinic. As of summer 2016, BCCEAS’ staff lawyers Gordon Marshall, Kevin Smith and Executive Director/staff lawyer Martha Jane Lewis will now assist in the preparation of wills, powers of attorney, and representation agreements. BCCEAS’ legal advocate Nighat Asfar also provides advocacy assistance in matters of residential tenancy, pension entitlement and appeals, assisted living and residential care, and consumer transactions. The Elder Law Clinic offers 30-minute legal consultations at monthly clinics held at community service providers in North Vancouver, Vancouver, Burnaby, New Westminster, and Surrey. See the BCCEAS website for more information. In addition to BCCEAS’ services, Access Pro Bono’s Wills Clinic has provided seniors and endof-life clients with wills and other life planning documents for the past four years. The Wills Clinic takes place every Wednesday at the Justice Access Centre at the
Provincial Courthouse in downtown Vancouver. The Wills Clinic typically services eight to 12 clients each month, and aims to have a document prepared within three weeks of the initial client interview. For further information about the Wills Clinic, or to book an appointment, contact the Wills Clinic at 604-424-9600 or email willsclinic@accessprobono.ca. Lawyers interested in volunteering their services can register on the APB website or by using this link. In 2016, the Law Foundation will be funding two projects in the area of elder law: The Canadian Centre for Elder Law, in collaboration with the Alzheimer’s Society, will be undertaking a one-year project on consent to treatment, aging and dementia. Older people living with dementia are a vulnerable, growing subset of BC’s population and the use of prescription medication to manage symptoms of dementia raises legal issues related to health law, substitute-decision making legislation, workplace safety and human rights. The project will involve legal research and consultation, and will culminate in a report identifying areas for law and practice reform and at least one plain language educational resource on health care consent rights. Follow bcli.org and @CCElderLaw for updates. The Law Foundation has also funded the Nidus Personal Planning Resource Centre and Registry to produce public legal education materials outlining the ways to end statutory property guardianship and about Section 7 Representation Agreements as a legal alternative to adult guardianship. Nidus is a resource centre that provides public information on Representation Agreements and other personal planning tools. Nidus also operates the Personal Planning Registry, an online service for secure storage of important information and documents. See the Nidus website for more information.
Graduate Fellowships The Law Foundation will issue up to four graduate fellowship awards of $15,000 for the 20172018 academic year. Applicants must either be graduates of a British Columbia law school; members of the British Columbia Bar, students in graduate programs at UBC or University of Victoria (except one to earn an equivalency to practise law in Canada); or, residents of British Columbia. In order to be eligible, applicants must devote themselves primarily to their full-time graduate studies in law or a law-related area. Applications will be assessed by the Fellowships and Research Committee composed of a minimum of three Governors of the Law Foundation and one representative from each of the law faculties of Thompson Rivers University, the University of Victoria and the University of British Columbia. In assessing applications, the Committee will consider not only a candidate’s academic achievements but the likelihood of furtherance of the objectives of the Law Foundation and the possible benefits to the public of British Columbia from making an award to a candidate. All applications and supporting material must be received at the Law Foundation offices by January 6, 2017. For more information about the Fellowships and the application process please refer to the Law Foundation website at lawfoundationbc.org (under Funding Available/ Graduate Fellowships).
OCTOBER 2016 / BARTALK
27
professionaldevelopment
WEBSITE: CBAPD.ORG \\EMAIL: PD@CBABC.ORG \\
CBABC Professional Development courses are designed to meet the needs of lawyers while still maintaining the opportunity to network, advance one’s career, practice and business. We pride ourselves on bringing courses to lawyers that will provide the required professional responsibility and ethics, client care and relations, and practice management components for 2016 Law Society reporting.
