Victories Feed

Precedents that changed the system

Every entry here moved the law toward protecting survivors. Use them to understand your rights — and to remember that change is real and ongoing.

  1. ParentingDecember 9, 2022· Supreme Court of Canada

    Risk and harm allegations must be assessed on real evidence

    F. v N., 2022 SCC 51

    In an international relocation dispute, the Court underscored an evidence-based best-interests analysis and the careful, realistic assessment of harm and family-violence allegations.

    Impact: Reinforces the need to build a strong evidentiary record — affidavits, records, and documented patterns.

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  2. Coercive controlMay 20, 2022· Supreme Court of Canada

    Coercive control recognised as central to parenting decisions

    Barendregt v Grebliunas, 2022 SCC 22

    The Supreme Court restored a relocation order in favour of a mother, confirming that family violence and patterns of coercive, controlling behaviour are critical to the best-interests-of-the-child analysis — even when the child is not the direct target.

    Impact: Survivors can place a documented pattern of control at the centre of a parenting case, not the margins.

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  3. Child supportJuly 23, 2021· Supreme Court of Canada

    Payors cannot escape support through delay or non-disclosure

    Colucci v Colucci, 2021 SCC 24

    The Court set a clear framework for varying child support and refused a retroactive decrease, stressing that timely, complete financial disclosure is the 'linchpin' of the system and that a payor cannot benefit from their own non-disclosure.

    Impact: Strong authority against financial abuse by income concealment and stonewalling.

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  4. ReformMarch 1, 2021· Parliament of Canada

    Modernised Divorce Act takes effect — family violence defined in law

    An Act to amend the Divorce Act (Bill C-78)

    Landmark amendments replaced 'custody/access' with 'decision-making/parenting time', added a detailed best-interests list, and for the first time defined family violence to expressly include 'a pattern of coercive and controlling behaviour' (s. 2 and s. 16(4)).

    Impact: Coercive control is now a named statutory factor courts must consider — the single most important legal change for survivors in a generation.

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  5. ReformMarch 1, 2021· Ontario Legislature

    Ontario's Children's Law Reform Act aligned with family-violence factors

    Children's Law Reform Act, RSO 1990, c C.12

    Ontario amended the CLRA in parallel with the federal reforms so that unmarried and non-divorcing parents benefit from the same best-interests and family-violence framework, including consideration of coercive and controlling behaviour.

    Impact: Survivors who were never married now have the same statutory family-violence protections in Ontario parenting cases.

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  6. Child supportSeptember 18, 2020· Supreme Court of Canada

    Retroactive child support survives even after children grow up

    Michel v Graydon, 2020 SCC 24

    A unanimous Court allowed a retroactive child support claim brought after the child was an adult, condemning years of income concealment and reaffirming that child support is the child's right.

    Impact: Years of underpayment caused by hidden income can still be recovered.

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  7. PropertyFebruary 18, 2011· Supreme Court of Canada

    Common-law partners can share accumulated wealth

    Kerr v Baranow, 2011 SCC 10

    The Court created the 'joint family venture' approach to unjust enrichment, allowing unmarried partners to claim a proportionate share of wealth built together.

    Impact: Critical for survivors who were never married but contributed to a shared life and assets.

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  8. PropertyFebruary 6, 2009· Supreme Court of Canada

    Agreements built on exploitation can be set aside

    Rick v Brandsema, 2009 SCC 10

    The Court set aside a separation agreement where a husband exploited a vulnerable spouse and failed to disclose assets, affirming the duty of full and honest financial disclosure.

    Impact: A foundation for challenging agreements signed under control, pressure, or without disclosure.

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