The Law Society of Manitoba Communiqué 2

38
continued on page 2 CEO Report 1 Meeting Notice 3 Important Changes to the Anti-Money Laundering Rules for Lawyers 4 Space Sharing Arrangements Some Things to Consider 6 Do’s & Don’ts of Space Sharing 9 Your Valuable Law Firm Data & the CLIA Cyber Liability Program 10 2019 Important Dates 13 In Memoriam 13 Trust Safety Program Examination Deadline 14 Eye Spy 15 Fraud Alert 16 Great Lexpectations 17 Articling Sutdents 18 Dates for 2019-2020 CPLED 18 Last Session of CPLED Program. What’s Next? 19 Bits & Bytes 20 Photos 21 Notice of Suspension 22 Richard J. Scott Award 23 2019 Call to the Bar 24 Membership Changes 26 Supreme Court Dinner 27 New Payment Deadline 28 Canadian Bankers Association 28 Discipline Case Digests 28 CPD Programs 29 Pitblado Lectures 30 INSIDE THIS ISSUE: August 2019 The Law Society of Manitoba Communiqué 2.0 CEO Report Kris Dangerfield, Chief Executive Officer June 27, 2019 was a day that revolved around some pretty big numbers. First, it was the 1,556th time that the benchers of the Law Society of Manitoba have met to conduct business. Second, it was a day that required the benchers to review and approve the Law Society’s audited financial statements. And finally, it was the day that we celebrated the 99th President of the Law Society, Anita Southall. All in all it was a good day to reflect on what has been accomplished and what is yet to come. We had special guests visiting from the Federation of Law Societies of Canada. We were joined by Ross Earnshaw Q.C. the Federation President until later this year as well as Jonathan Herman, the Chief Executive Officer of the Federation. They brought greetings to the benchers and a brief overview of the role and work of the Federation as it relates to the regulation of the legal profession in Canada. The day began with the Annual General Meeting of the Law Society at which the benchers approved the minutes from last year, approved the financial statements for the practising year ending March 31, 2019 and received the Annual Report. If you would like to take a look at the Annual Report you can access it here. The benchers received an update on the Law Society’s 2017-2020 Strategic Plan and a brief status report on a number of LSM initiatives. They then very efficiently disposed of the work of the day. This included the approval of several amendments to Law Society rules. In keeping with the numbers theme, the first related to the quorums for Law Society committees and in particular the Trust Safety Committee. The benchers approved an amendment that would ensure that quorum for the Committee would be three committee members rather than half of the entire committee, consistent with the rule that applies to the Discipline Committee. The benchers also approved an amendment to clarify that the lawyer benchers on the Trust Safety Committee may be either elected or appointed lawyer benchers. The second set of amendments to the rules corrected some unintended consequences of the new rule requiring law firms to register with the Law Society. The amendments approved by the benchers clarify that with the exception of sole practitioners, two lawyers must be designated by a law firm to receive communications from the Law

Transcript of The Law Society of Manitoba Communiqué 2

Page 1: The Law Society of Manitoba Communiqué 2

continued on page 2

CEO Report 1Meeting Notice 3Important Changes to theAnti-Money Laundering Rulesfor Lawyers 4Space Sharing ArrangementsSome Things to Consider 6Do’s & Don’ts of Space Sharing 9Your Valuable Law Firm Data& the CLIA Cyber LiabilityProgram 102019 Important Dates 13In Memoriam 13Trust Safety ProgramExamination Deadline 14Eye Spy 15Fraud Alert 16Great Lexpectations 17Articling Sutdents 18Dates for 2019-2020 CPLED 18Last Session of CPLEDProgram. What’s Next? 19Bits & Bytes 20

Photos 21

Notice of Suspension 22

Richard J. Scott Award 23

2019 Call to the Bar 24

Membership Changes 26

Supreme Court Dinner 27

New Payment Deadline 28

Canadian Bankers Association 28

Discipline Case Digests 28

CPD Programs 29

Pitblado Lectures 30

INSIDE THIS ISSUE: August 2019

The Law Society of Manitoba

Communiqué2.0

CEO ReportKris Dangerfield, Chief Executive Officer

June 27, 2019 was a day that revolved around some pretty big numbers. First, it was the 1,556th time that the benchers of the Law Society of Manitoba have met to conduct business. Second, it was a day that required the benchers to review and approve the Law Society’s audited financial statements. And finally, it was the day that we celebrated the 99th President of the Law Society, Anita Southall. All in all it was a good day to reflect on what has been accomplished and what is yet to come.

We had special guests visiting from the Federation of Law Societies of Canada. We

were joined by Ross Earnshaw Q.C. the Federation President until later this year as well as Jonathan Herman, the Chief Executive Officer of the Federation. They brought greetings to the benchers and a brief overview of the role and work of the Federation as it relates to the regulation of the legal profession in Canada.

The day began with the Annual General Meeting of the Law Society at which the benchers approved the minutes from last year, approved the financial statements for the practising year ending March 31, 2019 and received the Annual Report. If you would like to take a look at the Annual Report you can access it here.

The benchers received an update on the Law Society’s 2017-2020 Strategic Plan and a brief status report on a number of LSM initiatives. They then very efficiently disposed of the work of the day. This included the approval of several amendments to Law Society rules. In keeping with the numbers theme, the first related to the quorums for Law Society committees and in particular the Trust Safety Committee. The benchers approved an amendment that would ensure that quorum for the Committee would be three committee members rather than half of the entire committee, consistent with the rule that applies to the Discipline Committee. The benchers also approved an amendment to clarify that the lawyer benchers on the Trust Safety Committee may be either elected or appointed lawyer benchers. The second set of amendments to the rules corrected some unintended consequences of the new rule requiring law firms to register with the Law Society. The amendments approved by the benchers clarify that with the exception of sole practitioners, two lawyers must be designated by a law firm to receive communications from the Law

Page 2: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2 August 2019

Law Society of Manitoba

CEO Reportcontinued from page 1

Society. The rule amendments also clarify that while government, crown corporations, Legal Aid and corporate in-house counsel are not required to register as a law firm, they must nonetheless designate two lawyers to receive communications from the Society. Finally, the benchers approved amendments to the rules that will permit lawyers from Quebec to practise in and transfer to Manitoba.

There were also a number of special presentations. Students from the Faculty of Law received awards for highest standings in third year law. Past President Kathy Bueti received her Life Bencher Certificate and Ross Earnshaw, Q.C. was presented with an Honorary Bencher Certificate.

And with that we adjourned to the President’s Reception to celebrate Anita Southall’s (or should I say Agent 99’s) new persona as President of the Law Society of Manitoba.

2019 Prize Winners

Tamara Edkins, winner of the Margaret Hypatia Crawford Award

for the hightest standing in third year law.

Ellie Einarson, second highest standing in third year law.

Emily Cummings, third highest standing in third year law.

Congratulations to this year’s prize winners from Robson Hall. President Anita Southall presented the recipients with cash awards at the June bencher meeting. Congratulations also to Zachary Rodgers, fourth highest standing in third year law, who was unable to attend.

Page 3: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page � August 2019

Law Society of Manitoba

NOTICE OFBENCHERS’ MEEETING

The next regular meeting of the benchers of the Law Society of Manitoba will be held on Friday, September 6, 2019 at 1:00 p.m.

at the Elkhorn Resort in Clear Lake, Manitoba.

The dates of future benchers’ meetings scheduled for 2019-2020 are as follows:

• Thursday, October 31, 2019• Thursday, December 19, 2019 • Thursday, February 13, 2020 • Thursday, April 23, 2020 • Thursday, May 28, 2020 • Thursday, June 25, 2020

Members of the Society are encouraged to attend and participate in the deliberations of the governing body.

President Anita Southall presents outgoing President Kathy Bueti

with her Life Bencher Certificate.

