INFORUM

January 18, 2016 InForum Issue

Society news

The Schulich School of Law and the Nova Scotia Barristers’ Society cordially invite you to attend the twenty-fifth annual F.B. Wickwire Memorial Lecture in Professional Responsibility and Legal Ethics.

In Search of the Ethical Lawyer 
Wednesday, February 24, 2016 at 4:30 pm
Room 105, Weldon Law Building
Schulich School of Law at Dalhousie University

In Search of the Ethical Lawyer: Stories from the Canadian Legal ProfessionThis year’s panelists are legal ethics scholars Adam Dodek and Alice Woolley, with Professor Richard F. Devlin of the Schulich School of Law. Founding members of the Canadian Association for Legal Ethics, Professors Dodek and Woolley were named by Canadian Lawyer to be among the 25 most influential figures in Canada’s legal profession. They recently co-edited In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession (UBC Press, 2016), released on January 1.

In the new book, leading Canadian legal academics and practising lawyers draw on real-life stories -- case studies, biography and memoir -- to examine the tension between ethics and the law. It brings to life the ethical challenges lawyers face and raises important questions about what it means be a "good" lawyer. Professor Devlin contributed a chapter celebrating the egalitarian legal practice of Halifax’s Burnley Allan (Rocky) Jones, "Begun in Faith, Continued in Determination". Read an abstract about the book online, including the table of contents, introduction and foreword by Paul Wells of Macleans

Alice Woolley is Professor and Associate Dean Academic in the University of Calgary Faculty of Law. She is the author of Understanding Lawyers' Ethics in Canada and co-editor of Lawyers' Ethics and Professional Regulation. Adam Dodek is Vice-Dean Research and Associate Professor in the Common Law Section at the University of Ottawa. He is the author of Solicitor-Client Privilege and The Canadian Constitution, as well as co-editor of five other books.

Further details about the lecture will be announced shortly.

About the Wickwire Lecture series
To view videos of past lectures in the series, visit the F.B. Wickwire Memorial Lecture in Professional Responsibility and Legal Ethics page, located in the Public Lectures section of the Schulich School of Law website at http://www.dal.ca/faculty/law.html.

Frederick B. (Ted) Wickwire QC was educated in Halifax and practised in the field of corporate and commercial law with a special interest in property rights, as senior partner in the firm MacInnes Wilson Flinn Wickwire. In 1977, he was appointed the first Chairman of the Nova Scotia Legal Aid Commission. 

Mr. Wickwire worked tirelessly to ensure that Nova Scotia barristers maintained a level of uncompromised professionalism. To this end, he served as chairman of the Nova Scotia Barristers’ Society’s Legal Ethics Committee, oversaw the creation of the original handbook on ethics and professional conduct for Nova Scotia lawyers, and was Society President, a position he held at the time of his death on March 22, 1991. For his work with both the Society and the development of Legal Aid in Nova Scotia, he earned the Weldon Award for Unselfish Public Service posthumously in October 1991. 

The biggest driver of change across the country seems to be a collective acknowledgement of just how antiquated, and ineffective, the existing regulatory system is. (Entity Regulation cover storyCanadian Lawyer, October 5, 2015)

The Nova Scotia Barristers’ Society has moved to regulating in a way that is proactive, principled and proportionate. This ‘Triple P’ approach translates to the Society starting to engage with lawyers to minimize the need to regulate in a prescriptive way.

Triple P is part of the larger Transforming Regulation initiative that will continue to evolve over the next several years in response to current trends and issues facing legal practice in Nova Scotia.

As part of a more proactive regulatory approach, the Society wants to ensure that lawyers have all the best practice processes and infrastructure they need to succeed and assist their clients.

Based on prior research and focus groups, the Society has drafted a Self-Assessment Tool that will evaluate a firm or legal department’s current system for running a law practice against a benchmark – the Management System for Ethical Legal Practice (MSELP). Council believes the (current) 10 elements of MSELP will help firms create an ethical infrastructure to enhance quality of service and decision making.

When looking at the draft Self-Assessment Tool, lawyers should note that other approaches to this instrument have been considered. Our Legal Services Regulation Solo and Small Firm Working Group developed a format with the same content that incorporates a ‘checklist’ approach. 

The Society is requesting your feedback by January 31, 2016 on the tool’s appropriateness to your practice. We are particularly interested during this consultation phase in receiving feedback on:

  • the examples and indicators, and whether these should be expanded or contracted based on the size and type of firm or legal entity; and
  • the two different formats as approaches to making the assessment.

Any help on how to expand our tools and resources is also appreciated.

The draft Self-Assessment Tool is available to view with a free-form comment box where we seek your input. The scoring of 1-5 is for illustration purposes only (i.e., the survey does not accept a ranking). Our focus is on your comments in the box at the end of each of the 10 elements.

The scoring of 1-5 is for illustration purposes only (i.e., the survey does not accept a ranking). Our focus is on your comments in the box at the end of each of the 10 elements.

It will be your choice whether you provide your personal information or prefer to remain anonymous.

Both formats are also available to print out in a PDF version:
If you have any questions, please contact Susanne Willett, Project Manager, at swillett@nsbs.org.

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

The Top 10 Canadian legal ethics stories of 2015 
Canadian Lawyer/Legal Feeds | January 4, 2016
by Alice Woolley

The Nova Scotia Barristers' Society figures prominently in two of the Top 10 – read the full article at the link above:

  • #2: Trinity Western University before the courts
  • #8. Regulatory innovation: The Nova Scotia Barristers’ Society is moving towards a new model for regulating lawyers, which is “risk-focused, proactive, principled and proportionate.” This entity regulation will include removing barriers to fee sharing and will require lawyers and legal entities to implement management systems for ethical legal practice.

Lyle Howe's disciplinary hearing called off for the week
CBC News | January 11, 2016

Lyle Howe’s disciplinary hearing adjourned
THE CHRONICLE HERALD | January 11, 2016

By Blair Rhodes
CBC News | January 6, 2016
 

Lyle Howe supporters more low key at Tuesday's disciplinary hearing: More details of complaints against Howe emerged Monday 
CBC News | Jan 5, 2016

Halifax defence lawyer accused of extortion during hearing
by BRYNN LANGILLE
News 95.7 | Jan 5, 2016

Allnovascotia.com (subscription only)

  • Regulator Shuts Down Lawyer David Richey (Jan. 7)
  • Lyle Howe Accuses Regulator Of Racial Bias (Jan. 5)
Council

The next regular meeting of Council is scheduled for this Friday, January 22, 2016, followed by a cultural competence workshop from 11:00 am to 4:00 pm.

The agenda and meeting documents are available on the Council materials page of the Society's website: http://nsbs.org/council-materials.

Credentials

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

The Society welcomes the following lawyers, called to the Nova Scotia Bar on January 15:

  • Emma Lee Astephen
  • Ryan Steven Baxter
  • Matthew Frederick Hart
  • Steven James Hayward
  • Marie Johanne Natascha Joncas
  • Michael John Ernest MacIsaac
  • Jennifer Sarah Murphy
  • Chrystal Lee Penney
  • Melissa Marie Schroeder
  • Margaret Patricia Towler

The following members have changed to the Practising Lawyer category:

  • Jennifer Lee Campbell
  • Matthew James Dorreen
  • Jill Susanne McKim

The Society welcomes the following new articled clerk:

  • Jillian Elizabeth D'Alessio
Professional development

BANKRUPTCY

  • BANKRUPTCY AND INSOLVENCY LAW / Wood, Roderick J – 2d ed. – Toronto: Irwin Law, 2015. [KB 113 W875 2015]

CONFLICT OF INTERESTS

  • THE LAW OF GOVERNMENT ETHICS: FEDERAL, ONTARIO AND BRITISH COLUMBIA / Lavine, Gregory J – 2d ed. – Toronto: Canada Law Book, 2015. [KB 29 .L5 L411 2015]

COPYRIGHT

  • THE 2016 ANNOTATED COPYRIGHT ACT / Tamaro, Normand – Toronto: Carswell Thomson Reuters, 2015. [KB 159 T153 2015]

CORPORATIONS

  • THE ART OF THE CORPORATE DEAL / Lipson, Barry D – 2d ed. – Toronto: Carswell Thomson Reuters, 2015. [KB 109 L767 2015]

CRIMINAL INVESTIGATION

  • INVESTIGATIVE INTERVIEWING: THE ESSENTIALS / St-Yves, Michel – Toronto: Carswell Thomson Reuters, 2014. [KB 92 .C9 S255I 2014]

ENVIRONMENTAL LAW

  • KEY DEVELOPMENTS IN ENVIRONMENTAL LAW 2015 / Berger, Stanley D – 2015 ed. – Toronto: Canada Law Book, 2015. [KB 79.E2 B496 2015]
  • RESEARCH HANDBOOK ON INTERNATIONAL MARINE ENVIRONMENTAL LAW / Rayfuse, Rosemary – Cheltenham, UK: Edward Elgar Publishing, 2015. [KB 79 .E2 R263 2015]

EVIDENCE

  • EVIDENCE: PRINCIPLES AND PROBLEMS / Delisle, Ronald J; Stuart, Don; Tanovich, David M; Dufraimont, Lisa – 11th ed. – Toronto: Carswell Thomson Reuters, 2015. [KB 192 D354E 2015]

FORENSIC SCIENCE

  • THE ABRIDGED WIGMORE ON ALCOHOL: COURTROOM ALCOHOL TOXICOLOGY FOR THE MEDICOLEGAL PROFESSIONAL / Wigmore, James G – Toronto: Irwin Law, 2015. [KB 93.F5 W659A 2015]

IMMIGRATION LAW

  • IMMIGRATION LAW / Liew, Jamie Chai Yun; Galloway, Donald – 2d ed. – Toronto: Irwin Law, 2015. [KB 24 .E57 L716 2015]

INCOME TAX

  • THE PRACTITIONER'S INCOME TAX ACT / Sherman, David M – 48th ed. – Toronto: Carswell Thomson Reuters, 2015. [KB 84.I5 S553 2015]

