INFORUM

May 26, 2014 InForum Issue

Society news

The Nova Scotia Barristers’ Society invites you to join a discussion about how the regulatory framework can support innovation in delivery of legal practice.

As part of its ongoing consultation with lawyers about the Society’s transforming regulation initiative, we invite you to join us on Friday, June 13 from 12:00 noon to 3:00 pm at the Society’s offices for lunch and a discussion led by Jordan Furlong, strategic consultant and legal analyst (www.law21.ca).

The Society is seeking lawyers’ input on how it can support innovative responses to an evolving legal landscape, while also maintaining its commitments to quality and to governance in the public interest. Please see Transforming Regulation – Consultation Document for June 13 for more comprehensive detail about the Society’s work around transforming regulation and the ongoing consultation.

Limited spaces are available on a ‘first come’ basis. Please email Shirley Shane at sshane@nsbs.org to express interest in attending. 

For details about matters discussed at Council's meeting on Friday, May 23, please see the Council Highlights and Documents, available on the Council materials page of the Society's website: http://nsbs.org/council-materials.

The next regular meeting of Council is scheduled for Friday, July 18, 2014 at the Society’s offices.

The Society is continuing with its work to consider all aspects of the regulatory model used in Nova Scotia. To assist the Society and to solicit the views of members of the profession, a brief summary of the issues and a questionnaire have been developed.

As part of Council’s ongoing engagement with members on key strategic directions, lawyers are invited to review the background document and answer the survey.

Transforming Regulation consultation

The Nova Scotia Barristers’ Society continues to seek input from lawyers across the province for a study in collaboration with researchers from the Sobey School of Business at Saint Mary’s University.

The study – titled “Stop the Loss: Lawyers Opting Out” – was officially launched on November 1, during the Touchstones For Change: 20 Years Later event co-presented by the Society and CBA-NS. The survey is an opportunity to participate in some innovative new research looking at career retention and health and well-being of lawyers in Nova Scotia. These are important issues for lawyers in Nova Scotia and across Canada.

The researchers greatly appreciate the support from lawyers thus far – if you haven’t already completed the survey, please participate soon. Although participants may find the questions personal, this is necessary to address the underlying issues. The survey is completely confidential. Your individual results will not be shared with anyone, including the Society. This study has been approved by Research Ethics (SMU REB #12-158 and Fanshawe College #13-09-03-1).

Please use the following link to participate in the survey: http://tinyurl.com/SMUlawyers.

 

The following media reports were published since the last edition of InForum:

MacKay fell short as AG, lawyers say
THE LAWYERS WEEKLY | May 30 2014 issue
By Cristin Schmitz

NO DECISION ABOUT TWU DECISION: MANITOBA LAW SOCIETY
Paralegal SCOPE magazine | May 25, 2014

Discriminatory faith-based education has no place in justice
The Gateway/ Univ of Alberta student publication | May 19, 2014
By Holly Detillieux

Interview with President J. Rene Gallant: Podcast (mp3 format)
Accessible Media Inc. | May 15, 2014
By Rachel Ward
(Second story in, starts at 04:18)  

Trinity Western law degree gets conditional approval in Nova Scotia
Halifax Media Co-op | May 13, 2014
By Sarah Slaunwhite

Lawyers With Bibles: Can graduates from an antigay law school defend equality?
Prairie Dog Magazine | May 15, 2014
by Lisa Johnson

Disgraced lawyer Anne Calder wins $600,000 in QEII lottery
Chronicle Herald | May 15, 2014
BRETT BUNDALE STAFF REPORTER

Join the Nova Scotia Barristers’ Society on Twitter @NSBS, for timely updates and current awareness between publications of InForum: https://twitter.com/NSBS

The Society launched a Facebook page in October, to increase public engagement and awareness of our role as the public-interest regulator of the legal profession in Nova Scotia: https://www.facebook.com/NSBarristers

We also have a blog, In the Public Interest, at http://nsbs.org/public-interest.

Visit our YouTube channel: http://www.youtube.com/user/nsbarristerssociety

Connect with us on LinkedIn: http://www.linkedin.com/company/ns-barristers'-society.

Social media is helping to facilitate better connections and information-sharing within the legal and justice sectors. It also provides an accessible space for lawyers and the public to join the conversations about the Society's strategic priorities to enhance access to legal services for all Nova Scotians, and to transform regulation and governance in the public interest. 

Feedback and suggestions are always welcome at communications@nsbs.org.

Web contact resources
To reach a specific NSBS department or staff member directly, call our main switchboard at 902 422 1491 or see the Contact us page for details: http://nsbs.org/contact-us.

Use the Lawyer search directory to look up lawyers in Nova Scotia by name, firm or location. 

Upcoming events calendar: To post a professional development notice relevant to the legal profession, use our online event submission form

Career postings: To post career opportunities relating to the legal profession, use our online career posting form.

To subscribe to the Society's InForum newsletter, published twice monthly for the province's legal profession, email us at communications@nsbs.org.

Our print magazine, The Society Record, is also available for viewing online at http://nsbs.org/society-record.  

Professional Responsibility

Take notice that the Nova Scotia Barristers’ Society gives notice that Philip Whitehead, having been suspended from the practice of law on April 26, 2014, has now had his practising certificate reinstated effective May 25, 2014.

 

Credentials

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

The following member has changed to the Practising Lawyer category:

  • Kenda Lorraine Murphy

The following member has been reinstated to the Practising Lawyer category, effective May 26: 

  • Gregory Rockwell (suspended April 1 pursuant to Regulation 4.6.1, for failure to file the Accountant’s Report on the Trust Account Report; all necessary Forms and/or Reports have now been filed).
 
 
Professional development

The Society’s CPD Requirement is now in the home stretch of its second reporting year. For 2013-14, practising lawyers in Nova Scotia are required to complete a total of 12 hours of qualifying CPD, including a minimum of two hours in each of the following:

  • Substantive Legal Education and Skills Development; and
  • Risk & Practice Management (RPM) and/or Professionalism.

The CPD Chart in the Professional development section for lawyers on the Society’s website provides guidance on topics within each category. The web resources also offer ideas for finding CPD options relevant to your legal practice, from formal programming to creating study groups.

The objective of the CPD Requirement is for lawyers to reassess their practice skills and knowledge continually, in alignment with their professional development goals – and to engage in the most relevant learning-based activities toward achieving those goals.

The deadline for reporting educational activities for the 2013-14 reporting year is May 31, 2014. Visit the website for more specifics, including FAQs, and access your online CPD Log in the Member Login area.  

For more detailed information about the NSBS CPD Requirement, including FAQs, see:

If you have questions, email CPD@nsbs.org or leave a message on the CPD line at (902) 422 1491 ext 371. Someone will respond to your query within five business days.

Access to Justice

Are you interested in doing pro bono work? Access Legal Help NS can help!

Access Legal Help NS is a pilot project of the Legal Information Society of Nova Scotia (LISNS). Our mission is to establish and maintain a pro bono hub that will support access to basic legal advice and foster quality pro bono legal services on key issues for Nova Scotians living in poverty, the working poor, non-profit organizations and others facing barriers in gaining access to justice.

Objectives

  • To create a single place where Nova Scotians can find pro bono services for their legal problem
  • To create various ways for Nova Scotians to gain access to legal pro bono services
  • To partner with organizations already providing pro bono legal services throughout Nova Scotia
  • To educate the Nova Scotia legal community about pro bono opportunities and their benefits
  • To engage and provide opportunities for the legal community in Nova Scotia to participate in delivering pro bono services
  • To raise general public awareness about pro bono legal services

Access Legal Help NS is actively recruiting volunteer lawyers across Nova Scotia in all areas of law with a particular interest in Wills and Estates lawyers and bilingual lawyers. We are currently offering pro bono family law clinics in HRM but plans are underway to roll out the project across Nova Scotia in a variety of areas of law.

With a team of 8 to 10 lawyers per clinic, the time commitment is expected to be a minimal 3-4 times per year for 2 hours (4 half-hour appointments at each clinic). At this time, we can only recruit practising lawyers in good standing with the Nova Scotia Barristers' Society but if you are a student, articled clerk or non-practising member there are other ways you can get involved!

If you have been looking for a pro bono opportunity or would like additional information, please contact Project Coordinator Lauren Grant at 902 454 2198 or accesslegalhelp@legalinfo.org.

More information can also be found online at http://www.legalinfo.org/access-legal-help-ns/

The Legal Information Society of Nova Scotia (LISNS) is pleased to announce that effective January 1, 2014, there is no membership fee to join LISNS’ Lawyer Referral Service.

Each year, thousands of Nova Scotians rely on the Legal Information Society of Nova Scotia’s Lawyer Referral Service to find the legal help they need. Government, community groups and individuals alike recognize LISNS Lawyer Referral Service as a key community legal resource, available to all Nova Scotians. 

If you are a lawyer in private practice, you should join. Among its many benefits, the Lawyer Referral Service is:

  • a practice-building tool;
  • an invaluable legal information resource;
  • a great way to raise your professional profile;
  • a rewarding way to give back to your community; and now,
  • free to join!

