1 LAW NEWS LAW SOCIETY OF NEW BRUNSWICK SEPTEMBER 2014 PRESIDENT S MESSAGE Office Hours Monday - Friday 8:30 a.m - 4:30 p.m. Closed Statutory and Civic Holidays 68 Avonlea Court Fredericton, NB E3C 1N8 Tel: (506) Fax: (506) Inside this issue: President s Message 1 Council Briefs AGM 7 Special General Meeting Notice 8 14/15 Committee Appointments 12 Notice of Disbarment Gordon W. Kierstead, Q.C. 13 Notices of Suspension Howard M. Peters 14 Membership Changes 16 Student-At-Law Applications 19 Discipline Digest 22 John B. Malone, Q.C. President As President, my objective or mandate, as others would call it, was simple. I wanted to make the Law Society relevant to its membership while at all times ensuring the protection of the public. The Law Society, is a regulator, so there are rules for us lawyers to follow. What I wanted to do was to come at those rules from a different perspective. What I hoped to do, was to get people thinking, more in line with being proactive as opposed to reactive. What I mean say, is to try and help our membership before a problem arises as opposed to only disciplining us when we are wrong or make a mistake. I'm not trying to displace discipline, discipline will always have its place. I would, though, like to reduce the need for discipline by educating and providing knowledge and up to date information to membership so members can hopefully use this information to steer themselves away from problems before they arise. CLIA Loss Prevention Bulletins 35 Bench Rule : Dress at Hearings in the Court of Queen s Bench 36 Service New Brunswick Directives 37 Service New Brunswick Notices 40 Federation of Law Societies of Canada Newsletter 44 Federal Court of Appeal Practice Directives 48 Federal Court of Appeal Notices to the Profession 59 Seeking Lost Wills 61 Announcements: Military Service during WWI and WWII 62 Agricultural Operation Practices Act 63 NB Multicultural Council Mentoring Program 66 Association in Defence of the Wrongly Convicted 67 Employment Opportunities 68 Mailed under Canada Post Publication Mail Agreement No. # It s all about ensuring that the Law Society is relevant; relevant to its members. We can protect the public by creating more competent lawyers lawyer competency was the objective when the Law Society Council, in July of 2013, approved the Business of Law Committees recommendations the committee that could otherwise be known as the Lawyers helping Lawyers Committee. That committee came up with recommendations whereby the Law Society can begin to collect information and knowledge and provide it to our members. So when one of our members is facing significant change in his or her life and practice whether it be for a young lawyer just starting the practice or a senior lawyer scaling back and moving from a large firm to a sole practitioner or a small firm. These major career events require information and knowledge. The Law Society can help provide this information and knowledge so to assist in making that transition smooth and uneventful. The Law Society can also be a leader and follow current and future trends in the practice and report to members, keeping members informed and up to date, thus being relevant to us, the members. Lawyers know what they want Lawyers do not know what they need. It was my mission to move the Law Society towards providing its member s the information that they need.
2 LAW NEWS PAGE 2 SEPTEMBER 2014 PRESIDENT S MESSAGE (continued) It was comforting to hear from fellow members their comments of support of my message in each of the newsletters. The silent majority realize the perils that exist in the practice of law today, and I am happy to be their voice, to the extent that I can. I encourage participation and involvement in our Society s various committees, as members of Council and the Bar Admission Course. I strongly believe that the future of the Law Society in its role as an independent regulatory body for our profession depends upon the active participation of its members. During my 3 years on the Executive Committee I have had the pleasure of working closely with Mark A. Canty, Q.C., Richard J. Scott, Q.C., and Marc L. Richard, Q.C. They were excellent mentors and I thank them for their guidance and friendship. In the past year, I have had the distinct pleasure of working with Hélène L. Beaulieu, Q.C., and Robert M. Creamer in their respective roles as Vice-President and Treasurer. I sincerely want to thank both Hélène and Bob for their outstanding efforts in serving the Law Society and I wish to particularly thank them for their patience, counsel and support as I have undertaken my various responsibilities as President. Throughout this year I worked alongside Council members from around the province who were engaged, informed and a joy to work with. I would like to thank Council members for letting their names stand, committing their time and putting forth the effort to discuss, debate and decide the pressing issues we face. One of the more rewarding aspects of being President is the opportunity to work closely with dedicated and devoted staff. I particularly want to thank Marc L. Richard, Q.C., Shirley C. MacLean, Q.C., M. Lise Allain and Robert B. Jackson for their assistance throughout the year. I also had the opportunity to work with, and get to know many of the Law Society s support staff. I am proud of the level of professionalism and loyalty our Law Society staff consistently demonstrate. As President I had the occasion to meet with various committees of the Law Society whose dedication and hard work are invaluable. Without the active participation of our committee members, the Law Society could simply not function. Finally, I would like to thank the public representative members of Council who participated in the past year, and indeed the past number of years, on Council. Our public representatives provide, in my view, an invaluable non legal perspective on the many issues that Council must deal with. We are fortunate to continue to attract excellent public representatives to this important role. I would like to congratulate the members of our profession who have been given the designation of Queen s Counsel, namely: René J. Basque, Q.C.
3 LAW NEWS PAGE 3 SEPTEMBER 2014 PRESIDENT S MESSAGE (continued) Hon. Michel Bastarache, Q.C. Michael E. Bowlin, Q.C. Nancy E. Forbes, Q.C. James E. Fowler, Q.C. Margaret Gallagher, Q.C. Cameron H. Gunn, Q.C. Catherine Lahey, Q.C. Shirley C. MacLean, Q.C. Nicole Poirier, Q.C. Col. Patrick K. Gleeson, Q.C. These recipients exemplify the utmost respect for the judicial system, knowledge of the law, professionalism, and are a credit to both their profession and their respective communities. During the past year 3 members have been appointed to the Bench, congratulations: The Honourable E. Thomas Christie, Q.C., Justice of the Court of Queen s Bench The Honourable Darrell J. Stephenson, Justice of the Court of Queen s Bench The Honourable Brian C. McLean, Judge of the Provincial Court I would also like to extend my sincerest sympathies to the families and friends of those members and former members deceased during the past year: Jeanette Blue Kevin F. Connell Elaine E. Gunter, Q.C. Eric LeDrew Scott R. MacGregor Wilber MacLeod, Q.C. Strategic Plan Council instituted three main priorities this year from its Strategic Plan: Access to justice and legal services. So many people today are representing themselves, we as lawyers have to be motivated to do something within our firm, our community and our Law Society to effect the necessary change to address this trend. Council will be receiving a committee report on Access to Justice in New Brunswick with recommendations how to successfully address the issue. Creation and implementation of a new webpage. In the age of electronic reliance it is imperative that the Society s webpage be accessible to not only members for their use but also for members of the public. The Law Society s new and improved user friendly website was up and running in April.
4 LAW NEWS PAGE 4 SEPTEMBER 2014 PRESIDENT S MESSAGE (continued) Focus on members: Increased support for members through mentoring Access to advice on professional ethics matters Establishment of a quality assurance program Demographic data on members to better access the opportunities of law practice in New Brunswick I am pleased to advise that these initiatives are completed or are well underway and being addressed at the staff, Executive and committee levels. Our Office and its Utilization Our office building is located at 68 Avonlea Court in Fredericton and the offices therein are available for use by members for training sessions, meetings, discoveries and mediations. We are also renting the meeting and breakout rooms to the public for a fee, which fee we are able to apply towards the cost of the building. Also located on our property is a warehouse. This year, we relocated the last custodian and lawyer files from offsite premises, where we had been paying rent, to the warehouse. We no longer pay rent to house these files. The Federation of the Law Societies of Canada The Law Society is a member of the Federation of Law Societies of Canada. With the ease of mobility of lawyers throughout the country the Federation is taking a lead role in law school accreditation, national admission standards, lawyer competence, mobility, and discipline all in the public interest. The Law Society of New Brunswick is and needs to continue to be an active participant in, and supporter of, the Federation, thus ensuring our membership is well represented at the Federation level. This past year I worked with Marie- Claude Belanger-Richard, Q.C., in her role as President of the Federation. Marie-Claude is doing a great job as President and we should be proud. Our representative to the Federation Council since 2013 has been Richard J. Scott, Q.C. Thank you Richard for your participation at the Federation and your excellent representation of our interests on the Federation Council. Department of Justice and Attorney General During my term in office, the Executive Committee had the opportunity to meet on several occasions with the Minister of Justice and Attorney General, the Honourable Marie-Claude Blais, Q.C., the Deputy Minister and Deputy Attorney General, Judith Keating, Q.C., as they then were, and the current Minister of Justice, the Honourable Troy Lifford and Acting Deputy Minister and Deputy Attorney General, Guy Daigle, Q.C. The Ministers and their staff have been extremely supportive of the Law Society s efforts and we have noted a genuine commitment to a process of consultation and collegiality, of which the Executive and I are particularly grateful. Such meetings have focused on a wide variety of topics of interest to the Society and the public such as: changes to the Small Claims Court system, changes to the Injury Regulation, legal aid, publication and translation of court decisions, family law initiatives, among others.