INFORMATION STORAGE AND RETRIEVAL SYSTEMS

  • PRACTICE LAW IN THE CLOUD / Whelan, David P – Toronto: Canada Law Book, 2013. [KB 267.C2 W556 2013]

LAW

  • CLINICAL LAW: PRACTICE, THEORY, AND SOCIAL JUSTICE ADVOCACY / Buhler, Sarah; Marsden, Sarah; Smyth, Gemma – Toronto: Emond Montgomery Publications, 2016. [KB 100 B917 2016]

LEGAL RESEARCH

  • LEGAL RESEARCH AND WRITING / Tjaden, Ted – 4th ed. – Toronto: Irwin Law, 2015. [KB 15.3 T625 2015]

LIBRARIES

  • EMERGING TECHNOLOGIES FOR LIBRARIANS: A PRACTICAL APPROACH TO INNOVATION / Yang, Sharon Q; Li, Lili – Waltham, MA: Chandos Publishing, 2016. [K 663 Y21 2016]

NATIVE PEOPLES

  • THE 2016 ANNOTATED INDIAN ACT AND ABORIGINAL CONSTITUTIONAL PROVISIONS / Imai, Shin – Toronto: Carswell Thomson Reuters, 2015. [KB 79.I6 I31 2016]
  • CONSOLIDATED NATIVE LAW STATUTES, REGULATIONS AND TREATIES 2016 / Woodward, Jack – Toronto: Carswell Thomson Reuters, 2015. [KB 79.I6 W911 2015]

PERSONAL INJURIES

  • DAMAGES FOR PERSONAL INJURY AND DEATH IN CANADA 2015 / Goldsmith, Immanuel; Duncan, Anthony; Turgeon, Adele – Toronto: Carswell Thomson Reuters, 2015. [KB 183.D3 G624D 2015]

RETIREMENT

  • THE BOOMERS RETIRE: A GUIDE FOR FINANCIAL ADVISORS AND THEIR CLIENTS / Biscott, Lynn – 4th ed. – Toronto: Carswell Thomson Reuters, 2014. [KB 78.S7 B621 2014]

RIGHT OF PRIVACY

  • PRIVACY IN EMPLOYMENT: CONTROL OF PERSONAL INFORMATION IN THE WORKPLACE / Klein, Kris; Gates, Vivian; Beznosova, Natasha – 2d ed. – Toronto: Carswell Thomson Reuters, 2009. [KB 180 K64 2009]

SENTENCES

  • CANADIAN SENTENCING DIGEST: QUANTUM SERVICE 2015 / Nadin-Davis, R. Paul; Sproule, Clarey B; Rice, Liz – Toronto: Carswell Thomson Reuters, 2015. [KB 92.S47 N136 2015]

TAX PLANNING

  • TAXATION OF TRUSTS AND ESTATES: A PRACTITIONER'S GUIDE 2016 / Chow, Grace; Pryor, Ian – Toronto: Carswell Thomson Reuters, 2015. [KB 84.I6 F939 2015]
Access to Justice
The following notice was posted and shared on January 21 by the National Self-Represented Litigants Project:  
 
After noticing a sharp upswing in the number of lawyers offering unbundled legal services, as well as other professionals including paralegals, coaches and even editors offering services to SRLs (self-represented litigants), NSRLP is creating a Canada-wide database that will serve two purposes – an information resource for SRLs looking for affordable assistance, and a means of connecting the many different professionals interested in working with SRLs.

The unbundling of legal services (or limited scope retainers (LSRs)) is just one adaptation that may help alleviate the access to justice barriers described in The New Litigants, a CBC “The National” documentary that explored the struggle of being a self-represented litigant in Canada, and featured the NSRLP. Lawyers offering carefully crafted services might be able to accommodate those individuals who are unable to afford full representation, but able to undertake some legal tasks themselves.

Our Twitter campaign, #whyunbundle?, reaches out to lawyers and provides information on limited scope retainers (for example this handbook published the Canadian Bar Association’s Alberta branch). Our Twitter campaign asks lawyers willing to provide – or considering providing – unbundled legal services to contact us at representingyourselfcanada.com. You will be included in a database that eventually will be embedded in the NSRLP website (which is visited by more than 30,000 people each year).

We are also very interested in hearing from paralegals offering fixed fee services to SRLs as well as other professionals with complementary skills in other disciplines – mental health, public speaking, editorial, etc. – interested in working with SRLs. Please click here if you are a professional working with SRLs.
 

 

#TalkJustice_LaMeiaIntroduced just over a week ago, new video content from the Society’s #TalkJustice initiative is already generating a very positive response.

The sheer volume of information encountered on a daily basis – particularly online – can be overwhelming. To break through the noise, the Society is sharing #TalkJustice updates in formats that are compelling, current and quick to digest: short videos, photos, graphic recordings of community engagement sessions, and “GIF” images (Graphics Interchange Format - the image at left is an example).

A short video clip of LaMeia Reddick, Community Engagement Consultant for #TalkJustice, is proving to be especially popular (follow the link to view). With more than 1,134 views in just over a week, it’s one of the most widely seen and shared items ever published on the Society’s Facebook page. In it, she discusses the importance of allowing the public voice to guide access to justice efforts in Nova Scotia. An image from a video featuring President Jill Perry, also on the importance of listening, is generating similar interest with nearly 900 views on Facebook so far.

The Society is “putting the public voice first” in this community engagement initiative, in response to the National Action Committee’s landmark Access to Civil and Family Justice: A Roadmap for Change report. This requires us to develop new ways of communicating. Hefty reports and legal jargon won’t connect with people – we need to speak the public’s language and also share voices directly via video.

A few other new #TalkJustice highlights so far: 

Read more about Ms. Reddick and #TalkJustice in “Agents of Change 4.0: Better things can happen”, the December cover story of Business Voice magazine, published by the Halifax Chamber of Commerce. And in case you missed it in the last InForum, see our latest In the Public Interest blog article, “#TalkJustice is back!”, published on January 4, 2016. 

Continue to follow #TalkJustice updates in the weeks ahead on the Society’s following social media sites:

 

Tips from LIANS

If you are one of the 41 million users still using Windows 8, it may be time to upgrade … and quickly! Microsoft has announced that effective January 13, 2016, it will no longer release security patches for the new operating system. 

What does that mean for you? It means that any holes will be left unpatched and your operating system – your computer – is no longer secure.

However, mainstream support – support for new features – will continue until January 9, 2018, and extended support until January 10, 2023.

While Microsoft’s message may be somewhat confusing, our message is clear: if you are still using Windows 8, you need to upgrade immediately.

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.

Numerous lawyers have received emails from various potential “clients” requesting representation to purchase large construction equipment (eg dredgers, cranes, drilling rigs, etc.). For example:

From: Mega Equipment Dredging Inc
Sent: Sunday, January 10, 2016 4:11 PM
Subject: Inquiry

Hi,

Was wondering if your firm can undertake for my company a purchase and sales transaction? If not, a referral will be appreciated thanks.

Yours Sincerely.
Morris Riccardo
(Director of Sales)
Mega Equipment & Dredging Inc
105 North Harbour Rd W Goderich,
N7A 2W5

Emails are sometimes accompanied by bogus electronic supporting documents, such as a Guarantor form and personal IDs. These have been confirmed as scam 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 individuals who arrive in person to retain you and use your trust account to receive and disburse funds. Be cautious with all cheques received, especially if they exceed an 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 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 article is from Homewood Health™, your health and wellness provider. 

Depression among lawyers has been covered in the news in recent years:

Studies throughout last few decades indicate that lawyers are more likely to suffer from depression than non-lawyers, in one study suggesting up to 3.6 times more likely (“Occupations and the Prevalence of Major Depressive Disorder,” 32 Journal of Occupational Medicine 1079 (1990)).

When should I consider getting help from a trained professional?

There are times when we all would benefit from assistance with life’s challenges and difficulties. Sometimes it just seems that no matter what you try on your own, it just isn't enough. Consider getting help from a trained professional if any one or more of the following circumstances apply to you:

  • You are finding it difficult to carry out everyday activities: for example, you are unable to concentrate on assignments at work, and your job performance is suffering as a result.
  • You are concerned about the impact that your feelings have on your physical health.
  • Your problems don’t seem to get better despite your efforts and help from family and friends.
  • You feel an overwhelming and prolonged sense of sadness and helplessness and/or you lack hope.
  • Your actions are harmful to yourself or to others (e.g., you drink too much alcohol and become overly aggressive).
  • You worry excessively, expect the worst or are constantly on edge.

For more information and support in dealing with depression, along with resources and counselling to improve your health and wellness, visit the NSLAP website at www.nslap.ca. Please note that NSLAP 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

This edition includes:

  • Court dockets for January, February and March;
  • Holiday closures ahead in February and March  
  • A notice from the Supreme Court: Numbering pages of briefs
  • Free Legal Clinic at the Law Courts
  • Liaison Committees

See the JANUARY 15, 2016 Hints and Tips from Nova Scotia’s Prothonotary/Registrar for details.

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

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

January 11, 2016, OTTAWA – The Supreme Court of Canada is pleased to announce the launch of its English and French Twitter accounts. Tweets will pertain to the business of the Court and will be posted on both accounts simultaneously. 

The launch of these Twitter accounts in 2016 coincides with an important milestone in the Court’s history: it is the 140th anniversary of the first hearings held by the Supreme Court of Canada.

You can follow the Supreme Court of Canada on Twitter in English @SCC_eng and in French @CSC_fra

Chief Justice McLachlin commends the Court’s presence on Twitter: “Communicating on Twitter forms part of the Court’s commitment to open and accessible justice.  Sharing information about the Court’s work is crucial to its mandate, and Twitter is a useful tool in achieving this objective.”

News Releases will continue to be issued to subscribers to our News Release service.

For more information on how to interact with the Supreme Court of Canada on social media, please consult the Terms and Conditions section of the website: www.scc-csc.ca.

----   

La CSC est maintenant sur Twitter

11 janvier 2016. OTTAWA – La Cour suprême du Canada est heureuse d’annoncer le lancement de ses comptes Twitter français et anglais. Les gazouillis porteront sur le travail de la Cour et seront mis en ligne simultanément sur les deux comptes.

