October 14, 2014 InForum Issue

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Society news

The Nova Scotia Barristers’ Society is very pleased to welcome Normand Gendron as the new Director of Finance and Administration. Mr. Gendron began his duties on Tuesday, October 14, coming to the Society from his prior position at the Clean Nova Scotia Foundation, where he was Director of Finance & Regulatory Affairs. Read More

The following media reports were published since the last edition of InForum: PROFILE ON TILLY PILLAY QC: Society president brings new ideas, international background to role The Lawyers Weekly | Oct. 10, 2014 issue (online Oct. 6, 2014) By donalee Moulton Read More

A Table of Concordance between the Code of Professional Conduct (Code) and the former Legal Ethics Handbook (Handbook) is now available on the Society’s website. Read More

This feature is available in every edition of InForum, for timely updates on changes of category. The following former member received a judicial appointment on October 10, 2014: Read More
Access to Justice

If so, the Legal Information Society of Nova Scotia (LISNS) is inviting you to sign up to be on a roster of lawyers to be administered by the Prothonotaries of the Regional Justice Centres (excluding HRM). Read More

Your legal services clients may be interested in handling some aspects of a matter themselves as a cost-saving measure. Or you may wish to refer a member of the public to an agency or legal information service provider best placed to assist. Read More

On October 14, Minister of Justice Peter MacKay announced $339,000 to support an expansion of the services currently being offered by the Sea Star Child and Youth Advocacy Centre (CYAC) operating out of the IWK Health Centre in Halifax. The Minister made the announcement while delivering the opening remarks at the 2014 SeaStar Child and Youth Advocacy Centre Conference. Read More
Tips from LIANS

The 6th annual LIANS Risk and Practice Management conference will be held November 28, 2014 from 9:00 am to 4:00 pm at the Casino Nova Scotia, Halifax.     Read More

For those of you who are still using Windows 7 and are a bit confused as to the next lifecycle step being implemented by Microsoft: breathe easy, it’s not quite over yet. Here’s what’s happening as of October 31, 2014: Read More

Confirmed email scam attempts purportedly from "Cheng Chan" have been circulating – one of the reported examples is below: From: Miwa Gorou [mailto:mikeazuma59 @ gmail. com]Sent: Thursday, September 11, 2014 11:16 AMSubject: Violation of Separation Agreement Read More

Are you feeling stressed at home or work? Take a deep breath and try to relax! Read More

The Honourable Joseph P. Kennedy, Chief Justice of the Nova Scotia Supreme Court, is pleased to welcome the Honourable Justice Cindy G. Cormier to the Supreme Court Family Division. Read More

In cases below where no link is present, the decision was not yet available on CanLII at the time of InForum publication. Read More

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. October 10, 2014 Read More

The Advisory Committee on Provincial Judicial Appointments (the “Committee”) evaluates candidates for appointment to the Provincial and Family Courts using the criteria set out in the Guidelines to Ensure Appointments Based on Merit (the “Guidelines”). Read More

Do you want to make a difference in Nova Scotia?  The Province of Nova Scotia is seeking energetic and enthusiastic Nova Scotians to serve on its various Adjudicative and Non Adjudicative Agencies, Boards and Commissions (ABCs). Read More

A retirement party in honour of M. Estelle Theriault QC, Public Trustee of Nova Scotia is being held on Thursday, October 30, 2014 from 5:00 – 7:00 pm at The Bitter End, 1572 Argyle Street, Halifax. All are welcome to attend. Hosted by friends and co-workers. Please RSVP:  Read More

The following proclamations were published in the Royal Gazette, Part II since the last issue of InForum: An Act to Amend Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, S.N.S. 2013, c. 41, s.12 NS Gaz Pt 2, 10/03/2014 NS Reg 142/2014 Read More

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:    Read More
Other news

Dear Members of the Nova Scotia Barristers’ Society: We have embarked on the process of selecting a Dean of the Schulich School of Law. The search will be comprehensive in scope with an integral portion being a process of consultation. Read More

