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Chairman's Report 2005

FINANCIAL HIGHLIGHTS

2005 2004
Revenue $10,845,054 $12,865,273
Grant allocations / Adjustments $8,177,810 $ 8,453,257
Legal Aid Society $2,411,437 $ 2,854,653
Administration $339,465 $ 430,139
Excess (deficiency) $ (83,658) $ 1,127,224

The Directors elected to transfer funds from unrestricted net assets to the internally restricted net assets reserve. The reserve has been established in order to provide funding stability for ongoing programs that otherwise could be adversely affected by volatile fluctuations in both the prime rate and the average balances in solicitors’ general trust accounts. The Foundation was able to top up the reserve in 2004-05 to the full extent of our reserve policy.

The Board reviewed 74 applications for funding (78 last year) of which 59 were approved (62 last year).

In accordance with the Insurance Act, the Foundation’s funds are kept invested in short-term money market instruments and low-risk marketable securities. Income from investments for 2004-05 was $1,199,307, a decrease from last year's investment income of $1,381,700.

Lawyers' general trust account interest received in 2004-05 totalled $9,645,747, which is a significant decrease from last year's receipts due to the lower average prime rate. The drop in revenue would have been more significant were it not for somewhat higher average balances and the positive impact of more favorable interest rate arrangements. With rates estimated to be fairly stable in the next few months, the Foundation expects 2005-06 revenue to increase somewhat from 2004-05.

General Comments

As noted above, revenue from lawyers' general trust accounts for the fiscal year ending March 31, 2005 was $9.6 million of which 25% or $2.4 million is due to the Legal Aid Society of Alberta. Investment income was $1.2 million. Successful negotiations with financial institutions in the past year are expected to improve annual interest revenue in the coming year to the extent of about $900,000 per annum.

The Directors of the Foundation established financial reserves sufficient to provide three years of secure funding for core grant recipients thus enabling them to better plan for the future. During 2005-06, it is expected that some core grants may merit a modest increase and that any project grant applications will be closely scrutinized. Because it is difficult to predict interest rate trends and other economic factors, the Foundation reviews annually its core funding budget and other funding initiatives.

The Foundation takes seriously its stewardship role in relation to the total trust deposits held in general trust accounts at the various financial institutions. In July and August of 2004, the overall balance exceeded $1 billion. The Foundation believes these deposits should receive market based interest compensation that reflects both the very substantive balances and their overall stability. In particular, I am pleased to recognize RBC, TD Canada Trust, CIBC, ATB and HSBC for significant improvements to their banking arrangements. The only institution to steadfastly refuse to pay a reasonable interest rate continues to be the National Bank of Canada, with the result that the shortfall in annual interest revenue to the Foundation amounts to hundreds of thousands of dollars.

The Foundation and its’ funded community agencies are most appreciative of the leadership and support of the cooperative financial institutions in this time of diminished financial resources and lower interest rates.

I would like to express my appreciation to the Foundation's Board of Directors and in particular to Mona Duckett, Q.C., the past Chair, and to the staff, Diana Porter and David Aucoin for their guidance of the Foundation over the past year.

All of which is respectfully submitted.

Steve Raby, Q.C.
Chair
Alberta Law Foundation
July 2005


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