Canada Case Law

McCarthy v Pruneau

Court

Supreme Court of Nova Scotia

Given the documented history of the mother’s conduct, prior findings about credibility and ongoing conflict that risk the child’s best interests, the court concluded there were sufficient indicia of a clinical issue to justify a court‑ordered Parental Capacity Assessment with a psychological component by a court‑appointed assessor; supervised parenting was not ordered because the mother consented to administer medication and the father was authorized to dispense medication.

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• Parental capacity assessment
• Parenting time / supervised access
• Medical decision-making for child
• Best interests of the child
• Gender expression of minor
• Costs and security for costs

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Ward v. Ward

Court

Supreme Court of British Columbia

Summary-trial family property decision ordering sale of the former family home and business assets, equal division of net proceeds, and security for costs.

• Division of family property
• Excluded property claim
• Sale of family home
• Valuation and division of business assets
• Protection order
• Conduct of sale

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Melanson v. Melanson

Court

Supreme Court of British Columbia

The court enforced an oral construction agreement, struck non-compliant pleadings, and awarded damages for unfinished funding and conversion-related losses.

• Oral contract enforcement
• Failure to perform/funding obligations
• Conversion/theft of chattels
• Damages and interest
• Striking pleadings for non-compliance
• Costs and security for costs

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Salna v. Voltage Pictures, LLC

Court

Federal Court of Appeal

The Federal Court erred by going beyond the pleadings and assessing evidence on the merits when deciding reasonable cause of action and class-certification requirements; on appeal the FCA held Voltage had pled a reasonable cause of action for direct and authorizing infringement (but not sufficiently for secondary infringement), and there was some basis in fact for a class and common questions; accordingly the certification motion was set aside and remitted to the Federal Court to reconsider preferability and representative-respondent issues (Rules 334.16(1)(d) and (e)) and the costs award was…

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• Reverse class action
• Certification (rule 334.16)
• Notice-and-notice regime
• Authorization of infringement
• Bittorrent file-sharing
• Norwich order

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Wei v. Xu

Court

Supreme Court of British Columbia

The court granted Xin Wei a reduced interim distribution of family property to fund litigation costs, finding need, no undue prejudice to Yong Xu, and a reasonable prospect of success.

• Interim distribution under s.89 family law act
• Family property division
• Excluded property claim
• Occupational rent
• Retroactive spousal support
• Costs and security for costs

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Subramaniam v. Gupta

Court

Supreme Court of British Columbia

The court held that the March 2016 order required completion of the Lot 23 sale if the buyer was ready, willing and able, and allowed the plaintiff to set a new completion date.

• Specific performance
• Enforceability of contract
• Repudiation
• Completion of sale
• Interpretation of court orders
• Costs and security for costs

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Schmid v. Schmid

Court

Supreme Court of Nova Scotia

Income was not imputed to the recipient because of credible, debilitating health issues, limited education and dated employment history; the payor's capital gain of $91,608 from sale of business was included as income for 2017–2018 (split evenly between those years) though not to be treated prospectively; additional income from the payor's virtual bookkeeping and imputed shelter contributions from cohabitants were included; balancing contractual, compensatory and non‑compensatory factors and statutory objectives, the payor must continue paying spousal support of $3,000 per month with no termi…

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• Income imputation
• Variation of spousal support
• Entitlement to support
• Quantum and duration
• Costs and security for costs
• Capital gains as income

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Worldspan Marine Inc. v. Sargeant

Court

Federal Court of Appeal

The stay was granted for Restaurant Design because its appeal raises a serious issue, it demonstrated irreparable harm due to the respondent's history of evading foreign judgments and lack of Canadian assets, and the balance of convenience favoured maintaining the sale proceeds in trust pending appeal; co-appellants' defaults on cost orders did not bar a stay for a non-defaulting appellant.

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• Stay of execution
• Priority of builder's mortgage
• Enforcement of foreign judgments
• Admissibility of affidavit evidence
• Costs and security for costs

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Hanjin Shipping Co. Ltd. v. Ogo Fibers Inc.

Court

Federal Court

The Federal Court recognized the transmission of interest to a bankrupt plaintiff’s trustee, substituted the trustee as plaintiff, declined to recognize a power of attorney, and ordered costs.

• Transmission of interest
• Substitution of party
• Foreign law and translations
• Trustee authority
• Costs and security for costs
• Bankruptcy-and-insolvency

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K.W. v. L.H.

Court

British Columbia Court of Appeal

Stay application pending leave to appeal was refused in part: the relocation order remained in force, but half of the costs award was secured in trust.

• Relocation of child
• Stay pending appeal
• Best interests of the child
• Statutory interpretation of family law act
• Scope of appellate review
• Costs and security for costs

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