AI INVADES THE LEGAL SPHERE | ROBOTICS AND LAW ENFORCEMENT
APR IL 2018 | bartalkonline.org
Technology and the Law
news BARTALK EDITOR
Deborah Carfrae EDITORIAL BOARD CHAIR
SAVE THE DATE:
EDITORIAL BOARD MEMBERS
Friday, June 22, 2018
BARTALK SENIOR EDITOR
Aboriginal Lawyers Forum 7th Annual Retreat & 11th National Aboriginal Day Auction Reception
Kirsten McGhee
Tina Dion, QC Brandon Hastings Eryn Jackson Kuldip Johal Kevin Kitson Lisa Picotte-Li Donna Turko, QC Sean Vanderfluit
for the
Carolyn Lefebvre
STAFF CONTRIBUTORS
Travis Dudfield Kent Hurl Christopher LaPrairie Michelle May Sanjit Purewal Stuart Rennie Jennifer Weber Judy Yen
12:00 p.m. - 9:00 p.m. Westin Wall Centre, Vancouver Airport 3099 Corvette Way, Richmond
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 2018. 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 nearly 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
2
BARTALK / APRIL 2018
Retreat: Make a Difference – Be the Difference At our retreat this year, we will hear from and engage with Indigenous lawyers about practice areas and legal issues affecting Indigenous children, youth and adults with a view of making a difference in family and criminal legal systems respecting them. The keynote dinner speaker will be Mr. Justice Marchand.
NAD Reception: The ALF auction reception is the celebratory part of the National Aboriginal Day event. ALF is proud to have established a tradition at the reception of showcasing Indigenous talent. Mi’kmaw comedian, activist and motivational speaker Candy Palmater was our guest for our 10th anniversary event. Who will be it be this year? Everyone is welcome to join us to find out!
Write Us Send your Letter to the Editor to: Deborah Carfrae – BarTalk Editor bartalk@cbabc.org
Membership Enquiries members@cbabc.org
Advertising Opportunities
Info Changes
ads@cbabc.org
data@cbabc.org
APRIL 2018
VOLUME 30 / NUMBER 2
Contents
Departments
4
FROM THE PRESIDENT A Crash Course in ICBC Caps by Bill Veenstra
5
EXECUTIVE DIRECTOR Keeping on Top of Employment Trends by Caroline Nevin
6
PRACTICE TALK AI Invades the Legal Sphere by David J. Bilinsky
7
DAVE’S TECH TIPS
8
NOTHING OFFICIAL All Thy Sons (and Daughters) Command by Tony Wilson, QC
12 INDIGENOUS MATTERS Reconciliation Through Technology by Geordie Hungerford
Sections
10
SECTION UPDATE Criminal Justice – Nanaimo Business Law and Securities Law Immigration Law General Practice – Lower Mainland
9
TECHNOLOGY TO MEET CLIENTS’ CHANGING NEEDS by Laura Atkinson
Features
14 TECHNOLOGY TO SUPPORT INDIGENOUS GOVERNANCE by Francine Rattray 15 ROBOTICS AND LAW ENFORCEMENT by Henry Waldock 18 WHAT IS THE SOLUTION EXPLORER? by Shannon Salter 19 TECHNOLOGY AND ALTERNATIVE WORK ARRANGEMENTS by Sara Forte and Janine F. Jones 20 TEACHING TOMORROW’S LAWYERS by Katie Sykes 21 DISCOVER DATA, NOT DOCUMENTS by Chilwin Cheng
Inside This Issue We’ve all heard it before: we must adapt our practices and adopt new technologies to better serve our clients if we want to ensure our continued relevance as a profession. And with the advent of artificial intelligence programs purporting to replace legal advice from lawyers, the time is now. This month we delve into this issue to explore the use of technology in our practices, and in the community, and laws around that use, for example in the realm of robotics in policing.
News and Events
2 ALF 7th Annual Retreat & 11th National Aboriginal Day Auction Reception 13 Supreme Court Exercises Its Parens Patriae Jurisdiction Over Indigenous Newborn by Frances Rosner 22 CBABC WLF News Call for Nominations CLEBC Update 23 BC Legislative Update Branch & Bar Calendar The Competition Bureau Initiates Discussion on Big Data 24 Is Arbitration the Best Way to Resolve Blockchain-Based Disputes? Tips from Courthouse Libraries BC 25 Law Week 2018 26 The Pitch – May 1, 2018
Also In This Issue
16 26 28 29 32 33
MEMBER SAVINGS LAW FOUNDATION OF BRITISH COLUMBIA PROFESSIONAL DEVELOPMENT DISPLAY ADS BAR MOVES NEW MEMBERS
Click here for LEGAL OPPORTUNITIES and ads APRIL 2018 / BARTALK
3
FROM THE PRESIDENT BILL VEENSTRA
A Crash Course in ICBC Caps
CBABC responds to “product changes”
A
s CBABC President, I learn about many different areas of practice of CBA members around the province. I certainly did not expect, however, to get such an in-depth education (a “crash course”) into the economics of ICBC and compensation for motor vehicle accident injuries. But recent government announcements have made that a necessity. Reading through ICBC’s consultant reports and background information, I have had to work through language like “product change” – which is the euphemism that has been developed for minor injury caps. The CBA has long considered the right of an individual to recover general damages from the wrongdoer in motor vehicle accident (“MVA”) cases to be a vital hallmark of our system of justice. Minor injury caps are not a change to the insurance policy – they are a stripping of civil rights that have been in place for generations. This is much more than a product change. I remain confused as to the justification for caps. We are told that the average current payout for pain and suffering on “minor” injury cases (which are not defined in the reports) is $16,500. A $5,500 cap will save $11,000 on average per claim. We are told these caps will save $1 billion per year. By my calculation, we will need to realize that savings 90,909 times over to reach the billion-dollar mark. But as I read the reports, there were either 45,0001 or 72,7352 bodily injury claims in total in 2016. The numbers don’t seem to add up. The expansion of Part VII benefits is a welcome change – something the CBABC has been advocating for. The government suggests that those benefits can only be paid for through savings realized as a result of the minor injury cap. In fact, the net cost to ICBC of expanded Part VII benefits should be minimal. Innocent MVA victims already receive full reimbursement of medical costs through their tort claims – albeit at a later date. It is only those at fault whose entitlement will increase.
4
BARTALK / APRIL 2018
As well, injured persons are more likely to take full advantage of available medical treatment where they are not required to pay up front and seek reimbursement at a later date – this should facilitate speedier recovery and reduce tort claims as well. By paying directly, ICBC should also be able to leverage its bulk buying power to negotiate special rates – again reducing costs. Changes to Part VII benefits should stand on their own as an important improvement to ICBC’s dealings with those injured in motor vehicle accidents. The media campaign in support of minor injury caps emphasizes the need to reduce legal costs. However, there is no effort to tackle legal costs head-on. Rather, the caps are aimed at reducing the rights of victims of motor vehicle accidents to obtain compensation – with the hope that legal costs will be proportionately affected. There is much that can be done to streamline the system – and, in particular, the number of expensive medical reports and
independent medical examination’s that makes up one of the largest elements of “legal costs.” It is not clear why these issues are not tackled directly as a starting point, rather than indirectly through limits on the rights of victims. Finally, I am surprised that so little attention has been given to the government services provided by ICBC at the expense of policy-holders. ICBC spends about $70 million per year to run Driver Licensing and Testing services. In the course of that work, it collects driver license and vehicle registration fees as well as provincial sales tax on vehicle transfers – all of these monies are remitted directly to the provincial government in full. The major cause of ICBC’s increasing costs is clearly poor driving – and, in particular, distracted driving. It is good to see the government moving on some of these areas – both through strong enforcement and through the recently announced consultation – open until April 5 – on ICBC’s rate structure. I acknowledge the assistance of our CBABC Automobile Insurance Committee, consisting of both plaintiff and defence counsel experienced in motor vehicle cases, who are helping develop CBABC’s advocacy in this important area. The CBABC will continue its dialogue with the government in the months to come. 1
E&Y report p. 72 |
2
PWC report p. 29
Bill Veenstra
president@cbabc.org
EXECUTIVE DIRECTOR CAROLINE NEVIN
Keeping on Top of Employment Trends Two essential CBA surveys that help
O
ne of the great things about technology is that it allows for easy gathering of large quantities of information through surveys. The CBA looks at every opportunity available to bring the best information and analysis to our members, because we know that in a world where information is widely available, analysis and insight are what make the difference. We know that lawyers expect their CBA membership to give them an edge in staying on top of new trends, and we continuously invest in delivering. For many years, CBABC has partnered with the BC Legal Management Association and Western Management Consultants to produce the only survey of its kind in BC – an amazing compendium of data about what law firms pay ALL of their support staff positions, including bonuses; benefits offerings; articling and summer student compensation; chargeout rates
for lawyers, paralegals and legal assistants; and billing targets for paralegals in various practice areas. There’s nothing else like it, and we make sure our members directly benefit from this valuable information. Staying on top of what’s happening in the marketplace is essential for staying competitive as an employer. Click here to order the Support Staff Compensation and Charge-Out Surveys. The second important survey that the CBA partners on is The Counsel Network/Canadian Corporate Counsel Association In-House Counsel Compensation & Career Survey. If you are in-house counsel, or managing an in-house or private sector law firm, this may honestly be the most important document you read this year. The first thing you need to know is that the in-house counsel sector is growing faster than any other right now, which means that legal departments are the employer of choice for more lawyers than ever before.
The average private sector tenure of a new inhouse counsel is now 3.2 years, an amazing decrease from 4.9 years only six years ago. This means the competition for young associates is more intense than ever.
