74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 1 Volume 14, Issue Number 4 August, 2001 Highlights of the Annual Meeting of the Law Society of Saskatchewan Held June 7, 8 and 9, 2001 The 62nd Annual Meeting of the Societies of Canada, and enjoyed a Lamontagne. As is noted in this Law Society of Saskatchewan was presentation of the Virtual Law edition, the members were advised held June 7, 8 and 9 in Regina. It Library, www.canlii.org, by Sue Baer, that work is ongoing to review, and was the last one to be held with the Director of Libraries. possibly revise, trust account social and business events over two After an afternoon of golf and the requirements and the spot audit days. Falling attendance and lack of science centre, a dinner was held at program. As well, the members invitations from local Bar the Centre of the Arts where senior were advised that the Benchers Associations has led the Benchers to life memberships were presented to approved the transfer of $400,000 agree to a business only format. Allan Blakeney, Q.C. and William F. from the Self-Insurance Fund to the The registration event was held at Ready, Q.C. commemorating 50 Special Fund. the MacKenzie Art Gallery where years membership in the Law The CBA Annual Meeting the delegates enjoyed hors d’ouevres, Society of Saskatchewan. Mr. followed. At their Community entertainment and great company in Ready was introduced by his son and Service Award luncheon, Paul the distinctive setting of the Art former partner, Kenneth Ready, Bourassa, counsel for The Hill Gallery. Q.C. Dean Beth Bilson introduced Companies, was recognized for his The Friday business session Mr. Blakeney, the holder of the Law extensive work with the community. featured an address by Chris Foundation Chair at the College of Among other matters, Paul was Axworthy, Q.C., Minister of Justice Law. President of the United Way of and Attorney General for On Saturday, resolutions Regina for 2 years, and is a member Saskatchewan. He spoke about the regarding amendments to the Court of the Board of the Hospitals recent legislation allowing of Appeal tariff and Criminal Law Foundation of Regina. incorporation, LLP’s and class Rules and an increase to the Thanks are extended to the actions and outlined the changes to jurisdiction of the Small Claims organizing committee consisting of The Family Property Act which Court were passed. A resolution Jackie Brown and Kirsten Logan, would give common law and same proposing an end to the Simplified and to our sponsors, Greystone sex couples similar rights as married Procedure Rules in the Court of Managed Investments Inc., couples. His remarks were most Queen’s Bench was tabled. PricewaterhouseCoopers, appreciated. The majority of the discussion at Saskatchewan Court Reporters Attendees on Friday also heard the Benchers’ Bear Pit Session Association and TMC Technology from Abe Feinstein, Q.C. of Ottawa, centered around the defalcation and Management Corporation. President of the Federation of Law subsequent disbarrment of Daniel www.lawsociety.sk.ca 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 2 Highlights Of The Meeting Of The Benchers Held June 5, 6 and 7, 2001 Six Month Mobility Rule Law Society of Upper Canada and the Self-Insurance Fund Barreau du Quebec often feel they can As you would have read in the SLIA has been the errors and proceed on their own initiatives without October, 2000 edition of the Benchers’ omissions insurer of Saskatchewan Federation involvement, the Federation Digest, The Law Society of lawyers since September of 1988. Prior often cannot proceed on many Saskatchewan has had discussions with to that, the insurance was provided by worthwhile initiatives. As a result, the the Law Societies in the other Western American Home Assurance Company, Law Societies of Western Canada have Provinces to increase lawyers’ with the Law Society responsible for the proceeded with joint initiatives on their interjurisdictional mobility, at least in first $100,000 of every claim. The last own. the West. As you will also note, as part American Home insurance claim was At the Federation Annual Meeting of those discussions, The Law Society of finalized this spring. This left almost to be held in Saskatoon in August, the Saskatchewan passed the 10-20-12 $600,000 remaining in the Self- delegates will debate the issue of Rule, which allowed lawyers from other Insurance Fund (being the fund used to increased authority for the Federation provinces to practice in Saskatchewan pay the first $100,000 of all claims). Board of Directors, increased funding to for up to 10 matters, taking less than 20 In light of the Daniel Lamontagne the Federation, and increased days, in any 12 month period. defalcations, the Benchers considered involvement by the Federation’s The Benchers have now passed whether the remainder of the