Submitted by Jennifer Barrett, Chair
Summary of Activities
Number of Meetings Held: 9
September 22, 2011
Members were invited to attend this meeting and have a general discussion about the current Provincial Court Family Law Rules and procedures for the purpose of providing input from our section members in submissions to be made to, and considered by, the Rules Review Committee struck by the Chief Judge of the Provincial Court. The comments summarized from this meeting were to be further discussed in the October 4th, 2011 meeting.
October 4, 2011
Guest Speaker: The Honourable Judge A. Brooks, Administrative Judge, Provincial Court of British Columbia
An open discussion, with the Honourable Judge Brooks, about the real issues impacting the workings of the Provincial Courts. The general comments raised by members in the October 4th, 2011 meeting were shared with Judge Brooks and discussed.
October 19, 2011
Guest Speakers: Elise Schopper-Brigel and Michael Lomax
This was a joint meeting of the Alternative Dispute Resolution Section, the Family Law Section and the Women Lawyers Forum Section. The meeting was held as a roundtable discussion about high conflict personalities, including high conflict lawyers. After presentations by Michael Lomax (lawyer, mediator and affiliate speaker with the High Conflict Institute in San Diego, California), the members attending broke into smaller groups and engaged in discussions to resolve hypothetical high conflict situations.
November 14, 2011
Guest Speakers: Kathryn Berge Q.C. and Richard Stewart Q.C.
Victoria's two Benchers of the Law Society, Kathryn Berge Q.C. and Richard Stewart Q.C. discussed the "Best Practice Guidelines for Lawyers Practicing Family Law" and described how this document came about. Kathryn and Richard shared the presentation and members attending were encouraged to share their own thoughts or questions on the topic and the guidelines. A very active and engaging discussion took place among those attending.
January 17, 2012
Guest Speaker: Ryan Green, Dwyer Tax Lawyers
Ryan presented on tax issues that may arise in family law matters. In his presentation, Ryan touched on tax implications arising in the drafting of separation agreements and notably, when there is child or spousal support payable, transfers of property, disposition of property, to name a few. He recommended that accountants or lawyers specializing in tax law consulted in certain circumstances. Although there are several areas where tax implications arise which are well known to family law lawyers (for example, periodic spousal support), Ryan did raise our awareness of other areas of potential tax implications that, as family lawyers, we may not initially recognize.
February 23, 2012
Guest Panel: Kathryn Berge, Q.C., Eugene Raponi, Q.C., Trudi Brown, Q.C., Nancy Carter, Executive Director, Civil Policy and Legislation Office (Justice Services Branch), Ministry of Attorney General, and Darryl Hrenyk, Legal Counsel, Civil Policy and Legislation Office (Justice Services Branch), Ministry of Attorney General
Our guest panel was comprised of some of the members of the Family Law Advisory Group. Our guests presented on the new Family Law Act, and each panel member presented on a different section of the new legislation. Areas covered were the general principles of the new legislation, encouraging cooperative resolution of disputes, the elimination of the terms 'custody' and 'access' and new terminology describing 'parenting time' and 'guardianship', relocation or mobility, property, support, and transition provisions of the new Act. There was limited time for questions given the extensive material covered in this presentation.
April 18, 2012
Guest Speaker: Penny Lipsack, Barrister and Solicitor, Legal Services Branch, Ministry of Justice
Ms. Lipsack is the Central Authority for the Hague Convention of the Civil Aspects of International Child Abduction. Ms. Lipsack described what "Hague Conventions" are and described that their intent is to respond to issues arising internationally and to provide certainty and predictability. There are conventions which deal with many different areas and child abduction is simply one area. She noted that not all countries are 'contracting states' to a convention and therefore, may not be bound by it. Ms. Lipsack focused her presentation on practical issues rather than case law. Ms. Lipsack provided very helpful information to family law lawyers dealing with situations where children have been removed from our jurisdiction wrongly, or have been withheld, and not returned, when required, and explained when the 'Hague Convention" dealing with international child abduction may apply.
