PREPARED

ARCTIC
OBITER
MAY/JUNE 2013 VOLUME XVII · ISSUE 3
INSIDE
p.11
GETTING YOUR SUCCESSION
PLAN STARTED
PRESIDENT’S MESSAGE 2
CBA-NT BAR NOTES 3
THE DIRECTOR’S CHAIR 4
FOCUS ON MEMBERS 6
CBA NATIONAL NEWS 8
NWT DECISION DIGEST 14
NWT LEGISLATIVE NEWS 17
SUPREME COURT UPDATE 18
RESOURCES 23
Arctic Obiter is a joint publication of the Law Society of the
Northwest Territories and the Northwest Territories Branch of the
Canadian Bar Association. For current and past issues, subscription
details, submissions, advertising and all other enquiries, please visit
www.lsnt.ca/newsletter.
BEING PREPARED SECURES
YOUR PRACTICE & YOUR
CLIENTS

PRESIDENT’S MESSAGE
e are fast approaching the longest day of the year.
W For many Northerners this means the pressure is
on to spend as much time as possible on a patio, in a boat
or otherwise in the sunshine . It is also a mid-way point in
the year and so an opportunity to check in on how 2013 is
progressing and where we want it to go.
adopt the most appropriate Code applicable to this
jurisdiction. The Insurance Committee is reviewing
changes to the governance structure at CLIA in order to
maintain the availability of stable insurance coverage. As
well, we are on schedule in the recruitment efforts for a
new Executive Director.
The topic of mobility arose at last December’s AGM and it
has remained on the Executive’s radar
throughout 2013. In 2014, the Federation of
Law Societies had planned to look again at
the factors impeding territorial
participation in full mobility. We have
recently learned that it will be largely up to
the Territories to put this on the
Federation’s agenda. This is a welcome
opportunity to take ownership of
Territorial Mobility and define what
mobility can and should mean for the
north. The Executive will continue to use
the momentum we had started to generate
with a soon-to-come an information notice
to members and an open meeting for all
members next fall.
Caroline G. Wawzonek
Our Executive has continued to build on
I also want to encourage you to find a few minutes during
this mid-year to take a step back from your
practice and consider if this is where you
expected to be back on January 1st and if
this is where you want to be on December
31st. If the answers are not want you want
them to be, now is a great time to act.
There are resources available on the
webpage of not only our Law Society but
other law societies across Canada that can
help you evaluate your professional life
and offer resources to improve areas that
you may find challenging from office
management to client relationships.
Finding the time to think about where you
may be often goes hand in hand with
finding the time to relax and recharge. For
some, it may be that all you need to
work from prior Executive Committees to establish and
develop a work plan as a guiding document to structure
the broad goals and plans for the Law Society. The existing
work plan has already proven valuable in helping to
motivate change is a little more time in the sun. Several
law societies make available practice advisors who not only
can provide advice to lawyers with specific practice
questions, but will also assist a lawyer to establish (or reestablish)
coordinate the various projects underway within
good office management systems. If you already
committees. Our next step is a workshop session to help are where you want to be: congratulations!
establish the work plan as a permanent tool for future
One other key message for all lawyers is that a duty exists
Executives. It is also our hope that a session of this type
for all of us to help support our colleagues in the legal
will become an annual opportunity for future Executive
profession. Obviously this includes making time for formal
Committees to continue to improve the efficiency of Law
Society governance.
As always, all of the Law Society’s committees remain hard
at work. For example, we are seeking input from the CBA
and FLSA on their respective Codes of Conduct in order to
assist the Legal Ethics and Practice Committee review to
mentoring, both mentors and potential mentees, but it can
also be far more casual and day-to-day. It may be as simple
as taking time for a coffee with a colleague when you have
a hunch that something is wrong. We owe it to ourselves
and the profession we share to take those few moments and
check in with ourselves and each other.
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CBA-NT BAR NOTES
First off I want to encourage all members to come out
to our annual general meeting on July 4, 2013. The
AGM will be a lunch time meeting at the Explorer
Hotel. More details will come to you directly. CBA
National President Robert Brun will be in attendance,
and will be speaking. As always, the AGM will be
followed by the CBA Family BBQ at Long Lake that
evening. This is a chance for
members to come together, reconnect
and celebrate summer. We hope to
see you and your families there.
Your local CBA branch is working on
a strategic plan for the next several
years and we need to hear from you.
This is part of a national initiative to
have all 13 branches, CBA National
and the CCCA working together in
the interest of our members. The
strategic plan is built on five key
principles: Influence and Leadership;
Community; Education; Cohesion; Glen W. Rutland
and Organizational Excellence. As an
organization, we want to know what these ideas
mean to you. What should the NWT Branch be doing
to improve your member experience? How can we
make your membership more valuable?
The link to the national strategic plan is much more
important in a small branch like ours. We offer highquality
in-person local CPD, but with a limited
number of volunteers, there are only so many
sessions that we can offer. CBA National helps our
members fulfill their mandatory CPD requirements
locally through high-quality online CPD such as the
Skilled Lawyers’ Series, the NEERLS environmental
law series, and single-topic CPD on specific areas of
law or practice management issues. The ability to
offer a combination of in-person NWT specific
programs with access to nationally accredited
programs is one way CBA works together to better
serve our members.
On the CPD front, the CBA local/national partnership
is working well, but we want to find
out how we can do more for you
locally in other areas. Please give us
your ideas and suggestions. Become
involved as a CBA volunteer and
help organize the programs and
services you are looking for. One
thing I have learned through my
experience over the past year is how
much easier it is to get involved and
make a difference in a small
jurisdiction like ours. We have tried
some new approaches such as
partnering with other organization
to offer programs and are interested
in how you think this worked.
On the principles of community and cohesion, our
sections play a critical role. Also, our sections have
varied in their level of activity and type of activity.
Some actions plan lots of in-person CPD, others focus
on meetings to bring together members of the bar to
discuss issues, others focus on writing articles on
legal and northern issues. Should there be standard
requirements for all sections, or should sections
continue their flexibility?
If you are interested in commenting on where the
CBA NT branch should be going, please contact any
of the executive member.
ARCTIC OBITER MAY/JUNE 2013 ■ 3

