Canada Case Law

A.C.P. v. S.M.P.

Court

Supreme Court of British Columbia

The appeal is allowed in part because the arbitrator erred in principle by conflating guardianship with parenting responsibilities and making an interim order removing guardianship without a s.51 application or exhausting less intrusive parenting-responsibility measures; however the arbitrator did not err in directing immediate commencement of REACH reunification therapy for the youngest child, in leaving specific parenting-time structure to REACH, in declining to appoint counsel for the older children, or in fixing modest costs, and the travel-notice regime and Parenting Coordinator's jurisd…

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• Guardianship
• Parenting responsibilities
• Reunification therapy
• Parenting time
• Parental alienation/resist-refuse
• Appointment of counsel for children

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A.B. v. C.D.

Court

Supreme Court of British Columbia

The 2009 marriage agreement is enforceable and not unconscionable in formation or substance; except for two specified reallocations to address fairness (transfer of the Hyundai Palisade and transfer of an investment), property is divided under the marriage agreement; respondent's Guidelines income is calculated using a non-capital eroding approach without a personal tax gross-up producing 2023: $632,373, 2024: $499,746, 2025 (averaged): $484,634; child support and spousal support are ordered prospectively and arrears determined to March 31, 2026; Y. to remain with claimant with no court-order…

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• Marriage agreement enforceability
• Unconscionability
• Division of matrimonial property
• Child support (guidelines)
• Spousal support (ssag)
• Section 7 expenses

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C.L.V. v. S.R.P.V.

Court

Supreme Court of British Columbia

Interim parenting orders were made recognizing P. as primarily resident with the claimant but awarding the respondent regular parenting time (Mondays after school to 8:00 p.m. and additional time as P. requests), with the parenting schedule reviewable after family counselling; no declaration of wrongful denial of parenting time was granted; the claimant ordered to attend an intake with Crossroads and the parties ordered to jointly obtain a written counselling plan and share preparatory costs equally with each bearing their own counselling session costs as directed; respondent's income was imp…

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• Best interests of the child
• Parenting time
• Imputation of income
• Retroactive child support
• Section 7 special expenses
• Views of the child report

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Krakowski v. Krakowski

Court

Nova Scotia Court of Appeal

Appellate deference to a trial judge's exercise of discretion on costs is required absent clear error or unjust result; the wife's enumerated errors were immaterial and did not justify upsetting the $4,500 lump sum, but the judge incorrectly characterized the parenting result as "mixed" when the husband was the more successful party on that issue, warranting adjustment of the costs award to give the husband $3,000 (netting the wife's award to $1,500) and $1,000 for the cross-appeal.

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• Parenting time
• Costs assessment
• Leave to appeal
• Reunification therapy

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A.B. v. C.D.

Court

Supreme Court of British Columbia

Family-law trial over parenting, alienation, family violence, and reunification. The court replaced the parenting agreement, ordered reunification measures, and granted divorce.

• Parenting arrangements
• Child alienation/child resistant contact
• Reunification therapy
• Family violence and coercive control
• Admissibility of counselling/voir dire evidence
• Weight of s.211 report

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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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J.W.L.P. v. A.J. P.

Court

Supreme Court of British Columbia

The court refused to vary an interim family order for reunification therapy and parenting counselling, finding no sufficient change in circumstances before trial.

• Parenting orders
• Reunification therapy
• Interim variation
• Best interests of the child
• Change in circumstances
• Family-law

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M.A.N.R. v. D.J.S.

Court

Supreme Court of British Columbia

The court found severe estrangement bordering on alienation, ordered the family into the Reach reunification program, set parenting time, child support, and a contempt fine.

• Parental alienation
• Reunification therapy
• Contempt
• Child support
• Parenting time
• Parental-alienation

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J.A.F. v. J.J.F.

Court

Supreme Court of British Columbia

The court continued the father’s interim sole guardianship, kept reunification therapy in place, barred contact with the mother’s partner without approval, and ordered reports and review.

• Best interests of the child
• Reunification therapy
• Section 211 assessment
• Interim sole guardianship
• Parenting time and contact restrictions
• Child-custody

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K.L.S. v. K.M.S.

Court

Supreme Court of British Columbia

The court dismissed an application to compel a 16-year-old into reunification counselling, finding coercion would be counterproductive and the proposed program impracticable.

• Parenting arrangements
• Reunification therapy
• Parental alienation
• Best interests of the child
• S.211 needs assessment
• Enforceability and costs

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