The Law Society of Newfoundland and Labrador

2010 - 2011 Annual Report

Print Three

This Report covers the periodJune 2010 to June 2011

The Law Society of Newfoundland and LabradorAnnual Report 2010 - 2011ISBN 978-1-926574-29-5

Law Society Seal:Gerald Squires, RCA, LL D

Published by The Law Society of Newfoundland and Labrador

The Law Society of Newfoundland and Labrador

Annual Report2010 - 2011

CONTENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1

BENCHERS

Officers:

President: Glen L.C. NoelVice-President: Augustine F. Bruce

Elective Benchers

Eastern District:

Kenneth L. Baggs, QCR. Paul BurgessMorgan C. CooperBarry G. Fleming, QCBrenda B. GrimesSusan M. LeDrewLiam P. O'BrienIan C. WallaceDonovan F. MolloyAmy M. Crosbie

Central District:

Marcus A. EvansKevin T.A. Preston

Western District:

Shawn C. A. Colbourne, QCGeorge L. Murphy, QC

Labrador District:

J. John Noseworthy

Honorary Benchers

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

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

Appointed Benchers

Don Downer Glenda ReidLinda Harnett Bert Riggs

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1846 Hon Wm. B. Rowe, QC 1846 E. M. Archibald1849 Bryan Robinson, QC 1847 H. W. Hoyles1852 E. M. Archibald 1849 F. B. T. Carter1855 F. B. T. Carter 1855 George Hogsett1866 Wm. V. Whiteway 1856 Henry A. Clift1869 Robert J. Pinsent, QC 1869 M. W. Walbank1870 Wm. V. Whiteway 1866 Robert J. Pinsent1879 Robert J. Pinsent, QC 1869 M. W. Walbank1881 J. J. Little, QC 1877 T. I. Keough, QC1885 Robert J. Kent, QC 1879 Prescott Emerson, QC1893 Sir Wm. V. Whiteway, KCMG, QC 1885 Prescott Emerson, QC1908 Sir James S. Winter 1889 A. J. W. McNeily, QC1911 Daniel J. Greene, KC 1895 D. M. Browning1912 Donald Morrison, KC 1914 C. O’N. Conroy1919 J. A. Clift, KC 1916 C. H. Emerson, KC1923 P. F. Summers, KC 1919 Rt. Hon. Sir Wm. Lloyd1927 W. R. Howley, KC 1937 J. G. Higgins, QC1941 C. O’N. Conroy, KC 1947 J. A. Barron, QC1947 John G. Higgins, QC 1958 G. M. Stirling, CM, QC1958 R. S. Furlong, QC 1959 T. A. Hickman, QC1959 G. M. Stirling, CM, QC 1967 D. A. Mercer, QC1971 R. W. Bartlett, QC 1974 Noel Goodridge, QC1974 Donald A. Mercer, QC 1976 Francis P. Fowler, QC1977 Robert Wells, QC 1981 Ernest G. Reid, QC1981 Francis P. Fowler, QC 1982 Thomas J. O’Reilly, QC1982 Ernest G. Reid, QC 1983 M. Francis O’Dea, QC1983 Thomas J. O’Reilly, QC 1984 Peter W. Strong, QC1984 M. Francis O’Dea, QC 1985 David L. Russell, QC1985 Peter W. Strong, QC 1986 G. David Martin, QC1986 David L. Russell, QC 1986 J. Vernon French, QC1986 G. David Martin, QC 1987 Lewis B. Andrews, QC1987 J. Vernon French, QC 1988 John F. Roil, QC1988 Lewis B. Andrews, QC 1989 J. Derek Green, QC1989 John F. Roil, QC 1990 R. Barry Learmonth1990 J. Derek Green, QC 1991 Thomas R. Kendell, QC1991 R. Barry Learmonth 1992 Augustus G. Lilly, QC1992 Thomas R. Kendell, QC 1993 V. Randell J. Earle, QC1993 Augustus G. Lilly, QC 1994 Reginald H. Brown, QC1994 V. Randell J. Earle, QC 1995 Dana K. Lenehan, QC1995 Reginald H. Brown, QC 1996 Gloria Harding1996 Dana K. Lenehan, QC 1997 J. David B. Eaton1997 Gloria Harding 1998 Dennis C. MacKay1998 J. David B. Eaton 1999 Robert M. Sinclair, QC1999 Dennis C. MacKay 2000 Jeffrey P. Benson2000 Robert M. Sinclair, QC 2001 William H. Goodridge, QC2001 Jeffrey P. Benson, QC 2002 Stephanie L. Newell2002 William H. Goodridge, QC 2003 Brian F. Furey2003 Stephanie L. Newell 2004 Edward M. Hearn, QC2004 Brian F. Furey 2005 Paul M. McDonald2005 Edward M. Hearn, QC 2006 Marina C. Whitten2006 Paul M. McDonald 2007 Sheila H. Greene, QC2007 Marina C. Whitten 2008 Irene S. Muzychka2008 Sheila H. Greene, QC 2009 Glen L.C. Noel2009 Irene S. Muzychka 2010 Augustine F. Bruce2010 Glen L.C. Noel

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

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

LAW SOCIETY AND LIBRARY STAFF

Directors: Francis P. O'Brien

Phyllis E. Weir

Librarians: Gail A. Hogan

Heather A. Myers

Accountant: Richard T. Yabsley

Administrators: Janice K. Ringrose Insurance

Pamela A. Marks Professional Responsibility

Administrative Assistants: Anne P. Cross Professional Responsibility

Regina M. Whitty Education

S. Renee Whalen Library / Reception

Lisa E. Kennedy Custodianship

Erin C. Rowe Administration / Accounting

Maintenance: Donald Norman

Technician: Brenda Blunden Library Part-time

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1950 - 66

1951 - 64

1952 - 66

1953 - 69

1954 - 72

1955 - 75

1956 - 73

1957 - 76

1958 - 76

1959 - 77

1960 - 81

1961 - 83

1962 - 86

1963 - 86

1964 - 86

1965 - 86

1966 - 86

1967 - 89

1968 - 106

1969 - 110

1970 - 124

1971 - 129

1972 - 129

1973 - 145

1974 - 153

1975 - 179

1976 - 189

1977 - 203

1978 - 237

1979 - 261

1980 - 281

1981 - 316

1982 - 333

1983 - 351

1984 - 371

1985 - 378

1986 - 394

1987 - 408

1988 - 435

1989 - 445

1990 - 477

1991 - 514

1992 - 560

1993 - 588

1994 - 617

1995 - 635

1996 - 669

1997 - 683

1998 - 706

1999 - 728

2000 - 750

2001 - 767

2002 - 772

2003 - 798

2004 - 808

2005 - 832

2006 - 858

2007 - 870

2008 - 904

2009 - 923

2010 - 931

2011 - 948

4

MEMBERSHIP

Membership Statistics as of May, 2010:

Practising: 511Practising Uninsured: 202Non-Practising: 210Life: 25

TOTAL 948

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

Eight lawyers were called to Bar of Newfoundland and Labrador on June 18, 2010

Roll #

1487 Meaghan Wilson McConnell1488 Jennifer Elaine Barnes1489 Amanda Lynn Barfitt1490 Rozina Jaffer

Roll#

1491 Melissa May1492 Philippe Antoine Romain Theriault1493 Amanda Joanne Summers1494 Tonya Leigh Pritchett

Two lawyers were called to the Bar of Newfoundland and Labrador on October 15, 2010

Roll#

1495 Jeffery Steven MacDonaldRoll#

1496 Richard Patrick Robin Saul

5

Twelve lawyers were called to the Bar of Newfoundland and Labrador on February 18, 2011

Roll#

1497 Stephen Paul Orr1498 Aimee Nichole Rowe1499 David Gordon Rodgers1500 Christopher James Payne1501 Andrew Jonathan Collins1502 Kelly Erin Hynes

Roll#

1503 Richard Leonard Deveau1504 Karen Elizabeth Rehner1505 Gregory James Neal Jarvis1506 Avril Margot Furlong Dymond1507 Jude William Hall1508 Nicole Jennifer Templeman

Roll#

1509 Kristen Aneita Penney1510 Jaclyn Margaret Whelan1511 Meghan Ghleanna Felt1512 Terri Charlene Higdon1513 Timothy Patrick O'Brien

Roll#

1514 Cletus Edward Flaherty1515 Reginald Mark Butt1516 Kevin Henry O'Shea1517 Susan Dee Coen

The Benchers record with regret the death of the following members and past membersduring the period from June 2010 to June 2011:

William Gary Rowecalled April 21, 1970, Roll #1021

Donald A. Mercercalled April 8, 1950, Roll #220

�

�

Nine lawyers were called to the Bar of Newfoundland and Labrador on April 18, 2011

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

The Barrister and Solicitor Rolls, as of June 10, 2011, record that 1530 members have been called to theBar since 1826.

Thirteen lawyers were called to the Bar of Newfoundland and Labrador on June 10, 2011

Roll#

1518 Natalie Anna Payne1519 Barbara Anne Ethel Oley1520 Daniel Sean Murphy1521 Koren Ann Thomson1522 Megan Christine Alexander1523 Richard Kwai Lung Li1524 Jennifer Lynn Madore

Roll#

1525 Michael Gerard Quigley1526 Robert Thomas Forsyth1527 Steven Michael Terrence Degen1528 William Aaron Francis Hiscock1529 Pamela Kristeen Earle1530 Antoinette Athena Fekete

Discipline CommitteeIrene S. Muzychka, Chair

John M. Green, QC, Vice-Chair

LAW SOCIETY COMMITTEES

EXECUTIVE COMMITTEE:

Glen L.C. Noel, PresidentAugustine F. Bruce, Vice-PresidentIrene S. Muzychka, Past President

Morgan C. CooperGeorge L. Murphy, QC

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

6

Law Society Members:David L.G. Andrews, QC

Donald E. AnthonyJohn M. Babb, QC

Denis G. Barry, QC

Glen S. BelbinBryan J. Blackmore, QC

Katrina A. BrannanJohn D. Brooks, QC

Kimberley D. BurridgeJanis C. Byrne

Wayne D. ChamberlainSandra R. Chaytor, QC

S. Bruce ChislettDennis N. Clarke

Paul L. CoxworthyMichael J. Crosbie, QC

Jean V. Dawe, QC

Rosemary Dawson

Paul D. Dicks, QC

Tamara L. DroverGladys H. Dunne

V. Randell J. Earle, QC

Anne M. FaganGregory A. FrenchDonald J. GallantBrian R. Gatien

Bruce C. Grant, QC

Stephanie S. Hickman George P. Horan, QC

Deborah L.J. HutchingsDavid W. Jones, QC

David A. King, QC

R. Barry Learmonth, QC

Mary J. MandvilleTobias F. McDonald, QC

John W. McGrath, QC

Lee Ann L. Montgomery

Lynn M. MooreGregory A.C. Moores

William G. Morrow, QC

James C. OakleyMary C. O'BrienJohn V.B. O'Dea

Tracey PasleyStephen F. Penney

D. Richard RobbinsRichard S. Rogers

Linda M. Rose, QC

Daniel W. SimmonsJames L. Thistle, QC

Ellen E.M. TurpinJames E. Vavasour, QC

Thomas E. Williams, QC

Elaine C. WychreschukRodney J. Zdebiak

Lay Representatives:Harold BarrettBernard BolgerAngela BowesHerbert Burry

Frederick DroverFreida FaourMark KingRuth Noel

Thomas QuigleyRaymond Rose

Dr. Marina Sexton

Complaints Authorization CommitteeMorgan C. Cooper, Chair

J. David B. Eaton, QC, Vice-ChairLinda Harnett, Lay Bencher

Phyllis E. Weir, ex officio

Alternate Members

STATUTORY COMMITTEES:

Kenneth L. Baggs, QCSheila H. Greene, QC

Glenda Reid, Lay BencherMarina C. Whitten, QC

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Bar Admission Committee J David B Eaton, QC, Chair

Denis G Barry, QCAubrey L Bonnell, QCSandra M Burke, QCV Randell J Earle, QC

Augustus G Lilly, QCGlen LC Noel

Gregory M SmithFrancis P O'Brien, ex officio

Custodianship CommitteeBarry G. Fleming, QC

Brenda B. GrimesFrancis P. O'Brien, ex officio

Barry G. Fleming, QCGlenda Reid

Francis P. O'Brien, ex officio

Phyllis E. Weir, ex officioRichard T. Yabsley, ex officio

Library CommitteeLiam P. O'Brien, Chair

Rebecca C. PhillippsPadraig J. MohanMaeve A. Baird

Angela M. WhiteheadAndrew A. Fitzgerald

Benjamin J. BlackmoreBert Riggs, Lay Bencher

Gail A. Hogan, LibrarianHeather A. Myers, Librarian

Education CommitteeIan C Wallace, Chair

David G. L. Buffett, QCJ. David B. Eaton, QC

Heather M. Jacobs

D. Bradford Wicks, QCFrancis P. O'Brien, ex officio

RULES-BASED COMMITTEES:

Accounts and Finance CommitteeGeorge L. Murphy, QC, Chair

Claims Review CommitteeLewis B. Andrews, QC

Francis P. O'Dea, QC, CounselJanice K. Ringrose, ex officioRaymond P. Walsh, ex officio

Archives CommitteeBert Riggs, Chair, Lay Bencher

Justin S. C. MellorVeva B. Moulton

Rebecca C. PhillippsGail A. Hogan, Librarian

BENCHER APPOINTED STANDING COMMITTEES:

8

John D. Brooks, QCV. Randell J. Earle, QC

Paul M. McDonald

Bert Riggs, Lay BencherEdward J. Shortall, QC

Law Society Act and Rules CommitteeKevin T.A. Preston, QC, Chair

Donald E. AnthonyJane C. Hennebury

Jamie P. MartinKaren M. Stone

Project Daisy CommitteeChristopher P. Curran Co-chair

The Honourable Judge John L. Joy, Co-chair

Mel BakerThe Honourable Judge Gerald J Barnable

Thomas J. Burke, QCJohn F.E. Drover

Christopher EnglishNina Goudie

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

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

Phyllis E. Weir, ex officio

Insurance CommitteeR. Paul Burgess, Chair

Philip J. BuckinghamEdward M. Hearn, QC

Stephen J. MayDarlene P. Russell

Maureen E. RyanRaymond P. Walsh, ex officioJanice K. Ringrose, ex officioFrancis P. O'Brien, ex officio

Legislation CommitteeBrian F Furey, Chair

Honours and Awards CommitteeMarcus A. Evans, Chair

John D. Brooks, QCTobias F. McDonald, QC,

Court Rules Committee RepresentativeJames C. Oakley,

Court Rules Committee Representative

John V. O'Dea,Court Rules Committee Representative

Glen L.C. NoelFrancis P. O'Brien, ex officio

Practice Rules Compliance CommitteeKenneth L Baggs, QC, Chair

Shelley L BryantAnnette M. Conway

Bert Riggs, Lay BencherRoland C. Snelgrove, QC

Diane Rendell, ex officioAugustine F. Bruce, ex officio

Phyllis E. Weir, ex officio

Professional Law Corporations CommitteeJeffrey P. Benson, QC, Chair

Michael H. DuffyMaureen E. Ryan

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

JOINT LIAISON COMMITTEES:

Law Society and Newfoundland and Labrador Medical Association CommitteeDaniel M. Boone, Chair

BENCHER APPOINTED AD HOC COMMITTEES:

Life Membership CommitteeIan C. Wallace, Chair

9

Unauthorized Practice CommitteeSusan LeDrew, Chair

Real Estate CommitteeShawn C.A. Colbourne, QC, Chair

Susan M. LeDrewCatherine J. Perry

Graham A. WellsFrancis P. O'Brien, ex officio

Student Awards CommitteeDenis J. Mahoney

Joan F. Myles Francis P. O'Brien, ex officio

James Thistle, QC Phyllis E Weir, ex officio

Barry G. Fleming, QC Bert Riggs, Lay Bencher

Brenda B. GrimesThomas J. Johnson Thomas G. Mills

LeeAnn L. MontgomeryEdward P. Noonan, QC

Professionals’ Assistance CommitteeBrian F. Furey, QCAmy M. Crosbie

10

11

PRESIDENT'S ANNUAL REPORT

Glen L.C. Noel

It is my pleasure to provide the President'sannual report for 2010-2011 which provides anopportunity to reflect on Law Society activities,events and issues of the past year. This reportwill mainly discuss activities and events whichhave occurred during the time I was President,from 11 June 2010 to 17 June 2011. I will alsocomment generally on the work and role of theLaw Society as I have experienced it since myelection to Benchers in 2002.

Call to Bar for New LawyersA very pleasant task of a Law Society Presidentis to participate in the various ceremonies of theLaw Society. One of these is the Call to Bar cer-emony. There were five (5) Call to Bar cere-monies between June 2010 and June 2011. It isan exciting time to be joining the legal professionin this province, and it is always rewarding towitness the transition which our students makeas they become enrolled as members of the Barand begin their professional lives as our newcolleagues.

This year, in the Call to Bar Ceremonies, therewere 41 new lawyers admitted. Of these, 40were students who had recently completed LawSchool and had articled and successfully com-pleted the Bar Admission Course and exams inthis province. There were 4 lawyers who trans-ferred from other Canadian jurisdictions pur-suant to the National Mobility Agreement. As inprior years, the National Mobility Agreementhas been used by lawyers in other parts ofCanada wishing to relocate to Newfoundlandand Labrador, and it is also helpful to membersof our Bar who wish to move and work in anoth-er province or territory.

New JudgeIt has also been a pleasure for the Law Society towelcome a new member to the Bench. This year,there was a ceremony involving the swearing inof Justice Deborah Paquette of the SupremeCourt.

Following the swearing-in ceremonies for thenew lawyers and the new judge, the Law Societyhosted receptions which were attended by mem-bers of the Bar and other guests.

New Queen's CounselThere were 11 Queen's Counsel Appointmentsannounced on June 2, 2011. The new Queen'sCounsel are:

Katrina A. BrannanLaura A. MennieSandra M. Burke

Glen W. PiccoShawn C.A. Colbourne

Rolf PritchardAnne M. FaganPeter E. RalphRachel A. HuntsmanGary P. KearneyPeter J Kearsey

This is a well-deserved honour and recognitionfor the members appointed.

The Work of the Law Society:

• Benchers, the Executive Committeeand Law Society Professional StaffIn my participation on Benchers of the LawSociety over the past nine years, I havegained insight and understanding into howthe Law Society regulates the profession inthe public interest.

The Benchers, working through an ExecutiveCommittee and many other committees,have key roles in policy development andmaking decisions in the public interest.Together, they all rely significantly on, andtheir decisions are frequently informed by,the information, guidance and advice provid-ed by the Law Society's senior professionalstaff.