Le lancement de ces deux comptes Twitter en 2016 coïncide avec un jalon marquant de l’histoire de la Cour : il s’agit en effet du 140e anniversaire des premières audiences qu’a tenues cette dernière.

Vous pouvez suivre la Cour suprême du Canada sur Twitter en français @CSC_fra et en anglais @SCC_eng.

La juge en chef McLachlin applaudit la présence de la Cour sur Twitter : « Communiquer par l’entremise de Twitter contribue à l’engagement de la Cour envers une justice ouverte et accessible. Partager de l’information quant à son travail fait partie intégrante du mandat de la Cour et Twitter est un outil utile pour atteindre cet objectif. »

Les communiqués de presse continueront d’être expédiés aux abonnés de notre service de communiqué de presse.

Pour de plus amples renseignements sur la façon d’interagir avec la Cour suprême du Canada sur les médias sociaux, veuillez consulter la rubrique Avis du site Web : www.scc-csc.ca.

Province

A Halifax native, diplomat and international lawyer is the new director and CEO of the Nova Scotia Human Rights Commission.

Christine Hanson, a Dalhousie University law graduate and current Minister-Counsellor for Congressional and Intergovernmental Affairs at the Canadian Embassy in Washington, D.C., will take over the role effective February 8.

Christine Hanson, new CWO of NSHRC

"I'm very pleased that someone of Ms. Hanson's impressive background, experience and dedication will be leading Nova Scotia's Human Rights Commission," the Hon. Diana Whalen, Minister responsible for the Human Rights Commission, said in the January 6 announcement. "She will be a strong asset for the commission and a strong advocate for human rights in this province."

Ms. Hanson has held a variety of roles in the Legal Bureau of the Department of Foreign Affairs and International Trade, including deputy director of the Human Rights and Humanitarian Law Division.

"I am thrilled to have the opportunity to take on this important role in my home province," said Ms. Hanson. "I look forward to working closely with the commissioners and commission staff to protect and promote human rights in Nova Scotia."

In 2014, she was awarded the Building a Better World alumni award from Dalhousie University. She was also an International Women's Forum Global Leadership Foundation Fellow in 2014-15. She is married and has two daughters.

Ms. Hanson takes over from interim director and CEO, Michelle Higgins, a senior solicitor with the Department of Justice.

The Nova Scotia Human Rights Commission is an independent government commission that administers the province's Human Rights Act.

The agreement between the province and the association representing the province's Crown attorneys was ratified on Saturday, Jan. 9.

"I am pleased the Crown attorneys have accepted the agreement," said Premier Stephen McNeil. "This four-year agreement is a fair deal and stays within our fiscal plan. I continue to urge other unions to come to the table."

The new contract includes an agreement on wages with no increase in the first two years, a 1 per cent increase on April 1, 2017, a 1.5 per cent increase on April 1, 2018 and a .5 per cent increase on March 31, 2019.

The Years of Service credit for the service award is frozen effective April 1, 2015. The amount of the award is based on salary at retirement.

Negotiations began on Sept. 24, 2015 and the parties met for two days. The Crown attorneys voted 82 per cent in favour of the new contract.

The last agreement expired on March 31, 2015. The new agreement expires on March 31, 2019, and covers about 85 Crown attorneys. 

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

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

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

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

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

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/

  • Christine Hanson Appointed New CEO of Human Rights Commission (Jan. 6)
  • 2012 Double Homicide Case Added to Rewards Program (Jan. 5)

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

COMMUNITY SERVICES – Call for Nominations for Provincial Volunteer Awards (Jan. 12)

EDUCATION/EARLY CHILDHOOD DEVELOPMENT – Building a Modern, Successful Education System, an op-ed from the Hon. Karen Casey, Minister of Education and Early Childhood Development (Jan. 14)

FISHERIES/AQUACULTURE – Committee to Advise Government on Tracing Escaped Salmon (Jan. 12)

HEALTH/WELLNESS

  • Lower Seniors' Pharmacare Co-pays Begin April 1 (Jan. 15)
  • Commitment to Mental Health Support, an op-ed piece from the Hon. Leo Glavine, Minister of Health and Wellness (Jan. 14)
  • Grants Process Enhances Transparency, External Review (Jan. 12)

HUMAN RIGHTS COMMISSION – Sandra Wakeham v. Nova Scotia Department of Environment (Jan. 11)

IMMIGRATION – Nova Scotia's New Business Immigration Streams Launched (Jan. 6)

LABOUR/ADVANCED EDUCATION

  • Apprentices Across the Country Can Now Train More Easily (Jan. 18)
  • Nova Scotia and British Columbia Work Together to Meet Labour Needs (Jan. 13)  
  • New Policy Provides More Training Opportunities for Apprentices (Jan. 6)

N.S. BUSINESS INC. – Payroll Rebate Approved (Jan. 5)

N.S. SECURITIES COMMISSION – Commission Issues Notice of Changes to the Nova Scotia Securities Act (Jan. 15)

PREMIER'S OFFICE

  • Premier Proclaims Red Tape Awareness Week, Jan. 18-22, 2016 (Jan. 15)
  • Premier Appoints new Minister of Environment (Jan. 12)
  • Premier Accepts Deputy Minister Resignation (Jan. 7)
Other news

Paralegal students at Eastern College are seeking four-week unpaid internships for the upcoming timeframes:

Starting dates:

  • February 22 (4 weeks)
  • March 7 (4 weeks)

Internship description:

Students are expected to complete a four-week unpaid internship as part of their diploma program. The internship is designed to provide the student with on the job experience and a chance to utilize their newly acquired skills. The students are expected to treat the internship as they would a paid position and are required to adhere to the company policies of the host employer which includes following an agreed upon work schedule. Employers are asked to provide exposure to, and experience in, the areas of interest relevant to paralegal field while providing and appropriate level of supervision while tasks are being executed. 

Learning expectations:

  • To be trained on policies and procedures for the firm/organization;
  • To interact with lawyers, administrative or other legal support staff;
  • To train on firm or department’s computer systems;
  • To train on firm’s filing system;
  • To be exposed to daily tasks such as typing, administration, dictation, and/or research and case file preparation; and
  • To observe interaction with clients.

Please contact:

Angela Grant, Employment Specialist
angela.grant@easterncollege.ca

Nasha Nijhawan and Kelly McMillan are excited to announce the opening of Nijhawan McMillan Barristers. 

Nijhawan McMillan Barristers is a boutique litigation firm serving individual, corporate and institutional clients in the areas of civil, criminal and administrative law. We have a particular interest in employment, human rights and professional discipline matters, as well as commercial disputes. 

Our office is located at 2085 Maitland Street in the North End of Halifax. For more information, visit www.nmbarristers.com or look for us on Twitter @nmbarristers

January 18, 2016 – Halifax, Nova Scotia:  BOYNECLARKE LLP is pleased to announce that former Associates, Allen A. Campbell, Stephen M. Campbell, and David S. R. Parker became Partners of the firm on January 1, 2016.

Allen practices residential real estate law. He received his LLB from the University of New Brunswick and was first called to the bar in Prince Edward Island in 2000. He is an active practicing member of the bar in PEI, NB, and NS and a member of the Nova Scotia Nature Trust.

Stephen is a member of our Business Law team. His practice focuses on commercial financing, mergers and acquisitions and taxation matters. He is a member of the Canadian Tax Foundation, the Real Estate Lawyers Association of Nova Scotia and is the Secretary for the Risk Management Association. Stephen is also a board member with the Newbridge Foundation for Academic and Athletic Excellence.

A member of our Personal Injury team, David focuses his practice on helping injured people with their motor vehicle accident, slip and fall, and disability insurance claims. David received his LLB from Dalhousie University in 2007; he is a member of the Atlantic Provincial Trial Association and is Chair of the BOYNECLARKE LLP Articling Committee. www.boyneclarke.ca

January 11, 2016– Halifax, Nova Scotia: BOYNECLARKE LLP is pleased to welcome Lydia Billingsley as an Associate to the firm’s Family Law team. Lydia joins BOYNECLARKE LLP from the Halifax firm Davis Reierson Family Law.

Lydia graduated from the University of New Brunswick with a Bachelor of Arts with Honours in anthropology and a minor in biology. She received her LLB from Dalhousie University in 2010 and was called to the Bar in 2011. Lydia participated in the BOYNECLARKE LLP summer student program and completed her articles with BOYNECLARKE LLP from 2010-2011. www.boyneclarke.ca

Seeking a missing will for Murray Louis Burns, drafted in 1988 or 1989 or another at a later date, likely in the Halifax region. His date of birth is November 29, 1945 and at the time his will was drafted, he would have resided on Muriel Avenue in Dartmouth.

Anyone with information is asked to please contact:  

Owen D. Burns, Lawyer
Wilbur Law Offices 
706B Coverdale Road
Riverview, New Brunswick
Canada  E1B 3L1
bus: 506 387 7715
fax: 506 387 5875

Looking to speak with a male lawyer in the Sydney area who drafted a power of attorney and perhaps a will for Mrs. Mumtaz (Mary) Schombara in 2014 or early 2015. If you have any information, please contact W. Briann Smith QC at Smith Evans (902) 463-8100.

Mrs. Schombara is in her 80s, and her last address was 61 Main Street, Sydney. She immigrated to Canada from Pakistan, was educated in the United States and practised as a nurse in Nova Scotia. She was married to (and later divorced from) a Guhnter Schombara, who is now deceased. 

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

  • Margaret “Ann” Barrett, Dartmouth – January 11, 2016 Obituary
  • Robert Carman Coates QC, Amherst – January 11, 2016 Obituary
Careers

I am a mature student seeking an Articling position in the Halifax area. In the summer of 2015 I did a semester of study at Dalhousie Legal Aid Service, so the academic portion of my studies is complete. I am available to start articling immediately. 

As I have a long work history of client involvement, it is important to me to find a firm committed to providing high quality customer service. Additionally, I am actively involved in community organizations such as the Canadian Bar Association so a firm dedicated to developing a strong community is important. 