5 LAW NEWS PAGE 5 SEPTEMBER 2014 PRESIDENT S MESSAGE (continued) Conclusion If you ask me how I liked my year as President I would answer that it was truly a growth experience for me. As for the Law Society I hope that I have sown the seeds, so to speak, for growth as well, in the areas of Business of Law, proactive discipline and the provision of support to our members. I truly hope that this proactive engagement resonates with Council, committees and staff now and far in to the future. The Law Society carries an important and invaluable role for us, its members, and for the public at large. The Law Society cannot take for granted its membership; the Law Society must always work hard to ensure that it is always relevant to its members. I wish Hélène L. Beaulieu, Q.C., the best in her year ahead. I know she will rise to the many challenges which lay ahead. Hélène will enjoy the support of Vice-President, Robert M. Creamer and our incoming Treasurer, George P. L. Filliter. The Society is in good hands. Best wishes to the Executive Committee and the new members of Council for the coming year. Thank you for allowing me the opportunity to serve you as your President. John B. Malone, Q.C. President
6 LAW NEWS PAGE 6 SEPTEMBER 2014 COUNCIL BRIEFS TWU Law School On June 27, 2014, Council of the Law Society of New Brunswick adopted the following motion by a vote of 14 to 5: Council accepts the report of the Federation Approval Committee, that, subject to the concerns and comments noted in the report, the TWU program will meet the national requirement and thereby approves the proposed law school at Trinity Western University pursuant to paragraph 22(3)(b) of the General Rules under the Law Society Act, In addition, Council unanimously adopted the following motion: THAT Council reconfirm that, regardless of educational background and personal beliefs, a member of the Law Society of New Brunswick, including a student-at-law, shall in all activities, professional and other, not discriminate against any person on grounds of age, colour, disability, gender, language, marital status, national or ethnic origin, race, religion, sex or sexual orientation, social condition and political belief or activity, and, in particular, shall respect the dignity and worth of all persons and shall treat all persons equally and without discrimination. Vacancies on Council The following regional representatives were appointed on June 29, 2014: Moncton-Riverview-Dieppe Justin J. Robichaud Counties of Westmorland, Kent & Albert Wynn Meldrum 2015 Annual General Meeting It was decided that the 2015 Annual General Meeting will take place on June 26, 27 & 28 at the Algonquin Resort in Saint Andrews.
7 LAW NEWS PAGE 7 SEPTEMBER ANNUAL MEETING New Executive On June 28, 2014, the Law Society of New Brunswick elected its new Executive for the 2014/2015 term: Hélène L. Beaulieu, Q.C., of Moncton, (President), Robert M. Creamer, of Saint John (Vice-President), George P. Filliter, of Fredericton (Treasurer) From left to right: George P. Filliter (Treasurer), Robert M. Creamer (Vice-President), John B. Malone, Q.C. (Past President), Hélène L. Beaulieu, Q.C. (President), Marc L. Richard, Q.C. (Executive Director) Flewwelling Photography 2014 Life Members At its 2014 Annual Meeting, the Law Society of New Brunswick honoured its newest life members. Life membership is given to members of the Law Society in good standing who have been in practice for 50 years. This year s recipients were: Mr. Donald L. Cullinan, Q.C. Honourable Alfred R. Landry, Q.C. Mr. Charles A. Sargeant, Q.C. Mr. Douglas V. Wright From left to right: Hon. Alfred R. Landry, Q.C., Douglas V. Wright, John B. Malone, Q.C. (Past President), Donald L. Cullinan, Q.C., Charles A. Sargeant, Q.C. Flewwelling Photography
8 LAW NEWS PAGE 8 SEPTEMBER 2014 Members Request NOTICE Special General Meeting Saturday, September 13, 2014 Location: Centre Communautaire Sainte-Anne 715 Priestman Street, Fredericton, NB Registration: Starts at 12 noon Call to order: 1 p.m. August 21, 2014 Having received a written request that meets the requirements of subsection 20(2) of the Law Society Act, 1996, Council hereby convenes a Special General Meeting of the Society to be held at the Centre Communautaire Sainte-Anne, 715 Priestman Street, Fredericton, NB, on Saturday, September 13, 2014, commencing at 1 p.m. All Law Society members in good standing are invited to attend. Business Pursuant to paragraph 20(3)(b) and subsection 20(8) of the Law Society Act, 1996, the business of the Special General meeting will be limited to the following motion: WHEREAS pursuant to paragraph 5(a) of the Law Society Act, 1996, it is the object and duty of the Law Society of New Brunswick to uphold and protect the public interest in the administration of justice ; AND WHEREAS pursuant to paragraph 5(b) of the Law Society Act, 1996 it is the object and duty of the Law Society of New Brunswick to preserve and protect the rights and freedoms of all persons; Page 1/4 68, rue Avonlea Court, Fredericton, NB E3C 1N8 telephone/téléphone : (506) facsimile/télécopieur : (506)
9 LAW NEWS PAGE 9 SEPTEMBER 2014 AND WHEREAS pursuant to paragraph 5(d) of the Law Society Act, 1996, it is the object and duty of the Law Society of New Brunswick to establish standards for the education, professional responsibility and competence of its members and applicants for membership ; AND WHEREAS in February 2014, the Canadian Bar Association s Council carried a resolution urging the FLSC and the provincial and territorial law societies to: require all legal education programs recognized by the law societies for admission to the bar to provide equal opportunity without discrimination on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, gender expression, gender identity, age or mental or physical disability, or conduct that is integral to and inseparable from identity for all persons involved in legal education including faculty, administrators and employees (in hiring, continuation, promotion and continuing faculty status), applicants for admission, enrolled students and graduates of those educational programs ; AND WHEREAS Trinity Western University requires that all students, faculty and staff enter into a Community Covenant Agreement that prohibits sexual intimacy that violates the sacredness of marriage between a man and a woman ; AND WHEREAS the Community Covenant Agreement thereby discriminates against members of the LGBTTQ community; AND WHEREAS the accreditation of Trinity Western University, while it maintains and promotes the discriminatory policy reflected in its Community Covenant Agreement, would not be in the public interest or the interest of justice and would not serve to promote and improve the status of lawyers in society; THEREFORE, the Law Society Council is directed to declare that Trinity Western University s law program is not an approved faculty of law. MESSAGE The issue raised by the request of Trinity Western University for the accreditation of their law program was considered and determined by Council of the Law Society following a consultation process with all members of the profession and the public. On June 27, 2014, during a meeting, open to members and the public, Council of the Law Society accepted the report of the Federation Approval Committee subject to its concerns and comments and approved the proposed law school at Trinity Western University. Process followed by Council On April 1, 2014, an was sent to all members informing the profession that on June 27, 2014, Council of the Law Society would meet to determine whether Trinity Western University's (TWU) proposed law school program, for which preliminary approval was granted by the Federation of Law Societies of Canada, should be approved for purposes of meeting the Page 2/4
10 LAW NEWS PAGE 10 SEPTEMBER 2014 academic qualification requirement for admission to the New Brunswick Bar. In the interests of transparency and openness, Council invited written submissions from members and the public. Ninety-seven (97) written submissions were received and considered. Submissions were posted on the Law Society's website. Individuals and organizations were invited to attend and make oral presentations at the Council meeting. A press release was also issued on April 1, 2014, inviting public input. The memo inviting input from members was also included in the Law Society s April newsletter which was sent via April 15, This process gave Council and members sufficient time to become familiar with the issues and material to participate effectively in a discussion whether or not to approve the TWU faculty of law while meeting our obligations to provide procedural fairness and providing all of the Council members with the opportunity to engage in a full and open discussion of this difficult and important issue. Council s decision The authority to approve a Common law faculty of law is vested in Council pursuant to subsection 22(3) of the General Rules under the Law Society Act, On June 27, 2014, Council adopted the following motion by a vote of 14 to 5: Council accepts the report of the Federation Approval Committee, that, subject to the concerns and comments noted in the report, the TWU program will meet the national requirement and thereby approves the proposed law school at Trinity Western University pursuant to paragraph 22(3)(b) of the General Rules under the Law Society Act, In addition, Council unanimously adopted the following motion: THAT Council reconfirm that, regardless of educational background and personal beliefs, a member of the Law Society of New Brunswick, including a student-at-law, shall in all activities, professional and other, not discriminate against any person on grounds of age, colour, disability, gender, language, marital status, national or ethnic origin, race, religion, sex or sexual orientation, social condition and political belief or activity, and, in particular, shall respect the dignity and worth of all persons and shall treat all persons equally and without discrimination. Council made their decision after thoughtful and careful consideration of two Federation reports on the TWU application, nearly 500 pages of submissions from the public and the profession, a submission from TWU and oral presentations from interested parties. All of the documents considered by Council are available on the Law Society website at Members are encouraged to review the material that was before Council. Page 3/4