Ross Earnshaw, Q.C.receives an Honorary Bencher Certificate

from President Anita Southall.

Page 4: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page � August 2019

Law Society of Manitoba

continued on page 5

Important Changes to the Anti-Money Laundering Rules for LawyersLeah Kosokowsky, Director - Regulation

On January 1, 2020, rule changes affecting client identification and verification and the receipt of cash will come into effect.

Whatdoesthismeanforyou?

All firms need to review and revise their processes to ensure compliance with the existing and new rules. These rules are critically important in the international fight against money laundering and terrorism financing and thus compliance will be enforced robustly.

Whathelpcanyouexpect?

The Law Society will provide several education sessions with resource material to assist you. The education sessions will be provided at no cost and can be applied toward your annual continuing professional development requirements.

Whyarewemakingthesechanges?

Lawyers must never knowingly assist in or encourage any dishonesty, fraud, crime or illegal conduct. As the Code of Professional Conduct puts it, “a lawyer should be on guard against becoming the tool or dupe of an unscrupulous client or others and should be alert to and avoid unwittingly becoming involved with a client or others engaged in criminal activities such as mortgage fraud or money laundering”.

Money laundering and terrorism financing are significant global problems. Lawyers and law firms do not want to knowingly or unknowingly allow clients to launder money by washing it through a lawyer’s trust account.

For some time, the Law Society has had two sets of rules in place, known as the “client identification and verification rules” and the “no cash rules”. These decade-old rules were based on model rules developed by the Federation of Law Societies in an effort to help lawyers prevent money laundering. Over the last several years Canadian law societies have identified that to be effective a more robust set of rules is required. After consultation with the legal profession throughout Canada, the Federation of Law Societies changed the model rules in October 2018, which changes were adopted by the Law Society of Manitoba benchers in May of 2019. The new rule amendments are being drafted and will be finalized by the benchers this fall with an implementation date of January 1, 2020 for all Manitoba lawyers.

WhatKindofChangescanyouexpect?

Receipt of Cash Rules

• Additional definitions• Greater clarity• Fewer exceptions to the rule that prohibits lawyers from accepting cash in excess of $7,500.

Page 5: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page � August 2019

Law Society of Manitoba

Important Changes to the Anti-Money Laundering Rules for Lawyerscontinued from page 4

Client Identification and Verification Rules

• Greater clarity of the information that must be obtained and recorded when identifying clients on all files• New methods to verify a client’s identity on files where you are paying, receiving or transferring funds• Clarification of files exempt from verification• Removal of the “reasonable measures” standard for verifying identity• Obligation to inquire into the source of the funds• Reduced time to verify a client’s identity • Additional obligations when handling financial matters for corporations, businesses, trusts or other entities• Amendments relating to the use of agents• Ongoing monitoring obligations articulated

New Trust Accounting Rule

• New rule expressly prohibiting lawyers from depositing any monies into trust other than trust money that is directly related to legal services that are being provided

• This will eliminate the ability of lawyers to deposit fiduciary property into trust when acting solely in a representative capacity

• No change to other recently enacted rules that place record keeping and reporting requirements on lawyers who act in representative capacity

Check the Law Society of Manitoba website in the near future for dates and registration details for the education sessions.

Page 6: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page � August 2019

Law Society of Manitoba

continued on page 7

Space Sharing Arrangements: Some Things to ConsiderDarcia Senft, Director - Policy and Ethics

Many lawyers practise law with other lawyers using traditional law firm partnership agreements, dividing income equally between partners. The partners may adopt a compensation plan of ‘eat what you kill’ or they may choose to divide income and expenses based on other arrangements between the participating partners. Other lawyers choose to practise in “associations” that are not truly firms but may appear to be traditional law firms with common letterhead, one website and a common domain name for e-mail, one name on the door, shared support staff and even an agreement between the lawyers that they will not act for any parties adverse in interest. Under that scenario, nothing would seem to distinguish the “firm” from a traditional law partnership.

Another variation on the traditional law firm is an association of two or more sole practitioners who have no intention of being viewed as a firm, and for many good reasons choose not to practise in a conventional law firm partnership, but still want to practise in proximity with other lawyers. These lawyers need to take special care that their arrangements do not leave the public, other lawyers and the Law Society with the perception that they are in fact a law firm.

Historically the Law Society has not considered lawyers who share office space and some common expenses, but otherwise practise as independent lawyers, to be members of a common firm. However the Law Society has cautioned lawyers in such arrangements to advise their clients, in writing, that they are in a space sharing arrangement and that the other lawyers in the space-share, are free to act for others whose interests could be adverse in interest to the clients. In addition precautions must be taken to ensure that client information is not shared and that communications and client files are secure and maintained separately.

In 2015 amendments to The Legal Profession Act enabled the Law Society to regulate firms and other legal service providers by expanding the definition of “law firm” to include:

“A sole proprietorship, a partnership, a law corporation or any other joint arrangement or legal entity that provides legal services.”

Some lawyers may believe they are practising law in a “space sharing” setting, but when all things are considered, their arrangement is in fact a law firm that would fall within this expanded definition of law firm. So here are some things you need to be aware of.

Page 7: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page � August 2019

Law Society of Manitoba

Space Sharing Arrangements: Some Things to Considercontinued from page 6

continued on page 8

RisksofSpaceSharingArrangements

Conflicts

Space sharing arrangements can give rise to complaints to the Law Society about conflicts of interest. For example, on a domestic matter, when a husband retains a lawyer who shares a receptionist with his soon to be ex-wife’s own lawyer, the parties may perceive that two members of “one firm” are acting on both sides of a marital dispute. Perception is important. When determining whether a conflict of interest may exist, practising arrangements must be clear, not only to the lawyers in question but also to the public and to the Law Society. The public might assume that confidential information could be shared between counsel who work in the same physical space. Both lawyers might have separate trust accounts, but that is meaningless to separated spouses who learn that both lawyers share a common telephone line and work three doors away from each other. Even where reasonable precautions have been taken, lawyers are sometimes removed from acting as counsel due to perceptions of conflict.

Confidentiality

Lawyers practising as sole practitioners with a space-sharing arrangement must be mindful of the ethical duty of confidentiality. Client information and confidences must not be shared with other people who share space. Client files (physical and electronic) should not be accessible by anyone other than the lawyer who was retained and his or her own staff. Networks must be kept separate between the lawyers who share space. In situations where lawyers want to treat confidences of their clients as confidences of the shared-space group, they must seek the consent of their clients to conduct conflicts searches through their space-sharers’ conflict systems.

Insurance Considerations

The Insurance policy defines Law Firm as two or more Individual Insureds who are, or appear to be, holding themselves out to the public as practising law together, whether or not a partnership exists in fact and regardless of the form or forms of business organization through which the practice is conducted. This definition reflects the case law on vicarious liability. Lawyers who share space are often named as parties to a professional liability claim against one of their fellow space sharers. Depending upon the facts, it may be challenging to get a claim discontinued if it is unclear whether the lawyers are partners in the practice of law.

If lawyers want to remain separate for liability purposes, they ought to practise under a separate name, with a separate phone number, letterhead, and website in order to make convincing arguments that they are not members of a “firm.”

Trust Accounting Responsibilities

Another consideration for lawyers who share space is trust accounting requirements. The Law Society Rules require a sole practitioner in a space sharing arrangement to maintain his or her own trust account and not deposit trust money into a trust account maintained by any other member or law firm. That is, lawyers are not allowed to share trust accounts if they are not members of the same firm. This is a consideration under the new Trust Safety Program which requires every lawyer or law firm with a trust account to have a Trust Account Supervisor in place.