Matthew Kennedy has been appointed as a Crown attorney in the Bridgewater office. "Mr. Kennedy's educational background and his enthusiasm for the work of criminal prosecutions will make him a valuable addition to our team," said Martin Herschorn, Director of Public Prosecutions, in announcing the appointment on October 6. Read More

(October 8, 2014) -- BOYNECLARKE LLP is partnering with Dartmouth’s Prince Andrew High School to take part in its community Co-operative Education program from October to December 2014. Read More

Mac Mac & Mac, a full service law firm centrally located in New Glasgow, is seeking an applicant for a full time permanent position in our Corporate & Commercial Department. Candidates should ideally possess a Legal Assistant Diploma/Certificate and have 3 or more years’ experience working in a legal environment (corporate experience preferred but not required). Read More

Nova Scotia Power’s greatest source of energy is our people. In a culture focused on safety, we’re committed to providing exceptional service to our customers and rewarding jobs to our employees. We’re hiring solution-minded people excited to help us grow into the future. We are currently looking to fill the position of Regulatory Counsel. Read More

Vous avez un sens aigu de la justice? Vous aimez aider les gens? Venez contribuer concrètement à une justice plus accessible!  Accès Justice est un nouveau centre dont la mission est de promouvoir l’accès à la justice en favorisant la participation des citoyens, par des services d’information, de soutien et d’orientation, offerts en complémentarité avec les ressources existantes.  Read More

WHAT IS THE OPPORTUNITY? Armco Capital, a privately-owned group of companies and one of Atlantic Canada's leading real estate development and property management companies, is now recruiting a litigation lawyer with municipal, planning and regulatory experience to join our legal team.   Read More

Patterson Law is an established Nova Scotia law firm with offices in Halifax and Truro and with clients whose interests range from global to purely local. Our 100 lawyers and staff are dedicated to meeting our clients’ diverse legal needs. Read More

I am a recent graduate of the Schulich School of Law at Dalhousie, and am seeking articles within the maritimes. Having grown up in Nova Scotia, I appreciate the advantages the province has given me and am ready to give back.  Read More

Taylor MacLellan Cochrane proudly traces its roots in the Annapolis Valley back to 1835 when the founding Partners opened the very first law office in the Kings County Shire Town of Kentville. Read More

Hiring Office:    GOODMAN MACDONALD Position:            Administrative Assistant Term:                  Casual Job Location:    New Glasgow, Nova Scotia Education: Grade 12 plus a certificate/diploma from an Office Administrative, Paralegal, or Legal Assistant Program. Read More

Advisory Committee on Provincial Judicial Appointments: One position available for members of the Nova Scotia Barristers’ Society Read More

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? Does state-of-the-art Document Management technology interest you? Read More
Volunteer and Pro Bono

The Elizabeth Fry Society of Mainland Nova Scotia (E Fry) was created in November of 1982, and is an affiliate of the Canadian Association of Elizabeth Fry Societies. E Fry provides services to women who are in, or are at risk of, conflict with the law. E Fry works to ensure fair treatment in the criminal justice system, and supports and empowers women in their communities and in prisons. Read More

