Office of the Children’s Lawyer v. Balev

JurisdictionFederal Jurisdiction (Canada)
CourtSupreme Court (Canada)
JudgeMcLachlin, Beverley; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne; Brown, Russell; Rowe, Malcolm
Citation2018 SCC 16
Docket Number37250
Date20 April 2018

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19 practice notes
  • Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association
    • Canada
    • Supreme Court (Canada)
    • July 15, 2022
    ...Tribunal), [1990] 2 S.C.R. 1324; Crown Forest Industries Ltd. v. Canada, [1995] 2 S.C.R. 802; Office of the Children’s Lawyer v. Balev, 2018 SCC 16, [2018] 1 S.C.R. 398; Rahaman v. Canada (Minister of Citizenship and Immigration), 2002 FCA 89, [2002] 3 F.C. 537; R. v. Hape, 2007 SCC 26, [20......
  • Canada (Minister of Citizenship and Immigration) v. Vavilov
    • Canada
    • Supreme Court (Canada)
    • December 19, 2019
    ...2015 SCC 58, [2015] 3 S.C.R. 704; India v. Badesha, 2017 SCC 44, [2017] 2 S.C.R. 127; Office of the Children’s Lawyer v. Balev, 2018 SCC 16, [2018] 1 S.C.R. 398; Benner v. Canada (Secretary of State), [1997] 1 S.C.R. 358; Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3......
  • Court Of Appeal Summaries (August 8, 2022 ' August 12, 2022)
    • Canada
    • Mondaq Canada
    • August 15, 2022
    ...Law Reform Act, R.S.O. 1990, c. C.12, section 46(2), Family Law Rules, O. Reg. 114/99, Office of the Children's Lawyer v. Balev, 2018 SCC 16, Hammerschmidt v. Hammerschmidt, 2013 ONCA 227, Hughes v. Hughes, 2014 BCCA 196, Ojeikere v. Ojeikere, 2018 ONCA 372 Tega Homes (Attika) Inc. v. Spenc......
  • Table of Cases
    • Canada
    • Irwin Books International Law, Doctrine, Practice, and Theory - Third edition Part IV
    • September 1, 2022
    ...26 April 2012, appeal heard and judgment reserved 28 March 2013 ........................... 527 Oice of the Children’s Lawyer v Balev, 2018 SCC 16 .............................................................................. 92, 168 Parent v Singapore Airlines Ltd, [2003] JQ no 18068 (SC) ......
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5 cases
  • Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association
    • Canada
    • Supreme Court (Canada)
    • July 15, 2022
    ...Tribunal), [1990] 2 S.C.R. 1324; Crown Forest Industries Ltd. v. Canada, [1995] 2 S.C.R. 802; Office of the Children’s Lawyer v. Balev, 2018 SCC 16, [2018] 1 S.C.R. 398; Rahaman v. Canada (Minister of Citizenship and Immigration), 2002 FCA 89, [2002] 3 F.C. 537; R. v. Hape, 2007 SCC 26, [20......
  • Canada (Minister of Citizenship and Immigration) v. Vavilov
    • Canada
    • Supreme Court (Canada)
    • December 19, 2019
    ...2015 SCC 58, [2015] 3 S.C.R. 704; India v. Badesha, 2017 SCC 44, [2017] 2 S.C.R. 127; Office of the Children’s Lawyer v. Balev, 2018 SCC 16, [2018] 1 S.C.R. 398; Benner v. Canada (Secretary of State), [1997] 1 S.C.R. 358; Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3......
  • Beairsto v. Cook
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • November 21, 2018
    ...that Justice Hunt’s analysis was inconsistent with the Supreme Court of Canada’s decision in Office of the Children’s Lawyer v. Balev, 2018 SCC 16. The new ground 2. the Appellant cites the decision of the Supreme Court of Canada in Office of the Children’s Lawyer v. Balev, 2018 SCC 16 , w......
  • N. v. F.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 15, 2020
    ...wrongfully removed or retained children to their country of habitual residence”: Office of the Children’s Lawyer v. Balev, 2018 SCC 16, [2018] 1 S.C.R. 398, at para. 24. The return order is not a custody determination, but an order designed to “restore the status quo&#x......
