13th Biennial Family Law Conference 2021

Course Chairs
James A.W. Schuman, QC — Schuman Basran Robin & Bell, Vancouver
Jeffrey A. Rose, QC — Jeffrey A. Rose, QC, Vancouver
Nikki L. Charlton — Farris LLP, Vancouver

About the Course Chairs
James Schuman, QC is a well-known senior member of the Vancouver family bar, where he has practiced for over 50 years. He is a graduate of UBC Law School and was called to the BC bar in 1968. Jim is a frequent contributor to and participant in CLEBC family law courses and materials.

Jim has a long history of contribution to the local family law CBA section and has worked extensively for CLEBC on family law topics. He has been a key figure in developing, organizing, and presenting CLEBC's Family Law Biennial Conference since the inception of the event in 1985. Jim's volunteer activities include non-legal interests such as executive/committee involvement for the Richmond Winter Club, the YMCA, the Municipality of Richmond, and provincial, national, and international curling competitions.

Jeff Rose, QC was called to the BC bar in 1984 and shortly thereafter joined M. Edward Mortimer, QC in the practice of family law, which has always been Jeff's specialized area of practice.

In 2005, he was appointed Queen's Counsel by the Honourable Wally Oppal, QC, Attorney General of BC. Jeff was later awarded the BC Leaders in Learning Award by CLEBC for exceptional contributions to the profession.

Jeff has co-chaired and contributed to over 60 family law courses and conferences. He has been on the Editorial Board of the BC Family Practice Manual and Financial Issues in Family Law. He is currently on the Editorial Board of the Family Law Sourcebook.

Nikki Charlton specializes exclusively in the area of family law and provides services from either a collaborative or litigation approach depending on the individual needs of her clients. She is an accredited Family Law mediator, arbitrator, and parenting coordinator. 

Nikki was educated at UVIC where she graduated with a BA degree, with distinction. She studied law at UBC Law School and was called to the BC bar in 2004. Nikki is a partner at Farris LLP and was named "Lexpert's Rising Star Top 40 Under 40" in 2015.

Nikki is a contributor to continuing education seminars for other lawyers and presents regularly at conferences on various complex issues affecting couples going through separation and divorce within BC.

Faculty
The Honourable Associate Chief Judge Sue Wishart — Provincial Court of BC, Victoria
The Honourable Mr. Justice Jasvinder S. Basran — Supreme Court of BC, Vancouver
The Honourable Judge Kathryn J. Ferriss — Provincial Court of BC, Surrey
Todd R. Bell — Schuman Basran Robin & Bell, Vancouver
Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver
Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Jesse L. Desilets — Schuman Basran Robin & Bell, Vancouver
Dr. Lisa Ferrari, RPsych — Director, Vancouver Psychology Centre, Vancouver
Ian B. Hayward — Hayward Sheppard, Vancouver
Morag M.J. MacLeod, QC — Barrister & Solicitor, Vancouver
Claire L. Marchant — Manager, Practice Support and Equity Ombudsperson, Law Society of BC, Vancouver
Dinyar Marzban, QC — Jenkins Marzban Logan LLP, Vancouver
Taryn M. Moore — Pushor Mitchell LLP, Kelowna
Eugene Raponi, QC — Waddell Raponi LLP, Victoria
Michael M. Sinclair — Pihl Law Corporation, Kelowna
Shashika R. Stanislaus — Schuman Basran Robin & Bell, Vancouver
Professor Rollie Thompson, QC — Schulich School of Law, Dalhousie University, Halifax
Eli C. Walker — Aaron Gordon Daykin Nordlinger LLP, Vancouver

Course Materials Contributor
Julia Norman — Pushor Mitchell LLP, Kelowna

Click here for full faculty bios

Thursday, July 8

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

James A.W. Schuman, QC — Schuman Basran Robin & Bell, Vancouver
Jeffrey A. Rose, QC — Jeffrey A. Rose, QC, Vancouver
Nikki L. Charlton — Farris LLP, Vancouver

Nagging Spousal Support Issues (9:10 – 10:00)

• SSAG mid-point is NOT the default
• shared custody: there is a default
• material change: ups and downs
• BCCA appeals update

Professor Rollie Thompson, QC — Schulich School of Law, Dalhousie University, Halifax

BREAK (10:00 – 10:15)

Post-pandemic Evidence Law (10:15 – 11:05)

• are there now, or will there ever be, any "rules of evidence" in family law?
• relevance, hearsay, opinion, judicial notice, privilege?
• testing credibility on Zoom, Teams, and the telephone
• surreptitious recording will never stop

Professor Rollie Thompson, QC — Schulich School of Law, Dalhousie University, Halifax

BREAK (11:05 – 11:20)

Cases You May have Missed While Focussing on Other Things (11:20 – 12:15)

• reported decisions from the SCC, BCCA, and BCSC in 2020 and early 2021 including topics on:
  • retroactive child support
  • parenting coordination
  • medical decisions for children
  • related issues in the areas of trusts and estates 