We need lawyers from all over the province to join the Lawyer Referral Service. Your commitment is to provide a 30-minute consultation for a nominal fixed fee, and you can limit the number of referrals you receive.

To find out more or to register online, visit www.legalinfo.org, or contact our Legal Information Services Manager, Wendy Turner, at (902) 454-2198 ext 108 or wct@legalinfo.org.

The Legal Information Society of Nova Scotia is a registered charity committed to helping people with legal issues find solutions when they don’t know where else to turn, who to turn to or what help they need. 

Tips from LIANS

Earn CPD hours from the “RPM” category with the remaining two sessions available this May:

(Note: You must register for each desired session separately.)
 
May 27 (noon to 1pm)
NSBS Trust Account Regulations” with Glen Greencorn, NSBS Director of Finance & Administration

*JUST ADDED*
May 29 (noon to 1pm)
“Online Privacy and Data Security” with Matt Edmonds

What privacy and data security standards must your firm meet in order to comply with PIPEDA and other legislation? How secure are your password and encryption policies? Is the Cloud safe? How should you respond to Heartbleed and the end of support for Windows XP? Does your firm need a Privacy Officer (yes!) and what should their responsibilities be? Answers to these questions, and more, will be provided in this webinar.

To register for any webinar, contact Cynthia Nield cnield@lians.ca
 
To attend in person in the NSBS classroom (Suite 800-2000 Barrington Street, Halifax), RSVP with Tammy Yule tyule@lians.ca 902 423 1300 x326 
 
Lawyers and their staff are welcome.

Note: For webinar attendees who gather as a group using one computer, only one participant will need to register to obtain a webinar login link.

The 6th annual LIANS Risk and Practice Management Conference will be held November 28, 2014 from 9:00 am to 4:15 pm at the Casino Nova Scotia in Halifax. Earn CPD hours with sessions including: “Let’s Talk About Tax” with Daren Baxter QC, and a motivational session with two-time kayaking World Champion and two-time Olympian Karen Furneaux.

You may have noticed that the list-servs and email distribution lists to which you belong have been sending you electronic messages requesting that you confirm your consent in order to continue providing you with e-communications. This is in response to Canada’s Anti-Spam Legislation (“CASL”) coming into force on July 1.

CASL applies to all commercial electronic messages, such as email, text (SMS), social media, instant messaging (IM) and voice mail, and includes messages that are a result of an action taken by the recipient, such as a confirmation or welcome email. In order to receive these e-communications, the recipients must confirm their consent before they receive email marketing messages. The messages must clearly identify the sender and contain an unsubscribe option.

Failure to comply with the legislation may result in fines of up to $10,000,000 for corporations, $1,000,000 for individuals, imprisonment, and liability of the business owner should the employees fail to comply.

For more information, visit the Government of Canada’s website at: www.fightspam.gc.ca

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 sgerrard@lians.ca or call 902 423 1300 ext. 345.

We have received reports from several lawyers who received the following scam attempt from “Anna Styrud”. The message appears as below:        

From: Anna Styrud [mailto: annatyrudicial @ aol.com]
Sent: Friday, May 23, 2014 9:40 AM
Subject: INQUIRY

Dear Sir,

We were referred to your firm by American Bar Association. We are inquiring for an Attorney who    specializes in Breach of Contract or Litigation.

Your Sincerely,
Anna Styrud
Chief Financial Officer
Diamyd Medical AB
Kungsgatan 29, SE-111 56
Stockholm, Sweden.

This has been verified as a fraud attempt and can simply be dismissed and deleted.

Visit our Fraud section to read more on current reported scams and how to avoid them.

Remember that you must always confirm a prospective client’s identification in accordance with the Client ID Regulations of the Nova Scotia Barristers’ Society.

If you decide to proceed with a transaction, be sure to go to the bank website to verify the 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 lians.ca. To report or seek advice on dealing with fraud and scam attempts, contact Cynthia Nield at cnield@lians.ca or 902 423 1300, x346.

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

Most of us aren’t happy with the way we look. We’re not fit enough, tall enough, beautiful enough – or thin enough. And the media doesn’t help with its glorification of “ideal” female and male bodies that are, for most of us, impossible to attain. In fact, the pursuit of physical perfection is causing rising rates of eating disorders across North America.

The pressure to be thin means that 70 per cent of women and 35 per cent of men in Canada are on a diet right now (1). But what’s disturbing is that the pressure to be thin is affecting increasing numbers of very young people and contributing to more cases of eating disorders than ever before. Eating disorders have, historically, affected mostly young women. But today, they’re affecting growing numbers of young men and children as young as six. Despite increased public awareness on eating disorders and campaigns to help girls and boys accept their bodies, the statistics are alarming.

The facts of the matter

  • There are two-to-three times more cases of eating disorders than a generation ago (2).
  • 51 per cent of nine and 10-year-old girls say they feel better about themselves when they are on a diet (3).
  • 42 per cent of kids in first through third grades wish they were thinner (4).
  • 81 per cent of ten year olds are afraid of becoming fat (5).
  • The rate of obesity is nine percent in girls, while the rate of eating disorders is 18 per cent (6).
  • Eating disorders have the highest mortality rate of all mental illnesses, with 10 to 20 per cent eventually dying from complications (7).

What is an eating disorder?

Eating disorders are characterized by extreme feelings, attitudes and behaviours about food, eating, body weight and body shape. The Canadian Mental Health Association says that for someone with an eating disorder, “weight is the prime focus of their life” .Their all-consuming preoccupation with calories, grams of fat, exercise and weight allows them to displace the painful emotions or situations that are at the heart of the problem and gives them a false sense of being in control.”

Eating disorders strike all ethnicities, social classes and geographic locations and are associated with serious physical and psychological effects that, if left untreated, can result in life-threatening consequences.

There are three types of eating disorders:

Anorexia Nervosa

Anorexia Nervosa involves extreme food restriction resulting in severe weight loss. Many anorexics see themselves as overweight, even when they are clearly underweight, and are obsessed with eating, food and weight control. They weigh themselves repeatedly and only eat certain foods, and then in very small quantities. Signs include extremely restricted eating habits, extreme thinness (emaciation), a relentless pursuit of thinness and unwillingness to maintain a healthy weight, intense fear of gaining weight and distorted body image. Anorexia can have severe physical repercussions.

Bulimia Nervosa

Bulimia Nervosa is characterized by frequent episodes of binging (eating large quantities of food in a short period of time and feeling out of control) and preoccupation with weight control through purging (forced vomiting, excessive use of laxatives, fasting or exercising excessively). Unlike anorexics, people with bulimia usually maintain a normal weight, while some are slightly overweight. But like anorexics, they too fear gaining weight, want desperately to lose weight, and are intensely unhappy with their bodies. Bulimia can be hard to spot as much of the binging and purging is done in secret – anywhere from several times a week to many times a day.

Other symptoms include chronically inflamed and sore throat, swollen salivary glands in the neck and jaw area, and intestinal distress and irritation from laxative abuse. Bulimia can also cause physical damage over time.

Binge-eating Disorder

With Binge-eating Disorder, or compulsive eating, a person loses control over his or her eating. Eating enormous amounts of food in one sitting is often done in secret and for comfort. However they can then experience guilt, shame and distress about their behaviour, which can lead to more binge-eating. Unlike bulimia, binge-eating is not followed by purging, excessive exercise or fasting. As a result, binge eaters are often overweight or obese and therefore at higher risk for developing diabetes, cardiovascular disease and high blood pressure.

How are eating disorders treated?

Treatment is usually tailored to individual needs and may include one or more of the following:

  • individual, group and/or family psychotherapy,
  • medical care and monitoring,
  • nutritional counselling, and
  • medication.

Some patients may also need to be hospitalized to treat problems caused by malnutrition, to ensure they eat enough if they are very underweight or to learn alternative coping skills in a controlled environment if other outpatient treatment has not been successful. However, with comprehensive treatment, recovery is possible. For more information, contact the NSLAP (contacts below).

Sources: (1)Mood Disorders of Canada (2)National Initiative for Eating Disorders (3)Journal of the American Dietetic Association (4)National Eating Disorders Association (5)National Eating Disorders Association (6)National Initiative for Eating Disorders (NIED) (7)Canadian Mental Health Association

For more information and support in dealing with eating disorders, along with resources and counselling to improve your health and wellness, visit the NSLAP website at www.nslap.ca. Please note that LAP is your “company” name when you register. When you call the LAP number at 1 866 299 1299, your call will be answered any time, day or night, 365 days per year.

Courts

The Courts of Nova Scotia, in consultation with representatives of the media, have developed a policy regarding the use of “Twitter” and other similar technologies from inside the Province’s courtrooms.

There is a “permissive” version that allows Tweeting, texting and emailing, etc. for any purpose, including publication, unless the presiding Judge orders otherwise.

And there is a “restrictive’ version that does not allow Tweeting, texting and emailing, etc. for publication without the permission of the presiding Judge.

PERMISSIVE

In the Court of Appeal, Supreme Court, Supreme Court Family Division, Provincial Court, Domestic Violence Court, Drug Court, Small Claims Court, Probate Court, and Bankruptcy Court … the transmission of text information about court proceedings from inside a courtroom while court is in session, for publication and by any means (including Twitter, texting, email, etc.), is allowed unless the presiding Judge orders otherwise.