In February 2010, there was a change in thesenior professional staff at the Law Society.

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The Executive Committee appointed LegalDirector, Phyllis Weir and Director of LegalEducation, Frank O'Brien, as interim Co-Executive Directors, both of whom have per-formed admirably in taking on additionalmanagement responsibilities and in runningthe business of the Law Society.

Mr. O'Brien and Ms. Weir have workedtogether to ensure that Benchers and theExecutive are properly advised, informedand supported on all aspects of the LawSociety's operations and activities. Theyhave been directly involved in the day to daymanagement of the Law Society's affairs,since February 2010, ensuring that the LawSociety properly discharges its statutory gov-ernance responsibilities.

• Transition in the position of Executive DirectorWe are presently in a transition time in rela-tion to the Executive Director's position. Atthe April 2011 Convocation, Benchersreceived correspondence from the LawSociety's Co-Executive Directors, Ms. Weirand Mr. O'Brien, regarding the position ofExecutive Director at the Law Society.

In February 2010, the Law Society appointedMs. Weir and Mr. O'Brien to serve as Co-Executive Directors of the Law Society on aninterim basis, pending the appointment of anew Executive Director. This appointment ofCo-Executive Directors was in addition totheir ongoing duties and responsibilities asLegal Director and Director of LegalEducation.

Ms. Weir and Mr. O'Brien have carried outthe duties of Co-Executive Directors of theLaw Society for the past 17 months, sinceFebruary 2010, in addition to fulfilling theirother respective duties in the discipline andeducation areas. Many positive results havebeen achieved in this period since February2010, which are described in greater detailbelow.

In April, 2011 Mr. O'Brien and Ms. Weir com-municated to Benchers the view that, having

served as interim Co-Executive Directorssince February 2010, it would be in the inter-ests of the Law Society to fill the position ofExecutive Director at this time. They recom-mended that Benchers recruit and hire a per-son to permanently fill the position ofExecutive Director. This will enable Ms. Weirand Mr. O'Brien to continue to serve the LawSociety in their current roles of Legal Directorand Director of Legal Education respectively.

Benchers accepted this recommendation anddirected that a Search Committee be estab-lished, and began the search process for anew Executive Director which is presentlyongoing. At Benchers' request, Mr. O'Brienand Ms. Weir will continue to serve as Co-Executive Directors for a reasonable period oftime, to enable the Law Society to recruit andhire an Executive Director.

On behalf of Benchers, and on my ownbehalf, I wish to sincerely thank Mr. O'Brienand Ms. Weir for their dedication and com-mitment shown to the Law Society in the pastand especially in this transition period sinceFebruary 2010. They have provided skillfuland reliable leadership and due to theirwork, and the work of the entire Law Societyteam, the Law Society is a stronger and a bet-ter organization year over year.

Benchers look forward to working with Ms.Weir and Mr. O'Brien in their respective rolesof Legal Director and Director of LegalEducation, to achieve future results whichare in the best interests of the Law Societyand to assist in fulfilling the Law Society'sstatutory mandate of regulating the legal pro-fession in the public interest.

• Notable Positive ResultsAchieved this YearI am very pleased to report that a number ofpositive results have been realized at the LawSociety over the past year. Benchers arepleased with the good management resultsachieved in this relatively short timeframe.These results have been achieved with thecooperation and collaboration of the LawSociety professional and administrative staff,

Benchers and the Executive Committee, andare a meaningful reflection of the work prod-uct achieved in this timeframe. Some recentexamples of positive outcomes achieved inthe Law Society include the following:

1. Management Reports - Benchers havebeen regularly provided with informationon key operations and programs, includ-ing finances, insurance, custodianships,litigation issues etc. through writtenManagement Reports to Benchers.

2. Concrete proposals made have beenapproved by Benchers/ ExecutiveCommittee, including:- Finance and Accounts Committee cre-

ation; - Custodianship Committee creation;- Accounting operations review;- Funding of insurance program by Law

Society.

3. There has been an overall improvement infinancial and accounting administrationand operations. Benchers authorized asystems and procedures evaluation andreview respecting the Law Society'saccounting and financial operations,which evaluated both the computerizedaccounting systems used by the LawSociety as well as Law Society's book-keeping and accounting practices, andrecommended changes which have beenimplemented.

4. Recovery of fees - There was a recovery ofapproximately $80,000 in past fees whichwere owed to the Law Society.

5. There have been certain cost saving mea-sures introduced, including:- the use of one external auditor;- accounting services provided for trust

audit and insurance programs;- accounting clerk's leave covered inter-

nally;- information technology expense shar-

ing;- the ongoing review of all operational

expenses.

6. There have been numerous improvementsand advancements in Law Society Staffadministration, resulting in greater inter-nal efficiency and improved service tomembers.

7. An ongoing review of various operationalareas and programs has been commencedand continues.

8. There has been improvement in the gener-al transparency and understanding ofLaw Society operations by Benchers andmembers.

9. There has been renewed involvement ofBenchers in Law Society governanceissues.

10.There has been a renewal process com-menced regarding Law SocietyCommittees.

• Committee WorkThe Law Society's work is carried out inmany instances through committees, many ofwhich are listed or have included reportselsewhere in this Annual Report. All LawSociety committees are involved in interest-ing and important work. It would be impos-sible to outline all the work which is accom-plished through Law Society committees in agiven year. The range of activities of our com-mittees covers education issues, the LawSociety library, professional law corpora-tions, compliance with trust and practicerules, discipline and professional conduct,admissions, insurance and many otherissues. Suffice it to say that all of the LawSociety's committees do an extraordinary joband contribute greatly to the success andeffective operation of the Law Society.

Federation of Law Societies of CanadaIn addition to being well served by Benchers, theExecutive, Law Society professional staff andour many excellent committees, the Law Societyis also a member of the Federation of LawSocieties of Canada, a national organization ofLaw Societies throughout the country. Whereappropriate and within that national context,

13

information and national policy considerationswhich are discussed at the Federation level oftenevolve into common policies which are imple-mented in this jurisdiction and elsewhere.Benchers and Law Society professional staff actupon common decisions taken by the Federationas a whole, for the benefit of the profession andthe specific benefit of the public interest.

