The Law Society of Newfoundland and Labrador

Print Three

2015 - 2016 Annual Report

The Law Society of Newfoundland and LabradorAnnual Report 2015-2016

ISBN 978-1-77220-016-4

Law Society Seal:Gerald Squires, RCA, LL D

Published by the Law Society of Newfoundland and LabradorThis Report covers the periodJune 2015 - June 2016

CONTENTS

Benchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Law Society Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Law Society Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

President’s Annual Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Vice-President’s Annual Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Education Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Bar Admission Course Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Continuing Legal Education Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Insurance Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Library Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Honours and Awards Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

SS Daisy Legal History Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Access to Justice Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Accounts and Finance Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Real Estate Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Auditor’s Report and Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

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BENCHERS

Officers

Eastern District:

Donald E. Anthony R. Paul BurgessAmy M. CrosbieRobin L.M. FowlerAnn F. Martin Donovan F. Molloy, QC

Liam P. O’BrienLeanne M. O’LearyIan S. PateyIan C. Wallace

Central District:

Rebecca A. Redmond MacLeanRenee L.F. Appleby

Western District:

Trevor A. StaggJames E. Merrigan, QC

Labrador District:

Adrienne S. Edmunds

Lewis B. Andrews, QC

Kenneth L. Baggs, QC

Jeffrey P. Benson, QC

Augustine F. Bruce, QC

Morgan C. CooperV. Randell J Earle, QC

J. David B. Eaton, QC

Francis P. Fowler, QC

J. Vernon French, QC

Brian F. Furey, QC

Sheila H. Greene, QC

The Hon. Mr. Justice W. GoodridgeThe Hon. Chief Justice J. D. GreenThe Hon. Gloria HardingEdward M. Hearn, QC

Thomas R. Kendell, QC

R. Barry Learmonth, QC

Dana K. Lenehan, QC

Augustus G. Lilly, QC

Dennis C. MacKay, QC

G. David Martin, QC

Paul M. McDonaldThe Hon. Mr. Justice George L. Murphy Irene S. Muzychka, QC

Stephanie L. Newell, QC

Glen L.C. NoelM. Francis O’Dea, QC

Thomas J. O’Reilly, QC

Ernest G. Reid, QC

John F. Roil, QC

The Hon. Mr. Justice D. RussellRobert M. Sinclair, QC

The Hon. Mr. Justice R. WellsMarina C. Whitten, QC

Appointed Benchers

Donovan Downer Glenda ReidLinda Harnett Bert Riggs

Honorary Benchers

President: Susan M. LeDrewVice-President: Barry G. Fleming, QC

Elective Benchers

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1846 Hon. Wm. B. Rowe, QC 1846 E. M. Archibald1849 Bryan Robinson, QC 1847 H. W. Hoyles1852 E. M. Archibald 1849 F. B. T. Carter1855 F. B. T. Carter 1855 George Hogsett1866 Wm. V. Whiteway 1856 Henry A. Clift1869 Robert J. Pinsent, QC 1869 M. W. Walbank1870 Wm. V. Whiteway 1866 Robert J. Pinsent1879 Robert J. Pinsent, QC 1869 M. W. Walbank1881 J. I. Little, QC 1877 T. I. Keough, QC

1885 Robert J. Kent, QC 1879 Prescott Emerson, QC

1893 Sir Wm. V. Whiteway, KCMG, QC 1885 Prescott Emerson, QC

1908 Sir James S. Winter 1889 A. J. W. McNeily, QC

1911 Daniel J. Greene, KC 1895 D. M. Browning1912 Donald Morrison, KC 1914 C. O’N. Conroy1919 J. A. Clift, KC 1916 C. H. Emerson, KC

1923 P. J. Summers, KC 1919 Rt. Hon. Sir Wm. Lloyd1927 W. R. Howley, KC 1937 J. G. Higgins, QC

1941 C. O’N. Conroy, KC 1947 J. A. Barron, QC

1947 John G. Higgins, QC 1958 G. M. Stirling, CM, QC

1958 R. S. Furlong, QC 1959 T. Alex Hickman, QC

1959 G. M. Stirling, CM, QC 1967 D. A. Mercer, QC

1971 R. W. Bartlett, QC 1974 Noel Goodridge, QC

1974 Donald A. Mercer, QC 1976 Francis P. Fowler, QC

1977 Robert Wells, QC 1981 Ernest G. Reid, QC

1981 Francis P. Fowler, QC 1982 Thomas J. O’Reilly, QC

1982 Ernest G. Reid, QC 1983 M. Francis O’Dea, QC

1983 Thomas J. O’Reilly, QC 1984 Peter W. Strong, QC

1984 M. Francis O’Dea, QC 1985 David L. Russell, QC

1985 Peter W. Strong, QC 1986 G. David Martin, QC

1986 David L. Russell, QC 1986 J. Vernon French, QC

1986 G. David Martin, QC 1987 Lewis B. Andrews, QC

1987 J. Vernon French, QC 1988 John F. Roil, QC

1988 Lewis B. Andrews, QC 1989 J. Derek Green, QC

1989 John F. Roil, QC 1990 R. Barry Learmonth, QC

1990 J. Derek Green, QC 1991 Thomas R. Kendell, QC

1991 R. Barry Learmonth, QC 1992 Augustus G. Lilly, QC

1992 Thomas R. Kendell, QC 1993 V. Randell J. Earle, QC

1993 Augustus G. Lilly, QC 1994 Reginald H. Brown, QC

1994 V. Randell J. Earle, QC 1995 Dana K. Lenehan, QC

1995 Reginald H. Brown, QC 1996 Gloria Harding1996 Dana K. Lenehan, QC 1997 J. David B. Eaton, QC

1997 Gloria Harding 1998 Dennis C. MacKay, QC

1998 J. David B. Eaton, QC 1999 Robert M. Sinclair, QC

1999 Dennis C. MacKay, QC 2000 Jeffrey P. Benson, QC

2000 Robert M. Sinclair, QC 2001 William H. Goodridge, QC

2001 Jeffrey P. Benson, QC 2002 Stephanie L. Newell, QC

Officers of the Law Society of Newfoundland (and Labrador)— 1834-1845 Records of the Society were destroyed in the Great Fire of June 9, 1846 —

Treasurers / Presidents Secretaries / Vice-Presidents

LAW SOCIETY STAFF

Executive Director: Brenda B. Grimes, QC

Director of Legal Education: Francis P. O'Brien

Legal Director: Phyllis E. Weir

Library Director: Gail A. Hogan

Accountant: Richard T. Yabsley

Administrators: Pamela A. Marks Professional Responsibility

Janice K. Ringrose Insurance

Administrative Assistants: Anne P. Cross Professional Responsibility

Lisa E. Kennedy Custodianship

Erin C. Rowe Executive

S. Renee Whalen Law Society / Reception

Regina M. Whitty Education

Library Technician: Rosemary A. Myers

Maintenance: Donald T. Norman

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Treasurers / Presidents Secretaries / Vice-Presidents

2002 William H. Goodridge, QC 2003 Brian F. Furey, QC

2003 Stephanie L. Newell, QC 2004 Edward M. Hearn, QC

2004 Brian F. Furey, QC 2005 Paul M. McDonald2005 Edward M. Hearn, QC 2006 Marina C. Whitten, QC

2006 Paul M. McDonald 2007 Sheila H. Greene, QC

2007 Marina C. Whitten, QC 2008 Irene S. Muzychka, QC

2008 Sheila H. Greene, QC 2009 Glen L.C. Noel2009 Irene S. Muzychka, QC 2010 Augustine F. Bruce, QC

2010 Glen L.C. Noel 2011 Morgan C. Cooper2011 Augustine F. Bruce, QC 2012 George L. Murphy, QC

2012 Morgan C. Cooper 2013 Kenneth L. Baggs, QC

2013 George L. Murphy, QC 2014 Susan M. LeDrew2014 Kenneth L. Baggs, QC 2015 Barry G. Fleming, QC

2015 Susan M. LeDrew

1950 - 661951 - 641952 - 661953 - 691954 - 721955 - 751956 - 731957 - 761958 - 761959 - 771960 - 811961 - 831962 - 861963 - 861964 - 861965 - 861966 - 86