11 LAW NEWS PAGE 11 SEPTEMBER 2014 Rules for the Special General Meeting (as established by Council on August 20, 2014) In order to maximize the opportunity for those who may wish to speak at the Special General Meeting and still hold the vote in a timely manner, Council has passed a motion on August 20, 2014, that: 1. Registration will begin at 12 noon on September 13, 2014, and close when the vote is called on the resolution; 2. Subsections 69(1) and 69(2) of the General Rules under the Law Society Act, 1996, will not apply for this Special General Meeting (waiving the requirement to receive and approve the minutes of the previous General Meeting and the requirement to receive reports of Council, of Committees and the Treasurer); 3. There will be a time limit of 10 minutes for each member who wishes to speak; 4. Members will not be allowed to speak for a second time; 5. Members must be present in person at the meeting to be entitled to vote; 6. The vote on the motion will be by secret paper ballot; 7. The vote will take place as determined by the meeting, but in any event not later than 4 p.m. The President will have the discretion to hold the vote after 4 p.m.; and 8. All other matters will be governed by Robert s Rules of Order, Newly Revised. Council wish to remind everyone that this is a meeting called by members and interested members should attend to vote on the issue. Note: Media may attend the Special General Meeting. However, no recording devices (cameras, tape recorders) will be permitted Page 4/4
12 LAW NEWS PAGE 12 SEPTEMBER /2015 COMMITTEE APPOINTMENTS Council appointed the following members at its June 27, 2014, meeting: Admissions Committee Matthew T. Hayes (Chair) Renée Blanchard Audit & Risk Management Committee George P. Filliter Richard J. Scott, Q.C. Bar Admission Course Committee Darren Blois Matthew Cripps Compensation Fund Committee Mathieu Picard Competence Committee Sonia St-Pierre Maya Hamou Mélanie Tremblay Complaints Committee Michèle Morin Discipline Committee Monique Veillette Norman Branch (public representative) Suzanne LeBlanc (public representative) Insurance Management Committee Lyne Raymond Mandatory Continuing Professional Development Committee Tina R. Lagacé-Rivard NB Law Foundation Council Bruce Eddy, Q.C. (Chair) Art Gallant (public representative) Provincial Libraries Committee Erika MacDonald For a complete list of all committee members, please visit our website at
13 LAW NEWS PAGE 13 SEPTEMBER 2014 LAW SOCIETY OF NEW BRUNSWICK BARREAU DU NOUVEAU-BRUNSWICK IN THE MATTER of the Law Society Act, 1996 and IN THE MATTER of the disbarment of GORDON W. KIERSTEAD, Q.C. NOTICE OF DISBARMENT ON June 9, 2014, a panel of the Discipline Committee of the Law Society ordered that Gordon W. Kierstead of Dalhousie, N.B., be disbarred from the Law Society pursuant to paragraph 60(1)(d) of the Law Society Act, 1996 effective June 9, The panel also ordered that pursuant to paragraph 60(1)(e) of the Act, that Gordon W. Kierstead pay costs in the amount of $37, The panel found that Gordon W. Kierstead was guilty of: Lack of diligent and conscientious representation of his clients, acting contrary to his clients interests, misleading clients and providing a poor quality of service; Misappropriation of clients trust funds and client fees, charging clients for disbursements that were not incurred; Having clients pay legal fees for transactions that were never completed and having clients pay legal fees for which a billing was not provided; and Failing to respond to the Registrar of Complaints in the investigation of complaints. All of which is contrary to Chapter 1(Integrity), Chapter 2 (Competence), Chapter 3 (Quality of Service), Chapter 4 (Advising Clients), Chapter 7 (Preservation of Client s Property), Chapter 9 (Fees), Chapter 19 (The Profession), Chapter 20 (The Administration of Justice) and Chapter 23 (Avoiding Questionable Conduct) of the Law Society of New Brunswick Code of Professional Conduct and Rule 4 of the Uniform Trust Account Rules and sections 42(2) and 42(3) of the Law Society Act, Shirley C. MacLean, Q.C. Registrar of Complaints
14 LAW NEWS PAGE 14 SEPTEMBER 2014 LAW SOCIETY OF NEW BRUNSWICK BARREAU DU NOUVEAU-BRUNSWICK IN THE MATTER of the Law Society Act, 1996 and IN THE MATTER of the suspension of HOWARD M. PETERS NOTICE OF SUSPENSION On May 26, 2014, a panel of the Discipline Committee of the Law Society ordered that: a) pursuant to subsection 60(1)(c) of the Law Society Act, 1996, Howard Peters of Fredericton, N.B. be suspended for a period of sixty (60) days commencing on June 5, 2014 and ending on August 5, 2014; b) pursuant to subsection 60(1)(e) of the Law Society Act, 1996, Howard Peters pay to the Law Society costs in the amount of $4, on or before September 12, On May 26, 2014, the panel of the Discipline Committee found that Howard Peters: had pleaded guilty to and was found guilty of conduct deserving sanction for failing to correspond with his client in a reasonable time notwithstanding having received a retainer from the client and agreeing to perform legal services on her behalf and providing his client with an invoice notwithstanding he did not complete legal work for her; had admitted, pleaded guilty to and was found guilty of conduct deserving sanction for failing respond to requests of the Acting Registrar of Complaints for documents, contrary to Chapter 1 (Integrity), Chapter 2 (Competence), Chapter 3 (Quality of Service), Chapter 4 (Advising Clients), Chapter 9 (Fees)and Chapter 19 (The Profession) of the Law Society of New Brunswick Code of Professional Conduct and Rule 4(2) of the Uniform Trust Account Rules, Sections 42(2) and 42(3) of the Law Society Act, 1996 and Rule 79(2) of the General Rules under the Law Society Act, Shirley C. MacLean, Q.C. Registrar of Complaints
15 LAW NEWS PAGE 15 SEPTEMBER 2014 LAW SOCIETY OF NEW BRUNSWICK BARREAU DU NOUVEAU-BRUNSWICK IN THE MATTER of the Law Society Act, 1996 and IN THE MATTER of the suspension of HOWARD M. PETERS NOTICE OF SUSPENSION PLEASE NOTE that, on July 25, 2014, a panel of the Complaints Committee of the Law Society ordered that pursuant to paragraph 53(1)(a) of the Law Society Act, 1996, Howard M. Peters of Fredericton, N.B. be suspended from the practice of law effective July 25, 2014 and pending the final disposition of complaints referred to the Discipline Committee. The panel of the Complaints Committee considered it probable that any continued practice of Howard M. Peters will be harmful to the public or his clients. Dated at Fredericton, New Brunswick, this 28th day of July Shirley C. MacLean, Q.C. Registrar of Complaints
16 LAW NEWS PAGE 16 SEPTEMBER 2014 Membership Changes Membership Statistics (as of September 5, 2014) Active Practising: 1,298 Non-Practising: 181 Retired: 123 Life Members: 46 Disabled: 9 Total: 1,657 In Memoriam The Law Society regrets to advise its membership that the following members have passed away and conveys its condolences to their family and friends. Hon. David M. Dickson Called to the Bar August 29, 1947 Janette Blue Called to the Bar June 21, 1972 J. Aurèle Poitras Called to the Bar June 24, 1977 Hon. Edmond P. Blanchard Called to the Bar February 13, 1979 Kevin F. Connell Called to the Bar April 27, 1983 Admissions Johanne Bray (practicing exempt)... June 2, 2014 Michael E. Cassone (practicing exempt)... June 2, 2014 Alan Farquhar (practicing insured)... June 2, 2014 Rebekah J. Logan (practicing insured)... June 2, 2014 Candace R. Salmon (practicing insured)... June 2, 2014 Joshua J. Santimaw (practicing insured)... June 2, 2014 Edward Anido (practicing insured)... June 17, 2014 Timothy R. Bell (practicing insured)... June 17, 2014 Tessa C. Belliveau (practicing insured)... June 17, 2014 Jean-Marc Benoit (practicing insured)... June 17, 2014 Michael D. Blackier (practicing insured)... June 17, 2014 Dominic Caron (practicing insured)... June 17, 2014 André Carroll (non-practicing)... June 17, 2014 Kathleen M. Chapman (practicing insured)... June 17, 2014 Venessa Comeau (practicing insured)... June 17, 2014 Laura K. Cutler (practicing insured)... June 17, 2014 Catherine A. Cyr (practicing insured)... June 17, 2014 Marie-Pierre Dionne (practicing insured)... June 17, 2014 Christine M.A. Drapeau (practicing insured)... June 17, 2014 Jeffrey H. Ellsworth (practicing insured)... June 17, 2014 Gregory L. Englehutt (practicing insured)... June 17, 2014 Chantal Gallant (practicing insured)... June 17, 2014 Adam D. Garland (practicing insured)... June 17, 2014 Jessica Gauthier-Trowsse (practicing exempt)... June 17, 2014 Simon-Pierre Godbout (practicing insured)... June 17, 2014 Victoria E. Gregan (practicing insured)... June 17, 2014 Patrick C. Grew (practicing insured)... June 17, 2014 Danielle J.M. Harding (practicing insured)... June 17, 2014 Colin J. Heighton (practicing insured)... June 17, 2014 Cynthia L. Jenkins (practicing insured)... June 17, 2014 Adam M. King (practicing insured)... June 17, 2014 Chelsea E. Lawson (practicing insured)... June 17, 2014 Lucie A. Leclerc (practicing insured)... June 17, 2014 Katherine H. Lewis (practicing insured)... June 17, 2014 Amy J. Maillet (practicing insured)... June 17, 2014 Matthew McEwen (practicing insured)... June 17, 2014 Jessica M. Melanson (practicing exempt)... June 17, 2014 Nadia Michaud (practicing insured)... June 17, 2014 John P.F. Morrissy (practicing insured)... June 17, 2014 David J. Mudge (practicing insured)... June 17, 2014 Ghislain Noël (practicing insured)... June 17, 2014 Jonathan M. O Kane (practicing insured)... June 17, 2014 Courtney A. Palmer (practicing insured)... June 17, 2014 Jennifer M. Petryshen (non-practicing)... June 17, 2014 Jay R. Phinney (practicing insured)... June 17, 2014 Michèle S. Poirier (non-practicing)... June 17, 2014 Tommy Raiche (practicing insured)... June 17, 2014 Isabelle Robichaud (practicing insured)... June 17, 2014 Julie Robichaud (non-practicing)... June 17, 2014 Ryan C. Seymour (practicing insured)... June 17, 2014 Natalie M. Stewart (practicing insured)... June 17, 2014 Krista M. Toner (practicing insured)... June 17, 2014 Jennifer S. Weston (practicing insured)... June 17, 2014 Dawn Wilcox (practicing insured)... June 17, 2014 Jay A. Williamson (practicing insured)... June 17, 2014