The Federation of Law Societies of Canada hasimportant initiatives which benefit the LawSociety and its members. One such initiative isthe Canadian Legal Information Institute(CanLII), a virtual law library widely used bymembers and the public. The Law Society isinvolved in ensuring that the collection of judg-ments and legislation from this province on theCanLII site is as current and comprehensive aspossible. Use of CanLII by members and by thepublic continues to grow at an astonishing pace,including use by lawyers in this province.

Other important initiatives currently in progressinclude the development of national standardsin the areas of discipline and education. I waspleased to attend the Federation of LawSocieties' meetings in Saint John in September2010 and in Banff in March 2011 and to have theopportunity to participate in discussions aboutthese national initiatives. At the March 2011Federation of Law Societies of Canada meeting,the main theme of the conference dealt with dif-fering models of regulating the legal professionwithin Canada and internationally, and theimpact on independence. The Federation andall Law Societies were greatly informed by theexperiences in other nations in this respect.

Law FoundationWe are fortunate and grateful once again to havethe continued financial support of the LawFoundation of Newfoundland and Labrador forlaw libraries. For 2011, the Foundation granted$76,000 for law libraries in the province. Thisfunding is primarily allocated to the Law SocietyLaw Library in St. John's, with amounts alsoprovided to Corner Brook and Gander. TheGovernors of the Law Foundation are JeffreyBenson, QC, Chair, Aubrey Bonnell, QC, KennethBaggs, QC, Linda Rose, QC, Beverley Marks, QC,

L. Wade Locke, Adam J. Sparkes and Mr.Lawrence Collins is the Foundation's ExecutiveDirector. On behalf of Benchers and the LawSociety we express our gratitude to the LawFoundation and its Board of Governors for itscontinued support of our law libraries. The pre-sent and future support of the Law Foundationis crucial to maintaining library resources whichwill enable lawyers to practice appropriately. Assuch, the Foundation's support serves the publicinterest.

Our VolunteersAs President, I have had many occasions to wit-ness and admire the work of members and non-members who contribute, on a volunteer basis,to the Law Society. These volunteer contribu-tions occur at the Benchers' level, as well asthrough the Society's committees and in manyother ways. The number of Law Society mem-bers who volunteer their time and expertise tothe work of the Society and the public interest istruly impressive. These volunteers strengthenour professional community and are essential toself-governance. By their contribution, our vol-unteers advance the integrity, credibility andfuture of the profession. We express our thanksto each and every volunteer who makes a con-tribution to the Society.

ConclusionIn closing, this is a bitter-sweet moment person-ally, as my time as a Bencher is coming to anend. I have learned much about our professionsince I joined Benchers in 2002. I have alsolearned much about the Law Society's role andresponsibility of regulating this profession in thepublic interest. There have been many wonder-ful experiences as a Bencher, and I have reallyenjoyed working with Benchers and LawSociety staff. I have been honoured and pleasedby the opportunity to serve the profession andour members as President.

In closing, I want to thank and commendBenchers, Executive Committee members, andthe entire Law Society team, for their valuedsupport and assistance. Best wishes to allinvolved in the Law Society for continued suc-cess.

14

15

The Law Society Act, 1999 (the "Act") prescribesthe Vice-President's role in the disciplinaryprocess. The Vice-President receives reportsfrom the Legal Director and submits allegationsto the Complaints Authorization Committee.The Complaints Authorization Committee, astatutory committee consisting of threeBenchers, at least one of whom is an appointedBencher, screens allegations of conduct deserv-ing of sanction. Conduct deserving of sanctionis defined in section 41 of the Act to include pro-fessional misconduct, failure to maintain thestandards of practice, conduct unbecoming amember of the Society, acting in breach of theAct or the Law Society Rules and failing toadhere to the Code of Professional Conduct.

The Vice-President, with the consent of the par-ties, may attempt to resolve an allegation or mayrefer the allegation to alternate dispute resolu-tion. If the allegation is resolved the mediatorconfirms the resolution and the file is closed.Where a satisfactory resolution is not achievedthen the allegation is referred to the ComplaintsAuthorization Committee. The initial assess-ment of an allegation is subject to the third partyallegation policy.

A third party allegation is an allegation receivedfrom a non-client or a lawyer opposed in interestto the client of the solicitor against whom theallegation is made. Following a review of theallegation on the basis of specific factors, theVice-President has discretion to decline or todefer the investigation pending the final deter-mination of a proceeding. When an investiga-tion is deferred, the Vice-President requests,from the respondent, a consent and a waiver ofdelay. When an investigation is declined, thecomplainant is advised that outstanding issues,if any, may be re-filed with the Law Society sub-sequent to the final determination of the pro-ceeding.

The powers of the Complaints AuthorizationCommittee are prescribed by section 45 of the

Act and include the authority to conduct aninvestigation, conduct a practice review andrequire the member's appearance before theCommittee. The investigation/review is con-ducted through the Legal Director's office.Following its final consideration of an allega-tion, the Complaints Authorization Committeewill either dismiss the allegation or, where thereare reasonable grounds to believe that a respon-dent has engaged in conduct deserving of sanc-tion, the Committee will authorize theComplaint. A complainant whose allegation isdismissed by the Complaints AuthorizationCommittee has a right to appeal to the SupremeCourt, Trial Division.

Following authorization of the Complaint, theComplaints Authorization Committee maycounsel or caution the respondent, may instructthe Vice-President to file the Complaint andrefer it to the Disciplinary Panel, make an appli-cation for appointment of a Custodian of themember's practice, and suspend or restrict themember's licence to practice.

The Disciplinary Panel, appointed pursuant tosection 42 of the Act, is comprised of LawSociety members and lay representatives,appointed by the Minister of Justice. For thepurpose of dealing with Complaints referredand applications made to the Disciplinary Panel,the Chairperson appoints an AdjudicationTribunal, consisting of two members and one layrepresentative, to hear the matter. The Hearingproceeds pursuant to sections 47 through 51 ofthe Act. A party to the Hearing has the right toappeal an Order or Decision of the AdjudicationTribunal to the Supreme Court ofNewfoundland and Labrador, Trial Division.

