Halifax Law Firm News, Burchells News Releases

Burchells lawyer Naiomi Metallic contributed an article to the most recent edition of the Nova Scotia Barristers' Society magazine, the Society Record. Invoking her work on the Society's Race Relations Committee, and with Aboriginal lawyers group Eastern Door, Naiomi writes on issues surrounding judicial appointments and minority lawyers.

We are pleased to tell you all that Jennifer and Andrew were successful in an appeal they recently argued on behalf of Royal & SunAlliance. You can see the decision here:

http://www.courts.ns.ca/decisions_recent/documents/2009nsca110.pdf

In a nutshell, Royal had been sued as a Section D insurer to provide coverage to a personal injury claimant. The plaintiff had been injured by a driver who was at fault for the accident, and who was driving a vehicle belonged to someone else. The insurer of the at-fault vehicle denied coverage on the basis that the driver was driving without permission. This left Royal to pay the claim of their insured.

At the trial level, Justice Stewart found that the at-fault driver did have consent to drive the vehicle. This ought to have resulted in a finding that the company who insured the at-fault vehicle was responsible to respond to the plaintiff's claim. Instead, she found that despite the consent, there was still no insurance coverage because the driver wasn't carrying out some purpose in favour of the owner, and Royal was still responsible to respond to the plaintiff's claim.

The claim wasn't huge, but the principle was. The outcome of the trial simply didn't make sense and was very significant to insurers in general. On appeal, it was found that once Justice Stewart found there had been consent, the at-fault insurer was obliged to provide coverage, and Royal is off the hook.

This is a decision that will be used as a precedent on this issue for years to come. Congrats to Jennifer and Andrew for ensuring that justice prevailed.

On October 22, 2009 litigation partners Brian Awad , David Hutt , and legal assistant Theo MacIntosh, celebrated the 40th anniversary of Woodstock with a performance in the March of Dimes' annual "Rock for Dimes" battle of the corporate bands. Burchells' entry, Flower Cannon , also benefited from the talents of articled clerk Donna Davis' husband Robert Currie, as well as Jonathan Langlois-Sadubin and Jude Hall. A crowd in excess of 500 souls attended the show, making this year's event an unprecedented success for this great cause. Flower Cannon didn't win, nor did it deserve to. But we had more fun than anybody.

October, 2009

Cheryl Canning and Cory Withrow were in Banff, AB from October 22-25, 2009 to take part in a CBA Civil Litigation and Insurance Law Conference. The weekend also included meetings of the CBA National Insurance Section and the CBA National Civil Litigation section. Cheryl and Cory are the provincial branch chairs of these respective sections. Their involvement included roundtable discussions and planning regarding important developments in these two areas of law.

Burchells litigation-group partners, Brian Awad and Jennifer Ross will be presenters at Insight's 2nd Annual E-Discovery and E-Documents conference to be held at the World Trade and Convention Centre in Halifax on September 30 and October 1, 2009.

Derek Simon has recently published an article in The Halifax Chamber of Commerce bulletin. Derek has written many articles for the Chamber and this article has made it to the front page of their Eco-News Bulletin. The article is entitled "Green Leasing: deepening the landlord/tenant relationship." The article discusses how commercial landlords and tenants can use green leasing to achieve common environmental goals, save money, and strengthen their relationship.

Despite our warnings, thrill-seeker, adventurer and Burchells controller René LeBlanc decided to leave for lunch the hard way today. What, elevators too good for you?! On September 18, 2009 René worked up the nerve to rappell 22-storeys down the side of 1801 Hollis & Duke in support of Easter Seals , as part of its Drop Zone fundraiser . We congratulate René for raising over $2,000 for this great cause, and for not backing down from a double-dog-dare. The yellow helmet suits you!

The partners at Burchells are pleased to welcome our newest associate, Derek A. Simon.

Derek's experience with another of Halifax 's major firms makes him a great addition to our transaction group. He has experience advising a wide range of clients, including businesses large and small, co-operatives and Aboriginal governments. Derek also dedicates volunteer time to several community organizations and a number of boards, while still finding time to see his articles on business law published in various publications throughout the region. He enjoys cycling, hockey, ultimate, and the outdoors.

Derek's practice at Burchells focuses on real estate, corporate and commercial transactions and aboriginal law.

Burchells is pleased to announce the recipient of our Summer Internship and Scholarship for African Nova Scotia and Aboriginal Students of Citadel High School.

