BC Provincial Court Family Process 

Early Resolution & Case Management Registries 

Implementing in Surrey and Victoria on Dec. 7, 2020 

The Provincial Court of BC and Ministry of Attorney General have been working together to modernize the Provincial Court Family Rules. 

On December 7, 2020, the Early Resolution and Case Management process model is being implemented in Surrey and Victoria after being prototyped in Victoria since 2019. The early resolution and case management process is designed to encourage parties to resolve family disputes by agreement or to help them obtain just and timely decisions in Provincial Court. The amended rules BC Reg. 525/2020 will apply to matters under the Family Law Act (FLA) in these two designated registries. 

The early resolution and case management process introduces early resolution requirements for family law matters proceeding through Provincial Court. In the designated registries, people who want to resolve family law matters (parenting arrangements, child support, spousal support, contact with a child or guardianship of a child) will use this process. 

Where appropriate, and not otherwise exempted, the process requires a party to meet early resolution requirements before filing an application about a family law matter. The requirements include: filing a notice to resolve and providing a copy of the notice to the other party, participating in a needs assessment with a family justice counsellor, completing a parenting education program and, if appropriate, participating in at least one consensual dispute resolution session. All other parties must also have met the early resolution requirements before filing a reply to an application about a family law matter. 

If the parties have issues that can’t be resolved consensually with the help of a family justice counsellor or child support officer, a privately hired family mediator or a collaborative family law practitioner, they can ask the court for help by filing and serving an application about a family law matter. 

The new process also introduces the family management conference, which is an informal, time-limited appearance scheduled before a judge, replacing the traditional first appearance. During this conference, the judge will further assist people to identify issues to be resolved and explore options for resolution. The judge may make certain interim orders, orders with the parties’ consent, case management orders to assist the parties in getting disclosure or otherwise assist with resolution and/or readiness for a hearing or trial, as well as conduct orders to manage interactions between the parties. 

Note that the amended rules include a process for seeking orders related to protection orders under the FLA and priority parenting matters (which are defined in Rule 5.01) on a time sensitive basis. 

Due to technical difficulties, the Surrey Bar Association Annual General Meeting that was originally set for Tuesday, September 8, 2020  has been rescheduled  to take place on November 4, 2020 @ 5:30 p.m. via MS Teams.  To register click here.

President’s Report - Cheryl Stanley

Surrey Bar Association - September 2020 

This has perhaps been the most eventful year in the history of the association. We began 2019 with the usual planned events. The 3^rd Annual WCBA Golf Tournament was an unrivaled success. The Annual Bench and Bar Dinner was a wonderful evening, celebrating (and roasting) new judicial appointments and enjoying each other’s company. In addition, we also enjoyed a number of informal social events providing an opportunity to meet new members. 

In November, Adam Jantunen revived the Impaired Driving Update evening which was greatly enjoyed (perhaps a little too much)! We also reintroduced the Christmas Coffee event at the Surrey Courthouse to an overwhelming response. Both of these events will continue to be firm fixtures in our calendar. Other CPD events were available during the year. 

We are acutely aware of the need to support those affected by mental health issues as they navigate the court process. To that end, we remain involved with the progress of the Surrey Mental Health Committee that Gord Kabanuk co-chairs with Judge Stark to assist in ensuring its success. 

Our membership continues to grow in strength, and we have also opened up the criteria to include judges. We have garnered the support of the judges over the years and their addition to our membership has only enhanced the association. 

We have continued to support relevant non-profit organizations. Most recently, we supported the Pro Bono Going Public virtual event that was held this month. 

An additional focus for the year has been to assist young lawyers in their practice. To that end we called for the previous year’s Criminal Codes and White Books etc. that were no longer needed, to place in the hands of junior lawyers at no cost. This program has been well received and it is hoped to continue and expand the program to include other items that could assist lawyers building their practice. 

In the same vein, we have set up a committee including both judges and lawyers to organize a Surrey Inns of Court. I currently co-chair this program with Judge Gill and it was anticipated that our first course would be offered this month. That brings me to the reason I described this year as our most eventful. 

With COVID 19, many of the events planned for 2020 have been postponed. There was no 4^th Golf Tournament or Annual Bench and Bar Dinner, and social events have had to be deferred to another time. 

We are mindful that it is not known when we will be able to gather in person. In November, we will be launching a series of virtual lunchtime events. They will include speakers in all disciplines and there will be opportunity for informal discussions, with no need to change out of your pyjamas! Keep an eye out for the email. 

The Surrey Bar Association remains committed to meeting the unique challenges and opportunities that COVID 19 presents. Please take care of yourselves and see you soon!

