INFORUM

November 10, 2014 InForum Issue

Society news

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

OUTlaws want B.C. government to reverse TWU law degree approval 
Leaders of Canada’s LGBTQ law students wrote to B.C’s Minister of Advanced Education asking him to reverse decision to approve TWU law degrees.
Canadian Lawyer/Legal Briefs | November 07, 2014

Lawyers file challenge over B.C.'s approval of Trinity Western law school
ANDREA WOO, VANCOUVER
The Globe and Mail | Nov. 3, 2014

British Columbia Law Society rescinds approval of Christian law school
LIFESITE | Nov. 3, 2014

JCCF granted intervener status in TWU v. Law Society of Upper Canada
Justice Centre for Constitutional Freedoms

Criminal Law Matters: Halifax Law Articles, Professional Ethics
Member’s blog article | October 29, 2014
by Derek B. Brett

Last evening, I had an opportunity to attend a program co-sponsored by both the Nova Scotia Barristers’ Society and the Avalon Sexual Assault Centre. The program centered around a presentation and follow-up discussion regarding the best practices for addressing victims of sexual assault. As you might imagine, lawyers — including this one — have been confronted with clients and witnesses who presented as victims. The management of such individuals’ interests is not an easy one, requiring a certain level of strength, empathy, care, and — in each, individual situation, the capacity to gauge the best possible approach. Read more in the blog article

Allnovascotia.com (subscription only)

  • Lawyer Danny MacIsaac Fails Discipline Delay (Oct. 29) 
Council

The next regular meeting of Council is scheduled for this Friday, November 14, 2014. The agenda and meeting documents are available on the Council materials page of the Society's website: http://nsbs.org/council-materials.

Regulation

At its meeting this Friday, November 14, Council will be conducting a workshop on its regulatory reform initiative. Discussions will take place regarding policy decisions that will soon be required to move this work forward.

Several new resources are available on the Society’s Transform Regulation webpage:

And the two most recent reports from Creative Consequences P/L, the Australia-based consultants who have been working with the Society on this project:

The next application for disposal of undistributed trust funds will be made in December 2014. Submissions should be received at the Society's offices no later than November 28, 2014.

If you wish to make an application for the disposal of undistributed trust funds, please refer to the Application for Disposal of Undistributed Trust Funds (Procedure and Sample Documents), which is available on the Trust accounts and Forms pages of the Society’s website, or contact Elaine Cumming, Professional Responsibility Counsel, at (902) 422 1491 or ecumming@nsbs.org.

Credentials

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

The following members have changed to the Practising Lawyer category:

  • Judith Ann McPhee QC
  • Paul Francis Sampson

The following members have changed to Non-Practising status:

  • Nicole Andrea Figueira
  • Vanessa Sue Ellen Gallant
  • James Bernard Kehoe
  • Rebekah Louise Powell
  • Cory James Hatcher Roberts
  • Reginald Mark Lea Ryer
  • Julia Alexandra Anne Smart
  • Ahila Srikandarajah
  • Aaron Matthew Lucis Ward

The following members have changed to Retired status:

  • Joseph W. Pettigrew
  • John William Smithers
Access to Justice

The National Self-Represented Litigants Project (NSRLP) has given a shout-out to the Executive Director of the Nova Scotia Barristers’ Society.

In its October newsletter, the group announced Darrel Pink as its first “Access to Justice All-Star” from Nova Scotia. He joins a growing roster of seven others from across the country; see the NSRLP’s Access to Justice All-Stars webpage for details. 

Mr. Pink was nominated and chosen “because of his unique and important skills in collaboration and bringing together the right people to have the right conversations to be able to move forward access to justice projects and initiatives,” the NSRLP said in its Oct. 27 announcement.

“Through his leadership the Society is leading the way on a number of important and innovative access to justice projects that focus on the needs of equity-seeking and economically disadvantaged communities.”

The writeup mentions the Society’s Access to Justice Action Plan, its forum last June on innovative legal services delivery, and its workshop in October 2013 with the Action Committee on Access to Justice, a high-level national stakeholders group committed to improving access to legal services and the justice system.

The award announcement also mentions the Society’s workshop happening this week with Dr. Julie Macfarlane, NSRLP’s Project Director. She will be in Halifax on Wednesday, November 12 to lead the discussion at a session titled Working with the Self-Represented Litigant Challenge: New tools and strategies for lawyers. For more details, see the event notice.

The NSRLP is continuing to build on the National Self-Represented Litigants Research Study conducted by Dr. Macfarlane from 2011-2013. NSRLP is committed to collaboration to enhance the responsiveness of the Canadian justice system to SRLs, and to continuing dialogue among the stakeholders who include SRLs, lawyers, judges and court services staff.

Follow the organization’s efforts online at http://representingyourselfcanada.com/, in its blog and on Facebook at Representing yourself in a legal action; Dr. Macfarlane’s updates are also available on Twitter @ProfJulieMac.   

The Legal Information Society of Nova Scotia (LISNS) is pleased to announce that our Legal Information Line and Lawyer Referral Service is now open longer. The new hours are:

Monday to Friday, 9:30 am to 4:30 pm.
Closed from 1:00 – 2:00 pm.

Call the Legal Information Line and Lawyer Referral Service at:

  • 902 455 3135 (within Halifax Regional Municipality)
  • 1 800 665 9779 (toll free in Nova Scotia)

LISNS' Legal Information Line counsellors provide free legal information and referrals to community resources, including to lawyers on the Lawyer Referral Service. Please email wct@legalinfo.org, or call 902 454 2198, if you have questions about any of the Legal Information Society of Nova Scotia’s legal information services. www.legalinfo.org

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). This pilot project is designed to assist self-represented consumers who have process issues related to areas (non-family civil) that are within the mandate of the General Division of the Supreme Court.

Self-represented litigants would be referred to a lawyer on the roster who would be responsible for conducting the conflict check at their office. The lawyer would then contact the individual to schedule an appointment (approximately 45 minutes) at the lawyer's office.

LISNS is in the process of holding Lunch and Learn Information Sessions around the province to discuss its access to justice initiatives – Access Legal Help and the Justice Centre Pilot. Notices will be communicated via the County Bar Presidents, InForum and the Upcoming events section of the Society’s website.

If you have any questions, please email accesslegalhelp@legalinfo.org

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. 
 
In accordance with the NSBS CPD requirements, lawyers are required to complete 12 hours of CPD relevant to their practice of law, annually. This event will offer the following six sessions that you may find beneficial:
  • Let’s talk about tax!” with Daren Baxter QC, TEP
  • Claims & Claims Avoidance” with LIANS’ Melanie McGrath and Stacey Gerrard
  • Conflicts of Interest” with Stephen McGrath
  • Technology to streamline your practice” with Tobias Sallewsky of LawyerDoneDeal® and Tim Anningson of Amicus Attorney
  • Addictions at work: Alcohol, drugs & gaming” with Andria Hill-Lehr of Homewood Human Solutions™
  • Five keys to activate your life performance” with Two-Time Olympian Karen Furneaux

Online registration available through the NSBS Members Login section: https://imis.nsbs.org/nsbs/NSBSWEB
(To register by telephone, contact Alex Greencorn at 902 423 1300 x325 or agreencorn@lians.ca.)

Registration rate: $250+tax

Sessions will appeal to lawyers, office managers, paralegals and legal assistants from across Atlantic Canada. Lawyers and staff from all sized firms are welcome. 

We look forward to seeing you there! 

‘Failing to plan is planning to fail’. We might be paraphrasing a little but the sentiment is true: failing to plan your day and week in advance could result in important client work being overlooked. Here are some tips on how to avoid that:

  • Use the “critical path method” to set deadlines: This allows you to set up a schedule for project activities to ensure you do not fall behind or run out of time.
  • Make your deadline external: Share it with your staff person or colleague so it becomes more difficult to ignore.
  • Don’t set a deadline on the due date; give yourself a buffer to get the work completed.
  • When setting a deadline, remember to schedule time into your calendar to complete the task.
  • Overestimate the amount of time it will take you to complete a task to allow yourself a buffer should something unforeseen arise.

Lastly, always be mindful of the two-minute rule: If it will take you less than two minutes to complete, do it now. Planning ahead will ensure you have the time to create quality work product and help minimize the risk of error.

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.

Inheritance or beneficiary email scams involve lawyers receiving ‘requests’ where their own names are incorporated into the letter or message itself. These scams refer to a deceased individual who shares the last name of the lawyer being targeted. This format is an effective tactic that catches the attention and time of the lawyer while they determine the legitimacy of the communication. The latest example appears below:

From: Matt Lee <attorney_mattlee @ outlook. com>
Date: November 3, 2014 at 4:51:32 PM AST
Subject: Hello Mr. John Smith

Hello Mr. John Smith,

I am Matt Lee, Sole executor of late Mr. Peter Smith estate.  Peter was a businessman who lived and died in the UK. I have tried to find his extended relatives whom shall be suitor/inheritor to his abandoned personal funds and all such attempt has been to no advantage. The bank has threatened to seize these abandoned personal assets; in line with existing laws. On this note, I decided once more to look for a possible family member (regardless distant). I need your approval to introduce you as the closest family member to him. I have good records that would bestow you legal rights.
 
Feel free to call me on +447700036238 so we can discuss further on this.
 
Best regards,

Matt Lee (LLB)
Senior Partner
Tell:+447700036238
Matt Lee Solicitors
92 New Cavendish Street
London W1W 6XJ

Although the specific details may change (names, countries, monetary figures), keep in mind that legitimate estates do not solicit trustees or heirs by secret letter or email nor do they promise a percentage of the inheritance to carry out the transaction.

Be vigilant with every request for services that you receive. Fraudulent requests for services can be made by email, paper mail and courier as well as by individuals who arrive in person to retain you and to use your trust account to receive and disburse funds. Be cautious with all cheques received, especially if they exceed the agreed upon amount.

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.

On average, Canadians spend $1,137 apiece on food, gifts, entertainment and travel every holiday season. Unfortunately, one-third of us make purchases we know we can't afford, while 23 per cent of us finance our holiday spending with credit cards. And that means big bills in the new year — bills that could take months to pay. But the holidays don't have to wreak havoc on your bank account.

It's easy to get carried away by the excitement and spirit of the season or the pressure to buy expensive gifts. However, you can still have a wonderful holiday season without sinking into debt.

Here are a few ideas that will help you spend wisely during the holiday season.

  • Set a holiday budget. Decide exactly how much you can spend this holiday season. Remember to include hidden expenses such as gift wrapping, travel, entertaining and shipping costs.
  • Make a list and check it twice. List each person for whom you plan to buy a gift. Next to each name, write the maximum amount you're willing to spend. Add it all up and then look for ways to cut back. There are many ways to shorten your gift list. If you have a large family or group of friends, ask if they'd like to draw names out of a hat and give one gift per person. Or give family gifts, such as a board game or a pass to a local museum, rather than individual gifts.
  • Set expectations with friends and family. If you're worried about your finances, talk with friends and family. Let them know if you'll be cutting back on the number of gifts or how much you plan to spend. This is especially important for children, who often have unrealistic expectations about gifts.
  • Use cash whenever possible. Only use a credit card if you know you can pay it off right away.
  • Cash in reward points. You'd be surprised how many groceries and gifts can be bought! If you don't have reward cards with your favourite drug store, supermarket, clothing store or book shop, sign up (they're usually free) and start accumulating points for next year.
  • Allow time for comparison shopping. Shop around to get the best selection and price.
  • Check out discount malls and liquidation centres. You'll find great deals on first-rate merchandise — and no one will know where you found that lovely gift unless you tell them.
  • Give homemade gifts. Bake cookies, knit sweaters, put together a photo album, frame a family photograph or make a themed gift basket full of smaller items like tea, paperback books or gardening tools.
  • Take the "I" out of holiday. A 2012 survey for Interac found that more than a third of holiday shoppers spend almost as much on themselves as they do for their spouse or partner. Resist impulse shopping and the temptation to treat yourself and concentrate on your list and your budget.
  • Give the gift of time. Create a coupon offering your services — cleaning, babysitting, walking the dog, cooking a dinner or completing household projects.
  • Clip coupons. Check product websites for printable coupons. For example, if you're in the market for a camera, visit websites of both camera shops and camera manufacturers and you might find some great discounts.
  • Rethink entertainment. Many people forget about the cost of holiday entertaining. Even providing snacks for neighbours or friends who drop by or cooking the holiday meal can be expensive. Instead of providing all the snacks to visitors, have a potluck where everyone brings an item to eat or drink. For the holiday meal, ask family members to each contribute a dish.

Plan ahead
Avoid the crunch next year by starting your 2015 holiday planning in the New Year. Try putting just $10 a week into a savings account — you'll have almost $500 next December. Put $25 a week away and you'll have $1,300 by the time the holidays roll around again.

