SR Vol 28 No 1, January 2010 - Nova Scotia Barristers' Society

the
SOCIETY
RECORD
VOLUME 28 | NO.1 | January 2010
NOVA SCOTIA
BARRISTERS’ SOCIETY
www.nsbs.org
The Futures Project
Adapting for the new decade
VISION, LEADERSHIP, EXCELLENCE – THE LEGAL PROFESSION IN NOVA
January 2010
SCOTIA
1

Forensic Engineering Services
for Civil Litigation Lawyers
Geotechnology Ltd. is a consulting engineering firm that provides forensic civil engineering, geotechnical, foundation
and environmental engineering services to civil litigation lawyers and insurance personnel.
Forensic Engineering Experience
Geotechnology has 36 years engineering investigative experience in Atlantic Canada, western and northern Canada,
offshore, and overseas in the UK, Australia and the Caribbean.
We have investigated and determined the cause, and assisted in establishing fault, for the six main types of problems and
damage experienced by buildings, civil engineering structures, and property: 1. Structural Collapse and Failure; 2.
Architectural Finish; 3. Functional and Serviceability; 4. Hidden Damage; 5. Monetary Losses, Construction Delays and Cost
Overruns; and, 6. Environmental Contamination.
Engineering and environmental investigations have been completed for most types of civil engineering structures: Buildings;
Bridges; Wharves and Harbour Works; Towers, Storage Tanks; Dams; Pipelines; Drainage Works; Embankments and
Earthworks; Tunnels; Highways; and Motor Vehicle and Industrial Accidents.
Professional Qualifications
Eric Jorden, M.Sc., P.Eng., president of Geotechnology Ltd., has a Master’s degree in geotechnical and foundation
engineering from the University of Birmingham, England. He has a first degree in civil engineering from the University of
New Brunswick, and a diploma in land surveying from the College of Geographic Sciences, NS.
Mr. Jorden writes impartial, unbiased reports and opinions based on the facts. His reports are clear, concise and easily
understood by non-technical readers. He has published a number of engineering papers and co-authored a book on soils,
groundwater and foundation investigation. Mr. Jorden has been qualified by the courts as an expert witness. He is credible
and composed when giving expert testimony, and under cross-examination.
Forensic Engineering Services
(Case management follows project management principles to ensure thorough, cost effective forensic engineering
investigations).
1. Preliminary Forensic Engineering Services
• Assess the technical strengths, weaknesses and merits of a claim for damages based on existing data and
information. Outline the scope of a thorough investigation of the problem, if justified by the initial assessment.
2. Main Forensic Engineering Services
• Carry out field work and laboratory testing to investigate the cause of the problem, the damage to a building or
civil engineering structure, or the reason for the contaminated soil and groundwater. Review engineering
drawings, and applicable engineering and environmental regulations, codes and standards of good practice.
• Analyze, interpret and evaluate the data and investigation findings. Develop conclusions and formulate opinion.
• Determine the cause of the damage, or the reason for the contamination.
• Recommend and design repair and remedial work. Evaluate repair and remedial costs.
3. Additional Forensic Engineering Services
• Assist counsel finalize evaluation of the strengths and weaknesses of the damage claim based on the findings of
the forensic engineering investigation.
• Help develop litigation strategy for discovery and trial; litigation support.
• Develop lines of questioning for testimony and cross-examination, including questions not to ask.
• Attend discovery and trial, assist counsel by listening to opposing witnesses and experts, identify flaws and errors,
and the strengths and weaknesses of opposing testimony, develop additional lines of questioning.
• Testify as an expert witness at discovery and trial
• Review and audit engineering investigations and environmental assessments and reports by others; dispute resolution.
More Information
Contact Eric Jorden, M.Sc., P.Eng. at Geotechnology Ltd. for more information: Curriculum vitae;
fees; publications and major reports; list of forensic engineering and major investigations; typical
engineering investigations for design and construction, and environmental assessments for site
remediation; professional activities; technical associations.
Geotechnology Ltd.
Forensic Engineers
Civil, Geotechnical, Foundation and Environmental Engineers
23 Roslyn Dr., Dartmouth, Nova Scotia, Canada B2W 2M2
Tel: (902) 435-4939
Fax: (902) 435-5840
E-mail: ejorden@eastlink.ca
Eric Jorden, M.Sc., P.Eng.
Forensic Engineer
Consulting
Professional Engineer
2 The Society Record

Contents
VOLUME 28 | NO.1 | january 2010
5 The President’s View
6 Briefs
10 Society News
13 Accolades – a new column from the Gender Equity Committee
14 The future of continuing legal education: where do we go from here – Marla Cranston
the
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Barristers’ Society
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Copyright ©2010
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lneily@nsbs.org
Pullout section – VOL. 35, No. 1 NOVA SCOTIA LAW NEWS
18 Rocking for Dimes – Pam Sullivan
20 Leadership takes time and effort – Julie Sobawale
24 Transformative gift makes legal education more accessible – Marla Cranston
26 LIANS – Tips from the Risk & Practice Management Advisor
28 Book Review – Brian P. Casey
30 Summation – Ronald J. MacDonald QC & Catherine Walker QC
inside
FSC_29655 High Res.pdf 4/7/09 12:20:55 PM
page 8 page 13 page 18 page 24
Editor:
Marla Cranston
mcranston@nsbs.org
Graphic Design:
Lisa Neily
lneily@nsbs.org
NOVA SCOTIA
BARRISTERS’
SOCIETY
www.nsbs.org
January 2010 3

Practising
Professionalism
Ethics & Professionalism in 2010
The 2010 Annual Meeting
June 18 & 19, 2010
Digby Pines Golf Resort & Spa
Digby, NS
4 The Society Record

the
president’s
view
This issue’s theme allows a timely opportunity for members
to be updated on recent and anticipated work of the
Society regarding Continuing Professional Development
(CPD). Many of you were involved in the work of the “Futures
Project,” which was undertaken in late 2008 and 2009. The
Futures Committee interviewed hundreds of lawyers throughout
the province to obtain their views on how changes in the legal
profession may impact future CPD needs.
The conclusions drawn from the work of the Futures Project
include the following:
• In order to be competent, lawyers need to understand the
context in which clients are operating;
• Education for lawyers has to include more than
substantive law and traditional “lawyering” skills;
• Education for lawyers needs to be responsive to
individuals;
• Lawyers need strong self-assessment skills so they can
assess their own competency;
• Lawyers need strong client-management skills;
• In order to be competent, lawyers need to engage
technology and knowledge management;
• Lawyers need to practice preventive law to assist clients in
managing risks;
• Lawyers should support raising the competency level of
the entire profession by sharing knowledge, services and
educational information; and
• The Society and lawyers need to work with other education
providers, including those outside the legal profession.
These conclusions will form the basis for the design and development
of the Society’s future continuing competence program. In
considering the elements of its CPD program, the Society intends
to consider the term “Continuing Professional Development” in
the broadest context, with an emphasis not only on the need for
a lawyer to be competent in substantive legal knowledge, but also
in a variety of areas including ethics, practice management, client
management, cultural issues, risk prevention, financial management
and “personal” management.
The mechanics of how a revamped CPD program will operate are
actively under discussion by the Society. Should any component be
mandatory Is there a need for monitoring or accrediting any CPD
Programs How much CPD is enough Should the Society be a
provider of CPD programs, or should its role be more facilitative
In considering these and other questions, the Society must be
mindful of a variety of factors:
• how best to utilize a CPD framework to maintain both
member and public confidence in the Society’s ability to
regulate its members;
• the need for flexibility vs. one size fits all;
• the tension between self-regulation of the profession by
the Society and self-regulation by members of their own
practices;
• the reality that despite a requirement for mandatory
training in CPR (Civil Procedure Rules) last year, 15
per cent of the membership still reported engaging in
absolutely no professional development activities;
• the statutory requirement for the Society to establish
standards for competence;
• the financial and resource implications of any required or
recommended programs;
• the framework used in other professions, where some
form of continuing competence requirements have been
well established for decades;
• developments in other law societies both internationally
and in Canada, where several provinces are implementing
mandatory CPD requirements, while at the same
time Alberta is opting instead for a self-assessment
system leading to the preparation of an individualized
professional development plan;
• increasing government scrutiny and intervention in the
regulation of the professions.
As the Society progresses through the development stage of an
updated continuing competence program, it will be critical to
obtain the views of the membership with respect to any proposed
framework. I urge you to watch for updates in InForum and other
Society communications and to provide feedback, recognizing that
the finalization of a new CPD program will impact every practising
member of the Society and the future of the legal profession in
Nova Scotia.
Ron Creighton QC
President
January 2010 5

