Canada Case Law

Edwards v. Edwards

Court

Supreme Court of Nova Scotia

There was a material change in the child's circumstances due to the COVID-19 pandemic and public health recommendations; federal publications recommending vaccination were admissible under the public document hearsay exception and were not contradicted by reliable evidence; on balance and in the child's best interests the father was granted sole decision-making authority to consent to COVID-19 vaccination and boosters.

Source excerpt

• Decision-making responsibility
• Variation of corollary relief order
• Best interests of the child
• Public document hearsay exception
• Covid-19 vaccination

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Cadwell Estate v. Martin

Court

Supreme Court of British Columbia

The court held the $170,000 family payment was a loan, not an equity investment or resulting trust. The repayment schedule was forged and the claim was statute-barred.

• Resulting trust
• Constructive trust
• Purchase money resulting trust
• Demand loan
• Limitation period
• Promissory estoppel

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Boughton v. Widner Estate

Court

Supreme Court of British Columbia

The court held Sara Boughton was a spouse under WESA, found the children were the deceased’s descendants, and awarded the estate $150,000 plus interest for unjust enrichment.

• Intestacy under wesa
• Spousal status (marriage-like relationship)
• Resulting and constructive trust
• Principled hearsay admissibility
• Juristic reason in unjust enrichment
• Division of estate under s.22 wesa

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