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Family law 2025 BCSC 2076

Gass v. Hill

Appeal from an interim companion-animal possession order dismissed. The court upheld refusal to move King from the respondent’s care pending trial.

  • Companion animal possession
  • Interim relief
  • Family law act s.97(4.1)
  • Standard of review - clearly wrong
  • Costs
  • Companion-animal-possession
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Family law 2023 BCSC 544

Ellis v. Alvarez

Appeal from an interim parenting order was allowed in part because the Master relied on contested s. 211 report findings without adequate procedural safeguards.

  • S. 211 report
  • Service and fair notice
  • Expert evidence on interlocutory applications
  • Cross-examination of report writer
  • Halliday order for counselling records
  • Standard of review — clearly wrong
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Civil procedure 2022 BCSC 2398

Atema, Inc. v. Victoria (City)

The court dismissed PCL’s appeal from a master’s refusal to order broad production of photographs and time records, finding no clear error and citing overbreadth and proportionality.

  • Document production
  • Stage 2 discovery (peruvian guano)
  • Standard of review - clearly wrong
  • Proportionality
  • Scope and specificity of demands
  • Document-production
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Banking law 2021 BCSC 1076

Marion Family Ventures Inc. v. Lam

Appeal dismissed from a master’s order requiring Stage 2 document production under Rule 7-1 in banking-negligence litigation.

  • Document production
  • Stage 2 discovery
  • Standard of care
  • Due diligence policy
  • Relevance
  • Standard of review - clearly wrong
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Family law 2020 BCSC 1218

Doucet v. Doucet

On appeal from an interim spousal support order, the court held that structured settlement payments could be considered as part of a spouse’s means under the Divorce Act.

  • Structured settlement characterization
  • Income and means
  • Excluded property (family law act s.85)
  • Spousal support advisory guidelines
  • Standard of review - clearly wrong
  • Spousal-support
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Civil procedure 2014 BCSC 1648

Smith v. Air Canada

The court dismissed Air Canada’s review application and upheld disclosure of an incident report, finding litigation privilege was not established.

  • Litigation privilege
  • Dominant purpose test
  • Disclosure of incident reports
  • Standard of review - clearly wrong
  • Litigation-privilege
  • Disclosure
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Family law 2009 BCSC 1214

J.S.W. v. C.M.W.

Appeal from a master's interim child support order allowed. The court held the $175,000 income imputation was clearly wrong and reset interim Guidelines income to $75,000.

  • Imputation of income
  • Child support guidelines s.19(1)(a)
  • Retroactive child support
  • Standard of review - clearly wrong
  • Financial disclosure
  • Child-support
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Civil procedure 2004 BCSC 752

Wieler v. Bercier

Interlocutory appeal over production of employment and MSP records was dismissed; the master’s direct-production order under Rule 26(11) was not clearly wrong.

  • Production of third party documents
  • Rule 26(11)
  • Halliday v. mcculloch orders
  • Jones v. nelson orders
  • Msp records
  • Employment records
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Civil procedure 2002 BCSC 1356

Christopherson v. Krahn

Appeal allowed from a Master's order for a second IME by a physiatrist. The court held the defendants had not shown exceptional circumstances or necessity.

  • Independent medical examination
  • Standard of review - clearly wrong
  • Reasonable equality between parties
  • Expert medical reports
  • Independent-medical-examination
  • Interlocutory-appeal
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Family law 2001 BCSC 649

Gupta v. Gupta

The court allowed an appeal and ordered a neutral s.15 investigation into whether a parenting regime was harming the children’s emotional well-being.

  • Section 15 investigation
  • Expert report (neutral vs party retained)
  • Best interests of the child
  • Standard of review - clearly wrong
  • Family-law
  • Child-custody
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.