The CBA looks at every opportunity available to bring the best information and analysis to our members. One of the big insights in this survey is its advice for private sector firms who want to hang on to their associates and seriously compete with an attractive in-house counsel competitor. While compensation is by far and away the most important factor in considering a move, your lawyers are more likely to discount that salary difference if you have a good corporate culture. A 20% increase in salary is a highly likely departure, but if you have a good culture and there’s only
a 10% difference in salary, a lawyer is more likely to stay. Pay attention. BC is finally at the average national salary for in-house counsel at $163K. Ontario and Alberta still remain ahead of us, but every other province is below. The average salary for a Legal Counsel position in BC is $126K and the base salary for a General Counsel executive position is $229.5K. The biggest national change is in bonuses. Only two years ago, just 60% of respondents reported receiving them; in 2018, it’s jumped to 83%. Gender remains a significant, undeniable factor in career compensation. Women are paid less at every job level, with the male average salary set at $173K compared to $154K for females. The difference is especially apparent at the higher levels, where 26% of men earn $200K or more, compared to 15% of women. On the (slightly) good news front, the average salary gap for women has decreased from 15% to 11% overall. In 2018, after years of more women entering the profession than men, this continued disparity seems bizarre. (Note: If you are or know of an employer who is working to eliminate that gap, I look forward to hearing and sharing that story!)
Caroline Nevin
cnevin@cbabc.org APRIL 2018 / BARTALK
5
practicetalk DAVID J. BILINSKY
AI Invades the Legal Sphere
Lawyers are headed for some terrible thrills r
Science fiction double feature – Doctor X will build a creature See androids fighting Brad and Janet – Anne Francis stars in Forbidden Planet Wo oh oh oh oh oh – At the late night, double feature, picture show...r – Music and Lyrics by Richard O’Brien, from The Rocky Horror Picture Show
T
here was a time – not long ago – when the application of artificial intelligence (“AI”) to the practice of law was considered, well, science fiction. However, AI is no longer seated in the back row – it seems worlds have collided. The future of legal contract review is now and has been created in the lab, not by lawyers but by engineers and mathematicians (at least in part). Legal contract review (“LCR”) incorporates and is dependent on several aspects of AI. Machine learning, one such aspect, evolved from pattern recognition by the construction of algorithms that can learn from and make predictions on data (Wikipedia), and is closely related to computational statistics. When the data set comprises a collection of legal contracts, LCR sorts documents, finds key provisions and spots critical provisions. How effective is it? “A study of Diligen (a LCR platform – editor) customers over a 12-month period revealed that the platform increases the accuracy of contract analysis by 80% compared to a lawyer manually reviewing contracts alone.” (The Impact of Artificial Intelligence on Law Firms). Another aspect of LCR is natural language processing (“NLP”). NLP is also built on machine learning algorithms and is based on statistical models that increasingly rely on deep learning techniques. Lest you think that statistical models are a
6
BARTALK / APRIL 2018
far cry from real human word analysis, according to Wikipedia, deep neural networks have produced results in NLP and other fields “comparable to and in some cases, superior to human experts.” NLP has been around since the early 2000s. It uses deep learning to translate an atomic word into a mathematical positional representation of the word relative to other words represented as a point in a vector space. All clear? Want to see it at work? Google Translate uses NLP to “translate whole sentences at a time, rather than pieces.” It learns from millions of examples and “encodes the semantics of the sentence rather than simply memorizing phraseto-phrase translations.” Bit of an improvement over the old English to Italian translation books, eh? Another application is the speech recognition that we are seeing pop up in so many contexts on the web and incorporated into human-machine
interface devices today (Apple’s Siri uses Nuance’s speech recognition engine – the same one that was developed for, and which lawyers now use in Dragon Dictate). You can glimpse signs that AI is changing things. iManage (the document management platform used by many large and medium law firms) in May 2017 acquired RAVN Systems, an artificial intelligence platform that allows users to organize, discover and summarize documents. Blue Hill Research published a Benchmark Report in January 2017 to evaluate ROSS Intelligence and AI in legal research (a closely aligned area of AI to contract review). ROSS is an advanced NLP legal research tool built on IBM’s Watson AI cognitive computing platform. It can produce legal memoranda and monitor the law on specified legal issues in the areas of Bankruptcy Law, Intellectual Property and Labour & Employment (US law only, at this point). Continued on page 7 >>> 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 (presently on leave). Email: daveb@thoughtfullaw.com Blog: thoughtfullaw.com GO ONLINE FOR MORE INFORMATION
dave’s techtips One tenet of law practice is to “follow the money.” There is no shortage of startups willing to put down money and bet on the future of AI in legal contract review. One commonality? They all seemingly claim to be the leading, or best, platform in AI. Here’s a selection:
uuu LEGAL ROBOT (legalrobot.com)
While Legal Robot, based in San Francisco, hopes to put bad lawyers out of business, they do state that legal language can be difficult for mere mortals to read and understand. Their sense of humour aside, their contract analytics product uses AI and legal ontologies to build the conditional reasoning structures and probabilistic properties they needed to capture the complexity of contract language. They state that they assist in finding problems with legal documents and allow a company to securely collaborate with their legal team.
uuu LAW GEEX
uuu DILIGEN
(lawgeex.com)
(diligensoftware.com)
Law Geex, based in New York City and Tel Aviv, is an AI engine that analyzes contracts according to a company’s pre-defined legal policies. Contracts that don’t align with these policies are then selected for guided editing and approval and can be edited directly within Law Geex. It is primarily aimed at corporations that seek to do their contract review in-house.
Diligen is based in Toronto. It combines contract review and project management in one platform. You add your team to the extranet, upload your documents and start seeing key provisions automatically. From there, you can assign a reviewer and track their progress and generate contract summaries. Diligen’s machine learning has been mentioned in the Canadian Corporate Counsel Association magazine.
uuu LUMINANCE (luminance.com)
Luminance, based in the UK, Chicago and Singapore, has been developed using “breakthroughs in machine learning arising from the University of Cambridge.” Proprietary machine learning algorithms “sort, cluster and classify thousands of contracts,” detecting anomalies, missing pages or clauses, and additional and unusually worded clauses. Interestingly, it is language-agnostic. It displays results in a visual dashboard identifying languages, currencies, locations, governing laws and more. Learning from every project and contract it encounters, it tags key clauses and more.
© 2018 David J. Bilinsky
Continued from page 6
Blue Hill found that the ROSS AI tool provided a significant, additive contribution to the effectiveness of legal researchers, resulting in a reduction between 22.3% and 30.3% in research time compared to groups using
solely Boolean or natural language searches. Users also reported higher levels of confidence and satisfaction in results using the ROSS tool. It seems that Doctor X has built a creature that is transforming the
legal landscape, one artificial bit of intelligence at a time. It is allowing lawyers “to analyze legal issues and make connections that would otherwise be invisible.” Talk about science fiction – here is the invisible man! APRIL 2018 / BARTALK
7
nothingofficial TONY WILSON, QC
All Thy Sons (and Daughters) Command O Canada’s new words
I
have this terrible problem with change. My wife and I have owned a timeshare at Club Intrawest since 2007. I like owning there because it forces us to go on holidays and we don’t have to worry about the trials and tribulations of recreational real estate ownership. We’ve used our points to travel to Zihuatanejo, Palm Desert and Whistler. But a couple of years ago, it was decided that the Club had to change its name and “rebrand.” A survey was sent out to solicit input from timeshare owners and it asked for ideas for the “new name.” Being a changeresistant curmudgeon, my first choice was Club Intrawest. My second choice was Club Intrawest. And my third choice was Club Intrawest. My advice was not taken, and Club Intrawest was rebranded as “Embarc” against my wishes (and the wishes of most of the other owners). So, in protest, I never call it “Embarc.” I don’t like the change and I refuse to acknowledge it. Consider it a combination of laziness, old age, nonviolent resistance and free speech. A few years ago, my old alma mater decided to rebrand and change its official name from “University of Western Ontario” to “Western University.” When I was there in the 1970s, everyone called it “Western” in normal conversation, (sort of like “Tony”) but its official name was always the “University of Western Ontario” (sort of like “Anthony”). These days, I grimace every time I hear “Western University.” So, in protest, I refuse to acknowledge the new name and always make a point of calling it the University of Western Ontario. Because I don’t like change, my intransigence is a combination of laziness, old age, nonviolent resistance and free speech. That brings me to yet another change. I think, for the second or third time in my life, the official words to “O Canada” have changed. The second line of the anthem’s English version was
8
BARTALK / APRIL 2018
changed in January to “in all of us command” from “in all thy sons’ command” to make our anthem more inclusive and gender neutral. My first impression was that this was an exercise in political correctness and I’d simply ignore the change, like I’ve ignored Club Intrawest’s new brand and the newly minted “Western University,” and sing O Canada the way I learned it in 1964. But when I looked deeper into the history of “O Canada,” I realized the 1908 words were the inclusive and gender neutral “thou dost in us command.” They were changed to “all thy sons command” not for grammatical reasons, but for political ones. They were changed at the start of the First World War to inspire wartime patriotism when Canadian “sons” were sent off to fight the Kaiser as part of the British Empire. A little more homework revealed the 1914 change was a
subtle exercise in wartime propaganda and 1914-political correctness, instigated at a time when women were neither soldiers, nor voters nor persons, (but who still made up 50% of the population). I considered the position of those opposed to the change, particularly the homeworkchallenged scandalmongers at Ontario Proud, who were outraged by the change to our anthem and who claimed the words “all thy sons command” were a part of Canada’s “sacred history,” somehow forgetting that Canada is composed of sons AND daughters, and ignoring the fact that women have been part of our armed forces for generations. Some have died serving Canada. So, despite my problem with change, I know what side of history I’d rather be on, and it’s not the side that doesn’t do their homework. It’s the side of change. I’m going to embrace the new words to “O Canada” for my daughter, my wife, my late mother, my late grandmothers and all those other Canadians who aren’t anyone’s sons. I’m going to embrace the new words because inclusiveness is the zeitgeist of our era. It’s not 1914 anymore. Tony Wilson, QC is a franchise lawyer at Boughton in Vancouver and a Bencher of the Law Society. The views expressed herein are strictly those of Tony and do not reflect the opinions of the Law Society, CBABC, or their respective members.
feature LAURA ATKINSON
Technology to Meet Clients’ Changing Needs
How technology can make practice easier
Y
ou have probably heard it before, there are a staggering number of self-represented litigants in British Columbia. In 2011, 57% of hearings held under the British Columbia Family Relations Act in Provincial Court included one or both self-represented litigants. The same trend is happening in civil courts.1 This begs the question – why, as lawyers, are we willing to forgo assisting 57% of (potential) clients? Is there a way we can adapt our practice model so that these individuals are not having to go it alone? One option to assist is through unbundling legal services. Unbundling services entails doing a set amount of work for a fixed fee, and can be a middle ground between a person having no assistance and full representation. Statistics show that while many people may not be able to afford full representation, they can afford some legal services. For a lawyer who is considering moving to unbundled services it is likely to result in more smaller files. With more small files, the volume of work requires efficiency in providing the services. The good news is that technology can help. The even better news is that the same technology which makes it easier to assist clients, also makes practioners’ lives easier.
