The Law Society of Newfoundland and Labrador

2009 - 2010 Annual Report

Print Three

This Report covers the periodMay, 2009 to May, 2010

The Law Society of Newfoundland and LabradorAnnual Report 2009 - 2010ISBN 978-1-926574-29-5

Law Society Seal:Gerald Squires, RCA, LL D

Published by The Law Society of Newfoundland and Labrador

The Law Society of Newfoundland and Labrador

Annual Report2009 - 2010

CONTENTS

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

Law Society and Library Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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

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

President’s Annual Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Vice-President’s Annual Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Bar Admission Course Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Continuing Legal Education Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Education Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Insurance Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Library Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Professionals’ Assistance Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Student Awards Committee Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Auditors’ Report and Financial Statements, Law SocietyFiscal Year Ended December 31, 2009

Auditors' Report and Financial Statements, Lawyers' Insurance ProgramFiscal Year Ended June 30, 2009

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BENCHERS

Officers:

President: Irene S MuzychkaVice-President: Glen L C Noel

Elective Benchers

Eastern District:

Kenneth L Baggs, QCAugustine F BruceR. Paul BurgessMorgan C CooperBarry G Fleming, QCBrenda B GrimesSusan M LeDrewLiam P O'BrienTerry G RoweIan C Wallace

Central District:

Marcus A EvansKevin TA Preston

Western District:

Shawn C A ColbourneGeorge L Murphy, QC

Labrador District:

J John Noseworthy

Honorary Benchers

Lewis B Andrews, QCJeffrey P Benson, QCV Randell J Earle, QCJ David B Eaton, QCFrancis P Fowler, QCJ Vernon French, QCBrian F Furey, QCThe Hon Mr Justice W GoodridgeThe Hon Chief Justice J D GreenThe Hon Gloria HardingEdward M Hearn, QCThomas R Kendell, QCR Barry Learmonth, QCDana K Lenehan, QC

Augustus G Lilly, QCDennis C MacKay, QCG David Martin, QCPaul M McDonaldStephanie L Newell, QCM Francis O’Dea, QCThomas J O’Reilly, QCErnest G Reid, QCJohn F Roil, QCThe Hon Mr Justice D RussellRobert M Sinclair, QCThe Hon Robert WellsMarina C Whitten, QCSheila H Greene, QC

Appointed Benchers

Don Downer Glenda ReidLinda Harnett Bert Riggs

Ex Officio Bencher

Christopher P Curran, QC, Registrar

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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 J Little, QC 1877 T I Keough, QC1885 Robert J Kent, QC 1879 Prescott Emerson, QC1893 Sir Wm V Whiteway, KCMG, QC 1885 Prescott Emerson, QC1908 Sir James S Winter 1889 A J W McNeily, QC1911 Daniel J Greene, KC 1895 D M Browning1912 Donald Morrison, KC 1914 C O’N Conroy1919 J A Clift, KC 1916 C H Emerson, KC1923 P F Summers, KC 1919 Rt Hon Sir Wm Lloyd1927 W R Howley, KC 1937 J G Higgins, QC1941 C O’N Conroy, KC 1947 J A Barron, QC1947 John G Higgins, QC 1958 G M Stirling, CM, QC1958 R S Furlong, QC 1959 T A Hickman, QC1959 G M Stirling, CM, QC 1967 D A Mercer, QC1971 R W Bartlett, QC 1974 Noel Goodridge, QC1974 Donald A Mercer, QC 1976 Francis P Fowler, QC1977 Robert Wells, QC 1981 Ernest G Reid, QC1981 Francis P Fowler, QC 1982 Thomas J O’Reilly, QC1982 Ernest G Reid, QC 1983 M Francis O’Dea, QC1983 Thomas J O’Reilly, QC 1984 Peter W Strong, QC1984 M Francis O’Dea, QC 1985 David L Russell, QC1985 Peter W Strong, QC 1986 G David Martin, QC1986 David L Russell, QC 1986 J Vernon French, QC1986 G David Martin, QC 1987 Lewis B Andrews, QC1987 J Vernon French, QC 1988 John F Roil, QC1988 Lewis B Andrews, QC 1989 J Derek Green, QC1989 John F Roil, QC 1990 R Barry Learmonth1990 J Derek Green, QC 1991 Thomas R Kendell, QC1991 R Barry Learmonth 1992 Augustus G Lilly, QC1992 Thomas R Kendell, QC 1993 V Randell J Earle, QC1993 Augustus G Lilly, QC 1994 Reginald H Brown, QC1994 V Randell J Earle, QC 1995 Dana K Lenehan, QC1995 Reginald H Brown, QC 1996 Gloria Harding1996 Dana K Lenehan, QC 1997 J David B Eaton1997 Gloria Harding 1998 Dennis C MacKay1998 J David B Eaton 1999 Robert M Sinclair, QC1999 Dennis C MacKay 2000 Jeffrey P Benson2000 Robert M Sinclair, QC 2001 William H Goodridge, QC2001 Jeffrey P Benson, QC 2002 Stephanie L Newell2002 William H Goodridge, QC 2003 Brian F Furey2003 Stephanie L Newell 2004 Edward M Hearn, QC2004 Brian F Furey 2005 Paul M McDonald2005 Edward M Hearn, QC 2006 Marina C Whitten2006 Paul M McDonald 2007 Sheila H Greene, QC2007 Marina C Whitten 2008 Irene S Muzychka2008 Sheila H Greene, QC 2009 Glen LC Noel2009 Irene S Muzychka

Treasurers / Presidents Secretaries / Vice-Presidents of the Law Society of the Law Society

— 1834-1845 Records of the Society were destroyed in the Great Fire of June 9, 1846 —

LAW SOCIETY AND LIBRARY STAFF

Directors: Phyllis E Weir

Francis P O'Brien

Librarians: Gail A Hogan

Heather A Myers

Accountant: Judith G Pardy

Administrators: Janice K Whitman Insurance

Pamela A Marks Professional Responsibility

Administrative Assistants: Anne P Cross Professional Responsibility

Regina M Whitty Education

S Renee Whalen Administration

Tanya M Johnson Library/Reception

Lisa E Kennedy Custodianship

Erin K Rowe Accounting

Maintenance: Donald Norman

Technician: Brenda Blunden Library Part-time

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MEMBERSHIP

Membership Statistics as of May, 2010:

Practising: 499

Practising Uninsured: 195

Non-Practising: 222

Life: 15

TOTAL 931

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

1950 - 66

1951 - 64

1952 - 66

1953 - 69

1954 - 72

1955 - 75

1956 - 73

1957 - 76

1958 - 76

1959 - 77

1960 - 81

1961 - 83

1962 - 86

1963 - 86

1964 - 86

1965 - 86

1966 - 86

1967 - 89

1968 - 106

1969 - 110

1970 - 124

1971 - 129

1972 - 129

1973 - 145

1974 - 153

1975 - 179

1976 - 189

1977 - 203

1978 - 237

1979 - 261

1980 - 281

1981 - 316

1982 - 333

1983 - 351

1984 - 371

1985 - 378

1986 - 394

1987 - 408

1988 - 435

1989 - 445

1990 - 477

1991 - 514

1992 - 560

1993 - 588

1994 - 617

1995 - 635

1996 - 669

1997 - 683

1998 - 706

1999 - 728

2000 - 750

2001 - 767

2002 - 772

2003 - 798

2004 - 808

2005 - 832

2006 - 858

2007 - 870

2008 - 904

2009 - 923

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Fifteen lawyers were called to Bar of Newfoundland and Labrador on June 26, 2009

Roll #

1446 Glen George Seaborn1447 Theodoric Anthony Nowak1448 Wayne Gordon Silliker1449 Candace Grace Summers1450 Jeffrey Aaron Summers1451 Jennifer Michelle Gorman1452 Tanya Louise Bath1453 Beverley Ann Lane

Roll#

1454 Lori-Lee Michelle St. Croix1455 Krista Melanie Atkins1456 Jonathan David Regan1457 John Francis Edward Drover1458 Jarret Wayne Hann1459 Brian Rene Gatien1460 Amy Elizabeth Kendell

Six lawyers were called to the Bar of Newfoundland and Labrador on October 23, 2009

Roll#

1461 Charles Brodie Gallant1462 Brett Matthew Keith Ludlow1463 Jonathan Philip Robert Myrick Fowler

Roll#

1464 Suzanne Vera Elizabeth Hollett1465 Jessica Anne Dellow1466 Shawn Harrison Patey

Ten lawyers were called to the Bar of Newfoundland and Labrador on February 8, 2010

Roll#

1467 Christian James Ronayne Hurley1468 Jillian Marguerite Kean1469 Andrew Gordon MacLellan Woodland1470 Daniel Francis Furey1471 Mary Elizabeth Newton

Roll#

1472 Ashley Rae Parsons1473 Pádraig James Mohan1474 Melissa Louise Hamilton Hill1475 Kimberley Dawn Pochini1476 Tauna Michele Staniland

Roll#

1477 Michael Stuart Ladha1478 John Chalker Crosbie1479 Adam Samuel Gosse1480 Heather Lynn Buffett1481 Ruth Emeria Trask

Roll#

1482 Lori Susan Williams1483 André Jordan Clair1484 John Leonard Hurley1485 Adam James Crocker1486 Matthew Gordon Rowe

The Benchers record with regret the death of the following members and past membersduring the period from May 2009 to May 2010:

Sandra J Tilleycalled December 2, 1996, Roll #1021

Stanislaus F Carewcalled February 3, 1951, Roll #222

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Ten lawyers were called to the Bar of Newfoundland and Labrador on April 16, 2010

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

The Barrister and Solicitor Rolls as of the April 16, 2010, record that 1486 members have been called tothe Bar since 1826.

DisciplineMarina Whitten, QC, Chair

John M Green, QC, Vice-Chair

LAW SOCIETY COMMITTEES

EXECUTIVE COMMITTEE:

Irene S Muzychka, PresidentGlen LC Noel, Vice-President

Augustine F BruceMorgan C Cooper

Sheila H Greene, QCFrancis P O'Brien, ex officio

Phyllis E Weir, ex officio

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Law Society Members:David LG Andrews, QC

John M Babb, QCDenis G Barry, QC

Glen S BelbinBryan J Blackmore, QC

Katrina A BrannanKimberley D Burridge

Janis C ByrneWayne D ChamberlainSandra R Chaytor, QC

S Bruce ChislettPaul L Coxworthy

Michael J Crosbie, QCJean V Dawe, QC

Rosemary DawsonV. Randell J Earle, QC

Anne M FaganDonald J Gallant

Bruce C Grant, QC

George P Horan, QCDeborah LJ Hutchings

David A King, QCR Barry Learmonth, QC

Mary J MandvilleTobias F McDonald, QC

John W McGrath, QCWilliam G Morrow, QC

James C OakleyMary C O'BrienJohn VB O'Dea

D Richard RobbinsLinda M Rose, QC

Daniel W SimmonsEllen EM Turpin

James E Vavasour, QCElaine C WychreschukPhyllis E Weir, ex officio

Lay Representatives:Harold BarrettBernard BolgerAngela BowesHerbert Burry

Frederick DroverFreida Faour

James GladneyMark KingRuth Noel

Thomas QuigleyRaymond Rose

Dr Marina Sexton

Complaints Authorization CommitteeAugustine F Bruce, Chair

J. David B Eaton, QC, Vice-ChairKenneth L Baggs, QC

R Paul BurgessLinda Harnett, Lay BencherGlenda Reid, Lay Bencher

Terry G Rowe, QCGlen LC Noel, Vice-President/ex officio

Phyllis E Weir, ex officio

STATUTORY COMMITTEES:

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LibraryTerry G Rowe, QC, Chair

Sheila H Greene, QCDerek W Hillier, QCDavid F Hurley, QC

Kimberley M McLennanJames C Oakley

Rebecca C PhillippsRandolph J Piercey, QCBert Riggs, Lay BencherGail A Hogan, Librarian

Heather A Myers, Librarian

BENCHER APPOINTED STANDING COMMITTEES:

Student AwardsDenis J Mahoney

Joan F MylesFrancis P O'Brien, ex officio

Denis G Barry, QCAubrey L Bonnell, QC

Sandra M BurkeV Randell J Earle, QC

Augustus G Lilly, QCGlen LC Noel

Gregory M SmithFrancis P O'Brien, ex officio

Honours and AwardsBrian F Furey, QC, Chair

John D Brooks, QCV Randell J Earle, QC

Paul M McDonald

Bert Riggs, Lay BencherEdwards J Shortall, QC

EducationAugustine F Bruce, Chair

Insurance CommitteeJohn F Roil, QC, Chair

Philip J BuckinghamR Paul Burgess

Edward M Hearn, QCStephen J May

Darlene P Russell

Maureen E RyanRaymond P Walsh, FIIC, Insurance AdjusterJanice K Whitman, Insurance Administrator

