Nestor v. Nestor, 2018 BCCA 453

JurisdictionBritish Columbia
JudgeSaunders
Citation2018 BCCA 453
Date20 November 2018
CourtCourt of Appeal (British Columbia)
Docket NumberCA45622
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5 practice notes
  • Nicholl v. Nicholl, 2020 BCCA 173
    • Canada
    • Court of Appeal (British Columbia)
    • 23 Junio 2020
    ...the applicable legislation: Yu v. Jordan, 2012 BCCA 367 at paras. 54–56; Brown v. Brown, 2020 BCCA 53 at paras. 96–98; Nester v. Nester, 2018 BCCA 453 (Chambers). This is so courts can respect the differences in the two regimes. There is no need for litigants or courts to refer to both the ......
  • Briggs v. Kasdorf,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Noviembre 2020
    ...provisions of the Divorce Act, as the paramount legislation: Hejzlar v. Mitchell-Hejzlar, 2011 BCCA 230, at para. 20; Nestor v. Nestor, 2018 BCCA 453, at para. 8, and there is no reason to apply the FLA. [42] Although not expressly stated under s. 15.1 of the Divorce Act, support may be awa......
  • Lipskaya v. Guo,
    • Canada
    • Court of Appeal (British Columbia)
    • 10 Junio 2021
    ...are currently not limited appeal orders and do not require leave to appeal, pursuant to s. 21(1) of that Act. See Nestor v. Nestor, 2018 BCCA 453. [27]        Justice Skolrood issued his orders in the following [53]      I mak......
  • This Month In NS Family Law ' October 2021
    • Canada
    • Mondaq Canada
    • 11 Noviembre 2021
    ...under the Rules, and the 30-day limitation period under the Divorce Act. The mother relied on federal paramountcy from Nestor v. Nestor, 2018 BCCA 453, and argued that the Divorce Act limitation should be The Court of Appeal relied on the analysis from Elgner v. Elgner, 2011 ONCA 483. The C......
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3 cases
  • Nicholl v. Nicholl, 2020 BCCA 173
    • Canada
    • Court of Appeal (British Columbia)
    • 23 Junio 2020
    ...the applicable legislation: Yu v. Jordan, 2012 BCCA 367 at paras. 54–56; Brown v. Brown, 2020 BCCA 53 at paras. 96–98; Nester v. Nester, 2018 BCCA 453 (Chambers). This is so courts can respect the differences in the two regimes. There is no need for litigants or courts to refer to both the ......
  • Briggs v. Kasdorf,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 12 Noviembre 2020
    ...provisions of the Divorce Act, as the paramount legislation: Hejzlar v. Mitchell-Hejzlar, 2011 BCCA 230, at para. 20; Nestor v. Nestor, 2018 BCCA 453, at para. 8, and there is no reason to apply the FLA. [42] Although not expressly stated under s. 15.1 of the Divorce Act, support may be awa......
  • Lipskaya v. Guo,
    • Canada
    • Court of Appeal (British Columbia)
    • 10 Junio 2021
    ...are currently not limited appeal orders and do not require leave to appeal, pursuant to s. 21(1) of that Act. See Nestor v. Nestor, 2018 BCCA 453. [27]        Justice Skolrood issued his orders in the following [53]      I mak......
2 firm's commentaries
  • This Month In NS Family Law ' October 2021
    • Canada
    • Mondaq Canada
    • 11 Noviembre 2021
    ...under the Rules, and the 30-day limitation period under the Divorce Act. The mother relied on federal paramountcy from Nestor v. Nestor, 2018 BCCA 453, and argued that the Divorce Act limitation should be The Court of Appeal relied on the analysis from Elgner v. Elgner, 2011 ONCA 483. The C......
  • This Month In NS Family Law ' October 2021
    • Canada
    • Mondaq Canada
    • 11 Noviembre 2021
    ...under the Rules, and the 30-day limitation period under the Divorce Act. The mother relied on federal paramountcy from Nestor v. Nestor, 2018 BCCA 453, and argued that the Divorce Act limitation should be The Court of Appeal relied on the analysis from Elgner v. Elgner, 2011 ONCA 483. The C......

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