DO YOU ALREADY HAVE THE TECHNOLOGY?
Consider whether you already have the technology and may simply not be using it to its full extent. For example, if you are repeating the same or similar information on a regular basis you can automate it in Microsoft Word. In Word you can save phrases and portions of documents as a Quick Parts or you can set up sentences that Word automatically completes after typing only a few characters. To try this feature, go to “Help” in Word and ask for help to “automatically insert text.” HAS TECHNOLOGY ALREADY SOLVED THE PROBLEM?
If there is an area of your practice that can be streamlined, it is worth
Consider whether you already have the technology and may simply not be using it to it’s full extent. checking to see if someone has already solved that problem with technology. There are tools for everything, whether it’s document automation, remote receptionists, scheduling assistance, systems development, email management or search engine optimization.
For example, is intake labour intensive? You could have the information from the intake form automatically populate into your file management system. Platforms like Lexicata integrate with Clio and Outlook. Integration makes it possible for a client to do their intake form online and have the information go directly into your practice management system where it can be used to generate documents. No more wasting time on data entry – the clients do it for you. I have my intake form on my website so clients can fill it out without needing a separate form sent to them. Is processing payments tedious? The easier it is to pay a bill, the more likely you are to get paid. I have Law Pay set up on my website so clients can easily pay their bills, whether it’s a retainer payment or a general payment. It makes it easier for clients and my assistant does not have to manually process payments. Technology is increasingly part of the practice of law. It can be intimidating, but it provides a unique opportunity to make our lives and the lives of our clients easier. Using technology also makes it possible to assist clients who might otherwise need to go it alone, allowing us to serve the changing legal landscape. The National Self-Represented Litigants Project: Identifying and Meeting the Needs of Self-Represented Litigants. May 2013. Dr. Julie MacFarlane. 1
Laura Atkinson is a family lawyer in Victoria whose practice is focused on providing unbundled legal services and mediation coaching. APRIL 2018 / BARTALK
9
sections SECTION UPDATE
Keep Current A review of provincial Section meetings Criminal Justice Nanaimo Meeting in Review 2017/2018
Business Law and Securities Law Meeting in Review 2017/2018
Immigration Law Meeting in Review 2017/2018
General Practice Lower Mainland Meeting in Review 2017/2018
10
BARTALK / APRIL 2018
Criminal Justice Nanaimo Technology has come a long
uway in the past 50 years, and
so too has the way we use it. Paramount in crime scene investigations is accuracy and attention to detail, and with the advent of new technologies, crime scene investigators have taken leaps in ensuring precise collection and analysis of evidence. The LEICA 3D is a new tool that the RCMP on Vancouver Island has added to its toolkit for documenting crime scenes. On November 16, 2017, the Criminal Justice – Nanaimo Section welcomed Cpl. Chamberlain Zayonc of the Nanaimo Forensic Identification Section and Nanaimo Crown Counsel Frank Dubenski, to discuss the advantages of this tool in crime scenes and issues concerning its use at trial respectively. Cpl. Zaynoc explained the comprehensive functions and use of this technology: how it creates detailed 3D representations of crime scenes, and how photographs of a crime scene can be merged with scanned data and geolocation tags. The LEICA 3D has proved to be particularly useful for firearm projectile trajectory analysis, blood spatter analysis, and establishing witnesses’ lines-of-sight. As there is currently only one LEICA 3D machine on Vancouver Island (out of Nanaimo IDENT), it is primarily being used for serious persons offences, such as murder, manslaughter and serious assaults/sexassaults. Following Cpl. Zayonc, Nanaimo Crown Counsel Frank Dubenski discussed issues with the use of this technology at trial, such as disclosure, practical issues with using features of the technology in court, marking electronic images as
exhibits, and providing electronic access to juries, who may then have access to measurements or parts of the scene that were not put before the court as evidence.
Business Law and Securities Law In its simplest form, blockchain
uis a decentralized technology
within which transactions are anonymously recorded, and as such, poses legal implications for the use of blockchain technology in business. On November 21, 2017, the Business Law and Securities Law Sections welcomed Ron Segev, Partner at Segev LLP, who discussed the commercial elements of blockchain technology and transactions, including how smart contracts and tokens/coins can be used to create more efficient transactions and markets. Zach Masum, head of the technology team at the British Columbia Securities Commission, discussed some of the securities law implications of blockchain, including those discussed in CSA Staff Notice 46-307 Cryptocurrency Offerings, such as coin and token offerings, cryptocurrency exchanges and cryptocurrency investment funds. James Leong, Senior Legal Counsel, British Columbia Securities Commission, discussed two recent examples of transactions where securities law exemptions were granted for participants in the blockchain space.
Immigration Law The Annual Immigration Law
uConference on February 28,
2018 welcomed Kyle Hyndman of McCrea Immigration Law as one of its panelists this year. Kyle discussed technology and the advantages
of its use in your practice. Kyle identified the importance of data security and privacy, and of conducting an internal audit annually of your data security measures. Leaving attendees with a tip, he highlighted that when you’re sending information to and from clients, assume regular email accounts can be easily hacked. As such, avoid sending highly confidential information
Border searches of electronic devices may include searches of the information stored on the device. The border search will include an examination of only the information that is resident upon the device and accessible through the device’s operating system or through other software, tools, or applications. Officers may not intentionally use the device to access information that is solely stored remotely. READ MORE uuu
by regular email, but instead use file transmission systems with advanced encryption, such as Citrix Share File or other similar systems. Kyle remarked in regards to “cloud and local networks, if you’re on the cloud, data security becomes the primary responsibility of your provider, but it’s always your responsibility to make sure that the right protocols are in place.” Following this line of thought, with respect to having your electronic devices searched at border crossings, if asked, people are required to provide passwords
to their electronic devices and failure to do so can lead to having it confiscated or you being detained. You can avoid this by removing all sensitive data from your devices. If your data is on the cloud it would not be on your phone, but if you are using a local server, you may need to remove any such data in order to ensure privacy.
General Practice Lower Mainland Hackers have become smarter
uin how they get access to
confidential firm data. They can insert ransomware to render your firm networks unable to function, demanding ransom to get access to your data back. On March 1, the General Practice – Lower Mainland Section welcomed Andre Coetzee, Director of i-Worx, and Brian Mauch, CEO of BMC Networks Inc., to discuss firms IT security. Brian expressed that there is no silver bullet that can protect you; no layer of protection is more than 99% effective. Espousing the use of multiple layers of security, Brian urged everyone to be vigilant in setting up anti-spam and antivirus filters for emails, hardware firewalls, secure Internet gateways for outgoing traffic, dual factor authentication, and automated on-site and off-site backup. These measures are more effective if accompanied by scheduled, complex and unique passwords for your computers, smartphones and tablets, and by locking your devices following inactivity. For CBABC members, more detailed information and available minutes from the Section meetings are online at cbabc.org under CBABC Sections & Forums. APRIL 2018 / BARTALK
11
Indigenousmatters GEORDIE HUNGERFORD
Reconciliation Through Technology
Let’s bring broadband development to the North
M
any of Canada’s Indigenous communities are remote. They are flyin communities in the northern parts of the provinces or across the territories. There is an opportunity for government and industry to aid in reconciliation through linking these communities, where economically feasible, to broadband. There isn’t an obvious catalyst for economic development. It can be too far north for agriculture or forestry. Prospects for education and healthcare can be poor. Economic opportunities are generally limited to servicing government or infrastructure, unless there happens to be a mineral or petroleum deposit nearby. Even then, there may not be an opportunity for long-term economic sustainability. The Residential Schools legacy has hit the communities hard. Some have become despondent at the loss of their ancestral language, connection and purpose. Technology represents a chance for these communities to make their lives better. In particular, hooking remote communities into high-speed Internet can have a profound impact on economic growth. According to the World Bank, there is a 1.21% increase in per capita GDP in high income economies for every 10% increase in broadband penetration. Broadband can make businesses more efficient and increase labour productivity. Northwestel, the Bell telco subsidiary, has recently lit a new fibre connection from southern Canada along the Mackenzie River to Inuvik
12
BARTALK / APRIL 2018
in the Mackenzie Delta on the Arctic Ocean. There is discussion of running a line along the Dempster Highway from the southern Yukon to connect into Inuvik. Communities along the route will be hooked up to broadband Internet for the first time. But the benefits can be much more than just Netflix. E-COMMERCE:
Suppliers of northern goods and services can access a wider customer base with broadband. For example, the Tlicho Store of Rae-Edzo (just north of Yellowknife) is able to sell through their colourful website a broad array of hand crafted items, like traditional beaded gloves and moccasins. Entrepreneurs are able to maintain traditions while earning a living. LANGUAGE AND EDUCATION RECONCILIATION: Indigenous lan-
guages have been nearly wiped out by the Residential School experience where students were forbidden to speak their own languages. For example, the Gwich’in language of the Mackenzie Delta is, according to UNESCO, endangered, with only 400 native speakers remaining. But through technology, there is hope. The new generation is showing a renewed interest in their ancestral languages. For example, 23-year old Jacey Firth of Inuvik, Northwest Territories has recently launched #SpeakGwichinToMe, a social media campaign to reinvigorate interest in her ancestral language of Gwich’in. She modeled
her initiative on a similar campaign for the Sami people in Scandinavia. Gwich’in youth are feeling more positive about themselves, and Gwich’in throughout the Mackenzie Delta have jumped on board her initiative. Similarly, through a broadband connection, northern communities can reach out to the world and share their cultures and values, while also bringing world class distance learning into the communities. HEALTHCARE: Often in northern communities there are no doctors and there may not be a full-time nurse. Individuals are flown out of the community for treatment down south, particularly for specialist care. With greater broadband connections and investment from government, remote communities can benefit from telemedicine. Broadband has the power to improve Indigenous lives in the north and help communities heal and grow. Initiatives such as Northwestel’s Inuvik fibre line are aiding in Indigenous reconciliation. In 2017, the Arctic Economic Council published Arctic Broadband: Recommendations for an Interconnected Arctic, which highlights the opportunities for northern communities. Geordie Hungerford is securities lawyer in Vancouver and a member of the Gwich’in First Nation. As a member of the Arctic Economic Council and its telecommunications working group, he co-authored the paper.