Page 8: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page � August 2019

Law Society of Manitoba

Space Sharing Arrangements: Some Things to Considercontinued from page 7

Advertising

Law Society Rule 4.2-1, sets out a lawyer’s professional ethical obligations relating to marketing and permits lawyers to market their services, provided the marketing is:

a) demonstrably true, accurate and verifiable;b) neither misleading, confusing, or deceptive, nor likely to mislead, confuse, or deceive;c) in the best interests of the public and consistent with a high standard of professionalism.

Lawyers cannot misrepresent the true nature of any office sharing arrangement through letterhead, signage or a website. While sole practitioners who share space may use a common letterhead and a common “firm” name, the true nature of the practising arrangement must be made abundantly clear in advertising and in communications with clients. For example, if the lawyers truly intend to practise as independent practitioners (and have completed their Annual Member Return on that basis), their marketing cannot suggest that the lawyers practise in one law firm.

Some sole practitioners share websites and marketing material which use collective language such as “us,” “we,” or “team.” Some of these self-described sole practitioners share common email addresses as well as telephone and fax numbers. Some have even explicitly described themselves as members of a “firm.”

In other cases, although it looks like certain lawyers are members of a traditional firm, “fine print” located at the bottom of web pages says: “An association of Independent Lawyers.”

Clients should not be in a position where they are choosing legal representation based on a misunderstanding of the lawyer’s actual practising arrangements and available resources. So give careful consideration to the content in the following means of marketing:

i) Letterhead

A line at the bottom of a letter (in fine print) indicating that the lawyers are independent practitioners who share space is not enough. Lawyers must clearly set out their practising arrangements at the top of their letterhead, for example, that they are “sole practitioners who share space.”

ii) Signage

Signage and marketing materials must clearly identify that the lawyers who share space are actually sole practitioners. There must be no room for confusion.

iii) Websites

Lawyers should take reasonable steps to ensure that websites identify that the lawyers are not practising in a traditional law firm setting. Fine print buried at the bottom of a webpage is not sufficient. References to “our team” or to the collective number of years at the bar could be considered to be misleading.

AreYouConsideringaSpaceSharingArrangement?

If you are considering entering into a space sharing arrangement with one or more other lawyers be sure to address your mind to how you will manage issues around liability, conflicts, confidentiality, trust accounting and marketing. Please contact the Law Society if you have any questions and we would be happy to discuss these issues with you.

Page 9: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 9 August 2019

Law Society of Manitoba

Do’s and Don’ts for Sole Practitioners Who Share Space

1. Reviewyour“Firm”Letterhead

• Ensure it clearly states that you are sole practitioners who share space.• Don’t simply put the description in fine print at the bottom of the page; put it at the top of your letterhead.

2. ReviewyourSignageandothermarketingmaterials

• Ensure any signage states clearly that the lawyers are sole practitioners. • Ensure the name and signage leaves no room for the public to be confused and mistake the space-sharing

arrangement as a traditional law firm.

3. ReviewyourWebsiteandothermarketingmaterials

• Your website and other marketing materials should set out clearly that you are sole practitioners who share space.

• Ensure there are no references to the group as a collective legal collaboration or as members of a “team”.• Don’t refer to the total number of years of legal practice, among all of the lawyers who share space.• Guard against anything that could be described as “holding out” as a traditional law firm.

4. TrustAccount

• Open your trust account in your name,as a sole practitioner.

5. Confidentiality

• Ensure that client confidences are protected.• Store your client files separately and securely (physical and electronic).• Do not share networks.• Advise clients that you do not share information with the other lawyers who share space with you and that

you may act for clients who are adverse in interest.

6. ConflictsChecks–GetConsent

• If you do not want to act for adverse clients and need to conduct a conflicts check for that purpose, obtain the consents of your clients to conduct such conflicts searches with the other sole practitioners with whom you share space.

7. RegistrationwiththeLawSociety

• Provide sufficient information about your intended practice arrangements (such as what information may be shared and how the practice will be described). This will be key to whether the space-sharing lawyers will be treated as members of one law firm, for all intents and purposes or in only some respects.

Page 10: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 10 August 2019

Law Society of Manitoba

continued on page 11

Your Valuable Law Firm Dataand the CLIA Cyber Liability Program

Tana Christianson, Director - Insurance

As I write this, the hack of another major credit card company is in the news. Did you know that cyber criminals also target law firms to extort ransom, or to steal information for malicious use or resale? One Manitoba law firm recently fell victim to a crippling ransomware attack by criminals. The attack caused considerable disruption to the firm’s computer systems for a number of weeks and put the firm in a positon where it had to disclose the attack and possibile infiltration to current and former clients and make a report to the Privacy Commissioner of Canada. The firm is still dealing with the fallout but has promised to let me share their story once the dust settles.

CLIACyberCoverage

The mandatory Professional Liability Insurance Policy excludes claims arising out of cybercrime. However, CLIA’s cyber coverage provides some protection for lawyers and their clients to fill that gap. This CLIA cyber policy changed July 1, 2019, with amendments to the deductible which is now $2,500 regardless of the size of the firm or the nature of the claim. This policy applies to all lawyers required to be insured under the mandatory Professional Liability policy.

CLIA’sCoverageDetails

CLIA’s cyber coverage is first response coverage. It is there to help you when you first get hit. It provides $25,000 coverage for privacy breach notifications, and for system and data rectification costs. $10,000 is available to deal with ransom demands. There is also $50,000 to $200,000 coverage, depending on the number of lawyers in a firm, to cover the damage claims injured clients might bring against you arising out of the breach. What this policy does not do is cover you for the interruption to and losses experienced by your business, so firms should consider purchasing more comprehensive cyber business interruption insurance from their tenant and business insurance broker, or as an add-on to their CLIA excess insurance. More information about the coverage is available on the Member’s Portal of our website, including a copy of the policy and a more in-depth explanation.

WhatToDoIfYouAreAttacked

The CLIA cyber policy provides initial/first response coverage geared to law firms experiencing a cyberattack. If you discover your law firm has been the victim of a cyberattack, access the cyber program’s improved 24 hour emergency email and toll-free response number. You will then be referred to the appropriate cyber response team so that you don’t have to deal with a cyber incident on your own, without professional assistance. If your computer is held hostage by ransomware or you experience any other cybercrime event, here’s what you should do:

Page 11: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 11 August 2019

Law Society of Manitoba

Your Valuable Law Firm Data and the CLIA Cyber Liability Programcontinued from page 10

continued on page 12

1. If a particular computer shows signs of a virus or ransomware unplug it from the wall and from the network;2. Call your IT professional and get that person or team working on the issue right away;3. Email a description of the circumstances to [email protected];4. Call 1-833-383-1488 (toll free); and5. Call The Law Society of Manitoba 204-942-5571 and ask to speak to someone in the Insurance Department.

YourDutytoReportUnderPIPEDA

A cyberattack on a law firm now has additional consequences. Under The Personal Information Protection and Electronic Documents Act (PIPEDA) amendments effective November 1, 2018, law firms now have a legal obligation to notify the Privacy Commissioner of Canada, firm clients and third parties of a breach of security safeguards involving personal information under the firm’s control if it is ‘reasonable to believe the breach creates a real risk of significant harm to any individual’. The CLIA cyber policy covers firms for reasonable expenses to contain, investigate and mitigate a privacy breach and to notify the Privacy Commissioner, the affected clients and third parties, up to $25,000.

The website of the Office of the Privacy Commissioner of Canada provides an overview of your new obligations to report privacy breaches in your law firm. For more detailed consideration of reporting requirements, Privacy Please: New Mandatory Breach Reporting Requirements under PIPEDA, a webinar presentation featuring Andrew Buck recorded March 20, 2019 is available on CPD online. (For information on how to register for an account and access these online resources see cpdonline FAQ.)

PreventingCyberAttacks

A cyberattack can be a nightmare. What can you do to reduce your chances of becoming a victim?

1. Hire a competent IT person, either in-house or as an outside consultant. Check their references thoroughly. Make sure you develop a relationship with an IT person who you can trust and that you can understand (at least most of the time).