Self- national and international issues. amendments to Rules 200 – 208, which Insurance Fund should be paid into the implement the 6-12 Rule. This allows LAND Project Special Fund, which covers lawyer’s members from British Columbia, defalcations. At the end of 2000, the Alberta and Manitoba to practice for up Just prior to Convocation, the Special Fund stood at 2.56 million to 6 months in Saskatchewan on a Minister of Justice, Chris Axworthy, dollars. Actuaries had suggested that reciprocal basis. All that is required for Q.C., and representatives from the the Fund be maintained at a level lawyers with no discipline or criminal Department of Justice met with between 1.5 and 2.5 million dollars. history is a notification to our office of representatives from the Law Society Payment of the Lamontagne defalcation their intention to practice here. See and the Canadian Bar Association. and trustee’s fees would bring the Fund Allan Snell’s article elsewhere in this Over the years, Mr. Axworthy and his balance to 1.7 million dollars, which is edition. predecessor, John Nilson, Q.C., have at the low end of the recommended been extremely supportive of the level. Federation of Law Societies position that lawyers should be the only The Benchers agreed to transfer “authorized users” (along with select The President of the Federation of $400,000 of the Self-Insurance Fund to government employees) of the Law Societies of Canada, Mr. Abe the Special Fund. This will bring the electronic land titles system. Prior to Feinstein, Q.C. of Ottawa, attended Special Fund to a more comfortable the meeting, the Law Society had Convocation and the Law Society level. The Benchers will consider what received a letter which suggested that Annual Meeting. The Federation of to do with the remaining $200,000 of lawyers should not be the sole Law Societies of Canada is the umbrella the Self-Insurance Fund at a later date. authorized users. Mr. Popescul and Mr. organization of all Law Societies in Grubb expressed their concerns and Review of Trust Account Procedures Canada, with the exception of received a positive response from Mr. Nunavut. The Federation is the As a result of the Lamontagne Axworthy. It was also pointed out that organization which presents the highly defalcation, it became apparent that the the Law Society has offered to assist in successful criminal law and family law current trust account review and the training and certification process of seminars, and most recently is the reporting requirements are not lawyers using the electronic system, but driving force behind CanLII, the necessarily adequate. A review of the has received no response. It was National Virtual Law Library. spot audit program is already underway suggested to the Government officials The Federation is at somewhat of a by John Allen, C.A., the new that if the Law Society does not receive crossroads and Mr. Feinstein and the Auditor/Inspector. As well, we are the support necessary and lawyers do Board of Directors would like to see the taking part in a review of the trust not become sole authorized users, it will Federation move forward. account rules to deal with uniformity in be difficult for the Law Society to justify Unfortunately, because the Board of Western Canada. The Law Society staff the cost and time commitments Directors does not have the authority to will be preparing a report for the necessary to support full utilization of act without the support of the Benchers in the fall. the system by lawyers. Federation delegates, and because the Watch for further reports. 74731.AUGUST.NEWSLETTER 9/21/01 4:42 PM Page 3 Title Insurance Many members will have already involvement of lawyers in real estate In assessing the marketing activities received a letter from First Canadian transactions, and the public right to of First Canadian Title or any other Title suggesting that the Western Law certainty and independent legal advice. title insurance company, members are Societies Conveyancing Protocol is not Many of you will also be aware of the encouraged to critically examine the an effective alternative to title Bank of Montreal Home Closing options and make their determination insurance. The Conveyancing Services Program launched in on what is best for the client in Protocol was developed by the Law partnership with First Canadian Title, individual cases. Societies in order to ensure the which significantly reduces the role of More information can be obtained integrity of our land titles systems, the lawyers in real estate transactions. from the Law Society offices. In Memory of ALLAN MATHIASON passed away suddenly in Saskatoon on May 29, 2001 at the age of 57 years. Mr. Mathison was born in Birch Hills, Saskatchewan and received his education at Crystal Springs School and the University of Saskatchewan, graduating from the College of Law in 1969.