BRIEFS
2009 Criminal Law Conference: A Criminal Law Smorgasbord | A Meal Unlike Any Other
The 2009 Criminal Law Conference, co-hosted by the Nova Scotia Barristers’
Society and the Nova Scotia Criminal Lawyers’ Association, was a smashing
success. Keynote speakers, Dr. Stuart Grassian MD and The Honourable
Justice David Watt of the Ontario Court of Appeal, spoke to a sold-out crowd
on topics including the impact of solitary confinement on inmates and the
law of disclosure, among others. This annual event highlights the knowledge
and expertise of the members of our judiciary and Bar. Mark your calendar
for this year’s conference, scheduled for November 19, 2010.
Afternoon keynote, Dr. Stuart Grassian, MD
Impaired Driving Panel: Mike Taylor, the Honourable Alan Tufts & William Delaney
First LIANS/RPM Solo and Small Firm Conference a success
Solo and small firm practitioners from across the
province flocked to the first conference hosted by
the Lawyers’ Insurance Association of Nova Scotia
and its Risk and Practice Management Program. On
November 30, 84 attendees enjoyed six sessions with
top-notch local and visiting panelists, as well as a
vendors’ expo featuring products and services relating
to the successful function of solo and small firms.
Left to right, during a break at the Best Western Chocolate
Lake conference facilities: David Bilinsky, Practice
Management Advisor, Law Society of British Columbia;
Deborah Gillis QC, Risk and Practice Management Advisor,
LIANS; Geraldine O’Shea, Acting Director, LIANS; Gus
Richardson QC, AD+REM Alternative Dispute Resolution
Services Inc., Halifax; Dan Pinnington, Director of
practicePRO, Lawyers’ Professional Indemnity Company
(LAWPRO), Toronto. For more details, see page 26.
6 The Society Record

BRIEFS
Ten new judges for Nova Scotia in 2009
The past year was an active one for judicial appointments across Nova Scotia – the province’s courts welcomed 10 new judges in
2009, from Yarmouth to Sydney. The Society toasts their achievements at a Testimonial Dinner on January 8, which also honours five
recently retired judges: the Hon. Mr. Walter R.E. Goodfellow, the Hon. Mr. Jean-Louis Batiot, the Hon. Ms. Anne Crawford, the Hon.
Mr. John MacDougall and the Hon. Mr. David Milner.
The Hon. Judge Del W. Atwood (top left, with the
Honourable J. Michael MacDonald, Chief Justice of
Nova Scotia) and Judge Richard J. MacKinnon (top
right) were sworn in November 27 at the Nova Scotia
Provincial and Family Courts. The former prosecutors
preside in Truro and Bridgewater, respectively. The
Hon. Justice Peter M.S. Bryson (at left) and Justice
David P.S. Farrar shared a ceremony October 2 at
Nova Scotia Supreme Court. Justice Farrar, presiding
in Yarmouth and Digby, was a partner with Stewart
McKelvey while Justice Bryson, who sits in Halifax, was
a partner with McInnes Cooper.
Most recently, Judge Jean M. Dewolfe was sworn in
December 18 to join the Nova Scotia Provincial and
Family Courts in Amherst. Other judges sworn in
during 2009 are the Hon. Justice Duncan R. Beveridge,
Justice Cindy A. Bourgeois, Justice Elizabeth Jollimore,
Judge Pierre Léon Muise and Judge Jean M. Whalen.
Photos by John Piccolo/Courts NS
January 2010 7

BRIEFS
Annual networking event for Race Relations Committee
The Society’s Race Relations Committee (RRC) held its annual fall networking event at Premier Wine & Spirits on October 27th, 2009. This
event brings together Aboriginal, African Canadian and other racial minority lawyers and law students to network and get to know one
another. Those who attended expressed that they enjoyed meeting new colleagues in a comfortable, relaxed atmosphere.
Members of the Race Relations Committee gather for an evening of wine tasting
Ryan Brothers, articled clerk, and Jessica Upshaw, Dalhousie
law student, deliberate over a sample of red wine
Waycobah lawyer carries Olympic flame for community
When offered a chance to run in Halifax with the Olympic
flame, Jarvis Googoo jumped at it – but switched to a route in
Waycobah First Nation, Cape Breton.
“I wanted to carry it in my community, on my home reserve,”
says Googoo, who currently practises with the Confederacy of
Mainland Mi’kmaq in Millbrook and expects to be glued to the
hockey once the international event gets underway next month.
On Nov. 17, his run was featured in a Globe and Mail article
that discussed protests the torch has met in some Aboriginal
communities. Googoo respects the differing views but says:
“The Olympics has its fair share of dissent yet at the same time,
it brings together nations. To be able to help with that in some
small way, and carry the torch for my Mi’kmaq community,
made me very proud.”
Thrilled to see how many youth and elders came out to cheer
him on during his 200-metre “slow jog,” Googoo adds “it was a
great experience but it just went way too fast!”
Jarvis Googoo: “It was a great experience.”
8 The Society Record

BRIEFS
Canada’s Chief Justice welcomes new Canadian citizens at Pier 21
The Chief Justice of Canada paid a visit to Halifax on
November 2 to preside over a special Citizenship Court
at Pier 21, Canada’s Immigration Museum. The Rt.
Honourable Madame Justice Beverley McLachlin was
on hand to swear in 53 new Canadians from 25 different
countries, in a ceremony at Kenneth C. Rowe Heritage
Hall.
Ten years ago, Chief Justice McLachlin became the first
woman appointed to the top post at the Supreme Court
of Canada. Also a decade ago, Pier 21 first opened its
doors as a museum. The citizenship event marked
another important milestone – Pier 21 dedicated its new
Nation Builder Plaza the same day. George Cooper QC,
Pier 21 Foundation Board Member, publicly announced
Canada’s seven Nation Builders: Rudolph P. Bratty, Leslie
L. Dan, Ruth M. Goldbloom, Belle Iris Macdonald, John
W. McConnell, W. Galen Weston and “The Immigrant,”
representing everyone who chose and continues to
choose Canada as their home. One million dollars was
donated by or in recognition of each of the seven Nation
Builders, toward Pier 21’s endowment fund.
Presenting a citizenship certificate to Dora Wei of China
Photo by Ryan Taplin/Metro Halifax
NSBS Council’s Public Representatives for 2010
At the 2009 NSBS Annual Meeting in Baddeck last summer,
the Society welcomed two new Public Representatives to
serve on Council. Kenneth Allison Nason and Annette L.
Marshall were appointed to serve two-year terms until June
2011, joining Dr. Grainne Neilson, who was appointed in
2008. Public Representatives have full voting rights, sit
on committees and help bring the public perspective to
governance of the legal profession in Nova Scotia.
January 2010 9

