April 15, 2013 InForum Issue

Society news

With a new Council assuming office in June, all Committees will soon need to be reappointed. The Society invites those interested in serving on one of its committees to complete the brief Expression of Interest found on our website’s Forms page or otherwise advising the Executive Director ( of your interest. They should be submitted by April 26, 2013.

The full list of applicable Committees and their terms of reference are noted on the application form at the link below:

2013-15 NSBS Committees – Expression of Interest

Service on a Society Committee is an important way that lawyers can participate in the governance of the profession and the Society’s work. If you are interested in serving but would like to discuss the requirements, expectations or any other matter, feel free to contact any of the Society’s Officers:


The next regular meeting of Council is scheduled for this Friday, April 19, 2013. The agenda and meeting documents are now available on the Council materials page of the Society's website:


Professional Responsibility

The Society, along with most other law societies, is experiencing an increase in complaints and prosecutions involving allegations of fraud in real estate and mortgage transactions. Property practitioners must always be vigilant and exercise due diligence, especially when acting for more than one party. Of particular risk are transactions in which a lawyer represents the purchaser, vendor and lender. These risks become greater when the vendor operates or has close affiliations with other businesses, such as mortgage brokering or lending.

Fraud schemes in which lawyers in Nova Scotia have willingly or unwittingly become involved at the behest of clients have included such transactions as the following:

  • mortgage value fraud, through inflated purchase and sale agreements presented to lenders;
  • property value fraud, with the intent to obtain higher amounts of financing than the property at fair market value can support (e.g., ‘flipping’ properties in rapid succession with dramatic increases in value, even within the same day);
  • the use of false ‘gift’ letters as forms of deposits to support financing; and
  • transfers of properties for increasing values in relatively short periods of time between a small group of clients and third parties who are not operating at arm’s-length (refer to Nova Scotia Barristers' Society v. Raymond Jacquard, 2012 NSBS 1 and Nova Scotia Barristers' Society v. Michael Hayes, 2011 NSBS 1).

Such cases have also often involved large payments to third parties not directly associated with the transactions; for example, a $10,000 payment to a party for introducing the purchaser client to the vendor, which amount is paid from the mortgage proceeds by way of an inflated sale price and without the knowledge of the lender.

Lawyers must exercise extreme caution and closely follow all relevant rules in the Code of Professional Conduct and the Real Property Practice Standards, particularly in transactions in which you represent more than one party. In these situations, there are real risks of conflict of interest, of enabling fraud or dishonesty by a complicit client, or failing to protect the innocent client. Practising in a way that minimizes your involvement with clients and in ‘routine’ real estate files, and inappropriate delegation of lawyers’ work to non-lawyer staff also present significant risks. Lawyers who have failed to be attuned to these risks and to minimize them have been disbarred, or suspended for lengthy periods, and lost their ability to practise real estate law. They have also seriously damaged the reputation of the legal profession, without which the real property transaction business could not effectively operate.

The Society promulgates rules of conduct, standards and regulations to assist lawyers in providing strong client service, and also to uphold the Society’s mandate to protect the public. These include your duties of integrity (section 2.1 of the Code), honesty and candour with clients (3.2), competence (3.1), quality of service (3.2), conflicts of interest (3.4), preventing dishonesty and fraud by a client (3.2), preservation of clients’ property (3.5 and Part 10 of the Regulations), duty to withdraw (3.7), duty to supervise and prevent unauthorized practice (6.1 and 7.6), Real Property Practice Standard 1.7 (conflict), and Regulation 4.5 respecting client identification rules.

In recent investigations by the Society involving real property and/or mortgage fraud allegations, the names of certain third parties have repeatedly come up as persons of interest in our investigations and, subsequently, investigations by the authorities. Pursuant to Section 40(2)(e) of the Legal Profession Act, the Complaints Investigation Committee (CIC) can authorize the Executive Director to publish certain information respecting complaint investigations where it is in the public interest to do so.

On this basis, the CIC and the Executive Director have authorized the release to the membership of the name of Perry Rockwood as a person who has been of interest in these recent complaint investigations. This name is being released in order to advise members to exercise extreme caution when representing clients who have dealings with Perry Rockwood in any of his various capacities. We are aware that Perry Rockwood has been involved to one extent or another with businesses including Perry Rockwood Mortgage Services, First Time Homeownership Program, Rockwood Real Estate Limited, Centum Mortgage Specialists Inc., and Sunnyvale Mini and Modular Home Construction.



This feature is available in every edition of InForum, for timely updates on changes of category.

The Society welcomes the following lawyers, called to the Nova Scotia Bar since April 2:
Vikaas Bansal
Jessica Michelle Drohan
Thomas Leonard MacLaren
Mary Bernadette MacLeod
Jennifer Dawn Snow

The following members have changed to the Practising Lawyer category:
Rebecca Dawn Gasek
Angela Jones-Rieksts

The following member has changed to Suspended status:
Gordon Wallace Blackmore (effective April 1, 2013, pursuant to Regulation 4.6.1 for failure to pay membership fees) 

Access to Justice

In this special issue of the Windsor Yearbook of Access to Justice, we invite submissions dealing with social justice in access to knowledge in the broadest sense. Without limiting the scope of the subject-matter and its treatment, we would especially welcome timely and topical papers that focus on access to knowledge and its intersection with development issues, cultural rights, intellectual property rights, international human rights, international trade, open access publishing, the A2K movement or any combination thereof.

Deadline for submissions is May 31, 2013

Articles, case/legislation comments and notes, book reviews or other manuscripts will be considered for review. Manuscripts must conform to the Canadian Guide to Uniform Legal. Manuscripts should be submitted in electronic form as a Microsoft Word file.

Please see the Yearbook website at for submission guidelines and other

Tips from LIANS

We have received reports from numerous lawyers who received the following “Loan Default Case” scam email from “Sebastian Aksel”. The email appears as below:

Dear Attorney,

I am contacting you in regards to a loan default case that require immediate attention in your state and I believe you are capable of handling this matter. Please let me know if you are available to take on this case, as more information will be given to you upon your confirmation of availability. I await your prompt response.

Sebastian Aksel

Lawyers who received this email simply dismiss them and any subsequent communications they receive from “Sebastian Aksel”.

If in doubt, remember that you must always confirm a prospective client’s identification in accordance with the Client ID Regulations of the Nova Scotia Barristers’ Society. Be sure to Google any potential clients you are unable to meet in person, do not deposit cheques in advance of a deal being signed and do not release funds until you verify with your bank that the cheque has cleared.

If you do decide to proceed with a transaction, be sure to go to the bank website to verify branch transit number, address and phone number on the cheque. Wait until the bank confirms that the funds are legitimate and are safe to withdraw from the deposit. Where possible, use the Large Value Transfer System (LVTS), an electronic funds transfer system that allows large payments to be exchanged securely and immediately.

For tips to avoid being victimized, read a list of "Red Flags”, and visit the Fraud section on To report or seek advice on dealing with fraud and scam attempts, contact Cynthia Nield at or 902 423 1300, x346.


The following is an article excerpt from Homewood Human Solutions™, your health and wellness provider.

Grandparents play a vital role in today’s society – from far or near, grandparents can provide continuity and stability in a child’s life. Grandparents have the benefit of being able to interact on a level that is once removed from the day-to-day responsibilities of parents and for children, the grandparent/grandchild bond is like none other.

There is a major difference between parenting and grandparenting – and if you fail to appreciate the difference, conflict can ensue. If you are a grandparent, talk to your son or daughter and their spouse about what role they would like for you to have with their children. Let them know if, for example, you are not interested in babysitting, but would like to share other activities with each grandchild. When it comes to buying expensive gifts, discuss it first with the parents. Be sure to listen and maintain ongoing, open lines of communication. Let them learn from their mistakes, just as you did.

Share the things you love to do with your grandchildren. Whether it’s baking, fishing or playing cards, children will cherish those memories.

Encourage them to share their interests with you. The latest books they’ve read or their hobbies; go to movies, concerts, museums and other places that allow you to be together and exchange ideas and opinions.

Take a trip with them and involve them in the planning of it. Have them spend vacation time with you in order to create some special memories. At the end of your time together create a photo album for their ongoing memories.

Try to spend one-on-one time with each grandchild in order to give them personal attention in a relaxed atmosphere. This will help each grandchild truly blossom and be able to share their feelings, desires and dreams.

Remember your grandchildren are being raised in a different world than the one in which you raised your children. If some discipline is required, try to be as laid back as possible. Be flexible about the rules of everyday living such as diet or bedtime.

Even if your grandchildren live far away, it is still possible to build a close relationship with them. When they are very young, you will need to involve their parents but as they get older, you can engage them directly by phone, internet or mail. Stay in touch with grandchildren even as they grow into teenagers – be prepared to talk about some lively topics!

An important role for grandparents is that of family historian. Make it a point to tell your grandchildren stories about your childhood, as well as that of their parents, your parents, their aunts and uncles and other family members, so they can see how they fit into the family tree. Telling family stories helps foster a sense of connection and family tradition.

The bottom line
Everyone’s idea of what the role of a good grandparent is will vary depending on personal goals and family traditions. You can be many things to your grandchildren – their friend, confidant, role model and more.

Being a good grandparent today requires all the wisdom, understanding, patience and love you have acquired throughout your lifetime. Developing a loving relationship between two generations takes time, interest and concern. It is an opportunity to experience the world in a new way through younger eyes, play, ‘fall in love’ again and to appreciate the magic of the developing mind.

The unconditional love and support of a grandparent can offer much-needed stability and serve as a healthy role model in the life of their grandchild.

Supporting grandparents parenting grandchildren
The challenges faced by grandparents who are raising their grandchildren can be daunting, but they are surmountable. Often grandparents become parents as the result of a divorce, death, incarceration, alcohol and drug use, physical abuse or abandonment. Should this be the case, the grandparents may not know where to turn, and may be in need of basic information as well as counselling, support and respite.

You can help out in practical ways by offering to take the kids or arranging play dates with your children, providing financial support, have the family over for holiday meals, summer BBQs or an evening of fun and games.

For additional information, support, resources and counseling on grandparenting, visit the NSLAP website at Please note that NSLAP is your “company” name when you register. When you call the NSLAP number at 1-866-299-1299, (Français: 1-866-398-9505; TTY: 1-888-384-1152) Your call will be answered any time, day or night, 365 days per year.


Although our mobile devices help make us accessible almost 100 per cent of the time, voicemail is still an essential communication tool for those times when you are not. Here are some tips to ensure your voicemail is working for you:

  1. Update your outgoing message on a daily basis; this will ensure your clients know that you are in the office but not available to take their phone call;
  2. If you are away from the office, indicate when you’ll be returning and give the caller the option of transferring to someone else should their matter be urgent;
  3. Encourage the caller to leave a detailed message; it gives you an idea of what the call is about and ensures you will allocate the right amount of time to address the issue when you return their message;
  4. State your policy with respect to how quickly voice mail messages will be returned;
  5. Give your caller the option of leaving a traditional message with your receptionist or assistant; some callers are not comfortable leaving messages on voicemail.

When leaving a voicemail message, say who are you are, where you are calling from, and the reason for your call. Indicate times when you will not be available for a return call. When leaving your return phone number, say it slowly and repeat it, in case it wasn’t clear the first time.

If you have any questions on these, or any other risk- or practice-related matters, do not hesitate to contact Stacey Gerrard, LIANS Counsel with the Risk and Practice Management Program at or call 423-1300 ext. 345.



In cases below where no link is present, the decision was not yet available on CanLII at the time of InForum publication. Consult the Courts of Nova Scotia Twitter feeds or Decisions Database. This notice has been prepared by Society staff in Library & Information Services.