THE DIRECTOR’S CHAIR
uggling is a physical skill involving the manipulation of
J
objects for recreation, entertainment or sport.
What about work, family, finance, health, et cetera? What
happens when you have so many balls in the air that you
are no longer doing your best work, and that “out of
control” feeling takes over as you fear the day one of those
balls is going to drop and what the repercussions will be?
Striking a balance is possible with the right
advice and tools.
The Practice Advisors at the Law Society
of Alberta are available to discuss legal,
ethical and practice concerns, and personal
matters such as stress and addiction. They
also mediate and arbitrate inter-lawyer
disputes.
They also provide assistance
and resources to lawyers in relation to
strategic planning, practice management,
marketing, and technology and systems,
with focus on the needs of sole
practitioners and lawyers practicing in
smaller settings.
For some time now, we have been
considering having a PA come to the NWT
for a week to not only do relevant CPD for our members,
but meet one on one with those who need assistance. The
purpose of raising this subject is to not only gauge your
interest in this initiative and determine which topics you
think would be most useful; but to also make you aware of
the resources available to help you with the management of
your practice.
Homewood Solutions provides our Lawyers Assistance
Program. It is an excellent resource when personal, family
or work-related life presents challenges that may be a little
more than you can handle. Counselling can be arranged
quickly, and their professional service providers will help
you in developing the skills and making the changes that
are required for you to regain control of your life. LPAC is
also here to assist, both locally and nationally.
Linda G. Whitford
If you don’t think LAP programs work, I would invite you
to hear first-hand from Timothy Daley, Past-President of
the Nova Scotia Barristers’ Society. You may have read the
print version of this story, but login to YouTube and listen
to Tim’s story. It is inspirational and a testament to the
face that there are help and positive outcomes to be had.
Kudos to Tim for having the courage to bring this subject to
the fore, so that others may also receive help.
In closing… our thanks to Ben Russo for
his four and a half years of service to the
Society as the Director of Communications
and Professional Development. He was
also a very handy guy to have around
when it came to the “tekkie” stuff and
never once hesitated to pitch in whenever
it was needed. He continues by assisting
with the transition and the steep learning
curve for the position. We wish him all the
best in new position as the GM at the local
Elks Club.
In filling the position, we were fortunate to
receive expressions of interest from a
number of highly qualified candidates and
pleased when Nancy Zimmerman
accepted our offer. She will be a valuable asset to our team.
While some of you met Nancy at the Court of Appeal
Bar-B-Q, I will leave it to her to tell you more about herself
elsewhere in these pages.
Speaking of which - thanks to all who came out to the
Bar-B-Q and thanks to the Social Committee for hosting yet
another successful event.
And with that….make sure you take the time to enjoy the
summer. Summer Solstice began in the NWT at 11:04 pm,
June 20 th with the sun rising at 3:39 am and setting at
11:39. As we bask in +30 sunny skies, we are mindful of the
devastating situation in southern Alberta. It brings back
memories of 1963 when Hay River flooded. The
(CONTINUED ON PAGE 5)
4 ■ MAY/JUNE 2013 ARCTIC OBITER

(CONTINUED FROM PAGE 4)
generosity and support from others was very important in
meeting the immediate needs of the people and the
rebuilding process.
Do what you can to help out our friends and colleagues in
Alberta. My family’s way of helping out was the Red
Cross. If you want to make it yours, you can donate here.
Have a great summer!
MEET THE NEW DIRECTOR OF COMMUNICATIONS
I am delighted to serve as your new Director of
Communications. The legal profession has long been an
interest of mine, so the opportunity to bring my
communications and education experience to this milieu is
particularly pleasing.
By way of personal introduction, some of you may know I
was born and raised in Yellowknife. Due to my father’s
profession as a linguist and missionary, I also enjoyed
plenty of time immersed in Dene culture and NWT
communities such as Whati and Trout Rock. I still vividly
remember dogsledding as a mode of transportation and
bell-harnesses jingling under cold skies, communities
emptying out for hunting, and the rich aromas of tanned
hides and smoked meat.
That magic notwithstanding, I left for boarding school and
then made my way to UBC. Vancouver became home for
20 years until, as it seems to do, the North and family called
me back. I have now helped buttress the cliché about
coming up for a year.
On the professional front, there is, in Vancouver, a little
hotel college (perhaps comparable in size to Aurora
College’s Yellowknife campus) that I helped found, where I
was the communications and industry relations VP for
nearly a decade.
I then moved to Canada’s formerly coolest, best-kept-secret
bank, Citizens Bank of Canada. Prior to this, I would never
have guessed it was possible to be passionate about a bank!
I helped introduce and integrate social media into its
marketing and communication strategy, only to have the
Bank crumple in the wake of 2008.
I also started, and continue to run, a money-coaching
business, helping people get out of debt, start saving and
generally manage day-to-day finances effectively. You
may have heard my money segments on CBC North’s
Trailbreaker on Tuesday mornings.
And now I’m at the Law Society (with a stop or two along
the way). Ben’s shoes are obviously large to fill. While
somewhat daunted, I
look forward over the
coming months to
finding ways to build
upon his good work, and
to deepen and enhance
the role so the Law
Society becomes even
more meaningful to its
members.
Nancy Zimmerman
ARCTIC OBITER MAY/JUNE 2013 ■ 5

FOCUS ON MEMBERS
DELIVERING EXPERIENCE AS ALBERTA’S NEW CULTURAL
SUPPORT DIRECTOR
Many resident members will have heard that Shannon
Gullberg, a long-term Northerner, has been appointed
as Director of Academic and Cultural Support at the
University of Alberta, Faculty of Law.
The position, an amalgam of the Director of Student
Services and Director of Indigenous Student Services
positions, will have a primary emphasis on academic
support and cultural support. Some attention will also
be paid to student support generally in the form of
student counselling and referrals, liaison with student
groups and supporting students in their varied
activities.
Alberta’s Faculty of Law is delighted to have her on
staff. “As a practitioner in government and sole
practice in the Northwest Territories for 23 years,
Shannon brings to her task extensive experience in
cross cultural settings which will assist in the
provision of academic and cultural support to our
aboriginal students,” announced the school in a press
release. “She has strong contacts with the aboriginal
community in the NWT and is sensitive to many of the
issues confronting aboriginals generally.”
Shannon, originally from Brooks, Alberta, was a
Speech Pathologist before her career path led her to
law. Returning to her
alma mater, the University
of Alberta, she earned her
Bachelor of Laws in 1988
and immediately headed
to Yellowknife. She
worked in private practice
for several years before
accepting a position as
Legal Counsel with the
Government of the
Northwest Territories. In 1995, Shannon opened her
own practice, which included being legal counsel to
the Director of Child and Family Services, counsel to
the Public Guardian, counsel to the Languages
Commissioner of the Northwest Territories, and
Staffing Appeals Officer. She conducted many high
level investigations for the NWT Legislative
Assembly, acted as Languages Commissioner for the
Northwest Territories, sat on the Human Rights
Tribunal of the Northwest Territories, and taught law
to Business Administration students at Aurora College
in Yellowknife.
Shannon bids farewell to the North, and looks forward
to the challenges of her new position.
CBA-BC INVITES NORTHERN MEMBERS TO JOIN SECTIONS
The British Columbia Branch of the CBA welcomes CBA members in the Northwest Territories to their
Sections. Information on the 72 available sections, including the Women Lawyers Forum, is available on
the CBA-BC website: cba.org/bc
6 ■ MAY/JUNE 2013 ARCTIC OBITER