It's also a good idea to shop for Christmas and Hanukkah gifts throughout the year. This way you take advantage of great sales, avoid the holiday rush and avoid paying top dollar. Spending small amounts here and there will mean less of a financial crunch at the end of the year.

If you need more financial advice or help setting up a budget, contact your Employee and Family Assistance Program.

For more information and support in holiday spending, 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

On November 5, 2014, the Nova Scotia Mental Health Court marked its fifth anniversary with the release of a 20-page progress report.

The Court was established to deal with people who are facing criminal charges that relate to their mental illness. When the Court began hearing cases on November 5, 2009, its first docket included five names. Today, 20 to 50 people appear before the Court each week as part of their court-monitored rehabilitation. Some are there for a followup appearance. Others are appearing before the Court for the first time. And still others are successfully completing from the program.

The Report of the Nova Scotia Mental Health Court (2014) is available on the Courts of Nova Scotia website at www.courts.ns.ca, in this news item, The Mental Health Court’s First Five Years.

The report covers four years of operation: November 2009 to November 2013. Some highlights of the Court's first four years:

  • 687 individuals were referred to the Court;
  • 232 of them (34%) were deemed eligible to participate in the program;
  • 199 of those who participated (86%) successfully completed the program;
  • the majority of the people who were referred to the Court were men (67%);
  • the age of the people who were referred to the Court ranged from 18 to 86 years;
  • the largest single group of those referred (38%) were 18 to 30 years of age;
  • the most common diagnosis was schizophrenia for men and bipolar disorder or major depression for women;
  • criminal offences, faced by the people who were referred, varied from minor mischief, theft and breach offences to more serious assaults, weapons and threats charges; and
  • each participant who graduated was pleased with the program and reported noticeable positive change in their lives.

For more details about the report’s release, see media reports:

Special court ‘changed my life’ 
Program marking fifth anniversary focuses on people with major mental health issues
THE CHRONICLE HERALD | November 5, 2014

EDITORIAL: Expand mental health court provincewide
THE CHRONICLE HERALD | November 7, 2014

N.S. says mental health court a success, five years after it was set up
CTV, THE CANADIAN PRESS | November 5, 2014

Mental health court a success, say province and offenders:
Of the 232 people referred to the court, 199 have successfully completed the diversion program
CBC News | November 5, 2014

Nova Scotia mental health court works, but no plans to set up past Halifax region
Cape Breton Post | November 06, 2014

Justice Doug Campbell will soon begin preparing and distributing a series of practice tips for the benefit of Family Law Practitioners appearing in the Supreme Court - Family Division throughout the province.

Associate Chief Justice of the NSSC-FD, Lawrence O’Neil, has asked him to do this because of Justice Campbell’s wealth of experience as a practising lawyer and judge. To read ACJ O’Neil’s memo to members of Nova Scotia’s Family Law Bar regarding this new feature of the Courts website, Click here >

Justice Campbell’s Family Law Practice Tips will be posted, on a regular basis, on the Courts of Nova Scotia website. Subscribers to the Courts’ “Notices To The Bar” Twitter account will be notified each time new ones are posted. Subscribe here >

This edition includes:

  • Court dockets for November and December;
  • Rule changes and other Court reminders
  • A reminder from the Court of Appeal re: Abridgement of Appeal Books
  • Notices from the Supreme Court re: Books of Authority, and the amended Practice Memorandum #1 – Foreclosure Procedures.

See the NOVEMBER 7, 2014 Hints and Tips from Nova Scotia’s Prothonotary/Registrar for details.

To view a complete archive of the Hints & Tips newsletters, visit the Information for Legal Professionals page on the Courts of Nova Scotia website: http://courts.ns.ca/Bar_Information/bar_home.htm.

Also choose to follow the Courts on Twitter, for links to decisions, notices, news and other updates via the Courts of Nova Scotia’s Twitter service: http://courts.ns.ca/General_Content/twitter.html.

It has come to the Courts’ attention that Counsel do not always file two copies of Briefs as required by Civil Procedure Rule 40.03 (1)(2) >>

  1. A party who submits a brief, other than a brief for a settlement conference, must file the brief, a duplicate of the brief for the judge, one book of authorities that conforms with Rule 40.06, and no duplicate book of authorities.
  2. The duplicate must be delivered to the prothonotary with the copy for the record or to the judge’s office, as the judge directs.

Please ensure that two copies of Briefs are filed with the Courts.

Monday, December 15, 2014 has been set as the date for the swearing-in of the Honourable Justice Cindy Cormier to the Nova Scotia Supreme Court – Family Division.

The ceremony will be held at the Supreme Court Family Division courthouse on Devonshire Ave. (#3380) in Halifax, beginning at 2:30 pm.

Justice Cormier was appointed to the Bench on Friday, October 10 by the Honourable Peter MacKay, P.C., QC, M.P. for Central Nova, Minister of Justice and Attorney General of Canada. More re: appointment >

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.

CONTRACTS Bernard v. Marlin Pools & Spas Ltd., S.C.C.H. No. 420751, Knudsen, Adjudicator, September 4, 2014. 2014 NSSM 49

CONTRACTS Bank of Montreal v. Kincade, S.C.C.H. No. 420491, Knudsen, Adjudicator, August 5, 2014. 2014 NSSM 50

CONTRACTS Carvery’s Construction Ltd. v. King-Briere, S.C.C.H. No. 424885, Knudsen, Adjudicator, September 4, 2014. 2014 NSSM 51

CONTRACTS First Class Grass Landscaping and Excavation Inc. v. Greenmont Developments Ltd., S.C.C.H. No. 420646, Knudsen, Adjudicator, September 30, 2014. 2014 NSSM 52

CONTRACTS Parslow v. Galeb Construction 1998 Ltd., ANT. No. 430544, Van den Eynden, J., October 27, 2014. 2014 NSSC 390

CRIMINAL LAW R. v. Smith, No. 2685086; 2685087; 2685088; 2685089; 2685094, Ross, J.P.C., September 9, 2014. 2014 NSPC 86

CRIMINAL LAW R. v. G. (R.R.D.), CR.H. No. 412256, Rosinski, J., October 28, 2014. 2014 NSSC 384

CRIMINAL LAW R. v. Clare, CR.H. No. 407705, Duncan, J., October 28, 2014; October 1, 2014 (orally). 2014 NSSC 388

CRIMINAL LAW R. v. Boliver, C.A.C. No. 422908, Bryson, J.A., November 4, 2014. 2014 NSCA 99

CRIMINAL LAW Mercier v. Nova Scotia (Attorney General), C.A. No. 428778, Bourgeois, J.A., November 6, 2014. 2014 NSCA 101

CRIMINAL LAW R. v. MacDonald, C.A.C. No. 347642, MacDonald, M. C.J., November 6, 2014. 2014 NSCA 102

CRIMINAL LAW R. v. MacPhee, No. 2740333, Ross, J.P.C., November 5, 2014. 2014 NSPC 89

CRIMINAL LAW R. v. Clarke et al., CR.H. No. 346068, Coady, J., October 31, 2014. 2014 NSSC 392

FAMILY LAW Beaupre v. Beaupre, No. 1201-067759; S.F.H.D. No. 090488, Jollimore, J., October 24, 2014. 2014 NSSC 363

FAMILY LAW Boulet v. Rushton, No. 1201-066503, O'Neil, A.C.J., February 25, 2014. 2014 NSSC 75

FAMILY LAW Boulet v. Rushton, No. 1201-066503, O'Neil, A.C.J., July 10, 2014. 2014 NSSC 265

FAMILY LAW MacDonald v. MacIsaac, No. 1217-000436, Legere-Sers, J., October 28, 2014. 2014 NSSC 374

FAMILY LAW Kelly v. Harvey, S.F.S.N.M.C.A. No. 043315, Forgeron, J., October 30, 2014. 2014 NSSC 387

FAMILY LAW Nova Scotia (Community Services) v. W. (A.), S.F.S.N.C.F.S.A. No. 85541, Haley, J., October 29, 2014. 2014 NSSC 393

FAMILY LAW Dixon v. Cole, C.A. No. 430784, Bourgeois, J.A., November 4, 2014. 2014 NSCA 100

MAINTENANCE Dunn v. Murphy, S.F.S.N.O.T.H. No. 063283, MacLellan, J., July 15, 2013. 2013 NSSC 444

MEDICINE Chan v. White, Hfx. No. 265999, Coady, J., October 24, 2014. 2014 NSSC 383

PRACTICE Resolve Business Outsourcing Income Fund v. Canadian Financial Wellness Group Inc., C.A. No. 423907, Fichaud, J.A., October 28, 2014. 2014 NSCA 98

WILLS AND ESTATES Willisko v. Pottie Estate, PtH. No. 420643, Gogan, J., October 27, 2014. 2014 NSSC 389

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.

 

November 6, 2014
R. v. Dunn
Neutral Citation: 2014 SCC 69 (CanLII)
File No.: 35599
2014: November 6
Present: McLachlin, Beverley; Abella, Rosalie Silberman; Cromwell, Thomas Albert; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard

On Appeal from the Court of Appeal for Ontario

The appeal from the judgment of the Court of Appeal for Ontario, Number C54975, 2013 ONCA 539, dated September 4, 2013, was heard on November 5, 2014, and the Court on that day delivered the following judgment orally:

The Chief Justice — For the reasons of Justice Rosenberg in the Court of Appeal, we are all of the view that the appeal should be dismissed.

C.J.C.

 

October 30, 2014
Febles v. Canada (Citizenship and Immigration)
Neutral Citation:  2014 SCC 68 (CanLII)
File No.: 35215.
2014: March 25; 2014: October 30.
Present: McLachlin C.J. and LeBel, Abella, Rothstein, Cromwell, Moldaver and Wagner JJ.

On Appeal from the Federal Court of Appeal

Immigration law — Convention refugees — Exclusion based on commission of serious crime prior to admission to country of refuge — Cuban national seeking refugee protection in Canada — Immigration and Refugee Board rejecting claim for refugee protection on grounds that claimant committed serious crimes prior to admission to Canada — Whether consideration of grounds for exclusion should include matters or events after commission of crime, such as whether claimant is fugitive from justice or unmeritorious or dangerous at the time of the application for refugee protection — Whether claimant who has committed serious crime in the past may nevertheless qualify for refugee protection because he or she has served sentence or because of redeeming conduct in the interim — Immigration and Refugee Protection Act, S.C. 2001, c. 27 , s. 98  — United Nations Convention Relating to the Status of Refugees, Can. T.S. 1969 No. 6, art. 1F (b).

Febles was admitted to the United States as a refugee from Cuba. While living in the United States, he was convicted and served time in prison for two assaults with a deadly weapon — in the first case he struck a roommate on the head with a hammer, and in the second, he threatened to kill a roommate’s girlfriend at knifepoint. The U.S. revoked his refugee status and issued a removal warrant. Febles subsequently fled to Canada and sought Canadian refugee protection.

Refugee protection claims in Canada are governed by the Immigration and Refugee Protection Act (“IRPA ”). Section 98  of the IRPA excludes from refugee protection in Canada all persons referred to in Article 1F(b) of the United Nations Convention Relating to the Status of Refugees (“Refugee Convention”). Article 1F(b) of the Refugee Convention excludes from refugee protection all persons who have committed a serious non-political crime outside the country of refuge prior to admission to that country as a refugee. Refugee protection claims in Canada are adjudicated by the Refugee Protection Division of the Immigration and Refugee Board (“Board”). In deciding Febles’ refugee protection claim, the Board concluded that Febles was among the persons referred to by Article 1F(b) of the Refugee Convention, and therefore ineligible for refugee protection in Canada pursuant to s. 98  of the IRPA . Both the Federal Court and the Federal Court of Appeal dismissed Febles’ application for judicial review.

Held (Abella and Cromwell JJ. dissenting): The appeal should be dismissed.

 

October 28, 2014
Thibodeau v. Air Canada
Neutral Citation: 2014 SCC 67 (CanLII)
File No.: 35100.
2014: March 26; 2014: October 28.
Present: McLachlin C.J. and LeBel, Abella, Rothstein, Cromwell, Karakatsanis and Wagner JJ.

On Appeal from the Federal Court of Appeal

Official languages — Breach of language rights during international carriage by air — Airline failing to provide services in French on international flights — Passengers applying to Federal Court for damages and a structural order under Official Languages Act — Whether award of damages barred by limitation of damages liability set out in the Convention for the Unification of Certain Rules for International Carriage by Air (“Montreal Convention”) — Whether structural order appropriate — Official Languages Act, R.S.C. 1985, c. 31 (4th Supp .), s. 77(4)  — Convention for the Unification of Certain Rules for International Carriage by Air, 2242 U.N.T.S. 350, Article 29 .