1967 - 891968 - 1061969 - 1101970 - 1241971 - 1291972 - 1291973 - 1451974 - 1531975 - 1791976 - 1891977 - 2031978 - 2371979 - 2611980 - 2811981 - 3161982 - 3331983 - 351

1984 - 3711985 - 3781986 - 3941987 - 4081988 - 4351989 - 4451990 - 4771991 - 5141992 - 5601993 - 5881994 - 6171995 - 6351996 - 6691997 - 6831998 - 7061999 - 7282000 - 750

2001 - 7672002 - 7722003 - 7982004 - 8082005 - 8322006 - 8582007 - 8702008 - 9042009 - 9232010 - 9312011 - 9482012 - 9312013 - 9372014 - 9832015 - 9972016 - 1018

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MEMBERSHIP

Membership Statistics as of June, 2016:

Practising (Insured): 554Practising (Uninsured): 202Non-Practising: 228Life: 34

TOTAL 1018

The total membership figures for the years since Confederation with Canada are as follows:

Eleven lawyers were called to the Bar of Newfoundland and Labrador on June 19, 2015

Roll#1682 Clare Brackley1683 Paul J. Thistle1684 Alexander C. Barroca1685 Lesley Y. Pike

Roll#1686 Jillian A. Hewitt1687 Michael D. Peddle1688 Timothy A. Morris1689 Stephen A. Anstey

Roll#1690 Michael P. O’Rielly1691 Joshua J. Santimaw1692 Meghan E.F. Gardner

Twelve lawyers were called to Bar of Newfoundland and Labrador on October 9, 2015

Roll #1693 Giselle Jones1694 Amanda M. Whitehead1695 Jonathan G. Mahoney1696 Shelley J. Handrigan1697 Gobhina Nagarajah

Roll #1698 John A. Olthuis1699 Maria N. Sokolova1700 Rochelle O. Palmer1701 (see: 19 Feb. 2016 call)1702 Caitlin M.G. Urquhart

Roll #1703 Joshua J.G. Handrigan1704 Mark C. Power1705 Ania V. Kolodziej

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The Benchers note with regret the death of the following members and former membersduring the period from June 2015 to June 2016:

The Honourable Mr. Justice Thomas Alexander Hickmancalled as a Solicitor on April 7, 1948; called as a Barrister on April 9, 1948, Roll #212

The Honourable Mr. Justice James Randell Gushuecalled as a Solicitor on January 28, 1960; called as a Barrister on January 29, 1960, Roll #248

The Honourable Mr. Justice Keith James Harold Mercercalled April 15, 1971, Roll #314

John Geoffrey Kellycalled April 15, 1971, Roll #316

Oliver Corwin Mills, QC

called April 10, 1972, Roll #328

Edward Michael Hearn, QC

called February 7, 1974, Roll #356

James Leslie Thistle, QC

called April 10, 1979, Roll #470

Gerald Ronald Fleming,called June 27, 2000, Roll #1140

Fourteen lawyers were called to the Bar of Newfoundland and Labrador on February 19, 2016Roll #1701 D. Lynne Butler1706 Brittany L. Keating1707 Graham H.J.B. Campbell1708 Alison M. Doyle1709 Lee A. English

Roll #1710 Lara M.J. Fraize-Burry1711 Nicholas A. Leamon1712 Jasmine C. Compton1713 G. John Samms1714 Madeleine A. White

Roll #1715 Conor J. Mullin1716 Raphaelle Ferland1717 Christopher E. McCarthy1718 Trisha L. McCarthy

Nine lawyers were called to the Bar of Newfoundland and Labrador on April 15, 2016

Roll #1719 Janna L. Whelan1720 Gwenyth S. Stadig1721 Catherine D. Quinlan

Roll #1722 Kirsten K. A. Calon1723 Mark K. Aylward1724 Timothy J. Young

Roll #1725 Stephen E. Barnes1726 Elizabeth A. Utting1727 Maxine Vincelette

Lawyers were first regulated in Newfoundland under a Royal Charter of 1826; the Law Society wasincorporated on July 1, 1834.

The Barristers and Solicitors Roll, as of April 15, 2016, records that 1726 members have been called to theBar since 1826.

�

Disciplinary PanelGlen L.C. Noel, Chair

LAW SOCIETY COMMITTEES

STATUTORY COMMITTEES

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Law Society Members:

John M. Babb, QC

Glen S. BelbinGlenda C. Best, QC

Katrina A. Brannan, QC

Philip J. BuckinghamTrudy L. ButtonSandra R. Chaytor, QC

S. Bruce ChislettDennis N. ClarkeDavid G. ConwayPaul L. CoxworthyMichael J. Crosbie, QC

Jean V. Dawe, QC

Joan M.B. DawsonPaul D. Dicks, QC

Robert J. DillonTamara L. DroverGladys H. DunneMarcus A. Evans, QC

Anne M. Fagan, QC

Peter G. FitzgeraldGregory A. FrenchDonald J. Gallant, QC

Bruce C. Grant, QC

Mark J. GriffinRobert J. HickeyKeith J. HumphriesDeborah L.J. HutchingsDavid W. Jones, QC

Christina R. KennedyDavid A. King, QC

Barry C. LakeEdward LangdonRaelene L. LeeChantelle MacDonald NewhookKimberly J. MackayMary J. Mandville, QC

John W. McGrath, QC

Olga R. McWilliam BensonLeeAnn L. MontgomeryLynn M. MooreGregory A.C. MooresIrene S. Muzychka, QC

Todd S. NewhookJames C. Oakley, QC

Mary C. O'BrienJohn V.B. O'Dea, QC

Tracy PasleyStephen F. PenneyElaine M. ReidRichard S. RogersLinda M. Rose, QC

Peter D. SheaDaniel W. Simmons, QC

Neil R. SmithG. Todd Stanley, QC

Lisa M. Stead

Darren C. StrattonEllen E.M. Turpin, QC

James E. Vavasour, QC

Andrew J. WaddenPhilip G. WarrenThomas E. Williams, QC

Rodney J. Zdebiak

Appointed Representatives:

Bernard BolgerAngela BowesFrederick DroverRaymond RoseDr. Marina Sexton

R. Paul Burgess, ChairJ. David B. Eaton, QC, Vice-ChairLinda Harnett, Appointed Bencher

Phyllis E. Weir, ex officio

Alternate Members

Complaints Authorization Committee

Donald E. AnthonyAmy M. CrosbieRobin L.M. FowlerSheila H. Greene, QCDonovan F. Molloy, QC

Ian C. WallaceMarina C. Whitten, QCGlenda Reid, Appointed BencherBert Riggs, Appointed Bencher

Executive CommitteeSusan M. LeDrew, President

Barry G. Fleming, QC, Vice-PresidentKenneth L. Baggs, QC, Past President

R. Paul BurgessDonald E. Anthony

Brenda B. Grimes, QC, ex officio

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Glenda ReidIan S. Patey

Brenda B. Grimes, QC, ex officioRichard T. Yabsley, ex officio

Library CommitteeLiam P. O'Brien, Chair

Maeve A. BairdBenjamin J. BlackmoreDaniel M. Boone, QC (by invitation)Andrew A. FitzgeraldPadraig J. Mohan