FORMER MEMBERS APPOINTED TO BC SUPREME COURT
The Hon. Ronald A. Skolrood, most recently a lawyer The Hon. Wendy J. Harris, a lawyer with Harris &
with Lawson Lundell in Vancouver, has been Company, has been appointed a judge of the Supreme
appointed a judge of the Supreme Court of British Court of British Columbia, to replace Madam Justice
Columbia.
C. L. Smith, who resigned effective September 7, 2012.
Justice Skolrood attended the University of
Lethbridge, and later earned his Bachelor of Laws
from the University of Victoria in 1986. He was
admitted to the Bar of the Northwest Territories in
2010, and appointed Queen’s Counsel in 2012.
His main areas of practice were civil and commercial
litigation.
Justice Harris obtained a Bachelor of Arts in 1973, and
a Bachelor of Laws in 1979. She was called in British
Columbia in 1980, and in the Northwest Territories in
2010. She was appointed Queen’s Counsel in 2008.
Her main areas of practice were labour and
employment law, administrative law and education
law.
WELCOME NEW MEMBERS
The Law Society welcomes its new calls in May and
June:
ALEXANDRE LAROUCHE
DEPT. OF JUSTICE, CANADA · YELLOWKNIFE
ALISON DUCKETT
PUBLIC PROSECUTION SERVICE OF CANADA ·
YELLOWKNIFE
SIMONE TIELESH
GNWT DEPT. OF ENVIRONMENT & NATURAL RESOURCES
· YELLOWKNIFE
ANNE WALKER
DEPT. OF JUSTICE, GNWT · YELLOWKNIFE
MICHAEL C. WOODWARD
DEPT. OF JUSTICE, GNWT · YELLOWKNIFE
CLARENCE HUDSON
DEPT. OF JUSTICE, GNWT · YELLOWKNIFE
ANTONIOS AMOUD
NWT LEGAL SERVICES BOARD · YELLOWKNIFE
DARYN LEAS
NORTH VANCOUVER
DANIEL CHIVERS
PRINGLE CHIVERS & SPARKS · EDMONTON
CHRISTOPHER RHONE
BRANCH MACMASTER LLP · VANCOUVER
SUSAN MCKINNEY
BUSINESS DEVELOPMENT AND INVESTMENT
CORPORATION · YELLOWKNIFE
ARCTIC OBITER MAY/JUNE 2013 ■ 7

CBA NATIONAL NEWS
NEW OPTIONS FOR CBA MEMBERS
For the past two years, the Canadian Bar Association
(CBA) has been reviewing its membership offerings
and fee structure to ensure that it continues to meet
the needs of the legal profession. Through a Fee
Review task force, established to gain feedback and
input from members on what matters most to them,
the CBA is pleased to announce a new membership
model based on choice, value and engagement.
The CBA’s new model recognizes that each member –
and their expectations of an association – is unique.
Stepping away from a cookie-cutter approach, the new
membership model allows individuals to choose the
benefits most important to them, while rewarding
engagement in the CBA with savings.
Beginning in July, savings exist for those keen on
Professional Development, those new to the
profession, and lawyers outside of full-time status. Of
course, the CBA still promises to deliver the same
trusted benefits members have come to expect:
Professional Development, Advocacy, preferential
pricing on CBA products, participation in Sections,
Canadian Corporate Counsel Association (CCCA),
access to online and print resources, and Preferred
Supplier discounts.
Learn more about the new offerings, or to renew your
membership online now.
LEARN, CONNECT & EXPERIENCE AT THE CLC
Taking place in sunny Saskatoon, this year’s CBA
Legal Conference (CLC) is taking place August 18 to
20.
Lear n with C P D -eligi bl e,
interactive programs; connect and
share with your colleagues at
targeted networking events; and
experience the only national
gathering of Canada’s legal
community.
With three days of hands-on
learning, earn up to 12 CPD credit
hours while also having fun as you
engage in mock trials, live polling
and roundtable discussions.
Connect at focused events
designed to put you in touch with those in your area
of practice and who share the same special interests.
This year’s CLC offers you a chance to connect with
big names too! The Opening
P l e n a r y f e a t u r e s P e t e r
M a n s b r i d g e , C B C c h i e f
correspondent and anchor of the
National, who will discuss how to
become a more effective leader –
whether in business, politics, or
academia.
Be a part of the must-attend event
for Canadian legal professionals.
To learn more and to register visit
www.cba.org/clc, or follow the
CLC on Twitter to get the latest
program updates (#CLC2013).
8 ■ MAY/JUNE 2013 ARCTIC OBITER

COJOCARU: CBA INTERVENTION RESONATES WITH SCC
In Cojocaru v. BC Women's Hospital et al., the SCC has
dismissed the notion that a trial judge’s decision
The CBA intervened in the appeal,
arguing that the Court should avoid
should be set aside because it adopted large portions absolutes and setting out a
of one party’s argument verbatim. The Court principled framework that could be
concluded that the test to overturn such a judgment is
that "a reasonable person apprised of all the
circumstances would conclude that the judge did not
applied by courts in particular
cases. The CBA's pro bono legal counsel are Mahmud
Jamal and Raphael Eghan of Osler in Toronto.
put his mind to the issues and decide them impartially
and independently."
Read the judgement
ACCESS SUMMIT A KEY TURNING POINT
More than 250 people from
across Canada and from a
cross-section of the justice
system – including several
people from the public –
a t t e n d e d t h e C B A ’ s
Envisioning Equal Justice
Summit April 25 to 27. Twodays
of interactive sessions
delved into the issues
surrounding access to justice
Workshop on innovations in Legal Aid Service Delivery
in Canada, provided skills and ideas to help address
the issues, and attempted to find solutions to the
growing gaps in access.
The Summit represents an
important milestone in the
Envisioning Equal Justice
initiative launched by the
CBA last summer. The
consultation and research
phase wrapped up on May
29, and the final report will
be tabled at the CBA Legal
Conference this August.
Visit the National website to read all the blog posts
from the summit, and check out #EqualJustice on
Twitter to join the discussion.
NEW CANADIAN BAR REVIEW NOW ONLINE
Catch up with another edition of the CBA’s learned
journal, frequently cited at the Supreme Court of
Canada. Free to CBA members, Vol. 91, No. 1 of The
Canadian Bar Review is now online and features new
articles on: legal ethics versus political practices, the
rise of self-representation in family courts, assessing
tort damages in the conflict laws and so much more.
Access it online now at: www.cba.org/CBR.
ARCTIC OBITER MAY/JUNE 2013 ■ 9