2. Have an effective back-up system in place, locally and off-site or in the cloud. Have multiple back-ups in place - belts and suspenders!! And test your back-up frequently to make certain it is actually working and that you can retrieve and access the information you have backed-up.

CLIA’s cyber policy and most other cyber policies make it a condition of coverage that you have at least a weekly back-up.

3. Make sure you have a firewall that protects your computer and network from unauthorized access to the system. You can also acquire additional software designed to protect against ransomware and other attacks. Ask your IT person to recommend a firewall and protection software that suits your needs.

CLIA’s cyber policy and commercially available business interruption cyber policies all require installation of a firewall.

4. Make sure that you are downloading and installing any software updates or patches for the programs and computer systems you use. Sometimes these updates are to improve functionality, but a lot of the time software updates are issued because the software developer wants to patch holes that have been discovered in the security features in your programs.

Page 12: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 12 August 2019

Law Society of Manitoba

Your Valuable Law Firm Data and the CLIA Cyber Liability Programcontinued from page 11

5. Ask your IT person about software options that detect malware and ransomware attacks as soon as they begin.

6. Install and run good anti-malware/ransomware/anti-virus software. Again, there are lots of different programs that provide protection against viruses, malware and ransomware. It is important to keep this anti-virus protection up to date by installing all the latest updates and patches. Also, ask your IT professional to regularly update your virus definitions.

CLIA’s cyber policy coverage requires you to have anti-virus and malware endpoint protection on computers, as do most commercial business interruption cyber policies.

7. Run security scans on your computers and your mobile devices (for example, smart phones or tablets that connect to your system) to scan for undetected viruses and threats in your system.

8. Train your people.

A) As the poster in the IT office says: “Be careful. This machine has no brain; use your own.” Firewalls, anti-virus and malware end-point software do provide protection. Regular, effective back-ups are critical. However, viruses, malware and ransomware can still get into your system because people visit bad websites or click on email attachments and links in emails, opening the door to viruses, cyberattacks and ransomware. People may be your greatest vulnerability.

B) Everyone in your office who uses a computer should know how to recognize the signs of a phishing attack. Buy several tubs of popcorn and sit all the lawyers and staff in your office down to watch Avoiding Cyber Dangers, an excellent presentation by Dan Pinnington available from CPD online.

C) Make one of your staff people responsible for keeping up to date on the latest in cyberattacks, ransomware and fraud. This person should then send regular emails to people in your office bringing the new variations to their attention. Avoid a Claim blog is a good place to find out about the latest scams.

D) Lawyers and staff should be taught to examine any links in an email and any attachment to make sure that they are from a reliable source and not a “spoofing” attack.

E) Lawyers and staff should be taught to watch for emails with the attachment .exe, .vbs or .scr, even if it’s from someone they know and/or trust. Friends, clients and associates may have had their addresses “spoofed” or “hijacked” or may themselves be unknowingly infected with a virus.

9. Don’t use public wifi because public wifi doesn’t have good protection. Hackers and viruses can contaminate your system coming in from a device connected to the wifi.

10. Develop a firm-wide policy to put strong passwords in place. Password, lawyer1 and 123456 are not strong passwords.

So, remember it takes steps to protect yourself and your clients’ information from cyberattacks. Back-up, use a firewall and run up-to-date anti-virus/malware software. Educate the people who use the computers in your office. Learn about cyber coverage protection available to your firm.

Page 13: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 1� August 2019

Law Society of Manitoba

2019Important Dates to Note

September 32019/20PractisingFee,ContributionsandProfessionalLiabilityClaimsFund

(2nd Instalment)formemberscalledtotheBar

onJune20,2019PAYMENTDUE

September 32019/20PractisingFeeandContributions

(2nd Instalment)PAYMENTDUE

September 9 to 13CPLEDclasses

September 6 and 7WesternBar

AnnualCPDandMeetingClear Lake, Manitoba

October 1TrustSafetyEducationModule

COMPLETIONDATE

October 3112:30 p.m.

Benchers’Meeting

November 82019PitbladoLectures

November 2250YearLuncheon

December 12019/20Prof.LiabilityClaimsFundContribution

(2nd Instalment)PAYMENTDUE

December 12019/20PractisingFeeandContributions

(3rd Instalment)formemberscalledtotheBaronJune20,2019

PAYMENTDUE

December 2 to 6CPLEDclasses

December 19, 201912:30 p.m.

Benchers’Meeting

In Memoriam

JustinNicholasSilicz, who passed away on June 2, 2019 at the age of 32. Mr. Silicz received his call to the Bar on February 16, 2016. He practised with the firm Pullan Kammerloch Frohlinger for three years in Winnipeg and Morden.

Page 14: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 1� August 2019

Law Society of Manitoba

@lawsocietymb

Trust Safety ProgramExamination Deadline for Trust Account Supervisors

Leah Kosokowsky, Director - Regulation

If you applied to be the trust account supervisor for a trust account that was open prior to April 1, 2019 your approval to act in that capacity is subject to you successfully completing the Trust Accounting Fundamentals education program and examination by October1,2019.

If you have not yet completed the course, visit The Law Society of Manitoba – CPDonline website to access the education materials and exam, using your members’ portal login ID and password.

Before starting this 10 question exam be sure to set aside sufficient time to complete it. Once opened, the exam must be completed.

Please note that the failure to successfully complete the exam by October1,2019 will result in the closure of your trust account.

Page 15: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 1� August 2019

Law Society of Manitoba

As Taylor McCaffrey prepares to move their offices, they have been doing a little housecleaning and donated this photo to the Law Society of Manitoba for our collection. Remo DeSordi tells us they are not sure who is depicted in the photo which appears to have been taken in the Law Courts Library, possibly in the late 1950s or early 1960s.

Eye SpyTana Christianson, Director - Insurance

Our best guess is this is a group of law students who might include the late Taylor McCaffrey founder, D’arcy McCaffrey, who was called to the bar of Manitoba on September 23, 1963 along with others called that same day including Ted Besko, John Brown, Peter Allan Cumming, Alex Doborowolski, Ted Glowacki, Lawrence Greenberg, Robert Hucal, Albert Hunt, Larry Kussin and Harry Scardino. If you can give us any insights into the identity of this group of fine looking young men, please contact me at 204-926-2011 or [email protected].

If you would like a closer look, the picture will be on display in the lobby of the Law Society classroom.

Page 16: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 1� August 2019

Law Society of Manitoba

We wanted to bring this recent Law Society of British Columbia Fraud Alert to the attention of Manitoba lawyers. In our experience, if fraudsters have been successful defrauding lawyers in one Canadian jurisdiction, they will take their fraud ‘on the road’ and try to trap lawyers in other provinces.

Fraudsters Continue to Target BC Lawyers

If you are about to pay out trust funds and your client’s payment instructions change, stop and ensure that the change is legitimate by making direct, in-person contact with your client and follow the tips found here.

Two BC law firms, one in BC’s interior and one in downtown Vancouver, have recently fallen victim to sophisticated social engineering frauds involving millions of dollars. One firm redirected over half a million dollars in sale proceeds that it was holding in trust for a real estate client. The firm’s original instructions were received in-person, from the client. Before wiring the funds to the client as originally instructed, the firm received an email, purportedly from the client but in fact from the fraudster, directing that the funds be wired to a different account. The client never received the funds as the lawyer sent the funds to the fraudster’s account. In this case, the email address used by the fraudster was identical to that used by the client.

The second firm redirected over 1.5 million dollars in investment funds it was holding in trust for a corporate client raising capital in a securities transaction. The firm originally received payment instructions from the corporate client. As in the first fraud, before wiring the funds to the client, the firm received an email, purportedly from the client but that was actually from the fraudster, directing that the funds be wired to a different bank account. The funds were sent to the fraudster and not received by the client. In this case, the email address used by the fraudster was identical to that used by the client, except for one letter.

