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The Ontario Court of Appeal dismissed Kenneth Greer’s sentence appeal and upheld a five-year global sentence for offences arising from escalating intimate partner violence and firearms offenses.
On the evidence, focusing solely on J's best interests, the court found that Mr. Power's pattern of coercive and undermining conduct had harmed J's relationship with his mother and that Ms. Power proved that relocation to Colby Village and a change to primary care with the mother having final decision-making over sporting activities were in J's best interests; accordingly relocation was permitted effective immediately and the parenting schedule was modified with an initial reduced-contact transition period for the father.
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The Ramsay interim order was varied because developments since the initial order (mother's move to West Vancouver and a concrete preschool plan) constituted compelling reasons; the Twins' best interests require stability by attending local preschool, weekday parenting allocation to the mother to support that stability, and limiting long uninterrupted periods of parenting by the father due to credible findings of family violence and documented anger-management concerns; communication/conduct restrictions in the Ramsay Order remain in force; a s.211 FLA report is ordered to assess all three chi…
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Applying the best‑interests framework the court imposed a detailed, predictable holiday and parenting schedule and ancillary measures to minimize conflict and protect the child's stability: grant respondent regular BC parenting blocks and structured summer/winter/spring allocations, maintain joint guardianship with mediation for disputes, limit broad documentary disclosure while ordering targeted information exchange (RESP year‑end statements, medical and activity details), require third‑party processing and custody protocol for the child's passport, permit specified short cross‑border ground…
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Most of K.M.'s allegations of physical and sexual violence were not proven on a balance of probabilities; credibility findings favored N.C. on those incidents but identified some harassing/intimidating conduct by N.C.; parties' marriage-like relationship commenced 28 January 2015 and lasted 18 months; C.C.'s best interests require primary parenting with N.C. and limited, structured parenting time with K.M. (every other weekend Friday after school to Monday morning) with specified vacation schedule; parental decision-making allocated (education and medical to N.C., religion to K.M., extracurri…
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Ms. More was the more successful party on the pivotal issues (family violence, relocation and supervision) and made reasonable, favourable settlement offers which Mr. MacDonald unreasonably refused; given the non-monetary nature and importance of the issues and comparable reasonableness of Ms. More's legal fees, a lump sum costs award calculated by applying 55% to fees incurred before the August 27, 2024 offer and 80% to fees incurred after that offer is principled, resulting in an award of $82,000 which Mr. MacDonald must pay within 45 days.
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On the balance of probabilities the parties separated on September 15, 2021; that separation date triggers the two‑year limitation under s.198(2)(b) of the Family Law Act and therefore the claimant's Part 5/6 claims are time-barred; the children's best interests favor stability so they remain at their Maple Ridge school; equal shared parenting time on the existing 2-2-5-5 schedule (with rotation swapped) is appropriate; claimant's income is reasonably imputed to $53,000 commencing June 1, 2025 (12 months after birth) for child support purposes, producing specified retroactive and prospective…
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On balance of probabilities the children’s best interests required primary residence with the mother and final decision‑making for major issues vested in the mother (with specified exceptions), because the parties’ long history of high conflict, substantiated child‑protection concerns and practical deficiencies in the father’s childcare plan (distance, unpredictable work hours, lack of reliable third‑party exchanges) made joint custody or week‑on/week‑off shared care likely to expose the children to ongoing conflict and instability. The father was granted regular parenting time (every second…
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The court granted a limited interim expansion of the claimant’s parenting time, ordered a Views of the Child report, required financial disclosure, and kept the protection order otherwise in place.
The court granted the father's relocation application, ordering the children to live with him in Calgary and setting parenting-time and decision-making terms.
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