Provincial Court Family Rules Update: Repeal & Replace 2021
Course Date: April 20, 2021
Total: 3h 25min
Course Date: April 20, 2021
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)
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