November InForum - Nova Scotia Barristers’ Society

November InForum: New LexisNexis Advanced Quicklaw, 2021 Election & more

New LexisNexis Advanced Quicklaw at the Society’s Library

We recently signed a contract for LexisNexis Advance Quicklaw available to use in the Society’s library.

Through this new contract with LexisNexis Canada, we’ve negotiated a preferred rate on selected LexisNexis Canada online resources for members outside the Halifax Regional Municipality and Sydney:

Receive a 30% discount for 1 package.
Receive a 35% discount for 2 packages.
Receive a 40% discount for 3 or more packages

With a bundled savings offer, members can customize a package with key LexisNexis Canadian content, based on their area of practice. Review this LexisNexis remote members offer to learn more.

Interested? Contact a LexisNexis Canada representative to secure your custom package at [email protected]

O’Brien’s Online is still available in the Society’s Library in Halifax and Simon J. Khattar Memorial Barristers’ Library in Sydney.

Our contract is for the following Divisions of O’Brien’s:

Division I –- Commercial & General
Division II – Corporations
Division IV – Leases
Division V – Wills & Trusts

Please note that WestlawNext Canada is no longer available in the Society’s library and library staff will no longer conduct searches using Westlaw.

Questions? Contact the library at [email protected] or call 1-866-219-1202 (toll-free)

Office Closure, Holiday Hours & How to Connect with Us

Our office is closed to the public until further notice. We are available remotely, or by appointment only if absolutely necessary, during our office hours (Monday-Friday from 8:30 AM-4:30 PM).

Here’s how you can connect with us:

Call our main switchboard at 902-422-1491
Email our staff – review our staff directory
Drop mail/parcels in our designated drop boxes outside of our office
If you need law stamps or to pick anything up from us, please contact our main switchboard at 902-422-1491 to arrange for contactless pick up.
Please note that during the pandemic, we will only have face to face meeting as a last resort and strict protocols are in place for all in-person meetings. If you absolutely require a face to face meeting, contact our staff to book an appointment by email or calling our main switchboard at 902-422-1491.

NSBS Library

The Society’s Library continues to be closed until further notice. Library staff are available for research and reference assistance during our office hours Monday to Friday 8:30 am – 4:30 pm by emailing [email protected] or calling 1 866-219-1202 (toll-free).

We are currently accepting returns and requests to borrow materials using “curbside” pick-up and drop-off. Please request materials by emailing [email protected] and we will advise when to come pick up your materials.

The Barristers’ Gowning room is currently closed to members as we are unable to monitor for cleaning and sanitization. If you require access because you left robes or anything in a locker, please contact the library ([email protected] or call 1 866-219-1202 toll free) & we will arrange to get the items.

NSBS Holiday Hours

The Society will be closed for the holidays from December 24, 2020–January 3, 2021. We will reopen remotely (review how to connect with us remotely or by appointment) Monday, January 4, 2021.

The Society’s Library in the Halifax Law Courts, which is physically closed until further notice, will not be staffed or accepting returns or request to borrow materials using “curbside” pick-up and drop-off from December 22, 2020-January 3, 2021. The Library will reopen remotely for inquiries and requests for curbside pick-up and drop-off Monday, January 4, 2021. Please also wait until January 4, 2021, to return any materials.

The Transgender pride flag consists of five horizontal stripes: two light blue, two pinks, and one white in the center.

November Transgender Awareness Week & Resources for Members

Each year between November 13 – 19, people and organizations participate in Transgender Awareness Week to help raise the visibility about transgender people and address issues members of the community face. We also observed Transgender Day of Remembrance (TDOR) on November 20^th to honour the memory of the transgender people whose lives were lost in acts of anti-transgender violence.

We encourage members to review the Guidelines for Lawyers: Supporting Trans* and Gender Variant Clients, Colleagues and Employees. These guidelines, prepared in 2017 by our Equity & Access team, provide lawyers with a baseline understanding of how to support trans* and gender-variant clients, colleagues and employees. Review the guidelines. We also encourage members to review the CBA’s Sexual Orientation, Gender Identity and Gender Expression which includes a glossary and links to relevant laws.

Questions for the Society’s Equity & Access team? Contact Angela Simmonds, Equity & Access Manager, at [email protected]

Mark your Calendar for the 2021 NSBS Election

The Society’s Council elections occur every odd-numbered year to elect:

Practising members for district positions
Non-practising or practising members for the member at large positions

The last election was 2019 with the upcoming election set for 2021.

Interested in joining Council? The Executive Committee will hold an information session for members in early 2021 prior to the election so you can learn more about Council and the role and responsibilities of a Council member. Session date and time TBA in an email.

Questions? Contact the Society’s Governance & Policy Advisor, Katie Lister, at [email protected].

November Council Meeting Package

Society’s Council will meet Friday, November 27, 2020 at 9:00 AM via
videoconference.