May 22, 2012
Guest Speaker: Joanne Platt, counsel with the Family Maintenance Enforcement Plan
Ms. Platt was joined by her colleague, Alan Leslie, as well as Angela Accettua, FMEP Director of Legal Services. Our guest speakers explained the practical limitations of the FMEP in enforcing certain orders, or separation agreements. The ability of FMEP to enforce orders or agreements is impacted by the drafting of the order or agreement. Ms. Platt provided to the group examples of unenforceable clauses and as well as enforceable clauses. Ms. Platt encouraged those drafting agreements or orders to do so with clarity and certainty; for instance, fixed amounts of payments are the most easily enforced. Percentages of expenses, or third party payments are difficult if not impossible to enforce. Those members attending were provided helpful information and great insight into the actual enforcement of certain provisions relating to support and extraordinary / special expenses which have been widely used by counsel. Counsel are encouraged to "define carefully what is intended" when drafted provisions in court orders or agreements. We were encouraged to examine those provisions which we have had used in the past and have had been difficult, if not impossible, to enforce when required. The secret is to build in clarity and certainty, and, if required, define consequences for non-payment as well.
June 19, 2012
Guest Speaker: Michael Magone, Deputy District Registrar, Victoria Court Registry
Mr. Magone requested the opportunity to meet with the family law bar, and their administrative assistants, to discuss the process required to obtain desk order divorces. Mr. Magone, and registry staff, had observed that many, if not most, desk order divorces submitted for processing, are rejected, at least once, prior to being processed. This practice builds in delays in obtaining an uncontested divorce order. Mr. Magone spoke with us and explained how "to do it right the first time". Mr. Magone went through the process in detail, and what information was required, to enable the documents to be processed by the registry. Mr. Magone encouraged and welcomed questions from lawyers and administrative assistants and he shared examples that he has seen of areas of concern as well. The information provided by Mr. Magone, and other court registry staff attending, together with answering questions from those attending, was extremely helpful and clarified the process. Mr. Magone further explained that the registry is attempting to make more 'transparent' the timelines involved in processing desk order divorces and those attempts were recognized by the lawyers attending the meeting. Mr. Magone, and those attending with him from court services, were sincerely thanked for their time and effort in providing valuable and clear information about this process and the status of the registry's abilities to process such applications in a timely and efficient manner.
June 19, 2012
Annual General Meeting and election of new executive for 2012 - 2013.
Reports and Resolutions
The Victoria Family Law Section held meetings in the fall of 2011 to discuss and provide input to be considered by the Rules Review Committee which was reviewing the Rules and procedures of the Provincial Court of British Columbia. The comments of the section were forwarded for consideration by the Provincial Family Law Section in its submission to the Committee.
As chair of the Victoria Family Law Section, I wrote a letter of support to the Law Foundation, for a request for funding submitted by the University of Victoria, Faculty of Law for the position of 'Family Law Practitioner in Residence'. I have recently learned that this request was approved by the Law Foundation.
Comments and Observations of the Chair
I have truly enjoyed my position as chair of the Victoria Family Law Section.
We are fortunate in having an executive which works well together which allows lots to happen.
We have tried to offer guest speakers at our meetings who are able to provide information on a variety of different topics in order to attract as much interest in meetings as possible. We are fortunate, as well, in having many well-respected practitioners who are very willing to come out and share their expertise with the sections.
The meeting that we hosted on the new Family Law Act in February, 2012, was quite well attended. We had several members of the Family Law Advisory Group who made up our guest panel; again, we were very fortunate to have those speakers available to us. We were able to obtain extremely good information about the new legislation and hear, from senior practitioners, their views on the new legislation and how it may impact practice.
Those CBA members who have attended meetings have been provided with helpful and practical information, such as the meeting about FMEP and difficulties around the enforcement of orders or separation agreements and the meeting about desk order divorces. We try to provide practical and helpful information that is applicable to the practitioners in the area. By doing so, we try to make the information relevant to their day to day practice. The meetings are accessible and affordable as well.
By attending section meetings, lawyers also learn who their colleagues are, and get to know them in a setting outside of normal practice.
For those reasons, I would encourage anyone to join the CBA and the various sections relevant to their practice.