Canada Case Law

Melbarde v. Carr

Court

British Columbia Court of Appeal

The chambers order was an enforcement/variation of a JCC consent order and therefore constituted interim relief or a limited appeal order requiring leave under Rule 11; the appellant failed to show a prima facie meritorious appeal or palpable and overriding errors in the judge's factual or legal findings, the late-filed tax return did not undermine the judge's conclusion, and granting leave would risk delaying the September 2026 trial and prejudice the parties and children — accordingly leave is required and is denied.

Source excerpt

• Leave to appeal
• Interim relief
• Consent order enforcement
• Variation of order
• Judicial case conference
• Sale of family home

Read case analysis

Nadirova v. Nadirov

Court

Supreme Court of British Columbia

On the evidence the respondent was not personally served on July 25, 2023; because service was not established the respondent could not be said to have wilfully or deliberately failed to respond, he moved promptly after learning of the final order, and he demonstrated a meritorious defence; therefore in the interests of justice the final order of February 5, 2025 is set aside, the respondent is permitted to file a response, an interim without prejudice child support order of $251 per month is granted commencing February 1, 2026, and costs for the summary trial and the present application are…

Source excerpt

• Service of process
• Setting aside default judgment
• Child support
• Guardianship
• Interim relief
• Costs

Read case analysis

Kennedy v. Dubois

Court

Supreme Court of British Columbia

The court dismissed an interim spousal support claim and refused sole or shared interim possession of Fergus, leaving the dog with the claimant pending trial.

• Spousal support
• Companion animal possession
• Interim relief
• Admissibility of affidavits
• Form of jurat
• Spousal-support

Read case analysis

Sidhu v. Gill

Court

Supreme Court of British Columbia

Because the respondent flagrantly failed to comply with court-ordered disclosure and the available financial information indicated the respondent could pay the mortgage balance, the court granted an interim stop-gap order to prevent foreclosure and to preserve the status quo pending the April hearing: claimant to pay $2,000 per month, respondent to pay arrears and the remaining monthly balance, and claimant awarded $1,500 costs thrown away payable forthwith.

Source excerpt

• Spousal support
• Disclosure and enforcement of court orders
• Interim relief
• Mortgage/foreclosure
• Costs

Read case analysis

Henderson v. Medley

Court

Supreme Court of British Columbia

The court held the respondent’s spousal support counterclaim was statute-barred and refused to permit it under the Limitation Act. Interim support was dismissed.

• Spousal support
• Statute of limitations
• Family dispute resolution
• Counterclaims and amendments
• Interim relief
• Costs

Read case analysis

Distinguished Properties Inc. v. First Mutual Properties Ltd.

Court

Supreme Court of Nova Scotia

Distinguished Properties did nothing to advance the action for 26 months; that delay was inordinate and inexcusable, the CLP presumed prejudice to First Mutual which was not rebutted, and on balance of equities the CLP must be discharged.

Source excerpt

• Certificate of lis pendens
• Delay / want of prosecution
• Interim relief
• Discharge of encumbrance
• Builders' lien jurisprudence

Read case analysis

Palm v. Macdonald

Court

Supreme Court of British Columbia

The court granted the claimant interim ownership and possession of Charlie, a golden retriever, after weighing Family Law Act factors and rejecting the respondent’s unilateral removal.

• Companion animal possession
• Interpretation of family law act s.97(4.1)
• Interim relief
• Costs
• Allegations of family violence
• Ownership of family property

Read case analysis

Carlick v. Taku River Tlingit First Nation

Court

Canadian Human Rights Tribunal

The Tribunal denied interim relief, but granted disclosure and preservation of materials tied to the November 2022 termination, JCM records, and the Adverse Party Policy.

• Family status discrimination
• Retaliation/anti-reprisal
• Interim relief
• Disclosure and preservation orders
• Jurisdictional limits
• Interim-relief

Read case analysis

Deng v. Zhan

Court

Supreme Court of British Columbia

Interim family-law ruling imputes income, awards child support arrears, fines the respondent for disclosure and support breaches, and defers spousal support to trial.

• Imputation of income
• Section 7 expenses
• Financial disclosure and sanctions
• Interim relief
• Retroactive child support
• Reinvestment of frozen funds

Read case analysis

Marsh v. Patterson

Court

Supreme Court of British Columbia

The court granted a child support variation in part, found the respondent was not intentionally underemployed on an interim basis, and imputed income at $65,000 for 2023.

• Variation of child support
• Underemployment
• Interim relief
• Production order
• Disclosure
• Child-support

Read case analysis