Canada Case Law

Melbarde v. Carr

Court

British Columbia Court of Appeal

The chambers order was an enforcement/variation of a JCC consent order and therefore constituted interim relief or a limited appeal order requiring leave under Rule 11; the appellant failed to show a prima facie meritorious appeal or palpable and overriding errors in the judge's factual or legal findings, the late-filed tax return did not undermine the judge's conclusion, and granting leave would risk delaying the September 2026 trial and prejudice the parties and children — accordingly leave is required and is denied.

Source excerpt

• Leave to appeal
• Interim relief
• Consent order enforcement
• Variation of order
• Judicial case conference
• Sale of family home

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M.N.M. v. W.E.M.

Court

Supreme Court of British Columbia

La Cour a renvoyé au procès les questions de partage du patrimoine et de la dette, a annulé la clause de pension alimentaire pour incertitude et a ordonné une pension intérimaire.

• Separation agreement enforceability
• S.93 family law act - property agreements
• S.164 family law act - spousal support agreements
• Financial disclosure
• Spousal support taxation treatment
• Summary trial / bona fide triable issue

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S.K. v. S.U.K.

Court

Supreme Court of British Columbia

The court dismissed a renewed protection-order application under the Family Law Act, finding the claimant had not proved future family violence on the affidavit evidence.

• Protection order
• Family violence
• Coercive control
• Conduct order
• Judicial case conference
• Costs

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Toda v. Dorsey

Court

Supreme Court of British Columbia

The court adjourned a mother’s relocation application, finding the affidavit record insufficient to decide disputed issues about an alleged move agreement and parenting history.

• Relocation
• Best interests of the child
• Burden of proof
• Parenting time
• Adjournment
• Cross-examination

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Robb v. Robb

Court

Supreme Court of British Columbia

The court settled a JCC consent order, holding the transcript and endorsed case management plan supported the claimant’s draft, with a wording fix from “conduct” to “closing.”

• Judicial case conference
• Consent order
• Order settlement
• Spousal support
• Child support
• Case management

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Otte v. Otte

Court

Supreme Court of British Columbia

The court dismissed an application to dispense with a Judicial Case Conference and to compel mediation-arbitration in a family dispute, holding the JCC requirement was not waived.

• Mediation-arbitration
• Judicial case conference
• Family rules
• Enforcement of agreement
• Judicial-case-conference
• Family-rules

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Engelbert v. Holuboch

Court

Supreme Court of British Columbia

The court ordered interim child support, adjourned interim spousal support, declined to impute income on the present record, and required monthly income disclosure.

• Interim child support
• Interim spousal support
• Income imputation
• Disclosure obligations
• Credit for prior payments
• Judicial case conference

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Lee v. Narang

Court

Supreme Court of British Columbia

The court held that the claimant could not use discontinuance to sidestep the Family Rules and that the Vancouver proceeding was improperly filed and should be stayed.

• Notice of discontinuance
• Notice of intention to proceed
• Transfer of proceedings
• Stay
• Amendment of pleadings
• Judicial case conference

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Morales v. Puri

Court

British Columbia Court of Appeal

Appeal allowed from non-consensual judicial case conference orders on guardianship and access. The contested terms were set aside and costs awarded to the appellant.

• Judicial case conference
• Jurisdiction of trial judge
• Guardianship
• Parenting time/access
• Legal aid and costs
• Judicial-case-conference

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Malone v. Allar

Court

Supreme Court of British Columbia

The court varied ex parte parenting orders, imposed supervised access, granted a protection order, and ordered interim child support while the family law dispute proceeded.

• Best interests of the child
• Supervised access
• Protection order
• Interim child support
• Ex parte variation
• Family law act s.37 and s.38

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