Annual Report 2016/2017

  • August 16, 2017

Submitted by CBABC Sections

Summary of Meetings

Number of Meetings Held: 7

October 25, 2016
Guest Speaker: Jeffrey Rose, Counsel On The Recent British Columbia Court of Appeal Decision, V.J.F. v. S.K.W.
Meeting Title/Topic: Excluded Property under the Family Law Act: The Implications of V.J.F. v. S.K.W.
Synopsis: During this meeting the issue of excluded property pursuant to section 85 of the Family Law Act was discussed in light of the recent British Columbia Court of Appeal decision, V.J.F. v. S.K.W. Jeffrey Rose Q.C. who was lead counsel for the claimant both at trial and on the Appeal for V.J.F vs S.K.W. 2016BCCA 186 and 2016 BCSC 593 kindly agreed to attend as a guest of the section to discuss the impact of this decision on the current application of s. 85 of the FLA with respect to excluded property; an issue which is causing much consternation amongst Family Law practitioners.

December 5, 2016
Guest Speaker: The Honourable Master Caldwell from the British Columbia Supreme Court
Meeting Title/Topic: Practical Tips for Applications under the Family Law Act
Synopsis: The discussion topics of the meeting were as follows:
1. Obtaining interim orders for guardianship;
2. Obtaining the interim declaration of a “spouse”;
3. under the Family Law Act;
4. Obtaining interim orders for the release of funds to assist in the litigation, including from property claimed as an excluded asset under Sections 88 and 89 of the Family Law Act;
5. Obtaining protection orders and orders for removal of protection orders and removal of CPLs;
6. Obtaining orders for Section 211 Reports and Views of the Child Reports including the terms of the Order, payment for the report, referrals to counselling and other terms and conditions;
7. Obtaining orders restraining the relocation of the Children and restraining a change of schools pertaining to the Children; and
8. Obtaining orders for production of documents under Supreme Court Family Rule 9.

January 17, 2017
Guest Speaker: Phil Ross - Partner with Grant Thornton LLP and a Member of the Tax Team
Meeting Title/Topic: Family Law and Tax: What You Need To Know
Synopsis: The topics of the meeting were:
What portion of legal fees incurred in obtaining support orders (child or spousal) are tax deductible (line 221 & 232, Form T1);
How do tax deductions work for parents who do not have primary residence, or in the case of shared parenting, or more particularly with respect to payment of section 7 expenses in the Child Support Guidelines;
Can parents claim some of the new child tax benefit based on parenting time ie: less than shared –or- 50/50 –or- 25%;
With respect to business valuations, what are the tax consequences of a court ordered determination that one spouse is entitled to receive a specific portion of the total shareholding, and the other spouse in a closely held private corporation;
The importance of understanding and ascertaining value of assets at the time of splitting – various assets attract either no tax or are tax deferred or have current tax considerations;
Tax attributes of operating companies;
Treatment of shareholders loans; and
Section 18 Guideline income opinions.

February 23, 2017
Guest Speaker: Kiu Ghanavischian - Chartered Professional Accountant and Business Valuator of Blair Mackay Mynett Valuations Inc.
Meeting Title/Topic: Valuating Businesses - A Family Law Perspective
Synopsis: How to valuate a company, and tips for challenging the conclusisions and assumptions in business valuation reports.

March 28, 2017
Guest Speaker: The Honourable Mr. Justice Jenkings - The British Columbia Supreme Court
Meeting Title/Topic: Effective Conduct in Court: A View From The Bench
Synopsis: The Honourable Mr. Justice Jenkins discussed the following:
1. The attitude of the Bench towards unrepresented litigants;
2. The expectation of the Bench with regard to the conduct of counsel appearing on matters where the opposition is a self-represented litigant;
3. The expectation of the Bench with respect to the conduct of counsel in both interim applications and trials, whether summary or lengthy; and
4. An update regarding procedures in Chambers where counsel are present on both sides.

April 26, 2017
Guest Speaker: The Honourable Brice I. Cohen, Supreme Court of British Columbia
Meeting Title/Topic: Chambers and Trial Practice: A View From the Bench
Synopsis: The legal profession as a whole, and more particularly, the Family Bar, is facing dramatic developments which will substantially affect practice over the next few years. We have to understand and accept the evolving principles of "access to justice" and "self reps". As such, the topics discussed with the former Supreme Court Justice Bruce Cohen at this meeting included:
Chambers and trial practice and access to justice (in very general terms).
The importance of continued communication between the profession and the Bench and methods by which this could best be facilitated.
The formal conduits for complaints by the Bench regarding the conduct of practitioners, or complaints by practitioners regarding treatment by a particular member of the Bench.
Whither goest the future of the profession?
Whither goest the future of the Bench?

June 13, 2017
Guest Speakers: The Honourable Master Peter Keighley - Supreme Court of British Columbia, Tanya Dixon - Manager, Supreme Court Scheduling, Chilliwack Law Courts, Judy Lunde - Chilliwack Registry, and Marian Moore, Managerm Court Administration, Chilliwack Law Courts
Meeting Title/Topic: Practice and Procedure: Comments from the Registry
Synopsis: The below topics were discussed:
What is the prognosis for establishment of an Abbotsford Supreme Court, will it include a registry and a deputy registrar and resident judge?
Can we rationalize the filing times between Vancouver and the Valley for trial briefs - i.e. 29 days prior for Vancouver Civil and 8 days for Family vs. 30 days for New Westminster Civil and 9 days for Family?
Can we establish a line of communication to facilitate resolution of problems that arise in interpretation of the Supreme Court Family Registry for contents of pleadings and filing of documents?
What is the rationale for requiring affidavit confirmation of terms of settlement in a Final Consent Order under the Family Law Act (in particular: a child support fact sheet)?
Practice direction regarding Affidavit of Service with exhibits or statement of documents served?
What is the best way to approach or contact a Judge with regards to clarification of a judgement without having to return before the Judge?
What procedure to use with a teleconference for a Trial Management Conference or Consent Order and use of video for chambers applications.

Comments and Observations of the Chair