The recipient of our Summer Internship and Scholarship is Shanice Bennett. Shanice has recently graduated from Citadel High School and is from the Halifax area. She is now employed at Burchells under the Summer Internship and Scholarship program which we created in 2008. The Burchells Summer Internship and Scholarship has two main components, a paid summer internship at Burchells and a scholarship to assist with the costs of post-secondary education. Shanice is working with the members of the Burchells team, and is being exposed to many areas of office administration and management, and is interacting with and assisting our lawyers, our paralegals and our other staff. Shanice has enrolled at Dalhousie University beginning in September and plans to become a nurse when she graduates. The Partners and Staff at Burchells all wish Shanice the best of success with her future career.

Burchells is pleased to announce the addition of two new associate lawyers to our team. Paul Thorne and Roula Athanasiou were admitted to the Nova Scotia Barristers' Society on June 12th , 2009. Both Paul and Roula articled with Burchells for the past year.

Kelly L. Greenwood was one of the speakers at the Canadian Bar Association Nova Scotia Branch Corporate Commercial Law Conference, The Agony and Ecstasy of the Corporate Union. Kelly spoke about the purpose and use of shareholders' agreements and buy/sell arrangements and how they can be used to prepare for the possibility of one of the "Dreaded D's" taking place: Death, Disability, Divorce, Disinterest, Departure, Disqualification.

Burchells lawyer Naiomi Metallic is popping up on TV lately! Part of Nova Scotia's "Come to Life" initiative, Naiomi has a vignette all to herself. In it she talks about her clerkship with the Supreme Court of Canada, the opportunities to which it gave rise and her decision to pursue her career here in Nova Scotia with us. Good choice.

January, 2009

On behalf of the Partners, congratulations go to Stuart Gilby who was admitted to the New Brunswick Bar on January 22, 2009. Stuart worked very hard to reach this milestone. Stuart's admission to the New Brunswick bar will enhance his ability, and the entire firm's ability, to service clients throughout the region.

The partners at Burchells are delighted to welcome Andrew Rankin into the partnership.

Andrew started with Burchells as an articled clerk, became an energetic and capable associate lawyer, and now enters partnership an invaluable member of the firm's commercial litigation group. His business and banking litigation experience makes him a go-to lawyer on debtor and creditor issues and a crucial resource both to Burchells and to our clients. Andrew also volunteers his time on the Board of the Legal Information Society, ensuring access to information about the law.

Burchells has built its reputation on lawyers like Andrew. We are proud to have him. Congratulations on this career milestone!

Using confidential lawyer surveys, the Best Lawyers organization compiles an annual list of top lawyers in various practice areas. We are proud but not surprised to see Burchells lawyers in the 2009 publication of Best Lawyers in Canada .

Alan Parish, QC is listed in the practice areas of Corporate and Commercial Litigation, Defamation and Media Law as well as Securities Law.

Michael J. Wood, QC appears in the lists for Administrative and Public Law, Corporate and Commercial Litigation, Legal Malpractice Law and Personal Injury Litigation.

Stuart C.B. Gilby has been listed as among the best lawyers in Canada for Aboriginal Law.

Because lawyers are not required or allowed to pay a fee to be included, a listing in Best Lawyers is widely regarded within the legal profession as a significant honour, conferred on a lawyer by his or her peers. For 25 years, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.

Burchells LLP has more listed lawyers in Best Lawyers in the field of Aboriginal Law, Administrative Law and Public Law than any other firm in Halifax, or in fact all of Nova Scotia.

Kelly L. Greenwood presented a seminar on Estate Planning at the 2008 Annual Conference for members of the Certified General Accountants Association of Nova Scotia.

On September 19th, 2008, our associate lawyer, Denny Pickup volunteered to join the Easter Seals Drop Zone fund raiser and rappelled down the 1801 Hollis Street Tower. We are proud that Denny was able to help with this fundraiser which supports children and adults with physical disabilities in Nova Scotia .

Our summer law student, Jonathan Saumier, who will be returning to article with us June, 2009, has been awarded a bursary from the Association des Juristes d'Expression Français de Nouvelle-Écosse and the Minister of Education in New Brunswick as a joint endeavor. Congratulations Jonathan!

On September 15, 2008, Brian Awad was a member of a seminar panel at the Atlantic Film Festival. Brian's speaking topic was broadcast license terms and the CRTC.

Members of our firm, including Ann Smith, Kelly Greenwood, Paul Thorne and Jason Cooke, performed at a fundraiser held at Neptune Theatre. The event was called "Play in a Day". This fundraiser was in support of the Nova Scotia Legal information Society.

Naiomi Metallic, our newest associate lawyer has been featured in several newspaper articles in The Ottawa Citizen. They are entitled "The battle to keep young workers" and "An untapped labour pool". You can click on the links highlighted to read these featured articles.

Burchells is pleased to announce the recipient of our Summer Internship and Scholarship for African Nova Scotia and Aboriginal Students of Citadel High School.