Protect yourself from liability.

Any time a payment of trust funds is imminent, assume that a hacker is also aware. Any client’s or lawyer’s email account can get hacked allowing a fraudster to perpetrate a social engineering fraud on the lawyer. Establish due diligence protocols for transferring funds and ensure all staff receive training and adhere to them. Insurance is available on the commercial market to respond to social engineering frauds so talk to your broker as limited protection is provided to you through Part C of the policy.

SCAMMERS REPLICATING LAW FIRM WEBSITES: BC lawyers continue to report that scammers have replicated their law firm websites, giving the firm a new name (sometimes a name similar to a legitimate firm) and inserting a phony lawyer’s name and contact information. The scammers often ask individuals to claim, in partnership with the phony lawyer, that they are a beneficiary under a life insurance policy of a deceased client of the fake lawyer. Some firms have successfully gotten the phony law firm websites taken down.

VACATION ALERT: Be on high alert for scams during vacation. Arrange for a competent lawyer to supervise your practice and provide your contact information to the lawyer and your staff. Your staff are not in a position to deal with trust funds, except in accordance with the BC Code and Law Society Rules, and should not be left without proper supervision (see BC Code, Chapter 6 and Law Society Rules 3-64 to 3-66).

This article can be found here:https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/lawyers-insurance-fund/fraud-prevention/fraud-alerts/fraud-alert-august-6,-2019/

Fraud AlertTana Christianson, Director - Insurance

Page 17: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 1� August 2019

Law Society of Manitoba

GREAT LEXPECTATIONSKaren Sawatzky, Director - Legal Resources

How swiftly the summer rushes by. Articling students have been on the job for a few months, and summer students are wrapping up their assignments in anticipation of returning to law school. Are they aware of the help they can get from the library? For those working in downtown Winnipeg, we have an extensive print collection available to borrow. For those out of town, we can selectively scan sections of texts and email them to you, subject to copyright and licensing restrictions.

For all lawyers, including articling students, there are numerous resources available by signing in to your Member’s Portal. You can discover these resources using the guide we’ve published, available on our Legal Ease page.

Please feel free to contact the library for any of your legal research needs.

Karen [email protected]

http://www.lawsociety.mb.ca/manitoba-law-librarieswww.lawlibrary.ca

204-945-1958

Page 18: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 1� August 2019

Law Society of Manitoba

Articling StudentsJoan Holmstrom, Director - Competence and CPLED Manitoba

The Law Society often receives resumes from people eligible to start articles at any time and also from students still in law school who are looking for articles for the following year. The Law Society offers to hold these resumes in case a workplace contacts the Society advising that it is looking for a student. In response, all resumes the Society has on hand for the period of inquiry in question are forwarded. Right now the Society has over 20 resumes on hand from people eligible to start articling at any time and a further 3 resumes from people going into 3rd year law looking for a position for the 2020-21 articling cycle. The resumes that we have reveal a group of talented people that come with all kinds of skills and experience. Some have been lawyers for several years in other countries, working for large corporations or government agencies. Some have work experience as legal assistants. If you are interested in taking on an articling student, please contact Joan Holmstrom 204-926-2017 and she can provide you with resumes for you to review.

Dates For 2019-2020 CPLED Course Year

September9to13,2019 In person – Instruction Week

September24,2019toNovember19,2019 Online Modules Begin

December2toDecember6,2019 In person – Instruction Week

December9,2019 Students must have articling position or will be unable to continue with CPLED

December10toDecember17,2019 Online Module

January7toJanuary28,2020 Online Module

February3to7,2020 In person – Instruction Week

February11toMarch26,2020 Online Modules

June18,2020 Call to the Bar

FebruarytoOctober2020 CPLEDPrepProgramPilotProject

Page 19: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 19 August 2019

Law Society of Manitoba

Last Session of “CPLED Program”What’s Next?

Joan Holmstrom, Director - Competence and CPLED Manitoba

Over the years you will have heard the term CPLED used to describe Manitoba’s bar admission course. CPLED, however, is not a program so much as it is an organization. The acronym CPLED stands for the Canadian Centre for Professional Legal Education. It was created by the Law Societies of Alberta, Saskatchewan and Manitoba to develop a unified bar admission course to be delivered in each of those three jurisdictions. The course came to be known as the CPLED Program.

Prep

Over the last year and a bit, CPLED has been developing a new bar admission program. It will fully launch in the fall of 2020. This bar admission program will have its own name, PREP. PREP stands for Practice Readiness Education/Evaluation/E-learning/Experiential Program. Most of content delivery will still be online. There will be occasions where the students do need to attend the Law Society for course work and at the very end of the program for in person evaluation in the Capstone week. PREP aims to build articling students’ competencies over the period that the program runs rather than expecting competencies equivalent to an entry level lawyer to be apparent right from the start.

PREP will provide a much more interactive online learning experience than the current CPLED program. When not attending at the Law Society for a face to face session, students will still be required to participate in online learning and evaluations which may require more than one cumulative assignment to be handed in over the course of a week. Workplaces will need to be sure that they provide their students with sufficient time over the course of their articles to attend to this. Students will be engaging in work that will mirror what can take place in an actual office, including using practice management software to open files, do conflict checks, record time and bill. PREP will be equivalent to an additional ongoing file for which an articling student is responsible.

Prep Pilot Offering

CPLED will be offering a pilot of the PREP program for articling students that were not able to start their articles in time to join the fall CPLED program or who obtain their certificate of qualification from the Federation of Law Societies prior to January 2020 and have a contract to start their articles before May 2020. It will run from February 2020 to October 2020. It is anticipated that participants in this program will be eligible for call in November 2020, assuming that they have completed their articles by then. Tuition fee is set at $1,532.00 + GST. This is less than the current CPLED Program and will be less than PREP’s tuition.

CPLED Legacy Program

So that is what is in store for next year’s articling students. This year’s articling students will participate in the CPLED program running from September 2019 to April 2020. Participation is mandatory for all students. The students will be attending at the Law Society for course work and evaluations for three modules running during the weeks of September 10, December 2 and February 3. In addition to those attendances, students are required to complete all of the online assignments and evaluations in the other seven modules. Workplaces are reminded to allow their students time to get the online work completed fully and handed in on time. Successfully completing the CPLED program is a component of being eligible to be called to the Bar of Manitoba and having the tools to be able to be a practicing lawyer.

For more information, please contact Joan Holmstrom at 204-926-2017.

Page 20: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 20 August 2019

Law Society of Manitoba

1. I was delighted to see that on the same day as our own benchers met in June, Malcolm Mercer was elected to his second term as Treasurer of the Law Society of Ontario. Malcolm brings an enormous amount of experience in the regulation of the Legal Profession and great value to discussions at the Federation of Law Societies and across the country.

2. If you attended this year’s Call to the Bar, you will have heard the keynote speaker, MadameJusticeKayeDunlop confess that she was so excited when she was called back in 1984 that she may have neglected to sign the rolls. Just for the record, and to put everyone’s mind at ease, (including that of Chief Justice Joyal who was witness to the confession), I checked the rolls on return to the Law Society and sure enough, Justice Dunlop was officially called to the Bar.

3. In the last issue of the Communiqué, I apparently noted that those of you who have been approved as Trust Account Supervisors had until October 1, 2029 to successfully complete the trust safety program and exam. Although I heard from a number of you (some of whom were concerned as to whether you would be alive let alone practising by then) the quickest off the mark was RobertDawson. Rather than seeking a cash prize for spotting the typo, (in case there is any doubt it is October 1, 2019), he settled for chocolate. I am sending him a Law Society of Manitoba toque instead, which will quickly become a coveted collector’s item as we move ahead with new Law Society branding this fall.