Information concerning Complaints processedduring the current reporting period follows.The Complaints Authorization Committee hasauthorized five Complaints; two of which result-ed in letters of counsel; one resulted in a letter of

VICE-PRESIDENT'S ANNUAL REPORT

Augustine F. Bruce

16

caution and two were referred to theDisciplinary Panel. Four Complaints have beenheard by Adjudication Tribunals. In two mattersthe Tribunals determined that the respondentshad engaged in conduct deserving of sanction.Both members were reprimanded. Decisions arepending in the other two Complaints.Following the hearing of an Appeal in anotherComplaint, the Supreme Court Trial Divisionupheld the Adjudication Tribunal’s decision onone issue and set aside the AdjudicationTribunal’s decision on another issue. Both par-ties appealed to the Court of Appeal, the appealwas heard on May 20, 2011 and the Court hasreserved its decision.

Hundreds of hours of volunteer time are con-tributed on an annual basis by members of theComplaints Authorization Committee and bymembers of the Disciplinary Panel to the LawSociety's disciplinary process. The Society couldnot function without the dedication and volun-teer time of benchers and committee members.Your contribution is significant and very muchappreciated.

17

The Bar Admission Course for Newfoundlandand Labrador began on October 5, 2010 and con-tinued until November 19, 2010. This year 33students took the Course. The Bar Course is aseven (7) week intensive educational experiencein which students cover practical material onprovincial and federal law.

What follows is an overview of the Course.

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

Corporate/Commercial Law:Topics include incorporation and organizing abusiness, registration issues, corporate proce-dures, corporate finance, the Personal PropertySecurity Act, security opinions, purchase andsale of a business/shares and commercial insol-vency.

Civil Procedure:Topics include limitations of actions, fatal acci-dents, survival of actions, commencing proceed-ings, service, defences, counterclaims, thirdparty proceedings, summary trial, expeditedtrial, discovery and disclosure of evidence, set-ting down for trial, the Judgment Enforcement Act,civil appeals, costs and alternative dispute reso-lution mechanisms.

Practice Skills, Practice Management & Ethics:The Course presents lawyering-skills work-shops where students receive instruction indirect examination, cross-examination, negotiat-ing settlements, interviewing clients, examina-tion for discovery, risk management and how toavoid professional negligence claims. As wellthere is a session on maintaining a balancebetween professional and personal lives, a pre-

sentation on the Lamer Inquiry and a presenta-tion on using the resources of the Law SocietyLibrary. There are also presentations on the LawSociety Trust Accounting requirements and pro-fessional conduct and client complaints. Thereis a separate section on ethics and the Code ofProfessional Conduct, in which students com-plete a written assignment.

Criminal Law and Procedure:Topics include the court structure, presumptionsand burdens, classification of offences, pre-arrest, arrest, charge, first appearances, judicialinterim release, disclosure, elections and re-elec-tions, solicitor/client matters, preliminaryinquiries, pre-trial matters, Charter applications,trial by judge alone, jury trials, the sentencingprocess, types of sentences, criminal appeals,young offenders, evidentiary matters, voir dires,search and seizure and defences. As well, in thissection, students receive instruction on advoca-cy skills, there is a panel discussion with judgeson the topic of advocacy, and students preparefor and participate in a mock trial and sentenc-ing exercises.

Administrative Law:Topics include the Labour Relations Board,labour and commercial arbitration, municipallaw, the Human Rights Commission, theWorkplace Health, Safety and CompensationCommission, administrative law in the FederalCourt, the Law Society discipline process, statu-tory appeals, judicial review of arbitration and apresentation on prerogative orders.

Real Estate and Wills:Topics include the registry system and landtenure, the real estate transaction, the mortgage,professional responsibility in real estate issues,title insurance, survey/location certificates, tax-ation issues, crown lands, quieting of titles, pos-sessory title, residential tenancies and titlesearches. There is a real estate transaction work-shop and a separate section on wills, estates andprobate.

BAR ADMISSION COURSE COMMITTEE REPORT

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To pass the Bar Course, students must passexaminations in Family Law, Commercial Law,Civil Procedure, Criminal Law, AdministrativeLaw and Real Estate/Wills. Each exam is 3½hours long and focuses on the lecture presenta-tions, the Bar Admission Course materials andthe approximately 80 provincial and federalstatutes and regulations covered in the Course.The Bar Admission Course materials consist of11 separate volumes and cover thousands ofpages of materials.

The goal of the Course is to give new lawyers acomprehensive overview of Newfoundland andLabrador and federal law and procedure andtransfer to them the necessary information toensure entry level competence in the profession.The Course is intensive, practical and relevant to

what a new lawyer will see in practice. Weattempt to have the Course be an enjoyableexperience for the students and the approxi-mately 70 volunteer judges, lawyers and otherprofessionals whose contributions make theCourse a success.

The Bar Admission Course Committee and theLaw Society is grateful for the generous contri-butions made by members of the profession inensuring the Course remains vibrant and benefi-cial to our new lawyers.

Law Society members interested in obtainingfurther information about the Bar AdmissionCourse should contact Mr. Francis P. O'Brien at(709) 722-4898 or by email francis.obrien@lawso-ciety.nf.ca.

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CONTINUING LEGAL EDUCATION REPORT

The Law Society of Newfoundland andLabrador develops and delivers a program ofContinuing Legal Education for members of theBar. This is achieved through the Law Society'seducation entity, Newfoundland and LabradorContinuing Legal Education.

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

Recent continuing legal education programshave been offered to members of theNewfoundland and Labrador Bar in a variety ofpractice areas. Examples of these programs are:

• Real Estate Update, 2010• New Criminal Law Rules and Forms for Supreme

Court Practice• Gain The Edge! Negotiation Strategies for

Lawyers • Understanding & Managing High Conflict

Personalities in Legal Disputes• Opening Statements, Exhibits and Closing

Statements• Probate, Administration and Guardianship e-

Filing in the Supreme Court• Trade-mark Law Update

• Patent Law Update • Copyright Law Update • One Day MBA for Lawyers• Writing to Persuade• Amendments to the Rules of the Supreme Court,

1986: a New Scale of Costs and Other RuleChanges

• Getting the Most from the Law Society Library

Lawyers in Newfoundland and Labrador con-tinue to be very interested in Continuing LegalEducation and they continue to support our pro-gramming by their excellent levels of atten-dance, positive feedback and suggestions forfuture programs.

We appreciate our many volunteer lawyers,judges and other professionals who give freelyof their time and talents, as presenters at ourseminars, to enhance the knowledge and profes-sional standards of other practitioners. The LawSociety greatly appreciates these contributionsand we are continuously impressed with theexcellence and enthusiasm of our presenters.