BANKRUPTCY Sheard (Re), Court No. B-35337;   Estate No. 51-1465773, Cregan, Registrar in Bankruptcy, April 5, 2013. 2013 NSSC 119

CONTRACTS Stuckless v. Springle, Claim No. S.C.C.H. 398200, Parker, Adjudicator, April 8, 2013. 2013 NSSM 11

CRIMINAL LAW R. v. MacDonald, No. 2311257;   2311258, Williams, J.P.C., March 18, 2013. 2013 NSPC 18

CRIMINAL LAW R. v. Z. (L.B.), No. 2207574;   2207575, Williams, J.P.C., March 11, 2013. 2013 NSPC 19

CRIMINAL LAW R. v. Roshanimeydan, Hfx. No. 407679A, Warner, J., March 18, 2013. 2013 NSSC 106

CRIMINAL LAW R. v. J., C.R.K. No. 358543, Warner, J., March 20, 2013. 2013 NSSC 107

CRIMINAL LAW Nova Scotia (Civil Forfeiture) v. Allen, Tru. No. 366302, Wood, J., March 19, 2013. 2013 NSSC 109

CRIMINAL LAW R. v. Probert, C.A.C. No. 397960, Farrar, J.A., March 22, 2013. 2013 NSCA 38

CRIMINAL LAW R. v. Callender, C.H.R. No. 311461, Cacchione, J., March 20, 2013;   February 19, 2013 (orally). 2013 NSSC 95

CRIMINAL LAW R. v. George, C.A.C. No. 374959, Saunders, J.A., April 3, 2013. 2013 NSCA 41

CRIMINAL LAW R. v. T. (B.D.), No. 2515248, 2517614, 2515249, 2550468, 2550469, 2550681, 2550682, 2550683, 2550684, 2550685, Atwood, J.P.C., April 3, 2013;    March 20, 2013 (orally). 2013 NSPC 22

CRIMINAL LAW R. v. Clarke, CR.K. No. 282550, Cacchione, J., April 30, 2009. 2009 NSSC 146

CRIMINAL LAW R. v. Hobbs, CR.H. No. 288101, Cacchione, J., September 22, 2009. 2009 NSSC 282

CRIMINAL LAW R v. Keyes, No. 2400582-84;    2401349-50;    2401354-56, Tufts, J.P.C., September 22, 2009. 2013 NSPC 25

CRIMINAL LAW R. v. T. (B.), No. 2388561;    2388562;    2388563;    2388564;    2388565, Derrick, J.P.C., March 28, 2013. 2013 NSPC 23

EVIDENCE Nova Scotia (Securities Commission) v. Potter, Hfx. No. 334479, Rosinski, J., June 16, 2011. 2011 NSSC 240

FAMILY LAW Blois v. Blois, C.A. No. 408553, MacDonald, M. C.J., March 22, 2013. 2013 NSCA 39

FAMILY LAW Nova Scotia (Community Services) v. H. (B.), No. 76577, Haley, J., February 19, 2013. 2013 NSSC 59

FAMILY LAW Nova Scotia (Community Services) v. B. (F.), S.F.H.C.F.S.A. No. 076632, Lynch, J., March 12, 2013. 2013 NSSC 100

FAMILY LAW Nova Scotia (Community Services) v. B. (A.), Lynch, J., March 12, 2013. 2013 NSSC 101

FAMILY LAW Gaunt v. Hawes, C.A. No. 406161, Beveridge, J.A., March 27, 2013;    March 26, 2013 (orally). 2013 NSCA 40

FAMILY LAW Marchand v. Boudreau, S.F.P.A.M.C.A. No. 068129, Legere-Sers, J., March 12, 2013. 2013 NSSC 93

FAMILY LAW MacDonald v. MacDonald, No. 1217-000777, Legere-Sers, J., March 11, 2013. 2013 NSSC 94

FAMILY LAW Goodine v. Goodine, No. 1201-065449;    S.F.H.D. No. 076214, Williams, J., March 12, 2013. 2013 NSSC 98

FAMILY LAW B. (M.A.) v. B. (L.A.), No. 1201-065983;    S.F.H.D. No. 079735, MacDonald, B. J., March 12, 2013. 2013 NSSC 89

FAMILY LAW MacLean v. MacLean, No. 1217-000704, Legere-Sers, J., March 28, 2013. 2013 NSSC 92

FAMILY LAW N. (H.A.) v. Nova Scotia (Minister of Community Services), CA no. 408964, Fichaud, J.A., April 10, 2013. 2013 NSCA 44

INCOME TAX R. v. Martin, No. 2276770 - 2276795, Atwood, J.P.C., March 20, 2013. 2013 NSPC 21

INTELLECTUAL PROPERTY R. v. Roué, Hfx No. 407754, Rosinski, J., March 15, 2013. 2013 NSSC 102

MAINTENANCE Armoyan v. Armoyan, C.A. No. 407024, Saunders, J.A., April 5, 2013. 2013 NSCA 42

MORTGAGES Bank of Nova Scotia v. Francis et al., Hfx. No. 355523, McDougall, J., March 26, 2013. 2013 NSSC 115

MOTOR VEHICLES R. v. Gillis, Hfx. No. 407833A, Duncan, J., March 18, 2013;    February 6, 2013 (orally). 2013 NSSC 104

MOTOR VEHICLES R. v. Cougias, S.P. No. 405681, Scaravelli, J., March 20, 2013. 2013 NSSC 113

MOTOR VEHICLES R. v. Balcom, No. 2413892, Williams, J.P.C., April 5, 2013. 2013 NSPC 26

PRACTICE Thomas v. Yuille Auto Works, Hfx. No. 408993, Coady, J., March 14, 2013. 2013 NSSC 97

PRACTICE Royal Bank of Canada v. Moffat et al., Hfx. No. 408843, Wood, J., March 21, 2013. 2013 NSSC 111

PRACTICE Mercier v. Nova Scotia (Attorney General) et al., C.A. no. 400079, Fichaud, J.A., April 10, 2013. 2013 NSCA 43

REAL PROPERTY Hiltz v. 2420188 Nova Scotia Ltd., Hfx. No. 328319, Moir, J., March 20, 2013. 2013 NSSC 112

TORTS Savoury v. Nova Scotia (Attorney General), C.A. No. 389970, Beveridge, J.A., March 20, 2013. 2013 NSCA 36

WORKERS' COMPENSATION McGrath v. Nova Scotia (Workers’ Compensation Board), C.A. No. 359340, Saunders, J.A., March 20, 2013. 2013 NSCA 37


The Nova Scotia Courts have posted new court fees, in effect April 1, 2013:

Find a complete list of the provincial government's new user fees, including Court Costs and Fees, on the Department of Finance website at

Please note, the fee for Notary applications has changed to $25.75.  


The following decisions were released on the Supreme Court of Canada Judgments website since the last InForum. The subject headings and summaries have been prepared by the Supreme Court of Canada. This notice has been prepared by Society staff in Library & Information Services.

April 4, 2013

Ediger v. Johnston
Neutral citation: 2013 SCC 18 (CanLII)
File No.: 34408.
2012: December 4; 2013: April 4.

Present: McLachlin C.J. and LeBel, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ.

On Appeal from the Court of Appeal for British Columbia

Torts — Negligence — Causation — Doctor attempted midlevel forceps delivery of baby — Baby’s umbilical cord became compressed, causing bradycardia and brain injury — Doctor did not arrange for backup Caesarean section delivery or advise mother of midlevel forceps delivery risks prior to attempting forceps delivery — Whether doctor’s attempted forceps delivery caused bradycardia — Whether doctor’s failure to arrange for backup Caesarean section delivery or to advise mother of midlevel forceps delivery risks prior to attempting forceps delivery caused baby’s injury.

C suffered from persistent bradycardia during her birth, which led to her severe and permanent brain damage. After C’s mother’s labour did not progress as anticipated, the doctor decided to attempt to deliver C using a mid‑level forceps procedure. Prior to initiating the procedure, the doctor did not inform C’s mother of the material risks of a mid‑level forceps delivery, which included bradycardia, and did not inquire into the immediate availability of surgical backup to perform an emergency Caesarean section in the event of bradycardia. After the doctor applied the forceps, he decided to abandon the procedure and left the labour room to make arrangements for a Caesarean section. In the minutes that followed, C’s umbilical cord became obstructed, leading to persistent bradycardia. C was delivered by Caesarian section approximately 18 minutes after the onset of the bradycardia and now suffers from spastic quadriplegia and cerebral palsy. The trial judge found that the doctor’s application of the forceps likely caused the obstruction of C’s umbilical cord that led to the bradycardia because the forceps displaced C’s head and left a space into which the cord fell and became compressed upon a subsequent maternal contraction. The trial judge found that the doctor breached the standard of care, which required him to have surgical backup immediately available before attempting the mid‑level forceps procedure and to obtain the mother’s informed consent for that procedure. The doctor, however, successfully appealed from the trial judge’s finding that his breaches of the standard of care caused C’s injury.

Held: The appeal should be allowed.

April 5, 2013

Penner v. Niagara (Regional Police Services Board)
Neutral citation: 2013 SCC 19 (CanLII)
File No.: 33959.
2012: January 11; 2013: April 5.

Present: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Cromwell and Karakatsanis JJ.

On Appeal from the Court of Appeal for Ontario

Civil procedure — Issue estoppel — Administrative law — Police disciplinary proceedings — Complaint alleging police misconduct brought under Police Services Act, R.S.O. 1990, c. P.15 (“PSA”) — Civil action for damages arising from same incident also commenced — PSA hearing officer finding no misconduct and dismissing complaint — Motion judge and Court of Appeal exercising discretion to apply issue estoppel to bar civil claims on basis of hearing officer’s decision — Whether public policy rule precluding applicability of issue estoppel to police disciplinary hearings should be created — Whether unfairness arises from application of issue estoppel in this case.

P was arrested for disruptive behaviour in an Ontario courtroom. He filed a complaint against two police officers under the PSA, alleging unlawful arrest and unnecessary use of force. He also started a civil action claiming damages arising out of the same incident. The hearing officer appointed by the Chief of Police under the PSA found the police officers not guilty of misconduct and dismissed the complaint. That decision was reversed on appeal by the Ontario Civilian Commission on Police Services on the basis that the arrest was unlawful. On further appeal, the Ontario Divisional Court concluded that the officers had legal authority to make the arrest and restored the hearing officer’s decision. The police respondents then successfully moved in the Superior Court of Justice to have many of the claims in the civil action struck on the basis of issue estoppel. While finding several factors weighed against the application of issue estoppel, the Ontario Court of Appeal concluded that applying the doctrine would not work an injustice in this case and dismissed P’s appeal.

Held (LeBel, Abella and Rothstein JJ., dissenting): The appeal should be allowed.


The following proclamations were published in the Royal Gazette, Part II since the last issue of InForum:

An Act to Amend Chapter 92 of the Revised Statutes, 1989, the Consumer Protection Act, to Ensure Fairness in Cellular Telephone Contracts, S.N.S. 2012, c. 19, s. 3
NS Gaz Pt 2, 04/05/2013
NS Reg 58/2013

This notice has been prepared by Society staff in Library & Information Services.

News releases from the provincial government are available at this link, and are searchable by department and date:

The following are some announcements since the last edition of InForum:   

EXECUTIVE COUNCIL: Applications sought for Adjudicative and Non-Adjudicative Boards (April 5)

JUSTICE: Find all DOJ announcements at

  • Attorney General seeks options for Parsons' case (April 9)
  • Crime Prevention Grants awarded to community organizations (April 8)

SNSMR: Find all news releases at

  • Amendments to Solemnization of Marriage Act reduce wait for marriage licences (April 3) 

LABOUR/ADVANCED EDUCATION: Province thanks outstanding volunteers (April 15)



FINANCE: Find all Department of Finance announcements at

  • Budget Highlights for the Fiscal Year 2013-14 (April 4)
  • Budget 2013 Brings Province Back to Balance (April 4)

HEALTH AND WELLNESS/COMMUNITY SERVICES: Public to help redesign residential and related services for seniors and persons with disabilities (April 12)

NATURAL RESOURCES: Province seeks community forests proposals (April 15)

TRANSPORTATION/INFRASTRUCTURE RENEWAL: Second phase Fair Auto Insurance reforms implemented (April 3)





A number of new Land Registration Act and Registry Act Error & Omission notices have recently been posted online. Please note the new notices from the Colchester County Land Registration Offices.

To view these notices in full, refer to the Errors & Omissions page on the Property Online (PO) website.

Other news

The Involuntary Psychiatric Treatment Act is undergoing an independent review. For more information about the review, its discussion document and details on how to provide input, please visit:

The Involuntary Psychiatric Treatment Act is the legislation that governs the provision of psychiatric treatment on an involuntary basis to those who are determined to be incapable due to mental illness to make decisions about admissions into hospital and treatment for themselves. In force since July 2007, the legislation requires that two reviews of the Act must take place in 2012-2013. The first review requires the Minister to look at community treatment orders under the Act. The second review, now underway, requires the Minister to have an independent review of the entire Act done.

Individuals and organizations will be able to provide input to the review through public meetings and targeted consultations. You may also provide input online, by sending written input by mail or email, or by calling the toll-free phone number and leaving your feedback in a voice message. 

The independent review is expected to provide recommendations to the provincial government in early July 2013.