society
news
Admissions & Professional Development
Finance & Administration
Intensive Trial Advocacy Programme
Society members are invited to register for an excellent program
taking place this summer at the Université de Moncton in New
Brunswick. The Intensive Trial Advocacy Programme isn’t just
for lawyers early in their careers – it’s designed to develop and
enhance trial skills and insights at all levels of experience.
Presented by the university’s Faculté de droit from June 6 to 12,
the program is a version of the Intensive Trial Advocacy Workshop
presented every year since 1979 by the Osgoode Hall Law
School in Toronto, and by the Barreau du Québec in Sherbrooke.
Both of these programs are widely acclaimed by the profession
and are regularly oversubscribed.
The Moncton faculty will include 45 judges and senior criminal
and civil trial lawyers from across the Atlantic region, as well
as from Montreal, Quebec, Toronto and Chicago. There will be
prosecutors and plaintiff and defence counsel with extensive
criminal trial experience, though the skills learned will cut across
all fields of litigation, including civil and family court work.
The Intensive Trial Advocacy Programme is not based on lectures
or panel discussions. Its purpose is to teach the fundamentals
of trial advocacy and to correct ineffective practices and
mistakes. “Intensive” is an apt description for the program, with
eight hours of instruction, performance, critique and preparation
each day, and a full mock trial before a jury on the final day.
Each limited to 32 registrants, the two sections of the program are
structured around small group teaching, to ensure participants
receive adequate individual attention. Registrants will learn by
performing assigned exercises and problems in groups of eight
for much of the program, receiving immediate feedback from
their instructors. Extensive use is made of audio-visual resources
– all participants will be videotaped and critiqued.
Watch InForum and the website for further updates on this
unique learning opportunity in the coming weeks, or find the
detailed brochure and registration details online now at www.
umoncton.ca/umcm-droit.
On December 4, 2009, Council took some time to
review and reflect on the Society’s strategic initiatives in support
of its purpose to “uphold and protect the public interest in the
practice of law.” During the course of this planning session, staff
presented trends that have been observed in the profession and
within the Society.
Key among trends in the profession is a slowing of membership
growth in Nova Scotia. From a 2.7 per cent increase in annual
growth in the practising membership in 2002 and 1.9 per cent
in 2005, the trend has been downward, decreasing to 1.4 per
cent growth in 2007, 1.1 per cent in 2008, and 0.8 per cent to
January 2009. Through 2009, despite admitting more than 70
new members, the Society has seen zero net growth in the
number of practising members—so an equal number have
moved to a non-practising membership category. Adding to this
trend is the fact that in 2009, there were just 58 articling clerks in
the province—when Nova Scotia normally has 75 to 80 articling
clerks in any one year.
Another trend within the practising membership is the general
aging of the population. In 2006 (the first year of the Annual
Member Report), 24.5 per cent of the practising membership
had been called to the bar more than 27 years prior. By 2009, that
group (more than 27 years at the bar) represented 27.9 per cent
of the practising membership.
Other trends presented to Council included expenditure trends.
For the fiscal years ending April 30 from 1995 to 2002, gross
expenses increased by 29 per cent. From 2002 to 2009, gross
expenses doubled (a 100 per cent increase). Included in the
doubling of expenses from 2002 to 2009 was a 295 per cent
increase in Professional Responsibility expenses, due in large
part to the rising costs associated with increasingly complex
investigations and audits.
As we look to the future, these trends will weigh heavily as Council
works to set its budget and levy (the practising membership fee
provides 75 to 80 per cent of the Society’s budget), in order for
the Society to continue to fulfill its legislated purpose.
For more information on professional development opportunities
available in Nova Scotia and beyond, see our website at
www.nsbs.org/development.php or contact the Admissions &
Professional Development Department at 902.422.1491.
10 The Society Record

society
news
Library & Information Services
Professional Responsibility
Library & Information Services (L&IS) continues to
make improvements to its array of online tools and resources to
better serve the membership. One tool with recent improvements
is the online Nova Scotia Annotated Civil Procedure Rules
(http://nslaw.nsbs.org/nslaw/). Until recently, L&IS staff were
only able to update the website pages, leaving the PDF versions
of the rules to be updated at a later point in time by an external
body. Now, with the implementation of a tool called Lexpress,
staff can update both the website pages and the PDF documents,
thereby ensuring that both versions are accurate and up to date
as soon as possible with new amendments and annotations.
Other improvements were made to Best Practices
(www.nsbs.org/librarydatabases.phppage=BPQBE), the
professional responsibility research tool created and maintained
by L&IS in conjunction with the Professional Responsibility
department. Best Practices combines the Legal Ethics Handbook
with additional resources, such as ethics rulings and advice,
guidelines and precedents, and digests of dispositions from
the Complaints Investigation Committee and decisions from
the Hearing Committee. This tool is now further enhanced with
the addition of links from the digests of Hearing Committee
decisions to the full text of the decisions on CanLII. Regular
readers of InForum will know that digests of matters heard by
the Complaints Investigation and Hearing Committees are now
included in the Society’s biweekly electronic newsletter.
Staff have created a number of subject-specific resource lists for
members outlining the legislation, report series, case digests,
encyclopedias, journals, textbooks, forms and precedents, continuing
professional development materials, practice materials
and websites available through L&IS. The subject areas covered
by these resource lists include criminal law, family law, labour
and employment law, real property law, elder law and finally, wills,
estates and trusts law. Members can access these resource lists
in PDF format by going to the “Library” portion of the Society’s
website (http://www.nsbs.org/guides.php). L&IS staff recently
added a resource list for risk and practice management to the
website and members should expect to see a resource list for
professional responsibility as well, in early 2010.
To learn more about L&IS’s tools and resources, or for assistance
with information needs, please contact staff at L&IS by calling
1-866-219-1202 or 425-BOOK (2665), or sending an email to
nsbslib@nsbs.org.
Since 1990, the conduct of lawyers in Nova Scotia
has been governed by Legal Ethics and Professional Conduct: A
Handbook for Lawyers in Nova Scotia or, as it is more commonly
known, the Legal Ethics Handbook (LEH). Over the years, this
document has had many updates and amendments to keep it
relevant to the evolving practice of law. With the introduction of
the National Mobility Agreement in most Canadian jurisdictions
and the rising number of multi-province (and multinational) law
firms, it has become a priority of the Federation of Law Societies
of Canada (FLSC) to develop national standards for ethical legal
practice.
The Model Code was drafted by a committee of the FLSC made
up of regulator representatives from each province. Created by
lawyers, to be approved by each regulator, the Code focuses on the
public interest as opposed to current rules, which focus more on
member interest. The goal is to create a consistent set of ethics
rules for the country. In so doing, it will level the playing field for
lawyers in terms of their ethical requirements regardless of where
they practice, and create greater consistency in the interpretation
and application of the rules. This will be particularly helpful in
reducing confusion in the area of conflict of interest. It is hoped
that such consistency will also enhance public confidence in our
process and in self-regulation generally.
The Model Code is based on the current Ontario and Alberta
codes of conduct, and will present a more intuitive approach,
with rules falling under six headings rather than our current 24:
• Standards of the Legal Profession
• Relationship to Clients
• The Practice of Law
• Relationship to the Administration of Justice
• Relationship to Students, Employees and Others
• Relationship to the Society and Other Lawyers
It was determined that certain rules of conduct should be
considered in relation to other relevant rules, to provide a
broader context for application; however, most of the LEH rules
already follow those set out in the Model Code, so there is not a
significant shift in substance.
The Ethics and Professional Responsibility Committee will
consider the Model Code in 2010 and make recommendations
to Council for any modifications necessary to comply with local
law or standards. The Society will then likely roll out a crossprovince
education program, and we look forward to engaging
members in discussion of the new format.
January 2010 11

