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Interim family law application partly granted: the court ordered child support, limited disclosure, and 62% of certain child expenses, but dismissed most other relief.
The court dismissed a jurisdictional strike application, finding the claimant had a good arguable case that she was a spouse and separated before the deceased's death.
Because the order was final, made by a judge of the Family Court, and made only under the provincial Family Law Act, the appeal lies to the Divisional Court under s.19(1)(a.1) of the Courts of Justice Act; accordingly the appeal was properly transferred to the Divisional Court under s.110(1).
Source excerpt
The court reappointed an existing parenting coordinator on limited arbitral terms, ordered each party to contribute CAD 6,000, and set a two-year or exhausted-retainer limit.
Costs ruling in a family law case: D.Z. was substantially successful at trial, but M.Z.’s settlement offer was reasonable, so post-offer costs were denied.
The court refused a jurisdictional stay in a family dispute, holding British Columbia had and should exercise jurisdiction over parenting, support, and property division.
The court granted Don Kasian leave to file a counterclaim shortly before trial, finding the claims were not plainly doomed and that delay did not justify refusal.
The court ordered an interim distribution of $62,174.37 from sale proceeds so the claimant could fund an imminent family law trial, finding need and no prejudice.
Appeal from a family-law child support order dismissed. The court held the trial judge’s management of a self-represented litigant did not create bias or breach natural justice.
The court found a material change in circumstances, including the children’s refusal to see their mother, and varied the shared parenting order to grant the father sole custody.
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