Common law. Peeking Past the Blindfold: The Impact of Culture on SRLs. w w w. l a w c o u r t s c e n t e r. c o m

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1 Published by and the Canadian Paralegal Institute MARCH 2014 Peeking Past the Blindfold: The Impact of Culture on SRLs Common law. Common sense. Two instrumental facets of the Canadian justice system and yet in our multicultural society, these two things are not necessarily common knowledge. Judge Shenhi Dossa of the Provincial Court of British Columbia spoke to the Amici Curiae Lectures group at the about the impact of culture within our existing justice system. Her lecture gave a brief overview of the tasks facing immigrants (new and otherwise) in Canada when they are forced to deal with matters before the courts. Cultural bias and cultural literacy were major themes in Judge Dossa s lecture. She spoke of various challenges that affect both immigrants and Canadians, including the changing societal demographic, the problem with cultural fluency and the challenges that can occur when cultures clash. Literacy What pops into your head when you hear the word literacy? The ability to read and understand a given written and/or spoken language? Judge Dossa challenged that notion, pointing out that we often take for granted that if someone is able to speak and understand a language well enough to get by in our society, they also should understand the intricacies of that language. But what about in a business or a courtroom setting? Our background in law has enabled us to follow along with the jargon. But if you have ever had to read medical consultation reports between two doctors, or listened to software developers debate the merits of two different programming languages, you know that just because people are using English words, it does not necessarily mean you will understand the meaning of the words being strung together. In the case of litigants whose second language is English, they may be able to read the Appointment to Examine for Discovery that they have been served with well enough to know they have to be at a court reporter s office on a certain date, but they may not truly understand the legal implications that are outlined on the Appointment. The use of certified court interpreters during discoveries and court appearances certainly assists in interpreting the words literally, but culture often plays a part when the meaning of what is being interpreted needs to be conveyed. Judge Dossa spoke of how, for example, the words interpreted from English to the given language might be censored by the interpreter to shield the answering party from embarrassing questions (perhaps related to family or marital matters that culturally would be taboo). The interpreter may also need to engage in a side conversation with the party in order to clarify any questions being asked, or even to try to convince the party to actually give an answer. A lengthy conversation that results in a five-word response may look suspect, but it is probably legitimate. Judge Dossa likened the process to the telephone game that many of us played as children, as a way to illustrate how words and meaning can be misconstrued. In this instance, the words are being fed through what she called the filter of an interpreter. Sometimes, it is not just the words that are lost in translation but often crucial concepts as well. Judge Dossa emphasized the importance of ensuring that the litigant understood what was being posed to them, even if it meant asking them to put it into their own words. Comprehension of issues and questions put before someone who is not a native English speaker is crucial to ensure a level playing field. Bias Canadians and, more specifically, British Columbians pride themselves as being a tolerant and multi-cultural society. But what happens when that broadmindedness extends beyond cultural celebrations, food and the arts? When the administration of justice is the subject, how willing are we to extend our acceptance of multiculturalism? Judge Dossa gave several examples of intercultural and intracultural bias that touched (continued to Page 4) w w w. l a w c o u r t s c e n t e r. c o m March 11 Justice Groves: Drafting Pleadings for SRLs March 18(Victoria) Trust Accounting 101 In-Person / Webinar March 19 (Victoria) PST for Law Firms Seminar March 19 (Victoria) Justice Macaulay: Rules of Court Review March 20 (Victoria) WESA & Probate Rules & Procedures April 8 Justice Walker: Preparing SRLs for court April 9 MVA Active Rehabilitation Workshop 101 April 10 Law Office Accounting 101 April 17 Trial Preparation for Plaintiff Firms 101 April 28/29 Civil Litigation 102 May 14 Trust Accounting 101 In-Person / Webinar May 17 MVA Active Rehabilitation Workshop 101 May 24 Part 7 Benefits May 31 Family Chambers Application Procedures

2 SCHEDULE FOR APRIL 9 AND MAY (9:00 AM TO 2:30 PM) MVA Active Rehabilitation 101 Understanding Soft Tissue Injuries While each soft-tissue injury is unique, there are standards that parties should be alive to. For the injured party and their counsel, to determine what is the best course of action to take on order to mitigate their injuries. For insurance companies and their counsel, to determine what are the cost effective solutions that they should authorize to get the most out of rehabilitation costs.

3 MVA Active Rehabilitation (MAR 101) Understanding Soft Tissue Injuries These are learning outcomes for this course: At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able to competently: 1. Learn about principles of active rehabilitation as it applies to soft-tissue injuries; 2. Identify what the musculoskeletal areas that should be the focus of assessments; 3. Using normative values understand what the appropriate amount of rehabilitation exercises should be; 4. Identify what makes for an effective initial assessment report; and 5. Develop best practices to mitigate injuries or to maximize rehabilitation costs. LOCATION Suite Howe St Vancouver BC V6Z 2L2 CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING This course is an elective in Canadian Paralegal Institute s Qualified Paralegal Program in Civil Litigation. For your mandatory reporting of CPD hours, this course is 5.0 hours with 0.0 hours devoted to professional responsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. FACILITATORS: CAT LOWE, BHK Kinesiologist DOM BAUTISTA Executive Director Registration: Select from two dates: q April q May Course Fees: (handouts and GST included) q Single Seat $ q Multi-Seat and Amici Curiae Group Rate $ B! Howe Street, Vancouver, BC Canada V6Z 2L2