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12 The Society Record

Trinda Ernst QC, Second VP, Canadian Bar Association
ACCOLADES
Trinda Ernst QC, of Waterbury Newton in Kentville, was elected
Second Vice President of the national Canadian Bar Association
(CBA) this past year. She will be President in 2011.
That is a big deal, considering the CBA has about 37,000 members
across Canada, including approximately two-thirds of all practicing
lawyers in the country. It is likewise a big deal that Trinda will be just
the fifth woman—and the second from Atlantic Canada—to hold
this responsibility. 1
Having women in leadership roles is vital. Aside from providing a
more accurate reflection of our profession, it can also garner momentum
to improve the retention of women in the practice of law. The
face of the legal practice has changed drastically since the origins of
the CBA, as Trinda’s upcoming presidency illustrates.
This article barely scratches the surface of Trinda’s extraordinary history
of professional and community service. In sending accolades her
way, the Gender Equity Committee would mainly like to highlight the
work she does to promote a more equitable, welcoming and diverse
legal profession. As Trinda puts it, we need to continue this work until
the face of the profession more closely reflects society in general.
Trinda was front and centre with equity initiatives early on, and did not
lose sight of their importance as she took on increased leadership responsibilities.
She sat on the first Equity Committee of the Nova Scotia
branch of the CBA. Inspired by her work with this committee, Trinda
was motivated to take on a more active role in helping other women in
the profession, particularly young lawyers. She has also served on the
CBA Standing Committee on Equity, the National Executive of the
Women Lawyers Forum, and the Gender Equity Committee of the
Nova Scotia Barristers’ Society. She is currently a member of the Nova
Scotia Legal Aid Commission.
1 Paule Gauthier (Quebec), an Officer of the Order of Canada, was
President in 1992-93. The late Cecilia Johnstone held the presidency for 1993-
1994, before her appointment to the Alberta Court of Queen’s Bench. Daphne
Dumont, of Prince Edward Island, was President in 2000-2001. Susan McGrath
of Ontario occupied the post in 2004-2005.
I began practice as an
associate at Trinda’s
firm. She has the quintessential
corner office
Amy Sakalauskas
Nova Scotia Department of Justice, Halifax
you’d expect of someone with a successful practice now in its 26 th year.
What’s more important about that office is how welcoming Trinda is
inside it. In a time of quickly changing legal work environments, where
the priorities of newbies don’t always mesh with those of seasoned players,
this kind of mentoring is important. Trinda ensures she has not
only an open door, but also open phone and email lines. She has mentored
in other ways as well. Wanting to include newer lawyers, it was
her idea for members of the CBA Young Lawyers Section to act out the
Law Day mock trials. Also, for the past few years, Trinda has organized
regular “road trip lunches,” inviting associates and articled clerks to
drive to nearby communities for a bite. She drives and they all chat,
and not always about the law.
Perhaps a key to Trinda’s longevity and success in law is her life beyond
it. She is an accomplished barbershop singer, is heavily involved
with Rotary International, and has a 40-year relationship with Girl
Guides of Canada-Guides du Canada. When I asked how she balances
it all, Trinda readily admitted that her sleep suffers. While noting
“my charities are my children,” she spoke of her admiration for
women who have children and still find time to volunteer and to
contribute to the legal profession.
Trinda is working to improve legal practice, whether preparing to be
the next national CBA President, or as a senior practitioner maintaining
open lines of communication with junior colleagues. Her efforts
in this, and her work in the community, reflect well on all of us.
Trinda says her best moments are when she feels she has helped someone.
I figure she has had a lot of great moments.
We welcome your submission to Accolades! In each column we will showcase
a different lawyer, firm, group or association to recognize how they
are effecting change in the profession. Feel free to contact a member of the
Gender Equity Committee or Equity Officer Emma Halpern at
equity@nsbs.org to discuss your submission.
January 2010 13

The future of continuing legal education
Where do we go from here
At the outset of a new
Marla Cranston
decade, it’s human
NSBS Communications Officer
nature to gaze at the
horizon and wonder what
change lies ahead. There are no crystal balls or road maps to help
guide continuing competence for the legal profession, in a world
that’s becoming more complex by the minute.
One thing is certain: the legal profession must continue evolving
in order to thrive in times that demand adaptability and creativity.
Lawyers across Nova Scotia have been doing much soul-searching
about this in the last two years, through the Society’s Futures Project,
challenging their assumptions and expanding their ideas about how
the practice of law should adapt to reflect demographic and economic
shifts, new technology, globalization, generational differences,
diversity and other factors that are altering every profession.
To address long-term competence issues, the Futures Project has
conducted extensive research since 2008, with a team including staff,
an advisory committee of senior lawyers and public representatives,
and consultants from BURST! Transformational Solutions. They met
with hundreds of lawyers in focus groups, workshops and interviews,
canvassing their input on competence and education needs.
Here’s a small sample of common concerns expressed:
• “We need more collaboration”
• “We need to let go of adversarial approaches to problem
solving”
• “I’m more than disappointed with the access people have
to justice”
• “We can’t afford to take legal aid work or do pro bono
work”
• “I thought law was a profession, not a business!”
• “We have to stop being afraid of technology”
• “We need education in new ways of practising”
Building on the groundwork laid by the Continuing Competency
Task Force (2006), the Futures Project also generated Nova Scotia’s
first public perception survey about the legal profession and studied
competence regimes in other law societies across the country and
around the world. The results of these efforts were delivered to Council
in December in a thought-provoking discussion paper (available
at www.nsbs.org). Council voted to appoint a working group to
translate the findings into a concrete action plan for establishing new
professional development mechanisms to better meet the changing
needs of lawyers, their clients and the public. An interim report is
due in March.
“Protection of the public is at the core of the Society’s purpose in
establishing standards for professional responsibility and competence,”
says Jackie Mullenger, Director of Admissions & Professional
Development. “It’s also why the Society tries to foster a culture of
continuous learning within the legal profession, yet our statistics
show that many lawyers aren’t engaging in any CLE at all.”
They’re busy managing their practices, she says, and many seek out
education only when they feel it’s necessary – or when they have to.
Self-assessment and mandatory education are two major issues the
new working group and Council will grapple with.
14 The Society Record

“There’s something sweeping across Canada,” says Mullenger, noting
six provinces are embracing mandatory CLE, and Alberta lawyers are
required to complete a professional development plan each year.
The Futures team also concluded that CLE has to go much farther
than substantive law and traditional lawyering skills. “In order to be
competent and to succeed, lawyers need to delve beyond the legal
issues and understand the context within which their clients are
operating,” says Mullenger.
That means understanding
the business climate, but
also developing cultural and
technological competencies
and learning to communicate
more effectively with clients,
a problem arising in many of
the 238 written complaints
and more than 500 intake
calls the Society processes on average each year. Clients have much
different expectations now, and want more of a partnership from
their lawyers.
“During this process, we’ve also been hearing a lot of dissatisfaction
from lawyers,” says Mullenger, adding many of them don’t feel valued
or respected, which is also reflected in the public survey results. “It’s
a hard message to hear. But if lawyers are more satisfied, they’ll be
better lawyers, so continuing competence is definitely in the public
interest.”
A lawyer has a duty to be competent
to perform all legal services
undertaken on behalf of a client.
– Chapter 2, The Legal Ethics Handbook
The Society addresses many of these areas – as well as new legislation
and other legal issues – through its conferences and CPD seminars.
But is it the role of the regulator to be the educator, or should it be
more of a facilitator That’s also up for further study – the Society will
convene a brainstorming session with other key providers early this
year to find better ways to collaborate.
Challenges are also opportunities – for example, technology
makes education far more
accessible. Podcasts, online
courses and practice links
are “really catching on,”
says Tina Tucker, Executive
Director of the Canadian
Bar Association’s Nova
Scotia branch. The breadth
of national programming is
now shared more easily at the
local level, and lawyers enjoy
learning in the comfort of their offices, on their own timetables.
“It’s not complicated technology but it’s a new way of learning for
some people. Once they try it, they’re much more likely to come back
and try it again,” says Tucker.
Mullenger agrees change can create new opportunities: “What skills
will be most important moving forward into the new decade Look at
the changing needs of the public – some lawyers are asking ‘how can
I adapt my practice to engage the aging population”
Much of their frustration stems from balancing legal work with
maintaining a business, particularly for solo and small firm
practitioners. The Futures group concluded “lawyers haven’t really
been trained to run the business side, so practice can become
overwhelming.”
She’s optimistic the Futures Project will translate into more positive
times ahead for the legal profession and the public: “It represents the
potential for change. It’s really important that something significant
comes from this.”
Nova Scotia’s legal profession: current trends & challenges
The Futures Project pinpointed the trends changing the legal profession,
and major challenges affecting success in legal practice,
regardless of firm size, type of practice or geographic location.
THE CHALLENGES
• polarization of legal services
• law as a profession vs. law as a business
• the generational divide
• lack of personal satisfaction
• flattening of the world
• a decline in the profession’s reputation
• failures in communication
• lack of accountability for the profession
THE TRENDS
Demographics: Practising lawyers in the province are aging; rural
practices are declining. On the plus side, more women are beginning
the practice of law and ethnic diversity is also on the rise.
Justice: Justice – and the public’s faith in it – seem to be undermined
by the escalating costs associated with legal proceedings.
Technology: It’s rapidly enhancing access to information and
virtual management of files. But the new tools also changing
clients’ expectations.
Economy: In an ever-evolving economy, markets are increasingly
global and competitive – for lawyers and their clients. Rising
costs are associated with legal practice, and many alternative
careers are now beckoning people who might otherwise choose
to be lawyers.
Read the details in the Futures Project discussion paper, posted at
www.nsbs.org.
January 2010 15

