Canada Case Law

J.K.K. v. B.S.K.

Court

Supreme Court of British Columbia

The court ordered court-directed re-integrative family counselling because it was necessary for the children's best interests and more likely to succeed with the respondent's proposed provider given his greater relevant experience and training; the court may require counselling despite the children's opposition where their views are not determinative of long-term best interests; parties must share counselling fees equally and each party bears their own legal costs of the counselling application while the respondent is awarded costs for the enforcement/variation application on the ordinary sca…

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• Parenting time
• Reunification counselling
• Parental alienation
• Enforcement and variation of parenting orders
• Costs

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Doordash - Order amending Scheduling Order

Court

Competition Tribunal

Because the respondents sought to postpone mediation, the applicant did not oppose the request, and mediation is a voluntary consensual process, the Tribunal granted the amendment of the Scheduling Order to remove the mediation scheduled for March 25, 2026, and directed the parties to notify the Tribunal at their earliest convenience (preferably at least six weeks before a proposed mediation) if they wish to seek a Tribunal member as mediator.

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• Deceptive marketing
• Mediation
• Scheduling orders
• Section 74.01

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Miller v. Richards

Court

Supreme Court of British Columbia

On the balance of probabilities the parties permanently separated in September 2021, so the claim filed December 22, 2023 was brought after the two‑year limitation period in FLA s.198 and must be dismissed; correspondence between counsel in Sept–Dec 2023 did not constitute active family dispute resolution to suspend the limitation period. Alternatively, if limitation does not bar the claim, claimant is entitled only to 50% of the condominium's increased value during 2012–2021 and all other family property division is refused because equal division would be contrary to the parties' legitimate…

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• Marriage-like relationship
• Date of separation
• Family dispute resolution
• Limitation period s.198
• Unequal division s.95
• Legitimate expectations

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Planet Fitness Inc v. Planet Fitness Franchising LLC (PFIP, LLC)

Court

Federal Court

The Federal Court fined Planet Fitness Inc. and Shawn Freeborn $1,000 jointly and severally for contempt arising from disclosure of confidential mediation information.

• Contempt penalties
• Mediation confidentiality
• Sentencing principles
• Rule 472 federal courts rules
• Public v private dimension of contempt
• Civil-contempt

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N.J.H. v. J.A.C.

Court

Supreme Court of British Columbia

The court declined to compel the children to attend a specific counselling provider or forced contact with their father, while granting consent conduct orders and directing shared counselling costs.

• Parenting time
• Counselling orders
• Parental alienation
• Best interests of the child
• Fla s.61 counselling orders
• S.211 expert reports

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Ontario (Transportation) v. J & P Leveque Bros. Haulage Ltd.

Court

Court of Appeal for Ontario

Where a contract conditions a party's obligation to file a notice of protest and pursue ADR on the existence of a referee decision, the contractual two-year post-completion protest/ADR period applies only if the referee decision is released within that two-year period; a party cannot be required to protest a non-existent decision and therefore the contractual two-year limitation did not oust the statutory limitation period under s.4 of the Limitations Act when the referee decision was released after the contractual period; the appellant's claim was timely.

Source excerpt

• Standard form contract interpretation
• Limitation periods
• Referee/adr clauses
• Application of limitations act s.22
• Summary judgment

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Planet Fitness Inc. v. Planet Fitness Franchising LLC

Court

Federal Court

The Federal Court found Planet Fitness Inc. and Shawn Freeborn in contempt for disclosing confidential mediation information in social media videos.

• Mediation confidentiality
• Breach of court process
• Without prejudice communications
• Sanctions and contempt
• Trademark infringement
• Mediation-confidentiality

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McCaw v. JDS Energy & Mining Inc.

Court

Supreme Court of British Columbia

The court dismissed an application to postpone a mediation, finding the existing disclosure, discovery opportunities, and regulatory safeguards were enough for a fair process.

• Mediation postponement
• Document production
• Examination for discovery
• Constructive dismissal
• Wrongful dismissal
• Notice to mediate (general) regulation

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B.D.K. v. D.M.W.

Court

Supreme Court of British Columbia

The court denied a s. 211 report, increased the claimant’s parenting time on a graduated schedule, and dismissed a $1,000 mediation-penalty claim.

• S.30 family law act - parentage
• S.211 family law act - assessor report
• S.224(1)(b) co-parenting coach
• S.230 family law act - compensation/enforcement
• Best interests of the child (s.37 fla)
• Mediation clause enforcement

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Hakimpour v. Grimm

Court

Supreme Court of British Columbia

On costs after a dismissed personal injury trial, the court refused double costs because the formal offer was open only 3.5 hours, but awarded the defendant Scale B costs.

• Offers to settle
• Double costs
• Reasonable time to consider offers
• Delay in seeking costs
• Costs follow the event
• Offers-to-settle

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