4 SCHEDULE FOR APRIL 10, 2014 (9:00 AM TO 5:00 PM) Law Office Accounting 101 From Fundamentals to Best Practices At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able to competently: 1. explain the duty and ethical obligation that lawyers and accounting staff have to the client with respect to managing the accounts of the firm. 2. understand the difference between accounting and law firm accounting 3. understand the life cycle of a file 4. understand how to correctly open a client matter 5. understand how GST and PST are generally applied to legal services 6. explain the key concepts in trust accounting 7. understand the key principles of internal controls 8. understand how to correctly handle cash transactions 9. explain how to process Trust Assurance Funds 10. demonstrate how to correctly process time entries, disbursements and taxes 11. demonstrate how to apply trust funds to the invoice 12. demonstrate how to process a settlement 13. explain how to complete a file 14. understand how to correctly handle unclaimed trust funds 15. explain what the file retention and storage requirements are 16. demonstrate how to file a written report a Division 7 rule in writing to the Law Society 17. develop best practices to be compliance audit ready Howe Street, Vancouver, BC Canada V6Z 2L2

5 Law Office Accounting From Fundamentals to Best Practices Course Outline 9 Welcome & housekeeping 9:15 Professional Responsibility and the Accounting Staff 9:45 What is Legal Accounting? 9:50 Life Cycle of a File Part 1: Opening a client matter How does a firm determine if they can act or provide legal service for a client? Run a conflict search from record management database. Client ID & Verification Contingency Fee Agreements A Primer on Taxes - PST & GST on legal services (Fees & Disbursements) 10:30 Break 10:45 Trust Accounts Retainer Source documents Cash rules Investments 11:45 TAF 12 Lunch (on your own) 1:00 Question / Answer (Review our morning session) 1:15 Principles of Internal Control or some topic on fraud avoidance 1:45 Time Entry Disbursements - What is a taxable and non-taxable disbursement? 2:00 Billing [includes in-class work] Pre-billing, write downs, taxes What is the process for applying trust funds applied to the invoice? 2:45 Completing of File [includes in-class work] Accounts Receivable Work in Progress balances Trust funds - Return balance to client Contingency Fee Agreements Unclaimed trust funds procedures 3:15 Break 3:30 File Retention: Storage and Electronic copies 3:45 Compliance audit a Primer Monthly and quarterly procedures Important dates - Bank Reconciliation dates, Trust report, CDIC report, TAF remittance, GST and PST filing deadlines 4:15 Duty to client Just Say No... a case study 4:45 Summary & Go over Post-course work 5:00 Good-bye LOCATION CPD Room 840 Howe St #150 Vancouver BC CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING This course is an elective in Canadian Paralegal Institute s Qualified Paralegal Program in Civil Litigation. For your mandatory reporting of CPD hours, this course is 7.0 hours with 7.0 hours devoted to professional responsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. INSTRUCTORS: LISA EZAKI Miller Thomson LLP Accounting Supervisor DOM BAUTISTA Executive Director Registration: For lawyers, go to: Course Fees: (course materials and GST included) q Single Seat Rate $ q Multi-Seat Rate $ B! Howe Street, Vancouver, BC Canada V6Z 2L2

6 2 C I v I L L I T I g a T I o n Trial Preparation: the Consequences of Refusing to Mediate In the last issue of Briefly! we looked at the steps necessary to prepare your plaintiff-client for trial. One of the steps in many litigated files is mediation. Mediation may be voluntary, in which case the parties have agreed that it is a good idea, or by a Notice to Mediate, in which one party has sought mediation. Whether mediation is voluntary or conducted under a Notice, the steps you take to prepare your client for trial are also the steps you need to take to prepare your client for mediation. There is no substitute for preparation. To achieve your goals of obtaining adequate compensation for your client and having him satisfied with the result, you both need to be well prepared for what you will face at mediation. What happens if one side comes to mediate and the other does not participate in a meaningful way? Some recent case law has come out from Ontario and the UK on this topic. English courts have encouraged the use of mediation to resolve litigation and have shown a willingness to penalize parties who do not participate in mediation when invited. Parties successful at trial who refused mediation have received reduced costs which otherwise would have been ordered; similarly, parties who were ordered to pay costs have had them increased as a result of a refusal to mediate. In Dunnett v Railtrack [2002] EWCA Civ 302 the court refused to order costs to a victorious party who refused mediation. In Halsey v Morton Keynes NHS Trust [2004] EWCA 3006 Civ 576 the English Court of Appeal set out a list of factors to take into account in determining if a party was reasonable in refusing mediation, including: - the nature of the dispute; - the merits of the case (ie. the strength of one party's case); - the extent of any attempts at settlement; - whether the costs of mediation would have been disproportionately high; - whether delay associated with mediation would have been prejudicial; and - whether the ADR process had a reasonable prospect of success. The English Court of Appeal in PGF II SA v OMFS Company 1 Limited [2013]EWCA Civ 1288 refused to order costs to the Defendant where it had unreasonably refused to mediate. In the PGF II Sa case the Court of appeal held: silence in the face of an invitation to participate in ADR is on its face unreasonable; failure to respond to such an invitation may make a party liable for penalties in costs; not providing reasons for refusing to mediate leaves the other side unable to accommodate them; depriving a party successful in court of costs may seem harsh but should encourage participation in ADR. In Canada, the Ontario Superior Court had an opportunity to consider a similar situation. In Ross v. Bacchus, 2013 ONSC 7773 the plaintiff was awarded $248,00 in damages by a jury in a six day motor vehicle negligence case. The defendant had offered to settle the case for $40,000 and made it clear that that was not negotiable. That offer was withdrawn before trial. The plaintiff offered to settle for $94,000 plus prejudgement interest and costs and requested mediation. The defendant countered with $30,000 plus pre-judgment interest ( PJI ) and costs. The Plaintiff countered at $79,065 with costs and PJI. The Court said: "Counsel for the defendant agreed to brief mediation at limited cost but wrote, " (the insurer ) are not interested in settling this case". Mediation took place...but the defendant's insurer stood firm. I infer that it took a six-day trial with all its attendant risks for the sake of $50,000. This is a litigation strategy that the defendant could well afford, but the plaintiff could not. I infer that the insurance company conducted itself this way in the hopes of intimidating the plaintiff and deterring other plaintiffs who have meritorious cases. It is clear to me that the defendant's participation in mediation was a sham I would award $140,000 in costs, plus $17,00 in disbursements.by reason of the refusal to mediate I augment the award by $60,000 plus HST." Note that the trial judge referred several times to provisions in the Ontario Insurance Act which appear to require defendants to attempt expeditious settlement and allow for consequences in costs. Compare that case with Branco v Alliance Insurance Co. of Canada 2004 CanLII 45036(ONSC). This was a case stemming from a motor vehicle collision in which the plaintiff recovered modest damages from the defendant. The case was defended in a number of ways including that it did not meet the Ontario threshold question : that is, that any injury sustained was not disfiguring or resulting in permanent impairment. (continued to page 3) B!

