Canada Case Law

Jones v. Jones

Court

Supreme Court of British Columbia

The court concluded on the whole history of the family proceeding that the claimant habitually and persistently instituted proceedings that were vexatious because she repeatedly sought to relitigate issues already decided, engaged in deliberate and tactical delay, made an egregious misrepresentation to a judge and persisted in the same conduct thereafter, failed to comply with judicial directions and lacked insight; accordingly a limited s.18 order was necessary to prevent further abuse of process while preserving access to justice by requiring leave for new steps or proceedings related to th…

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• Vexatious litigant orders
• Abuse of process
• Summary trial
• Stay applications
• Costs

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Wang v. Sullivan

Court

Supreme Court of British Columbia

The Court dismissed the claimant's application to terminate Term #3 of the August 11, 2023 order because the Court of Appeal conclusively addressed and rejected the claimant's substantive challenges (issue estoppel) and the claimant failed to establish the heavy burden of prolonged inability to pay arrears; the Court dismissed the payment‑plan application because a chambers judge lacks jurisdiction to impose a payment schedule on a Court of Appeal costs judgment; the Court granted respondent international travel with the child as serving the child's best interests; and, on a holistic review o…

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• Child support
• Section 7 special and extraordinary expenses
• Costs orders and enforcement
• Vexatious litigant restrictions
• International travel with child
• Resp dispute

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Strutzenberger v. Strutzenberger

Court

Court of Appeal for Ontario

The Court of Appeal dismissed a motion to review the refusal of an extension of time to appeal, finding no error and no basis to disturb the motion judge’s decision.

• Extension of time to appeal
• Abuse of process
• Appearance of bias
• Support enforcement
• Costs
• Extension-of-time-to-appeal

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Horwood v. Hanna

Court

Supreme Court of British Columbia

The application is dismissed because the plaintiff offered no evidence tracing the alleged misapplied profits into the Evergreen Property and relied on deemed admissions that bind only the defaulting defendants, not competing third-party creditors; proprietary relief should have been pursued in an action joining all owners and chargeholders and cannot be imposed on the existing record.

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• Constructive trust
• Substantive vs remedial trust
• Deemed admissions
• Tracing of misapplied funds
• Priority of creditors
• Default judgment

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1238915 Ontario Limited v. Ferri

Court

Court of Appeal for Ontario

The Court of Appeal dismissed an appeal from the dismissal of motions to set aside a default judgment and to challenge authority to act, upholding costs.

• Setting aside default judgment
• Rule 19.08
• Rule 59.06
• Promptness and diligence
• Striking pleadings
• Prejudice to administration of justice

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Fulton v. Harvey-Fulton

Court

Supreme Court of British Columbia

Section 4.1(c) fixes spousal support for October 1, 2012 to October 1, 2028 based on the parties' incomes as of October 2012 and does not mandate automatic annual adjustments; adjustments require a review triggered by a material change in circumstances under ss.4.2 and 4.4 as constrained by ss.4.1(c) and 4.3, and the claimant complied with the insurance obligation so the respondent's enforcement application is dismissed.

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• Separation agreement interpretation
• Spousal support review
• Life insurance obligation
• Mediation clause

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Said v. Said

Court

Supreme Court of British Columbia

The court adjourned a contempt finding to trial, ordered additional steps to obtain UK financial records, and imposed a $5,000 fine for past disclosure non-compliance.

• Disclosure obligations
• Contempt
• Sanctions and fines under family law act
• Trial management
• Cross‑border financial disclosure
• Disclosure-obligations

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Young v. Young

Court

British Columbia Court of Appeal

Given the practical risk that costs would be unrecoverable because the appellant resides in Ecuador, has no known Canadian assets, stopped paying support, and did not file affidavit evidence, it is in the interests of justice to order security for costs of the appeal; however, because the appeal is not bound to fail and the appellant has limited financial means, ordering the full amounts sought or security for arrears or future support would unjustly preclude the appeal, and s.231 does not authorize security for future support, so security for costs is granted in a reduced amount of $3,500.

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• Spousal support
• Security for costs
• Imputed income
• Jurisdictional enforcement
• Appeal

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McCluskey v Tobin

Court

Supreme Court of Nova Scotia

Because the mother failed to provide full, credible financial disclosure and the evidence demonstrated self‑induced underemployment and available means (including sale proceeds), the court exercised its discretion under the Guidelines and Parenting and Support Act to impute the mother’s income at $80,000 effective January 1, 2024, and ordered reimbursement and cost awards under s.40 for reasonable and necessary travel, accommodation and reunification/counselling expenses incurred by the father to enforce parenting orders and to attempt reunification.

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• Relocation without consent
• Imputation of income
• Denial of parenting time
• Special and extraordinary expenses
• Cross‑jurisdictional enforcement
• Parental alienation

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Carter v. Carter

Court

Court of Appeal for Ontario

The Court of Appeal dismissed a family law appeal from a contempt finding, a 90-day jail sentence, and financial orders, holding the procedure was fair and the injunction covered new accounts.

• Contempt of court
• Mareva injunction
• Financial disclosure
• Custodial sentence
• Self-represented litigants
• Right against self-incrimination

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