RESTRICTIVE

In the Youth Court, Mental Health Court, and Family Court ... the transmission of text information about court proceedings from inside a courtroom while court is in session, for publication and by any means (including Twitter, texting, email, etc.), is not allowed without the permission of the presiding Judge.

PLEASE NOTE:

There are also other restrictions in the Youth Court, Mental Health Court and Family Court.

  • In Youth Court and Mental Health Court, the “restrictive” policy applies only to members of the media. Members of the public must turn off and put away all of their electronic devices before entering the courtroom.
  • Family Court (not Supreme Court Family Division), by statute (The Family Court Act of Nova Scotia), is not open to the public or media except during child protection hearings. When Family Court is hearing child protection matters, the “restrictive” policy applies only to members of the media. Members of the public must turn off and put away all of their electronic devices before entering the courtroom.

The Courts’ policies regarding the use of all electronic devices for other purposes, inside courthouses and inside courtrooms, remain in effect. These are outlined in court-specific documents that can be accessed on the Courts of Nova Scotia website (see bottom of web page).

To: Practitioners in the Family Division (Halifax)

Procedural changes may be required to ensure Court time that becomes available because of failures to file, can be made available to other parties in a timely way. Earlier filing dates and costs awards may be necessary to achieve better results.

When parties have reached an agreement that makes a hearing unnecessary, counsel are asked to notify the Scheduling Office at the first opportunity (not the Intake Office). The fax number for that office is 424-0562. There have been circumstances where letters are directed to a presiding Judge and an unavoidable delay in having the letter acted upon has resulted in lost Court time. When the notification is during the week leading up to a hearing, the presiding Judge should also be copied.

As counsel are aware, many filing deadlines are proximate to a hearing in an effort to provide for the best and most timely information being filed. Filing deadlines proximate to a hearing also maximize the time for settlement and provide an opportunity to reduce the litigation costs by avoiding what may be unnecessary filings.

Counsel are therefore asked to explore settlement prospects before final hearing preparation is necessary.

Ms. Janice Beaton QC

The Registrar of the Supreme Court of Canada issued the following Notice to the Profession on May 26, 2014: 

Counsel are advised that the Supreme Court of Canada has a Memorandum of Understanding with the Canadian Parliamentary Press Gallery (“CPPG”) by which members of the CPPG may be notified of the Court's judgment and reasons for judgment in a given case during a closed door information session (“lock-up”) held just prior to the scheduled public release of the judgment.

The Court will advise parties if there is a request for a lock-up in their case and will ask counsel for the main parties whether they consent to a lock-up. Interveners will not be consulted. A separate lock-up for counsel for the parties, including interveners, will be held on request of counsel for the main parties.

If the Court accepts the request for a lock-up, the lock-up will be conducted at the Supreme Court of Canada Building.

The complete guidelines for lock-ups are available on the Supreme Court of Canada website. For further information, please contact Nadia Loreti, the Director of the Registry Branch at (613) 996 8666.

This notice replaces the notice of February 2006.

Roger Bilodeau QC
Registrar
May 2014

See the original Notice to the Profession on the Court’s website.

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.

ADMINISTRATIVE LAW Nova Scotia (Community Services) v. Campbell, C.A. No. 425612, Bryson, J.A., May 13, 2014. 2014 NSCA 47

ADMINISTRATIVE LAW Fitzgerald v. Nova Scotia (Public Prosecution Service), Hfx. No. 421887, Warner, J., May 15, 2014. 2014 NSSC 183

CONTRACTS Masontech Inc. v. Aaffinity Contracting and Environmental Ltd., Hfx. No. 408739, LeBlanc, J., May 2, 2014. 2014 NSSC 164

CRIMINAL LAW R. v. Young, C.A.C. No. 424684, Bryson, J.A., May 15, 2014. 2014 NSCA 48

CRIMINAL LAW R. v. Googoo, C.A.C. No. 417495, MacDonald, M. C.J., May 16, 2014. 2014 NSCA 49

CRIMINAL LAW R. v. Stewart, No. 2596439; 2600435, Atwood, J.P.C., April 23, 2014. 2014 NSPC 22

CRIMINAL LAW R. v. B. (K.), No. 2632254; 2632255; 2632431; 2632432, Campbell, J.P.C., May 16, 2014. 2014 NSPC 23

CRIMINAL LAW R. v. B. (K.), No. 2632254; 2632255; 2632431; 2632432, Campbell, J.P.C., May 20, 2014. 2014 NSPC 24

CRIMINAL LAW R. v. Smith, CR.H. No. 412257, Rosinski, J., March 27, 2014. 2014 NSSC 124

CRIMINAL LAW R. v. Walker, CR.H. No. 412044, Rosinski, J., March 27, 2014. 2014 NSSC 125

CRIMINAL LAW R. v. Clarke, CR.H. No. 346068, Coady, J., May 13, 2014. 2014 NSSC 177

CRIMINAL LAW R. v. Way, Hfx. No. 422043, Arnold, J., May 20, 2014. 2014 NSSC 180

DAMAGES Lloyd MacLellan Construction Services Limited v. Halifax (Regional Municipality), Hfx. No. 276935, Wright, J., May 15, 2014. 2014 NSSC 118

DAMAGES Kelsey v. Jones, Hfx. No. 333984, Coady, J., May 14, 2014; May 13, 2014 (orally). 2014 NSSC 175

FAMILY LAW Matthews v. Burns, S.F.P.A.F. No. 008965, Legere-Sers, J., February 27, 2014. 2014 NSSC 76

FAMILY LAW B. (P.) v. Nova Scotia (Community Services), S.F.H.C.F.S.A. No. 086845, Dellapinna, J., May 16, 2014. 2014 NSSC 182

FAMILY LAW Armoyan v. Armoyan, S.F.H.I.S.O.No. 080027; Remo/Reso - 60829, Forgeron, J., May 14, 2014. 2014 NSSC 174

FAMILY LAW Borden v. Borden, No. 1201-66709, Gass, J., May 2, 2014. 2014 NSSC 163

MAINTENANCE Edwards v. Stroud, C.A. No. 420185, Bryson, J.A., May 12, 2014. 2014 NSCA 46

MAINTENANCE Kennedy v. McNiven, S.F.H.M.C.A. No. 23192, Beaton, J., May 13, 2014. 2014 NSSC 162

MUNICIPAL LAW Northwoodcare Inc. v. Nova Scotia (Assessment), Hfx. No. 417019, Muise, J., May 5, 2014. 2014 NSSC 167

PRACTICE Geophysical Service Inc. v. Canada – Nova Scotia Offshore Petroleum Board, Hfx. No. 410874, Boudreau, J., May 14, 2014. 2014 NSSC 172

PRACTICE George v. Nova Scotia (Health and Wellness), Hfx. No. 411252, Moir, J., May 20, 2014. 2014 NSSC 184

REAL PROPERTY Webster v. Duncanson, S.Y. No. 284509, Coughlan, J., April 28, 2014. 2014 NSSC 152

REAL PROPERTY Stonehouse v. Bailey et al., C.A. No. 411231, Fichaud, J.A., May 21, 2014. 2014 NSCA 50

REAL PROPERTY Jerome v. Akers, Hfx. No. 391604, LeBlanc, J., April 16, 2014. 2014 NSSC 138

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.

May 23, 2014

Canadian National Railway Co. v. Canada (Attorney General)

Neutral Citation: 2014 SCC 40 (CanLII)

File No.: 35145.

2014: January 14; 2014: May 23.

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

On Appeal from the Federal Court of Appeal

Administrative law — Transportation law — Boards and tribunals — Judicial review — Standard of review — Governor in Council rescinding decision of Canadian Transportation Agency — Whether Governor in Council empowered to vary or rescind decision of Agency — Whether applicable standard of review is correctness or reasonableness — Canadian Transportation Act, S.C. 1996, c. 10, ss. 40, 41, 120.1.

The confidential contract between PRC and CN for shipping coal specified that a fuel surcharge set out in Tariff 7402 would be applied when the monthly average price of highway diesel fuel equalled or exceeded the “strike price”. Tariff 7402 set the strike price at US$1.25 per gallon. CN could make unilateral changes to Tariff 7402, and the contract provided no mechanism for PRC to challenge any such change.

Shortly after the confidential contract took effect, CN introduced Tariff 7403, which provided for a higher strike price. Tariff 7402 and its lower strike price would remain in effect until the expiration of those contracts to which it applied. CN refused to apply the higher strike price to PRC’s traffic, and the Canadian Transportation Agency (“Agency”) dismissed PRC’s application under s. 120.1 of the Canada Transportation Act (“CTA”) for an order that the strike price in Tariff 7402 be varied to reflect the higher strike price in Tariff 7403. The Canadian Industrial Transportation Association then filed a petition under s. 40 of the CTA requesting that the Governor in Council vary the Agency’s decision and direct the Agency that the confidential contract does not preclude the Agency from assessing the reasonableness of the fuel surcharge in Tariff 7402. The Governor in Council rescinded the Agency’s decision. On judicial review, the Federal Court found that the issue before the Governor in Council was one of pure jurisdiction, applied the correctness standard and set aside the Order of the Governor in Council, and restored the Agency’s decision. The Federal Court of Appeal, applying a reasonableness standard, set aside the judgment of the Federal Court and dismissed CN’s application for judicial review of the Governor in Council’s decision.

