The Lawyers Weekly - January 15, 2010

JANE MUNDY VANCOUVER

Benchers of the Law Society of British Columbia (LSBC) recently passed amendments to the Law Society Rules and the Professional Conduct Handbook, similar to those in effect in Ontario, allowing multi-disciplinary partnerships (MDPs) in B.C. for the first time, effective July 1.

Benchers in favour believe
MDPs will provide more effi-
cient client services, broader
consumer choices and potential-
ly increased profits. But con-
cerns were raised over non-law-
yer partner (NLP) liability insur-
ance and in particular, the con-
trol and supervision of NLPs.

reason is that The Federation of
Law Societies is trying to develop
a code of ethics across the country
and this is one step to make sure
that there is consistency. The last
reason, and perhaps the most
important, is [this will provide]
better service to
the public.”
and more control. And of course,
people’s legal problems are most
often associated with other
issues, such as divorce and social

Zacks

services.

The LSBC’s ethics committee has developed a process once the MDP is in place, but only if it enhances the practice of law. It is trying to ensure that the MDP is in compliance with the LSBC’s handbook, that non-lawyer members (NLPs) won’t interfere with the law practice and that the MDP follows everything that a practising lawyer does. And the NLP must be of “good character” (according to rule 2-23. 2 of the Law Society Rules).

Hume said that the NLP will have to go through the same process as a lawyer to ascertain good character. And there will be restrictions. For instance, a law-

See MDPs Page 8

Effects of herpes not ‘accident’: SCC

THOMAS CLARIDGE TORONTO

Overturning two lower courts, the Supreme Court of Canada has ruled that the unexpected dire consequences of a disease do not qualify for benefits under an accident insurance policy.

In its pre-Christmas ruling, the court unanimously dismissed an action brought by a Port Coquitlam, B.C. man who became a paraplegic on contracting genital herpes from having unprotected sex with three women.

At issue in the case was
whether the plaintiff, Randolph
Charles Gibbens, was covered
under a group insurance policy
issued by Co-operators Life
Insurance Company which pro-
vided compensation for losses
“as a direct result of a Critical
Disease or resulting directly or
independently of all other
causes from bodily injuries
occasioned solely through
external, violent and accidental
means.”
At trial and before the British
Columbia Court of Appeal, law-
yers for Gibbens argued suc-
cessfully that the consequences
of the unprotected sex were
unexpected and hence acciden-
tal within the meaning of the
policy.

In finding for the plaintiff,
B.C. Supreme Court Justice
Frank Cole relied on Martin v.
American International
Assurance Life Co., [2003] 1
S.C.R. 158, which upheld a B.C.
Court of Appeal ruling that
allowed a claim for an acciden-
tal death benefit where the
insured, a doctor, had died from
an intravenous injection of
Demerol which a coroner found
was at the low end of the range
for lethal doses. Writing for a
unanimous court, Chief Justice
Beverley McLachlin found that
the circumstances supported an
inference that the death was
effected through “accidental
means.”
Justice Cole decided that the
question to be answered was
whether Gibbens expected to
become a paraplegic as a result
of the unprotected sex. Finding
that he did not, he held that the
fact that his sexual conduct was
foolish did not preclude the
consequences from being con-
sidered accidental. Gibbens was
awarded $200,000 plus inter-
est and costs.

Justice Binnie observed that bacteria and viruses “constantly make their way into our bodies, sometimes with little effect, and we in turn spread them to others.… It cannot be correct that passengers sitting in an airliner who catch the SARS virus through the externality of

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