I recently had an article published with the CBA magazine Nova Voce regarding articling in Nova Scotia. In writing the article, I researched resources available to firms that make the articling process easier. I would be happy to discuss the financial and administrative resources available to firms considering hiring an articling student.

I am primarily interested in firms practicing Criminal, Family or Immigration law but willing to consider all practice areas. I can be contacted at billysparks@dal.ca or (902) 425-9777.

One of Halifax's leading law firms, Burchells LLP, provides a wide range of legal services to regional, national and international clients, including multinational corporations, small business owners, major banks, individuals, insurance companies and all levels of government.

Providing support to the lawyers of Burchells is a group of hard working and enthusiastic professionals who take pride in exceptional client service and team work.   

Burchells is currently recruiting for a fulltime, permanent legal assistant to provide support in the banking group working in the collections practice area.

Job Description – Legal Assistant – Collections

Goals

  • Enhance lawyer effectiveness and the delivery of quality legal services through production of timely, accurate work that meets our work standard of “Do it once, do it right”.
  • Manage unsecured collections matters to the satisfaction of the client and responsible lawyers.
  • Provide efficient, accurate and knowledgeable support in relation to collections.
  • Support lawyers and co-workers in a timely, accurate and helpful manner.
  • Collection team members recognize growth and comprehension of the collection process through increased self-sufficiency.

Responsibilities

Collections

  • Open new files in accordance with firm and client policies and procedures.
  • Proceed with collection process independently from beginning to end.
  • Work with and monitor the third party systems for notes and statuses and process accordingly.
  • Communicate with debtors to make payment arrangements.
  • Follow bring forward system to ensure next steps in collections matters are brought to the attention of the responsible lawyers.
  • Document production such as letters, claims, emails, etc.
  • Communicate verbally and written with the applicable courts.
  • Process incoming payments.
  • Understand and work as part of a larger team of assistants working on collections files.
  • General office duties including handling mail, filing, couriers, telephone calls, etc.
  • Posting time entries and soft costs, requisitioning trust and general cheques, running basic accounting reports and bills.
  • Cull and close physical files.

General Administrative and Collections Support

  • Update job knowledge by participating in educational opportunities as available.
  • Achieves organization goals by accepting ownership for accomplishing new and different requests and exploring opportunities to add value to position accomplishments.

Position Requirements

  • Formal Legal Assistant/Paralegal Education.
  • Minimum one year legal experience working in a collections department.
  • Sound judgment in high-pressure situations.
  • Flexibility, initiative, organization and prioritization skills are critical.
  • Strong Communication Skills.
  • Excellent computer knowledge – full Mircrosoft Office Suite 2010.
  • Working knowledge of third-party software would be considered an asset.
  • Above average ability to work in a team environment with all members of the firm. 

Burchells offers a competitive salary and full comprehensive benefit package.

Send resume and cover letter to:

Charlene F. Harrison
Office Manager
charrison@burchells.ca

Applications will be accepted up to January 18, 2016. We thank all applicants, however, only those candidates selected for an interview will be contacted. No phone calls please.https://tracking.cirrusinsight.com/track?guid=bc961bd0-b0bb-45c4-941d-6d18bf026336&userid=00530000000cYyfAAE

We are a small, well-established general practice Dartmouth law firm and are seeking an associate lawyer to join us.

While an established or partly established practice would be welcome, we also would welcome an enthusiastic practitioner who would be willing to work hard to build a successful practice.

This is not a salaried position but, rather, a fee-splitting arrangement. We would be willing and able to provide some files but would expect you to increasingly add to that by your own initiative. An opportunity to grow together.

Computer literacy and word processing capability is a must. You must be a member in good standing with the Nova Scotia Barristers’ Society, should also have strong organizational skills and, hopefully, a sense of humour.

Please reply with a PDF version of your resume to: associate.opportunity.dart@gmail.com

Privacy and confidentiality are important to us; all applications are kept strictly confidential. We appreciate all who reply to this posting; however only those candidates considered for an interview will be contacted.

Creighton Shatford Hirbour, a well-established full service law firm located in downtown Amherst, Nova Scotia is seeking an ambitious, hard working entrepreneurial lawyer or articling clerk who is looking to establish or expand their existing practice.

We offer a vibrant workplace which serves clients in both Nova Scotia and New Brunswick. We are dedicated to providing timely, cost-effective and quality legal services to businesses and individuals.

Corporate/commercial experience and bilingualism are considered assets.

If this opportunity is of interest to you, please contact Catherine M. Hirbour at catherine.hirbour@cshlaw.ca or call 902-667-8490.

A full profile of our firm can be found at http://www.cshlaw.ca

Life is too short to stay at a job you don’t love.

Highlander Law Group, a new firm in Tantallon, is seeking a lawyer interested in growing a family law practice. 

Our ideal candidate embodies ‘work hard, play hard’ and is looking for a firm that does more than pay lip service to ‘work/life balance’. Our firm has no arbitrarily imposed billable targets. We will work hard to help you build your practice at a pace you choose through internal referrals and a comprehensive marketing program. Ample admin support and modern support systems will also allow you the flexibility to work remotely if that’s more your style. To learn more about our firm, visit highlanderlaw.ca.

Compensation is negotiable. We are open to cost sharing, fee splitting or for the right fit, an ownership stake.

Contact info@highlanderlaw.ca in confidence for more information.

I am a foreign trained lawyer with eight years of experience and have recently passed the bar exam. Looking for a voluntary six month articling position before call to bar.

Email pmlaw13@gmail.com

A top 50 Best Employer in Canada, Stewart McKelvey is an innovative, client-driven law firm committed to providing the highest quality of ethical legal services, earning clients' trust and striving to meet and exceed expectations.

Since becoming the first regional law firm more than 20 years ago, Stewart McKelvey has grown to become one of the 20 largest law firms in Canada, with six offices across four provinces.

The firm invests in its people, technology and its business to ensure the continued delivery of the quality service that clients have come to expect from the firm. Driven by its commitment to out perform expectations, Stewart McKelvey is on the cutting edge of legal technology and process solutions. Tightly integrated within the firm’s workflows are innovative approaches to the practice of law and a desire to optimize service delivery.

Stewart McKelvey is looking for an Associate Lawyer to join our team in our Charlottetown, PEI office. The ideal candidate will have two to four years of practice experience. Candidates with strong interpersonal and communication skills will be given preference. Applicants should outline their experience working as a practicing lawyer as well as managing client matters independently.

Stewart McKelvey takes pride in providing exceptional service to our clients and our ability to offer Associates challenging legal work often found only in larger urban centres. We offer a collegial work environment, unsurpassed technical and professional support, a competitive compensation package and the opportunity to work with some of Atlantic Canada’s leading lawyers.

Please visit our website at stewartmckelvey.com to learn more about our firm. Interested applicants must be a member in good standing with a Canadian Law Society and should provide a resume and cover letter, by email, to hr@stewartmckelvey.com, including detail on the type of practice experience the applicant offers, by Tuesday, February 2, 2016.

If you have specific questions about this role, please contact Susan Hayes at shayes@stewartmckelvey.com or 902.490.8574. All inquiries will be held in strict confidence.

We thank all applicants for their interest. However, only those selected for an interview will be contacted.

No agencies please.

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

We are seeking an experienced lawyer for our Corporate/ Commercial/ Tax practice. This position will be based in our Halifax office.

The successful candidate will have 1-4 years’ minimum post-call experience either managing general corporate/commercial law files or corporate/commercial/tax law files including assisting clients with varied commercial, corporate and/or tax needs. We are looking for someone that has the ability to develop and maintain strong client relationships and client attraction.

The lawyer will focus on developing a strong client base and delivering high quality legal services including but not limited to:

  • General Corporate Commercial
  • Corporate Restructuring
  • Mergers and Acquisitions
  • Divestitures and Spin-offs
  • Estate planning and Succession

Must be a member in good standing of a provincial bar and eligible for membership in the Nova Scotia Barristers' Society.

Candidates must have strong communication skills, demonstrated ability to work both independently and as part of a team. We want to attract people who are committed to meeting the needs of our clients, are committed to the practice of law and committed to working at a firm that has the highest standards of practice.

Our lawyers work in a challenging and rewarding work environment that is motivating and supportive of their long term goals.

Interested candidates with a desire to grow their commercial/corporate/tax law practice should apply in confidence via email to Susan Shute at careers@pattersonlaw.ca.

Please note that only those candidates selected for an interview will be contacted. 

Cox & Palmer is a full-service, top-ranked Atlantic Canadian law firm with knowledge and experience clients rely on for solid legal solutions. The firm prides itself on a collegial work atmosphere and supportive team environment.  We hire self-motivated, team-minded individuals with a strong work ethic, integrity and a commitment to client service. Our Halifax office is currently seeking a lawyer for our Corporate & Commercial practice group with significant experience in securities transactions. Interest in start-ups is also valuable.  The successful candidate will have 3 to 5 years experience in:

  • mergers and acquisitions       
  • corporate finance (public and private)
  • public issuer continuous disclosure obligations
  • corporate law                         
  • corporate governance
  • venture capital and private equity

 SUMMARY OF RESPONSIBILITIES

  • Provide advice and representation to acquirers, targets, shareholder groups and financial advisors in a range of M&A transactions;
  • Engage in strategic business development to enhance existing client relationships and attract new clients;
  • Act as a mentor to junior associates and clerks;
  • Possess the ability to teach and present in a variety of contexts including in-house and external seminars, etc.

SKILLS AND QUALIFICATIONS

  • 3 to 5 years’ experience in securities law;
  • Knowledge of relevant legislation covering all areas of securities law;
  • A highly motivated self-starter who has the ability to work well both autonomously and in a team environment;
  • Attention to detail, proven organizational skills and an effective communicator;
  • A member of the Nova Scotia Bar (or the potential to become a member).

Recognized as one of the Best Places to Work in Atlantic Canada, Cox & Palmer, Halifax office provides a competitive compensation and benefits package including:

  • Health, dental, life and disability insurance;
  • Group RRSP;
  • Employer paid parking & professional membership fees;
  • Smartphone allowance;
  • Employee assistance program;
  • Annual health and fitness allowance.

