September InForum - Nova Scotia Barristers’ Society

September InForum: Solo & Small Firm Conference Sessions, 2020 QC Appointments & more

Table of Contents

NSBS & LIANS Solo and Small Firm Virtual Conference

Join the Society & LIANS Thursday, November 5th, 2020 from 9:00 AM-4:00 PM for the 12th annual Solo and Small Firm Conference.

You’re invited to attend this virtual conference in the morning (9:00 AM-12:00 PM), in the afternoon (1:00-4:00 PM) or all day (9:00 AM-4:00 PM).

This event, typically held in person at a cost, will be a free online event hosted via Zoom & sessions may be eligible to count towards your annual CPD.

The current session line-up includes:

Ernst and Young on recent tax rule changes to ‘Work in Progress’;
current LRO developments with Theresa Graham, Registrar General;
Lawrence Rubin, LIANS Director of Insurance on Claims Process, on Office Management and Cyber/the New Cyber Insurance Coverage;
Marcelline Madamombe, NSBS Trust Assurance, on the new rules that address the risks associated with holding old balances in trust and Rob McCleave, NSBS Legal Service Support, will share practical tips for reducing old balances in a manageable way;
Elaine Cumming, NSBS Professional Responsibility Counsel and Bernadine MacAulay, NSBS General Counsel will review the new regulations for cash transactions, client identification and verification, and trust accounts and they’ll also speak to best practices for remote client ID and verification via video technology;
a wellness session with Homewood Health™; and
a panel discussion on current equity issues including Angela Simmonds, NSBS Equity & Access Manager, on identifying and mitigating your biases in practice; Michelle Kelly, Chair of the NSBS Gender Equity Committee, on what we learned from the NSBS member survey on gender discrimination and harassment; and the NSBS TRC Working Group on resources available to lawyers and firms to build their cultural competence.

More sessions will be added. The recorded video sessions will also be available after the event for those who cannot attend.

Registration and additional session details coming soon!

Submit an Expression of Interest for the Professional Standards (Family Law) Committee

The Society’s Professional Standards (Family Law) Committee is seeking members, including collaborative family law practitioners, who have:

considerable practice experience from family law bars or in law firm management;
an understanding of the role the Society’s professional standards play in enhancing the quality of practice; and
a commitment to developing professional standards that will both assist lawyers in their practices and are practical in setting.

This committee develops standards for approval by Council that will enhance the quality of practice of the profession and law office management. Currently, the committee is revising standards, considering possible new standards, and examining the TRC recommendations in relation to its work.

Committee members meet approximately once every two months and members can participate via conference call. If assigned develop a standard, additional time for research, drafting, editing, etc. will be required, which may range from 15-20 hours total on average.

If you’re interested in being considered for appointment to the Professional Standards (Family Law) Committee, please send the following to Katie Lister, Governance, Policy & Planning Advisor, at [email protected] by October 21, 2020:

A completed Skills & Attributes Matrix
A brief expression of interest (max. 1 page)
A brief resume (1-2 pages)

We value diversity on our committees and welcome applications from all employment equity groups.

Questions? Please contact Katie Lister, Governance, Policy & Planning Advisor, at [email protected].

Nominate a Lawyer for the Distinguished Service Award by Sept. 28

The Society’s Distinguished Service Award, established in 1999, is presented to a member of the Society who has made significant contributions to the community and the profession. It is open to both practising lawyers and non-practising members (including retired and life members). In some circumstances, it may be granted posthumously.

The Distinguished Service Award Committee reviews the nominations and makes a recommendation to Council based on these considerations:

Integrity
The recipient is of unimpeachably good character, with a reputation for the highest professional integrity.

Professional Achievement
The recipient is amongst the leaders in the practice of law or the academic realm.

Service to the Profession
The recipient has made long-term, exceptional volunteer contributions to elevate the legal profession through work with one or more of the following: the Society, the justice system, legal scholarship or otherwise.

Community Service
The recipient is an outstanding contributor to the community, through volunteer service and a commitment to making the world a better place.

Reform
The recipient has made an outstanding contribution to the betterment of the law or the improvement of the justice system.