Held: The appeal should be dismissed.

 

May 22, 2014

McCormick v. Fasken Martineau DuMoulin LLP
Neutral Citation: 2014 SCC 39 (CanLII)
File No.: 34997.
2013: December 13; 2014: May 22.

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

On Appeal from the Court of Appeal for British Columbia

Human rights — Discrimination — Employment — Age — Law firm partnership agreement containing provision relating to retirement at age 65 — Equity partner filing complaint with Human Rights Tribunal arguing provision constituting age discrimination in employment — Whether equity partner engaged in “employment relationship” for purposes of Human Rights Code — Whether complaint comes within jurisdiction of Human Rights Tribunal — Human Rights Code, R.S.B.C. 1996, c. 210, ss. 1, 13 and 27.

M became an equity partner at his law firm in 1979. An equity partner has an ownership interest in the firm. In the 1980s, the equity partners voted to adopt a provision in their Partnership Agreement that required equity partners to retire as equity partners and divest their ownership shares at the end of the year in which they turned 65. A partner could make individual arrangements to continue working as an employee or as a “regular” partner without an equity stake, but such arrangements are stated in the Agreement to be the exception rather than the rule. In 2009, when he was 64, M brought a complaint to the Human Rights Tribunal arguing that this provision constituted age discrimination in employment, contrary to s. 13(1) of the Human Rights Code, R.S.B.C. 1996, c. 210 (“Code”).

The law firm applied to have the complaint dismissed on the grounds that M, as an equity partner, was not in the type of workplace relationship covered by the Code. The Tribunal concluded that there was an employment relationship. The law firm’s application for judicial review was dismissed by the B.C. Supreme Court. The Court of Appeal allowed the appeal, concluding that M, as a partner, was not in an employment relationship pursuant to the Code.

Held: The appeal should be dismissed.      

 

May 15, 2014

Stubicar v. Canada
Neutral Citation: 2014 SCC 38 (CanLII)
File No.: 35368
2014: May 15.

Judges: Rothstein, Marshall

ORDER MOTION / ORDONNANCE REQUÊTE
VLASTA STUBICAR v. DEPUTY PRIME MINISTER AND MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
(35368)

ROTHSTEIN J.:

[1] The issue that arises on this motion is whether the Registrar’s refusal to submit a matter to the Court under Rule 73(4) of the Rules of the Supreme Court of Canada, SOR/2002-156, is an order of the Registrar subject to review by a judge of the Court under Rule 78.

[2] Vlasta Stubicar’s application for leave to appeal to this Court was dismissed on September 12, 2013. Following that decision, Ms. Stubicar sought a reconsideration of the decision. Rule 73(1) provides that “[t]here shall be no reconsideration of an application for leave to appeal unless there are exceedingly rare circumstances in the case that warrant consideration by the Court.” Pursuant to Rules 73(2) and 73(3)(b), the motion for reconsideration must be filed with the Registrar and must include an affidavit setting out the exceedingly rare circumstances in the case that warrant consideration by the Court and an explanation of why the issue was not previously raised. If the affidavit does not set out the required exceedingly rare circumstances, Rule 73(4) states that the motion “shall not be submitted to the Court”. Accordingly, the Registrar will not accept for filing a motion that does not contain an affidavit setting out “exceedingly rare circumstances”.

[3] In a letter dated November 20, 2013, the Registrar informed Ms. Stubicar that her reconsideration application would not be accepted for filing because it did not “reveal the exceedingly rare circumstances which would warrant reconsideration by this Court”. Ms. Stubicar’s motion materials were returned to her.

[4] On December 10, 2013, Ms. Stubicar sought to file a motion to a judge under Rule 78 to review the Registrar’s decision. That rule provides that within 20 days after the Registrar makes an order, any party affected by the order may make a motion to a judge to review the order.

[5] On December 19, 2013, the Registrar returned the Rule 78 motion materials on the basis that the initial motion for reconsideration had been reviewed and refused in accordance with Rule 73.

[6] Now, Ms. Stubicar has filed the present motion for directions, in which she is seeking, amongst other things, an order directing the Registrar to accept for filing her Rule 78 motion. She contends that the decision of the Registrar to refuse to accept a motion for reconsideration for filing constitutes an order of the Registrar subject to review by a judge under Rule 78. In my view, it does not.

[7] The Registrar has the important function of assisting the Court in managing its docket and it is in that role that the Registrar is acting when making decisions under Rule 73(4). The decision of the Registrar to not accept a motion for reconsideration for filing is a function of the Registrar’s authority pursuant to Rule 8(2), which allows the Registrar to refuse a document that does not comply with the Rules.

[8] A decision of the Registrar under Rule 73(4) is not an order of the Registrar subject to review by a judge under Rule 78. Reconsideration of an application for leave to appeal will, as Rule 73(1) states, occur in “exceedingly rare circumstances”. Rule 73(3)(b) sets forth the stringent requirement that such an application be accompanied by an affidavit setting out the exceedingly rare circumstances and the reason why the issue was not previously raised. In the absence of such an affidavit — i.e., if the circumstances set out in the affidavit are not “exceedingly rare” —, the Registrar shall not submit the application to the Court and it will be refused.

[9] If a decision of the Registrar under Rule 73(4) constituted an order, it would be subject to review by a judge of the Court under Rule 78. While the judge would not be conducting a reconsideration of the application for leave, he or she would nonetheless be occupied with reviewing the Registrar’s decision, including whether the motion contains an affidavit setting out exceedingly rare circumstances and an explanation of why the issue was not previously raised. As Rule 73(4) is intended to limit access to the Court where minimum standards are not met, allowing for review of Rule 73(4) decisions of the Registrar would be contrary to the intent of the scheme. Accordingly, a decision of the Registrar under Rule 73(4) to not submit an application to the Court is not reviewable by a judge under Rule 78.

[10] The motion for an order directing the Registrar to accept for filing the Rule 78 motion is dismissed.

J.S.C.C.

J.C.S.C.

 

May 14, 2014

Canada (Citizenship and Immigration) v. Harkat
Neutral Citation: 2014 SCC 37 (CanLII)
File No.: 34884.
2013: October 10, 11; 2014: May 14.

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

On Appeal from the Federal Court of Appeal

Constitutional law — Charter of Rights — Right to life, liberty and security of person — Certificate issued against foreign national stating that he is inadmissible to Canada on national security grounds for allegedly engaging in terrorism — Named person challenging constitutionality of security certificate scheme on grounds that it prevents full disclosure and personal participation in hearings — Whether scheme under which security certificate issued deprives named person of right to life, liberty and security of person in accordance with principles of fundamental justice — Canadian Charter of Rights and Freedoms, s. 7 — Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 77(2), 83(1)(c), 83(1)(d), 83(1)(e), 83(1)(h), 83(1)(i), 85.4(2), 85.5(b).

Immigration — Inadmissibility and removal — National security — Certificate issued against foreign national stating that he is inadmissible to Canada on national security grounds for allegedly engaging in terrorism — Judge reviewing reasonableness of certificate finding sufficient evidence to demonstrate that certificate was reasonable and upholding certificate — Whether designated judge erred in concluding that certificate was reasonable.

Evidence — Privilege — Informer privilege — Information used against named person obtained by CSIS from human sources — Whether CSIS human sources are covered by class privilege — Whether CSIS human sources can be cross-examined.

Constitutional law — Charter of Rights — Procedural fairness — Duty to disclose — Remedy — Summaries of intercepted conversations tendered as evidence against named person — Source materials for summaries destroyed in accordance with internal policy of CSIS — Whether destruction of source materials breached named person’s right to procedural fairness — Whether designated judge erred in refusing to exclude summaries of intercepted conversations — Canadian Charter of Rights and Freedoms, ss. 7, 24(1).

Stay of proceedings — Duties of candour and utmost good faith — Fairness of process — Ex parte proceedings — Review of reasonableness of security certificate — Whether ministers made reasonable efforts to obtain information sought by special advocates — Whether ministers breached duties of candour and utmost good faith — Whether proceedings against named person were fair — Whether named person entitled to stay of proceedings.

H is alleged to have come to Canada for the purpose of engaging in terrorism. In 2002, a security certificate was issued against H under the scheme then contained in the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”). The certificate declared H inadmissible to Canada on national security grounds. After a successful constitutional challenge of the then existing IRPA security certificate scheme and subsequent amendments to the IRPA, a second security certificate was issued against H and referred to the Federal Court for a determination as to its reasonableness. During the proceedings, the special advocates appointed to protect the interests of H in the closed hearings sought to obtain disclosure of the identity of human sources who provided information regarding H to the Canadian Security Intelligence Service (“CSIS”) as well as permission to interview and to cross-examine them. The designated judge rejected their request, finding that the common law police informer privilege should be extended to cover CSIS human sources. The designated judge also rejected their request to compel the ministers to obtain updated information from foreign intelligence agencies on several alleged terrorists with whom H was claimed to have associated. In addition, H’s request to exclude from the evidence summaries of intercepted conversations on the ground that the original recordings and notes of these conversations were destroyed pursuant to CSIS policy OPS-217 was refused by the designated judge. The designated judge found the security certificate scheme under the amended IRPA to be constitutional, and concluded that the certificate declaring H inadmissible to Canada was reasonable. On appeal, the Federal Court of Appeal upheld the constitutionality of the scheme but found that the identity of CSIS human sources is not protected by privilege. It also excluded from the evidence the summaries of intercepted conversations to which H had not been privy, and remitted the matter to the designated judge for redetermination on the basis of what remained of the record after the exclusion of the summaries.