FRANCES ROSNER
Supreme Court Exercises Its Parens Patriae Jurisdiction Over Indigenous Newborn In a groundbreaking BC Supreme Court decision 1 rendered February 20, 2018, The Honourable Madam Justice Murray took jurisdiction over an Indigenous newborn baby girl subject to removal by the Director of the Ministry of Children and Family Development. In exercising her parens patriae jurisdiction, Madam Justice Murray decided that it was in the best interests of the child to be breastfed and to bond with her mother, and that a timely order was vital to remedy an impossible situation imposed by the Director, legislation and Provincial Court delays. The Director was ordered to provide daily access for the mother to her newborn baby, to ensure that breastfeeding and the maternal bond go unharmed while the infant is in the care of the Director. Huu-Ay-Aht First Nation and the mother petitioned the Supreme Court under s. 10 of the Judicial Review Procedure Act 2 taking issue with the director’s exercise of power under the Child Family and Community Services Act (“CFCSA”).3 The Petitioners sought the return of the child before the presentation hearing or, in the alternative, greater access for the mother. The Director argued that the Supreme Court did not have jurisdiction to make
the orders sought given that the CFCSA falls under the jurisdiction of the Provincial Court, but the court disagreed. After the baby girl was unexpectedly removed from her mother at the hospital on January 16th, 2018, counsel for the Petitioners immediately wrote letters to the Director requesting a review of the decision and proposing less disruptive measures. Suggestions were made for approved MCFD homes where the mother and baby could reside along with several culturally appropriate supports available through Huu-ay-aht First Nation and USMA Nuu-chah-nulth Family and Child Services. But, the Director was unresponsive. The Petitioners identified a gap in legislation that prevented them from seeking relief from Provincial Court under the CFCSA for an access order. The requirement to have an order in place before an application can be made under s. 55 precluded any viable remedy under the CFCSA. The Petitioners were unable to get into Provincial Court before March 23rd, 2018 due to court delays, 66 days after the child’s removal, despite the legislative requirement to have a presentation hearing “no later than seven days after the day a child is removed.” 4 The mother was put in an impossible situation with respect to breastfeeding her baby because the child was placed in a different community and the Director did not have the resources to accommodate daily access. Given the failed attempts to reason with the Director and the Provincial Court delays, the
Petitioners turned to the Supreme Court for immediate relief. The Court deliberated briefly on the jurisdictional issue raised and decided that although not used lightly, parens patriae was founded on the necessity to protect those who are unable to protect themselves – in this case, the Indigenous newborn baby. Madam Justice Murray is seized of the matter and the Director was in court on Tuesday, March 6th for the presentation hearing arguing against the access order made. Bernard Richard, BC’s Representative for Children and Youth, having reviewed the Ministry files connected to this case, expressed his outrage and criticized the government for its failed Indigenous child welfare system. He stated: “I’ve spoken to Ministry officials at a high level to express my outrage about how this case was handled. It’s very concerning; it reeks of paternalism. The issues the Ministry had related to the grandmother, rather than the mom herself. It raises concerns about systemic racism.” 5 That said – this parens patriae precedent, carving out jurisdiction for the Supreme Court to protect Indigenous children from the broken system, provides at least one option for a timely remedy in the seemingly impossible legal framework. L.S. V. British Columbia (Director of Child, Family and Community Services), 2018 BCSC 255. 2 R.S.B.C. 1996, c. 241. 3 R.S.B.C. 1996, s. 46 [CFCSA]. 4 Ibid., s. 34. 5 Click on footnote number for more information. 1
Frances Rosner is a Métis lawyer working as a sole practitioner in Vancouver.
APRIL 2018 / BARTALK
13
feature FRANCINE RATTRAY
Technology to Support Indigenous Governance Web-based applications
I
ndigenous institutions and organizations increasingly use web-based applications to support Indigenous governance. A range of innovative tools can assist with information management, elections, polling, communications, membership management, registration of land interests, referrals and consultation management, and other aspects of governance. Online voting and polling can help to support equality and inclusivity, broadening the opportunity for members to participate in elections and referenda. It can increase voter access and turn-out, particularly in communities with a large off-reserve membership or where high voter turn-out is required, such as ratification of a Land Code, settlement agreement or constitutional amendment. Online voting may be more convenient, such as for the elderly or disabled, or where transportation is poor. Online voting and communications platforms could also engage a younger generation of voters, revitalize an interest in participation in governance, and strengthen the connection between membership and leadership. Several service providers offer applications and consulting services in the areas of voting, polling, membership management and communications. The federal government is researching the adoption of online voting for federal elections and published a report reviewing the
14
BARTALK / APRIL 2018
benefits and challenges, country case studies and the Canadian experience.1 The report notes that many jurisdictions use or have tested online voting and states that “[o]nline voting is not a fringe development but is becoming part and parcel of electoral modernization in jurisdictions where it is an appropriate fit and where the necessary preconditions for implementation exist.” Some barriers identified in the report include digital literacy, ballot secrecy, fraud, coercion, “family voting” (i.e. dominant family member influences or controls the vote), authentication, verification, educating voters, loss of voter experience and political will. Many of these problems exist with in-person voting as well. In fact, online voting could limit the potential for voter fraud because the list of community members who have cast a ballot is updated across the platform in real-time. Some important elements to online voting are sending voters easy, clear instructions for how to vote online and using a simple, secure user interface to address education, technical competency and security concerns. Technologies are available in other interesting areas. Several First Nations use stewardship applications (sometimes called Stewardship Portals) to support
Indigenous governance and economic development. These are web-based information management systems used to collect and share data, such as traditional knowledge and ecosystems Geographic Information Systems databases. Some groups also use referrals management applications to track, analyze and coordinate projects, permit applications and Crown referrals, as well as platforms for community-based Indigenous Laws research. These powerful tools could improve the efficiency and quality of the referrals process, helping meet the demands on staff from a growing number of proposed developments in traditional territories. Another fascinating technology is SmartICE, a tool of ArcticNet’s Nunatsiavut Nuluak project. It integrates remote in situ sensing, satellite imagery and Inuit Knowledge to help address Inuit concerns about the impacts of climate change and modernization in Northern Labrador communities.2 These technologies may not be desirable for every Indigenous group. They come at a cost and rely on a certain capacity level, and leadership and community support. Yet, they could be useful additions to the governance toolkit for improving efficiencies and community engagement in support of sustainable Indigenous governance. Click on footnote number above for more information.
1-2
Francine Rattray is a lawyer practising in the area of Indigenous Law with Arbutus Law Group LLP.
feature HENRY WALDOCK
Robotics and Law Enforcement Science fiction is the new reality
P
olice worldwide are experimenting with robotic technologies. Hollywood makes us think of robots as autonomous machines which behave like people. Indeed, recent deployments even bear some resemblance to movie and TV robots. But their ability to watch and react – rather than their appearance – will determine their impact on civilian society. Surveillance robots have arrived. For an upcoming festival, Singapore is testing a simple device that resembles the Mars Explorer. A surveillance camera roams about on wheels. A police officer operates it remotely, watching its video feed. Dubai is experimenting with human-shaped robots. These operate as mobile communication devices, through which citizens can report crimes, pay fines and get information. If the public accepts its familiar shape and friendly gestures, they may grow inured to its constant video surveillance. This year, China deployed robots that resemble R2-D2 or perhaps Dr. Who’s nemesis, the Daleks. These roam about in public places such as
train stations, sniffing for fires and providing public information. The robots in Dubai and China share a significant feature: they carry cameras, which compare the faces of people they see to databases of fugitives. When they find a wanted person, they alert police. Intelligent public surveillance is not new. In 2006, police in British Columbia started using automatic licence plate recognition systems. These devices scan the licence plates of vehicles near a police cruiser, and identify which ones are stolen or associated to unlicensed or prohibited drivers. In 2012, the Privacy Commissioner set rules for police using these systems; but their essential features survived her scrutiny. Robots can operate in hostile environments. For example, the Mars Rover explores where humans cannot breathe. Police officers also work in hostile environments: they go where the trouble is. Bomb squads deploy remotely controlled machines to handle suspected explosive devices. In hostage-takings, police robots carry communication devices, cigarettes, or other tokens of good faith from negotiators to their target. A human controls the device, and, from a place of safety, reasons with the person who threatens harm. This officer-by-proxy technique could reduce violent police behaviour in disadvantaged neighbourhoods where officers fear the population.