Francis P O'Brien, ex officio

David G L Buffett, QCJ David B Eaton, QCHeather M Jacobs

Ian C WallaceD Bradford Wicks, QC

Francis P O'Brien, ex officio

RULES-BASED COMMITTEES:

Bar Admission J David B Eaton, QC, Chair

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Practice Rules Compliance CommitteeKenneth L Baggs, QC, ChairMorgan C Cooper, Co-Chair

Shelley L BryantAnnette M Conway

Pauline Downer, FCA, AuditorDiane Rendell, CA, Auditor

Bert Riggs, Lay BencherRoland C Snelgrove, QC

Glen LC Noel, Vice-President / ex officioPhyllis E Weir, ex officio

Real Estate CommitteeThomas W Fraize, QC, Chair

Susan M LeDrewCatherine J Perry

Graham A WellsFrancis P O'Brien, ex officio

LegislationBrian F Furey, Chair

John D Brooks, QCTobias F McDonald, QC,

Court Rules Committee RepresentativeGlen LC Noel

James C Oakley,Court Rules Committee Representative

John V O'Dea,Court Rules Committee Representative

Francis P O'Brien, ex officio

Project Daisy CommitteeChristopher P Curran Co-chair

The Honourable Judge John L Joy, Co-chair

Mel BakerThe Honourable Judge Gerald J Barnable

Thomas J Burke, QCChristopher English

Nina Goudie

The Honourable J Derek Green,Chief Justice of Newfoundland & Labrador

David J Jones, QCFrancis P O'Brien, ex officio

Phyllis E Weir, ex officio

Law Society Act and Rules CommitteeGeorge L Murphy, QC, Chair

Donald E AnthonyJane C Hennebury

Jamie P Martin

Karen M Stone Francis P O'Brien, ex officio

Phyllis E Weir, ex officio

Claims Review CommitteeFrancis P O'Dea, QC, Counsel

Lewis B Andrews, QCRaymond P Walsh, FIIC, Senior Adjuster

Janice K Whitman, Insurance Administrator

Unauthorized Practice CommitteeJames Thistle, QC

Phyllis E Weir, ex officio

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Professional’s AssistanceBrian F Furey, QC

Christopher DG Pike

Archives CommitteeBert Riggs, Chair, Archivist, Lay Bencher

Justin MellorVeva Moulton

Rebecca C PhillippsGail A Hogan, Librarian

BENCHER APPOINTED AD HOC COMMITTEES:

Professional Law Corporations CommitteeJeffrey P Benson, QC, Chair

Michael H DuffyMaureen E Ryan

Francis P O'Brien, ex officioPhyllis E Weir, ex officio

JOINT LIAISON COMMITTEES:

Law Society and Newfoundland and Labrador Medical AssociationDaniel M Boone, Chair

Brenda B GrimesThomas J Johnson Thomas G Mills

LeeAnn L MontgomeryEdward P Noonan, QC

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PRESIDENT'S ANNUAL REPORT

Irene S. Muzychka

It is my pleasure to provide the President's annu-al report for 2009-2010 which provides an oppor-tunity to reflect on Law Society activities, eventsand issues of the past year. This report will main-ly discuss activities and events which haveoccurred during the time I was President, fromJune 2009 to June 2010. I will also comment gen-erally on the work and role of the Law Society asI have experienced it since my election toBenchers in 2002.

Call to Bar for New LawyersA very pleasant task of a Law Society President isto participate in the various ceremonies of the LawSociety. One of these is the Call to Bar ceremony.There were four (4) Call to Bar ceremonies betweenJune 2009 and April 2010, and this year saw thedebut of a new Call to Bar speech, bringing a freshnew approach to welcome our new members. It isan exciting time to be joining the legal professionin this province, and it is always rewarding to wit-ness the transition which our students make asthey become enrolled as members of the Bar andbegin their professional lives as our new col-leagues.

This year, in the Call to Bar Ceremonies, therewere 41 new lawyers admitted. Of these, 31 werestudents who had recently completed Law Schooland had articled and successfully completed theBar Admission Course and exams in this province.There were 10 lawyers who transferred from otherCanadian jurisdictions pursuant to the NationalMobility Agreement. As in prior years, theNational Mobility Agreement has been beingheavily used by lawyers in other parts of Canadawishing to relocate to Newfoundland andLabrador, and it is also helpful to members of ourBar who wish to move and work in anotherprovince or territory.

New JudgesIt has also been a pleasure to welcome new mem-bers to the Bench and to bring greetings on behalfof the Law Society. This year, there was a ceremo-ny involving the swearing in of the following newjudges:

• Justices Valerie Marshall and Robert Stack ofthe Supreme Court Trial Division;

• Chief Judge Mark Pike and Associate ChiefJudge Robert Hyslop of the Provincial Court ofNewfoundland and Labrador; and

• Judges Jackie Brazil, Michael Madden and LoisSkanes of the Provincial Court ofNewfoundland and Labrador.

Following the swearing-in ceremonies for newlawyers and new judges, the Law Society hostedreceptions which were attended by members of theBar and other guests.

Opening of the newCommercial Registrations DivisionIn March, at the invitation of the HonourableKevin O'Brien, Minister of Government Services, Irepresented the Law Society at the official openingof the new location for the CommercialRegistrations Division at 59 Elizabeth Avenue, St.John's. The Division was formerly located in theEast Block, Confederation Building.

The Commercial Registrations Division is respon-sible for the registration function for documentsand information relating to companies, deeds,mechanics liens, condominiums, co-operatives,personal property, lobbyists, limited partnershipsand limited liability partnerships. Lawyers relydaily on the accuracy of the records maintained bythe Commercial Registrations Division, in realestate and commercial matters. A reliable and pro-fessional registry protects the public and promotespublic confidence in legal transactions.

The Law Society and its members congratulatedthe Provincial Government for establishing such afunctional, appropriate and pleasant setting inwhich to house these valuable materials.

