Canada Case Law

S.P. v. H.B.

Court

Newfoundland and Labrador Court of Appeal

The appeal is dismissed because the applications judge acted within her discretion: she reasonably accepted the explanation for the affidavit error, properly exercised judicial discretion in accepting affidavit evidence on an interim hearing, reasonably found the appellant failed to disclose recent business records, and permissibly imputed $500,000 income for interim support under the Child Support Guidelines given non-disclosure; the costs award was within the judge's discretion.

Source excerpt

• Interim orders
• Imputation of income
• Credibility assessment
• Financial disclosure
• Costs
• Standard of appellate review

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R. v. Rutana

Court

Supreme Court of British Columbia

The court allowed a summary conviction appeal, holding the Provincial Court’s firearms-storage finding lacked notice and adequate reasons, then remitted the matter.

• Section 117.05 criminal code
• Firearms storage regulations s.5 sor/98-209
• Procedural fairness and notice
• Adequacy of reasons
• Forfeiture and prohibition orders
• Criminal-appeal

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Fawcett v. Read

Court

Supreme Court of British Columbia

On rehearing, the court set aside an interim contact order and restored the status quo, holding the claimant had not proved contact was in the child’s best interests.

• Contact with non-guardian
• Best interests of the child
• Standard of review for master's orders
• Parental responsibilities and deference to guardian
• Status quo pending trial
• Best-interests-of-the-child

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Romfo v. 1216393 Ontario Inc.

Court

British Columbia Court of Appeal

A British Columbia Court of Appeal case on striking an irregular appeal, extension of time, and whether related appeals should be heard together.

• Specific performance
• Negligent misrepresentation
• Joinder of parties on appeal
• Extension of time to appeal
• Striking irregular appeals
• Costs

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L.R.D. v. M.L.F.

Court

Supreme Court of British Columbia

The court dismissed a family-law appeal, upholding access, child-support income calculations, denial of undue hardship, and refusal to retroactively vary arrears.

• Access arrangements
• Imputation of income
• Grossing up tax‑free disability benefits
• Inclusion of care allowance in income
• Undue hardship under guidelines s.10
• Retroactive variation of child support/arrears

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R. v. Amabile

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal allowed the appeal, set aside the conviction under s. 212(4), and entered an acquittal, rejecting substitution of a lesser offence.

• Prostitution
• Sexual services
• Mens rea
• Actus reus
• Lesser included offence
• Indictment amendment

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