7 SCHEDULE FOR APRIL (9:00 AM TO 5:00 PM) Trial Preparation for Plaintiff Firms 101 Mastering the Civil Rules of Court & Best Practices in Trial Preparation This is your best opportunity to learn about the Civil Rules of Court as they apply to trial preparation. You will work with the different Forms and learn how they can impact your case. This course is a prerequisite to the intermediate level course. For those with trial experience, you will pick up new strategies and for those new to trial preparation, you will learn what must be done and when. Within the context of the new Civil Rules, this course will cover these topics: When does trial preparation really begin? Developing your documentary evidence. Optimizing your experts and their reports. Lay witnesses: where to find them and how to keep them. Applicable Rules of Court. Managing costs for a successful Bill of Costs. Reading the opposition. CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING For lawyers and other professionals, this course provides 7.0 CPD hours, with 1.0 hour devoted to professional responsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. LOCATION CPD Room, Howe St Vancouver BC V6Z 2L2. INSTRUCTOR Brian Gibbard, Barrister, Solicitor & Mediator For more information please call or write: dom@lawcourtscenter.com. REGISTER ONLINE: REGISTRATION (INCLUDES GST # ) q Single Seat $ q Multi-seat or Group Rate for members of Amici Curiae $ q Please send me a copy of the manual only as I am not able to attend. $ B! Howe Street, Vancouver, BC Canada V6Z 2L2

8 L AW C O U RT S C E N T E R SUPREME COURT OF BC RULES OF COURT UNCONFERENCE MARCH 19, 2014, 2:30 PM TO 7:00 PM COMFORT HOTEL & CONFERENCE CENTRE 3020 BLANSHARD STREET, VICTORIA As the Supreme Court of BC Rules of Court approaches its fourth year of existence, it is a good opportunity to take stock of what is working and what continues to challenge the litigation community. At this un-conference, the delegates get to choose the topics of discussion. There are two streams: civil and family. Participants will be asked when they register what topics they would like to discuss. Based on the entries, there will be three topics selected for civil and three for family. The end key note will be provided by Justice Malcolm Macaulay. CPD: 4.0 hours including 0 hours in professional responsibility, client care and relations, and practice management. REGISTER ONLINE: REGISTRATION (INCLUDES GST # ) q Single Seat $ Register on-line at: Howe Street, Vancouver, BC Canada V6Z 2L2 Questions? write: <dom@lawcourtscenter.com> or call B! 403

9 lawcourtscenter.com What is a unconference? unconferences are generally unstructured events that rely on the collective wisdom of its delegates. Each unconference is made up of two to three unsessions. Delegates use these unsessions as professional networking opportunities to benchmark and to fine-tune best practices. Supreme Court of BC Justice Malcolm Macaulay is this event s end keynote speaker. There is a selected major topic (ie the SCBC Rules of Court); sometimes the topic is too broad that it may be divided up into streams (ie Civil Rules and Family Rules). The sub-topics are determined by the delegates. A. What happens before the unconference During registration, delegates submit their preferences for sub-topics. Prior to the start of the unconference, the sub-topics are announced based on popularity. Delegates get to go to the sub-topics that they want to attend. B. What happens during the unconference Each unsession is allotted 30 minutes; then, delegates get to move to the next table. Each unsession begins with delegates introducing themselves in 10 seconds or less. The designated secretary will have prepared a number of topics that the group might use to spur conversation. Ultimately, it is up to the delegates to decide what topics to discuss. The secretary will facilitate the flow of the conversation by ensuring everyone has an opportunity to share and by determining when to move on to the next topic. C. What happens at the end of the unconference The designated secretary will provide a preliminary oral report at the end of the unconference. A consolidated report will be sent to the delegates thereafter. B! 403

