Canada Case Law

Gill v. Gill

Court

Supreme Court of British Columbia

The Court found British Columbia has territorial jurisdiction because the child was habitually resident in BC; the respondent's continued pursuit of duplicative Nevada proceedings while making inaccurate representations about BC's orders and failing to bring a forum non conveniens/stay application in BC constitutes an abuse of process; an anti-suit injunction was denied as premature because the Nevada Supreme Court has remitted the forum non conveniens question to the Nevada District Court and comity requires allowing that process to run; as a proportionate remedy the respondent's Response to…

Source excerpt

• Habitual residence
• Forum non conveniens
• Abuse of process
• Anti-suit injunction
• Jurisdictional dispute
• Uccjea

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Knol Estate (Re)

Court

Supreme Court of British Columbia

The court ordered discovery and later cross-examination in a WESA s. 58 estate petition, and directed that jurisdiction be decided before any merits hearing.

• Curative provisions
• S.58 wesa
• Cjpta jurisdiction
• Forum conveniens
• Discovery and cross-examination
• Domicile determination

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Chad v. The King

Court

Tax Court of Canada

The Court found the FX trades themselves were real and legally effective contracts but, on the contemporaneous evidence, the taxpayer did not demonstrate an intention to pursue a profit once brokerage fees and expenses were considered; the trading was structured to realize a target loss in 2011 with strong hedging thereafter, so the activity was not a source of income under the ITA and the brokerage fee deduction for 2011 was not allowable. Because there was no source of income, GAAR was unnecessary.

Source excerpt

• Sham doctrine
• Source of income
• General anti-avoidance rule (gaar)
• Straddle trading
• Deductibility of expenses
• Accounting method

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Y.L. v. G.L.

Court

Supreme Court of British Columbia

The court set aside a written but unwitnessed separation agreement for non-disclosure and misunderstanding, then divided property, imputed income, and ordered child support.

• Marriage-like relationship
• Date of separation
• Excluded property (s.85)
• Valuation date (s.87)
• Setting aside property agreements (s.93)
• Unequal division (s.95)

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Erasmus v. Singh

Court

Supreme Court of British Columbia

Cross-applications in a family case over child support, s. 7 expenses, parenting time, and passport possession. The court set Guideline income, declined undue hardship, and made limited travel orders.

• Federal child support guidelines s.20 non-resident income
• Undue hardship s.10 guidelines
• Section 7 extraordinary expenses
• Parenting time and travel arrangements
• Passport possession
• Child-support

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Pangli v. Pangli

Court

Supreme Court of British Columbia

The court held British Columbia was the more appropriate forum under s. 11 CJPTA for a family dispute over an alleged loan, constructive trust, and fraudulent conveyance.

• Forum non conveniens
• Constructive trust
• Fraudulent conveyance
• Breach of contract
• Choice of law
• Jurisdiction

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Hormandinger v. Bender- Hormandinger

Court

Supreme Court of British Columbia

The court held it had jurisdiction simpliciter over claims concerning British Columbia land, but declined to exercise it under forum non conveniens and comity because German proceedings were already addressing the parties’ matrimonial assets.

• Jurisdiction simpliciter
• Forum non conveniens
• Partition of property
• Lex situs
• Marital property equalization
• Constructive trust

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Rojas v. Estevez

Court

Supreme Court of British Columbia

The court recognized a Costa Rican judicial separation, awarded compensation for a disposed property interest, declared a share in another property, and ordered lump sum spousal maintenance.

• Judicial separation
• Family assets
• Spousal support
• Child support
• Compensation order
• Recognition of foreign order

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Lloyd Blanchard v Ingrid A. Wuest

Court

Supreme Court of British Columbia

The court declined to order the child’s return on affidavit evidence alone, finding further proof was needed on California custody rights and grave risk of harm.

• Custody
• Habitual residence
• Hague convention article 12 return
• Wrongful removal
• Grave risk defence
• Foreign law proof

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