The following is a summary of the changes. For full details, please refer to the applicable tariff.
Preparation for issues related to matrimonial real property on reserve — New tariff item.
- Billable up to 10 hours for preparation related to:
- the use, occupation, or possession of the family home, and/or
- the division of value of matrimonial real property.
- Billable where matrimonial real property on reserve is a significant secondary legal issue, or is central to stabilizing or resolving the primary legal issue(s). For example:
- a client is making or defending a claim for a protection order under the Family Law Act (FLA)which is supported by a claim for the exclusive occupation of the family home under the Family Homes on Reserves and Matrimonial Interests or Rights Act,
- a client is making or defending a claim for the primary care of the children under the Divorce Act, which is supported by another claim or proceeding for the use, occupation, or possession of the family home on reserve, or
- a client is making a claim for the primary care of the children under the FLA or Divorce Act, and in support of that claim, is also seeking a division of value of matrimonial real property on reserve.
Extended Family Services (EFS) — Added a note to clarify that EFS is not available where matrimonial real property on reserve is the only outstanding issue on the case.
Indigenous Client Support — Added a note to clarify that you can bill work related to matrimonial real property on reserve issues under this item as well.
When you submit your invoices, LSS will ask you some brief questions. You will also be able to identify matrimonial real property on reserve as an issue and provide an outcome. The information you provide is important to help us monitor the impacts of these changes on lawyers, clients, and our LSS budget, and for informing service or policy changes.
See the following resources related to matrimonial real property on reserve:
- CLE BC Webinar, Matrimonial Real Property Rights on Reserve, which will be rebroadcast on August 2, 2018, and added to the Webinar Archive
- Centre of Excellence for Matrimonial Real Property, for information on the Family Homes on Reserves and Matrimonial Interests or Rights Act
- Indigenous and Northern Affairs/Indigenous Services Canada’s website, for lists of First Nations with their own matrimonial real property laws, land management codes, or self-governing agreements
Appraisal of property or chattels — Incidental revision to recognize the potential complexity of a valuation of matrimonial real property on reserve. Added that if you're requesting authorization to bill more than the $300 limit, you must show that the complexity of the real property appraisal justifies the requested expenditure.
If you have any questions, please contact firstname.lastname@example.org.