Case information
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39533
Ashley Suzanne Barendregt v. Geoff Bradley Grebliunas
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-06-01 | Appeal closed | |
| 2022-05-20 |
Written reasons rendered after oral judgment, CJ Mo Ka Côt Br Row Mar Kas Ja Allowed, with costs |
|
| 2021-12-29 |
Transcript received, 170 pages - Day 1 80 pages - Day 2 |
|
| 2021-12-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-12-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-12-02 | Judgment reserved OR rendered with reasons to follow | |
| 2021-12-02 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46634, 2021 BCCA 11, dated January 13, 2021, was heard on December 1 and 2, 2021, and the Court on December 2, 2021, delivered the following judgment orally: THE CHIEF JUSTICE — A majority of this Court would allow the appeal, set aside the decision of the Court of Appeal, and restore paras. 1 to 6 of Justice Saunder’s order regarding the primary residence of the children, with costs in this Court and the courts below. Reasons to follow. Justice Côté dissents. Allowed, with costs |
|
| 2021-12-02 |
Hearing of the appeal, 2021-12-01, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-11-29 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-11-29) | Ashley Suzanne Barendregt |
| 2021-11-26 | Respondent's condensed book, (Book Form), (Electronic version filed on 2021-11-29) | Geoff Bradley Grebliunas |
| 2021-11-26 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-29) | Office of the Children's Lawyer |
| 2021-11-25 | Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing | |
| 2021-11-17 | Intervener's book of authorities, (Book Form), Completed on: 2021-11-18, (Printed version due on 2021-11-24) | West Coast LEAF Association |
| 2021-11-17 | Intervener's factum, (Book Form), Completed on: 2021-11-18, (Printed version filed on 2021-11-17) | West Coast LEAF Association |
| 2021-11-16 | Intervener's factum, (Book Form), Completed on: 2021-11-18, (Printed version filed on 2021-11-16) | Office of the Children's Lawyer |
| 2021-11-10 |
Notice of appearance, Darius Bossé, Mark Power and Ryan Beaton will appear before the Court. Darius Bossé and Mark Power will present oral argument. |
Ashley Suzanne Barendregt |
| 2021-11-10 | Notice of appearance, Georgialee Lang will appear before the Court and will present oral argument. | Geoff Bradley Grebliunas |
| 2021-11-09 |
Notice of appearance, Claire E. Hunter, Q.C., Kate Feeney, Kimberley Hawkins and Diana C. Sepúlveda will appear before the Court. Claire E. Hunter, Q.C. will present oral argument. |
West Coast LEAF Association |
| 2021-11-04 | Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings | |
| 2021-11-01 |
Notice of appearance, Ian Ross, Caterina E. Tempesta and Samantha Wisnicki will appear before the Court. Ian Ross will present oral argument. |
Office of the Children's Lawyer |
| 2021-10-06 | Order on motion for leave to intervene, by Justice Karakatsanis (sent to parties by email) | |
| 2021-10-06 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Office of the Children’s Lawyer and the West Coast LEAF Association and Rise Women’s Legal Centre for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said two (2) interveners or groups of interveners shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before November 17, 2021. The said interveners or groups of interveners are granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal. The interveners or goups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2021-10-06 | Submission of motion for leave to intervene, (2 motions), Ka | |
| 2021-10-04 | Respondent's book of authorities, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-10-04) | Geoff Bradley Grebliunas |
| 2021-10-04 | Respondent's factum, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-10-04) | Geoff Bradley Grebliunas |
| 2021-09-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-20 | Ashley Suzanne Barendregt |
| 2021-09-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-09-09 | Geoff Bradley Grebliunas |
| 2021-09-07 | Motion for leave to intervene, (Book Form), Completed on: 2021-09-24 | West Coast LEAF Association |
| 2021-08-31 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/08/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-03) |
Office of the Children's Lawyer |
| 2021-08-09 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-08-16) | Ashley Suzanne Barendregt |
| 2021-08-09 | Appellant's record, (Book Form), Completed on: 2021-08-23, (Printed version filed on 2021-08-10) | Ashley Suzanne Barendregt |
| 2021-08-09 | Appellant's book of authorities, (Book Form), Completed on: 2021-08-23, (Printed version filed on 2021-08-10) | Ashley Suzanne Barendregt |
| 2021-08-09 | Appellant's factum, (Book Form), Completed on: 2021-08-23, (Printed version filed on 2021-08-10) | Ashley Suzanne Barendregt |