The recipient of our summer scholarship program is Lindell Smith. Lindell has recently graduated from Citadel High School and is from the Halifax area. He is now employed at Burchells under the newly formed Summer Internship/Scholarship program. Lindell will be working with the members of the Burchells team and he will be exposed to many areas of law that may help him further his career. Lindell has enrolled at the Nova Scotia Community College , Dartmouth campus, in the Recording Arts Program. Lindell plans to become a professional Audio engineer. Burchells wishes Lindell the best of success with his future career.

Burchells is pleased to announce that our own Naiomi Metallic has co-authored a publication, "The Law of Bilingual Interpretation", with The Honourable Mr. Justice Michel Bastarache, and fellow Supreme Court of Canada clerks Regan Morris and Chris Essert. This publication was released by Lexis Nexis in June, 2008.

THE BURCHELLS SUMMER INTERNSHIP AND SCHOLARSHIP FOR AFRICAN NOVA SCOTIA AND ABORIGINAL STUDENTS OF CITADEL HIGH SCHOOL

Burchells is pleased to introduce the Burchells Scholarship and Summer Internship for African Nova Scotia and Aboriginal Students of Citadel High School. Burchells' Managing Partner, Michael J. Wood, Q.C., announced the scholarship at a reception on Tuesday, May 13, 2008 in the cafeteria of Citadel High School .

The Burchells Scholarship and Internship Program has two main components: a summer internship at the firm, and a scholarship to assist with the costs of post-secondary education.

One deserving recipient will be offered a paid summer internship at Burchells, where he or she will be exposed to the many administrative aspects of running a law firm, and will have a chance to interact with and assist our paralegals and lawyers. This, we hope, will assist the recipient in assessing his or her own career options.

Burchells is working with the administration of Citadel High School on the selection of the recipient of the Burchells Summer Internship and Scholarship for its 2008 inaugural year.

Guests in attendance at the May 13, 2008 reception included The Honourable Mayann E. Francis, O.N.S., Lieutenant Governor of Nova Scotia, several representatives of the Government of Nova Scotia, and representatives of many other organizations including the Halifax Regional School Board and Citadel High School.

Cory Withrow, presented at the Canadian Bar Association Construction Law Section Meeting, on April 2, 2008. The topic Cory presented dealt with advising the Section of the recent revisions outlined in the CCDC2-2008 Stipulated Price Construction Contract that replaced the former CCDC-1994.

...and of breaking new ground. On March 7 our own Naiomi Metallic became the first Nova Scotia lawyer in history to be called to the bar in English, French and Mi'kmaq. We are delighted to congratulate Naiomi, and introduce her as Burchells' newest associate lawyer.

Naiomi comes to us from the Listuguj First Nation on Quebec 's Gaspé coast. She summered with Burchells while attending Dalhousie Law School , before attending the University of Ottawa to add a civil law degree to her achievements. She then won a coveted clerkship at the Supreme Court of Canada where she spent 15 months assisting the Honourable Justice Michel Bastarache. While with Canada 's top court Naiomi not only dealt with the most interesting current legal issues facing Canadian courts, but had the honour of sharing author credits with Justice Bastarache for a forthcoming text on bilingualism.

People like Naiomi define Burchells. As a member of our Litigation and Aboriginal Law practice groups, Naiomi's clients will have the benefit of her remarkable background.

On February 19, 2008 our own Michael Wood and Jennifer Ross made submissions before the Supreme Court of Canada in New Brunswick 's early etirement case involving Potash Corp. The case garnered a great deal of media attention representing the Court's first review of mandatory retirement policies in 20 years. Burchells is proud to have lawyers capable of representing clients at all levels in the court system, including Canada 's top court.

Cheryl knows insurance litigation inside and out, and since joining Burchells as an associate has been an invaluable resource for us and our clients. But her dedicated, client-focused approach goes well beyond files. Cheryl has presented on insurance issues at conferences and for clients, and has published in nationwide industry publications. Also an active community leader, she is involved with our Barrister's Society and the Kidney Foundation.

Burchells has built its reputation on lawyers like Cheryl. We are proud to have her. Congratulations on this career milestone!

Claims Canada , an insurance industry magazine, has published an article by Cheryl Canning entitled "Possibilities, Probabilities and Chances: Assessing Future Pecuniary Losses".

On October 18, 2007, Brian Awad spoke at The Canadian Institute's 7th Annual Administrative Law & Practice Conference held at the Chateau Laurier in Ottawa , Ontario . Brian's speaking topic was "Expert Evidence and Judicial Notice in the Administrative Justice System."

On October 23, 2007, Burchells fielded a rock band and competed in the annual Rock for Kids - Battle of the Lawyer Bands in support of the March of Dimes. Band members from Burchells included Brian Awad, David Hutt, Naiomi Metallic and Theo MacIntosh. The Burchells band was rounded out with Dalhousie Law School Professor Rob Currie and first-year student Ian MacIsaac.

