Hot Topics in Family Law: Navigating the Financial Landscape

Product Type: Course

This course has no current sessions.

DescriptionMore DetailAgenda

The efficient way to review key family law developments from the past year

—Rebroadcast—
Last Kick at the Can 2020
Tuesday, December 8, 2020
9:00 am – 4:00 pm via webinar

(Original Course Date: June 8, 2018)

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Who should attend: Lawyers practicing in the area of family law

Learning level: Intermediate

With the demands of day-to-day family law practice, it can be difficult to keep up with all of the changes in this area of law. This course is your answer to staying current with the latest family law issues and challenges.

Focused on the financial landscape of family law, you will receive an updated primer on hot topics including the presumption of advancement, determination of income, tax implications and discretionary trusts, valuation and achieving fairness, and estate issues. You will leave this course prepared to address the impact of new cases, trends, and developments on your files.

After taking this program, you will:

understand how to address claims for excluded property under the FLA
be able to advance or defend claims for a reapportionment of family property
be aware of recent developments in the treatment of income taxes in the allocation of family property
understand the issues arising upon the death of a spouse
be aware of different ways to resolve family law disputes

Course Chairs
Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Jasmeet Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

Law Society of BC CPD Hours: This rebroadcast has been edited, reducing runtime. A bonus presentation is included to ensure you receive the same or more CPD hours as the original course.	CPD Hours	Ethics* Hours
Watch Hot Topics in Family Law: Navigating the Financial Landscape ONLY	5.50	1.0
Watch Hot Topics in Family Law: Navigating the Financial Landscape and bonus video Managing Anxiety in a Time of Uncertainty	6.50	2.0
*"Ethics" refers to professional responsibility and ethics, client care and relations, and/or practice management credit

Reduced Pricing To support you during COVID-19, CLEBC is offering reduced pricing for courses.
Pricing Last Kick at the Can 2020
Rebroadcast	$489 $405
Rebroadcast Articled Student	$244.50 $202.50
Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. Registration includes an electronic copy of the reference materials. *Please note:* The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live course.

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CLEBC Program Lawyer*
Nadia Myerthall
nmyerthall@cle.bc.ca
*non-practicing

Course Chairs
Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Jasmeet Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

About the Course Chairs
Paul Daykin, QC is a partner of Aaron Gordon Daykin Nordlinger LLP, a family law boutique in Vancouver. His practice is focused on the financial aspects of family law, including division of property and the determination of support. He also advises clients on marriage and co-habitation agreements and on family law issues arising from corporate re-organizations and estate plans. Paul is married to Rosie Daykin, a cookbook author and the owner of Butter Baked Goods. They have a daughter, India, who owns India Rose Cosmeticary.

Jasmeet Wahid is a partner at Kahn Zack Ehrlich Lithwick LLP. Her family law practice is diverse and interesting. It often includes complex financial and parenting issues. Her practice also includes unique issues in the areas of adoption, reproductive technology, child protection, and First Nations concerns. Jasmeet appears in all levels of court. Recently, she was successful in the Court of Appeal in a case concerning the adoption of a First Nations child and the statutory scheme of the Adoption Act [M.M. v. T.B., 2017 BCCA 296] with application for leave to the Supreme Court of Canada being dismissed. Jasmeet enjoys collaborating with colleagues in other practice areas involving challenging family law and related issues. In her spare time, Jasmeet has managed to climb Mt. Kilimanjaro, ride a camel in the Indian desert, and complete a marathon in Hawaii. She is searching for her next adventure.

Faculty
Renée Aldana — South Coast Law Group, Surrey
Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver
Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Kiu Ghanavizchian, CPA, CA, CBV, MBA — Blair Mackay Mynett Valuations Inc., Vancouver
Ian B. Hayward — Hayward Sheppard, Vancouver
Lawrence A. Kahn, QC — Kahn Zack Ehrlich Lithwick LLP, Richmond
Anna Laing — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Morag M.J. MacLeod, QC — Barrister & Solicitor, Vancouver
Christine Murray — Cassels Murray, Victoria
Anna Silver — Hamilton Fabbro, Vancouver
Jasmeet Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

Click here for full faculty bios »

Welcome and Introduction

Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Jasmeet Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

The Life and Death of the Presumption of Advancement

• review of case law since VJF
• is the presumption of advancement dead?
• what happens if excluded property is used to buy a jointly-held asset?
• tips on how to advance or defend a claim for excluded property

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

Tax Implications/Trusts

• recognition of latent distributive income taxes in the allocation of family property
• review of cases Maguire v. Maguire and Mahmoud v. Mahmoud
• what evidence to call
• valuation issues
• working with a business valuator
• how to value discretionary trusts

Kiu Ghanavizchian, CPA, CA, CBV, MBA — Blair Mackay Mynett Valuations Inc., Vancouver
Ian B. Hayward — Hayward Sheppard, Vancouver
Christine Murray — Cassels Murray, Victoria

Break

Family Law Arbitration

• how it works
• rules of procedure and evidence
• pros and cons
• appeals and resources

Lawrence A. Kahn, QC — Kahn Zack Ehrlich Lithwick LLP, Richmond
Morag M.J. MacLeod, QC — Barrister & Solicitor, Vancouver

Networking Lunch (Provided)

Determination of Income

• calculation of income
• inclusion of all or part of pre-tax corporate income under s. 19 of FCSG
• imputation of income
• schedule III adjustments

Renée Aldana — South Coast Law Group, Surrey

The Application of ss. 87 and 95 of the FLA to Achieve Fairness

• what is the meaning of “significant unfairness”?
• unequal division of family property under s. 95
• using a different valuation date (s. 87)

Anna Silver — Hamilton Fabbro, Vancouver

Break

Death is Not the End (of a Family Law Claim)

• practical considerations for starting/continuing a family law claim after a spouse dies
• support claims and the estate
• interplay of property/debt division claims and estate claims

Anna Laing — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Closing Remarks

Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Jasmeet Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

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