Legal Counsel

RiseMe; Victoria; On-site; CAD 110,000 - 150,000; Full time

Job summary

BC Family Maintenance Agency (BCFMA) seeks a Legal Counsel in its Victoria office to provide specialised advice on family maintenance law and to represent BCFMA in provincial courts. The role requires updating knowledge of applicable legislation and advising Directors, Case Managers and staff on complex legal matters.

The successful candidate will maintain relationships with stakeholders, contribute to policy and process improvements, and support enforcement actions under FMEA across the

Qualifications

• Bachelor of Law degree and membership in good standing with the Law Society of British Columbia (BC).
• Minimum 3 years’ experience in family law with court experience handling trials/hearings.
• Significant experience in family maintenance related law.

Responsibilities

• Provide legal information and advice on all legal aspects of case management including enrolment and eligibility; payment allocation and distribution; arrears calculation; enforcement actions.
• Represent BCFMA in court locations across the province as required.
• Prepare opinions, research legal issues, and provide direction to staff on legal matters.

Skills

BC Family Law

FMEA knowledge

Court experience

Creditor remedies

Wages garnishment

Education

Bachelor of Law

Job description

The BC Family Maintenance Agency (BCFMA) is responsible for the client-centric administration of child and spousal maintenance services for British Columbians. BCFMA offers support that strengthens families, so that they may achieve their full potential and secure the best possible future for their children. We are committed to promoting equity, anti-racism, and multi-culturalism, addressing social and health issues such as mental health and poverty, and providing services that make communities safer. We strive for lasting and meaningful reconciliation through Indigenous-specific community recognition, outreach, and relationship building efforts.

BCFMA is committed to reconciliation with Indigenous Peoples, honouring the Provincial commitment to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the Declaration on the Rights of Indigenous Peoples Act, and the Truth and Reconciliation Commission’s (TRC) Calls to Action. Through fostering respectful and collaborative relationships with Indigenous partners and stakeholders, BCFMA delivers on government’s priorities.

BCFMA is currently seeking qualified candidates to join our Legal Counsel team in our Victoria office.

The BCFMA Legal Counsel is a member of the Professional Employees Association (PEA) and reports to the Vice President (VP). This position is a member of the in-house Legal team and is responsible for providing Directors, Case Managers and other BC Family Maintenance Agency staff with advice on all aspects of family maintenance law. Legal Counsel must update and maintain knowledge of all applicable legislation, regulations, policy and procedures. This includes the provision of specialized legal advice on family maintenance law matters to program managers and staff as well as ensuring that they are available and prepared to represent BCFMA in all courts in the province.

ACCOUNTABILITIES

• Member in good standing with the Law Society of B.C.
• Provides legal information and advice to Case Managers, Enrolment Services Advisors and other staff on all legal aspects of case management including but not limited to enrolment and eligibility; payment allocation and distribution; calculation of arrears; administrative enforcement; enforcement action in the Courts; Defence of Applications to Vary, Reciprocal Enforcement of Maintenance Orders, Appeals and other family or enforcement law matters.
• Consults on all matters that involve changes to BCFMA processes and operations (i.e. governance, systems, administrative or operational) that may impact or arise from legal services.
• Recommends whether Applications to Vary should be defended on cases with arrears.
• Provides written opinions on request either on the appropriate form or on the Running Record.
• Research legal issues upon request.
• Prepares statistical and other reports as required.
• Responds to legal correspondence and telephone enquiries.
• Understands change management concepts and processes to successfully adapt through changes and innovations in alignment with BCFMA mandate and goals.
• Available and prepared to represent BCFMA on Family Maintenance Enforcement Act (FMEA) case related matters in all courts in the province and to provide case managers and other program staff with advice and direction on all legal aspects of FMEA functions, including but not limited to, enrolment and program eligibility, calculation of arrears, payment monitoring, allocation and distribution, interpretation of orders/agreements, interjurisdictional support, administrative and court enforcement actions and defense of applications to change/vary, etc.
• Undertakes legal casework preparation and attend at court to represent the BCFMA on the defense of any applications challenging BCFMA measures taken under the FMEA and where appropriate defending or initiating applications for relief in BCFMA cases. As required, prepares instructions and documents for retained external counsel to represent the BCFMA in court locations not serviced by in house counsel.
• Maintain effective working relationships with BCFMA staff in all offices.
• Troubleshoot legal issues as they arise and management of cases from legal perspective. Including analysing and responding to complaints from outside parties, or clients, or their legal counsel/advocates.
• Respond to client concerns and issues immediately.
• Be available to members of management as necessary to provide advice and input into various questions arising around application of the law, policies, and memorandum of agreements/understandings in place vis a vis operational issues (i.e. attachments, disclosures of information, etc.
• BCFMA counsel seeks out and participates as presenters in various outreach opportunities in the legal and advocacy communities.
• Other duties as assigned.

JOB REQUIREMENTS

Education

• Bachelor of Law degree and a membership in good standing with the Law Society of British Columbia.

Experience

• Minimum 3 years’ experience in family law with court experience handling trials/hearings.
• Significant experience in family maintenance related law (required).

KNOWLEDGE, SKILLS, AND ABILITIES

• B.C. Family Law experience as well as experience in Family Maintenance Enforcement Act (FMEA) and creditor remedies law in general (i.e. vis a vis execution against assets, garnishment of bank and other accounts, wages, liens, realization and enforcement against security, etc.).
• Knowledge of law pertaining to priorities in cases involving bankruptcy and insolvency, real property, taxation, and personal property.
• Knowledge of procedure and processes and court experience at the Provincial, Supreme and Court of Appeal levels; (involving family, civil and probate areas of practice).
• Knowledge of procedure and processes in Land Title and Survey Authority, Court Services Online, Personal Property Registry and Business and Corporate registries.