INFORUM

November 24, 2014 InForum Issue

Society news

In July 2014, Council approved adoption of the Federation of Law Societies of Canada’s National Discipline Standards. These will be effective on January 1, 2015 for the Nova Scotia Barristers’ Society. 

These Standards are creating greater consistency in transparency, processes and timeliness with regard to complaints handling across the country. As we’ve seen in recent media reports from other provinces, significant public concerns remain around transparency and access to this type of information.

The Society has been a leader in compliance with these Standards, and all have been implemented in Nova Scotia for some time, with the exception of Standard #19 regarding online access to the discipline histories of our members. We will be adding this feature to the online Member Directory in early January 2015. 

For purposes of this Standard, ‘discipline history’ refers to any public decision by the Complaints Investigation Committee (CIC) or a Hearing Panel. This does not include staff Letters of Advice, CIC counsels or cautions.

Council has determined that the histories available in the Directory will cover the period from 1993 forward – this is the date when all public discipline decisions from Nova Scotia were posted on CanLII

It is important to note that all historic discipline decisions to be added are already publicly available from the Society, in files at the Prothonotary, or on CanLII. Making this information more easily accessible on the Society’s website is an important step in our commitment to transparency and protection of the public interest. 

A number of Canadian jurisdictions have had this information available to the public through their member directories for some time. Council has determined that in addition to circulating this general notice to the membership, the Society will be writing to each individual member whose online membership record will be amended, in order to confirm the information that will be included on the website.

For more details, visit the National Complaints and Discipline Standards section of the Federation’s website at www.flsc.ca.

In January 2012, Council approved a refocusing of the purpose and direction of Library & Information Services, moving away from a role as a publisher of legal information, as that service is provided by CanLII, the Courts, and various private publishing houses. The duplication of these services was deemed not an effective use of Society resources in alignment with the Society’s Strategic Directions and Priorities. The Society subsequently notified the membership of these changes in InForum and the Society Record.

The process of divesting the Society’s legal publication services has been ongoing since that date. The next phase in this project is ending the production and redistribution of lists of newly released decisions from the Courts of Nova Scotia and the Supreme Court of Canada.

For many years, Society staff in Library & Information Services have prepared a linked list of newly released decisions from the Courts of Nova Scotia for publication in InForum. This list was generated out of the same work to produce the Society’s online database, Law News Online, and print publication, Nova Scotia Law News, which indexed, digested and disseminated newly released decisions of the Courts of Nova Scotia. The print publication was discontinued and online database no longer maintained as of April 2012. 

This linked list does not make use of information-sharing platforms – such as Twitter and RSS feeds – that have since emerged to provide this kind of current awareness. This is especially true of the excellent options available through CanLII, the online product owned by all the law societies in Canada.

Also, it is important to note that ceasing this service aligns with efforts by CanLII and the Courts to block indexing of Nova Scotia court and tribunal decisions by Google.

We are aware that the Courts receive complaints from the public about Nova Scotia court decisions appearing in Google search results. Publishing this linked list of new Nova Scotia decisions in InForum has permitted the circumventing of the Courts and CanLII’s efforts to block Google indexing of decisions. Ceasing the publication of the linked list will eliminate this unintended circumvention.

For these reasons, the Society’s preparation and publication of this list of new decisions ceased with the December 22, 2014 edition of InForum. The Society’s re-publication of new SCC decisions, with subject headings and summaries prepared by the Supreme Court of Canada, also ceased with the December 22, 2014InForum issue.

Tools to customize your current awareness
To subscribe and receive notification of new SCC decisions directly, follow the links to the Mailing List and RSS Feeds on the Supreme Court of Canada Judgments website.

There are several freely available online alternatives available for practitioners to keep current in Nova Scotia case law.

The Courts of Nova Scotia provide Twitter feeds on the Court decisions webpage for decisions newly released from the Court of Appeal, Supreme Court, Provincial Court and Small Claims Court. If you do not have a Twitter account, you can simply click on the Twitter feed to review the decisions released each day.

Alternatively, CanLII provides RSS feeds for all 21 of its databases of Nova Scotia courts and tribunals. Each feed provides the style of cause, citation, date and five subject words describing the case. These subject words, while lacking precision, do assist in assessing relevancy.

For more tips on customizing your own current awareness using Twitter, RSS and email, see Keeping current in the Library services section of the Society’s website.

Please contact Deborah Copeman, Librarian, with any questions or concerns. 

The Fall 2014 edition of the Society Record is now online at http://nsbs.org/society-record. The new issue provides updates on the Society’s current priorities to enhance access to legal services, and transform regulation and governance in the public interest.

See the new edition for much more, including these articles:

  • The President’s View, a column by President Tilly Pillay QC;
  • Understanding access, a recap of the Federation of Law Societies’ annual conference;
  • Here to help: How the private Bar supports Nova Scotia Legal Aid;
  • Preparing for the Storm: Legal innovation in Nova Scotia;
  • Entity Regulation 101; ‘Triple P’ regulation in Nova Scotia;
  • Action on A2J: Initiatives taking root in 2014-15;
  • Legal research: Staying in control, on budget and in the know
  • LIANS RPM Tips: Let’s talk about... RPM;
  • Race and the Law and ‘The Other’;
  • The Joy of Gender: The 12th Annual Pride Reception;
  • The 2014 Distinguished Service Award and Recognition Reception;
  • Repeat offenders and ungovernability;
  • Disclosing confidential information: Risk of death or serious bodily harm;
  • Law school accreditation in historical perspective; and
  • Summation: Reflections from Catherine S. Walker QC on representing Nova Scotia at the national regulatory table.

Visit the Society’s blog, In the Public Interest, for two new articles of interest:

  • Understanding access is a look at the Federation of Law Societies of Canada’s 2014 Annual Conference held in Halifax last month. See how law societies are working to develop practical access to justice strategies while collaborating with their communities. (Posted November 13)
  • Forging connections in Nova Scotia, a look at the Society’s Internationally Trained Lawyers Observership Program. (Posted November 18)

Also stay tuned for an upcoming recap of the Society’s UnCommon Law 5 event, held on November 6 in New Minas, which will be available shortly.

The blog is located in the For the Public section of the Society’s website, at this link: http://nsbs.org/public-interest.

Launched in November 2013, In the Public Interest delves into the Society’s efforts relating to professional responsibility, trust accounts, excellence in governance, access to justice initiatives and liaison work with other organizations in the sector. Through engaging articles and images, we hope to better explain the work we do in regulating the province’s legal profession – and how this work is rooted in the public interest.

If you want to share articles with others, please note the new social media sharing options on the blog posts, web news and event items, and InForum contents. 

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

NSRLP | NOVEMBER 19, 2014
Julie Macfarlane conducted a full day workshop for the Nova Scoria Barrister’s Society on November 12th on how lawyers might work with SRLs, either offering direct services as “legal coaches”, or working opposite a SRL on the other side of a matter. A coaching model would allow lawyers to offer unbundled services to equip SRLs to move forward on their own, perhaps with regular review and assistance from the “lawyer-coach”. NSBS is interested in promoting this model as part of its new A2J mandate, and also as a business opportunity for the growing number of newly called lawyers having difficulty finding work.
 
If your organization is interested in an informative and interactive workshop on coaching SRLs – custom-designed for either lawyers providing coaching in a legal advice model, or non-lawyers offering coaching support to SRLs in other ways, or for both groups – please contact Julie or Sue at representingyourself@gmail.com. (See link above for the rest of the article.) 

Antigonish lawyer suspended
THE CHRONICLE HERALD
Published November 19, 2014

B.C. may revoke consent for Christian law school
Advanced Education Minister says legal challenges will make it unlikely that school will enroll students by proposed start date
ANDREA WOO, VANCOUVER
The Globe and Mail | Wednesday, Nov. 19 2014

TWU statement regarding Ministry of Advanced Education Letter
TWU.ca | November 19, 2014

Separation of Church and Law?
Juris Diction, Queen's Law Newspaper | November 19, 2014
by Sarah Spitz

Allnovascotia.com (subscription only)

  • Rollback The Prices: Walmart Wills Are Coming (Nov. 21)
  • Antigonish Lawyer Gets Two-Month Suspension (Nov. 18)  
Council
For details about matters discussed at Council's meeting on Friday, November 14, please see the Council Highlights and Documents, available on the Council materials page of the Society's website: http://nsbs.org/council-materials. 
 