Federation of Law Societies of Canada
2014 National Family Law Program
Whistler, British Columbia
Whistler Fairmont
July 14-17, 2014

Planning for the National Family Law Program in 2014 is underway. We are inviting submissions of proposals for Papers/Presentations under the following guidelines:

  1. One-page outline of topic(s), format of presentation and estimated time for presentation or workshop.     
  2. Your agreement to provide an original written paper on the topic(s) by May 30, 2014.
  3. Your agreement to participate in other presentations as workshop leader or panelist if required.
  4. Please include a copy of your curriculum vitae and co-presenters with your submission.

Your proposal must be received no later than May 30, 2013

Please submit your Family Law proposal by mail to:

Heather Walker
Program Co-coordinator
P.O. Box 244
Woodville, ON   K0M 2T0
or email:
(Please identify the proposal as a submission for the 2014 program on the subject line of the email)

Note: Presenters will receive a contribution toward travel and accommodation expenses.

For program updates and complete instructions regarding the Call for Papers, please refer to the following website:
Federation of Law Societies of Canada website

The Law Reform Commission of Nova Scotia has published its Final Report on the Builders’ Lien Act. The Report is available online, here. The Report makes the following recommendations concerning the retention and release of holdbacks under the Act:

1) Subcontractors should be permitted to apply for early payment of holdbacks as their work is completed, once all liens thereunder have expired;

2) Payors should retain a ‘finishing holdback’ of 10% of the work remaining to be done following substantial completion, rather than 2.5% of the total contract price;

3)  The Act should require notice of substantial completion of the project, both at the job site and in a designated, publicly available resource or publication such as an online registry or trade newspaper.

The Report also recommends that builders’ lien actions for amounts below the Small Claims Court monetary limit ought to be capable of being referred for a hearing in Small Claims Court. Litigants are currently required to bring lien actions in the Supreme Court, regardless of the size of the claim. The Commission considers that providing for a reference of such cases to be heard before a Small Claims Court adjudicator will improve access to justice.

For more information please contact the Commission's Executive Director, Angus Gibbon.

When social networks trigger thousands of visits to a legal research website in single day, it signals a phenomenon worth examining.

This was the case for CanLII on Thursday, April 4th, Read more in CanLII's April 10 blog post, in the news area at

If you are the author or reader of a blog that would be of interest to the Nova Scotia legal profession, please share your suggestions with InForum by emailing 

Talbot House near Sydney has reopened & is now accepting applications for the men’s residential program. 

For details, see the Talbot House website at or phone (902) 794-2852.

Founded in 1959 by Father John G. Webb, Talbot House has been guiding the addiction recovery and rehabilitation of men from across Nova Scotia and throughout Atlantic Canada. Talbot House is a vibrant caring, innovative and healing community created by individuals participating in long-term recovery from addictions through self-discovery and growth in a life-giving environment of faith, hope and courage.

Also see:

Talbot House celebrates reopening
CBC News, April 15, 2013

Talbot House opens doors to public on eve of welcoming its first residents
Cape Breton Post, April 14, 2013

The Law Reform Commission of Nova Scotia is reviewing the Matrimonial Property Act.  The Commission invites members of the profession to offer comments and suggestions regarding possible amendments to the Act. 

The Commission has prepared an online survey for family law lawyers, available here. The survey asks respondents to share experiences working with the Act. The survey is part of the Commission's effort to understand how the Act is working for Nova Scotians, and the broader context in which the Act operates, from the perspective of those who work with it.

The Commission has also prepared an online survey for non-lawyers, here. We invite you to bring this survey to the attention of your clients and others who may have relevant experiences to share.

Please direct any questions to the Commission's Executive Director, Angus Gibbon.

(News item From FLSC, April 5, 2013) The regulation of the legal profession by Canada’s law societies provides an effective and constitutional way to fight money laundering and terrorist financing, the Court of Appeal for British Columbia has ruled.

In a judgment handed down April 4, 2013, the Court  said if the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the related regulations were applied to the legal profession, they would interfere with the independence of the Bar to an unacceptable degree. The Court held that independence of the Bar is a principle of fundamental justice under the Canadian Charter of Rights and Freedoms.

“That is a crucial point,” says Gerald Tremblay QC, Ad.E, President of the Federation of Law Societies of Canada. “In this decision, the Court of Appeal has held that the independence of the Bar is a principle of fundamental justice, and dismissed the appeal on that basis.”

The case was brought to the Court of Appeal by the federal government following a B.C. Supreme Court decision in September 2011. That decision also said that the anti-money laundering rules imposed on the legal profession by Canada’s law societies are effective, and that the application of the federal regime to the legal profession would be unconstitutional. The Federation of Law Societies of Canada was supported in its position by the Law Society of British Columbia, the Barreau du Québec, the Chambre des notaires du Québec and the Canadian Bar Association.

The Federation had argued the case on a theory of three principles of fundamental justice: solicitor-client privilege, the lawyer's duty of undivided loyalty to the client and the independence of the Bar. The Federation’s position is that the federal legislation is also unnecessary for the legal profession because Canada’s law societies have already implemented rules requiring legal professionals to identify their clients, and prohibiting them from accepting large amounts of cash from clients except in certain limited circumstances.  

The parties had previously consented to a court order agreeing that the legislation would not be applied to the legal profession pending the resolution of the constitutional challenge, so the Court’s decision preserves that status. The parties also agreed in advance that the decision from the B.C. Courts would be binding across Canada. 

“We are pleased that the Court of Appeal has identified the importance of the issue of independence of the Bar, as well as again recognizing the important and proactive role the law societies are playing in the fight against money laundering" the President of the Federation of Law Societies, said Mr. Tremblay. In its decision, the Court of Appeal said that “the regulation of lawyers by the law societies minimally impairs the rights of clients and lawyers while providing an effective and constitutional anti-money laundering and terrorist financing regime.”

The decision says the federal Anti-Money Laundering regime “engages the liberty interests of both clients and lawyers in a manner which does not accord with principles of fundamental justice”. The Court also held that independence of the Bar is a principle of fundamental justice and that this principle is infringed by the (federal) Regime.

The  model “no-cash” and “know-your-client” rules developed by the Federation are two key components of the law societies’ initiatives to fight money laundering. Members of the legal profession are prohibited from accepting more than $7,500 or more in cash to ensure that lawyers cannot be used by clients to launder illicit funds. They are also bound by strict “know-your-client” rules to ensure that they are providing advice only to bona fide clients whose identity can be reliably ascertained. The model rules are available on the Federation web site,

The federal government has 60 days from the date of the Appeal Court decision to decide if it will seek leave to appeal to the Supreme Court of Canada.

The Federation was represented in these proceedings by John Hunter QC, of Hunter Litigation Chambers, and Roy Millen of Blake, Cassels & Graydon LLP.

The full text of the judgment from the B.C. Court of Appeal is available on CanLII.




Legal Aid Saskatchewan is seeking lawyers:

Yorkton Area Office – in the areas of adult/youth criminal law and family law.

Regina City Area Office – in the area of family law.

Legal Aid Saskatchewan promotes access to justice for eligible persons through the provision of quality legal assistance.

Applicants should be Lawyers entitled to practice in Saskatchewan with experience in litigation in Provincial and Superior Courts. Placement within the salary range [$72,498 to $130,768] is commensurate with experience; time off and other benefits are generous. The position is within the Union.  

This is an opportunity for people who see the practice of law as more than just a job. This is an opportunity to help people who really need it, every day, and to hone your legal skills while doing so.

We encourage applications from people of Aboriginal ancestry, persons of a visible minority group, persons with disabilities and women seeking management and non-traditional roles. Legal Aid Saskatchewan has an employment equity program approved by the Saskatchewan Human Rights Commission.

Please forward resume with references prior to April 22, 2013 to:

Human Resources
Legal Aid Saskatchewan – Central Office
#502 - 201 21st Street East
FAX: (306) 933-6764

NOTE: We thank all applicants, however only candidates to be interviewed will be contacted.

Growing law practice in Upper Tantallon is seeking an Associate Lawyer to join a busy sole practitioner in a general practice. The ideal candidate should be willing to assist in areas of Real Estate, Corporate, Business Law, Wills & Estates and Family law, as well as build their own practice. This is a great opportunity for someone to build a litigation practice. 

Newly called lawyers are welcome to apply, although some experience is preferred. The successful candidate will have a high level of professionalism and interpersonal skills. Compensation will be commensurate with experience. The position is available immediately.

If you are interested in this position, please contact us at .

Want to make a difference? If you have an interest, we have a committee.

The Province of Nova Scotia is accepting applications from individuals interested in being appointed to serve on its various Adjudicative and Non Adjudicative Agencies, Boards and Commissions (ABCs).

To learn more visit
or call 1-902-424-4877 in HRM (Toll-free: 1-866-206-6844).

The Province of Nova Scotia is an equal opportunity employer. Through the Employment Equity Policy, the Government of Nova Scotia seeks to better represent the diverse public it serves. Government is committed to ensuring diversity in the workplace by supporting initiatives that promote the equitable participation of Aboriginal persons, African Nova Scotians and other racially visible persons, persons with disabilities, and women in positions where they are under-represented. We value the representation of citizens of all ages. All applicants who are members of an employment equity group are encouraged to self-identify.


Specific Land Claims Legal Advisor

The Confederacy of Mainland Mi’kmaq (The CMM) is a Tribal Council representing six Mi’kmaq communities of mainland Nova Scotia. Our mission is to proactively promote and assist Mi’kmaq communities’ initiatives towards self-determination and enhancement of community. The CMM is located in the Millbrook Mi’kmaw Community in Nova Scotia and has over 60 employees. The Culture and History Unit is currently looking for an energetic, independent candidate to fill the role of Specific Land Claims Legal Advisor.

Reporting to the Executive Director, the Specific Land Claims Legal Advisor is responsible to work with our Research Department in the development of legal opinions/statement of facts for specific land claims submissions.

Position duties:

  • The Legal Advisor will be responsible for the research and development of Specific Land Claims Legal Opinions and Statement of Facts for submission to Specific Claims Branch AANDC; and
  • Other duties include but not limited to preparing and presenting Legal Opinions and Statement of Facts to beneficiary bands as required.

Position requirements:

  • Lawyer licensed or eligible to practise in Nova Scotia;
  • Knowledge of Aboriginal Law;
  • Strong interpersonal and organizational skills;
  • Work efficiently and effectively with minimal supervision;
  • Experience in working within Mi’kmaw communities within NS;
  • Good understanding of Mi’kmaq culture and history; and
  • Working knowledge of Microsoft Office 2000-2007 including MS Word, Excel, Outlook and PowerPoint.

Submit resume to:
Michelle Hepworth, Office Manager
c/o The Confederacy of Mainland Mi’kmaq
PO Box 1590
Truro, Nova Scotia  B2N 5V3


We are an equal opportunity employer; however, qualified Aboriginal applicants will be given priority in accordance with the Aboriginal Employment Preference Policy of the Canadian Human Rights Commission. Only those applicants who qualify for an interview will be contacted. The successful candidate may be required to submit a current criminal record check.

Our client, Legal Aid Saskatchewan is governed by the Saskatchewan Legal Aid Commission, which was created through the provincial Legal Aid Act. It was created to provide legal services to persons and organizations for criminal and civil matters where those persons and organizations are financially unable to secure these services from their own resources. The organization has been in existence since 1974. The mission of Legal Aid Saskatchewan is to "promote access to justice for eligible persons through the provision of quality legal assistance."

Legal Aid Saskatchewan is seeking a Legal Director to join its team in Prince Albert. The successful candidate, under the supervision of the Chief Executive Officer, will manage an Area Office, supervise all personnel, as well as provide legal services to eligible clients. The Legal Director will maintain a state of competence on a continuing basis in all areas which the Legal Director practices and will maintain familiarity with the Commission’s policies and procedures. As part of the management team, the Legal Director will be involved in policy setting direction and will participate in planning middle to long term objectives for the Legal Aid Commission, as a whole, and its operational units.

The ideal candidate will have a minimum of five years of experience in litigation or the general practice of law, preferably in criminal and family law, as well as some management or supervisory experience. This is a great opportunity for a strong visionary leader who wants to be part of a team that promotes a collegial, respectful and collaborative working environment. If you are personable, have a great sense of humour and have the ability to develop strong mentoring relationships this position will appeal to you.

This is an exclusive search.

