Canada Case Law

T.E.R. v. S.M.

Court

Supreme Court of British Columbia

The application was dismissed because, on the facts, the pending s.211 assessment, the children's demonstrated emotional turmoil and academic difficulties, and the real risk that overseas travel would exacerbate a fragile parent-child dynamic or interfere with urgent reunification or other recommendations meant the risk of harm outweighed any educational or emotional benefit of the trip.

Source excerpt

• S.211 assessment
• Best interests of the child
• Parental decision-making
• Non-removal order
• Allegations of child sexual abuse
• Undue influence/alienation

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A.L.A. v. M.N.A.

Court

Supreme Court of British Columbia

The court accepted the s.211 evaluator's findings and the father's credibility on financial evidence, found no proven physical abuse or coercive control, found an unhealthy mother-child alignment meriting remedial intervention, concluded shared parenting time equally after a staged transition is in the child's best interests, maintained joint guardianship while temporarily allocating exclusive decision-making for education/extracurriculars to the father for six months plus five weeks to monitor cooperation, found no divisible matrimonial assets of value at separation (law firm had no goodwill…

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• Parenting time
• Guardianship and decision-making
• Parental alienation / resist-refuse behaviour
• Coercive control
• Psychological/section 211 assessment
• Valuation of professional practice

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TB v CM

Court

Supreme Court of Nova Scotia

Although TB has a history of serious mental health incidents, she has been in active treatment and stable for over a year; the children (ages 17 and 13) consistently and credibly expressed a strong preference for increased time with their mother; shared parenting with an equal-time schedule best serves the children’s interests, but persistent communication problems require CM to retain final decision-making authority when parents cannot agree.

Source excerpt

• Parenting time
• Decision-making authority
• Best interests of the child
• Voice of the child reports
• Parental mental health and fitness
• Parental communication and cooperation

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W.L. v. G.W.

Court

Supreme Court of British Columbia

Applying the best‑interests framework the court imposed a detailed, predictable holiday and parenting schedule and ancillary measures to minimize conflict and protect the child's stability: grant respondent regular BC parenting blocks and structured summer/winter/spring allocations, maintain joint guardianship with mediation for disputes, limit broad documentary disclosure while ordering targeted information exchange (RESP year‑end statements, medical and activity details), require third‑party processing and custody protocol for the child's passport, permit specified short cross‑border ground…

Source excerpt

• Parenting time
• Parenting responsibilities
• Holiday schedule
• Relocation and school change
• International travel and passports
• Video parenting time

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Archibald v. Rountree

Court

Nova Scotia Court of Appeal

The appeal was dismissed because the appellant failed to establish error of law, palpable and overriding factual error, or an unreasonable exercise of discretion; the trial judge’s travel, chaperone and cost allocation measures were within her jurisdiction and justified by the parties’ history and the children’s best interests; no reasonable apprehension of bias was shown.

Source excerpt

• Parenting time
• Travel arrangements
• Allocation of travel costs
• Judicial bias
• Solicitor and client costs
• Standard of appellate review

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Veal-Brake v. Pitts

Court

Supreme Court of Nova Scotia

On balance of probabilities the father will retain primary care because the children had lived with him for the relevant period, the mother’s credibility issues and delayed, sporadic contact undermined her claim to primary care, there was insufficient, detailed evidence to displace the status quo despite some finding of intimate partner violence, and risks from the mother’s historical alcohol use and conflictual behaviour were addressed by ordered restrictions; major decisions require consultation and adherence to third-party professional advice or, absent such advice, final decision by the f…

Source excerpt

• Parenting arrangements
• Decision-making responsibility
• Parenting time
• Best interests of the child
• Communication restrictions
• Alcohol restriction during parenting time

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MacDonald v. More

Court

Supreme Court of Nova Scotia

Ms. More was the more successful party on the pivotal issues (family violence, relocation and supervision) and made reasonable, favourable settlement offers which Mr. MacDonald unreasonably refused; given the non-monetary nature and importance of the issues and comparable reasonableness of Ms. More's legal fees, a lump sum costs award calculated by applying 55% to fees incurred before the August 27, 2024 offer and 80% to fees incurred after that offer is principled, resulting in an award of $82,000 which Mr. MacDonald must pay within 45 days.

Source excerpt

• Costs awards
• Settlement offers
• Litigation conduct
• Lump sum costs approach
• Hst on legal fees
• Supervised parenting time

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Bakare v. Ogundari

Court

Supreme Court of British Columbia

The court refused DNA parentage testing and refused to vary parenting time, finding the evidence incomplete, the request delayed, and the proposed changes not in the children’s best interests.

• Dna parentage testing
• Best interests of the child
• Parenting time variation
• Admissibility of genetic evidence
• Delay and litigant motive
• Parentage-testing

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Perez v. Alvarado

Court

Supreme Court of British Columbia

The court found on the evidence that the parties had a final binding agreement on or about January 20, 2025, that the claimant's January 16, 2025 offer (clarified as final) was accepted by the respondent through counsel's request to draft the amending agreement and by the respondent's conduct in exercising the increased parenting time, and that the terms of that final agreement are those in the draft final order dated February 21, 2025; the court therefore declared the agreement binding, ordered the final order filed and dispensed with the need for the respondent's signature, awarded costs to…

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• Consent order
• Desk order divorce
• Variation of parenting time
• Without prejudice except as to costs
• Special costs

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Tanner v Arbuckle

Court

Supreme Court of Nova Scotia

Because the child had spent the vast majority of time in the Applicant's care, the burden rested on the Respondent to show the proposed relocation was not in the child's best interests; he failed to do so. The Respondent's persistent abusive and ineffective communication, lack of insight, and litigation conduct demonstrated that shared/50% parenting would not be in the child's best interests; accordingly the court awarded primary care to the Applicant, permitted relocation to the Annapolis Valley, adopted the Applicant's step-up parenting plan, vested final decision-making to the Applicant wh…

Source excerpt

• Parenting time
• Relocation under psa s.18
• Decision-making responsibility
• Parental communication tools (talking parents)
• Daycare app access (lillio)
• Section 7 expenses

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