The next regular meeting of Council is scheduled for Friday, January 23, 2014 at the Society’s offices at 9:00 am. 
Regulation

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 member has changed to the Practising Lawyer category:

  • Sarah Martina McGrath White

The following member has resigned: 

  • Clara Elizabeth Gray
Professional development

ADMINISTRATION OF JUSTICE

  • UNSETTLED LEGACY: THIRTY YEARS OF CRIMINAL JUSTICE UNDER THE CHARTER / Berger, Benjamin L; Stribopoulos, James – Markham, Ont. LexisNexis Canada, 2012. [KB 94 B496 2012]
  • WRONGFUL CONVICTION IN CANADIAN LAW / Botting, Gary – Markham, Ont. LexisNexis Canada, 2010. [KB 92 B751 2010]

ANTITRUST LAW

  • COMPETITION AND ANTITRUST LAW: CANADA AND THE UNITED STATES / Facey, Brian A; Assaf, Dany H – 4th ed. – Markham, Ont. LexisNexis Canada, 2014. [KB 41 F137 2014]

CONSTRUCTION CONTRACTS

  • HEINTZMAN AND GOLDSMITH ON CANADIAN BUILDING CONTRACTS / Heintzman, Thomas G; Goldsmith, Immanuel – 5th ed. – Toronto: Carswell Thomson Reuters, 2014. [KB 134 .B5 G624 2014]

CONTRIBUTORY NEGLIGENCE

  • CONTRIBUTORY FAULT: THE TORTFEASORS AND CONTRIBUTORY NEGLIGENCE ACT / Manitoba. Law Reform Commission – Winnipeg, Man. The Commission, 2013. [KB 181 M266C 2013]

CUSTOMS

  • CANADA'S LAWS ON IMPORT AND EXPORT : AN OVERVIEW / Prabhu, Mohan – Toronto: Irwin Law, 2014. [KB 81 P895C 2014]

EVIDENCE

  • 24(2) : EXCLUSION OF EVIDENCE UNDER THE CHARTER / Kaschuk, Nick – Markham, Ont. LexisNexis Canada, 2014. [KB 192 K19 2014]
  • NOVA SCOTIA LITIGATOR'S POCKET GUIDE TO EVIDENCE / Morton, James C – Markham, Ont. LexisNexis Canada, 2010. [KB 192 M889 2010]

INTELLECTUAL PROPERTY

  • INTELLECTUAL PROPERTY FOR THE 21ST CENTURY: INTERDISCIPLINARY APPROACHES / Doagoo, B Courtney; Goudreau, Mistrale; Saginur, Madelaine; Scassa, Teresa – Toronto: Irwin Law, 2014. [KB 159 D631 2014]

INTERPRETATION AND CONSTRUCTION

  • SULLIVAN ON THE CONSTRUCTION OF STATUTES / Sullivan, Ruth – 6th ed. – Markham, Ont. LexisNexis Canada, 2014. [KB 28 D779 2014]

JUDGMENTS

  • ENFORCEMENT OF CIVIL JUDGMENTS : FINAL REPORT / Nova Scotia. Law Reform Commission – Halifax, N.S. The Commission, 2014. [KB 199 .J85 N935F 2014]

LABOUR LAW

  • CROSS-CANADA GUIDE TO HUMAN RIGHTS LAW IN EMPLOYMENT / Canadian Association of Counsel to Employers – 2014 ed. – Toronto: Carswell Thomson Reuters, 2014. [KB 60 C212C 2014]

OCCUPATIONAL HEALTH AND SAFETY

  • WORKPLACE HEALTH AND SAFETY CRIMES / Keith, Norm – 3d ed. – Markham, Ont. LexisNexis Canada, 2014. [KB 60 K28W 2014]

RELIGIOUS FREEDOM

  • FREEDOM OF CONSCIENCE AND RELIGION / Moon, Richard – Toronto: Irwin Law, 2014. [KB 24.C65 M818 2014]

SECURITIES

  • CANADIAN SECURITIES REGULATION / Johnston, David; Rockwell, Kathleen Doyle; Ford, Cristie – 5th ed. – Markham, Ont. LexisNexis Canada, 2014. [KB 65 J73 2014]

WestlawNext Canada a maintenant une interface utilisateur en français

WestlawNext Canada a maintenant une interface utilisateur en français pour permettre aux personnes qui effectuent des recherches de travailler en français.

Cliquez simplement sur le lien dans le pied de page de chaque écran pour passer de l’anglais au français. L’interface utilisateur en français s’étend au-delà des pages de connexion et d’accueil avec les pages de recherche de contenu, l’affichage des listes de résultats, la transmission des documents et les outils concernant les dossiers, et apporte une plus grande profondeur au service.

New! French user interface in WestlawNext Canada

WestlawNext Canada now has a French user interface, enabling researchers to navigate the service in French.

See the language selection option as a preference setting, circled in the screenshot below:

The French user interface has been extended beyond the sign on and home pages to the content search pages, results list displays, document delivery and to a greater depth within the service.

The Society licenses WestlawNext Canada for use by lawyers on the library user computers in the barristers’ libraries in Halifax, Kentville and Sydney. 

Contact Library & Information Services to learn more and to book a one-hour training session on WestlawNext Canada offered at the Halifax Barristers' Library on November 25, 26 & 27.

Access to Justice

Bilingual Accès Justice Access centre now open in Halifax

The Association des juristes d’expression française de la Nouvelle-Écosse (AJEFNE) introduced the legal community to the future home of Nova Scotia’s first bilingual access to justice hub, the Accès Justice Access centre.

Above: Society President Tilly Pillay QC; New Glasgow lawyer Eric Atkinson; the Hon. Pamela S. Williams, Chief Judge of the Provincial & Family Courts; and Cheticamp lawyer Réjean Aucoin QC, President of the AJEFNE    

The new centre is located at 1663 Brunswick Street, across from the Halifax Citadel. The AJEFNE unveiled the new facility on Friday, November 21 in conjunction with its annual meeting and 20th anniversary celebrations. Accès Justice Access is now open to the public, and offers personal and confidential services by telephone, email and in person, in both official languages. Office hours are 8:30 am to 4:30 pm, Monday to Friday. Free consultation with a lawyer will be available by appointment. (Please note, the office is closed for the holidays, reopening January 2, 2015.)

"Access to justice is a fundamental principle that we all cherish," explains Réjean Aucoin QC, President of the AJEFNE. "With Accèss Justice Access, we will now be able to provide this service to the Acadian and Francophone communities of Nova Scotia, as well as the general public.”
 
The four-year pilot project will allow the AJEFNE to respond to the legal needs of citizens by creating a venue where they can access free legal information, support and referrals to appropriate resources. The centre will have a director, a coordinator and a full-time lawyer on staff.  
 
The mission statement: Provide a one-stop access to free legal information services to the population of Nova Scotia, particularly to Francophones, while taking into consideration that each individual has the capacity to take charge of their situation and to make choices that are in their own best interest. 

President Tilly Pillay QC, who brought greetings on behalf of the Society, said: “There are many access to justice initiatives underway across the province right now. This one is unique because it provides a service for a particular sector of our population, which has been underserved in the past. This new centre will help fill that gap.”  

The success of similar access to justice centres in other Canadian provinces prompted the AJEFNE to evaluate the different models being used before establishing its own center here in Nova Scotia, said Aucoin.

"Studies have shown that such centers in Québec and British Columbia have contributed to a reduction of time spent by court staff, judges, sheriffs, etc in helping self-represented persons navigate the Court system," he said.

Accèss Justice Access offers the following services: 

  • legal information to clients, allowing them to understand the reality of the judicial system and helping them to identify their particular needs;
  • orientation of clients to services appropriate for their needs, and referral to other available resources;
  • assistance in filling out legal documents;
  • a library providing information in the field of law;
  • work station equipped with computer, telephone, fax and printer;
  • continuing education and training for the legal community; and
  • informational workshops and reference materials.  

Justice Canada provided a grant of more than $1 million toward the four-year pilot. Within that timeframe, the AJEFNE is expected to seek partners starting in the first year so it will become self-sufficient by the fifth year. The Legal Information Society of Nova Scotia (LISNS) is an obvious place to start, said Aucoin: "We have had ongoing discussions with (them) and hope that our center can add to their services to better serve public. We expect to continue our discussions and sign a partnership agreement in the near future." 

The Legal Information Society of Nova Scotia very much looks forward to collaborating with the new centre, said Heather de Berdt Romilly, Executive Director of LISNS.

“We see this as an opportunity to take access to justice to a new level in Nova Scotia,” she said.

The new centre’s walk-in service will complement LISNS’ Legal Information Line and existing web resources; the two organizations can also explore partnerships on many projects such as pro bono legal clinics and public information sessions. It will all add up to improving public navigation of legal options in Nova Scotia, and will serve a broader range of legal information needs, she said.

The Hon. Michael MacDonald, Chief Justice of Nova Scotia, provided remarks at the reception, while the Hon. Pamela Williams, Chief Judge of the Provincial Court, was guest speaker at a banquet that followed, delivering her remarks exclusively in French.

For more details about the new centre, see http://www.ajefne.ns.ca/communiques.cfm.

Accès Justice Access / AJEFNE
663 rue Brunswick / 1663 Brunswick Street
Halifax (N-É) / Halifax NS  B3J 3Z6
Telephone/ FAX: 902-433-2085
TOLL FREE: 1-844-250-8471
Email: information@ajefne.ns.ca information@ajefne.ns.ca

The CBA Legal Futures Initiative has launched Do Law Differently, a space for celebrating and encouraging innovation in the Canadian legal profession.

