Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 8 47 "We're a bit ahead of the curve in this area. It's been understood here for some time that what we're putting people through in court is counterproductive," he adds. Laurie Pawlitza, a partner in the family law group at Toronto firm Torkin Manes LLP, characterizes C-78 as a successful catch-up effort by the federal government. For example, the ADR-inspired lan- guage and definitions in C-78 are borrowed from similar provisions in B.C.'s Family Law Act, while the much-vaunted replacement of terms such as "custody" and "access" by more child-focused alternatives such as "parenting orders" and "parenting time" occurred first in Alberta more than a dec- ade ago. "It's been a very long time since I've seen a separation agreement that used the words custody or access," Pawlitza says. "Kudos to them for largely reflecting what's already happening in the family law bar." But the lack of any fresh ideas or funding in the bill has prompted some of her more skeptical colleagues to remark that C-78's enthusiastic reception has been "much ado about not very much at all," Pawlitza says. "It's an artful way of coming up to where other jurisdictions already are, but in a way that hasn't actually cost them anything," she says. "As we know, the justice system is a poor cousin to education, health care and others when it comes to budgetary demands on government." Still, Hickman remains optimistic that the bill will make a difference if it can progress through Parliament. She launched the West Coast ADR Law Group, a firm of lawyers, mediators and arbitrators offering out-of-court solutions to divorcing couples, shortly after the passage of B.C.'s new family law regime in 2011. "There's definitely been a switch since then. More and more couples are coming to us early on. Some will see a lawyer, but they're choosing to come to someone like me, in order to intentionally avoid litiga- tion," she says. "If the rest of Canada sees the shift we have in B.C., then it's certainly going to be a step in the right direction." In any case, Nicholas Bala, a professor of family law at Queen's University in Kings- ton, Ont., says there is value in the sym- THIS BILL REALLY IS A SIGNAL FROM THE FEDERAL GOVERNMENT THAT THEY ACKNOWLEDGE THERE IS A PROBLEM IN THIS AREA. THEY'RE SAYING THAT THE COURT SYSTEM STILL NEEDS TO EXIST, BUT WE MUST FIND MORE WAYS TO KEEP PEOPLE OUT OF IT. TIM MALLETT, Brock Law What do your clients need? The means to move on. Guaranteed ™ . Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. Need more information? Contact us at 1 800 387 1686 or baxterstructures.com Kyla A. Baxter, CSSC PRESIDENT, BAXTER STRUCTURES ntitled-3 1 2017-11-01 3:58 PM hildview_CL_Mar_18.indd 1 2018-02-07 2:25 PM

• Cover