Overall
The recipient espouses the highest ideals of the legal profession and is a person to whom all members can look for inspiration.

Members of the Society and the public may nominate a lawyer by completing the nomination form by September 28, 2020.

DSA Nomination Form

Questions? Please contact Katie Lister, Governance, Policy & Planning Officer, at [email protected].

2020 Queen’s Counsel Appointments

In the fall of this year the Advisory Committee on Queen’s Counsel Appointments, chaired by the Honourable Justice Cindy A. Bourgeois, will consider candidates for the next Queen’s Counsel appointments.

The QC designation is awarded each year to members of the legal profession to recognize exceptional merit and outstanding contribution to the legal community.

The criteria are outlined in the information form.

To be considered as a candidate for a Queen’s Counsel appointment, you must apply pursuant to the request of a given year. The Committee will not consider applications or nominations from previous years.

Please do not fax or send these forms to the Society.

Please mail or courier theses forms to:
Advisory Committee on Queen’s Counsel Appointments
c/o The Honourable Justice Cindy A. Bourgeois
The Law Courts, 1815 Upper Water Street
Halifax NS B3J 1S7

The deadline for applications and nominations is 4:00 pm on Wednesday September 30, 2020.

Recognizing the Anniversary of the Donald Marshall Decision

September 17th marks the anniversary of the ground breaking Supreme Court of Canada decision of Donald Marshall Jr.’s treaty right to fish and earn a “moderate livelihood” from the fishery and hunting. Marshall argued that his aboriginal rights entrenched in the 1760-1761 treaties with the British Crown exempted him from fisheries regulations and the high court agreed. The SCC, due to unrest, later issued a clarification of its earlier decision which underscored that the court’s ruling applied only to the fisheries and not to all natural resources and that the government could restrict aboriginal fishing rights in the interests of conservation.

Donald’s Marshall Jr. experiences with the criminal justice system and recommendations from the Inquiry continue to guide the Society’s equity and access work. His life’s work grounds us in ensuring that that we create a legal profession that reflects the public it serves and provides legal services free from discrimination and anti-racism.

To learn more, watch this video recognizing the 20th Anniversary of the Marshall Decision. This conference was hosted in September 2019 & the video was streamed live from the Membertou Trade and Convention Centre.

Lawyers’ Insurance Association of Nova Scotia

Changes in Category: July 30, 2020-September 24, 2020

In every issue of our newsletter InForum, we provide updates on category changes.

Welcome to the following articled clerks:

Diedre Claire Alexander

Hilary Patricia Angrove

Jordan Elizabeth Archibald

Duan Jamal Ash

Chelsea Winsome Barkhouse

Jenny Katherine Boehner

Colin Joseph Boyd

Ryan Matthew Chute

Claudia Covalciuc

John James Creighton

Petrus de Bruijn

Calvin Scott DeWolfe

Savannah Jo DeWolfe

Sarah Jacqueline Dobson

Sarah Blair Douglas

Noah MacLean Entwisle

Deirdre Mairead Festeryga

James Murray Galsworthy

Julia Marie Goodwin

James Daniel Gorman

Charlotte Nicole Henderson

Lloyd Daniel Hogan

Emily Jean Hunter

Cydney Lynn Kane

Raylene Jessica Langor

Ian Lauchlin MacKinnon

Sarah Lindsay MacLeod

Erin Elizabeth Mitchell

Colleen Mary Morley

Chee-Wang Ng

Christopher Ryan O’Connor

Dominique Kathleen Perinchief

Alexander Campbell Rimmington

Connor Daniel Rogers

Daniel Robert Roth

Magdalene Isabella Sequeira

Jenna Christena Shaddock

Chantal Claire Veinotte

William Robert Wojcik

The following members have changed their status to Practising:

Jessica Danielle Chapman

Karl Helmut Schmitz Clancey

Nicole Andrea Figueira

Kate Elizabeth Ross

Andrew James Scott

Jaimie Leigh Tax

Kelcie Norma Elizabeth White

Daphne Clara Mary Ann Williamson

The following members have changed to Non-Practising status:

Tristan David Carroll

John William MacDonald

Connie Morrissey

The following members have Retired:

William Edward Nearing

The following members have Resigned:

Edward David Clairoux Anido

Elizabeth Marie Brachaniec

Rachel Bushuev

Gurpreet Singh Chandok

Rowland J. Harrison

Harinder Singh Kaberwal

Danielle Elicia Jacinta Kershaw

Julie-Ann Marie Kirkpatrick

Gavin Henry Howes Leitch

Aaron David Lemkow

Anastasia Linthwaite

Monika Anna Lozinska

Sumita Pillay-Dason

E. Michael Power

Betony Mimi Lassey Rowland

Donna J. Viger

Amanda Michelle Whitehead

Trevor Wong

Professional Responsibility

Notice of Hearing: Adam Rodgers

For Your Information

CPLED wants to hear from you

Are you a principal, legal recruiter, new lawyer (called in the last three years), or a PREP student?

The Canadian Centre for Professional Legal Education (CPLED) wants to hear from you. CPLED is looking to gather input from stakeholders on the interest of a compressed full-time version of the Bar admission program, the Practice Readiness Education Program (PREP).

Traditionally the Bar admission program has been completed part-time over nine months concurrently with the articling term. Due to the unprecedented impacts experienced this year due to the COVID-19 pandemic, CPLED is considering adding a compressed full-time Bar admission program offering. The compressed full-time version of PREP would be offered in addition to their current nine-month program.

To better inform their decision they will be hosting online focus groups this fall. Focus groups will take place the week of October 5, 2020. If you are interested in participating please complete CPLED’s expression of interest form by Monday, September 28, 2020. Once you have completed the expression of interest form, CPLED will be in contact with you directly with instructions on how to participate in the online focus group.

CPLED is expecting to have a high interest from individuals wanting to participate in this discussion and focus group spots will be limited to ensure quality discussions can take place. However, they want to hear from as many stakeholders as possible. If you complete an expression of interest form but are not selected for one of the focus groups CPLED will follow up with other options to participate in this discussion.

Focus groups will be held in an asynchronous, text-based format, with each group open for 24 hours and participants will have access to discussions when it is convenient for them throughout the day.

If you have any questions about the CPLED Bar admission focus groups read our FAQs, or contact Eric Pye with CPLED at [email protected].

Land Title Initiative – Call for Expressions of Interest to Join NSLA Roster of Certificate Lawyers

Nova Scotia Legal Aid (NSLA) continues to provide legal services pursuant to the Land Title Initiative (LTI). This Pilot has been extended until March 31, 2022 and is helping to address the unequal treatment African Nova Scotians have faced in the five Communities of East Preston, North Preston, Cherrybrook, Lincolnville, and Sunnyville. In collaboration with several government stakeholders, NSLA has been assisting landowners remove barriers to obtaining legal title to their land. These five communities, among others, have long suffered historical discrimination that, along with other impediments, has prevented owners from receiving legal title to their land.
Services provided will include:
• Obtaining Certificates of Title under the Land Titles Clarification Act (LTCA).
• Migrations under the Land Registration Act.
• Court-ordered declarations, and negotiations (including mediation) between private parties; and
• Applications under the Probate Act/Intestate Succession Act.

NSLA continues to build a roster of lawyers to assist in this important Initiative. We require lawyers to act for clients where our staff lawyers have conflicts-of-interest. Additionally, we are also looking for senior real estate practitioners to provide legal opinions, and advice, in relation to complex title issues.
If you are interested in learning more about this initiative please contact the Halifax Land Title Office at: 902-420-8845, or you can direct your inquiries to Shanisha Grant at 902-420-8833

Opportunity closes November 30, 2020

Call for Public Representative to the Nova Scotia Association of Architects’ Governing Council

The Nova Scotia Association of Architects (NSAA) is seeking an individual to serve as one of its two public representatives on the governing Council. The NSAA is the regulating body for the architectural profession whose purpose is to serve and protect the public interest in the practice of architecture in Nova Scotia. The public representative cannot be a member of the architectural profession.

