Family Law Conference 2015


Course Date: July 9, 2015

Total: 10h 44min

Day 1: Thursday, July 9, 2015

Opening Comments

The Honourable Chief Justice Christopher E. Hinkson Supreme Court of BC, Vancouver

Welcome and Introduction

James A.W. Schuman, QC Schuman Daltrop Basran & Robin, Vancouver
Jeffrey A. Rose, QC Mortimer & Rose, Vancouver
Stephanie L. Fabbro Hamilton Fabbro, Vancouver

Negotiate, Litigate, Mediate, or Arbitrate: Exploring Options with and for the Family Law Client

  • options available for clients
  • secrets of success in dispute resolution
  • tips, strategies, and innovative ideas to reach settlement

Lonny L. Balbi, QC Balbi & Company Legal Centre, Calgary
Philip M. Epstein, QC Epstein Cole LLP, Toronto

Networking Break

Judicially Assisted Resolution in Supreme and Provincial Courts: Case Conferences (JCCs, FCCs) and Settlement Conferences

  • an overview of the Rules of Court
  • what is not covered by the Rules and how that shapes participation
  • treating the opportunity to settle as an important moment in litigation
  • working without knowing the obstacles you might face at the hearing
    • what to do when facing an indifferent response
    • what to do when a litigant is self-represented
    • what to prepare for settlement discussions
    • what to avoid in settlement discussions

The Honourable Mr. Justice Peter D. Leask — Supreme Court of BC, Vancouver
The Honourable Madam Justice Linda A. Loo — Supreme Court of BC, Vancouver 
The Honourable Judge Patricia Bond — Provincial Court of BC, Surrey
Phyllis M. Kenney — Family Lawyer, Vancouver

Networking Lunch

Parental Alienation Claims in Court

  • parental alienation past and present
  • prevalence of parental alienation claims and conclusion in Canadian courts
  • assessing claims of parental alienation: is it or isn’t it?
  • legal responses to conclusions of parental alienation
  • view from the bench: the challenges of parental alienation cases

The Honourable Mr. Justice Peter D. Leask — Supreme Court of BC, Vancouver
The Honourable Madam Justice Linda A. Loo Supreme Court of BC, Vancouver
John-Paul E. Boyd Executive Director, Canadian Research Institute for Law and the Family, Calgary

Networking Break

WESA, Trusts, and Family Law

  • intersection points between family law and estate and trust law
  • meaning of “beneficial interest in property”
  • treatment of trust interest under the FLA, including discretionary trust interests
  • valuing a beneficial interest in a trust
  • enforcing claims against trust assets

Carmen S. Thériault, QC Bull, Housser & Tupper LLP, Vancouver

Day 2: Friday, July 10, 2015

Welcome and Introduction

James A.W. Schuman, QC Schuman Daltrop Basran & Robin, Vancouver
Jeffrey A. Rose, QC Mortimer & Rose, Vancouver
Stephanie L. Fabbro Hamilton Fabbro, Vancouver

Practical, Principled, Proportional Chambers Practice

Master Douglas Baker Supreme Court of BC, Vancouver

A New User's Guide to the SSAG

  • new user’s guide
  • overview of leading trial and appeal decisions
  • basic issues: entitlement, imputing income, location in the range, exceptions
  • hard issues: duration and self-sufficiency, shared custody, high incomes, post-separation income increases

Professor Carol Rogerson Faculty of Law, University of Toronto, Toronto
Professor Rollie Thompson, QC Schulich School, of Law, Dalhousie University, Halifax

Networking Break

Determining Income for Child and Spousal Support: Challenging Scenarios

  • how to assess a fluctuating pattern of income
  • inclusion of pre-tax corporate income
  • the use of expert reports for income determination

Dinyar Marzban, QC Jenkins Marzban Logan LLP, Vancouver

Networking Lunch

Conducting a Family Law Trial

  • getting ready for trial: the TMC, document briefs, and agreed facts
  • presenting your case—getting the evidence you need before the court
  • dealing with self-represented litigants
  • effective closing submissions, legal briefs, Scott Schedules, and forensics

The Honourable Mr. Justice Bruce Butler Supreme Court of BC, Vancouver
The Honourable Mr. Justice John Harvey Supreme Court of BC, New Westminster

Family Law Appeals: For Better or Worse

  • jurisdiction/standard of review
  • preparation
  • the factum
  • the oral hearing

The Honourable Madam Justice Pamela Kirkpatrick Court of Appeal for BC, Vancouver
The Honourable Madam Justice Daphne Smith  Court of Appeal for BC, Vancouver

Networking Break

FLA Property Law Update

  • gifts between spouses, tracing, and the loss of excluded property
  • dealing with property in more than one jurisdiction—conflict of law rules in Part 5 of the FLA
  • update on reapportionment/valuation
  • dealing with trust interests on separation
  • an FLA “Scott Schedule”

Scott L. Booth Jenkins Marzban Logan LLP, Vancouver
Paul M. Daykin, QC Aaron Gordon Daykin Nordlinger LLP, Vancouver