Join CBV Institute and Family Dispute Resolution Institute of Ontario (FDRIO) for a joint seminar on hot topics in family law. Three expert panels consisting of CBVs, a Judge and lawyers will provide attendees with key insights on independence of experts, practice issues and joint retainers.
Independence of experts: Fact vs Appearance
The panel will explore the importance of independence in fact and in appearance from a practical perspective. The panel will discuss:
• Review of criticisms of CBVs’ perceived lack of independence from various pertinent cases
• Judicial criticism of the discrepancies in conclusions between two CBVs. Does it automatically mean lack of independence? Could there be legitimate reasons for discrepancies in conclusions?
• Can instructions received from counsel impact on the independence of the CBV? What should the CBV do?
• Do judges, or legal counsel not sufficiently understand the role of the CBV and, if so, why there are discrepancies?
• What is needed to remedy this issue of perceived independence? What can CBVs do “better”?
The panel will explore important and potentially controversial practice issues such as:
• Draft schedules for use that do not comply with CBV Institute reporting standards
• Calculation vs. estimate vs. comprehensive valuation reports
• How far can or should CBVs go in their opinions?
o What’s the “fence” around a CBV’s expertise?
o What is the appropriate role of the valuator?
o When is the line crossed?
o When are CBV’s opining on “the law” vs. following “the law”?
o When is it appropriate for a CBV to select/favour a specific legal approach?
o How does a CBV stay in their “expertise” lane?
• How can CBVs make their expert testimony as solid and useful as possible?
• New family law rules in Ontario regarding expert reports
The panel will discuss:
• How CBVs deal with conflicting instructions
• How to keep the peace between two sets of clients
• Joint retainers are a requirement in BC – what have the issues been; what’s working; pros and cons?
• Are other provinces going to adopt this practice?