Keep your practice current

By Fran Hodgkins

The following are brief summaries of several recent Section meetings held throughout the province. More detailed information, minutes, and Section Papers from the Section meetings are accessible online at www.cba.org/bc for enrolled CBA members.

ADR – Victoria
Meeting: March 26, 2007
Speaker: M. Jerry McHale, QC, Assistant Deputy Minister, Justice Services Branch, Ministry of Attorney General of B.C.
Topic: The Place of ADR on the Civil Justice Reform Agenda

Mr. McHale provided the Section with an update on civil justice reform initiatives in B.C. and led a discussion about the role of dispute resolution processes in those reform efforts. He has been at the forefront of significant civil justice reform and initiatives for over a decade. His PowerPoint presentation circulated to the members included highlights of the Hub pilot in Nanaimo. The “integration” of services means helping organizations to work more closely (including the Ministry of Health, Social Services, NGO’s, Justice, etc), to make their services known and accessible and to avoid unnecessary gaps and duplication. As part of the HUB pilot in Nanaimo, these services will meet to discuss and clarify their services, availability and linkages – the “Community Panel” approach.

Commercial & Real Estate – Vancouver Island
Meeting: May 10, 2007
Speaker: Brett Horton, Emergis Inc.
Topic: Assyst Real Estate – Paperless Mortgage Transactions are Here!

Brett Horton, a former real estate practitioner who now works for Emergis Inc., presented to members a web-based platform that electronically links lawyers to lenders in real estate transactions. This Section luncheon meeting held in the Barristers’ Lounge at the Victoria Courthouse provided a preview of a new tool soon to be available to residential real estate practitioners in B.C. Mr. Horton described how Assyst Real Estate is designed to reduce many errors through electronic instructing and automatic modifications. The objective is to improve the customer service to both borrower and lender clients.

Mr. Horton shared that Assyst Real Estate has been in use by notaries in Quebec for over five years where 80 per cent of all notaries use it to process mortgages for the National Bank, DesJardins and RBC Royal Bank. Assyst Real Estate is beginning Beta testing in British Columbia for RBC Bank mortgages and in the next year, it is anticipated that other lenders will join in the use of Assyst Real Estate platform to deliver mortgage instructions to solicitors. Mr. Horton finished his presentation with a brief demonstration of Assyst Real Estate, which allowed those in attendance to ask questions about the web-based platform and how it worked. Handouts were made available to members in attendance. Chair, Wendy Everson, found the presentation informative and hopes that the availability of this tool and the willingness of lenders to use it will allow residential real estate practitioners to re-enter and compete in the residential refinance lending market.

Family Law – Vancouver
Meeting: May 3, 2007
Speaker: Scott Booth, Jenkins Marzban Logan
Topic: Spousal Support Advisory Guideline Calculations

Scott Booth, Past Chair of the Family Law – Vancouver Section guided members through a number of the more complicated spousal support calculations, including split and shared custody and step-parent contributions.

“Despite a sunny evening and a Canucks playoff night, about 40 members attended this meeting. They were not disappointed! They enjoyed a lively discussion and debate on how various numbers should be inputted.” – Section Chair, Grace Choi

Case studies were circulated in advance of the meeting. Mr. Booth explained why experienced and competent counsel show up in Court and/or mediations with different calculations using the same facts and software.

Human Rights
Meeting: March 16, 2007
Speaker: Christopher McHardy, McCarthy Tétrault LLP
Topic: Mandatory Retirement in B.C.: The Beginning of the End?

Mr. McHardy presented an educational and thorough review of issues surrounding Mandatory Retirement in British Columbia. Some topics discussed were: The Current Law – B.C. Human Rights Code; Bona Fide Occupational Requirements; Benefits Plans; Collective Agreement Provisions; and Steps for Employers to Prepare for the End of Mandatory Retirement. The informative paper “Mandatory Retirement in B.C.: The Beginning of the End?” was presented by Mr. McHardy, and circulated to members in attendance and with the Section minutes. The question and answer period following the presentation covered issues such as: challenges to entitled benefits; higher risk of litigation regarding mandatory retirement; and undue hardship if many are already accommodated.

Securities Law
Meeting: April 24, 2007
Speaker: Warren Funt, Vice-President, Western Canada, Investment Dealers Association of Canada (IDA)
Topic: Update on the Pending Merger of the Investment Dealers Association of Canada and Market Regulation Services Inc.

An update on the pending merger between the IDA and Regulation Services was provided by Mr. Funt. His presentation included an overview of the development of the self-regulatory organization landscape and the status of self regulation generally. The increased efficiencies and improvement of the overall quality of regulation were identified as the main reasons for the merger. Mr. Funt discussed the status of the merger, including the appointment of the Chief Executive Officer for the merged entity. He also spoke about the information circular which details the merger and which is expected to be distributed to IDA members as part of the approval process.

Section Enrolment 2007-2008
Coming in July – the 2007/2008 Section Enrolment form! With 67 Sections and a Women Lawyers Forum, CBABC members can keep up to date in their practice area and network with colleagues at Section meetings and events. Watch for the special envelope marked “Section Enrolment and Directory Order Forms” in your mail.

This article was published in the June 2007 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2007, all rights reserved.