Benchers’ Notes

Winter 2018 Volumn 19, Number 2

This issue of Benchers’ Notes contains information on selected topics considered by Benchers at Convocation and other items of interest to the Bar. This edition of Benchers’ Notes is available online at www.lawsociety.nf.ca.

President’s Report

Welcome to the Winter edi- Donovan Molloy, QC concluded. On behalf of Benchers, tion of Benchers’ Notes I would like to take this opportunity to thank these indi- where I hope to continue viduals for their dedicated service over their two terms the tradition of keeping our as Benchers. Amy and Donovan always fully contrib- members informed and up- uted their intellect and skills around the Benchers’ ta- dated with our latest news ble and we appreciate their commitment and efforts. and to provide you all with information that I hope Following the AGM, I was pleased to attend the Annual you will find to be helpful. Dinner. This is always an enjoyable event, with one of the highlights being the presentation of awards. Stu- Before I get into the de- dent awards were presented to: Dana Martin (Hunt tails of what I have been Award), Sarah Pinsent (Penney Award and Sprack- doing since being elected lin Award), Stephanie Morton (Provincial Court Judg- Donald E. Anthony, as President, I would like es’ Association Award) and Nakita Ryan (William J. President, Law Society of Newfoundland to express my sincere ap- Browne Scholarship). Service awards were also present- and Labrador preciation to my prede- ed: Appointed Bencher, Linda Harnett was awarded cessor, R. Paul Burgess, the Jean Bruneau, OC, Certificate of Merit; Randell Ear- QC. I was fortunate to bear witness to Paul’s dedication le, QC and Sheila Greene, QC were each presented with to the Society during his tenure as President and learned the Gordon M. Stirling Distinguished Service Award. much from doing so. He continually expressed an eager- ness to deal with the complex issues faced by the Law On 15 June 2018, I officiated at my first Call to Bar cere- Society during his term as President and always carried mony which was presided over by Chief Justice Ray- out the role with apparent ease and a sense of excite- mond P. Whalen and where 6 students became lawyers. ment about the work. He is a great friend and passionate lawyer, dedicated to his colleagues and his profession. On 26 July, I met with incoming Chief Justice Fry. We had an expansive conversation wherein we canvassed is- I was officially confirmed as President following the An- sues of mutual concern and benefit to the Bar, Bench and nual General Meeting (AGM) on 8 June 2018, where public at large. the results of the Benchers’ election were announced. Elected were: Gladys Dunne, Valerie Hynes, Ann Mar- On 10 September, I attended and spoke at the Swear- tin, Doug Wright and Adrienne Edmunds, all of whom ing In of Chief Justice Fry - the first time in our prov- were warmly welcomed to the group. With their elec- ince’s history that a woman has been appointed as tion, the terms of former Benchers Amy Crosbie and Chief Justice. I was honoured to participate in the

The Law Society of Newfoundland and Labrador 196-198 Water Street PO Box 1028 St John’s, Newfoundland Canada A1C 5M3 Tel (709) 722-4740 Fax (709) 722-8902 Benchers’ Notes ceremony and to attend the reception fered we examined the regulators’ role This year, we have been saddened that followed. and responses to technology-driven by the passing of fellow Law Soci- innovations. At the center of the dis- ety members, John Cochrane Sweet- During the month of October, I met cussion at this conference was the law land, QC and William Augustus separately with Chief Justice Fry, Chief societies’ mandate to act in the public Collins, QC, both of whom will be Justice Whelan and Chief Judge Gould- interest and ability to increase access recognized in the “In Memoriam” ing to discuss, among other topics, the to affordable legal services. I cannot section in the following pages. It is relationship between the Law Society overstate the benefit we derive from always a difficult and sad occasion and the Judiciary. I took this oppor- meeting with other legal regulators to learn that colleagues have passed tunity to update the Judiciary on the from across the country to share ex- and the families and close friends of issues facing the Law Society, as well periences, glean advice and discover both were very much in our thoughts. as to advise them of ongoing, new and opportunities to improve our services. potential initiatives and programs. My term thus far has been event- On 30 October I attended a retirement ful and exciting and I look forward On 5 October, I officiated my second dinner for the Hon. Derek Green. It to the months ahead. I would like to Call to Bar ceremony, which was pre- was a lovely event and a great opportu- thank my fellow Benchers for their sided over by Justice David B. Ors- nity to acknowledge Justice Green for continued support. I extend special born, where a total of 10 students be- the remarkable work he accomplished thanks and appreciation to the Law So- came lawyers. during his tenure as Chief Justice. ciety staff, who make it possible to be able to fill the role of President while From October 17 through 19, On December 4, Ian Patey, Brenda maintaining a practice. The amount Vice-President, Ian Patey, Brenda Grimes, QC, and I met with Minis- and quality of the work they do is some- Grimes, QC, Aimee Rowe and I at- ter of Justice and Public Safety and thing we should all be proud of and tended the 2018 Annual Conference Attorney General, Andrew Parsons, for which I am immeasurably grateful. of the Federation of Law Societies in QC. We enjoyed a friendly and pro- Charlottetown, Prince Edward Island. ductive conversation wherein we In conclusion, I hope that you and The Conference, entitled “Robots and advised the Minister of new and your families enjoy a wonderful Rule Makers: New Frontiers for Le- ongoing initiatives of the Law So- Christmas and holiday season a wish gal Regulation, focused on emerging ciety and how some of our work you all a Happy New Year! technologies. Through the various will require legislative amendment. sessions and workshops that were of-

