Canada Case Law

R.S.G. v. H.K.M.

Court

Supreme Court of British Columbia

On a balance of s.37 factors and considering the Finlay report (admissible but to be weighed), a gradual interim increase in father's parenting time to Thursday 9:30 a.m. to Saturday 6:00 p.m. (effective May 7, 2026) is in the children's best interests because both parents are capable, the children have strong relationships with both families, the increase mitigates prior imbalance and is gradual to preserve stability.

Source excerpt

• Parenting time
• Best interests of the child
• Interim variation under family law act
• Section 211 assessor report admissibility
• Family violence allegations

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T.Y.W. v. V.Y.W.L.

Court

Supreme Court of British Columbia

On the evidentiary record the court found a prima facie entitlement to interim relief and insufficient disclosure combined with family expenses that justified imputing the father's Guideline income by an expense gross‑up approach. The court imputed the father a Guideline income of $565,000 per annum based on estimated family after‑tax expenses of $312,000, ordered a reduced interim distribution of $230,000 under s.89 FLA as necessary to enable balanced participation, ordered interim child support of $9,276/month and interim spousal support of $7,000/month commencing January 1, 2026 (inclusive…

Source excerpt

• Interim distribution s.89 fla
• Section 91 property restraining orders
• Guideline income imputation (s.19)
• Document disclosure and sanctions
• Interim child and spousal support
• Fines for non‑disclosure

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M.D.S. v. K.D.S.

Court

Supreme Court of British Columbia

On the evidence the court was not satisfied that Mr. S's marihuana use or past limited cocaine use created objective risk to the children; the best interests analysis favored a gradual increase to shared parenting on the applicant's staged schedule (with a modification increasing virtual contacts), change to the Horn guardianship model, and no conduct restriction or mandatory testing at this time; a review provision was ordered allowing either party to apply without proving a material change of circumstances on or after July 1, 2026.

Source excerpt

• Parenting time
• Guardianship model (joyce v horn)
• Best interests of the child
• Hair follicle drug testing
• Conduct orders
• Costs

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Kaur v. Singh

Court

Supreme Court of British Columbia

The court reduced interim child support after a disability designation, but refused to reopen past arrears already dismissed in an earlier application.

• Variation of interim order
• Res judicata
• Arrears cancellation
• Imputation of income
• Pwd designation as change of circumstances
• Driver's licence enforcement and employment

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D.P. v. F. M.

Court

Supreme Court of Nova Scotia

The court found the post-separation daytime-only status quo was unilaterally created by the mother and therefore could not be preserved if it unduly restricted the child's contact with her father; both parents are capable caregivers and family violence did not currently impair parenting ability; applying PSA s.18 factors and shared-parenting guidance, the child's best interests require interim shared parenting with a gradual increase in time (initial weekly overnight and short visits, then a transition to a 2-2-3 schedule) to maximize contact while minimizing disruption.

Source excerpt

• Best interests of the child
• Status quo
• Shared parenting
• Self-help/unilateral status quo
• Parenting schedules

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Roeske v. Roeske

Court

British Columbia Court of Appeal

British Columbia Court of Appeal dismissed an appeal over retroactive and ongoing child and spousal support, upholding the trial judge’s use of actual income and an indefinite spousal support order.

• Retroactive support
• Imputation of income
• Duration of spousal support
• Calculation based on prior vs current income
• Fresh evidence (palmer test)
• Standard of review

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A.M.S. v. M.D.P.

Court

Supreme Court of British Columbia

The court dismissed a request to vary an interim parenting order, finding no sufficient material change in circumstances and no basis for a broad social media restriction.

• Parenting time
• Variation of interim order
• Best interests of the child
• Conduct orders and social media
• Addiction and mental health in parenting
• Parenting-time

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C.K.C. v. P.R.C.

Court

Supreme Court of British Columbia

The court dismissed a family-law application to vacate consent orders, kept the parenting restrictions in place, extended a protection order briefly, and narrowed a conduct order about counsel online.

• Consent orders
• Vacation of orders
• Parenting time
• Primary residence
• Supervised parenting
• Protection order

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L.E.S. v. J.C.S.

Court

Supreme Court of British Columbia

The court dismissed a respondent’s application to vary interim child and spousal support, finding no material change in circumstances and no basis to impute income to the claimant.

• Variation of interim order
• Imputed income
• Spousal support advisory guidelines
• Section 216 family law act
• Interim costs
• Family-law

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R.A.B. v. T.L.B.

Court

Supreme Court of British Columbia

The court varied an interim without prejudice parenting order to adopt parts of a s. 211 report, and appointed a parenting coordinator with limited authority.

• Variation of interim order
• Parenting schedule
• Appointment and scope of parenting coordinator
• Section 211 report
• Best interests of the child
• Change in circumstances

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