Upcoming In-person Seminars Ethics in Action: Practice and Community
What would you do if it was YOU? Explore Ethics in Action – cases that could impact your practice and beyond. Join us to explore the subject of ethics in engaging way. Our speakers will identify relevant ethical codes and conducts, put ethics into action by working together on realistic case studies and highlight emerging ethical problems. IN PARTNERSHIP WITH THE ABBOTSFORD & DISTRICT BAR ASSOCIATION
Date: October 5, 2016 Location: Phoenix Ballroom, Abbotsford Speakers: Michael Welsh, CBABC President; speaker (to be announced)
Join our speakers for another interactive and informative session designed to give lawyers an understanding of the remedies available to them and of the procedures used in resolving remuneration disputes. Topics will include liens and charging orders, reviews of bills, examinations of agreements, civil actions and fee mediations. These are subjects about which every lawyer should have at least a general understanding, and participation in last year’s seminar is not a prerequisite to attending to gain that valuable knowledge. Date: November 23, 2016 Location: Eaglequest Coyote Creek Golf Course, Surrey Speakers: Greg T. Palm, Hamilton Duncan; Kathryn Sainty, QC, Sainty Law
IN PARTNERSHIP WITH THE NORTH SHORE BAR ASSOCIATION
PRESENTED BY THE CANADIAN BAR ASSOCIATION BC BRANCH
The Truth About Lies: The Science of Deception and Self-Deception with Implications for Criminal Justice
This interactive seminar will include lecture, practice, and analyses of real-world videotaped examples of highly motivated liars. This training is both entertaining and informative, and will serve as a practical guide to enhance participants’ ability to assess truthfulness and develop knowledge in issues of credibility and reliability more generally. Date: November 25, 2016 Location: Best Western Plus Chateau Granville, Vancouver Speaker: Dr. Stephen Porter, Centre for the Advancement of Psychological Science and law (CAPSL), UBC
Date: October 18, 2016 Location: Lonsdale Quay Hotel, North Vancouver Speakers: Lisa Hamilton, Vancouver Bencher of the Law Society of BC; Michael Welsh, CBABC President
Upcoming Webinars
IN PARTNERSHIP WITH THE SURREY BAR ASSOCIATION
Date: November 2, 2016 Speakers: Kari D. Boyle; Meghan Maddigan, Law Society of BC (more speakers to be announced)
Billing Strategies Part II: Handling Fee Disputes and Enforcing Payment
(Save the Date)
Part 2 of Unbundling Demystified: Practical Tips from Lawyers Using It
Four Hours of Complimentary PD All CBABC members receive complimentary access to special PD modules that fulfill the Law Society of British Columbia’s ethics/practice management requirement. E-Learning Open
28
Ethics Modules 1 & 2 (2 CPD hours)
Discussions on Current Topics with the Three Chiefs (2 CPD hours)
BARTALK / OCTOBER 2016
displayads
EMAIL: ADS@CBABC.ORG \\
Click here for LEGAL OPPORTUNITIES and ads
• US citizens in Canada • Cross-border business • Investing in the US • US tax return preparation
US AND CROSS-BORDER TAX IS OUR BUSINESS.
Sidhartha Rao JD, LLM Warren Dueck FCPA, FCA, CPA (WA) Lori Lui CPA, CGA Steven Flynn CPA, CA, CPA (WA) Candace Doig CPA, CA, CPA (IL)
VANCOUVER • RICHMOND • CALGARY • EDMONTON
T: 604.448.0200 • Toll Free: 1.855.448.0200 • wldtax.com
LET US HELP YOU WITH YOURS.
WCB & CPP
DISABILITY APPEALS
GC 390 Howard Ave. Burnaby, B.C. V5B 3P8 Canada
604.591.8187
Preferred Supplier of:
info@gosalandcompany.com www.gosalandcompany.com
l
www.progroupbc.ca
GC
GOSAL & COMPANY BARRISTERS & SOLICITORS
Sarj Gosal B.A., LL.B.
254 - 12899 76th Ave. Surrey, BC V3W 1E6
Not everything makes sense. Fortunately, hiring us does. A L L O F O U R R E S E A R C H L AW Y E R S H AV E C O M P L E T E D C L E R K S H I P S A L L H A V E P R A C T I C E D A S L I T I G AT O R S AT M A J O R F I R M S FA C TA , P L E A D I N G S , M E M O R A N D A , L E G A L S T R AT E G Y
op www.onpointlaw.com
ONPOINT
LEGAL RESEARCH
604.879.4280
Lawyers helping lawyers for over 15 years
info@onpointlaw.com OCTOBER 2016 / BARTALK
29
barmoves SPACE IS AT A PREMIUM AND AVAILABLE ON A FIRST-COME FIRST-SERVED BASIS SO SEND YOUR BAR MOVE (MAX. 30 WORDS) AND A HIGH-RESOLUTION PHOTO TO BARTALK@CBABC.ORG NOW.
Who’s Moving Where and When
TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1610.