Qualified candidates who are interested in this position should send a covering letter and resume by Friday, February 19, 2016 to:

Claude Baldachino
Director of Professional Development
Cox & Palmer
Suite 1100-1959 Upper Water Street,
Halifax, NS B3J 3N2
Direct: (902) 491 4453
cbaldachino@coxandpalmer.com 

Volunteer and Pro Bono

Nova Scotia Hearing and Speech Centres (NSHSC) is currently seeking a volunteer from the Nova Scotia Barristers’ Society to serve on our passionate and engaged Board of Directors. The Board of Directors meet monthly, in addition to periodic committee meetings.

Nova Scotia Hearing and Speech Centres, funded by the NS Department of Health and Wellness, is responsible for providing audiology services to Nova Scotians of all ages, and speech-language pathology (SLP) services to preschool children and adults.  NSHSC delivers integrated and standardized provincial services across 33 clinic sites, located in 24 communities. Since its inception in 1963, it is estimated that NSHSC has provided services to 400,000 Nova Scotians, recording over 1.5 million clinical visits. Nationally certified Audiologists and Speech-Language Pathologists with support from Communication Disorder Technicians, provide core services (prevention, diagnosis, and treatment) and collaborate with partners to deliver special programs (e.g. Autism, Stroke, Cochlear Implant). NSHSC is accredited with Accreditation Canada. For more information please refer to the NSHSC website www.nshsc.nshealth.ca.

Interested parties should email NSHSC at: info@nshsc.nshealth.ca

Upcoming Events
Event Date: Tuesday, January 19, 2016 - 11:00
 
Introduction to the “Immigrant-Friendly” Workplace
New webinar workshop
 
This 2-hour workshop explores the question “What makes a workplace supportive to immigrants?”
 
This workshop will cover 6 key topics:
  • Organizational leadership (by senior managers and directors)
  • Strategy and planning
  • Resource allocation and incentives (financial and non-financial)
  • Recruitment and retention
  • Accountability, transparency and participation
  • Typical behaviours and beliefs
  • Research has shown the more broadly an organization engages with inclusion the more successful the outcomes.
When you are ready to assess the ‘immigrant-friendliness’ of your own organization our staff can walk you through a Workplace Culture Assessment on the 6 above areas (takes approx 1 hour to complete) and then recommend any further supports that may be needed.
 
Workshops are live-streamed, making them available to anyone in Nova Scotia. This a funded program — no cost to employers. Registration is required.
 
To register for these workshops or for more information contact us at business@isans.ca.
Event Date: Wednesday, January 20, 2016 (All day) to Wednesday, January 27, 2016 (All day)

Registration is open until the Friday before the Online Land Registration Act training program.
The cost for this program is $600 plus HST and registrants have one week to complete the course.

Dates for next LRA course: Jan 20–27, 2016
Event Date: Wednesday, January 20, 2016 - 15:00 to 17:00

Interactive Legislative Drafting presentation followed by a social

The workshop will cover issues such as drafting style, plain language drafting, sentence structure, constraints on regulatory drafting and “top 10 rules for legislative composition”.

James and Rachel will explore the basic elements in their presentation, and intersperse individual drafting exercises throughout the session.

Speakers:

  • James Charlton, Legislative Counsel
  • Rachel Jones, Department of Justice

Presentation3:00-4:15 pm
Social: 4:15-5:00 pm

http://www.cbapd.org/details_en.aspx?id=NS_GOV_0116

Event Date: Thursday, January 21, 2016 - 02:30 to 05:00

This session will examine tax and legal matters related to the typical family trust utilized in Canadian estate planning. Concerns arising throughout the life cycle of the trust will be discussed, including the establishment of the trust, day-to-day operation of the trust, transition of family business, and windup of the trust. Common client issues, details of tax compliance, and other practical matters of operating a family trust will be addressed.

Event Date: Wednesday, January 20, 2016 - 17:30 to 20:30

The Financial Implications of Shared Parenting

Please join us at the Schulich School of Law on Wednesday, January 20, 2016, for the annual Family Law Mixer – a “meet and greet” with other local family law practitioners, Schulich faculty and interested students, this year co-hosted by the CBA-NS Family Law Section. This annual event has been a great success, giving students and practitioners alike the opportunity to mingle and connect.

Snacks and refreshments will be served.

The Family Law Mixer is from 7 – 8:30 pm in the Faculty Lounge, Room 312, Weldon Law Building, 6061 University Avenue. 

Panelists:

  • Karen Killawee (Patterson Law)
  • Daniel Walker (Coady Filliter)

Panel Moderator:

  • Peter McVey (Department of Justice)

http://www.cbapd.org/details_en.aspx?id=NS_FAM_0116

Event Date: Thursday, January 21, 2016 - 12:00 to 13:00

"DRUG AND ALCOHOL TESTING IN THE WORKPLACE"

Speaker:

  • Alison Bird, Cox & Palmer

http://www.cbapd.org/details_en.aspx?id=NS_CCA_0116

Event Date: Thursday, January 21, 2016 - 12:30

Moderators

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

Issues: Join Lancaster's experts as they explain how the most important decisions in workplace law from 2015 will affect you in the coming year. The panellists will also highlight significant legislative and policy developments from the past year. In addition to covering major legislative or jurisprudential developments that take place between the posting of this program and the air date of the audio, the following topics will be discussed:

Impact of Major Cases Decided Recently

Family Status·        

Partridge v. Botany Dental Corporation (Ontario Court of Appeal); SMS Equipment Inc. v. Communications, Energy and Paperworkers Union, Local 707 (Alberta Court of Queen's Bench): What is the proper test for establishing prima facie family status discrimination? Is the four-part test from the Federal Court of Appeal's Johnstone decision overly restrictive? How far does the legal obligation to self-accommodate go?

Privacy·        

Sault Area Hospital v. Ontario Nurses' Association (Ontario Grievance Arbitration); Health Sciences Association (Influenza Control Program Policy Grievance) v. Health Employers Association of British Columbia (British Columbia Grievance Arbitration): Are workplace influenza policies that impact on employee privacy a reasonable exercise of management rights?·        

Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ontario Grievance Settlement Board); Evans v. The Bank of Nova Scotia (Ontario Superior Court of Justice): Do employers have exposure on the basis of vicarious liability for an employee's unauthorized, intentional intrusion upon the privacy of another employee or third party? Are class actions for breach of privacy on the rise?

Wrongful and constructive dismissal·        

Potter v. New Brunswick Legal Aid Services Commission (Supreme Court of Canada):
How did the Supreme Court of Canada clarify the test for constructive dismissal in this case? What principles did the Court set out in relation to an employer's right to impose an administrative suspension? What did the Court say about whether bringing an action for constructive dismissal will result in a finding of resignation?·        

Fredrickson v. Newtech Dental Laboratory Inc. (British Columbia Court of Appeal); Morgan v. Vitran Express Canada Inc. (Ontario Court of Appeal): When is a wrongfully dismissed employee required to accept an offer of re-employment in order to mitigate his or her damages?

Federal Labour Law·        

Wilson v. Atomic Energy of Canada Ltd. (Federal Court of Appeal): What is the significance of the Federal Court of Appeal's decision in Wilson v. Atomic Energy of Canada Ltd. that federally regulated employers may dismiss employees on a "without cause" basis if the dismissal is not otherwise unjust? What is "unjust dismissal" under the Canada Labour Code if it is not dismissal without just cause?

Duty of good faith and honesty in contractual performance·        

Bhasin v. Hrynew and Heritage Education Funds Inc. (Supreme Court of Canada): What was the Supreme Court's rationale for extending the organizing principle of good faith and the duty of honest performance, implicit in employment contracts and collective agreements, to commercial dealings? How, if at all, has the decision in Bhasin had an impact in the employment context to date?

Damages for discrimination·        

CK v. University of British Columbia (British Columbia Supreme Court); Hamilton-Wentworth District School Board v. SF (Ontario Superior Court); OPT v. Presteve Foods Ltd. (Human Rights Tribunal of Ontario): In matters involving human rights violations, what trends are occurring in the amounts being awarded by tribunals and courts for general damages or damages for injury to dignity, feelings and self-respect?·        

Silvera v. Olympia Jewellery Corporation and Bazik (Ontario Superior Court); Partridge v. Botany Dental Corporation (Ontario Court of Appeal): How are courts applying s.46.1 of theHuman Rights Code, which allows employees to seek human rights remedies in wrongful dismissal actions?

Aggravated and/or punitive damages·        

DC v. IBM Canada Limitée (Québec Court of Appeal); Gordon v. Altus (Ontario Superior Court); Karmel v. Calgary Jewish Academy (Alberta Court of Queen's Bench); George v. Cowichan Tribes (British Columbia Supreme Court): In what circumstances are courts awarding aggravated and/or punitive damages?

Freedom of association under the Charter·        

Saskatchewan Federation of Labour v. Saskatchewan (Supreme Court of Canada); British Columbia Teachers' Federation v. British Columbia (British Columbia Court of Appeal):What did the Supreme Court of Canada rule in Saskatchewan Federation of Labour? Is legislation restricting the right to bargain and strike saved from a finding of a violation of freedom of association under the Charter if the government has consulted with the union in advance?