HRM Cadet Parents group raises funds with all going to children's activities. They are seeking a lawyer to volunteer their time to set up a charity and CRA documents to be able to provide tax receipts for donations. Please call (902) 292-0725.        Read More
Upcoming Events
Event Date: Wednesday, October 22, 2014 - 17:30
Family Law Reform Project – Phase II Speaker: Valerie MacKenzie, Project Lead, Family Law Reform Project, Nova Scotia Department of Justice  Read More
Event Date: Thursday, October 23, 2014 - 02:30
This seminar, presented by Margaret O’Sullivan, LL.B., TEP, will provide a detailed overview of general considerations relating to estate and succession planning when there are assets located in multiple jurisdictions, including the impact of forced heirship.  Read More
Event Date: Thursday, October 23, 2014 - 12:00
Get Your Toolbox Out! Time to Hammer in Your Own Shingle Speakers:  Read More
Event Date: Thursday, October 23, 2014 - 13:30
Michal Fairburn will review the currently uneasy status of police investigation powers in cases involving technology. Ms. Fairburn is one of Canada’s leading criminal lawyers. She has argued 25 appeals at the Supreme Court of Canada over the course of a career with both the Ontario Ministry of the Attorney General and in private practice. Read More
Event Date: Tuesday, October 28, 2014 - 17:00
  Tuesday, October 28, 2014 | 5:00 - 8:00 pm Nova Scotia Barristers’ Society Classroom, Cogswell Tower, 8th Floor   The Nova Scotia Barristers’ Society and Avalon Sexual Assault Centre invite you to a three-hour workshop for lawyers working with sexual assault victims/survivors.    Read More
Event Date: Thursday, October 30, 2014 - 12:00
Are you are lawyer? Are you interested in doing some pro bono work? Access Legal Help NS may be able to help Read More
Event Date: Thursday, October 30, 2014 - 19:00
Mennonite Central Committee Maritimes, in partnership with a number of churches, non-profits, and universities, including Acadia Divinity College and Manning Memorial Chapel, is bringing a play based on the values of restorative justice, Forgiven/Forgotten, to venues across the Maritimes this fall. Read More
Event Date: Saturday, November 1, 2014 - 13:00
Overview: Criminal Inadmissibility to Canada Under the Immigration and Refugee Protection Act will cover a variety of topics as discussed by presenter Peter Edelmann. Topics include: Read More
Event Date: Friday, October 31, 2014 - 12:00
Feminism's (Un)Timely Business: Improving Abortion Access in the Maritimes Jula HughesFaculty of Law, University of New Brunswick Read More
Event Date: Monday, November 3, 2014 - 13:00
“Scary” issues are bound to arise from time to time in your practice. Equip yourself to handle them effectively with this timely program which brings together leading real estate experts from private practice and LawPRO to share practical strategies for effectively avoiding, managing and rectifying a host of scary issues that can arise relating to:  Read More
Event Date: Wednesday, November 5, 2014 - 08:30
The province has taken steps to move forward with one of the most promising mineral development opportunities in Ontario by establishing the Ring of Fire Infrastructure Development Coroporation (ROFIDC). Read More
Event Date: Thursday, November 6, 2014 - 12:30
Attend this program to gain insights from our expert faculty on a range of common legal issues that specifically engage the unique rights and circumstances of young people in the immigration and refugee law context. Understand what the issues are, how they touch on a range of practice areas, and develop strategies for effectively representing the interests of the child/ youth. Read More
Event Date: Monday, November 17, 2014 - 17:30
The impact of today’s diverse workforce is beginning to be felt in ways which were previously unimagined. Many organizations, including, law firms, are requiring minimum levels of diversity from contractors and suppliers. Implementation of these policies poses new challenges to those very institutions trying to increase diversity. Specifically: Read More
Event Date: Thursday, November 20, 2014 - 02:30
This seminar, led by Catherine Watson, TEP, Partner, McInnes Cooper, will examine legal and tax considerations relating to ownership of vacation properties in the US and Europe, with a focus on US estate taxes and civil law issues.  Read More
Event Date: Wednesday, November 26, 2014 - 12:30
When insolvency and construction law, two highly specialized and complex areas of practice converge, the resulting issues can become confusing.  Our panel of experts with extensive experience  in both insolvency law and construction cases will explain the latest trends and developments in this challenging area, including a discussion on the impact of the recent decision in Royal Bank of Can Read More
