Canada Case Law

BM v DI

Court

Supreme Court of Nova Scotia

The court has jurisdiction to grant interim variations of a final parenting order (by statutory interpretation of 'order' in s.17 of the Divorce Act or by parens patriae), but applying the Gordon v. Goertz change-in-circumstances test to the fully tested evidence before the court, there was no material change in circumstances since the last order; therefore interim relief (supervision, PCA and SAE) was not justified and both interim motions were dismissed, with the final parenting order to remain in force and DI's parenting time to resume in November 2024.

Source excerpt

• Interim variation of final parenting order
• Parenting time supervision
• Parental capacity assessment
• Change in circumstances test
• Parens patriae jurisdiction
• Best interests of the child

Read case analysis

Dow Chemical Canada ULC v. Canada

Court

Supreme Court of Canada

The Supreme Court held that a Minister’s refusal to grant a downward transfer pricing adjustment under s. 247(10) of the ITA is not part of an assessment.

• Transfer pricing
• Ministerial discretion
• Jurisdiction of tax court vs federal court
• Judicial review
• Income tax assessment
• Standard of review

Read case analysis

Meshal v. Dort

Court

Nova Scotia Small Claims Court

The court held that charges directly arising from the claimant's renovations (administration fees, legal fees relating to the alteration dispute, fire watch and sprinkler repairs) were authorized under the Alteration Agreement and bylaws and therefore not recoverable, but legal fees paid for a defamation cease and desist letter were too remote to the alteration contract and fall within matters to be pursued in the appropriate forum; accordingly the corporation must reimburse $597.50 to the claimant and all other claims are dismissed.

Source excerpt

• Estoppel certificate
• Alteration agreement
• Security deposit
• Condominium common elements
• Legal fees reimbursement
• Small claims court jurisdiction

Read case analysis

Li v. Wang

Court

Supreme Court of British Columbia

The court resolved family-property, trust, conversion, child-support, parenting, and divorce issues arising from the breakdown of the Li-Wang relationship and related family business dealings.

• Resulting trust
• Family property division
• Conversion
• Breach of fiduciary duty
• Extraprovincial property jurisdiction
• Child custody/parenting orders

Read case analysis

J.F. v. M.M.

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia declined jurisdiction over parenting and child support issues because related Provincial Court FLA and CFCSA proceedings were already underway.

• Jurisdiction under fla s.194
• Parenting time
• Protection orders
• Interim supervision order (cfcsa)
• Judicial comity
• Declining jurisdiction

Read case analysis

Homann v. Briscoe

Court

Supreme Court of Nova Scotia

The child ceased to be a dependent at the end of June 2017 because his earnings and circumstances showed he could obtain the necessaries of life; no retroactive recalculation or support prior to January 2019 is ordered; the child reacquired dependent status when he enrolled at Holland College in January 2019 and father is ordered to pay child support of $651 per month for January–May 2019 payable directly to the child, subject to credit for any payments after June 30, 2017; claims for other special expenses and retroactive adjustments are dismissed.

Source excerpt

• Dependency of child
• Variation of support order
• Special or extraordinary expenses (s.7)
• Retroactive support
• Interjurisdictional enforcement

Read case analysis

Graydon v. Michel

Court

British Columbia Court of Appeal

The Court of Appeal held it lacked jurisdiction to order retroactive child support where the child was no longer a child when the application was brought.

• Retroactive variation of child support
• Definition of "child" under statute
• Jurisdictional limits
• Effect of without prejudice language
• Assignment of maintenance
• Retroactive-child-support

Read case analysis

Connell v. Connell Estate

Court

Nova Scotia Small Claims Court

The Director and the Small Claims Court lack jurisdiction to interpret a will or adjudicate rights arising solely from testamentary instruments; because determination of the nature of the purported life lease and related payment obligations requires interpretation of the will, the matter is within the exclusive jurisdiction of the Supreme Court and the Director’s order must be rescinded.

Source excerpt

• Jurisdiction
• Interpretation of wills
• Life lease
• Application of residential tenancies act
• Vacant possession

Read case analysis

Lewis v. Theoret

Court

Court of Appeal for Ontario

Although the monetary amounts fell within Divisional Court jurisdiction under s.19(1.2), the Court of Appeal exercised its discretion to decline the appellant's request to transfer the appeal because of the appellant's disregard of the existing order and error in bringing the matter to this Court, quashing the appeal and awarding costs to the respondent.

Source excerpt

• Retroactive child support
• Child support guidelines calculations
• Transfer to divisional court
• Court discretion to refuse transfer
• Enforcement by family responsibility office

Read case analysis

City Centre Property Management v. Al-khalifah

Court

Nova Scotia Small Claims Court

The Claim is within the ambit of the Residential Tenancies Act and the Director of Residential Tenancies is the exclusive first-instance forum for such disputes; the Small Claims Court is specifically excluded by statute (s.10(d)), and parties cannot confer jurisdiction by participating in the hearing; therefore the Small Claims Court lacks jurisdiction and the claim must be dismissed without prejudice to an application to the Director.

Source excerpt

• Jurisdiction
• Landlord-tenant
• Damage to property
• Burden of proof
• Exclusive jurisdiction

Read case analysis