Canada Case Law

Wang v. Li

Court

Court of Appeal for Ontario

The Court dismissed the appeal because the trial judge’s credibility findings and documentary findings that the respondent was the source of RMB 8,800,000 and paid for the matrimonial home were supported by the record, the application of s.5(6) FLA made an equalization award unconscionable, the appellant was not entitled to spousal support, damages for abuse were properly awarded, and the proposed fresh evidence failed the fresh-evidence test and was rightly excluded.

Source excerpt

• Equalization of net family properties
• Matrimonial home ownership and trust claims
• Spousal support
• Damages for physical and psychological abuse
• Admission of fresh evidence on appeal
• Prenuptial/ante-nuptial declaration and unconscionability under s.5(6) fla

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P.G. v. A.G.

Court

Supreme Court of Nova Scotia

The court terminated the EPO because the Applicant's evidence contained significant credibility problems and, on the evidence as a whole, the conduct alleged did not constitute domestic violence that would cause a reasonable person to fear for their safety; even if some physical contact occurred, it was proportionate in defence of property and, in any event, there was no realistic threat of immediate harm warranting an EPO made forthwith.

Source excerpt

• Emergency protection order
• Domestic violence intervention act
• Credibility and evidence
• Urgency (forthwith) requirement

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Dowling v. Dowling

Court

Supreme Court of British Columbia

The court granted a Family Law Act protection order, finding a substantial history of family violence and a reasonable basis for the claimant’s fear of recurrence.

• Protection orders
• Family violence
• Parenting/child custody
• Consent orders
• Family-violence
• Protection-orders

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C.S. v. K.S.S.

Court

Supreme Court of British Columbia

Family law trial on property division, support, and a protection order. The court treated family advances as loans, ordered equal division, support, and a 12-month protection order.

• Division of family property
• Excluded property
• Family debt characterization (loans v gifts)
• Child support (guidelines)
• Spousal support (divorce act)
• Protection order under family law act

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R. v. Thompson

Court

Supreme Court of British Columbia

Sentence appeal dismissed. The court upheld a suspended sentence and one year probation for assault, and refused fresh evidence.

• Assault
• Conditional discharge
• Suspended sentence
• Fresh evidence
• Sentencing principles
• Aggravating factors

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MB1-06736

Court

Refugee Protection Division

Claimant failed to rebut the presumption of available state protection because she lived in Saint Vincent for over two years after separation without further harm, did not pursue police protection, and the documentary record established adequate legal and institutional mechanisms (domestic violence law, protection orders, trafficking legislation and police measures); therefore she is neither a Convention refugee nor a person in need of protection under IRPA.

Source excerpt

• Convention refugee determination
• State protection
• Gender-based persecution
• Trafficking in persons
• Protection orders

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TB1-02634

Court

Refugee Protection Division

Because substantial and contemporary documentary evidence and sworn expert testimony demonstrate that Dutch authorities have made and would continue to make serious efforts to protect the claimant, and the claimant failed to rebut the presumption of state protection with clear and convincing evidence, the claimant is not a Convention refugee and not a person in need of protection.

Source excerpt

• State protection
• Honour violence
• Burden of proof
• Convention refugee determination
• Risk assessment

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E.A.W. v. M.J.M.

Court

Supreme Court of Nova Scotia

The Justice of the Peace erred by using the Domestic Violence Intervention Act to resolve a custody/access dispute absent an urgent risk of domestic violence; because there was no immediate danger requiring 'forthwith' intervention the Emergency Protection Order was terminated.

Source excerpt

• Emergency protection order
• Domestic violence intervention act
• Custody and access
• Ex parte orders
• Best interests of the child

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TA9-23315

Court

Refugee Protection Division

The claimants failed to rebut the presumption of state protection for Israel and did not establish on the balance of probabilities a serious possibility of persecution or a risk of torture, risk to life or cruel and unusual treatment on return; accordingly their refugee protection claims are denied.

Source excerpt

• State protection
• Gender-based persecution
• Domestic violence
• Honour killings
• Credibility and omissions in pif
• Conversion to christianity

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TA9-02416

Court

Refugee Protection Division

The claim is rejected because the claimant's unexplained and significant delay in claiming, multiple material inconsistencies and lack of corroboration undermined her credibility and because she failed to rebut the presumption of adequate state protection in St. Vincent with clear and convincing evidence; therefore there was no serious possibility of persecution and the claims fail.

Source excerpt

• Sur place claim
• State protection
• Delay in claiming
• Credibility and corroboration
• Domestic violence
• Police response

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