10 SCHEDULE FOR APRIL 28 AND 29, 2014 (9:00 AM TO 5:00 PM) Canadian Paralegal Institute Civil Litigation 102 This two day program is designed for juniors to gain an understanding of the civil litigation process and its Rules. At the end of their studies, the attendees will be able to put the theory into practice and they will have the tools to successfully assist in a civil litigation file from start to finish. The explanations made a difference. It is easier to have someone with so much experience lay it all out rather than just reading the Rules. For junior lawyers, solos, paralegals and legal secretaries! COURSE PREREQUSITE There is pre-course work that will be assigned. COURSE REPORTING FOR CPD This is a mandatory course for the Canadian Paralegal Institute Qualifed Paralegal Program in Civil Litigation. For those with CPD requirements, this course is 14.0 hours long with 1 hour devoted to ethics, professional responsibility, ethics, client care and relations. If you meet 70% of the course expectations, a Certificate of Completion is issued to you. LOCATION CPD Room 840 Howe St #150 Vancouver BC INSTRUCTOR Kate Austin, Paralegal, Nathanson Schachter & Thompson LLP RESERVATIONS Please complete the form below and return to:, Legal Education Program, Howe Street, Vancouver, BC V6Z 2L2. Make cheques payable to. For more information please <dom@lawcourtscenter.com>, or call Let me show you how the different parts of civil litigation are connected! Course Fees: (course materials and HST included) - Single Seat $ Multi-seat & Accredited Group Rate (Amici Curiae & Greater Vancouver Legal Nurse Consultant Association) $ Please send me a copy of the manual only as I am not able to attend. $ Registration: Howe Street, Vancouver, BC Canada V6Z 2L2 1402B!

11 Canadian Paralegal Institute Civil Litigation 102 9:00 9:15 Introductions / Expectations / Housekeeping 9:15 9:30 Background and Applicable Legislation 9:30 9:45 Rules / Notices to the Profession / Practice Directions 9:45 10:15 Provincial Court of BC / Small Claims Court 10:15 10:30 Coffee 10:30 11:00 Pre-Action Considerations 11:00 11:15 Limitation Periods 11:15 11:30 Naming Parties 11:30 12:00 Pleadings Generally - NCC - Response - Reply 12:00 12:45 Lunch (on your own) 12:45 1:15 Field Trip to the Supreme Court of BC This is what will be doing on Day 1 1:15 1:45 Exercise Drafting Pleadings 1:45 2:15 Amending Pleadings 2:15 2:30 Service 2:30 2:45 Calculation of Time 2:45 3:00 Coffee 3:00 3:15 Exercise Calculation of Time 3:15 4:15 Discovery Procedures - List of Documents - Examination for Discovery - Interrogatories - Notice to Admit - Witness Lists - Notice to Produce 4:15 4:45 Exercise List of Documents 4:45 5:00 Questions / Review Assignment / Reading 9:00 9:15 Expectations / Review of Day 1 9:15 9:45 Applications Procedure 9:45 10:15 Exercise Application 10:15 10:30 Document Collection and Management 10:30 10:45 Coffee 10:45 11:00 Pre-Trial Considerations 11:00 11:30 Trial Preparation / Trial Management Conference 11:30 12:00 Case Planning Procedure 12:00 1:00 Lunch (on your own) 1:00 1:15 Alternatives to Trial Generally 1:15 1:45 Fast Track Procedures This is what will be doing on Day 2 1:45 2:00 Review Exercise: Counting Time 2:00 2:15 Offers to Settle and Mediation 2:15 2:30 Orders Generally 2:30 2:45 Coffee 2:45 3:15 Orders Consents / Chambers / Trial 3:15 3:45 Exercise Orders 3:45 4:15 Costs and Tariff Items (Appendices B & C) 4:15 4:45 Review: Legal Jeopardy 4:45 5:00 Questions / Review Assignment / Reading Canadian Paralegal Institute Howe Street, Vancouver BC Canada V6Z 2L B!

