Provincial Court Family Rules Update: Repeal & Replace 2021

Course Chairs
Nancy Carter, QC — Executive Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria
Lisa J. Hamilton, QC — Hamilton Fabbro Lawyers; Law Society Bencher (Vice President); Law Society Representative, Provincial Court Family Rules Working Group, Vancouver

About the Course Chairs
Nancy Carter, QC is currently the Executive Director, Family Policy, Legislation and Transformation, Justice Services Branch, Ministry of Attorney General. Her office is tasked with the development of family policy and legislation initiatives and for leading and contributing to government's family justice reform and transformation activities.

She has worked for the provincial government in a number of capacities for over 26 years. She previously led the legislative program for the Ministry with responsibility for approximately 100 of the Ministry's statutes. She has provided leadership in the development of democratic reform initiatives as well as civil and family law policy initiatives including the Family Law Act, the Wills Estates and Succession Act, the Limitation Act, the Franchises Act, and other private law reforms.

She has a BA from the University of Victoria and an LLB from Osgoode Hall Law School.

Lisa Hamilton, QC is experienced counsel in all areas of family law. Ms. Hamilton handles family litigation, mediation, arbitration, negotiation, and parenting coordination files. She enjoys advising and strategizing to find the best ways to resolve family law problems.

Ms. Hamilton attended UBC, obtaining her BA in 1990, majoring in Psychology. She obtained her LLB from the University of Victoria in 1994 and was called to the bar in 1995. She is a member of the CBA, the Trial Lawyers Association of BC, the BC Arbitration and Mediation Institute, the Family Law Advocates Group, the BC Parenting Coordinators Roster Society, and the Family Law Arbitration Group. She regularly presents on family law topics. She was elected as a Bencher for the Law Society as of January 2016. She was appointed Queen's Counsel in 2017.

Ms. Hamilton has raised three sons and enjoys music and travelling.

Planning Committee
Shelley Gin — A/Senior Policy Analyst, Court Services Branch, Ministry of Attorney General, Vancouver
Shannan Knutson — Legal Counsel, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria
Lisa Nakamura — Director, Family Policy, Legislation and Transformation Division, Justice Services Branch, Ministry of Attorney General, Victoria
Olga Volpe — Manager, Family Law Services, Legal Aid BC, Vancouver

Faculty
The Honourable Associate Chief Judge Sue Wishart — Provincial Court of BC, Victoria
The Honourable Judge Kathryn J. Ferriss — Provincial Court of BC, Surrey
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
Susan Loney — Co-Lead Family Duty Counsel, Vic West Law, Victoria
Wesley C. Shields — FH & P Lawyers LLP; Canadian Bar Association representative on the Provincial Court Family Rules Working Group, Kelowna
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

Click here for full faculty bios

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)