Lethal robots are developing. In the military sphere, armed robots already exist, and have killed often. Indeed, American drones are nothing more than flying robots. Last year, Russian researchers demonstrated a grim human-shaped bipedal robot, which accurately fired handguns at targets – using both hands. They intend to program it to operate autonomously. The first documented killing of a civilian by a police robot occurred in Dallas, Texas in 2016. A sniper shot and killed five police officers from an impregnable position. Police used a bomb-squad robot to place a charge of plastic explosive on a wall behind him, and detonated it. A grand jury accepted that this violence was necessary to save lives, and declined to charge the officers criminally. Will Canadian police resist the temptation to “weaponize” robots? RCMP in British Columbia currently oppose this idea. At this early stage, this makes sense. But if self-driving cars prove themselves consistently safer than their human counterparts, then logical risk-management suggests that they reconsider. If computers driving cars reliably make life-anddeath decisions more safely than humans, then prudence suggests that police robots, not people, should carry the weapons and decide when to use them. Forget the Hollywood robot. Surveillance technology in robots already raise policy choices between security and privacy. Autonomous police robots may raise the more challenging ethical choice: for our safety, are we willing to sacrifice control? Henry Waldock, Crown Counsel in Chilliwack, BC. APRIL 2018 / BARTALK
15
membersavings
EMAIL: MEMBERS@CBABC.ORG \\
CBABC members take advantage of great discounts, special offers and exclusive promotions. 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.
MERCEDES-BENZ
Mercedes-Benz Canada is pleased to offer CBABC members discounts on the purchase or lease of new Mercedes-Benz and smart vehicles.
LODEN HOTEL
Welcoming CBABC members to Vancouver with 25% off one of the city’s top boutique hotels. Steps from the business district, the harbour and all your shopping and dining needs, the Loden Hotel is your home for an exceptional Vancouver experience.
VANCOUVER SYMPHONY ORCHESTRA
The Vancouver Symphony Orchestra presents passionate, high-quality performances of classical, popular and culturally diverse music. Members of the CBABC receive specially priced tickets throughout the 2018 season.
Contact ads@cbabc.org for information on partnerships, sponsorships and advertising with CBABC.
A PICTURE IS WORTH 1000 WORDS Basic Profile
Enhanced Profile
BC LEGAL DIRECTORY CBABC Members: Add your photo for free HERE
16
BARTALK / APRIL 2018
I give to my community and with Vancouver Foundation, my giving lasts forever. 75 years ago, a single gift started Vancouver Foundation and that gift is still making a difference in the community today. We can help you create a fund that gives forever. Get started at vancouverfoundation.ca/create or call Kristin at 604.629.5186
To find your local community foundation visit communityfoundations.ca
APRIL 2018 / BARTALK
17
feature SHANNON SALTER
What is the Solution Explorer? Free legal information for the public
T
he Solution Explorer is the first step in the Civil Resolution Tribunal (“CRT”) dispute resolution process. It uses questions and answers to give people tailored, plain language legal information, as well as free self-help tools to resolve their dispute without having to file a CRT claim. The Solution Explorer uses a basic form of artificial intelligence called an expert system, which makes specialized legal knowledge widely available to the public. WHO CAN USE IT?
The Solution Explorer is free, simple to use, and anonymous. Anyone can access it, from a smartphone or other device, without having to have a CRT claim. In fact, one of the Solution Explorer’s goals is to help people to resolve their problems without having to go to a tribunal or court. Spending a few minutes using the Solution Explorer to better understand their legal problems, and their options for resolving them, empowers people to take informed next steps. WHERE DOES THE SOLUTION EXPLORER’S LEGAL INFORMATION COME FROM?
Lawyers across British Columbia have generously volunteered their time and expertise to create legal information for the Solution Explorer. 18
BARTALK / APRIL 2018
Knowledge engineers met with lawyers and asked them questions about the most common issues arising in their practice areas, as well as the legal information they think people need to know. The CRT team then put this information into massive mind maps, ensuring the content and language is understandable, and targeting a Grade 6 reading level. Recently, law students from Thompson Rivers University completed a CRT knowledge engineering externship, in which they interviewed lawyers and created new legal information pathways, which will soon be included in the Solution Explorer. As a final step, CRT tribunal members review Solution Explorer content for errors and omissions. HOW ARE PEOPLE USING THE SOLUTION EXPLORER?
The Solution Explorer is very popular. More than 15,000 people have used it for small claims issues, and more than 13,000 people have explored strata matters. A particularly popular tool is the Solution Explorer’s template letters, for example requesting a strata hearing or demanding repayment of a debt. The letters are pre-written based on information the person provided about their legal issue, and include applicable statutory
provisions and deadlines, among other information. Often, people do not have the language skills or confidence to write their own formal letters. However, in many cases, starting a dialogue between the parties can resolve the dispute by agreement. Other tools include debt repayment calculators, tips for negotiation, and coaching on how to have difficult conversations. One of the Solution Explorer’s objectives is to correct the information asymmetry that can exist between parties who have access to legal expertise and those who do not. WHERE WILL THE SOLUTION EXPLORER GO FROM HERE?
Every three months, we implement changes to the Solution Explorer based on public feedback and data analytics. These improvements can include new content and pathways, or changes to the language, layout, or self-help tools. The CRT carefully monitors how these changes affect people’s use of the Solution Explorer. The CRT is committed to continuous improvement and transparency. Consistent with this goal, the CRT regularly reports on feedback and changes to the Solution Explorer through the CRT website (civilresolutionbc.ca). The CRT is always looking for volunteer lawyers to share their expertise with British Columbians by contributing content to the Solution Explorer. Please send the CRT an email if you would like to get involved at info@crtbc.ca. Shannon Salter, Chair, Civil Resolution Tribunal.
feature SARA FORTE AND JANINE F. JONES
Technology and Alternative Work Arrangements Case studies
T
echnology is continually changing the way we do business. Today we see many examples of law firms using technology to enable flexible work arrangements, to the benefit of law firms, individual lawyers and clients. In this article we will consider two law firms who are using technology as the foundation for flexible work. One firm has done this taking small steps within a traditional law firm setting, and the other is entirely virtual. CASE STUDY 1: TRADITIONAL PRACTICE, WITH FLEXIBLE OPTIONS
One traditional firm that has taken steps toward flexible work arrangements using technology is Lawson Lundell LLP. Driven by a desire to retain talent, continue the growth of partners and maintain an inclusive law firm, Lawson Lundell has implemented a range of alternative working arrangements, facilitated by technology. There are lawyers working almost entirely remotely on both temporary and permanent bases and lawyers, including partners, who work reduced hours and/or who work from home a percentage of the time. A combination of Citrix products (these products enable secure remote access to business applications and full virtual desktops to any device) and more traditional
technologies (i.e. mobile devices and conference call facilities) are used to allow remote work. The firm has found these technologies allow them to offer alternative working arrangements while maintaining a high level of service and availability for their clients.
remote work, Boucher gave us a top three: Zoom is an easy-to-use video conferencing app. Simplex uses it to hold team meetings and has seen increased participation and engagement since switching from a traditional call to video. RingCentral is a voice over IP system that allows phone extensions to ring wherever Simplex lawyers are working. Trello is a flexible and easy-touse platform that Simplex uses as their online Employee Booklet and on-boarding process.
CASE STUDY 2: VIRTUAL LAW FIRM
Calgary-based Simplex Legal, founded by Martine Boucher, a self-professed “tech geek,” has harnessed technology to operate an entirely virtual law firm. The firm offers outsourced in-house counsel in BC, Alberta, Ontario and Quebec. Its team of lawyers take retainers varying in scope from project support to temporary full-time placements in client organ-
Retention, inclusion and diversity are key goals that can be achieved by enabling alternative work arrangements. izations. Lawyers work either from home or on-site at a client’s business and everything needed to run the law firm is web-based. Lawyers work a wide variety of work schedules from months of full-time work mixed with months of non-working time, to reduced hour weeks. When asked about the tech tools she would recommend to facilitate
All information is searchable, and anyone can add feedback or update. These two law firms are examples of how, through the use of technology, the practice of law and the delivery of legal services can be provided from a wide variety of locations and schedules. Retention, inclusion and diversity are key goals that can be achieved by enabling alternative work arrangements, both by taking small steps within a traditional law firm setting and by going entirely virtual. Sara Forte is an employment lawyer, founder of Forte Law, and Janine F. Jones is a senior in-house corporate commercial lawyer. Both Sara and Janine are on the CBABC Women Lawyers Forum Executive. APRIL 2018 / BARTALK
19
feature KATIE SYKES
Teaching Tomorrow’s Lawyers TRU Law’s cool law and innovation scene
T
he legal profession is at the beginning of profound change – from artificial intelligence to online dispute resolution to alternative business structures. That’s a challenge for legal educators. Richard Susskind, one of the best thinkers about the future of the profession, threw down the challenge in the recent second edition of his book Tomorrow’s Lawyers: law graduates are “staggeringly ill-prepared for the legal world of the next decade or two.” Law schools need to step up and help students build the skills they will need as tomorrow’s lawyers. Thompson Rivers University (“TRU”) law school is looking to meet that challenge by training students in new fields like legal knowledge engineering and legal expert system design. One of the coolest and most exciting intersections of law and technology is the world of legal apps, or expert systems. TRU law students actually learn how to create real-world, working apps in a course called Designing Legal Expert Systems. It is a collaboration with legal tech firm Neota Logic, which develops expert systems for law firms and corporate clients. Students work in teams with nonprofit organizations to create apps that help cut down the time, cost and complexity of getting legal help to people who need it. Neota’s nocode platform means students with 20
BARTALK / APRIL 2018
no coding knowledge or software development experience can learn the system quickly, and put their legal skills to work turning legal expertise into user-friendly, well designed systems. Other globally recognized law schools, including Georgetown University Law Centre and Melbourne Law School, offer similar courses in collaboration with Neota. So far, TRU is the only law school in Canada doing this. Student groups created: an app to make it easier to report animal cruelty (with Animal Justice Canada); a document automation tool to create wills, representation agreements and powers of attor-
Lawyers, embrace the new and different, reconsider the things you do simply because you have always done it that way before and ask yourself: is there a better way? ney at the touch of a button (with TRU’s Community Legal Clinic); a self-help tool for self-represented litigants (with the National Self-Represented Litigants Centre); and the prize-winning app, a tool to help mobile phone customers with their consumer rights and
remedies under the CRTC’s Wireless Code (with the Public Interest Advocacy Centre). TRU students are also learning the nuts and bolts of online dispute resolution, working with British Columbia’s brand new, worldleading Civil Resolution Tribunal. Several students have completed an externship in which they built content for the Civil Resolution Tribunal’s Solution Explorer, a public legal information resource that helps users get the information and tools they need to resolve disputes at an early stage, with less expense and stress. In this unique learning experience, the students worked closely with expert lawyers with detailed knowledge of the law in a particular area, and with lawyers at the Ministry of the Attorney General who helped to create the Civil Resolution Tribunal. Their work was featured on the Civil Resolution Tribunal blog. As one of the students in the apps course wrote on TRU’s Law and Innovation blog: “Lawyers, embrace the new and different, reconsider the things you do simply because you have always done it that way before and ask yourself: is there a better way?” The creative, innovative students who have done such groundbreaking work in these courses are ready to lead the legal profession in a future that will be interesting, certainly challenging, and all about continually asking ourselves if there is a better way. Katie Sykes is an associate professor at the Faculty of Law, Thompson Rivers University.