2 The Law Society Benchers’ Notes

Note from Brenda B. Grimes, QC Executive Director

Over the last number of years, Law public interest by focusing on the real Society staff have been focusing on and identifiable risks which currently researching and preparing papers exist. As part of that process, Benchers regarding various policy changes are considering quality assurance ini- and strategic initiatives identified by tiatives such as: alternatives to the Benchers during the strategic planning disciplinary stream which allow for sessions held in 2015. Many of the public protection while recognizing initiatives relate to efforts to enhance the impact of mental or other health the Law Society’s regulatory tools in issues; practice management reviews/ ways which adhere to the Law Soci- tools which would benefit the public ety’s mandate to regulate the legal pro- by assisting members; and enhanced Brenda B. Grimes, QC fession and the practice of law in the technology and communication tools. Executive Director Law Society Library The last two years here in the Law Library have been filled holds on items that are out by contacting the Law Library. with changes. In the Spring of 2017, we began a collection Another great feature of our new catalogue is that Mem- reorganization project that would cover all of the library bers can check their due dates without needing to go resources. This project involved obtaining a new electron- through the Law Library. If you have items out or want to ic catalogue, reviewing our holdings for currency and make sure that everything was returned, you can select the relevancy to the needs of the Members based on the 2016 login button in the upper left-hand corner of our catalogue. Member use survey along with interactions with Members The system will request you to enter your email address conducting research and switching from the American to – that will be the address you have entered into the Law the Canadian call number system for legal cataloguing. Society Directory or provided to the Law Library. You do not require a password. The system will show you all of I am pleased to report that the call number reassign- the items you have out and your borrowing history which ment phase has been completed for circulating and ref- can be useful for both your current due dates and if you erence items. Library users can now be reassured that need to try to borrow an item that was useful previously. they will only need to search in one area rather than two Please note that this is only for Members who have bor- to find the items they need. If you are not familiar with rowed from the Law Library. You will not have an account the KF modified system, the call numbers follow a sim- in the system if you have never borrowed from us before. ple system of KF-a multi-digit number that identifies Also, please note that we are not linked to the Law Society the area of law-a unique identifier for the item-the year Directory so if you have made changes to your directory of publication (range of publication for loose-leaf bind- information, we request that you email us with the change ers), ex: KF 8935 .N49 2005 would be KF-evidence-Law of information so we can keep your library records current. Society CLE- published in 2005. Now that everything is KF modified, the easiest way to locate this item on the In addition to last year’s change in Law Librarian, we have shelf would be to look in the catalogue and remember had a change at the Circulation Desk as well. Rosie Myers just 8935 .N49 or you are always welcome to just ask us! has moved on to other opportunities and Leah Griffiths has assumed the role of Library Technician. Leah has a Li- We launched our new electronic catalogue and it is fully brary Technician degree from the Nova Scotia Community available either on the home page of the Library page on College and a variety of library and archives experience. If the Law Society website < http://www.lawsociety.nf.ca/ you haven’t had the opportunity and you are around Wa- library/ > or you can bookmark the link to our catalogue ter Street, please feel free to come and meet your Library < https://17941.rmwebopac.com/ >. A neat feature of team. the catalogue is that you can see how many volumes an item has or if the item is available for borrowing by do- Law Society - Awards ing a search and then selecting the title of the item. This will bring you to the full record of the item and, at the bot- Service Awards tom of the page, you can see whether the item is available Life Membership was awarded to the following members: or if is loaned out and it’s due date. Members can place James Vavasour, QC and Edward Shortall, QC. of Newfoundland and Labrador 3 Benchers’ Notes Decisions, Decisions, Decisions Below is a brief summary of some of the decisions taken by Benchers during the period from April 2018 up to and including June 2018.