TS2010(2)-half:TS2010(2)-half 10/26/09 1:52 PM Page 1
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16 The Society Record

Presented by the Race Relations Committee of the Nova Scotia Barristers’ Society
SYMPOSIUM TO HONOUR
THE LEGACY OF DONALD
MARSHALL JR.
Friday, March 12th 2010
Mi’kmaq Native Friendship Centre, 2158 Gottingen St., Halifax
Registration at 8am for an 8:30 start
This event is free of charge
Topics include:
• The Mi’kmaq Community and Donald Marshall Jr
• Wrongful Conviction
• Aboriginal Rights
• The Marshall Commission and Beyond
Speakers include:
• Judge Anne Derrick, Bruce Wildsmith QC, Paula Marshall
Opening ceremony to include a prayer, smudge and welcome.
Lunch will be a traditional feast with Mi’kmaq drumming.
Register: http://members.nsbs.org
For more information please contact Emma Halpern:
ehalpern@nsbs.org, 422-1491
Wouldn’t it be nice
if decisions were so easy
Until then, look to a CA
for the talent and integrity
to make the right ones.
www.decisionsmatter.ca
Decisions matter.
28_1365_28671 Ring HalfPg En.indd 1
12/3/08 5:14:50 PM
January 2010 17

Winning band The Trough with event judge John Dunsworth, star of Trailer Park Boys
Rocking for Dimes
Lawyers let out their ‘inner hippies’ to support Conductive Education
Pam Sullivan
Freelancer
From its early Marching Mothers
campaign, initiated in the ‘50s to fight
polio, to today’s work helping people
across the country with physical disabilities,
March of Dimes has made a huge difference in the lives of many
Canadians.
Locally, the charitable organization is perhaps more recently known
for its work in Conductive Education (CE), a system that addresses
not only the physical needs of people with neurological issues, but
also the psychological and social ones. Lawyers and other professionals
recently showcased their musical talents in Halifax to support this
important program, through the annual Rock for Dimes fundraising
initiative.
Previously known as “Rock for Kids,” this nationwide March of
Dimes fundraiser takes place in Vancouver, Calgary, Toronto, Ottawa,
Montreal, London and Halifax. This year’s Halifax event was a
themed competition, celebrating the 40 th anniversary of Woodstock.
Nine bands duked it out for the title of best band on October 22,
with an audience in excess of 500 people at the Halifax Marriott
Harbourfront Hotel.
“Many of the lawyers wore tie-died shirts, bell-bottoms and wigs,”
says Marc Belliveau, a lawyer at Stewart McKelvey and the event’s
main organizer for the past four years. “They really looked like
hippies from the sixties. It was hilarious to see so many straight-laced
lawyers letting their inner hippie out.”
The Woodstock theme was the brainchild of McInnes Cooper lawyer
Bruce Marchand, who joined the organizing committee this year.
Belliveau credits the fun theme and new location, at least in part, for
the event’s overwhelming success. Halifax’s Rock for Dimes raised
more than $30,000 this year alone, a total that matches the proceeds
from all previous years combined.
Belliveau, who played drums and guitar in two bands during the
competition, says music has always been in his blood, so helping to
bring this event to Halifax was a natural next step.
“I began playing music at 12 and always wanted to keep playing, and
found that a lot of lawyers felt the same way,” he says.
Belliveau started playing in the firm’s band upon arriving at Stewart
McKelvey in 2000. He first got the idea for the band competition
in 2002 from a Toronto fundraiser called AIDSbeat, which pits Bay
Street legal bands against one another to generate funding for AIDS
research. A few years later, March of Dimes expressed interest in
bringing its Rock for Kids event to the east coast. The organization
contacted Chip Sutherland, a Halifax lawyer-musician who has
represented some of the region’s top successes, including Sloan and
the Rankins, as well as the Juno Awards and international sensation
Feist. Sutherland asked Belliveau to join him in discussions with
March of Dimes and the local event was born four years ago.
18 The Society Record

Clockwise from top left: Red C (with Q104
emcee and judge Tom Bedell) wins the
award for Most Funds Raised; the crowd
dancing the night away; and guests from
presenting sponsor Bank of Montreal get
into the Woodstock spirit
Planning starts in the spring and it shows, says
Bridgewater lawyer Phil Leefe, who said the
event ran like a “well-oiled machine.” He and
JC Reddy, of the firm Power, Dempsey, Leefe &
Reddy, took the best band prize for the debut of
their group The Trough, which also included a
few non-lawyers. When asked for the secret to
The Trough’s success, Leefe modestly chalks up
the win to a great song list.
Red C, the band from McInnes Cooper,
earned the other top prize (eight hours in a
professional recording studio) for most funds
raised ($7,895). Band member David Graves
QC, also on the event’s organizing committee,
says Red C’s fundraising campaign came down
to the hard work of staff and the generosity of
organizational and partner sponsorships – both
for the event and the band.
As for the future of Rock for Dimes in
Nova Scotia, it’s here for the long ride, says
Belliveau.
But he adds: “It’s going to be hard to top this
Woodstock theme!”
Sponsors of Rock for Dimes include Stewart
McKelvey, McInnes Cooper, Bank of Montreal,
Capital Health, TD Bank Financial Group,
Wagners law firm and AMG.
Conductive Education Nova Scotia
Before the music started at Rock for Dimes, May Banting and her mother
Debra took the stage to explain the impact of the March of Dimes Conductive
Education (CE) program in their lives.
May, who is 19 years old and has cerebral palsy, has made great strides
towards increased independence and mobility since starting the innovative
program four years ago, with noticeable improvements in her strength and
balance.
“The real benefit of the program is its problem-solving approach,” said Debra.
“May is much more confident in her ability to make adjustments and learn
new movements.”
All proceeds from the fundraiser directly benefit the Conductive Education
(CE) Nova Scotia program, which blends elements of education and
rehabilitation. It has proven especially beneficial to children with cerebral
palsy, multiple sclerosis and developmental apraxia, and is also beneficial for
adults living with Multiple Sclerosis or Parkinson’s disease, stroke survivors,
and people with acquired brain injuries.
Since the formal launch of the CE program here in January 2007, its specially
trained “conductors” have provided nearly 2,000 hours of service to 140 Nova
Scotians with neuro-motor disabilities, including 101 children and 39 adults.
Classes are offered in Halifax, Antigonish and the Annapolis Valley.
To find out more about Conductive Education in Nova Scotia, email
ce@marchofdimes.ca, visit www.marchofdimes.ca or call 902-444-1090.
January 2010 19

