Lauren Harvey

The applicant brought a motion for an order finding the respondent non-compliant with a consent parenting order after she unilaterally suspended his parenting time.

The respondent failed to attend the motion.

The court found the respondent in breach of the order and declined to exercise discretion in her favour given her history of non-compliance.

The court ordered police enforcement for future breaches and directed the respondent to pay the applicant $1,000 for every day of missed parenting time, but declined to order make-up time or a 90-day transfer of primary residence.

The appellant passed away after perfecting an appeal of a final order arising from a binding judicial dispute resolution hearing.

Due to the appellant's death, the proceeding was automatically stayed.

Appellant's counsel brought a motion to be removed from the record as he could not obtain instructions from an authorized estate representative.

The Divisional Court adjourned the appeal, ordered the proceeding to continue against the appellant's estate pursuant to rule 10.02, required the respondent to provide a status update within 90 days, and granted counsel's motion to be removed from the record.

This decision addresses an uncontested trial in a family law matter, covering parenting issues, child and spousal support, section 7 expenses, equalization of net family property, and post-separation adjustments.

The Respondent failed to file an Answer or participate.

The court granted the Applicant sole decision-making responsibility, ordered child support and limited section 7 expenses, and granted a divorce.

It denied spousal support and a blanket relocation order due to insufficient evidentiary foundation.

The court also adjusted the equalization payment, finding the Applicant had received a disproportionate share of matrimonial home sale proceeds, and awarded costs to the Applicant.

The Musqueam Indian Band surrendered valuable reserve lands to the Crown for lease to a golf club on specific terms approved by the Band.

The Crown subsequently entered into a lease on significantly less favourable terms without consulting the Band.

The Supreme Court of Canada held that the Crown's historical responsibility and the statutory scheme of the Indian Act impose a fiduciary duty on the Crown when dealing with surrendered Indian lands.

The Crown breached this fiduciary duty by ignoring the terms approved by the Band, and the Band was awarded $10 million in damages for the lost opportunity to develop the land.