Prompted by the 2014 release of the report Futures: Transforming the Delivery of Legal Services in Canada, Do Law Differently highlights people who are bringing the future of law into the present. Watch interviews with eight lawyers who are changing the way we think about all aspects of the legal profession, from education to entrepreneurship and everything in between.

Find the new website at www.dolawdifferently.com.

Halifax lawyer featured on site

One of the lawyers who is featured on the new site is Naiomi Metallic, a member of the NSBS Council and current chair of the Society’s Racial Equity Committee. Naiomi has a significant Aboriginal law practice, and also works in human and constitutional rights, employment law and other areas of civil litigation with Burchells LLP.

See her profile as a legal innovator on Do Law Differently, and watch the video for her thoughts on the importance of diversity in the legal profession.  

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! 

We often talk about the importance of documenting your files, starting with engagement letters. But what do you do if you are not retained to represent a client?

Imagine a scenario where a potential client speaks to you about possibly pursuing a claim for injuries sustained in a motor vehicle accident. During the discussion, you realize that you are in a conflict and express this to the potential client. You go your separate ways without giving it a second thought until they contact you to get an update and the date by which to file the claim has long since passed.

Claims can be filed against lawyers by individuals that the lawyers never considered to be clients. Non-engagement (or declination) letters communicate to non-clients that you are unable to represent them, and may go so far as to caution them of an upcoming filing deadline and suggest other possible lawyers who can assist them with their legal issue.

Lastly, it is important to document these letters should a potential claim arise.

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.

Confirmed email scam attempts purportedly from "Ryan Robert” have been circulating – one of the reported examples is below:

From: Robert R Ryan [mailto: jimmyng @ totalability.com.my]
Sent: Sunday, November 16, 2014 08:27 AM
Subject: Sale Transaction

Dear Attorney

I want to inquire if your firm handles Purchase transactions and agreements. A referral will be helpful if this is not your area of practice and also provide me with your contact number and time of availability on ryanrobert @ qpdrilling.com so we can discuss sometime this week.

Regards,

Ryan R Robert

Although details in the email may vary slightly, the scam process is consistent with commonly seen fraud attempts. Any communication from these individuals may be simply dismissed.

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.

We are continuously exposed to messages about the need to keep our bodies fit and in shape. But what about our minds? What do they need to be healthy? The following tips offer suggestions for keeping our minds sharp, flexible, quick and capable:

Mental exercise

Exercising your mind supports you in retaining and promoting mental capacity while also delaying and possibly preventing the onset of dementia.

  1. Use your brain. Stretch your mind – solve problems by thinking your way through to a solution. Exercise your brain by avoiding the use of a calculator for simple arithmetic, by solving brainteasers and logic problems or completing jigsaw puzzles.
  2. Read. Stimulate your mind through reading. Read anything ... books, magazines or posters on the sides of lamp posts. Reading promotes education and self-improvement. It also promotes relaxation and provides a way to escape everyday worries.
  3. Movies. Watch a thought-provoking movie that leaves your brain pondering over the plot or characters days after you saw it.
  4. Switch hands. Try using your less dominant hand for simple tasks like eating or writing. Changing hands really stimulates the brain.
  5. Learn. Be curious about the world around you. Look up words that are unfamiliar to you. Explore an art gallery. Learn how to play an instrument or read music. Study a foreign language.

Physical exercise

Exercise has countless benefits for both body and mind, by increasing blood-flow and oxygenating the brain.

  1. Yoga. Yoga is believed to calm the nervous system and balance the mind, body and spirit. Among other conditions, the practice of yoga has been found to lower blood pressure, reduce stress, and improve coordination, flexibility, concentration, sleep and digestion.
  2. Dance. Take dancing lessons. Learn to tango or do the latest line dance as a fun way to get moving. Dancing makes your heart pump faster and promotes creative self-expression.
  3. Tennis. The mental and physical stimulation of this sport will keep your mind in top form.
  4. Breathing. Not only does deep breathing serve as a form of relaxation, it also oxygenates the blood, which promotes optimal brain health. Try getting into a routine of taking 20 deep breaths both morning and night.
  5. Massage. Get a massage and enjoy the tactile sensation of a professional working out the stress and tension in your muscles. Massage therapists often use essential oils in their massage oil, so you also have the added benefit of a pleasing scent.

Nutrition

There is a strong connection between the food you eat and how your brain performs. These nutritional tips will provide you with delicious and brain-healthy ways to eat.

  1. Antioxidants. Eating foods that are high in antioxidants helps to improve focus, problem solving and memory. Foods with antioxidant properties include berries, broccoli, red grapes, garlic, spinach, green tea and soy.
  2. Fish. Also known as 'the ultimate brain food', fish is rich in omega-3 fatty acids. Eating fish a few times a week promotes good overall mind/body health.
  3. Organic. Eating organic foods significantly reduces the toxins that enter your body. Your brain and general health benefit greatly with fewer toxins to process out of your system.
  4. Raw. Raw food may appear to be one of the latest Hollywood health trends, but in fact it ensures that your food maintains its nutritional properties. Cooked and steamed vegetables often lose their nutritional value, which for some people, counters the purpose of eating these foods in the first place.
  5. Breakfast. It may be known as the most important meal of the day, but it is now considered the best meal for your brain, too.

Foods to be consumed in moderate amounts or not at all

Some things are just better left out of your body or only introduced in small doses. Find out what you should limit or eliminate to help keep your mind in good health.

  1. Heavily processed food. For convenience, most of us are eating out of boxes, packages and cans – but processed foods contain preservatives, artificial ingredients and high fat content, which can harm your body and mind. Replace “convenient” foods with fresh, homemade meals.
  2. White sugar. Refined "table" sugar creates strong fluctuations in blood-sugar levels, which results in a whole host of health problems, including cardiovascular and cholesterol issues. Substitute refined sugar with a more natural sweetener such as honey or cane sugar but avoid corn syrup as this may be worse for you than sugar.
  3. Hydrogenated oils. You may be aware of campaigns taking place to reduce our intake of 'trans fats'. These fats are found in our kitchens in the form of hydrogenated oils. The oils found in margarine and other processed foods hold a direct link to higher cholesterol, which in turn leads to less blood flow to the brain.
  4. Alcohol. Keep alcoholic beverages to a minimum – one or two drinks a day at the most. Heavier drinking is directly linked to memory loss as well as other physical consequences.
  5. Caffeine. Although some studies indicate that a little caffeine may be beneficial to your brain, try to limit your daily intake to 400 mg or 1 - 2 cups of coffee or tea. Also be aware of the presence of caffeine in chocolate, energy drinks and some prescription medications. Caffeine affects muscle, cardiovascular and mood functioning.

For more information and support in mental fitness, 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

Effective December 1 and running through Phase 5 of the HVAC Project in The Law Courts, the Society will allow exclusive occupation of the Barristers’ Meeting Room in the lounge on the first floor to the Public Prosecution Service. This is necessary to accommodate the requirements of the PPS during this very challenging process.

We apologize for any inconvenience this causes. The remainder of the Barristers’ Lounge and gowning rooms will remain available to all lawyers.

The Society provides Wi-Fi and a telephone for lawyers’ use in the Barristers’ Lounge, as well as seating areas and work spaces (table and chairs).

The Hon. Justice Doug Campbell of the Nova Scotia Supreme Court Family Division has published three instalments so far of his Family Law Practice Tips for family law practitioners.

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

A new video for the public is available on the Courts of Nova Scotia website; it will be a useful resource to share with your clients. It is intended to help people understand what happens when the Child Protection Agency becomes involved in their family’s life. Titled “Child Protection, The Court, And Your Family,” it is also accompanied by a booklet. 

The video was produced with the collaboration of the Nova Scotia Supreme Court Family Division, Executive Office of the Nova Scotia Judiciary, Nova Scotia Legal Aid, Nova Scotia Department of Community Services, and the Nova Scotia Department of Justice. While financially supported by The Law Foundation of Ontario, the views expressed in this video production do not necessarily reflect the views of The Foundation.

The video can be viewed on the Courts of Nova Scotia website in two languages:

Read or print accompanying BOOKLET >>

The video is divided into seven short chapters, which can be played by clicking on the chapter title in the playlist below the viewing screen. To help people better understand the court process, the chapters are presented in the same order that things will happen in real time.

This video is for adults.

It is not recommended that your clients watch the video with their children. It is recommended that people do watch the video with their lawyer, a social worker or a support person, so they can ask questions as they move through each stage of the child protection proceedings.

CIRCULAR NO. 005/2014 – November 3, 2014

Summer Recess

The Federal Court will have a reduced schedule for both general and special sittings from July 27 to August 7, 2015. 

General Sittings 

A separate notice of general sitting dates and locations will be released pursuant to Rule 34. See General Sittings at: http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Motions_Hearings 

Special Sittings 

Urgent matters may be scheduled, where necessary, on request to the Judicial Administrator pursuant to Rule 35(2). 

