Class Actions


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

  • what assets held by trusts constitute "excluded property"?
  • increase in value of trust property—is it family property and, if so, how is it divided?
  • valuing trust property for the purposes of division
  • issues arising in discretionary trust situations
  • 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

Date:

February 25, 2005

Course:

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