17 LAW NEWS PAGE 17 SEPTEMBER 2014 Membership Changes (continued) Changes of Status The following members have changed their status as indicated on the dates shown: To Non-Practising: William J. Corby, Q.C.... April 29, 2014 Kimberly Monteith... April 30, 2014 Laura T. Wentzell... May 1, 2014 Struan Smith... May 5, 2014 W. Peter Hickey... May 28, 2014 Kathryn M. Finn... May 30, 2014 Donald J. Higgins... May 30, 2014 Barbara J. Richards... June 1, 2014 Richard P. Burns, Q.C.... June 6, 2014 Charity S. Buckingham... June 19, 2014 Cyril W. Johnston... June 19, 2014 Cherrill Shea... June 19, 2014 Jessica A. Guitard... June 25, 2014 Warren J. Fensom... June 30, 2014 Colin A. Fraser... June 30, 2014 Crystal A. Gamble... June 30, 2014 Teresa Young... June 30, 2014 Bridget F. Beswick... July 1, 2014 Jocelyne A. LeBlanc... July 1, 2014 Stéphane Martin... July 1, 2014 John A. McQuaid... July 1, 2014 Kirk W. Meldrum... July 1, 2014 Cedric L. Haines, Q.C.... July 3, 2014 To Practising Insured: Katherine McBrearty... May 1, 2014 Martin Rioux... May 12, 2014 Stéphanie Luce... May 13, 2014 Renée Fougère... May 27, 2014 Jocelyne Léger-Nowlan... June 23, 2014 Lynda D. Farrell... July 1, 2014 Esther Park... July 1, 2014 Andrea L. Langdon... July 2, 2014 Amy Gough Farnworth... July 7, 2014 Sophie Noël... July 8, 2014 Jennifer M. Petryshen... July 28, 2014 J. Danie Roy... August 1, 2014 Jeffrey R. Burgess... September 1, 2014 Etienne N. Dodier... September 1, 2014 Michèle S. Poirier... September 2, 2014 To Practising Exempt*: Laura T. Wentzell... March 31, 2014 Charity Buckingham... April 1, 2014 Brent R. Corbin... April 1, 2014 Caterina Corazza... May 1, 2014 Marie-Pier Couturier... May 1, 2014 M. Eileen Ryan... May 1, 2014 Shawn Comeau-Gallimore... May 7, 2014 Serge Rousselle... May 12, 2014 Marie-Andrée J. Mallet... May 14, 2014 Mary Oley... May 20, 2014 Marie-Claude Thibodeau... May 20, 2014 Honourable Alfred R. Landry, Q.C.. May 20, 2014 Colin Fraser... May 26, 2014 Wendy L. Morgan... May 26, 2014 David G. Barry, Q.C.... May 27, 2014 Megan M. Kervin... May 27, 2014 Suzanne A. McIntyre-Wood... May 30, 2014 Christopher M. Ryan... May 30, 2014 Marie-Claude McIntyre... June 13, 2014 Jennifer L. Ronalds... June 16, 2014 Rebekah J. Logan... June 25, 2014 Craig A. Wilson... June 27, 2014 Steven D. Foulds... June 30, 2014 Michelle S. Brzak... July 1, 2014 Alan R. Farquhar... July 1, 2014 R. Alex Mills... July 1, 2014 Line Paquet... July 1, 2014 François M. Beaulieu... July 9, 2014 T. Ryan Seymour... July 31, 2014 Andrew Valeri... July 31, 2014 Laura T. Wentzell... August 15, 2014 Sonia S. Lanteigne... August 18, 2014 Megan M. Kervin... September 3, 2014 *These members are actively practising but are not insured under this Society s liability insurance policy.
18 LAW NEWS PAGE 18 SEPTEMBER 2014 Membership Changes (continued) Retired Christopher Waters... April 29, 2014 Ronald Ashfield, Q.C.... May 1, 2014 C. Suzanne Ball... May 31, 2014 George R. Richmond, Q.C.... June 10, 2014 Ronald E. Gaffney, Q.C.... June 11, 2014 M. Jane Michael... June 19, 2014 Susan E. Isaacs-Lubin... June 26, 2014 Lucien L. LeBlanc... June 26, 2014 James E.A. Stanley... June 26, 2014 Richard W. Bird, Q.C.... June 30, 2014 J. Shawn O Toole... June 30, 2014 Christine A. Fagan, Q.C.... July 1, 2014 Basil D. Stapleton, Q.C.... July 1, 2014 David Stewart... July 1, 2014 Joanne M. O Kane... July 10, 2014 Helen L. Dickinson... August 12, 2014 Resignations Brent R. Hancox... April 25, 2014 Jeffrey E. Taylor... April 25, 2014 J. Scott Barnett... June 27, 2014 Marie-Pier C. Couturier... June 27, 2014 Ashley D. A. Dutcher... June 27, 2014 Naomi Furmston... June 27, 2014 Michael J. Martin... June 27, 2014 Josée Moreau... June 27, 2014 Jennifer L. Ronalds... June 27, 2014 Susan Rowland... June 27, 2014 Lise B. Vautour... June 27, 2014 Andrée L. Belliveau... June 29, 2014 Disbarment The following member was disbarred by a panel of the Discipline Committee: Gordon W. Kierstead, Q.C.... June 9, 2014 Suspensions The following members were suspended for non-payment of membership dues: Manon C. Arseneau Laevski... July 1, 2014 Kevin J. Bourque... July 1, 2014 Suzanne Doucet... July 1, 2014 J. David Kelly... July 1, 2014 Eric H.J. Perlinger... July 1, 2014 Wanda Mae Severns... July 1, 2014 S. Bryant Smith... July 1, 2014 The following members have been suspended for non-payment of the insurance fee: Isabelle J. Dionne... May 5, 2014 Julian C. Williams... May 5, 2014 Renée Fougère... June 10, 2014 Danielle J. M. Harding... August 1, 2014 Rodney D. Gould... August 1, 2014 The following member has been suspended by a panel of the Discipline Committee: Howard M. Peters... June 5, 2014 Reinstatements The following members, who had previously been suspended for non-payment of annual dues, have been reinstated: Wanda M. Severns (Practicing Insured)... July 14, 2014 Eric H. J. Perlinger (Non-practicing)... July 23, 2014 The following members, who had previously been suspended for non-payment of the insurance fee, have been reinstated: Isabelle J. Dionne (Practicing Insured)... May 7, 2014 Renée Fougère (Practicing Insured)... June 10, 2014 Rodney D. Gould (Practicing Insured)... August 5, 2014 Danielle J.M. Harding (Practicing Insured)... August 8, 2014 The following member, who had previously been suspended for failing to meet the 12 hour requirement for Mandatory Continuing Professional Development in 2013, has been reinstated: Pamela D. Palmater (Practicing Exempt)... May 7, 2014
19 LAW NEWS PAGE 19 SEPTEMBER 2014 Pursuant to subsection 24(2) of the General Rules under the Law Society Act, 1996, please find below the name of every person who has applied for admission as student-at-law. Student Principal Firm Name 1. Ashfield Peter Michael Connors McInnes Cooper 2. Beesley Marcus Jack Youssef Jack Elias Youssef 3. Beroual Zaynab Joanne Hadley Joanne Hadley C. P. Inc. 4. Betts Shawna Kelly Driscoll Kelly A. Driscoll Law Office 5. Bourgeois Maxime Michael E. Bowlin, Q.C. Cox & Palmer 6. Brown Meghan Natasha MacKay Mackay Law Office 7. Bryant Charles John Gillis Gilbert McGloan Gillis 8. Burns Owen Stephen Wilbur Wilbur Law Offices 9. Campbell Elaina Donald Keenan (Principal) Maria Henheffer, Q.C. (Assoc.Princ.) William Kean (Assoc.Princ.) Brenton Kean 10. Chiasson Jonathan Rita Godin Cabinet d Avocat Rita Godin 11. Churchill Dianne René Basque, Q.C. Actus Law/Droit 12. Cochrane Emily Cynthia Benson Stewart McKelvey 13. Collette Janik Mélanie McGrath Bell McGrath 14. Couture Alexis Sacha D. Morisset Stewart McKelvey 15. Cunningham James Michael Tripp (Principal) Tripp Business Law Kezia Williamson (Assoc.Princ.) Kezia Law / Droit Kezia 16. Doucette Gabrielle Ronald J. LeBlanc, Q.C. (Principal) Bernard Mallet (Assoc.Princ.) LeBlanc Maillet 17. Doyle Nicholas Brenda Noble, Q.C. Cox & Palmer Page 1/3
20 LAW NEWS PAGE 20 SEPTEMBER Fernandez Frederick Michael McCluskey McCluskey Law 19. Haché Charles David O Brien, Q.C. Cox & Palmer 20. Hébert Justin Jason Dempsey Dempsey Law 21. Hutchin Geoffrey John Malone, Q.C. Malone Law 22. Hutchinson Kathleen Sarina McKinnon New Brunswick Human Rights Commission 23. Jagoe Meghan Alan Schelew Alan D. Schelew 24. Kalinowski Alana Monika Zauhar Cox & Palmer 25. Landry Sophie Lizon Chiasson-Foulem McIntyre Finn 26. LeBreton Karine Frank E. Hughes McInnes Cooper 27. Léger Daniel 28. Lester Kelli Brian Murphy (Principal) Myer Rabin (Assoc.Princ.) David Lutz, Q.C. (Principal) Carley Parish (Assoc.Princ.) Groupe Murphy Group Lutz Longstaff Parish 29. MacMaster Meaghan James LeMesurier, Q.C. Stewart McKelvey 30. Mallet Frédérick Carole Sirois-Paquette Sirois Paquette 31. Mahoney Jonathan Aaron Savage Cox & Palmer 32. Mallia-Dare Myron Clarence Bennett Stewart McKelvey 33. Moss Andrew Steven Barnett Foster and Company 34. Nadeau Maryse Blair Fraser Cox & Palmer 35. O Brian Kelsey Hélène Beaulieu, Q.C. Cox & Palmer 36. O Toole Nicholas Sheila Cameron, Q.C. Actus Law/Droit 37. Ouimet Julien Ellen Desmond (Principal) Energy Utilities Board Erin O Toole (Assoc.Princ.) Financial and Consumer Services Commission Page 2/3
21 LAW NEWS PAGE 21 SEPTEMBER 2014 Jennifer Murray (Assoc.Princ.) Office of the Ombudsman 38. Peters Nelson Martin Aubin Martin Aubin 39. Pick Jennie Chief Justice J. Ernest Drapeau New Brunswick Court of Appeal 40. Piercy Grace Stephen Hill Cox & Palmer 41. Pike Krista Ann Whiteway Brown, Q.C. Whiteway Brown Law Office 42. Pollabauer Andrew Brian Delaney Mosher Chedore 43. Reardon Sarah James Mosher McInnes Cooper 44. Storey Meaghan Jamie Storey Jamie M. Storey P.C. Inc. 45. Sullivan Brittany D. Ellen Cook, Q.C. Martin & Cook 46. Szmadyla Justin Michael Bray, Q.C. Foster and Company 47. Talbot Clémence Chief Justice J. Ernest Drapeau New Brunswick Court of Appeal 48. Thériault Camille Léonard Larocque Thériault, Larocque, Boudreau 49. Tracey Madison John McAllister (Principal) C. Thomas Prince (Assoc.Princ.) John L. McAllister P.C. Page 3/3
22 LAW NEWS PAGE 22 SEPTEMBER 2014 DISPOSITIONS OF THE COMPLAINTS COMMITTEE May 1, 2013 May 30, 2014 The following matters were considered by the Complaints Committee to constitute conduct deserving sanction: Matter 1 Breach of the Contingent Fee Rules under the Law Society Act, 1996 and breach of subsection 38 of the Law Society Act, Date of Complaints: November 5 and 8, 2012 Investigation by Complaints Committee: April 23, 2013 Disposition of Complaint: December 17, 2013 Reprimand A client had filed a Notice of Review to have the Member s account reviewed. When the Application was filed the Registrar opened an investigation pursuant to subsection 42 of the Law Society Act, 1996 to determine if the Member had concluded a fee arrangement with the client that was contrary to the provisions of the Act pertaining to contingent fees as there was evidence that the Member may have taken the file on both a retainer and contingent fee arrangement. In addition, when the client filed the Application for the Review, he informed the Society that he had not received an invoice from the Member. The Executive Director of the Law Society ordered the Member to provide an invoice pursuant to subsection 89 of the Act. The Member did not do so. The Registrar filed two complaints against the Member, one pertaining to the failure to respond to the Executive Director and the second for the potential breach of the Contingent Fee Rules. After interviewing the parties, the Complaints Committee found that the Member contravened the Contingent Fee Rules under the Act by concluding a fee arrangement with the client that was contrary to the provisions of the Act by taking a file on both a retainer and contingent fee arrangement. Also, the member failed to adequately respond to the Executive Director of the Law Society. The Complaints Committee imposed a reprimand pursuant to subsection 52(b) of the Law Society Act,