The Hon. Paul S. Crampton
Chief Justice of the Federal Court

See the original notice, posted on November 3 on the Federal Court website. 

Please note: The Society’s preparation and publication of this list of new decisions will cease with the InForum issue on December 22, 2014.

We urge all lawyers to establish their own current awareness regime. For tips on customizing your own current awareness using Twitter, RSS and email, see Keeping current.

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.

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ARBITRATION (LABOUR) Morris v. Mariana Cowan Real Estate Ltd., S.C.C.H. No. 422677, Knudsen, Adjudicator, September 15, 2014. 2014 NSSM 56

BANKRUPTCY Canada (National Revenue) v. Harris, Hfx. No. 362262, Boudreau, J., November 20, 2014; July 11, 2014 (orally). 2014 NSSC 417

CONTRACTS Hynes v. Smardon, S.C.C.H. No. 430086, Parker, Adjudicator, November 4, 2014. 2014 NSSM 53

CONTRACTS Homeland Builders Inc. v. Halifax County Condominium #163, S.C.C.H. No. 430794, Knudsen, Adjudicator, October 27, 2014. 2014 NSSM 54

CONTRACTS Pike v. Simms, S.C.C.H. No. 426059, Knudsen, Adjudicator, November 3, 2014. 2014 NSSM 55

CRIMINAL LAW R. v. Caverley, No. 2569826; 2569827; 2569843; 2570079; 2570080; 2570077, Atwood, J.P.C., November 14, 2014. 2014 NSPC 93

CRIMINAL LAW R. v. Hales, Hfx. No. 417950, Duncan, J., November 17, 2014; November 7, 2014 (orally). 2014 NSSC 408

DAMAGES Oasis Pub & Eatery Dining Room Inc. v. Van Berkel, Hfx. No. 431041A, Coady, J., November 12, 2014. 2014 NSSC 401

FAMILY LAW W. (M.) v. Nova Scotia (Community Services), C.A. No. 426855, Bourgeois, J.A., November 18, 2014. 2014 NSCA 103

FAMILY LAW Hayden v. Stone, No. 1201-067529; S.F.H.D. No. 089076, MacDonald, B. J., October 24, 2014. 2014 NSSC 386

FAMILY LAW N. (R.) v. M. (L.), S.F.H.M.C.A. No. 080263, Jollimore, J., November 7, 2014. 2014 NSSC 396

FAMILY LAW Penney v. Tufts, S.F.H.M.C.A. No. 070941, Lynch, J., November 18, 2014; October 31, 2014 (orally). 2014 NSSC 411

INJUNCTIONS Keltic Transportation Inc. v. David Montgomery, Hfx. No. 429987, Hood, J., November 14, 2014; October 16, 2014 (orally). 2014 NSSC 407

MAINTENANCE Devereaux v. Taylor, SYD. No. 089233; No. 1208-003322, Coady, J., November 10, 2014. 2014 NSSC 397

MORTGAGES Jaskolka v. Penney, Hfx. No. 425042, Hood, J., November 12, 2014; November 5, 2014 (orally). 2014 NSSC 400

NEGLIGENCE Lownds v. Sperker, Hfx. No. 300344, MacAdam, J., November 14, 2014. 2014 NSSC 404

NEGLIGENCE Lownds v. Sperker, Hfx. No. 300344, MacAdam, J., November 14, 2014. 2014 NSSC 405

PRACTICE Trinity Western University v. Nova Scotia Barristers’ Society, Hfx. No. 427840, Campbell, J., November 12, 2014. 2014 NSSC 395

PRACTICE Saint Vincent’s Nursing Home v. Fullerton, Hfx. No. 428831, Boudreau, J., November 20, 2014; September 16, 2014 (orally). 2014 NSSC 415

Please note: The Society’s re-publication of this list of new SCC decisions will cease with the InForum issue on December 22, 2014.

To subscribe and receive notification of new SCC decisions directly, follow the links to the Mailing List and RSS Feeds on the Supreme Court of Canada Judgments website.

For tips on customizing your own current awareness using Twitter, RSS and email, see Keeping current.

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.

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November 20, 2014

R. v. Wills 
Neutral Citation: 2014 SCC 73 (CanLII)
File No.: 35804.
2014: November 20.

Present: Rothstein, Marshall; 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 C54968, 2014 ONCA 178, dated March 7, 2014, was heard on November 14, 2014, and the Court on November 20, 2014, delivered the following judgment:

ROTHSTEIN J. — The majority of the Court is of the view that the appeal should be dismissed for the reasons of Doherty J.A. in the Court of Appeal. Justices Cromwell and Karakatsanis, dissenting, would have allowed the appeal for the reasons of Pepall J.A.

J.S.C.C. 

 

November 14, 2014

Wakeling v. United States of America 
Neutral Citation: 2014 SCC 72 (CanLII)
File No.: 35072.
2014: April 22; 2014: November 14.

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

On Appeal from the Court of Appeal for British Columbia

Constitutional law — Charter of Rights — Search and seizure — Fundamental justice — Interception of communications — Exemption from offence of disclosing intercepted private communication without consent — Provision of Criminal Code exempting disclosure of lawfully intercepted private communication to person or authority with responsibility in a foreign state for investigation or prosecution of offences if disclosure is intended to be in the interests of the administration of justice in Canada or elsewhere — Whether provision unjustifiably infringes s. 7 or 8 of Canadian Charter of Rights and Freedoms — Criminal Code, R.S.C. 1985, c. C46 , s. 193(2) (e).

Criminal Law — Interception of communications — Disclosure of information — Exemption from offence — Whether exemption provision which authorizes sharing of lawfully obtained wiretap information between Canadian and foreign law enforcement agencies is constitutional — Canadian Charter of Rights and Freedoms , ss. 7 ,8 — Criminal Code, R.S.C. 1985, c. C46 , s. 193(2) (e).

The RCMP lawfully intercepted private communications between W and others that revealed a plot to transport drugs into the United States of America. The wiretap information was disclosed to U.S. authorities, who used it to seize a large quantity of ecstasy pills at a border crossing. The U.S. requested W’s extradition. At the extradition hearing, W submitted that legislation authorizing the disclosure violates ss. 7  and 8 of the Canadian Charter of Rights and Freedoms, and the intercepted communications should not be admitted as evidence. The extradition judge rejected W’s arguments and issued a committal order. The Court of Appeal dismissed the appeal.

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

 

November 13, 2014

Bhasin v. Hrynew 
Neutral Citation: 2014 SCC 71 (CanLII)
File No.: 35380.
2014: February 12; 2014: November 13.

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

On Appeal from the Court of Appeal for Alberta

Contracts — Breach — Performance — Nonrenewal provision — Duty of good faith — Duty of honest performance — Agreement governing relationship between company and retail dealer providing for automatic contract renewal at end of threeyear term unless parties giving six months’ written notice to contrary — Company deciding not to renew dealership agreement — Retail dealer lost value of business and majority of sales agents solicited by competitor agency — Retail dealer suing company and competitor agency — Whether common law requiring new general duty of honesty in contractual performance — Whether company breaching that duty.

Damages — Quantum — Contracts — Breach — Performance — Nonrenewal provision — Duty of good faith — Duty of honest performance — Agreement governing relationship between company and retail dealer providing for automatic contract renewal at end of three-year term unless parties giving six months’ written notice to contrary — Company deciding not to renew dealership agreement — Retail dealer lost value of business and majority of sales agents solicited by competitor agency — Retail dealer suing company and competitor agency — What is appropriate measure of damages.

C markets education savings plans to investors through retail dealers, known as enrollment directors, such as B. An enrollment director’s agreement that took effect in 1998 governed the relationship between C and B. The term of the contract was three years. The applicable provision provided that the contract would automatically renew at the end of the three year term unless one of the parties gave six months’ written notice to the contrary.

H was another enrollment director and was a competitor of B. H wanted to capture B’s lucrative niche market and previously approached B to propose a merger of their agencies on numerous occasions. He also actively encouraged C to force the merger. B had refused to participate in such a merger. C appointed H as the provincial trading officer (“PTO”) to review its enrollment directors for compliance with securities laws after the Alberta Securities Commission raised concerns about compliance issues among C’s enrollment directors. The role required H to conduct audits of C’s enrollment directors. B objected to having H, a competitor, review his confidential business records.

During C’s discussions with the Commission about compliance, it was clear that C was considering a restructuring of its agencies in Alberta that involved B. In June 2000, C outlined its plans to the Commission and they included B working for H’s agency. None of this was known by B. C repeatedly misled B by telling him that H, as PTO, was under an obligation to treat the information confidentially. It also responded equivocally when B asked in August 2000 whether the merger was a “done deal”. When B continued to refuse to allow H to audit his records, C threatened to terminate the 1998 Agreement and in May 2001 gave notice of non‑renewal under the Agreement. At the expiry of the contract term, B lost the value in his business in his assembled workforce. The majority of his sales agents were successfully solicited by H’s agency.

