M.S.G. v. I.K.G.

M.S.G. v. I.K.G.

Because the decision to maintain, vary or vacate the Protection Order and to restore the Final Order will have long-term consequences and turns on contested questions of fact and credibility—specifically whether the claimant authored anonymous or abusive communications and whether he inappropriately involved the child—the affidavits as filed are insufficient. The proper course is to order cross-examination of the parties on their affidavits before making a final determination, and to adjourn the application accordingly.

Citation
2024 BCSC 90
Parties
Claimant: M.S.G.; Respondent: I.K.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 January 2024
Procedural Posture
Family Law Protection Order Under the Family Law Act / Return of Application for Continuation/variation of Protection Order; Adjourned for Cross Examination
Outcome
Application adjourned for cross-examination of the parties' affidavits and further hearing; directions given to schedule cross-examinations promptly
Legal Topics
Protection Orders, Parenting Time/child Custody, Family Violence, Credibility and Cross Examination, Use of Anonymous Communications
Source Language
English
Family Law Child Protection Domestic Violence Evidence Protection Orders Parenting Time/child Custody Family Violence Credibility and Cross Examination +1 more

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Parties

M.S.G.

Claimant

I.K.G.

Respondent

Procedural Posture

Family Law Protection Order Under the Family Law Act / Return of Application for Continuation/variation of Protection Order; Adjourned for Cross Examination

Legal Issues

  1. 1 Whether the protection order should be extended or varied
  2. 2 Whether the Final Order parenting schedule should be restored
  3. 3 Whether the claimant is responsible for post-February 10, 2023 communications to the respondent

Ratio Decidendi

Because the decision to maintain, vary or vacate the Protection Order and to restore the Final Order will have long-term consequences and turns on contested questions of fact and credibility—specifically whether the claimant authored anonymous or abusive communications and whether he inappropriately involved the child—the affidavits as filed are insufficient. The proper course is to order cross-examination of the parties on their affidavits before making a final determination, and to adjourn the application accordingly.

Court Disposition

Application adjourned for cross-examination of the parties' affidavits and further hearing; directions given to schedule cross-examinations promptly

Orders

  • Counsel for the parties must make best efforts to schedule cross-examinations on the affidavits at the earliest possible time
  • At least two hours be set aside for cross-examination, subject to counsel's estimate that a different length is required