23 LAW NEWS PAGE 23 SEPTEMBER 2014 Matter 2 Breach of the Contingent Fee Rules under the Law Society Act, 1996 and breach of subsection 38 of the Law Society Act, Breach of Commentary 2 and 3 of Chapter 15 (Colleagues) of the Law Society of New Brunswick Code of Professional Conduct Date of Complaints: August 3, 2012 Investigation by Complaints Committee: October 21, 2013 Disposition of Complaint: March 10, 2014 Reprimand A complainant had hired the member in April of 2010 with respect to a family matter. By June of 2011 most matters were settled with the exception of spousal support. The complainant advised that the last time he had heard from his lawyer was in 2010 when the lawyer went on maternity leave. Numerous attempts to contact her by telephone went unanswered. He drove by her office but the closed sign was always in the window. The lawyer s telephone was also disconnected. The Complaints Committee found that it may have been that the lawyer advised her client that his work may be delayed during her maternity leave, but the lawyer never returned to work nor did she attempt to contact her client to return his file to him. The Committee found that it was the lawyer s responsibility to make every effort to contact her clients to make arrangements for their files during her maternity leave. Although the Member had no discipline record the Complaints Committee was aware that the Member had received previous cautions from the Registrar and the Committee for failing to communicate with her clients about their files during her maternity leave. The Complaints Committee imposed a reprimand pursuant to subsection 52(b) of the Law Society Act, WARNINGS The following matters were considered by the Complaints Committee and the Complaints Committee issued a written caution or warning to the member: A caution or warning does not constitute a disciplinary record. 2
24 LAW NEWS PAGE 24 SEPTEMBER 2014 Matter 1 Consideration of Chapter 2 (Competence), Chapter 3 (Quality of Service), Chapter 4 (Advising Clients) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: May 22, 2012 Investigation of the Complaints Committee: April 11, 2013 Disposition of Complaint: June 4, 2013 The Complainants had retained the Lawyer to represent them in a property dispute with their neighbors. The litigation was settled by the parties just prior to the hearing of the matter. However, the complainants advised that the Lawyer arrived at their house early in the morning to have them sign a consent order. They were unaware that one clause of the order had been modified and they alleged that the Lawyer did not advise them of the change and if he had they would not have concluded the settlement. The Lawyer s position was that the order was modified only slightly and did not affect his clients. However, the Lawyer also admitted when interviewed that when he met with his clients to sign the order he did not review its contents with them. The Complaints Committee imposed a caution pursuant to section 51(1)(b.1) of the Law Society Act, 1996 that when the Lawyer meets clients to have them execute documents he must ensure that the client is aware of the contents of the documents in order to provide the client with the opportunity to ask questions or seek clarification. Matter 2 Consideration of, Chapter 3 (Quality of Service), Chapter 4 (Advising Clients) and Chapter 23 (Avoiding Questionable Conduct) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: June 25, 2012 Investigation of the Complaints Committee: March 21, 2013 Disposition of Complaint: June 13, 2013 The Complainant had retained a senior partner of the Lawyer s firm to represent her in a family law file. The Lawyer and not the senior partner- handled most of the file. At the time the firm was retained, the Lawyer had been admitted to the Bar for two years. The Complainant alleged that the bulk of the work on her file was left to the Lawyer, who to her appeared to be 3
25 LAW NEWS PAGE 25 SEPTEMBER 2014 unprepared and incompetent. The Complainant felt that at least some of the findings against her by the court were due to the Lawyer s inexperience. The Complainant also advised that during lunch with her prior to the court hearing, the Lawyer had a beer. The Committee interviewed the parties and concluded that the file was a complex and demanding one and the Lawyer had provided a reasonable service to his client, given his experience. However, the Committee was concerned with the Lawyer s decision to have a beer over lunch with a client prior to Court. Also, the Lawyer did not appear to consider that the matter was serous when interviewed by the Complaints Committee. The Committee cautioned the member pursuant to s. 51(1)(b.1) of the Act to abstain from alcohol prior to attending a court proceeding and / or during client meetings noting that there are some social occasions when it is appropriate to have a drink with a client, but during the representation of the client is not an appropriate time to do so. Matter 3 Consideration of, Chapter 3 (Quality of Service) and Chapter 15 (Colleagues) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: December 17, 2012 Investigation of the Complaints Committee: July 11, 2013 Disposition of Complaint: July 23, 2013 A complaint was filed by a client that there had been a delay in obtaining mortgage financing as the Lawyer delayed in providing mortgage discharges of previous mortgages on the client s property. There was also an indication that the Complainants lawyer had difficulty in communication with the Lawyer regarding the matter. The Lawyer advised that he was busy and also acknowledged his delay and rectified the matter to the satisfaction of the Complainant. The Lawyer also advised that he put office procedures in place to ensure that outstanding mortgage discharges are dealt with. The Committee cautioned the Lawyer pursuant to s. 51(1)(b.1) of the Act to ensure that discharges are obtained and registered in a timely fashion for all undertakings provided to colleagues to provide mortgage discharges. 4
26 LAW NEWS PAGE 26 SEPTEMBER 2014 Matter 4 Consideration of, Chapter 3 (Quality of Service) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: April 15, 2012 Investigation of the Complaints Committee: March 21, 2103 Disposition of Complaint: January 7, 2014 The Complainant retained the Lawyer in January 2011 to represent her in a family matter when her ex-husband was seeking sole custody of their son. The Complainant alleged that she saw very little of the Lawyer and dealt most often with the Lawyer s assistant. The Complainant met with the assistant to prepare her affidavit and the Lawyer telephoned twice during that time but the client did not speak to the Lawyer. The affidavit was not proofread by the Complainant nor did the Lawyer contact her to review it with her. The Complainant was unable to contact the Lawyer to ascertain her court hearing date and found out about it at the last minute. Her affidavit was filed with the Court without having reviewed it with her Lawyer and when interviewed by the Committee, the Complainant advised that she was embarrassed by some of its contents. The Complainant alleged that some costs had been awarded against her for failing to respond to communications from the Court but that she was unaware of such communications. The Committee cautioned the Lawyer pursuant to s. 51(1)(b.1) of the Act that the Lawyer has a duty to maintain adequate communication with and report to clients. The file was also forwarded to the Competence Committee. Matter 5 Consideration of s. 42(3) of the Law Society Act, 1996 and Chapter 19 (The Profession) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: April 9, 2013 Investigation of the Complaints Committee: December 12, 2013 Disposition of Complaint: December 19, 2013 The Registrar of Complaints filed a complaint against the Member for failing to respond to a complaint that had been filed against the Member. The Committee cautioned the Member pursuant to s. 51(1)(b.1) of the Act, that members must respond to communications from the 5
27 LAW NEWS PAGE 27 SEPTEMBER 2014 Law Society. The Committee took into consideration the fact that the Member was no longer practicing and was under medical care but also noted that if a Member is unable to immediately respond to communications from the Society that they should ensure that steps are taken to ensure that a response is sent by another person. Matter 6 Consideration of Chapter 9 (Fees) and Chapter 10 (The Profession) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: October 31, 2013 Investigation of the Complaints Committee: April 23, 2014 Disposition of Complaint: April 29, 2014 The Complainant had retained the Lawyer to represent him with respect to a family file regarding issues of custody and access. At a hearing which took place in June 2012 the judge set hearing dates for four days in August The Lawyer determined that given the short notice and the length of the trial she would require the assistance of another more senior lawyer at the firm. Both lawyers met with the complainant at the end of June 2012 to discuss the trial and the retainer. At this time the client was asked to sign a Notice of Intention to Act in Person. He was also advised that he would have to provide a $30, retainer prior to August 1 st. The Client requested additional time to make arrangements to pay the full amount. When the retainer was not provided on time the Lawyer withdrew her services. The Complainant was shocked at the amount of the required retainer that he was to provide in a short period of time. The Complaints Committee determined when they interviewed the parties that the Complainant had not understood the full effect of the Notice of Intention to Act in Person when he signed it. Because the Lawyer conceded that although the client was taking an aggressive attitude, she would have continued to represent the client had the retainer been provided, the Committee concluded that the main reason for the withdrawal of services by the Lawyer was the client s inability to pay in advance a relatively large retainer on short notice. The Committee cautioned the Member pursuant to s. 51(1)(b.1) of the Act, that the Lawyer has a responsibility to fully, openly and clearly communicate with clients and ensure that they understand the advice provided including potential consequences of proposed actions. Also, when clients are asked to sign a Notice of Intention to Act in Person clients must be provided with a full and frank disclosure of the implications of both signing and not signing the document. Also a clearly drafted retainer letter would have assisted the client understand the scope of the retainer. 6
