Canada Case Law

Taddeo v. Ouellet

Court

British Columbia Court of Appeal

Article 13(b) was correctly interpreted to include, as an independent category subject to the Convention's high threshold, an "otherwise intolerable situation"; the chambers judge reasonably found that returning the child to Mexico would place the child in an otherwise intolerable situation because the primary caregiver would face no housing, no means of financial support and no prospect of earning sufficient income, and the appellant could not be relied upon to provide support; the appellant's ineffective assistance and fresh evidence claims fail because he did not produce former counsel com…

Source excerpt

• Hague convention article 13(b)
• Grave risk of harm
• Ineffective assistance of counsel
• Fresh evidence
• Habitual residence
• Child custody

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R.L.N. v. D.L.J.-N.

Court

Supreme Court of British Columbia

Family law reasons granting a divorce, child support, limited spousal support, and an unequal division of the family home, while refusing reunification counselling over the child’s wishes.

• Child custody
• Child support
• Spousal support
• Division of family property
• Valuation date
• Reunification counselling

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Zhao v. Guo

Court

Supreme Court of British Columbia

Family law trial addressing parenting, support, and tracing claims; the court enforced the Chinese divorce agreement, accepted tracing evidence, and made support and set-off orders.

• Child custody
• Parenting time
• Income imputation
• Special and extraordinary expenses
• Tracing of assets
• Gift versus loan

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K.H.D. v. O.O.M.

Court

Supreme Court of British Columbia

The court held the children are habitually resident in Florida, declined BC jurisdiction over parenting and support issues, retained property jurisdiction, and made interim disclosure and costs orders.

• Relocation
• Jurisdiction
• Child custody
• Property division
• Spousal support
• Child support

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I.K. v. N.K.

Court

Newfoundland and Labrador Court of Appeal

Extension denied because applicant had adequate notice (including substituted service by email), elected not to participate, provided no reasonable excuse for a six-plus year delay, proposed appeal lacked merit (solely alleging non-service contrary to record), and no special or exceptional circumstances existed to justify extending time.

Source excerpt

• Child custody
• Divorce
• Extension of time
• Service of process
• Procedural fairness
• Court of appeal rules

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P.K.G. v. A.S.G.

Court

Supreme Court of British Columbia

The court increased the respondent’s parenting time, kept alcohol monitoring conditions, ended further hair testing absent changed circumstances, and ordered shared parental responsibilities.

• Parenting time
• Guardianship
• Parental responsibilities
• Child custody
• Drug and alcohol testing
• Breathalyzer monitoring

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Mehralian v. Dunmore

Court

Court of Appeal for Ontario

Because the applicant voluntarily participated in and litigated the merits before the Omani courts she attorned to that jurisdiction and cannot relitigate those issues in Ontario; accordingly the Omani divorce was properly recognized. Separately, the Superior Court correctly found M. was habitually resident in Ontario as of April–June 2021, so Ontario retained jurisdiction to make parenting orders and to deny the respondent's return application; factual findings were entitled to deference and no palpable and overriding errors were shown.

Source excerpt

• Recognition of foreign divorce
• Habitual residence
• Child custody
• Jurisdiction
• Attornment
• Comity

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Annand v. Annand

Court

Supreme Court of Nova Scotia

The petitioner was the more successful party overall on key issues (parenting and spousal support), the proceeding was lengthy and complex, and the respondent's repeated disclosure failures and attempts to resile from settlements caused unnecessary delays and costs; therefore a lump sum costs award of $10,000 is appropriate under Rule 77 to do justice between the parties, to be paid from the trust balance held for the respondent with any remainder by the respondent by the specified deadline.

Source excerpt

• Child custody
• Spousal support
• Child support
• Property division
• Equalization
• Disclosure

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2022 RLLR 11

Court

Royal Canadian Mounted Police Labour Relations

The claimants are Convention refugees under s.96 because the principal claimant credibly established a nexus to a Convention ground (women fearing gender-based violence) and the minor is a family member of a persecuted person; objective country evidence establishes a real risk and that state protection and internal relocation are not reasonably available, so the claimants face a serious possibility of persecution in Mexico.

Source excerpt

• Particular social group
• State protection
• Internal flight alternative
• Credibility
• Domestic violence
• Organized crime extortion

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E.G.U. v. A.M.E.S.

Court

Supreme Court of British Columbia

The court held the child was not habitually resident in British Columbia and, in any event, declined jurisdiction in favor of Denmark. The claimant’s application was dismissed.

• Habitual residence
• Jurisdiction
• Forum non conveniens
• Child custody
• Wrongful retention
• Habitual-residence

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