Canada Case Law

Lamons v. Boston

Court

Supreme Court of British Columbia

The student loan obtained in 2017-2018 was principally used for family living expenses and therefore constitutes family debt divisible between the parties; the respondent is liable for one half of the divisible student loan and related overpayments, and the court will order specified equalization and division of benefits while declining to infer that the respondent converted the 2018 transfer into a nonfamily asset remaining at separation absent adequate evidence.

Source excerpt

• Equalization
• Student loan as family debt
• Adverse inference for non-disclosure
• Workers' compensation benefits
• Cpp pension equalization
• Costs

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R. v. Nowack

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed Steven Nowack’s motion for production of redacted email material sought during his criminal appeal.

• Disclosure on appeal
• Fresh evidence
• Solicitor-client privilege
• Abuse of process
• Production under s. 683(1)(a)
• Trotta test

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Block v. Block

Court

Supreme Court of British Columbia

Costs were ordered to run from preparation of the claimant's April 6, 2017 application because that is the genesis of the issues decided at trial; special costs were declined because the reprehensible conduct found by the trial judge principally related to pre-litigation conduct (2011) and post-2017 conduct did not meet the high threshold for special costs; the December 23, 2021 settlement offer met Rule 11-1 and ought reasonably to have been accepted, so double costs are awarded from January 4, 2022 to October 2, 2024; outside that window costs are awarded as a matter of more than ordinary d…

Source excerpt

• Special costs
• Double costs
• Misrepresentation
• Disclosure obligations
• Separation agreement set aside
• Retroactive support

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R. v. Hawco

Court

British Columbia Court of Appeal

The trial judge's instructions misdescribed the fact-finding process by directing jurors to treat disputed facts established on a balance of probabilities and by suggesting a discrete two-step deliberative process, creating a real risk the jury convicted on less than proof beyond a reasonable doubt; the conviction was set aside and a new trial ordered; the Crown's sealing request was dismissed as unnecessary given the publication ban and record access policy.

Source excerpt

• Reasonable doubt
• Fact-finding process
• Jury charge misdirection
• Sexual assault
• Crown disclosure
• Records regime s.278.1

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R. v. Cox

Court

Nova Scotia Court of Appeal

The motion is dismissed because the Crown complied with its procedural and disclosure obligations, the appeal record on file contains the materials necessary to advance the grounds of appeal, the sworn evidence about the Voxlog system establishes recordings cannot be altered and the appellant produced no evidence of tampering or omission, and the additional full-day recordings sought were not shown to be relevant to the appeal.

Source excerpt

• Audio recordings
• Tampering allegations
• Post-conviction disclosure
• Prisoner appeal
• Appeal record preparation
• Remedies (setting aside conviction)

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T.Y.W. v. V.Y.W.L.

Court

Supreme Court of British Columbia

On the evidentiary record the court found a prima facie entitlement to interim relief and insufficient disclosure combined with family expenses that justified imputing the father's Guideline income by an expense gross‑up approach. The court imputed the father a Guideline income of $565,000 per annum based on estimated family after‑tax expenses of $312,000, ordered a reduced interim distribution of $230,000 under s.89 FLA as necessary to enable balanced participation, ordered interim child support of $9,276/month and interim spousal support of $7,000/month commencing January 1, 2026 (inclusive…

Source excerpt

• Interim distribution s.89 fla
• Section 91 property restraining orders
• Guideline income imputation (s.19)
• Document disclosure and sanctions
• Interim child and spousal support
• Fines for non‑disclosure

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A.B. v. C.D.

Court

Supreme Court of British Columbia

The court dismissed an interim sale of the former family home, increased the claimant’s interim distribution to $700,000, and ordered limited financial disclosure.

• Interim distribution
• Sale of family home
• Non-disposition orders
• Financial disclosure
• Marriage agreement validity
• Enforcement of consent order

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Way v. Schembri

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal against sanctions for documentary disclosure non-compliance, upholding the striking of a defence and dismissal of a claim.

• Documentary disclosure
• Striking statement of defence
• Sanctions for non‑compliance
• Standard of review for discretionary orders
• Civil-procedure
• Appeals

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R. v. Nowack

Court

Court of Appeal for Ontario

Motion in a criminal appeal dismissed where the Court of Appeal held that claimed TPS privilege answered the disclosure requests and no further disclosure was ordered.

• Stinchcombe disclosure
• Fresh evidence
• Abuse of process
• Third-party privilege
• Case management
• Stinchcombe-disclosure

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S.J.G. v. A.W.J.

Court

Supreme Court of British Columbia

Chambers reasons in a family law matter addressing a unilateral line-of-credit transfer, interim child support, disclosure, and expert-report timing.

• Interim relief
• Line of credit transfer
• Guideline income
• Jointly appointed expert
• Document production
• Examination for discovery

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