feature CHILWIN CHENG
Discover Data, Not Documents Improve justice by rethinking discovery
A
pproaching discovery as one of “documents” prevents lawyers from realizing digital technology’s full potential to reduce litigation costs. We need to reframe our document discovery practice as a data discovery practice. Consider how most modern businesses store information. We: exchange emails and attachments; converse by messaging services; create digital documents before we make physical ones, if we make them at all; and work with databases – accounting, marketing, operations, sales. Nevertheless, how often have we seen these cringe-worthy deliveries from opposing counsel: scanned, or physical, copies of emails that a party has printed from their email client; documents printed from the native files stored on a client’s hard drive; pages of difficult-to-read screenshots from a client’s phone from messaging services; and boxes of receipts, invoices, purchase orders, and other documents generated from a business accounting system. So wasteful. Instead of accepting those deliveries, everyone would save significant time, expense, and headache by taking these steps instead: collect the relevant .pst or .mbox file from the relevant hard drives or servers, not individual emails;
mirror
the hard drive or relevant server folders; use apps that will copy text messages and other social messaging streams and conversations; create a backup of the accounting database and then filter for the relevant data set; and create and send tables of data rather than sending printed reports. Collecting data, rather than documents, allows counsel to realize the efficiencies this enables: faster early case assessment; more thorough curation of documents for privilege or irrelevancy; and more efficient exchange of structured information. Further, reframing these collection practices as ones in which we collect data rather than documents enables further benefits when counsel can cooperate, for example: agreeing with opposing counsel to exchange information in native format eliminates or reduces the expense of processing and exchanging data and documents; negotiating an agreement to waive photocopying and scanning costs in discovery if both parties are already working digitally, which reduces disbursement expenses for clients; and using interrogatories to elicit structured data from the opposing
party BEFORE examinations streamlines examination processes. Any structured list lends itself to a database rather than a review of records. Rather than relying, as a first request, on a review of a batch of documents to obtain structured data, that information can be better collected by having the party export a text table from their database, such as: lists of meetings between individuals; lists of phone calls (printed from the reports that telephony providers enable customers to download); customer or supplier lists; and payables or receivables records. Some formal barriers inhibit these solutions. Supreme Court Rules refer to “Discovery of Documents.” Interrogatories are no longer as of right and are infrequently used. Cost and indemnity rules assume physical document copying and delivery. Future deliberations of our profession to reform the Rules should consider these issues. Meanwhile, lawyers can mitigate the difficulties these Rules create through cooperation and civility. Reframing discovery as an exchange of data rather than documents improves our ability to practice and increases access to justice by reducing significant waste in our justice system. Unlike other reform initiatives, these changes are fully within our control. Chilwin Cheng is founder and managing partner of Ascendion Law, a commercial, criminal, and regulatory litigation boutique. APRIL 2018 / BARTALK
21
news&events NEWS
CBABC AWARDS
WLF BC Update
Call for Nominations
WLF BC hosted a Junior Women Lawyers Networking Event in Vancouver on February 20, 2018, generously hosted by Charest Reporting Inc. with proceeds going to Ovarian Cancer Canada. The Senior Women Lawyers Dinner followed on February 22, 2018 at the Water Street Café, where guests heard from anti-poverty activist, Jean Swanson. The WLF BC Conference: Tackling Change in Your Practice and Beyond will be held April 6-8, 2018 at Sparkling Hills Resort and Spa in Vernon. Speakers include Madam Justice Donegan, The Honourable Judge Stella Frame, The Honourable Judge Carmen Rogers, Kerry Simmons, QC and practice consultant Andrea Verwey Rayment. Mark your calendars for the WLF BC Book Club Meeting. We will discuss the book “We Can Do This!: 10 Tools to Unleash Our Collective Genius” on May 8, 2018. The discussion will be guided by the book’s author, executive coach Kate Sutherland. On June 7, 2018, WLF BC hosts its Fraser Valley Spring Mingler at the Glass House Estate Winery. Watch your inbox for details.
NEWS
CLEBC Update CLEBC WEBSITE REFRESH This spring, CLEBC is proud to announce our newly refreshed website and CLE Online platform. After gathering feedback from members of the BC legal community, we’ve made some significant changes to better serve you. On the refreshed website, you will find some new features, including: improved design, interface, and navigation – efficiently find the information you need
22
BARTALK / APRIL 2018
redesigned
CBABC invites you to honour a fellow member with a nomination for these prestigious awards to be presented in June: Equality
and Diversity Award Service Awards Innovative Workplace Award Harry Rankin, QC Pro Bono Award Community
Nomination deadline is Friday, April 13, 2018. Nomination forms and more info about each award at cbabc.org/Awards.
course calendar – filter for courses relevant to your practice updated publications directory – search for publications quickly and easily practice area pages – see all CLEBC resources for your practice area in one place contributor portal – find information about and resources for volunteer contributors Truth and Reconciliation portal – learn about CLEBC’s work in addressing the Truth and Reconciliation Commission’s Calls to Action At CLEBC, our goal is to meet
your continuing legal education needs and to provide you with the best experience both online and offline. We hope you enjoy our updated look and features. Please take some time to click around and don’t forget to update your bookmarks! If you experience any trouble while navigating our refreshed website, please contact our friendly Customer Service team at 604-893-2121 or 1-800-6630437. You can also reach us at custserv@cle.bc.ca.
BC LEGISLATIVE UPDATE
ACTS IN FORCE Current from December 27, 2017 up to and including February 27, 2018 The full version of Legislative Update is now only published online and is available exclusively to CBA members at cbabc.org. FINANCE STATUTES AMENDMENT ACT, 2012, S.B.C. 2012, C. 12 (BILL 23) Sections 83, 85, 87, 88, 90 to 93, 95 to 97, 99, 101(a) and 104 to 106 are in force December 14, 2018 POOLED REGISTERED PENSION PLANS AMENDMENT ACT, 2017, S.B.C. 2017, C. 14 (BILL 13) Section 2 is in force January 29, 2018 PUBLIC SAFETY STATUTES AMENDMENT ACT, 2017, S.B.C. 2017, C. 17 (BILL 12) Sections 2 to 12 are in force March 1, 2018
CBA NATIONAL NEWS
BRANCH & BAR
Calendar
APRIL
6 SOLD OUT! 13th Annual Victoria Battle of the Bar Bands — Victoria 6-8 Women Lawyers Conference & Retreat 2018 — Vernon 10 CBABC PD Webinar: The Curious Case of Ageing Clients: How Lawyers Should be Curious about Ageing Clients’ Needs 12 CBABC PD Webinar: Parenting & Practice – Making it Work! 17 Law Day in BC 17 CBABC In-Person PD Seminar: Mind Bugs – Working with our own Biases as Lawyers & Mediators 19 CBABC PD Webinar: Locking Down the Basics – A Securities Law Primer 26 CBABC PD Webinar: Diversity for All – Understanding Client Diversity 27 The Rt. Hon. Beverley McLachlin, PC, Chief Justice of Canada Tribute Dinner — Vancouver
The Competition Bureau Initiates Discussion on Big Data
MAY
Bring together information of high volume, velocity and variety, and use technology and analysis to transform its value, and you’ve got Big Data. The Competition Law Section commented on a Competition Bureau discussion on the interaction of competition policy in Canada with big data and innovation.
3-5 The Lawyer Show 2018: The Drowsy Chaperone — Vancouver
1 The Pitch — Toronto, ON 2 CBABC PD Webinar: Budding New Law – The Cannabis Potential 5 Kamloops Has Talent: Doctors vs Lawyers — Kamloops
Read the full article
APRIL 2018 / BARTALK
23
news&events CBA NATIONAL MAGAZINE
Is Arbitration the Best Way to Resolve Blockchain-Based Disputes? Will smart contracts really replace traditional legal agreements and courts with code? Charlie Morgan discusses blockchain’s application to contract formation and execution, and warns that the challenge is in ensuring that rights and obligations contained in smart contracts have a sound legal basis and can be enforced in the real world. Indeed, the potential for disputes remains very real. Morgan then explores whether arbitration will become the forum of choice for resolving blockchain-based disputes: Arbitration is a non-national and neutral dispute resolution forum which enables parties to nominate a tribunal of
TIPS FROM
industry or technical specialists to efficiently and effectively resolve the different types of disputes that may arise from their relationship (which, as mentioned above, may include real world as well as digital world disputes, in each case ranging from a simple contract law claim to claims of a highly technical and complex nature). The relative ease of cross-border enforcement of awards under the New York Convention also gives arbitration a huge advantage in the context of blockchain disputes, given the transnational nature of this technology and of the players involved in blockchain transactions. But arbitration also offers a further material benefit in this
context, compared to court litigation. Indeed, the inherent flexibility of the arbitral process (its procedure being tailored in material respects by the parties’ agreement) enables efficient conflict management approaches to be developed and for the dispute resolution process itself to harness the benefits of blockchain technology. This means that arbitration has the potential to keep pace with a new breed of disputes.