B sued C and H. The trial judge found C was in breach of the implied term of good faith, H had intentionally induced breach of contract, and both C and H were liable for civil conspiracy. The Court of Appeal allowed the appeal and dismissed B’s lawsuit.

Held: The appeal with respect to C should be allowed and the appeal with respect to H dismissed. The trial judge’s assessment of damages should be varied to $87,000 plus interest.

 

November 14, 2014

British Columbia Teachers' Federation v. British Columbia Public School Employers' Association 
Neutral Citation: 2014 SCC 70 (CanLII)
File No.: 35623
2014: November 14

Present: McLachlin, Beverley; Abella, Rosalie Silberman; Rothstein, Marshall; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard

On Appeal from the Court of Appeal for British Columbia.

The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040450, 2013 BCCA 405, dated September 20, 2013, was heard on November 12, 2014, and the Court on that day delivered the following judgment orally:

Karakatsanis J. — The Court of Appeal erred in failing to give deference to the Arbitrator’s interpretation of the collective agreement and in failing to recognize the different purposes of pregnancy benefits and parental benefits. The Arbitrator was entitled to reach the conclusions that he did and we see no reason to interfere with the remedy. The appeal is allowed with costs and the Arbitrator’s award is restored.

J.S.C.C.

 

Province

The Department of Labour and Advanced Education continues its consultation process for Phase 2 of the Workplace Health and Safety Regulations. Complete details are posted on the OHS page. Please note, the original December 19, 2014 deadline for comments/submissions has been extended to February 27, 2015.

As you may be aware, we are currently in phase two of a three-year consolidation and amendment of the regulations under the authority of the Occupational Health and Safety Act, which will form the Workplace Health and Safety Regulations (the "WHSRs"). The WHSRs are meant to be more user-friendly, ensure consistency with national standards, and improve workplace health and safety. 

Throughout this process, we are committed to consulting with you, learning from you and working with you to ensure we have the most effective and achievable regulations for Nova Scotia's workers and workplaces. Regulations are meant to improve workplace safety for our province's workers. Phase two of the WHSRs focuses on:
 
  • Occupational Health;
  • First Aid; 
  • Sanitation and Accommodation;
  • Personal Protective Equipment; 
  • Excavation and Trenching; 
  • Blasting Safety; 
  • Confined Spaces;
  • Surface Mine Workings; 
  • Occupational Diving; and
  • Committees and Representatives. 
In order to provide optimal opportunity for your feedback, the consultation steps in phase two will include:
 
  • Discussion workshops (completed in November and early December 2014);
  • Targeted focus groups (December 2014)
  • "What We've heard" workshops (January and February 2015). 
Please advise us of your interest in participating in a workshop on "What We've Heard" by January 2, 2015. To do so, please email LAEPOLICY@novascotia.ca or phone Meagan Mahoney at 902 424 3322. Individuals and/or organizations that have expressed interest will be advised by email of the dates, times and locations of the workshops. 
 
Please see our website at http://novascotia.ca/lae/healthandsafety/ for more information on the consultation and how to provide us with feedback. 
 
Thank you, 
Duff Montgomerie, Deputy Minister 
Department of Labour and Advanced Education  

 

Bold change is recommended in Charting a Path for Growth: Nova Scotia Tax and Regulatory Review.

The report, written by Laurel Broten, was released Nov. 19 and makes 22 recommendations about taxes, and 20 more for regulations, fees and related areas. It is the first comprehensive assessment of Nova Scotia's tax and regulatory system.

"The Nova Scotia Commission on Building Our New Economy told us why change is needed in Nova Scotia, and this report lays out how we can get there," said Ms. Broten. "But Nova Scotians have to be willing to accept the fact that tough action is required today, to achieve financial stability and economic opportunity tomorrow."

Economists, academics, business groups, thought-leaders and government departments, throughout the province and beyond, were consulted. The final report uses extensive research of current and past practices in Canada and elsewhere.

The full report and related materials are available at www.novascotia.ca/finance.

Online submissions about the tax review and Budget 2015-16 can be made to budget@novascotia.ca .

"I asked Ms. Broten to undertake a comprehensive tax review because I am committed to a fairer, more-balanced tax system and one that supports economic growth," said Finance and Treasury Board Minister Diana Whalen. "I want to thank her for the review. The next step is a full discussion about how best to make the necessary changes to strengthen Nova Scotia's future. I will outline the first steps in a long-term plan in Budget 2015-16."

Ms. Whalen said she wants feedback from Nova Scotians on the review and they can do that online and during upcoming budget consultations.

The economic and demographic issues outlined by the Nova Scotia Commission on Building Our New Economy are at the centre of the report.

"In light of the stark reality the commission outlined, Nova Scotia's tax system must change to generate enough resources to fund public services, put the province on sound fiscal footing and, most importantly, allow the economy to grow," said Ms. Broten.

The report recommends government freeze spending and redirect savings to tax relief for Nova Scotians and the province's medium and large businesses -- which create the majority of jobs and economic activity. Nova Scotia should also shift its focus away from income taxes and toward consumption taxes. Increasing income taxes was found to be counterproductive and not feasible considering Nova Scotia's declining demographics and the increased pressure it would put on the youth the province wants to stay.

Personal tax reforms to boost the spending power of Nova Scotians, increase workforce participation, and foster the innovation and investment that comes from risk-taking include:

  • an increased basic personal exemption for all Nova Scotians
  • indexing (annual adjustments of taxation rates, sometimes referred to as cost-of-living adjustments, in response to inflation)
  • eliminating the fifth tax bracket, and merging the third and fourth
  • tax credit reform
  • redirecting some of the savings to help the working poor and low-income families with children

The report also suggests a pollution tax to shift the financial burden onto those responsible for environmental damage.

"Change doesn't have to mean higher taxes, but it does have to mean smarter ones," said Ms. Broten. "Energy taxes are proving more effective than regulation at reducing pollution while creating significant economic and environmental benefits."

To drive economic and job growth, Ms. Broten recommends simplifying the system, and improving fairness and neutrality. Corporate tax reform recommendations include:

  • reducing the corporate tax rate
  • increasing the small business tax threshold and tax rate to remove disincentive to grow
  • a more balanced approach to tax credits that allows growth, and creates more certainty around eligibility and costs
  • doubling annual limits for the Equity Tax Credit, with emphasis on high-growth sectors

The report also makes recommendations about how Nova Scotia can reduce red tape and create a climate more in line with job growth, better economic performance and consumer choice. They include:

  • naming a Minister responsible for Regulatory Modernization
  • creating a central unit (Office of Regulatory Modernization) with oversight authority
  • launching a three-year plan to eliminate ineffective, out-dated or inefficient regulations

The total cost of the review was $154,000.

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

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 .

 

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/

  • Policies, Procedures Not Followed in Mistaken Release (Nov. 21)

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

  • New Accessible Motorcycle Licence Plate Available (Nov. 24)
AGRICULTURE--Beef Industry Program Gets Government Support (Nov. 22)

COMMUNITY SERVICES – Plan Increases Community Living, Flexible Support for Those with Disabilities (Nov. 13)

ENVIRONMENT – New Air Quality Requirements for Nova Scotia's Electricity Sector (Nov. 21)

HEALTH/WELLNESS--Health-care Labour Mediation Ends, Arbitration Begins (Nov. 18) 

HUMAN RIGHTS COMMISSION – Board of Inquiry into Discrimination Begins Nov. 25 (Nov. 24) 
 
PREMIER'S OFFICE
  • Premiers Discuss Regional Collaboration (Nov. 21) 
  • Legislature Rises After Fall Session (Nov. 20) 
TRANSPORTATION/INFRASTRUCTURE RENEWAL--Nova Scotia Remembers Road Crash Victims (Nov. 18) 
 
 

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

An Act to Amend Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, S.N.S. 2014, c. 18, s.10}
NS Gaz Pt 2, 11/14/2014
NS Reg 163/2014

Invest Nova Scotia Board Act, S.N.S. 2014, c. 9, s.35
NS Gaz Pt 2, 11/14/2014
NS Reg 167/2014

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

Other news

Moving forward, our organization will now be known as Immigrant Services Association of Nova Scotia, or ISANS.

Though our name has changed, the essence of our organization remains the same: We are dedicated to welcoming and supporting immigrants to Nova Scotia. We believe that helping immigrants build their future here creates a stronger province. We all benefit from the knowledge and perspective that immigrants bring.

Read more in the November 19 announcement.

Follow ISANS online at www.isans.ca, and also on Facebook and Twitter @isans_ca

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. 

BOYNECLARKE LLP is pleased to announce that Business Law Partner, Robert L. Miedema, TEP has been honoured as one of Lexpert®’s Rising Stars: Leading Lawyers Under 40 for 2014. This award honours Canada's Leading Lawyers and Corporate Counsel and pays tribute to the rising stars of the legal community. Recipients are recognized for having made contributions to their communities and profession in interesting and diverse ways. 

