Canada Case Law

Den Duyf v. Den Duyf

Court

Supreme Court of British Columbia

The court declined to grant retroactive child support or otherwise reopen its final reasons, holding that its earlier order is final and any lacuna in those reasons is for the Court of Appeal to address; the application to vary the parenting schedule was dismissed because the court found the harm from significant parental conflict outweighed the harm from longer intervals between parental time and the change sought was not sufficiently shown to be in the child's best interests.

Source excerpt

• Parenting time variation
• Retroactive child support
• Finality of judgments
• Jurisdiction to reopen orders

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Bakare v. Ogundari

Court

Supreme Court of British Columbia

The court refused DNA parentage testing and refused to vary parenting time, finding the evidence incomplete, the request delayed, and the proposed changes not in the children’s best interests.

• Dna parentage testing
• Best interests of the child
• Parenting time variation
• Admissibility of genetic evidence
• Delay and litigant motive
• Parentage-testing

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Ivany v. Matson

Court

Supreme Court of British Columbia

The court dismissed most of a family-law application, finding no material change in circumstances to extend spousal support and no breach over RRSP rollover or late payments.

• Spousal support variation
• Material change in circumstances
• Rrsp rollover
• Parenting time variation
• Enforcement/breach of order
• Spousal-support-variation

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S.A.P. v. R.S.B.L.

Court

Supreme Court of British Columbia

Oral reasons on an urgent interim relocation application under the Divorce Act, permitting a mother to move with her child to Prince Albert, Saskatchewan.

• Relocation
• Best interests of the child
• Parenting time variation
• Indigenous heritage considerations
• Family violence
• Children with disabilities

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Rennie v. West

Court

Supreme Court of Nova Scotia

Although the court found a material change in the child's circumstances based on intensified medical and behavioural needs including a December 2024 autism diagnosis, the evidence did not support that reducing the father's parenting time was in the child's best interests; therefore the application to change the parenting schedule was dismissed but a variation order was issued imposing remedial and cooperative measures (parenting education, use of a parenting app, shared routines, appointment attendance) and child support adjustments were referred to a conference after financial disclosure.

Source excerpt

• Parenting time variation
• Best interests of the child
• Material change of circumstances
• Parenting orders
• Family violence
• Parenting education

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Olson v. Lavallee

Court

Supreme Court of British Columbia

The court granted a modest increase in parenting time, refused retroactive child support relief, imputed the respondent’s income at $50,000, and approved capped special expenses.

• Parenting time variation
• Retroactive child support variation
• Imputed income
• Special expenses (s.7)
• Consultation obligations
• Costs

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C.M.L. v. A.J.

Court

Supreme Court of British Columbia

The court varied a family order to equal 14-on/14-off parenting, recalculated child support, dismissed special-expense and trust-fund claims, and split report costs equally.

• Parenting time variation
• Material change of circumstances
• Best interests of the child
• Hear the child report
• Guideline child support calculation
• Trust funds in solicitor's trust

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Den Duyf v. Den Duyf

Court

Supreme Court of British Columbia

The court refused interim and final relocation to Salt Spring Island, varied parenting time to a 60/40 schedule, and set interim spousal support at zero.

• Relocation of child
• Interim vs final relief
• Best interests of the child
• Parenting time variation
• Material change in circumstances
• Imputation of income

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E.C.L. v. D.W.C.

Court

Supreme Court of British Columbia

The court varied a parenting order to reflect a child’s best interests, relying on an updated s. 211 report, and allowed travel without the father’s consent.

• Parenting time variation
• Section 211 report
• Parental responsibilities (s.41 family law act)
• Travel without consent
• Best interests of the child
• Parenting coordinator

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F.K.L. v. D.M.A.T.

Court

Supreme Court of British Columbia

The court dismissed a father's application to vary parenting arrangements, finding no material change in circumstances and leaving the existing order in place.

• Parenting time variation
• Material change in circumstances
• Parenting coordinator
• Best interests of the child
• Cost allocation
• Parenting-time-variation

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