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

20

EDUCATION COMMITTEE REPORT

The Education Committee is responsible foreducational issues which arise concerning mem-bers and prospective members of the LawSociety. The Committee deals with all applica-tions for admission and re-admission to practice,which applications generally involve an assess-ment of academic credentials, currency of legalknowledge, fitness to practice and good charac-ter elements. The Education Committee dealswith requests throughout the year from mem-bers and prospective members relating to therequirements in the Law Society Act, 1999 and theLaw Society Rules on educational and admissionsissues.

As such, the Education Committee considersapplications from:• law students regarding admission as a

Student-at-Law;• applications from members of other Law

Societies who wish to practice inNewfoundland and Labrador on a tempo-rary basis under the National MobilityAgreement;

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

• applications from non-practicing or formermembers of the Law Society who wish toreinstate their status to practicing member-ship.

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

Each year the Education Committee alsoreviews and approves the marks from the BarAdmission Course examinations and directs,when required, the writing of supplementaryexaminations or the completion of further edu-cational requirements before a Student-at-Law iseligible to be called to the Newfoundland andLabrador Bar.

From May 2010-April 2011, the EducationCommittee:(i) admitted thirty-six (36) new applicants as

Students-at-Law;(ii) recommended to Benchers that twenty-

eight (28) students, having met the require-ments of a Student-at-Law, be called to theBar in Newfoundland and Labrador;

(iii) approved the application of three (3) trans-fer candidates who were called to the Bar ofNewfoundland and Labrador under theNational Mobility Agreement; and

(iv) approved a change from non-practicing topracticing status for eighteen (18) LawSociety members.

21

INSURANCE COMMITTEE REPORT

Over the past year the Insurance Committee hasimplemented several changes to the structure ofthe Lawyers' Insurance Programme (the"Programme"), as well as made several recom-mendations to Benchers which will likely beaddressed by Benchers at the June Convocation.This report will summarize those changes andrecommendations, and if members have anyquestions or require further details, please con-tact the chair or the Insurance Adminstrator, Ms.Janice Ringrose.

At the outset, I wish to extend thanks and appre-ciation to the outgoing Chair of the Programme,Mr. John Roil, QC. For the last number of yearsMr. Roil, QC, has worked tirelessly as the Chairand led the Insurance Committee through a verydifficult time. He was integrally involved withthe introduction and implementation of theTransaction Levy ( the "Levy"), and I am sure Ispeak on behalf of all members of the LawSociety when I thank him for his contribution.

Financial OverviewIt was not that long ago that the Programme wasfaced with numerous challenges and its finan-cial stability was in jeopardy. Primarily as aresult of the introduction of the Levy , as can beseen from a review of the financial statementsfor the Programme it is now stable and appro-priately funded to secure members protectionand the public interest in client protection, basedon current activities.

Recommended SurplusIn the past, based on the advice of theProgramme's independent actuaries, NCAPartenaires Inc. of Montreal, it was thought thata capital pool of up to $12M was required. Thiswas recently reviewed by the Programme's actu-aries and, based on their advice, the InsuranceCommittee has recently recommended toBenchers the appropriate long term target sur-plus to be retained by the Programme for insur-ance is $6M, and that further information shouldbe received from the Programme's actuarieswith respect to an appropriate target surplus to

be retained for assurance. While the present sur-plus held by the Programme is in excess of therecommended surplus, careful thought andanalysis should be conducted with respect to theuse of the excess surplus.

Changes Implemented or Recommended The Insurance Committee also recommendedand agreed with Benchers that the Law Society'saccountant will assist with the accounting forthe Programme rather than retain externalaccountants as has been done in the past, as wellas retain the same auditors as retained by theLaw Society. Additionally, it was agreed tochange the Programme's financial year end fromJuly 1 to June 30 to January 1 to December 31 tomirror the Law Society's financial year end, suchchange to be effective January 1, 2011.

After considerable discussion and analysis, theInsurance Committee has recently recommend-ed to Benchers that CLIA, the Law Society'sinsurers, be requested to increase the groupdeductible presently paid from $100,000.00 to$200,000.00. While this is an assumption of agreater risk, the savings realized as a result oflower premiums we would pay to CLIA wouldultimately reduce costs for members. CLIAencourages responsible and stable insuranceProgrammes to accept even higher risk reten-tions. This recommendation was also made onthe advice and strong recommendation of theProgramme's actuaries. We anticipate this willalso be dealt with by Benchers at the JuneConvocation.

The Insurance Committee has established twoseparate sub-committees, one to review thestructure of the Programme, the other to createan investment policy in collaboration with theFinance and Accounts Committee of the LawSociety. Given the high surplus retained by theProgramme, an appropriate investment policywill see significant revenues received.

22

AdministrationThe Programme continues to be effectivelyadministered by Ms. Janice Ringrose, CIP, CRM,Insurance Administrator. The claims continue tobe administered through the Claims ReviewCommittee, consisting of Ms. Ringrose, Mr.Francis O'Dea, QC, Mr. Lewis Andrews, QC, andMr. Raymond Walsh, FIIC.

The Programme continues to maintain premiumcosts to its members that are stable and are actu-ally lower than the national average premiumcharged by other Law Societies across Canada.Additionally, the insurance premiums to becharged to members in Newfoundland andLabrador for 2011-2012 are less than that whichwas charged in 2010-2011.

It is hoped that by implementing variouschanges to the Programme, we can see furthersavings and, ultimately, the further reduction ofpremiums for members in the future. This isonly possible if members act diligently to insureclaims costs are reduced. To that end, missedlimitations accounts for a significant portion ofthe claims and is an entirely preventableexpense to the Programme. While the LawSociety continues to discuss with theGovernment of Newfoundland and Labradorpossible amendments to the Limitations Act thatcould permit a limitation period to be reopenedupon application to the Supreme Court, the ulti-mate responsibility for such costs rests with themembers.

Excess CoveragePart of the Programme's mandate is to provideexcess cover insurance through CLIA. One ofthe benefits of excess cover through CLIA is theconsistent policy wording above the basic $1Mprovided by members' Law Society insuranceand, as well, unified administration of claims.

