Canadian Lawyer

August 2011

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP RepoRt dRives new appRoach foR auto insuRance in n.s. Section B provinces in the country," says Machum, who represents major players in the insurance industry. "The talk of this report is, 'Let's increase Section B benefits to keep them in line with the rest of the country.' That seems reason- able." Specifically, L'Esperance is recom- mending the government adopt all ele- ments of SEF 48, a buy-up option avail- able to insureds, as mandatory. This "The question still remains, however, what is a serious injury? It will be interesting to see how the courts interpret this." GEOFFREY MACHUM, STEWART MCKELVEY would, for example, more than double weekly income payments, head of house- hold benefits, and funeral expenses. The report is also recommending a customized, made-in-Nova-Scotia ver- sion of the diagnostic and treatment protocols established in Alberta in 2004 and adopted, in part, in Ontario's re- forms in 2010. Although the report's recommendations are still under review, the government seems keen to move for- ward with reform. "If legislative changes are necessary, we're aiming for the fall sit- ting of the House of Assembly," Finance Minister Graham Steele said in a release. The shifting landscape may not be that difficult for lawyers to traverse. "Because we have seen this in play in Alberta, we have some familiarity with this," says Machum. "The question still remains, however, what is a serious inju- ry?" he notes. "It will be interesting to see how the courts interpret this." — DONALEE MOULTON donalee@quantumcommunications.ca 8 A U GUST 2011 www. CANADIAN Lawyermag.com A new approach to CPD we should be a general CLE provider and concluded we ought not to be doing the broad work. Our work should be focused on our regulatory role," explains NSBS executive director Darrel Pink. The new approach will flow from the society's role as spelled out in the T Legal Profession Act and encompass educational endeavours in such topic areas as ethics, equity, and the provincial Land Registration Act. Gone will be general programs spotlighting real estate and corporate-commercial law. "There are lots of others locally and nationally that are doing that," says Pink. "In many provinces, education for lawyers is not offered by the [law] societies." In New Brunswick, for example, the Canadian Bar Association offers profes- sional programming while in Ontario there are numerous providers as well as the provincial law society. Fit was only one reason the NSBS has shifted its educational emphasis. Money was another. "There was a financial implication," notes Pink. "We were losing money all told when everything was considered. Our role is not to be a business," he says. "We weren't very good at guessing the marketplace." The law society isn't concerned that there will be a gap in course and program offerings. The law school at Dalhousie University, the CBA, and even local law firms may step up and step in to fill the need, says Pink. In addition, the spectre of manda- tory continuing professional devel- opment looms large in Nova Scotia. It will come into effect next summer, making the NSBS one of seven law societies across the country that has adopted this approach. Pink expects mandatory CPD will spur the devel- opment of even more options for law- yers. "There is going to be a demand," he says. "The market will more than meet the demand." The barristers' society's newly refocused and retooled approach to professional development is not likely to have a noticeable impact on lawyers. While the marketplace will help them meet the need for practice-specific courses, the NSBS will be there to assist in other areas. "We're committed to making our staff available to deliver educa- tion in areas we have expertise in," says Pink. — DM he Nova Scotia Barristers' Society is introducing a new curriculum for its 1,937 practising members. Continuing legal education will become more concentrated and less extensive. "We looked at whether C ontinued fr om pa g e 7

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