JOIN THE CONVERSATION WITH FUTURES
With the release in June of The
Future of Legal Services in Canada:
Trends and Issues, the CBA moved
into the consultation stage of its
Legal Futures Initiative, launched
in August, 2012.
In this phase, the CBA is reaching
out to legal industry stakeholders –
legal and non-legal professionals, as
well as clients and academics – for
their input about what the
profession must do in order to
position itself for relevance into the
next decade and beyond.
Trends and Issues, which is available
on the Futures website, is a
synopsis of the data and insights
from industry leaders assessing the
Futures Steering Committee members Fred Headon and Allan Fineblit at a media briefing in June
current state of the legal profession, and the issues it is
likely to face. It is accompanied by a consultation comprehensive study of its kind in Canada, is to create
document and a list of questions which are meant to a framework for ideas and to identify ways to help the
stimulate discussion. Stakeholders are invited to legal profession understand the challenges ahead, and
answer some of the questions, or all of them – to take shape the direction of the future – to the extent that
the opportunity to add their observations to the that is possible,” says CBA Vice-President Fred
information being gathered.
Headon, who chairs the Futures steering committee.
“And we want to do so in such a way as to best serve
As well as opening up the floor to comments from the
the changing legal needs of the public and clients – to
legal industry as a whole, the Futures steering create a win-win situation.”
committee has also formed teams whose job it is to
drill down into some of the more complex issues
facing the profession: legal training and education;
business ethics and structures; and ethics and
regulation.
Visit the www.cbafutures.org to have your say, or join
“One of the goals of the Futures initiative, the first
the conversation on Twitter at #cbafutures.
10 ■ MAY/JUNE 2013 ARCTIC OBITER

PRACTICE MANAGEMENT
GETTING YOUR SUCCESSION PLAN STARTED
Have you planned for what would happen, both
professionally and personally, in the event of illness or
incapacity? In taking time to put a succession plan in
place, you will be protecting your clients, your practice
and your family.
Succession planning is more than just planning for
retirement. In this article I discuss why you also need
to plan for other contingencies, such as long-term
illness, incapacity, or death.
Have you thought about – and planned for – what
would happen, both professionally and personally, in
the event of your sudden long-term illness, incapacity,
or death? If you were diagnosed tomorrow with an
illness that resulted in your being away from the office
for an extended period of time, would you have a
practice to return to upon your recovery?
Succession planning is critical for all businesses, but
especially so, for solo and small firm practitioners who
do not have other partners or associates, who can step
in and share the work in transitioning their practice,
and meeting clients needs on either a short-term or
permanent basis.
Deborah Gillis, QC
Deborah E. Gillis Legal Services Inc.
Bedford, NS
If you have not taken the time to plan for such
contingencies, commit now to taking time to put a
succession plan in place. In doing so, you will be
protecting your clients, your practice and your family.
Without a succession plan in place, you put your
family at significant financial risk and emotional upset
at a time when they are least able to cope. None of us
want that.
GETTING STARTED: DEVELOPING YOUR
OWN ACTION PLAN
As with any project, getting started is often the hardest
part of the process. To start, I suggest that you contact
a colleague or colleagues who are also interested in
putting together a succession plan. Divide
responsibilities for reviewing and reporting on
available resources, including those that might be
available from your law society. Commit to specific
times when you will meet either by phone, via an
online community, or in person to discuss the steps to
be taken, the progress you have made, and
suggestions you might have for each other to keep
your planning process moving forward.
ASSISTING LAWYER
Consider who you might ask to be your assisting
lawyer. An assisting lawyer is the one who will step
into your practice on either an emergency or long-term
basis in the event of your incapacity or death. There
are a number of terms that you and the assisting
lawyer or firm will have to negotiate, some of which
ARCTIC OBITER MAY/JUNE 2013 ■ 11

may be unique to your particular circumstances. What
is expected of the assisting lawyer or firm will
probably be different, in relation to a long-term illness
from which you hope to recover, as opposed to your
incapacity or death.
Develop a list of duties that you would expect of your
assisting lawyer as well as particulars of your general
office routine and practice so that you and your
assisting lawyer can begin discussing a plan that
would ensure that he /she will have enough
information and authority, to step in when needed, to
do what is necessary to protect your clients and your
practice.
Meet with the lawyer to negotiate the terms of your
agreement. Plan to review this agreement at least
annually to ensure that it continues to adequately meet
your needs and your clients’ needs.
FILE ORGANIZATION
File and office organization is critical to an orderly
transition of your practice. Maintain a central
calendaring system that is detailed and updated daily,
so that whoever steps into your practice can quickly
determine filing deadlines, meetings and appearance
dates.
Get and keep your files in order. Get in the habit of
keeping good running notes for each of your client
matters. This will make any transition easier. Well
documented files and well-developed records
management systems are critical to the orderly and
cost efficient transition of your practice. If your office
and files are poorly organized you will probably have
difficulty finding someone to agree to act as your
assisting lawyer, or the cost of their services will
increase dramatically, because of the disorganization.
Make sure that you document details of conversations,
meetings, advice given and instructions received, in
your files. A well-documented file is critical to the
successful defence of a malpractice claim; even more
so, if you are unable to respond personally, and your
insurer has only your file to rely on.
12 ■ MAY/JUNE 2013 ARCTIC OBITER

POLICY AND PROCEDURES MANUAL
If you do not already have an office policy and
procedures policy manual, develop one now. This
would be another good group project, if you find it too
daunting a task to start on your own. The end product
will be an extremely important resource for your
assisting lawyer when transitioning your practice.
A resource that should assist you in this regard is:
Law Office Policy & Procedures Manuel, 5th Edition,
by Robert C. West and Howard I. Hatoff (ABA Law
Practice Management Section, 2006)
TRUST ACCOUNT BALANCES
Review the trust account for funds that you have been
holding for more than 30 days. Determine why you
still hold those funds and what action needs to be
taken – bills rendered, releases registered,
undertakings fulfilled, funds returned to clients?
Trying to sort out the reason for stale trust account
balances and what should be done with them will be
extremely time-consuming for your assisting lawyer,
and expensive to you or your estate.
BILLINGS AND ACCOUNTS RECEIVABLE
Commit to keeping detailed time records and to
billing clients at least monthly, so that your assisting
lawyer is not left with the task of rendering a bill that
should have been sent out months earlier, or one in
which value to you or your estate is lost, because you
have not kept accurate time records.
INSURANCE
Review your personal life, disability and business
expense coverage to determine if it is adequate.
Increase it immediately, if it is not. The Canadian Bar
Insurance Association provides coverage for lawyers,
their families, and employees. Rates are extremely
competitive. You do not have to be a member of the
Canadian Bar Association to take advantage of their
products.
ADDITIONAL RESOURCES
I hope this article will prompt you to begin your
succession planning now. For more information on
this topic, I recommend that you check with you
provincial or territorial law society, and the Canadian
Bar Association for resources and tools that each might
have available for you. Many have resources available
online.
■ Deborah Gillis, QC, is a lawyer and succession planning
consultant in Bedford, Nova Scotia. She may be reached at
deg@eastlink.ca.
This article was originally published at CBA PracticeLink.
ARCTIC OBITER MAY/JUNE 2013 ■ 13

