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The Court of Appeal for Ontario dismissed motions to dispense with transcript requirements and a motion to stay child support, and ordered grouped appeals with shared transcript costs.
The Court of Appeal for British Columbia dismissed an application to stay several family-law orders, including a s. 221 restriction, sale of property, and costs.
The court dismissed J.T.P.’s stay request, refused leave for several post-judgment applications, entered the final order, and allowed most trust funds to be released to K.S.
The motion for a stay was dismissed because the appeal likely raises no serious issue given the order is interlocutory and this court likely lacks jurisdiction, the mother failed to show irreparable harm to the child, and the balance of convenience favoured refusing the stay.
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The court held that r.1(8) gives a motion judge broad remedial authority to make temporary parenting and related therapeutic orders necessary to enforce a prior parenting order where there has been non‑compliance; the motion judge’s factual findings—largely drawn from the father’s own evidence and therapists’ reports—that the father engaged in conduct amounting to parental alienation were adequately supported, the orders served the children’s best interests and were not punitive contempt sanctions; the restraining order was largely lawful though varied on consent to accommodate employment pro…
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Motion to intervene denied because the late notice and likely prejudice to the respondent outweighed the proposed intervener's potential contribution in a private family dispute where the appellant was represented by senior counsel and the Divorce Act amendments were not operative at trial.
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The motion judge's findings that the respondent wilfully and deliberately breached multiple, specific provisions of the consent order were supported by credible affidavit evidence and corroborating text messages (including explicit renunciation of court authority), satisfying the requisite standard beyond a reasonable doubt; the penalties imposed fall within the broad discretion conferred by r.31(5) of the Family Law Rules; and the proposed fresh evidence was inadmissible because it would not displace the motion judge's findings and was largely late or more appropriately considered in Superio…
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Federal Court granted judicial review of an H&C refusal, finding the officer’s reasons unreasonable because the record was incomplete and the child’s language evidence was not considered.
The Federal Court dismissed judicial review of a temporary resident permit refusal, finding no procedural unfairness and that the best interests analysis was reasonable.
Parents must be parties to an application for a declaration that a child has withdrawn from parental control, but the court has broad discretion to limit or define their participation; the court must consider more than age alone, including reasons for and utility of the declaration; the fresh psychiatric affidavit was not admissible as fresh evidence; the declaration in this case was properly made and rendered custody issues moot.
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