28 LAW NEWS PAGE 28 SEPTEMBER 2014 Matter 7 Consideration of subsections 33 and 35 of the Law Society Act, 1996 and Chapter 19 (The Profession) and Chapter 23 (Avoiding Questionable Conduct) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: December 2, 2013 Investigation of the Complaints Committee: March 18, 2014 Disposition of Complaint: April 29, 2014 The ad hoc Registrar of Complaints filed a complaint against the Lawyer alleging that the Lawyer practised law while being suspended. The Lawyer was administratively suspended for non-payment of insurance premiums. During that time the Lawyer sent correspondence to a client and others which included the title Avocat-Lawyer. Also, the Lawyer had communicated with a client and a third party regarding that client s file. The Lawyer admitted and agreed that such activity was not acceptable but the Lawyer felt obligated to assist the client who had no financial means and he was a difficult client. The Committee cautioned the Member pursuant to s. 51(1)(b.1) of the Act not to use the title of lawyer unless she is a practicing member and to ensure that when communicating with former clients they should be made aware that the Lawyer is not authorized to practice law. Matter 8 Consideration of Chapter 2 (Competence), Chapter 3 (Quality of Service) and Chapter 4 (Advising Clients) of the Law Society of New Brunswick Code of Professional Conduct. Date of Complaint: January 21, 2103 Investigation of the Complaints Committee: September 23, 2013 Disposition of Complaint: September 30, 2013 The Complainants felt that the Lawyer failed to follow their instructions by failing to obtain their mother s signature on a 2009 Deed conveying her life interest to her home to the Complainants which they felt resulted in litigation against them. The Complainants and the Lawyer s versions of events were different in that the Complainants position was that the Lawyer discouraged having their mother sign the Deed removing her life interest. The Complainants held their mother s Power of Attorney. The Lawyer s position was 7
29 LAW NEWS PAGE 29 SEPTEMBER 2014 that when the Deed was signed the Complainants advised him that the mother was incompetent. The Deed was signed by the Powers of Attorney. The Complaints Committee found all the parties to be credible but could not determine which version of the facts was accurate, however, they concluded that the Lawyer did not act improperly in allowing the Deed to be signed by the Attorneys as they held a valid Power of Attorney. The Committee cautioned the Member pursuant to s. 51(1)(b.1) of the Act to take detailed written notes especially in circumstances in relation to the exercise of a Power of Attorney where it was evident that there were family issues in which litigation could arise. Complaints Committee: Mark Robere Chairperson, Gilles Bujold, Vice-Chairperson, Chantal Thibodeau, Vice-Chairperson, George Filliter, Vice-Chairperson, Guy Dumas, Vice-Chairperson, P.J. Veniot, Q.C., J. Marc Richard, Denis Boudreau,Kent Robinson, Jeffrey Mockler, Q.C., Stephen Doucet, Anik Bossé 8
30 LAW NEWS PAGE 30 SEPTEMBER 2014 CAUTIONS IMPOSED BY THE REGISTRAR OF COMPLAINTS The Registrar of Complaints may impose a written caution or warning to a member in circumstances considered by the Registrar not to justify other forms of sanction pursuant to section 41(e) of the Law Society Act, A caution or warning does not constitute a disciplinary record. Matter 1 Consideration of Subsection 83(3) of the Law Society Act, 1996 A complaint had been filed against the Lawyer alleging that it took an excessive amount of time to provide a legal opinion. No conduct deserving sanction was found on that issue. However, in the context of the complaint the Registrar noted that the Lawyer had concluded a contingent fee agreement with the client for a fee of 30% of the total amount recovered for the client inclusive of costs, charges and disbursements and 35% in the event that a decision granting judgment was appealed to a higher court. The Registrar imposed a caution that such an agreement would be in violation of the Contingent Fee Rules pursuant to the Law Society Act, 1996 which require that lawyers must submit any contingent fee in excess of 25% of the amount recovered to the Law Society for review by a reviewing officer. The Lawyer was cautioned that in future, if the Lawyer wishes to obtain a contingent fee in excess of 25% the agreement must be submitted to the Society for review. Matter 2 Consideration of Chapter 3 (Quality of Service) and Chapter 5 (Confidentiality) of the Law Society of New Brunswick Code of Professional Conduct. The Client retained the Lawyer in relation to a divorce and alleged that the Lawyer demonstrated unprofessionalism in his dealings with her. It was alleged that the Lawyer kept the Client in his office for hours while he reviewed and edited documents and breached confidentiality of clients by divulging personal information about cases he had worked on. The Client also alleged that the Lawyer delayed in completing her divorce. The Registrar found no evidence that the Lawyer breached client confidentiality or that the Lawyer detained his client in his office for an excessive period of time. 9
31 LAW NEWS PAGE 31 SEPTEMBER 2014 The Registrar imposed a caution pursuant to subsection 41(4)(g) of the Law Society Act, 1996 noting that the Client signed the Divorce Petition on May 19, 2011 which was filed on September 8, No correspondence was sent to the Client explaining the delay. The Lawyer was cautioned that in future if a Divorce Petition is signed and not filed shortly thereafter, the Lawyer should contact the client prior to filing to advise them of his intention to file it in order to make the client aware of what is occurring and obtaining their agreement. Matter 3 Consideration of Chapter 4 (Advising Clients), Chapter 8 (The Lawyer as Advocate) and Chapter 15 (Colleagues) of the Law Society of New Brunswick Code of Professional Conduct A Lawyer (The Complainant Lawyer) filed a complaint against opposing counsel (Lawyer B) in an employment law matter. The Complainant Lawyer alleged that in attempting to communicate about the file and to attempt to negotiate it, Lawyer B sent correspondence to the Complainant Lawyer with an offer to settle and a second correspondence with a letter of Complaint to the Law Society. That letter of complaint alleged that the Complainant Lawyer had contacted Lawyer B s client directly. The Complainant Lawyer was uncertain if the complaint had been filed with the Society but felt that the timing of the communications was suspicious and he felt intimidated by the situation and questioned if Lawyer B was seeking an advantage for his client. In addition, the Complainant Lawyer alleged that Lawyer B had not responded to his communications at the outset of the matter. The Complainant Lawyer had communicated with Lawyer B s client regarding the file, but the Complainant Lawyer felt that the lack of communication from the Complainant Lawyer, and the immediacy of the file required a response from him. The Registrar found that Lawyer B s communications to the Complainant Lawyer regarding the proposed settlement and the letter of complaint were not sent in order to secure an unfair civil advantage as two distinct letters were sent to the Complainant Lawyer. Also, Lawyer B appeared to feel an obligation to report the matter to the Law Society. The Registrar imposed a caution against Lawyer B finding that if Lawyer B had examined the correspondences from the Complainant Lawyer more closely and if they had formalized their correspondences in some way and in a more timely manner, perhaps the issues may not 10
32 LAW NEWS PAGE 32 SEPTEMBER 2014 have arisen. The Registrar cautioned the Member to review all electronic correspondence in a timely manner and respond to it in as timely a manner as possible with as much clarity as the situation may require. Matter 4 Consideration of Chapter 4 (Advising Clients), Chapter 8 (The Lawyer as Advocate) and Chapter 15 (Colleagues) of the Law Society of New Brunswick Code of Professional Conduct The Complainant Lawyer filed a complaint against Lawyer A alleging that Lawyer A had communicated with his client directly in breach of Chapter 15 of the Code. Lawyer A also selfreported the matter to the Law Society. Lawyer A explained that the he had been attempting to communicate with the Complainant Lawyer to negotiate the settlement of a file. Lawyer A believed that he could reply to an from the Complainant Lawyer s client at the same time requiring the client to forward his response to the Complainant Lawyer. Lawyer A subsequently acknowledged the absolute prohibition contained in commentary 2(ii) of Chapter 15 of the Code. The Complainant Lawyer withdrew the complaint, but the Registrar advised that the Society maintains jurisdiction over complaints and cautioned Lawyer A that a lawyer may only communicate with the client of another lawyer when there is consent from the lawyer. Matter 5 Consideration of Chapter 2 (Competence), Chapter 3 (Quality of Service), Chapter 4 (Advising Clients) and Chapter 9 (Fees) of the Law Society of New Brunswick Code of Professional Conduct The Complainant alleged that he retained the Member to represent him in a family matter but that the Member failed to be involved in most aspects of his file, referring the matter to a junior member of the firm. The Complainant alleged that the Member promised him he would appear at court hearings and he did not do so. As a result of the lack of involvement of the Member, the Complainant felt that his case was handled negligently and the Complainant felt he was poorly prepared and has had to start over with a new lawyer. The complaint also dealt with billing issues. The Discipline and Complaints provisions of the Law Society Act, 1996 have no jurisdiction to deal with issues of negligence or billing. 11