Jesse L. Desilets — Schuman Basran Robin & Bell, Vancouver
Shashika R. Stanislaus — Schuman Basran Robin & Bell, Vancouver

LUNCH BREAK (12:15 – 12:55)

Discretionary Family Trusts: The Collision of Family Law and Estate Planning (12:55 – 1:45)

• how to advance a claim for an interest in a discretionary family trust, as against the beneficiary-spouse and the trustee
  • framing your client's claim
  • pleadings
  • to add or not to add the trustee as a respondent
  • evidence to gather
• how to defend such a claim if you are acting for the beneficiary
  
  • identification of exclusions and defences
  • pleadings
  • evidence to gather
• tactical and settlement considerations

Paul M. Daykin, QC — Aaron Gordon Daykin Nordlinger LLP, Vancouver
Eli C. Walker — Aaron Gordon Daykin Nordlinger LLP, Vancouver

BREAK (1:45 – 2:00)

Retaining Your Sanity: How & Why to Write a Good Retainer/Engagement Agreement (2:00 – 2:55)

• why you should have a good engagement document
  • your terms
  • your money
  • your reputation
• technical requirements
  
  • LSBC rules
  • Part 8 of the Legal Profession Act, SBC 1998, Ch. 9
  • LIF recommendations
  • s. 4 of the Interest Act, RSC 1985 Ch. I-15
• limited retainer agreements
• non-engagement letters
• useful case law
• appendix—examples of engagement agreements
  
  • litigation
  • limited retainers
  • collaborative
  • mediation
  • mediation/arbitration
  • arbitration
  • parenting coordination

Ian B. Hayward — Hayward Sheppard, Vancouver
Morag M.J. MacLeod, QC — Barrister & Solicitor, Vancouver

BREAK (2:55 – 3:10)

View from the Bench: Teaching Your Client to Swear (3:10 – 4:00)

• sworn financial statements
• difficult client conversations
• post-pandemic family litigation

The Honourable Mr. Justice Jasvinder S. Basran — Supreme Court of BC, Vancouver

Friday, July 9

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

James A.W. Schuman, QC — Schuman Basran Robin & Bell, Vancouver
Jeffrey A. Rose, QC — Jeffrey A. Rose, QC, Vancouver
Nikki L. Charlton — Farris LLP, Vancouver

Arbitration and Mediation/Arbitration: Think Outside the Box (9:10 – 10:05)

• review the new Family Law Arbitration provisions in the FLA
• consider the various creative options available to you
• review the different process choices and rules

Eugene Raponi, QC — Waddell Raponi LLP, Victoria

BREAK (10:05 – 10:20)

Relocation on the Move in the Age of an Amended Divorce Act (10:20 – 11:10)

• changes arising from the amendments to the Divorce Act
• selecting between the Family Law Act and the Divorce Act
• the double-bind question

Taryn M. Moore — Pushor Mitchell LLP, Kelowna
Michael M. Sinclair — Pihl Law Corporation, Kelowna

BREAK (11:10 – 11:25)

From Kids' Mouths to Lawyers' Ears: What Every Lawyer Needs to Tell a Divorcing Parent (11:25 – 12:15)

• use your role (as lawyer) to help parents you work with to achieve a kid-centric divorce by learning effective:
  • kid anxiety-reducers during divorce
  • kid happiness-boosters during divorce
  • parent-child relationship-maximizer during divorce

Dr. Lisa Ferrari, RPsych — Director, Vancouver Psychology Centre, Vancouver

LUNCH BREAK (12:15 – 12:55)

Practice in Provincial Court—The New Family Law Rules Are Here! (12:55 – 1:50)

• objectives of the rules
• review and findings of Early Resolution Process in Surrey & Victoria
• new types of court appearances and forms (where did all the motions go?) 

The Honourable Associate Chief Judge Sue Wishart — Provincial Court of BC, Victoria
The Honourable Judge Kathryn J. Ferriss — Provincial Court of BC, Surrey

BREAK (1:50 – 2:05)

Property Issues Round Up and New Developments (2:05 – 2:55)

• authority to order divisive corporate reorganizations
• interplay between excluded property and s. 95 unequal division
• unequal division and tax considerations

Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver

BREAK (2:55 – 3:10)

Ethics in Daily Practice (3:10 – 4:00)

• accessing, receiving, or collecting documents or data
  • what is the digital equivalent of unopened envelopes? 
  • how to assess reasonable expectation of privacy 
  • what to do if you stumble into privileged communications
• accepting fee payments from a payor in arrears or where a financial restraining order is either contemplated or in force
• the best interests tightrope: when do the means not justify the ends? 

Todd R. Bell — Schuman Basran Robin & Bell, Vancouver
Claire L. Marchant — Manager, Practice Support and Equity Ombudsperson, Law Society of BC, Vancouver
Dinyar Marzban, QC — Jenkins Marzban Logan LLP, Vancouver