Legislation — Interpretation — Conflicting legislation — Airline breaching passengers’ right to services in French under Official Languages Act by failing to provide services in French on international flights — Passengers applying to Federal Court for damages under Official Languages Act — Whether award of damages barred by limitation of damages liability set out in Convention for the Unification of Certain Rules for International Carriage by Air (“Montreal Convention”) — Whether Official Languages Act and Montreal Convention conflict or overlap — Official Languages Act, R.S.C. 1985, c. 31 (4th Supp .), s. 77(4)  — Convention for the Unification of Certain Rules for International Carriage by Air, 2242 U.N.T.S. 350, Article 29 .

In 2009, on three international flights operated by the airline and in an airport, the passengers did not receive services in the French language. They filed several complaints with the Office of the Commissioner of Official Languages against the airline, four of which were upheld. There is no dispute that the airline breached its obligations to supply services in French under s. 22  of the Official Languages Act (the “OLA ”) on the occasions giving rise to those four complaints. The passengers applied to the Federal Court under s. 77  of the OLA for damages and for structural orders in relation to the airline’s breaches of their right to services in French. The airline defended against the claims for damages by relying on the limitation on damages liability set out in the Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention”), which restricts the types and the amount of claims for damages that may be made against international air carriers. The Federal Court found that the passengers were entitled to both damages and a structural order, holding that although there was a conflict between the limitation on damages in the Montreal Convention and the power under the OLA to award damages, the latter prevailed. The Federal Court of Appeal set aside the award of damages for the three complaints about events that took place on board the flights as well as the structural order. It held that the Montreal Convention precluded the damages remedy and that a structural order was not appropriate.

Held (Abella and Wagner JJ. dissenting): The appeals should be dismissed.

Province

The Nova Scotia Department of Justice is expanding the Administrative Recalculation of Child Maintenance Program. This Program permits the automatic recalculation of the table amount of child support where a court order or registered agreement so authorizes.

Prior to November 1, 2014, the Recalculation Program operated only within the Supreme Court (Family Division) for orders made under the Maintenance and Custody Act exclusively. The new Regulations allow the Program to operate throughout Nova Scotia for child support orders made under both the Maintenance and Custody Act and the Divorce Act. The new Regulations took effect on November 1, 2014 and were made pursuant to section 55 of the Maintenance and Custody Act: http://www.novascotia.ca/just/regulations/rxam-z.htm#maintcust.

The improvements to this program are part of the work the department and its justice partners are doing to improve access to justice. The Access to Justice Co-ordinating Committee, led by Justice Minister Lena Metlege Diab and Chief Justice Michael MacDonald, is finding ways to make Nova Scotia's family, civil and criminal court systems more efficient and effective, less costly and easier to navigate. 

Authorization and enrolment

Either party may apply for an order to authorize recalculation at the outset of proceedings or as part of a variation of an existing child support order. The parties do not need to consent to authorization provisions and a Judge can authorize recalculation on his or her own accord, without the request of either party. The authorization may be contained in a stand-alone order, or included in a more detailed written agreement or order, including a corollary relief order, as long as the document has been issued by the court. Standard authorization clauses have been developed for use to ensure compliance with the Regulations, and can be found at http://www.nsfamilylaw.ca/www.nsfamilylaw.ca/admin-recalc-info-lawyers.

An order that purports to authorize recalculation, under the 2010 Administrative Recalculation Regulations may be enrolled in the expanded Program provided the order is filed within five years of issuance and meets the enrolment requirements in both sets of Regulations. 

Situations not covered by the Program

Not all child support situations are eligible for recalculation under the Program. These include situations of retroactive support, support arrears, changes in circumstances (other than a change in income level based on the previous taxation year’s annual income), relief other than table child support, and where there is evidence of income other than that defined by the Regulations.

Conditions Precedent for Authorizing Enrolment:

The Regulations provide that a court may not make a recalculation authorization order where:

  • either payor or recipient does not ordinarily reside in Nova Scotia at the time when the recalculation authorization order or recalculated order is issued;
  • child maintenance order is set out in an interim order;
  • a shared custody order exists for a child to whom the maintenance order applies;
  • the payor’s annual income is over $150,000 and child support payable is not based on a table amount;
  • the child maintenance amount takes undue hardship into account;
  • the payor received income from self-employment as a partner in a partnership, as a person in control of a corporation or as a recipient of dividend income;
  • the payor stands in place of a parent and the child support payable is not a table amount;
  • the payor’s annual income was determined based on a pattern of income; or 
  • the amount of child maintenance ordered was not determined under the Child Maintenance/Support Guidelines.

The Regulations also set out circumstances where a clerk must not recalculate an order, for example when:

  • the order authorizing the recalculation has been varied, rescinded, suspended or substituted;
  • the payor’s income has not changed;
  • the authorization was made in circumstances noted in the above paragraph that preclude authorization;
  • the payor’s circumstances have changed to include circumstances that would not have allowed a judge to issue the authorization order;  
  • the recalculation authorization order was made under the new regulations, but does not comply with those regulations;
  • the authorization order was made under the former regulations and does not comply with either the former or the current regulations; or
  • the eldest child subject to the child support order reaches the age of majority.

The recalculation clerk will review orders to determine whether they meet the enrolment or recalculation criteria and will advise parties, courts and the Maintenance Enforcement Program of these decisions. The last recalculated order issued will continue to be enforceable until it is varied, but no new recalculated order may be prepared or issued.

Determining annual income

Annual income will be calculated in accordance with s. 16 of the Child Maintenance or Child Support Guidelines. Payors will be required by court order to file financial information as defined by the Regulations and will be reminded of this requirement prior to the deadline. “Financial Information” includes the personal income tax return and notice of assessment/reassessment for the previous taxation year and, if circumstances require, may include other document(s) acceptable to the clerk that set out the payor’s annual income from all sources.  

If insufficient or no financial information is filed, the clerk may deem income to the payor in an amount 10% higher than the amount set out in the most recent order for the purposes of recalculation.  

Conditions of recalculated orders

The recalculation clerk will use the Nova Scotia Table to determine the amount of child support payable. The payor becomes liable to pay under the recalculated order 31 days after the parties are notified of the order. Notification is deemed to have occurred five days from the date the recalculated order was sent to the parties. The method of calculation, annual income determination, and review date must be stipulated in the recalculated order. A standard form of recalculated order can be found at http://www.nsfamilylaw.ca/www.nsfamilylaw.ca/admin-recalc-info-lawyers.

Variations and objections permitted

Either party may object to a recalculated order by making an application to vary, rescind or suspend the recalculated order no later than 30 days after the date the parties are deemed to have received it. The parties are required to notify the recalculation clerk in writing if they file any such application. Provided the objection is filed within the 31-day period, the recalculated order is suspended pending the determination of the objection or until the application is withdrawn. The next most recent order for child support remains in effect during this time. If the objection is withdrawn or dismissed, the recalculated order is effective from the date it was first issued.

The Recalculation Program does not preclude either party from making an application to a court to vary a child support order, recalculation authorization order or recalculated order in response to a change in circumstances that happens outside the annual review process. The most recent of the recalculated order or other order dealing with child support remains in effect until the matter is determined, unless a judge authorizes a stay on application of a party or otherwise. 

For more information, please visit nsfamilylaw.ca or contact the Administrative Recalculation Program at:

Administrative Recalculation of Child Maintenance Program
P.O. Box 23
Halifax, NS   B3J 2L4
Direct phone: 902-424-0600
Toll-free: 1-844-424-0600 (outside metro Halifax)
Fax: 902-424-0840

Following amendments to the Direct Sellers’ Regulation Act in the spring, Service Nova Scotia is undertaking a consultation on proposed changes to the Direct Sellers Regulations. In future, the salesperson permit will be eliminated in most cases. Other changes will affect permit requirements, exemptions, address requirements, financial security, and cancellation rights for continuing-services contracts.

To provide input, see the consultation document:

The consultation document includes a survey with 12 questions. Please respond to any questions that are relevant to you, and return the survey to promotions@gov.ns.ca. You may also submit the document by fax or mail. The deadline to submit the survey is November 24, 2014.

Please circulate this consultation document to any other colleagues or individuals who may have an interest in the regulation of direct selling.

If you have any questions or concerns, please contact Adam Grant, Senior Policy Analyst, Consumer and Business Policy, Service Nova Scotia, at adam.grant@gov.ns.ca or 902 424-4580. 

A new Limitations of Actions Act, introduced Oct. 29, aims to eliminate time limits for victims of sexual assault and domestic violence who want to file lawsuits. It will also set standard time limits for filing other civil lawsuits.

Limitation periods put a cap on the length of time people have to sue. The existing act gives a one-year limitation period for sexual assault claims. There are a variety of exceptions that could suspend the limitation period, but they are difficult to understand and apply.

"The new act is simpler, provides more certainty and strikes a fair balance that respects the rights of all parties involved in the legal action," said Justice Minister Lena Metlege Diab. "Most importantly, it better protects victims of sexual assault by eliminating time limits on when they can bring a claim forward."

In addition to eliminating time limits for victims of sexual assault and domestic violence, the act also does not set time limits for assaults involving dependents, including people who are financially, emotionally or physically dependent on others, or people in intimate relationships. There will continue to be no time limits for any claims involving children. Limitation periods are suspended until children turn 19.

The new act establishes a single, two-year basic limitation period for most civil claims, such as those that involve personal injury or breach of contract. It also creates an ultimate limitation period of 15 years for legal claims, which may not be discovered right away, such as undetected medical complications resulting from surgery. Under the new law, Nova Scotians will have 15 years from the date an action or omission took place to start a civil lawsuit.

"Under the existing legislation, the 6,000 professional engineers and engineers in training who are licensed to work in Nova Scotia, are essentially liable forever," said Len White, CEO of Engineers Nova Scotia. "This is unlike almost anywhere else in Canada and it affects both mobility and employment. "We applaud government for taking the initiative to fix this legislation and to make positive changes for engineers and other professionals."

Nova Scotia's existing limitation law allows for a variety of different basic limitation periods depending on the claim. It has no ultimate limitation period.

This has led to a lot of confusion among the public, small business owners, lawyers and other professionals around time limits, and can result in complex litigation.

The new act is in line with what is happening in other jurisdictions and what is recommended by the Uniform Law Conference of Canada.

Nova Scotians will have additional time to provide feedback on the province's first accessibility legislation. The deadline for written, telephone, online and email submissions has been extended until Friday, December 19. 

"The extra time is intended to increase participation," says Anne MacRae, co-chair of the Minister's Advisory Panel on Accessibility Legislation. "We want to hear from all Nova Scotians on this important initiative to create the province’s first accessibility legislation."
 
There are many ways to participate. A discussion paper is available in several accessible formats, at novascotia.ca/coms/accessibility/. Braille copies are available by request, and submissions can be made through ASL vlogs, or the Disabled Persons Commission TTY service at 1-902-424-2667. An online survey is also available at the link above. 
 
The Advisory Panel held provincewide consultations in Dartmouth, Wolfville, Church Point, Yarmouth, Bridgewater, Truro, Membertou, Antigonish, Halifax and Amherst from Nov. 13 to Dec. 5. The panel will make recommendations to Community Services Minister Joanne Bernard in February, and the accessibility legislation is expected to be introduced in spring 2016.
 
For more information, contact Kerry Deagle by phone at 902-424-3827, or email at Kerry.Deagle@novascotia.ca .

 

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). To learn more visit www.novascotia.ca/exec_council/abc or call 902-424-4877 in HRM (Toll-free: 1-866-206-6844).

For more details, see the complete posting on the Society’s Volunteer & pro bono opportunities page.   

