Canada Case Law

Barnhart v. Murphy

Court

Supreme Court of Nova Scotia

The child was found to have been exposed to family violence in the mother's home and the mother has not demonstrated adequate protective measures; under the best-interests framework of s.16 of the Divorce Act the court must prioritize the child's safety and therefore imposed interim modifications to the parenting schedule and safeguards (daytime block contact, specified schedule, exclusion of the alleged abuser, supervision/attendance requirements and geographic restriction) pending the scheduled variation hearing.

Source excerpt

• Parenting time
• Interim parenting order
• Variation application
• Family violence
• Custody and access
• Best interests of the child

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L.K. v. D.W.D.

Court

Yukon Court of Appeal

Appeal allowed after the Court found the self-represented appellant lacked notice that the hearing would proceed as a summary trial with final orders.

• Summary trial
• Procedural fairness
• Notice
• Self-represented litigant
• Custody and access
• Division of family property

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Doucette v. Babin

Court

Supreme Court of Nova Scotia

Father’s plan to have the child reside primarily in Glace Bay is in the child’s best interests because it provides greater stability and predictability: established employment, a purchased home in a familiar neighbourhood, proximate and proven extended family caregiving, and a superior childcare plan; the mother’s Spryfield plan was hastily developed, heavily dependent on a new partner and undermined by credibility concerns, so it was rejected.

Source excerpt

• Best interests of the child
• Parenting time
• Relocation
• Burden of proof
• Custody and access

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M.G. v. S.P.

Court

Newfoundland and Labrador Court of Appeal

Although the appeal raised a serious issue to be tried, the applicant failed to prove that the child would suffer irreparable harm from maintaining the transitional custody arrangement; absent independent or expert evidence of serious or lasting harm and given the risk of confusion to the child from reversing and re-reversing the schedule, the balance of convenience favored leaving the judge’s order in place and denying the stay.

Source excerpt

• Stay pending appeal
• Irreparable harm
• Balance of convenience
• Custody and access
• Transitional parenting arrangements

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T.T. v. S.Z.T.

Court

Supreme Court of British Columbia

The court held the Divorce Act governed this relocation dispute, ordered the child’s residence returned to the Lower Mainland, and phased in increased parenting time for the father.

• Relocation
• Parenting time
• Custody and access
• Section 211 parenting report
• Paramountcy doctrine
• Status quo

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R.A. v. W.A.

Court

Supreme Court of British Columbia

The court enforced earlier parenting and counselling orders, kept child support at $1,457 monthly pending tax disclosure, released a $20,000 holdback, and quantified s. 7 expenses.

• Custody and access
• Child support variation
• Section 7 special expenses
• Enforcement orders
• Contempt for breach of order
• Cpp credit splitting

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Routkovskaia v. Gibson

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application for the unedited transcript of oral reasons, holding there is no automatic right to it and the applicant had not shown it was in the interests of justice.

• Custody and access
• Interim vs final order
• Access to unedited transcripts
• Judicial editing of reasons
• Reasonable apprehension of bias
• Court record access policy

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H.J. v. P.J.

Court

Supreme Court of British Columbia

Family law parenting decision on entrenched child alienation. The court declined to compel reunification therapy, granted mother practical sole custody, and reserved financial issues.

• Custody and access
• Parental alienation
• Reunification therapy
• Best interests of the child
• Parental responsibilities (fla ss.41-42)
• Judicial interview of children

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Routkovskaia v. Gibson

Court

British Columbia Court of Appeal

Chambers applications in a family-law appeal were mostly dismissed: no directions on leave to appeal, no ad hoc access order for records, but an extension of time was granted.

• Custody and access
• Appealability of interim orders
• Extension of time for filing appeal materials
• Access to audio recordings and transcripts
• Procedural directions
• Family-law

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Baldus v. Lillow

Court

Supreme Court of British Columbia

The court prohibited the mother’s proposed relocation of the child from MacKenzie to Cache Creek/Clinton and maintained equal shared parenting.

• Relocation
• Best interests of the child
• Shared parenting
• Family law act s.69
• Custody and access
• Best-interests-of-the-child

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