BarTalk February 2002
Volume 14, Number 1

by Gregory K Steele

In 1997 the Institute was incorporated as a society. The founding members were Arthur Close, QC, Tom Anderson, Martin Taylor QC, Gordon Turriff and myself, Greg Steele.

The original bylaws provided for a membership of 13 consisting of the five members at large plus eight representatives appointed by the Law Society, the CBABC, the Attorney General and the Deans of the two law schools. All the members of the Institute also serve as directors. In 1999, the bylaws were amended and an additional member at large was to be appointed by the other members of the Institute. While the bylaws do not specify that this person cannot be a lawyer or legal academic, it is understood that generally the person appointed will not be one.

Upon its incorporation, the Institute retained the financial support provided by the Law Foundation to the former Law Reform Commission. Arthur Close, QC was hired as interim Executive Director, a position that later became permanent. At planning meetings held early in 1997, the Institute identified three major projects to concentrate on: Modernization of the Trustee Act; Civil Remedies for Sexual Assault; and New Home Warranties. Committees comprised of members of the Institute, members of the bar, academics and representatives of the community were established to carry out the project work.

Of course to do this work, we needed premises. We will be eternally thankful to the Law Society and CLE for making space available for us in the Law Society Building where we made our home for the next 2 ½ years. In December 1999, we moved to our present location, adjacent to the Faculty of Law at the UBC campus.

The work of the project committee on New Home Warranties formed the basis of submissions which were made to The Commission of Inquiry into the Quality of Condominium Construction in British Columbia. The recommendations put forward by the Institute concerning statutory warranties were adopted by the government, in a slightly modified form, in section 23 of the Homeowner Protection Act, which was enacted following the Commission’s report. In recent comments to a meeting of local and county bar presidents sponsored by the CBA, the Attorney General announced that he hoped to introduce legislation this spring implementing recommendations of the Trustee Act Committee.

The five founders were the first members at large and the first appointees were Sholto Hebenton, QC, Prof. James McIntyre, Ann McLean, Doug Robinson, QC, Ravi Hira, QC, Etel Swedahl, Prof. Jamie Cassels and Dr. Albert (Bertie) McLean. Dr. McLean was appointed chair of the Institute but unfortunately other demands on his time forced him to resign from the Institute shortly thereafter. I was appointed chair in his place and Prof. Christine Boyle replaced him as the Dean’s nominee. Martin Taylor, QC was replaced by Trudi Brown, QC in 1999 and upon his appointment as the University of Victoria Law School Dean, Jamie Cassels was replaced by Prof. Hester Lessard. Last October Prof. Martha O’Brien was appointed by the University in place of Prof. Lessard. Cathy Moss who was our first additional member at large was replaced last year by Kim Thorau. At the present time, in addition to Arthur Close QC, we now employ Margaret Hall and Caroline Carter, our two staff lawyers.

Greg Steele is a partner of Steele Urquhart Payne where he practises civil litigation. He is Chair of the British Columbia Law Institute and currently serves on two of its Project Committees – Updating the Limitation Act and The Law and the Elderly.

To celebrate its 5th anniversary, the BC Law Institute will host a lecture on law reform on Thursday, March 14, 2002 at 5:30 pm at the Law Courts Inn at which the Honourable Mr. Justice Kenneth G. Mackenzie, a former Commissioner of the BC Law Reform Commission and presently the Court of Appeal liaison to the Institute, will be the featured speaker.

This article was published in the February 2002 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.