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Unsupervised parenting time and parallel parenting ordered for father with Bipolar 1 disorder subject to safety plan.
The applicant mother sought an order restricting the respondent father to supervised parenting time due to his Bipolar 1 Affective Disorder, following two manic episodes that occurred during the separation.
The father sought unsupervised parenting time and decision-making responsibility over the children's sports activities, proposing a comprehensive safety plan designed by his treating psychiatrist.
The court found that the father was currently mentally healthy and that restricting him to supervised parenting time would be improperly based on the stigma of his mental health condition.
The court ordered a graduated schedule of unsupervised parenting time with the implementation of the safety plan, and ordered a parallel parenting regime granting the father final decision-making responsibility for sports and the mother final decision-making for health, education, and religion.
Constructive trust claims for land in family law are governed by a ten-year limitation period.
The applicant in a family law case claimed a constructive trust in the respondent's house arising from an alleged 13-year cohabitation.
The respondent moved for summary judgment, arguing the claim was barred by the two-year limitation period under the Limitations Act, 2002.
The court dismissed the motion, finding that a constructive trust claim for an ownership interest in land is an 'action to recover land' governed by the ten-year limitation period under s. 4 of the Real Property Limitations Act.
The court also noted that if the Real Property Limitations Act did not apply, there would be a gap in the legislative scheme for family law constructive trust claims.