Held (Abella and Cromwell JJ. dissenting in part on the appeal): The appeal should be allowed in part. The cross-appeal should be dismissed. The IRPA scheme is constitutional. CSIS human sources are not protected by a class privilege. The designated judge’s conclusion that the security certificate was reasonable is reinstated.

 

May 14, 2014

Canadian Artists’ Representation v. National Gallery of Canada
2014 CanLII 23904 (SCC) (CanLII)
File No.: 35353
2014: May 14.

Judges: McLachlin, Beverley; LeBel, Louis; Abella, Rosalie Silberman; Rothstein, Marshall; Cromwell, Thomas Albert; Moldaver, Michael J.; Wagner, Richard

On Appeal from the judgment of the Federal Court of Appeal.

JUDGMENT

The appeal from the judgment of the Federal Court of Appeal, Number A-84-12, 2013 FCA 64, dated March 4, 2013, was heard on May 14, 2014, and the Court on that day delivered the following judgment orally:

The Chief Justice — The appeal is allowed, with reasons to follow.

C.J.C.

(OTTAWA, May 23, 2014) – The Right Honourable Beverley McLachlin, Chief Justice of Canada, has announced that the Honourable Mr. Justice Louis LeBel wrote to the Minister of Justice, the Honourable Peter MacKay, to advise that he will complete his tenure as a judge on the Court and retire on November 30, 2014, when he reaches the age of 75. The Judges Act provides that a judge of the Supreme Court of Canada may, for a period of six months following his or her retirement, continue to participate in judgments with respect to cases heard prior to retiring.

Chief Justice McLachlin said, “Justice LeBel has served on the Court with great distinction. He is a jurist of immense gifts and wisdom, and is a pillar of the Court. He is deeply loved and respected by his colleagues and he will be dearly missed.”

Justice LeBel said, “By the date of my retirement, I will have served as a judge for thirty years, including over fourteen years on the Supreme Court of Canada.  It has been a privilege to contribute to the administration of justice in Canada and to the development of our laws. I have been fortunate to share my duties with colleagues whom I deeply appreciate and respect.”

Justice LeBel was appointed to the Supreme Court of Canada on January 7, 2000, after serving over 15 years as a judge of the Court of Appeal of Quebec and a distinguished career at the Quebec Bar.

See the original media advisory from May 23.   

Province

News releases from the provincial government are available at this link, and are searchable by department and date: http://novascotia.ca/news/

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

JUSTICE: Find all DOJ announcements at http://www.gov.ns.ca/just/communications/

Service Nova Scotia: Find all news releases at http://www.gov.ns.ca/snsmr/

  • Antique Licence Plates to Include Tractors (May 23) 
AGRICULTURE: Apple Orchard Renewal Promoted by New Program (May 16) 

AUDITOR GENERAL: May 2014 Report Released (May 21) 

COMMUNITIES, CULTURE AND HERITAGE: Rare Account Book of 18th Century Military Activities Available Online (May 23) 

COMMUNITY SERVICES: Funding to Provide More Supports for Vulnerable Women, Children (May 21) 

COUNCIL OF ATLANTIC PREMIERS: Premiers Focused on Economic Growth (May 26) 

ECONOMIC/RURAL DEVELOPMENT/TOURISM: More Summer Jobs for Nova Scotia Students (May 13) 

EDUCATION/EARLY CHILDHOOD DEVELOPMENT
  • Help Shape the Future of Education on May 30, Survey Day (May 26)
  • Students, Families to Benefit from SchoolsPlus Expansion, New Mental Health Clinicians (May 23)
  • Government Investing in School Improvements (May 22)
  • Government to Strengthen Supports for African Nova Scotia Students (May 21) 
ENERGY: Government Announces New Geoscience Investment (May 13) 

ENVIRONMENT: Input Sought by July 11 on Proposed Solid Waste Changes (May 13)

FILM/CREATIVE INDUSTRIES N.S.: Nova Scotia Filmmakers Debut at Cannes (May 16) 

FINANCE/TREASURY BOARD: Province Moves U-vint Consultations Forward (May 26) 

HEALTH/WELLNESS
  • Dementia Strategy Advisory Committee Members Named (May 15)
  • Two Major Hospitals to Expand, Modernize (May 14) 
LABOUR/ADVANCED EDUCATION
  • Changes Help More Apprentices Begin, Complete Training (May 23)
  • Nova Scotians Get Work Experience, Jobs (May 23)
MUNICIPAL AFFAIRS: Province Launches Municipal Financial Condition Index (May 15)  

PREMIER'S OFFICE
  • Atlantic Provinces Continue Streamlining Apprenticeship (May 26)
  • Co-operating to Grow Economy Focus at Council of Atlantic Premiers Meeting (May 23)
  • Mi'kmaq Chiefs, Cabinet Focus on Improving Relationships, Creating Opportunities (May 20) 
SPEAKER'S OFFICE: Forum Brings Together Persons with Disabilities, Advocates and Policy-makers (May 21) 

STATUS OF WOMEN: Registration Opens for 2014 Campaign School for Women (May 14) 

TRANSPORTATION/INFRASTRUCTURE RENEWAL: Pilot Applicants Receive Approval to Test Drive Segways (May 13) 
 

No proclamations were published in the Royal Gazette, Part II since the last issue of InForum.

Proclamations are published in the Royal Gazette, Part II, which is issued every other week and is available by subscription. Unofficial copies of the Royal Gazette, Part II are available online through the Registry of Regulations website.

The Office of the Legislative Counsel maintains a Proclamations of Statutes database, providing the effective dates of proclamations for statutes from 1990 to date. The database is updated with information received weekly from the Executive Council Office. To access the database, go to the Office of the Legislative Counsel’s website, then select Proclamations from the list of links on the left side of the page. The information provided by the database is for convenience only. For purposes of interpreting and applying the law, please consult official sources.

The orders in council authorizing the proclamations can be searched via the Orders in Council database maintained by the Executive Council Office. This database contains information about orders in council dating back to 1991.

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

Other news

The Law Reform Commission of Nova Scotia has released a public survey regarding the Powers of Attorney Act. The survey invites respondents to give feedback on a number of proposals for reform of the Powers of Attorney Act. It also asks respondents to share their experiences using powers of attorney.

The survey is intended for a general audience, and is designed to be user-friendly and accessible. It is meant to complement the Commission’s extensive Discussion Paper on the Powers of Attorney Act, which was released in March. Members of the Nova Scotia Bar are invited to bring the survey to the attention of their clients and other interested organizations and members of the public.

The survey booklet is available online, through the Commission's website: www.lawreform.ns.ca. Print copies are available by request.

For more information about the Powers of Attorney Act project, and the Commission's other projects, please contact the Commission at info@lawreform.ns.ca, or 902 423 2633. 

Paul Carver has been appointed chief Crown attorney of the Halifax region of Nova Scotia, effective June 2.

"I am very pleased to have a Crown attorney of Mr. Carver's calibre heading the Halifax region," said Martin Herschorn, Director of Public Prosecutions. "His experience and ability make him well suited for this key management role."

Mr. Carver will lead a team of 30 Crown attorneys and more than 20 support staff in Halifax and Dartmouth.

A native of Halifax, Mr. Carver holds a combined honours Bachelor of Arts degree in history and political science from Dalhousie University. He graduated from Dalhousie Law School in 1992.

Mr. Carver began his law career as an articled clerk to Craig Garson, at Scaravelli and Garson in Halifax. In 1995, he joined the Nova Scotia Public Prosecution Service where he has prosecuted thousands of Criminal Code charges ranging from theft to murder. In 2007, Mr. Carver joined the Public Prosecution Service of Canada where he prosecuted offences under the Controlled Drugs and Substances Act. He returned to the Nova Scotia Public Prosecution Service in 2009. 

Mr. Carver is an expert on dangerous offender applications, has been published on the topic, and has given many presentations to the public, police officers and other justice system participants. Mr. Carver is also the service's provincial co-ordinator for the National High Risk Offender Flagging Program.

Mr. Carver replaces Denise Smith, who has been appointed deputy director of public prosecutions.

See the May 22 announcement from the Public Prosecution Service. 

The Society wishes to advise members of the recent death of the following colleague. We extend our condolences to his friends and family.

