January InForum - Nova Scotia Barristers’ Society

January InForum: President’s Message, Elections, CEO Check-in, and more

Society News

President’s Message: January Update

I hope that in the busy months since my last update, you have had the chance to enjoy the company of your friends and family and celebrate whichever holiday brings you together. I also would like to recognize the beginning of the Lunar New Year, which passed earlier this week; December and January are indeed filled with many occasions to celebrate. I hope too that you have had a great start to the new year and that you’re recharged after a well-deserved break.

As an update of the past few months, I have been keeping busy balancing the work of President, my own practice, and spending time with my family—a balance I am sure our members are familiar with. However, as busy as the role of President is, I am always grateful for the many opportunities I have to engage with other members and benefit from hearing about your concerns, goals, and perspectives. Among these opportunities, I was fortunate to meet with members of the Kings County Bar Association Kentville in November. On December 9^th , I attended a meeting of the Cape Breton Bar, followed by the annual holiday party in Sydney.

I was pleased to bring greetings to the NSBS/LIANS Solo and Small Firm Conference on November 24^th as well as benefit from the excellent professional development offerings. On January 11^th, I was honoured to say a few words on behalf of the Society at the Minister of Justice’s annual Reception for the Indigenous Blacks and Mi’kmaq Initiative. It was a wonderful evening celebrating incredible successes of the initiative over the last 32 years advancing equity and diversity in the legal profession.

In December, the Society welcomed Terry Shepard KC to Council to fill a Halifax District vacancy. I’d like to thank Terry for volunteering his time to join us. I, and the rest of Council, look forward to working with you for the remaining Council term.

In January, we repopulated our committees for a new term. I welcome all the new committee members who will be joining and bringing a fresh perspective to their committee’s work. I would also like to acknowledge both the members who are returning to their committees as well as those who are leaving their post. We have benefited from your contributions and are again grateful for the time you gave to improving our profession.

As we look ahead to the next few months, I would like to address a few items.

I want to keep you updated with Mr. Doug Ruck KC’s review on systemic discrimination. In August, Mr. Ruck gave Council an update on his progress, and from there, we noted that it would be likely that the report would be delayed for reasons outside of the scope of his review. From the outset, the Society recognized that the review process must be thorough to be effective. To this end, we are providing Mr. Ruck with the resources and time he needs to be comprehensive, and I hope to provide our members with an update as soon as possible.

Tomorrow, the Society will host the Recognition Reception, where we will present the Distinguished Service Award to Shawna Paris-Hoyte, as well as long-standing service certificates on behalf of the Society. I always appreciate having the opportunity to take a moment to celebrate the work of our members and acknowledge their commitment to bettering the profession.

As a final note, I urge anyone who can to consider running in the upcoming District and At-Large Council Elections. Our newly elected Council will strike a new strategic plan to guide the Society for the next three years. The most direct impact you can have on this profession is to join our Council or cast an informed vote for a candidate you believe will best advocate for the betterment of the legal profession in this province. In my time on Council, I have been encouraged by the progress that we have made and look forward to seeing what course the incoming Council Members will set.

In April, I will be writing my last update to membership until the annual meeting. Reflection is a natural product of turning the calendar over to a new year, and I hope you all have some time to recognize your accomplishments in the past year and project a positive course forward for yourself.

— Melanie Petrunia, NSBS President

CEO Check-in: Strategic Planning and Hearing from Members

I am eager to provide our membership an update as our current Strategic Plan comes to an end and we begin to assess our goals and plan for the years ahead. I, along with the other members of the Executive Committee, met with 16 managing partners recently to discuss their concerns and aspirations for the legal profession in Nova Scotia. I am pleased with the results of this meeting; the goals and concerns they shared are aligned with those of the Society. With the support of our membership and stakeholders, I am confident we can create and meet ambitious goals in our next Strategic Plan.

