Canada Case Law

Kaur v. Singh

Court

Supreme Court of British Columbia

Because the respondents repeatedly failed to disclose relevant financial records and material evidence of transfers from Mr. Singh to the Grandparents, the court drew adverse inferences and found those transfers supported a resulting trust in favour of Mr. Singh displacing indefeasible title; consequently the 68 Avenue Property was family property beneficially owned by Mr. Singh and Ms. Kaur and subject to equal division; income was imputed to Mr. Singh (including conservative rental income) based on disclosed records and adverse inferences; retroactive and lump sum prospective child and spou…

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• Division of family property
• Resulting trust
• Unjust enrichment
• Adverse inference for non-disclosure
• Credibility findings
• Imputation of income

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Chandler v. Chandler

Court

British Columbia Court of Appeal

Appeal allowed in part. The Court upheld the 2020–2022 income findings for child and spousal support, but set aside the prospective 2023 income determination.

• Federal child support guidelines
• Section 16 vs section 18 income determination
• Imputation of income
• Personal services corporation
• Partnership income
• Standard of review

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Mitchell v. Tallcree Tribal Government

Court

Canadian Human Rights Tribunal

The Tribunal will not resolve Tallcree’s jurisdictional/constitutional challenge as a preliminary matter because the legal and factual issues are complex and intermingled and a full evidentiary record is required; however, the Commission demonstrated that the requested categories of documents are arguably relevant and in Tallcree’s possession, so Tallcree must disclose membership lists since 1987, records about membership-list changes leading up to the 2018 election, the 2013 Election Code and subsequent versions, and documents concerning the Complainant’s voting eligibility since 1987, and m…

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• Disclosure obligations
• Jurisdiction
• Membership and citizenship
• Voting eligibility
• Solicitor-client and litigation privilege
• Section 5 chra discrimination

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Khouri and Khouri v. Virgin Mobile Canada

Court

Canadian Human Rights Tribunal

The Tribunal held that under Rule 6 the Respondent must disclose all non-privileged documents containing information about work done by or for the Respondent on the Virgin Mobile My Account App to address accessibility for blind and vision impaired users from March 8, 2019 up to the date of the hearing; this obligation includes the new version deployed in fall 2019 and all subsequent updates because the complaints allege ongoing discrimination and such documents are arguably relevant to issues at hearing.

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• Accessibility
• Document production
• Apps accessibility
• Wcag 2.0 compliance
• Ongoing disclosure obligations

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Shaw v. Bell Canada

Court

Canadian Human Rights Tribunal

The Commission met the low threshold of arguable relevance showing a rational nexus between requested documents and the issues including Bell's undue hardship defence and systemic aspects of the complaint; Bell must disclose the specified categories of documents (with reasonable refinements to narrow scope) and provide a revised Schedule B for privileged accessibility audits; confidentiality and commercial sensitivity are insufficient to defeat disclosure at this stage and can be managed by protective orders.

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• Document disclosure
• Arguable relevance
• Undue hardship defence
• Web accessibility (wcag)
• Solicitor-client and litigation privilege
• Confidentiality and privacy

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McDaid v. Bak

Court

Supreme Court of British Columbia

Interim family law application addressing sale of the former matrimonial home, disclosure, passport custody, and support. Sale was adjourned, and support and disclosure orders were made.

• Sale of former matrimonial home
• Production of financial documents
• Interim child support
• Interim spousal support
• Passport custody/possession
• Compliance with supreme court family rules

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Pearson v. Devaux

Court

Supreme Court of British Columbia

Summary trial over a common law relationship: the court found the Penticton home was held partly in trust for the claimant, but dismissed assault, pension and constructive trust claims.

• Resulting trust
• Constructive trust
• Spousal support
• Pension survivor benefits
• Credibility and evidence
• Disclosure obligations

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Yaffa v. Air Canada

Court

Canadian Human Rights Tribunal

Because the Complainant put his mental health and work impacts in issue, medical records related to depression, anxiety, insomnia or diminished self‑esteem from January 2008 to present are arguably relevant and must be disclosed to counsel only with confidentiality protections; the Complainant's complete human resources file for January 2007 to December 2013 (including sick leave and vacation dates since March 2010) is arguably relevant and must be disclosed; income tax returns are not arguably relevant to a claim limited to pain and suffering and are denied; the Commission's CATSA file for t…

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• Disclosure of documents
• Medical records confidentiality
• Systemic discrimination
• Security screening/no-fly lists
• Training and cultural sensitivity

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Shaw v. Shaw

Court

Supreme Court of British Columbia

The court found the defendant had concealed assets, fixed separation in 2002, ordered unequal division of family property, transferred the matrimonial home, and awarded nominal spousal support.

• Asset disclosure
• Division of family property
• Spousal support
• Date of separation
• Undisclosed assets
• Trust for children

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E.T.C. v. F.N.C. et al.

Court

Supreme Court of British Columbia

Interim family-law relief was granted in part and refused in part, including disclosure orders, housing and support arrangements, and limited litigation financing.

• Interim spousal support
• Interim child support
• Occupation of matrimonial home
• Document production and discovery
• Accounting of corporate/franchise operations
• Use of corporate assets to fund litigation

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