Canada Case Law

T.E.R. v. S.M.

Court

Supreme Court of British Columbia

The application was dismissed because, on the facts, the pending s.211 assessment, the children's demonstrated emotional turmoil and academic difficulties, and the real risk that overseas travel would exacerbate a fragile parent-child dynamic or interfere with urgent reunification or other recommendations meant the risk of harm outweighed any educational or emotional benefit of the trip.

Source excerpt

• S.211 assessment
• Best interests of the child
• Parental decision-making
• Non-removal order
• Allegations of child sexual abuse
• Undue influence/alienation

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Bekar v. Mordo

Court

Supreme Court of British Columbia

The court ordered interim spousal support of $4,000 monthly, refused to set aside a protection order, and awarded Frankie the dog to Ms. Bekar.

• Interim spousal support
• Imputation of income from capital transactions
• Means - capital v. income
• Ex parte/without notice disclosure obligations
• Family law act s.97 companion animal factors
• Document production

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V.L.W. v. E.J.W.

Court

Supreme Court of British Columbia

The court set aside a without-notice protection order, found no likely family violence on the evidence, and ordered four children returned to the family home in British Columbia.

• Family law act s.1, s.183-s.185
• Without notice protection orders
• Assessment of likelihood of family violence
• Wrongful removal/relocation of children
• Best interests of the child
• Costs

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A.T.H. v. W.D.G.

Court

Supreme Court of British Columbia

Family law trial on property division, adult child support, spousal support, and enforcement. The court found a marriage-like relationship from November 2013 to November 2020.

• Marriage‑like relationship start and end dates
• Excluded property and tracing
• Division of family property and debt (part 5 fla)
• Section 96 excluded property applications
• Section 95 unequal division (significant unfairness)
• Section 146 – definition of child for support

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M.P. v. P.P.

Court

Supreme Court of British Columbia

The court found a marriage-like relationship from May 1, 2017 to March 21, 2022, denied relocation to Nevada, dismissed a protection order, and ordered shared parenting, support, and equal property division.

• Relocation
• Parenting time and decision-making
• Income imputation
• Family violence
• Equalization of family property
• Promissory notes

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Y.W. v. X.B.

Court

Supreme Court of British Columbia

Family law trial on parenting, support, and property division. The court found family violence, imputed income to the father, and ordered support and equalization payments.

• Parenting time
• Decision-making responsibility
• Guardianship
• Imputation of income
• Family violence findings
• Adverse inference/non-disclosure

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Bouchot v. Baldini

Court

Supreme Court of British Columbia

The court dismissed contempt and strike applications, set aside term 2 of a without-notice property order, and left a protection order in place without variation.

• Without notice orders
• Contempt of court
• Setting aside orders
• Protection order variation
• Exclusive occupancy
• Abuse of process

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J.A. v. K.A.

Court

Supreme Court of British Columbia

Family trial addressing divorce, parenting, support, property division, and prior protection orders. The court ordered shared parenting for J.M., support, and property sale adjustments.

• Best interests of the child
• Protection orders under the family law act
• Family violence assessment
• Section 211 family justice counsellor report
• Child support guidelines and s.7 expenses
• Spousal support (divorce act and ssag)

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M.S.G. v. I.K.G.

Court

Supreme Court of British Columbia

The court granted a one-year protection order and limited, supervised parenting time, finding the claimant’s messaging and conduct raised family violence concerns.

• Parenting time
• Protection order
• Family violence
• Credibility assessment
• Supervised parenting
• Parenting coordinator

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T.F. v. J.F.

Court

Supreme Court of British Columbia

The court authorized the mother's relocation of the children to Regina, granted divorce, set parenting terms with sobriety and supervision conditions, ordered child support, and ended a protection order.

• Relocation of children
• Best interests of the child
• Parenting time
• Decision-making responsibility
• Family violence impact
• Notice and burden under divorce act

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