12 In most cases, a family law action is commenced by filing a Notice of Family Claim. However, there are exceptions to this rule. Some matters must or can be commenced by an originating application, or in other words, by a Petition to the Court. Petitions are heard in Chambers under procedural rule 17-1 for a final order, while interim applications are heard in Chambers under procedural rule 10-6 for non-final orders, with the exception of summary trial applications under rule Petitions are normally used when facts of the case are not in dispute. These proceedings differ from the normal proceedings in that pleadings are not prepared; lists of documents are not exchanged; examinations for discovery are not held; and the evidence before the court is in affidavit form. 3 F A M I L Y L I T I G A T I O N Interim Family Applications v Petitions: Notable Rules Rule 3-1(2.2) sets out which matters sought in a family law proceeding must be made by Petition. These applications include orders: a) for adoption; b) for the return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980; and, c) by a person who is not a spouse or former spouse leave under the Divorce Act for: i) interim or permanent custody and/or access to a child; or, ii) an order to vary, rescind or suspend, prospectively or retroactively a custody or support order. Rules 3-1(2.3) and (2.4) sets out that the following orders may be sought by application or by petition, based on Rule 3-1(4): a) declaration of parentage; b) ss. 35 or 36 of the Family Law Act ( FLA ) to recognize a Canadian extraprovincial declaratory order or a non-canadian extraprovincial declaratory order; c) directions sought by a guardian of a child under s. 49 of the FLA; d) s.75 of the FLA to recognize an extra-provincial order; e) s. 231(4) of the FLA to apprehend a child; and/or, f) Divorce Act to vary, rescind or suspend a support or custody order of another court. This then leads us to Rule 3-1(4) to consider the question of whether the order sought should be made by way of interim application or Petition. This rule states that to obtain any of the orders sought in sub-rules (2.3(b)) or (2.4) the applicant must apply for the orders as follows: a) if there is an existing family law action under which it is appropriate to seek the order, the application must be made in that action; or, b) if there is no existing family law case under which it is appropriate to seek the order, then the applicant must start a family law case by Petition. In deciding whether or not to commence an action by way of a Notice of Family Claim and proceed by way of interim application, or by way of a Petition and seek a final order, it all depends on who you are acting for and what order(s) your client is seeking.! Senior paralegal Wendy Matthews practices at Thomas & Associates, she will present Family Chambers Application Procedures 101 on May 31, Trial Preparation: the Consequences of Refusing to Mediate B! (continued from page 2) The defendant did not deliver an offer to settle prior to trial, and the plaintiff sought increased costs as a result. The trial judge said: I am not aware of any obligation on the part of an insurer to deliver an offer to settle prior to trial. In this action it was reasonable for the defendant to proceed on the basis that it had some possibility of being successful on the "threshold motion" and that the jury award might be negligible. It was also reasonable not to serve an offer to settle in the face of the plaintiffs' offers " (which varied up and down considerably). The insurer had every right to make its own assessment of the likely jury award and conduct itself accordingly." What these cases do not address is the evidence required to establish them. In British Columbia, all commercial mediations are confidential, and mediators insist on the parties agreeing that the mediators are not compellable witnesses. This evidentiary issue aside, recent case law seems to indicate that some jurisdictions are strongly encouraging the use of mediation before trial. The courts seem prepared to punish parties, even when successful at trial, when they unreasonably refuse to mediate. If a party does refuse mediation, it had better be able to show a legitimate reason why. Where participation is no more than perfunctory, litigants in these jurisdictions may face severe cost consequences. What will happen in BC remains to be seen.! Mr. Brian Gibbard LLB leads Trial Preparation for Plaintiff Firms 101 on April 17, 2014 He is indebted to Barb Cornish of Singleton Urquhart for bringing most of these cases and the issues raised therein to his attention.

13 SCHEDULE FOR MAY 31, 2014 (9:00 AM TO 5:00 PM) Canadian Paralegal Institute Family Chambers Application Procedures 101 These are the learning outcomes for this course you will learn: 1. what interim applications are and the role of Judicial Case Conferences; 2. to prepare Notice of Applications; 3. to list the requirements in drafting an Affidavit and how to avoid making them inadmissible; 4. to calculate the timelines when personal service is required; 5. to respond to a Notice of Application and ensure it is done within the timelines; 6. to determine timelines to ensure applications are adjourned and reset properly so the hearing date is secured; 7. to create a BF checklist for applications; 8. to know which form of Order to use and the related procedures to get an urgent Order entered; 9. to know how to ensure that Orders are drafted and entered; 10. to amend an Order due to clerical error and how the terms of an Order can be settled; 11. to identify what documents are required and the procedure needed for other applications; 12 to determine when it may be necessary to appear back before a specific judge or master, what documents are needed, and the related procedures; 13. to differentiate final (summary trial) from interim applications; 14. to understand the importance of claiming costs in the Notice of Application and how to ensure they are granted; 15. about self-represented litigants and to develop best practices; and 16. how paralegals can contribute to the interim application process under the paralegal pilot program. CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING For lawyers, attending this course will provide you with 7.0 CPD hours with no hours devoted to professional responsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. LOCATION CPD Room, Vancouver BC. INSTRUCTOR Wendy Matthews, Paralegal Thomas & Associates REGISTER ONLINE: FOR LAWYERS: For more information please call REGISTRATION (INCLUDES HST # ) q Single Seat $ q Multi-seat or Group Rate for members of Amici Curiae $ q Please send me a copy of the manual only as I am not able to attend. $ Howe Street, Vancouver, BC Canada V6Z 2L B!

