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”?
Practice Issues 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
Joint Retainers 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?
The information, analysis and opinions expressed in the webinars, podcasts and/or congress presentations are solely those of the presenter/author, are not reviewed by the Institute as to content or accuracy, and are not endorsed by CBV Institute or any of its Members.