  • Brian Charles Crocker QC, Halifax – May 18, 2014 Obituary

Also see these media reports:

Woozles co-founder Brian Crocker dies: Crocker remembered by family as man who loved to read to children
CBC News | May 20, 2014

Woozles co-owner Brian Crocker dies
Chronicle Herald | May 20, 2014

Woozles co-founder and co-owner Brian Crocker dies at 72
Quill & Quire | May 20, 2014

Careers

Capital District Health Authority is seeking to fill the position of Senior Legal Counsel  

Responsibilities: Capital District Health Authority (Capital Health) is the largest District Health Authority in the Province of Nova Scotia. As such, it is a complex organization subject to a significant amount of legislation, regulations, by-laws, policies and procedures. Capital Health is affiliated with Dalhousie University in many areas including the appointment of Medical Staff and the delivery of numerous educational programs and cooperative research initiatives. Senior Legal Counsel is a member of Capital Health's Leadershift Community and acts as a senior corporate resource to Capital Health. Together with Capital Health's General Counsel, he/she performs or supervises the performance of complex legal work for Capital Health's leaders and other Capital Health stakeholders. Senior Legal Counsel advises Capital Health on legal issues of significant importance to general operations including legal issues sensitive to political/public relations.  He/she represents Capital Health in legal proceedings or supervises such representation.

Qualifications

  • Bachelor of Laws from a recognized Canadian University
  • Practising member or eligibility for practising member status with the Nova Scotia Barristers Society.
  • Minimum of 8 years in active practice as a Barrister and Solicitor with an emphasis in such areas as Corporate Commercial, Administrative and Health Law
  • Very high level of judgment and initiative required
  • Ability to provide leadership and to foster a cooperative environment
  • Excellent oral and written communication skills, interpersonal skills and negotiating skills
  • Ability to draft institutional policies and procedures, regulations, bylaws, contracts, briefs, position statements and legal responses.
  • Ability to perform complex legal research and to provide competent legal advice to Leadership Enabling Team and Capital Health's other  leaders on a wide range of legal and policy issues related to all aspects of healthcare delivery and business operations of a public Health Care Authority.
  • Detailed knowledge of federal and provincial statutes and regulations applicable to the delivery of healthcare and business operations of a public Health District Authority.
  • Ability to develop and implement strategic approaches to resolution of complex and/or sensitive legal issues.
  • Ability to supervise investigations, analyze information and draw conclusions.
  • Knowledge of judicial and administrative law systems and procedures.
  • Advanced knowledge of corporate commercial law and contract law.
  • High degree of tact and diplomacy.
  • Knowledge of healthcare law and experience in acting as legal counsel to District Health Authorities an asset.
  • Experience in management of business interests and leadership of legal personnel desirable
  • Established relationships with government departments/legal counsel desirable.
  • Experience working with and understanding of governance in public sector desirable
  • Competencies in other languages an asset, French preferred

PLEASE NOTE: Applicants relying on education and experience equivalencies must demonstrate such equivalencies in their application. Additionally, candidates will not be considered for an interview if applications are incomplete or are missing information.

Hours of Work: Permanent full-time position; 75 hours bi-weekly

Salary: Senior Legal Counsel – $48.3642 - $60.4555 hourly

Successful applicants are required to provide a criminal record check (including Vulnerable Sector Search) before starting employment and assume any associated costs as a condition of employment. We will contact you should you be selected for an interview. 

Capital Health is proud to provide a smoke free and scent free environment that promotes our vision - Healthy people, healthy communities. Successful applicants are required to provide a criminal record check (including Vulnerable Sector Search) to People Services before starting employment and assume any associated costs as a condition of employment.

For more information or to apply, please visit Capital Health's Career Opportunities website (JobID 1017103) at: https://erecruit.cdha.nshealth.ca/psc/EXTAPP/EMPLOYEE/HRMS/c/HRS_HRAM.HRS_CE.GBL

LaFosse MacLeod, a law firm in Sydney, N.S., is currently offering an immediate career opportunity for an associate lawyer within our litigation department to work within a team environment. This is an excellent opportunity for a lawyer to be introduced to challenging work and potentially secure a leadership role in the future. The successful candidate must be a member in good standing of the Nova Scotia Barristers' Society.

RESPONSIBILITIES

The candidate's responsibilities will include:

  • Handling client files in all areas of litigation
  • Assisting senior counsel with respect to all aspects of litigation, including research and drafting opinions
  • Drafting documents, pleadings and agreements
  • Conducting discoveries, trials and hearings

QUALIFICATIONS

  • Experience in family and insurance law considered an asset
  • Highly motivated, with strong career commitment and aspiration for professional growth.
  • Attention to detail and ability to work with minimal supervision
  • Strong organizational skills for managing client files in a timely and orderly manner
  • Strong working knowledge of Microsoft Office, Quicklaw and DivorceMate software
  • Strong written and verbal communication skills

CONTACT

If you are interested in this career opportunity, please forward a complete resume with references to Guy LaFosse at glafosse@lafossemacleod.ca on or before June 6, 2014.

CASEY RODGERS CHISHOLM PENNY, a Dartmouth law firm, is relocating its office and looking for an additional associate to join their growing practice. If the opportunity to join a mid-sized firm in brand new premises is of interest, we would welcome the chance to speak with you.

Please contact Kent W. Rodgers at krodgers@crcplawyers.com or 902 434 6181. 

  • Do you want a career in a law firm that rewards you for a commitment to an excellent work product?
  • Are you looking for an employer who facilitates a team-working environment?
  • Are you tired of commuting in rush hour traffic to Halifax?

Look no further. BOYNECLARKE LLP is a dynamic, fast-growing Dartmouth law firm.

Position Overview:
Our Creditor Practice Team is looking to hire a dedicated, enthusiastic and organized Credit Manager.

Core Duties and Responsibilities:

  • Administer the firm’s credit and collection policies;
  • Conduct client credit interviews;
  • Implement approved practices and procedures related to the enhancement of credit and collections functions;
  • Conduct monthly meetings with lawyers to review receivables;
  • Regular monitoring of work-in-progress;
  • Provide on-going training to personnel with regards to the credit and collection system;
  • Prepare monthly reports for management outlining: receivables, work-in-progress, retainer performance and collection issues;
  • Maintain the credit portion of the Prolaw database;
  • Provide general assistance to the Accounting Team as needed.

Required Skills and Knowledge:

  • Proven credit experience and training;
  • A diploma or degree in Business is an asset;
  • Exceptional attention to detail and proven organization skills;
  • Excellent verbal and written communication skills with the ability to be professional but firm;
  • A motivated self starter that can also work well both autonomously and in a team environment;
  • Critical thinking coupled with strong problem solving skills;
  • Excellent client service skills;
  • Outstanding computer skills, specifically Microsoft Word, Outlook, and Excel with the ability to learn new software quickly;
  • A positive team player.

BOYNECLARKE LLP provides a comprehensive benefits package including health, dental, life and dependent life insurance, Group RSP, EAP and Health & Wellness initiatives; salary to be commensurate with experience. We offer a friendly and professional work environment.

Our offices are located in Metropolitan Place, 99 Wyse Road in downtown Dartmouth across the street from the Dartmouth Sportsplex. Our website www.boyneclarke.ca offers more information about our firm. 

Please reply in confidence to:

Director of Human Resources
BOYNECLARKE LLP
P.O. Box 876
Dartmouth, NS B2Y 3Z5
hr@boyneclarke.ca

Newly renovated office space opening soon in historical building (the post office) in Granville Ferry (across the river from Annapolis Royal).  

Looking for full or part time barrister/solicitor with own practice to share office space. 

Contact: info@knoxlaw.ca

 

 

Upcoming Events
Event Date: Tuesday, May 27, 2014 - 12:00 to 13:00

To register for any webinar, online registration is available through ‘Events’ in the NSBS Members Login page:

To attend in person in the NSBS classroom (Suite 800-2000 Barrington Street, Halifax), RSVP with Tammy Yule tyule@lians.ca 902 423 1300 x326 Lawyers and their staff are welcome.

Note: for webinar attendees who gather as a group using one computer, only one participant will need to register to obtain a webinar login link.

Event Date: Tuesday, May 27, 2014 - 16:30 to 18:00

Tech Tips ...

Whether it is researching case law on the internet, drafting documents or communicating with clients or colleagues, practicing law goes hand-in-hand with technology. Join presenters Julia Cornish QC and Stacey Gerrard as they share with you their favourite technology tips that ‎will help you work more efficiently and effectively.

Sessions@Schulich is a presentation series to help you satisfy your continuing professional development requirements.

All sessions are free, but require pre-registration.

To register, please contact Cherilyn MacIntosh at cherilyn.macintosh@dal.ca with "May Sessions@Schulich" in the subject line of your email.

Event Date: Wednesday, May 28, 2014 - 17:30 to 20:00

The 16th Annual Bench and Bar Round Table Dinner Meeting with the Justices of the Supreme Court of Nova Scotia Family Division and the Judges of the Family Court for the Province of Nova Scotia.

Register online

Event Date: Wednesday, May 28, 2014 - 12:00 to 13:00

An update on the Operations of the Canada Border Services Agency at the Halifax Stanfield International Airport.

Speakers:

  • Dominic Mallette, Chief of Operations - Halifax Stanfield International Airport,
  • Susan Renzetti, Supervisor - Halifax Stanfield International Airport

New this year – if your buddy joins the CBA as a result of your invitation, you win a free registration to a one-day conference (this is worth $252.00 plus HST)!