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

An Act to Amend Chapter 1 of the Acts of 1995-96, the Education Act, S.N.S. 2014, c. 13, s.4

NS Gaz Pt 2, 10/31/2014
NS Reg 156/2014

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

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

The following announcements since the last edition of InForum may be of interest to the legal profession; see link above for all provincial releases:   

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

  • Public Notification of Mistaken Release (Nov. 7)
  • New Limitations Act Changes Time Limits to Sue (Oct. 29) 

SERVICE NOVA SCOTIA: Find all news releases at http://www.gov.ns.ca/snsmr/

ABORIGINAL AFFAIRS--Seminar on Aboriginal Consultation, Environmental Assessment Held (Oct. 29) 

COMMUNITY SERVICES

  • Public Input to Shape Accessibility Legislation (Nov. 6)
  • Investments Will Increase Access to Affordable Housing (Oct. 28)

COMMUNITIES, CULTURE AND HERITAGE

  • Province Renews Gaelic Memorandum of Understanding (Nov. 5)
  • New Accessible Format Library Collection Launches (Oct. 31)

ECONOMIC/RURAL DEVELOPMENT/TOURISM

  • GE Canada Partnership Shines Spotlight on Nova Scotia Entrepreneurs (Nov. 6)
  • Province Helps Build Healthy, Sustainable Communities (Nov. 1)
  • Proposed Invest Nova Scotia Board Announced (Oct. 30)
  • Online Toolkit Supports Small Businesses (Oct. 29)

EDUCATION/EARLY CHILDHOOD DEVELOPMENT

  • Province Supports Holocaust Education Week (Nov. 3)
  • Minister's Panel on Education Releases Report (Oct. 30)

ENERGY

  • Government Welcomes New Offshore Interest (Nov. 10)
  • International Conference on Ocean Energy Held in Halifax (Nov. 3)
  • Funding Supports Blue Route Project Consultation (Nov. 3)

ENVIRONMENT--Wastewater Request Approved (Oct. 28)

EXECUTIVE COUNCIL--Kim MacNeil appointed Deputy Minister of Fisheries and Aquaculture, and Agriculture (Oct. 30) 

FINANCE/TREASURY BOARD--Final Step Cleared in Legalization of U-Vint, U-Brew in Nova Scotia (Oct. 29)

FISHERIES/AQUACULTURE--Nova Scotians Invited to Discuss, Provide Input on Recreational Fishing (Nov. 4)

HEALTH/WELLNESS

  • Government to Consult on Flavoured Tobacco, E-cigarette Juice (Nov. 5)
  • Community Grants Help Not-for-Profit Groups Across Province with Mental Health Initiatives (Nov. 3)
  • Executive Structure Announced for New Provincial Health Authority (Oct. 31)
  • Nurse Practitioners Able to Prescribe Monitored Drugs (Oct. 29)

INTERNAL SERVICES--Shared Services Act Introduced (Oct. 28)

NATURAL RESOURCES

  • Mining, Exploration Industry Meets in Halifax (Nov. 10)
  • Panuke Lake Harvest Review Panel Members Named (Oct. 31)
  • Poachers of Endangered Moose Sought (Oct. 28)
  • Province Seeks Feedback On Forestry Plans (Oct. 28)

N.S. BUSINESS INC.--NSBI Announces 2013-14 Annual Results (Oct. 30)

NOVA SCOTIA SECURITIES COMMISSION--Commission Creates YouTube Videos for Financial Literacy Month (Nov. 3)

PREMIER'S OFFICE

  • Staffing Changes Announced (Nov. 5)
  • 2014 Order of Nova Scotia Recipients Announced (Nov. 4)
  • Premier Encourages Nova Scotians to Attend Remembrance Day Events (Nov. 3)

TRANSPORTATION/INFRASTRUCTURE RENEWAL

  • Province, Federal Governments Share Highway 101 Expansion Costs (Oct. 31)
  • Amendments to Railways Act Protect Businesses, Economic Opportunities (Oct. 31)
Other news

McGinty Doucet Walker is pleased to announce that Kay Rhodenizer is joining its family law practice as counsel. Kay brings over 28 years of legal experience to the firm. Most recently, she has been working as a sole practitioner in Dartmouth.

Kay’s addition to the firm coincides with the firm’s move to larger premises at Suite 300 – Park Lane Terraces. The firm is also comprised of Mary Jane McGinty, counsel, partners Christine Doucet and Angela Walker, and associates Laura Kanaan, Michelle Rogers and Nigel Jenkins. 

The merger and move are effective November 17, 2014.  Kay’s contact information will be 902-422-5881 or kay@mdwlaw.ca.

An open house reception is scheduled at the firm for December 4, 2014 from 3 p.m. to 6 p.m. 

Jim Musgrave QC, C. MedHalifax, NS (October 29, 2014) – Jim Musgrave QC, C. Med. is the 2014 recipient of the national Lionel J. McGowan Award of Excellence in Dispute Resolution, awarded by the ADR Institute of Canada (ADRIC).

The McGowan Award recognizes those who have made an outstanding contribution to the development and success of ADRIC on a national level, and have contributed significantly to the promotion and development of alternative dispute resolution across Canada. ADRIC is the country's premiere national credentialing body for mediators and arbitrators, with a membership of 2,000 mediators and arbitrators across Canada. 

Jim received this national honour at ADRIC’s recent annual national conference in Montreal, which he also chaired as ADRIC’s national President. The Montreal conference marked the completion of Jim’s two-year term as ADRIC President.

Cox & Palmer congratulates Jim Musgrave on the completion of a success term as ADRIC President, and on the national McGowan Award. This national recognition is testament to Jim's dedication and commitment to the highest standards of mediation and arbitration practice.

Cox & Palmer is a full-service, top ranked Atlantic Canadian law firm with the knowledge and experience you can rely on for solid legal solutions. We work with clients to understand their needs and provide valuable advice when it matters most. 

www.coxandpalmerlaw.com 
@coxandpalmerlaw

HARRIS NEWTON LAW is pleased to welcome Denise Mentis-Smith to join its Law Team.

Denise was called to the Nova Scotia Bar in 1996 and over the past 18 years has practised personal injury law with an emphasis on motor vehicle accidents and occupiers liability. Denise also established an extensive practice in mediation and dispute resolution. 

At HARRIS NEWTON LAW, Denise’s practice will include personal injury law along with branching out into the areas of family law, wills & estates, real estate law and general litigation.

“I am thrilled to be joining the dynamic team of Sarah Harris and Beth Newton, who have established themselves in the up and coming area of Larry Uteck Boulevard in Bedford,” she says. “This unique opportunity will allow me to share my established skills in personal injury law along with pursuing other areas of the law, which I believe will allow me to become a well-rounded lawyer. I am looking forward to assisting and providing a great service to new clients along with some of the clients I represented prior to joining Harris Newton.”

HARRIS NEWTON LAW is located in Nine Mile Circle, 620 Nine Mile Drive, Bedford, and offers services in family law, personal injury law, wills and estates, corporate and commercial real estate, power of attorney, personal directives, disability appeals and general litigation.

www.harrisnewtonlaw.ca

The Society wishes to advise members of the recent deaths of the following colleagues. We extend our condolences to their friends and family.

  • Ian Frank MacConnachie QC, Dartmouth – November 1, 2014 Obituary
  • Janet Joanne MacNeil, Mahone Bay – October 27, 2014 Obituary
  • Andrew Pavey, Vancouver – October 24, 2014 Obituary

News releases from the federal Department of Justice are available at this link: http://www.justice.gc.ca/eng/news-nouv/index.asp

The following announcements were released since the last edition of InForum:

  • Federal Government Provides Funding for Online Network for Victims of Crime (Nov. 7)
  • Harper Government Introduces Tax Cuts and Increased Benefits for Canadian Families (Oct. 31) Speech by the Honourable Peter MacKay Minister of Justice and Attorney General of Canada, To Welcome the Honourable Mr. Justice Clément Gascon to the Supreme Court of Canada (Oct. 28)
  • Government of Canada Announces Launch of the Administrative Tribunals Support Service of Canada (Oct. 27)

The Canadian Institute for Advanced Legal Studies sponsors several scholarships that provide recent graduates from Canadian law schools with an excellent opportunity to pursue graduate studies abroad.

  • The Right Honourable Paul Martin Sr. Scholarships, at the University of Cambridge, covers full University and College fees (i.e. full tuition) and a monthly living allowance, subject to any other awards received by the successful candidate.
  • The French language Scholarship is awarded for study in the French language at a French-speaking university in Europe. It ordinarily covers the full amount of the tuition fees payable by the recipient to the university and includes an allowance to cover a portion of living expenses and reasonable travel expenses to and from the European university, subject to any other awards received by the successful candidate.

Please note, the deadline for applications for the 2015-2016 academic year is December 31, 2014. Successful candidates will be notified by April 15, 2015.

For application details and more information, visit www.canadian-institute.com.

Careers

Shared office space available for rent, commencing January 1, 2015 with three independent, experienced lawyers, in the Mumford Professional Centre in the west end of Halifax.

Large, furnished corner office with separate paralegal station. All infrastructure in place, including shared conference room, telephone system, fax, computer server, copier, scanner, etc.

For more details, contact Bill Sutherland at 902-445-2500 Ext. 7

Morneau Shepell Inc provides human resource consulting and outsourcing services. The firm’s solutions are designed to help organizations reduce costs and improve their competitive positions by assisting employers with managing the financial security and well-being of their employees with an array of consulting, administrative outsourcing and training services.

Morneau Shepell is seeking a lawyer who will provide legal assistance to the retirement, benefits and investment consulting practices. The firm provides services to pension plan sponsors and assists clients with the set-up and ongoing management of employer-sponsored benefits programs. Reporting to the Legal Director, the successful candidate will work in a team environment, providing legal support services to internal clients and consulting services to external clients in the areas of employment, pension and benefits law.

Morneau Shepell is based in Halifax, Nova Scotia with another Atlantic office in Fredericton, New Brunswick. The candidate may choose to work in either office. 

Key Responsibilities:

  • Provide legal guidance and support to consultants, clients and plan administrators
  • Review ongoing legislative requirements and industry developments
  • Review plans, trust documentation and insurance contracts 
  • Ensure compliance of clients’ pension and benefits plans with pension standards, contractual requirements and Income Tax Act requirements
  • Attend meetings, develop reports, prepare presentations, and review plan documentation for existing and prospective clients
  • Participate in training sessions and industry conferences to keep up to date on changes to the legal environment, new case law, trends and legal principals
  • Update internal consultants and clients on new legal developments and legislative changes
  • Draft amendments and update text when required
  • Participate in the strategic design and implementation phases of special projects, such as plan wind-ups, governance reviews, conversions and surplus recoveries
  • Participate in the development of employee communication material, such as pension booklets, notices, benefit enrolment forms, year-end statements
  • Maintain excellent relationships with clients and assist in the development of new business with existing clients
  • Manage multiple client assignments and projects in a timely fashion

 Job Requirements:

  • Bachelor of Laws degree
  • Member of Nova Scotia Barristers' Society or other provincial law society with eligibility to practice in Nova Scotia or New Brunswick;
  • Exceptional analytical skills and ability to synthesize complex information
  • Exceptional writing and research skills, with particular attention to detail
  • Exceptional client focus with strong professional acumen
  • Excellent communication, project management and presentation skills
  • Highly organized, ability to take initiative and be independent
  • Strong appreciation for client confidentiality and privacy
  • Efficiency with personal computers and software, particularly MS Word, Excel and PowerPoint

Contact: pbremner@morneaushepell.com

Paralegal currently studying Paralegal Studies at Eastern College, Halifax.

Experience working in:

  • Civil Litigation,
  • Personal Injury and
  • Long Term Disability

with Resolute Legal, NS, PEI & NB.

Looking for part-time mornings, 8-12, as I attend school at 1pm. My previous position involved work from home on all cases. For a copy of my resume and references, please contact me via email (chelsealcumby@gmail.com).

L’Association des juristes d’expression française de la Nouvelle-Écosse (ci-après appelée « AJEFNE ») est à la recherche d’un(e) directeur(trice) général(e) pour gérer son nouveau centre ‘‘Accès Justice Access’’ 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.

L’AJEFNE est à la recherche de candidatures de personnes d’exception pour remplir ce poste. La personne sera entre autre responsable, en collaboration avec le Conseil d’administration de l’AJEFNE, des tâches suivantes:

  • Assurer la mise en œuvre des orientations, des décisions et des priorités établis pour le centre;
  • Assurer la gestion quotidienne de l’ensemble des activités administratives du centre, notamment la gestion des ressources humaines, financières et techniques;
  • Identifier et établir des partenariats financiers;
  • Rédiger les demandes de financements, les rapports d’activités, les rapports annuelles;
  • Assurer le financement du centre;
  • Élaborer une vision et un plan stratégique pour le centre;
  • Établir un plan opérationnel intégrant les objectifs visant l'accomplissement des orientations stratégiques du Centre;
  • Entretenir de bonnes relations avec les autorités gouvernementales, la communauté acadienne et francophone et les organismes de prestation de services juridiques.

Qualifications requises : 

  • Diplôme universitaire en droit, en sciences sociales, en administration, en gestion, en ressources humaines ou dans un domaine connexe;
  • Expérience reliée à la gestion d’un organisme sans but lucratif;
  • Excellentes habilités en français et en anglais, à l’oral comme à l’écrit;
  • Bonne connaissance de la suite MS Office et de Simple Comptable;
  • Bonne connaissance et compréhension du domaine juridique;
  • Excellentes habiletés en prise de décision, travail d’équipe, en leadership et en rédaction; 
  • Faire preuve d’efficacité et de bonne gestion axée sur les résultats;
  • Toutes autres formations et expériences combinées pourront être considérées. 

Ce que nous offrons :

  • L’opportunité de contribuer à la mise sur pied d’un centre qui vise à promouvoir l’accès à la justice;
  • Un milieu de travail stimulant et valorisant;
  • Un poste à temps plein (35 heures par semaines);
  • Le salaire est à négocier selon l’experience.
  • Faites parvenir votre curriculum vitae au plus tard : le 14 novembre 2014

À l’attention de : 
Brenda Christie
Courriel : information@ajefne.ns.ca 
Télécopieur : 902-433-2085 

Seuls les candidats retenus pour une entrevue seront contactés.