9 April 2018: Benchers went on to approve a recom- Society of Ontario, joined the meeting mendation relating to the procedure to discuss the practice review program This meeting of Benchers was held to follow when the vice-president is in Ontario, which he described as a in Gander and was formally started unable to fulfill his/her duties due to proactive means to ensure good prac- by President, R. Paul Burgess, QC ac- conflict; and the Collection and Devel- tice habits. Mr. Harmsen noted in his knowledging that it was taking place opment Policy and the Use and Access presentation to Benchers that, although on the ancestral lands of the Mi’kmaq Policy developed by the Library Com- quantitative statistics are difficult to and that the island of Newfoundland is mittee. find, the program in Ontario has had the ancestral homeland of the Beothuk a qualitative impact in that it is likely and Mi’kmaq. Mr. Burgess, QC also 8 June 2018: that less complaints are received and noted that the meeting was being held more are dismissed as a result of the in the hometown of the late Kevin Pres- This meeting of Benchers was formal- program’s existence. He noted that ton, former Bencher. ly called to order by the President, R. following initial reservations, practi- Paul Burgess, QC acknowledging that tioners now feel it is a program which The Education Committee presented the Island of Newfoundland is the an- benefits them. the first report and Benchers approved cestral homeland of the Beothuk and three Certificates of Fitness, ten appli- Mi’kmaq. A paper on Complaints Resolution cations for Non-Practicing status and without Formal Discipline was dis- three applications to resign member- The President then welcomed Justice cussed. This strategic initiative was ship. With the recommendation of Malcolm Rowe to the meeting (the first identified in 2015 to assist the Law So- the Honours and Awards Committee, time a Supreme Court of Canada Jus- ciety in dealing with matters that en- Benchers awarded life membership tice had attended a Benchers’ meeting) gage or involve mental health issues. and the Gordon M. Stirling Distin- who discussed the role of the various The paper recommended the develop- guished Service Award to Randy Earle, Courts of Appeal and offered Benchers ment of a fitness to practice program. QC. The President noted that Benchers an interesting perspective into a day as Benchers decided that the Law Society had previously unanimously approved a Supreme Court of Canada Justice. should move forward with the devel- a motion granting the Jean Bruneau, opment of a fitness to practice program OC Certificate of Merit to Ms. Lin- Benchers then approved six Certificates looking to Nova Scotia’s program and da Harnett. (Benchers voted and ap- of Fitness, one transfer under the Na- experiences for direction. proved the awarding of the Gordon M. tional Mobility Agreement, six appli- Stirling Distinguished Service Award cations for Non-Practicing status and Benchers went on to approve amend- to Sheila Greene, QC on 11 May 2018.) ten applications to resign membership. ments to Rule VIII, Professional Prac- They also approved a recommendation tice Rules. A discussion on Practice Reviews fol- of the Honours and Awards Commit- lowed and concluded with an agree- tee to award life membership to James Following presentation of the finan- ment that it would be beneficial to Vavasour, QC. cial report, Paul Burgess, QC acknowl- obtain further information from the edged the loyal and dedicated staff of Complaints Authorization Committee Benchers next approved appointments the Law Society lead by Ms. Grimes, and the Insurance Committee relating to the Disciplinary Panel, Education QC, highlighting the strength of their to the types of complaints and claims Committee, Library Committee and unit. He also commended the Exec- received; and from other jurisdictions Access to Justice Committee; the reap- utive Committee and Benchers with which have implemented similar pro- pointment of the chairs of each Law So- whom he had relationships grounded grams. ciety Committee, with the exception of in a mutual respect, noting that each the Honours and Awards Committee play a significant role in governing the Benchers considered a package of ma- (Rebecca Redmond MacLean appoint- legal profession. terial relating to the Automobile Insur- ed as the new chair) and Access to Jus- ance Review. Following a discussion, tice Committee (Joan Dawson appoint- Convocation broke for the Annual Gen- Benchers agreed to not present sub- ed as the new chair); and approved eral Meeting and when the meeting missions on the issue of automobile the creation of an equity and diversity recommenced, the Executive Commit- insurance reform to the Public Utili- committee with Scott Worsfold ap- tee slate, namely Don Anthony (Presi- ties Board at this time but reserved the pointed as the chair of that committee. dent), Ian Patey (Vice-President), Paul right to make submissions in the future Burgess (Past President), Ann Martin if it appeared to be consistent with the Henny Harmsen, Counsel & Assistant (CAC Chair) and Renee Appleby was Law Society’s mandate. Manager Practice Review at the Law approved by Benchers. 4 The Law Society Benchers’ Notes