Major Legislative and Policy Developments·        

Strengthening worker protections (Ontario; Nova Scotia; Alberta): What protections for vulnerable workers were brought into effect by the coming into force, on November 20, 2015, of a number of amendments set out in Ontario's Bill 18, Stronger Workplaces for a Stronger Economy Act, 2014? What reforms to workplace laws are forthcoming as a result of the passage of Bill 109, the Employment and Labour Statute Law Amendment Act, 2015, in the Ontario legislature on December 10, 2015? What potential changes to Ontario's employment standards and labour relations legislation are being discussed as part of the province's Changing Workplaces Review? How will upcoming amendments to Nova Scotia's Labour Standards Code better protect workers from employer reprisal? What legislative measures have been taken in Alberta to enhance safety protections for farm workers?·        

Leaves of absence (Nova Scotia; Prince Edward Island; Manitoba): What new unpaid leaves of absence have been introduced in Prince Edward Island by Bill 39, An Act to Amend the Employment Standards Act, which received royal assent on December 2, 2015? How is the Nova Scotia government proposing to amend the leaves of absence provisions of the province's Labour Standards Code? What new domestic violence leave requirements are being proposed in Manitoba under Bill 8, The Employment Standards Code Amendment Act, which passed second reading on December 3, 2015?·        

Essential services legislation (Saskatchewan; Alberta): Does Saskatchewan's Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, which received royal assent on November 19, 2015, adequately address the Supreme Court of Canada'sSaskatchewan Federation of Labour decision? Why is the Government of Alberta conducting a consultation about public sector essential services legislation?

Restrictive legislation (Nova Scotia; Ontario): How is the Nova Scotia government proposing to address the province's fiscal challenges? Is Bill 148, the Public Services Sustainability (2015) Act, imposing wage restraints, susceptible to a Charter challenge? How will Bill 115, the Putting Students First Act, 2012 (since repealed), fare in the pending Charterchallenge before the Ontario Superior Court?·        

Promised repeal of new union disclosure and certification/decertification laws (Federal):Will the former Conservative government's Bill C-525 (eliminating card-check certification and creating a minority-driven decertification process) and Bill C-377 (imposing substantial financial reporting obligations on unions) be repealed, as promised, by Prime Minister Justin Trudeau?·        

Sexual violence and harassment (Ontario): How should employers prepare for the possibility of heightened duties with regard to workplace sexual violence and harassment, as proposed under Bill 132, the Sexual Violence and Harassment Action Plan Act?·        

Accessibility (Ontario; Manitoba): What new accessibility standards are in effect under Ontario's Accessibility for Ontarians with Disabilities Act and Manitoba's The Accessibility for Manitobans Act?·        

Police record checks (Ontario): How will Bill 113, the Police Record Checks Reform Act, 2015, restrict the use of criminal record checks in Ontario once it is proclaimed into force?·        

The Ontario Retirement Pension Plan (Ontario): What are the main features, benefits and drawbacks of the new Ontario Retirement Pension Plan (ORPP)? How will the ORPP be phased in? 

Information: www.lancasterhouse.com

Event Date: Wednesday, January 20, 2016 - 17:00
 
Race, Place & Waste: Exploring the Health Effects of Environmental Racism in African Nova Scotian & Mi'kmaw Communities
 
Wed. Jan 20, 2016 @ 5-6pm
 
Featuring Dr. Ingrid Waldron, Dalhousie School of Nursing
 
Please join Dalhousie's Dr. Ingrid Waldron as she talks about the Environmental Noxiousness, Racial Inequities and Community Health – or ENRICH – Project, which aims to understand the health effects of environmental racism in African Nova Scotian and Mi'qmak communities, and to support their struggles against it.
 
Ingrid will be engaging with theories of white settler colonialism, capitalism, and the racialization of space to explore the ways in which environmental racism and environmental health inequities manifest within broader socio-political structures in Nova Scotia. 
 
Global Health Rounds is a free public lecture series, focused on highlighting and discussing the global health activities at Dalhousie, as well as contemporary global health challenges with leaders in the field. These sessions are offered monthly, and anyone is welcome (and encouraged) to attend.
 
Event Date: Wednesday, January 20, 2016 - 17:00

Family Law: Child support when custody is shared

Join Peter McVey as he moderates a panel comprised of 

  • Ms. Karen Killawee, (Patterson Law)
  • Mr. Daniel Walker (Coady Filliter
  • Prof. Rollie Thompson 

As they discuss how child support in shared custody situations is determined by the Family Court

To be followed by our Annual Family Law Mixer at 6:30 PM 

http://www.dal.ca/faculty/law.html

 

Event Date: Tuesday, January 26, 2016 - 12:30

Moderators

Issues: In the accommodation process controversy frequently arises over whether the opinion provided by the employee's treating healthcare professional is sufficient for accommodation. Disputes can also arise when employers receive inconsistent opinions from a single healthcare provider or different opinions from multiple healthcare providers or when the recommendations of an independent medical examination (IME) conflict with those proffered by a treating professional. Similar situations arise in the context of workers' compensation claims. In this session a panel of experts will explain how to assess medical information for adequacy and objectivity and will provide advice as to when a second opinion is required, what that second opinion should look like and how much weight opinions from different healthcare professionals should receive.·        

Accommodation: What is the scope of the opinions and advice treating practitioners are entitled to provide during the accommodation process? For example, should they be recommending specific accommodations? In the accommodation process are employers entitled to routinely challenge the opinion of an employee's treating general practitioner (GP) or is there a presumption that information from a GP should generally be sufficient for the purposes of accommodation? If there is a presumption against requiring an employee to be assessed by someone who is not treating the employee, does it apply to information provided by other treating healthcare providers (for example, the opinion of a psychologist treating an employee for a mental health issue or the opinion of a chiropractor or physiotherapist treating an employee for back pain)? Should a GP's opinions be more closely scrutinized in situations involving certain conditions or disorders? For example, in situations involving mental health issues is information from a family doctor sufficient, or should an employer seek information from a specialist (e.g. a psychologist or a psychiatrist)? If an employee provides information from a treating specialist, is the employer more constrained in its ability to challenge the treating professional's opinion or advice?·        

Assessing medical information: What are hallmarks of a professional who is acting as an employee's advocate? Should employers always challenge the opinion of a treating healthcare professional who is acting as an advocate or is a certain amount of advocacy to be expected or even desired? What are indications that a treating professional's opinion should not be given much weight? If an employer demands that the employee see a professional other than the employee's treating professional, must the employer explain why it does not accept the treating professional's opinion? If the employer rejects the opinion of the treating professional, who pays for the second opinion? Is there a general consensus in the caselaw that IMEs should be a "rare" occurrence, and are only to be requested as a "last resort" after other sources of information have been exhausted? If so, what are those 'other sources of information' that must be exhausted?·        

Weighing conflicting evidence: Do adjudicators evaluate evidence according to a "hierarchy of healthcare professionals" whereby they automatically prefer the evidence of one type of professional over another? For example, does a specialist opinion always trump a GP's opinion? Does the opinion of a psychiatrist who has seen an employee once carry more weight than the opinion of a counsellor who is treating the employee? Are arbitrators inclined to prefer the evidence from an IME over the evidence of a treating professional or vice versa? What factors will arbitrators rely on to choose the evidence of one expert over another? When, if ever, will an arbitrator order an IME to resolve a conflict in existing medical evidence? Will an arbitrator order a second IME if the employer's evidence already contains the results of an IME conducted at the employer's request before the hearing? If an arbitrator orders an IME, who pays?

Information: www.lancasterhouse.com

Event Date: Wednesday, January 27, 2016 - 12:00

Giving great advice means recognizing, anticipating and reacting to the latest developments. Equip yourself to do just that by joining us annually for our seminar on marketing, advertising and the law. Stay current in this dynamic field with practical, in-depth and innovative strategies and solutions from practice leaders and industry experts. Gain the knowledge you need to dispense legal advice that encourages marketing innovation while minimizing legal risk.

Event Date: Thursday, January 28, 2016 - 08:30 to Friday, January 29, 2016 - 16:30

The Mid-Winter Conference will take place on Thursday, January 28th and Friday, January 29th, 2016. We offer two full days of concurrent sessions which will fulfill your 12 hour mandatory continuing professional development (CPD) hours.  

http://www.cbapd.org/details_en.aspx?id=NS_MIDWIN_16

Event Date: Thursday, January 28, 2016 - 18:00 to 21:45

This year's Bench and Bar Reception and Dinner will take place on Thursday, January 28th with special guest Justice Murray Sinclair, Court of Queen’s Bench of Manitoba and the Chair of Canada’s Indian Residential Schools Truth and Reconciliation Commission.

The evening will include the presentation of our Distinguished Service Award. Live entertainment will be provided by Port Cities.

http://www.cbapd.org/details_en.aspx?id=NS_BB_2016

Event Date: Thursday, January 28, 2016 - 02:30

Immigration law has undergone myriad changes over the past decade, and the pace of change continues apace. For the busy practitioner, staying abreast of it all requires the acquisition of legal updates and know-how in as efficient a manner as possible. Thus, whether a seasoned professional or just starting out, highly specialized or doing it all, this program annually provides a pithy, practice-oriented approach to the enhancement of your knowledge and skills.

Event Date: Thursday, January 28, 2016 - 12:00

Intellectual Property rights deliver substantial benefits to holders, and due to their nature, also possess substantial challenges related to misappropriation. Pithy and information packed, with easily accessible, relevant, and re-visitable information for the busy practitioner, our annual early year program on this area of law covers currently relevant topics, explores practice challenges, and provides updates and insights for practitioners of various levels of experience.

Event Date: Friday, January 29, 2016 - 02:30

Join us for an afternoon of practice-oriented presentations, perspectives and discussions in international trade law. Annually, our faculty bring together the most salient topics, relevant developments, and expert insights, ensuring a program focussed on the practice needs of practitioners both versed and interested in international trade law.

Event Date: Friday, January 29, 2016 - 12:00

Premised on the ideals of access to justice, judicial economy and behaviour modification, class actions have become a key element of our civil justice system. Our annual program on the subject brings together seasoned civil litigators for an exploration of trends, timely topics, best practices and jurisprudence. We believe we have succeeded in fashioning an annual program that is pithy and information packed, making it ideal for the busy litigator.

Event Date: Friday, January 29, 2016 - 12:00 to 13:30

Superbugs Attack! How the World Can Win the War on Antimicrobial Resistance

  • Steven Hoffman, Global Stretegy Lab, Faculty of Law, University of Ottawa

All welcome!
No registration. Free.
Light lunch set out by noon in Rm 312.
Time will be allotted for questions and discussion.

This series is hosted by the Dalhousie Health Law Institute with sponsorship from the Schulich School of Law and the CIHR Training Program in Health Law, Ethics, and Policy (hlep.ca).

