Law Society of BC and union ratify collective agreement
The Law Society of BC and the Professional Employees Association (PEA) have ratified the terms of a new collective agreement for staff lawyers, paralegals, a legal editor and some officers. The three-year collective agreement is retroactive to January 1, 2025.
LawCast BC: Celebrating excellence in the Black legal profession
Every February, people across Canada participate in Black History Month events and initiatives that honour the legacy of Black people in Canada and their communities. In this month’s episode of LawCast BC, we invited Cecilia Barnes, president of the Canadian Association of Black Lawyers (CABL) BC Chapter, to speak about how she entered a career in law, her personal stories of growing up as a Black student and practising as a Black lawyer, the work of CABL and how it has made a difference in her life, as well as her advice for young lawyers entering the profession. Listen here, on Spotify, Apple Podcasts or wherever you get your podcasts.
Law Society welcomes new president, vice-presidents and Benchers
Oaths of office were taken by Benchers starting their terms at the meeting on February 7. Brook Greenberg, KC began his term as president with Thomas L. Spraggs as first vice-president and Michael F. Welsh, KC as second vice-president. Re-elected Bencher Katrina Harry, KC and newly elected Bencher Marcia McNeil also took their oaths of office, which were administered by the Honourable Chief Justice Leonard Marchand, followed by an Indigenous welcome from Chief Janice George. McNeil was elected in Victoria County in the January Bencher by-election. For the last 35 years, Marcia has practised exclusively in employment, labour, administrative and human rights law, representing both private and public sector employers. Marcia will serve on the Bullying, Harassment, and Discrimination Task Force and the Practice Standards Committee.
Katrina Harry, KC appointed to transitional board of Legal Professions BC
Bencher Katrina Harry, KC has been appointed by the Law Society to the transitional board responsible for facilitating the transition from the operation of the Legal Profession Act and the Notaries Act to the operation of the new Legal Professions Act. . Harry was elected in Vancouver County in November 2024 and was a Bencher for Vancouver County from 2022 to 2023, during which time she chaired the Truth and Reconciliation Advisory Committee.
Changes to Member Portal login: Multi-factor authentication coming soon
The Law Society will be adding additional security features to the Member Portal login process to further protect your account and sensitive information. The enhanced measures include multi-factor authentication and security questions. Multi-factor authentication will be implemented on March 19. It is important that your email address with the Law Society is up-to-date and accessible as a verification code will be sent to your registered email address when you log in to the Member Portal on or after the implementation date. To update your email address, log into your Member Portal and click “Email Settings” under “My Profile.” You can now also set up security questions that can be used to verify your identity and access your account if you forget your password, or are not able to access the multi-factor authentication verification code (e.g., you did not update your email address in time). This feature will act as a self-serve option to gain access to your account should you need to use it.
Courthouse Libraries BC seeks feedback from legal professionals
Part of Courthouse Libraries BC’s (CLBC) mandate is to provide information services to legal professionals, including subscription databases, Supreme Court rules and forms, CanLII legislation and documents, and more. CLBC is seeking feedback to help them better serve the legal community. Please take five minutes to answer this brief survey and share information on your legal research needs. All feedback is welcome, regardless of the extent to which you use CLBC’s services.
BC Assessment notice to purchasers of private forest land
Lawyers acting for purchasers of private managed forest land should ensure their clients are aware that land may be assessed at a higher value to account for the economic benefit of timber previously harvested on that land, and exit fees, as administered by the Managed Forest Council, may be charged if the property is removed from managed forest land class.
Lawyers are encouraged to read our resource on how to protect your firm from employee theft and take steps to keep themselves safe from the possible financial loss, stress, regulatory consequences and negative publicity that can result from such theft. Sometimes it can be the person you least suspect, such as another lawyer or long-term employee who is familiar with your accounts, systems and signature, who ends up stealing.
Anti-money laundering: Settlement agreements
In the course of being retained or while already acting on a matter, you may learn that some of your client’s assets were obtained, or may have been obtained, through the proceeds of crime. For example, you may learn that your client (with their spouse, the opposing party) purchased property or made improvements to property using funds from illicit transactions. Now the client wants you to negotiate an agreement for the division of property with their spouse. What do you do? Be aware that you must not negotiate the settlement of the proceeds of crime between your client and another person and you must not accept any proceeds of crime into your trust account. Refer to this resource for other information.
Effective immediately, the LSBC Tribunal’s Practice Direction 9.6 is rescinded and replaced with new Practice Direction 9.6. The new Practice Direction does not apply to expert reports already delivered. Parties with currently scheduled hearings who are unable to comply with the timelines imposed by the new Practice Direction may apply to a motions adjudicator for relief. The updated Practice Direction can be found on the LSBC Tribunal website.
The previous BC Standard Form Contract of Purchase and Sale did not specify which party would pay GST and whether it was included in, or additional to, the Purchase Price. However, as of November 2024, the Contract has been updated to provide that: (i) the seller will pay GST if it applies, and (ii) GST is inclusive of the Purchase Price.
Review the updated Contract to become familiar with the new terms. Of course, the parties are free to negotiate different terms (e.g., GST will instead be paid by the buyer), which would then need to be set out in the Contract. Take three minutes to watch this video of Claims Counsel Marlon Song describing common GST traps and tips.
BC home flipping tax
The Residential Property (Short-Term Holding) Profit Tax Act is effective January 1, 2025. Unless an exemption applies, the BC home flipping tax applies to profit earned from selling property in BC (including presale contracts) if the property was owned for less than 730 days. Property purchased before the tax’s effective date may still be subject to the tax if sold on or after January 1, 2025 and owned for less than 730 days.
The federal government has proposed amendments to the Immigration Refugee Protection Regulations. The amendments allow Immigration, Refugees and Citizens Canada to issue monetary penalties against a representative (including a lawyer) in certain circumstances. We also draw to your attention that there is no coverage under your indemnity policy for penalties.
The Law Society and other organizations have written to the Minister of Immigration and other government officials opposing the extension of the regulations to lawyers who are already regulated by law societies, and particularly raising concerns about the effect on solicitor-client privilege and the preservation of an independent legal profession. The Law Society has proposed solutions to the government in its submissions.
Record high claims continue in 2024 for family law lawyers
Lawyers reported a record-breaking number of family claims in 2024, with an increased number challenging separation and family agreements alleging failures to obtain proper asset disclosure. Many clients have unrealistic expectations regarding the process, timing, cost and outcomes, making it difficult to satisfy them when dealing with the complex issues that can arise with respect to these agreements.