Crown Attorney
Regular / Full-Time
Manitoba Justice, Manitoba Prosecutions Service, Thompson MANITOBA

Advertisement Number: 29447
Salary Range: $70,394 to $141,999 per year plus Remoteness Allowance, if applicable
Closing Date: December 1, 2014

Manitoba Prosecution Service is responsible for prosecuting most offences in Manitoba. These offences are identified in provincial statutes, the federal Criminal Code of Canada and The Youth Criminal Justice Act. Member in good standing or eligible for membership with the Law Society of Manitoba, the ability to travel (including overnight stays), a satisfactory Criminal Record Check, Child Abuse Registry Check and Adult Abuse Registry Check are conditions of employment. 

Qualifications: The successful candidate must have litigation experience in the practice of criminal law. Prosecutions experience is desired. Superior communication (written and oral), presentation and interpersonal skills are required. Experience with effective case management, excellent analytical and organizational skills to effectively meet short deadlines, with the ability to work independently are essential. Experience with computer software packages including legal research applications, MS Word and Outlook or equivalents are required. 

Please visit our website for a complete list of qualifications and duties at www.manitoba.ca/govjobs

APPLY TO:

Advertisement No. 29447
Manitoba Civil Service Commission
Human Resource Services
300-305 Broadway Winnipeg, MB R3C 3J7
Phone: 204-945-3688
Fax: 204-948-2193
Email: govjobs@gov.mb.ca

Your cover letter, resumé and/or application must clearly indicate how you meet the qualifications. We thank all who apply and advise that only those selected for further consideration will be contacted. Employment Equity is a factor in selection. Applicants are requested to indicate in their covering letter, resumé and/or application if they are from any of the following groups: women, Aboriginal people, visible minorities and persons with a disability.

We are seeking an associate to join our expanding family law practice.  Preference will be given to candidates with at least one year post-call experience in family law.

We are a busy firm in an excellent location in the Clayton Park West area, with a solid reputation in the community.

This is a fee-splitting arrangement and we provide the tools to enable a self-reliant lawyer with a strong work ethic to develop a rewarding and lucrative career. As an associate with Parkland Law, you will be working in a friendly, supportive, client-oriented environment. 

Please reply in confidence to:  

Russ Quinlan
Parkland Law
quinlan@eastlink.ca

Position: One year contract Staff Lawyer position in Antigonish, NS, practicing criminal law.

Qualifications: Successful candidate must be a practicing, insured member in good standing of the Nova Scotia Barristers' Society with a thorough understanding of criminal law. Candidate should have at least three years' experience in criminal practice. Candidate should have experience in representing clients before the courts. Competency to conduct legal proceedings in both the English and French languages would be an asset. Position to start on February 16, 2015.

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

Closing date: Friday, November 14, 2014 at 4:00 PM

Reply to:
Joseph Cameron, Internal Operations Director
Nova Scotia Legal Aid Commission
102-137 Chain Lake Drive
Halfax, NS  B3S 1B3
Fax:  902-420-3471
Email: Joseph.Cameron@nslegalaid.ca

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

We are currently seeking a Legal Assistant to join our team for a 1 year term. The successful candidate should have successfully completed a recognized course or have previous experience in a law firm environment together with the interpersonal skills required to work in a busy environment. 

Full time employment (35 hours per week)   

Duties and responsibilities:

  1. Checking legal forms and documents for accuracy;
  2. Preparing reports, correspondence, etc.;
  3. Preparation of correspondence, memos, emails and legal documents;
  4. Filing and organization of files;
  5. Maintaining lawyer schedule and agenda; and
  6. Review and prioritize incoming mail, coordinate faxes and draft routine correspondence for lawyer review.

Qualifications and experience:

  1. Ability to work independently in a busy environment;
  2. Superior verbal and written communication skills;
  3. Proficiency in computer use and document preparation;
  4. Strong attention to detail; and
  5. Good work ethic.

Other Requirements:

  • Must be a problem solver and have the ability to handle multiple deadlines;
  • Must be able to work well under pressure and adapt quickly and efficiently to changing workloads and demands; and
  • Outstanding communication abilities and excellent Microsoft Word skills.

Interested candidates should attach their cover letter and resume to tinawalker@eastlink.ca

Bacchus & Associates Law Firm
6189 Lady Hammond Road
Halifax, NS  B3K 2R9

  • Do you want a career in a law firm that rewards you for a commitment?
  • 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?​ 

Position Overview:

Look no further. BOYNECLARKELLP is a dynamic, fast-growing Dartmouth law firm. We are looking to hire an experienced, enthusiastic and organized Legal Assistant to support a Partner`s Personal Injury Practice. The successful candidate will be eager to learn and take on new challenges with a keen eye for detail and a focus on organization and efficiency.   

Responsibilities:

  • Communication to key parties as required.
  • Responsible for maintaining lawyer schedule and agenda.
  • Responsible for completing dictation, producing documents, correspondence and all follow-up work as directed.
  • Responsible for maintaining up to date client files; both paper and electronic with the use of the in house document management system ProLaw.
  • Involvement in special projects as required.
  • Filing and organization of large files.
  • Responsible for reviewing and prioritizing incoming mail, coordinate faxes and draft routine correspondence for lawyer review.
  • Scanning, filing and organization of large files.
  • Any other duties as required. 

Requirements:

  • Several years experience working in a personal injury practice.
  • Graduate of a formal paralegal program or the equivalent combination of training and experience.
  • Career minded and looking to develop and continue to build knowledge and skill.
  • A motivated self starter that can also work well autonomously.
  • A team player with a collaborative approach to problem solving.
  • Excellent organizational skills with exceptional attention to detail.
  • The ability to juggle multiple priorities is a must.

 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. BOYNECLARKE LLP supports equity in employment and we encourage all qualified individuals to apply to our firm. Our website 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
Fax: (902) 463-7500 
hr@boyneclarke.ca 
www.boyneclarke.ca 

muttarts law firm is seeking an experienced full-time paralegal, primarily in the area of family/civil litigation.

Location: Kentville, Nova Scotia

Requirements:

The ideal candidate will display a high level of professionalism, and will share our passion for excellence in the delivery of legal services. In addition, he or she must have the educational background, working experience, and personal qualities below for this position:

  • Graduate of a formal paralegal program or the equivalent combination of training and experience
  • Career minded and looking to develop and continue to build knowledge and skill
  • Accurate preparation of legal documents and correspondence
  • Highly developed file organization and superior communication skills
  • Proficiency in computer applications and willingness to learn new ones
  • Strong attention to detail
  • Ability to manage multiple tasks and work independently
  • Experience in family law and/or litigation is an asset.

Qualified applicants are asked to submit their résumé along with covering letter, in confidence, to Lisa Crowell by email (lcrowell@muttartslaw.ca), no later than Friday, November 21, 2014. Please include a list of computer applications with which you are proficient, typing ability, as well as salary expectations. We thank all applicants for their interest; however, only those selected for an interview will be contacted.

Our website (www.muttartslaw.ca) offers more information about our firm.

The Public Trustee is committed to the proper administration of estates of deceased persons, incompetent persons, children and missing persons. It is also committed to provide informed consents for health care, placement to a continuing care home or home care services using an approach that is client-centred, respectful of human rights and freedoms, and in the client’s best interests if prior wishes, values, and beliefs are not known. The Public Trustee of Nova Scotia is independent of government. It is set up as a corporation sole to protect the financial and personal well-being of its clients and offers a wide range of unique services. Its authority is set out in several provincial laws. The Public Trustee has Deputy Head status and for administrative purposes reports to the Attorney General. The Public Trustee is responsible for the sound business management of the Office of Public Trustee of Nova Scotia and to discharge the statutory obligations imposed by the Public Trustee Act by being fully accountable for all responsibilities established under the Act and other related legislation, and by delivering all statutory and judicially imposed services in a fair, reasonable and prudent manner. The Public Trustee: 

  1. manages estates of living persons who need services of a trustee, guardian, attorney or other fiduciary not readily available in the private section to such living persons;
  2. administers estates of deceased persons by exercising its statutory authorities;
  3. administers trust funds for children who are under the age of 19, the age of majority in Nova Scotia;
  4. may consent to act as litigation guardian, or representative in court, for litigation for minors, adults who are considered to be mentally incompetent, deceased persons, missing persons, or any others who are unable to represent themselves in court – unascertained litigants – when a court orders that someone must act as a substitute;
  5. may consent to health care decisions and nursing home placement decisions for incapable persons when consent cannot be obtained from the person, a named health care decision maker, a court appointed guardian of the person or a statutory decision maker;
  6. is accountable and responsible for the strategic investment and management of client trust funds and property totaling more than $52 million. Such investments must be made in accordance with the Trustee Act and all trustee laws;
  7. must prepare the annual financial statements which are included in the Public Trustee’s Annual Report and are filed in the House of Assembly.

The Public Trustee provides expert legal advice to the Minister of Justice on legislative and policy initiatives which affect the ability of the Public Trustee to serve its clients by keeping abreast of national legal developments, legislative reform and judicial decisions. The Public Trustee acts quasi-judicially in settling and approving trustee accounts, accounts of a private attorney under an enduring power of attorney and in investigating escheated or forfeited property.  

Qualifications:

The successful candidate must be a practicing barrister with a minimum of 10 years’ experience at the Bar (required).  S/he must have experience in developing policies and procedures and establishing protocols for communications and liaison with government departments. The ability to provide competent, expert legal advice and services in matters relating to the Office of the Public Trustee is a requirement. The candidate must possess a thorough knowledge of estates and trust law; the Public Trustee Act and other related legislation. A minimum of five years’ work experience in the area of trusteeship, wills and estates, real property and real estate transactions is mandatory. The candidate must have demonstrated experience in managing and investing substantial investment funds, as well as a sound knowledge of accounting and financial interpretation. The incumbent must demonstrate strong executive leadership competencies and effective interactive communication. Partnering and relationship building as well as decisiveness and an outcomes focus are also required competencies.  S/he must have experience in the effective management of human and financial resources. Experience providing leadership and direction to a staff of independent minded professionals is an asset.

Qualified candidates who are interested in the position should send a covering letter and resume quoting Compettion # JH-1590HB to:
Career Beacon.com by November 20, 2014.

Upcoming Events
Event Date: Tuesday, November 11, 2014 - 12:15 to 14:15

Canada’s Anti-Spam Legislation came into effect on July 1, 2014.  With it have come a host of questions on compliance and enforcement, many arising from the charity and not-for-profit sector. If you represent charities and NPOs, or are in-house counsel, attend this program to find out the impacts of CASL on Charities/NPOs and what strategies you should put in place to ensure compliance with this sweeping legislation. 

Topics include:

  • An Overview of the Legislation and Regulations
  • The Treatment of Charities and NPOs
  • Ensuring Your Charity/NPO Clients Have a Bulletproof Compliance Strategy in Place

Register now to secure your spot, and to discuss best practices with your peers.

PROGRAM CHAIRS

  • Camille Jordaan, Borden Ladner Gervais LLP
  • Andrew Valentine, Miller Thomson LLP

Agenda: To view detailed agenda, please click here.

Event Date: Wednesday, November 12, 2014 (All day)

Emotional intelligence (EI) refers to the ability to identify and assess the emotions of oneself and others and then to use that information to guide one’s actions. While cognitive skills are also important, it is emotional intelligence that has the greatest impact on people’s ability to be productive and work well with others. Participants of this workshop will learn to utilize emotional intelligence more effectively through both self-assessment and skill development exercises, resulting in an increased sense of how to engage more effectively with others.

http://www.achievecentre.com/node/1197

Event Date: Wednesday, November 12, 2014 - 12:30

*Please refer to the Lancaster House website for more information.

http://lancasterhouse.com/audioConferences

Event Date: Wednesday, November 12, 2014 (All day) to Thursday, November 13, 2014 (All day)

Free training on WestlawNext Canada is available on November 12 & 13 at the Simon J. Khattar, QC Memorial Barristers’ Library in Sydney. 

Library & Information Services licenses WestlawNext Canada, a comprehensive online legal research product, for lawyers’ use in Barristers’ Libraries in Halifax, Kentville and Sydney. 

While continuing to license the same content – CriminalSource, FamilySource, Estates&TrustsSource, and LawSource – these Barristers’ Libraries have made the switch to Carswell’s new platform for this legal research product. 

Please call L&IS at 902 425 2665 or 1 866 219 1202 (toll-free) to book a one-hour session at a time that is convenient for you. You can bring members from your firm; please let us know at the time of booking. 

WestlawNext Canada offers an all-in-one search box and customizable interface, as well as the ability to browse content collections and drill down into commentary sources. 

It offers new functionality in managing your search results with search filters and visual indicators. Results are ranked by relevance and sorted by content type. 

L&IS is pleased to offer training sessions on WestlawNext Canada with Thomson Carswell’s Executive Learning Consultant, Sam MacKenzie.