33 LAW NEWS PAGE 33 SEPTEMBER 2014 When the Complainant retained the Member he was aware that a junior lawyer would be working on the file, who did conduct most of the proceedings on the file. The Registrar found that although the Complainant was aware that the junior lawyer would be involved on the file, he did not assume that the junior lawyer would be conducting it. The Registrar cautioned the Member that clear parameters must be sent to clients in writing as to the role of the lawyers on the file and if the Member was to be unavailable for discoveries and/or court appearances this should be clearly explained to the client verbally and in writing so that it is clear to all parties involved that the client agrees and consents to that approach. Matter 6 Consideration of Chapter 2 (Competence), Chapter 3 (Quality of Service) and Chapter 9 (Fees) of the Law Society of New Brunswick Code of Professional Conduct The Complainant retained the Member in January 2010 with respect to division of marital property. A court date had been set for July 2011 and adjourned as requested by the other counsel. New court dates were set for the end of May 2012 and the Member brought the Complainant to her office the week prior. Some witnesses were unavailable for the hearing as the Member contacted them as to the court dates a week prior to the hearing. The Complainant was dissatisfied with the length of time it took to obtain court dates. The Registrar noted the delays that exist in Family Court in all judicial districts which are out of the control of members of the Society. However, the Registrar cautioned the Member that in future the Member should ensure that if witness are required for a hearing, that the witness are available and made aware of the dates in order to avoid delay and adjournments. Matter 7 Consideration of Chapter 3 (Quality of Service) of the Law Society of New Brunswick Code of Professional Conduct The Complainant retained the Member in a family matter and had been unable to communicate with the Member for a long period of time regarding her file. The Complainant telephoned the Member on numerous occasions and attended her office but no response was provided. A response was provided only after a complaint was filed with the Law Society. The Member acknowledged the lack of response and apologized. 12
34 LAW NEWS PAGE 34 SEPTEMBER 2014 The Registrar cautioned the Member to return in a prompt and reasonable period of time all communications from clients and to report back to them on the status of their file. Also an invoice should be provided promptly to clients in all circumstances when the member has been paid legal fees for services provided. 13
35 LAW NEWS PAGE 35 SEPTEMBER 2014 A reminder to all members: The Canadian Lawyers Insurance Association has Loss Prevention Bulletins available on their website. The Bulletins include risk prevention techniques to help lawyers minimize the likelihood of being sued for malpractice. These Bulletins are issued periodically and provide valuable tips and information for all lawyers practising law in Canada. For current bulletins visit CLIA s website: Un rappel à tous les membres : L Association d Assurance des Juristes Canadiens a un bulletin de Prévention des Pertes sur son site Web. Ces bulletins offrent les techniques de prévention des sinistres pour aider les avocats à minimiser le risque d être poursuivi pour faute professionnelle. Ces bulletins sont publiés périodiquement et fournissent des conseils et des renseignements précieux à chaque avocat qui pratique au Canada. Pour obtenir une copie à jour, veuillez visiter le site Web de l AAJC : PROFESSIONAL LIABILITY RESERVE FUND 68, rue Avonlea Court Fredericton, NB E3C 1N8 FONDS DE RÉSERVE POUR LA or (506) Fax: (506) RESPONSABILITÉ PROFESSIONNELLE
36 LAW NEWS PAGE 36 SEPTEMBER 2014 BENCH RUL~ IN RESPECT OF COURT DRESS ",T HEARINGS I N THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK 1. In the Trial Division (a) The presiding Judge, counsel and the Clerk, if present, shall be gowned at any hearing involving a trial, an appeal or an appl ication instituted by Notice of Application, provided that where only counsel are to be present the presiding Judge may dispense with gowning. (b) Unless prescribed in advance by the presiding Judge, gowning shall not be required on the hearing of an interlocutory motion. 2. In the Family Division (a) At any hearing where witnesses are to be examined the Judge and counsel shall be gowned; (b) Ordinary business dress, as defined i n s.4, may be worn on other occasions including: (i) attendance to seek adjournments only; ( ii ) attendance for arguments only; the purpose of submitting oral (iii) appearances by counsel for the purpose of consenting to an order; (iv) (v) on the return of warrants; ex parte applications or appearances before a Judge on appointments; and (vi) attendance of counsel on the rendering decisions. of oral 3. By "gowning" shall be meant that form of attire prescribed by "Bench Rule Respecting the Dress of Barristers in Court and in Chambers, and Related Matters" adopted by the Judges of the Supreme Court of New Brunswick and of the County Court of New Brunswick by order dated June 30, 1975, viz. (a) A male barrister shall be gowned and wear a long- sleeved white shirt with cuffs, a winged collar and tabs, a black or dark- coloured suit or a long- sleeved court jacket, a court vest and b l ack or dark coloured trousers, preferably striped, dark coloured socks and b l ack shoes; (b) A female barrister shall be gowned and wear a long- sleeved court vest, a dark coloured kneelength skirt, or slacks, a long- sleeved white shirt with cuffs, a winged collar and tabs and dark coloured shoes. 4. On any appearance before a Judge where gowning is not required a male barrister shall wear a business suit or a coat- and- pant suit, and a shirt and necktie, and a fema l e barrister shall be correspondingly suitably attired. This rule becomes effective forthwith. Issued by order of Bench of New Brunswick this 12th d ' Court of Queen's /
37 LAW NEWS PAGE 37 SEPTEMBER 2014 SECTION: Applications for First Registration NUMBER: DIRECTIVE Land Registry SUBJECT: AFRs Deceased Joint Tenants - Names PURPOSE REFERENCE The directive below defines the process to deal with joint tenancy survivorship issues on AFR submissions. N/A DIRECTIVE Required names on the AFR for Joint Tenancy WHEN YOU HAVE 1 OR MORE SURVIVING JOINT TENANT OWNER(S): Based on the Land Registry information, the AFR shall reflect all the names of the owners, including the deceased (all the deceased owners in addition to the surviving joint tenant owner) The name of the deceased joint tenant owner(s) does not have to comply with the Naming Conventions Regulation As a result, the CRO issued will reflect all the Joint Tenant owners per the AFR. The surviving joint tenant(s) will register Form 48 or Form 48.1 to remove the deceased joint tenant owner(s) from title WHEN ALL THE JOINT TENANT OWNERS ARE DECEASED UPON CONVERSION: Register the Will of the last surviving joint tenant (there is no need to register the Will of the first/other deceased joint tenant who predeceased the surviving joint tenant owner) The last joint tenant owner to die will be reflected on title as the owner The AFR shall reflect the name of the last surviving joint tenant with the ESTATE qualifier, enabled by the Deed and the name of the Executor (personal representative), of the last joint tenant owner, with the IN TRUST qualifier enabled by the Will or Letters there is no need to reflect the first/other deceased joint tenant(s) on title as owner on the AFR The name of the last surviving joint tenant does not have to comply with the Naming Conventions Regulation The name of the Executor (personal representative) must comply with the Naming Conventions Regulation Please insert a comment in the AFR comment box to state that the previous owner(s) predeceased the last surviving joint tenant owner and that you have the proof of death on file DATE EFFECTIVE ISSUED REVISED Page 1 of 1
38 LAW NEWS PAGE 38 SEPTEMBER 2014 SECTION: Applications for First Registration NUMBER: DIRECTIVE Land Registry SUBJECT: AFRs Enabling deceased owners (sole or tenant in common) where the original will is registered prior to conversion PURPOSE REFERENCE The directive below outlines how to reflect estate interests where the original will of the owner(s) on title is registered pursuant to section 25 of the Registry Act. Section 15 Standards for the Practice of Real Property Law Sections 9 & 18 Devolution of Estates Act DIRECTIVE Ultimately, the decision to certify ownership and title to a parcel is the responsibility of the lawyer submitting the AFR. This decision is to be based on the results of the title search conducted and the interpretation of the applicable legislation, in conjunction with how the estate of the deceased owner will be dealt with following conversion to the Land Titles system. When the title search reveals an owner whose original Will has been registered pursuant to section 25 of the Registry Act, the determination by the lawyer certifying title as to who should be reflected as owner on the AFR should be based on the following considerations: Who was the property devised to? Does the Will enable the Executor (Personal Representative) with the power of sale? How much time has elapsed since the death of the testator? Will the Executor pay debts by selling the real property prior to distributing the estate to the beneficiaries entitled thereto? Will both the Executor and the beneficiaries transfer the property following conversion? Is this marital property where the devise to other beneficiaries is null and void as a result? On the AFR: Once a determination has been made as to who will be reflected on title based on the considerations above, the individual owners may be reflected as follows in the ownership field of the AFR: The deceased owner with the ESTATE qualifier, enabled by the Deed where they acquired title, and the Executor (personal representative) with the IN TRUST qualifier, enabled by the Will of the deceased DATE EFFECTIVE ISSUED REVISED Page 1 of 2