Insurance and Risk Management Do You Have What it takes to be a Sole Practitioner? 50% of the private practice firms in Newfoundland and Labrador are sole practitioners. It is also interesting to note that 35% of the insurance claim files are from sole practitioners. As a solo, it’s great to have the freedom that comes with being your own boss, but you also have full responsibility for all aspects of the operation of your law prac- tice. Do you have what it takes to be a sole practitioner? Take this self-assessment quiz to answer that question:

SKILLS RESULTS Getting Clients -projecting confidence in your skills -asking for referrals 1 2 3 4 5 -networking -identifying client needs (low) (high) -client service follow-up Marketing -advertising/promotion/public relations - advertising copy writing 1 2 3 4 5 -annual marketing plans -pricing (low) (high) -marketing strategies Financial Planning -cash flow planning -management of credit lines 1 2 3 4 5 -bank relationships -monthly financial statements (low) (high)

Accounting -bookeeping -billing, payables, receivables 1 2 3 4 5 -monthly profit & loss statements/balance sheets (low) (high) -quarterly/annual tax preparation Administrative -scheduling -benefits administration 1 2 3 4 5 -payroll handling (low) (high)

Personnel Management -hiring employees -general management skills 1 2 3 4 5 -motivating employees -firing employees (low) (high)

Personal Business Skills -oral presentations -written communication skills 1 2 3 4 5 -computer skills -writing skills (low) (high) -Technology skills -organization skills Intangibles -ability to work long and hard -ability to manage risk & stress 1 2 3 4 5 -family support -ability to deal with failure (low) (high) -ability to work alone -ability to manage others

How did you do? -If your total is less than 20 points, you should reconsider whether owning a business is the right step for you -If your total is between 20 and 25, you are on the verge of being ready, but you may be wise to spend some time strengthening some of your weaker areas -If your total is above 25, you are ready to start a sole practice now (Excerpt from Lawpro Magazine, 2017/Student Issue 5) of Newfoundland and Labrador 5 Benchers’ Notes Publications of the SS Daisy Legal History Committe

The thirteen books shown here have been published in recent years by the SS Daisy Legal History Committee. They offer a varied and interesting look at the development of law in New- foundland and Labrador over the last two centuries and more.

Please call 722-4740 for details on how you can purchase a copy or several – they make a great gift for any history buff(s) you might know!!!

6 The Law Society Benchers’ Notes

of Newfoundland and Labrador 7 Benchers’ Notes

Law Society of Newfoundland and Labrador Continuing Legal Education Reminder Notice to Law Society Members - 2018 CLE Report Deadline

The Law Society would like to remind all members that the deadline for filing your CLE Report is December 31, 2018.

Unlike previous years, members can upload information relating to their CLE activities at any point prior to the deadline as follows: 1. Access the Law Society Portal 2. Enter your login details (reminder: your username is your Law Society member number) 3. Hover the cursor over your name at the top right-hand corner of your screen and a drop-down menu will appear 4. Click “CLE” 5. Click “CLE Report” found on the left hand side of your screen 6. Enter the activity details 7. Click “Save”

The member’s CLE Report will be automatically updated upon completion of the foregoing steps. A confirmation email will not be sent after a submission has been completed. Members can determine how many CLE hours they have left to complete by referring to the “Additional Hours Required” line item in the table found at the bottom of their CLE Report.