Event Date: Wednesday, May 6, 2015 - 13:00
Unlock your full potential and learn the keys to success. Judges answer the questions new counsel are afraid to ask, with candid discussion about what to expect during your early court appearances, and what the bench expects from you.  Read More
Event Date: Wednesday, October 15, 2014 (All day)
Technology has changed the nature and amount of information available, with direct effects on personal privacy. There is a pressing need to examine the ways in which these changes are already affecting the criminal law, civil law, the courts, and administrative tribunals, and to begin to chart a principled path forward with respect to these issues. Read More
Event Date: Wednesday, October 15, 2014 - 12:00
The Upcoming Judicial Review of the Bar Society’s Trinity Western University Decision A Discussion of intervening in a Judicial Review and a foreshadowing of issues at the upcoming Judicial Review. Speaker: Kym Franklin, Counsel, HRC  Read More
Event Date: Thursday, October 16, 2014 - 12:00
Comparative Analysis of Human Rights Decisions between Nova Scotia and Alberta Speaker: Arman Chak, Counsel to the Alberta Human Rights Commission  Read More
Event Date: Friday, October 17, 2014 (All day)
3rd Innis Christie Symposium in Labour and Employment LawRights and Health at Work: A Focus for Restorative Labour Market Regulation Friday, October 17, 2014 Room 105, Weldon Law Building Read More
Event Date: Friday, October 17, 2014 - 12:00
Community Treatment Orders for Psychiatric Patients: Can We Tell If They Work Cameron MustardDalla Lana School of Public Health and President, Institute of Work and Health, Toronto Read More
Event Date: Thursday, October 16, 2014 - 18:00
Christene Hirshfeld, partner at Boyne Clarke LLP will discuss the basics about starting and managing a business in the film/television industry. Read More
Event Date: Monday, October 20, 2014 (All day)
The 18th Annual IT.CAN Conference will be held in Montreal, QC on October 20-21, 2014. It is the pre-eminent IT law conference in Canada with an array of IT, IP and related topics. For full conference brochure including registration details, please visit our website at  Read More
Event Date: Monday, October 20, 2014 (All day)
Free training on WestlawNext Canada is available on October 20, 21 & 22 at the Kings County Barristers’ Library in Kentville. Read More
Event Date: Monday, October 20, 2014 - 17:30
Police Investigative Powers: Judicial Scrutiny of Reasonable Suspicion and of Mr. Big ** to be followed by the Third Annual Criminal Law Mixer, snacks and refreshments provided Join us on Monday, October 20 for a panel discussion regarding recent developments in the law relating to police investigative powers.  Read More
Event Date: Monday, October 20, 2014 - 13:30
Tax lawyers face unique professional responsibilities and ethical issues in their practice, particularly in a self-assessment tax system. Attend this program for a discussion of the numerous ethical and professionalism considerations that often arise in your tax practice and receive practical insights and tips from senior practitioners on how to practically manage them. Read More
Event Date: Monday, October 20, 2014 - 17:30
This dynamic program features a respected judicial authority on judicial interim release, as well as a senior Crown Attorney and a senior defence counsel discussing the latest trends in judicial interim release. Bring your questions and join your colleagues for this highly informative program on the latest developments from the perspective of the Bench, the defence and the Crown. Read More
Event Date: Monday, October 20, 2014 - 09:00
Are you relatively new to the world of real estate law? If so, this is a program designed just for you. Read More
Event Date: Monday, October 20, 2014 - 14:00
Intellectual Property rights deliver substantial benefits to holders, and due to their nature, also possess substantial challenges related to misappropriation. This program has been designed to deliver an overview of the Canadian law of Intellectual Property exploitation and enforcement. Read More
Event Date: Tuesday, October 21, 2014 (All day)
Panel 1 – Collective Bargaining in Survival Mode: The impact of government restrictions on the right to strike  9:00 AM - 10:15 AM Read More
Event Date: Wednesday, October 22, 2014 (All day)
Wednesday, October 22, 2014 Registration and Hot Breakfast Buffet 7:45 AM - 8:45 AM Introductory remarks by Co-Chairs 8:45 AM - 9:00 AM Panel 1: Breaking New Ground: Will random drug and alcohol testing survive the Supreme Court's decision in Irving? 9:00 AM - 10:15 AM Read More
Event Date: Wednesday, October 15, 2014 - 13:00