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
 
November 12, 2014 | 9:00 am – 4:30 pm
NSBS Classroom, Cogswell Tower, 8th Floor
Lunch is included.
 
Dr. Julie Macfarlane, Project Director 
National Self-Represented Litigants Project 
Professor, Faculty of Law, University of Windsor
 
 
Please RSVP by November 3 at members.nsbs.org
Event Date: Thursday, November 13, 2014 - 04:30

Are you interested in doing some pro bono work?
Access Legal Help NS may be able to help

The Legal Information Society of Nova Scotia (LISNS) is rolling out its Access Legal Help pilot project across Nova Scotia and one of our first stops is Sydney. The purpose of Access Legal Help NS is to improve access to summary legal advice for Nova Scotians with limited financial means.

Access Legal Help NS provides:        

  1. A central place where Nova Scotians can find out about programs and agencies that provide free legal advice; and        
  2. Two-hour legal clinics where the public can get free legal advice through pre-scheduled appointments.

You are invited to an information session to find out more about the project and how it can provide you with pro bono opportunities, including the new Regional Justice Centre (excluding HRM) pilot to assist self-represented litigants with court forms and processes.

Light refreshments will be provided.

Please RSVP by November 7 to accesslegalhelp@legalinfo.org

If you are unable to attend but would like to know more about the project please contact accesslegalhelp@legalinfo.org
You can find out more about the project online at www.legalinfo.org/access-legal-help-ns/

Event Date: Thursday, November 13, 2014 - 05:00 to 07:00

Young Lawyers SectionInvites you to a Bench and Bar Social
Thursday, November 13, 20145:00 pm – 7:00 pm 
Art Gallery of Nova ScotiaGallery 5.

Join your colleagues from the Bench and Bar at the AGNS for a Cocktail Social, Hors d’oeuvres and Cash Bar.

 

 

Event Date: Thursday, November 13, 2014 - 08:15 to 11:00

This year, new anti money laundering regulations have come in to force and more regulatory reforms are anticipated soon. Ensure you have the current knowledge and strategies to prevent money laundering, and to defend your clients who may be accused. Get cutting edge updates on the most recent trends, enforcement policies, schemes and penalties as well as best practices for complying with AML regulations directly from:

  • OSFI
  • FINTRAC
  • The Privacy Commissioner of Canada

PROGRAM CHAIR
Lisa Douglas, Baker & McKenzie LLP

PANELISTS
Nicolas W.R. Burbidge, FCIS PAdm., Senior Director, Compliance Division, Office of the Superintendent of Financial Institutions Canada (OSFI)
Carman Baggaley, Senior International Research and Policy Analyst, Legal Services, Policy and Research Office of the Privacy Commissioner of Canada
Gerald Cossette, Director, Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)
Jacqueline D. Shinfield, Partner, Blake, Cassels & Graydon LLP

http://www.cbapd.org/details_en.aspx?id=ON_14BUS1113C

Event Date: Friday, November 14, 2014 (All day)

The Canadian Association of Paralegals (CAP) is proud to invite you to its 2014 Atlantic Conference, which will take place on Friday, November 14, 2014 at the Lord Nelson Hotel in Halifax, Nova Scotia.

Five interesting conferences

  • Private Placement Closings for Public and Private Companies – Andrew Teehan, Cox & Palmer
  • It's not too late: continuing under the Canada Not-for-profit Corporations Act from the Canada Corporations Act Part II – Jonathan Pendrith, McInnes Cooper
  • Real Estate Transactions - Practical Information and Pitfalls – Stephen Campbell, Cox & Palmer
  • Tax Basics for Corporate Paralegals – Sarah Campbell, Patterson Law
  • The impact of social media on privacy: why you need a social media policy – Clarence L. Bennett, Stewart McKelvey

Join us for CAP's Networking lunch, afternoon cocktail and dinner.

For more information, visit our website www.caplegal.ca or contact us at info@caplegal.ca

 

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 

On Friday, November 14, 2014, local amateur musicians will once again take up their rock instruments to battle for the title of "Halifax's Best Band" and raise much-needed money for Nova Scotians with physical disabilities. Close to $200,000 has been raised to date by March of Dimes Canada at this annual rocking event in Halifax. The four previous Rock For Dimes – Halifax events were the biggest Rock for Dimes events across Canada. With the return of a vehicle retrofit initiative and reduced ticket prices, we’re hoping the 9th year will make it the biggest one yet! 

This year's costume-musical theme for the “two stages” event will be Tribute Bands! The bands will take on the challenge of living up to their favourite bands - every era and theme will be covered! The Rock for Dimes Battle of the Bands will take place at the CUNARD CENTRE, on Marginal Road, with lots of parking for everyone. A fantastic venue. 

The bands performing to raise funds for March of Dimes will be: Terminal Road (N.S. Department of Justice), Project 501 (Stewart McKelvey), Red C (McInnes Cooper), The Goldilocks Effect (Burchells LLP), Sophie’s Choice (Stewart McKelvey) and Sound Castle. Most of the members of these bands are lawyers from the HRM legal community, competing as “rock-star-wannabes” for a great charitable cause. Best NS Bar event of the year!

Rock For Dimes – Halifax benefits March of Dimes Canada's Conductive Education (CE) Nova Scotia Program, which helps children and adults in our province.  CE is an innovative program that blends elements of education and rehabilitation to improve the independence, mobility and confidence of children with disabilities, and has proven especially beneficial to children with cerebral palsy, multiple sclerosis and developmental apraxia. March of Dimes Canada is a nationally registered charitable organization providing support services to people with disabilities, their families and caregivers across Canada. In 2010, November 2nd became March of Dimes Conductive Education Awareness Day at Province House in Halifax and resolutions in the House of Assembly recognized the "immense benefit" of Conductive Education in Nova Scotia. 

To purchase tickets ($20 individual / $200 table of 10 or $15 for students) or to make a donation to help your favourite band raise much needed funds go to: www.rockfordimes.ca/halifax or call 1-800-263-3463 ext. 7380. 

Mark your calendars now for Friday, November 14, 2014. Doors open at 7:00 P.M. Tickets will also be available at the door.

Event Date: Thursday, November 13, 2014 - 17:30 to 20:00

Join us for one of the most popular Administrative Law Section events. Ensure you are up-to-date on the latest in judicial review jurisprudence and trends. Hear from Justice David Stratas and Professor Paul Daly, two of Canada's prominent thinkers in the field, as they engage in an informal and frank discussion about how to understand, apply and successfully argue the court's most recent guidance on judicial review. Questions are encouraged at any time, as we're hoping the evening becomes an open dialogue.

Don't miss this must-attend program for anyone interested in Administrative Law. Ensure you stay current and register now!

PROGRAM CHAIRS

  • Carole Prest, Workplace Safety and Insurance Appeals Tribunal
  • Trevor Guy, Barrister and Solicitor

SPEAKERS

  • Justice David Stratas, Federal Court of Appeal
  • Professor Paul Daly, Université de Montréal
Event Date: Friday, November 14, 2014 (All day)

This workshop is offered through Crisis and Trauma Resource Institute Inc. For those who work in an environment where there is potential for violence, it is important to develop the skills needed to defuse dangerous situations. This workshop is designed to teach people to de-escalate potentially violent situations through assertiveness and interpersonal communication.  The training will explore how anger and violence interplay, including opportunities for self-assessment of personal styles.  Participants will develop a clear understanding of how to assess the potential for violence and respond with a diverse set of interpersonal tools and strategies designed to defuse potentially violent situations.

http://www.ctrinstitute.com/node/779

Event Date: Friday, November 14, 2014 (All day)
BRINGING IT HOME:
The Third Annual Professional Development Conference of the Cape Breton Barristers’ Society
 
Friday, November 14, 2014
Membertou Trade & Convention Center
 
Schedule 
  • 8:45 – 9:00  Welcome
  • 9:00 – 10:00  Effective Judical Settlement Conferences, Justice John D. Murphy
  • 10:00 – 10:45  Avoiding Deficiencies in Property Online transactions, Ian MacLean, Auditor
  • 11:00 – 12:00  Human Trafficking, Speaker from the RCMP Human Trafficking Center
  • 12:00 – 1:00  Lunch
  • 12:30 – 1:00  There's No Life Like it!!, Major K. Pentz, Lt(N) C. MacKinnon
  • 1:00 – 2:00  Human Rights, Kim Pate CM
  • 2:00– 3:00  Family Law Panel, Moderator: Justice Kenneth Haley, Panellists: Theresa O'Leary, Candee McCarthy
  • 3:00 – 4:00 Client Competency, Wayne Beaton QC
 
For more details and to register, see the Registration Form.  
 
For more information, contact Kathryn Pentz at 902 563 3530 or pentzke@gov.ns.ca
 
Event Date: Friday, November 14, 2014 - 09:00 to 15:30

Aboriginal rights and interests can be addressed through a variety of fora.  What is the best forum to advance your clients’ Aboriginal claims? Should you commence a court proceeding or start a proceeding through an administrative tribunal?  At this unique program, you will gain a fundamental understanding of the pros and cons of each of these for your fact situation and other options to allow you to confidently pursue your clients’ rights in the most appropriate forum.

Have the opportunity to put to practice what you learn by participating in a small group analysis of a fact scenario.  Determine the best avenue for your fictional client to achieve a favourable outcome and discuss the available options and likely outcomes with your peers. 

PROGRAM CHAIRS

Valerie Phillips, Acting Director and Senior Counsel, Legal Advisory Services, Canadian Human Rights Commission (Ontario Bar Association)
Valerie Richer, Associate Counsel, Assembly of First Nations (Indigenous Bar Association)

AGENDA

To view the full program agenda, please click here.

Event Date: Friday, November 14, 2014 - 12:30

Are you are lawyer?

Are you interested in doing some pro bono work? Access Legal Help NS may be able to help

The Legal Information Society of Nova Scotia (LISNS) is rolling out its Access Legal Help pilot project across Nova Scotia and we are coming to the Antigonish/Port Hawkesbury Region.

The purpose of Access Legal Help NS is to improve access to summary legal advice for Nova Scotians with limited financial means.Access Legal Help NS provides:

1. A central place where Nova Scotians can find out about programs and agencies that provide free legal advice; and        

2. Two-hour legal clinics where the public can get free legal advice through pre-scheduled appointments.

You are invited to a free LUNCH and LEARN to find out more about the project, the new Regional Justice Centre pilot and how they can provide you with pro bono opportunities. May qualify as CPD.

The LUNCH and LEARN is on Friday, November 14, 2014 at 12:30pm at Antigonish Provincial Court, 11 James Street.
A light lunch will be provided. Please RSVP by November 10 to accesslegalhelp@legalinfo.org

If you are unable to attend but would like to know more about the project please contact accesslegalhelp@legalinfo.orgYou can find out more about the project online at http://www.legalinfo.org/access-legal-help-ns/

Event Date: Monday, November 17, 2014 (All day) to Tuesday, November 18, 2014 (All day)

The ABA Section of International Law invites you to attend the “2014 North America Regional Forum: Doing Business within the Region and Collaborating Abroad” Conference on November 17-18, 2014 at the Pan Pacific Vancouver Hotel in Vancouver, BC, Canada.

This one and a half day conference will feature two parallel tracks on best practices for international companies doing business in North America and for North American companies working internationally. 

It will begin with a joint plenary on Cross Border Ethics in the Digital Age and will be followed by a series of panels presented by international legal experts on the latest in key topics such as privacy issues, enforcement of judgments, antitrust and compliance.

This program will also offer a unique forum for international lawyers to explore and expand their networks as well as meet colleagues from all over the world during networking breakfasts, networking breaks, luncheons and reception, which are included with the registration fee. 

Click here to view the full conference brochure including programming and social events. Register before October 17th to save on your registration with Early Bird Rates!

Event Date: Tuesday, November 18, 2014 - 12:00 to 13:00

Speaker: Karen McKendry – Conservation Coordinator for Nova Scotia Nature Trust

Gifting Real Estate
Options for giving of Real Property.

Event Date: Monday, November 17, 2014 - 17:30 to 19:00

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:

  • How do organizations, like law firms or government agencies, assess whether they are properly addressing the needs of their less-visible minorities, such as the LGBT community?
  • Can companies, public institutions or NGOs require disclosure of an employee’s or volunteer’s sexual orientation?
  • What are the privacy interests of people from whom disclosure is requested, and how are these interests impacted?
  • What is the right balance between an individual’s right to keep significant details of their life private and the need to properly identify minorities in order to better serve them?

Join our panel of leading experts from private practice, regulatory bodies, and education institutions to examine and explain some of the challenges and solutions that law firms, public institutions and NGOs face in moving from recognizing the needs of their diverse populations and actually creating workable policies which both address group needs but respect the privacy rights of individuals.