Rebecca C. PhillippsAngela M. WhiteheadBert Riggs, Appointed BencherGail A. Hogan, ex officio

Education CommitteeIan C. Wallace, Chair

David G. L. Buffett, QCJ. David B. Eaton, QCRobin L.M. FowlerLeanne M. O’Leary

D. Bradford Wicks, QCBarry G. Fleming, ex officioFrancis P. O'Brien, ex officio

Bar Admission Committee J. David B. Eaton, QC, Chair

Aubrey L. Bonnell, QCSandra M. Burke, QCV. Randell J. Earle, QC

Gregory M. SmithFrancis P. O'Brien, ex officio

Marcus A. Evans, QCRebecca A. Redmond MacLeanChristopher R. Quigley

Ian C. WallaceBert Riggs, Appointed Bencher

Insurance CommitteeAnn F. Martin, Chair

Donald E. AnthonyGary L. Baird, AdjusterThomas J. Johnson, QCGraham A. Wells, QC

Marina C. Whitten, QCJanice K. Ringrose, ex officio Brenda B. Grimes, QC, ex officio

Honours and Awards CommitteeAmy M. Crosbie, Chair

STANDING COMMITTEES

Accounts and Finance CommitteeBarry G. Fleming, QC, Chair

Claims Review Committee (CLIA Requirement)Thomas J. Johnson, QC, Counsel

Lewis B. Andrews, QCGary L. Baird

Janice K. Ringrose, ex officio

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AD HOC COMMITTEES

LLP CommitteeDennis N. Clarke, Chair

Real Estate CommitteeDonald E. Anthony, Chair

Renee L.F. ApplebyBarry C. LakeTrevor A. Stagg

G. Todd Stanley, QCGraham A. Wells, QC

Access to Justice CommitteeIan Wallace, Chair

Donovan DownerAdrienne S. EdmundsDonovan F. Molloy, QC

Glenda ReidFrancis P. O’Brien, ex officioBrenda B. Grimes, QC, ex officio

SS Daisy Legal History CommitteeChristopher P. Curran, QC, Co-chair

The Honourable Judge John L. Joy, Co-chair

Melvin Baker, Ph.D.Jerry BannisterThe Hon. Judge Gerald J BarnableThomas J. Burke, QCChristopher EnglishThe Hon. J. Derek Green,Chief Justice of Newfoundland and Labrador

Frances Knickle, QCRobert P. Pittman, QCThe Honourable Judge Milton R. ReidAngela M. WhiteheadJames E. Merrigan, QC, Bencher LiaisonFrancis P. O’Brien, ex officio

John V. B. FrenchStephanie S. Hickman

Neil L. Jacobs

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PRESIDENT'S ANNUAL REPORT

Susan M. LeDrew

It is my privilege to present my annual report for2015-2016 summarizing some of the significantevents, accomplishments and activities of theLaw Society during my term.

Call to Bar for New LawyersOne of the more pleasant tasks a President of theLaw Society carries out is participating in thevarious ceremonies and celebrations of the LawSociety, including the Call to Bar ceremonies.Four (4) of these took place from June 2015 toJune 2016. The result of these was the admissionof 46 new lawyers to our Bar. As is customary, theLaw Society hosted receptions following theseCall to Bar ceremonies at the Law Society offices.

While the practice of law is exciting and reward-ing, it also brings with it much responsibility. Itis important that all members of the Law Societycontinue to provide guidance and support tothese new colleagues as they move forward ontheir chosen career path.

New Judges Another notable ceremonial occasion is when amember of the Law Society makes the transitionfrom the Bar to the Bench upon being appointedas a judge. Although this appointment marks theend of that person’s membership in the LawSociety, it is still an occasion to be recognizedand celebrated by the members of the LawSociety as it highlights the esteem in which thisformer member is held. I was honoured toattend and give remarks at the Swearing-In cer-emonies of Justice Cillian D. Sheahan, who wasappointed to the Trial Division of the SupremeCourt of Newfoundland and Labrador (FamilyDivision, St. John's), in Corner Brook and JudgePaul G. Noble, who was appointed to theProvincial Court of Newfoundland andLabrador (Clarenville) in St. John’s.

The Law Society, in partnership with the Courts,hosted receptions for the appointments of thenew judges.

New Queen’s CounselIt was also a pleasure to attend the Swearing-Inof Queen’s Counsel on 11 February 2016.Members appointed were: Linda S. Bishop,Brenda P. Boyd, W. John Clarke, Genevieve M.Dawson, David P. Goodland, Gregory F. Kirby,Jamie P. Martin, Gary F. Peddle, and G. ToddStanley.

This is a well-deserved honour and recognitionfor the members appointed and I was happy toattend on Benchers’ behalf and to congratulateour new Queen’s Counsel at the reception host-ed by the Law Society following the ceremony.

Former Judges and MembersOn occasion, a President is asked to speak at aceremony organized to pay tribute to a memberor former member who is no longer with us. Thisyear I was privileged to be asked to participatein the ceremonies held to commemorate the livesof the late Justice James Randell Gushue, JusticeKeith James Harold Mercer and Justice ThomasAlexander Hickman. While sadness is inevitablya part of such occasions, they are an importantopportunity for those attending to learn of andcelebrate the accomplishments of those nolonger with us.

Benchers, Law Society staff and members werealso saddened to learn of the untimely passing ofmembers: Gerald Ronald Fleming; EdwardMichael Hearn, QC; John Geoffrey Kelly; OliverCorwin Mills, QC and James Leslie Thistle, QC,who will all be greatly missed by family, friendsand colleagues.

The Work of the Law Society:Benchers, the Executive Committee and LawSociety Professional StaffAs the governing body of the Law Society, theBenchers have the authority to regulate the prac-tice of law and the legal profession in the publicinterest. The Benchers are 17 elected members ofthe Law Society and four lay members appoint-

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ed by a Committee chaired by the Chief Justiceof the Trial Division of the Supreme Court ofNewfoundland and Labrador.

Members of our bar are often unaware of thework that is done behind the scenes by Benchers.Being a Bencher requires dedication, engagementand, sometimes, a significant commitment of timebut it is also a very rewarding experience. In thecourse of regulating in the public interest,Benchers deal with many interesting issues andmake decisions which can have a fundamentalimpact on individual members, the professionand the public. Members are encouraged to takethe time to get involved in the Law Society,whether by running for election as a Bencher orby volunteering for one of the Committees.

Benchers, in conjunction with the ExecutiveCommittee, the Complaints AuthorizationCommittee, the Insurance Committee and theEducation Committee (to name a few) haveimportant roles to play in policy developmentand legislative change, all with the objective ofprotecting the public interest. In order to success-fully carry out these roles, significant reliancemust be placed on the information, guidance andadvice provided by the Law Society’s senior pro-fessional staff under the leadership of theExecutive Director, Brenda B. Grimes, QC.

The Law Society’s professional and administra-tive staff are diligent in advising, informing andsupporting Benchers and the ExecutiveCommittee in furtherance of our protection ofthe public interest mandate. Benchers look for-ward to continuing to work in collaboration withthem in the continued discharge of our responsi-bilities as a Law Society, and the successful regu-lation of the practice of law and the legal profes-sion in the public interest.