While we develop this plan, we are reminded that our profession operates within a broader context. The goals we have and the issues we face are present in other jurisdictions, and other professions. In these early stages, the Society is looking beyond the borders of both our province and our profession to identify those issues and goals. Over the coming months, we will be engaging with our members through surveys, focus groups, and roundtable discussions to ensure that the Strategic Plan is informed by all members of our Bar and our stakeholders. Since joining the Society as Chief Executive Officer, I have been encouraged by our members’ level of engagement and shared desire to create a more capable and inclusive Bar that better serves the public interest. Our new Strategic Plan will reflect that desire.

This exciting period of growth and evolution necessitates participation from our members to ensure the course we chart is principled in the public interest and the realities lawyers face. As we move forward, I look to you to help us identify what priorities we need to set. Sharing your perspective with the Society in the most meaningful way you can—which can be anything from joining Council to simply participating in a survey—is how we better the legal profession. Giving us your input and support in this process is the most direct way you can impact the direction we take. I look forward to connecting with as many of you as possible.

— Cheryl Hodder KC, ICD.D, Chief Executive Officer

2023 Council Election and Information Session

Dear NSBS Members,

As the governing body for the profession, Council approves the Society’s Strategic Framework, sets the Society’s policies, and oversees the regulation of the profession. To do this, the Society requires committed, diverse, and effective leadership on Council.

Council members lead the Society and lend their voices and unique insights to decisions that impact Nova Scotia’s legal profession. Over the next few years, Council will build on our efforts to increase access to legal services for the public, and to ensure that Nova Scotians are served by a legal profession that is diverse, inclusive and culturally competent. The incoming council members will help create our new strategic plan.

Council needs individuals who have experience or are committed to working in such areas as regulation, governance, and access to justice or equity matters, who are strategic thinkers with strong communication skills, who come from diverse backgrounds and areas of practice, who are of unquestionable integrity and respectful of others, and who may have held leadership roles in other organizations (e.g., board member, mentor, volunteer coach, etc.).

I urge all lawyers to consider running for Council and taking on one of the most important roles we have to ensure continued self-governance of an independent legal profession.

I was first elected to Council in 2019 as a member-at-large. I was compelled to become more involved after returning to private practice and seeing the impact of the access to justice crisis in this province. There are currently many initiatives ongoing to address access to ethical and competent legal services.

I am encouraged by the changes that I have seen at the Society and by the current strategic direction of Council. New Council members will have the opportunity to build on the work of the last few years and ensure that the Society continues to regulate the profession in the public interest in a proactive, principled and proportionate manner.

Here is an overview of the 2023 Council Election:

District Elections
Ten Council members will be elected across the province – two each in Cape Breton, Central, and Southwestern Districts, and four from the Halifax District. Practising lawyers in each district are eligible to vote for candidates in their own districts.

Nominations for the District Elections are open from Thursday, January 26 to Wednesday, February 15. If an election is required, it will take place from Monday, March 6 until Monday, March 20. Lawyers practising in each district may be nominated by submitting a Nomination Form – District Elections.

At Large Election
This second phase of the election is for three member-at-large Council positions following the District Elections.

Nominations are open from Monday, March 20 until Monday, April 3, with the election running from Friday, April 17 until Monday, April 24 if required. All lawyers and non-practising members in the province are eligible and may be nominated by submitting a Nomination Form – At Large Elections.

2023-2024 Council Meetings
Currently Council meetings take place in-person with a hybrid option, and a schedule of the upcoming meetings is posted. All new and returning Council members will also be expected to attend the Council Orientation scheduled in May and the Society’s Annual Meeting on June 17.

Learn more about the election & Council

Review the 2023 Council Election information and FAQs to learn more about the election.
Review current Council bios, meeting documents and policies.
Join the information session either virtually or in-person on February 2 from 12:00 until 1:00 to learn more about the role and responsibilities of a Council member. Register for the session or email elections@nsbs.org to register to come in-person.

If you have questions about the election process or require assistance, please email elections@nsbs.org.Your message will be returned within two business days.
I also invite you to contact me directly at melanie@petrunialaw.com if you have any questions.