NWT DECISION DIGEST
COURT OF APPEAL
CRIMINAL PROCEDURE -
SUMMARY CONVICTION
APPEALS - LEAVE TO APPEAL
R v Petrin
2013 NWTCA 1 (April 26, 2013)
Presiding: Justice L.A. Charbonneau
For the Applicant: S. Beaver
For the Respondent: J. Bond
The applicant sought leave to
appeal from a decision dismissing
his appeal from conviction in
relation to a drinking and driving
offence. Subsequent to the
summary conviction appeal
decision, the Supreme Court of
Canada, in another case, struck
down a portion of a legislative
provision relating to the use of
breath test readings.
Leave to appeal denied – Not
every issue of law will justify leave
to appeal. Subsequent changes in
the law arising from the SCC
decision in R v St-Onge Lamoureux
would not have affected the
outcome of this trial or appeal.
The issue the applicant wishes to
raise does not have a potential
impact on the administration of
justice generally.
Maureen McGuire
Alberta Justice
Edmonton
SUPREME COURT
CRIMINAL PROCEDURE –
JUDICIAL INTERIM RELEASE
R v Ruben
2013 NWTSC 23 (February 26, 2013)
Presiding: Justice L.A. Charbonneau
For the Crown: J. Porter
For the Accused: M. Martin
The accused consented to his
remand in custody since his arrest
in June 2012, but now sought
release pending his trial on charges
involving intoxicated use of a
firearm. The trial was scheduled
for November 2013.
Application for bail denied – While
s 525 of the Criminal Code requires
review of detention triggered by
the passage of time, the mere
passage of those time periods does
not creat a presumption the person
should be released. Unless delay is
extraordinary or inordinate it is
not a basis for granting bail. The
circumstances of the alleged
incident give cause for concern for
public safety, and the release plan
did not alleviate those concerns.
~
CIVIL PROCEDURE – FILING OF
DOCUMENTS
Gummesen v Gummesen
2013 NWTSC 24 (April 30, 2013)
Presiding: Justice K.A. Shaner
For the Petitioner: self-represented
The petitioner sought to file his
petition for divorce with the court
by mail, rather than in person. He
sent a letter to the court advising
he was a resident of Fort Smith
and did not travel to Yellowknife
often. He had no agent or close
friends in Yellowknife to file the
documents for him.
Application dismissed – The
unrepresented applicant had not
submitted a proper memorandum
or affidavit. His letter, being
neither sworn nor affirmed, is not
evidence. Furthermore, the
request for an exemption from the
rules of court was based on
inconvenience, not necessity. The
rules are in place to promote
accountability and certainty.
Exceptions should be granted only
when an applicant has shown that
it is justified.
~
CIVIL PROCEDURE –
EXTENSION OF TIME
Delorey v Wong Estate
2013 NWTSC 26 (May 16, 2013)
Presiding: Justice K.A. Shaner
For the Applicant: M. Hansen
For the Public Trustee: B. Asmundson
The former common law spouse of
the deceased sought an extension
of time and an order for unequal
division of family property
through the transfer of all interest
14 ■ MAY/JUNE 2013 ARCTIC OBITER

in the family home to her. The
parties separated in 2006. Mr
Wong died in 2007. Letters of
Administration were granted in
2010, and this application was filed
in 2013.
Application granted – The
application was not opposed.
While the time limit under the
Family Law Act expired in 2008, the
delay in the application was not
designed to defeat a claim by the
estate or anyone else and there was
no evidence of substantial
prejudice to any party. Unequal
division of property was
warranted in the circumstances of
the case, which included: the
deceased’s depletion of family
a s s e t s ; t h e a p p l i c a n t ’ s
disproportionate contribution to
household bills and maintenance
of the property; and the applicant’s
responsibility for care of the
children of the relationship.
~
CIVIL PROCEDURE – SOLICITOR
-CLIENT COSTS – COSTS
WHERE DIVIDED SUCCESS –
COSTS FOR SELF-REPRESENTED
LITIGANTS
UNW v Carriere
2013 NWTSC 27 (May 31, 2013)
Presiding: Justice L.A. Charbonneau
For the Applicant: A. Marshall
For the Respondent (Carriere): A. Groothuis
Respondents (Letourneau): self-represented
Respondent (Mulders): self-represented
UNW’s appeal from decisions of
the Rental Officer under the
Residential Tenancies Act was
allowed in part (see 2013 NWTSC
5). The respondents sought costs.
Carriere sought costs in excess of
the Tariff on the basis of her
having made an offer to settle, and
based on the applicant’s conduct in
delaying the matter.
Carrier’s was awarded costs in
excess of the Tariff. As solicitorclient
costs is an exceptional
measure, rules that trigger that
consequence must be interpreted
strictly. A discontinued appeal
could not be considered analogous
to a judgment for purposes of
considering costs. No deliberate
dilatory tactics on the part of UNW
were found. However, the
conduct of UNW in not
discontinuing sooner warranted a
lump sum award of $7,000 for her
costs.
$2,000 costs ordered for each of the
unrepresented litigants. The partial
success of UNW on the appeal
should not be considered divided
success for purposes of costs in this
case. UNW’s success on the issue
of the jurisdiction of the Rental
Officer was not related to the
remedy originally sought by the
respondents. While, historically,
self-represented litigants were not
entitled to costs, the law in this
area has evolved considerably.
Costs for self-represented litigants
are discretionary and the Tariff is
inapplicable.
~
CONTRACTS – BREACH -
UNJUST ENRICHMENT –
WAIVER OF TORT
ANDERSON V BELL MOBILITY
2013 NWTSC 25 (May 17, 2013)
Presiding: Justice R.S. Veale
For the Plaintiffs: K. Landy, D. Fogel
For the Defendant: R. Deane, B. Dixon
The defendant charged its
customers a 911 fee from 2004
through 2009, despite the fact that
there was no 911 emergency
service available. Bell Mobility
cleverly drafted its standard form
agreement to give the impression it
will provide a 911 emergency
service, although it did not
expressly agree to provide any
service whatsoever. However, the
agreement stated it was binding
“for service we provide to you for
your device”. Bell Mobility did
not provide a 911 service and
therefore, under the terms of its
agreement cannot bill for such.
The contract does not require Bell
Mobility to provide the service nor
does it permit it to charge a fee
without providing the service. Bell
Mobility breached its service
agreement by billing for a 911
ARCTIC OBITER MAY/JUNE 2013 ■ 15

