OK, the code fails when you add a block to the table which contains attributes. If I add code to omit btr's whose HasAttributes properties is true then it works without error.
So I tested some code I've been using to create legends for some time with this drawing. It, too, fails in the same manner. But I was pretty sure it worked with attributed blocks in other drawings. Further testing says I must not have tested this in 2009 (most of my coding is done in 2010) because the same code (mine) works fine in 2010.