Canada Case Law

Nova Scotia (Community Services) v NL

Court

Supreme Court of Nova Scotia

The Palmer test governs motions to admit further evidence after the close of a child protection hearing; the Minister failed to demonstrate due diligence because evidence of similar nature was available before the hearing and could have been pursued; the proffered evidence therefore was not admitted and the motion was denied because it did not satisfy the Palmer criteria and would not have affected the determination whether the child remains in need of protective services.

Source excerpt

• Palmer test
• Fresh and new evidence
• Due diligence
• Best interests of the child
• Admissibility
• Rule 82.22

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Ip v. Wilson

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Dr. Ip’s appeal challenging the closure of a practice investigation and the limiting Undertaking he signed.

• Judicial review
• Rule 9-5 striking pleadings
• Statutory power of decision
• Fresh and new evidence
• Undertakings
• Licensure and reinstatement

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Mann v. Jagpal

Court

Supreme Court of British Columbia

The court dismissed appeals from production orders, refused fresh and new evidence, and held the broad document requests were improper and an abuse of process.

• Document production
• Non‑party production
• Fresh and new evidence
• Standard of review (master's interlocutory)
• Abuse of process
• Tracing assets and beneficial ownership

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Ratnam v. Priyanthan

Court

British Columbia Court of Appeal

British Columbia Court of Appeal dismissed a mother’s appeal from a child support order for her adult son and refused most fresh or new evidence.

• Child of the marriage
• Fresh and new evidence
• Variation of order
• Federal child support guidelines
• Financial disclosure
• Contempt

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Korol (Re)

Court

British Columbia Court of Appeal

The Court of Appeal held that a chambers judge erred by cancelling a CPL and discharging a restraining order on a patient best-interests analysis rather than the Land Title Act.

• Appointment of committee
• Certificate of pending litigation (cpl)
• Restraining order (s.284 lta)
• Standing
• Costs (special costs)
• Fresh and new evidence

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C.M.B. v. B.D.G.

Court

Supreme Court of British Columbia

Appeal in a family relocation dispute allowed in part after errors in the best-interests analysis and family violence factors were identified.

• Best interests of the child
• Section 69 family law act
• Equal parenting time
• Fresh and new evidence
• Standard of review
• Section 37 and 38 family law act - family violence

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