Notable Positive Initiatives/Results Achievedthis YearBenchers and Law Society staff work hard toensure that the Law Society is operating effec-tively and efficiently. Members can be confidentthat our Law Society is well placed to carry outits public protection mandate. Some examples ofpositive initiatives/results include:

1. Maintaining a strong financial position - asthe financial statements show, the LawSociety (and all of its programs) is in a verystrong financial position, in keeping withactuarial recommendations. Operatingresults within the Lawyers’ InsuranceProgramme have varied over the last fewyears with 2015 showing expenses exceedingrevenues primarily due to fluctuating claimsexperience and investment portfolio returns.Despite this, the Law Society was able tomaintain its member fee structureunchanged through 2016 for the fifth consec-utive year while continuing its statutorymandate of public protection;

2. Engaging in Strategic Planning - on 22 and23 November 2015, Benchers and senior LawSociety staff participated in strategic plan-ning sessions to discuss future plans for theSociety. A number of long term initiativesare being considered, including complaintsresolution without formal discipline, ran-dom practice audits and practice manage-ment training;

3. Implementation of Mandatory ContinuingLegal Education (CLE) in Newfoundlandand Labrador in January 2016;

4. Approval of a number of Loss PreventionInitiatives developed by the InsuranceCommittee as part of the Law Society’songoing risk management which will beintroduced to members in the comingmonths;

5. Changes to the Transaction Levy - in accor-dance with actuarial recommendations and, inorder to ensure that a greater proportion of thecost associated with certain risks are borne bythose practising in more high-risk areas, theTransaction Levy payable on real estate trans-actions was reduced to $30.00, effective 1January 2016 and the Transaction Levypayable on civil litigation transactions wasincreased to $75.00, effective 1 January 2016;

6. Developing and approving Terms ofReference for all Law Society Committees.These can be viewed on the website;

7. Supporting PLIAN – a $30,000.00 contribu-tion was made to the Public LegalInformation Association of Newfoundlandand Labrador (PLIAN) in recognition of theimportant public service it provides. Futurecontributions are also being considered;

8. Seeking out opportunities for collaboration -from 20-21 September 2015 we hosted theExecutives of the law societies of the Atlanticprovinces to discuss areas of mutual interestand opportunities for collaboration;

9. Ongoing monitoring of our infrastructurerequirements to ensure that the integrity andsafety of Law Society information is protect-ed and that we can effectively receive anddeliver information;

10. Adoption of mechanisms to allow greaterenvironmental responsibility with the cre-ation of a Benchers’ portal providing secureaccess to necessary meeting materials. Weare currently researching other ways toenhance our technological capabilitiesincluding the creation of a members’ portalwhere our members can, for example, com-plete forms online;

11. Ongoing oversight of management - Benchersreceive necessary information on key opera-tions and programs on a regular basis.

Committee WorkThe work of Law Society staff and Benchers isoften augmented by the work done by its vari-ous committees, many of whom have includedsummaries of their activities elsewhere in thisAnnual Report. The committees assist in a widerange of areas including education, finance andaccounts, the library, discipline and professionalconduct, admissions and insurance. The work isalways challenging and often time consumingbut it is invaluable to the success and effectiveoperation of the Law Society. The dedication ofthese committee members must be recognized.

Federation of Law Societies of CanadaCanada’s fourteen provincial and territorial lawsocieties govern over 100,000 lawyers and 3,500Québec notaries in the public interest. The

Federation of Law Societies of Canada is theirnational coordinating body.

As a member of the Federation of Law Societiesof Canada, the Law Society has access to abroader range of resources to assist it in carryingout its mandate. Matters of national importancewhich are discussed at the Federation level quiteoften lead to the creation of and implementationof common policies in each jurisdiction. Thiscommonality helps in the adoption of uniformbest practices and provides for a larger pool ofprecedent on which to draw when interpretingmatters locally. It also ensures that mobilitybetween provinces is more seamless. All of thisis of benefit to the profession and protects thepublic interest.

This past year the Federation has undertaken agovernance review in order to ensure that it isequipped to meet the needs of all jurisdictions inCanada and the public we serve.

We derive much value from the Federation inmany ways. Notable among these is the collab-oration among staff from each Law Society(which is invaluable in terms of identification ofissues and sharing of best practices) and theFederation’s intervention in a number ofSupreme Court of Canada cases the results ofwhich had (or could have had) a significantimpact on our members.

The President and Vice-President, along with Ms.Grimes, QC and Ms. Greene, QC, attended theFederation’s Annual Conference in Manitoba inOctober, 2015 where the focus was on starting anational discussion on the Calls to Action issuedby the Truth and Reconciliation Commission andthe important role to be played by lawyers andregulators of the legal profession in attaining rec-onciliation with indigenous peoples.

The President and Vice-President along with Ms.Grimes, QC and Ms. Greene, QC also attendedFederation Meetings in Alberta in March, 2016where the Governance Review Committee sub-mitted the fifth (and final) Report of theGovernance Review Committee. Recommenda-tions following from that report will be imple-mented as soon as possible.

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Law FoundationWe are fortunate and grateful once again to havethe financial support of the Law Foundation ofNewfoundland and Labrador for law librariesand the SS Daisy Legal History Committee. Forthe calendar and fiscal year ending 31 December2015, the Foundation granted $45,000.00 to lawlibraries in the province. This funding is allocat-ed among the Law Society library in St. John’s,and the libraries in Corner Brook and Ganderwhich are managed by the Department of Justiceand Public Safety. The Foundation also contin-ues to support the work of the SS Daisy LegalHistory Committee and approved grants to theLaw Society in the amounts of: up to $5,000.00for the publication costs of papers from theDiscourse and Discovery: Sir RichardWhitbourne Quadricentennial Symposium for2015; up to $5,000.00 for the publication costs of“The Establishment of the District Courts in St.John’s and Harbour Grace in 1869 and 1871” and“Judge D.W. Prowse’s Manual for Magistrates inNewfoundland” for 2016 and, up to $5,000.00 forthe publication costs of “A Ferryland Merchant-Magistrate: The Journal and Cases of RobertCarter, Esq. J.P., Vol. 3” for 2017.

The Governors of the Law Foundation areDaniel Boone, QC, Chair, F. Geoffrey Aylward,QC, Shawn Colbourne, QC, D. GordonWoodland, QC and Sheri Wicks. Mr. LawrenceCollins is the Foundation’s Executive Director.On behalf of Benchers and the Law Society, Iwould like to extend sincere thanks to the LawFoundation and its Board of Governors for itscontinued support, which is crucial to maintain-ing and upgrading the library resources soessential to the profession and the public.

Our VolunteersThe dedication of numerous members and non-members who contribute, on a volunteer basis,to the important work of the Law Society doesnot go unnoticed. Whether they are contributingat the Benchers’ level, on one of the LawSociety’s committees or in other ways, our vol-unteers strengthen our professional community,

thus enhancing and advancing the integrity,credibility and future of the profession. Onbehalf of Benchers and the Law Society, thankyou for all of your hard work and commitment.

ConclusionThe Law Society has an important mandate tofulfill in ensuring that the integrity of the profes-sion is maintained and the interests of the publicare protected. As the Bar grows larger and barri-ers to mobility disappear, new issues and chal-lenges arise. Changes in the way legal servicesare delivered and increasing reliance on elec-tronic communication contribute to the com-plexity of the Law Society’s work. As a Bencherand President, it is easy to see how much thework of the Law Society has changed inresponse to our changing world. Many otherchanges will occur as time goes on, as the LawSociety strives to ensure that its method of regu-lation is dynamic and responsive to the chal-lenges of a changing profession. Being a Bencheris an important, sometimes onerous, alwayschallenging but incredibly rewarding and enjoy-able experience. Consideration in participatingin the work of the Law Society at this level isencouraged.

