Canada Case Law

Kohut v. Yagelniski

Court

Supreme Court of British Columbia

The appeal is dismissed: the arbitrator acted within the scope of the parties' agreed last best offer process and did not exceed authority; because parties agreed no reasons would be provided and limited the arbitrator to selecting one complete offer, the court cannot infer or substitute findings to establish substantive legal error; DYD was a party to the arbitration; spreadsheets submitted did not introduce new evidence or cause material unfairness; clauses precluding child support review are unenforceable but severable and do not invalidate the award; costs awarded to respondent.

Source excerpt

• Last best offer arbitration
• Family relations act reapportionment
• Family law act arbitration review
• Child support variation
• Spousal support entitlement
• Procedural fairness/natural justice

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

Court

Supreme Court of British Columbia

Balancing the s.37 FLA factors and the need to preserve aspects of the status quo, the court ordered a graduated interim parenting plan to introduce overnight parenting at the father's residence in phases, ordered counselling under s.224 with a defined selection protocol and interim cost allocation (father 80%/mother 20% of joint sessions), granted mutual conduct orders to minimize children's exposure to conflict, declined to appoint a parenting coordinator as premature and adjourned that application for reassessment after July 1, 2026, and reserved costs with a timetable for written submissi…

Source excerpt

• Parenting time
• Best interests of the child
• Counselling orders (s.224 fla)
• Parenting coordinator
• Conduct orders (ss.222/227 fla)
• Interim orders

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Tuor v. Ross

Court

Supreme Court of British Columbia

The court dismissed a request for an interim property advance for living expenses, held the Family Law Act provisions cited did not authorize that relief, and made limited conduct orders.

• Interim distribution
• Conduct orders (ss.222,226,227 fla)
• Exclusive use of vehicle
• Jurisdictional dispute (habitual residence)
• Advances under family law act (s.89)
• Spousal support (divorce act)

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Lau v. Tao

Court

Court of Appeal for Ontario

The Court of Appeal corrected a $4,250 arithmetic error in equalization, but otherwise dismissed the appeal on tracing, RESP treatment, matrimonial home, and costs issues.

• Gifts and tracing
• Net family property
• Equalization payment
• Matrimonial home
• Registered education savings plan (resp) treatment
• Post-separation adjustments

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McKinley v. McKinley

Court

Supreme Court of British Columbia

The court found the parties permanently separated in December 2018, rejected any later reconciliation, dismissed the claimant’s property claim, and granted the respondent a divorce.

• Separation date
• Marriage-like relationship
• Division of family property
• Protection order
• Certificate of pending litigation (cpl)
• Credibility and reliability

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Vigen v. Murley

Court

Supreme Court of British Columbia

The court found the parties were in a marriage-like relationship for nearly 25 years and awarded the claimant an equal share of the Royston Property, subject to the respondent's excluded property claim.

• Marriage-like relationship
• Cohabitation
• Property division
• Excluded property
• Exclusive occupancy
• Attendance restriction

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R. v. Wood

Court

Supreme Court of British Columbia

The court found Ms. Wood guilty on all counts after concluding she intentionally drove forward while Mr. Reed stood in front of her truck, causing his leg injuries.

• Dangerous driving causing bodily harm
• Assault with a weapon
• Assault causing bodily harm
• Credibility assessment
• Necessity defence
• Admission of preliminary inquiry evidence

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C.C.B. v. A.V.B.

Court

Supreme Court of British Columbia

Application to vary an interim parenting order partly granted after the court found a material change in circumstances arising from the paternal grandmother’s terminal illness.

• Variation of interim parenting order
• Best interests of the child
• Material change of circumstances
• Family law act s.216
• Section 37 best interests factors
• Interim relief

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

Court

Supreme Court of British Columbia

The court decided a high-conflict parenting dispute, admitted Soberlink reports as business records, ordered continued BAC monitoring, and appointed a parenting coordinator.

• Best interests of the child
• Guardianship
• Parenting time allocation
• Bac monitoring / soberlink admissibility
• Parenting coordinator appointment
• Business records exception to hearsay

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J.R. v. M.R.

Court

Supreme Court of Nova Scotia

The credible evidence establishes ongoing concerns about the mother’s alcohol consumption and emotionally dysregulated, harmful behaviour toward professionals and her children; the court assigned no weight to the VCR due to procedural and scope defects; applying the child-centric best interests analysis and prioritizing the son’s physical, emotional and psychological safety, the mother is barred from unsupervised parenting time unless the father expressly agrees taking the son’s wishes into account; supervision specifics are left to the father; no express order for residential treatment or au…

Source excerpt

• Voice of the child
• Supervised access
• Alcohol addiction
• Parental capacity
• Best interests of the child
• Expert report admissibility

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