Canada Case Law

Hall v. Eggertson

Court

Supreme Court of British Columbia

The JCC consent order was a final order; a material change in circumstances was established based on the child's increased travel time, sleep deprivation and associated effects which could not have been reasonably contemplated; however the respondent's proposed variation (limiting the claimant to weekend parenting and altering weekday shared time) was not in the child's best interests because it would reduce stability, curtail meaningful relationships and extracurricular participation, and therefore the variation was refused; the Christmas variation was dismissed for lack of supporting eviden…

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• Best interests of the child
• Material change in circumstances
• Parenting schedule
• Judicial case conference consent orders

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S.E.P. v. A.C.M.

Court

Supreme Court of British Columbia

The court set an interim parenting schedule, ordered a full s. 211 assessment including the children’s views, granted a modified s. 91 asset restraining order, and left costs in the cause.

• Parenting time
• Section 211 hear the child report
• Section 91 asset restraining order
• Judicial case conference exemption
• Interim orders
• Parenting-time

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V.G. v. K.S.

Court

Supreme Court of British Columbia

The court dismissed a father's bid to end supervised parenting and expand time with his child, while granting limited reimbursement, disclosure, and costs relief.

• Parenting time
• Supervised visitation
• Variation of final order
• Best interests of the child
• S.7 special and extraordinary expenses
• Parenting coordinator

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McLean v. Gonzalez

Court

Supreme Court of Nova Scotia

Because Ms. Gonzalez failed to comply with disclosure orders and did not produce credible financial records or a business valuation, the court could not reliably value The Wedding Vogue and therefore declined to order division of matrimonial assets, drawing an adverse inference against her; on parenting, the evidence did not demonstrate a present risk requiring continued supervised access so unsupervised parenting time was ordered with specific schedule and the former home barred for parenting visits until remediated; decision-making provisions were revised to joint major-decision making with…

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• Credibility
• Division of matrimonial assets
• Business valuation and disclosure
• Parenting time (supervised v. unsupervised)
• Decision-making responsibility
• Income imputation

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A.J.S.A. v. K.L.W.

Court

Supreme Court of British Columbia

The court dismissed most penalty and contempt requests in this family enforcement application, but ordered further disclosure and steps toward property transfer.

• Enforcement of orders
• Payment orders under family law act ss.213/228/230
• Transfer of property
• Disclosure of financial documents
• Return of personal property
• Parenting time disputes

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E.F.K. v. R.J.

Court

Supreme Court of British Columbia

Court rejects a request to alter parenting authority over schooling, orders enrollment at the agreed school, fines a parent for breaching a conduct order, and grants limited disclosure.

• School choice
• Variation of court orders
• Document disclosure
• Breach of conduct order (s.228 fla)
• Costs
• Best interests of the child

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F.K.L. v. D.M.A.T.

Court

British Columbia Court of Appeal

Appeal dismissed in a parenting dispute. The court held the Family Law Act did not bar the father from relying on his wife to help care for the child during work absences.

• Parental responsibilities
• Guardianship
• Delegation of duties
• Relocation
• Best interests of the child
• Family law act s.43

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J.R. v. M.R.

Court

Supreme Court of Nova Scotia

On the uncontested evidence the father established grounds for divorce (one year separation), established he was the primary caregiver since May 2022 and that it is in the child's best interests that he have primary care, residence and sole decision-making; the mother's failure to disclose justified imputation of income at $28,288/year resulting in child support set at $239/month and an order for child support from January–November 2023 totaling $2,629 plus ongoing payments; retroactive support beyond the proven period was not awarded because the father did not establish effective notice or s…

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• Divorce
• Custody and residence
• Sole decision-making
• Parenting time
• Imputation of income
• Retroactive child support

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T.A.H. v. B.J.S.

Court

Supreme Court of British Columbia

Interim family-law decision on a proposed boarding-school placement and relocation notice requirements; the court dismissed the claimant’s application and made related parenting orders.

• Relocation
• Boarding school
• Best interests of the child
• Notice requirements
• Interim relief
• Views of the child report

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L.P. v. A.E.

Court

Supreme Court of British Columbia

Appeal dismissed in a family law dispute over child contact. The court upheld termination of the appellant’s contact, finding no reversible error in the best-interests analysis.

• Contact/parenting time
• Guardianship
• Best interests of the child
• Supervised contact
• Vexatious litigant
• Abuse of process

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