Reflecting on this past year, I have thoroughlyenjoyed the high level of commitment andinvolvement to the Society required as yourPresident. In this role, I was offered the uniqueopportunity to witness and be a part of thenumerous regulatory challenges facing our pro-fession. As your President, I have had theopportunity to see first hand the incredibleamount of effort and dedication that goes intoensuring that the mandate of the Law Society ismet on a daily basis by those involved with theeveryday tasks, as well as those who serve onthe various Committees.

Benchers, Executive Committee members andthe entire Law Society team are to be com-mended for their valued support and assis-tance. Best wishes to all involved in the LawSociety for continued success.

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The Law Society Act, 1999 (the “Act”) pre-scribes the Vice-President’s role in the discipli-nary process. The Vice-President receivesreports from the Legal Director and submitsallegations to the Complaints AuthorizationCommittee. The Complaints AuthorizationCommittee, a statutory committee consistingof three Benchers, at least one of whom is anappointed Bencher, screens allegations of con-duct deserving of sanction. Conduct deserv-ing of sanction is defined in section 41 of theAct to include professional misconduct, failureto maintain the standards of practice, conductunbecoming a member of the Society, acting inbreach of the Act or the Law Society Rules andfailing to adhere to the Code of ProfessionalConduct.

The Vice-President, with the consent of theparties, may attempt to resolve an allegationor may refer the allegation to alternate disputeresolution. If the allegation is resolved themediator confirms the resolution and the fileis closed. Where a satisfactory resolution isnot achieved then the allegation is referred tothe Complaints Authorization Committee.The initial assessment of an allegation is sub-ject to the third party allegation policy.

A third party allegation is an allegationreceived from a non-client or a lawyeropposed in interest to the client of the solicitoragainst whom the allegation is made.Following a review of the allegation on thebasis of specific factors, the Vice-President hasdiscretion to decline or to defer the investiga-tion pending the final determination of a pro-ceeding. When an investigation is deferred,the Vice-President requests, from the respon-dent, a consent and a waiver of delay. Whenan investigation is declined, the complainant

is advised that outstanding issues, if any, maybe re-filed with the Law Society subsequent tothe final determination of the proceeding.

The powers of the Complaints AuthorizationCommittee are prescribed by section 45 of theAct and include the authority to conductinvestigation, conduct a practice review andrequire the member’s appearance before theCommittee. The investigation/review is con-ducted through the Legal Director’s office.Following its final consideration of an allega-tion, the Complaints AuthorizationCommittee will either dismiss the allegationor, where there are reasonable grounds tobelieve that a respondent has engaged in con-duct deserving of sanction, the Committeewill authorize the Complaint. A complainantwhose allegation is dismissed by theComplaints Authorization Committee has aright to appeal to the Supreme Court, TrialDivision.

Following authorization of the Complaint, theComplaints Authorization Committee maycounsel or caution the respondent, mayinstruct the Vice-President to file theComplaint and refer it to the DisciplinaryPanel, make an application for appointment ofa Custodian of the member’s practice, andsuspend or restrict the member’s licence topractice.

The Disciplinary Panel, appointed pursuant tosection 42 of the Act, is comprised of LawSociety members and lay representatives,appointed by the Minister of Justice. For thepurpose of dealing with Complaints referredand applications made to the DisciplinaryPanel, the Chairperson appoints anAdjudication Tribunal, consisting of two

VICE-PRESIDENT'S ANNUAL REPORT

Barry G. Fleming, QC

members and one lay representative, to hearthe matter. The Hearing proceeds pursuant tosections 47 through 51 of the Act. A party tothe Hearing has the right to appeal an Orderor Decision of the Adjudication Tribunal to theSupreme Court of Newfoundland andLabrador, Trial Division.

Information concerning Complaintsprocessed during the current reporting periodfollows. The Complaints AuthorizationCommittee has authorized seven Complaints;two of which resulted in a letter of counseland five of which were referred to theDisciplinary Panel. The ComplaintsAuthorization Committee suspended a mem-

ber’s licence to practice pending the determi-nation of the Complaint by an AdjudicationTribunal. Currently there are sevenComplaints before the Disciplinary Panel.

Hundreds of hours of volunteer time are con-tributed on an annual basis by members of theComplaints Authorization Committee and bymembers of the Disciplinary Panel to the LawSociety’s disciplinary process. The Societycould not function without the dedication andvolunteer time of committee members. Yourcontribution is significant and very muchappreciated.

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15

EDUCATION COMMITTEE REPORT

Ian C. Wallace, QC, Chair

The Education Committee is responsible foreducational issues which arise concerningmembers and prospective members of theLaw Society. The Committee deals with allapplications for admission and re-admissionto practice, which applications generallyinvolve an assessment of academic creden-tials, currency of legal knowledge, fitness topractice and good character elements. TheEducation Committee deals with requeststhroughout the year from members andprospective members relating to the require-ments in the Law Society Act, 1999 and the LawSociety Rules on educational and admissionsissues.

As such, the Education Committee considersapplications from:

• law students regarding admission as aStudent-at-Law;

• applications from members of other LawSocieties who wish to practice inNewfoundland and Labrador on a tempo-rary basis under the National MobilityAgreement;

• applications from members of other LawSocieties who wish to transfer toNewfoundland and Labrador on a perma-nent basis pursuant to the NationalMobility Agreement; and

• applications from non-practicing or for-mer members of the Law Society whowish to reinstate their status to practicingmembership.

In all of these cases, the Committee mustensure that the applicant has met the requiredstandards, educational and otherwise.

Each year the Education Committee alsoreviews and approves the marks from the BarAdmission Course examinations and directs,when required, the writing of supplementaryexaminations or the completion of furthereducational requirements before a Student-at-Law is eligible to be called to theNewfoundland and Labrador Bar.

From May 2015-April 2016, the EducationCommittee:

(i) admitted 32 new applicants as Students-at-Law;

(ii) recommended to Benchers that 28 stu-dents, having met the requirements of aStudent-at-Law, be called to the Bar inNewfoundland and Labrador;

(iii)approved the application of 18 transfercandidates to be called to the Bar ofNewfoundland and Labrador under theNational Mobility Agreement; and

(iv)approved a change from non-practicing topracticing status for 25 Law Society mem-bers.

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The Law Society requires all Students-at-Lawto attend at the Bar Admission Course andsuccessfully complete the Bar AdmissionCourse Examinations as part of the LawSociety’s licensing requirements.

The 2015 Bar Admission Course began onOctober 6, 2015 and continued untilNovember 20, 2015. The Bar AdmissionCourse involves in-class teaching, generallyscheduled from 9:00 am – 5:00 pm daily, andthe Course runs for a period of seven (7)weeks in total. Daily attendance at the BarAdmission Course is mandatory for allStudents-at-Law. There are approximately150 scheduled hours of instruction in the BarAdmission Course, delivered through lec-tures, seminars and workshops. The instruc-tion is primarily provided by Law Societystaff, practicing lawyers, judges and other pro-fessionals and invited presenters.

In the 2015 Bar Admission Course there were27 students enrolled. Students attending theCourse were articling in a variety of legalenvironments. Approximately two thirds ofstudents were articling with a firm in privatepractice, with approximately one third arti-cling in a public sector placement, for examplewith the NL Legal Aid Commission, theCrown Attorney’s Office or the Department ofJustice (Civil Division). While the majority ofstudents were articling in the St. John’s metro-politan area, this year’s Course also had agood geographical representation of studentsarticling throughout the Province, for examplein Carbonear, Corner Brook and HappyValley-Goose Bay.