New Queen's CounselIn April, I was pleased to attend the SupremeCourt ceremony in which nine of our memberstook the Oath of Office and were sworn in as newQueen's Counsel. The new Queen's Counsel are:

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F. Geoffrey AylwardLisa A. ByrneMichael J. CrosbieCalvin L. LakeJames E. MaherHeather L.C. Jewer-MillsRobert P. PittmanTerry G. RoweGraham A. Wells

This is a well-deserved honour and recognition forthe members appointed, and I was privileged toattend on Benchers' behalf and to congratulate ournew Queen's Counsel at the reception hosted bythe Law Society following the ceremony.

Opening of the new Corner Brook Law CourtsOne of the highlights of the past year was theopportunity to participate in the official openingof the Corner Brook Law Courts in May. Thismodern facility will serve the residents of the WestCoast well for many years. I was honoured tobring best wishes on behalf of members andBenchers of the Law Society and participate in theother events associated with the opening, includ-ing a dinner hosted by the National JudicialInstitute which featured Supreme Court ofCanada Justice Tom Cromwell as keynote speaker.Notably, the Law Society's historical committee,Project Daisy, produced an excellent historicaltreatment of the legal profession in WesternNewfoundland. This book, entitled "Barrels toBenches: The Foundations of English Law onNewfoundland's West Coast" was written and pub-lished to commemorate the opening of the CornerBrook Law Courts. The Law Society congratulatesProject Daisy and especially those directlyinvolved in the publication on this latest in a com-mendable series of publications by Project Daisy.

The Work of the Law Society:Benchers, the Executive Committeeand Law Society Professional StaffIn my participation on Benchers of the LawSociety over the past eight years, I have gainedinsight and understanding into how the LawSociety regulates the profession in the publicinterest.

The Benchers, working through an ExecutiveCommittee and the Society's many other commit-tees, have key roles in policy development anddecisions in the public interest. Together, they allrely significantly on, and their decisions are fre-

quently informed by, the information, guidanceand advice provided by the Law Society's seniorprofessional staff.

In February 2010, there was a change in the seniorprofessional staff at the Law Society. Benchersnoted the retirement of Peter Ringrose, ExecutiveDirector, who had been employed by the Societyfor nearly 16 years. The Executive Committeeappointed Legal Director, Phyllis Weir andDirector of Legal Education, Frank O'Brien, asinterim acting Executive Directors, both of whomhave performed admirably in taking on the addi-tional duties involved in running the business ofthe Law Society.

Mr. O'Brien and Ms. Weir have worked togetherto ensure that Benchers and the Executive areproperly advised, informed and supported on allaspects of the Law Society's operations and activ-ities. They have been directly involved in the dayto day management of the Law Society's affairs,ensuring that the Law Society properly dischargesits statutory governance responsibilities.

Committee WorkThe Law Society's work is carried out in manyinstances through committees, many of which arelisted or have included reports elsewhere in thisAnnual Report. All Law Society committees areinvolved in interesting and important work. Itwould be impossible to outline all the work whichis accomplished through Law Society committeesin a given year. The range of activities of our com-mittees covers education issues, the Law Societylibrary, professional law corporations, compliancewith trust and practice rules, discipline and profes-sional conduct, admissions, insurance and manyother issues. Suffice it to say that all of the LawSociety's committees do an extraordinary job andcontribute greatly to the success and effective oper-ation of the Law Society. Just a couple of the manyexamples of recent issues which have been dealtwith by various Law Society committees withinthe past year are provided below.

For example, the Education Committee had beenconsidering how best to assess and accredit foreignlaw school graduates for acceptance into the Bar ofthis province. Over the past years the EducationCommittee has closely considered the manyaspects of this issue, and recommended policyguidelines to Benchers which were adopted at theJune 2009 Benchers' Convocation. The Committee

has also been involved in reviewing a nationalTask Force report on the Canadian Common LawDegree, including considerations about the subjectareas and core competencies included in a lawdegree in Canada. In addition the Committee con-tinues its work in assessing applications for admis-sion from students, transferring lawyers, foreign-trained applicants etc. The Committee's goal, in allcases, is to maintain standards of excellence inadmissions.

As well, the Complaints AuthorizationCommittee, in carrying out its mandate to screenallegations of conduct deserving of sanction,continues to provide direction to membershipon the appropriate standard of conduct. Somemembers of the Committee have been involvedin a comparative review of the current Code ofProfessional Conduct with the new nationalModel Code of Conduct for Lawyers. ThisModel Code, a national initiative, is presently inthe final stages of review and is expected to befinalized and introduced by late 2010 or earlynext year.

Federation of Law Societies of CanadaIn addition to being well served by Benchers, theExecutive, Law Society professional staff and ourmany excellent committees, the Law Society alsoparticipates as a signatory in the Federation ofLaw Societies of Canada, a national organizationof Law Societies throughout the country. Whereappropriate and within that national context,information and national policy considerationswhich are discussed at the Federation level oftenevolve into common policies which are imple-mented in this jurisdiction and elsewhere.Benchers and law Society professional staff actupon common decisions taken by the Federationas a whole, for the benefit of the profession andthe specific benefit of the public interest.

I was pleased to have the opportunity to travel toWinnipeg in October, 2009 for the Federation ofLaw Societies' meetings. In March 2010, I attendedthe winter meeting of the Federation in Torontoand was pleased to represent the Law Society ofNewfoundland and Labrador as a signatory to theQuebec Mobility Agreement. This QuebecMobility Agreement is an adjunct to the NationalMobility Agreement, discussed above, andbrought Quebec into the fold. Once implemented,this agreement will permit Quebec lawyers towork in other provinces when dealing withQuebec or federal law. As well, lawyers in other

provinces and territories will be able to work inQuebec on federal law matters or issues involvinglocal law of their province or territory.

The Federation of Law Societies of Canada hasother important initiatives which benefit the LawSociety and its members. One such initiative is theCanadian Legal Information Institute (CanLII), avirtual law library widely used by members andthe public. The Law Society is involved in ensuringthat the collection of judgments and legislationfrom this province on the CanLII site is as currentand comprehensive as possible. Use of CanLII bymembers and by the public continues to grow at anastonishing pace, including use by lawyers in thisprovince. In the coming months, the governancestructure of CanLII will undergo some changes,but this will have no impact on the CanLII websiteor services to users.

Finally, the Federation of Law Societies' annualCriminal Law Conference will be held in St. John'sin July 2010. The Law Society is proud to supportand be a partner in this Conference which isexpected to have over 500 judges, lawyers and aca-demics in attendance.