Situated along the valley of the North Saskatchewan River, Prince Albert is the third largest city in Saskatchewan, Canada. Known as the “Gateway to the North” it contains beautiful lakes, enchanting forests, spectacular parks and a wealth of wildlife. The city of Prince Albert offers world class recreation throughout the seasons and promotes a strong cultural community. Prince Albert has been ranked as one of the best places to live in Canada by Chatelaine magazine.

Law firm looking for paralegal or legal assistant to start June 15, 2013.

  • 25-35/hrs per week
  • Wages to be negotiated

Main areas of law consist of:

  • Property;
  • Wills and Estates; and
  • Family

Candidate must:

  • have a valid graduate legal diploma (experience an asset);
  • be familiar with Property OnLine, Microsoft Word, Office and Excel; and
  • be organized and able to meet deadlines and work in a fast-paced environment.
  • Any accounting and/or bookkeeping experience is an asset, along with experience with Simply Accounting and/or Quickbooks;
  • Typing speed minimum of 40 WPM
  • Banking

Interested applicants should submit their resume to

Thank you.

Position: One year contract Staff Lawyer position in Sydney, NS, practising family law.

Qualifications: Successful candidate must be a practising, insured member in good standing of the Nova Scotia Barristers' Society with a thorough understanding of Family Law. Candidate should have experience in representing clients before the courts. Competency to conduct legal proceedings in both the English and French languages would be an asset. Position to start on May 1, 2013.

Salary range: Per Legal Aid salary scale based on "Relevant Experience" as determined by the Commission at time of hire plus benefits.

Closing date: April 26, 2013 at 12:00 Noon

Reply to
Joseph A. Cameron, Internal Operations Director
Nova Scotia Legal Aid Commission
102-137 Chain Lake Drive
Halifax, NS  B3S 1B3 

Fax to:  902-420-3471

NSLA has an employment equity policy and encourages candidates from historically disadvantaged groups. While we appreciate all applications, only applicants selected for an interview will be contacted. All applications held in confidence.

We are seeking energetic and enthusiastic Nova Scotians to serve on the province’s Nova Scotia Assessment Appeal Tribunal (NSAAT). Members of the NSAAT require a Bachelor of Laws (LLB) and must be a member in good standing with the Nova Scotia Barristers' Society.

Deadline to apply is May 20, 2013.

See the Position profile

How to apply:

The Province of Nova Scotia is an equal opportunity employer. Through the Employment Equity Policy, the Government of Nova Scotia seeks to better represent the diverse public it serves. Government is committed to ensuring diversity in the workplace by supporting initiatives that promote the equitable participation of Aboriginal persons, African Nova Scotians and other racially visible persons, persons with disabilities, and women in positions where they are under-represented. We value the representation of citizen of all ages. All applicants who are members of an employment equity group are encouraged to self-identify.

Volunteer and Pro Bono

Many organizations recognize that mentoring is key to maintaining and enhancing professionalism and lawyering skills. Mentoring can help improve relationships among lawyers, promote camaraderie and help address issues of stress and isolation faced by many lawyers. The mentor receives the satisfaction of helping someone grow and succeed in the practice of law, while the mentee benefits from the opportunity to receive regular encouragement and support, explore new ideas and alternatives, and develop new contacts and networking opportunities.

In order to participate in the LIANS Mentorship Program, visit the Mentorship Program section of the LIANS website, under the Risk and Practice Management heading at

Documents available on the website include the Mentorship Program Application Form, a Model Mentoring Activity Plan for participants and a Mentoring Guidelines booklet.

The Legal Information Society of Nova Scotia is celebrating 30 years of helping Nova Scotians access information about the law so they are better prepared to deal with their legal issues and questions.

Thousands of Nova Scotians access its services every year though a variety of channels. LISNS is now busier than ever, with a number of important projects underway and special events planned over the coming months.

LISNS is a small charity with limited resources and it needs your help. We are actively recruiting volunteers to work on various projects and special events, to join our committees, to serve on our Board of Directors, and to participate in the Access Legal Help NS (Pro Bono Hub) program.

Committees include Finance, Legal Content, Philanthropy, PR and Communications, and Community Connections. We seek people with a wide range of skills and interests from all backgrounds.

For more information about the various volunteer opportunities available, please contact To learn more about LISNS and its services, visit

reachAbility’s Legal Referral Service is a community-based service that bridges the gap between existing local resources and public need. We provide an opportunity for persons living with disabilities to better understand their legal rights, as well as providing lawyers with an opportunity to use their legal skills in a volunteer capacity to address the needs of an often marginalized segment of our community.

reachAbility’s Legal Referral Service offers access to free legal advice for any person with a disability. Lawyers throughout the province volunteer their time and expertise to our clients and we’re always looking for new perspectives. The time commitment that we ask from our volunteers is small –a single one-hour consultation each year – but it is a commitment that will make an immediate difference in the life of a Nova Scotian with a disability.

Join other members of the legal community by completing our online lawyer volunteer form at:

For further information, contact us: (902) 429 5878 or
OR visit us online at

Upcoming Events
Event Date: Wednesday, June 19, 2013 (All day) to Wednesday, June 26, 2013 (All day)

Registration is open until the Friday before the Online Land Registration Act training program.

Cost for this program is $600 plus HST and registrants have one week to complete the course.

Dates for next LRA course: June 19 to 26, 2013

Register online

Information about the program

Event Date: Friday, May 24, 2013 (All day)
  • How should tribunals apply the Charter and Human Rights Codes? Should they be required to use the traditional analyses employed by the courts, or should tribunals be permitted/expected to develop analyses suited to their particular jurisdiction?
  • Are tribunals meeting the expectations set in cases such as Tranchemontagne, Conway and Doré?
  • Have the courts got it right? Has experience shown that granting Charter and Human Rights Code jurisdiction to tribunals is realistic, appropriate and necessary?

Event Date: Monday, May 27, 2013 (All day)

Benefit from a diverse faculty of experts with "in-the-trenches" experience who will examine the challenges and provide guidance and workable solutions to recurring issues.

Unique obligations arise when an employee has mental health issues.
Gain practical approaches for:

  • Removing the return-to-work stigma
  • Avoiding claims of discrimination
  • Discharging the duty of fair representation
  • Avoiding the reopening of settlements
  • Minimizing stress on managers
  • Countering a bully's actions
  • Managing Workers' Compensation claims
  • Discerning and dealing with culpable conduct

Event Date: Wednesday, April 17, 2013 (All day)

Lawyers are working with high schools across Nova Scotia to raise students' awareness of the law and legal issues, with a focus on engaging the next generation for this year's Law Day.     

CBA-NS members will be heading to more than 15 schools from Cape Breton to Cobequid County and from the South Shore to HRM. Our members will meet with students, talk to them about the practice of law, and help them prepare for a mock trial that the students will conduct a short time later. 

We encourage all members to “like” us on Facebook and “follow us” on Twitter, and to encourage your professional and social networks to do the same. There will be updates leading up to and on Law Day to chronicle how our next generation is being engaged.

Find us here on Facebook:

and Twitter:

This is a new and exciting venture that provides an excellent opportunity for our profession to strengthen its ties to the community while offering our youth a glimpse at what it can be to practise law in Nova Scotia. Be sure to support our colleagues as they head out to Engage the Next Generation!

Event Date: Friday, October 11, 2013 (All day) to Saturday, October 12, 2013 (All day)

BABSEA CLE (Bridges Across Borders Southeast Asia Community Legal Education Initiative) & UEL (University of Economics and Law, Viet Nam) are pleased to announce the dates and place of the 2nd Southeast Asia & Asia Pro Bono Conference/Workshop

Date: 11 & 12 October 2013
Place: Ho Chi Minh City, Viet Nam
Event Date: Thursday, April 25, 2013 - 16:30 to 18:00

with Glenn R Anderson, QC, BComm (Hons), LLB, LLM

  • Lessons learned from the wrongful conviction cases
  • R v Mohan and the admissibility test
  • A suggested nine-step admissibility analysis
  • Experts and advocates’ obligations
  • Challenging experts and shortcomings to elicit
Glenn Anderson practices civil, administrative and constitutional litigation with the Department of Justice (NS). He is the author of Expert Evidence (LexisNexis Canada) and teaches Science and the Law at the Schulich School of Law.
This session will be 60 minutes with an additional 30 minutes for Q&A. 

REGISTER: noting: "April Sessions@Schulich"

Join the Facebook event page

Event Date: Monday, June 3, 2013 (All day)

June 3, 2013, 9:00 a.m. – 4:45 p.m. EDT/EST, Distance Learning Available


NSBS Credit Hours: 7.0


Wills challenges, contested passings of accounts, contested guardianships and other estate disputes present counsel with unique problems and challenging questions of judgment.

Though relatively few cases make it through the full trial process, the road to settlement nonetheless brings its own challenges, due in part to:

  • The highly emotional nature of the issues
  • The technicality of the legal principles
  • Questions of capacity, honesty and financial prudence
  • Conflicts of interest
  • Cost-benefit considerations
  • The increasing presence of unrepresented litigants
  • Judicial pressure to settle cases and other problem-laden areas including, of course, the ever-present risk of solicitor’s negligence.

This Osgoode Professional Development short course will equip you with what you need to know whether your client’s estate dispute is capable of informal settlement, requires formal mediation, or is bound for the courtroom. A concise but information-packed overview of each stage in the process will be followed by a detailed, interactive discussion of realistic fact situations, with special emphasis on wills challenges and contested passings of accounts. Drawing on the wisdom and experience of an expert faculty, you will deepen your knowledge of the relevant law and procedure, the risks and pitfalls facing both counsel and clients, and strategic approaches that offer the best prospects for success.

Managing, Mediating and Litigating Estate Disputes will provide you with practical knowledge you’ll carry with you into all your future negotiations, discoveries, mediations and trials.

Special Pricing Package!
Register for both Managing, Mediating and Litigating Estate Disputes and Managing Complex Issues in Estate and Tax Planning (June 4, 2013) and take advantage of special package pricing of $995 plus HST.

OPD Program Lawyer
Paul Truster

Fee per Delegate

$495 plus 13% HST for a total of $559.35.

Special Pricing Package!
Register for both Managing, Mediating and Litigating Estate Disputes and Managing Complex Issues in Estate and Tax Planning (June 4, 2013) and take advantage of special package pricing of $995 plus HST.

Fees include attendance, program materials. Group discounts are available for both on site and webcast participants. Please inquire about financial assistance and CPD credits.

Need accommodations? Check our website.
Event Date: Wednesday, May 15, 2013 (All day)

9:00 AM - 4:00 PM

Pamela  Chapman

Andrew Raven
Union Counsel
Raven, Cameron, Ballantyne & Yazbeck

Employer Counsel TBA

There is a growing understanding that employers, unions and employees must work together to assist workers in maintaining a functional balance between work life and family life. A failure to accommodate an employee's family care obligations may be found to be discrimination on the part of the employer. It is important for workplaces to have clear policies and processes in place to assess family care issues as they arise and to implement accommodative measures where appropriate. Lancaster's panel of experts will discuss issues relating to family status accommodation, including:Topics

  • Understanding family status: What is "family status?" Who counts as part of an employee's family? Should all family-related employee obligations be treated equally? What are the two competing tests used to determine whether a case of family status discrimination has been established? Which approach do arbitrators and/or human rights tribunals prefer? Which approach should employers and unions look to when creating policies and practices to achieve work-life balance? What trends in this area of law has the B.C. Law Institute identified in its recent report and what reforms has it recommended?
  • Discrimination on the basis of family status: What sort of treatment will amount to family status discrimination? Can an employer ask questions about an employee's family life? Is it discriminatory for a supervisor to suggest that an employee take a different position that would be more compatible with the employee's family obligations? How can employers ensure they aren't making stereotypical assumptions about certain employees – for instance, single parents or divorced parents - based on their family situations?
  • Accommodation: Do employers have to accommodate employees' "routine" childcare or eldercare obligations? Does it make a difference if the family member needing care is ill or has special needs? What sorts of accommodations may be suitable in cases of family care obligations? Can employees request leaves of absence? Reduced or modified hours? The ability to work from home? Different job duties? How should an assessment of family care accommodative needs be undertaken? Does an employee have to exhaust all other family care arrangements before seeking accommodation? Can the employer require an employee to make changes to his or her family obligations instead of accommodating the employee's circumstances? What is the union's role in accommodating employees with family responsibilities? What are some examples of effective policies or collective agreement provisions that accommodate family status?
  • Undue hardship: What factors should be considered in assessing whether accommodating an employee's family care responsibilities amounts to undue hardship for the employer? When will repeated absences by an employee due to family obligations amount to undue hardship? Can the employer argue that accommodating one employee will "open the floodgates" to other employees who may seek a similar accommodation, and result in undue hardship?