Leadership takes time
and effort
Julie Sobowale
Freelancer
Jenn Bond understands the importance
of hard work. While attending high
school in Ontario, she joined the crosscountry
skiing team. When her coach said
she was “awful,” Bond doubled her training time. The strategy paid
off; she competed in the provincial championships.
“Every time I think something might be too difficult to accomplish,
I tell myself to put in more time and effort,” says Bond, this year’s
recipient of the NSBS President’s Leadership Award.
The award is presented to a third-year Dalhousie Schulich School of
Law student who will article in Nova Scotia. Bond’s nomination was
based on her commitment to the community, involvement in student
politics, debating skills and interest in marine law.
“When I found out I won, I was really touched,” says Bond, who has
been articling with Stewart McKelvey since graduating last spring. “I
feel honoured to be nominated by my peers.”
Bond’s fascination for marine law began in her first-year contracts
course, when the class studied a case involving the fishing community.
“Marine law is every kind of law put together,” she says. “You take
international, litigation, labour and employment law, throw it in
with the unpredictability of Mother Nature, and you have a really
exciting field.”
Quite a traveller, Bond lived in various parts of the world including
Australia, the UK, Saudi Arabia and the United Arab Emirates before
settling in Halifax. She credits her family for fostering her inclination
toward standing up for her beliefs. “Throughout my life I’ve been
encouraged to speak up, be confident in what I say and be able to
back it up,” she says. “It’s been helpful.”
During her undergraduate degree in political science, Bond served
as VP Education for the Dalhousie Student Union and was an active
member of the university’s Debating Society. She supported student
rights through her work with Dalhousie Student Advocacy Services,
her involvement with Law Students for Choice and as VP Academic
for the Dalhousie Law Students Society.
“No one has the right to complain unless they are willing to do
something about it,” she says.
Bond finds the transition from law school toward a legal career
exciting and challenging. She believes it would be beneficial for
lawyers starting out if the legal education system worked more closely
with bar associations to continue fine-tuning the proper balance of
pedagogy and training.
“There’s been some pressure from the legal community to incorporate
more practical training into law schools, with law schools wanting to
become more academic institutions,” she says. “There needs to be a
consensus between the academic and practising legal community as
to how to resolve these issues. People are standing their ground and
students are getting lost in the mix. There needs to be an evaluation
of the educational process to create a better system for students.”
Currently going through an articling rotation in litigation with
Stewart McKelvey, Bond will head to Ottawa this summer for a yearlong
clerkship at the Federal Court of Canada.
“Law school teaches you how to think like a lawyer and in articling,
you learn how to do the technical, practical aspects of the job,” she
says. “I learn something new every day.”
Julie Sobowale is a first-year student at the Schulich School of Law at
Dalhousie University. She was Editor-in-Chief of the Dalhousie Gazette
in 2008-09.
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20 The Society Record
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18/09/2009 11:39:06 AM

January 2010 21

2010 Lunch & Law seminars
Landmarks, Legislation and their Legacy on
Aboriginal People in Canada
January 13, 2010
Presented by Naiomi Metallic, Associate Lawyer, Burchells LLP
Trust everyone, but always cut the cards:
Malingering and other distortions in psychological assessments
January 20, 2010
Presented by Myles Genest, Ph.D., Genest Psychological Services Inc.
Colin Clarke, Cox and Palmer and Barry Mason, Pressé Mason
Hot Topics in Labour and Employment Law
February 3, 2010
Presented by Kim Turner QC, Pink Larkin and
Rebecca Saturley, Stewart McKelvey
Introduction to Chambers Practice
February 17, 2010 (also offered on May 12)
Presented by The Honourable Walter R.E. Goodfellow
Mental Health Court | An Introduction
February 19, 2010
Presented by The Honourable Judge D. William MacDonald, Nova Scotia
Provincial Court, Kelly Rowlett, Nova Scotia Legal Aid and
Adrian Reid, Nova Scotia Public Prosecution Service
Moderated by Professor Archie Kaiser
Environmental Law – The real estate Transaction
February 24, 2010
Presented by Bruce Strum, Strum Environmental and
Kelly L. Greenwood, Burchells LLP
Everything you ever wanted to know about Lesbian, Gay,
Bisexual & Transgender rights but were afraid to ask
March 10, 2010
Presented by Kevin Kindred, Bell Aliant Regional Communications
Litigation of Civil Claims Arising out of Environmental
Contamination
April 24, 2010
Presented by Bruce Strum, Strum Environmental and
Michael Wood QC, Burchells LLP
Social Networking in a Global Market:
Marketing strategies for lawyers | an encore presentation
May 5, 2010
Presented by David T. S. Fraser, McInnes Cooper
Introduction to Chambers Practice
May 12, 2010
Presented by The Honourable Walter R.E. Goodfellow
Register now!
For more information about this and other
CPD offerings, visit www.nsbs.org/development.php
Professional, Polished & Put Together:
Strategies for managing your personal professional brand
February 26, 2010
Presented by Cindy Wheeler, Customizing Wardrobes
CONTINUING Professional Development
22 22 Nova The The Society Scotia Society Record
Record Barristers’ Society, 1645 Granville Street, Halifax, NS, B3J 1X3 | 902-422-1491 | www.nsbs.org

CPD
Look at what we have to offer!
NSBS COntinuing professional Development
Register now!
2010 workshops and conferences
Writing to Persuade
April 9, 2010
Half-day workshop
Presented by Stephen V. Armstrong
The 2010 RELANS Conference
Refreshing & Clarifying
April 12, 2010
Presented by the Real Estate Lawyers’ Association of Nova Scotia
and the Nova Scotia Barristers’ Society
Dealing with Difficult People:
Leading-edge communication skills for lawyers
April 29, 2010
Half-day workshop
Presented by Simon D’Arcy
For more information about these and other CPD offerings,
visit www.nsbs.org/development.php
January 2010 23

Seymour Schulich and Tanna Goldberg-Schulich at Dalhousie’s
October 15 naming celebration for the Schulich School of Law.
Photo by Nick Pearce/Dalhousie University
Transformative gift makes legal
education more accessible
Marla Cranston
NSBS Communications Officer
Seymour Schulich’s precedent-setting
‘leadership
gift’ to Dalhousie University
is already having quite
an impact for law students, who are the main beneficiaries of the $20
million in support from the Canadian philanthropist.
“It’s a very generous gift,” says Dean Phillip Saunders at the newly
named Schulich School of Law.
Prospective students have responded immediately – applications are
already up by more than 23 per cent compared to last year at this
time, says Saunders.
“We already have one of the best scholarship programs in Canada, so
this can only further increase our ability to attract top students from
across the country … it’s very positive.”
At the naming ceremony at the Weldon Law Building on October
15, Mr. Schulich told a crowd of several hundred students, professors,
judges and lawyers that he doesn’t give money for buildings, he
gives money to students in hopes of making higher education more
accessible.
While a number of initial scholarships have already been granted, “by
the fall of 2010, we’ll be fully up and running with the scholarship
component,” says Saunders. To qualify for the 41 new scholarships,
which have an average value of about $12,000, students must meet
two out of three criteria: academic achievement, community service
or financial need.
When combined with Dalhousie’s existing scholarships and bursaries,
the total student assistance package works out to about 30 per cent
of the total tuition bill. An estimated one in five law students will be
able to study tuition-free.
Another significant portion of Mr. Schulich’s gift will go toward “the
academic experience” – funding a wide range of student activities,
international exchanges and internships, research projects, library
holdings and more. A small portion of the gift will go toward capital
improvements at the law school.
The Nova Scotia Barristers’ Society held its November 20 meeting of
Council at the Schulich School of Law, where Saunders provided a
detailed presentation on the university’s plans for the gift.
It’s the largest gift ever granted to a Canadian law school, and the largest
gift to Dalhousie by a living donor. With strong family connections in
Halifax via his wife Tanna (nee Goldberg), Mr. Schulich had already
developed links to Dalhousie through the Faculty of Computer
Science. Five other educational institutions across Canada bear his
name – but this will be the only law school to do so.
“Dalhousie is the only Canadian law school to receive support from
Mr. Schulich,” President Tom Traves said at the naming ceremony,
calling it “a demonstration of confidence that will allow our law
school to carry on with renewed vigor far into the future.”
The funding injection will allow greater flexibility in preparing
students for a changing profession, in a world that’s changing rapidly,
says Saunders. The law school keeps a close eye on the constant
24 The Society Record