Cheryl D.A. Stanley 

President

The local judiciary, senior counsel and the SBA are partnering to carry forward tradition and develop a local mentorship program for new(ish) lawyers.  We were planning on launching this in the Fall, however we continue to monitor the situation surrounding COVID-19 and will likely be commencing our first sessions in January, 2021.  If you are a newer call and are interested participating please contact Cheryl Stanley or Gordon Kabanuk.

BC Courts COVID-19 Alert and Updates:

BCPC COVID-19 Alert & Updates

BCSC Announcements/Directions

BCCA Announcements

To assist junior lawyers starting out in practice, the SBA is collecting used materials (ie Criminal Codes/ Civil White Books) and gently used rolling brief cases to provide the same at no cost to those who are within the first 3 years of practice.  If you have any of these materials or are looking to give your brief case a new home or are interested in obtaining any of these, please contact  Cheryl Stanley. 

 

Effective Nov 4, 2019, all disputed violation tickets issued by Surrey and White Rock RCMP will be set for hearing at the Surrey Courthouse Monday through Friday at 9:30 a.m, 10:45 a.m. and 1:30 p.m.  With the increase in people attending court, parking will undoubtedly be at a premium.  You may wish to advise clients to arrive early in anticipation of potential delays at the security entrance.

With the renovations to the Surrey Provincial Courthouse complete, an official opening ceremony was held earlier today.

Our courthouse is the busiest in the province.  It is hoped the additional courtrooms, case conference rooms, expanded registries and the addition of a Family Justice Centre, will increase access to justice for our community.

Well, we are back to work today (except those that are retired) after a glorious day of golf Tuesday at the 3^rd Annual Westminster County Bar Associations’ Golf Tournament at Morgan Creek Golf Course.  Everyone made it home safely, or at least we haven’t heard otherwise.  We hope you enjoyed the event, and look forward to seeing you again next year.  We improved considerably on the pace of play issue which plagued us last year, some groups finishing in a very quick time of 4.5 hours.

Congratulations to the winners of the individual contests:

Putting:  Brad Bumstead and Corrine O’Handley 

KP: Corrine O’Handley and Fernando San Buenaventura

Long drive:  Evan Atkinson and Jessie Ramsay

And, of course, congratulations to the winners of the team contests:

Texas Scramble Team: Raj Deol, Jeevan Singh, Kashmir Ghag and Rav Rampuri

Mixed Texas Scramble Team:  Jeff and Amy Matthews, Kirsten Tonge and Kelly Routley

Thank you to our generous sponsors of the individual contests, including BMM Valuations (putting), Hamilton Duncan (KPs) and MTC Law (long drives).  Their sponsorship provides prizes of $150 each to the winners plus a trophy to keep on their bookshelves at their office or home.

And thanks to Integra Medical Consultants Inc. for sponsoring the $15,000 Hole in One contest on Hole 16.  Though no one aced the hole, the thought of winning $15,000 with just a stroke of the golf club gave brief thoughts (delusions?) of optimism.

Also thanks to all who donated prizes for the raffle draw, including Mr. Justice Crawford who donated books on golf (too late to help my golf game), MTC Law, Somers Poulin Hall, Baker Newby, McHarg Law, and many others.

Special thanks to Kirsten Tonge, who donated the Mike Weir framed artwork which was auctioned for $475.  And Erica Enstrom who purchased it.  And Kashmir Ghag who bought the Morgan Creek golf package.  Obviously he likes the course.  The net proceeds of the tournament are donated to the CBABC Lawyers’ Benevolent Fund.

Thanks to Morgan Creek for their hospitality (and patience with me) as well as the volunteers and the organizing committee of Daniele Poulin, Matt Somers, Lily Ravelo, Wes McHarg, Stephanie O’Mahony, Cheryl Stanley, Gord Kabanuk, Kirsten Tonge, Nick Cooper.  And of course Peter Goodwin who stood in as auctioneer.

The committee would like to hear some feedback from you about the tournament, to help plan for next year.  Venue, banquet, rules (should double par be the maximum or perhaps double bogey??), how can we recruit more golfers to get a full shotgun start (100 minimum to have the whole course to ourselves), etc. or anything else you would like to address.  I think the weather is something we can be thankful for, and over which we have no control.

Thanks.

Rick Molstad

Our Annual General Meeting was held on Thursday, June 6, 2019.  We are pleased to announce the election of a new executive for the 2019-20 term: Cheryl Stanley (President), Chelsea Dubeau (VP), Tanvir Sanghera (Secretary), Aaron Burns (Treasurer), Gordon Kabanuk (Past President); along with the following individuals as Directors at Large: Dan Moseley, Jason Maynes, Greg T. Palm, Christine Purewal, Gagan Khosa and Manjot Cheema.  For more details click here.

We wish to give a huge thank you for our outgoing executive and look forward to a great year ahead!