WestlawNext Canada insight Blog

CATEGORIES: Digest of the Week

Office of children's lawyer requested that trial judge provide written reasons to explain why she was prepared to accept consent mid-trial when child, who had rights as party, was opposed to order; Reasons were not provided; Appeal allowed; Trial judge erred in law making final order before competition of trial when child opposed order

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Trial concluded in January 2020 and since then there had been public health directives greatly restricting business operations in British Columbia; Both parties were given leave to return to court to ensure that any prospective support orders reflected any COVID-19 related impacts on incomes that were of more than temporary nature.

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Someone living in mother's home didn't properly quarantine after returning from out-of-province; child to stay with father until full 14 day quarantine completed; if no signs of illness, child would be returned to mother's care; once child was returned to mother, father's in-person parenting time with child would be suspended until further review by court

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COVID-19 awareness and meaningful timesharing are not mutually exclusive

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Children's lives and vitally important family relationships could not be put on hold indefinitely without risking serious emotional harm and upset. Blanket policy that children should never leave primary residence, even to visit other parent, was inconsistent with comprehensive analysis of best interests of child.

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There should be no unilateral withholding of access or parenting time except in true emergency situations where there was imminent risk to child's health or safety

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Recent application challenging the validity of a will.

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Two jurisdictions' recent decisions on assisted human reproduction and parentage.

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Does a person in a marriage-like relationship owe the other person a fiduciary duty with respect to the disposition of assets on death?

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Alienation of children from their mother was contrary to their best interests; Father's admitted conduct exposed significant behaviour disturbances and aggressive and controlling texts directed to mother were put before court as evidence.

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What are the limitations on judicial discretion on costs when settlement offers aren’t accepted

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Trial judge erred in duration of spousal support award and spousal support was ordered on indefinite basis; Although trial judge did not expressly make finding of entitlement on compensatory basis, he functionally did just that

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