Event Date: Saturday, January 30, 2016 - 17:30

The Social Justice Soiree is coming on Saturday January 30!

The evening will consist of a buffet dinner including wine, presentation of the Irving and Ruth Pink Award for Youth Development and Social Justice, dance with the band Unidentified Funk Object entertainment and more! MC Peter Harrison will be hosting this year and we're happy to have Emma Halpern, Equity Officer with the Nova Scotia Barrister's Society giving a keynote on social justice in Nova Scotia.

Single ticket cost: $125 (this includes a $60 donation to the clinic for which you will receive a tax receipt)

Student: $65

Table of 10: $1000 (Save on a full table!)

Tickets can be purchased from http://sjs2016.brownpapertickets.comIf you would prefer to pay by cash or cheque please contact Reena Davis at reena.davis@dal.ca or 902-423-8105.

Event Date: Monday, February 1, 2016 - 19:00

St. Francis Xavier University’s Department of Sociology presents the 6th Annual Dr. Agnes Calliste African Heritage Lecture 
 
“Polluted Places: A Socio-Spatial Analysis of Environmental Racism in Nova Scotia”
 
Keynote lecture by: 
  • Ingrid Waldron, Ph.D., Assistant Professor
    School of Nursing, Faculty of Health Professions, Dalhousie University
There is a history in Nova Scotia of rendering mute the complex and specific ways in which race and class get written into environmental policies that dictate where and how polluting industries and other environmental harms are located. Environmental decision-making and local land-use planning operate at the intersection of science, economics, politics, and special interests in ways that put the health and socio-economic well-being of communities of colour at risk. Therefore, there is a need to look at the interrelationship between white settler colonialism, race, class, power, environment, vulnerability, and health. 
 
In this keynote lecture Dr. Waldron will discuss the following:
  • How racial meanings become embedded in decisions about where polluting industries and other environmental threats are located;
  • How low income, institutional and systemic racism, and a lack of political power and representation contribute to and sustain environmental racism;
  • How environmental racism reflects the ways in which the State has governed subjects differently based on hierarchies of race, class, income, and gender;
  • How environmental racism is shaped by and shaping interactive relations of coloniality;
  • How environmental racism impacts health and socio-economic well-being in Mi’kmaw and African Nova Scotian communities; and
  • How alliances and solidarities can be fostered among differently positioned people of colour, Indigenous peoples, and white allies to build the necessary political power to address environmental racism in this province. 
Monday, February 1st, 2016 at 7 pm
Auditorium SCHW 110, Schwartz School of Business, St. Francis Xavier University, Antigonish
 
Reception to follow
 
Sponsored by Department of Sociology, Dean of Arts, Human Rights & Equity Advisor, Associate Vice-President Research Office, Dean of Education, Dean of Science, Dean of Business, Office for Students of African Descent, Academic Vice-President
Event Date: Tuesday, February 2, 2016 - 08:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16LAB0202C

Event Date: Tuesday, February 2, 2016 - 08:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16BKT0202C

Event Date: Tuesday, February 2, 2016 - 08:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16MED0202C

Event Date: Tuesday, February 2, 2016 - 08:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16INS0202C

Event Date: Tuesday, February 2, 2016 - 13:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16IMM0202C

Event Date: Tuesday, February 2, 2016 - 13:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16PEN0202C

Event Date: Tuesday, February 2, 2016 - 13:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16BUS0202C

Event Date: Wednesday, February 3, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16TEC0203C

Event Date: Wednesday, February 3, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16NAT0203C

Event Date: Wednesday, February 3, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16FRA0203C

Event Date: Wednesday, February 3, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16EDU0203C

Event Date: Wednesday, February 3, 2016 - 11:30

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16CYL0203C

Event Date: Wednesday, February 3, 2016 - 11:30

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16WLF0203C

Event Date: Wednesday, February 3, 2016 - 12:00 to 13:00

Physician-Assisted Dying: A Nova Scotia Perspective

Speaker:

  • Karen Pyra, Director of Health Policy and IT Strategy with Doctors Nova Scotia

http://www.cbapd.org/details_en.aspx?id=NS_HEA_0216

Event Date: Wednesday, February 3, 2016 - 14:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16ABO0203C

Event Date: Wednesday, February 3, 2016 - 14:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16TAX0203C

Event Date: Wednesday, February 3, 2016 - 14:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16LPM0203C

Event Date: Wednesday, February 3, 2016 - 14:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16ADR0203C

Event Date: Wednesday, February 3, 2016 - 16:30

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16YLD0203C

Event Date: Thursday, February 4, 2016 - 07:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16GEN0204C

Event Date: Thursday, February 4, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16HEA0204C

Event Date: Thursday, February 4, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16RPR0204C

Event Date: Thursday, February 4, 2016 - 12:30

Moderators

Issues: The effects of domestic violence often extend beyond the home, impacting the employee at work and potentially compromising the safety of co-workers. In this session, experts will review legal obligations and best practices for addressing domestic violence in the workplace, focusing on the practical steps that employers and unions can take to support employees who experience domestic violence and ensure a safe work environment for all employees. 

Context: What constitutes domestic violence? How prevalent is domestic violence in Canada? What are some of the potential workplace implications of domestic violence? ·        

Recognizing domestic violence at work: How can employers, unions, and co-workers recognize when an employee is experiencing domestic violence? Are there specific behaviours or warning signs to look for? What steps should be taken by workplace parties if they notice warning signs of domestic violence, or if a worker discloses abuse? What type of language should be used when raising the issue? Should the term "victim" be avoided? How should employers, unions, and co-workers deal with the issue of denial in the face of warning signs? How can employers and unions conduct a risk assessment regarding domestic violence? ·        

Understanding legal obligations: What legal obligations are imposed on workplace parties to prevent, investigate, and respond to domestic violence in the workplace? How should the duty to ensure a safe workplace for all employees be balanced against an individual's right to privacy? ·        

Workplace policies and safety plans: What are the key elements of a workplace domestic violence policy? What type of reporting, investigation, and follow-up procedures should be considered? What should be included in a workplace safety plan? Should a personal safety plan be developed if there is a known victim/survivor of domestic violence in a workplace? If so, what should parties consider including in such a plan?·        

Appropriate resources: What type of alternative work arrangements might be appropriate for an employee who is experiencing domestic violence? Should workplace parties suggest or refer an employee to community resources that may be available? If so, how should employers and unions identify such resources?·        

Education and training: What are some best practices for educating and training staff about domestic violence?·        

Two employees, one workplace: What steps should be taken by the employer and union when two employees are involved in a domestic violence situation with each other? In what circumstances can an employer discipline the abuser?

Information: www.lancasterhouse.com

Event Date: Thursday, February 4, 2016 - 13:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16TRU0204C

Event Date: Thursday, February 4, 2016 - 13:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16ADM0204C

Event Date: Friday, February 5, 2016 - 07:45

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16CON0205C

Event Date: Friday, February 5, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16COR0205C

Event Date: Friday, February 5, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16FAM0205C

Event Date: Friday, February 5, 2016 - 13:30

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16CHA0205C

Event Date: Friday, February 5, 2016 - 17:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16MUN0205C

Event Date: Friday, February 5, 2016 - 19:00

Dean Camille Cameron and the Social Activist Law Students Association (SALSA) Schulich School of Law cordially invites you to attend   
IDEALAW 2016: ADDRESSING ACCESS TO JUSTICE 
  
Keynote Lecture 
  • The Honourable Mr. Justice Thomas Cromwell, Supreme Court of Canada  
Friday, February 5, 2016 
Paul O’Regan Hall, Halifax Central Library 
5440 Spring Garden Rd., Halifax, NS  B3J 1E9
 
Keynote Lecture 7:00pm | Reception 8:00pm
By donation 
 
 
RSVP by Fri., Jan. 29 to lawdean@dal.ca or 902-494-2114 
Event Date: Saturday, February 6, 2016 - 09:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16CRI0206C

Event Date: Tuesday, February 9, 2016 - 12:00 to 13:00

Access to Justice: Considering Changes to the Small Claims Court Act

Speaker: 

  • Augustus M. Richardson, C.Arb., Q.C., Chair of CBA-NS Legislative and Law Reform Section

http://www.cbapd.org/details_en.aspx?id=NS_INS_0216

Event Date: Tuesday, February 9, 2016 - 12:00 to 13:00

The Procedure for Proclaiming Legislation

Speakers:

  • Tina Hall, Department of Justice
  • Janice Brown, Barrister & Solicitor
  • Karen Kinley, Legislative Counsel

http://www.cbapd.org/details_en.aspx?id=NS_GOV_0216

Event Date: Tuesday, February 9, 2016 - 14:00
 
Introduction to Workplace Culture
Offered at ISANS or by distance via live-stream
 
In this 2-hour workshop, you will be led in a discussion on culture and the workplace and see the direct relationship between your organization’s success and the building of a cross-culturally inclusive workplace.
 
Objectives – by the end of this workshop you will have:
  • an enhanced understanding of your organization’s unique culture
  • a greater appreciation of the value immigrants can bring to your organization
  • an overview of ISANS, the Employer Support Services offered and specifically the Workplace Culture Program

Workshops are live-streamed, making them available to anyone in Nova Scotia. This a funded program — no cost to employers. Registration is required.