4. I traveled to Calgary to attend a CPLED board meeting the week of July 8, 2019 which was an experience for many reasons. Consistent with our attendance at the same meeting last year, Air Canada managed to delay our departure. At least this time, it was only a number of hours rather than a full day late. I was able to pass the time with my fellow board member IreneHamilton,Q.C., resplendent in a cowboy hat, as stampede week in Calgary apparently requires those attending meetings to come in “western wear”.

5. We have a new staff person at the Law Society. LeslieSupnet joined us at the end of June in the role of Multi-Media Coordinator. Leslie is based in the Education and Competence Department and will assist with programs and communications and also assist our IT staff with the increasingly complex AV and technology set up for CPD events.

6. We have a new Law Society baby in our midst. On August 11, 2019, Isaac Cole Southall was born to KellySouthall from our Audit Department and her husband, ColeSouthall, a former summer student at the Law Society before joining Fillmore Riley LLP. And the proud grandma is our President AnitaSouthall.

Bits&BytesKris Dangerfield, Chief Executive Officer

7. Every two years we celebrate the lawyers in the province who have practised 50 years at the Bar. This year is no exception and we will be hosting a luncheon for those lawyers on Friday, November 8, 2019. This is a very special event that I hope you will consider attending. Over the summer I ran into JackMcJannet at Clear Lake, who had practised law from 1962 until his retirement in 2016. He proudly showed me his 50 year watch, although he seemed somewhat surprised that it was still ticking. We will share with you a more formal notice of the luncheon this fall, but in the meantime please consider marking it in your calendar.

Page 21: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 21 August 2019

Law Society of Manitoba

President’s ReceptionOn June 27, 2019, the Law Society held a reception at the Fort Garry Hotel to honour our 99th President, Anita Southall, and to thank the many volunteers

who contribute so much time to the Law Society.

Page 22: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 22 August 2019

Law Society of Manitoba

NOTICE OF ADMINISTRATIVE SUSPENSION

TAKENOTICE that effective August 2, 2019,KELLYALLANHJORTH, a barrister and solicitor and member of The Law Society of Manitoba, was automatically suspended from the practice of law by operation of Rule 2-83 of The Rules of The Law Society of Manitoba for failing to pay his contribution to the professional liability claims fund or provide proof of exemption for the period ending June 30, 2020 within thirty days of the due date.

DATEDat the City of Winnipeg, in the Province of Manitoba, this 6th day of August, 2019.

LeahKosokowskyDirector - Regulation

NOTICE OF SUSPENSION

TAKENOTICE that by resolution of the Complaints Investigation Committee of The Law Society of Manitoba, effective the 17th day of July, 2019, PAULRICHARDHESSE is suspended from practising law pursuant to Section 68 of The Legal Profession Act, pending completion of an investigation into his conduct and any disciplinary proceeding that may follow.

TAKE FURTHER NOTICE that pursuant to Section 37 of The Legal Profession Act, the permit of PAULR.HESSELAWCORPORATION to practise law is suspended, effective the 17th day of July, 2019.

DATEDat the City of Winnipeg, in the Province of Manitoba, this 17th day of July, 2019.

KristinDangerfieldChief Executive Officer

Page 23: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2� August 2019

Law Society of Manitoba

RRIICCHHAARRDD JJ.. SSCCOOTTTT AAWWAARRDD

Call for Nominations The Richard J. Scott Award is presented annually by the Law Society of Manitoba to an individual who advances the rule of law through advocacy, litigation, teaching, research or writing. Activities that support an independent judiciary, an independent legal profession, access to legal services, access to justice, and public interest advocacy are all eligible.

The award honours former Chief Justice Richard Scott, who served as Manitoba’s Chief Justice for over 20 years and is a Past President of the Law Society of Manitoba. The award is presented in conjunction with the annual Pitblado Lectures which take place on November 8, 2019. The Honourable Mr. Scott will serve as Chair of the Selection Committee. The deadline for nominations is September 27, 2019. Nominations can be sent to: Chief Executive Officer The Law Society of Manitoba

200 - 260 St. Mary Avenue Winnipeg, MB R3C 0M6

or by e-mail to Pat Bourbonnais at [email protected]. Nominations should be accompanied by the nominee’s c.v. and an explanation as to why the nominee deserves this award. For more information, contact Kris Dangerfield at 204-926-2013 or by e-mail at [email protected].

Page 24: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2� August 2019

Law Society of Manitoba

CongratulationstothefollowingnewlawyerswhowereCalledtotheBarofManitoba

intheMassCallonJune20,2019:

Adeler, Monica Almonte, Jerica Al-Naji, Yassir Alward, Mark Asif, GulrukhAyala, Mercedes Badohal, Chaman Bars, Richard Beaulieu, Errick Beaupré, Joshua Bellan, Michael Billinkoff, Mitchell Bissoon, Jasmine Bogucki, Laryssa Boult, ThomasBruce, Kevin Buchko, Kaitlan Cheys, Amanda Christie, Caroline Cox , Robert Czyrnyj, Elizabeth De Sousa, ZitaDi Lorenzo, RenatoDoyle, NicolasDueck , Matthew

Echezona, Ifeyinwa Favreau, AlexanderFehr, BrittneyFraser, RobynGarber, SheaGelhorn, AmyGergely, LaurenGietz, JesseGoodman, BrittanyGrunau, DarrenHancock , BlaineHarms, MichelleHarrington, JaneHirsch, DavisHoyt, BrittneyJohnson, BenjaminKahlon, ArshdeepKaita, RyanKaufmann, AshleyKidder, KatherineKing, JeffreyLacey, CarolineMacleod, JasonMagnifico, DanielleManhas, Aqvar

McAmmond, IanMcKay, JeremyMeek , CharlotteMoore, KaraMuirhead, GwenNerbas, MichaelNolan, RileyNordlund, JonathonPearlman, MadisonPilek , SydneyReimer, DanielSchade, KelseySchott, BonnieSmart-Carvalho, ConstanciaSmorang, JeffreySuderman, ChelseaSuderman, ValerieSymington, JessicaTofangsazan, MonavarehVartsakis, KonstantinosWeir, Victoria Yarish, Brendon Zacharias, MichaelZorde, Erin

Presentation of the diplomasPresentation of the diplomas

Page 25: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2� August 2019

Law Society of Manitoba

2019 Call to the BarJune 20, 2019

Centennial Concert Hall

Hon. Justice David Kroft presents theA. Montague Israels, Q.C. Prize to

Daniel Reimer

Presentation of the diplomas

Hon. Madam Justice Kaye E. Dunlopaddresses the new members.

Class of 2019

Page 26: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2� August 2019

Law Society of Manitoba

Membership Changes

The following members have changed their membership status effective on the date shown:

Inactive to Practising:

June 17, 2019 Erin J. CoyneJune 24, 2019 Johanna A. WillowsJuly 2, 2019 Amanda R. CheysJuly 2, 2019 Samantha J. GoodineJuly 2, 2019 Ian A. McAmmondJuly 8, 2019 Brittany K. GoodmanJuly 8, 2019 Caroline N. LaceyJuly 10, 2019 Faye A. BrandsonJuly 29, 2019 Liam G. BlackAugust 1, 2019 Thomas B. BoultAugust 1, 2019 Michelle L. HarmsAugust 1, 2019 Omolara O. BadmusAugust 1, 2019 Catherine A. KellyAugust 1, 2019 Jill K. DuncanAugust 6, 2019 Carolyn J. Frost

Non-Practising to Practising:

July 1, 2019 Paul L. JensenJuly 3, 2019 Julie DinhJuly 8, 2019 Laryssa T. BoguckiJuly 22, 2019 Kara-Anne YarenAugust 1, 2019 Hayley B. MainAugust 1, 2019 Benjamin Knana BassiAugust 1, 2019 Jane A.M. Harrington

Practising to Non-Practising:

June 24, 2019 Mason GouldenJune 29, 2019 Harold J.M. PrudenJune 30, 2019 David CheopJune 30, 2019 Catherine L. DunnJune 30, 2019 Ram K. AgrawalJune 30, 2019 Michael H.D. GreenJuly 1, 2019 Jill N. QuiltyJuly 1, 2019 Mitchell E. KredentserJuly 4, 2019 J. Robyn OleskyAugust 1, 2019 Kaitlyn M. GrahamAugust 1, 2019 Patrick O. DurhamAugust 1, 2019 Andrea B. ArmstrongAugust 2, 2019 Alyssa B. MunceAugust 3, 2019 Krista L. BoryskavichAugust 5, 2019 Jasmine J. Zurbriggen

Practising to Inactive:

May 31, 2019 Ellen J. HenryJune 12, 2019 Andrew M. MacIsaacJune 21, 2019 Amrita SidhuJune 27, 2019 Shauna L. McCarthyJune 27, 2019 Anne M.E. TurnerJune 28, 2019 Donna J. MillerJune 28, 2019 Stefanie T. GoldbergJune 29, 2019 Walter J. KehlerJune 30, 2019 Paul D. SimmsJune 30, 2019 Graham R. NatressJuly 1, 2019 Gerald S. AshcroftJuly 10, 2019 Zia S. WaseerJuly 31, 2019 Heather A. Dixon

New Admissions:

May 14, 2019 Herminina Angeles

Practising to Suspended:

July 17, 2019 Paul R. Hesse

Page 27: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2� August 2019

Law Society of Manitoba

A H I S TO RI C D I N N E R W IT H T H E J US T I C ES O F T H E SU PREME COU RT O F C A N A DA

A N D TH E M A N ITO BA COU RT O F A PPE A L

U N E SO I RÉ E H I S TO RI QU E AV EC LES J UG ES D E L A COU R SU PRÊME DU C A N A DA

E T L A COU R D’A PPE L DU M A N ITO BA

UP CLOSE &PERSONAL SUPRÊME

TÊTE-À-TÊTE

Le jeudi 26 septembre 2019Réception : 18 h | Dîner : 19 h Centre des congrès RBC 375, avenue YorkWinnipeg, Manitoba (Tenue d’affaires)

Veuillez vous rendre sur le sitewww.nji-inm.ca/sccdinner-dinercscafin d’acheter des billets pour cetévénement mémorable pour la professionjuridique. Pour de plus amples informations, veuillez envoyer uncourriel à : [email protected]

Thursday, September 26, 2019Reception: 6 p.m. | Dinner: 7 p.m. RBC Convention Centre 375 York AvenueWinnipeg, Manitoba (Business Attire)

Please visit www.nji-inm.ca/sccdinner-dinercsc to purchasetickets to this memorable event for the legal profession. For more information, please email:[email protected]

Page 28: The Law Society of Manitoba Communiqué 2

Communiqué 2.0 Page 2� August 2019

Law Society of Manitoba

The Law Society of Manitoba

PresidentAnita Southall

Vice-PresidentLynda Troup

Chief Executive OfficerKristin Dangerfield

Director of RegulationLeah Kosokowsky

200 - 260 St. Mary AvenueWinnipeg, Manitoba

R3C 0M6

Telephone: 204-942-5571Fax: 204-956-0624

www.lawsociety.mb.ca

The Canadian Bankers Association (“CBA”) has provided the Law Society with an updated list of bank officials to contact in the case of delays in the discharge of mortgages.

CLICK HEREto see the listing at the end of this publication.

September 3rd

2nd InstallmentPractising Fees Due

An email was distributed on July 31st to remind lawyers who pay practising fees by the installment plan, that the 2nd installment is due on September 3rd.

Please refer to your personalized invoice for the 2019-2020 practising fees in the Member’s Portal on the Law Society website.

If you require assistance, please contact:

Carol Hiebertat 204-926-2046 or [email protected]

Paying YourPractising Fees by Installment?There’s a New Due Date!

DISCIPLINECASE DIGEST

You will find these new postings under the Lawyer Regulation/Discipline Case Digests section

of the Law Society Website:

18-05Jonathan Andrew Richert18-06Paul Sydney Vyamucharo-Shawa18-07 Midori Adachi19-01 Member A

Page 29: The Law Society of Manitoba Communiqué 2

CPCaDlendar of Events

2019

Jointly presented by The Law Society of Manitoba and the Western Bar Association

New Anti-Money Laundering Rules

The Western Bar will be the first to hear the details surrounding the new Law Society Rules to address the issues of

money laundering and terrorist financing. The Rules come into effect January 1, 2020.

It is very important for all lawyers to understand these Rules and to implement processes to comply. Attend this

session to get the facts.

Presenters:

Kristin Dangerfield, Chief Executive Officer, Law Society of Manitoba

Leah Kosokowsky, Director of Regulation, Law Society of Manitoba

Sean Shore, Canadian Compliance & Regulatory Law

Well-Being in Your Workplace: What Law Firms Can Do

There are many reasons you keep hearing about the importance of wellness in the legal profession. The statistics are

concerning and the impact of these issues on both the individual and the firm’s ability to be as successful as possible is

without question. Judge Timothy Daley from the Nova Scotia Provincial and Family Court will be at Clear Lake to

provide you with guidance on what you can do to promote, support and accommodate well-being in your offices.

Presenter: The Honourable Judge Timothy Daley, Nova Scotia Provincial and Family Court

Law Society of Manitoba

September 6, 2019 | 9:00 a.m. to 12:00 noon

Elkhorn Resort & Conference Centre, Clear Lake, MB

The Bills of Exchange Act

The 2019 Isaac Pitblado Lectures

Capacity to Decide: Planning for Death and Dying

5th Annual Child Protection Program

Program Highlight

October 3, 2019 | 12:00 noon to 1:30 p.m.

November 8, 2019 | 9:00 a.m. to 4:30 p.m.

November 29, 2019 | 9:00 a.m. to 4:00 p.m.

Upcoming Programs

Western Bar Annual CPD

October 24, 2019

Sexual Harassment in the Workplace in the

#MeToo Era: What You Need To Know

Presenters: Christine Thomlinson, Rubin Thomlinson LLP (Toronto, ON) Garth Smorang, Q.C., Myers LLP Tracey L. Epp, Pitblado LLP Alissa Schacter, Equity Officer and Policy Counsel, Law Society of Manitoba

Save the Date

Page 30: The Law Society of Manitoba Communiqué 2

2019 Isaac Pitblado LecturesCapacity to Decide: Planning for Death and Dying

Friday, November 8, 2019 | 9:00 a.m. - 4:30 p.m.Fort Garry Place, Grand Ballroom

This year's Pitblado Lectures will provide thought provoking presentations aswell as concrete guidance for practitioners on topics including:

Testamentary CapacityPredatory MarriagesMedical Perspective on CapacityVideo Recording Will Instructions

Featured out of province speakers include Professor Albert H. Oosterhoff(Oosterhoff on Wills, 8th ed. and Oosterhoff on Trusts: Text, 9th ed.) and

Kimberly A. Whaley, of the Toronto litigation firm Whaley Estate Litigation Partners.

Professor Albert H. OosterhoffFirm Counsel, WEL PartnersProfessor Emeritus,

Faculty of Law, Western University

Kimberly A. WhaleyPrincipal, WEL Partners

Stay tuned for updated information and speaker announcements on thePitblado website: www.pitbladolectures.com

Early Bird Registration is now openuntil Friday, October 4, 2019.

Eligibility for CPD Hours:

Capacity AssessmentsAssisted Dying - Constitutional,philosophical and ethical issuesHow Medical Assistance in Dying(MAiD) works in Manitoba

REGISTERNOW

This program may be reported for up to 6 hours of eligible CPD activity,including 1.5 hours of EPPM.

