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)

Introduction—Provincial 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, QC — Executive 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, QC — Executive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Part 2—Early Resolution Registries; Part 6—Family Justice Registries; and Part 7—Parenting 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 Knutson — Legal Counsel, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

Part 3—Applications 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 4—Family 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 Uhlman — Andrew M. Uhlman Law Office, Victoria

BREAK (10:20 – 10:35)

Part 5—Applying 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 orders—order 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 Smith — Senior 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 8—Family 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 9—Trials (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, QC — Hamilton 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 10—Enforcement (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, QC — Executive 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 11—Consequences (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 12—General (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, QC — Hamilton Fabbro Lawyers; Law Society Bencher (Vice President); Law Society Representative, Provincial Court Family Rules Working Group, Vancouver 

Part 13—Transition (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, QC — Executive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria

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