Review the November Council meeting package

Metamorphosis: When Business Conflicts become Legal Conflicts

Co-authored by Richard Devlin, Katie Short, and T. Arthur Barry, QC

The Federal Court’s decision in GCT Canada Limited Partnership v Vancouver Fraser Port Authority and Attorney General of Canada, 2019 FC 1147demonstrates why lawyers and law firms must not only properly vet for conflicts at the time of acceptance of a retainer, but must be diligent and wary of possible conflicts at all points in a solicitor-client relationship. Legal conflicts can arise at any time, and the potential for a conflict may be higher when law firms are representing clients who are already have business conflicts. A business conflict may evolve into a legal conflict, as occurred in GCT v. VFPA.

Read the article

Lawyers’ Insurance Association of Nova Scotia

Changes in Category: October 29, 2020-November 26, 2020

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

The following members have changed to Non-Practising status:

Julia Marie Crabbe

Andrew Carson Crosbie

Tara Laurene Gault

Natascha Marie Johanne Joncas

Morgan Kenny Knox

Sarah Jenn MacIntosh-Wiseman

Emily Jane Mason

Kristen Ruth O’Keefe

Gursharan Singh Sidhu

The following members have Retired:

Clare Frances Barry

Peter Coulthard, QC

For Your Information

Recruitment for Legal Membership at the Nova Scotia Health Research Ethics Board

The Nova Scotia Health Research Ethics Board (NSH REB) is recruiting new members to fill the role of legal representatives. The NSH REB’s primary mandate is to conduct periodic reviews of research studies involving NS Health patients, staff, and resources to protect the rights, safety and well‐being of research participants.

Legal members represent the legal and ethical perspectives for research participants. Their role is to ensure that the information provided to research participants is readable, correct, and understood. The NSH REB does not expect that legal members understand the science behind the studies. It is the responsibility of the other board members to simplify the research study protocols so everyone on the board understands the study and what is expected of the research participants.

To exemplify the importance of the legal representative, it is a legal requirement by Health Canada that a legal representative is present at all research ethics board meetings. A common point in all local, national and international regulations and guidelines is that a legal representative must be present to have a duly constituted research ethics board.

The NSH REB is a paperless enterprise and conducts meetings virtually and reviews electronically through our Romeo database. Your commitment to the board would be for a three year period, requiring attendance to one meeting per month. Meetings are scheduled a year in advance and are held virtually on Mondays from 4:00 ‐ 6:00 pm.

Members of the board find the experience on the NSH REB both informative and rewarding as they are exposed to leading-edge clinical research within various health fields. If you are interested in participating as a legal member on the NSH REB, please contact the Research Ethics Office at [email protected] with a brief statement of interest.

Land Titles Initiative

The Land Titles Initiative is a government-led commitment to help residents in the communities of North Preston, East Preston, Cherry Brook/ Lake Loon, Lincolnville and Sunnyville get clear title to their land. These five communities have long suffered historical discrimination that has prevented residents from receiving clear title to their land.

Government has committed to help residents with legal fees and other costs associated with clarifying land ownership. Dedicated positions have been created to assist residents in obtaining clear title to their land: 1 manager, 2 community navigators, 1 crown surveyor and 2 survey technicians. We have partnered with the Nova Scotia Legal Aid Commission to provide legal services. Their staff includes two lawyers and two legal assistants.

Services provided include:

Obtaining Certificates of Title under the Land Titles Clarification Act (LTCA);
Migrations under the Land Registration Act;
Applications under the Probate Act/Intestate Succession Act; and
Court-ordered declarations, and negotiations (including mediation) between private parties; and

All services, including legal fees and disbursements, survey costs, probate taxes, among others, are provided at no cost to the resident.

Pursuant to Code of Professional Conduct Rule 4.1-1:

Making Legal Services Available

4.1-1 A lawyer must make legal services available to the public efficiently and conveniently and, subject to rule 4.1-2, may offer legal services to a prospective client by any means.

Commentary

…

[3] A lawyer who knows or has reasonable grounds to believe that a client is entitled to Legal Aid should advise the client of the right to apply for Legal Aid, unless the circumstances indicate that the client has waived or does not need such assistance.

…

Nova Scotia Legal Aid is the legal service provider for the Land Titles Initiative and is continuously seeking new lawyers to join the certificate roster. While lawyers are not obligated to accept legal aid certificates, there is a general expectation that lawyers will participate in programs that contribute to access to justice initiatives. The Commentary to the rule above also makes clear that lawyers should always inform clients about the availability of legal aid, where applicable.

We encourage you to direct residents from the above-noted communities to the Land Titles Initiative should you find they are seeking a service that is provided and covered by the Initiative. The Community Navigators are on-hand to conduct the intake and provide additional information to the resident.

To contact the Land Titles Initiative:

Tamar Brown – (902) 428-2038 or [email protected]
Toll free number 1-833-424-6100 or [email protected]

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.

Executor Insurance – Mitigating Risk on Estate Files (December 2)
Managing Conflicts of Interest in Trust and Estate Planning (December 3)
Skills & Strategies for Representing Your Client at Mediation (December 10)
Online LRA Qualification Assessment (Jan 13-February 3, 2021)