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Decisions matching the current search
The Court of Appeal held that a BC resident added as a plaintiff could seek class certification under the CPA, and dismissed the appeal.
The court found no jurisdiction for retroactive child support for C1, ordered retroactive support for C2, dismissed arrears relief, and awarded costs to the respondent.
The court dismissed a mother’s application to vary sole custody and change a child’s school, finding no material change in circumstances since the 2010 order.
The court varied a custody order after finding a material change in circumstances, including the respondent’s unwillingness to care for the children and evidence of parental alienation.
The Court of Appeal dismissed both appeals in a parenting dispute, upholding a variation to shared parenting time after the mother’s recovery and refusing to decide new Family Law Act issues on appeal.
The Ottawa court erred by proceeding to dismiss the confirmation motion without a proper record transmitted as required by s.18(3) of the Divorce Act; the order was set aside and the matter remitted for confirmation where the respondent now resides (Alberta).
Source excerpt
Lyn-Gor is a non‑Nova Scotian corporation without assets in Nova Scotia and with uncertain financial status and multiple ongoing litigations, creating a legitimate risk it could not satisfy costs awards; under Rule 42 and relevant authority security for costs is warranted; Civil Procedure Rule 9.08(2) requires a resident duly authorized officer to represent a corporation in the province and Mr. Genge’s transient hotel stays do not constitute residency, therefore he must be prohibited from representing Lyn-Gor.
Source excerpt
The court made a provisional variation of child support, imputed income to the applicant, declined to transfer the access issue to Manitoba, and set further deadlines.
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