Canada Case Law

M.D.F. v. D.O.T.C.

Court

Supreme Court of British Columbia

The court held that a review of 'Parenting Time' in the consent order permits de novo consideration of parenting time, including shared parenting, despite a provision that the children 'principally reside' with the Respondent; an immediate s.211 report was unnecessary and should be deferred until after a transitional increase in parenting time, and on the merits a sudden move to 50/50 was not in the children's best interests so an intermediate increased schedule was ordered; costs were awarded to the Respondent as the substantially successful party on the central issue.

Source excerpt

• Parenting time review
• Shared parenting
• Section 211 report
• Best interests of the child
• Consent order interpretation
• Costs

Read case analysis

S.F. v. C.W.

Court

British Columbia Court of Appeal

Appeal from parenting, decision-making, and international travel orders dismissed. The Court also dismissed fresh evidence, finding no material error, bias, or inadequate reasons.

• Parenting time allocation
• Decision-making authority
• International travel restrictions
• Best interests of the child
• Fresh evidence on appeal
• Reasonable apprehension of bias

Read case analysis

Li v. Wang

Court

Supreme Court of British Columbia

Interlocutory family-law orders set the 2025/2026 holiday parenting schedule, travel arrangements, documentation, video calls, and no costs for the hearing.

• Holiday parenting schedule
• Interprovincial travel of child
• Unaccompanied minor service
• Travel documentation
• Video parenting time
• Costs

Read case analysis

K.A.M. v. A.F.V.

Court

Supreme Court of British Columbia

The court limited the respondent’s school-year travel with the child to one weekend every four weeks, required advance notice, and addressed passport and Nexus card use.

• Non-removal order
• Views of the child report
• Passports and travel documents
• Parental responsibilities
• Best interests of the child
• Admission of late evidence

Read case analysis

D.P.P. v. J.P.

Court

Supreme Court of British Columbia

The court granted the claimant interim unsupervised parenting time, joint and shared custody, and equal parental responsibilities, and adjourned the s. 211 issue generally.

• Parenting time
• Shared custody
• Interim orders
• Section 211 report
• Best interests of the child
• Parental responsibilities

Read case analysis

Tung v. Lu

Court

Supreme Court of British Columbia

Interim family-law orders were made on parenting, support, section 7 expenses, and conduct, while a requested $5,000 FLA penalty was declined.

• Interim parenting time
• Imputation of income for interim support
• Section 7 expenses (guidelines)
• Conduct orders and communications
• Travel and passport for child
• Penalties under s.230 fla

Read case analysis

P.W. v. C.M..

Court

Supreme Court of Nova Scotia

Leave was denied because the father failed, on the balance of probabilities, to adduce admissible evidence establishing a prima facie/material change in circumstances or reasonable grounds for a variation; the father's proposals were consistent with prior rejected positions, included inadmissible hearsay, and given the history of vexatious litigation and the child's apparent well-being under the current plan, granting leave would not be in the child's best interests.

Source excerpt

• Leave to apply
• Variation of parenting time
• Section 54b parenting and support act
• Frivolous or vexatious proceedings
• Best interests of the child

Read case analysis

L.L. v. A.I.

Court

Supreme Court of British Columbia

Appeal dismissed in a family-law parenting case. The court upheld the trial judge’s best-interests analysis, including consideration of Indigenous heritage, and rejected bias and factual error claims.

• Best interests of the child
• Cultural continuity and indigenous identity
• Parenting schedule
• Judicial bias
• Admissibility and weight of surreptitious recordings
• Standard of appellate review

Read case analysis

Marriott v. Marriott

Court

Supreme Court of British Columbia

In this urgent family law application, the court allowed travel to Romania and Austria, ordered passport renewal and mutual travel authorizations, and declared both parents guardians.

• Vacation parenting time
• Travel authorization
• Passport renewal and control
• Guardian status
• Risk assessment re travel to conflict zones
• Family-law

Read case analysis

Kular v. Kular

Court

Supreme Court of British Columbia

The court varied parenting transportation and child support, unfroze two RBC accounts, and ordered each party to bear their own costs.

• Pickup and drop-off arrangements
• Variation of child support
• Unfreezing of bank accounts
• Disclosure of income and employment
• Costs
• Child-support

Read case analysis