Stephane MonPremier

The applicant father brought a motion to enforce a final order for summer parenting time in British Columbia, which the respondent mother denied due to alleged safety concerns stemming from an incident the previous summer.

The mother brought a cross-motion for supervised access in Ottawa and anger management for the father.

The Children's Aid Society (CAS) closed its file without taking a position.

The court found the final order remained in effect and the mother could not unilaterally deny access.

The court was not prepared to restrict access based on uncorroborated hearsay and dismissed the mother's motion, ordering the father's parenting time to proceed as per the final order.

The applicant sought the sale of jointly owned property (a condominium, camping trailer, and boat) and spousal support following the parties' separation.

The respondent sought to set aside the transfer of the condominium into joint ownership, arguing a resulting trust due to a gratuitous transfer for estate planning purposes.

The court found the condominium transfer was gratuitous and the presumption of a resulting trust in favor of the respondent was not rebutted.

Consequently, the condominium title was ordered transferred back to the respondent's sole name.

The applicant's claims for the camping trailer and spousal support were dismissed due to lack of consideration for the trailer and insufficient evidence to support spousal support entitlement.