Canada Case Law

Cornwell v. Cornwell

Court

Supreme Court of British Columbia

Applying ss.183–184 of the Family Law Act and the statutory factors, the court found the evidence did not establish that family violence is likely to occur; isolated historic or non‑physical incidents and intemperate electronic communications were insufficient to justify continuation of the without‑notice protection order, so the protection order was set aside and a reciprocal conduct order limiting communications was imposed instead.

Source excerpt

• Protection order
• Without‑notice orders
• Risk assessment
• Coercive and controlling behaviour
• Conduct orders
• Evidence and hearsay

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Chau v. Tsang

Court

Supreme Court of British Columbia

Child was habitually resident in Hong Kong from birth until removal on December 25, 2025; Mr. Chau was exercising custody rights at removal; the removal was therefore wrongful under Articles 3 and 12 of the Hague Convention; Ms. Tsang failed to prove on the balance of probabilities that return would expose Jay to a grave risk of physical or psychological harm under Article 13(b) or would offend fundamental principles under Article 20; accordingly, pursuant to Article 12 the court ordered Jay's immediate return to Hong Kong and set aside the BC protection and non-removal orders; a police enfor…

Source excerpt

• Wrongful removal
• Habitual residence
• Article 13(b) grave risk exception
• Article 20 human rights exception
• Protection order
• Non-removal order

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Kaur v. Singh

Court

Supreme Court of British Columbia

Because the respondents repeatedly failed to disclose relevant financial records and material evidence of transfers from Mr. Singh to the Grandparents, the court drew adverse inferences and found those transfers supported a resulting trust in favour of Mr. Singh displacing indefeasible title; consequently the 68 Avenue Property was family property beneficially owned by Mr. Singh and Ms. Kaur and subject to equal division; income was imputed to Mr. Singh (including conservative rental income) based on disclosed records and adverse inferences; retroactive and lump sum prospective child and spou…

Source excerpt

• Division of family property
• Resulting trust
• Unjust enrichment
• Adverse inference for non-disclosure
• Credibility findings
• Imputation of income

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N.A.J. v. L.S.B.

Court

Supreme Court of British Columbia

The court enforced a without notice order returning three children to British Columbia, dismissed the respondent’s protection order application, and made interim conduct and parenting orders.

• Without notice (ex parte) orders
• Protection order
• Parenting time
• Conduct orders
• Disclosure/non-disclosure
• Costs

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Bhatti v. Parmar

Court

British Columbia Court of Appeal

The Court of Appeal granted a limited extension of time to file appeal records and transcripts in a family-law appeal, but cut the requested six months down to January 28, 2026.

• Extension of time
• Transcript costs
• Division of family property
• Spousal support
• Child support
• Protection order

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

Court

Supreme Court of British Columbia

The court transferred this family action to the Victoria registry for trial only, leaving interim and pre-trial matters in New Westminster, and ordered costs in the cause.

• Change of venue
• Transfer of registry
• Protection order
• Interim applications
• Costs
• Change-of-venue

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N.M. v. G.L.

Court

Supreme Court of British Columbia

The court continued a protection order, found evidence of coercive and abusive conduct, and granted limited supervised parenting time with communication exceptions.

• Protection order
• Parenting time
• Supervised access
• Coercive and controlling behaviour
• Breach of court order
• Costs

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McKinley v. McKinley

Court

Supreme Court of British Columbia

The court found the parties permanently separated in December 2018, rejected any later reconciliation, dismissed the claimant’s property claim, and granted the respondent a divorce.

• Separation date
• Marriage-like relationship
• Division of family property
• Protection order
• Certificate of pending litigation (cpl)
• Credibility and reliability

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K.S.P. v. B.R.J.

Court

Supreme Court of British Columbia

No agreement or regular care established; claimant remains sole guardian and sole holder of parental responsibilities because it is in AP's best interests given respondent's instability, breaches of court orders, criminal history and risk of incarceration; respondent granted supervised contact (three hours weekly plus weekly 30‑minute video), supervised by father or sister after an initial professional supervised visit; child support imputed at $25,000/year yielding $209/month retroactive to Jan 1, 2022; respondent restrained from direct contact with claimant, attendance at claimant's residen…

Source excerpt

• Guardianship
• Parenting time/contact
• Supervised contact
• Protection order
• Family violence
• Imputation of income

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