Law FoundationWe are fortunate and grateful once again to havethe continued financial support of the LawFoundation of Newfoundland and Labrador forlaw libraries. This funding is primarily allocated tothe Law Society Law Library in St. John's, withamounts also provided to Corner Brook andGander. On behalf of Benchers and the Law Societywe express our gratitude to the Law Foundationand its Board of Governors for its continued sup-port of our law libraries. The present and futuresupport of the Law Foundation is crucial to main-taining library resources which will enable lawyersto practice appropriately. As such, theFoundation's support serves the public interest.

Our VolunteersAs President, I have had many occasions to wit-ness and admire the work of members and non-members who contribute, on a volunteer basis, tothe Law Society. These volunteer contributionsoccur at the Benchers' level, as well as through theSociety's committees and in many other ways. Thenumber of Law Society members who volunteertheir time and expertise to the work of the Societyand the public interest is truly impressive. Thesevolunteers strengthen our professional communityand are essential to self-governance. By their con-

13

tribution, our volunteers advance the integrity,credibility and future of the profession. We expressour thanks to each and every volunteer who makesa contribution to the Society.

ConclusionIn closing, this is a bitter-sweet moment personal-ly, as my time as a Bencher is coming to an end. Ihave learned much about our profession since Ijoined Benchers in 2002. I have also learned muchabout the Law Society's role and responsibility ofregulating this profession in the public interest.

There have been many wonderful experiences as aBencher, and I have really enjoyed working withBenchers and Law Society staff. I have been hon-oured and pleased by the opportunity to serve theprofession and our members as President.

In closing, I want to thank and commend Benchers,Executive Committee members, and the entire LawSociety team, 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") prescribes theVice-President's role in the disciplinary process.The Vice-President receives reports from the LegalDirector and submits allegations to theComplaints Authorization Committee. TheComplaints Authorization Committee, a statutorycommittee consisting of three Benchers, at leastone of whom is an appointed Bencher, screens alle-gations of conduct deserving of sanction. Conductdeserving of sanction is defined in section 41 of theAct to include professional misconduct, failure tomaintain the standards of practice, conduct unbe-coming a member of the Society, acting in breachof the Act or the Law Society Rules and failing toadhere to the Code of Professional Conduct.

The Vice-President, with the consent of the par-ties, may attempt to resolve an allegation or mayrefer the allegation to alternate dispute resolution.If the allegation is resolved the mediator confirmsthe resolution and the file is closed. Where a sat-isfactory resolution is not achieved then the alle-gation is referred to the Complaints AuthorizationCommittee. The initial assessment of an allegationis subject to the third party allegation policy.

A third party allegation is an allegation receivedfrom a non-client or a lawyer opposed in interestto the client of the solicitor against whom the alle-gation is made. Following a review of the allega-tion on the basis of specific factors, the Vice-President has discretion to decline or to defer theinvestigation pending the final determination of aproceeding. When an investigation is deferred,the Vice-President requests, from the respondent,a consent and a waiver of delay. When an inves-tigation is declined, the complainant is advisedthat outstanding issues, if any, may be re-filedwith the Law Society subsequent to the finaldetermination of the proceeding.

The powers of the Complaints AuthorizationCommittee are prescribed by section 45 of the Actand include the authority to conduct investiga-tion, conduct a practice review and require themember's appearance before the Committee. Theinvestigation/review is conducted through theLegal Director's office. Following its final consid-

eration of an allegation, the ComplaintsAuthorization Committee will either dismiss theallegation or, where there are reasonable groundsto believe that a respondent has engaged in con-duct deserving of sanction, the Committee willauthorize the Complaint. A complainant whoseallegation is dismissed by the ComplaintsAuthorization Committee has a right to appeal tothe Supreme Court, Trial Division.

Following authorization of the Complaint, theComplaints Authorization Committee may coun-sel or caution the respondent, may instruct theVice-President to file the Complaint and refer it tothe Disciplinary Panel, make an application forappointment of a Custodian of the member'spractice, and suspend or restrict the member'slicence to practice.

The Disciplinary Panel, appointed pursuant to sec-tion 42 of the Act, is comprised of Law Societymembers and lay representatives, appointed by theMinister of Justice. For the purpose of dealingwith Complaints referred and applications madeto the Disciplinary Panel, the Chairpersonappoints an Adjudication Tribunal, consisting oftwo members and one lay representative, to hearthe matter. The Hearing proceeds pursuant to sec-tions 47 through 51 of the Act. A party to theHearing has the right to appeal an Order orDecision of the Adjudication Tribunal to theSupreme Court of Newfoundland and Labrador,Trial Division.

Information concerning Complaints processedduring the current reporting period follows. TheComplaints Authorization Committee has autho-rized eleven Complaints; two of which resulted inletters of counsel; three resulted in letters of cau-tion and six were referred to the DisciplinaryPanel. Two Complaints have been heard byAdjudication Tribunals. Following the hearing of anAppeal in another Complaint, the Supreme CourtTrial Division upheld the Adjudication Tribunal'sdecision on one issue and set aside the AdjudicationTribunal's decision on another issue. ThisComplaint was referred back to the AdjudicationTribunal for further submissions on sanction.

VICE-PRESIDENT'S ANNUAL REPORT

Glen L.C. Noel

16

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 Society could

not function without the dedication and volunteertime of benchers and committee members. Yourcontribution is significant and very much appreci-ated.

17

The Bar Admission Course for Newfoundland andLabrador began on October 6, 2009 and continueduntil November 20, 2009. This year 30 students tookthe Course. The Bar Course is a 7 week intensiveeducational experience in which students coverpractical material on provincial and federal law.

What follows is an overview of the Course.

Family Law:Topics include divorce proceedings, parenting(custody and access), child and spousal support,matrimonial property, provincial family legisla-tion, pensions, UFC procedure, child protection,support enforcement and tax implications of fami-ly law. There is also a panel discussion on the prac-tice of family law.

Corporate/Commercial Law:Topics include incorporation and organizing abusiness, registration issues, corporate procedures,corporate finance, the Personal Property SecurityAct, security opinions, purchase and sale of a busi-ness/shares and commercial insolvency.

Civil Procedure:Topics include limitations of actions, fatal acci-dents, survival of actions, commencing proceed-ings, service, defences, counterclaims, third partyproceedings, summary trial, expedited trial, dis-covery and disclosure of evidence, setting downfor trial, the Judgment Enforcement Act, civilappeals, costs and alternative dispute resolutionmechanisms.