Excess coverage can be purchased through CLIAfrom the Law Society in amounts from $1M to$9M. The premium rate structure per lawyer islower than last year and will be as follows:

$1,000,000.00 per occurrence/and aggregate = $343$2,000,000.00 per occurrence/and aggregate = $504$3,000,000.00 per occurrence/and aggregate = $589$4,000,000.00 per occurrence/and aggregate = $624$9,000,000.00 per occurrence/and aggregate = $873

SummaryThe Insurance Committee is pleased with thesignificant changes it has implemented this yearand will continue to strive to improve theProgramme necessary to both serve membersand protect the public. Finally, I wish to take thisopportunity to thank the members of theInsurance Committee as well as the members ofthe Claims Review Committee, all of whom areresponsible for the success of the Programme.

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The primary objective of the Law SocietyLibrary is to support lawyer competencythrough the delivery of high level reference ser-vices to members in Newfoundland andLabrador. To provide these services it is essen-tial to maintain and enhance the Library's excel-lent collection of legal texts, journals and elec-tronic reference tools. As such it is becomingincreasingly important to deliver as many itemsas possible directly to lawyers' desktops.

Through the generosity of the Law Foundationof Newfoundland and Labrador the Library wasable to upgrade its catalogue, providing mem-bers with numerous enhancements.

Other initiatives undertaken by the Libraryinclude:

• Providing a Continuing Legal EducationSeminar entitled "Getting the most from theLaw Society Library". This seminar wasoffered free of charge to West Coast membersat the Law Courts building in Corner Brook.

• Partnering with Public Legal InformationAssociation of Newfoundland and Labrador,on two occasions, to train Public Library staffabout services available to the public throughthe Law Society Library.

The Library continues to deliver high qualityreference services to members of the legal com-munity, public and libraries throughout theprovince. During the past year the Library hasseen tremendous growth in the number of ques-tions coming from members outside the St.John's region.

We would like to express our gratitude to theLaw Foundation of Newfoundland andLabrador for its continued financial support. Wegreatly appreciate the generous grants, withoutwhich we could not provide current and indepth research materials and desk top delivery.

LIBRARY COMMITTEE REPORT

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PROFESSIONALS' ASSISTANCE COMMITTEE REPORT

The Professionals' Assistance Committee is ajoint committee of the Law Society ofNewfoundland and Labrador, the Newfound-land and Labrador Medical Association and thePharmacists' Association of Newfoundland andLabrador. The Committee is responsible for theProfessional Assistance Program that providesassistance to lawyers, physicians, pharmacistsand their families affected by all types of per-sonal problems. Problems may include, but arenot limited to, stress, financial and career prob-lems, depression, personal, marital or family dif-ficulties and inappropriate use of substances.Proactive services to assist members from find-ing themselves in circumstances in which theymight require assistance are also offered.

In addition to services rendered directly tomembers, the Professional Assistance Programmakes presentations each year at the BarAdmission Course, and also conducts work-shops and seminars from time to time aimed athelping members identify and deal with chal-lenges in their professional and personal lives.

The Professional Assistance Program employs aclinical coordinator, Rosemary Lahey, MSW, aregistered social worker with extensive experi-ence working with individuals, couples andfamilies dealing with a wide range of social andemotional problems. The coordinator, in strictestconfidence, facilitates early recognition of prob-lems, initiates active intervention and makesappropriate referrals for treatment and rehabili-tation. Referrals are accepted directly from themember or from a concerned colleague or fami-ly member. Since its inception in 1994, theProgram has provided assistance to over 1,090professionals including 380 members of the LawSociety. During the last program year, there were86 new cases, of which 33 were lawyers.

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

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

The Hunt AwardThe Hunt Award is presented to the Student-at-Law who receives the highest overall averagemark in the Law Society of Newfoundland andLabrador's Bar Admission Course. The recipientof the Hunt Award for the 2010 Bar AdmissionCourse is Ms. Aimee Rowe. Ms. Rowe servedArticles of Clerkship at the firm Curtis Dawe andher principal was Mr. Peter Browne, QC. Ms.Rowe was called to the Newfoundland andLabrador Bar on February 18, 2011, at whichtime she commenced practice with Curtis Dawe.

The Provincial Court Judges'Association AwardThe Provincial Court Judges' Association Award ispresented to the Student-at-Law achieving thehighest mark in the Criminal Law Examinationof the Bar Admission Course. The recipient ofthe Provincial Court Judges' Association Award forthe 2010 Bar Admission Course is Ms. NataliePayne. Ms. Payne is presently articling with theNL Legal Aid Commission and her principal is Ms.Heidi Marshall. Ms. Payne will be eligible for acall to the Newfoundland and Labrador Bar inJune 2011.

The Penney AwardThe Penney Award is presented to the Student-at-Law achieving the highest mark in the FamilyLaw Examination of the Bar Admission Course.This year’s winner is Ms. Natalie Payne whoalso is the winner of the Provincial Court Judges'Association Award.

The William J. Browne ScholarshipThe William J. Browne Scholarship is presented toa Student-at-Law who has submitted the win-ning research essay on a legal issue of currentpublic concern. The recipient of the 2011 WilliamJ. Browne Scholarship is Ms. Lindsay Hollett whois presently articling with the firm Cox & Palmer.Ms. Hollett's research essay is entitled "GettingWomen on Board(s): Bill S-206 and Corporate BoardGender Diversity in Canada".

The Maxwell J. Pratt ScholarshipThe Maxwell J. Pratt Scholarship is based on acad-emic performance and is presented to a Student-at-Law who is a graduate of MemorialUniversity of Newfoundland and a student atDalhousie Law School. This year there are co-recipients of the 2011 Maxwell J. Pratt Scholarship.The recipients of this award are Ms. LilyWroblewski who is currently articling with thefirm Ottenheimer & Baker and Ms. LindsayHollett who is articling with the firm Cox &Palmer.

The above-described awards will be formallypresented on June 18, 2011 at the Law Society ofNewfoundland and Labrador Annual Dinner.

STUDENT AWARDS COMMITTEE REPORT

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AUDITOR’S REPORTAND FINANCIAL STATEMENTS

for theFiscal Year Ended December 31, 2010

28

2929

30

3131

323232

3333

343434

35

36

37

38

39

40

41

424242

43

444444

45

46

47

484848

49

505050

51

52

53

545454

55

565656

57

58

59

606060

61

62

63

646464

65

66

67

68

69

The Law Society of Newfoundland and Labrador

2010 - 2011 Annual Report

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