12th Biennial Family Law Conference 2019


Course Date: July 4, 2019

Full Course Materials
Total: 10h 46min
Total Ethics: 2h 10min

Thursday, July 4
Welcome and Introduction

James A.W. Schuman, QC Schuman Basran Robin & Bell, Vancouver
Jeffrey A. Rose, QC Jeffrey A. Rose, QC, Vancouver
Nikki L. Charlton Farris, Vaughan, Wills & Murphy LLP, Vancouver

Opening Comments

The Honourable Marshall Rothstein, CC, QC Osler, Vancouver

Estate and Trust Law Update for Family Practitioners

  • definition of “spouse” for purposes of WESA
  • treatment of discretionary trust interests on separation
  • interplay of spousal rights under the FLA and WESA (Gibbons v. Livingston)
  • gifts, inheritances and trust interests in the context of ss. 83 84 and 85 of the FLA
  • contracting out of will variation legislation s. 60 of WESA

    Lauren Blake Legacy Tax + Trusts Lawyers, Vancouver
    Carmen S. Thériault, QC Norton Rose Fulbright Canada LLP, Vancouver

Break

Pension Division: Recent Case Law and Best Practices

  • discussion of recent BC pension division decisions
  • pension traps and how to avoid them
  • best practices in client/file management

    Colin Galinski  Galinski Pension and Benefits Law Corporation, Vancouver

Family Maintenance Enforcement Program ("FMEP") and Enforcement of Support

  • overview of the FMEP
  • enforcement topics and how to address with FMEP
  • tips for enforcement friendly orders

    Angela M. Accettura Director of Legal Services, Family Maintenance Enforcement Program, Burnaby
    Joanne Platt Family Maintenance Enforcement Program, Victoria

Networking Lunch (provided)

Excluded Property—Arguments For and Against

  • does the FLA’s excluded property regime result in greater consistency and predictability?
  • does the current standard for the evidence required to prove excluded property strike a reasonable balance between the parties?
  • should any presumption apply to transfers from one spouse to joint names?
  • when will a court divide excluded property?

    Scott L. Booth  Jenkins Marzban Logan LLP, Vancouver
    Beatrice C. McCutcheon  Cook Roberts LLP, Victoria

Break

Arbitration on Speed

  • history
  • benefits and challenges of arbitration
  • forms of arbitration

    Karen F. Nordlinger, QC Aaron Gordon Daykin Nordlinger LLP, Vancouver

Ethics Panel: Effective Negotiation Without Selling Your Soul

  • disclosure
  • puffery
  • mistake

    Diane M. Bell, QC  Clark Wilson LLP, Vancouver
    Eli C. Walker Aaron Gordon Daykin Nordlinger LLP, Vancouver

Friday, July 5
Welcome and Introduction

James A.W. Schuman, QC Schuman Basran Robin & Bell, Vancouver
Jeffrey A. Rose, QC Jeffrey A. Rose, QC, Vancouver
Nikki L. Charlton Farris, Vaughan, Wills & Murphy LLP, Vancouver

Tips and Traps in Spousal/Partner Support

  • entitlement
  • application (or not) of SSAG
  • retroactive claims
  • review vs. variation
  • deductibility

Wendy E. Best, QC Dunphy Best Blocksom LLP, Calgary

Break

Reapportionment is Live and Well, or is it?Short Term Marriages and the Division of Family Property

  • chart review of all notable reapportionment cases since 2013 with review of developing trends in the law
  • contributions before and after Jaszczewska, where are we now, and did Khan change anything?
  • duration: how short is short before it matters

    Todd R. Bell Schuman Basran Robin & Bell, Vancouver

Parenting Coordination Practice 10 Years in

  • what do we really do
  • what do we not do
  • does it make a difference
  • should we do it
  • what do the courts think

    Morag M.J. MacLeod, QC Barrister & Solicitor, Vancouver
    R. Craig Neville Watson Goepel LLP, Vancouver

Networking Lunch (provided)

Advanced Tips & Tricks in Divorce Mate

  • special expenses and related tax deductions and credits
  • shared custody and eligible dependent credit
  • life insurance security
  • lump sum calculations
  • spousal support restructuring
  • tipsand tricks to save time and maximize efficiency

Christine Montgomery  Consultant, Special Projects, DivorceMate, Toronto

Parenting Issues in Provincial Court and Child Protection

  • what you need to know about the CFCSA as a family law practitioner
  • getting access to Ministry files
  • working with the Ministry
  • jurisdiction of the Provincial Court & out of province litigants
  • relocation applications in Provincial Court
  • s. 211 reports: private and by family justice counsellors

    Corinne P. Feenie Feenie MacDonald, Vancouver
    The Honourable Judge Kathryn J. FerrissProvincial Court of BC, Surrey
    Jasmeet WahidKahn Zack Ehrlich Lithwick LLP, Richmond

Break

Do the Rules of Evidence Even Apply in Family Cases?: A View From the Bench

  • the need for expert evidence in alienation cases (pros and cons)
  • use of social science in determining the best interests of the child
  • Brown v. Dunn revisited (the “confrontation principle”)
  • common problems with affidavit evidence
  • s. 211 “rebuttal” reports

    The Honourable Mr. Justice Nigel Kent Supreme Court of BC, Vancouver