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The court found Ms. Byrne failed to support equal parenting time, refused the requested variations, and granted Mr. Visser make-up parenting time, counselling, and a limited police assistance clause.
The construction and associated boulders of the Garber dock caused a substantial and unreasonable interference with the Kriesers’ use of their waterfront and the mandatory injunction ordering removal was appropriate and enforceable, the trial judge’s nuisance finding and injunction are upheld, punitive damages are justified against the owner Garber but not against contractor Nealon, and the indemnity costs award against Nealon is excessive and must be reduced to reflect partial indemnity.
Source excerpt
The court partly granted a post-trial family law application, replacing the property order with conditional vesting and debt-linked compensation, while rejecting added daycare and nanny expenses.
Application for a stay of execution pending leave to appeal was dismissed in a child custody mobility dispute. The court found the children’s best interests favoured returning to Vancouver.
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