Submitted by Section Chair, Jennifer Barrett
Summary of Meetings
Number of Meetings Held: 5
October 4, 2012
Guest Speaker: Beatrice McCutcheon, Cook Roberts LLP and Darryl Hrenyk, Civil Policy and Legislation Branch, Ministry of Justice
Synopsis: Discussions concerning Cohabitation and Marriage Agreements and how to transition to the new Family Law Act ("FLA"). Discussions centred around the repeal of s. 120.1 of the Family Relations Act, ("FRA") the validity of agreements made under the FRA once the FLA comes into force, varying agreements which were made under the FRA once the FLA is effective, and the meaning of "significant unfairness." Handouts available.
October 24, 2012
Guest Speaker: Eugene Raponi, Q.C.
Synopsis: Joint Meeting with Young Lawyers - Lower Mainland Section. Mr. Raponi presented on the various types of 'alternative dispute resolution' available under the Family Law Act.
January 30, 2013
Guest Speaker: Crystal Buchan and Julie Donati of Carr Buchan & Co., Elaine Davies, Elaine M. Davies Law
Synopsis: Drafting Orders and Agreements in anticipation of the Family Law Act ("FLA"). Given the new language under the FLA (to be in force in March, 2013), the presenters encouraged lawyers to begin drafting orders using the new language in an effort to assist in transitioning into the new FLA. Proposed terms of Orders in Provincial Court were provided in handouts.
May 29, 2013
Guest Speaker: Crystal Buchan, Carr Buchan & Co, Wendy Bernt, Pearlman, Lindholm, Debbie Granger, Crown Counsel and Jeff Johnston, Jeffrey B. Johnston Law Corporation
Synopsis: Great discussion around the new Protection Orders under the Family Law Act and the new requirement that such orders are to be enforced within the criminal justice system. Specifically, the wording of Protection Orders and service of Protection Orders were identified as concerning areas. Wording must be 'enforceable' and service on the subject of the order must be able to establish. Protection Orders in the child protection realm will not likely change. Now private civil orders are required to be enforced in a criminal setting and to the criminal standard of proof: it has described as the "criminalization of what had been private litigation. Work needs to be done by the family lawyers to ensure wording in Protection Orders are specific and clear enough to be enforceable and there is proof available to police and the Crown that the PO has been brought to the attention of the person against whom the order has been made (service is confirmed).
June 26, 2013
Guest Speaker: N/A
Synopsis: AGM: New Executive Elected. After the AGM, a social gathering was held and attended by members of the family bar, members of the Supreme and Provincial Judiciary, members of the Trial Co-ordinators' Office, the Judicial Case Mangers' Office and the Victoria Registry.
Comments and Observations of the Chair
Due to the several courses relating to the new Family Law Act and the requirements of practitioners to upgrade qualifications for family mediation and arbitration, together with lawyers attending training on family violence, there was little additional time to organize or attend Section meetings.