14 Petitions v. Interim Applications In most cases, a family law action is commenced by filing a Notice of Family Claim. However, there are exceptions to this rule. Some matters must or can be commenced by an originating application, or in other words, by a Petition to the Court. Petitions are heard in Chambers under procedural rule 17-1 for a final order, while interim applications are heard in Chambers under procedural rule 10-6 for non-final orders, with the exception of summary trial applications under rule Petitions are normally used when facts of the case are not in dispute. These proceedings differ from the normal proceedings in that pleadings are not prepared; lists of documents are not exchanged; examinations for discovery are not held; and the evidence before the court is in affidavit form. Rule 3-1(2.2) sets out which matters sought in a family law proceeding must be made by Petition. These applications include orders: a) for adoption; b) for the return of a child under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on October 25, 1980; and, c) by a person who is not a spouse or former spouse leave under the Divorce Act for: i) interim or permanent custody and/or access to a child; or, ii) an order to vary, rescind or suspend, prospectively or retroactively a custody or support order. Rules 3-1(2.3) and (2.4) sets out that the following orders may be sought by application or by petition, based on Rule 3-1(4): a) declaration of parentage; b) ss. 35 or 36 of the Family Law Act ( FLA ) to recognize a Canadian extra-provincial declaratory order or a non-canadian extra-provincial declaratory order; c) directions sought by a guardian of a child under s. 49 of the FLA; d) s.75 of the FLA to recognize an extra-provincial order; e) s. 231(4) of the FLA to apprehend a child; and/or, f) Divorce Act to vary, rescind or suspend a support or custody order of another court. This then leads us to Rule 3-1(4) to consider the question of whether the order sought should be made by way of interim application or Petition. This rule states that to obtain any of the orders sought in sub-rules (2.3(b)) or (2.4) the applicant must apply for the orders as follows: a) if there is an existing family law action under which it is appropriate to seek the order, the application must be made in that action; or, b) if there is no existing family law case under which it is appropriate to seek the order, then the applicant must start a family law case by Petition. In deciding whether or not to commence an action by way of a Notice of Family Claim and proceed by way of interim application, or by way of a Petition and seek a final order, it all depends on who you are acting for and what order(s) your client is seeking.! Course Outline 9:00 introductions, expectations 9:15 - discuss different ways to obtain an Order - chambers procedure, background - review Judicial Case Conference requirements - preparing for applications and drafting essentials - flowchart and review of Rule :45 - completing a Notice of Application - including: judicial districts, lengthy applications, Inherent jurisdiction, & jurisdiction of masters 10:15 Coffee 10:30 - drafting Affidavits - including: exhibits and discuss drafting tips 11:00 - review methods of service - review proper calculation of time 11:15 In-class time calculation assignment 11:30 - completing an Application Response 11:45 - completing Application Records - how to properly adjourn and reset applications - how to file a late Application Record Noon Lunch Break 1 In-class worksheet assignment 1:15 - review appearing in Chambers - including a Post-Chambers Form 1:45 - completing Orders, including: drafting, signing, clarifying terms, service, correcting Orders, and urgent Orders 2:15 - review other types of applications, including: Desk orders, consent orders, without notice orders, Restraining orders, short notice applications, Requisition applications, Request to Appear Back Before a Specific Judge, Summary Trial, and Petitions 2:45 - review how to claim costs, and draft Bill of Costs; - review Appointments to settle Orders and/or assess Costs 3:00 - identify special considerations that can be adopted to facilitate the process of working with SRLs - review best practices for working with SRLs 3:15 Coffee Break 3:45 - discuss how support staff can make themselves more valuable to the firm 4:00 Review learning objectives noted at the beginning of course and discuss post-course work 4:15 Legal Jeopardy 4:45 Summary 5:00 Goodbyes

15 4 a m I C I C u R I a e L e X T u R e S Peeking Past the Blindfold (continued from Page 1) on the problems that immigrants face both in dealing with Canadian society as well as the pressures they face within their own culture. Often, problems arise when the cultures clash, either through a person s adoption of a new way of living, or sometimes through the courts when previous cultural practices go against Canadian standards. For example, while it may be common practice to physically reprimand children in one culture, the extent of the given punishment may fall outside tolerable methods here. External biases are numerous and take on forms that most might not even consider. There are the obvious biases race, cultural-specific practices, language, physical appearance, etc. but there is Trial Paper Available in 2 sizes: Barrister 8.5 * 11 $100 Judge 9.69 * $110 Judge s Binder 1 $40 Judge s Binder 2 $45 Printed in red & blue on premium archival paper, 500 sheets in a box Supple leather brief cases perfect for chambers, mediations or trials! also behavior that cuts away at a person s credibility. For example, when a person avoids eye contact, they are often regarded in North American society as untrustworthy and concealing information. For a person from a different culture, this behavior may be a sign of deference and respect. Judge Dossa also spoke of monochronic and polychronic cultures. Monochronic people are very aware of time frames and schedules. They are the people who will show up at 11 a.m. or earlier for an 11 a.m. appointment. They are also more likely to give statements based on linear timelines. Polychronic people show up to appointments or meetings 45 minutes late without reason or apology, because time in their culture is seen as more fluid and less structured. Their recall of events is also less linear they are more likely to give a statement based on events that were occurring that lead up to the incident, rather than specific times or dates. As you can imagine, North Americans look upon people who are habitually late as disrespectful or thoughtless. And a person who cannot recall the circumstances leading up to a notable event in their life in a direct manner will not likely be seen as credible, or perhaps even interested in the outcome. Internal biases are sometimes more harmful than external ones. The pressures immigrants face within their own cultural community to behave a certain way can often create more problems than the current problem they are facing. A woman who is being physically or mentally abused by her husband may not have any recourse in the country from which she emigrated, but because she is in Canada, she has more resources to assist her. While all she needs to do is seek help from the police or a women s shelter, she may not because it would reflect poorly on her husband and her family. While it is easy enough for us to say, Get out and get help, that action may cost her the support of her own family and perhaps the cultural community (through ostracizing), or in extreme cases, her life. Judge Dossa s lecture made it clear that it is no longer enough to just be aware of cultural differences; we must also be sensitive to the issues that surround cross-cultural Legal Education Trial Brief Preparation Legal Printing & Legal Supplies legalpresents.com B! 1403 Briefly! is intended to provide information on new developments in litigation and law practice management. For information, contact Dom Bautista at or at dom@lawcourtscenter.com Law Courts Center 840 Howe ST #150 Vancouver V6Z 2L2 interaction and be willing to work within and around those differences in order create a more accessible legal system. While it is arguable that too much consideration of and deference to these cultural challenges creates a tiered justice system, the challenges that face immigrants with deeply ingrained cultural practices must also be taken into account if we want to continue to keep the blindfold on Lady Justice.! Judge Dossa s lecture is part of the Amici Curiae LEXtures: see Mackenzie Fujisawa LLP paralegal Mayette Ostonal is an Amici Curiae volunteer and an adjunct instructor for.

