Family Law - Nanaimo
Submitted by Section Vice-Chair, Laura Allen
Summary of Meetings
Number of Meetings Held: 6
September 3, 2013
Guest Speaker: Registrar Kathryn S. Sainty
Meeting Title/Topic: Costs Demystified - How to Best Present a Bill of Costs under both the Civil and Family Rules
Synopsis: Party & Party Costs (civil and family)
• Special Costs
• General Principles - What Registrar must consider
• Basics for all costs applications: Hearing Record!
• Other considerations - pre-hearing conference, particulars, notice of contested items, reasons for judgment, invoices for disputed disbursements, draft certificate
• Review your file and be prepared to justify!
• Procedure/evidence - affidavits/viva voce
• Scale of costs
• Time estimates
• Counsel as witness - confidentiality/solicitor client privilege
• Disbursements - types
• Basic rules
• Specific tariff items (1, 2 and 3 “catch all”), (10 and 11 “documents”)
• Review of relevant Supreme Court Family Rules:
i. Rule 16-1
ii. Forms
iii. Service
iv. Default - Ordinary difficulty
v. Fixed amounts
vi. Preparation
• Also consider: settlement, offers to settle
• Practice Resources: white book, www.courts.gov.bc.ca, and practice before a Registrar.
November 13, 2013
Guest Speaker: The Honourable Judge Brooks, Provincial Court of BC
Meeting Title/Topic: A Discussion of the New Monday Family Remand Court Procedure
Synopsis: The Honourable Judge Brooks attended to speak on the new provincial court family remand procedures currently in place in Nanaimo.
• He provided the background as to why the procedures were first put in place in Victoria, which included alleviating clerk frustration, reducing wasted court time, and improving the public perception of the justice system.
• There was an open discussion among members of the bar about ways to improve the overall family remand system, and topics such as changing the day of the week, changing the time of CFCSA matters, assigning a single judge and requirements for parenting after separation were discussed.
• Ethical issues were discussed with the new system, including what information was required for the new form used to set trial dates.
• The Honourable Judge Brooks and members of the bar discussed the push to mediation under the Family Law Act, and how that interacted with the current use of Family Case Conferences and the overall court system.
February 20, 2014
Guest Speaker: Doug Runchey, DR Pension Consulting
Meeting Title/Topic: Canadian Pension Plan Credit Splitting
Synopsis: This meeting was a joint Section meeting hosted by all the Family Law Sections. Doug Runchey, of DR Pension Consulting presented on the government CPP splitting regime and proposed alternative options for separated or divorced couples.
Doug Runchy, of DR Pensions Consulting provided information on DUPE; the "division of unadjusted pensionable earnings." He reviewed the history of DUPE, including various legislative and policy changes over the past 30-40 years. He recommended the paper "Credit Splitting: A Guide for the Legal Profession", which can be obtained from: http://www.esdc.gc.ca/eng/retirement/cpp/credit_splitting.shtml.
He explained and provided examples of how the Child Rearing Provisions (CRP) can interact with DUPE and create a situation where separated parties collectively receive less CPP income in their retirement, than had they elected to not apply to divide their credits and instead each received their own and divided between them themselves. Mr. Runchey described his services and how he is able to calculate what would be most profitable for a separating couple to do. Mr. Runchey also explained some of the potential legislative solutions.
February 27, 2014
Guest Speakers: Michelle Greves & Kelly Raine
Meeting Title/Topic: Working with Social Workers and the Ministry of Children and Family Development
Synopsis: Michelle Greves, counsel for the director, and team leader and social worker, Kelly Raine, from the Ministry of Children and Family Development attended the meeting to discuss the Child Family & Community Service Act and the Ministry’s policies and procedures.
Kelly Raine discussed the three stages of a ministry file, including Intake, Investigation and Family Services. Information was provided on assessment tools, reports, different social worker teams, enforcement and alternatives to court orders.
March 20, 2014
Guest Speaker: Jan Fontaine and the Justice Access Centre Staff
Meeting Title/Topic: You Don't Know JAC
May 27, 2014
Guest Speaker: Joel Hughes, Edgewood Treatment Centre
Meeting Title/Topic: Mental Health and Addiction Services
Synopsis:
• Private fee for Service Centre
• In business 20 years
• Work with adults 19+
• Seeing fewer straight alcoholics and more and more marijuana users
• Typical program is 8 weeks with 3 months of extended care (if necessary)
• Extensive after care programs offered and some outpatient programs
• Free consultations
• Assessments follow
• Offices in Toronto and Seattle
• Tech principles of the 12 step program but not affiliated with AA, endorse their meetings
• There are waitlists at times but usually fairly quick
• Cost: $20,000 for 8 weeks (in-patient), 3 month residential extended care or phase 3 housing (outpatient services)
• Ideal progress in 8 weeks includes: admit problem (awareness), get over guilt/shame, take responsibility, create follow up plan, and participate in yearlong after care
• Hurdle to avoid relapse: rituals
• Address alcoholism, drug abuse as well as gambling, sex addiction and shopping addictions • Have psychiatrists on staff
• See a lot of mental health and addiction overlap
Comments and Observations of the Vice-Chair
We had some great meetings, which the members reported that they found value in. Our membership however, has remained low with many local senior counsels not joining. It would be helpful to have assistance in bringing over speakers from Vancouver to attract more senior counsel to the meetings. Of course having senior counsel at the meetings would provide a wonderful mentorship opportunity. Overall it was a successful year, and we were very pleased with the speakers who were kind enough to volunteer and the level of engagement from the members who attended.