Canada Case Law

M.A.L. v. V.G.A.

Court

Supreme Court of British Columbia

On credibility and best interests grounds the mother's evidence was preferred, the father was found not fully credible and responsible for escalatory conduct including a family violence incident (June 17, 2022); joint guardianship retained but the mother granted final decision-making for education and health; parenting time ordered on a 14-day rotation giving mother 9 nights and father 5 nights (approx 60/40) with specified summer and holiday arrangements; respondent's property and disclosure claims regarding Indian land and bank/mutual funds were dismissed for lack of reliable evidence; resp…

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• Parenting time
• Guardianship
• Decision-making authority
• Section 7 expenses
• Family violence
• Conduct orders

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R.A.K. v. V.J.S.

Court

Supreme Court of British Columbia

The claimant's claim for spousal status was utterly without merit and constituted an attempt to coerce the respondent and continue family/intimate partner violence; the claimant's conduct was reprehensible and justifies an award of special costs to the respondent.

Source excerpt

• Spousal status
• Child support
• Special costs
• Family violence
• Abuse of process

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A.B. v. C.D.

Court

Supreme Court of British Columbia

The 2009 marriage agreement is enforceable and not unconscionable in formation or substance; except for two specified reallocations to address fairness (transfer of the Hyundai Palisade and transfer of an investment), property is divided under the marriage agreement; respondent's Guidelines income is calculated using a non-capital eroding approach without a personal tax gross-up producing 2023: $632,373, 2024: $499,746, 2025 (averaged): $484,634; child support and spousal support are ordered prospectively and arrears determined to March 31, 2026; Y. to remain with claimant with no court-order…

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• Marriage agreement enforceability
• Unconscionability
• Division of matrimonial property
• Child support (guidelines)
• Spousal support (ssag)
• Section 7 expenses

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Barnhart v. Murphy

Court

Supreme Court of Nova Scotia

The child was found to have been exposed to family violence in the mother's home and the mother has not demonstrated adequate protective measures; under the best-interests framework of s.16 of the Divorce Act the court must prioritize the child's safety and therefore imposed interim modifications to the parenting schedule and safeguards (daytime block contact, specified schedule, exclusion of the alleged abuser, supervision/attendance requirements and geographic restriction) pending the scheduled variation hearing.

Source excerpt

• Parenting time
• Interim parenting order
• Variation application
• Family violence
• Custody and access
• Best interests of the child

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Schaarschmidt v. Whitcroft

Court

Supreme Court of British Columbia

On the balance of probabilities the respondent engaged in serious, frequent and recent family violence, exposed the child to that violence, and demonstrated conduct and lack of cooperation that impairs his ability to meet the child's needs; claimant's and third‑party evidence were credible while respondent's evidence was not; accordingly, to protect the child's physical, psychological and emotional safety the prior parenting orders were varied to provide primary residence to the claimant, supervised parenting for the respondent, passport and travel control to the claimant, one‑year protection…

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• Parenting arrangements
• Best interests of the child
• Family violence
• Protection orders
• Variation of prior orders
• Psychological assessment

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D.T.C. v. M.I.V.M.

Court

Supreme Court of British Columbia

The Child most recently resided and was 'at home' in Abbotsford, British Columbia; the claimant did not acquiesce or delay such that s.72(3) would change habitual residence; therefore BC courts have jurisdiction simpliciter under ss.72-74 FLA; the respondent failed to establish that Bolivia is a clearly more appropriate forum (forum non conveniens), particularly given Bolivian orders obtained without proper notice and respondent's misleading communications; however an immediate indefinite return order would not be appropriate on the materials because of best interests and family violence cons…

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• Habitual residence
• Jurisdiction simpliciter
• Forum non conveniens
• Return order
• Family violence
• Service and notice of foreign proceedings

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L.J.W. v. R.A.O.

Court

Supreme Court of British Columbia

The court authorized the claimant to relocate with the child to New Jersey, adjusted parenting time and support, declined to treat Hawaii property as family property, and granted divorce.

• Relocation under divorce act s.16.92
• Best interests of the child
• Imputation of income
• Compensatory spousal support
• Section 7 special expenses
• Family violence

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Ocean v Bennett

Court

Supreme Court of Nova Scotia

On the evidence and law the court found unjust enrichment in relation to the IP property but not the SB property; no juristic reason prevented recovery and a joint family venture was not established, so equal division of net equity of IP was ordered (value fixed at average of appraisals $732,000 less encumbrances and disposition costs yielding net equity $687,426 and equalization to applicant $343,713); family‑violence findings establish applicant (Ocean) as perpetrator and victim (Bennett) as recipient of abuse, the novel tort of family violence is not recognized here and assault/battery dam…

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• Unjust enrichment
• Spousal support
• Family violence
• Coercive control
• Assault and battery
• Property valuation

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B.M.S. v. M.D.

Court

Supreme Court of British Columbia

The court granted a family law summary trial in part, dividing McBride Property proceeds equally, imputing income, and ordering child and spousal support.

• Summary trial
• Imputation of income
• Retroactive support
• Section 7 expenses
• Security for support
• Family violence

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B.M. v. T.G.

Court

Supreme Court of Nova Scotia

On this interim record the children’s best interests require maintaining the pre-reconciliation status quo of residence and schooling in Pictou County pending fuller evidence at trial; the mother’s relocation to Truro is not permitted on an interim basis because no compelling reason or strong probability of success at trial was established, both parents demonstrated credibility concerns and high conflict, and an in-depth parental capacity assessment is necessary to inform final parenting and decision-making orders.

Source excerpt

• Best interests of the child
• Interim parenting plan
• Relocation/mobility
• Family violence
• Status quo
• Credibility findings

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