16 L A W C O U R T S C E N T E R AMICI CURIAE LECTURE SERIES March to June 2014 Held every second Tuesday of each month A lecture series devoted entirely to looking for ways to work with Self-Represented Litigants Much has written about how the high cost of litigation has caused a number of people to opt to represent themselves. A review of the annual reports of the courts in British Columbia attests to the increasing number of self-represented litigants (SRLs). Stakeholders feel that this trend is a cause for concern. Having themselves is not a phenomenom anymore: they are here to stay. Perhaps the time has come to consider working with SRLs. Working with SRLs, who often do not have the years of education, knowledge of the system, and experience in the field of law, requires the adoption of many best practices. And that is the object of this lecture series. Pleadings for the SRL March 11, 2014 Supreme Court of BC Justice Joel Groves will discuss how to prepare pleadings and petitions of SRLs so that they are clear, concise and compelling. Preparing an SRL to appear in front of a judge April 8, 2014 Once the SRL reaches the point where they have to appear in chambers or in court, they need to get a sense of what to expect. Justice Paul Walker of the Supreme Court of BC will cover a wide range of topics from decorum, civility, how to make opening statements, handling experts, evidence and much more. This lecture will 90 minutes long. Working with older adults May 13, 2014 Kevin Smith who is counsel with BC Centre for Elder Advocacy and Support will discuss how older adults differ as clients, and some best practice tips. Ethical challenges, including interested 3rd parties family members, new best friends. Dementia and legal capacity questions will also be covered. RATES: (any materials will be provided electronically and taxes included) GST R q Single Seat Rate (limited to 30 seats): $ q Webinar License Per Person: $ q Amici Curaie Pro Bono Paralegal Volunteers and Mentees Free REGISTER HERE: Howe Street, Vancouver, BC Canada V6Z 2L2 1403

17 SCHEDULE FOR MARCH 20, 2014 (9:00 AM TO 4:00 s Comfort Hotel and Conference Center WESA & Probate Rules & Procedures A FULL DAY WORKSHOP THAT FOCUSES ON WESA & PART 25 OF THE SUPREME COURT OF BC RULES ANCHORED BY CASE STUDIES Learn about the thinking behind the new probate rules as set out Part 25 of the current Rules of Court and the Wills and Estates Succession Act (WESA) which will come into force on March 31, This is your opportunity to learn more about the forms and the procedures. Develop best practices including how to provide notice and when to amend forms in accordance with Rule Plus, you will be engaged with a slate of case studies to apply what you have learned in both areas. For example, you will work on a case involving a person entitled to notice not responding immediately to electronic notice. You will have an opportunity to see how an application for probate, administration, ancillary grant and resealing would work. With some variation in the fact pattern, you will learn what to do if an executor renounces their right to be executor or if only a copy of the will is available. You will be working on at least one case for an intestacy to show how the distribution is to occur and will work through a scenario that explains how a personal representative should respond if a spouse says they are using genetic material after death (posthumous conception). CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTING This course is an elective in Canadian Paralegal Institute s Qualified Paralegal Program in Civil Litigation. For your mandatory reporting of CPD hours, this course is 6.0 hours with 1.0 hour devoted to professional responsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least 70% of the course requisites. LOCATION Comfort Hotel & Conference Centre 3020 Blanshard Street Victoria, BC V8T 5C7 INSTRUCTOR Mr. Tyler Nyvall, legal counsel, Ministry of Justice QUESTIONS? Please write dom@lawcourtscenter.com or call Registration: Course Fees: (course materials and GST included) q Single In-Person Seat $ q Multi-seat or Amici Curiae Rate $ q Please send me a copy of the manual only as I am not able to attend. TBA 1403 B! Howe Street, Vancouver, BC Canada V6Z 2L2

