Canada Case Law

M.D.S. v. K.D.S.

Court

Supreme Court of British Columbia

On the evidence the court was not satisfied that Mr. S's marihuana use or past limited cocaine use created objective risk to the children; the best interests analysis favored a gradual increase to shared parenting on the applicant's staged schedule (with a modification increasing virtual contacts), change to the Horn guardianship model, and no conduct restriction or mandatory testing at this time; a review provision was ordered allowing either party to apply without proving a material change of circumstances on or after July 1, 2026.

Source excerpt

• Parenting time
• Guardianship model (joyce v horn)
• Best interests of the child
• Hair follicle drug testing
• Conduct orders
• Costs

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Aspirin v. Aspirin

Court

Supreme Court of British Columbia

Family law trial on separation date, parenting, support, and property. The court fixed separation at July 4, 2018 and ordered shared decision-making and structured parenting time.

• Separation date
• Parenting time
• Family violence
• Decision-making (joyce model)
• Income imputation
• Rrsp rollover

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Choi v. Blower

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to extend time to seek leave to appeal a stay order, holding the proposed appeal was bound to fail.

• Rule 20-2(4) litigation guardian
• Extension of time
• Procedural fairness
• Disability accommodations
• Stay of proceedings
• Public guardian and trustee

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Miao v. Lee

Court

Supreme Court of British Columbia

The court dismissed an application to appoint the claimant’s daughter as litigation guardian, finding a sufficient conflict and lack of indifference in the family dispute.

• Appointment of litigation guardian
• Conflict of interest/indifference
• Validity and misuse of power of attorney
• Marriage agreement set aside
• Best interests of a dependent adult
• Role of public guardian and trustee

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Stewart v. Richardson

Court

Supreme Court of British Columbia

Summary trial allowed in this family law parenting dispute. The court varied parenting time to equal shared parenting, gave the respondent final decision-making authority, and adjourned financial issues.

• Parenting time review
• Variation of guardianship
• S.211 expert report
• Parenting coordinator
• Parental alienation
• Best interests of the child

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B.F.W. v. F.P.

Court

Supreme Court of British Columbia

Family law summary trial on parenting, property, support and divorce between separated spouses with two children. The court ordered supervised parenting time, unequal property division, child and spousal support, and divorce.

• Parental responsibilities
• Parenting time and supervision
• Travel with children
• Division of family residence
• Equalization of family property
• Retroactive child support

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Nolletti v. Brizzi

Court

Supreme Court of British Columbia

The court awarded the petitioner costs for several contested family-related applications, assessed them under Rule 14-1(15), and ordered payment of $8,057.23.

• Costs assessment
• Enduring power of attorney
• Contested interlocutory applications
• Police protection order
• Contempt proceedings
• Costs-assessment

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Mendres v. Ramsay

Court

British Columbia Court of Appeal

Application by an unsuccessful appellant for special costs out of a patient’s estate was dismissed because the record did not justify the order.

• Special costs
• Patient estate
• Committee appointment
• Best interests of patient
• Delay in proceedings
• Exercise of judicial discretion

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R.H.W. v. J.A.M.B.

Court

Supreme Court of British Columbia

Application to vary a parenting order was partly granted: the court imposed a supervised, staged parenting schedule, kept the sobriety plan, and ordered a parenting coordinator.

• Parenting time
• Sobriety plan
• Parenting coordinator
• Joyce model (decision-making)
• Guardianship and standby guardians
• Travel authorization

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Rai v. Bhalla

Court

Court of Appeal for Ontario

The appeal was dismissed because the appellant abandoned the pleaded challenges that created the live issues (challenge to powers of attorney and capacity), leaving no active cause of action for the court to adjudicate; the application judge did not err in exercising his discretion to refuse a s.42 accounting given the pleadings and evidentiary record; fresh evidence was unnecessary and inadmissible on appeal; and there was no basis to disturb the costs award.

Source excerpt

• Powers of attorney
• Capacity assessment
• Undue influence
• Accounting under s.42 sda
• Appointment of s.3 counsel
• Admission of fresh evidence

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