Kelsey Rose
Samantha Stepney
joined Harper Grey LLP as an associate with their Commercial Litigation, Health and Insurance Law groups upon completion of her articles with the firm and call to the BC and Ontario Bars in early 2016.
joined Kent Employment Law in Vancouver, where she advises both employers and employees on a variety of employment law and human rights issues.
Jackson Doyle
Christa Korens
joined Harper Grey LLP, upon completing his articles with the firm, as an associate with their Commercial Litigation, Construction & Engineering and Health Law groups.
joins Branch MacMaster LLP, practising primarily in the areas of health law and insurance litigation.
Dionne Liu
Ruby Egit
joined Harper Grey LLP as an associate with the Health and Insurance Law groups. Dionne articled with Harper Grey and was called to the BC Bar in 2016.
joins Branch MacMaster LLP, practising primarily in the areas of insurance litigation and health law.
Help create a better future for everyone touched by cancer.
When your client remembers the BC Cancer Foundation in their will, they’ll be supporting world-renowned research in BC that is shaping the future of cancer care. Please be sure to use the full legal name of our organization: BC Cancer Foundation Registration Number: 11881 8434 RR0001 For more information, please contact 604.877.6040 or legacy@bccancer.bc.ca. 1.888.906.2873 I www.bccancerfoundation.com
30
BARTALK / OCTOBER 2016
newmembers July & August 2016 Lawyers Kayla B. Baldwin Department of Justice Vancouver Michele Charles Department of Justice Vancouver Jude Chow ICBC-Claims Legal Services Department New Westminster Elizabeth Cordonier Whitelaw Twining Law Corporation Vancouver Marc Dumais Blake, Cassels & Graydon LLP Vancouver Ruby Egit Branch MacMaster LLP Vancouver Jaron E. Fergusson Metro Vancouver Burnaby Menachem Freedman Moore Edgar Lyster Vancouver Inderdeep S. Gill Westpoint Law Group Vancouver
Edward Harrison Dentons Canada LLP Vancouver Amandeep Kahlon MacLean Law Vancouver Mustafa Mohamedali MacLean Law Vancouver Elizabeth Nijjar Surrey Evie (Yvette) Sheppard Vancouver Trevor Simpson Blake, Cassels & Graydon LLP Vancouver Kanwardeep S. Sukhija KS Lawyers Surrey Tariq Teja Hira Rowan LLP Vancouver Emma C. Thomas Jones Emery Hargreaves Swan Victoria Matthew Weaver Blake, Cassels & Graydon LLP Vancouver
Articling Students
Alexander Chau Richmond
Alexander Mac M. Green Vancouver Leah C. Matthews Vancouver Angela Yousofi Miller Thomson LLP Vancouver
Chong Ke Richmond Charlotte C. Leung Vancouver Laura MacDonald Victoria Raya D.J. MacKenzie Victoria Roderick McLennan North Vancouver
Law Students Jason Edward Ankeny Chilliwack
Derrick J. Murphy Vancouver Ravneet K. Sanghera Surrey
Kristyn Baim Vancouver
Milena Scekic Burnaby
Amarit Paul Bains Delta
Xhavin Sinha Santa Clara
Aidan J.R. Bell Vancouver
Keegan M. Soles Vancouver
Marina Bosnjak Burnaby
Danica J. Vance Grimard Coquitlam
Megan Chambers Victoria
Aliya S. Virani Point Roberts
CBA NATIONAL BLOG
Cast in the Perfect Role: Working In-House for Uber
Jeremy Millard grew up in the theatre, soaking in the energy, creativity and performances of his parents and grandparents. It was magical, super cool, says the Toronto native. And while he didn’t follow the family
career path, today he’s on a large stage himself – acting as Uber’s Legal Director for Canada. Like the entertainment industry, Uber has its critics. But the company’s mobile app has plenty of fans, with people in more than 400 cities worldwide using the ride-sharing service. “Internally, we know it’s a novel product,” says Millard. “You won’t find many people who aren’t thrilled with the product and experience. That’s a great thing here for staff, or for any company you are working at.”
Millard joined Uber in July 2015 as its first lawyer in Canada. His role is to advise the San Francisco-based company on matters here and shape a domestic legal approach. The immediate overall goal, he says, is to encourage cities and provinces to enact smart regulations for ridesharing. Regulations that ensure consumer protection and safety while letting an “innovative new service” grow.
Read more
OCTOBER 2016 / BARTALK
31
RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3