18 A Primer on Probate Rules and Forms SCBC Civil Rules Part 25 On March 31, 2014 the new probate rules and forms will come into force with the newly created Wills, Estates and Succession Act (WESA). The new probate rules will be incorporated into the Supreme Court Civil Rules under Part 25 which will replace the existing Rules 21-4 and Below are the key revisions: 1. Notice Applicants who wish to file their application to apply for a grant of probate or letters of administration must wait 21 days after giving notice to people with an interest in the estate (beneficiaries under a will, people entitled to the estate if there is no will and significant creditors, those who are owed $10,000 or more). Nyvall explained that the ministry implemented the 21 day rule in order to provide a meaningful opportunity for interested people to file a dispute and oppose the application. In addition, notice is deemed to have been given on the day that the notice was mailed or sent by an electronic method, however, if notice was sent electronically, the applicant is required to obtain confirmation of receipt. Rule 25-2 will detail the new requirements regarding notice. 2. Forms The ministry has revised the application forms to allow applicants to have the option of using short form or long form affidavits depending on the complexity of their application. The long forms were created to assist the registrars when processing applications as it will contain more information and reduce the need for registrars to obtain further information from the applicants. The new forms have been drafted from the applicant s perspective and have made use of check boxes to ensure applicants are aware of what information must be provided. Information regarding the use of forms can be found under Rule Affidavit of Assets and Liabilities & Authorizations One of the significant issues facing applicants who are applying for a grant of probate or letters of administration is obtaining information from the deceased s financial institutions to complete the application. Financial institutions are reluctant to provide information to the applicants regarding the deceased s assets and liabilities as they are not sure if the applicants are entitled to the information. To resolve this concern, the new probate rules will allow applicants to file an Affidavit of Assets and Liabilities detailing the deceased s financial information after the application for grant has been filed. Furthermore, the registry will issue a document called Authorization to Obtain Estate Information (AOEI) to assist applicants who are unable to obtain the deceased s financial information from these third parties. The issuance of the AOEI from the registry will assist not only the applicants, but also reassure the financial institutions that the applicants entitlement to the deceased s information. Once the AOEI is delivered to the financial institutions, the financial institutions must provide the applicant with the information of the deceased s assets and liabilities within 30 days. Failure by the financial institution to provide the estate information to the applicant within the 30 days will result in costs against the financial institution. More information can be found under Rule 25-4(1) and Form P18. Under the new probate rules, there is no longer a requirement for the applicant to detail the proposed distribution of the estate. However, confusion may arise because in the Affidavit of Assets and Liabilities it contains a Statement of Assets, Liabilities, and Distribution (SALD). the title of the SALD cannot be amended at this time to remove the word Distribution because the title is used in the Probate Fee Act, which is not being amended at this time due to concerns the Ministry of Finance will propose changes to the probate fees being charged. 4. Foreign Applicants Under the Rule 25-3(2), foreign applicants can file an Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant which only requires a list of all properties of the deceased that are within BC. The foreign applicants are no longer required to include any assets of the deceased that are outside of BC on the SALD. See Form P Multiple Applicants In situations where there are multiple applicants applying for a grant, the new probate rules have simplified the procedure by only requiring one detailed affidavit from one applicant. A new court form has been created to allow other applicants to complete and file an Affidavit in Support of Application for Estate Grant, where they are to confirm they agree to the information provided in the detailed affidavit and agree to accept joint legal responsibility with the other applicants. 6. Procedure After Applying for Estate Grant Under the Rule 25-4 and Section 129 of the WESA, registrars will have the authority to issue grants and to refuse applications. The new probate rules will provide the registrars with greater direction with respect to approving and declining applications for estate grants. Now, under the Rule 25-5, applicants can apply to the registrar to correct an estate grant or to reseal a foreign grant if the errors are a form of a clerical mistake, or an error arising from an accidental slip or omission. If satisfied that a mistake has been made, the registry will issue a form called the Correction Record Form P20.! Howe Street, Vancouver, BC Canada V6Z 2L2

19 INSTRUCTOR: Gerrie Campbell, Senior Paralegal with Bronson an Jones Here is what you will learn: What are Part 7 benefits and who is eligible How to take a Part 7 claim out of ICBC's Low Velocity/Minimum Damage policy What invoices you can submit immediately and what are special damages How to get ICBC to pay for treatment What is the purpose and the limitations of an Independent Medical Examination Tricks for organizing the special damage file Everything you need to know about TTD benefits including what ICBC wants to know DESK REFERENCE MANUAL ON MANAGING PERSONAL INJURY FILES Drawing on the author s practical experience, this compact Desk Reference Manual provides a quick and convenient resource for handling all stages of a personal injury file. A valuable companion disk included in the Desk Reference Manual contains the digital version of the forms and checklists. LOCATION Howe Street, Vancouver BC FOR MORE INFORMATION or dom@lawcourtscenter.com COURSE REPORTING For your CPD, this course is 7.0 hours long with 1.0 hours devoted to ethics, professional responsibility, ethics, client care and relations. If you meet 70% of the course expectations, a Certificate of Completion is issued to you. ON-LINE REGISTRATION: REGISTRATION FEES (HST INCLUDED) q Single Seat rate of $ q Multi Seat rate of $ each (registered at the same time) q Send me the Part 7 Benefits Desk Reference Manual $ RESERVATIONS Please complete and return the form with a cheque. Please make cheques payable to. GST R MONEY BACK GUARANTEE IF NOT COMPLETELY SATISFIED! Legal Education Program Howe Street Vancouver, BC V6Z2L2 MAY 24, 2014: 9:00 AM to 5:00 PM PART 7 BENEFITS 101 T his course will provide you with an understanding and a hands on practice in identifying the difference between Part 7 benefits and special damages and in calculating Total Temporary Disability (TTD) benefits. 7.0 HRS CPD / 1.0 HRS CLIENT CARE w w w. l a w c o u r t s c e n t e r. c o m