Canada Case Law

Rice v. Rice

Court

Nova Scotia Court of Appeal

The Court dismissed the appeal and denied the motion for fresh evidence because the proposed evidence failed the Palmer criteria (lack of due diligence, irrelevance, inadmissibility and inability to affect the outcome); the hearing judge correctly applied s.16(3) of the Divorce Act, her factual findings were supported by the record, and no reviewable error was shown to displace the high appellate deference owed in custody decisions.

Source excerpt

• Best interests of the child
• Fresh evidence (palmer test)
• Affidavit admissibility and hearsay
• Exhibit books and document proof
• Parenting time and decision‑making authority
• Withholding of children

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Ngo Sen v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court struck the applicant’s affidavit for refusing cross-examination and dismissed judicial review, relying on rule 97 and the clean hands doctrine.

• Rule 97 striking affidavits
• Cross-examination of affidavits
• Clean hands doctrine
• Humanitarian and compassionate application
• Removal order compliance
• Procedural fairness

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R. v. Aragon

Court

Court of Appeal for Ontario

Because the trial judge properly compelled the appellant to attend, afforded him opportunity to consult counsel, and the appellant deliberately refused to testify, the refusal constituted contempt; the contempt conviction is upheld and the appeal is dismissed.

Source excerpt

• Contempt
• Compelled attendance
• Subpoena
• Trial judge's reasons
• Perjury

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R.N. v. L.M.

Court

Supreme Court of Nova Scotia

Late affidavits and the untested psychological report were excluded for prejudice and lack of proper notice; joint custody was rejected because parents cannot co‑parent or make shared decisions; sole custody awarded to mother because she has been primary decision‑maker and concerns do not meet the burden to prohibit or permanently restrict father's access; access to father is reinstated via a phased transitional schedule and both parents are granted direct access to third‑party records key to the child's welfare.

Source excerpt

• Custody allocation
• Access/visitation
• Supervised access
• Disclosure and late affidavits
• Parental alienation
• Third‑party information orders

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French v. Riley-French

Court

Court of Appeal for Ontario

Appeal dismissed because the trial judge properly exercised discretion in refusing an adjournment and excluding psychiatry evidence for noncompliance with the Family Law Rules, the factual findings that the child’s best interests required custody to the respondent were supported by overwhelming evidence, supervised access was appropriate and the restraining order was justified by clear and convincing evidence of past domestic violence.

Source excerpt

• Best interests of the child
• Adjournment and trial management
• Expert evidence disclosure (family law rules)
• Domestic violence findings
• Costs

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Morguard Corporation v. The Queen

Court

Tax Court of Canada

Applying Ikea and the Cranswick analysis, the court found the $7.7 million break fee was received inextricably as part of Morguard's ordinary business of acquiring controlling interests in real estate companies; it was therefore business income and not a non‑taxable capital receipt or windfall, so the reassessment was upheld.

Source excerpt

• Income vs capital characterization
• Break fee taxation
• Windfall/capital receipt analysis
• Surrogatum principle
• Rule 100 read‑in evidence

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Khadr v. Canada (Prime Minister)

Court

Federal Court

The Federal Court allowed the applicant to file a supplementary affidavit in a judicial review motion, finding it prima facie relevant and not unduly prejudicial.

• Charter ss.6,7,12,24
• Repatriation/mandamus
• Procedural fairness
• Supplementary affidavits
• Timelines and prejudice
• Judicial-review

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R. v. Dunbar

Court

British Columbia Court of Appeal

A single justice in chambers refused to rule proposed fresh evidence inadmissible, but ordered the Crown given a chance to investigate and respond if the panel found it possibly relevant.

• Fresh evidence
• Admissibility
• Ineffective assistance of counsel
• Section 683 criminal code
• Appellate procedure
• Fresh-evidence

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Paquette v. Canada (Attorney General)

Court

Federal Court of Appeal

The motion to add a late affidavit prepared for other proceedings to the appeal book was dismissed because appeals are confined to the material before the trial judge except in very exceptional circumstances, and an affidavit prepared for different proceedings and parties is not proper for inclusion on appeal.

Source excerpt

• Exemption
• Mootness
• Record on appeal
• Admissibility of affidavits from other proceedings

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Brinacomb v. BC Transit

Court

Supreme Court of British Columbia

Summary trial dismissal of a passenger’s negligence claim against B.C. Transit, the driver, and ICBC after she fell while walking down a bus aisle.

• Public carrier duty of care
• Standard of care
• Reverse onus
• Summary trial suitability
• Credibility and conflicting evidence
• Public-carrier-duty-of-care

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