Notice of Annual General Meeting

August 26, 2005

Friday, September 23, 2005
Marriott Pinnacle Hotel, 1128 West Hastings Street, Vancouver
Audioconference locations in Castlegar, Cranbrook, Fort St. John, Kamloops, Kelowna, Nanaimo, Prince George, Prince Rupert, Surrey and Victoria. See back panel for details.
Registration & lunch: 11:30 - 12:30 (11:45 to 12:30 outside Vancouver)
Call to order: 12:30 pm

You are invited

All BC lawyers and articled students are invited to the Annual General Meeting of the Law Society of British Columbia, which will be held on Friday, September 23, 2005.

The main location is in Vancouver, with the meeting joined to 10 audioconference locations — in Castlegar, Cranbrook, Fort St. John, Kamloops, Kelowna, Nanaimo, Prince George, Prince Rupert, Surrey and Victoria.

Please register on arrival and obtain your voting card. Only members of the Law Society are eligible to vote and you may be asked for identification.

Please remember to bring your copy of the 2004 Annual Report and this notice to the meeting.

Schedule

Here is the schedule for the meeting:

  • 11:30 am to 12:30 pm – On-site registration for the meeting at the Vancouver location.
  • 11:45 am to 12:30 pm – On-site registration for the meeting in locations other than Vancouver.
  • 12:30 pm – Call to order.
Business of the meeting

This is the business of the AGM:

  • Election of Second Vice-President for 2006
  • Appointment of Law Society auditors
  • Member resolutions
Resolutions

Resolution 1: Appointment of Law Society auditors, submitted by the Audit Committee

BE IT RESOLVED that PricewaterhouseCoopers be appointed as the Law Society auditors in 2006.

Resolution 2: Member resolution, submitted by Ronald Morin of Surrey, seconded by Peter Shrimpton of Whistler

WHEREAS it is increasingly the practice of financial institutions to have borrowers sign mortgage documents without the borrowers having the benefit of legal advice from lawyers or notaries public and this practice is contrary to the best interests of the public and, as well, may result in mortgages being found to be unenforceable in courts of law,

RESOLVED:

1. That the Law Society create a Rule of Practice stating that no lawyer shall be a witness to any mortgage unless that lawyer provides comprehensive legal advice to the borrower or unless that lawyer has confirmation, in writing, from another lawyer or notary public that the borrower has had the benefit of comprehensive legal advice with respect to the mortgage in question before it is signed.

2. That the Law Society lobby all financial institutions, their associations, regulating bodies and the Government of British Columbia to impress upon them the detrimental impact this practice is having on the public and as well the potential for mortgages to be found to be unenforceable.

Resolution 3: Member resolution, submitted by Ronald Morin of Surrey, seconded by Peter Shrimpton of Whistler

WHEREAS in British Columbia title insurance companies and specifically FCT Insurance Company Ltd. (dba First Canadian Title) and FNF Canada Company, a division of Fidelity National Financial Inc., in conjunction with financial institutions have developed practices for drawing, executing and registering residential mortgages without involving a lawyer or notary public acting on behalf of the borrower, resulting in many people, often unsophisticated borrowers, placing mortgages on their properties without fully understanding the legal implications of what they are doing, which is detrimental to the interests of borrowers and the public;

AND WHEREAS title insurance companies have ignored processes established in British Columbia regarding the timely registration of Form B Mortgages and Form C Release documents at British Columbia Land Title Offices, including their practice of registering mortgages many weeks after financial institutions have provided mortgage funds to borrowers, and including their practice of not obtaining and registering discharges in a timely manner thereby creating uncertainty of the state of legal titles and additional expense to the public when further legal work is made necessary as a result, and these developments have had, and will continue to have significant negative consequences for the public and for the integrity of the Land Title Office Torrens System.

AND WHEREAS the Law Society has determined that drawing mortgages for registration by FCT Insurance Company Ltd. (dba First Canadian Title) and FNF Canada Company, a division of Fidelity National Financial Inc., constitutes the unauthorized practice of law pursuant to the Legal Profession Act,

RESOLVED:

1. That the Law Society shall take all reasonable measures to end these practices by title insurance companies, including, but not limited to:

a. Taking all necessary steps to prevent lawyers from facilitating such unauthorized practice of law and/or practices detrimental to the best interests of the public when lawyers witness mortgage documents that are prepared by and/or will be registered by FCT Insurance Company Ltd. (dba First Canadian Title) and/or FNF Canada Company, a division of Fidelity National Financial Inc., at the Land Title Office and,

b. Taking all necessary steps to have such unauthorized practice of law and/or practices detrimental to the best interests of the public terminated, including, but not limited to, action pursuant to the Legal Profession Act and lobbying the Government of British Columbia for legislation to prevent such practices.