Further information:


Event Date: Friday, June 7, 2013 - 10:00

See the Bar Admissions ceremonies webpage for more information.


Event Date: Tuesday, June 11, 2013 - 13:00 to 16:30

This workshop will give you the building blocks to create a successful and principled investor relations program. Learn what you must do, what you shouldn't do, and hear first-hand what the market really wants to know about your company. 

  • Prerequisites to an IR program
  • The difference between IR and promotion
  • Costly things you don't need to do
  • Best practices for maintaining investor interest 

Click here to register:

Event Date: Thursday, April 25, 2013 - 12:30 to 14:00


  • Michael Lynk, Arbitrator/Mediator, Associate Professor, Faculty of Law, Western University

Post-Traumatic Stress Disorder (PTSD) is a potentially debilitating mental disorder affecting up to 3% of the population at any given time. In this session, experienced counsel will discuss the legal duty to prevent workplace events that might cause PTSD, the duty to accommodate employees with PTSD and circumstances in which PTSD will be compensable under workers' compensation legislation. An expert on the disorder will also provide valuable background information on PTSD, its causes and symptoms, as well as practical suggestions for dealing with employees with PTSD.

  • Recognition: What is "post-traumatic stress disorder" (PTSD)? What symptoms are typically experienced by people with PTSD? How common is it? What is the relationship between stress and PTSD? What is the relationship between anxiety and PTSD? How is a diagnosis of PTSD made? Do diagnostic criteria require a past experience of extreme physical danger? Can bullying cause a worker to develop PTSD? What types of treatment are typically recommended? What other mental disorders are typically concurrent with PTSD and how might these concurrent disorders complicate diagnosis or treatment? What is the prognosis for someone with PTSD? Is he or she likely to be able to function at work without accommodations after a certain period of treatment? What types of behaviour could indicate that an employee may have PTSD? Is an employer under a legal duty to inquire about an employee's mental health if he or she is exhibiting such behaviours?
  • Prevention: What steps are employers legally required to take to ensure that employees do not develop PTSD as a result of events in the workplace? Are an employer's legal duties regarding prevention fulfilled by an employer developing policies and programs to prevent and respond to violence in the workplace? In Ontario will meeting the requirements of the Bill 168 amendments to the OHSA meet the employer's duty? In B.C. will employers meet the duty to prevent PTSD by complying with WorkSafeBC policies promulgated in response to Bill 14 amendments to the Workers' Compensation Act? What standards might be applicable in other provinces and in the federal sector? What can be done to prevent PTSD in "first responders," e.g. police, firefighters, paramedics, who routinely encounter traumatic situations during the course of their work?
  • Accommodation: What medical information is the employer legally entitled to request in order to assess accommodation options (and what must the employee provide)? Because PTSD is a mental disorder, should information from a psychiatrist or a psychologist be required? Should employers give greater weight to a diagnosis from a psychiatrist than a diagnosis from a psychologist? What types of accommodations are usually appropriate for employees with PTSD? How might PTSD affect an employee's ability to participate in the accommodation process? How should employers respond to employees who engage in misconduct as a result of PTSD? From a medical/psychological perspective what types of misconduct are likely to be caused by PTSD?
  • Compensation: What evidence will be required to prove entitlement to benefits for PTSD under workers' compensation legislation? Are workers' compensation benefits available to an employee who develops PTSD as a result of a third party's actions in the workplace (e.g. cashier's reaction to a robbery)? Is the workers' compensation regime the only venue in which such an employee can seek compensation?

Event Date: Tuesday, May 28, 2013 - 12:00

The Legal Information Society of Nova Scotia (LISNS) is pleased to announce a new series of CPD workshops. The first session of this affordable, accessible  lunch-hour series aims to address topics and issues of particular relevance to lawyers early in their careers.

The first session in the series will be on Tuesday, May 28, 2013 at 12:00 pm at the Nova Scotia Barristers' Society. This one-hour session is called “Networking to Build Your Client Base”, and will offer tips and practical advice to all lawyers seeking to build or enhance their client network.

The presenters include:

  • Mr. John Rogers QC, CEO at Stewart McKelvey: John will speak from a large law firm perspective on building your client base from the outset of your career. He will also speak about community involvement and volunteering as effective ways to expand your network. 
  • Mr. Jonathan Gallant, CA-CBV, Senior Manager at WBLI: Jonathan is young, up-and-coming professional who actively connects with people at every opportunity, including golfing, dinner out and community events.  He will bring stories of success and a failure or two.

This workshop is one hour long and the cost is $35. Please bring lunch with you; refreshments will be provided (tea/coffee). Pre-registration is required. Please make your online payment through the LISNS online secure payment tool after filling out the registration form at the link below. (Space is limited, so register early).

Online registration form - LISNS Continuing Professional Development Program for Lawyers

This is a program of the Legal Information Society of Nova Scotia ( If you have any questions or would like to recommend topics for upcoming sessions, contact Maliha Azhar at or 902-454-2198

Event Date: Tuesday, June 18, 2013 (All day)

Effective leaders inspire positive growth, change and healthy work relationships. This workshop focuses on providing leaders with a set of tools to bring out the best in the people they lead. It will examine the mindset necessary to lead others through the difficult moments they encounter in their working careers.

Participants will learn a coaching model for working with their employees to enable changes in behaviour, promote performance and resolve conflict.


Event Date: Monday, May 13, 2013 (All day)

CAIRP, the industry’s authoritative voice, presents its anticipated one day, cross-country annual Insolvency and Restructuring Forum. This is your opportunity to network with industry colleagues and hear notable experts share valuable insights on the key issues impacting insolvency and restructuring today. 

Forum Highlights:
  • CAIRP OSB Update
  • Mid-Market Technical Update
  • Monitors, Trustees And Receivers: Duties, Limitations And Protections 
  • Regional Hot Topics
  • Allocation Of Costs and Super Priorities In Insolvency
  • Matrimonial Law 
  • Consumer Topics Of Interest 
  • Consumer Technical Update

Event Date: Wednesday, April 17, 2013 - 19:00 to 20:30

At the last MINI LAW SCHOOL session for this term, join Professor Archie Kaiser to talk about:

"Demystifying the Mental Disorder Defence"

People with mental health problems face persistent stigmas; when they come into conflict with the law, they often face minor charges and tend not to fare well in our justice system. Less frequently and only in the most serious cases, some accused persons choose the highly-publicized-but-not-well-understood "mental disorder defence."

In this lecture, we'll talk about the difficulties people with mental health problems face in our justice system and take a detailed look at the mental disorder defence. What is it? When can it be used? How does it work? And if successful, what does it mean for the accused?

Wednesday, April 17

7 - 8:30 pm
Room 104, Weldon Law Building
6061 University Avenue
Halifax, NS

Event Date: Friday, May 10, 2013 (All day)

To create and maintain a successful organization, leaders must be skilled at managing various personality types in a positive and motivating manner. Utilizing the Myers-Briggs Type Indicator (MBTI), leaders will learn a comprehensive framework to understand personality types.

The workshop focuses on the skills needed to guide and direct differing and sometimes difficult personality types. Participants will learn on how to tailor communication to best fit the various expressions of personality, understand and utilize effective means of motivation, and structure the work environment to best optimize the strengths of diverse personality types.


Event Date: Wednesday, June 19, 2013 (All day) to Friday, June 21, 2013 (All day)

This introductory workshop is designed for those new to counselling or those wishing to enhance their general helping skills. The workshop provides an opportunity to acquire basic communication skills and practical strategies to help people.

Participants will learn about the process of counseling and using a problem-solving model, how to work with clients to identify issues and implement plans and activities to address areas of concern. This is an interactive and experiential training where participants will work through scenarios, activities and role plays that will help them enhance their helping skills.


Event Date: Monday, April 29, 2013 (All day)

Monday 29 Apr 13/ lundi le 29 avril 13
Total: 19 CPD Hours


Time /Durée


Lesson /Leçon

Instructor(s) /Instructeur(s)

0745 - 0800


Introduction and Course Objectives and TKT / Introduction et objectifs du cours et TKT


0800 - 0930


Assistance to Law Enforcement Agencies / Assistance aux agences de maintien de l’ordre

Mr Fensom

0930 -1015


Military Police Jurisdiction / La compétence de la police militaire

Maj Pawlowski

1015 -1030


Break / Pause


1030 -1115


Use of Force in Domestic Operations / Emploi de la force au cours d’opérations domestiques

Mr Fensom

1115 -1200


CF Armed Assistance Directive (CFAAD) and Introduction to NCTP / IAAFC et présentation du PNCT

Maj Clute

1200 -1300


Lunch / Dîner


1300 – 1310


Opening Address/ Discours d’ouverture


1300 -1350


CF Routine Activities ROE / Règles d’engagement pour les opérations de routine

Maj Drew

1350 -1445


Maritime Law and Domestic Operations / Droit maritime et opérations domestiques

Maj Pawlowski

1445 -1500


Break / Pause


1500 -1530


Evidentiary Issues and Post-Operations Procedures / Questions relatives à la preuve et procédure post-­opérations

LCdr Levesque

1530 - 1630


The Protection of Information / La protection de l’information

LCdr Barnet

1630 - 1700



LCol Waters






LCol Waters

CPD hours: 7
Tuesday 30 April 13/ mardi le 30 avril 13


Time / Durée

Slides/ diapos

Lesson / Leçon

Instructor(s) / Instructeur(s)

0750 - 0800


Domestic Operations Quiz / Test Opérations nationales


0800 - 0845


Intelligence and Information Collection in Operations / Collecte d’information et recherche du renseignement dans le cadre d’opérations

Maj Maynard

0845 - 0930


Use and Sharing of Intelligence and Information in Domestic Operations / Utilisation et partage de l’information et du renseignement dans le cadre d’opérations domestiques

Maj Maynard

0930 -1015


Case Study: OP PODIUM /Étude de cas : Opération PODIUM

Mr Fensom

1015 -1030


Break / Pause


1030 -1200


EX SECURUS PATRIA: DomOps Exercise / Exercice OpDom  ROTO 1


1200 -1300


Lunch / Dîner


1300 -1430


EX SECURUS PATRIA: DomOps Exercise / Exercice OpDom  ROTO 2


1430 -1600


EX SECURUS PATRIA: DomOps Exercise / Exercice OpDom  ROTO 3


1600 - 1730


EX SECURUS PATRIA: DomOps Exercise / Exercice OpDom  ROTO 4


1730 - 1745


Hot Wash/AAR

Ex Director

Evening / soiree


Meet and Greet/ Rencontre sociale

All students and staff

CPD Hours: 1hr 30 min
Wednesday 1 May 13/ mercredi le 1 mai 13


Time / Durée

Slides/ diapos

Lesson / Leçon

Instructor(s) / Instructeur(s)

0750 - 0800


Course administration /

Administration du cours

MS Hawkins

0800 - 0845


Strategic Legal Considerations for International Operations / Considérations stratégiques d’ordre juridique liées aux opérations internationales

LCol Waters

0845 - 1015


CF Operational Planning Process / Processus de planification opérationnelle des FC

Maj DeCaluwe

1015 -1030


Break / Pause


1030 -1115


Maritime Operations Law / Droit relatif aux opérations maritimes

Maj Drew

1115 -1200


Foreign weapons display / Exposé des armes étrangères


1200 -1300


Lunch / Dîner


1300 -1430


ROE and the Use of Force in International Operations / RE et l’emploi de la force au cours d’opérations internationales

Maj Drew

1430 -1445


Break / Pause


1445 -1630


Targeting in CF International Operations / Ciblage- Le droit relatif à la sélection et à l’engagement de cibles

Maj DeCaluwe (L)
LCdr Levesque (A)

Evening /soiree


Naval Operations Assignment /
Travail sur le droit maritime

Maj Drew

Thursday 2 May 13/ jeudi le 2 mai 13
CPD Hours: 3 hrs 45 mins


Time / Durée

Slides/ diapos

Lesson / Leçon

Instructor(s) / Instructeur(s)

0745 - 0800


Quiz : International Operations /

Test : Opérations internationales


0800 - 0845


Defence of Canada - International and Continental Alliances /  La défense du Canada - Alliances internationales et continentales

Maj Isenor

0845 - 0930


Environmental Legal Considerations - Land Operations / Considérations d’ordre juridique propres à l’environnement - Opérations terrestres

