Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page a THE A D VOC AT E JANUARY 2020 V O L . 78 PA R T 1 a Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page b We love legal writing. www.onpoint-Former Law Clerks OP Pleadings We love Goldlaw.com Medalists Factums legal writ- ONPOINT LAW CORP Research Lawyers for Lawyers Experienced Litigators for over 20 years Legal Strategy www.onpointlaw.com 604.879.4280 [email protected] bb Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 1 THE ADVOCATE VOL. 78 PART 1 JANUARY 2020 1 1 Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 2 2 VOL. 78 PART 1 JANUARY 2020 THE ADVOCATE 2 Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 3 THE ADVOCATE VOL. 78 PART 1 JANUARY 2020 3 WhenTime & Money Matter RESOLUTIONS FOR YOUR WORLD www.cansolve.ca [email protected] Call commercial mediators Brian Gibbard [email protected] (604) 351-3270 andPaulTabernerto give yourclientsthe (604) 562-6449 bestchanceforaswift, fairresolution. Built on Trust, Backed by Results Odlum Brown Model Portfolio vs S&P/TSX Total Return Index *Compound annual returns are from inception December 15, 1994 to November 15, 2019. The Odlum Brown Model Portfolio is a hypothetical all-equity portfolio that was established by the Odlum Brown Equity Research Department on December 15, 1994 with a hypothetical investment of $250,000. It showcases how we believe individual security recommendations may be used within the context of a client portfolio. The Model also provides a basis with which to measure the quality of our advice and the effectiveness of our disciplined investment strategy. Trades are made using the closing price on the day a change is announced. Performance figures do not include any allowance for fees. Past performance is not indicative of future performance. Member-Canadian Investor Protection Fund Jeff Davis has been entrusted with the investment portfolios of legal professionals in British Columbia and Alberta for 20 years. Attuned to your needs, he understands that the demands of being a successful lawyer often result in a lack of time to manage your own investments. At Odlum Brown, Jeff develops investment strategies that are conflict-free and focused on creating and preserving the wealth and legacy of his clients. For over two decades, the results of the highly-regarded Odlum Brown Model Portfolio have been a testament to the quality of our advice. Jeff Davis, B.Comm, CIM Let us make a case for adding value to your portfolio, contact Jeff today at Vice President, Director 604-844-5404 or [email protected]. Visit odlumbrown.com/jdavis for Portfolio Manager more information. 3 Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 4 4 VOL. 78 PART 1 JANUARY 2020 THE ADVOCATE OFFICERS AND EXECUTIVES CANADIAN BAR ASSOCIATION LAW SOCIETY OF BRITISH COLUMBIA BRITISH COLUMBIA BRANCH Craig A.B. Ferris, Q.C. President EXECUTIVE COMMITTEE Dean Lawton, Q.C. Lisa J. Hamilton, Q.C. Kenneth Armstrong First Vice President Second Vice President President Jennifer J.L. Brun Don Avison, Q.C. Vice President Chief Executive Officer and Executive Director Clare Jennings BENCHERS Secretary Treasurer Margaret A. Mereigh APPOINTED BENCHERS Past President Mark Rushton Anita Dalakoti Kerry L. Simmons, Q.C. Carolynn Ryan Roland Krueger Executive Director Claire Marshall Guangbin Yan Isabel Jackson Aboriginal Lawyers Representative ELECTED BENCHERS Brandon D. Hastings Jasmin Ahmad, Q.C. Jamie Maclaren, Q.C. Young Lawyers Officer Jeffrey T.J. Campbell, Q.C. Geoffrey McDonald Craig M. Yamashiro Pinder K. Cheema, Q.C. Steven R. McKoen, Q.C. Equality Representative Jennifer Chow, Q.C. Chris A. McPherson, Q.C. Aleem Bharmal, Q.C. Barbara Cromarty Jacqueline McQueen Officer Jeevyn Dhaliwal, Q.C. Elizabeth Rowbotham Lisa Feinberg Karen L. Snowshoe Lauren A. Chu W. Martin Finch, Q.C. Tom Spraggs Officer Brook J. Greenberg Michelle Stanford, Q.C. Baljinder Girn Lisa J. Hamilton, Q.C. Michael Welsh, Q.C. Officer Julie K. Lamb, Q.C. Chelsea Dawn Wilson Dean P.J. Lawton, Q.C. Heidi Zetzsche BRITISH COLUMBIA BAR ASSOCIATIONS ELECTED MEMBERS OF CBABC PROVINCIAL COUNCIL ABBOTSFORD & DISTRICT PORT ALBERNI CARIBOO Zahra Jimale Kirsten Tonge, President Christina Proteau, President Oliver Fleck Sandra Mandanici Susan Grattan Heather Mathison CAMPBELL RIVER PRINCE GEORGE Nicholas Maviglia Scott Morishita Brian Dybwad, President Marie Louise Ahrens , President Karla Mukai CHILLIWACK & DISTRICT PRINCE RUPERT KOOTENAY Adam Munnings Jenny Ghilarducci Benjamin Lorimer, President Bryan Crampton, President Suzette Narbonne Jamie Lalonde Preston Parsons COMOX VALLEY QUESNEL Fred Wynne Mark Burger, President Jennifer Johnston, President NANAIMO Menaka Giri VICTORIA COWICHAN VALLEY SALMON ARM Colleen Hay Clare Jennings Elizabeth L. Robinow, President Dennis Zachernuk, President Esther Robson Sarah L. Klinger FRASER VALLEY SOUTH CARIBOO COUNTY Kevin Simonett Dan Melnick Michael Jones, President