Canada Case Law

Rice v. Rice

Court

Nova Scotia Court of Appeal

The Court dismissed the appeal and denied the motion for fresh evidence because the proposed evidence failed the Palmer criteria (lack of due diligence, irrelevance, inadmissibility and inability to affect the outcome); the hearing judge correctly applied s.16(3) of the Divorce Act, her factual findings were supported by the record, and no reviewable error was shown to displace the high appellate deference owed in custody decisions.

Source excerpt

• Best interests of the child
• Fresh evidence (palmer test)
• Affidavit admissibility and hearsay
• Exhibit books and document proof
• Parenting time and decision‑making authority
• Withholding of children

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P.J.D. v. W.K.W.

Court

Supreme Court of British Columbia

Supplemental reasons on child support and s. 7 expenses: income was imputed at $35,000, lump-sum support was refused, and several child-related expenses were allocated.

• Imputing income
• Section 7 expenses (extraordinary expenses)
• Lump-sum child support
• Parenting time and decision-making authority
• Obligation to consult on expenses
• Child-support

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Kwan v. Lai

Court

Supreme Court of British Columbia

The court confirmed the father’s sole custody, reduced the mother’s parenting time, ended mandatory REACH participation, and ordered child support and cost sharing.

• Custody variation
• Parenting time and decision-making authority
• Court-ordered therapeutic programs (reach)
• Imputation of income for child support
• Allocation of program and expert costs
• Special or extraordinary expenses s.7 guidelines

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