We look forward to hearing from you
RSVP by email if you are coming

Both members and articled students are welcome to attend the Annual General Meeting, but only members in good standing may vote.

If you plan to attend the meeting, please RSVP by email. A list of AGM locations and email addresses is set out below. Your reply is needed to assist the Law Society in planning catering, facilities and registration.

If fewer than 15 members indicate that they will attend an audioconference location, that location may be cancelled. Only those members who have replied will be notified of a cancellation.

If you have special needs

All AGM locations are wheelchair accessible. If you plan to attend the meeting and have any other access needs, please contact Miriam Domínguez at the Law Society office at your earliest convenience so that arrangements can be made. She can be reached at: tel. 604 443-5717 or toll-free in BC 1-800-903-5300; fax 604 669-5232; TTY 604 443-5700; email: mdominguez@lsbc.org.

For further information

If you have any questions on the 2005 Annual General Meeting, please contact David Newell, Corporate Secretary, at: tel. 604 443-5723 or toll-free in BC 1-800-903-5300; fax 604 669-5232; email: dnewell@lsbc.org.

 

Annual General Meeting locations
Please RSVP to the email address beside the location you plan to attend.
If sending an RSVP for others in your office as well, please note the number in your email.

City/town

Location

RSVP by email to:

Vancouver

Marriott Pinnacle Hotel – Pinnacle Ballroom, 1128 West Hastings Street, Vancouver

vancouver@lsbc.org

Castlegar

Castlegar Travel Lodge and Fireside Inn, 1810 8th Avenue, Castlegar

castlegar@lsbc.org

Cranbrook

Steidl Kambeitz, 201 - 907 Baker Street Cranbrook

cranbrook@lsbc.org

Fort St. John

North Peace Cultural Centre, 10015-100 Fort St. John

fort_st_john@lsbc.org

Kamloops

Coast Canadian Inn, 339 St. Paul Street, Kamloops

kamloops@lsbc.org

Kelowna

Coast Capri Hotel, 1171 Harley Avenue, Kelowna

kelowna@lsbc.org

Nanaimo

Coast Bastion Inn, 11 Bastion Street, Nanaimo

nanaimo@lsbc.org

Prince George

Coast Inn of the North, 770 Brunswick Street, Prince George

prince_george@lsbc.org

Prince Rupert

Crest Hotel, 222 First Avenue West, Prince Rupert

prince_rupert@lsbc.org

Surrey

Sheraton Guildford Hotel, 15269 104 Avenue, Surrey

surrey@lsbc.org

Victoria

Coast Victoria Harbourside Hotel and Marina, 146 Kingston Street, Victoria

victoria@lsbc.org



Election of Second Vice-President for 2006

Each year members at the AGM elect a Bencher to serve as Second Vice-President for the following year, pursuant to Law Society Rule 1-18. The Benchers are pleased to announce their nomination of John J.L. Hunter QC to serve as Second Vice-President in 2006 and invite the profession to support the nomination.

Under Rule 1-3(2), the Second Vice-President in 2006 will become the First Vice-President in 2007 and the President in 2008.

John HunterJohn J.L. Hunter, QC

John Hunter is a senior litigation counsel at Hunter Voith with a broad civil and commercial ­litigation practice. He has represented commercial and government clients in a variety of land use disputes, particularly in relation to forestry and Aboriginal litigation, judicial review of government action and injunction remedies.

Appointed Queen’s Counsel in 1994, Mr. Hunter is a Fellow of the American College of Trial Lawyers. He has written and lectured extensively on both trial and appellate advocacy. He is the author of Conducting a Civil Appeal (Carswell 1995) and served as an Adjunct Professor of Law teaching appellate advocacy at the University of British Columbia from 1988 to 2001.

Elected a Bencher for Vancouver in 2002, Mr. Hunter is a member of the Executive Committee (2003-2005), the Discipline Committee (2004-2005) and the Futures Committee (2002, 2004-2005) and a past member of the Credentials Committee (2002-2003). He currently chairs the Disclosure and Privacy Task Force and the Technology Committee and is Vice-Chair of the Lawyer Education Task Force.