To pass the Bar Admission Course, studentsmust pass six Bar Admission Course licensingexaminations in the following areas: FamilyLaw, Commercial Law, Civil Procedure,

Criminal Law, Administrative Law and RealEstate/Wills. Each of these six licensingexaminations exam is 3½ hours long andfocuses on the lectures and in-class presenta-tions, the Bar Admission Course materials andthe approximately 80 provincial and federalstatutes and regulations covered in theCourse. The Bar Admission Course materialsconsist of 11 separate volumes and cover thou-sands of pages of content.

The goal of the Bar Admission Course is togive new lawyers a comprehensive overviewof Newfoundland and Labrador andCanadian law and procedure, and transfer tothem the necessary information to ensureentry level competence in the profession. TheCourse is intensive, practical and relevant towhat a new lawyer will see in practice.

What follows is an overview, providing fur-ther particulars on each section of the Course:

Family Law:Topics include divorce proceedings, parenting(custody and access), child and spousal sup-port, matrimonial property, provincial familylegislation, pensions, court procedures, childprotection, support enforcement and tax impli-cations of family law. There is also a Judicialpanel discussion on the practice of family law.

Corporate/Commercial Law:Topics include incorporation and organizing abusiness, registration issues, corporate proce-dures, corporate finance, the Personal PropertySecurity Act, security opinions, purchase andsale of a business/shares and commercialinsolvency.

Civil Procedure:Topics include limitations of actions, fatal acci-dents, survival of actions, commencing pro-

BAR ADMISSION COURSE COMMITTEE REPORT

J. David Eaton, QC, Chair

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ceedings, service, defences, counterclaims,third party proceedings, summary trial, expe-dited trial, discovery and disclosure of evi-dence, setting down for trial, the JudgmentEnforcement Act, civil appeals, costs and alter-native dispute resolution mechanisms.

Practice Skills, Practice Managementand Ethics:The Course presents lawyering-skills work-shops where students receive instruction indirect examination, cross-examination, negoti-ating settlements, interviewing clients, theLaw Society’s professional liability insuranceprogram, risk management and how to avoidprofessional negligence claims. As well thereis a presentation on maintaining a balancebetween professional and personal lives, anda presentation on using the resources of theLaw Society Library. There are also presenta-tions on the Law Society Trust Accountingrequirements and professional conduct andclient complaints. There is a separate sectionon ethics and the Code of Professional Conduct,in which students complete a written assign-ment.

Criminal Law and Procedure:Topics include the court structure, presump-tions and burdens, classification of offences,pre-arrest, arrest, charge, first appearances,judicial interim release, disclosure, electionsand re-elections, solicitor/client matters, pre-liminary inquiries, pre-trial matters, Charterapplications, trial by judge alone, jury trials,the sentencing process, types of sentences,

criminal appeals, young offenders, eviden-tiary matters, voir dires, search and seizure anddefences. As well, in this section, studentsreceive instruction on advocacy skills, there isa panel discussion with judges on the topic ofadvocacy, and students prepare for and partic-ipate in a mock trial and sentencing exercises.

Administrative Law:Topics include the Labour Relations Board,labour and commercial arbitration, municipallaw, the Human Rights Commission, theWorkplace Health, Safety and CompensationCommission, the professional disciplineprocess, statutory appeals, judicial review ofarbitration and a presentation on judicialreview and other prerogative orders.

Real Estate and Wills:Topics include the registry system and landtenure, the real estate transaction, the mort-gage, condominiums, professional responsi-bility in real estate issues, title insurance, sur-vey/location certificates, taxation issues,crown lands, quieting of titles, possessorytitle, residential tenancies and title searches.There is a real estate transaction workshopand a separate section on wills, estates andprobate.

Law Society members or prospective mem-bers interested in obtaining further informa-tion about the Bar Admission Course shouldcontact Mr. Francis P. O’Brien at (709) 722-4898or by email francis.obrien@lawsociety.nf.ca.

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CONTINUING LEGAL EDUCATION REPORT

The Law Society of Newfoundland andLabrador develops and delivers a program ofContinuing Legal Education for members ofthe Bar. This is achieved through the LawSociety’s education entity, Newfoundland andLabrador Continuing Legal Education.

Newfoundland and Labrador ContinuingLegal Education has, as its goal, the provisionof high quality legal education programswhich assist in keeping our members currentand competent.

Continuing legal education programs areoffered to members of the Newfoundland andLabrador Bar in a variety of practice areas.Examples of recent and proposed programsinclude:

• Dealing with Taxation Issues in VariousPractice Areas: Avoiding the Traps andAdopting Best Practices

• Mental Health and Lawyers – An UnspokenStruggle

• Maximizing Results in Examination-in-Chiefand Cross-Examination

• Promoting Excellence in Appellate Advocacyand Practice

• Understanding Emotional Intelligence (EQ)for Lawyers

• In the Best Interest of Children: AnIntroduction to Development and the Impactof Court Involvement

• Gain the Edge! Negotiation Strategies forLawyers

Lawyers in Newfoundland and Labrador con-tinue to be very interested in ContinuingLegal Education and they continue to supportour programming by their excellent levels ofattendance, positive feedback and suggestionsfor future programs.

We appreciate our many volunteer lawyers,judges and other professionals who give theirtime and talents, as presenters at our semi-nars, to enhance the knowledge and profes-sional standards of other practitioners. TheLaw Society greatly appreciates these contri-butions and we are continuously impressedwith the excellence and enthusiasm of ourpresenters.

As Benchers have approved a program ofMandatory Continuing Legal Educationbeginning in 2016, with reporting beginningin January 2017, the Law Society is lookingforward to members engaging in meaningfulcontinuing legal education opportunities infuture to further promote professional compe-tence.

Members with program suggestions shouldcontact Mr. Francis P. O’Brien at (709) 722-4898or by email at francis.obrien@lawsociety.nf.ca.

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INSURANCE COMMITTEE REPORT

Ann F. Martin, Chair

We welcomed four new members to theInsurance Committee in 2015: Gary Baird,Peter Shea, Graham Wells, QC, and MarinaWhitten, QC. Their first task, along with me astheir rookie chair, was to deal with an actuari-al report previously commissioned, recom-mending that the transaction levy be revisedto more accurately reflect risk. Recognizingthat the transaction levy fee has been reducedover the past few years, the Committeeaffirmed its view that the transaction levy isthe fairest way to spread the costs of insuranceacross the legal community. The Committeeconcluded that levy fees of $30 and $75 moreaccurately reflected the risk of transactions inreal estate and civil litigation respectively. Weconducted a further review of the applicabili-ty of the $75 fee in family law matters and con-cluded that it was appropriate.

In June 2015, Tom Johnson, QC was re-appointed as Legal Counsel of the ClaimsReview Committee. We continue to benefitfrom the hard work and guidance of ourClaims Review Committee consisting ofJanice Ringrose, Tom Johnson, QC, LewisAndrews, QC and Gary Baird. Our past year’sclaims history was consistent with last yearand we continue to be in a strong, stable finan-cial situation.

With the assistance of the InsuranceProgramme’s actuary, the InsuranceCommittee recommended that Benchers adopta premium setting policy to lay the foundationfor the Lawyers’ Insurance Programme’s pre-mium setting process. This policy seeks to bal-ance the potentially competing goals of main-

taining premium stability and reaching theProgramme’s capital pool target within a rea-sonable time frame. We were pleased that inthe first year the policy was adopted we wereable to maintain our 2016 insurance premiumat the same level as 2015.

In 2015 the Insurance Committee was taskedby Benchers with reviewing the cause of therelatively high rate of missed limitations inthis jurisdiction. The Committee found theproblem of missed limitations occurred pre-dominantly in solo and small firms with thecauses being multifactorial in nature. TheCommittee brought forward a comprehensiveloss prevention initiative containing variouselements which will be rolled out to membersover the coming months.