PROGRAM CHAIRS

Ryan Edmonds, Lawyer,Workplace Counsel
Scott Scambler, Associate, Koch Thornton LLP

Event Date: Tuesday, November 18, 2014 (All day)

As the Arthur Wishart Act (Franchise Disclosure), 2000 marks its fourteenth year of regulation of franchising in Ontario, franchisors and franchisees are sharing the challenges of complying with new regulations governing their industries while maintaining their focus on operating profitable businesses.

The OBA Franchise Law section is once again bringing you the very latest developments and emerging trends in this challenging and constantly evolving area of the law presented by a stellar faculty of speakers. Hear about the impact of new and potential regulation on franchising, get tips you can use right away to draft agreements and disclosure documents and learn the very best practices for enforcing non-competes and when to use arbitration to resolve disputes.

Join your colleagues for a full day of learning and networking at this eagerly anticipated and always well attended annual event.

PROGRAM CHAIRS

  • David Shaw, Blake, Cassels & Graydon LLP
  • Pascale Cloutier, Miller Thomson LLP

AGENDA: To view the full program agenda, please click here.

Event Date: Wednesday, November 19, 2014 - 12:00 to 13:00

Speaker: Maurice P. Chiasson, QC, Stewart McKelvey

“Secured Transactions Part 1 – The Refresher”

 

 

Event Date: Wednesday, November 19, 2014 - 12:00 to 13:00

“ADR Mediation System Designs for Regulatory Bodies”

Ronald E. Pizzo, Pink Larkin

Event Date: Thursday, November 20, 2014 - 12:00 to 13:00

“Highlights and Helpful Take-Aways from the 2014 Intellectual Property Institute of Canada’s Annual Professional Development Conference.”

Speakers:

  • Cameron Foster, Stewart McKelvey
  • Matt Gorman, Cox & Palmer
Event Date: Thursday, November 20, 2014 - 02:30 to 05:00

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.

Event Date: Wednesday, November 19, 2014 - 17:30 to 20:30

In the groundbreaking Decision No. 2157/09, a panel of the Workplace Safety and Insurance Appeals Tribunal refused to apply statutory and policy limitations on mental stress entitlement in the Ontario workers’ compensation system. The Panel held that the limitations – which state compensation will only be paid for mental stress injuries that are an acute reaction to a sudden and unexpected traumatic event at work - infringe the equality protections of the Canadian Charter of Rights and Freedoms.Get the full story about the ruling and the implications of Decision No. 2157/09 from an expert panel that includes the counsel who argued the case before the Tribunal. The discussion will include:

  • A breakdown of what you need to know about the panel’s findings in Decision No. 2157/09
  • An analysis of the scope and likely application of Decision No. 2157/09
  • An update about whether the decision is being challenged on judicial review

Register now to get practical advice about what Decision No. 2157/09 means for workers and employers dealing with workplace mental stress injuries and appeals.

PROGRAM CHAIR

  • Maryth Yachnin, IAVGO Community Legal Clinic

SPEAKERS

  • Rob Boswell, Crawford Chondon & Partners LLP - Barrie
  • Sandy Donaldson, Ontario Nurses’ Association
  • Matthew Horner, Ministry of the Attorney General (Constitutional Law Branch)
Event Date: Thursday, November 20, 2014 - 12:00 to 13:00

Speakers:

  • Richard W. Cregan, QC, Barrister & Solicitor
  • Brenda Wood, Trustee with BDO Canada
  • Professor Micheline Gleixner, Universite de Moncton

“Roots of Consumer Insolvency”  

Event Date: Friday, November 21, 2014 - 12:00 to 13:00

“Carriage and Control of Litigation in Subrogated Actions”

Speakers:

  • Leah N. Grimmer, Stewart McKelvey
  • Wendy J. Johnston, QC, McInnes Cooper  
Event Date: Thursday, November 20, 2014 - 17:30 to 20:15

Mediators, arbitrators, collaborative professionals and the counsel appearing before them encounter a myriad of ethical challenges in their ADR practices. Join us for this interactive program to learn how to tackle the complexities.

Engage in an invaluable discussion with fellow ADR professionals, counsel and expert facilitators, in the fields of insurance, commercial, employment, family and elder law. Share key strategies and lessons learned on navigating the tricky ethical issues you encounter. Get clarity on your various professional obligations and other ethical guidelines. Gain practical advice on best practices for approaching the challenging situations, and learn about the essential resources available to assist you.

Don't let ethical issues keep you up at night. Register now!

PROGRAM CHAIRS

  • Michael Cochrane, Brauti Thorning Zibarras LLP
  • Eric Gossin, Stancer, Gossin, Rose LLP

SPEAKERS

  • Richard Krempulec, ADR Chambers
  • Felice Kirsh, Schnurr Kirsh Schnurr Oelbaum Tator LLP
  • Mitchell Rose, Stancer, Gossin, Rose LLP
Event Date: Thursday, November 20, 2014 - 18:00 to 20:00

In partnership with the Writers’ Federation of Nova Scotia, Pamela Callow, author of the Kate Lange thriller series and Julie Sobowale, lawyer/journalist will cover the basics of copyright and contracts and give an insider’s perspective working in the publishing industry.

This talk is part of Mixed Media Monthly: A Speaker Series About Art and the Business of Art. The series is geared towards the artistic community and the general public looking for helpful legal information and a chance to network with other artists.

Here’s a quick look at the other topics in the ALIS speaker series.

  • January 15 - Art and Social Media. Speaker - David Fraser, McInnes Cooper
  • February 27-28 - On the Edge of Now II: Emerging Trends in Entertainment, Digital and IP Law Conference
  • March 19 - Making Money from Your Music (in partnership with Music NS)
  • April 16 - “So…I have this genius idea for a gadget…” Copyright, Trademarks and Patents for Businesses and Innovative Ideas. Speakers - Heather Oke, Department of Justice and Jon Penney, professor at Dalhousie Schulich School of Law
  • May 21 - You and the Courts: A short intro to Self-Advocacy (in partnership with LISNS). Speaker - Julien Matte, Federal Court

Tickets are $10 and $55 for the entire series, excluding the conference.

For more information about the series and the ALIS conference, visit www.nsalis.com.

Event Date: Friday, November 21, 2014 - 12:00 to 13:30

Brains on Trial: Neuroscientific Evidence in Canadian Criminal Cases
Jennifer Chandler
Faculty of Law, University of Ottawa

  • Light lunch set out by noon in the Faculty Lounge (Rm 312)
  • Time is allotted for questions and discussion.
  • No registration required. 
  • No fee.
  • All Welcome!

Series hosted by the Dalhousie Health Law Institute with sponsorship generously provided by the Schulich School of Law and the CIHR Training Program in Health Law, Ethics, and Policy (www.hlep.ca).

Event Date: Friday, November 21, 2014 (All day)

In the end it’s all about compensation. Numbers are everywhere. From future loss calculations and statistics to cost-benefit analysis, and more. Let APTLA sharpen your math skills so you can sharpen your opponent’s pencil with THE NUMBERS GAME, a premiere CLE conference which brings you strategies and techniques from the top experts to improve your performance.

Join us as we reveal the secrets of bringing numbers to life with dazzling presentations at mediation and trial, as well as the critical mistakes negotiators make and how to avoid them. You will learn how to prove loss of business value for the small business owner, and what to do the next time your client declares bankruptcy in the middle of your case. Along the way we’ll update you on the recent decisions that you must be aware of, examine the new Section B protocols in Nova Scotia and more. APTLA, helping you win the NUMBERS GAME.

APTLA'S THE NUMBERS GAME is open to APTLA Members and Non-Members, lawyers and non-lawyers.

Event Date: Saturday, November 22, 2014 - 08:30 to 13:00

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. APTLA is creating a plaintiff-oriented civil trial based program to bring Members and colleagues. We are creating content that is relevant, useful and interesting legal education covering topics required by the Law Societies.

APTLA's SPECIALTY TOPICS IN MCPD will include:

  • Privacy & Data Security: What All Lawyers Need to Know
  • Accessing Information from Other: An Overview of Dosclosure & Access
  • Ethical Challenges in Personal Injury Practice
  • Professionalism & the Elderly Client

** This program represents TWO (2) HOURS of Risk and Practice Management and TWO (2) HOURS of Professionalism MCPD Credits for NS and PEI Lawyers. It is under review by the Law Society of New Brunswick for similar accreditation. We will update you as soon as we receive their determination.**

APTLA'S SPECIALTY TOPICS IN MCPD PROGRAM is open to APTLA Members and Non-Members, lawyers and non-lawyers. 

Event Date: Monday, November 24, 2014 - 12:00 to 13:00

Speaker: Alex Cameron, NS Department of Justice

“Tobacco: Quotas and Licensing Issues in the Aboriginal Context

Event Date: Tuesday, November 25, 2014 - 12:00 to 14:00

Most trusts and estates practitioners are familiar with passing of accounts; however, how do you handle the complicating factors in a difficult case? Deepen your expertise in the passing of accounts with an in-depth exploration of several advanced issues. Gain expert guidance on how to prevent disputes in a complex estate administration, from how to account for unusual assets to key strategies for avoiding objections.  Learn how to tackle your next challenging case with confidence including:

  • Tricky procedural issues in complex applications
  • How to effectively use offers to settle
  • Best practices for conducting a contested passing of accounts

SPEAKERS

  • Susannah Roth, O'Sullivan Estate Lawyers
  • Melanie Yach, Aird & Berlis LLP

CASE OF THE MONTH

  • Lisa Filgiano, Minden Gross LLP

PROGRAM CHAIR

  • Elizabeth Bozek, Schnurr Kirsh Schnurr Oelbaum Tator LLP
Event Date: Tuesday, November 25, 2014 (All day) to Thursday, November 27, 2014 (All day)

Free training on WestlawNext Canada is available on November 25, 26 & 27 at the Barristers’ Library in Halifax.

Library & Information Services licenses WestlawNext Canada, a comprehensive online legal research product, for lawyers’ use in Barristers’ Libraries in Halifax, Kentville and Sydney. 

While continuing to license the same content – CriminalSource, FamilySource, Estates&TrustsSource, and LawSource – these Barristers’ Libraries have made the switch to Carswell’s new platform for this legal research product.   

Please call L&IS at 902 425 2665 or 1 866 219 1202 (toll-free) to book a one-hour session at a time that is convenient for you. You can bring members from your firm; please let us know at the time of booking. 

WestlawNext Canada offers an all-in-one search box and customizable interface, as well as the ability to browse content collections and drill down into commentary sources. 

It offers new functionality in managing your search results with search filters and visual indicators. Results are ranked by relevance and sorted by content type. 

L&IS is pleased to offer training sessions on WestlawNext Canada with Thomson Carswell’s Executive Learning Consultant, Sam MacKenzie.

Event Date: Wednesday, November 26, 2014 - 09:00 to 15:30

Attend this practical, “hands-on” program to gain the fundamental knowledge and strategies you need to draft, review and negotiate commercial agreements. This “how to” program is relevant to lawyers entering any area of commercial or transactional practice who are interested in improving their drafting and negotiating skills. Put the skills you have gained to use immediately by participating in valuable negotiating and drafting exercises and benefit from having your work-product reviewed and critiqued by your peers.Register now to be a part of this interactive program that is an important primer, or refresher, for lawyers involved in negotiating and drafting key commercial agreements!

PROGRAM CHAIR

Suhuyini Abudulai, Cassels Brock & Blackwell LLP

AGENDA

To view the full program agenda, please click here.

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.

In accordance with the NSBS CPD requirements, lawyers are required to complete 12 hours of CPD relevant to their practice of law, annually. This event will offer the following six sessions that you may find beneficial: 

  • “Let’s talk about tax!” with Daren Baxter QC, TEP
  • “Claims & Claims Avoidance” with LIANS’ Melanie McGrath and Stacey Gerrard
  • “Conflicts of Interest” with Stephen McGrath
  • “Technology to streamline your practice” with Tobias Sallewsky of LawyerDoneDeal® and Tim Anningson of Amicus Attorney
  • “Addictions at work: Alcohol, drugs & gaming” with Andria Hill-Lehr of Homewood Human Solutions™
  • “Five keys to activate your life performance” with Two-Time Olympian Karen Furneaux

Online registration available through the NSBS Members Login section: https://imis.nsbs.org/nsbs/NSBSWEB

Early Bird Rate: $200+tax; after October 28th: $250+tax

Free parking available to all early-bird registrants!! Sessions will appeal to lawyers, office managers, paralegals and legal assistants from across Atlantic Canada. Lawyers and staff from all sized firms are welcome.

We look forward to seeing you there!

Event Date: Tuesday, December 2, 2014 - 14:00 to 17:00

Our program on practice management and substantive strategies for the wills and estates practice has been designed to address pertinent practice questions, client management and process concerns for practitioners in this important area of practice.

Event Date: Thursday, December 4, 2014 - 14:00 to 15:30

Whether you are in-house, in private practice, in government or just interested in transportation law, you will readily agree that a broad-based restatement regarding this vast and important area of practice is often of benefit. Thus, you won’t want to miss this opportunity to gain a deeper understanding of different transportation law considerations.

