Class Actions
Course Date: February 25, 2005
Course Date: February 25, 2005
Welcome and Introduction
Barbara J. Nelson, QC — Barrister & Solicitor, Vancouver
Jeffrey A. Rose, QC — Mortimer and Rose, Vancouver
Determination of Family Property and Debt
- triggering event and valuation of family property
- definition of family property and debts
- excluded property
- unequal division of family property and debt
- division of excluded property
Briana J. Hardwick — Rush Ihas Hardwick LLP, Kelowna
Theresa L. Stowe — Jenkins Marzban Logan LLP, Vancouver
Trusts and the Determination of Family Property
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what assets held by trusts constitute "excluded property"?
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increase in value of trust property—is it family property and, if so, how is it divided?
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valuing trust property for the purposes of division
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issues arising in discretionary trust situations
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proactive planning opportunities with trusts
Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver
Gordon B. MacRae, QC — Legacy Tax + Trust Lawyers, Vancouver
Pension Division On Marriage Breakdown—What's New Under the FLA?
- discussion of key changes to pension division under the FLA
- pension division practice tips for family lawyers
Colin Galinski — Spectrum HR Law LLP, VancouverNetworking Break
Question Period
ADR/Non-Court Dispute Resolution
- who is a “family dispute resolution professional” and why should you care
- how the FLA changes how we do ADR
- what a family law arbitration looks like and why it may be good for your client
Jane Henderson, QC — Brown Henderson Melbye, Victoria
Eugene Raponi, QC — Waddell Raponi, Victoria
Networking Lunch and Keynote Speaker: "Off the Rails on a Crazy Train: Comments on the Future of Family Law"
John-Paul E. Boyd — Aaron Gordon Daykin Nordlinger, Vancouver
Family Violence—Changing Professional Responsibilities
- best interests test: assessing violence and its impact on safety, security, and well-being
- dispute resolution: evaluating for presence of family violence and its impact on safety and negotiating ability
- safety and security orders: new orders and enforcement mechanisms, benefits, and challenges
- case management: enhanced and new tools for managing litigants and court processes
The Honourable Donna J. Martinson — Vancouver
From Parenting to Parenting Coordination: One Small Step for the Law and a Giant Leap for Lawyers
- new approach—out of court settlements: who are the players and what are their roles
- new terms—it’s parenting time!
- new tools in the toolbox—parenting coordination
Phyllis M. Kenney — Barrister & Solicitor, Vancouver
R. Craig Neville — Watson Goepel LLP, Vancouver
Relocation: Should I Stay or Should I Go?
- notice requirements
- factors for consideration in relocation cases
- orders following a relocation application
Meghan J. Selinger — Hamilton Fabbro, Vancouver
Networking Break
Child and Spousal Support
- new definitions
- the emancipated minor
- the treatment of agreements
- retroactive variation vs. reduction of arrears
- support after the death of the payor
David C. Dundee — Paul & Company, Kamloops
Conduct Orders
- a panoply of methods to decrease conflict and enhance cooperation
- the new tools: counseling, programs, dispute resolution processes, costs and fines
- adjournments—suspended animation for the non-compliant litigant?
- orders affecting property (Polglase 2.0?)
Megan R. Ellis, QC — Megan Ellis & Company, Vancouver
Dancing the Two-Step: Domestic Agreements Under the FLA
- understand the new rules about deference to agreements
- section 95 FLA: section 65 with a name change?
- when excluded property is not really excluded
Morag M.J. MacLeod — Barrister & Solicitor, Vancouver
Barbara J. Nelson, QC — Barrister & Solicitor, Vancouver
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