Melanie Petrunia
NSBS President

November Council Meeting Documents

The Society’s Council met Friday, November 25, 2022, at 9:00 A.M.

Review the November Council Meeting Documents

Terrance Sheppard KC Appointed to Council

Terrance Sheppard KC will be joining council as a member in the Halifax District for the remainder of the council term. The Nominating Committee made their unanimous recommendation to Council, which was approved in the November Council Meeting.

Council members lead the Society and lend their voices and unique insights to decisions that impact Nova Scotia’s legal profession. Diversity of representation on Council is a key priority as we want to ensure our governing body reflects Nova Scotia’s legal profession as we work towards our 2019-2022 Strategic Goal of ensuring that Nova Scotians are served by a legal profession that is diverse, inclusive and culturally competent.

About Terrance Sheppard KC:

Terrance is a partner at BOYNECLARKE and practices Family and Criminal Law. In his family law practice, he has a concentration on issues relating to surrogacy and adoption for families of all shapes and sizes. Terry’s goal is to ensure that the family unit is treated with respect and understanding during a difficult time. He is a member of various organizations that help families overcome many different obstacles.

Terry is an active volunteer member of the community and has been involved in both the Nova Scotia Barrister’s Society and the Canadian Bar Association for many years.

Your Practice

Deadline Reminder: Trust Account Report and Accountant’s Report on Trust Account

Members are reminded that the Trust Account Report (Regulation 4.11.2) and Accountant’s Report on the Trust Account (Regulation 4.11.4) are both due March 31, 2023. The Society also advises members to review the changes that have been made to the Accountant’s Report.

We do not anticipate a material change in the amount of work involved in preparing the report, however we encourage all lawyers operating a trust account to contact their accountant to discuss any implications this change may have on the engagement.

If you have any questions regarding these changes, please contact TrustAccounts@nsbs.org.

Review the Accountant’s Report

NSBS Library Hours of Operation and Resources

Did you know the NSBS Library is open from Monday to Friday from 8-4 and is accessible 24/7 with your membership card?

These online resources licensed for lawyer use are available on the library user computers at the Barristers’ Library in Halifax, and the Simon J. Khattar Memorial Barristers’ Library in Sydney:

Halsbury’s Laws of Canada legal encyclopedia, the Pleadings, Motions & Facta filings gallery, as well as a wealth of commentary such as journals, law reviews and premium texts & treatises. Key areas of practice covered include Criminal Law, Family Law, Wills & Estates Law and Civil Litigation in LexisNexis Advanced Quicklaw
LexisNexis Practical Guidance provides authoritative, step-by-step guidance in managing matters and completing tasks efficiently while avoiding potential pitfalls through tools such as checklists, practice notes, precedents with drafting notes, alternative clauses and current awareness legislation trackers and articles. Key areas of practice include Real Estate, Corporate, Commercial, Employment, Family, Wills & Estates, and Litigation.
HeinOnline (U.S. and Canadian journals, U.S. primary law and case law links)
Four divisions (I – Commercial and General, II – Corporations, IV – Leases & V – Wills and Trusts) in WestlawNext Canada

The Society also provides desktop access to the Irwin Law eBook Collection and Emond Working With the Law eBook Collection. Find the Lawyers’ Reading Room on the navigation bar in the members area of the Society’s website. Access is restricted to members of the Nova Scotia Bar, and NSBS staff.

Lawyers’ Insurance Association of Nova Scotia

News From the NS Courts

Professional Responsibility

Notice of Hearing

Notice of Adjournment of Hearing

Changes in Category

In every issue of our newsletter InForum, we provide updates on category changes. These are the Changes in Category from November 24, 2022 to January 25, 2023

Welcome to our new Articling Clerk:

Kevin Jacob Nightingale
Liam Daniel Protheroe

Welcome to the members who were recently called to the Bar:

Melodie Marie Isabel Adamson
Adedoyin Anuoluwapo Adeniji
Jennifer Johanne Brown
Mitchell Evan Kredentser
Geoffrey Chi Fai Leung
Courtney-Anne Taylor Losier
Séamus Padraig Moriarty
Marie Darya Valérie Paquette
Tawni Ludean Marie Proctor

These members have changed to Practising status:

Jennifer Molloy Anderson
Lisa Dawn Bevin
Hanna Beth Garson
Catherine Grace Gribbin
Kristy Jacqueline Hall
Christopher Patrick Leo Keliher
Alayna Rose Kolodziechuk
Shirley-Anne Mailman
Roy Alex Alan Mills
Amy Catherine Smeltzer
Catherine Marie Torraville

These members have changed to Non-Practising status:

Danielle Jessica Cable
Richard Sheldon Goodman, KC
Christopher Peter LaVigne
Peter Gillis L’Esperance
John Walter Morgan
Kathleen Rebecca Short
Amy Lavinia Thomas
Aditya Kumar Trivedi

These members have changed to Retired status:

Richard Garius Arab
Roberta Jean Clarke, KC
David A. Graves, KC
Frank Van Wie Penick

These individuals have resigned:

Sarah Emily Charlotte Cyr
Barbara Faye Darby
Michel Patrick O’Hara
Linda Lee Oland, KC
Avram David Spatz
Scott Gordon Thompson
Chantal Claire Veinotte
Justin Christopher Yee

This member has changed to Life status:

Daniel MacLean Campbell, KC

For Your Information

NSBS Career Opportunity: Staff Lawyer, Legal Services Support

About Us

As the regulator of the legal profession, the Nova Scotia Barristers’ Society protects the public interest in the practice of law. The Society is the independent, trusted and respected regulator of the legal profession. Acting in the public interest, they provide leadership, value and support to a competent, ethical, inclusive and engaged legal profession.

The Society is committed to being a workplace that is free of discrimination, values diversity and is representative, at all job levels, of designated groups and the citizens we serve. We welcome applicants from groups who have historically faced barriers to employment. We encourage you to self-identify in your application.

Learn more about the Society.

About the Staff Lawyer, Legal Services Support

Legal Services Support (LSS) focuses on assisting lawyers and firms to deliver legal services competently and ethically, in large part through implementation of a Management System for Ethical Legal Practice (MSELP). The LSS Staff Lawyer works with a team of cross-departmental staff to proactively identify practice risk that can be addressed through proactive practice advice, educational and resource-based approaches. In response to this work, and through the MSELP and other regulatory programs, they create tools and resources to assist in mitigating risk in practice and provide advisory services to support the development of an effective management system for ethical legal practice. LSS staff lawyers work within the Education & Credentials (E&C) team to support the Society’s educational and credentialing priorities broadly.

Key Responsibilities

As part of the E&C team, offering support and advice to lawyers on practice management and regulatory issues;
Providing assistance, support, resources and advice to lawyers in relation to the means by which they can achieve an effective MSELP, and tailoring the tools and resources to varying types of legal entities;
Assisting the Society in maintaining awareness of emerging practice issues;
Advising new firms on all aspects of regulatory compliance and best practices as part of the New Firm Registration program;
Developing and providing workshops and education sessions on regulatory and practice management issues to lawyers, law firms and other legal entities;
Developing additional practice resources based on results of data collected and analyzed;
Liaising with other Society staff to identify risk, collect information, and provide resources to lawyers and entities;
Working with the Lawyers’ Insurance Association of Nova Scotia (LIANS), contribute to the Fraud Alerts service and LIANSWERS to ensure information is accurate and timely;
Working with the Society’s communications team, contribute to InForum newsletter with timely and relevant practice advice and resources;
Maintaining a Practice Resource database on the Society’s website;
Supporting Society committees, working groups and other projects relating to practice support and MSELP;
Liaising with counterparts nationally to identify best practices and develop practice supports;
Assisting with other Society work as required.