Angela Amman, President Drew Mildon PRINCE RUPERT Paul Pearson KAMLOOPS SURREY Bryan Crampton Alicia Glaicar, President Gordon Kabanuk, President Sara Hopkins WESTMINSTER KELOWNA VANCOUVER Jennifer Anderson VANCOUVER Mylene de Guzman Jeremy Burgess, President Executive Fiona Begg Brandon Hastings KOOTENAY Andrea Fraser Aleen Bharmal, Q.C. Duncan Magnus Andrew Bird, President President Kyle Bienvenu Daniel Moseley Karey Brooks Greg Palm NANAIMO CITY Samantha Chang Jennifer Brun Kristin Rongve, President Vice-President Lauren Chu YALE NANAIMO COUNTY Carolyn MacDonald Baljinder Girn Rachel LaGroix Chelsea Wilson, President Secretary-Treasurer Diane Gradley Michael Sinclair Graham Hardy Paul Varga NEW WESTMINSTER Cheryl D’Sa Lisa Jean Helps Kylie Walman Daniele Poulin, President Past President Judith Janzen NORTH FRASER VERNON Eric Mollema, President Christopher Hart, President NORTH SHORE VICTORIA Changes to the rosters of officers and executives of the Law Society Lesley Midzain, President Marlisa H. Martin, President and the various bar associations will be recorded in the issue following the month when they are reported by those bodies to the PENTICTON Advocate business office, subject to time limits imposed by the Ryu Okayama, President Advocate’s production schedule. 4 Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 5 THE ADVOCATE “Of interest to the lawyer and in the lawyer’s interest” VOL. 78 PART 1 JANUARY 2020 Published six times each year by the Vancouver Bar Association Entre Nous . 9 Established 1943 On the Front Cover: Craig A.B. Ferris, Q.C. ISSN 0044-6416 By Cliff Proudfoot, Q.C., David Allard, Marko Vesely GST Registration and Kinji Bourchier . 15 #R123041899 Annual Subscription Rate Principles About Principals (or Another Article About Articles) $36.75 per year By Rishi T. Gill and Nick B. Wright . 21 (includes GST) Out of Country Subscription Rate Costs in Domestic Arbitrations: Who Decides How to $42 per year Decide What is “Reasonable”? (includes GST) By Gerald W. Ghikas, Q.C. 29 Audited Financial Statements Available to Members Wrongful Convictions: A Hidden Cost of Inadequate Legal Aid Funding EDITOR: By Connor Bildfell . 39 D. Michael Bain The Wine Column . 53 ASSISTANT EDITOR: Ludmila B. Herbst, Q.C. News from CLEBC Society . 63 EDITORIAL BOARD: A View from the Centre . 65 Christopher Harvey, Q.C. LAP Notes . 69 David Roberts, Q.C. The Honourable Mary Saunders Announcing the 2020 Advocate Short Fiction Competition . 73 Peter J. Roberts, Q.C. Peter A. Allard School of Law Faculty News . 75 The Honourable William F.M. Jackson Anthony Sheppard UVic Law Faculty News . 81 CONTRIBUTING EDITORS: TRU Law Faculty News . 85 Samantha Chang Peter J. Roberts, Q.C. The Attorney General’s Page . 91 The Honourable Jon Sigurdson Court Notices and Directions . 95 BUSINESS MANAGER: Nos Disparus . 97 Lynda Roberts New Judges . 107 COVER ARTIST: David Goatley New Books and Media . 115 COPY EDITOR: Classified . 123 Connor Bildfell Letters to the Editor . 125 EDITORIAL OFFICE: #1918 – 1030 West Georgia Street Grumbles . 131 Vancouver, B.C. V6E 2Y3 From Our Back Pages . 133 Telephone: 604-696-6120 E-mail: Legal Anecdotes and Miscellanea . 141 <[email protected]> Bench and Bar . 147 BUSINESS & Contributors . 159 ADVERTISING OFFICE: 1124 – 15TH Street West North Vancouver, B.C. V7P 1M9 Telephone: 604-987-7177 ON THE FRONT COVER E-mail: <[email protected]> Craig A.B. Ferris, Q.C., told us that he felt like he was living in the 17th century having his portrait painted for our cover. Attempts to have our WEBSITE: new Law Society president painted on horseback leading a battalion into <www.the-advocate.ca> battle failed. However, you can read all about him starting on page 15. 5 Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 6 6 VOL. 78 PART 1 JANUARY 2020 THE ADVOCATE Medical Malpractice is all we do A FOUNDING MEMBER OF BILA Tel: 604.685.2361 Toll Free: 1.888.333.2361 Email: [email protected] www.pacificmedicallaw.ca We are a firm of consulting economists who specialize in providing litigation support services to legal professionals across western Canada. Our economic reports are supported by knowledgeable staff with extensive experience in providing expert testimony. PETA Consultants Ltd. We offer the following services in the area of loss assessment: Past and future loss of employment income Past and future loss of household services Past and future loss of financial support QUANTIFYING ECONOMIC (wrongful death) DAMAGES SINCE 1983 Class action valuations Future cost of care valuations DARREN BENNING Loss of estate claims (Duncan claims in PRESIDENT Alberta) [email protected] Income tax gross-ups Management fees T. 604.681.0776 F. 604.662.7183 Pension valuations Suite 301, 1130 West Pender Street Future income loss and future cost of Vancouver, B.C. Canada V6E 4A4 care multipliers 6 Jan Pages 1-160.qxp_Layout 1 2019-12-19 7:46 AM Page 7 THE ADVOCATE VOL.