A Public Representative provides a positive and effective mechanism for the NSAA to demonstrate transparency, independence and accountability. The Public Representative will ensure that the public perspective is represented in the decision-making of NSAA Council. He/She will have full voting rights and will be expected to attend monthly Council Meetings, as well as the Annual General Meeting, either in person or virtually (via Zoom or other virtual platform). The Public Representative is also eligible to sit on the various Committees within the NSAA and is expected to sit on either the Finance and Risk Committee or the Governance and Human Resources Committee.

Appointment shall be for a 1½ year-term – from Fall 2020 to Spring 2022.

Desirable Public Representative attributes include:

Open-mindedness
Knowledge of the position
Familiarity with the Nova Scotia Association of Architects
Understanding of the meaning of “public interest”
Experience with community volunteer activities
Communication skills and behaviours grounded in respect and transparency, and with tact and discretion where appropriate
Integrity and application of high ethical standards in all actions and exchanges of information
Collaborative interpersonal skills and sound business judgement
Ability to place the interest of the Association above any personal agenda
Free of conflicts of interests that would affect their ability to perform duties as council member
Enhancement to the diversity of the governing Council
Ability to commit time to prepare for and attend council and other required meetings, planning sessions and Association events

In addition to experience with governing council and volunteer boards, experience with policies and processes in one or more of the following areas is an asset:

Professional registration
Professional conduct
Finances
Human Resources

Interested candidates are requested to forward a cover letter indicating their reasons for wishing to serve on the NSAA Council, along with a current resume, no later than September 30, 2020, to:

Nominating Committee
c/o Margo Dauphinee, Executive Director
Nova Scotia Association of Architects
1361 Barrington Street, Halifax, NS B3J 1Y9 or email: [email protected]

Dalhousie Legal Aid Office Moved

DLAS is now in the C-100 Building on Agricola Street (lower level, back entrance). The phone and fax number will remain unchanged, but please note the new address 2900 Agricola St, Halifax, NS B3K 6A7.

Nova Scotia Arbitration Advisory Committee Recruitment

This committee provides advice to the Minister of Labour and Advanced Education with respect to the selection of labour relations arbitrators for the Ministers’ List of Arbitrators, as well as other matters relating to labour arbitration in the province. Learn more

College of Dental Hygienists of Nova Scotia Call for Representatives

The College of Dental Hygienists of Nova Scotia (the College) is seeking lay representatives to serve on their Investigation Committee. The deadline for applications is October 23, 2020. Review their call & application form.

United States Consulate General Halifax, NS

United States Consulate General Halifax, NS office often receives requests from persons or firms in the United States for a list of attorneys in our consular district interested in representing them in private legal matters. Increased international trade, travel, cultural exchange and crime have contributed to the greater need of United States citizens to retain competent local attorneys. If you would like your name to appear on such a list, complete and return their questionnaire.

Missing Wills

Name on missing will: Martin James Horne
Last known residence: Eastern Passage or Enfield, NS
Any lawyers with information please contact: Anna Hilton at [email protected] or (902) 209-8795.

Name on missing will: James MacNicoll
Last known residence: RR #1 Minasville NS B0N2R0
Any lawyers with information please contact: Leslie Adams at [email protected] or (902) 789-1807.

Name on missing will: William Andrew Spaulding born June 5, 1958.
Last known residence: Yellowknife, NWT (but he had a rural property in Cape Breton)
Any lawyers with information please contact: Gerard Chouest at [email protected] or (613) 549-3089. The family is trying to determine whether he left a will. They believe he did have contact with a lawyer in Nova Scotia, but have no details.

News from the NS Courts

Career Opportunities

Upcoming Events

These events include NSBS events as well as professional development opportunities and related events posted to the events page on our website.

Atlantic Symposium 2020 (October 2, 2020)
CCDI Webinar: Engaging leaders in the D&I conversation (October 6, 2020)
REAL ESTATE PRACTICE DURING AND AFTER A PANDEMIC (October 6, 2020)
Equity, Diversity and Inclusion for Litigators (October 8, 2020)
Nocturne Art at Night and Visual Arts News Presents Meeting Waters: Cross-Cultural Collaborations on Environmental Racism (October 14, 2020)
Lawyers and the Media: How to Build Successful Relationships (October 15, 2020)
CCDI Webinar: Measurements of success (October 22, 2020)