Sferruzzi v. Allan

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeLaskin, Gillese and Strathy, JJ.A.
Citation[2013] O.A.C. Uned. 392 (CA),[2013] O.A.C. Uned. 392,2013 ONCA 496
Date23 July 2013
Subject MatterFAMILY LAW,PRACTICE

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
14 practice notes
  • Court Of Appeal Summaries (January 30, 2023 ' February 3, 2023)
    • Canada
    • Mondaq Canada
    • February 9, 2023
    ...of Review, Evidence, Judicial Notice, Evidence Act, R.S.O. 1990, c. E.23, s. 25, Housen v. Nikolaisen, 2002 SCC 33, Sferruzzi v. Allan, 2013 ONCA 496, Van de Perre v. Edwards, 2001 SCC 60, Hickey v. Hickey, [1999] 2 S.C.R. 518, N.S. v. R.M., 2019 ONCA 685, R. v. Abbey, 2017 ONCA 640, ITV Te......
  • Parenting Arrangements After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Sixth Edition
    • August 29, 2015
    ...views of the custodial parent, see Delichte v Rogers , 2011 MBCA 50. Compare Rink v Rempel , 2011 SKQB 472. See also Sferruzzi v Allan , 2013 ONCA 496. Canadian family law 530 (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirabil......
  • Parenting Arrangements after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Seventh Edition
    • August 29, 2017
    ...views of the custodial parent, see Delichte v Rogers , 2011 MBCA 50. Compare Rink v Rempel , 2011 SKQB 472. See also Sferruzzi v Allan , 2013 ONCA 496. Canadian family law 574 6. The focus is on the best interests of the child, not the interests and rights of the parents. 7. More particular......
  • Thompson v. Drummond
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 26, 2018
    ...burden of proof on the party seeking to relocate to prove that the proposed move is in the child’s best interests. (Sferruzzi v. Allan, 2013 ONCA 496 (C.A.), at para. 46). 4. The courts have also emphasized the principle that the custodial parent’s wishes must be given significant weight an......
  • Get Started for Free
10 cases
  • Thompson v. Drummond
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 26, 2018
    ...burden of proof on the party seeking to relocate to prove that the proposed move is in the child’s best interests. (Sferruzzi v. Allan, 2013 ONCA 496 (C.A.), at para. 46). 4. The courts have also emphasized the principle that the custodial parent’s wishes must be given significant weight an......
  • B.C.J.B. v. E.-R.R.R.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • September 22, 2021
    ...for palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 8-10, 25. In Sferruzzi v. Allan, 2013 ONCA 496, 33 R.F.L. (7th) 1, at para. 43, the Ontario Court of Appeal explained that the standard of appellate review in family law matters pertaining t......
  • JMM v TLG
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 5, 2019
    ...support the parent and the child will have around them in the new residence is relevant to determining best interests (Sferruzzi v Allan, 2013 ONCA 496). [16] One must not focus too keenly on single considerations. The analysis must be holistic, requiring a “full and sensitive inquiry” into......
  • K. J. B. S. v. S.G.S.
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • June 29, 2018
    ...parent’s views are entitled to great respect. [… see Delichte v Rogers, 2011 MBCA 50 … Rink v Rempel, 2011 SKQB 472 … Sferruzzi v Allan, 2013 ONCA 496] 5. Each case turns on its own unique circumstances. The only issue is the best interests of the child in the particular circumstances of th......
  • Get Started for Free
2 firm's commentaries
  • Court Of Appeal Summaries (January 30, 2023 ' February 3, 2023)
    • Canada
    • Mondaq Canada
    • February 9, 2023
    ...of Review, Evidence, Judicial Notice, Evidence Act, R.S.O. 1990, c. E.23, s. 25, Housen v. Nikolaisen, 2002 SCC 33, Sferruzzi v. Allan, 2013 ONCA 496, Van de Perre v. Edwards, 2001 SCC 60, Hickey v. Hickey, [1999] 2 S.C.R. 518, N.S. v. R.M., 2019 ONCA 685, R. v. Abbey, 2017 ONCA 640, ITV Te......
  • Top 5 Civil Appeals from the Court of Appeal (September 2013)
    • Canada
    • Mondaq Canada
    • September 25, 2013
    ...July 9, 2013 Henry v. Gore Mutual Insurance Company, 2013 ONCA 480 (Simmons, Hoy and Strathy JJ.A.), July 16, 2013 Sferruzzi v. Allan, 2013 ONCA 496 (Laskin, Gillese and Strathy JJ.A.), July 23, 2013 Barclays Bank PLC v. Devonshire Trust, 2013 ONCA 494 (Goudge, Sharpe and Simmons JJ.A.)......
2 books & journal articles
  • Parenting Arrangements after Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Seventh Edition
    • August 29, 2017
    ...views of the custodial parent, see Delichte v Rogers , 2011 MBCA 50. Compare Rink v Rempel , 2011 SKQB 472. See also Sferruzzi v Allan , 2013 ONCA 496. Canadian family law 574 6. The focus is on the best interests of the child, not the interests and rights of the parents. 7. More particular......
  • Parenting Arrangements After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Sixth Edition
    • August 29, 2015
    ...views of the custodial parent, see Delichte v Rogers , 2011 MBCA 50. Compare Rink v Rempel , 2011 SKQB 472. See also Sferruzzi v Allan , 2013 ONCA 496. Canadian family law 530 (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirabil......