Canada Case Law

Satguru Ram Singh Satsang Charitable Foundation v. Akalirai

Court

Supreme Court of British Columbia

The court found the gift valid because the donor initiated and pursued the donation, received independent legal advice with a signed certificate confirming understanding, there was no unlawful threat or compulsion, and the evidence of third-party pressure was not credible or sufficient to establish duress; therefore the deed of gift and transfer are effective and irrevocable.

Source excerpt

• Gift deed
• Duress
• Undue influence
• Capacity
• Independent legal advice
• Parens patriae

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Stajcer v. Evans

Court

Supreme Court of British Columbia

The court held the children were habitually resident in Arizona, found no basis for parens patriae relief, and dismissed the BC family action for want of jurisdiction.

• Habitual residence
• Forum non conveniens
• Parens patriae
• Recognition and enforcement of foreign orders
• Hague convention
• Non‑removal orders

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British Columbia (Attorney General) v. Stronks

Court

Supreme Court of British Columbia

The court granted an injunction limiting Wayne Kelly Stronks’s correspondence with the Smithers Registry, while preserving his ability to file documents by permitted methods.

• Injunction
• Parens patriae
• Public nuisance
• Restrictions on communications with court registry
• Self-represented litigant conduct
• Public-nuisance

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Sutherland v. Sutherland

Court

Nova Scotia Court of Appeal

The counselling services order was interlocutory under Rule 59A.05(e) and required leave within 10 days (Rule 90.13(3); deadline June 6, 2025). The appellant filed out of time and did not move to extend time despite an opportunity; balancing the relevant factors (delay, prejudice, lack of extension motion, deference to the case conference judge, children’s interests) the interests of justice do not support extension, so the appeal and related motions are dismissed and the counselling order given effect.

Source excerpt

• Interlocutory appeal
• Leave to appeal
• Extension of time
• Case conference orders
• Counselling for children
• Parens patriae

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Lukas v. Lemos

Court

Supreme Court of British Columbia

The court found the child was not habitually resident in British Columbia, recognized key parts of a Cayman consent order, stayed the BC proceeding, and left ancillary enforcement relief for renewal.

• Habitual residence
• Jurisdiction under family law act s.74
• Recognition of extraprovincial orders (s.75)
• Ancillary/enforcement orders (ss.77,231)
• Parens patriae
• Relocation of child

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R.D. v. C.B.

Court

Supreme Court of Nova Scotia

Ontario is the forum conveniens because the core evidence, witnesses, and events giving rise to the dispute are predominantly located in Ontario, transfer avoids multiplicity and conflicting decisions, and Ontario presents no significant juridical disadvantage; consequently the Supreme Court of Nova Scotia declined to exercise territorial competence and requested transfer to Ontario while preserving the existing Nova Scotia interim ex parte order until the receiving court accepts the transfer or determines the children's location.

Source excerpt

• Forum conveniens
• Best interests of the child
• Unilateral relocation
• Parens patriae
• Transfer under court jurisdiction and proceedings transfer act

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J.R. v. Nunavut (Family Services)

Court

Newfoundland and Labrador Court of Appeal

The Court allowed the appeal, concluded the trial judge erred by failing to adequately apply and reason the injunctive test in a child context, by denying ex parte relief on vague procedural fairness grounds without considering an inter partes hearing, and by prematurely and without notice relying on the federal Act; the proper remedy is to remit the Originating Application to the Supreme Court, Family Division for a full inter partes evidentiary hearing; in the interim removal from the appellant’s care and from Newfoundland and Labrador is restrained as ordered.

Source excerpt

• Best interests of the child
• Interim injunctive relief
• Placement priority under federal indigenous child welfare legislation
• Parens patriae
• Admissibility of additional evidence on appeal
• Habitual residence/jurisdiction

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British Columbia (Attorney General) v. Randhawa

Court

Supreme Court of British Columbia

The Court granted an interim injunction restricting Kuldip Singh Randhawa’s courthouse attendance and communication with court staff, while declining costs.

• Vexatious litigant
• Parens patriae
• Public nuisance
• Inherent jurisdiction
• Access to courts
• Restrictions on court attendance

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Boys and Girls Club of Greater Victoria Foundation v. British Columbia (Attorney General)

Court

Supreme Court of British Columbia

The court dismissed a cy-près petition seeking to sell charitable trust property and repurpose the proceeds, finding no sufficient impracticability and no closer alternative purpose.

• Cy-près doctrine
• Charitable trusts
• Impracticability
• Trustee duties
• Parens patriae
• Cy-pres-doctrine

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Nova Scotia (Community Services) v. LC.

Court

Supreme Court of Nova Scotia

On the facts the Court found a constructive taking into care occurred on September 27, 2022 because the Minister implemented a placement over LC’s objections, curtailed parental control and contact, and treated the plan as a fait accompli; the Minister failed to file the Child Protection Application within the five working days required by s.39(1) CFSA; that statutory failure deprived the Court of jurisdiction under the CFSA to make orders; accordingly the Application is dismissed and interim orders vacated.

Source excerpt

• Taking into care
• Constructive taking
• Statutory interpretation
• Jurisdiction
• Parens patriae
• Charter s.7

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