Canada Case Law

A.A.L. v. A.F.L.

Court

Supreme Court of British Columbia

The court held that (1) relocation to Vernon by Ms. L is permitted and she will remain the primary caregiver because that arrangement best serves the children's stability and welfare given her primary caregiving role and available support; (2) a graduated parenting regime is ordered increasing Mr. L's unsupervised parenting time with specified transition periods; (3) on income the court accepted agreed imputations: Mr. L's income imputed to $192,370 (May-Dec 2024) and $239,130 (from Jan 1, 2025); Ms. L's income imputed to $65,000 up to Oct 1, 2025 and $75,000 thereafter; (4) child support and…

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• Relocation
• Parenting arrangements
• Child support
• Spousal support
• Cohabitation agreement interpretation
• Property valuation

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Zhai v. Wong

Court

Supreme Court of British Columbia

Application dismissed because applicant failed to demonstrate on the affidavits that the interim relocation was made in good faith and provided sufficient, concrete arrangements; the imminent trial, lack of detail about required in-person events, risk of disrupting the child's schooling, unanswered affordability and tuition issues, and an existing Provincial Court non-removal order made the matter inappropriate for interim relief and better resolved at trial.

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• Relocation
• Best interests of the child
• Good faith test
• Non-removal order
• Schooling disruption

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L.K.M. v. T.G.T.

Court

Supreme Court of British Columbia

The court granted the claimant a $160,000 interim distribution of family property and dismissed the respondent’s matching request, finding his application would prejudice the claimant.

• Interim distribution under s.89 fla
• Relocation
• Child support and special expenses
• Lump sum spousal support claim
• Excluded property claim
• Dissipation

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Manuel v. Crawley

Court

Supreme Court of Nova Scotia

The proposed move constitutes a relocation because the increased distance and commuting burden can reasonably be expected to impact the child–father relationship; section 18H(1A)(e) applies because the parties’ clear verbal agreement does not vest a 'vast majority' of time with one parent (mother has 77%); accordingly both parties bore the burden to prove best interests. Applying the statutory best interests factors and relevant jurisprudence, the court concluded that relocation to Grande Prairie is in the child’s best interests because the mother’s plan to upgrade education and improve finan…

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• Relocation
• Best interests of the child
• Burden of proof
• Parenting time and schedule
• Parenting and support act interpretation

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Botten v. Dupuis

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a family arbitration relocation award, upheld the relocation order, and rejected fresh evidence and procedural fairness complaints.

• Relocation
• Best interests of the child
• Procedural fairness
• Jurisdiction of arbitrator
• Admission of fresh evidence
• Standard of review

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P.M.Z. v. D.J.T.

Court

Supreme Court of British Columbia

Registrar Gaily assessed special costs in a high-conflict family matter, allowed targeted reductions for certain bill entries, and set the award at $117,036.32.

• Special costs
• Costs assessment
• Proportionality
• Disclosure/financial statements (f8)
• Breach of court orders
• Protection orders

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Botten v. Botten

Court

Supreme Court of British Columbia

On appeal from a family law arbitration award, the Court confirmed most of the relocation order to Rome but set aside the school-selection term for lack of jurisdiction.

• Child relocation
• Best interests of the child
• Standard of appellate review
• Burden of proof in relocation cases
• Double bind provision
• Maximum contact principle

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T.F. v. J.F.

Court

Supreme Court of British Columbia

The court authorized the mother's relocation of the children to Regina, granted divorce, set parenting terms with sobriety and supervision conditions, ordered child support, and ended a protection order.

• Relocation of children
• Best interests of the child
• Parenting time
• Decision-making responsibility
• Family violence impact
• Notice and burden under divorce act

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K.H.D. v. O.O.M.

Court

Supreme Court of British Columbia

The court allowed the respondent’s interim relocation of the children to Florida, found the move served their best interests, and dismissed the claimant’s competing application.

• Relocation
• Best interests of the child
• Interim relief
• Parenting time
• Decision-making authority
• Protection order

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A.J.L. v. J.G.L.

Court

Supreme Court of British Columbia

The court awarded the claimant ordinary costs of the first family trial, refused double costs on a settlement offer, and ordered payment forthwith after assessment.

• Relocation
• Parenting arrangements
• Costs awards
• Offers to settle (rule 11-1)
• S. 211 report
• Apportionment

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