39 LAW NEWS PAGE 39 SEPTEMBER 2014 SECTION: Applications for First Registration NUMBER: DIRECTIVE Land Registry SUBJECT: AFRs Enabling deceased owners (sole or tenant in common) where the original will is registered prior to conversion The deceased owner with the ESTATE qualifier, enabled by the Deed where they acquired title, and the names of the beneficiaries entitled thereto, with no qualifiers, all enabled by the Will of the deceased The deceased owner with the ESTATE qualifier, enabled by the Deed where they acquired title, the Executor (personal representative) with the IN TRUST qualifier, enabled by the Will of the deceased, and the names of the beneficiaries entitled thereto, with no qualifiers, all enabled by the Will of the deceased The beneficiaries under the Will as owners, with no qualifiers, enabled by the Will of the deceased if the certifying lawyer is satisfied that they are, in fact, the owners. NOTE: The deceased owner name does not have to comply with the Naming Conventions Regulation The name of the Executor (Personal Representative) and the names of the beneficiaries must comply with the Naming Conventions Regulation The address of the deceased owner is the address of the Executor, or the address of one of the beneficiaries Please insert a comment in the AFR comment box to explain to staff why the owners in the ownership field are reflected as such (particularly where the submitted ownership differs from what appears in PLANET prior to conversion) DATE EFFECTIVE ISSUED REVISED Page 2 of 2
40 LAW NEWS PAGE 40 SEPTEMBER 2014 NOTICE/AVIS September 1, 2014/1 er Septembre 2014 Notice : Forms established by the Director Avis : Formulaires établis par le directeur As part of the Smart Regulation initiative, An Act to Amend the Business Corporations Act will be proclaimed on September 1, At the same time NB Regulation under the Act will be amended to delete all forms under the Regulation. Pursuant to the amending Act, the Director has authority to establish forms, i.e. prescribe the forms and content of the forms that are required to be sent to the Director. Based on the above, the Director has established the forms. The forms, including their Form number and content, are identical to the forms that were in the Regulation. The forms can be accessed online at snb.ca by selecting Forms by Department or going to the SNB Corporate Registry webpage and selecting the Forms tab. Any inquiries, please contact the Corporate Registry at Dans le cadre de l initiative de réglementation intelligente, la Loi modifiant la Loi sur les corporations commerciales sera proclamée le 1 er septembre Au même moment, le Règlement du Nouveau-Brunswick de la Loi sera modifié de manière à supprimer tous les formulaires en vertu du Règlement. Conformément à la loi modificative, le directeur a l autorité d'établir des formulaires, c est à dire d imposer les formulaires et le contenu qui doivent lui être envoyés. À cet égard, le directeur a établi les formulaires. Ces formulaires, incluant leur numéro et leur contenu, sont identiques à ceux qui se trouvaient dans le Règlement. Ils sont accessibles en ligne sur le site snb.ca en sélectionnant «Formulaires les plus en demande» ou sur la page Web du Registre corporatif en sélectionnant l'onglet «Formulaires». Si vous avez des questions, n hésitez pas à appeler le Registre corporatif au Charles McAllister Director- Business Corporations Act Directeur Loi sur les corporations commerciales
41 LAW NEWS PAGE 41 SEPTEMBER 2014 BAR MEMO / NOTE DE SERVICE DU BARREAU September 2014/Septembre 2014 Effective October 6, 2014, we are changing the content of our certificates of status that are issued under the Business Corporations Act for provincial corporations. This new certificate of status will have the following content (see attached as well): Le 6 octobre 2014, nous avons modifié le contenu des certificats de statut délivrés aux corporations provinciales en vertu de la Loi sur les corporations commerciales. Ce nouveau certificat de statut comprend les renseignements suivants (voir également le document ci-joint) : proper name of the corporation and reference number date of incorporation/continuance whether we have received a notice of intent to continue out of New Brunswick whether it is an existing corporation or has been dissolved. raison sociale de la corporation et numéro de référence date de la constitution en corporation ou de la prorogation réception ou non d un avis d intention de poursuivre les activités à l extérieur du Nouveau- Brunswick corporation existante ou dissoute. Information on whether the corporation has filed an annual return is no longer set out on the certificate of status. Annual return and other information is available through our website either by doing a specific search or examining the actual documents filed in the Corporate Registry, when a situation requires such information. Why are we implementing this change? The benefits are as follows: L information relative au rapport annuel de la corporation n apparaît plus sur le certificat de statut. Il est possible de consulter le rapport annuel et d autres renseignements sur notre site Web en effectuant une recherche ou en examinant les documents déposés auprès du registre corporatif, lorsque la situation l exige. Pourquoi ces changements sont-ils apportés? Les avantages sont les suivants : one standard certificate of status for provincial corporations ability to issue more efficiently by stream lining our procedures. ability to send back this new standard certificate to the lawyer by versus by mail and/or fax simplifying some of the content of the certificate and adding other content (e.g. certificat de statut standard pour les corporations provinciales; capacité de délivrance plus efficace grâce à la rationalisation des processus; capacité d envoyer le nouveau certificat standard aux avocats par courriel, plutôt que par la poste ou par télécopieur; simplification du contenu du certificat et possibilité d y ajouter d'autres renseignements
42 LAW NEWS PAGE 42 SEPTEMBER 2014 notice of continuance) makes the certificate more useful for the lawyer Discussions with Lawyers We have had discussions about this proposal with the Law Society. As well, we sent a Bar communique in October We also compared the content of certificate of statuses issued by other Canadian jurisdictions. We have also piloted the sending out of certificates of status by with a few law firms. Summary With this change, we will have improved the content of the certificate of status, streamlined our processes and will be sending out completed certificates of status by to the requesting law firm in lieu of sending it out by mail and/or fax. Our intention would be to implement similar changes in due course for certificates of status regarding extra-provincial corporations and nonprofits companies. If you have any questions, please call the Corporate Registry at (p. ex. : avis de prorogation), ce qui le rend plus utile aux avocats. Discussions avec les avocats Nous avons discuté de cette proposition avec le Barreau du Nouveau-Brunswick. De plus, nous lui avons envoyé un communiqué en octobre Nous avons également comparé le contenu des certificats de statut délivrés par d autres provinces et territoires canadiens. Par ailleurs, nous avons mis à l essai l envoi de tels certificats par courriel à quelques cabinets d avocats. Résumé Grâce à ces changements, nous avons amélioré le contenu du certificat de statut et simplifié nos processus, et nous enverrons dorénavant ces documents par courriel aux cabinets d avocats qui les demandent, au lieu de les envoyer par la poste ou par télécopieur. Nous prévoyons mettre en œuvre des changements semblables en temps voulu pour les certificats de statut destinés aux corporations extraprovinciales et aux compagnies à but non lucratif. Si vous avez des questions, n hésitez pas à téléphoner au personnel du registre corporatif en composant le Charles McAllister Director- Business Corporations Act Directeur Loi sur les corporations commerciale 2
43 LAW NEWS PAGE 43 SEPTEMBER 2014 DRAFT CANADA PROVINCE OF NEW BRUNSWICK BUSINESS CORPORATIONS ACT CERTIFICATE ÉBAUCHE CANADA PROVINCE DU NOUVEAU-BRUNSWICK LOI SUR LES CORPORATIONS COMMERCIALES CERTIFICAT I HEREBY CERTIFY that according to the records under the Business Corporations Act, JE CERTIFIE par la présente que d'après les livres en vertu de la Loi sur les corporations commerciales, ABCD Ltd./Ltée (#000001) was incorporated (or continued under this Act) on the 1 st day December I CERTIFY FURTHER that according to the said records the above corporation has not been dissolved. I CERTIFY FURTHER that according to the said records a Certificate of Dissolution was issued on the. I CERTIFY FURTHER that according to the said records a Notice of Satisfaction pertaining to the proposed continuance of the corporation to another jurisdiction was issued on the. a été constituée en corporation (ou prorogée en vertu de la présente Loi) le 1 er décembre JE CERTIFIE ÉGALEMENT que d après lesdits livres, la corporation ci-dessus n a pas été dissoute. JE CERTIFIE ÉGALEMENT que d après lesdits livres, un certificat de dissolution a été délivré le. JE CERTIFIE ÉGALEMENT que d après lesdits livres, un avis de satisfaction concernant la prorogation proposée de la corporation vers un autre territoire a été émis le. CERTIFIED under my hand at Fredericton, New Brunswick CERTIFIÉ par le soussigné à Fredericton, Nouveau-Brunswick Year/Année Month/Mois Day/Jour Director Directeur
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