Our pithy format, focused this year on restatements, as well as on transport-related judicial review, has been optimized for the delivery of pertinent information without frills, ensuring you stay up to date without the inordinate expending of time and treasure.

Event Date: Wednesday, November 26, 2014 - 12:30

Issues

Stress, anxiety and depression have a profound impact on Canadian workplaces, contributing to lost productivity, absenteeism and workplace conflict. Despite the prevalence of these mental health issues, they remain misunderstood and highly stigmatized. As a result, many employees do not seek help or accommodation for these conditions. Moreover, employers and unions face unique challenges in accommodating stress, anxiety and depression because these disabilities are episodic (resulting in periods of health and of illness) and invisible (not readily apparent). In this audio conference, Lancaster's panel of experts will discuss ways to recognize and accommodate stress, anxiety and depression as well as proactive measures to improve mental health in the workplace.

Topics to be addressed include:

  • Recognizing and understanding stress, anxiety and depression: What is the difference between stress, anxiety and depression? Are they related to one another? Are stress and anxiety recognized mental disorders? What are telltale signs that an employee is experiencing harmful levels of stress, anxiety or depression? How can an employer distinguish between an employee who is simply unable to handle the normal "stress" of the job and an employee with a disability requiring accommodation? What effect does workplace stress have on an employee with a pre-existing disorder, such as anxiety or depression? What are some common functional limitations of employees who have a disability related to stress, anxiety or depression?
     
  • Preventing mental illness and promoting mental health: Is the failure to address or reduce high levels of stress a breach of the employer's obligation to maintain a safe and healthy workplace? Does workplace stress or anxiety related to job duties constitute a "danger" justifying an employee's refusal to work? How can employers and unions identify workplace factors that may cause or contribute to an employee's stress, anxiety or depression? What measures does the Mental Health Commission of Canada recommend to support and promote mental health in the workplace? What are some examples of workplace policies and practices that reduce stress and anxiety? Is a flex-time policy helpful? How can workplace parties ensure that mental health problems related to stress, anxiety and depression are identified at an early stage? Are employee assistance programs helpful?
     
  • Medical information and evaluation: What information does an employer need to have before the duty to accommodate is triggered? Is a precise diagnosis of a particular mental disability necessary? Is stress in and of itself a disability that must be accommodated? If an employee provides a note from a family doctor saying she or he needs time off due to stress, anxiety or depression, how should an employer respond? Can an employer require information from a specialist? What about an independent medical examination?
     
  • Accommodation: What alterations to job duties should an employer or union consider in order to accommodate an employee with a disability related to stress, anxiety or depression? Must an employer alter performance standards or productivity targets? Must an employer transfer an employee to another position where the source of the employee's unhealthy stress or anxiety is conflict with a supervisor or co-worker? What if the source of stress or anxiety is the employee's job duties? Once accommodations have been implemented, how and when should they be reviewed? Should a formal review be scheduled, or should accommodation be monitored and revised informally? What obligation does a disabled employee have to participate in the accommodation process? How might a disability related to stress, anxiety or depression inhibit an employee's ability to participate in the accommodation process? Does an employee have a duty to make use of assistance offered by an employer, such as counselling services?}
     
  • Discipline and discharge: Must an employer inquire as to whether stress, anxiety or depression is contributing to performance or productivity problems before disciplining an employee? What should an employer do if an employee claims that stress, anxiety or depression contributed to his or her misconduct? Does it matter if the conduct is violent? When is an employer justified in discharging an employee on a prolonged leave of absence due to stress, anxiety or depression? At what point can an employer demonstrate that accommodating an employee's stress, anxiety or depression is causing undue hardship?

http://lancasterhouse.com/audioConferences

Event Date: Wednesday, November 26, 2014 - 12:30 to 14:00

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 Canada v. Atlas Block Co. Limited on trust claims pursuant to s. 8 of the Construction Lien Act(Ontario) in bankruptcy.Register now and join your colleagues for this valuable and highly informative program.

SPEAKERS

Steven Goldberg,  SF Partners  Inc.
Howard Krupat, Davis LLP
David Preger, Dickinson Wright LLP
Bryan Tannenbaum, Collins Barrow Toronto Limited

PROGRAM CHAIRS

Lisa S. Corne, Dickinson Wright LLP
Sandra Astolfo, Torkin Manes LLP

Event Date: Wednesday, December 3, 2014 - 08:30 to 10:00

Understanding the structure, procedural rules and evidentiary requirements of the ERT − including the hurdles in obtaining a stay of regulatory actions − is key to building a successful strategy. Attend this program to hear lessons learned and advocacy tips for appearing before the ERT, from  experienced counsel.

PROGRAM CHAIR

Ian Richler, Gowling Lafleur Henderson LLP

Event Date: Wednesday, December 3, 2014 - 18:30 to 20:00

Once again, we are delighted to announce the return of one of our most popular dinner programs. The Honourable Kenneth CampbellSusan Reid and Frank Addario will discuss, debate and maybe even disagree on the most recent cases from our Court of Appeal and Supreme Court of Canada. This session will provide attendees with an opportunity to ask the panel questions on the cases discussed and how they will work in practice.

Join us for dinner and what has proved to be an entertaining as well as educational evening.

MODERATOR

  • Suhail Akhtar, Assistant Crown Attorney, Ministry of the Attorney General

PANELISTS

  • The Honourable Kenneth Campbell, Ontario Superior Court of Justice
  • Susan Reid, Deputy Director, Ministry of the Attorney General, Crown Law Office - Criminal
  • Frank Addario, The Addario Law Group
Event Date: Thursday, December 4, 2014 - 09:00 to 12:30

Complete all of your Professionalism Hours at this half-day program designed specifically for municipal lawyers. Stay up to date on legal developments, new case law impacting you, and receive practical pointers and strategies for successfully appearing before the Ontario Municipal Board and council. Plus gain ready-to-use techniques for expanding your client base and managing your profile as a lawyer. Register now for this unique program and gain 3 Professionalism Hours that are meaningful to you as a municipal lawyer.

PROGRAM CHAIR

Denise Baker, WeirFoulds LLP

AGENDA

To view full agenda, please click here.

Event Date: Thursday, December 4, 2014 - 12:30

Issues

Attendance management programs are frequently used by employers to address excessive absenteeism, yet such programs must be properly designed and administered to ensure compliance with human rights, employment standards, and privacy legislation, as well as collective agreements. In this session, Lancaster's panel of experts will discuss how to balance an employer's need to ensure attendance at work with employee rights. Issues to be addressed include:

  • Establishing a fair program: What are the elements of a fair attendance management program? How should a program distinguish between culpable and non-culpable absenteeism? How can a program set out expectations in general terms while still providing discretion for individual circumstances to be taken into account? It is permissible to set threshold levels of attendance, beyond which an employee may be monitored and warned for absenteeism? If so, how should threshold levels of attendance be set? What exclusions or exceptions must be built in? Should a program have special provisions for absences related to addiction or other disabilities? If so, what kind of provisions are appropriate? What about absences related to family caregiving needs or religious holy days? What about emergency leave? In what circumstances, if any, are automatic or deemed termination provisions acceptable? What aspects of an attendance management program will arbitrators typically find objectionable? Do incentives for excellent attendance or sanctions for chronic absences discriminate against employees with disabilities?
     
  • Recognizing and accommodating disability-related absences: What role should accommodation of disabilities play in an attendance management program? How can an employer strike a balance between the need to ensure attendance at work and the duty to accommodate employees with disabilities? How can a program that focuses on non-culpable absenteeism provide for "progressively escalating responses" while not being, in essence, punitive? How can an employer recognize when disability is playing a role in an employee's absenteeism if the employee does not disclose his or her disability? What is the nature of an employee's obligation to reveal the need for accommodation? What happens if an employee only becomes aware that disability is a factor in his or her chronic absenteeism post-discharge? Is it disability-based discrimination for an employer to reduce sick leave payments after a specified number of absences in a given period?
     
  • Requesting medical information and respecting privacy: What type of medical information can an employer request where an employee's absenteeism is disability-related? Does it matter if the absence is short-term or long-term? When is an employer entitled to reject medical information from a family doctor and require information from a specialist? Are employers entitled to request periodic assessments from an employee's physician? What about a functional abilities evaluation or an independent medical examination? Are blanket rules about required medical documentation appropriate or should the need for medical information be considered on a case-by-case basis? What should employers and unions do to protect the confidentiality of medical information in their possession?
     
  • Communicating with employees: How should an attendance management program be communicated to employees? What are some ‘best practices' for approaching an employee who is failing to meet attendance standards? What inquiries are essential in attendance management interviews? What is the scope of representation the union may provide at attendance management interviews? When will monitoring or implementation of steps in an attendance management program be considered harassment?
     
  • Last chance agreements and other conditions: What conditions can an employer impose on an employee whose attendance problems stem from a disability? Counselling? Treatment? Abstinence from drugs or alcohol?
     
  • Undue hardship: At what point can an employer demonstrate undue hardship results from accommodating an employee's non-culpable absenteeism? Must an employer request an updated medical opinion regarding likelihood of improved attendance prior to discharging an employee for innocent absenteeism? When will accommodating an employee's drug or alcohol relapses reach the point of undue hardship? When will accommodating a chronic or recurring mental or physical disability result in undue hardship? What constraints are there upon an employer in discharging an employee for non-culpable absenteeism caused by a disability (e.g. notice, benefits, etc.)?

http://lancasterhouse.com/audioConferences

Event Date: Monday, December 8, 2014 (All day) to Tuesday, December 9, 2014 (All day)

Our annual conference, Investing in Aboriginal Canada, is unique in terms of inspiration and offering. Bringing together Aboriginal leaders, businesses, entrepreneurs, researchers, government actors, consultants, negotiators and others, the conference delivers offerings across a broad spectrum, enables networking, and presents a showcase of research findings, services, and best practices. 

Event Date: Monday, December 8, 2014 - 09:00 to 12:30

Do tax issues pop up in your corporate transactions? Are you interested in expanding your understanding of corporate taxation concepts?  Our panel of seasoned professionals will arm you with the most effective tools to address a compliment of tax-related challenges.   

PROGRAM CHAIRS

Chris Markou, Lawrence, Lawrence, Stevenson LLP
Lucinda Main, Beard Winter LLP

AGENDA

To view the full program agenda, please click here.

Event Date: Tuesday, December 9, 2014 (All day)

*Please refer to website for more information.

Event Date: Tuesday, December 9, 2014 (All day)

On Tuesday, December 9th, 2014, RELANS is hosting "RELANS TWENTY FOURTEEN" – our annual Real Property Conference at the Westin Nova Scotia. It is open to RELANS Members and non-Members alike, and also to Real Estate Paralegals and Assistants.

We have some excellent topics lined up for RELANS TWENTY FOURTEEN, including: 

  • Short Snappers: How to Do it Right?
  • HST in Real Property
  • Scr-wed Up Transactions
  • Complaints Investigation Committee: How to Stay Off the List?
  • New Technology Trends for Lawyers

Full details are set out at the RELANS website: www.relans.ca

This program will provide a mix of Substantive Law, Professionalism and Law Office Management hours for Mandatory Continuing Professional Development credits.

Please use this REGISTRATION LINK to secure your place at this conference.

Event Date: Tuesday, December 9, 2014 (All day)

Everyone encounters difficult people on a regular basis and typically conversations with them leave people feeling frustrated, stressed, angry and tired. This workshop will analyze what is happening in those exchanges and demonstrate how people can adapt their strategies to bring about more productive conversations with those they find difficult.  The effect of intervention styles will be explored, in particular, how different styles interact with each other.  Participants will also learn how to change their interactions with difficult people in order to influence their behaviour, resulting in more positive outcomes.

http://www.achievecentre.com/node/1198

Event Date: Tuesday, December 9, 2014 (All day)

*Please refer to website for more information.

Event Date: Wednesday, December 10, 2014 (All day)

One of the most difficult and often overlooked aspects of moving into a supervisory or management position is developing the skills necessary to truly manage people. Like all skills, management skills must be learned. This workshop presents the crucial skills for managing employment relationships from beginning to end, with particular focus placed on hiring and performance management. Both new and existing supervisors/managers will find this workshop useful as they work on developing skills for managing people.

http://www.achievecentre.com/node/1199

Event Date: Wednesday, December 10, 2014 (All day)

(3-day) Due to the high demand for this workshop and its relevance to many workplaces, CTRI  offers a train-the-trainer program for our De-escalating Potentially Violent Situations™ workshop. Training an internal trainer to deliver this workshop both enhances organization know-how and saves costs at the same time.

December 10-12, 2014
Edmonton, AB
Hotel Location: Varscona Hotel on Whyte

Event Date: Wednesday, December 10, 2014 (All day)

Day One - Wednesday, December 10, 2014

View more information on and register for the Labour Arbitration Conference.

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