Practice Skills, Practice Management and Ethics:The Course presents lawyering-skills workshopswhere students receive instruction in direct exami-nation, cross-examination, negotiating settlements,interviewing clients, examination for discovery,risk management and how to avoid professionalnegligence claims. As well there is a session onmaintaining a balance between professional andpersonal lives, a presentation on the Lamer Inquiryand a presentation on using the resources of theLaw Society Library. There are also presentationson the Law Society Trust Accounting requirementsand professional conduct and client complaints.There is a separate section on ethics and the Code

of Professional Conduct, in which students com-plete a written assignment.

Criminal Law and Procedure:Topics include the court structure, presumptionsand burdens, classification of offences, pre-arrest,arrest, charge, first appearances, judicial interimrelease, disclosure, elections and re-elections, solic-itor/client matters, preliminary inquiries, pre-trialmatters, Charter applications, trial by judge alone,jury trials, the sentencing process, types of sen-tences, criminal appeals, young offenders, eviden-tiary matters, voir dires, search and seizure anddefences. As well, in this section, students receiveinstruction on advocacy skills, there is a panel dis-cussion with judges on the topic of advocacy, andstudents prepare for and participate in a mock trialand sentencing exercises.

Administrative Law:Topics include the Labour Relations Board, labourand commercial arbitration, municipal law, theHuman Rights Commission, the WorkplaceHealth, Safety and Compensation Commission,administrative law in the Federal Court, the LawSociety discipline process, statutory appeals, judi-cial review of arbitration and a presentation onprerogative orders.

Real Estate and Wills:Topics include the registry system and land tenure,the real estate transaction, the mortgage, profes-sional responsibility in real estate issues, titleinsurance, survey/location certificates, taxationissues, crown lands, quieting of titles, possessorytitle, residential tenancies and title searches. Thereis a real estate transaction workshop and a separatesection on wills, estates and probate.

To pass the Bar Course, students must pass exami-nations in Family Law, Commercial Law, CivilProcedure, Criminal Law, Administrative Law andReal Estate/Wills. Each exam is 3½ hours long andfocuses on the lecture presentations, the BarAdmission Course materials and the approximate-ly 80 provincial and federal statutes and regula-tions covered in the Course. The Bar AdmissionCourse materials consist of 11 separate volumesand cover thousands of pages of materials.

BAR ADMISSION COURSE COMMITTEE REPORT

The goal of the Course is to give new lawyers acomprehensive overview of Newfoundland andLabrador and federal law and procedure andtransfer to them the necessary information toensure entry level competence in the profession.The Course is intensive, practical and relevant towhat a new lawyer will see in practice. We attemptto have the Course be an enjoyable experience forthe students and the approximately 70 volunteerjudges, lawyers and other professionals whosecontributions make the Course a success.

The Bar Admission Course Committee and theLaw Society is grateful for the generous contribu-tions made by members of the profession in ensur-ing the Course remains vibrant and beneficial toour new lawyers.

Law Society members interested in obtaining fur-ther information about the Bar Admission Courseshould contact Mr. Francis P O'Brien at (709) 722-4898 or by email francis.obrien@lawsociety.nf.ca.

18

1919

CONTINUING LEGAL EDUCATION REPORT

The Law Society of Newfoundland and Labradordevelops and delivers a program of ContinuingLegal Education for members of the Bar. This isachieved through the Law Society's education enti-ty, Newfoundland and Labrador Continuing LegalEducation.

Newfoundland and Labrador Continuing LegalEducation has, as its goal, the provision of highquality legal education programs which assist inkeeping our members current and competent.

Recent continuing legal education programs havebeen offered to members of the Newfoundlandand Labrador Bar in a variety of practice areas.Examples of these programs are:

• Cross-Examination in Courts and Tribunals

• Wills, Estates, Probate, Administration andGuardianship: Legislative Update, Best Practicesand New Developments

• Copyright Law Update

• Trade-mark Law Update

• Exclusion of Evidence under Section 24(2) of theCanadian Charter of Rights and Freedoms: The cur-

rent state of the law after R. v. Grant - St. John's &Corner Brook, NL

• New Developments in Family Law, 2010

• Family Violence Intervention Court

Lawyers in Newfoundland and Labrador continueto be very interested in Continuing LegalEducation and they continue to support our pro-gramming by their excellent levels of attendance,positive feedback and suggestions for future pro-grams.

We appreciate our many volunteer lawyers, judgesand other professionals who give freely of theirtime and talents, as presenters at our seminars, toenhance the knowledge and professional stan-dards of other practitioners. The Law Societygreatly appreciates these contributions and we arecontinuously impressed with the excellence andenthusiasm of our presenters.

Members with program suggestions should con-tact Mr. Francis P. O'Brien at (709) 722-4898 or byemail at francis.obrien@lawsociety.nf.ca.

20

EDUCATION COMMITTEE REPORT

The Education Committee is responsible for edu-cational issues which arise concerning membersand prospective members of the Law Society. TheCommittee deals with all applications for admis-sion and re-admission to practice, which applica-tions generally involve an assessment of academiccredentials, currency of legal knowledge, fitness topractice and good character elements. TheEducation Committee deals with requeststhroughout the year from members and prospec-tive members relating to the requirements in theLaw Society Act, 1999 and the Law Society Rules oneducational and admissions issues.

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 temporarybasis under the National Mobility Agreement;

• applications from members of other LawSocieties who wish to transfer toNewfoundland and Labrador on a permanentbasis pursuant to the National MobilityAgreement; and

• applications from non-practicing or formermembers of the Law Society who wish to rein-state their status to practicing membership.

In all of these cases, the Committee must ensurethat the applicant has met the required standards,educational and otherwise.

Each year the Education Committee also reviewsand approves the marks from the Bar AdmissionCourse examinations and directs, when required,the writing of supplementary examinations or thecompletion of further educational requirementsbefore a Student-at-Law is eligible to be called tothe Newfoundland and Labrador Bar.

From May 2009 to April 2010, the EducationCommittee:

(i) admitted thirty-one (31) new applicants asStudents-at-Law;

(ii) recommended to Benchers that thirty-one (31)students, having met the requirements of aStudent-at-Law, be called to the Bar inNewfoundland and Labrador;

(iii) approved the application of ten (10) transfercandidates who were called to the Bar ofNewfoundland and Labrador under theNational Mobility Agreement;

(iv) approved a change from non-practicing topracticing status for twenty-eight (28) LawSociety members;

(v) approved reinstatement to non-practicing sta-tus for one (1) Law Society member; and

(vi) approved reinstatement to practicing status forone (1) Law Society member.