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7 firm's commentaries
  • Court Of Appeal Summaries (August 8, 2022 ' August 12, 2022)
    • Canada
    • Mondaq Canada
    • August 15, 2022
    ...Law Reform Act, R.S.O. 1990, c. C.12, section 46(2), Family Law Rules, O. Reg. 114/99, Office of the Children's Lawyer v. Balev, 2018 SCC 16, Hammerschmidt v. Hammerschmidt, 2013 ONCA 227, Hughes v. Hughes, 2014 BCCA 196, Ojeikere v. Ojeikere, 2018 ONCA 372 Tega Homes (Attika) Inc. v. Spenc......
  • Court Of Appeal Summaries (September 13 ' 17, 2021)
    • Canada
    • Mondaq Canada
    • September 21, 2021
    ...ONCA 79, E. (Mrs.) v. Eve, [1986] 2 S.C.R. 388, Canadian Western Bank v. Alberta, 2007 SCC 22, Office of the Children's Lawyer v. Balev, 2018 SCC 16, McKee v. McKee, [1950] S.C.R. 700, rev'd [1951] 2 D.L.R. 657 (P.C.), R. v. S. (S.), [1990] 2 S.C.R. 254, References re Greenhouse Gas Polluti......
  • Court Of Appeal Summaries (September 13 ' 17, 2021)
    • Canada
    • Mondaq Canada
    • September 21, 2021
    ...ONCA 79, E. (Mrs.) v. Eve, [1986] 2 S.C.R. 388, Canadian Western Bank v. Alberta, 2007 SCC 22, Office of the Children's Lawyer v. Balev, 2018 SCC 16, McKee v. McKee, [1950] S.C.R. 700, rev'd [1951] 2 D.L.R. 657 (P.C.), R. v. S. (S.), [1990] 2 S.C.R. 254, References re Greenhouse Gas Polluti......
  • Court Of Appeal Summaries (February 3 – February 7, 2020)
    • Canada
    • Mondaq Canada
    • April 8, 2020
    ...the Civil Aspects of International Child Abduction, Can. T. S. 1983 No. 35 (Hague Convention), Office of the Children's Lawyer v. Balev, 2018 SCC 16, H.L. v. Canada (Attorney General), 2005 SCC 25 , Salomon v. Matte‑Thompson, 2019 SCC 14 Thistle v. Schumilas, 2020 ONCA 88 Keywords: T......
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7 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books International Law, Doctrine, Practice, and Theory - Third edition Part IV
    • September 1, 2022
    ...26 April 2012, appeal heard and judgment reserved 28 March 2013 ........................... 527 Oice of the Children’s Lawyer v Balev, 2018 SCC 16 .............................................................................. 92, 168 Parent v Singapore Airlines Ltd, [2003] JQ no 18068 (SC) ......
  • Sources of International Law
    • Canada
    • Irwin Books International Law, Doctrine, Practice, and Theory - Third edition Part I
    • September 1, 2022
    ...and the “modern approach” to statutory interpretation in the Canadian domestic legal context, see Oice of the Children’s Lawyer v Balev , 2018 SCC 16 at para 32 [ Balev ], citing Ruth Sullivan, Statutory Interpretation (Toronto: Irwin Law, 2016) at 279. Chapter 2: Sources of International L......
  • Divorce: Jurisdiction; Judgments; Foreign Divorces; Grounds for Divorce; Bars
    • Canada
    • Irwin Books Canadian Family Law - Ninth edition
    • July 25, 2022
    ...2017) at Chapter 7, Section B(7) “Ordinarily Resident”; see also English v McCurdy, 2021 BCCA 376 ; Haroon v Haroon, 2019 ONSC 779 . 2018 SCC 16. See also CCO v JJV, 2019 ABQB 461 , aff’d 2019 ABCA 396 ; OM v ED, 2019 ABCA 509 , discussed in Franks v Zalev, 35 This Week in Family Law, ......
  • Divorce: Jurisdiction; Judgments; Foreign Divorces; Grounds for Divorce; Bars
    • Canada
    • Irwin Books Archive Canadian Family Law. Eighth Edition
    • August 3, 2020
    ...Irwin Law, 2017) at Chapter 7, Section B(7) “Ordinarily Resident”; English v McCurdy, 2019 BCSC 96; Haroon v Haroon, 2019 ONSC 779. 2018 SCC 16. See also CCO v JJV, 2019 ABQB 461, aff’d 2019 ABCA 396; OM v 2019 ABCA 509; RVW v CLW, 2019 ABCA 273; De Oliveira v Campbell, 2019 BCSC 623; Aslan......
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