In April and May 2014 consider bringing a non-member buddy to a Section Meeting.  Sections provide opportunities for lawyers to further their professional education and to keep ahead of current developments within the profession. The Nova Scotia Branch wants to show non-members what they’re missing!! Your buddy must register and pay the registration fee as well – spread the word so as not to miss out on this opportunity!

Event Date: Thursday, May 29, 2014 - 19:00

Pre-Bar Call Celebration

All articled clerks to be called to the Nova Scotia bar in June are invited to The Stubborn Goat (1579 Grafton Street, Halifax) on Thursday, May 29th at 7pm for a Pre-Bar Call Celebration. 

Please RSVP to Cameron Foster (cfoster@stewartmckelvey.com) or Tejas Madhur (virdimtb@gov.ns.ca). We are holding out on letting people bring a guest until we have a better idea of numbers.

Hope to see you there!
Cameron & Tejas

Event Date: Wednesday, May 28, 2014 - 12:00 to 13:00

Will an Omnibus Monster Swallow the Trade-Mark Act?  Proposed changes to the Act under Bill C-31.

Speaker: Robert Aske - Stewart McKelvey

BRING A BUDDY MONTHS!

New this year – if your buddy joins the CBA as a result of your invitation, you win a free registration to a one-day conference (this is worth $252.00 plus HST)!

In April and May 2014 consider bringing a non-member buddy to a Section Meeting.  Sections provide opportunities for lawyers to further their professional education and to keep ahead of current developments within the profession. The Nova Scotia Branch wants to show non-members what they’re missing!! Your buddy must register and pay the registration fee as well – spread the word so as not to miss out on this opportunity!

Event Date: Friday, June 20, 2014 - 12:00 to 13:00

Women as Advocates

Speakers:

  • Nancy Rubin QC, Stewart McKelvey
  • Elizabeth A. Buckle, MacKinnon Buckle Stevenson
  • Kelly Rowlett, Nova Scotia Legal Aid

$11.00 incl. HST (in person)
$10.00 incl. HST (conference call)
Register

Event Date: Friday, June 6, 2014 - 12:00 to 13:00

Collision of Rights: Freedom of Association and Aboriginal and Treaty Rights

Recent proceedings involving Applications for Certification of bargaining units within First Nation fisheries have raised a number of questions.  At the core is a potential conflict of interests and rights, such as employees’ right to unionize contrasted with the First Nations’ treaty right to fish for a “moderate livelihood” and the First Nations’ ability to eventually implement and self-govern this treaty right.

Speaker:
Bryna Fraser Hatt
, MacIntosh, MacDonnell and MacDonald

Bryna Fraser Hatt is a lawyer with MacIntosh, MacDonnell and MacDonald (Mac Mac & Mac) in New Glasgow, Nova Scotia; practicing primarily in the areas of Labour and Employment, Aboriginal Law and Litigation. She currently serves as Vice-Chair of the Aboriginal Law Section of the Canadian Bar Associaton Nova Scotia Branch. Bryna obtained her LLB from Dalhousie Law School in 2007 and is currently pursuing an LLM from Osgoode Hall Law School. Prior to practicing law, Bryna worked in the Canadian Coast Guard as a rescue boat Coxswain and Search and Rescue Specialist.

Event Date: Wednesday, June 4, 2014 - 12:00 to 13:00

Where Do We Go From Here?
Continuing to the New Canada Not-For-Profit Corporations Act

With the deadline approaching to continue all Part II Corporations from the Canada Corporations Act to the new Canada Not-For-Profit Corporations Act, make sure you are aware of important steps, timelines and changes in the law for Federal Not-For-Profits. 

Speaker:
Alayna Kolodziechuk, Patterson Law

Event Date: Wednesday, May 28, 2014 - 10:00 to 13:00

This program explores practical issues related to the use of expert evidence in litigation. Veteran trial lawyers and judges offer tips on how to find, choose, use, work with, prepare, examine, challenge and cross-examine expert witnesses. You will learn how to instruct experts to prepare reports, how to use expert reports at trial, how to conduct an effective examination of an expert, and targeted techniques for getting even the most challenging expert to support your case. Gain a competitive edge by enrolling in this skills-building program designed for lawyers at all experience levels. 

Topics include:  Ÿ 

  • Pre-trial expert issues
  • Qualifying and leading your expert
  • Cross-examination on qualifications
  • Recent trends
  • How to effectively cross-examine the expert

Registrants can count their attendance at this program towards their annually CPD requirements.

Event Date: Tuesday, June 17, 2014 - 12:00 to 13:00

Physician Narratives and Experts Witnesses:
The Impact of Russell v. Goswell (2014)

Speakers:

  • Clarence Beckett QC, Patterson Law
  • Jeremy Smith, Patterson Law

On-Site Attendance - $11.00 (incl. HST)
Conference call - $10.00 (incl. HST)

Register

Event Date: Tuesday, June 10, 2014 - 13:00 to 14:00

Special Considerations when Dealing with the Elderly
Joint Section Meeting
Elder Law & General Practice, Solo and Small Firm

Speaker:
M. Ann Levangie
Patterson Law
Vice-Chair of the CBANS Elder Law Section

Cost:
$11.00 incl. HST (in person)
$10.00 incl. HST (conference call)

Event Date: Thursday, May 29, 2014 - 12:00 to 13:00

To register for any webinar, online registration is available through ‘Events’ in the NSBS Members Login page.

To attend in person in the NSBS classroom (Suite 800-2000 Barrington Street, Halifax), RSVP with Tammy Yule tyule@lians.ca 902 423 1300 x326

Lawyers and their staff are welcome.

Note: for webinar attendees who gather as a group using one computer, only one participant will need to register to obtain a webinar login link.

Event Date: Friday, May 30, 2014 (All day)

The annual Nova Scotia Legal Aid CFSA Day will take place on Friday, May 30, 2014 from 9:00 a.m. to 3:00 p.m. at the Glooscap Heritage Centre, 65 Treaty Trail, Truro Power Centre, Millbrook, Nova Scotia. Special Guest Speaker will be John-Paul Boyd, Executive Director of the Canadian Research Institute for Law and the Family, affiliated with the University of Calgary. Mr. Boyd is a former family law practitioner in British Columbia and the author of several books, numerous articles and his own blog. The theme for the day will be Identifying and Working with High-Conflict People, in the context of child protection litigation and case/client management.

There is no cost to register and credit can be claimed for the required CPD hours with the NSBS. Lunch will be provided.

Registration is open to staff lawyers of Nova Scotia Legal Aid, and to private lawyers representing parents in child protection cases, or who have an interest in accepting child protection certificates. 

Registration deadline is 4:00 p.m. on Monday, April 28, 2014. To register, please contact Bev Bishop at Bev.Bishop@nslegalaid.ca and provide your email address to her.

Event Date: Friday, May 30, 2014 (All day)

Self-represented litigants, unrepresented litigants, and individuals whose legal problems grow or remain unresolved because they cannot access the legal system - these are among the critical issues identified in recent reports highlighting the current crisis in Access to Justice.

For the administrative justice sector, which is often said to be the face of justice for most Canadians, these issues confront and confound on a daily basis. Courts too, deal with an increasing number of unrepresented parties, especially in family and civil cases. What are the manifestations of these issues and what are their causes? More importantly, what are possible meaningful responses to the challenges posed by the changing way the public interacts with the legal system, for both courts and administrative tribunals?

In this interactive and provocative session, judges, members of administrative tribunals, academics and members of the Bar explore the dimensions of these issues.

Event Date: Saturday, May 31, 2014 (All day)

Seminar Details:
Date: Saturday, May 31, 2014
Time: 9:00 a.m. – 4:00 p.m. PST
Location: Pan Pacific Vancouver Hotel (300 – 999 Canada Place, Vancouver, BC)
Seminar Formats: In-Class and Live-Online

Overview:

Complex Corporate Immigration Issues will cover a variety of topics as discussed by presenter Kyle Hyndman. Topics include:

  • LMO work permits: regulatory background, recruitment requirements, forms, time frames, extensions.
  • LMO exempt work permits: intra-company transferees, international agreements, reciprocity, significant benefit, where and how to apply.
  • Employer compliance: Complying with federal and provincial laws, record-keeping, meeting LMO commitments, proactive and government audits, penalties.
  • Transitioning workers to permanent residence: Canadian Experience Class, Provincial Nominee Programs, Federal Skilled Workers.
  • Ethical issues representing employers: Identifying your client, confidentiality and loyalty, misrepresentation, when to refer work out.

CPD Accreditation:
ICCRC: 5.5 hours
Law Society of British Columbia: 5.5 hours
Law Society of New Brunswick: 5 hours

For more information, please contact our Program Adviser, Myron Wiwchar.

Event Date: Saturday, May 31, 2014 - 10:00 to 13:00

Effective trial preparation can make the difference in the ultimate outcome of your case. Learn the techniques used by successful criminal trial lawyers to prep for bail hearings, make disclosure work, navigate your way through preliminary hearings, and efficiently bring and respond to pre-trial motions. The session will feature discussion from experienced counsel focusing on sophisticated pre-trial issues and techniques. 