Jointly presented by The Law Society of Manitoba, the Manitoba Bar Association andthe University of Manitoba, Faculty of Law

Page 31: The Law Society of Manitoba Communiqué 2

CBA Contact List for Matters Involving Mortgage Discharges

Bank Contact Information

Bank of Montreal All inquiries: Contact the office that provided the payout documentation Escalation only: For all provinces except Quebec: [email protected] Quebec: [email protected]

CIBC All inquiries: CIBC Mortgages Inc (Registered as CIBC Mortgages Inc.) Mortgage Call Centre: 1-888-264-6843 Simplii (Registered as CIBC Mortgages Inc.) Mortgage Call Centre: 1-888-866-0866 option 3 FirstLine Mortgages (Registered as CIBC Mortgages Inc.) Mortgage Call Centre: 1-800-970-0700 Collateral Mortgages (Registered as Canadian Imperial Bank of Commerce) CIBC: contact the local branch of account President’s Choice Financial (Secured Borrowing Accounts): 1-888-872-4724 or 1-888-723-8881 Escalation only: [email protected] Secondary: Lou Silva Senior Manager, Retail Mortgage Operations [email protected]

Canadian Western Bank

All inquiries: Contact the office that provided the payout documentation Escalation only: Lucia Bermedo 780-423-9732 [email protected]

Equitable Bank All inquiries: [email protected]

Escalation only: Becky Leibold Director, Mortgage Services [email protected]

Page 32: The Law Society of Manitoba Communiqué 2

Bank Contact Information

Home Capital / Home Trust / Home Bank

All Inquiries: Home Bank Service Centre 1-855-270-3630 Escalation Only: Miki Asano VP Customer Experience [email protected]

HSBC All inquiries: Contact the office that provided the payout documentation Escalation only: HSBC Bank Canada; HSBC Trust Company (Canada):

June Yao Assistant Manager, Unit Operations Secured Lending West (Maintenance/Security) [email protected] [email protected] Secondary: Ruby Callahan Senior Operations Specialist Secured Lending West [email protected] HSBC Finance Mortgages; Household Realty Corporation Limited Liliana Terriaca [email protected]

Laurentian Bank of Canada

All inquiries: For Quebec LBC branches and LBC Ottawa branch number 118 Fax number: 514-284-4659 or 1-877-355-0055. For B2B Bank Shirin (Sherry) Sharif Senior Manager, Credit 416-865-5707 (65707) [email protected] Backup: Jonathan Chavez Vice President, Operations (Administration) Phone: 416-865-5768 Mobile: 437-778-7283 Email: [email protected]

Manulife Bank of Canada All inquiries: Manulife Bank Service Centre 1-877-765-2265 Escalation only: Kendra Lowry Director, Mortgage Services, Bank Admin 519-594-8214 [email protected]

Page 33: The Law Society of Manitoba Communiqué 2

Bank Contact Information

National Bank Financial Group

All inquiries: Contact the office that provided the payout documentation Escalation only: Discharge department 1-800-361-8688, ext. #20360 [email protected]

Royal Bank All inquiries: Contact the office that provided the payout documentation Escalation only: 1-844-418-9436 [email protected]

Scotiabank All inquiries: Contact the office that provided the payout documentation Escalation only: For all provinces except Quebec: [email protected] Quebec: [email protected]

TD Canada Trust All inquiries: Contact the office that provided the payout documentation Escalation only: Ontario: [email protected] or [email protected] and [email protected] Western Provinces and Territories: [email protected] or [email protected] Quebec and Atlantic Provinces: [email protected] and [email protected]

Tangerine Bank Escalation only: [email protected] Secondary: Nassur Ibrahim Client Business Support [email protected]

Page 34: The Law Society of Manitoba Communiqué 2

Bank Contact Information

Wealth One Bank of Canada

All inquiries: [email protected] Escalation only: Angie Marra, Director, Operations [email protected]

Updated: April 22nd, 2019

Page 35: The Law Society of Manitoba Communiqué 2

Liste des personnes-ressources pour les dossiers de quittance hypothécaire

Banque Coordonnées

Banque de Montréal Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur Québec : [email protected] Les autres provinces : [email protected]

Banque CIBC Toutes les demandes de renseignement Hypothèques CIBC inc. (enregistrée sous Hypothèques CIBC inc.) Centre d’appels pour hypothèques : 1-888-264-6843 Simplii (enregistrée sous Hypothèques CIBC inc.) Centre d’appels pour hypothèques : 1-888-866-0866, option 3 Hypothèques FirstLine (enregistrée sous Hypothèques CIBC inc.) Centre d’appels pour hypothèques : 1-800-970-0700 Hypothèques accessoires (enregistrée sous Banque Canadienne Impériale de Commerce) CIBC : Communiquer avec la succursale du compte Services financiers le Choix du Président (comptes d’emprunts garantis) : 1-888-872-4724 ou 1-888-723-8881 Porter le dossier à un échelon supérieur [email protected] Secondaire Lou Silva Directeur, Prêts hypothécaires de détail [email protected]

Banque canadienne de l’Ouest

Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur Lucia Bermedo 780-423-9732 [email protected]

Banque Équitable Toutes les demandes de renseignement [email protected] Porter le dossier à un échelon supérieur Becky Leibold Directrice, Service des prêts hypothécaires [email protected]

Page 36: The Law Society of Manitoba Communiqué 2

Banque Home / Home Capital / Home Trust

Toutes les demandes de renseignement Centre de service Banque Home : 1-855-270-3630 Porter le dossier à un échelon supérieur Miki Asano Vice-président, Expérience client [email protected]

Banque HSBC

Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur Banque HSBC Canada; Société de fiducie HSBC (Canada) : June Yao Directrice adjointe, Exploitation de division Prêts garantis, Ouest (entretien/service) [email protected] [email protected] Secondaire Ruby Callahan Spécialiste principale de l’exploitation Prêts garantis, Ouest [email protected]

Financement hypothécaire HSBC; Household Realty Corporation Limited Liliana Terriaca [email protected]

Banque Laurentienne du Canada

Toutes les demandes de renseignement Succursales BLC au Québec et succursale BLC 118 à Ottawa Télécopieur 514-284-4659 ou 1-877-355-0055 Banque B2B Shirin (Sherry) Sharif Directrice principale, Crédit 416-865-5707 (65707) [email protected] Remplaçant Jonathan Chavez Vice-président, Opérations (administration) Tél : 416-865-5768 Cell. : 437-778-7283 [email protected]

Page 37: The Law Society of Manitoba Communiqué 2

Banque Manuvie du Canada

Toutes les demandes de renseignement Centre de service de la Banque Manuvie : 1-877-765-2265 Porter le dossier à un échelon supérieur Kendra Lowry Directrice, Prêts hypothécaires 519-594-8214 [email protected]

Banque Nationale du Canada

Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur Service des quittances 1-800-361-8688, poste 20360 [email protected]

Banque Royale du Canada

Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur 1-844-418-9436 Courriel : [email protected]

Banque Scotia Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur Québec : [email protected] Les autres provinces : [email protected]

Banque TD Canada Trust

Toutes les demandes de renseignement Communiquer avec le bureau qui a fourni la documentation de remboursement. Porter le dossier à un échelon supérieur Québec et provinces de l’Atlantique [email protected] ou [email protected] Ontario [email protected] ou [email protected] ou [email protected] Provinces et territoires de l’Ouest [email protected] ou [email protected]

Banque Tangerine Porter le dossier à un échelon supérieur [email protected] Secondaire Nassur Ibrahim Soutien à la clientèle [email protected]

Page 38: The Law Society of Manitoba Communiqué 2

Banque Wealth One du Canada

Toutes les demandes de renseignement [email protected] Porter le dossier à un échelon supérieur Angie Marra, Directrice, Opérations [email protected]

Mise à jour : 22 avril 2019