Establish your foundation in labour law with this essential program. Whether you are employer or union counsel, gain the critical knowledge to navigate your next labour file with confidence. Learn from our esteemed faculty of experienced labour lawyers, as they share tried and tested strategies for excellence. Read More
Event Date: Monday, October 20, 2014 - 19:00
CRIMINAL LAW MIXER Monday, October 20, 2014, 7:00 – 8:30 Faculty Lounge, Weldon Law Building Please join us at the Schulich School of Law for our fourth annual "meet and greet" with local criminal law practitioners, Schulich faculty, and interested students.   Read More
Event Date: Tuesday, October 21, 2014 - 09:00
Join us for a critical discussion of some of the most current ethics and professionalism issues impacting business lawyers today. Take advantage of this unique opportunity to discuss emerging developments and trends, and their practical application, with leading business law practitioners and academics. Read More
Event Date: Tuesday, October 21, 2014 - 12:00
Estate Planning for Disabled Beneficiaries Speaker: Sharon Avery, RBC Dominion Securities  Read More
Event Date: Tuesday, October 21, 2014 - 12:00
Non-Disclosure and Confidentiality Agreements Speaker: Christine Pound, Stewart McKelvey  Read More
Event Date: Tuesday, October 21, 2014 - 14:00
Real estate law, which entails the undertaking of a high volume of high dollar figure transactions, is increasingly fraught with challenges posed by unscrupulous individuals, as well as ethical concerns that are mundane in comparison but no less deserving of caution. Read More
Event Date: Wednesday, October 22, 2014 - 08:15
Armed with a little creativity, a little boldness, and a whole lot of energy, it is a great time to be in the business of law.  The attentive law firm leaders know that the sands are shifting and that the strategies that have made them successful before won’t necessarily continue to work. Read More
Event Date: Wednesday, October 22, 2014 - 09:00
A significant number of motor vehicle accident cases were heard by the Ontario courts this past year resulting in important developments in motor vehicle tort litigation. Don't miss this valuable opportunity to fully explore the impact of these recent decisions and to ensure you are up to speed on the latest trends and best practices. Read More
Event Date: Wednesday, October 22, 2014 - 12:00
PHIA And Health Information Speaker: Catherine Tully, FOIPOP Review  Read More
Event Date: Wednesday, October 22, 2014 - 14:00
The Labour Code and the Canadian Industrial Relations Board are key facets of Canada’s industrial relations regime, and for practitioners seasoned and new, the ongoing navigation of that regime requires a keen awareness of both legislative and jurisprudential changes. Read More
Event Date: Wednesday, October 22, 2014 - 17:30
From text messaging to Facebook, and WhatsApp to Twitter, children and youth today communicate predominantly through mobile devices and social media. What is the impact for communication with your young clients? How can you utilize digital methods of communication to fully engage with them? What are the implications for solicitor-client privilege? Read More
Event Date: Thursday, October 23, 2014 (All day)
The tools of the trade are ever evolving. Has your practice kept pace? Read More
Event Date: Thursday, October 23, 2014 - 12:00
The Test for Aboriginal Title after Tsilhqot’in    Speaker: Alex Cameron, NS Department of Justice   Read More
Event Date: Thursday, October 23, 2014 - 14:00
Concerned as they are with the efficiency and resilience of the Canadian economy, as well as with ensuring a fair and competitive environment for businesses of all sizes, the importance of Canada’s competition laws cannot be overstated. Read More
Event Date: Thursday, October 23, 2014 - 17:45
Criminal law practitioners have all been there - that moment your heart sinks because you believe you have stepped into an ethical minefield. What do you do? Who do you call for help? Read More
Event Date: Friday, October 24, 2014 (All day)
The first Northern Nova Scotia CLE Day will be held at Pictou Lodge, Braeshore, Pictou County to run from 9:00 am to 5:00 pm. Speakers will include a Court of Appeal Justice, a trial court Justice, Provincial and Family Court Judges and distinguished members of the private bar. Both categories will be covered for around 8.5 hours of CLE. Read More
Event Date: Friday, October 24, 2014 - 08:30
We notionally conceive of our system as one of compensation, indemnity and recovery and seldom confront the reality that money is at the heart of personal injury litigation. How is a Plaintiff's loss quantified? How can Defendants compensate Plaintiffs? Who are the experts? How can a client’s costs be recovered in the event of a trial? Read More
Event Date: Monday, October 27, 2014 - 12:00