Requirements, Skills, and Assets

This position requires significant initiative, sound judgment, excellent communication skills and the ability to analyze data and measure outcomes. The individual is a technology ‘adopter’. They have experience in identifying organizational risk, developing and executing practice management strategies, facilitating and training, effectively communicating and having difficult conversations, and working cooperatively with colleagues and others. The LSS Staff Lawyer has a professional and mature demeanour, the ability to work with minimal supervision, and strong problem-solving skills. Excellent organizational, interpersonal and time management skills are required to manage the diverse workload and clients.

Requirements:

Law degree and a substantial knowledge of the legal profession as well as law firm structure, culture and operations;
Practicing member of the Nova Scotia bar or eligible for membership;
At least 5 years experience in private practice.

Skills:

Significant experience using technology-based law practice management systems, e.g., electronic file and practice management software, litigation software, accounting and billing software;
Adult education experience and an ability to develop training materials and facilitate training programs;
Ability to establish and manage multiple, competing priorities in consultation with stakeholders;
Understanding of concepts of organizational risk and risk prevention strategies;
Strong information management and relevant technical skills; e.g., database experience, report and presentation creation;
Ability to coordinate, engage with and motivate staff to provide legal services support in a coordinated, consistent, and Triple P (proactive, principled and proportionate) manner;
Well developed interpersonal and leadership skills;
Excellent communication skills both oral and written;
Ability to analyze situations, discern issues and communicate empathetically.

Assets:

Formal communications and adult education training;
Experience managing a legal practice.

How to Apply

If you’re interested in this exciting career opportunity, please submit your application in confidence (including resume and cover letter) to the Society via email at hr@nsbs.org.

We offer a competitive salary based on qualifications and experience, a complete health and dental benefit package, a retirement savings program and flexible work options.

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

Closing date: This position will remain open until filled

Reminder: Recognition Reception

This is a reminder from the Society that the Recognition Reception will take place on Friday, January 27, 2023 from 4:00-6:00 P.M. to celebrate excellence in Nova Scotia’s legal profession as it presents the 2022 Distinguished Service Award to Shawna Paris-Hoyte, KC, and recognize members receiving their 50-year and 60-year Practicing Certificates.

The Recognition Reception is an annual opportunity for the Society to honour lawyers for contributions that demonstrate the profession’s commitment to excellence in law, leadership, access to justice and community service. Hors d’oeuvres and refreshments will be served.

UPDATE: HRM Zoning Confirmation Letters

Planning & Development, Halifax Regional Municipality

Beginning on February 13, 2023, HRM Zoning Confirmation Letter applications will be available online through the new municipal Permit, Planning, Licensing & Compliance (PPL&C) system.

Three key features of the new online system:

Access to applications 24/7 – when it is convenient for you
and communication with HRM

This new process for applications will replace the current online form. Before February 13, 2023, we recommend you follow these steps:

Attend a virtual information session hosted by PPL&C staff. This session will help you determine the best way to set up your accounts. Sessions will be held:
1. Tuesday, January 31, 2023, from 10 – 11 a.m.
1. Thursday, February 2, 2023, from 2 – 3 p.m.

Register today! Please email PPLC-Info@halifax.ca. Make sure to include the session you wish to attend, the attendee(s) name(s) and email(s). Attendees will receive an invitation to the virtual session.

In advance of the scheduled information session, give some thought to who will be requesting zoning confirmation letters on behalf of you or your company and decide which of the following options best suits your needs:
- Individuals (employees) register their own Customer Portal account. Their individual account would then be linked to your company’s Professional/Contractor Profile. This provides accountability and trackability, as profile managers can see immediately the who and when details of applications sent on behalf of the company.
  - Alternatively, individuals/employees register their own Customer Portal account. This account would not be linked to a company Professional Contractor Profile and would be managed solely by the individual. This may work best for your company and staff, if employees manage this work individually, and there is no need to have group/company access to the applications within the new HRM system.
Once you have determined how your business will access the system, we recommend you set up those customer portal account(s) on or before February 13, 2023.

If you have questions or need help setting up your Customer Portal accounts visit our support page or email PPLC-Info@halifax.ca.

