New and Notable - Family Law

CLE Practice Points: Ethical Issues for Legal Support Staff in Family Law

Courthouse Libraries of BC — Fri, 25 May 2012 17:10:00 GMT

In this paper written for the recent CLEBC course Family Law Basics for Legal Support Staff 2012, author Edna M. Ritchie focuses on a few areas where ethical issues arise in a family practice.

The full collection of course materials is available in print at the library.

Organizing in the Family Law Community

Courthouse Libraries of BC — Thu, 24 May 2012 18:20:00 GMT

John-Paul Boyd's BC Family Law Blog comments on the effects the new Family Law Act has had on the family law community:

"The new Family Law Act has spurred somewhat of movement toward organization among the family law community. In some cases, like that of the BC Hear the Child Society, existing groups have been prodded into action, and in others, like those of the BC Collaborative Roster Society and the yet-to-be-named family law arbitrators association, new groups are organizing themselves from scratch."

CBABC Responds to BCSC Ruling on Civil Court Fees

Courthouse Libraries of BC — Thu, 24 May 2012 17:35:00 GMT

The Canadian Bar Association BC Branch released comments on a May 22, 2012 Supreme Court of BC decision that ruled civil hearing fees unconstitutional (see this previous news item by Courthouse Libraries BC). The media release explains the CBABC's involvement in the case and states:

"The CBABC views the decision in Vilardell v. Dunham as a welcome confirmation of the right of everyone to equal access to justice. Mr. Justice McEwan has declared hearing fees unconstitutional and in so doing found that the fees, which escalate to over $600 per day, are an impediment to the courts for all but those who are well to do ... . In the current context of justice reform, the decision is a comprehensive and compelling review of the legal principles that direct how government and the courts must interact to fulfill their constitutional responsibilities.”

You can read the Reasons for Judgement here.

Popular law blog SLAW has summarized the Reasons for Judgement and published selections here.

Landmark BC Ruling in Vilardell v. Dunham Finds Hearing Fees Unconstitutional

Courthouse Libraries of BC — Wed, 23 May 2012 07:00:00 GMT

Yesterday, May 22, 2012, Mr. Justice McEwan of the BC Supreme Court handed down a lengthy, 432 paragraph decision concluding that the hearing fees in the 2009 family law trial of Vilardell v. Durham,, in particular paragraph 14 of Appendix C Schedule 1, as they were under the former Supreme Court Rules, are unconstitutional.
A copy of Mr. Justice McEwan's decision was made available through Erik Magraken's blog, and is also available here.
The judgement has caught the attention of media, including Ian Mulgrew of the Vancouver Sun, for its strong criticism of the provincial government's approach to legal funding.
The case is unique for the fact that other major legal organizations in the province took an intervenor role in the proceeding hoping to influence the outcome of the application by the plaintiff, herself represented by the head of Access Pro Bono BC, Jamie MacLaren, to challenge the constitutionality of the hearing fees. The BC branch of the Canadian Bar Association, represented by the current BC branch president Sharron Matthews, and the Trial Lawyers Association of BC, represented by Darrell Roberts QC, intervened and took a position on side with the plaintiff. The Attorney General of British Columbia was invited as an intervenor, and was also represented in the application.

Ministry of Justice Creates New Resources for Family Law Act

Courthouse Libraries of BC — Thu, 17 May 2012 21:09:00 GMT

John-Paul Boyd's Family Law Resource Blog points us to some new resource materials created by the Ministry of Justice for the new Family Law Act, accessible at www.ag.gov.bc.ca/legislation/family-law/index.htm

Boyd gives a partial breakdown of the contents on his blog, noting that the material include a table of concordance between the new Family Law Act and the old Family Relations Act, and questioning if and how the documents will be used to interpret the new legislation in court.

Attorney General has announced that the Notice to Mediate (Family) Regulation will now be in effect throughout British Columbia

Courthouse Libraries of BC — Tue, 08 May 2012 16:40:00 GMT

Section 2 of the Notice to Mediate (Family) Regulation has been amended by striking out specific registry locations and substituting it with "This regulation applies to family law proceedings."

The regulation requires parties involved in B.C. Supreme Court family disputes to attend at least one mediation session if anyone involved in the dispute requests it.

See the Ministry of Justice News Release for more information.

New Family Practice Direction (Divorce Applications)

Courthouse Libraries of BC — Wed, 25 Apr 2012 17:46:00 GMT

Chief Justice Bauman has issued FPD-8 - Divorce Applications pursuant to which masters have jurisdiction to conduct trial management conferences. FPD-8 is issued to coincide with the coming into force of amendments to the Supreme Court Rules which amend certain forms. With the issuance of this practice direction, FPD-3 - Divorce Applications is rescinded. FPD-8 - Divorce Applications takes effect on April 25, 2012.

Family Law Resource website updates BCSC Court Forms

Courthouse Libraries of BC — Mon, 23 Apr 2012 17:00:00 GMT

JP Boyd has updated his Family Law Resource website to include templates for the revised Supreme Court court forms which will come into effect on 25 April 2012. Please see his BC Family Law Resource Blog for more information.

CLE Practice Points: Remarks on Correspondence, Collegiality, and Courtesy

Courthouse Libraries of BC — Thu, 12 Apr 2012 20:53:00 GMT

CLE's Practice Points have published "Remarks on Correspondence, Collegiality, and Courtesy" by James A.W. Schuman, QC, of Schuman Daltrop Basran & Robin, Vancouver, BC and John-Paul E. Boyd of Aaron Gordon Daykin Nordlinger, Vancouver, BC

In this paper written for the recent CLEBC course Family Law Drafting Basics 2012, the authors "discuss some practical issues arising from their written correspondence, duties to their clients and to themselves, and their responsibilities as professionals."

BCSC Releases Updated Consolidation of Registrar's Newsletter

Courthouse Libraries of BC — Thu, 05 Apr 2012 17:05:00 GMT

The BC Supreme Court has released an updated consolidation of the Registrar’s Newsletter. The Registrar's Newsletter is "a Question and Answer resource that is used by District Registrars and Deputy District Registrars throughout the province to help clarify registry practice with respect to a number of provincial and federal statutes and the Supreme Court Civil and Family Rules."

This 110-page consolidated version is current to March 2012 and fully accounts for the new Supreme Court rules.