Cloud Security and Cross Border Issues Speaker: David Fraser, McInnes Cooper  Read More
Event Date: Monday, October 27, 2014 - 12:00
“What’s in the Pipe? Defending Flood & Other Claims” Municipal Law Section Meeting Speaker: Mr. David Graves, QC  Read More
Event Date: Monday, October 27, 2014 - 14:00
The laws applicable to Canadian public procurement and infrastructure development are vast and interesting, and are perhaps only rivaled by the factual scenarios typical of procurement proceedings, which often possess high stakes and a fair degree of complexity. Read More
Event Date: Tuesday, October 28, 2014 - 08:30
A Young Lawyers Series "Letters to a Young Lawyer"  Speaker: David Fraser, McInnes Cooper Read More
Event Date: Tuesday, October 28, 2014 - 11:30
What do you do when your client’s ability to instruct you is in doubt by virtue of age or disability? What are the warning signs that capacity may be at issue and how can you appropriately represent him/her despite this hurdle? Hear from our panel of experts as they unravel the complexities including: Read More
Event Date: Tuesday, October 28, 2014 - 13:30
Join us for the second annual Life and Law Series, Women Lawyers: Sharing Success Strategies where women lawyers share their powerful stories of courage, frustration and triumphs, and chronicle their individual choices often made against considerable odds to create full and engaging professional lives.   Read More
Event Date: Tuesday, October 28, 2014 - 14:00
App development is located where rapid change meets intellectual property, new forms of exchange and perhaps a touch of the wild west. With apps changing the way people interact with the world around them, current laws continue to play catch-up, and in many instances remain in stasis, even as clients require clear, unimpeachable and bankable opinions and contracts. Read More
Event Date: Wednesday, October 29, 2014 - 08:30
Hear from experienced counsel some practical tips in commencing regulatory challenges to the Environmental Review Tribunal, including appeals from orders (e.g. MOE clean up orders), dealing with Renewable Energy Approvals, and commencing third party challenges using the Environmental Bill of Rights. Read More
Event Date: Wednesday, October 29, 2014 - 12:00
The Future of Tax Practice - Do we need a Tax Designation in Canada Speaker: Kate Harris, Tax Partner, Patterson Law Read More
Event Date: Wednesday, October 29, 2014 - 14:00
The roles, responsibilities and benefits of various corporate actors sit in a complex and ever-changing web of legal relationships, challenging both the knowledge and creativity of legal practitioners. For actors within public corporations, there are additional dimensions to consider, and the same holds true for actors within startups engaged in the raising of capital in ways old and new. Read More
Event Date: Friday, October 31, 2014 - 08:30
  The Women’s Legal Education and Action Fund (LEAF) Halifax proudly presents the Persons Day Breakfast in celebration of the 85th anniversary of the Persons Case on October 31, 2014 at 8:30 am.    Read More
Event Date: Thursday, November 6, 2014 (All day)
  UnCommon Law: Where members of the legal profession and members of the greater community speak, listen and learn from each other.   YOU’RE INVITED!  Read More
Event Date: Wednesday, November 12, 2014 (All day)
The Nova Scotia Barristers’ Society invites you to participate in this important conversation facilitated by Dr. Julie Macfarlane.   Working with the Self-Represented Litigant Challenge:  New tools and strategies for lawyers    Read More
Event Date: Friday, November 14, 2014 - 07:00
Ninth Annual Rock for Dimes Halifax – November 14, 2014 Tribute Bands! Friday, November 14, 2014 - 7:00 P.M Cunard Centre - 961 Marginal Road, Halifax  Read More
Event Date: Saturday, November 22, 2014 - 08:30
The Law Society of Prince Edward Island and the Nova Scotia Barristers' Society have specific requirements for lawyers practicing in those provinces. In addition to set hours of substantive legal education, lawyers require hours annually in specialty topics such as Risk and Practice Management and Professionalism. Read More
Event Date: Friday, November 28, 2014 (All day)
LIANS’ 6th annual 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. Read More
Event Date: Wednesday, May 6, 2015 - 09:00
Attend this unique program and receive insight and advice from judges that will discuss critical challenges at all levels of court. Gain practical tips, practice guidelines and advocacy strategies. Refresh your knowledge and receive important legal updates. Learn what judges' expectations are of counsel and what makes not just good counsel but great counsel in the eyes of the bench.  Read More
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