Do not hesitate to reach out if you have any questions or comments related to requesting zoning confirmation letters online and remember to register for an information session.

Thank you,

MARGARET PIKE
MANAGER & BUSINESS LEAD
PERMIT, PLANNING, LICENSING & COMPLIANCE PROJECT BUSINESS SERVICES | PLANNING & DEVELOPMENT

East Coast Credit Union Board of Directors

Attention East Coast Credit Union Members – We Need Your Voice!

We will be actively seeking dynamic, energetic and enthusiastic individuals to serve on our Board of Directors in 2023. Our directors dedicate their time and skills to serve the membership of our innovative and community focused credit union. This is your opportunity to get involved and be a part of something bigger!

Did You Know? Included in the benefits of becoming a director of ECCU are renumeration, training and conference opportunities, and invaluable experience serving on the Board of one of Atlantic Canada’s largest credit unions. Watch for our official Call for Nominations in February 2023 (www.eastcoastcu.ca) or contact us at nominations@creditu.ca to learn more.

Thank you,

ECCU Board Nominations Committee

Provincial Court of Nova Scotia Notice to the Profession: January 2023 to June 2023 Intake Date

Courtroom #6 Long Trial (Halifax) – Spring Garden Road

January 2023 to June 2023 Intake Dates

The January to June 2023 Intake Dates for Provincial Court matters in CR#6 are:

January 3, 17, 31, 2023
February 14, 28, 2023
March 14, 28, 2023
April 11, 25, 2023
May 9, 23, 2023
June 13, 2023

ALL INTAKE IS AT 9 A.M.

To qualify for dates in CR#6 a Provincial Court matter must require four days or more. All cases will be pre-trialed and time requirements will have to be justified.

CR#6 will continue to provide relief to CR#5 by hearing Youth Court matters requiring four (4) days or more. These longer youth cases will be sent to CR#6 on CR#6’s regular intake dates for docketing. Generally speaking, CR#5 will not be scheduling youth cases in the CR#6 docket.

The clerk for CR#6 (Hilary Rankeillor) can be reached at (902) 424-8772.

Free Presentations on Impact of Family Law Amendments in Nova Scotia funded by Justice Canada

The Access to Justice & Law Reform Institute is offering free one-hour webinars for legal professionals on recent case law updates around family violence in the wake of amendments to the Divorce Act and Parenting and Support Act. This presentation has been made possible by Justice Canada.

The presentation will cover the following topics:

A brief overview of recent family law amendments and concurrence between the Divorce Act and Parenting and Support Act
Case law updates in Nova Scotia and beyond: How are the courts interpreting these changes?
Focus on evidence of family violence and impact on children
Further resources and community referrals

To register, please select your preferred date below or email emily@lawreform.ns.ca indicating the date and time you wish to attend. Presentations will take place via Zoom on the following dates:

If you cannot attend any of the listed dates or would like to arrange another date or time for your firm or organization, please contact Emily Tallon at emily@lawreform.ns.ca to schedule a presentation.

Missing Wills

Name on will: Lester Cleveland
Last known residence: Cambridge, Nova Scotia
Any lawyers with information please contact Melissa Kenney at Melissakenney@live.ca or 902-915-5495

Name on will: Una Hingston
Last known residence: Dartmouth, Nova Scotia
Any lawyers with information please contact Michael Hingston at Michael.hingston@sn.sympatico.ca or 902-219-3600

Name on will: Susan Macdonnell
Last known residence: Bridgewater, Nova Scotia
Any lawyers with information please contact Susan Macdonnell at robsue2@gmail.com or 902-553-0919

Name on will: David Hubley
Last known residence: Upper Tantallon, Nova Scotia
Any lawyers with information please contact Scott Hubley at scott@channeldistributioninc.com or 902-471-0301

Name on will: John Hurley
Last known residence: George’s River, Nova Scotia
Any lawyers with information please contact Aaron Hurley at aghurley1976@hotmail.com or 250-608-2776