Canada Case Law

G.H.R. v. S.L.A.

Court

Supreme Court of British Columbia

The Ramsay interim order was varied because developments since the initial order (mother's move to West Vancouver and a concrete preschool plan) constituted compelling reasons; the Twins' best interests require stability by attending local preschool, weekday parenting allocation to the mother to support that stability, and limiting long uninterrupted periods of parenting by the father due to credible findings of family violence and documented anger-management concerns; communication/conduct restrictions in the Ramsay Order remain in force; a s.211 FLA report is ordered to assess all three chi…

Source excerpt

• Parenting time
• Variation of interim order
• Section 211 report
• Communication and conduct restrictions
• Assessment of family violence
• Holiday parenting allocations

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Kaur v. Singh

Court

Supreme Court of British Columbia

The court reduced interim child support after a disability designation, but refused to reopen past arrears already dismissed in an earlier application.

• Variation of interim order
• Res judicata
• Arrears cancellation
• Imputation of income
• Pwd designation as change of circumstances
• Driver's licence enforcement and employment

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I.K.S. v. P.S.A.

Court

Supreme Court of British Columbia

Interim family order varied after parenting conflict and child distress. The court set a staged schedule, ordered a parenting program, child support, and permitted Mexico travel.

• Parenting arrangements
• Variation of interim order
• Hear the child report vs s.211 report
• Interim child support
• Protection order breaches
• Counselling orders

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B.K.N. v. H.S.N.

Court

Supreme Court of British Columbia

The court dismissed the claimant’s bid to vary interim orders, ordered shared parental responsibilities, set a graduated parenting-time schedule, and upheld separate occupancy of the home.

• Variation of interim order
• Parenting responsibilities
• Parenting time
• Occupancy of family home
• Protection orders
• S.211 reports

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T.S.S. v. A.S.

Court

Supreme Court of British Columbia

Interim family law application varying parenting time, passport holding, and medical decision-making for a six-year-old child, with the mother's authority preserved on medical consent.

• Variation of interim order
• Best interests of the child
• Parental decision-making
• Passport possession
• Medical consent
• Trial scheduling

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A.M.S. v. M.D.P.

Court

Supreme Court of British Columbia

The court dismissed a request to vary an interim parenting order, finding no sufficient material change in circumstances and no basis for a broad social media restriction.

• Parenting time
• Variation of interim order
• Best interests of the child
• Conduct orders and social media
• Addiction and mental health in parenting
• Parenting-time

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L.E.S. v. J.C.S.

Court

Supreme Court of British Columbia

The court dismissed a respondent’s application to vary interim child and spousal support, finding no material change in circumstances and no basis to impute income to the claimant.

• Variation of interim order
• Imputed income
• Spousal support advisory guidelines
• Section 216 family law act
• Interim costs
• Family-law

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R.A.B. v. T.L.B.

Court

Supreme Court of British Columbia

The court varied an interim without prejudice parenting order to adopt parts of a s. 211 report, and appointed a parenting coordinator with limited authority.

• Variation of interim order
• Parenting schedule
• Appointment and scope of parenting coordinator
• Section 211 report
• Best interests of the child
• Change in circumstances

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Hunt v. Hunt

Court

Supreme Court of British Columbia

The court dismissed a request to stop further woodlot harvesting and a request for interim funds, but ordered the parties to retain a business valuator for the Company and Woodlot.

• Interim orders
• Asset protection
• Interim distribution
• Business valuation
• Variation of interim order
• Woodlot management and regulatory compliance

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Z.R. v. S.A.

Court

Supreme Court of British Columbia

The court ordered a return to the existing alternate-week parenting schedule for a 9-year-old child, declined to change primary care, and left costs to each party.

• Primary residence
• Parenting schedule
• Section 211 report
• School attendance
• Parenting coordinator
• Variation of interim order

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