Canada Case Law

Lemon v. Lemon

Court

Court of Appeal for Ontario

The Court of Appeal held that the trial judge applied the correct s.24 CLRA best interests framework and custody to the aunt and uncle was open on the record and will be upheld, but the trial judge erred in failing to fully account for the children's views, emotional ties and the familial relationship when setting access; the access regime was amended to maximize contact subject to practical constraints and the religious restriction on the mother's activities was struck as inconsistent with Charter values and equality.

Source excerpt

• Best interests of the child
• Maximum contact principle
• Parental preference
• Religious freedom
• Access orders

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Hellberg v. Netherclift

Court

Supreme Court of British Columbia

The court granted the mother permission to relocate with the child to the UK, finding her employment prospects and support network there were stronger and better for the child.

• Child relocation
• Best interests of the child
• Reopening trial/new evidence
• Credibility findings
• Income and employment evidence
• Access arrangements

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Elaziz v. Wahba

Court

Court of Appeal for Ontario

The motion judge revised the access schedule to address the child's evening change‑overs and the deletion of Monday alternate‑week overnights was a response to the presenting issue rather than an attempt to alter the overall custody scheme; there was no error warranting appellate interference, so the appeal is dismissed.

Source excerpt

• Change of access order
• Best interests of the child
• Change‑overs
• Costs

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A.S.P. v. N.N.J.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a family law appeal on the merits, upholding custody, guardianship, access and surname orders, but sent the costs award back for reconsideration.

• Best interests of the child
• Parenting coach orders
• Exchange supervision
• Passport deposit
• Parental alienation
• Expert evidence admissibility

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De Melo v. De Melo

Court

Court of Appeal for Ontario

The motion judge correctly applied Rule 16 and Hryniak, found the mother discharged her burden that there was no genuine issue for trial on custody and access, concluded the father failed to raise specific evidentiary facts creating a genuine issue, applied s.24(2) best interests factors including the children's expressed wishes, and properly exercised discretion in awarding costs; therefore the appeal is dismissed and the custody, access and costs orders are upheld.

Source excerpt

• Custody
• Access
• Best interests of the child
• Summary judgment under rule 16
• Children's wishes
• Costs assessment

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M.J.B. v. P.L.

Court

Supreme Court of British Columbia

The court awarded the respondent Scale B costs and refused to reduce child support, finding no sufficient basis for undue hardship under the Guidelines.

• Child support guidelines s.10 undue hardship
• Daycare expense sharing
• Costs follow the event
• Mediation and settlement offers
• Child-support
• Undue-hardship

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Knezacky v. Knezacky

Court

Supreme Court of British Columbia

In this family law application, the court dismissed custody, guardianship, contempt, and venue transfer requests, but varied access and ordered Skype contact.

• Custody variation
• Access supervision
• S.15 custody and access report
• S.7 special and extraordinary expenses
• Relocation/notice of change of residence
• Transfer of venue

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Cavanagh v. Anderson

Court

British Columbia Court of Appeal

The Court of Appeal allowed an access appeal after finding the chambers judge overlooked expert evidence, and it remitted the matter to the Supreme Court.

• Variation of access order
• Expert evidence
• Remittal to trial court
• Overnight access
• Child counselling
• Family-law

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Boutilier-Robar v. Robar

Court

Supreme Court of Nova Scotia

The court granted sole custody to the paternal grandparents because, on the balance of probabilities, placing Danielle with them best serves her immediate and long‑term interests: they have provided consistent emotional availability, stability, routine and primary caregiving since mid-2011, have better insight into and willingness to employ professional assistance for transition, and the mother’s inconsistent contact and emotional unavailability rebut the parental presumption in favor of the parents.

Source excerpt

• Best interests of the child
• Parental presumption
• Grandparent custody
• Burden of proof
• Access conditions

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Pudsey v. Pudsey

Court

Supreme Court of Nova Scotia

Primary residence was transferred to the father because the mother chronically failed to secure school attendance and impeded parental access, harming the children's academic, social and emotional development, while the father demonstrated a stable home and a rational plan to address these problems, making the change necessary to protect the children's best interests.

Source excerpt

• Primary residence
• Parental access
• School attendance
• Best interests of the child
• Joint custody
• Child welfare

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