Hot Topics in Family Law: Navigating the Financial Landscape

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