Agenda - October 10th, 2018

9:00

Welcome and Introduction by PBLI

9:05

Chair's Welcome and Introduction

 

Beatrice McCutcheon

Cook Roberts LLP

 

9:10

Has the Family Law Act Changed the Way we Practice Law?

 

Beatrice McCutcheon

Cook Roberts LLP

 

Suzanne Williams

Brown Henderson Melbye

 

9:50

Questions and Discussion

10:00

Refreshment Adjournment

10:15

Key Developments in Parenting

 

Suzanne Williams

Brown Henderson Melbye

 

 

Alicia Hubbard

 

The Child and Youth Legal Centre

 

 

  • A sketch of the Legislative framework including proposed Divorce Act changes
  • Parenting myths and realities: Co-parenting, parenting rights, presumption of equal parenting
  • Best interests of the child in law and practice: It is possible!
  • The latest views of Supreme Court of Canada on habitual residence and the Hague Convention: Office of the Children's Lawyer v. Balev
  • Tuning up the Toolbox: Resources, experts and more

 

  10:55

Questions and Discussion

  11:05

Key Developments in Child Spousal Support

 

David Dundee

Paul & Company

 

  • Some recent cases on "spouse" and "parent"
  • Gill-Sager revisited
  • Blameworthy conduct and retroactivity
  • Reviewing reviews
  • Death and support
  • CRA me a river

 

  11:50

Questions and Discussion

  12:00

Networking Lunch

   1:00

Key Developments in Property Division

 

Scott Booth

Jenkins Marzban Logan LLP

 

  • Difficult valuation issues
  • Exclusions

        - Transfer to join tenancy

        - Presumptions of advancement and resulting trust

  • When does an interest become property? Inheritances and other trust interests
  • Family Debt:

        - Tax and other latent liabilities

        - Post-separation changes in debt

 

   1:45

Questions and Discussion

   1:55

Key Developments in Pension Division
 

Colin Galinski

Galinski Law

 

  • Spouse's right to survivor benefits: Tarr Estate v. Tarr
  • Federal pension plan administrative developments
  • Target Benefit Plans - new to BC
  • Growing importance of independent financial advice
  • Practice Tips and Traps

 

   2:35

Questions and Discussion

   2:45

Refreshment Adjournment

   3:00 Key Tax Developments Related to Family Law
 

J. Andre Rachert

Cook Roberts LLP

 

  • Creating interest deductibility for loans in a diversion of business assets: The application of paragraph 20(1)(c) of the Income Tax Act
  • Pre-emptive measures to address CRA audits re-characterizing spousal support as a capital payment (and vice versa)
  • Explaining an estate freeze in 200 words or less: How does section 84 of the Family Law Act apply to a freeze?
  • A checklist of criteria for determining whether payments are income to the recipient: The application of subsection 56(1)(b) of the Income Tax Act
  • Classification of assets: Taxable, non-taxable, and who knows?

 

3:40 Questions and Discussion
3:50 Key Developments in Dispute Resolution
 

Anna Silver

Hamilton Fabbro Lawyers

 

Meghan Selinger

Hamilton Fabbro Lawyers

 

  • Dispute Resolution Toolkit
  • How to establish an out of court practice
  • Practical aspects of arbitration
  • Involving and removing PC's
  • Facts/Figures
  • Managing an informal process
  • Relevant Case Law

 

4:30 Questions and Discussion
4:40 Chair's Closing Remarks
4:45 Program Concludes