Interplay Between Aging, Death & Divorce 2021

Course Chairs
J. Jeffrey Locke — McLellan Herbert, Vancouver
Jasmeet K. Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

About the Course Chairs
Jeff Locke is a Partner with McLellan Herbert. Jeff practices primarily in the areas of wills and estates litigation, appearing before all levels of court in BC to assist executors, beneficiaries, and family members in resolving the various disputes that arise in that arena. Jeff also regularly acts on contentious matters involving elderly, incapable, and/or vulnerable persons, helping families navigate these consistently complicated waters. Outside of regular practice, Jeff has been an adjunct professor for the judicial externship program at the Peter A. Allard School of Law since 2011 and has previously volunteered his time as a supervising lawyer for the legal research program at Thomson Rivers University Faculty of Law and for the co-op program at the University of Victoria Faculty of Law.

Jasmeet Wahid is a Partner with Kahn Zack Ehrlich Lithwick LLP in Richmond, BC. Jasmeet's family law practice is diverse and interesting, often including 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 and has argued many significant cases, including appeals concerning: 1) the posthumous use of reproductive material and the statutory interpretation of the consent provisions of the Assisted Human Reproduction Act [L.T. v. D.T. Estate, 2020 BCCA 328]; 2) a child's consent to gender affirming care, family violence and remedies under the Family Law Act [A.B. v. C.D., 2020 BCCA 11 & 2019 BCCA 297]; 3) the adoption of a First Nations child and the statutory scheme of the Adoption Act [M.M. v. T.B., 2017 BCCA 296, application for leave to SCC dismissed]; and, 4) the issue of variation of spousal support and whether re-partnering is a material change of circumstances [Morigeau v. Moorey, 2015 BCCA 160].

Faculty
Emma J. Ferguson — Alexander Holburn Beaudin + Lang LLP, Vancouver
Colin Galinski — Galinski Pension and Benefits Law Corporation, Vancouver
Deidre J. Herbert — McLellan Herbert, Vancouver
Fiona Hunter — Horne Coupar LLP, Victoria
Amy A. Mortimore — Clark Wilson LLP, Vancouver
Emma Neary — Horne Coupar LLP, Victoria
Zara Suleman — Suleman Family Law, North Vancouver
Georgia Tsonis — Public Guardian and Trustee of BC, Vancouver

Course Materials Contributor
Zachary Rogers — Clark Wilson LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

J. Jeffrey Locke — McLellan Herbert, Vancouver
Jasmeet K. Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

Intersection Between WESA and FLA (9:10 – 9:40)

• overview of the legislation
• tips for working together
• wills variation claims
• interplay of property/debt division claims and estate claims
• estate issues for family law agreements

Emma J. Ferguson — Alexander Holburn Beaudin + Lang LLP, Vancouver

BREAK (9:40 – 9:55)

Capacity Issues in FLA/Divorce Proceedings (9:55 – 10:55)

• assessing capacity
• who is your client
• suspicious circumstances/undue influence
• what if a party becomes incapacitated
• Representation Agreement, Power of Attorney, Committeeship
• committee of estate/person and standing on separation and divorce
• what if a party dies
  • PGT or private committee
  • litigation guardian—litigation representative

Deidre J. Herbert — McLellan Herbert, Vancouver
Georgia Tsonis — Public Guardian and Trustee of BC, Vancouver

BREAK (10:55 – 11:10)

Definition of Spouse Under WESA and FLA (11:10 – 12:10)

• who is a spouse
• support claims and the estate 
• common law spouse
• recent case law regarding spouses
• practical considerations for starting/continuing a family law claim after a spouse dies
• polyamorous relationships

Amy A. Mortimore — Clark Wilson LLP, Vancouver
Zara Suleman — Suleman Family Law, North Vancouver

LUNCH (12:10 – 12:50)

How Trusts are Used to Deal with Aging, Death & Divorce (12:50 – 1:50)

• using trusts in estate planning
• choosing between inter vivos trusts and testamentary trusts
• the intersection of the FLA and trust interests

Fiona Hunter — Horne Coupar LLP, Victoria
Emma Neary — Horne Coupar LLP, Victoria

BREAK (1:50 – 2:05)

Reproductive Material: The Legal Frontier (2:05 – 2:35)

• retrieval, storage, and use of reproductive material, including posthumously
• statutory provisions, including consent, under the Assisted Human Reproduction Act
• evolving common law: case studies
• practice tips for the family and estate lawyer

Jasmeet K. Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond

BREAK (2:35 – 2:50)

Securing Income for Old Age: Pensions, Pension Division, and Annuities (2:50 – 3:55)

• pensions under the FLA
• advice on issues involving older clients

Colin Galinski — Galinski Pension and Benefits Law Corporation, Vancouver

Closing Remarks (3:55 – 4:00)

J. Jeffrey Locke — McLellan Herbert, Vancouver
Jasmeet K. Wahid — Kahn Zack Ehrlich Lithwick LLP, Richmond