Dean Phillip M. Saunders addresses the November 20 meeting
of Council, held in Dalhousie’s Weldon Law Building.
new developments in technology, business, environmental and
international law. Not to mention the fact that an increasing number
of law graduates don’t plan to practise law, instead opting to use
their degrees as a foundation for a vast array of other career options
opening up around the world.
“For me, it’s been a tremendous asset in this job to be at the table
when things are coming down the pipe for the legal profession, so we
know what it is that students will be facing and we can address the
issues appropriately.”
“A lot will be changing over the coming years as we adjust to the new
realities,” says Saunders. “We’re confident Dalhousie will stay well in
the forefront for those developments … it’s quite normal for the Law
School to react to increasing complexities.”
The Law School strives to maintain the right balance between
academic and preparatory study and skills-based programming. This
balance is monitored continuously as law societies across Canada
change their approaches to articling and admissions, says Saunders,
who will be retiring later this year.
Failure Investigations
Analysis and Design
Building Restoration
Reports for Litigation
Consulting Professional Engineering
“We’re fortunate that the Law School has such a healthy relationship
with the Bar in Nova Scotia. I think we understand each others’ roles and
it’s a real plus to have the direct connection with a seat on Council.
James (Jim) W. Cowie, P.Eng.
B.Sc., B.Eng., M.Eng.
President
Photo by Nick Pearce/Dalhousie University
Suite 200
1046 Barrington Street
Halifax, Nova Scotia
B3H 2R1
tel (902) 422-4493
fax (902) 422-5066
res (902) 423-4318
jwcowie@eastlink.ca
www.cowieengineering.ca
Halifax • Toronto
Consulting Structural, Architectural and Forensic Engineering
Incorporated in Halifax in 1972
Mr. Schulich announcing his $20 million gift to Dalhousie.
January 2010 25

LIANS
Tips from the RISk & Practice management Advisor
by Deborah E. Gillis QC
Risk and Practice Management Advisor
LIANS/RPM Solo and Small Firm Conference well received
In my July 2009 Society Record
article, I discussed common
characteristics of successful firms.
Two such characteristics, which I repeat
in this article, are:
• Successful firms recognize there is
a huge business component to the practice
of law and take the time to educate
new associates on this important aspect
of the practice. These firms either offer
or encourage participation in continuing
legal education (CLE), which covers
topics such as time management, billing,
client service, communication, marketing and risk management; and
• Lifelong learning is a priority for everyone in a successful firm.
On November 30, 2009, we experienced the commitment to lifelong learning of
84 of our lawyers who attended the first annual LIANS/RPM Solo and Small Firm
Conference in Halifax. Solo and small firm practitioners from throughout the
province took time from their busy practices to attend the full-day conference.
Dates of call to the bar for attendees ranged from 1958 to 2009.
In planning the first conference hosted by LIANS/RPM, we opted to focus on
solo and small firm practitioners, a group we believed would be eager to take
advantage of risk and practice management sessions that were relevant to
them. The interest generated by the conference confirmed our assumptions
and has encouraged us to plan to offer future conferences for this group.
This year we offered six sessions exploring the business of law, e-discovery,
human resources and technology, as well as practical tips and ideas for
improved client service, marketing, practice management and claims
prevention.
Vendors
We featured 11 vendors whose products and services related directly to the
successful function of solo and small firms. They were:
SBMTech (IT Products and Support); DiscoverUs (Transcription Services &
Certified Court Reporters); Canadian Bar Insurance Association; Edwards Dean
& Company (Chartered Accountants); Advantage Wireless (Telus/Blackberry
systems); Konica Minolta; Lawyer Done Deal (Web Applications for Legal
Matters-Real Estate, Wills, etc.); LexisNexis; Microcomputer Science Centre
Inc. (Dragon Naturally Speaking Software); CBA Nova Scotia; and Better
Documents Inc. (Amicus Attorney). These vendors were on site providing
the attendees an opportunity to view their products and services firsthand.
Several vendors also offered prizes of their product.
Speakers
Local speakers Gus Richardson QC, Darlene Jamieson QC and her firm’s IT
Director Michael Regular, Myrna Gillis LL.B., and Susan Hayes LL.B. joined me
to provide valuable sessions. We were also very fortunate to have my fellow
Practice Management Advisors, Dan Pinnington and Dave Bilinsky, participate
and bring their wealth of experience and knowledge to the sessions.
Dan is Director, practicePRO at the Lawyers’ Professional Indemnity Company
(LAWPRO) in Toronto. He is a Fellow of the College of Law Practice Management
and active in the ABA’s Law Practice Management Section. He is the current
Editor-in-Chief of ABA LPM’s Law Practice magazine. He co-authored the
recently published Busy Lawyer’s Guide to Success: Essential Tips to Power
Your Practice. He was Chair of ABA TECHSHOW 2007 and helped launch the Law
Practice Today webzine. An active participant in the Canadian and Ontario Bar
Associations, he is Co-Chair of the CBA Niagara Falls 2010 Annual Conference
David is a Practice Management Advisor for the Law Society of British
Columbia, a Fellow of the College of Law Practice Management and past Editorin-Chief
of ABA Law Practice Magazine. He is also founder and current Chair
of the Pacific Legal Technology Conference, a past Co-Chair of ABA TECHSHOW,
and has been active in other legal technology programs. Along with Laura
Calloway, he authors Profitability, a regular column on financial issues for
small firm practitioners, which appears in the Law Practice Management
Section’s magazine, Law Practice. He also works with law firms to enhance law
firm practice group profitability, and for strategic business planning and the
application of technology to the practice of law.
I would like to thank all those who promoted our conference, including
individual lawyers as well as organizations such as the Nova Scotia Barristers’
Society, CBA (Nova Scotia), the Atlantic Provinces Trial Lawyers Association
and RELANS.
As your Risk and Practice Management Advisor, I remain committed to
providing education, resources and tools that are designed to help all of you
manage your risk and succeed in practice. Don’t hesitate to contact me with
any questions you might have at dgillis@lians.ca or 902.423.1300 (ext.345).
26 The Society Record

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January 2010 27

BOOK
REVIEW
The Conduct
of Public
Inquiries
law, policy, and practice
ed ratushny
28 The Society Record

