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"triggered" the need. As for competition? Keirstead acknowl- edges it does exist and there's nothing out there to stop it. Clients can always change lawyers if they like the new person better. "It's the client's right and privilege to change lawyers," he says, but that's a reality of doing business. In smaller communities, there may not be more than one law firm handling specific types of law such as criminal, for- estry, or aboriginal. Keirstead says that might cause lawyers to look to nearby communities for backup and this could be a means of building "collegiality" between neighbouring practices. For those who don't know where to turn for relief, the LSBC does have some options. The LSBC offers a locum registry for lawyers who need short-term relief (for a num- ber of reasons including maternity leave) and the succession planning registry, which provides alternates who are willing to take over practices. Keirstead says the best solution for clients is having the lawyer take the lead and finding replace- ment services rather than having the LSBC step in and attempt to sort out files. "The last thing a surviving spouse wants to deal with in these circumstances is the law practice and the clients — particularly if the person is a non-lawyer," he says. The tools posted on the web site were developed "under — JEAN SORENSEN lawyer loses nowhere when a Supreme Court of British Columbia judge dismissed it in March after the lawyer failed to tender proof. Gichuru moved into a small suite next door to the Prado Café V and placed a desk and bed on the wall shared by the restaurant, which operates from 7 a.m. to 8 p.m. He claimed he was awoken "three times per week" before 7 a.m. After 18 months and numerous complaints to the owner Amy Renee York, who made some attempt to mitigate the sound, Gichuru took her to court seeking $5,000 in damages and, if under his tenancy agreement he was able to remain on site, that the restaurant refrain from placing speakers six metres from the wall. Several attempts were made by York to enter the apartment to hear the noise, and she at one time turned up outside his door with a city bylaw officer wanting to access his apartment. She was denied entry. Gichuru, who pleaded his own case, did not bring any independent evidence into court regarding the noise. Justice Lance W. Bernard said Gichuru has not proven his case as an "actionable nuisance." "The nature of the noise does not, apparently, lend itself to objec- tive measurement or recording; thus, Mr. Gichuru has neither tendered results of a measuring instrument nor an audio recording of the sound. Similarly, Mr. Gichuru has not tendered third-party experiential evidence because it does not exist. No-one has heard the noise in question either incidental to presence in Mr. Gichuru's apartment or by invitation for such a purpose," Bernard reasoned. — JS uretzky_CL_May_11.indd 1 ancouver lawyer Mokua Gichuru's claim that the bass beat of restaurant music in a mixed-use building complex on funky Commercial Drive was interfering with his sleep went Let us open right door for you the We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of eleven lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 www.CANADIAN Lawyermag.com M AY 2011 13 4/14/11 10:32:23 AM jean_sorensen@telus.net Sole practitioners need a game plan, says Graeme Keirstead. my watch and a number of people were involved" says Kei- rstead, who now moves on to become the LSBC's new man- ager of intake and early resolution on cases. s leep a nD c a s e