LCdr Barnet

0930 -1015


Environmental Legal Considerations - Air, Space and Cyberspace Operations / Considérations d’ordre juridique propre à l’environnement - Opérations aériennes, spatiales et cyber spatiales

LCdr Levesque

1015 -1030


Break / Pause


1030 -1115


Legal Aspects of Detainee Treatment/ Aspects juridiques liés au traitement des détenus

LCol Waters

1115 -1200


Task Specific Legal Considerations: NEO, PSO, HA and Disaster Relief Operations/Considérations d’ordre juridique liées à la tâche : opérations d’évacuation de non-combattants, opérations de soutien de la paix, opérations d’aide humanitaire/de secours aux sinistrés

Maj Maynard

1200 -1300


Lunch / Dîner


1300 -1345


Task Specific Legal Considerations - SOF Operations/ Considérations d’ordre juridique liées à la tâche - Opérations des forces d’opérations spéciales (FOS)

Maj Clute

1345 -1430


Status of Force Agreements /

Les SOFA et les accords de soutien /

LCdr Barnet

1430 -1445


Break / Pause


1445 -1630


Introduction to ROE Handbook and assignment read-in /  Introduction au RE et lecture de l’exercice

Maj Drew

Evening / soiree


Use of Force/ ROE assignment /

Travail: Emploi de la force et RE

Maj Drew

Friday 3 May 13/ vendredi le 3 mai 13
CPD Hours: 4 hrs 30 mins


Time / Durée

Slides/ diapos

Lesson / Leçon

Instructor(s) / Instructeur(s)

0750 - 0800


Preparation for Syndicate Briefings / Préparation pour les discussions


0800 – 1015


ROE assignment: Syndicate Briefings / Travail RE: Discussion


1015 -1030


Break / Pause


1030 -1200


ROE assignment: Syndicate Briefings / Travail RE: Discussion


1200 -1300


Lunch / Dîner


1300 -1350


ROE assignment: Syndicate Briefings / Travail RE: Discussion


1350 – 1440


Administrative Law on Deployment / Le droit administratif dans le cadre d’un déploiement

Maj Pawlowski

1440 -1450


Break / Pause


1450 - 1530


Administrative Law on Deployment / Le droit administratif dans le cadre d’un déploiement

Maj Pawlowski

1530 - 1615


Military Justice Issues/ Questions liées à la justice militaire

Maj Pawlowski

1615 – 1700


Exercise Able Advocate: Briefing and Orders / Briefing et les orders pour l’exercice Able Advocate

LCol Waters

Evening / soiree


Personal time / temps personnel


Saturday, 4 May 13/ samedi, le 4 mai 13
CPD hours: 2 hrs 15 mins

Day 6/Jour 6

Time / Durée


Lesson / Leçon

Instructor(s) / Instructeur(s)

0800 - 1200


Candidate revision and remediation as required / révision pour les candidat(e)s si requise



Event Date: Friday, May 17, 2013 (All day)

Depression is one of the most common mental health concerns and for some it can become overwhelming and at times paralyzing. Caregivers may feel unsure of where to begin when helping those who frequently feel depleted, helpless and ashamed of their struggles. This workshop introduces participants to a variety of effective strategies that can be used to help an individual who is struggling with depression make positive changes. Depression will be reviewed within the current social context and will include analyzing the impact of new social norms on depression.

Participants will learn practical strategies to help engage the depressed person on two levels: changing the negative relationship within oneself and changing interpersonal dynamics that perpetuate depression.


Event Date: Thursday, October 10, 2013 (All day) to Friday, October 11, 2013 (All day)

CIAJ's Annual Conference

The recent evolution in the law of evidence is a vital topic for those interested in our legal system, whether a decision-maker, advocate, litigator, academic, teacher, student and or law-maker. In the past 25 years, the Supreme Court of Canada has ushered in a set of revolutionary changes to the rules of evidence in several areas, including witness competence, privilege, hearsay and similar act evidence. It has developed a “principled approach” designed to return evidence law to fundamental first principles while conforming to the normative commitments of the Charter.

This conference will address how facts are established through rules of evidence in criminal cases and how evidence law impacts the legal system in family law mediation, administrative hearings, civil cases, public inquiries and commissions through innovative, comparative and theoretical perspectives.

Visit this link for registration and more details:


Event Date: Thursday, June 6, 2013 (All day)

 This training will be an excellent event for lawyers, mental health practitioners, social workers, youth care workers, educators, criminal justice professionals and others who work with multi-challenged families.

Thursday, June 6, 8:30 am – 4:00 pm
Friday, June 7, 9:00 am – 4:00 pm

King’s College, Alumni Hall
6350 Coburg Road, Halifax, Nova Scotia

$225.00 + HST ($200.00 early bird until May 3)
(includes lunch on both days)



Key learning

Identifying the multi-challenged family

  • Principles of cultural competence in working across differences in class and race
  • Knowing yourself and your clients: who you are, and what you know and don't know
  • Examination of the social context of emotionaland behavioural change
  • Critical look at conventional wisdom as it affects our interventions with marginalized populations
  • Imagining practical alternative interventions
  • Mental health and people of African descent
  • Cultural context and competence in interventions with African Nova Scotian youth and youth of mixed race parentage
  • New Canadians: what are some of the shared experiences with marginalized communities?
  • Least intrusive interventions: how the law frames the delivery of services
  • How to utilize law and policy to enhance the well-being of multi-challenged families
  • Developing and supporting collaboration within and among agencies, professionals and the community
  • Ethical considerations in working within "close communities"

For online registration:


For more information:

Parking is limited. Passes available at the parkade, McCain Bldg., University Avenue, before 8am, but spaces not guaranteed. Some parking available on side streets in neighbourhood.

Event Date: Thursday, April 18, 2013 - 11:30 to 13:30

Lunch ‘n Learn Series

Changes in Federal Legislation: A Monthly Series for Planners, Engineers, Managers and the Legal Profession

These six Lunch and Learn sessions present updates on the effects of the recent changes to the Canadian Environmental Assessment Act and the Fisheries Act. These sessions are organized in cooperation with the professional development groups of APENS, LPPANS and the Canadian Bar Association Nova Scotia for professional development credits.

$360 for the series, $75 per session, plus HST.

Note that e‐credits can be used.

Light lunch provided Email your interest to to register and for more information. April 18, 2013 Nova Scotia Environment Effects of changes in the CEAA and the Fisheries Act on Provincial assessments Peter Geddes, NSDEL

Event Date: Tuesday, June 4, 2013 (All day)

June 4, 2013, 9:00 a.m. - 4:00 p.m. EDT/EST, Distance Learning Available

Whether it is charitable credits, cross border taxation, trustee investment obligations, or private foundations issues, a solid understanding of key areas in estate and tax planning is of critical importance. As the law continues to evolve, practitioners need to ensure they are up-to-date and knowledgeable on the latest changes to effectively represent their clients.

This Osgoode Professional Development program, geared to estates and trusts lawyers, financial and estate planners, accountants, insurance advisors and investment dealers, is designed to be a comprehensive review of some of the more challenging aspects of estate and tax planning. Experienced practitioners will give you thoughtful analysis and provide important practice tips and strategies. Topics include:

  • The use of trust structures to maximize charitable credits
  • Private foundations traps – excess corporate holding rules
  • Professionalism and practice management – risk management
  • Related party transactions – what to watch for
  • Case study on handling unusual and difficult problems relating to trusts and tax planning
  • Cross border taxation – US rules and international treaties
  • The prudent investor rule – the requirement to diversify investments

Special Pricing Package!

Register for both Managing Complex Issues in Estate and Tax Planning and Managing, Mediating and Litigating Estate Disputes (June 3, 2013) and and take advantage of special package pricing of $995 plus HST.


OPD Program Lawyer

Myrsini Zacharakis

Fee per Delegate

$695 plus 13% HST for a total of $785.35.

Special Pricing Package!

Register for both Managing Complex Issues in Estate and Tax Planning and Managing, Mediating and Litigating Estate Disputes (June 3, 2013) and and take advantage of special package pricing of $995 plus HST.


Fees include attendance, program materials. Group discounts are available for both on site and webcast participants. Please inquire about financial assistance and CPD credits.

Need accommodations? Check our website.
To register visit our website

Event Date: Thursday, May 16, 2013 - 09:00 to Friday, May 17, 2013 - 12:00


HRPA Recertification

The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Recertification Partner, guaranteeing that particiption in our conferences, workshops and audio conferences will be accepted by the HRPA for recertification credit.

Register today to earn your recertification credits with Lancaster!

Day One - Thursday, May 16, 2013

Day Two - Friday, May 17, 2013

Pre-Conference Workshops - Wednesday, May 15, 2013

Conference Co-Chairs

Conference Advisory Committee

  • Peter Engelmann, Union Counsel, Sack Goldblatt Mitchell
  • Nick Milanovic, Adjunct Research Professor, Department of Law & Legal Studies, Carleton University
  • Isabelle Roy, General Counsel, Professional Institute of the Public Service of Canada
  • Elizabeth MacPherson, Chairperson, Canada Industrial Relations Board
  • Dan Palayew, Employer Counsel, Heenan Blaikie

Thursday, May 16, 2013

Panel 1:  Advancing the Public's Right to Know: New developments in whistleblower protection

9:00 AM - 10:15 AM

  • Rachel Dugas, Senior Counsel, Public Servants Disclosure Protection Tribunal
  • David Yazbeck, Union Counsel, Raven, Cameron, Ballantyne & Yazbeck
  • TBA, Employer Counsel TBA

Recent high profile corruption cases have highlighted the important role that whistleblowers play in promoting accountability and transparency. Yet many employees are afraid to report employer misconduct or illegality because of a risk of reprisal. What protections exist to shelter whistleblowers in the federal sector and beyond? What remedies can an employee seek if he or she has been a victim of reprisals? Join a panel of Lancaster’s experts to discuss these and other issues, including:


  • Whistleblowing and anti-reprisal legislation: Besides the federal Public Servants Disclosure Protection Act, what legislation exists to protect whistleblower employees in the public and private sectors? How does the definition of wrongdoing by the employer vary from one jurisdiction to another? How does the burden of proof vary by jurisdiction? What tests should be applied to determine whether reprisal has taken place? Which jurisdictions create a presumption of reprisal that is beneficial to employees claiming protection? Does the Charter’s protection of freedom of expression have any bearing on whistleblowing in the public sector? Can reprisals against an employee be a criminal offence? What approach has the Charbonneau Commission taken in investigating government corruption in Quebec? What lessons can be drawn from the Commission’s experience?
  • The federal Public Servants Disclosure Protection Act: Who is protected by the Act? What processes does the Act establish for dealing with whistleblowing and reprisal? What role does the Public Sector Integrity Commissioner play in this process? Is it preferable for an employee to make a disclosure to a supervisor or designated officer in the organization, or should an employee go to the independent Public Sector Integrity Commissioner? When can an employee make a disclosure directly to the public? How is wrongdoing disciplined? What is the function of the Public Servants Disclosure Protection Tribunal? What is the composition of the Tribunal and why is this composition important? What power does the Tribunal have to reinstate or compensate an employee who has been a victim of reprisal or to discipline the perpetrators of the reprisal action? What factors will the Tribunal consider when imposing discipline? Is the Act effective in protecting whistleblowers and combatting reprisal? What criticisms have been raised regarding to Act? What changes are needed?
  • Responding to unfounded allegations by employees: If an employee is disciplined, must she prove her comments are true? Does she have to show she had a reasonable belief in the truth of the comments? How do you draw the line between whistleblowing and action that is meant to embarrass or punish a co-worker or manager? What is the appropriate discipline where an employee makes unfounded public allegations against an employer?

BREAK (with refreshments): 10:15 AM - 10:45 AM

Panel 2: Cost Cutting, Collective Bargaining, and Freedom of Association: Balancing fiscal concerns with fundamental rights

10:45 AM - 12:00 PM

  • Lise Leduc, Union Counsel, Sack Goldblatt Mitchell
  • Liam McCarthy, Senior Research Officer, Public Service Alliance of Canada
  • TBA, Employer Counsel TBA
  • TBA, Employer Counsel TBA

Both the Ontario government and the federal government have adopted policies of fiscal restraint effectively freezing compensation (or severely limiting increases) for public sector workers. Both governments have also passed legislation constraining and intervening in collective bargaining, ostensibly to ensure cost-cutting goals are met and to prevent disruption of a faltering economy. Cases are now before the courts challenging the constitutionality of various government interventions in collective bargaining as infringements of the freedom of association, but the outcome of these cases is far from predictable. In this session panelists will discuss how collective bargaining has fared in the context of fiscal and legislative restraints and the course and potential outcome of Charter litigation relating to the right to strike and the right to bargain collectively.


