August 2016 Section Update

  • August 01, 2016

Family Law Vancouver

Meeting in Review: May 12, 2016
Speakers: Lisa J. Hamilton, Hamilton Fabbro, Jeffrey A. Rose, QC, Mortimer & Rose and Scott Booth, Jenkins Marzban Logan LLP
Topic: A discussion of the recent Court of Appeal decision in V. J. F. v S.K.W., 2016 BCCA 186, and the impact on property division under the FLA

This meeting was a discussion by counsel for both parties in the matter of V.J.F. v S.K.W., 2016 BCCA 186, Lisa Hamilton and Jeff Rose, QC, moderated by Scott Booth, on the impact of this decision on property division under the Family Law Act (“FLA”).

The main question addressed by the speakers was whether and to what extent intention matters in characterizing excluded property.

The balance of the discussion addressed the fact that the Court of Appeal has now confirmed that it is possible to lose your exclusion in a division of property pursuant to the FLA. There was discussion and debate as to what extent property placed in joint names or a spouse’s sole name during a relationship might be considered to have lost the characterization of “excluded” and what counsel should consider in drafting pleadings going forward to address this.

Natural Resources Law
Meeting in Review:
May 19, 2016
Speaker: Mark S. Oulton, Hunter Litigation Chambers
Topic: Best Practices in Preparing your Client for an Opportunity to be Heard

On May 19, 2016, Mark Oulton of Hunter Litigation Chambers gave a presentation to the Natural Resources Law Section on “Best Practices in Preparing your Client for an Opportunity to be Heard.” Mark engaged the group in a relatively informal discussion regarding the nature and function of the “opportunity to be heard” process under British Columbia’s forestry regime. Mark used anecdotes and examples from his practice to illustrate some of the challenges and opportunities presented by this somewhat unusual process which serves an important enforcement function in British Columbia’s forests. Mark also discussed why your client should participate in the process, the various roles and functions of counsel throughout and how best to manage the client and their expectations as they navigate the process, including how to best position your client for any potential appeal.

Elder Law
Meeting in Review: June 22, 2016
Speakers: Josh Paterson, Executive Director, BC Civil Liberties Association; Kimberly J. Jakeman, Harper Grey LLP; and Emily L. Clough, Alexander Holburn Beaudin & Lang LLP
Topic: Assisted Dying – New Legislation

On June 22, 2016, more than 80 participants attended either in person or online for a session on Medical Assistance in Dying (“MAID”) hosted by the Elder Law Section.

The lively and informative panel discussion was moderated by Katherine Reilly of McMillan LLP, and featured three panelists: Kim Jakeman of Harper Grey LLP; Josh Paterson, Executive Director of the BC Civil Liberties Association; and Emily Clough of Alexander, Holburn, Beaudin & Lang LLP.

Much of the discussion centred on the panelists’ critiques of the federal government’s Bill C-14, which had been passed into law only days earlier. Concerns about the constitutionality of the new legislation were expressed – in particular, regarding the limitations and restrictions imported into the test for accessing MAID that were not found in the SCC’s enunciation of the eligibility requirements in the Carter v Canada decision.

Ms. Jakeman is Chair of the CBA’s National End of Life Working Group, and testified before the Senate Standing Committee on Legal and Constitutional Affairs regarding Bill C-14. She spoke about the CBA’s position and the arguments made to Senate on suggested amendments to the Bill. Mr. Paterson likewise testified before the Senate Standing Committee, and provided his insights into the issues from his unique perspective as Executive Director of the institutional plaintiff from the Carter case. Ms. Clough gave some thought-provoking and useful comments on issues that practitioners can expect to face when attempting to apply the new legislation. All agreed that the court’s interpretation of the legislation will be helpful to shed some light on the practical operation of the new law.

Charities and Not-for-Profit Law
Meeting in Review:
June 23, 2016
Speakers: Kate Bake-Paterson, DLA Piper (Canada) LLP; Michael Blatchford, Bull, Housser & Tupper LLP; and Sarah Fitzpatrick, Miller Thomson LLP, Martha Rans Topic: Select Topics on the New Societies Act

 On June 23, 2016, Martha Rans and Sarah Fitzpatrick compared the model bylaws in the new Societies Act (the “Act”) against the previous model bylaws under prior legislation.  The general consensus was that the new model bylaws may lead many societies who blindly adopt them to run into problems.

Kate Bake-Paterson next presented on Member Funded Societies under the Act. There was much discussion on the complex procedure for determining whether a society can be member funded; how to become member funded, both before and after transition; and disclosure requirements.

Michael Blatchford next briefly presented on the topic of director qualifications and liabilities under the Act, before the meeting was adjourned due to time considerations. Michael also shared correspondence received from the BC Corporate Registry confirming the administrative process in development to transition pre-existing societies under the new Societies Act, a copy of which is posted on the Section’s web page.

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For CBABC members, more detailed information and available minutes from the Section meetings are online at cbabc.org under CBABC Sections & Forums.

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