Canada Case Law

Nova Scotia (Community Services) v. C.Z. and G.P.

Court

Nova Scotia Family Court

On a balance of probabilities, reinstating parenting time would not be in the child's best interests because G.P.'s entrenched history of anger, demonstrated by the November 9, 2020 incident and prior matters, and his lack of insight into the impact on children create a real and probable risk to the child; there is insufficient evidence of a positive bond or that access would benefit the child, therefore access must remain suspended.

Source excerpt

• Best interests of the child
• Supervised access
• Parental anger and risk assessment
• Past parenting history
• Admission of prior proceedings

Read case analysis

M.A.K. v. C.B.L.

Court

Supreme Court of British Columbia

The court granted the mother sole custody of A.K. and gave the father specified access, finding the child’s best interests were better met in the mother’s care.

• Best interests of the child
• Parenting responsibility
• Parental fitness
• Parenting schedule
• Section 16 divorce act
• Drug use concerns

Read case analysis

Milton v. Spurvey

Court

Supreme Court of Nova Scotia

The court granted joint custody, awarded primary care and the child's residence to Ashley Spurvey in Edmonton, permitted the relocation, and imposed a detailed parenting time schedule and information‑sharing and relocation notice obligations; direct contact between the parents is limited by Mr. Milton's probation no‑contact order until it is varied or expires, with interim communication mechanisms (counsel, third‑party facilitator, Skype, family sharing website) to preserve the father's relationship with the child.

Source excerpt

• Relocation
• Primary residence
• Joint custody
• Access schedule
• Information sharing

Read case analysis

J.A.R. v. W.F.C.

Court

Nova Scotia Family Court

The consent parallel parenting order was materially harming the children and, combined with the children’s expressed wishes and professional assessments recommending joint custody with the father having primary care, the Court varied the order and awarded joint custody with primary care to the father, set a detailed access schedule, terminated the respondent’s child support as of July 1, 2014 given his Workers’ Compensation status and primary care shift, and terminated the special expenses order.

Source excerpt

• Joint custody
• Primary care
• Access schedule
• Best interests of the child
• Material change in circumstances
• Maintenance and custody act

Read case analysis

B.A.J. v. V.L.

Court

Supreme Court of British Columbia

The court kept the children primarily with their father, dismissed the mother’s custody and bias applications, and tied any expanded access to online privacy compliance.

• Custody variation
• Supervised access
• Internet postings and children's privacy
• Judicial disqualification
• Child support arrears
• Travel abroad

Read case analysis

C.J.C. v. D.W.B.

Court

Supreme Court of British Columbia

Interim custody and guardianship dispute in a British Columbia family case. The court ordered joint custody and joint guardianship with a three-day-on/three-day-off parenting schedule.

• Best interests of the child
• Joint custody
• Master horn model
• Interim orders
• Parenting schedule
• Best-interests-of-the-child

Read case analysis

Yarmish v. Yarmish

Court

Supreme Court of British Columbia

On family-law applications, the court refused to order private school tuition, ordered equal sharing of orthodontic and other s. 7 expenses, and referred spousal support to trial.

• Section 7 expenses
• Private school tuition
• Orthodontic and medical expenses
• Income imputation
• Production of financial records
• Access/time for vacations

Read case analysis

Dhillon v. Dhillon

Court

Supreme Court of British Columbia

The court ordered joint custody and guardianship, with the mother retaining final decision-making authority and a gradual move toward shared parenting over two years.

• Shared parenting
• Decision-making authority
• Parenting coordinator
• Best interests of the child
• Parenting schedule
• Child-custody

Read case analysis

B.T. v. B.L.

Court

Supreme Court of British Columbia

The court ordered joint custody and joint guardianship on a modified 2-2-5-5 schedule, with no primary residence or final decision-making authority for either parent.

• Best interests of the child
• Joint custody
• Parenting schedule (joyce model)
• Parenting coordinator
• Relocation
• S.15 psychological report

Read case analysis

K.D. v. J.S.

Court

Supreme Court of British Columbia

Family law trial on custody, guardianship and access. The court ordered joint custody and detailed shared parenting, finding both parents fit and capable.

• Best interests of the child
• Joint custody vs sole custody
• Parenting schedule
• Relocation
• Parental communication
• Child welfare

Read case analysis