2121

INSURANCE COMMITTEE REPORT

Commencing in January, 2005, the financial state-ments for the Lawyers' Insurance Program (the"Program") have covered a different fiscal yearthan the Law Society (the "Society"), which followsthe calendar year. The insurance year for theCanadian Lawyers' Insurance Association (CLIA),through which lawyers are insured, is July 1 toJune 30 and, thus, the Program follows that model.

The Program obtains financial direction from Ms.Pauline Downer, CA and the Program's auditorsare independent of the Society's auditors.

Financial Overview and Asset BaseIn overview, the Financial Statements show anInsurance Program that is stable and appropriatelyfunded to secure members' protection, based oncurrent activities. The Transaction Levy (the"Levy") continues to be key to that stability fund-ing. As in the past five years, revenues from theLevy are shown as revenue in the FinancialStatement of the Program and have now accumu-lated to $5.1M.

The Insurance Committee originally estimated thata capital pool of up to $12M would be required.This insurance level was recently reviewed by theProgram's independent actuaries, NCA PartenairesInc. of Montreal. Mr. Andre Normandin recentlyadvised the Committee on the total fund necessaryto stabilize the Program and indicated the amountto be $8M on a conservative estimate.

The Program purchases on behalf of members,insurance coverage on the assurance responsibili-ties of the Society. This coverage, paid for by theLaw Society, provides an insurance policy whichwill pay up to $10M per loss/aggregate for claimsby members of the public who suffer financial lossbecause of intentional acts committed by members.

AdministrationJanice Whitman, who has been working part-timewith the Insurance Program for the past five yearscommenced full-time employment as the InsuranceAdministrator in January 2010. As in previousyears, the claims side of the Program continues tobe advised by Raymond Walsh, FIIC, Adjuster,Francis O'Dea, QC and Lewis Andrews, QC.

Claims and PremiumsInsurance claims from July 2009 to this writing areconsidered quite low. We currently have 43 filesopened. Typically in the recent past, the Programwould open approximately 70 files a year, some-times even more. Recent favourable claims experi-ence, coupled with a) our lower claims historyrecord in the CLIA Program, b) good Programmanagement, c) effective claims management, d)timely claim files handling and e) growth of thecapital pool, have all provided the opportunity tomaintain a steady reduction in insurance costs. Inrecent years, premium costs to members have fall-en steadily and annually from $6,000 in 2005 to$2,180 in 2010.

Maintaining reductions in insurance premiumcosts over the long term will require continued vig-ilance and a further decline in claims costs. Oneparticular area where claims continue to be unac-ceptably high is missed limitations, an entirely pre-ventable expense to the Program. While not a cureto better file management, the ability to re-open amissed limitation period, as permitted in NovaScotia, would significantly benefit the Program inour province.

One way to keep downward pressure on insurancecosts is to retain in-house more of the Program'sadministration, management, and risk. Followingmuch deliberation, the Insurance Committee rec-ommended to Benchers last year that the Programtake $100,000 in risk retention on our members'policy, that is, we would pay the first $100,000 ofany claim, subject to a stop loss limit of $900,000.With this level of participation, lower premiumsare then paid to CLIA. The Committee believesthat assuming this risk provides the opportunity tostrengthen our in-house administration and buildtoward larger retained risks in the future. CLIAencourages responsible and stable insurance pro-grams to accept even higher risk retentions. Thiswill be our second year at the $100,000 level. Withtwo years of good experience, we would then lookat recommending that Benchers move the retentionlevel even higher, perhaps as early as next year.These larger risks, backed by the cash assets gener-ated from the regular insurance premium, togetherwith the Levy and consistent Program and claims

22

management can even more significantly lowerpremium costs for members.

Excess Coverage Part of the Insurance Program's mandate is to pro-vide excess cover insurance through CLIA. Excesscover through CLIA has the added benefit of con-sistent policy wording above the basic $1M pro-vided by members' Society insurance and, as well,unified administration of claims. Excess coveragecan be purchased through CLIA from the Programin amounts from $1 million to $9 million.

The excess cover premium rate structure perlawyer is also lower than last year and will be asfollows:

$1 million per occurrence / and aggregate = $ 381$2 million per occurrence / and aggregate = $ 560$3 million per occurrence / and aggregate = $ 654$4 million per occurrence / and aggregate = $ 693$9 million per occurrence / and aggregate = $ 971

SummaryIn summary, the Insurance Committee is pleasedoverall by the changes implemented in theInsurance Program in recent years and by theprospect of advancing our administration andreducing our costs through a continued and grow-ing retained risk as mentioned above. Looking for-ward, the Committee is confident that improve-ments in the Program will continue to both servemembers and protect the public, all at reasonablecost and with stability of coverage.

Benchers, in consultation with the InsuranceCommittee, will be reviewing the mandate, gover-nance and operation of the Law Society InsuranceProgram in the coming months, including surplus-es that are being generated by the Transaction Levyand being accumulated in the Insurance Program.

2323

The primary objective of the Law Society Library isto support lawyer competency through the deliv-ery of high level reference services to members inNewfoundland and Labrador. To provide theseservices it is essential to maintain and enhance theLibrary's excellent collection of legal texts, journalsand electronic reference tools. As such it is becom-ing increasingly important to deliver as manyitems as possible directly to lawyers' desktops.

On June 12, 2009 the Library launched its new webpage www.lslibrary.ca. Through this site membersnow have desktop access to:

• Library Catalogue

• Table of contents of journals and booksreceived in the last month

• Links to websites of particular importance toNewfoundland and Labrador legal practition-ers

• Ask a Librarian: which lets members e-mail aquestion directly to the Library

• Judgment Interest rates 1984 to present

• Practice Notes from the Court of Appeal andSupreme Court of Newfoundland andLabrador

• Standard Automobile Policy

The Library web page will continue to expand itscoverage to meet the changing needs of legalresearchers. While the web page allows legalresearchers to access information easily, during thepast year the Library has delivered over 3,000items by e-mail. Traditional materials continue toplay a vital role in information delivery. In 2009over 500 items which were not available throughon-line sources and could only be found in the

Library's collection, were scanned and e-mailed tomembers. Additionally well over 2,000 books wereloaned to members throughout the province andover 2,000 titles were used in the library by legalresearchers.