Registrants can count their attendance at this program towards their annually CPD requirements.

Event Date: Thursday, June 5, 2014 (All day) to Friday, June 6, 2014 (All day)

MANAGING HIGH CONFLICT DISPUTES

A 2 Day event Sponsored by the ADR Atlantic Institute

ABOUT THIS WORKSHOP

High conflict disputes are increasing in every setting: in legal disputes, in divorce, at the workplace, between neighbours, among family members, against employers and government agencies. They often involve one or more people with high-conflict behaviour, characterized by: 

  • All-or-nothing thinking
  • Unmanaged emotions
  • Extreme behavior
  • Preoccupation with blaming others
  • Prolonged, unresolved conflict
  • Drawing in many other people
  • Draining energy, time and resources

Yet these disputes can generally be managed by understanding high conflict behaviour and using skills to manage the dispute that are often different from ordinary conflict resolution methods.This two day workshop will help professionals gain insight and confidence which will assist them in managing high conflict behaviour in any dispute setting such as negotiation, mediation or court. This workshop will be highly educational, interactive and entertaining! 

WHO SHOULD ATTEND

This training is designed for professionals who deal with clients in dispute resolution settings, such as lawyers, mediators, collaborative practitioners, accountants, human resources professionals, union representatives, and other professionals who are involved in dispute resolution. 

AGENDA (8:30 – 4:00 each day) 

Day 1 

  • Right and Left Brain conflict styles
  • Personality patterns of HCPs
  • Reducing client resistance to problem-solving
  • Managing your own anxiety
  • Managing the HCP’s responsibility
  • A Structure for High Conflict Disputes
  • Connecting with high conflict people using Empathy, Attention and Respect (E.A.R.)
  • How to respond to hostility and misinformation

Day 2 

  • Setting Limits with High Conflict People
  • Assertion skills
  • Making and Responding to Proposals
  • Educating about Consequences
  • Helping the HCP analyze their Choices
  • Negotiation/Mediation Practice Exercises

Registration

Registration is $499 for non-members and $399 for members of ADR Atlantic Institute. Registration fee includes noon meal each day and snacks at two breaks. Register and pay online by going to www.adratlantic.ca or send a message to admin@adratlantic.ca

ABOUT THIS PRESENTER

Michael Lomax is a mediator, lawyer and conflict resolution trainer who has assisted many individuals and organizations in resolving conflict. Michael has conducted hundreds of mediations including family, workplace, multi-party and court related matters. Michael’s mediation work makes up approximately 80% of his law practice. He has previous experience as the director of a federal government mediation centre, where he was responsible for promoting the department’s workplace conflict resolution program and supervising a team of mediators. Michael is an experienced trainer having organized and delivered many workshops and courses for governments, corporations, military and law enforcement agencies, human resources and union organizations and dispute resolution practitioners. Michael is a member of MediateBC’s Board of Directors, is a mentor with the MediateBC’s Regional Mentoring Program and is an affiliate speaker with the High Conflict Institute in San Diego, CA. Michael is in private practice in Victoria, BC.  

Tel: 1-855-385-5523 
Email: mjlomax@mediator.bc.ca

Event Date: Saturday, June 14, 2014 - 08:30

All members of the Society are invited to attend the 2014 NSBS Annual Meeting and Professional Development Program, which will take place on Saturday, June 14. The Annual General Meeting begins at 8:30 am, followed by keynote speaker Jordan Furlong of Law21, who will address opportunities for innovation in practice.

Jordan Furlong is a strategic consultant and analyst who forecasts the impact of the changing legal market on lawyers, law firms and legal organizations. Visit his website at www.law21.ca.

Mr. Furlong’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 2014 Annual Meeting and Professional Development Program, RSVP to AnnualMeeting2014@nsbs.org, indicating the educational sessions you plan to attend. You can EITHER elect to attend the two-hour workshop facilitated by Darrel Pink and Jacqueline Mullenger from the Society, OR elect to attend two 50-minute sessions: the first from 10:40 to 11:30 am, the second from 11:40 am to 12:30 pm.

On your Registration Form, please indicate whether you would like to attend:

The two-hour workshop, Opportunities for innovation in your practice: An action plan, facilitated by Darrel Pink, Executive Director, and Jacqueline Mullenger, Director, Education & Credentials, NSBS, from 10:40 am - 12:30 pm

OR

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

  • Reaching new frontiers in the legal services marketplace with your ethical responsibilities intact
    Presenters: Victoria Rees, Director of Professional Responsibility, and Elaine Cumming, Professional Responsibility Counsel, NSBS
  • An overview of the new Family Homes on Reserves and Matrimonial Interests or Rights Act
    Presenter: Krista Brookes
  • Client-centered lawyering: What it means – to them
    Panel moderator: Jill Perry, Nova Scotia Legal Aid 
  • Cost-effective approaches to finding the law
    Presenters: Deborah Copeman, Librarian, NSBS & Jennifer Taylor, Stewart McKelvey

AND

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

  • Reaching new frontiers in the legal services marketplace with your ethical responsibilities intact
    Presenters: Victoria Rees, Director of Professional Responsibility, and Elaine Cumming, Professional Responsibility Counsel, NSBS
  • Trans-formations in the law
    Presenter: Kathryn Dumke, Dumke McLeod
  • Taking your practice online – Virtually speaking
    Presenter: Stacey Gerrard, LIANS Counsel
  • Cost-effective approaches to finding the law
    Presenter: Deborah Copeman, Librarian, NSBS & Jennifer Taylor, Stewart McKelvey

Please note, there is no registration fee for this event but RSVPs with registration forms are required. 

If you have any questions about the 2014 Annual Meeting or the registration process, please contact the Society at 902 422 1491 or AnnualMeeting2014@nsbs.org.

Event Date: Tuesday, June 17, 2014 - 19:00

Find out how tech multi-millionaire Zita Cobb's investments in Fogo Island are really making a difference as she speaks at the Community Foundation of Nova Scotia's 3rd annual Inspired Conversatons Series on Philanthropy, Entrepreneurship and the Courage to Lead. Cobb is the founder of Shorefast, a charitable foundation and social enterprise focused on reviving rural economies through art, design and innovation.

Please join us on June 17th at the Lord Nelson Hotel to learn how this model might work in Nova Scotia.

For tickets please visit our website at www.cfns.ca  

Event Date: Saturday, July 5, 2014 (All day)

Seminar Details:
Date: Saturday, July 5, 2014
Time: 9:00 a.m. - 4:00 p.m. PST
Location: Pan Pacific Vancouver Hotel (300 – 999 Canada Place, Vancouver, BC)
Seminar Formats In-Class or Live-Online

http://www.ashtoncollege.com/programs/complex-corporate-immigration-issues/

Overview:

Permanent Resident Cards and Canadian Citizenship will cover a variety of topics as discussed by presenter Cathryn Sawicki. Topics include:

  • Who is a Permanent Resident of Canada?
  • What does “date of examination” mean and why is this important?
  • Inadmissibility
  • Old rules vs. New rules – why the changes? Is citizenship the answer for my client?
  • What if the application is refused? (Appeals process)
  • Revocation – can the Government take my client’s citizenship away? What is the process?

CPD Accreditation:

ICCRC - 5 hours
Law Society of British Columbia - 5 hours
Law Society of New Brunswick - 5 hours

Pricing:

Regular Rate = $240
CPD Elite Loyalty Rate = $216

Membership to Ashton’s CPD Elite Loyalty program is free and easy. All you have to do is sign up and start enjoying the rewards.

Sign Up Now

Presenter: 
Cathryn Sawicki – In 2003, Cathryn began her legal studies at Osgoode Hall Law School and was called to the Bar in June 2007. In 2005, Cathryn was hired to work at one of Canada’s top five immigration boutiques (Green & Spiegel LLP – est. approx. 1962). She summered and articled at the immigration boutique and was hired on as a full-time Associate in 2007 where she remained until the summer of 2012. Only one year after her call to the Bar, Cathryn’s case, Koo v. Canada (Minister of Citizenship and Immigration), 2008 FC 931, became a precedent setting case and can still be found in the 2014 annotated version of the Immigration and Refugee Protection Act (by Goslett & Caruso).

Within her first five years of practice, Cathryn obtained Leave of the Federal Court on every case (13 in total) for two years straight, she appeared before the Federal Court of Appeal on two occasions, and sought Leave of the Supreme Court. After 5 years of practice, Cathryn was recruited by a full-service law firm, Fogler, Rubinoff LLP, to join their team and to start their Immigration Law Division. Cathryn decided to take this opportunity and in July 2012, she joined Fogler, Rubinoff LLP as a Partner, where she continues to practice to present day. Fogler, Rubinoff LLP has ~130 lawyers and Cathryn is one of the 15 female Partners at the firm. Cathryn has lectured before the Law Society of Upper Canada (Co-Chair of the annual ethics panel and at the 19th Annual Immigration Law Summit), Federated Press, Professional Development Seminars, Osgoode Hall and more. She has appeared on CBC Radio and television, Rogers TV/Toronto Speaks, CFRB 1010, New Tang Dynasty TV and CKNW radio as a guest speaker. She has also been interviewed for various newspapers and online articles.

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