No.

In my BF, yesterday was supposed to be the day to beginning updating the BC Civil Litigation Guide about the new changes to SCBC rules of court that should come into effect on July 1, 2017. (My academic work makes it easier when I recruit for firms.)

This year, I have nothing to update except for reviewing ANs and PDs. True, there is no rule that says rule changes need to come into effect on July 1 each year.

And it has been like that for a long time.

That there won't be any this year should not come as a surprise. We can point to the results of our recent provincial election; though if the government wanted to, they could have easily legislated the changes before the election, just like in 2013.After asking around at the Ministry of Justice, I concluded that there are other significant issues that have led to no rule changes at this time.

I pressed my source for a probable date, the short reply: can't say when.

You remember the excitement last March 31 2016 when the SCBC Rules Committee, comprised of judges and senior counsel, resigned en masse to protest our government’s decision to repeal a change to costs for fast track actions and changes to the civil tariff, Appendix B, party and party costs scheduled to come into effect July 1, 2016?
On December 19, 2016, our AG announced that they have formed a B.C. Supreme Court Rules Committee to provide advice and make recommendations on changes to court rules that are fair, sustainable and have the public’s confidence.

This led me to write: SCBC Rules Committee: Who's In Charge? (read it here). SCBC CJ Hinkson in responding to my question went further to say: "For now, I am the liaison between our Committee and hers, so if you have suggestions they can be directed to my attention."

Now what? It is possible that the SCBC will rely on issuing AN, PDs and NTPs. It appears to be the case when I compare 2016 to year to date of 2017.

While it has not issued any ANs in 2016, it has issued #13 and 14 (see below) this year; it issued 2 PDs last year and #52 to 54 this year; and it issued one NTP in 2016 and none this year.

I reached  CJ Hinkson yesterday, his answer: "As yet, there is nothing that I can report."

Administrative Notice 14: a reflection of slippage in practice standards?

It appears that the standards for court filings coming from firms may be slipping. This is my read on the latest Administrative Notice from Chief Justice Hinkson as he observed that "often these have no external cover page which identifies who filed it and to what court proceeding it relates. On many occasions, no contact information for counsel or the parties is provided. This is troublesome and time consuming for the registry."

AN 14 became effective on June 12, 2017.Rare it is to see an administrative notice used as a reminder from his court.

So please take heed on the stipulated requirements for an external cover page which will aid the SCBC in the more efficient management of these documents, which in turn, aid you.

Click here for your copy of the notice.

I can't go to the beach just yet, the rule changes in the PCBC need attending to.

To learn more about AN, PDs and NTPs; the intricacies of chamber applications; and trial preparation rules; please refer to your copy the BC Civil Litigation Guide. Here is how to order a copy of BC Civil Litigation Guide.

As well, if you are interested in training in the fundamentals of civil litigation, write me.

I remember opening my first bank account a long time ago, I appreciated that the heavy doric columns that greeted me were symbols of tradition. The big balustrades symbolized stability. Banks are not what they were a long time ago. I wrote about the ongoing frustration with bank induced errors, in one instance I recommended to the administrator to fire their bank. (She hasn't.)

Earlier today, I drove to the parking lot of Lansdowne Mall to look for a 20 foot container re-purposed as a branch of Tangerine Bank (owned by Scotiabank). I spoke to the representative and was relieved to know that they had sound client identification and verification procedures in place. You can open an account online but you still need to come in with your ID and your SIN.
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The rest is done electronically or you can go to the ATM machines of any Scotiabank (but you cannot transact with a teller).

Better interest rates notwithstanding, how many of you would open trust accounts with Tangerine Bank?
In our classes like  Law Office Accounting and Trust Accounting, we talk about the difference between a bank and a credit union. These two groups are used by law firms the most. Here is a list of banks who are licensed to operate in Canada. Here is a list of credit unions who are licensed to operate in BC.
Do you prefer doing business with a bank or credit union? Is the insurance coverage enough to offset the lack of credit union branches?

The expansive definition of financial institution is:

• (a) an authorized foreign bank within the meaning of section 2 [Definitions] of the Bank Act (Canada) in respect of its business in
• Canada or a bank to which the Bank Act applies,
• (b) a co-operative credit society, savings and credit union or caisse populaire that is regulated by a provincial Act,
• (c) an association that is regulated by the Cooperative Credit Associations Act (Canada),
• (d) a company to which the Trust and Loan Companies Act (Canada) applies,
• (e) a trust company or loan company regulated by a provincial Act,
• (f) a department or agent of Her Majesty in right of Canada or of a province where the department or agent accepts deposit liabilities in
• the course of providing financial services to the public, or
• (g) an organization controlled by a financial institution.

As you can see, there are other financial institutions. Odlum Brown for example, are used by lawyers acting as a fiduciary and are managing funds held in such an accounts. Let me leave you with this thought, given your firm's needs, what makes for a good financial institution.

​To firms looking for competent trust account staff, write or call me at 6046852727.