Property Under the FLA—Lessons from Alberta, Saskatchewan, and Ontario

Rebroadcasts:
"Last Kick at the Can": Wednesday, December 10, 2014; Time: 9:00 am – 4:00 pm
"Last Kick at the Can": Thursday, December 18, 2014; Time: 9:00 am – 4:00 pm

(Original course: Friday, April 25, 2014)

Who should attend: Lawyers, legal support staff, notaries public, and all others who work in the area of family law; the course may also be of interest to valuators and accountants.

Learning level: All levels

Part 5 of the Family Law Act contains many new terms and concepts in relation to property and debt. There are similarities between the FLA and legislation in other jurisdictions. Our panel of experts includes a justice of the Court of Queen's Bench for Saskatchewan, leading counsel from BC and Alberta, and a prominent valuation expert from Ontario who will discuss the lessons that may be learned from other jurisdictions, where jurisprudence in BC has gone to date, and where it may be headed.

After taking this course you will...

• know the most recent cases and issues
• understand how similar legislation has been interpreted in other jurisdictions
• be up to date on all of the new concepts that relate to property and debt

Check out the companion "Summer Series" rebroadcast course FLA: Guardianship and Parenting—One Year Later which takes place the previous day, Wednesday, July 30, 2014.

Law Society of BC CPD Hours: 6 hours (a minimum of 1 hour will involve aspects of professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
Barbara J. Nelson, QC — Barrister & Solicitor, Vancouver
Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver
Jeffrey A. Rose, QC — Mortimer & Rose, Vancouver

CLEBC Program Lawyer
Nadia Myerthall
nmyerthall@cle.bc.ca

Course Chairs
Barbara J. Nelson, QC — Barrister & Solicitor, Vancouver
Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver
Jeffrey A. Rose, QC — Mortimer & Rose, Vancouver

Faculty
The Honourable Madam Justice Donna Wilson — Court of Queen’s Bench, Saskatoon
The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver
Andrew J. Freedman, CPA, CA-IFA, CBV, ASA — Duff & Phelps Canada Limited, Toronto
Marie L. Gordon, QC — Gordon Zwaenepoel, Edmonton

 

Welcome and Introduction

Barbara J. Nelson, QC — Barrister & Solicitor, Vancouver
Scott L. Booth — Jenkins Marzban Logan LLP, Vancouver
Jeffrey A. Rose, QC — Mortimer & Rose, Vancouver

Review of BC Cases on Property under the FLA

• when are “spouses” entitled to advance property claims under the FLA?
• characterizing family property
• characterizing family debt
• setting aside agreements respecting property division

The Honourable Marion J. Allan — Clark Wilson LLP, Vancouver

Tracing Excluded Property

• what is property “derived from” excluded property?
• what evidence is required?
• ways to lose the exclusion

The Honourable Madam Justice Donna Wilson — Court of Queen’s Bench, Saskatoon
Andrew J. Freedman, CPA, CA-IFA, CBV, ASA — Duff & Phelps Canada Limited, Toronto
Marie L. Gordon, QC — Gordon Zwaenepoel, Edmonton

Networking Break

Significant Unfairness

• when is unfairness significant ?
• how much excluded property can be retained before the division is significantly unfair?
• family debt
• can a spouse be compensated when excluded property is consumed by the family?
• other section 95 factors

The Honourable Madam Justice Donna Wilson — Court of Queen’s Bench, Saskatoon
Marie L. Gordon, QC — Gordon Zwaenepoel, Edmonton

Networking Lunch

Excluded Property Used to Acquire Jointly Registered Property or Property in the Name of the Other Spouse

• presumptions
• gifts
• trusts

The Honourable Madam Justice Donna Wilson — Court of Queen’s Bench, Saskatoon
Marie L. Gordon, QC — Gordon Zwaenepoel, Edmonton

Loss in Value of Excluded Property

• comingled family and excluded property: who bears the loss?
• depreciating property

The Honourable Madam Justice Donna Wilson — Court of Queen’s Bench, Saskatoon
Andrew J. Freedman, CPA, CA-IFA, CBV, ASA — Duff & Phelps Canada Limited, Toronto
Marie L. Gordon, QC — Gordon Zwaenepoel, Edmonton

Networking Break

Tracing Theory from an Accounting Perspective

• including valuation issues under the FLA

Andrew J. Freedman, CPA, CA-IFA, CBV, ASA — Duff & Phelps Canada Limited, Toronto