PRODUCTIVITY AND PRACTICE MANAGEMENT TIPS FROM CANADA’S OWN: CANLII AND CLIO
Practice management includes the study of technologies that save you time, help tame complex information, and automate common legal tasks for busy practitioners. CanLII has long been a beacon of legal tech innovation in Canada – and we can expect even more now that CanLII has acquired its longtime software developer Lexum. We look forward to even quicker cycles of innovation in the wake of the acquisition, which was announced at the end of February 2018. CanLII and Lexum have already given us Lexbox, a brilliant productivity tool that lets you clip cases and statutes on CanLII into custom folders to organize legal research. It tracks your research trail and search history, and even alerts you when laws or cases you’re following get cited. Lexbox is already in use by more than 15,000 practitioners, and works directly in your browser. And yes, it’s totally free. Another notable update this month comes from Clio, the cloud-based practice management software that is both a world-leader in its category, and a Burnabybased company. Be sure to explore their new Outlook 365 add-in, which lets you save emails and attachments directly from Outlook to your Clio environment, but also lets you start a timer directly in Outlook to track billable time.
24
BARTALK / APRIL 2018
2018 Dial-A-Lawyer Day | April 21
APRIL 17 Law Week Events in Vancouver April 16-20 Vancouver Courthouse Tours
Visit bclawweek.org for info and updates on all Law Week events in BC Free Public Education Law Classes April 9-23 Throughout the Lower Mainland
Law Week is made possible by our sponsors 25
BARTALK / APRIL 2018
April 18 The Barry Sullivan Law Cup
April 10 Meet the Chiefs
Follow @BCLawWeek on Twitter
announcements LAW FOUNDATION LAW FOUNDATIONOF OFBRITISH BRITISH COLUMBIA COLUMBIA
Public Interest Law Participation Fund 2018 The Law Foundation of British Columbia has established the Public Interest Law Participation Fund (the “Participation Fund”), a new annual fund of $100,000, effective January 1, 2018. The maximum amount of any Participation Fund grant is $10,000. The purpose of the Participation Fund is to enhance public participation in public interest law matters in British Columbia – particularly, to address: The need to support the inclusion in public interest law matters of perspectives and voices not otherwise represented through Law Foundation funding; and The need to support the balancing of differing public interests and perspectives, including urban and rural. Any organization or individual resident in British Columbia may apply. Applicants will be given priority if they demonstrate that their participation would not be possible without the requested funding, and that their participation will broaden the diversity, inclusiveness and balance of views being discussed. Participation Fund grants are intended to support public participation in proceedings arising in a formal legal process convened by a governmental, regulatory or other public body, and demonstrating the following qualities: Raises an issue or issues concerning the public at large and falling within one of the Law Foundation’s mandate areas (legal education, legal research, legal aid, law reform and law libraries); Provides opportunity for public input; Including public hearings, public inquiries, and public consultation; and Including non-public proceedings that raise an issue of public interest (certain coroner’s inquests). For more information on the types of expenses covered, details of the application process, and application guides, see the Law Foundation website at lawfoundationbc.org/auto-draft-19. Potential applicants are encouraged to contact Bill McIntosh, Program Director (bmcintosh@lawfoundationbc.org / 604-689-2048) to discuss their applications prior to submission.
CBABC Appointed Zulie Sachedina to the Law Foundation Board The Law Foundation is pleased to announce that Zulie Sachedina was recently appointed to its Board by the BC Branch of the Canadian Bar Association. Ms. Sachedina has more than 30 years of experience in health and resource management, human rights, international development and administrative law. She has an LLB and a Master of Health Science from the University of Toronto, and was called to the Bar in 1992. In addition to her work as vice-president and general counsel at Providence Health Care, Ms. Sachedina serves as the Chair of the Ismaili International Conciliation and Arbitration Board and is a trustee of the Healthcare Benefit Trust. We appreciate the wealth of experience Ms. Sachedina brings to the Law Foundation Board and look forward to working with her.
BE A PART OF LEGAL INNOVATION IN THE MAKING MAY 1, 2018 TORONTO, ON MORE INFO uuu 26
BARTALK / APRIL 2018
Your perfect job is out there. We’ll help you find it. In-House | Private Practice | Entry level to senior roles
M I K E R AC E
AMRIT RAI
A M B E R YO U N G
Mike is our Client Partner for Vancouver. A former lawyer with over 12 years of legal recruitment experience, Mike focuses on acquiring high performing Partners, Associates and teams for law firms, as well as General and Legal Counsel for companies across Western Canada.
Amrit is a Consultant with over 5 years’ recruitment and headhunting experience. She combines her experience gained from private practice and her strong inter-personal skills, placing junior and senior lawyers in both firm and in-house positions in Western Canada.
With over 5 years of industry experience, Amber is responsible for the recruitment and placement of Law Firm Management professionals, Law Clerks, Paralegals and Legal Assistants for both Private Practice and In-House clients in Vancouver, Calgary and Edmonton.
Client Partner (604) 283-9316 mrace@zsa.ca
Consultant (604) 283-9317 arai@zsa.ca
Consultant, Support Services (604) 283-9318 ayoung@zsa.ca
zsa.ca
C A N A D A ’ S
L E G A L
R E C R U I T M E N T
F I R M
T M
© 2007-2018 ZSA Legal Recruitment Limited. ZSA, the ZSA logo, and CANADA’S LEGAL RECRUITMENT FIRM are trade-marks of ZSA Legal Recruitment Limited.
APRIL 2018 / 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 and advance one’s career, practice and business. We pride ourselves on bringing courses to lawyers that will provide the required components of professional responsibility and ethics, client care and relations, and practice management components for 2018 Law Society reporting.
Upcoming In-Person Seminars Mind Bugs: Working with our own Biases as Lawyers & Mediators Professor Audrey J. Lee from Harvard University leads this workshop that will involve interactive presentations and exercises to raise awareness about our biases and a discussion of stereotypes we all encounter. Date: April 17, 2018 Location: Clark Wilson LLP, Conference Centre, Vancouver Speaker: Professor Audrey J. Lee, J.D., Harvard University, Senior Mediator, Boston Law Collaborative, LLC, Executive Director, BLC Institute
Ethics in Action: Practice & Community – Victoria IV Join the CBABC and the Victoria Bar Association for its final installment of Ethics in Action in Victoria for the 2017-2018 term, as we delve into the subject of ethics in an 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.
to the Omar Khadr case and the fight for access to justice and human rights. Space is limited for this special event. Get your ticket early and secure your seat. Date: June 20, 2018 Location: Sutton Place Hotel, Vancouver Speaker: Dennis Edney, QC
Upcoming Webinars The Curious Case of Ageing Clients: How Lawyers Should be Curious about Ageing Clients’ Needs A panel of senior elder law lawyers will discuss the impact of ageing and how lawyers can improve their ability to address needs and concerns that arise in a client’s twilight years. Date: April 10, 2018 Moderated by: Rhona Lichtenwald, Hillcrest Law & Mediation Speaker: Hugh S. McLellan, McLellan Herbert, Barristers & Solicitors; Colleen E. Selby, McLeod & Company, Legal Counsel; and Margaret Easton, Simon Fraser University
Locking Down the Basics: A Securities Law Primer This webinar is a primer on securities law for new lawyers or lawyers interested in securities law fundamentals. Experienced securities lawyers will demystify the securities law process, focusing on basic securities tools. Date: April 19, 2018 Moderated by: Stuart Rennie, CBABC Legislation & Law Reform Officer Speakers: Harveen Thauli, Barrister & Solicitor; and Veronica Armstrong, Barrister & Solicitor
Learn how your clients’ diverse backgrounds, cultures, concerns and how they express themselves shape their lives to improve your ability to advise your clients and enhance your practice.
CBABC Criminal Justice – Vancouver Annual Dinner
Parenting & Practice: Making it Work!
Our special guest of honour this year is Dennis Edney, QC, who is widely known for his commitment
Is it hard to imagine a world where your practice can survive parenthood? In this webinar, we bring
BARTALK / APRIL 2018
Date: April 12, 2018 Moderated by: Meghan A. Maddigan, Law Society of BC Speakers: Cheryl D’Sa, Narwal Litigation LLP; Nicole Howell, HHBG Employment Lawyers; Sandra Kovacs, KazLaw Injury Lawyers; and Andrew Robertson, Lawson Lundell LLP
Diversity for All: Understanding Client Diversity
Date: June 18, 2018 Location: The Union Club of BC, Victoria BC Speakers: Dean Lawton, QC, Victoria County Bencher, Carfra Lawton LLP; and H. William Veenstra, 2017-2018 CBABC President, Jenkins Marzban Logan LLP
28
you tales from the other side: lawyers who successfully work and parent at the same time.
Date: April 26, 2018 Moderated by: Rhona Lichtenwald, Hillcrest Law & Mediation Speaker: Aaron Wilson, Associate at Mandell Pinder LLP; Sasa Jarvis, Associate at McMillan LLP; and Shelina Neallani, Lawyer, Mediator, Consultant
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.