Our insurer, CLIA, which is a reciprocal,underwent some restructuring in light ofAlberta’s recent withdrawal from the pro-gram. This included a review of the rules gov-erning the remaining member law societies’participation in the program. The InsuranceCommittee recommended approval of revi-sions to the Rules of the Reciprocal which bet-ter reflect the maturity of our insurance pro-gram.

The Insurance Committee benefits greatlyfrom the generosity of our members whodevote significant time and effort to the suc-cess of the Lawyers’ Insurance Programme.The Programme continues to provide fair andreasonable insurance premiums to lawyerswhile affording effective protection of thepublic.

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The Law Society Library is responsible forsupporting lawyer competence through thedelivery of high level reference services tomembers throughout Newfoundland andLabrador. To provide these services it is essen-tial to maintain the library’s collection of textsand online resources (including e-books ande-journals).

The Law Society Library endeavors to main-tain a reliable and accessible collection that isavailable to both members of the professionand members of the public. Such accessibilityis a requirement for Law Foundation funding.

Balancing costs and access to current materialcontinues to be of paramount importance tothe library. This is a challenging goal, howev-er, in a climate in which the costs of loose-leaftexts and online resources are escalating annu-ally. This struggle has been compounded by

(i) the reduction in funding from the LawFoundation by almost 50%;

(ii) the decisions of some law firms, as well asthe Department of Justice and PublicSafety Library, to suspend all purchasingof loose-leaf updates; and

(iii) the requirement that the Law Librarymaintain subscriptions to both LexisNexisQuicklaw and WestlawNext Canada.

In an effort to control its current expenditures,the Library has taken strategic cost-cuttingmeasures over the past year, including, butnot limited to a large-scale reduction in loose-leaf subscriptions.

The Library Committee remains committed,however, to its goal of providing reliable andaccessible resources into the future and thanksthe Law Foundation of Newfoundland andLabrador for its financial contribution to theLaw Society Library.

LIBRARY COMMITTEE REPORT

Liam O’Brien, Chair

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The Honours and Awards Committee dealswith several Law Society awards for ArticledStudents-At-Law. These are The Hunt Award,The Provincial Court Judges’ AssociationAward, The Penney Award, The SpracklinAward, The William J. Browne Scholarship,and The Maxwell J. Pratt Scholarship, respec-tively.

The Hunt Award is presented to the Student-at-Law who receives the highest overall aver-age mark in the Law Society of Newfoundlandand Labrador’s Bar Admission Course. Therecipient of The Hunt Award for the 2015 BarAdmission Course is Ms. Jasmine Compton.Ms. Compton served Articles of Clerkship atthe firm Benson Buffett and her principal wasMs. Deborah Hutchings. Ms. Compton wascalled to the Newfoundland and Labrador Baron February 19, 2016, at which time she com-menced practice with Benson Buffett.

The Provincial Court Judges’ AssociationAward is presented to the Student-at-Lawachieving the highest mark in the CriminalLaw Examination of the Bar AdmissionCourse. The recipient of The Provincial CourtJudges’ Association Award for the 2015 BarAdmission Course is Mr. Nicholas Leamon.Mr. Leamon served Articles of Clerkship at thefirm McInnes Cooper and his principal wasMr. David Eaton, QC. Mr. Leamon was calledto the Newfoundland and Labrador Bar onFebruary 19, 2016, at which time he com-menced practice with McInnes Cooper.

The Penney Award is presented to the Student-at-Law achieving the highest mark in theFamily Law Examination of the Bar AdmissionCourse. The co-recipients of the 2015 PenneyAward are Ms. Allison Conway, Ms. BrittanyKeating and Mr. Nicholas Leamon. Ms.Conway is serving Articles of Clerkship at thefirm Budden & Associates and her principal is

Geoffrey Budden. Ms. Conway is scheduled tobe called to the Newfoundland and LabradorBar on June 17, 2016. Ms. Keating and Mr.Leamon served Articles of Clerkship at thefirm McInnes Cooper and their principal wasMr. David Eaton, QC. Ms. Keating and Mr.Leamon were called to the Newfoundland andLabrador Bar on February 19, 2016 at whichtime they commenced practice with McInnesCooper.

The Spracklin Award is presented to theStudent-at-Law achieving the highest mark inthe Real Estate/Wills Examination of the BarAdmission Course. The recipient of the 2015Spracklin Award is Ms. Catherine Quinlan.Ms. Quinlan served Articles of Clerkship at thefirm Martin Whalen Hennebury Stamp andher principal was Mr. Terry Rowe. Ms.Quinlan was called to the Newfoundland andLabrador Bar on April 15, 2016, at which timeshe commenced practice with Martin WhalenHennebury Stamp.

The William J. Browne Scholarship is present-ed to a Student-at-Law who has submitted aresearch essay on a legal issue of current pub-lic concern. The recipient of the 2016 WilliamJ. Browne Scholarship is Mr. Ryan Belbin whois presently articling with the firm O’Dea,Earle. Mr. Belbin’s research essay is entitled“When Google Becomes the Norm: The Case forPrivacy and the Right to be Forgotten.”

The Maxwell J. Pratt Scholarship is based onacademic performance and is presented to aStudent-at-Law who is a graduate of MemorialUniversity of Newfoundland and a student atDalhousie Law School. There is no recipient ofthis award this year.

The above-described awards will be formallypresented on June 10, 2016 at the Law Societyof Newfoundland and Labrador AnnualDinner.

HONOURS AND AWARDS COMMITTEE REPORT

Amy M. Crosbie, Chair

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22

SS DAISY LEGAL HISTORY COMMITTEE REPORT

Christopher P. Curran, Co-Chair

The Committee met four times throughout thereporting period in pursuance of its mandateto maintain and preserve the Province’s legalheritage. It opened the year by participating inthe Sir Richard Whitbourne QuatercentennialSymposium held at Trinity, Newfoundland andLabrador from June 3-5, 2015. The statedtheme of the event, sponsored by the NationalJudicial Institute, was: “Celebrating 400 Yearsof Law, Courts and the Legal system inNewfoundland and Labrador—Reflecting onour Past—Focusing on the Future.” Membersof the Bar, the Judiciary, legal academics, lead-ing legal industry analysts, and members ofthe media attended the event. A number ofCommittee Members delivered papers at theSymposium and participated in focused roundtable discussions. The two day event was aresounding success.

Throughout the year the Committee complet-ed or furthered its ongoing work on the fol-lowing publications:

• D. W. Prowse, Manual for Magistrates inNewfoundland (1877), with an introductoryessay by Christopher Curran and MelvinBaker;

• The Personal Journals and Records of theLabrador Court of Civil Jurisdiction and Courtof Sessions prepared by Clerk of the Courtand Justice of the Peace George Simms,(1827—1833), edited by Augustus Lilly andChristopher Curran;

• The Proceedings of the Sir Richard WhitbourneQuatercentennial Symposium, edited byChief Justice J. Derek Green, ChristopherCurran and Melvin Baker;

• Preparatory work on a collection of criticalessays on A Ferryland Merchant-Magistrate:the Journals and Cases of Robert Carter, Esq.J.P. (1832—1852) ongoing.

In response to requests from members of theBench and the Bar, Committee members haveexpressed a strong interest in revitalizing itsinterview series with senior members of theprofession and the Judiciary. The cost of tran-scribing interviews has long been a deterrentto moving this initiative forward. A sub-Committee comprising Robert Pittman, QC,the Hon. Gerald Barnable and Ms. FrancesKnickle QC has been struck and will make rec-ommendations as to how to proceed in theshort and in the long term. The hope is thatadvances in digital recording technology mayoffer some solutions to help reduce cost andtranscription time.

