Keep Current: A review of provincial Section meetings.

Pensions and Benefits Law  Meeting: March 14, 2012 Speaker: Scott Sweatman, Spectrum HR Law LLP Topic: Pension Reform: An Unsolicited Report Card		ADR-Vancouver Meeting: March 6, 2012 Speakers: Gwendoline Allison, Valkyrie Law Group LLP Topic: An Update on Recent Defamation Cases of Interest
Legal Research  Meeting: February 22, 2012 Speaker: Do-Ellen Hansen, Borden Ladner Gervais LLP; Karen Leung, Davis LLP; and Carol Whittome, Moore Edgar Olson Lawyers Topic: Panel on Teaching Legal Research		Young Lawyers-Victoria  Meeting: March 15, 2012 Speakers: Michael Lomax, Milton, Johnson; Cally Farr, Registered Clinical Counselor; Theo Schmidt, Certified Financial Planner; Aesha Faux, Brown Henderson Melbye Topic: How to Start a Collaborative Law Practice as a Young Lawyer

Pensions and Benefits Law
Mr. Sweatman discussed the history of pension reform in B.C. and Canada, specifically addressing the B.C.-Alberta Joint Expert Panel on Pension Standards mandate to independently review pension standards in the two provinces. Issues canvassed included pension coverage, costs, complexities and legal risks. Political and legislative nuances and uncertainties have slowed the implementation of pension reform initiatives in B.C. and Alberta. Regulatory Guidelines, including Canadian Association of Pension Supervisory Authorities Funding Policy, must be reviewed with caution as Plan Administrator actions in compliance with the Guidelines may attract liability should the implemented policies not be followed. Mr. Sweatman summarized the pension reform progress to date as below expectations.

 

Legal Research
Ms. Whittome discussed teaching legal research to non-lawyers. The focus was on structuring the course in order to review basic legal research principles (such as the “Facts, Issues, Law, Analysis and Communication” (aka, the FILAC model of legal research), as well as defining principle and secondary resources, and, if there is time, a general review of the legal system and how administrative tribunals fit into this. Do-Ellen Hansen and Karen Leung discussed teaching legal research to summer and articling students, as well as new associates in larger law firm settings. The focus was on reviewing the materials, as well as how to use them cost-efficiently.
Karen mentioned that she provided a five-minute, 10-question test to get their attention. Do-Ellen commented that it was difficult to obtain and maintain attention and that she uses some “scare tactics” to stress the importance of competent legal research (such as mentioning legal liability, costs, and ridicule in court). The group then had an animated discussion about the dearth of legal research courses in law schools, as well as proposing to include a legal research course in the PLTC program.

Municipal Law
Ms. Allison began with outlining the key issues around defamation involving local governments, explaining that damages in such actions tend not to be high, and that actions are usually brought by self-represented plaintiffs as a matter of principle. Ms. Allison discussed the elements of defamation, burden of proof issues and the most commonly used defences in cases involving local governments, which include fair comment, truth and absolute privilege. She then went on to discuss some recent cases: Boehmke v. Grant, 2010 BCSC 682; McVeigh v. McWilliams, 2010 BCSC 34; Hunter v. Chandler, 2010 BCSC 729; McVeigh v. Boeriu, 2011 BCSC 400; Marley v. Kains, 2011 BCSC 1306; and Best v. Weatherall, 2010 BCCA. The meeting was broadcast by live webinar, and a number of remote attendees had registered for the event. A few questions were asked by the attendees in the room at the end of the presentation. The meeting was closed by Section Co-Chair Bryan Jung who presented the speaker with a small token of appreciation.

Young Lawyers Victoria
The speakers presented as a group because Collaborative Family Law (CFL) is an interdisciplinary approach. CFL is a positive partnership between the legal and mental health fields. The speakers performed an exercise in which the audience thought of words, which describe the typical separation or divorce. Those words included adversarial, anxiety, hostile, scary and unpredictable. In contrast, words that symbolize an ideal separation included liberating, freeing, quick, communication, cheap, children first, cooperation, working together, trust and whole. The average length of a marriage in the 1800s was seven years, due to death and resulting in a lot of mixed families. Many of the issues we worry about now were issues then too. We equate divorce with death, something terrible and awful when it should be about a transition/change. Young lawyers can get involved in the CFL process through courses offered by the Continuing Legal Education Society and the International Academy of Collaborative Professionals. The Collaborative Family Separation Professionals will be holding a training program in Victoria, which will count as basic training in early June 2012. For more information regarding the training program, please contact Michael Lomax at mjlomax@mediator.bc.ca.

Section Chairs Spotlight

Melanie Magnusson, Young Lawyers- Lower Mainland

Melanie is a first year call who is currently building her practice working with Laird and Company where she is specializing in tax law and litigation. Melanie has taken on her first year as Chair of the Young Lawyers-Lower Mainland Section with creativity and enthusiasm. The Section held a variety of professional development events, a Christmas social and clothing drive for Covenant House, a “speed-networking” event, and a Judges’ Dinner. Melanie’s goal is to provide more opportunities for young lawyers to develop work-life balance, regional collegial networks and community involvement. Her executive is currently planning a weekly running group, an Easter Seals 24-hour relay team, a golf tournament, a pro-bono pool, and a professional mixer in conjunction with the region’s young business community.

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This article was published in the March 2012 issue of BarTalk. © 2012 The Canadian Bar Association. All rights reserved.