Agenda - October 10th, 2018


Welcome and Introduction by PBLI


Chair's Welcome and Introduction


Beatrice McCutcheon

Cook Roberts LLP



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


Beatrice McCutcheon

Cook Roberts LLP


Suzanne Williams

Brown Henderson Melbye



Questions and Discussion


Refreshment Adjournment


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



Questions and Discussion


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



Questions and Discussion


Networking Lunch


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



Questions and Discussion


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



Questions and Discussion


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