Amendments to Law Society Rule 6

At the Fall Term Convocation, Benchers approved several changes to Rule 6, which were proposed by the Education Committee in consultation with the Bar Admission Committee. The objectives of these revisions were to:

1. modify the responsibilities of the Bar Admission Committee and the Education Committee with respect to the Bar Admission Course; 2. include an explicit good character requirement for non-practising/suspended/former members seeking to return to practising status akin to that required of students pursu ant to Rule 6.03(1)(a); 3. explicitly authorize the Education Committee to impose conditions and/or restrictions on non-practising/suspended/former members seeking authorization to return to prac tising status; 4. remove a reference to the defunct Newfoundland Law Reform Commission; 5. properly identify the various courts of the province; and 6. address consistency and grammatical issues.

It is anticipated that further changes to Rule 6 will be implemented in late 2018 or 2019 and members are asked to watch for broadcasts from the Law Society regarding same.

Thank you. NL Continuing Legal Education

8 The Law Society Benchers’ Notes

Insurance and Risk Management The following is an article from Homewood Health, your health and wellness provider. Holiday Stress and Anxiety Prevention

Are you approaching winter celebrations with ap- a holiday-related event may bring on more debilitating prehension? We have practical tips on how you can symptoms like shallow breathing, heart palpitations, and find fun in your function! irritability as the body responds with intense reactions that might seem disproportionately strong. These kinds of extreme anxiety responses have often been brought on Regardless of beliefs or religion, the approaching winter by interpersonal conflict. Conditioned over time, these re- season brings with it the close to another calendar year sponses have trained the brain to overestimate the level and in many instances a celebratory atmosphere through- of risk and/or danger that exists within a given situation. out various cultures. We’re about to head into a high sea- Someone with an anxiety disorder might experience the son of get-togethers with friends, family, neighbours and sudden onset of headaches, dizziness or even high blood co-workers. We’ll gather to share meals and take part in a pressure. While the scenario of relatives arguing about host of other colder-weather traditions. Many would sug- something might be somewhat uncomfortable for every- gest these moments are supposed to make us feel good, one, for a person with an anxiety disorder, this can have filling us with joy and a renewed sense of togetherness. So, a very physical reaction that is instinctive and can be dev- why is it that so many of us are finding that we no longer astating. It’s “fight or flight” in action. They may immedi- share this sentiment? ately feel like they need to withdraw and depending on the degree of uneasiness and tension that has been intro- For some, it may not be the most wonderful time of duced, they may not be able to rejoin the gathering and the year may feel compelled to leave the immediate environment.

Every year the cavalcade of consumer goods associated with Every year the cavalcade of consumer goods associated our various winter celebrations get stocked earlier and ear- with our various winter celebrations get stocked earlier lier on store shelves. The commercial blitz combined with and earlier on store shelves. The commercial blitz com- the visual stimuli serves as a constant reminder of the com- bined with the visual stimuli serves as a constant reminder ing holidays. Unfortunately for some, there are negative of the coming holidays. Unfortunately for some, there are repercussions to the inescapability of the season. For those negative repercussions to the inescapability of the season. who have sensitive memories or highly emotional or trau- matic events from past years tied to the holiday season, var- Clues your body uses to show that you are feeling ious triggers may induce strong reactions including anxiety stressed and/or depression, and in some instances even phobias that can affect people’s dispositions and behaviours significant- ly and may lead or contribute to adverse health outcomes. While some people insist they are motivated when they are feeling stressed, a stress reaction can actually set off instinctive physical, behavioral and psychological chang- So, what can we do about this? es in our bodies that over time, can have a significant ef- fect on our long-term health. Though you might not think It’s time for us to listen to our instincts and acknowledge they are related, stress reactions can cause you to lose what our minds and bodies are telling us. We can minimize sleep, create upper respiratory or digestive problems, some of the increased anxiety and reduce some of the stress be related to the development of hypertension, and over that we feel building about the impending festivities by the longer term may be associated with coronary heart recognizing the symptoms we are experiencing, acknowl- disease. Have you noticed nervous habits like nail biting edging our reactions to them, and developing plans to put increase when you’re stressed? If you’re a smoker, have safeguards and solutions in place that allow us to be better you observed that you might be consuming more ciga- prepared for these events. rettes when stress runs high? Even seemingly innocent things like a lack of patience, reduced activity levels, for- Recognizing the symptoms of anxiety getfulness, difficulty concentrating, and uncharacteristic interpersonal conflicts are warning signs that your body Generally, anxiety is a reasonable and temporary reaction is reacting to an increased amount of stress. The challenge to stressful situations or environments. What makes things in recognizing our reactions is that we think these are just more complicated is when someone has an anxiety disor- normal responses. It’s easy to rationalize that we’ve only der. In this case, the anticipation of what could happen at had a bad day or are in a bad mood. of Newfoundland and Labrador 9 Benchers’ Notes

