Canada Case Law

SW v OW

Court

Supreme Court of Nova Scotia

Termination of O's parenting was not warranted; unsupervised parenting time in PEI was denied as not in the child's best interests given O's mental health history, limited demonstrated parental skills, minimal attachment, and the antagonistic relationship with O's parents. The appropriate disposition was to order supervised visits through Veith House with a short judicial review in or around June 2026 to reassess parenting arrangements.

Source excerpt

• Parenting time
• Supervised access
• Termination of parenting rights
• Best interests of the child
• Mental health and parenting

Read case analysis

McGean v. Andrews

Court

Supreme Court of Nova Scotia

On a balance of probabilities the court found the father engaged in physical and emotional family violence toward the mother, including conduct in the child’s presence; given the demonstrated harm, lack of insight by the father and the child’s age, supervised parenting time pending completion of intimate partner violence programming is required, primary care and decision-making responsibility are awarded to the mother, and child support is set consistent with table amounts plus retroactive support payable in installments.

Source excerpt

• Family violence
• Parenting arrangements
• Supervised access
• Best interests of the child
• Child support
• Retroactive support

Read case analysis

L.N.S. v. W.R.W.C.

Court

Supreme Court of British Columbia

Interim relocation to Manitoba was refused, and the court ordered non-removal from the Lower Mainland, supervised parenting time, and each party to bear their own costs.

• Relocation
• Parenting time
• Supervised access
• Best interests of the child
• Family violence
• Interim orders

Read case analysis

N.M. v. G.L.

Court

Supreme Court of British Columbia

The court continued a protection order, found evidence of coercive and abusive conduct, and granted limited supervised parenting time with communication exceptions.

• Protection order
• Parenting time
• Supervised access
• Coercive and controlling behaviour
• Breach of court order
• Costs

Read case analysis

MacDonald v. More

Court

Supreme Court of Nova Scotia

Court found proven family violence by Mr. MacDonald, held relocation to Victoria with primary residence to remain with Ms. More is in the child's best interests, ordered supervised parenting pending completion of specified therapeutic counselling objectives, ordered equal division of matrimonial property with an equalization payment by Mr. MacDonald of $192,086 by August 15, 2025, imputed Mr. MacDonald's income earning capacity at $90,000 for support purposes, ordered child support of $773 per month effective July 1, 2025, required life insurance beneficiary designation for the child and cont…

Source excerpt

• Relocation framework
• Best interests of the child
• Supervised access
• Income imputation
• Equalization of matrimonial property
• Child support calculation and retroactivity

Read case analysis

S.L.M. v. J.L.M.

Court

Supreme Court of British Columbia

Trial family-law reasons addressing parenting, support, property division, and protection orders. The Court kept shared parenting, ordered child support, and divided property with exclusions.

• Cohabitation date
• Guardianship
• Parenting time
• Section 211 report
• Family violence
• Coercive control

Read case analysis

Gallant v. Gallant

Court

Nova Scotia Court of Appeal

The trial judge provided clear, detailed reasons permitting appellate review; she did not misapprehend the evidence because the counselling notes were shown to be unreliable and could be given little weight, there was ample evidence the father interfered with the mother’s relationship with the children, and on the totality of evidence placing the children in the mother’s primary care was in their best interests; therefore the appeal is dismissed.

Source excerpt

• Best interests of the child
• Misapprehension of evidence
• Parenting time
• Interim consent orders
• Voice of the child report
• Supervised access

Read case analysis

J.P.H. v. M.P.G.

Court

Supreme Court of Nova Scotia

On the balance of probabilities the mother is the child's primary caregiver and placing the child in her primary care best serves the child's safety, stability and developmental needs; the father's proven abusive conduct, criminal convictions, breaches of orders and lack of insight create a significant risk to the child's physical and emotional welfare, justifying continued supervised parenting time and mandated therapeutic intervention; child support is set based on the father's 2023 income of $47,401 resulting in $403 monthly.

Source excerpt

• Parenting and custody
• Supervised access
• Child support
• Family violence
• Credibility assessment

Read case analysis

M.B.K. v. R.R.R.

Court

Supreme Court of British Columbia

The court ended supervised parenting and ordered limited interim unsupervised parenting time for the claimant, with exchanges and safeguards in place pending trial.

• Parenting time
• Supervised access
• Guardianship
• Relocation
• Best interests of the child
• Interim relief

Read case analysis

Munroe-Unsworth v. Unsworth

Court

Supreme Court of Nova Scotia

Respondent established a reasonable belief that the applicant was impaired while caregiving on April 30, 2023 based on contemporaneous EHS observations (manic presentation, smell of alcohol), bloodwork showing alcohol, the applicant's own statements about blackout and prescription drug use, history of driving with suspended licence and misleading statements; those objective facts satisfied s.40(3)(b) and justified the denial of parenting time. Consequently the applicant's enforcement motion was dismissed, compensatory parenting time was denied, and no variation was ordered because it was not…

Source excerpt

• Wrongful denial of parenting time
• Supervised access
• Best interests of the child
• Section 40 psa interpretation

Read case analysis