Canada Case Law

Iredale v. Dougall

Court

Court of Appeal for Ontario

The Court dismissed the appeal, endorsing the trial judge's findings that unjust enrichment by the respondent was adequately remedied by a monetary award reflected in the equalization calculation under the FLA (including valuation of the matrimonial home portion), that a remedial constructive trust or value‑survived award tied to the excluded gifted farm property was not warranted, that a limited five‑year spousal support award was appropriate, and that the motion to admit the 2018 appraisal was properly refused for lack of due diligence and prejudice to the respondent.

Source excerpt

• Equalization under family law act
• Constructive trust
• Joint family venture
• Value survived vs value received
• Spousal support duration and compensatory support
• Admission of fresh evidence

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Rong v. Tan

Court

British Columbia Court of Appeal

The Court of Appeal upheld orders voiding a fraud-based divorce, dividing family property equally, awarding lump sum spousal support, and dismissing fresh evidence.

• Setting aside divorce order obtained by fraud
• Date of separation
• Valuation date and exclusions
• Significant unfairness (unequal division)
• Imputation of income
• Lump sum spousal support

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Duwyn v. Ross

Court

Court of Appeal for Ontario

The appeal is dismissed because the trial judge acted within his discretion and applied the law correctly: the 2-2-3 equal parenting time and parallel decision-making orders were open to him on the evidence; the finding that the appellant waived retroactive child support was permissible; the proposed fresh evidence was cumulative and not admissible under Palmer; and there are no strong grounds to grant leave to appeal the costs award.

Source excerpt

• Parenting time
• Decision-making authority
• Retroactive child support
• Costs award
• Admission of fresh evidence on appeal

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Rhodes v. Myers

Court

British Columbia Court of Appeal

Appeal partly allowed in an estate dispute over a bolt ring and costs. The Court upheld the ring direction but admitted fresh evidence and remitted costs.

• Executor removal
• Inter vivos gift
• Testamentary capacity
• Jurisdiction of petition proceedings
• Trustee deadlock
• Costs remittal

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Sea v. He

Court

British Columbia Court of Appeal

On a family law appeal, the court allowed an RRSP tax adjustment and remitted compensation-payment costs, but dismissed the fresh evidence application and most other grounds.

• Equalization of family property
• Distributive tax adjustment
• Rrsp spousal rollover
• Compensation payment mechanics
• Imputation of income under guidelines
• Standard of review

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R. v. Bourdon

Court

Court of Appeal for Ontario

The Court held the trial judge correctly applied Gladue/Ipeelee by considering systemic and background factors and reasonably found they did not diminish the appellant's moral blameworthiness; the dangerous offender designation and imposition of an indeterminate sentence were justified on the evidence, including expert opinion of high recidivism risk and lack of rehabilitative potential; and the proposed post‑sentencing AICPM materials failed the Palmer test and were properly excluded as fresh evidence.

Source excerpt

• Gladue and ipeelee application
• Dangerous offender designation
• Indeterminate sentence vs determinate + ltso
• Admissibility of post‑sentencing fresh evidence
• Publication restriction (criminal code)

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Coad v. Lariviere

Court

British Columbia Court of Appeal

The Court allowed the appeal in part, finding the appellant was in a marriage-like relationship with the deceased and entitled to inherit on intestacy under WESA.

• Intestacy
• Marriage-like relationship
• Common-law spouse status
• Standing
• Trial fairness
• Fresh evidence (palmer test)

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K.H.D. v. O.O.M.

Court

Supreme Court of British Columbia

The court kept a protection order in place for the spouse, excluded the children from it, ordered interim weekend parenting time, and denied reopening the hearing.

• Family law act s.183 s.184 s.211
• Protection orders
• Parenting time
• Supervised parenting
• Reopening evidence
• Best interests of the child s.37

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R. v. Crowe

Court

Court of Appeal for Ontario

The Court reduced the possession of proceeds sentences to 18 months concurrent because the prior sentences exceeded the statutory maximum, found no appellate error in the sentencing judge's application of Gladue principles given the PSR, testimony and attempts to obtain a Gladue report, and refused to admit the proposed fresh evidence because it was not sufficiently cogent nor the product of due diligence and would not have affected the sentence.

Source excerpt

• Sentencing
• Gladue principles
• Possession of proceeds
• Statutory maximum
• Admission of fresh evidence

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R. v. McKibbin

Court

British Columbia Court of Appeal

The Court of Appeal admitted fresh COVID-19-related medical evidence, found the appellant’s COPD made custody exceptional, and suspended a six-month jail term.

• Sentencing
• Suspended sentence
• Probation
• Fresh evidence admissibility
• Covid-19 risk
• Medical vulnerability

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