Seven techniques you can use to help diminish One of the best things you can do to stay calm and focused your anxiety or alleviate stress in stressful situations is to anticipate what could happen and visualize what you would do and what the priorities would be. Make a list of things you need to remember or Being able to recognize anxiety and stress reactions is a complete, identify goals and remember, be kind to your- great first step. The ultimate goal is to be able to respond self by recognizing your accomplishments and progress. with techniques that can be used to stop the escalation and re-focus ourselves. 7. Watch what you eat, drink and indulge in 1. Express yourself Be aware of the effects that your dietary choices can have on anxiety and stress. Caffeine has been shown to Although it goes against what your body may be telling increase cortisol levels, which in turn can lead to anx- you, it’s essential to stay connected with people who are iousness. Nicotine is a powerful stimulant that produces supportive, caring and sympathetic. Meeting with trusted epinephrine (adrenaline) when inhaled. Adrenaline can family members or friends who will listen to how you are spike glucose levels, which in turn increases blood pres- feeling and help you express yourself is one way to reduce sure, heart rate and respiration, creating conditions for an anxiousness and stress. anxiety attack. Alcohol is both a stimulant and a depres- sant that causes mood and emotional changes that can 2. Look on the bright side induce an anxious response, trigger a depressive state and in some instances may result in fatigue. Often holi- day gatherings mean an abundance of sweets and treats Being able to re-frame your perspective allows someone - with high levels of sugar and fat. Pay attention to your to look at difficult situations with a goal in mind to over- body’s need for healthy food during this busy time of year. come any negative thinking. Shifting problems into op- portunities can be a beneficial way to feel more in control. What else can you do to feel well throughout 3. Take a moment just to breathe the season of winter celebrations?

Your brain can switch from a stressed state to a relaxed and Have the courage to be honest with your friends and calm demeanor when you concentrate on the simple act of family about how they can be involved and help you inhaling and exhaling. Over time, you can develop skilled with goals to reduce stress and anxiety. Clarify expec- relaxation that extends to release muscle tension and re- tations that they may have of you and reframe them. lieve feelings of anxiousness. Close your eyes, clear your It may mean that you need to take a step back from tra- mind and notice nothing but the rhythm of your breath. ditions that you don’t enjoy. That’s okay. Releasing ex- You could even use a positive message to stay focused: pectations from past years that have created anxious or Life is beautiful. This is the very essence of meditation, stressful responses can be very liberating. This also al- and with practice, you can see significant improvements lows you to focus on the current year: It’s okay if prior- in concentration and your overall feelings of well-being. ities look different than those of past holidays or years.

4. Get enough sleep Take time to reflect on the deeper meaning of these gath- erings and events for you personally, for your family and your social circle. Think about what makes this year unique Getting a restful night’s sleep helps you cope better with the and memorable. stresses you experienced during the day and enables you to prepare for tomorrow. Studies have repeatedly shown that Finally, don’t try and control the uncontrollable, espe- the optimal amount of sleep ranges between seven and eight cially other people’s behaviour. Focus on the things you hours each night. After you feel more rested, you may even can control: like the way you choose to react to a per- feel energized enough to wake up early to plan your day. ceived problem. If you need to, step back from stress- ful situations so you can move away from the emo- 5. Exercise. Even 20 minutes a day can help tional reaction that could create an anxious response. Remind yourself of what’s important. Will it matter in a When you exercise, your body produces endorphins that month, or in a year’s time? Some people use the five by five combat stress and fatigue. Walk, swim, or dance. Move rule to assess a situation: if it’s not going to matter in five your arms and legs, stretch, get your blood circulating. Lis- years, don’t’ spend more than five minutes being upset by it. ten to music while you work out to help put you in a pos- In the end, it’s about the series of small steps you can itive mood. Findings suggest that between 20 and 40 min- take to keep your brain calm at a particularly stressful utes of aerobic activity can result in a reduction of stress time of year. Worrying is a habit you can learn to manage! levels for several hours. For additional information, support, resources and coun- 6. Plan ahead and prioritize seling on health and wellness, visit Homeweb.ca

