King v. Borserio, 2018 BCCA 308

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice Saunders,The Honourable Madam Justice Fenlon,The Honourable Madam Justice Griffin
Citation2018 BCCA 308
Date26 July 2018
CourtCourt of Appeal (British Columbia)
Docket NumberCA44631
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6 practice notes
  • A.P. v. J.C., 2018 BCSC 1381
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 16 Agosto 2018
    ...A.L. v. L.W., 2017 BCSC 964, at para. 8. The court must not abdicate its role in favour of the recommendations made: King v. Borserio, 2018 BCCA 308, at para. 76. Regardless of the information that goes to the report writer, the court ultimately has the discretion to review the background i......
  • M.F.W. v. M.A.H., 2020 BCCA 284
    • Canada
    • Court of Appeal (British Columbia)
    • 23 Octubre 2020
    ...“expert” and indeed, that the Court should not “abdicate” its role in favour of an assessor’s recommendations: see King v. Borserio 2018 BCCA 308 at para. 76. As observed in A.P. v. J.C. 2018 BCSC 1381: The context under s. 211 is not comparable to that of an expert retained by a party in a......
  • M.S.R. v. D.M.R., 2022 BCSC 1398
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Agosto 2022
    ...outweighs this. I am aware that the court must not abdicate its duty in favour of recommendations made by the expert: King v. Borserio, 2018 BCCA 308 at para. 76. Where I have accepted Dr. Aube’s findings, I have done so with these principles in [287]    In my view the......
  • K.M.N. v S.Z.M.,
    • Canada
    • Court of Appeal (British Columbia)
    • 29 Febrero 2024
    ...not bound by the parenting recommendations made in a s. 211 report: M.F.W. v. M.A.H., 2020 BCCA 284 at para. 22, citing King v. Borserio, 2018 BCCA 308. However, I note that the graduated schedule crafted by the judge was not the schedule recommended by the author of the s. 211 report in th......
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5 cases
  • A.P. v. J.C., 2018 BCSC 1381
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 16 Agosto 2018
    ...A.L. v. L.W., 2017 BCSC 964, at para. 8. The court must not abdicate its role in favour of the recommendations made: King v. Borserio, 2018 BCCA 308, at para. 76. Regardless of the information that goes to the report writer, the court ultimately has the discretion to review the background i......
  • M.F.W. v. M.A.H., 2020 BCCA 284
    • Canada
    • Court of Appeal (British Columbia)
    • 23 Octubre 2020
    ...“expert” and indeed, that the Court should not “abdicate” its role in favour of an assessor’s recommendations: see King v. Borserio 2018 BCCA 308 at para. 76. As observed in A.P. v. J.C. 2018 BCSC 1381: The context under s. 211 is not comparable to that of an expert retained by a party in a......
  • M.S.R. v. D.M.R.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Agosto 2022
    ...outweighs this. I am aware that the court must not abdicate its duty in favour of recommendations made by the expert: King v. Borserio, 2018 BCCA 308 at para. 76. Where I have accepted Dr. Aube’s findings, I have done so with these principles in [287]    In my view the......
  • R.C.L.N. v. A.D.N., 2018 BCSC 2263
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 18 Diciembre 2018
    ...2015 BCCA 8 at para. 66. [84]        In J.B.D.K. v. T.A.B., 2017 BCSC 1186, aff’d 2018 BCCA 308, the Court at para. 58 If the court concludes that the question of primary residence is balanced as between the parents, or the only custodial ......
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