Warren Dueck FCPA, FCA, CPA (WA) Steven Flynn CPA, CA, CPA (WA) Candace Doig CPA, CA, CPA (IL)
CHARTERED PROFESSIONAL ACCOUNTANTS VANCOUVER • RICHMOND • CALGARY • EDMONTON
T: 604.448.0200 • Toll Free: 1.855.448.0200 • wldtax.com Collaborating with Andersen Global
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
A NEW MARKETING OPPORTUNITY IS WAITING
BC LEGAL DIRECTORY BCLegalDirectory.org/ads APRIL 2018 / BARTALK
29
Supporting lawyers, students and their families experiencing hardship or crisis, the
CBA (BC) BENEVOLENT SOCIETY hosts their 17th Annual Fundraising Event…
E L T T BA THE OF
R A B DS N A B
WHERE: The Commodore Ballroom WHEN: June 8, 2018 @ 7:00pm WHY: Because life is hard and sometimes people need help.
barbandsvancouver.ca for information | tickets | sponsorship 30
BARTALK / APRIL 2018
17th Annual
BATTLE OF THE BAR BANDS TOP LAW FIRM CONTRIBUTION AWARD The Top Law Firm Contribution Award is awarded by presenting sponsor, Hunter West Legal Recruitment, to the law firm which makes the highest donation to the CBA(BC) Benevolent Society’s annual fundraiser, the Battle of the Bar Bands. The purpose of the Benevolent Society is simple – to respond discreetly to crisis in a lawyer’s or articled student’s life by providing emergency funding. When there is nowhere else to turn, the Benevolent Society is there to restore dignity and transform despair into hope.
was last year’s highest contributor and sends out this message to the legal community… Blakes appreciates and salutes the CBA(BC) Benevolent Society and the work they do to support us, our colleagues and our families, should the need arise. The Battle of the Bar Bands is one of the great evenings of the year. We are looking forward to a fantastic evening of entertainment and a strong turnout this year. The competition to receive the Top Law Firm Contribution Award will be spirited! Bill Maclagan, Q.C., Blake, Cassels & Graydon LLP, Vancouver Managing Partner.
APRIL 2018 / BARTALK
31
barmoves Who’s Moving Where and When Morgan Burris
Mahdi Shams
has become a partner at DLA Piper (Canada) LLP. Morgan practises commercial litigation with a focus on construction and engineering disputes.
has been accepted into the MLT Aikins Partnership. Mahdi represents both private and public companies on various transactions in a number of areas, including corporate finance and securities.
Mike Mjanes
Mary Childs
has become a partner at DLA Piper (Canada) LLP. Mike practises real estate and corporate commercial law.
has joined Miller Thomson’s Vancouver office as associate counsel in the Social Impact group. Mary provides advice to a variety of charities, co-operatives, not-for-profits and social enterprises.
William Skelly
Lindsay A. Waddell
joins the MLT Aikins Vancouver office. Bill practises restructuring and insolvency law and is widely recognized for his expertise in restructuring many of Canada’s largest national and international companies.
has become a partner at Moore Edgar Lyster. Lindsay is a litigator, focusing on complex human rights, professional regulation and union-side labour law matters.
There’s good news at Hammerberg Lawyers. Kevin McLaren has joined our partnership. After 4 years as a valued member of our firm, we are pleased to announce that Kevin McLaren is now a partner at Hammerberg Lawyers.
? ?
Kevin represents his clients with commitment ? and determination. His advocacy and expertise in personal injury law have helped ? hundreds of clients successfully resolve their claims. PERSONAL INJURY BUSINESS STRATA
Kevin McLaren, Partner
32
BARTALK / APRIL 2018
1220 –1200 West 73rd Ave. Airport Square Vancouver, BC V6P 6G5 604-269-8500 hammerco.net
Bar Moves space is at a premium and available for free to members on a first-come first-served basis, so send your Bar Move (max. 30 words) and a high-resolution headshot photo to bartalk@cbabc.org now.
TO VIEW ALL BAR MOVES GO TO CBABC.ORG/BT/BM_1804.
Pamela ? Costanzo joined ? Forte Law Corporation in Surrey, where she advises employees and employers on all aspects of employment law and workplace human rights.
newmembers January & February 2018 Associate Randall Chamberlain Law Office of Randall Chamberlain PLLC New York
Lawyers Erin Bowman Bowman Law Centre Delta
Nancy ? Cameron, QC recently ? moved her office in Vancouver. Nancy is a family law lawyer who specializes in collaborative practice and mediation. She also trains and teaches interdisciplinary collaborative practice.
Mark ? Muirhead joined ? Davison Law group as associate counsel, practising in family law, administrative law, and civil litigation.
Meganne Cameron Office of the Information and Privacy Commissioner for British Columbia Victoria Christopher Canning Thorsteinssons LLP Vancouver Amelia Cline RDM Lawyers LLP Abbotsford Gurpreet Dhillon Surrey Karsten Erzinger MacLean Law Kelowna Stacey Jessiman de Nanteuil JFK Law Corporation Victoria Jonathan Khan Vancouver Garwa Kong Vancouver
Natalia ? Tzemis joined ? Harper Grey LLP as an associate with their Construction, Insurance and Professional Regulation and Workplace Law groups. She was called to the BC Bar in 2016.
? ?
Myrna McCallum The University of British Columbia Vancouver Rohita Pannu Rohita Pannu Law Corporation Surrey Michael A. Patterson Bridge Law Corporation Penticton Kathryn Robinson Interior Law LLP Penticton Balreek Shoker Buckley Hogan Surrey Jordan Watt McCullough Gustafson Watt Victoria Jake Zhong Borden Ladner Gervais LLP Vancouver
Articling Students Alia Bandali Norton Rose Fulbright Canada LLP Vancouver Caity Goerke Vancouver Chantal Laing Genesis Law Group Victoria John Harry Ormiston Bernard LLP Vancouver Will Pollitt Ng Ariss Fong Vancouver Harpreet Sandhu Nirwan Law Corporation Surrey Arsh Sarkaria Surrey Abraham Wardman Munnings Law West Vancouver Zoe Zwanenburg Vancouver
Law Students Aida Ahmadi Calgary Prince Arora Vancouver Farzad Balandari North Vancouver CĂŠsar Baltazar Vancouver Nico Bernardi Victoria Mia Bertanjoli Vancouver Timothy Bhullar Abbotsford Cindy Chai Vancouver Fang Chen Vancouver Michael Filice Kamloops To view all new members, please visit cbabc.org/bt/nm_1804. APRIL 2018 / BARTALK
33
AME
Go places. Lots of places. Go places. Lots of places. The 2018 GLC 300 4MATIC. Total price starts at $49,165.* As a member of the CBABC, you are entitled to an exclusive offer.
For more details, mbvancouver.ca/corporate-fleet The 2018 GLCvisit 300 4MATIC. Total price starts at $49,165.* As a member of the CBABC, you are entitled to an exclusive offer. For more details, visit mbvancouver.ca/corporate-fleet
For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Mercedes-Benz Boundary Mercedes-Benz North Shore Mercedes-Benz Richmond Mercedes me Mercedes-Benz Vancouver 3550 Lougheed Highway, 1375 Marine Drive, 5691 Parkwood Way, Aberdeen Centre, 550 Terminal Avenue, Vancouver | D#6279 North Vancouver | D#6277 Richmond | D#6278 Richmond | D#6278 Vancouver | D#6276 For more information on Special Corporate Sales Offers, call Randall Desbrisay at 604-351-5290 or email randall.desbrisay@mercedes-benz.ca Open Sunday: 12pm – 5pm Open Sunday: 12pm – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 7pm ©2018 Mercedes-Benz Canada Inc. Shown above is the 2018 GLC 300 4MATIC with optional equipment andNorth wheels. National MSRP startsMercedes-Benz at $45,900. TotalRichmond price starts at $49,165, which includesme freight/PDI of Mercedes-Benz Boundary Mercedes-Benz Shore Mercedes Mercedes-Benz Vancouver $2,595, documentation of $75.Highway, Vehicle options, fees and taxes Vehicle are extra.Way, Dealer may lease or financeAberdeen for less. Offer may change 3550 Lougheed 1375extra. Marine Drive,license, insurance, and registration 5691 Parkwood Centre, 550 Terminal Avenue, fee of $595, and fuel surcharge without notice. Visit mbvancouver.ca or your local Mercedes-Benz full details| or call the Mercedes-Benz Vancouver Care at 604-351-5290. Richmond | D#6278 | D#6276 | D#6279Vancouver Retail Group store | D#6278 Vancouver Northfor Vancouver RichmondCustomer Vancouver D#6277 Open Sunday: 12pm – 5pm Open Sunday: 12pm – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 5pm Open Sunday: 11am – 7pm ©2018 Mercedes-Benz Canada Inc. Shown above is the 2018 GLC 300 4MATIC with optional equipment and wheels. National MSRP starts at $45,900. Total price starts at $49,165, which includes freight/PDI of $2,595, documentation fee of $595, and fuel surcharge of $75. 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 mbvancouver.ca or your local Mercedes-Benz Vancouver Retail Group store for full details or call the Mercedes-Benz Vancouver Customer Care at 604-351-5290.
2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd 1
2018-01-05 2:14 PM
RETURN REQUESTED TO: The Canadian Bar Association, BC Branch, 10th Floor, 845 Cambie Street, Vancouver, BC V6B 5T3
2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd 1
2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd
INTERNAL REVISION
Mercedes-Benz
TRIM
9.25" x 11.75"
CLIENT REVISION
TION DATE
02/16/15
BLEED
9.5" x 20.0"
OPERATOR
ION DATE AME UT DATE T
FOLD January 4, 2018 3:04 PM 2018-01-2905-MB-January-GLC-Class-Sedan-Print_Ad-CBABC.indd LIVE 01/05/18 TRIM Mercedes-Benz 9.25" x 11.75" SAFE 8.75" x 11.25"
T
T: 604.417.7865 INTERNAL REVISION E: horsman@123w.ca CLIENT REVISION APPROVALS
1 1
C
M
Y
K
BC Legal Directory
K
BC Legal Directory
RH
1 1
C
TRAPM AT FINAL OUTPUT Y SEEN
APPROVED
2018-01-05 2:14 PM
Material: January 10, 2018 Insertion: 2018 Material:
January 10, 2018