Provincial Court Family Rules Update: Repeal & Replace 2021


Course Date: April 20, 2021

Full Course Materials
Total: 3h 25min

Welcome and Land Acknowledgement (9:00 – 9:05)

IntroductionProvincial Court Rules Modernization (9:05 – 9:15)

  • background and context
  • overview for session

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
Nancy Carter, QCExecutive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Purpose and Interpretation (9:15 – 9:30)

  • purpose and objectives of the rules
  • key terminology
  • parts that apply in certain registries
  • which registry to use

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
Nancy Carter, QCExecutive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Part 2Early Resolution Registries; Part 6Family Justice Registries; and Part 7Parenting Education Program Registries (9:30 – 9:45)

  • overview of requirements in designated registries
  • overview of Family Justice Services Division services

Oriole Courcy Program and Policy Analyst, Family Justice Services Division, Justice Services Branch, Ministry of Attorney General, Victoria
Shannan KnutsonLegal Counsel, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Part 3Applications About Family Law Matters (9:45 – 9:55)

  • pathway for family law matters
  • approach to the forms
  • family law matter applications

Erin Smith Senior Policy Analyst, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Part 4Family Management Conferences (9:55 – 10:20)

  • replacing the first appearance
  • experience and practice tips
  • scheduling

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
The Honourable Judge Kathryn J. Ferriss Provincial Court of BC, Surrey
Susan Loney Co-Lead Family Duty Counsel, Vic West Law, Victoria
Andrew UhlmanAndrew M. Uhlman Law Office, Victoria

BREAK (10:20 – 10:35)

Part 5Applying for Other Orders (10:35 – 11:20)

  • replacing the notice of motion
  • applications for case management orders
  • practice tips for case management order applications
  • application about a protection order
  • application about a priority parenting matter
  • practice tips for applications about priority parenting matters
  • application for order prohibiting the relocation of a child
  • written response to application
  • applications for other ordersorder review
  • application for other orders in court

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
The Honourable Judge Kathryn J. Ferriss Provincial Court of BC, Surrey
Susan Loney Co-Lead Family Duty Counsel, Vic West Law, Victoria
Erin SmithSenior Policy Analyst, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria
Andrew Uhlman
Andrew M. Uhlman Law Office, Victoria

Part 8Family Settlement Conferences (11:20 – 11:25)

  • key changes and scheduling

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
The Honourable Judge Kathryn J. Ferriss Provincial Court of BC, Surrey

Part 9Trials (11:25 – 11:45)

  • trial readiness statement
  • trial preparation conference
  • trial processes

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
The Honourable Judge Kathryn J. Ferriss Provincial Court of BC, Surrey
Lisa J. Hamilton, QCHamilton Fabbro Lawyers; Law Society Bencher (Vice President); Law Society Representative, Provincial Court Family Rules Working Group, Vancouver 
Wesley C. Shields FH & P Lawyers LLP; Canadian Bar Association representative on the Provincial Court Family Rules Working Group, Kelowna

BREAK (11:45 – 12:00)

Part 10Enforcement (12:00 – 12:10)

  • filing agreements, parenting coordinator's determinations, and orders
  • application about enforcement
  • enforcement of support orders under the Family Maintenance Enforcement Act

Nancy Carter, QCExecutive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria
Wesley C. Shields FH & P Lawyers LLP; Canadian Bar Association representative on the Provincial Court Family Rules Working Group, Kelowna

Part 11Consequences (12:10 – 12:15)

  • key changes

Wesley C. Shields FH & P Lawyers LLP; Canadian Bar Association representative on the Provincial Court Family Rules Working Group, Kelowna

Part 12General (12:15 – 12:30)

  • child's lawyer
  • party's lawyer
  • preparation of orders
  • affidavits
  • service
  • changing a filed document
  • discontinuance
  • electronic communication and electronic filing

Lisa J. Hamilton, QCHamilton Fabbro Lawyers; Law Society Bencher (Vice President); Law Society Representative, Provincial Court Family Rules Working Group, Vancouver 

Part 13Transition (12:30 – 12:35)

  • overview of transition rules
  • informal trial pilot and family justice managers

The Honourable Associate Chief Judge Sue Wishart  Provincial Court of BC, Victoria
Nancy Carter, QCExecutive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Questions and Discussion (12:35 – 1:00)