  • Cost-cutting and collective bargaining: What effect has the government's pursuit of deficit and debt reduction had on the most recent rounds of bargaining in Ontario? Was the government's insistence on cost-containment a barrier to reaching collective agreements? Where unions and employers at the provincial and municipal levels were successful in concluding agreements, how were these agreements achieved? Were unions and employers able to find efficiencies and to negotiate provisions that largely preserve and/or enhance pay and benefits while not increasing total compensation costs? What effect has the federal government's pursuit of debt and deficit reduction had on public sector bargaining in the federal sector? If governments continue to prioritize cost-cutting, how are unions likely to respond in future rounds of bargaining? How does bargaining in Ontario and the federal sector compare with bargaining in B.C. under the "cooperative gains" mandate and the "net zero" mandate?
  • Legislative intervention in collective bargaining: How did the federal government's unprecedented intervention in collective bargaining at Air Canada, Canada Post and CN Rail affect bargaining at those employers? Did the federal government's intervention have a wider impact on collective bargaining and affect the tenor of public sector bargaining at the provincial and municipal levels? Why were Ontario elementary and secondary school teachers' unions and school boards unable to negotiate collective agreements while bargaining with other public sector unions, resulting in negotiated deals? Did the Ontario government's legislative intervention thwart parties' efforts to reach a deal by antagonizing teachers, or were freely-negotiated deals not possible because of fiscal restraints? Is teacher collective bargaining in Ontario becoming more like teacher collective bargaining in B.C.? Was collective bargaining between the government and OPSEU successful because the legislature did not pass the government's proposed Protecting Public Services Act, 2012? Can any conclusions regarding the desirability or efficacy of legislative intervention be made based on recent experience in the federal sector and in Ontario?
  • Freedom of association: How could current Charter challenges before courts across Canada affect future rounds of bargaining? Will the courts find that freedom of association under the Charter protects the collective bargaining process and limits legislating terms of employment, even if the government consults with public sector unions before passing such legislation? Will the courts find that, in certain circumstances, wage-restraint legislation violates the Charter? Will the courts strike down legislation that attempts to predetermine interest arbitration outcomes by imposing restrictive criteria on interest arbitrators or insulating government appointments of arbitrators from review? What cases currently before the courts raise the issue of a constitutional right to strike and what is likely to be their outcome? Will the Supreme Court of Canada recognize a right to strike? What is the likely scope of such a right and how could it affect bargaining?


Panel 3: Preventing Mental Injury: Reducing workplace stress, accommodating mental illness

1:15 PM - 2:30 PM

  • Dr. Ian Arnold, Occupational Health and Safety Consultant & Past Chair, Workforce Advisory Committee, Mental Health Commission of Canada
  • Terri Aversa, Health and Safety Officer, Ontario Public Service Employees’ Union
  • Karen Jensen, Employer Counsel, Norton Rose

Mental illness in the workplace has frequently been thought of primarily in terms of human rights accommodation obligations, but Canadians are now beginning to think of mental illness in the workplace from a preventative health and safety perspective. The new National Standard of Canada for Psychological Health and Safety in the Workplace recognizes that workplace "hazards" can "mentally injure" workers, causing or exacerbating mental illness. This panel will pay particular attention to the relationship between workplace stress and mental illness, discussing best practices for reducing and managing workplace stress, but it will also address the scope of the duty to accommodate individuals who do develop stress-related mental disabilities.


  • The National Standard: What is the impetus behind the development of the National Standard of Canada for Psychological Health and Safety in the Workplace? What are the key elements of the standard? What role does the standard play in the legal obligations of employers and unions? How does the standard affect rights and obligations under human rights legislation? What is likely to be the practical effect of the standard in workplaces?
  • Stress: How is stress defined by medical, psychological and legal authorities? What's the difference between the pressures inherent in any job and undue stress that is harmful to an employee's health? In what ways can the organization and governance of the workplace contribute to unhealthy stress levels? Can the workplace's impact on employees' stress levels be accurately measured? What are some signs that employees are experiencing harmful levels of stress?
  • Relationship between stress and mental illness: What is the relationship between workplace stress and mental illness? Can the incidence of mental illness actually be reduced by decreasing workplace stress? What effect does workplace stress have on employees with pre-existing anxiety disorders, depression, or bipolar disorder? How might the behaviour of an employee with a common mental illness (such as anxiety or depression) change when the employee experiences workplace stress?
  • Stress reduction and prevention: Do employers have a legal duty to ensure that the way they manage the workplace does not cause employees unnecessary or undue stress? What practices does the national standard prescribe for reducing workplace stress? What recommendations does the Mental Health Commission of Canada make regarding workplace stress? What are the first steps employers should take towards reducing and preventing unnecessary stress in the workplace? How can employers use a combination of primary, secondary, and tertiary prevention strategies to reduce stress and create healthy work environments? What should unions do? What about individual employees?
  • Accommodation: How should an employer gauge whether an employee with a mental disability can handle a stressful position without relying on stereotypes or leaving itself open to a charge of discrimination based on perceived disability? What is the extent of an employer's legal duty to provide time off for employees with stress-related mental disabilities? Must employers allow employees to take "mental health days" to reduce stress? Must employers provide longer "stress leave?" What is an employer's legal duty to accommodate an employee with a mental disability that is exacerbated by stress? If a position is inherently stressful, must the employer consider alterations to the way the job is performed in order to fulfill the duty to accommodate? What recommendations regarding accommodating individuals with mental disabilities does the Ontario Human Rights Commission make in its recent report, "Minds that Matter?" When will accommodating an employee with a disability exacerbated by stress create undue hardship?

BREAK (with refreshments): 2:30 PM - 2:45 PM

Panel 4: Righting Wrongs: Important trends in labour law remedies

2:45 PM - 4:00 PM

Michelle Flaherty, Assistant Professor, University of Ottawa

Sean McGee, Union Counsel, Nelligan O’Brien Payne

TBA, Employer Counsel TBA

Arbitrators, and the Public Service Labour Relations Board (PSLRB) in the case of the federal public service, have significant remedial power to right wrongs committed in the unionized workplace. In this session, panelists will discuss recent developments and trends in the exercise of this remedial power. Panelists will also discuss the differences between remedies arbitrators generally award for human rights violations and the remedies human rights tribunals routinely award.


  • Reinstatement and damages in lieu of reinstatement: Are arbitrators moving away from the position that reinstatement is the normal remedy when an employee is discharged without just cause? Are they increasingly awarding damages in lieu of reinstatement? What about the PSLRB? What are the different approaches arbitrators use in calculating the appropriate quantum of damages in lieu of reinstatement? Is the standard approach of calculating damages based primarily on past years of service losing favour with arbitrators and the PSLRB? Are arbitrators becoming more inclined to award monetary compensation to employees who have their union representation rights violated (rather than reinstating the employee or voiding the discipline)?
  • Other remedies at arbitration: In what circumstances will arbitrators award damages for mental distress? Is any trend discernible in damages for mental distress at arbitration? Are they being awarded more frequently than in the past? Is the quantum greater? Have arbitrators shown a willingness to award punitive damages following the Ontario Divisional Court’s endorsement of their jurisdiction to do so? Are arbitrators awarding monetary damages for violations of employee or union rights that do not cause specific monetary harm (e.g. violation of privacy rights or the right to a safe workplace)? What novel or creative remedies have appeared in recent arbitration awards and PSLRB decisions? In what circumstance have adjudicators recently awarded large sums of monetary damages that seem to depart significantly from amounts usually awarded? What distinguishes cases resulting in high monetary damage awards from more run-of-the-mill cases?
  • Damages for human rights violations: In cases in which an employee’s human rights have been violated, have arbitrators been awarding monetary damages for injury to the employee’s dignity, feelings and self-respect comparable to what human rights tribunals would award? How does the PSLRB’s approach to human rights damages compare? Are the damage awards of human rights tribunals, arbitrators and the PSLRB for human rights violations too low, trivializing human rights and essentially creating a licence fee to discriminate? What jurisdiction do arbitrators and the PSLRB have to award systemic and public interest remedies for human rights violations as compared with human rights tribunals? What considerations govern the award of systemic remedies such as sensitivity training, monitoring, and policy revision? What tools do human rights tribunals, arbitrators and the PSLRB have to enforce systemic/public interest remedies?

Cocktail Reception: 4:00 PM - 5:00 PM

Friday, May 17, 2013

Panel 5: Major Caselaw and Legislative Update: How will recent changes in the law affect you?

9:00 AM - 10:15 AM


In this session experienced counsel will explain how some of the most important arbitration, court and tribunal decisions of the past year will change the law and affect you. Panelists will also discuss legislative and regulatory changes of importance, including the federal government’s controversial Income Tax Act amendments (Bill C- 377) imposing extensive and costly financial reporting requirements on unions. Selection of cases and legislation for this session will take place a few weeks before the conference to ensure up-to-date coverage of major decisions and legislative changes.

BREAK (with refreshments)

10:15 AM - 10:45 AM

Panel 6: Out of the Shadows: The emerging shape of privacy rights in the workplace

10:45 AM - 12:00 PM

  • Martin Felsky, Information Governance Lawyer, Harrington LLP
  • Avner Levin, Director, Privacy and Cyber Crime Institute, Chair, Law & Business Department, Ted Rogers School of Management
  • Anne Gregory, Union Counsel, Canadian Union of Public Employees
  • Lorenzo Lisi, Employer Counsel, Aird & Berlis


The past year saw Canadian courts issue two blockbuster decisions on privacy. First, the Ontario Court of Appeal recognized a common law right to privacy in Jones v. Tsige, putting to rest the opinion of some labour arbitrators that employees have no right to privacy unless the collective agreement or a statute expressly grants them one. Then came the Supreme Court of Canada's decision in R. v. Cole, which recognized that employees have a "reasonable expectation of privacy" in information stored on workplace computers. These decisions are bound to have far-reaching impacts on employee privacy both inside and outside the workplace, and they are sure to influence the development of newly emerging conceptions of privacy in the digital sphere. In this session, a panel of experts will address the developing contours of employee privacy rights with particular attention to privacy rights as they apply to computers and social media.

  • Emerging privacy rights: How do the decisions in R. v. Cole and Jones v. Tsige affect the scope of privacy rights in the workplace generally? Do they represent a significant change or a modest incremental development of privacy law? Will the requirement in Jones that an invasion of privacy must be "highly offensive, causing distress, humiliation or anguish" seriously limit the application of the new tort (civil wrong) of invasion of privacy in employment-related cases? Is R. v. Cole less relevant because the circumstances involve a criminal law context? Will the impact of R. v. Cole be significantly different in the public and private sectors? How do these decisions interact with statutes such as the Personal Information Protection and Electronic Documents Act (PIPEDA)? Do the courts' legal pronouncements in these cases regarding the scope of privacy rights accord with Canadians' actual expectations?
  • Workplace computer privacy: In light of the decisions in Cole and Jones, how far can employers go in conducting surveillance of employees' use of computers at work? How do the decisions affect employers' ability to "audit" employees' use of computers at work? Do these decisions prohibit employers from reading employee e-mail or files marked "personal?" Can employers eliminate employees' legitimate expectations of privacy through workplace policies? Can employers simply ban all personal use of employer-issued technology? What privacy issues arise from employees bringing their own devices to work (e.g. cell phones, tablets, etc.)? How will "sandboxing," i.e. creating separate personal and work environments on one device, affect an employee's reasonable expectation of privacy?
  • Privacy and social media: What impact, if any, will the decision in Cole and Jones have on the analysis of an employee's expectation of privacy in Facebook pages, Twitter accounts, etc.? Do these decisions make privacy settings on social media accounts (e.g. "invitation-only" safeguards) relevant in determining reasonable expectations of privacy? Can an employer demand access to an employee's social media account or gain access to information stored in such accounts by circumventing safeguards without an employee's knowledge? Should the law change to give protection to the expectation of "network privacy" prevalent among young Canadians?
  • Beyond the digital: How will these cases affect how arbitrators and other adjudicators view employee privacy rights in such contexts as video surveillance at work, access to employee phone records, biometric data, etc.? Will adjudicators change their attitudes towards the admissibility of video surveillance of employees who are off-duty? Will these cases limit the ability of employers to conduct background checks, criminal record checks or drug and alcohol testing?