The Conduct of Public Inquiries: law,
policy and practice, by Ed Ratushny QC
BOOK
REVIEW
Brian P. Casey
Boyne Clarke
The most recent edition of the
Society Record reflected on the
Marshall Inquiry, perhaps the
most important commission of inquiry
in recent Nova Scotia history. It is therefore timely to consider a
new book: The Conduct of Public Inquiries: law, policy and practice
(Toronto: Irwin Law, 2009), by Ed Ratushny QC. Professor Ratushny
uses his extensive knowledge of commissions to offer advice on every
aspect of the inquiry process, providing detailed examples from 40
recent commissions of inquiry.
The problem with commissions of inquiry is they are necessarily ad
hoc: they are created to respond to a particular issue, and therefore
each has challenges that appear to be unique. They are typically staffed
with judges, used to a judicial role, and counsel, used to an adversarial
role; neither generally has much experience with the requirements of
an inquisitorial role.
Ratushny has prepared this book as a guide for commissioners and
counsel who may be embarking on that role for the first time. He
characterizes commissions as highly specialized administrative
tribunals. While the particular issue to be examined by a commission
of inquiry may not have been considered before, Ratushny argues,
the commission process is a familiar one and important lessons can
be learned from past procedures.
The book is full of practical advice. Among its most valuable resources
are the references to the prior commissions and their unpublished
rulings and published findings. Ratushny’s encyclopedic command
of the workings of these commissions allows him to choose apt
examples of approaches that succeeded and others that failed, and to
direct readers to rulings on specific issues. In confronting a particular
issue, it greatly assists the reader to be quickly directed to the inquiry
document where it has arisen and been considered before.
Much of the advice is the distilled wisdom that comes from consulting
the procedural recommendations made in so many commissions of
inquiry (and that would be reason enough for the book). However,
Ratushny also contributes much new material, for example explaining
his reasoning for dividing the responsibilities of hearings counsel
from advisory counsel.
In addition to offering advice for every stage of the process, from
setting terms of reference to writing the final report, Ratushny
also steers readers through the case law on commissions (such as
constitutional limitations, and differences between findings of
misconduct and findings of civil and criminal liability).
He is surprisingly blunt in his criticism of what commissions have
gotten wrong. He describes what O’Connor got right, what Gomery
got wrong, and why even very talented lawyers and judges can fail as
inquiry counsel or commissioners.
The book is practical, not academic, in its purpose. It is not a critique
of past mistakes but advice for the present and future. Well indexed
and well laid out, it serves as a quick reference that can be consulted
when a problem arises during commission hearings, or read as a
manual in advance.
It is hard to find fault with the book. However, Ratushny includes an
introduction to the rules of evidence before commissions, which seems
out of place for an audience consisting primarily of the judiciary and
trial counsel. It is an able, concise explanation but seems unnecessary
for this audience.
I also disagree with his advice on the proper limits of parties in
commenting outside of the inquiry room. He argues that evidence or
submissions should be given in the hearing room and not to the media.
Inquiries are held precisely because of the significant public interest in
their subject matter. Since they are inquisitorial – what went wrong
– they do not have the same narrative as a conventional trial, and the
media may see individual pieces of evidence and find it hard to put
matters into perspective. Counsel can assist in preventing the public
from rushing to judgment as early evidence emerges, because they
have the context from further evidence and how the entire piece fits
together. Ratushny is correct, of course, that comments on evidence
or the inquiry need to be responsible. But the media microscope can
distort if counsel cannot pull it into a longer focus. I think counsel
have a responsibility to help find perspective, albeit in a way that is
respectful of the witnesses and the commission.
These are merely quibbles. This is an excellent book, clearly written
and thoroughly researched. Ratushny is uniquely qualified to write
it. Currently Professor Emeritus of the Faculty of Law, University of
Ottawa, he has been counsel, commission counsel and commissioner.
He has served as hearings counsel for the Canadian Judicial Council
and has written extensively about specialized administrative tribunals.
He has gathered procedural suggestions gleaned from many reports
of inquiries into a single volume, directing readers to the original
reports when they would be useful.
Several collections of essays address the proper role of the commission
of inquiry in Canada. In particular, Commissions of Inquiry (Toronto:
Carswell, 1990), edited by Pross, Christie and Yogis, and Commissions
of Inquiry: Praise or Reappraise (Toronto: Irwin Law, 2003), edited
by Manson and Mullan. However, there is a dearth of academic
assessment of commissions of inquiry, and the essays don’t offer
the same step-by-step procedural advice to those involved in the
commission process.
If you are a commissioner, commission counsel, or counsel for a party
appearing before a commission, you must read this book.
January 2010 29

The Federation of Law Societies of Canada
Contributing a national perspective to the regulation of lawyers
Nova Scotia now has two key voices at the national table. New FLSC
Vice-President Ron MacDonald QC and Council member Catherine
Walker QC share their thoughts as they embark on a busy year ahead.
Ronald J. MacDonald QC
Vice-President and President Elect
As of November 15,
2009, I had the
good fortune to be
elected Vice-President and
President Elect of the Federation of Law Societies of Canada (FLSC).
I had been the Council member representing Nova Scotia since 2004,
and will become President of the Federation in November. Catherine
Walker QC is Nova Scotia’s new Council representative. We are both
Past Presidents of the Nova Scotia Barristers’ Society.
The Federation is the coordinating body of the 14 governing bodies
statutorily charged with the responsibility of regulating Canada’s
95,500 lawyers and 3,500 notaries in Quebec in the public interest. It
is a leading voice on a wide range of issues of national and international
importance involving justice and regulatory matters critical to the
protection of the public.
The Federation has seen its profile increase greatly in recent years.
Long known for the excellent work of its Criminal and Family
national education programs, the Federation now has a much larger
presence on the Canadian legal scene. In 2006 its head office moved
to Ottawa, and a broadened staff structure enables the organization
to meet the increased need for law societies to exchange information
on issues of national interest.
The Federation now also plays a much greater role in facilitating the
development of important initiatives on a variety of subjects. These
include the ongoing work toward national discipline and admission
standards, adoption of a Canada-wide Model Code of Ethics, and
creating modern standards for a Canadian Common Law Degree.
The Federation has also moved to bring its National Committee on
Accreditation in-house, to ensure complete openness and fairness
in the approval of foreign-trained lawyers who wish to practise in
Canada. All of this is in addition to the Federation’s work promoting
the profession’s interest in ensuring fundamental principles such as
independence of the Bar and solicitor-client privilege are protected,
undertaking or intervening in legal actions when necessary.
Nova Scotia has played a major role in these initiatives over the years.
The Federation has been fortunate to benefit from the excellent
contributions of Darrel Pink, and I have had the opportunity to serve
on many national committees, several as Chair, most significantly the
National Anti-Money Laundering Committee. I am greatly looking
forward to continuing the challenging work of the Federation in
my capacity as Vice-President and President. And while Cathy has
only just begun her term, she has already made a large impact at the
national level, not the least of which is her excellent work with the
Task Force on the Canadian Common Law Degree.
The Nova Scotia Barristers’ Society has long been known for its
important national contributions to the regulation of lawyers in the
public interest. We are fortunate to have the opportunity to continue
with this work in the future.
With Ron joining the Executive team of the Federation of Law Societies,
another spot opened up on Council for a Nova Scotia representative.
I am honoured to have been asked to fill that position. I attended my
first Council meeting on December 16 by conference call, and was
impressed with the enthusiasm expressed from coast to coast.
Law societies share similar mandates and issues around their
governance tables and are collegial in offering ideas and solutions.
Ron has spoken about various initiatives currently in process, and
I look forward to bringing Nova Scotia’s perspective to them as we
move forward. I have been involved at the Federation over the past
two years in the area of public representatives in governance of law
societies and, together with Peter Michalyshyn QC (President of
the Law Society of Alberta), will deliver a best practices report in
Toronto this March. Many thanks to Nova Scotia’s and Alberta’s
public representatives for their assistance in this venture.
You have many others from Nova Scotia involved at the national level
– as officers at semi-annual conferences and in committee and Task
Force work. Currently Phil Star QC (Past President of the Society) is a
member of the committee dealing with specific aspects of the Model
Code on Conflicts of Interest, and I have participated for the past
two years on the Task Force on the Canadian Common Law degree
chaired by John Hunter QC (Past President of the BC Law Society).
You will hear quite a bit in the coming months about the work of
the Federation, and I welcome your thoughts on any matter as we
go forward. Ron will make a great member of the Executive team
and, having worked with him on the provincial stage, I look forward
to another opportunity to do so. Congratulations to Ron as Vice-
President, and best wishes for a successful year ahead.
– Catherine Walker QC, Council Member for the Nova Scotia Barristers’ Society
30 The Society Record

January 2010 31

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The Society Record