Rob’s practice focuses on Tax and Corporate Law and Estate Planning. He has spent six years as a part-time faculty member at Dalhousie University, where he is an associate in the Marine & Environmental Law Institute at the Schulich School of Law.

Rob sits on the Board of Directors of the Dartmouth General Hospital Charitable Foundation and maintains memberships in the Canadian Tax Foundation, the Canadian chapter of the Society of Trust and Estate Practitioners and the Canadian Bar Association. He is a former director of the East Coast Environmental Law Association. 

A committed member of the firm, Rob currently sits on the firm’s Executive Committee. He served on the firm’s Articling Committee for six years, and has been the Business Development Partner since 2013.  

See the firm’s November 21 announcement.

As one of Atlantic Canada’s largest law firms, BOYNECLARKE LLP is a blend of Personal, Business, and Institutional lawyers, located in downtown Dartmouth. http://boyneclarke.com/

Ross Haynes QCMcInnes Cooper has announced that Ross Haynes QC will be retiring from the firm on December 31, 2014. Haynes, who has been a counsel with McInnes Cooper since the firm acquired Haynes Law in 2011, is now in his 40th year of practice.

“I feel very fortunate to have had a career that’s combined the excitement and challenges of operating my own business and then the experience of serving as counsel with a firm that has the broad scope of McInnes Cooper,” Haynes said. “It’s been a wonderful way to cap my legal career and I thank McInnes Cooper and its partners.”

Among Haynes’ many notable cases was the suit that resulted in the end of the ban on Sunday shopping in Nova Scotia.

Throughout his career Haynes has been active in the community, holding leadership roles in many groups, including the Canadian Red Cross, MS Society, Nova Scotia Legal Aid Commission, Metro Community Law Clinic, Nova Scotia Hospital, AIDS Nova Scotia, Blue Goose International and the Halifax Chamber of Commerce. He was also a part-time member of the commerce faculty of Saint Mary’s University for 13 years, and taught for several years in the Halifax School Board’s adult education program. An avid cyclist, he has raised tens of thousands of dollars for MS research during the MS Society’s annual cycling events. He is also a member of the Conservative Party of Canada and the Progressive Conservative Party of Nova Scotia, for which he served as chair of the PC Nova Scotia Fund.

Haynes is well known to CBC audiences for his three-year stint on the weekly TV news panel, Canada Now: Politics Now, and his regular radio commentaries. In 2012, he received the Queen Elizabeth II Diamond Jubilee Medal in recognition of his community service.

Prior to attending Saint Mary’s University and Dalhousie Law School, Haynes served for five years in the Royal Canadian Navy, having enlisted as an Ordinary Seaman at age seventeen.

“In wrapping up this stage of my career, I think it’s so important to note that no one succeeds alone. I’ve had the privilege of working with an extraordinary group of people and I’d like to thank my many wonderful clients across Canada and my colleagues, with a special mention to Lori Swail Funnell, who has worked with me for over 35 years and Valerie Soy for more than 20,” Haynes said.

“Ross brought an added dimension to the insurance defence team at McInnes Cooper,” said Wendy Johnston, leader of the unit. “His experience, personality, commitment to client service, and management of client relationships will enhance the way we practise in the years ahead.”

Since 1985, the Women's Legal Education and Action Fund (LEAF) has continuously fought and won battles for equality that have positively changed the lives of women and girls across Canada.

LEAF continued our important work in 2014, and the year’s achievements are detailed in the 2013/2014 annual report. LEAF marks our 30th anniversary in 2015, and we will continue to fight for equality rights for women and girls across Canada.  

Diane O'Reggio
Executive Director

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

The Atlantic Canada Regional Council of Carpenters, Millwrights and Allied Workers (ACRC) is part of one of North America's largest and most progressive building-trades unions, with nearly half a million members in the construction and wood-products industries.

The ACRC is seeking a General Counsel to provide advice, guidance, and legal services to a union that represents nearly 10,000 members in Atlantic Canada. The successful candidate will be based out of the Halifax office but must be flexible to travel throughout Atlantic Canada.

The General Counsel will be responsible for providing strategic and legal advice to the ACRC, particularly the Executive Secretary Treasurer and senior management of the Regional Council, and for ensuring that a full range of legal services are available. The General Counsel will be expected to recommend procedures and practices to protect the ACRC from undue liability and provides leadership to ensure that the appropriate governance, policies, and procedures are in place in accordance with legal compliance, best practices, and the requirements of the ACRC. The General Counsel will also serve as a strategic advisor providing guidance with respect to the strategic plans of the Regional Council. The role requires an experienced lawyer with diverse practice in areas of law that include, but are not limited to, labour and employment law, administrative law, human rights, and labour relations.

The successful candidate must have a proven track record of providing legal and strategic advice in a labour relations context, and have experience representing clients before various administrative law tribunals such as arbitrations and labour relations boards. Superb written and verbal communication abilities are essential and s/he must be able to provide strategic insight with a consultative leadership style. Additionally, the successful candidate must be a member in good standing with a law society in Canada with at least five years of experience.

If you are interested in applying for this exciting opportunity, please forward a resume and cover letter with salary expectations to lzwicker@acrc.ca. Please indicate 'General Counsel' in the subject line of your email.

www.acrc.ca

LaFosse MacLeod, a Sydney law firm, is looking to hire a book-keeper/accountant for a full time term position to fill in when our present accountant goes on maternity leave. Preference will be given to individuals who have training and experience in PC Law. This term position will begin on February 2,2015, at which time our  accouint will provide training, and will continue for the year while she is on maternity leave. After a 3 month probationary period, the person who is hired will then quailfy for full medical and dental benefits.

Applications for this position can be sent in confidence to Guy LaFosse via email.

The Community Foundation of Nova Scotia is a public charitable foundation dedicated to building stronger communities throughout Nova Scotia. In less than seven years, it has grown to include more than 50 endowment funds supporting a broad range of geographies and charitable interests throughout Nova Scotia and granted out more than $600,000 to over 175 community organizations throughout the province. 

For more information, please visit www.cfns.ca and www.novascotiasvitalsigns.ca

Position

Reporting to the Board of Directors, the Executive Director (ED) will have overall strategic and operational responsibility for the Community Foundation’s staff, programs, expansion and execution of its mission. 

Responsibilities

Leadership & Management:

  • Ensure ongoing growth of the Community Foundation’s assets and consistent quality of finance and administration, programming, communications and systems;
  • Actively engage and energize the Community Foundation’s Board members, Committees, donors, partnering organizations and funders;
  • Develop, maintain, and support a strong Board of Directors: serve as ex-officio of each committee, seek and build board involvement with strategic direction for ongoing operations; and
  • Lead, coach, develop, and retain the Community Foundation’s staff and co-op students.

Fundraising & Communications:

  • Expand revenue generating and fundraising activities to support existing operations and expansion;
  • Oversee the preparation and implementation of development plans and strategies through major gift and planned giving programs that will increase the Foundation’s granting and leadership activities.
  • Plays a significant role with donor stewardship, and developing relationships with key donors and influential members of the community including corporations and public bodies.
  • Deepen and refine all aspects of communications—from web presence to external relations with the goal of creating a stronger brand; and
  • Use external presence and relationships to garner new opportunities.

Planning & New Business:

  • Design and complete the strategic business planning process;
  • Search out and act upon on leadership opportunities that fit the Foundation’s goal of being a proactive community leader and catalyst.
  • Represents the Foundation in partnership discussions concerning funding with arts, neighbourhood building, environmental health, recreation, youth and social services organizations, in accordance with Board policy.
  • Build new partnerships throughout Nova Scotia, establishing relationships with new funders and community champions; and
  • Be an external presence that publishes and communicates Foundation progress and impact.

Qualifications

The ED will be thoroughly committed to the Community Foundation’s mission. All candidates should have proven leadership, fundraising and relationship management experience. Concrete demonstrable experience and other qualifications include:

  • Advanced degree, ideally an MBA, with at least 3 years of management experience;
  • Unwavering commitment to quality programs and donor experience;
  • Research experience;
  • Ability to set and achieve strategic objectives, create and manage a budget and coach staff;
  • Past success working with a Board of Directors with the ability to cultivate existing board member relationships;
  • Strong marketing, public relations, and fundraising experience with the ability to engage a wide range of stakeholders and cultures;
  • Strong written and verbal communication skills; a persuasive and passionate communicator with excellent interpersonal skills;
  • Action-oriented, entrepreneurial, adaptable, and innovative approach to business planning and execution;
  • Ability to work effectively in collaboration with diverse groups of people; and
  • Passion, integrity, positive attitude, mission-driven, and self-directed.

Application deadline: 

Applications including resume and cover letter should be emailed to infocfns@cfns.ca by Friday, December 5, 2014.

 

 

 

 

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 offert est entre 50 000$ et 60 000$ selon expérience.

