Family Law Drafting Basics 2023

Course Chair
Todd R. Bell — Farris LLP, Vancouver

About the Course Chair
Todd Bell is a highly skilled litigator and trial lawyer with wide-ranging courtroom experience spanning all levels of court in BC. Todd settles as many files through agreements or mediation as possible, but in the event of an impasse he litigates the matter to a resolution.

Todd's practice areas include the division of high net-worth assets including complex corporate structures, trusts, foreign property, and pensions. He practices in all manner of parenting and custody litigation, including relocation and Hague Convention matters, adoption litigation, and emergency protection from family violence. Todd has been the successful counsel on multiple seminal family law judgments.

Todd received his LLB in 2007 and was called to the bar in 2008. Todd has served as adjunct faculty at the Allard School of Law at UBC, was Co-Chair of the CBA Family Law Subsection after several years on the executive, has been a member of the Editorial Board of the Family Law Practice Manual (CLEBC) since 2012, has joined the Editorial Board of the Family Law Sourcebook (CLEBC) commencing in 2022, chairs conferences or presents legal papers on family law issues several times every year for organizations such as CLEBC, TLABC, LSS, CBA (Okanagan), and the Access Pro Bono Court of Appeal program.

In his personal life, Todd is an enthusiastic canoeist, having done hundreds of kilometers in each Ontario, the Yukon, BC, and northern Saskatchewan. He lives in Vancouver with his spouse, son, and two terribly behaved Labrador Retrievers.

Online Moderator
Sydney A. Snape — Farris LLP, Vancouver

Faculty
The Honourable Madam Justice Wendy A. Baker — Supreme Court of BC, Vancouver
Nikki L. Charlton — Farris LLP, Vancouver
Lindsey A. Cruickshank — Cruickshank & Company, Vancouver
Annie C. Kaderly — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Karen F. Redmond — Redmond Family Law, West Vancouver
Meghan J. Selinger — Silver Selinger LLP,  Vancouver

Course Materials Contributors
Cesar Baltazar — Cruickshank & Company, Vancouver
Olivia Milliken — Redmond Family Law, West Vancouver
Mallory Wyant — Farris LLP, Vancouver

Click here for full faculty bios

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

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Todd R. Bell — Farris LLP, Vancouver

Tips for Avoiding Common Drafting Errors (9:10 – 9:30)

The Honourable Madam Justice Wendy A. Baker — Supreme Court of BC, Vancouver

Pleadings and Affidavits (9:30 – 10:30)

• pleadings generally
• prudent practices
• drafting guidelines and pitfalls
• reviewing and amending pleadings
• useful examples
• other useful court forms
• affidavit drafting

Karen F. Redmond — Redmond Family Law, West Vancouver

BREAK (10:30 – 10:40)

Drafting Correspondence (10:40 – 11:25)

• the basic rules of drafting
  • grammar
  • style
  • layout
• professionalism in letters, emails, and other correspondence
  • when to use letters vs. emails
  • maintaining collegiality, civility, and courtesy
  • communicating with clients, counsel, and the court
  • managing correspondence
• comments on content
  • mandatory, helpful, unnecessary, and inappropriate content
  • settlement proposals
  • without prejudice communications

Annie C. Kaderly — Aaron Gordon Daykin Nordlinger LLP, Vancouver

BREAK (11:25 – 11:35)

Drafting Financial Statements (11:35 – 12:30)

• form 8 (SCBC) and form 4 (PCBC) a wish list or an accurate reflection
• what information must you obtain from your client
• what information should you obtain from your client
• what documents should you request when reviewing the other party's financial statement
• using information in the other party's financial statement to your advantage
• avoiding your form 8 or form 4 being used against your client
• brief overview of imputing income from expenses shown
• consequences of inadequate and late financial disclosure
• common problems and unusual situations

Nikki L. Charlton — Farris LLP, Vancouver

LUNCH (12:30 – 1:10)

Drafting Agreements (1:10 – 2:00)

• cohabitation agreements, marriage agreements, separation agreements
• independent legal advice
• lessons from the case law 

Lindsey A. Cruickshank — Cruickshank & Company, Vancouver

BREAK (2:00 – 2:10)

Drafting Orders and Minutes of Settlement (2:10 – 2:55)

• drafting court orders and minutes of settlement (and when to use them)
• pet peeves of the Registrars
• settlement conferences
• judicial case conferences
• mediation briefs
• tips on avoiding client complaints

Meghan J. Selinger — Silver Selinger LLP,  Vancouver

BREAK (2:55 – 3:05)

Drafting for Ex Parte and Urgent Applications (3:05 – 3:55)

• the ethical obligations inherent to ex parte applications
• how to properly advance an urgent issue
• the "do's and don'ts" of drafting content for ex parte applications
• how to say no to your client: don't risk being the lawyer who cries wolf

Drafting Judicial Case Conference Briefs and Arguments for Short Chambers Applications

• when are each necessary
• when they are, what ought to be included in each and what ought not be included
• doing the cost-benefit analysis for the client

Todd R. Bell — Farris LLP, Vancouver

Concluding Remarks (3:55 – 4:00)

Todd R. Bell — Farris LLP, Vancouver