The recently appointed Registrar of Joint Stock Companies for the Province of Nova Scotia is cleaning house. As of Monday September 10, 2007, the Registrar has sent letters to the registered addresses of companies that have had their registration under the Corporations Registration Act revoked for non-payment of their annual registration fees since the years 1994 and 1995. These letters are the first step in the process to strike the companies off the Register of Companies pursuant to section 136 of the Companies Act. Proceedings to strike companies off the Register of Companies were last taken in 2004.

In the event that any of the companies that are struck off the Register of Companies through this process own any property, that property becomes property of the Crown. Accordingly, it is advisable for companies that may be struck from the Register of Companies to take steps to convey all of its assets or to have the company's registration reinstated.

For further information, please contact Kelly L. Greenwood or any other member of our corporate transactions team.

As a member of the ARC Group of Canada Burchells is participating in this year's Risk and Insurance Management Society of Canada's conference and convention in Halifax . Among other events the ARC Group is proud to host a cruise on Nova Scotia 's sailing ambassador, the Bluenose II, for Monday evening.

During the week of August 27 to 31, 2007, Brian Awad volunteered his time to help set the buoys that marked the race courses for the Mobility Cup regatta, the national championship for disabled sailors. Brian learned that, in places, Bedford Basin is over 300 feet deep - which is a long way to drop and haul up repeatedly a 45-pound anchor. the event was held on Bedford Basin .

BestLawyers.com has listed four of our lawyers in its 2007 publication, "The Best Lawyers in Canada . "Alan Parish, QC is listed in the practice areas of Corporate and Commercial Litigation, Defamation and Media law and Securities Law. D. Bruce Clarke has been listed in the practice area of Aboriginal Law. Michael J. Wood, QC is listed in the practice area of Corporate and Commercial Litigation and Legal Malpractice Law. Stuart C.B. Gilby has been listed in the practice area of Aboriginal Law. Because lawyers are not requiredor allowed to pay a fee to be included, a listing in Best Lawyers is widely regarded within the legal profession as a significant honor, conferred on a lawyer by his or her peers. For 25 years, Best lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere."

Burchells partner Brian Awad was quoted in The Daily News on July 18th, 2007. Brian is representing the Right to Know Coalition of Nova Scotia in what the newspaper described as a precedent-setting case concerning access to information.

David Hutt has had an articled published in the Lawyers Weekly magazine, entitled " Wilson - Insurer cannot collect from claimant without contractural reimbursement right."

Burchells is pleased to announce the addition of Denny Pickup to our team of associate lawyers. Denny had articled with Burchells for the past year and while attending law school ran his own successful contracting firm.

Burchells is pleased to announce the addition of a new associate lawyer in our Property Department. David Lewis joined our firm on February 12th, 2007. David's practice is focused primarily in the areas of residential property and corporate, commercial law. He is an authorized lawyer with Property Online for the purpose of migrating real property under the Land Registration Act.

Burchells wish to announce the addition of two new partners to the partnership. Jennifer Ross and David Hutt, both former Associate Lawyers for Burchells, were admitted to the partnership on January 1, 2007. Jennifer Ross specializes in Civil Litigation and Administrative Law while David Hutt specializes in Commercial and Civil Litigation.

Kevin Quigley, David Cameron, Brian Awad, Cheryl Canning and David Hutt were in Toronto for an event kicking-off Burchells' association with the ARC Group Canada. ARC is an association of law firms joining forces to offer high-quality nationwide service to Canada 's insurance and self-insured communities. In Toronto ARC introduced itself to these communities by hosting a conference featuring a presentation by Ali Reza, of Exponent Failure Analysis Consultants, on insurance issues arising from the September 11 attacks on New York 's World Trade Center .

Brian Awad was in Ottawa on October 18th to lead the pre-conference workshop at the Canadian Institute's 6th Annual Advanced Administrative Law and Practice Conference. The workshop included an interactive lecture, as well as a mock tribunal hearing and hearing of an application for judicial review presided over by the Executive Legal Officer of the Supreme Court of Canada.

Two of our articled clerks, from the articling year, 2005 to 2006 have been hired by the firm. H. Jane Anderson and Jason T. Cooke have been admitted to the Nova Scotia Barristers' Society at a ceremony held at The Law Courts, on Friday, June 9th, 2006. We wish both Jane and Jason the best of success in their chosen career as lawyers and we are proud to add them to our team.

Burchells is pleased to add two new articled clerks to our firm. Denny Pickup and Jason Podrats joined our firm for the 2006-2007 articling year. Burchells wishes both Denny and Jason the best of success with their articling term.