10 The Law Society Benchers’ Notes Changes in Status

The following changes in status were approved by Benchers sitting in Convocation between February 2018 and June 2018:

Resumption of Practicing Status:

Ken Anderson 30 November 2017 Andrew White 31 January 2018 Janet Carpenter 11 December 2017 Jaclyn Whelan 1 April 2018 Chad Blundon 12 December 2017 Bernadette Cole Gendron 30 April 2018 Tanya Bath O’Neill 13 December 2017 Katrinna Brannan 1 May 2018 Jacqui Walsh 11 January 2018 Heather Jacobs 3 May 2018

Members Granted Permission to take Non-Practicing Status:

Pamela Earle 19 January 2018 Julia Tomson 30 March 2018 Jody Saunders 8 February 2018 Kenneth Anderson 9 April 2018 Stephen Lichti 14 February 2018 Timothy Morris 1 May 2018 Jennifer Berlin 9 February 2018 Reginald Butt 20 May 2018 Alexandria Hollett 20 February 2018 Edward Noonan, QC 31 May 2018 Kimberly Burridge 1 February 2018 Katie Philpott 1 March 2018 Jonathan Mahoney 7 February 2018 Elizabeth Ivany 31 March 2018 Sabrina Bitton 1 March 2018 Tracy Bannier 1 June 2018

Members Granted Permission to Resign Membership:

Emily Lukawesk 7 March 2018 Jennifer Berlin 27 April 2018 Danielle Rode 6 February 2018 Felix Collins, QC 25 April 2018 Lisa Byrne 15 February 2018 David Bennette 26 April 2018 Robert Bursey 30 April 2018 Gordon Aylward 16 April 2018 Stephen Litchi 24 April 2018 Edward Langdon 26 April 2018 Maria Henheffer 19 April 2018 Owen Myers 1 January 2018 Colin Strapps 1 March 2018

Benchers and members were saddened to hear of the passing In Memoriam of the following former member:

John C. Sweetland, QC #346; called 9 April 1973

William A. Collins, QC #322; called 14 December 1971

of Newfoundland and Labrador 11 Benchers’ Notes

12 The Law Society Benchers’ Notes

of Newfoundland and Labrador 13 Benchers’ Notes Complaints Authorization Committee In accordance with Law Society Rule The Committee determined that this The complaint was that the respon- 9.06(5) the Vice-President has been di- failure does not comply with the stan- dent continued to use firm letter- rected to advise members of the soci- dard of conduct contemplated by the head subsequent to his election of ety of the circumstances giving rise to Code. The Committee counseled the non-practicing status which was mis- the Committee’s decision to counsel member that lawyers are required to leading. The Committee cautioned or caution a respondent, as follows: have a system in place wherein they the respondent that it is inappropriate have the ability to receive email or to misrepresent one’s standing with A Letter of Counsel was issued by the other communications from their cli- the Law Society in communication CAC with respect to the following ents within a reasonable time. (Code with others. (Law Society Act, 1999, s. Complaint. of Professional Conduct (2013), chap- 2, Law Society Rules 2.19(5) and 2.24 ter 3, rule 3.2-1, commentary [5](g)). and the Code of Professional Conduct The complaint was that a respon- (2013), chapter 2, rule 2.1-1, commen- dent failed to have a system in place A Letter of Caution was issued by the taries [1], [2], [3] and [4]). whereby the respondent could an- CAC with respect to the following swer, within a reasonable time, a Complaint. communication that requires a reply.

The Law Society currently has possession of files from the following lawyers: Alan Carter Gerard Griffin Keith Rose Christopher Sullivan Gerard Gushue Kent Morris Claude Sheppard Glen Bursey Michael Drover David Pitcher Glube Jewell R A Parsons/O’Neil David Sparkes Gordon Seabright Ronald Noseworthy Doug Harvey Hugh Coady William Browne Fabian O’Dea James Nurse William Parsons Frederick R Bishop Jody Saunders John Sweetland, QC Members can contact Lisa Kennedy, Custodianship Assistant for details on any of the above by email at [email protected] or by telephone at 758-0822.