Further information:


Event Date: Friday, April 19, 2013 - 12:00

Visit the Council materials page for the meeting agenda, documents, and highlights of past Council meetings.

For more information about Council, please see the Council page.



Event Date: Wednesday, May 15, 2013 (All day)

9:00 AM - 4:00 PM

Deborah Jelly
Managing Director, Workplace Investigations
Charron Human Resources


Investigating claims of personal harassment and human-rights-related harassment in the workplace requires a careful, step-by-step approach. Important issues which need to be addressed in an investigation include employee searches, confidentiality protections, union representation, and the release of the investigative report. In this workshop, Lancaster's panel of experts will help you devise policies and practices to ensure that investigations in your workplace are conducted as fairly and smoothly as possible. Areas of discussion include:

  • What to do when a harassment complaint arises: What obligations do employers have to investigate complaints of workplace bullying and harassment? Must unions also conduct their own investigation? Can employers and unions ignore "stale" complaints or complaints that appear to lack any evidence? What liability do employers incur if they fail to conduct an investigation or conduct it improperly?
  • Conducting a fair investigation: What are the essential elements of a fair and thorough harassment investigation? What procedural protections should be put in place to ensure that complainants, witnesses and alleged perpetrators are treated in an even-handed manner? What timelines should be established to ensure the investigation is prompt? Who should conduct the investigation: internal or external investigators? How should an investigator be chosen? Should the complainant and/or the alleged perpetrator be removed from the workplace pending the results of the investigation? How should documentary evidence and testimony be assessed?
  • Searches and privacy: What types of electronic searches, such as cell phone record searches and e-mail searches, can investigators conduct? Can an investigator look into an employee's off-duty conduct on Facebook, Youtube, etc. to search for signs of harassment? Can the employer use video surveillance to investigate suspected harassment?
  • Confidentiality and disclosure: What protections should be put in place for the employee subject to investigation, as well as for complainants and witnesses? What safeguards should employers implement during the investigation process to protect against reprisals directed at complainants or witnesses while still respecting the procedural right of the employee being investigated to know the case against him or her? Are complaints and witness statements privileged so that they cannot be used as evidence against the authors? Are investigation reports protected by solicitor-client privilege where a lawyer is involved in the investigative process? What documents or reports may be protected by litigation privilege? Who is entitled to access statements, documents, and/or the final report?
  • The role of the employee and the union: Are employees required to cooperate with an employer's harassment investigation? Can they be disciplined for refusing to answer the employer's questions? What is the role of the union in an investigation? How should a union deal with an investigation involving allegations of harassment by one member against another? Is union representation necessary only at the disciplinary stage of proceedings, or also at the investigatory stage? What are the consequences for failure to allow/ensure the presence of a union representative to advise the complainant? Is the union entitled to a copy of the investigation report?

Further information:


Event Date: Tuesday, June 11, 2013 - 08:30 to 12:00

This workshop features TSX Venture's Listed Issuer Services professionals. They will provide you with details on how to execute Exchange-related transactions simply and efficiently. This workshop is highly interactive and practical. Working with actual case studies, you will gain knowledge you can use immediately.   

  • Private placements
  • Acquisitions and sale of assets
  • Stock options

Click here to register:

Event Date: Saturday, June 15, 2013 - 08:30 to 12:30

See below for registration details

Saturday, June 15, 2013
8:30 am to 12:30 pm.
Schulich School of Law, Dalhousie University
6061 University Ave., Halifax

All lawyers and non-practising members are invited to attend the Society's 2013 Annual Meeting, which will take place on Saturday, June 15, 2013. The Annual General Meeting begins at 8:30 am, followed by keynote speaker, Dr. Julie Macfarlane, Professor of Law, University of Windsor and Professor of Practice, Kroc Institute for International Peace Studies, University of Notre Dame. She will address the complex relationship between access to justice and the delivery of legal services.

Dr. Macfarlane’s presentation will be followed by a two-hour educational component. See the Professional Development Program for a full description of the available sessions.

To confirm your attendance at the 2013 Annual Meeting and Professional Development Program, RSVP to, providing your full name and indicating the educational sessions you plan to attend. You can either elect to attend the two-hour workshop facilitated by Dr. Macfarlane, OR elect to attend two 50-minute sessions: the first from 10:40 to 11:30 am, and the second from 11:40 am to 12:30 pm.

Please note, there is no registration fee for this event.

In your RSVP email, please indicate whether you would like to attend:

The two-hour workshop, Pro se nation? What the self-represented litigant phenomenon means for the private Bar, facilitated by Dr. Julie Macfarlane, from 10:30 am - 12:30 pm


One of the following sessions from 10:40 am - 11:30 am:

  • “Aboriginal law affects my practice?!” – It’s more than fishing and hunting rights Presenter: Naiomi Metallic, Burchells LLP
  • What’s new for not-for-profit corporations Presenter: Ray Adlington, McInnes Cooper
  • Shacking up and splitting up: A year in family law Presenter: Jennifer Kooren, Sealy Cornish Coulthard
  • Using technology to avoid claims Presenter: Stacey Gerrard, LIANS Counsel 
  • The Code of Professional Conduct – Ethical scenarios Presenters: Victoria Rees, Director of Professional Responsibility, NSBS; and Elaine Cumming, Professional Responsibility Counsel, NSBS
  • Recent developments in criminal law Presenters: Mark Scott, Public Prosecution Service – Appeals; and Roger Burrill, Nova Scotia Legal Aid


 One of the following sessions from 11:40 am - 12:30 pm:

  • Planning your professional development Presenters: Jacqueline Mullenger, Director, Education & Credentials, NSBS; and Jennifer Pink, Officer, Education & Credentials, NSBS
  • What’s new for not-for-profit corporations Presenter: Ray Adlington, McInnes Cooper
  • Shacking up and splitting up: A year in family law Presenter: Jennifer Kooren, Sealy Cornish Coulthard
  • Using technology to avoid claims Presenter: Stacey Gerrard, LIANS Counsel
  • The Code of Professional Conduct – Ethical scenarios Presenters: Victoria Rees, Director of Professional Responsibility, NSBS; and Elaine Cumming, Professional Responsibility Counsel, NSBS
  • Recent developments in criminal law Presenters: Mark Scott, Public Prosecution Service – Appeals; and Roger Burrill, Nova Scotia Legal Aid
Event Date: Monday, June 17, 2013 (All day)

Everyone encounters difficult people on a regular basis and typically conversations with them leave people feeling frustrated, stressed, angry and tired.

This workshop will analyze what is happening in those exchanges and demonstrate how people can adapt their strategies to bring about more productive conversations with those they find difficult. The effect of intervention styles will be explored, in particular, how different styles interact with each other. Participants will also learn how to change their interactions with difficult people in order to influence their behaviour, resulting in more positive outcomes.


Event Date: Thursday, May 9, 2013 (All day)

The multiple demands of work necessitate that employees know how to prioritize their responsibilities, work with proficiency, be resourceful and complete tasks in a systematic and organized manner.

This workshop explores the habits and tools necessary to be productive, as well as the attitudes that support a successful work environment. Participants will learn how to represent their organization well and how to streamline systems and procedures, plan out work tasks and focus with renewed energy on the expectations of the workplace.


Event Date: Tuesday, June 18, 2013 (All day)

This workshop is designed for managers, human resource professionals, social service providers and anyone seeking a better understanding of the complexities that surround mental illness. While it is not your responsibility to diagnose mental illness, it can be both important and helpful for you to be aware of the signs and symptoms that indicate someone is experiencing a mental illness.

This workshop will give participants a general overview of common adult mental illnesses and their symptoms, causes and treatment. The final portion of the workshop explores ways of accessing professional help for people struggling with mental illness.


Event Date: Thursday, May 16, 2013 (All day)

Anxiety represents our body's natural alarm system, signaling to us the possibility of danger. When this response arises too frequently or intensely and doesn't match actual situations of danger, it can interfere with life and cause great distress. While every person experiences anxiety, it is estimated that over a quarter of the population will experience anxiety at levels that cause distress in their lives. There is also an increasing concern for rising anxiety among children and youth.

Participants will explore the natural purpose of anxiety and how it can become 'disordered,' including the link with panic, depression, trauma and other health concerns. The main focus of the workshop will be to learn practical and accessible strategies to assist both adults and children in reducing anxiety.


Event Date: Wednesday, May 29, 2013 - 15:00 to Friday, May 31, 2013 - 16:00

The 2013 Canadian Association of Statutory Human Rights Agencies (CASHRA) conference will be held in the City of Halifax, Nova Scotia from Wednesday, May 29 through Friday, May 31.

The Nova Scotia Human Rights Commission, with the assistance of the Atlantic Human Rights Centre, is excited to be hosting this year’s CASHRA conference. The Conference will feature keynote and plenary speeches as well as armchair discussions from human rights leaders, academics and operational experts. We look forward to welcoming you to Canada’s Ocean Playground this May.

For more information and to register, visit

Event Date: Tuesday, May 28, 2013 - 09:00 to 16:00

Learn how to dominate the courtroom on cross-examination in this dynamic tour de force by internationally acclaimed presenters Larry Pozner and Roger Dodd. With practical tips and instructive true-life examples, Pozner and Dodd teach you simple, straightforward, effective techniques from the Chapter Method of Cross-examination that will surprise and reinvigorate even the most experienced civil and criminal litigators.

Don’t miss this rare opportunity to benefit from the creativity, experience and unbridled enthusiasm of America’s top trial advocacy team. Your only regret will be that you didn’t see Pozner and Dodd sooner. This is their second live presentation of Advanced Cross-examination Techniques to the Nova Scotia Bar. Simultaneous webcast and video replays of this seminar will not be available afterwards. Register early to avoid disappointment.

Registration and more information


8:30    Registration and light breakfast

9:00 – 12:00
Constructive Cross-examination – NEW!
Philosophy and Overview of the Science of Cross-examination
The Only Three Rules of Cross-examination
The Chapter Method of Cross-examination

12:00  Lunch

1:00 – 4:00
Page Preparation for Cross-examination
Cross-examination Sequences
Loops, Double Loops, Spontaneous Loops
Controlling the Runaway Witness

4:00    Adjourn

*Schedule includes two 15-minute breaks

Event Date: Friday, June 21, 2013 - 11:45 to Saturday, June 22, 2013 - 17:00

Join your APTLA Colleagues in Moncton for our upcoming MINOR INJURY, SERIOUS IMPAIRMENT & PAIN: PHYSICIANS & LEGAL SPECIALISTS INTERPRET THE LAW Conference. We have arranged presentations from medical experts and senior trial lawyers on the topic of Pain, Impairment, and Disability. We are going to take a detailed look at "Minor Injury" regulation across the Maritime Provinces, and compare legislation and outcomes across the four Atlantic Provinces. Our conference will include presentations from top doctors from New Brunswick, and lawyers from the Atlantic Provinces, Alberta and the US; and will include sessions of value and interest to all plaintiff lawyers.

As an added bonus, we are featuring a special extended presentation by AAJ & NCA Diplomat, James B. Lees, Hunt & Lees (WV), "Persuasion in Personal Injury Cases: Psychology, Preparation and Planning to Win Your Case" - highlighting fundamental psychology principles that can be used in structuring your case presentation to both judges and juries. Jim will include examples of direct and cross examination techniques that can be used in all personal injury cases to help strengthen the persuasion aspects of your case; and he will give case examples of techniques to maximize damage awards in soft tissue injury cases.

Derek Allchurch, Litwiniuk & Company (AB) will bring his experience with Alberta auto cases and their Minor Injury Regulation to our program, sharing strategies for "Minor Injury? I don't think so! - Strategies for All Your Soft Tissue Cases". Derek will also give a short review of the workings of Alberta's Section B Treatment Protocols, a system that will be implemented in NS in April, and may soon follow in NB and PEI.

APTLA's Conference is open to APTLA Members and Non-Members, lawyers and non-lawyers.

Complete information and registration is available at our website:

Event Date: Monday, December 2, 2013 (All day) to Tuesday, December 3, 2013 (All day)

HRPA Recertification

The Human Resources Professionals Association (HRPA) has approved Lancaster House as a Recertification Partner, guaranteeing that participation in our conferences, workshops and audio conferences will be accepted by the HRPA for recertification credit.

Day One - Monday, December 2, 2013

Day Two - Tuesday, December 3, 2013


Conference Co-Chairs

Conference Advisory Committee

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