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ARCTIC OBITER

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FINANCIAL MATTERS<br />

Over $8.8 Million to be refunded to CBIA customers!<br />

The CBIA is excited to announce that, as a result of better<br />

than anticipated financial performance, in October 2013,<br />

CBIA Business Overhead Expense and Term Life certificate<br />

owners will share in over $8.8 million through a premium<br />

refund.<br />

Qualifying Business Overhead Expense certificate owners<br />

will receive a cheque in an amount equal to 100% of their<br />

2012 paid premiums.<br />

Qualifying Term Life certificate owners will receive a cheque<br />

in an amount equal to more than 32% of their 2012 paid premiums<br />

on combined face amounts of $1,500,000 or less per<br />

life insured.<br />

The CBIA helps members of the Canadian legal profession<br />

buy high-quality insurance at the lowest possible cost. This<br />

is achieved through a combination of group buying power<br />

and our no-profit, breakeven pricing goal. If better than anticipated<br />

plan performance results in a financial position<br />

that exceeds the long-term requirements of an insurance<br />

program, we return this money to our customers. Such is the<br />

case with the over $8.8 million now being refunded to most<br />

Term Life and Business Overhead Expense insurance customers.<br />

Although we cannot guarantee future results, over the last<br />

15 years better than anticipated plan performance has resulted<br />

in over $53 million being returned to CBIA customers<br />

through reduced rates, contractual improvements and refunded<br />

premiums.<br />

Choosing the Right Bank for Your Trust Accounts<br />

If you’re in private practice and do more than legal aid<br />

work, you’ve got a trust account. Any interest that the account<br />

generates is to be paid, by law, to the NWT Law Foundation<br />

semi-annually under the Legal Profession Act, s. 57(2).<br />

Not all trust accounts are equal, however, so it bears taking a<br />

few minutes to assess what your bank is doing for you, and<br />

whether or not you could be doing a better job generating<br />

interest on those trust monies.<br />

It is the lawyer’s obligation to instruct their bank to remit<br />

any interest earned on the trust monies to the Law Foundation<br />

every six months. Every year during the audit process,<br />

we discover a few lawyers who have been receiving the interest<br />

back into the trust account, which is verboten under<br />

the Act. Please review your bank statements carefully in order<br />

to be sure the interest is not going back into the account,<br />

and check with the bank periodically to make sure the interest<br />

is actually being paid to the Law Foundation.<br />

Currently, the five banks operating in the NWT have<br />

slightly different rates of return—ScotiaBank is offering<br />

prime less 3%, effectively zero interest. The other four—<br />

Bank of Montreal, CIBC, Royal Bank and TD—are all offering<br />

0.25%. When dealing with your bank, please insist on<br />

getting the highest return possible—low interest has a direct<br />

effect on the work the Law Foundation can support year to<br />

year.<br />

We rely on your diligence, so please take a couple of minutes<br />

to make sure your part of the system is working the<br />

way it is supposed to. Students and community groups<br />

thank you for your efforts.<br />

RULES REFRESHER:<br />

#113 A member shall only pay an amount out of a clients trust account by cheque bearing the signature or<br />

countersignature of the member or of another member that he or she has designated as a signing<br />

authority.<br />

10 ■ FALL 2013 <strong>ARCTIC</strong> <strong>OBITER</strong>

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