Faites parvenir votre curriculum vitae au plus tard : le 12 décembre 2014

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

Seuls les candidats retenus pour une entrevue seront contactés.

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

Accountabilities: Under the direction of the Senior Solicitor, the Solicitor will advise on a broad range of corporate/commercial issues relating to our business.  The successful candidate will work with the senior management team and other members of NSPI’s legal services team on assessing and advising on strategies to address business issues, opportunities and risks. The incumbent will be involved with a wide variety of legal matters including the following:

  • Reviewing, negotiating and drafting of commercial contracts (procurement and services related);
  • Interpretation of and provision of advice on the Company’s contractual obligations;
  • Provision of legal review of Company activities and business decisions to provide legal advice on future steps and to identify legal risks;
  • Provide counsel to internal business departments on diverse range of issues including procurement, privacy, employment and labour, environment, and real estate;
  • Coordinate and cooperate with other business units within the Company to identify legal issues and risks;
  • Assist in the co-ordination and supervision of outside counsel, including in regards to litigation matters;
  • The review and interpretation of laws, rules and regulations for compliance purposes;
  • Managing external counsel; and
  • Assessing and advising on strategies to address business issues, opportunities and risks.

You will be responsible for your personal safety and that of co-workers, by observing and ensuring compliance with all Occupational Health and Safety Rules and Regulations. You will be accountable for environmental performance as it relates to the environmental management system processes and initiatives.

Skills, Capabilities and Experience:  Preferred candidates will have a law degree along with three (3) to eight (8) years of corporate and commercial legal experience as in-house counsel or in private practice. You must be, or are eligible to be, a member of the Nova Scotia Barristers’ Society.

This position will appeal to individuals seeking a demanding role in a progressive organization. Excellent communication skills, the ability to work effectively on a team and an analytical mind are requisite competencies. You also offer the ability to offer strategic, practical solutions to business and legal problems in a fast-paced environment. Experience in the areas of energy and construction law would be considered an asset. 

Reports to: Senior Solicitor

Form of Application: Click here to apply online. Complete all required information fields, and copy and paste your covering letter and resume into the online form.    

Salary: Commensurate with qualifications and experience.

Must be received by: All interested candidates should apply no later than December 5, 2014. Late applications may not receive consideration.

Recruitment and Promotion Policy: When filling vacant positions, we are determined to hire the best candidates available. 

We're committed to providing employees with a fair and equal opportunity to compete for jobs. Hiring and promotion of employees is based on skills, capabilities, knowledge and demonstrated abilities.

We value diversity in the workplace and strongly encourage applications from all qualified candidates including African Nova Scotians and other members of the visible minority community, Aboriginal peoples, persons with disabilities, and women in non-traditional roles.

Normally, unless otherwise requested in advance, the supervisors of internal candidates selected for an interview will be contacted in order to facilitate scheduling of the interviews. The supervisor will maintain the confidentiality of the employee's application.

Vous avez un sens aigu de la justice? Vous aimez aider les gens? Venez contribuer concrètement à une justice plus accessible!!

Accès Justice est un nouveau centre dont la mission est de promouvoir l’accès à la justice en favorisant la participation des citoyens, par des services d’information, de soutien et d’orientation, offerts en complémentarité avec les ressources existantes.

Nous sommes à la recherche d’une personne d’exception pour travailler en collaboration avec la directrice générale à titre de responsable du service d’information juridique offert par le centre.

Ce qui vous distingue:

  • Vous avez la capacité d’écouter les gens et de leur manifester de l’empathie;​
  • Vous savez identifier rapidement leurs préoccupations;
  • Vous avez de la facilité à fournir des informations générales d’ordre juridique;
  • Vous démontrez une habileté à vulgariser ces informations;
  • Vous possédez le discernement nécessaire pour identifier plusieurs solution;
  • Vous êtes en mesure d’orienter les gens dans une démarche juridique;
  • Vous avez la capacité de collaborer efficacement, notamment avec les organismes communautaires, les étudiants en droit et la communauté juridique;​
  • Vous avez une bonne connaissance des milieux juridique, social et communautaire de la Nouvelle-Écosse;
  • Vous êtes autonome, organisé et créatif.

Ce que nous recherchons:

  • Avoir une formation en droit, préférablement en Common Law et d'être membre d'un barreau d'une province ou d'un territoire;
  • Vous avez au moins deux (2) années d’expérience comme juriste;
  • Vous avez une excellente maîtrise de l’anglais et du français, tant à l’oral qu’à l’écrit;
  • Vous êtes familier avec Microsoft Office.

Ce que nous offrons:

  • Ø   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 semaine);
  • Le salaire offert est entre 40,000 et 50 000$ selon l’expérience.

Faites parvenir votre curriculum vitae, d’ici le 5 décembre, à l’attention de:
Mme Brenda Christie
Courriel : information@ajefne.ns.ca
Télécopieur : 902-433-0066

Seuls les candidats retenus pour une entrevue seront contactés. 

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 8am-12pm 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.

 

Volunteer and Pro Bono

Nova Scotia College of Early Childhood Education (NSCECE) is a non-profit organization that provides training and certification to early childhood educators. Located in Halifax, the College has a staff of over 50, which includes College staff and faculty as well as early childhood educators who teach at our three child care centres. We provide education to a student body of over 120 as well as providing care and education to 140 children.

NSCECE is overseen by a Board of Directors. We are currently seeking new members to compliment the current board. Specifically we are looking for members with a background in law.

For more information, contact Paroo MacKinnon at paroo@eastlink.ca

Upcoming Events
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 (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: 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: 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 - 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: 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: 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: 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: Wednesday, December 3, 2014 - 12:00 to 13:00

Patrick I. Cassidy, QC, Cassidy Nearing Berryman

The meeting will include consideration of the Nova Scotia Real Estate Commission form of purchase and sale agreement, Mr. Cassidy’s form of new construction sale agreement, condominium finances, reserve funds and other subjects that lawyers representing buyers and sellers should consider.

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: 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: 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: 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: 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 - 18:15 to 20:30

Join us for a unique opportunity to discuss the latest developments in construction lien law directly with the Masters of the Construction Lien court. Enjoy an informal discussion of the best practices with your peers and one of the Masters over dinner and then get the perspective of all the Masters as they come together in a panel to share their views on how Master Sandler's decisions have impacted the current state of the law.

Gain valuable insight into the most pressing issues, including:

  • Application of section 6 to correct errors
  • Discharging a lien where other liens are separately secured
  • Impact of 50/50 split schedule
  • Security for costs
  • Selecting the forum for your construction case
  • Interrelationship of arbitration and lien actions in the Superior Court
  • Scheduling practices in the Construction Lien court in Toronto in view of reduced resources

Register now for what promises to be a highly informative and enjoyable evening with the Masters!* Please note that the webcast portion of the event will begin at 6:15pm

PROGRAM CHAIRS

Janice Quigg, Glaholt LLP
Catherine DiMarco, Heal & Co. LLP

MASTERS

  • Master Carol Albert, Superior Court of Justice
  • Master Robert A. Muir, Superior Court of Justice
  • Master David H. Sandler, Superior Court of Justice
  • Master Donald E. Short, Superior Court of Justice
  • Master Charles G. T. Wiebe, Superior Court of Justice
Event Date: Friday, December 5, 2014 - 08:30 to 10:00

Every law firm in Ontario, from solo practitioners to the largest multinational law firm, should take note of the challenges and successes experienced in the United Kingdom withthe implementation of ABS.

For example, in the United Kingdom, Quality Solicitors has established a formidable national brand, while, accounting giants KPMG and PWC have entered the legal market space with critical mass, gilt-edged client lists and substantial marketing budgets. Gain a competitive advantage to arm yourself with unparalleled insight into what ABS models have worked and which have not worked in other jurisdictions.

Register now to join the conversation in person or by phone. Our expert panelists are close to the LSUC ABS initiative and are highly knowledgeable with developments in jurisdictions where ABS has been implemented.

PANELISTS:

  • John Kain, Kain Associates (Australia)
  • Malcolm Mercer, McCarthy Tétrault LLP
  • Fred Headon, Assistant General Counsel, Labour & Employment, Air Canada / Past President, Canadian Bar Association

OPENING REMARKS:

  • Morgan Borins, Cognition LLP / CounselQuest, OBA Law Practice, Management Section Executive
  • Paul Kuttner, innovate! Marketing Inc., OBA Law Practice, Management Section Executive
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: 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: 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 - 12:30 to 14:00

Canada's ports of entry are busier than ever, processing large numbers of applications – from tourists and business visitors, to temporary foreign workers and new permanent residents seeking to land. Ensure your clients' applications are successful and processed as quickly as possible by understanding which applications can, and can not, be properly processed at a port of entry, and the types of documentation that your clients should, and should not, have. Don't miss this valuable opportunity to hear important tips and insights from our expert faculty on the latest issues impacting port of entry processing.

