Canada Case Law

A.L.A. v. M.N.A.

Court

Supreme Court of British Columbia

The court accepted the s.211 evaluator's findings and the father's credibility on financial evidence, found no proven physical abuse or coercive control, found an unhealthy mother-child alignment meriting remedial intervention, concluded shared parenting time equally after a staged transition is in the child's best interests, maintained joint guardianship while temporarily allocating exclusive decision-making for education/extracurriculars to the father for six months plus five weeks to monitor cooperation, found no divisible matrimonial assets of value at separation (law firm had no goodwill…

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• Parenting time
• Guardianship and decision-making
• Parental alienation / resist-refuse behaviour
• Coercive control
• Psychological/section 211 assessment
• Valuation of professional practice

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N.J.H. v. J.A.C.

Court

Supreme Court of British Columbia

The court declined to compel the children to attend a specific counselling provider or forced contact with their father, while granting consent conduct orders and directing shared counselling costs.

• Parenting time
• Counselling orders
• Parental alienation
• Best interests of the child
• Fla s.61 counselling orders
• S.211 expert reports

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E.G. v. M.A.

Court

Supreme Court of British Columbia

Family law judgment on divorce, parenting, support and property division. The court kept primary care with the claimant, maintained the respondent’s two overnight visits, and ordered counselling and a parenting coordinator.

• Parenting arrangements
• Best interests of the child
• Imputation of income
• Section 7 expenses
• Parenting coordinator
• Counselling orders

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I.K.S. v. P.S.A.

Court

Supreme Court of British Columbia

Interim family order varied after parenting conflict and child distress. The court set a staged schedule, ordered a parenting program, child support, and permitted Mexico travel.

• Parenting arrangements
• Variation of interim order
• Hear the child report vs s.211 report
• Interim child support
• Protection order breaches
• Counselling orders

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N.L.G. v. J.M.G.

Court

Supreme Court of British Columbia

The court varied child support after finding shared parenting ended on September 1, 2022 and declined to find parental alienation on the record.

• Shared parenting
• Child support guidelines s.9
• Modification of consent order
• Financial disclosure
• Counselling orders
• Child-support

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K.G. v. D.G.

Court

Supreme Court of British Columbia

The court found the claimant was substantially successful in this family law action and awarded her costs, declining to rely on the respondent’s settlement offer.

• Separation agreement validity
• Section 211 report
• Counselling orders
• Offer to settle (rule 11‑1)
• Costs assessment
• Substantial success

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KB v AT

Court

Supreme Court of Nova Scotia

The mother was the more successful party because she prevailed on the central issue of family violence and obtained sole decision-making, supervision and counselling orders; given the three-day trial, eight witnesses and moderate complexity the court awarded Tariff A scale 2 (basic scale) totaling $10,000 (base $4,000 plus $2,000 per trial day). The requested 25% increase was refused because the settlement offer did not mirror the decision, the father had partial success and participated in settlement, costs are not meant to resolve maintenance enforcement, and the father's asserted financial…

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• Costs awards
• Impecuniosity
• Tariff assessment
• Counselling orders
• Supervised parenting

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Apperley v. Apperley

Court

Supreme Court of British Columbia

The court fixed interim incomes, ordered child and spousal support, awarded retroactive child support, and made several parenting, conduct, arbitration, passport, and costs orders.

• Child support (retroactive and prospective)
• Section 7 expenses
• Spousal support (ssag)
• Parenting schedule modifications
• Counselling orders
• Passport custody

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J.H. v. R.H.

Court

Supreme Court of Nova Scotia

On an interim basis the mother was awarded primary care because the status quo and the child's significant mental health needs and expressed preference favored continuity with the mother; the mother's imputed income was set at $45,000 and the father's income was imputed at $200,000 based on lifestyle, incomplete disclosure and lack of proof for business expenses; father ordered to pay monthly child support of $1,611 and 82% of uninsured medical expenses and monthly interim spousal support of $1,000, with specified communication and counselling conditions.

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• Interim parenting arrangements
• Imputation of income
• Disclosure obligations
• Status quo principle
• Parenting time vs maximum contact
• Counselling orders

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Gueye v. DiNino

Court

Court of Appeal for Ontario

The Court of Appeal lacked jurisdiction: the dismissal of the contempt motion was interlocutory because the trial judge preserved further Superior Court proceedings and leave mechanisms, and the therapy/counselling order was a Family Court order made under the Children’s Law Reform Act and thus appealable to the Divisional Court; accordingly the appeal was transferred to the Divisional Court and costs awarded to the respondent.

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• Appealability
• Jurisdiction
• Contempt proceedings
• Transfer of proceedings
• Family court orders
• Counselling orders

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