To register, please contact business@isans.ca

Event Date: Thursday, February 11, 2016 - 12:30

Moderators

Issues: With the Supreme Court of Canada set to weigh in on the issue of non-disciplinary terminations under theCanada Labour Code, and in light of that court's recent clarifications on the matter of non-disciplinary suspensions, Lancaster's experts will review fundamental and developing principles relating to administrative suspensions and dismissals in unionized and non-unionized workplaces. Questions to be addressed will include: ·        

Non-disciplinary suspensions: In what circumstances can a suspension be imposed on an employee for administrative or non-disciplinary reasons? How did the Supreme Court of Canada, in Potter v. New Brunswick Legal Aid Services, clarify the law in relation to an employer's common law right to impose an "administrative" suspension on an employee for reasons related to the employee's conduct? What factors will courts look to in determining whether an administrative suspension is just and reasonable? Are the same considerations applicable in the unionized context? ·        

Non-disciplinary terminations under the Canada Labour Code: Are non-disciplinary terminations permissible under the Canada Labour Code so long as notice or pay in lieu of notice and severance pay are provided? Does the Code require dismissals to be "for cause"? What is "unjust dismissal" under the Code if it is not dismissal without just cause? What is the significance of the Federal Court of Appeal's decision in Wilson v. Atomic Energy of Canada Ltd. that federally regulated employers may dismiss employees on a "without cause" basis if the dismissal is not otherwise unjust? What labour relations consequences are expected to result from the decision being upheld (or denied) by the Supreme Court of Canada on appeal? ·        

Discharge for innocent absenteeism: When can an employee with a disability be discharged for non-culpable or innocent absenteeism? How do human rights considerations factor into the arbitral test used to determine whether dismissal for innocent absenteeism is justified? To what extent has the common law doctrine of frustration of contract been altered by the statutory duty to accommodate a disabled employee? Does frustration of contract due to illness relieve an employer of its obligation to pay severance and termination pay under employment standards legislation, or under a collective agreement? What constraints are there upon an employer in discharging an employee for innocent absenteeism (e.g. notice, benefit loss, etc.)? Is active termination by the employer required to trigger severance entitlements where an employment contract is frustrated due to employee illness or injury? ·        

Discharge for poor performance: How does the standard of just cause differ as between disciplinary and non-disciplinary termination? When will poor performance justify discharge in unionized and non-unionized workplaces? What steps must employers take prior to dismissing an employee for poor performance? When, if ever, will discharge be justified if substandard performance is due to a protected ground under human rights legislation (e.g. disability, family status, etc.)?

Information: www.lancasterhouse.com

Event Date: Tuesday, February 16, 2016 - 09:00
 
Introduction to the “Immigrant-Friendly” Workplace
New webinar workshop
 
This 2-hour workshop explores the question “What makes a workplace supportive to immigrants?” 
 
This workshop will cover 6 key topics:
  • Organizational leadership (by senior managers and directors)
  • Strategy and planning
  • Resource allocation and incentives (financial and non-financial)
  • Recruitment and retention
  • Accountability, transparency and participation
  • Typical behaviours and beliefs
  • Research has shown the more broadly an organization engages with inclusion the more successful the outcomes.
When you are ready to assess the ‘immigrant-friendliness’ of your own organization our staff can walk you through a Workplace Culture Assessment on the 6 above areas (takes approx 1 hour to complete) and then recommend any further supports that may be needed.
 
Workshops are live-streamed, making them available to anyone in Nova Scotia. This a funded program — no cost to employers. Registration is required.
 
To register for these workshops or for more information contact us at business@isans.ca.
Event Date: Wednesday, February 17, 2016 - 12:00 to 13:00

Trans Rights: Gender Identity and Gender Expression under the Human Rights Act

Speaker: Alison Bird, Cox & Palmer

http://www.cbapd.org/details_en.aspx?id=NS_SOGI_0216

 

Event Date: Wednesday, February 17, 2016 - 12:00 to 13:00

Provincial Crown Lands
Rescheduled from November 18, 2015

A solicitor with the Nova Scotia Department of  Justice will discuss points that real estate lawyers may have to consider when dealing with Crown Lands. 

Speaker: 

  • Mark Rieksts, Nova Scotia Department of Justice

http://www.cbapd.org/details_en.aspx?id=NS_RP_0216

Event Date: Thursday, February 18, 2016 (All day) to Friday, February 19, 2016 (All day)

This year’s leadership retreat focus will be on the 2 questions all great leaders ask themselves continuously:

  • Am I leader worth following?
  • Am I building teams built to last?

The challenge of leadership is to continue to grow in your Competency, Commitment, and Character while simultaneously ensuring that your team is Engaged, Empowered, and Equipped. This retreat will be a time for you to reflect on your own leadership and develop insights and tools to become a more effective leader.

Presented by ACHIEVE Training Centre. For more information or to register please visit:
https://ca.achievecentre.com/workshops/achieve-leadership-retreat-feb-2016/

Event Date: Tuesday, February 23, 2016 - 12:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16TRU0223T

Event Date: Tuesday, February 23, 2016 - 17:30

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16RPR0223T

Event Date: Thursday, February 25, 2016 - 02:00

Learn how to understand and communicate financial concepts with ease! Debits and credits. Cash and accrual accounting. Financial ratio analysis. Net present value. Do you understand these concepts? Can you communicate them effectively to others? Successfully representing your clients, no matter what area of law, requires a foundational understanding of financial concepts. Lawyer and finance professor Ed Adams will give you the confidence that comes with increased financial fluency! The presenter of North America’s most popular legal-finance course, MBA Concepts for Lawyers, breaks new ground and provides valuable insights that will make you a better and more effective advocate.After attending this seminar you’ll be able to:

  • Create and interpret the “big three” financial statements
  • Understand basic and more advanced accounting principles
  • Read and comprehend an annual report
  • Have increased knowledge to help you ask penetrating questions
  • Identify financial and legal red flags

Lawyers who understand key financial concepts – now more than ever – promise to thrive in their careers. Don't get left behind.

https://ers.snapuptickets.com/ers/online-registration-conference.cfm?y=ZWlkPTE1MTUmbGFuPWVuZw==

Event Date: Thursday, February 25, 2016 - 12:30

Moderators

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

Issues: As medical marijuana use continues to rise across Canada, employers and unions will be called upon to address workplace marijuana use with increasing frequency. In this session, Lancaster's experts will discuss how the obligation to accommodate employees with disabilities should be balanced with the duty to ensure a safe workplace, and provide practical tips on crafting effective and enforceable marijuana use policies. The panelists will address such issues as:·        

Understanding medical marijuana: How many Canadians are registered to use medical marijuana with Health Canada? Is this number expected to rise? What are the medical conditions for which marijuana is typically prescribed? What symptoms does it help alleviate? Is there an average recommended dose, or does this vary widely? What are some common side effects of marijuana use? ·        

Disclosing marijuana use: In what circumstances, if any, are employees required to disclose that they use medical marijuana? ·        

Balancing accommodation and safety obligations: What safety hazards might be posed by medical marijuana use on the job? Does a prescription for medical marijuana use entitle an employee to be impaired at work? Does the answer depend on whether the workplace or position is safety-sensitive? What type of medical information should be requested to determine whether an employee can safely and effectively perform his or her job? Is a prescription pad note sufficient? How is impairment measured? ·        

Considering specific accommodations: Are authorized users entitled to smoke in the workplace? If so, should a designated smoking area be provided to ensure the employee's privacy and/or prevent passive marijuana inhalation by tobacco smokers? Should employees be asked whether they can ingest marijuana in another form, rather than smoking it, such as eating it or vaporizing it? If an employer denies a request to use medical marijuana on the job, what other types of accommodation may be appropriate? Leaves of absence? Modified work schedules? ·        

Crafting workplace policies: Should workplace parties develop a specific policy for medical marijuana use, or a more general drug policy that addresses the use of any prescription medication (including marijuana)? What elements should be included in such a policy? How should terms such as "impairment," "intoxication," and "under the influence" be defined? Should the policy require employees to report their use of medical marijuana during work hours? In what circumstances, if any, are zero-tolerance policies for medical marijuana permissible? Is random drug testing allowed? If so, how is impairment measured?

Information: www.lancasterhouse.com

Event Date: Monday, February 29, 2016 - 08:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16WCB0229C

Event Date: Tuesday, March 8, 2016 - 02:00

Join us for one of the most practical and useful programs you’ll ever attend! North America’s leading expert in negotiations and settlement will teach you how to reduce stress and conflict, obtain better settlement results, and have more satisfied clients. The ability to negotiate effectively is one of the most important skills a lawyer can develop.

Every day you negotiate on behalf of your clients, your firm or yourself. Every file you open, regardless of your practice area, will require you to negotiate key issues before you can conclude the matter successfully. You can learn to be a better negotiator! It’s all about confidence. Understanding the negotiation process reduces the fear of the unknown – it alleviates the stress of not knowing how to respond to a difficult opponent and makes it easier to deal with threats and demands.

After just three hours with Charles Craver, you’ll have new negotiating techniques in your toolkit, and know how to deal with even the worst attacking adversary, and retain control of the process. A half hour ethics session addresses real-world situations you’re sure to face.

Register early to guarantee your seat!
https://ers.snapuptickets.com/ers/online-registration-conference.cfm?y=ZWlkPTE1MTYmbGFuPWVuZw==

Event Date: Tuesday, March 8, 2016 - 13:00

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16RPR0308C

Event Date: Wednesday, March 9, 2016 - 08:30

For information on this event, please visit our program page at the link provided:
http://cbapd.org/details_en.aspx?id=ON_16YLD0309C

Event Date: Wednesday, March 16, 2016 - 08:00 to Saturday, March 19, 2016 - 20:00

Join LIANS for ABA TECHSHOW® 2016 Conference and EXPO (March 16-19 in Chicago), where lawyers, legal professionals and technology come together. Through the EXPO Hall, CLEs, and presentations, ABA TECHSHOW teaches you how technology can work for you. Learn to manage your business more efficiently, find new clients, and secure your data; even best practices and timesaving tips on the software you use daily. ABA TECHSHOW is dedicated to helping you understand what technology will best suit your needs, and is formatted for “Beginners through to the Techiest of Techies”. This year’s topics include, but are not limited to:

  • Social media and technology policies in the workplace
  • Sessions for Windows and Macs/iOS users
  • Improve client service using technology
  • Security awareness and phishing
  • Running a paperless office

Attend the Conference on a full SuperPass – with ten registrations, each member will pay only $499.50 USD per person! Contact Stacey Gerrard with your intent to attend, and she will coordinate payment with one cheque or credit card number for the registration fee (Code EP1622). Early registration deadline is February 8, 2016.

For additional information, contact Stacey Gerrard, LIANS Counsel, 902 423 1300 x 345 or sgerrard@lians.ca.

View Standard Content