service that was not provided. Bell
Mobility was unjustly enriched by
charging a fee for no service.
While the conduct of Bell Mobility
was tending towards the highhanded
end of the spectrum, the
conduct was not found to be a
marked departure from ordinary
standards of decent behaviour.
The decision to vigorously defend
the class action was not malicious,
arbitrary or highly reprehensible
misconduct. Punitive damages,
therefore, were not warranted.
The claim of waiver of tort
(disgorgement of the profits) was
dismissed, as there was no tortious
conduct or any claim of tort.
~
FAMILY LAW – CUSTODY &
ACCESS
Lacoursiere v Penk
2013 NWTSC 29 (June 7, 2013)
Presiding: Justice V.A. Schuler
For the Applicant: M. Nightingale
For the Respondent: self-represented
The parties are the subject of an
interim order whereby the mother
has sole custody of two young
children and the father (resident in
Germany) has reasonable access.
There was a dispute regarding the
extent of the father’s summer
access. The court set a detailed
schedule with conditions of access.
As the father is not a resident of
Canada and has no connections
here, it was a condition that he
deposit his passport with the
RCMP during the period of access.
In addition, the court ordered
access via Skype for the period
until the summer access.
TERRITORIAL
COURT
FAMILY LAW – EVIDENCE –
EXPERT WITNESSES - CHILD
WELFARE – PERMANENT
CUSTODY
Re A, B, C, and D
2013 NWTTC 9 (Apr 22, 2013)
Presiding: Chief Judge R.D. Gorin
For the Applicant: S.M. MacPherson
For the Respondents: C. Seddon
The Director of Child and Family
Services applied for permanent
custody of four children. Much of
the evidence presented in the
affidavit filed by the Director was
hearsay.
While admissible, the
hearsay evidence raised reliability
concerns.
The applicant’s expert
witness testified that, when faced
with inconsistent test results, he
chose the result that placed the
child at higher risk.
That gave
cause for concern as to the
objectivity of his evidence
generally.
A and B were ordered returned to
their parents, subject to a
supervision order. They had been
apprehended in 2009 while their
mother was incarcerated for an
assault on a child.
In 2011 the
children were returned to their
parents, but were apprehended
again following an incident of
domestic violence in 2012. While
the respondents were not perfect
parents, they have acknowledged
their deficiencies and worked hard
to resolve their issues. The
existing concerns are sufficient to
require a declaration that A and B
are in need of protection, but not a
further order of custody.
An order for permanent custody of
C and D was granted. They had
been apprehended at birth. Since
their apprehension, C and D have
been thriving in their foster home.
The foster mother is willing to
adopt them, so there is the
prospect of them being raised in
the same home from birth to
adulthood. A permanent order is
in their best interests.
■ Maureen McGuire is an Appellate
Counsel with Alberta Justice. She is a
member of the Bar in the NWT, Ontario,
and Alberta. Any comments or questions
regarding case digests would be
welcomed at her email address,
Maureen.McGuire@gov.ab.ca.
16 ■ MAY/JUNE 2013 ARCTIC OBITER

NWT LEGISLATIVE UPDATE
MOTOR VEHICLES ACT
The following amendments were
made on May 1, 2013 to
regulations under the Motor
Vehicles Act:
Alcohol Ignition Interlock Device
Regulations, R-003-2013 were
amended by R-024-2013 to include
an endorsement for driver’s
licences other than Class 7 with a
code of “I”;
Appeal and Review Fee Regulations, R-
092-2004 were amended by R-025-
2013 to increase fees. The Large
Vehicle Control Regulations,
R.R.N.W.T. 1990, c.M-30 were
amended to increase fees and
improve clarity;
Ian Rennie
Legislation Division
GNWT Dept. of Justice
General Identification Card
Regulations, R-020-2000 were
amended by R-028-2013 to increase
fees and provide a discount for
persons 60 years of age or older;
Driver’s Licence Regulations,
R.R.N.W.T. c.M-27 were amended
by R-032-2013 to: clarify
endorsements; u pd a te the
descriptions of classes of licences
and the requirements for written
tests for each class of licence; add
the new “I” endorsement for
drivers required to participate in
the interlock program; and increase
fees and provide a discount for
persons 60 years of age or older;
Motor Vehicle Registration and Licence
Plate Regulations, R-054-94 were
amended by R-034-2013 to increase
fees but mainly to prescribe more
clearly registration and permit fees
according to prescribed classes of
vehicle. Types of licence plates
have been more clearly expressed
with their associated fees.
~
ALL-TERRAIN VECHICLES ACT
The Special All-Terrain Vehicles Fees,
R.R.N.W.T. 1990, c.A-6 made
under the All-terrain Vehicles Act,
were amended by R-027-2013 on
May 1, 2013 to increase fees and
provide a discount for persons 60
years of age or older.
~
TERRITORIAL PARKS ACT
The Territorial Parks Regulations,
R.R.N.W.T. 1990, c.T-13 made
under the Territorial Parks Act,
were amended by R-041-2013 on
June 14, 2013 to: clarify the powers
of the Superintendent in respect of
fire bans; clarify the powers of
park officers; and limit the use of
fires by the public in Territorial
Parks.
HAMLETS ACT
~
The Hamlet of Paulatuk Supervision
Order, R-049-2013 made under the
Hamlets Act, subjects the municipal
corporation of the Hamlet of
Paulatuk to supervision from June
21, 2013 to December 21, 2013
under the municipal supervision of
Gregory B. Morash.
■ NB: The NWT Legislative News is not a
comprehensive report of legislative
enactments. Only items considered to be
of interest to the Bar are listed.
Find Certified Bills, Consolidations of Acts, Regulations and Court
Rules, and the Northwest Territories Gazette at the GNWT website:
www.justice.gov.nt.ca/Legislation/SearchLeg&Reg.shtml
ARCTIC OBITER MAY/JUNE 2013 ■ 17