The Committee unanimously agreed to pro-vide support for a Panel Discussion which washeld at the The Gathering Place on 24 May2016 to mark the 30th anniversary of the land-mark decision R. v. Thomas. The panel discus-sion was entitled: “An Intersection ofNewfoundland Culture and Canadian LegalHistory.” Panel participants included: JusticeGoodridge, Mr. Bernard Coffey, QC, and Mr.Norman Whelan, QC. Committee Member,Ms. Frances Knickle, QC moderated the PanelDiscussion. The Committee also used theevent to launch its newest publication: D.W.Prowse’s Manual for Newfoundland Magistrates(1877).

Having completed their term, the Committeesaid goodbye to the following members dur-ing the year: Mr. David Jones, QC and Mr. JohnDrover. The Committee thanks Mr. Jones andMr. Drover for their service. The followingnew members joined the Committee: TheHon. Milton Reid, Ms. Frances Knickle, QC andMs. Angela Whitehead.

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ACCESS TO JUSTICE COMMITTEE REPORT

Ian C. Wallace, Chair

The Access to Justice Committee was formedto represent the Law Society on theNewfoundland and Labrador Access toJustice Steering Committee (the “SteeringCommittee”) comprised of various stakehold-ers in the justice community, including theChief Justices of the Court of Appeal, TrialDivision, and Provincial Court.

The Steering Committee, inter alia, providesleadership on initiatives intended to improveaccess to the civil and family justice systems inthe Province, including engaging the publicon issues related to access to justice and pro-moting innovation in all aspects of the deliv-ery of civil and family justice services.

The Access to Justice Committee’s responsi-bilities include: identify access to justice initia-tives relevant to the role of the Society to reg-ulate in the public interest; advise and recom-mend to Benchers access to justice initiativesrelevant to the role of the Society; engageMembers on access to justice initiatives rele-vant to the role of the Society; engage the pub-lic on access to justice initiatives relevant tothe role of the Society; promote and facilitateaccess to justice initiatives relevant to the roleof the Society; and support the SteeringCommittee in attaining its objectives:

Representatives of the Access to JusticeCommittee participated in the June 2015Stakeholder Roundtable presented by the

Steering Committee featuring Trevor Farrow,Associate Dean and Professor, Osgoode HallLaw School, as keynote speaker.

The Committee provided comments on pro-posed changes to the Rules of Court thatwould permit corporations to be representedby agents, not lawyers, in certain proceedingsin the Province.

The Director of Legal Education for the LawSociety represented the Committee in meet-ings with various justice stakeholders devel-oping a proposal for a Court of Appeal LegalClinic.

The Law Society continues to support accessinitiatives for the public, including contribu-tions to CanLII, an online legal resource fund-ed by all Law Societies in Canada which isavailable to the public without charge, anddedicating a section of its website to the pub-lic, including links to important resources.

The Law Society has also offered support for aproposed Mediation Pilot Project in FamilyCourt and amended the Law Society Rules tocreate a “limited scope retainer” rule to pro-mote access to justice by members to the pub-lic.

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ACCOUNTS AND FINANCE COMMITTEE REPORT

Barry G. Fleming, QC, Chair

The Finance and Accounts Committee wasestablished to support Benchers in the gover-nance of the Law Society by monitoring sig-nificant financial planning and reporting mat-ters and to serve as the Law Society’s AuditCommittee. Members of the Committee areBarry Fleming, Q.C., Chair, Ian Patey, ElectedBencher, and Glenda Reid, Lay Bencher.

During the reporting period, Benchersapproved the Committee’s Terms ofReference. The responsibilities of theCommittee were determined to be:

• Make recommendations to the Bencherson the selection of financial advisors forthe Law Society.

• Regularly meet with the financial advisorsof the Law Society to assess the perfor-mance of its financial assets.

• Report generally on the performance ofthe Law Society’s financial assets toBenchers.

• Regularly monitor and assess the perfor-mance of the Law Society’s financial advi-sors and, when necessary, make recom-mendations to Benchers for a change offinancial advisors.

• Serve as the Audit Committee to: i) Review the audit tender process; ii) Recommend the appointment of an

auditing firm to Benchers; iii) Meet with the external auditors to

ensure that: a) The Law Society has implemented

appropriate systems to identify,monitor and mitigate significantfinancial risk;

b) The appropriate systems of inter-nal control, which ensure compli-ance with Law Society policies and

procedures are in place and oper-ate effectively;

c) The Law Society’s annual financialstatements are fairly represented inaccordance with generally accept-ed accounting principles;

d) Any matter which the externalauditors wish to bring to Benchershas been given adequate attention;

e) The external audit function hasbeen effectively carried out.

The Committee meets regularly with the LawSociety’s financial advisors to ensure that theholdings are in keeping with our InvestmentPolicy Statement. That document dictates thatno more than 25% of the Law Society’s hold-ings should be held in equities. Having regardfor the conservative nature of the LawSociety’s investment strategy and the pru-dence of Benchers, the Committee has restrict-ed equity to less than 20% of all financialassets.

The Accounts and Finance Committee metwith the Law Society’s auditors, KMPG onMarch 21, 2016. The purpose of the meetingwas to review the draft financial statementsfor the Law Society. Prior to the audit, theauditor's undertook to communicate opportu-nities for improvement in financial, account-ing or operational processes should theybecome aware of them during the audit.During the audit they did not become awareof such opportunities. Overall, the review waspositive and no remarkable issues were iden-tified which caused the committee concern.We also had an opportunity to speak with theauditors in the absence of staff. This permittedan opportunity for a frank exchange about theoperations of the Law Society. Again, noremarkable issues were identified.

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REAL ESTATE COMMITTEE REPORT

Donald E. Anthony, Chair

The Real Estate Committee supports Benchersin the governance of the Law Society by devel-oping professional standards for the area of RealEstate Law. Specifically, the Committee makesrecommendations to Benchers regarding:

• Identifying existing applicable profession-al standards of Real Estate Law Practice

• Identifying emerging Real Estate Lawissues which may require the develop-ment of new professional standards or therevision of current standards and advisingBenchers

• Identifying resources and tools to assistmembers to practice in accordance withprofessional standards

• Acting as a resource on issues of profes-sional standards for Real Estate Law asmay be requested by Benchers

• Engaging members in determining realestate practice education initiatives rele-vant to the Society and its role of regulat-ing the profession, in the public interest

This year was something of a regrouping yearfor the Committee which had largely beendormant for some time. It was a timely effort

as various issues, such as the changes to pos-sessory title rules, had been a topic of conver-sation of the previous months. In an effort toidentify issues of primary concern to practi-tioners, an open call was sent to the bar seek-ing input at a roundtable meeting. The meet-ing, which was held on September 30, waswell attended by some of the province’s mostexperienced real estate lawyers and generateda solid list of issues which the Committee willbe addressing for the next couple of years.

The Committee met again on November 24 tobegin discussion of the list of issues and it wasdecided that the foremost issue was the varia-tion in standards of practice and forms. Withthe intention of starting a collection of a stan-dard book of forms, the Chair was directed tocontact the Law Society to determine whatinformation was provided to students duringthe Bar Admission Course. Through the cour-tesy of Frank O’Brien, that information hasnow been obtained. It now lies with theCommittee to begin to update documents, asnecessary, so that they might be circulated topractitioners with an eye to finding a greaterdegree of standardization in our real estatepractices. Much work remains.

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AUDITOR’S REPORTAND FINANCIAL STATEMENTS

for theFiscal Year Ended December 31, 2015

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36-45

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The Law Society of Newfoundland and Labrador

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2015 - 2016 Annual Report