Canada Case Law

Low v Smith

Court

Supreme Court of Nova Scotia

On the totality of the evidence the father had not satisfied the court‑imposed conditions for expanded parenting, continued a pattern of emotional/psychological abuse, engaged in litigation/technological/financial coercion, failed to comply with disclosure and therapeutic requirements, and demonstrated a risk of absconding; therefore termination of his court‑ordered specified parenting time (both in‑person and virtual) and conversion of the mother to sole care was necessary and in the children’s best interests; father’s request to reduce child support was dismissed for lack of adequate financ…

Source excerpt

• Parenting time review
• Variation of order
• Best interests of the child
• Coercive control/psychological abuse
• Imputation of income
• Enforcement and arrears

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Greschner v. Greschner

Court

Supreme Court of British Columbia

Appeal allowed in part for procedural unfairness in a family-law parenting dispute. The court set aside parts of the provincial orders and ordered a future hearing with viva voce evidence.

• Parenting time
• Consent order
• Procedural fairness
• Affidavit vs viva voce evidence
• Relocation
• Best interests of the child

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K.M.E.S. v. D.M.S.

Court

Supreme Court of British Columbia

Interim parenting order granted in part: primary residence stayed with the mother, while the father received structured additional parenting time pending a s. 211 report.

• Interim parenting orders
• Parenting time
• Best interests of the child
• Section 211 family assessment
• Denial of parenting time (s.62)
• Interim-parenting-orders

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J.I.M. v. J.M.M.

Court

Supreme Court of British Columbia

Interim family law reasons set a phased parenting schedule, cancel a protection order, replace it with conduct orders, and deny a police enforcement clause.

• Protection order
• Conduct order
• Supervised parenting time
• Parental responsibilities
• Section 211 report
• Police enforcement clause

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N.L. v. T.L.

Court

Supreme Court of Nova Scotia

Because the mother has been the primary caregiver since the child's birth and family violence by the father (including a conviction for assault) undermines shared decision‑making, the mother is awarded primary care, residence and sole decision‑making. The father repeatedly failed to comply with orders to provide up‑to‑date financial disclosure; pursuant to the Guidelines and case law, the court imputes annual income to the father of $64,798.02 (based on Canadian Armed Forces pay increases and judicial notice of public pay information) and sets prospective table support at $553.70/month commen…

Source excerpt

• Best interests of the child
• Imputation of income
• Retroactive child support
• Costs
• Judicial notice of pay scales

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E.R.G. v. J.R.G.

Court

Supreme Court of British Columbia

The court dismissed the mother’s relocation application to move the children from Vancouver to Calgary, finding the children’s stability and school ties in Vancouver outweighed the proposed benefits.

• Relocation
• Best interests of the child
• Parenting time
• Section 211 report
• Credibility findings
• Best-interests-of-the-child

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C.K.C. v. P.R.C.

Court

Supreme Court of British Columbia

The court granted divorce, set aside a U.K. property trust deed, ordered conditional parenting time and child support, and divided family property with set-offs.

• Divorce
• Parenting time
• Guardianship
• S.211 psychological report
• Section 7 special expenses
• Declaration of trust

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L.V.J. v. E.M.S.

Court

Supreme Court of British Columbia

Family law trial turning on parenting time, parental responsibilities, and a s. 211 report, with a graduated increase in the father’s time and fines denied.

• Parenting time
• Parental responsibilities
• Section 211 report
• Best interests of the child (s.37 fla)
• Parenting coordinator/counselling
• Enforcement and fines (ss.213/228 fla)

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C.Y.J. v. R.J.

Court

Supreme Court of British Columbia

Trial judgment in a high-conflict family case: divorce granted, name change ordered, spousal support dismissed, and an 18-month protection order made against the claimant.

• Protection order
• Conduct order
• Date of separation
• Valuation date for property
• Division of family property
• Imputed income

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S.A.T. v. D.I.T.

Court

Supreme Court of British Columbia

High-conflict family trial on spousal support, excluded property, and reapportionment. The court found family violence, awarded non-compensatory support, and reapportioned family property 60/40.

• Reapportionment under s.95 fla
• Excluded property under s.85 fla
• Spousal support entitlement and quantum
• Imputation of income
• Findings of family violence
• Disclosure/non-disclosure

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