February 2018 Sections Update

  • February 01, 2018

Family Law Okanagan 

Meeting in Review 2017/2018

Some of the most difficult family files are ones where one or more of the parties are dealing with mental health or substance abuse issues. Those issues may or may not be diagnosed but almost invariably result in erratic behaviour, significant issues relating to the children, and unreasonable positions being taken in the context of the proceedings. The CBABC Family Law – Okanagan Section invited Mr. Justice Gary P. Weatherill, Supreme Court of British Columbia and Jody Bekhuys, Registered Clinical Counsellor on September 26, 2017, to share tips on how best to deal with individuals suffering from mental health problems or substance abuse and how best to address these matters in court.

Insurance Law 

Meeting in Review 2017/2018

Saadati v. Moorhead is the latest Supreme Court of Canada decision addressing claims of personal injury of a psychological/mental nature. On October 19, 2017, the CBABC Insurance Law Section welcomed Dairn Shane, Preszler Law Firm, counsel for the appellant (plaintiff), who discussed the standard for compensable psychiatric injuries and the evidentiary landscape for these types of claims. Saadati reinforces how vital collateral witnesses are to establishing that the plaintiff has, indeed, suffered the alleged mental injury. From a societal perspective, Saadati may be seen as a change in the way mental health issues are treated, as this case places mental health issues on the same standing as physical health issues.

Administrative Law and Health Law 

Meeting in Review 2017/2018

On November 28, 2017, the Administrative Law and Health Law Sections welcomed Gene Fraser, Campbell Burton & McMullan LLP and Laura Johnston, Community Legal Assistance Society to speak about a number of systemic issues relating to mental health detention and advocacy in British Columbia, including issues relating to procedural fairness, right to counsel, and the discrimination against involuntarily detained individuals created by BC’s mental health laws. Laura stated that, “unlike other Canadian jurisdictions which have statutorily protected five-year reviews of their systems to ensure their mental health systems are minimally infringing Charter rights and are functioning effectively for people, BC has not engaged in this type of oversight of the system. To improve mental health law in BC, lawyers should provide legal advice and representation to people with mental health problems who are in mental health detention, take on pro-bono work, and sign up for legal aid rosters to conduct review panels by the mental health review board.”

Health Law

Meeting in Review 2017/2018

The CBABC Health Law Section kicked off the New Year on January 23, 2018 hosting a Year in Review with representatives from Ng Ariss Fong at the offices of Harper Grey LLP, which provided an overview of recent Health Law decisions from British Columbia and across Canada, as well as a discussion of upcoming cases of interest to Health Law Practitioners. 

Health Law 

The CBABC Health Law Section addresses various legal issues relating to health care, health care institutions and the health professions, and health law, such as health disciplines, mental health, public health facilities and patients’ rights. This Section provides a forum for rational and articulate discussion of issues in the health law field.

Save-the-Dates | 2018

The Section will be hosting a meeting in February or March, where the Section will discuss Medical Assistance in Dying. This meeting will feature speakers who act on behalf of physicians, health authorities and hospitals discussing recent developments in the law of medical assistance in dying.

Welcoming Kim Jakeman of Harper Grey LLP, she practises on behalf of physicians and is on the CBA National Health Law Section, and has testified before the Senate on this issue.

Following this meeting, the Section will be hosting a topic on Tips and Tricks re: Medical Experts in Litigation in April 2018, followed by a June meeting, which will discuss Privacy and Medical Records.

Meet the HEALTH LAW Section Executives

The Section is chaired by Daniel J. Reid, an associate with Harper Grey, and member of the Defamation, Privacy & Media Law, Insurance and Health Law Groups. He brings extensive experience as Chair, Vice-Chair, Treasurer and Secretary from positions dating back to 2012. 

Matthew R. Voell, Grant Kovacs Norell, is the Section’s Legislative Liaison, and has held the position with this Section since 2013. 

Erika L. Lambert-Shirzad comes to us from Borden Ladner Gervais LLP, and is the Section’s Secretary since last term. 

Aaron D. Atkinson practises with Harper Grey LLP, and has held the position of Treasurer since last term. 

Introducing the Sections Member-at-Large positions, Melissa Perry, who practises with Norton Rose Fulbright Canada LLP, and Susanne K. Raab, in her inaugural year, who practises with Pacific Medical Law.