Canada Case Law

Rennie v. West

Court

Supreme Court of Nova Scotia

Although the court found a material change in the child's circumstances based on intensified medical and behavioural needs including a December 2024 autism diagnosis, the evidence did not support that reducing the father's parenting time was in the child's best interests; therefore the application to change the parenting schedule was dismissed but a variation order was issued imposing remedial and cooperative measures (parenting education, use of a parenting app, shared routines, appointment attendance) and child support adjustments were referred to a conference after financial disclosure.

Source excerpt

• Parenting time variation
• Best interests of the child
• Material change of circumstances
• Parenting orders
• Family violence
• Parenting education

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DS v. AS

Court

Supreme Court of Nova Scotia

Given entrenched mistrust, poor communication, history of DS as primary caregiver and concerns about AS's judgment and substance use, joint decision-making and equal/shared time would not be in the children's best interests; therefore DS is appointed sole decision-maker and primary residential parent. Income was imputed to AS for non-taxable employee benefits ($12,805) but not for alleged underemployment or uncertain corporate revenues; child support was calculated retroactively and prospectively based on the imputed incomes, and AS ordered to pay 50% of section 7 childcare and medical plan c…

Source excerpt

• Decision-making responsibility
• Parenting time and schedule
• Imputation of income
• Section 7 expenses
• Retroactive child support
• Credibility assessment

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Isnor v Boutilier

Court

Supreme Court of Nova Scotia

Given the mixed but predominantly successful outcome for the mother, the non-monetary importance and complexity of the issues, the absence of a clear 'amount involved' for tariff calculation, the case law permitting a lump sum in such circumstances, and after assessing offers to settle and conduct, the court exercised its discretion to award party-and-party lump sum costs of CAD 21,909.60 to the mother rather than apply Tariff A or a rule-of-thumb per diem calculation.

Source excerpt

• Parenting time
• Decision-making authority
• Imputation of income
• Retroactive child support
• Party and party costs
• Lump sum costs vs tariff

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G.N. v J.D.

Court

Supreme Court of Nova Scotia

Applying s.18 factors, the father was granted primary care and sole decision-making because he demonstrably provides stability, safety, consistent child-focused decision-making, and meets the child's health, educational and social needs; the mother has a documented history of child protection interventions, untreated substance abuse and mental health issues, exposure to family violence including an infant's life‑threatening injuries in her household, and lacks insight and consistency—risks that make unsupervised parenting unsafe. Supervised parenting time was ordered as a limited protective m…

Source excerpt

• Primary care
• Supervised parenting time
• Decision-making authority
• Best interests of the child
• International travel/passport

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Community Services (Nova Scotia) v. SO, NB

Court

Supreme Court of Nova Scotia

Consolidation was declined because it would extend the CFSA timeline and the core dispute concerns private parenting issues appropriately decided under the Divorce Act/PSA; bridging orders that materially change the interim parenting arrangements were denied because such changes require evidence and a best-interests determination in the private forum; a limited bridging order concerning agreed arrangements for parenting exchanges may be granted if the parties agree.

Source excerpt

• Bridging order
• Consolidation
• Parenting plan
• Best interests of the child
• Cfsa timeline
• Parenting exchanges

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Shipton v. Shipton

Court

Court of Appeal for Ontario

The Court of Appeal allowed the appeal, holding the trial judge's relocation decision must be set aside because his written reasons disclose material errors of fact and law: significant misapprehension and omission of evidence regarding alleged coercive control, unfounded assumptions about the mother's and maternal family's attitude to the child's Indian heritage and community in Ireland, improper recharacterization of the relocation as a support case, and erroneous application of the burden/presumption under s.16.93; the proper remedy is a new trial on an expedited basis if parties cannot ag…

Source excerpt

• Best interests of the child
• Relocation
• Burden of proof/presumption
• Coercive control
• Reasonable apprehension of bias
• Support vs relocation

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N.L.G. v. J.M.G.

Court

Supreme Court of British Columbia

The court varied child support after finding shared parenting ended on September 1, 2022 and declined to find parental alienation on the record.

• Shared parenting
• Child support guidelines s.9
• Modification of consent order
• Financial disclosure
• Counselling orders
• Child-support

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CB v. AB

Court

Supreme Court of Nova Scotia

The court granted the divorce and ordered a buy-out/sale process for the matrimonial home because the parties agreed the appraised value and the mortgage balance used for calculations was reliable; net equity was calculated and equal division principles applied. AB was given a limited option period (30 days) to buy CB's interest; if she fails CB has 30 days to buy; if neither buys the property CB controls a realtor sale. Other matrimonial assets (truck, trailer) remain with CB; pension to be divided at source; household contents remain with current possessor due to lack of valuation evidence.…

Source excerpt

• Buy-out order for matrimonial home
• Equalization payment
• Child support set-off
• Shared parenting and variation for material change
• Section 7 special expenses (childcare)
• Court-ordered communication protocol

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S.K.G. v. v. B.S.G.

Court

Supreme Court of British Columbia

The court refused to authorize the child's relocation to Buffalo, finding the move contrary to the child's best interests. The child will remain in Vancouver with the father.

• Best interests of the child
• Relocation under s.16.92 divorce act
• Family violence assessment
• Section 211 psychological report
• Parenting time allocation
• Burden of proof under s.16.93

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JP, JLP v DM,

Court

Supreme Court of Nova Scotia

Primary care remains with the father (JLP) and paternal grandmother (JP) because the Voice of the Child expresses a clear and free preference to remain in their home, there is no current evidence undermining DM’s parenting capability but a week-about shared parenting would cause unnecessary disruption to the child, and meaningful consultation with final decision-making vested in JLP (with JP consultable) protects the child’s stability while allowing increased specified parenting time for DM consistent with IL’s best interests.

Source excerpt

• Shared parenting
• Primary care
• Best interests of the child
• Voice of the child
• Specified parenting schedule

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