In order to improve efficiency and reduce costs theLaw Society Library has collaborated with otherLaw Libraries across Canada on a number of pro-jects including:

• Resource Sharing Agreements with all provin-cial and territorial Law Society Libraries inCanada, resulting in the Library being able toborrow dozens of items, free of charge, for ourmembers.

• The Law Society Libraries in Atlantic Canadaare examining ways to reduce costs throughconsortium purchasing and licensing agree-ments for looseleaf and electronic services.

• A joint project with the Department of JusticeLibrary has resulted in the addition of alllooseleaf texts, at the West Coast Law Library(WCLL ), to the Law Society web catalogue.Members from the West Coast will now be ableto check the Law Society Library catalogue toidentify which items are available at the WestCoast Law Library.

We would like to welcome Heather Myers MLS, tothe Law Society Library. Heather brings over 20years of Library experience to her job-share posi-tion as Law Librarian and is a welcome addition tothe Law Library.

Once again the Law Foundation of Newfoundlandand Labrador has generously continued its finan-cial support. We greatly appreciate the generousgrant, without which we could not provide currentand in depth research materials.

LIBRARY COMMITTEE REPORT

24

PROFESSIONALS' ASSISTANCE COMMITTEE REPORT

The Professionals’ Assistance Committee is a jointcommittee of the Law Society of Newfoundlandand Labrador, the Newfoundland and LabradorMedical Association and the Pharmacists'Association of Newfoundland and Labrador. TheCommittee is responsible for the Professionals’Assistance Program that provides assistance tolawyers, physicians, pharmacists and their familiesaffected by all types of personal problems.Problems may include, but are not limited to,stress, financial and career problems, depression,personal, marital or family difficulties and inap-propriate use of substances. Proactive services toassist members from finding themselves in circum-stances in which they might require assistance arealso offered.

In addition to services rendered directly to mem-bers, Professionals’ Assistance Program makes pre-sentations each year at the Bar Admission Course,and also conducts workshops and seminars fromtime to time aimed at helping members identifyand deal with challenges in their professional andpersonal lives.

The Professionals’ Assistance Program employs aclinical coordinator, Rosemary Lahey, MSW, a reg-istered social worker with extensive experienceworking with individuals, couples and familiesdealing with a wide range of social and emotionalproblems. The coordinator, in strictest confidence,facilitates early recognition of problems, initiatesactive intervention and makes appropriate refer-rals for treatment and rehabilitation. Referrals areaccepted directly from the member or from a con-cerned colleague or family member. Since its incep-tion in 1994, the Program has provided assistanceto over 1,022 professionals including 352 membersof the Law Society. During the last program year,there were 70 new cases, of which 35 were lawyers.

Ms. Lahey, the Coordinator, can be contacted inconfidence by calling 754-3007 or toll free at 1-800-563-9133, or by electronic mail at rmla-hey@nl.rogers.com. The Program also maintains awebsite at www.nlpap.ca.

2525

The Student Awards Committee deals with LawSociety several awards for Articled Students-At-Law. These are the Hunt Award, the PenneyAward, the William J. Browne Scholarship, theMaxwell J. Pratt Scholarship and the ProvincialCourt Judges' Association Award respectively.

The Hunt Award is presented to the Student-at-Law who receives the highest overall averagemark in the Law Society of Newfoundland andLabrador's Bar Admission Course. The recipient ofthe Hunt Award for the 2009 Bar AdmissionCourse is Mr. Andre Clair. Mr. Clair servedArticles of Clerkship at the firm Martin WhalenHennebury & Stamp and his principal was Mr.Geoff Davis-Abraham. Mr. Clair was called to theNewfoundland and Labrador Bar on April 16,2010, at which time he commenced practice withMartin Whalen Hennebury & Stamp.

Mr. Clair is also the winner of the Penney Award.This award is presented to the Student-at-Lawachieving the highest mark in the Family LawExamination of the Bar Admission Course.

The Provincial Court Judges' Association Award ispresented to the Student-at-Law achieving thehighest mark in the Criminal Law Examination ofthe Bar Admission Course. The recipient of theProvincial Court Judges' Association Award for the2009 Bar Admission Course is Mr. Christian

Hurley. Mr. Hurley served Articles of Clerkship atthe firm Ottenheimer & Baker and his principalwas Mr. Neil Pittman. Mr. Hurley was called to theNewfoundland and Labrador Bar on February 8,2010.

The William J. Browne Scholarship is presented toa Student-at-Law who has submitted the winningresearch essay on a legal issue of current publicconcern. The recipient of the 2010 William J.Browne Scholarship is Ms. Meaghan McConnellwho is presently articling with the Department ofJustice. Ms. McConnell's research essay is entitled"Defamation under the Charter: Grant v. Torstar Corp& Freedom of the Press".

The Maxwell J. Pratt Scholarship is based on acad-emic performance and is presented to a Student-at-Law who is a graduate of Memorial University ofNewfoundland and a student at Dalhousie LawSchool. The co-recipients of the 2010 Maxwell J.Pratt Scholarship are Mr. David Rodgers who iscurrently articling with the Department of Justiceand Mr. Jude Hall who is articling with theNewfoundland and Labrador Legal AidCommission.

The above-described awards will be formally pre-sented on June 11, 2010 at the Law Society ofNewfoundland and Labrador Annual Members’Dinner.

STUDENT AWARDS COMMITTEE REPORT

26

2727

AUDITOR’S REPORTAND FINANCIAL STATEMENTS

for theFiscal Year Ended December 31, 2009

28

2929

3030

3131

323232

333333 33

343434

353535 35

363636

373737 37

38383838

393939 3939

4040

414141 4141

4242

434343 434343

4444444444

454545 4545

46464646

474747 47

4848

494949 4949

505050

515151 51

525252

535353 53

545454

555555 5555

5656

575757 57

585858

595959 59

606060

61

6262

63

6464

65

6666

67

6868

69

7070

71

7272

This Report covers the periodMay, 2009 to May, 2010

The Law Society of Newfoundland and LabradorAnnual Report 2009 - 2010ISBN 978-1-926574-29-5

Law Society Seal:Gerald Squires, RCA, LL D

Published by The Law Society of Newfoundland and Labrador

The Law Society of Newfoundland and Labrador

2009 - 2010 Annual Report

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