Ensure your clients navigate the port of entry application process successfully - register now.

PROGRAM CHAIR AND MODERATOR:

  • Gabriela Ramo, KPMG Law LLP

PROGRAM CHAIR

  • Barbara Jo (BJ) Caruso, Corporate Immigration Law Firm
  • Jennifer Nees, Egan LLP
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.

Event Date: Wednesday, December 10, 2014 - 12:30 to 14:00

Whether or not you have a paperless office, the reality of legal practice today is that significant quantities of confidential information is stored in electronic formats. While advances in technology provide opportunities for you to increase your practice efficiency, such opportunities come with inherent risks as cybercriminals identify law firms and legal practices as a goldmine of confidential information. Unintentional “data leakage” can also threaten the confidentiality of your electronic data. Ensure that your law firm or legal practice is protected from cyber-risks with this essential program. Our expert faculty will share key advice and practical tools, including:

  • Making sense of the dangers
  • Unraveling your professional obligations and potential liability
  • Critical strategies for breach prevention, including standards, technology, and training
  • Managing the unique challenges arising from mobile devices
  • Does LAWPRO cover me?

PROGRAM CHAIR

Salim Dharssi, Gilbert's LLP

SPEAKERS

Kelly Friedman, Davis LLP
Jason Moyse, Cognition LLP

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: Thursday, December 11, 2014 (All day)

Day One - Thursday, December 11, 2014

View more information on and register for the Bargaining in the Broader Public Sector Conference

Event Date: Thursday, December 11, 2014 (All day)

*Please see website for more information

Event Date: Thursday, December 11, 2014 (All day)

*Please refer to website for more information

Event Date: Wednesday, December 10, 2014 - 20:00

Please come out to join the Halifax Refugee Clinic on International Human Rights Day!

Beer, wine and a specialty Candy Cane Martini will be available for purchase, along with complimentary savoury and sweet treats.

There will be a variety of performers and speakers entertaining throughout the evening.

We have lots of great items up for auction, including gift certificates to local restaurants and services, unique items from around the world, jewellery and much more! Items must be paid for before leaving the event. Cash only, please.

Tickets are $15.00 ($10.00 for students/seniors/underemployed) and are available in advance or at the door. You can reserve your ticket in advance by calling 902-422-6736 or emailing halifaxrefugeeclinic@gmail.com. Tickets are also available online! https://www.eventbrite.ca/e/halifax-refugee-clinic-auction-for-asylum-tickets-14483547681. Please note that this event is 19+.

Doors open at 7:30PM.

Event Date: Thursday, December 11, 2014 - 09:00 to 10:30

Ensure you are prepared to represent your corporate clients who are subjects of investigations or prosecutions under the Consumer Protection Act (“CPA”). In today’s credit-based economy, our marketplace is rife with opportunities for fraud, misrepresentation and other unfair business practises. The government has responded with legislation to protect the consumer, that aims to stay in tune with these realities and provides for a range of remedies and mechanisms, the CPA being one of the most important. Are you on top of the continually evolving language used in the CPA to express emerging offenses and defenses?

Attend this program to hear from senior counsel involved in the day-to-day management of this and related legislation, as well as a ministry investigator with first-hand knowledge of what is happening in the trenches. You will obtain strategies for identifying different types of consumer agreements and using consumer law to protect your clients. You will also hear about pending amendments and know what to expect if the authorities knock on your client's door. Register now to ensure you can represent your clients knowledgably should the day arrive that they are charged with a CPA offence.

PROGRAM CHAIRS

  • Dan Edmondstone, McMillan LLP
  • David Chaiton, Torkin Manes LLP

SPEAKERS

  • Christina Christophe, Senior Counsel, Ministry of Government and Consumer Services
  • Jeffrey Ludlow, Crown Counsel, Ministry of Labour and Ministry of Government and Consumer Services Prosecution Unit
  • Raimondo Maltese, Crown Counsel, Ministry of Labour and Ministry of Government and Consumer Services Prosecution Unit Team Lead
  • Michael Smith, Investigator, Ministry of Government and Consumer Services

Stay for the afternoon program, Marcotte: The Supreme Court of Canada’s Decision and Its Broad Implications Beyond Banking, and save!

Event Date: Thursday, December 11, 2014 - 12:00 to 13:30

On September 19, 2014 the Supreme Court of Canada issued the seminal decision of Bank of Montreal v. Marcotte ("Marcotte").  This case changes conventional interpretation which had limited the application of provincial laws to federal entities. Specifically, the SCC applied provincial consumer protection legislation to a federally regulated bank and it restricted the sole preserve of federal legislation to the “unassailable core activities” of the federal entity. In Marcotte, currency exchange rates charged to clients on credit cards were not “unassailable core activities”. How does this case apply to your practice?

Attend this program to hear an in-depth review of the decision, a discussion of strategies for assisting federal businesses’ compliance with provincial legislation and discover how this case may apply to other areas, such as bank sold creditor insurance or other federal entities. Register now to secure your spot!

SPEAKERS

  • Harold Geller, McBride Bond Christian LLP - Ottawa
  • Michael Osborne, Affleck Greene McMurtry LLP
  • Elizabeth Sale, Blake, Cassels & Graydon LLP

MODERATOR

Dan Edmondstone, McMillan LLPCome early for the morning program, Consumer Protection: Challenges, Changes and Enforcement, and save!

Event Date: Friday, December 12, 2014 (All day)

*Please refer to the website for more information.

Event Date: Friday, December 12, 2014 (All day)

*Please refer to website for more information.

Event Date: Wednesday, December 17, 2014 - 12:30

Issues

Under human rights law and occupational health and safety legislation, the atmosphere of a workplace is a "term or condition of employment" just as much as explicit terms such as hours of work or rate of pay. Thus employers have a duty to take reasonable steps to provide a harassment-free workplace and can be held legally liable for failing to do so. In this session, a panel of Lancaster's experts will discuss practical strategies workplace parties can employ to identify and eradicate harassment, as well as remedies adjudicators will order to address harassment and poisoned work environments.

  • Protection from harassment and poisoned workplaces: How is harassment defined under human rights law? What types of behaviour meet the legal definition of harassment? Can a single incident amount to harassment? In what circumstances has off-duty or off-site behaviour been found to be harassment prohibited under human rights law? What obligations are imposed on employers to ensure a harassment-free workplace under occupational health and safety legislation? What is the difference between a workplace in which some harassment has taken place or in which a human rights violation has occurred, and a "poisoned work environment"? Is there a legal distinction? If a workplace is "poisoned," does that always indicate a systemic problem/systemic discrimination? Does the characterization make a practical difference in terms of remedies and responses?
     
  • Investigating and responding to harassment complaints: Do employers have a legal obligation to investigate every allegation of harassment? Can an employer be held legally liable for failing to undertake an investigation or for conducting a flawed investigation, even where the underlying allegation of harassment turns out to be unfounded? What criteria do human rights tribunals consider when assessing the reasonableness of an employer's response to a harassment complaint? What policies and procedural protections (as to confidentiality, reprisal etc.) should be put in place for the employee subject to investigation, as well as for complainants and witnesses? What steps should employers take to support an employee who brings forward a harassment complaint? Is an employee entitled to paid leave while his or her harassment complaint is being investigated? When can an employee refuse to work on the basis of harassment concerns? What role should the union play in the process of reporting and responding to harassment complaints? How can unions deal with member-on-member harassment complaints without violating their duty of fair representation?
     
  • Prevention: What are an employer's obligations to monitor and detect workplace harassment? How can an employer ensure that employees subjected to harassment or a poisoned work environment are not afraid to voice their concerns? What are key components of an effective anti-harassment policy? How often should an anti-harassment policy be reviewed? What are effective ways to raise awareness about harassment? What kind of training programs are useful? Are there warning signs that should alert management to the presence of workplace harassment? If so, what are some typical warning signs?
     
  • Remedies for victimized employees: What remedies will human rights tribunals order to "make whole" employees who have been harassed or subjected to a poisoned work environment? Do these differ from the remedies ordered by arbitrators and courts? If so, how? What is the range of monetary damages typically awarded for an employer's failure to remedy a poisoned work environment? Does the quantum differ depending on the litigation forum (e.g. do human rights tribunals order compensatory damages at a higher scale than arbitrators)? Does the quantum differ depending on the ground of discrimination (e.g. are damages for sexual harassment typically higher than damages in relation to other prohibited grounds)? Will adjudicators order employers to pay for psychological assistance to help employees cope with harassment they have experienced?
     
  • Systemic/public interest remedies: What type of broader systemic or public interest remedies will adjudicators order to remedy a poisoned work environment? In what circumstances will adjudicators order mandatory human rights training for employees and management? Monitoring by an external organization? A review and revision of workplace human rights policies? In what circumstances will a tribunal or arbitrator retain authority to supervise the implementation of remedies it orders? Can a tribunal or arbitrator add to or amend its original order to address an ongoing problem?

http://lancasterhouse.com/audioConferences

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