Agenda - October 6th, 2016


Welcome and Introduction by PBLI


Chair's Welcome and Introduction


Lisa Hamilton

Hamilton Fabbro Lawyers



"What is this thing called love?" - Spousal Status Under the Family Law Act


Betrice C. McCutcheon

Cook Roberts LLP

Kerry L. Simmons, Q.C.

Cook Roberts LLP


  • What is a spouse under the Family Law Act?
  • What qualifies as separation under the Family Law Act?
  • What can we learn from estate law cases?
  • Tips for documenting beginnings and endings 



Questions and Discussion


Refreshment Adjournment


Transfers and Joint Property Ownership under Wills, Estates & Succession Act and the Family Law Act


Lauren Blake
DLA Piper (Canada) LLP

Emma Ferguson
DLA Piper (Canada) LLP

Mark Slay
North Shore Law LLP


  • Common law and equitable principles and their co-existence with the FLA and WESA after V.J.F. v. S.K.W. 2016 BCCA 186
  • The legal consequences of owning an asset as a joint tenant including

       -Current control and legal/beneficial ownership

       -Family law consequences on separation

       -Estate planning and consequences on death

  • The presumption of advancement
  • Gift law and the "gift of a gift"
  • Concepts of tracing, "following," and the meaning of "property derived from" under the Family Law Act



Questions and Discussion


Networking Lunch


Trusts and the Family Law Act


Amy L. Chapman-Fluker

Aaron Gordon Daykin Nordlinger LLP

Eli C. Walker

Aaron Gordon Daykin Nordlinger LLP


  • The effect of the Family Law Act on common trusts: 

      -Estate freeze

      -Alter Ego trusts

      -Principal residence trusts

  • Tips for attacking trusts and estate freezes under the Family Law Act
  • Tips for limiting the effect of the Family Law Act on common trusts



Questions and Discussion


Refreshment Adjournment


Evidentiary Issues: Documents and Disclosure

Meghan J. Selinger

Hamilton Fabbro Lawyers

  • Making and responding to applications for disclosure
  • Disclosure of trust, estate, and corporate documents in family law cases
  • Essential documents to seek - and your chances of success
  • Sample confidentiality agreement and court order for third-party or sensitive documents



Questions and Discussion


Faculty Roundtable - Practical Advice for Family and Estate Practitioners


Moderator: Lisa Hamilton
Hamilton Fabbro Lawyers



Chairs' Closing Remarks

4:30 Program Concludes