S.C.C. UPDATE
HERE IS A SUMMARY OF ALL
APPEALS AND ALL LEAVES TO
APPEAL (ONES GRANTED – SO YOU
KNOW WHAT AREAS OF LAW THE
S.C.C. WILL SOON BE DEALING
WITH IN CASE ANY MAY BE AN AREA
OF LAW YOU’RE LITIGATING/
A D V I S I N G/MANAG I N G).
F OR
LEAVES, I’VE SPECIFICALLY ADDED
IN BOTH THE DATE THE S.C.C.
GRANTED LEAVE AND THE DATE OF
THE C.A. JUDGMENT BELOW, IN
CASE YOU WANT TO TRACK AND
CHECK OUT THE C.A. JUDGMENT.
ORAL JUDGEMENTS
CRIMINAL LAW: PARTIES TO
AN OFFENCE
R. v. Lévesque
(Que. C.A. .June 7, 2011) (34417)
2013 SCC 20 (April 16, 2013)
Eugene Meehan, QC
Supreme Advocacy LLP
Ottawa
LeBel J.: [translation] “The [trial]
judge...gave, in response to a
specific question from the jury on
being an accessory and being a
party to an offence, additional
instructions that were incomplete
and confusing…the nature of the
charges...raises the question
whether it would be possible to
base a conviction for first degree
murder on the accused being a
party to the offence within the
meaning of 2. 21(2)...the appeal is
allowed, the verdict of guilty is set
aside, and the Court orders...a new
trial...in respect of the same
charges”
~
CRIMINAL LAW: CONSPIRACY
R. v. Murphy
(N.S.C.A., Sept. 6, 2012)(34980)
2013 SCC 21 (April 16, 2013)
LeBel J.: “… the verdict was not
unreasonable. The appeal is
dismissed.”
~
EXTRADITION (TO CANADA)
R v. E.F.M.
(N.S.C.A., Dec 8, 2011)(34650)
2013 SCC 23 (April 16, 2013)
The Chief Justice: "… the right of
the accused to be tried within a
reasonable time was violated. The
appeal accordingly is dismissed."
The Canadian Legal Information Institute
Making Canadian law accessible
for free on the internet.
www.canlii.org
APPEALS
ABORIGINAL LAW: DUTY TO
CONSULT; ABUSE OF PROCESS
Behn v. Moulton Contracting Ltd.
(B.C.C.A., July 06, 2011)(34404)
2013 SCC 26 (May 9, 2013)
The duty to consult exists to
protect the collective, not
individual, rights of Aboriginal
peoples. The doctrine of abuse of
process is characterized by its
flexibility, and abuse occurred
here.
~
CRIMINAL LAW: BABY
CONCEALMENT
R. v. A.D.H.
(Sask. C.A., Jan. 12, 2011)(34132)
2013 SCC 28 (May 17, 2013)
The trial judge and the majority
judges of the Court of Appeal were
correct to require subjective fault.
~
CRIMINAL LAW: CONCEALING
DEAD BODY OF A CHILD
R. v. Levkovic
(Ont. C.A., Dec. 07, 2010)(34229)
2013 SCC 25 (May 3, 2013)
S.243 Criminal Code is not
unconstitutional for vagueness;
and, evidence that a child would
likely be born alive is enough for a
conviction.
18 ■ MAY/JUNE 2013 ARCTIC OBITER

~
CRIMINAL LAW: IMPAIRED
"STRADDLE" EVIDENCE
R. v. Ibanescu
Que. C.A., Feb. 14, 2012)(34653)
2013 SCC 31 (May 30, 2013)
Straddle evidence is admissible to
rebut the statutory presumption
the blood alcohol level exceeds the
legal limit. A statement of a legal
principle accepted by a majority of
the S.C.C. constitutes the opinion
of the Court with respect to that
legal principle, even if some
members of the Court endorsing
that legal principle dissent from
the majority’s disposition of the
appeal.
~
CRIMINAL LAW:
PROVOCATION
R. v. Buzizi
(Que. C.A., May 15, 2012(34889)
2013 SCC 27 (May 10, 2013)
The trial judge here was obliged to
put the defence of provocation to
the jury.
~
CRIMINAL LAW:
REASONABLENESS OF
VERDICT BASED ON JURY'S
ASSESSMENT OF WITNESS
CREDIBILITY
R. v. W.H.
(N.F. & L. C.A., September 14, 2011)(34522)
2013 SCC 22 (April 19, 2013)
A jury’s guilty verdict based on the
jury’s assessment of witness
credibility is not immune from
a p p e l l a t e r e v i e w f o r
reasonableness, but, the reviewing
court must treat the verdict with
great deference; the court must ask
itself whether the jury’s verdict is
supportable on any reasonable
view of the evidence and whether
proper judicial fact-finding applied
to the evidence precludes the
conclusion reached by the jury
[emphasis in original]. The C.A.
cannot ask itself instead whether
an experienced trial judge could
give adequate reasons to explain
the finding of guilt.
~
TAX: REFORESTATION COSTS
Daishowa-Marubeni International
Ltd. v. Canada
(Fed. C.A., Sept. 23, 2011)(34534)
2013 SCC 29 (May 23, 2013)
Forest seller doesn’t include
reforestation costs in sale proceeds.
~
TORTS: MEDMAL; JUDGES'
REASONS
Cojocaru v. B.C. Women’s
Hospital and Health Centre
(B.C.C.A., Apr. 14, 2011) (34304)
2013 SCC 30 (May 24, 2013)
While desirable that judges express
their conclusions in their own
words, incorporating substantial
amounts of material from
submissions or other legal sources
into reasons for judgment by itself
is OK. If incorporation is that such
a reasonable person would
conclude the judge did not put
their mind to the issues and decide
t h e m i n d e p e n d e n t l y a n d
impartially, the judgment can be
set aside.
News
Events
Publications
Forms
www.lawsociety.nt.ca
It’s all online.
ARCTIC OBITER MAY/JUNE 2013 ■ 19

LEAVES TO APPEAL
GRANTED
AIRLINES: OFFICIAL
LANGUAGES
Thibodeau, et al. v Air Canada et
al
(Fed. C.A., Sept. 25, 2012)(35100)
2012 FCA 246 (May 2, 2013)
What is the status of language
complaints against Air Canada. .
~
CIVIL PROCEDURE IN QUEBEC:
ADMISSABILITY OF WIRETAPS
Imperial Oil v. Simon Jacques, et
al.
(Que. C.A., Dec. 17, 2012)(35226)
(see also 35231)
2012 QCCA 2265 (June 6, 2013)
Can federal wiretaps in a federal
Competition Act investigation of gas
price fixing be admitted in a
provincial class actions case.
~
CIVIL PROCEDURE IN QUEBEC:
ADMISSIBILITY OF WIRETAPS
Couche-Tard Inc., Alimentation
Couche-Tard Inc., Dépan-
Escompte Couche-Tard Inc., et al.
v. Simon Jacques, et al.
(C.A. of Que., Aug. 15, 2012)(35034)
2011 QCCA 2266 (June 6, 2013)
Similar summary to that
immediately above.
~
CONSTITUTIONAL LAW: RES
JUICATA
A.G. Can. v. Confédération des
syndicats nationaux, et al
(Que. C.A., Oct. 10, 2012)(35124)
2012 QCCA 1822 (May 2, 2013)
Does res judicata exist legislatively
and constitutionally.
~
CRIMINAL LAW: (ALLEGED)
INEFFECTIVE ASSISTANCE OF
COUNSEL
W.E.B. v. R.
(Ont. C.A., Nov. 14, 2012)(35089)
2012 ONCA 776 (May 2, 2013)
There is a publication ban in this
case, in the context of conviction
for a series of ‘historical’ sexual
20 ■ MAY/JUNE 2013 ARCTIC OBITER