For Lease: 357 Duckworth Street, St. John’s

Walk to the Court House or Provincial Court Recently renovated, very attractive space in the downtown core. Almost turn-key, just needs your personal touch. 4,900+ sq. ft. available over two floors. Includes first floor. $24.00/ ft sq gross with parking included!

MLS #1136566 For more information see: http://www.martek.ca/index.php/proper- ties-lease/office/duckworth-street-357

14 The Law Society Benchers’ Notes

Call to Bar

15 June 2018 1st row (l-r): J. Habet, K. Cleghorn, R. Roche 2nd row (l-r): D. Ashton, J. Rocheleau, C. Burt

5 October 2018 1st row (l-r): V. Medon, A. Rankin, T. Starrett, M. Drover 2nd row (l-r): H. Holm, M. Wells 3rd row (l-r): E. Newton, J. Cooke Back row (l-r): J. Freeman, P. Shink

of Newfoundland and Labrador 15 Benchers’ Notes

Law Society Annual Dinner #1 The Hunt Award Award Winner: Dana Martin Award presented by Donald Anthony (Award in Memory of Charles E. Hunt, QC and The Honourable Mr. Justice Douglas C. Hunt) #2 Award in Memory of Edward J. Penney Award Winner: Sarah Pinsent Award Presented by Lynn Sullivan #3 Provincial Court Judges’ Association Award Award Winner: Stephanie Morton Award Presented by Judge Brazil #4 Award in Memory of Wayne F. Spracklin, QC Award Winner: Sarah Pinsent Award Presented by Daniel Simmons, QC #5 William J. Browne Scholarship Scholarship Winner: Nakita Ryan Award Presented by Ian Patey and Father 1 Browne

2 3

4 5

16 The Law Society Benchers’ Notes

Awards Presentations

#6 Presentation of the Gordon M. Stirling Distinguished Service Award Award Recipient: Sheila Greene, QC Award Presented by R. Paul Burgess, QC

#7 Presentation of the Gordon M. Stirling Distinguished Service Award Award Recipent: Randell Earle, QC Award Presented by R. Paul Burgess, QC

#8 Presentation of the Jean Bruneau, OC, Certificate of Merit Award Recipent: Linda Harnett Award Presented by R. Paul Burgess, QC

6

7 8

Get involved! The Public Legal Information Association of NL (PLIAN) provides a valuable service to the public and has been doing so since 1984. PLIAN’s mandate is to provide public legal education and information services with the intent of increasing access to justice. The services provided by PLIAN (such as the Lawyer Referral Service, Legal Information Line, school visits, community information sessions and various publications) assist in providing all members of society who require information about the law, legal processes and the administration of justice with easily accessible information. PLIAN needs help from all of you in carrying out this mandate.

Please contact any of PLIAN’s staff at 722-2643 to ask how you may get involved.

of Newfoundland and Labrador 17 Benchers’ Notes

Benchers’ Convocation - 8 June 2018

Back Row (l-r): Renee Appleby, Suzanne Orsborn, Glenda Reid, Rodney Zdebiak, Douglas Wright, John Hogan, Adrienne Edmunds, Allan Skanes, Ross Elliott, Joan Dawson, Linda Harnett

Front Row (l-r): Scott Worsfold, Paul Burgess, QC, Donald Anthony, Ian Patey, Ann Martin, Brenda Grimes, QC

Officers

President: Donald E. Anthony Vice-President: Ian S. Patey

Elective Benchers Appointed Benchers

Eastern District: Central District: Ross Elliott Joan M.B. Dawson Renee L. F. Appleby Linda Harnett Rebecca A. Redmond MacLean Gladys H. Dunne Glenda Reid John J. Hogan Allan Skanes Valerie A. Hynes Western District: Ann F. Martin James E. Merrigan, QC Leanne M. O’Leary Trevor A. Stagg

Suzanne M. Orsborn Scott Worsfold Labrador District: Adrienne S. Edmunds Douglas W. Wright Rodney J. Zdebiak

18 The Law Society