offences.
~
CRIMINAL LAW: ARREST;
RIGHT TO COUNSEL
Mohammad Hassan Mian v.
HMTQ
(Alta. C.A., Oct 18, 2012)(35132)
2012 ABCA 302 (May 16, 2013)
Did the trial judge err by admitting
and considering irrelevant and
inadmissible evidence.
~
CIVIL PROCEDURE IN QUEBEC:
MEDIATION;
‘HOMOLOGATION’
Union Carbide Canada Inc., et al.
v. Bombardier inc., et al.
(Que. C.A., July 17, 2012)(35008)
2012 QCCA 1300 (April 11, 2013)
What did the settlement cover, and
c a n
m e d i a t i o n / s e t t l e m e n t
negotiations be later used as
evidence at trial.
~
CLASS ACTIONS IN QUEBEC:
BANKING; FOREIGN
EXCHANGE
Banque de Montréal, et al. v.
Marcotte, et al.
(Que. C.A., Aug. 2, 2012)(35009)
2012 QCCA 1396 (April 11, 2013)
Did various banking institutions
fail to disclose foreign exchange
conversion charges on credit cards
as a “credit charge”.
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ARCTIC OBITER MAY/JUNE 2013 ■ 21

~
CLASS ACTIONS IN QUEBEC:
BANKING; FOREIGN
EXCHANGE
Marcotte v. Fédération des caisses
Desjardins du Québec
(Que. C.A., Aug. 2, 2012) (35018)
2012 QCCA 1395 (April 11, 2013)
Similar summary to that
immediately above.
~
CLASS ACTIONS IN QUEBEC:
BANKING; FOREIGN
EXCHANGE
Amex Bank of Canada v. Adams,
et al.
(Que. C.A., Aug. 2, 2012) (35018)
2012 QCCA 1394 (April 11, 2013)
Similar summary to that
immediately above.
~
CRIMINAL LAW: ‘MR. BIG’
D.R.M. v. R.
(Alta. C.A., Feb. 27, 2012)(35093)
2012 ABCA 42 (April 11, 2013)
There is a sealing order in this
case, in the context of a ‘Mr. Big’
sting.
~
CRIMINAL LAW: PAROLE
A.G. Can., et al. v. Christopher
John Whaling, et al.
(B.C.C.A., Nov. 2, 2012)(35024)
2012 BCCA 435 (April 11, 2013)
Is the Abolition of Early Parole Act
constitutional.
~
CRIMINAL LAW: PRE-
SENTENCE CUSTODY
R. v. Carvery
(N.S. C.A., Oct. 3, 2012)(35115)
2012 NSCA 107 (April 11, 2013)
Should an accused be credited at a
ratio of 1.5 days for every day in
pre-sentence custody.
~
TRANSPORTATION LAW:
RAILWAYS; ORDERS-IN-
COUNCIL
C.N., et al. v. A.G. Can., et al.
(Fed. C.A., Nov. 2, 2012) (35145)
2012 FCA 278 (April 11, 2013)
There is a sealing order in this
case, in the context of a
confidential contract with regard
to freight rate fuel surcharges, and
orders-in-council.
■ Eugene Meehan, QC, is a Litigation
Partner at Supreme Advocacy LLP,
Ottawa. His primary area of work is with
the Supreme Court of Canada, mainly
assisting other lawyers in taking cases
(both Leave to Appeal and Appeal), and
complex legal opinions. For previous
summaries, and to keep up-to-date with
all SCC appeals and leave to appeals,
contact Eugene at
emeehan@supremeadvocacy.ca.
22 ■ MAY/JUNE 2013 ARCTIC OBITER

MEMBER RESOURCES
PRACTICE ADVISORS
The Practice Advisors from the Law Society of Alberta are
available to discuss legal, ethical and practice concerns, and
personal matters such as stress and addiction. Members
are invited to contact the Practice Advisors at any time. Visit
lsnt.ca/advisors for details and contact information.
4th Floor, Diamond Plaza · 5204 – 50 th Avenue
P.O. Box 1298 · Yellowknife, NT · X1A 2N9
T: (867) 873-3828 · F: (867) 873-6344
info@lawsociety.nt.ca · www.lawsociety.nt.ca
The Legal Profession Assistance Conference (LPAC) of
the Canadian Bar Assocation is dedicated to helping
lawyers, judges, law students and their families with
personal, emotional, health and lifestyle issues through a
network of Lawyer Assistance Programs, a national 24-hour
helpline and Provincial Programs. If you need assistance,
please call the helpline or visit their website.
1-800-667-5722 www.lpac.ca
PRESIDENT
VICE-PRESIDENT
SECRETARY
TREASURER
LAYPERSON
Caroline G. Wawzonek
Karen Wilford
Margo Nightingale
J.M. Alain Chiasson
Peter Hall
MENTOR PROGRAM
Members from Northwest Territories and Nunavut are invited
to call the office of the Alberta Practice Advisor and ask for
the Mentor Program. Please be advised that not all of the
mentors may be totally familiar with NT statutes and
practice. There is no cost. Call 1-888-272-8839
P.O. Box 1985 · Yellowknife, NT · X1A 2P5
T: (867) 669-7739 · F: (867) 873-6344
info@cba-nt.org · cba.org/northwest
PRESIDENT
VICE-PRESIDENT
SECRETARY/TREASURER
PAST-PRESIDENT
Glen W. Rutland
Sandra MacKenzie
Karin Taylor
Malinda Kellett
The Law Society of the NWT and the
CBA-NT Branch have partnered with
Human Solutions to offer members
free, private and confidential
professional counseling and consultation for the resolution of
personal issues or work related difficulties. This service is
available 24 hours a day, 7 days a week. Call any time.
1-800-663-1142
MEMBERS OF
COUNCIL
DEPUTY SECRETARY/TREASURER
EXECUTIVE DIRECTOR
DIRECTOR OF COMMUNICATIONS
LEGAL EDUCATION COORDINATOR
ADMINISTRATIVE ASSISTANT
& MEMBERSHIP ENQUIRIES
Sheldon Toner
BettyLou McIlmoyle
Jeannie Wynne-Edwards
Linda G. Whitford
Nancy
Zimmerman
Liz Jackson
ARCTIC OBITER MAY/JUNE 2013 ■ 23