| 2021-07-13 | Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar advising the parties of the filing deadlines. | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-12-02, Scheduled for December 1, 2021 and December 2, 2021. (Day 2: For Webcasting Purposes Only) |
|
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-12-01, Scheduled for December 1, 2021 and December 2, 2021. Judgment rendered |
|
| 2021-06-14 | Notice of appeal, (Book Form), Completed on: 2021-06-29, (Printed version due on 2021-06-21) | Ashley Suzanne Barendregt |
| 2021-05-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-05-13 | Judgment on leave sent to the parties | |
| 2021-05-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46634, 2021 BCCA 11, dated January 13, 2021, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2021-04-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-03-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-03-29, (Printed version filed on 2021-04-01) | Geoff Bradley Grebliunas |
| 2021-03-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-03-01 | |
| 2021-03-01 | Application for leave to appeal, (Book Form), require: filing fee (received 2021-03-02), Completed on: 2021-03-02, (Printed version due on 2021-03-08) | Ashley Suzanne Barendregt |
| 2021-02-12 | Order issued on motion for a stay of execution, by KARAKATSANIS J. | |
| 2021-02-12 |
Decision on the motion for a stay of execution, Ka, UPON APPLICATION by the applicant, pursuant to section 65.1 (1) of the Supreme Court Act and Rule 62 of the Rules of the Supreme Court of Canada, for a stay of execution of the judgment of the Court of Appeal for British Columbia, Number CA46634, 2021 BCCA 11, dated January 13, 2021, until the application for leave to appeal is dismissed or, if leave to appeal is granted, until the appeal is disposed of, and for an order to expedite the motion for a stay of execution; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to expedite the motion for a stay of execution is granted. The motion for a stay of execution is granted. The disposition by Saunders J. of the Supreme Court of British Columbia dated December 18, 2019, regarding parenting time for the father, shall remain in effect. The consideration of the application for leave to appeal shall be expedited and the applicant shall serve and file the complete and compliant application for leave to appeal on or before March 1, 2021. Granted |
|
| 2021-02-12 | Submission of motion for a stay of execution, Ka | |
| 2021-02-11 | Reply to motion for a stay of execution, (Letter Form), Completed on: 2021-02-11, (Printed version due on 2021-02-18) | Ashley Suzanne Barendregt |
| 2021-02-04 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-02-11) | Geoff Bradley Grebliunas |
| 2021-02-04 | Response to the motion for a stay of execution, (Book Form), Completed on: 2021-02-04, (Printed version due on 2021-02-11) | Geoff Bradley Grebliunas |
| 2021-01-27 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2021-01-27 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-02-03) | Ashley Suzanne Barendregt |
| 2021-01-26 | Correspondence received from, (Letter Form), Letter explaining the motion to stay, (Printed version due on 2021-02-02) | Ashley Suzanne Barendregt |
| 2021-01-26 | Motion for a stay of execution, (Book Form), (Included in the notice of application for leave to appeal), Completed on: 2021-01-27 | Ashley Suzanne Barendregt |
| 2021-01-26 | Notice of application for leave to appeal, (Book Form), Completed on: 2021-01-27, (Printed version due on 2021-02-02) | Ashley Suzanne Barendregt |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Barendregt, Ashley Suzanne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Grebliunas, Geoff Bradley | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Office of the Children's Lawyer | Intervener | Active |
| West Coast LEAF Association | Intervener | Active |
| Rise Women's Legal Centre | Intervener | Active |
Counsel
Party: Barendregt, Ashley Suzanne
Counsel
Mark C. Power
Ryan Beaton
Maxime Chambers-Dumont
Glenford Emerson Greene
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5566
FAX: (613) 702-5566
Email: DBosse@juristespower.ca
Party: Grebliunas, Geoff Bradley
Counsel
1201 - 808 Nelson Street
P.O. Box 12163
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 669-7080
FAX: (604) 669-2038
Email: glang@georgialeelang.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Office of the Children's Lawyer
Counsel
Caterina E. Tempesta
Samantha Wisnicki
393 University Avenue
14th Floor
Toronto, Ontario
M5G 1W9
Telephone: (416) 314-8098
FAX: (416) 314-0557
Email: ian.m.ross@ontario.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: West Coast LEAF Association
Counsel
Kate Feeney
Kimberley Hawkins
Diana C. Sepulveda
2100 - 1040 West Georgia St. W
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2403
FAX: (604) 647-4554
Email: chunter@litigationchambers.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Rise Women's Legal Centre
Counsel
Kate Feeney
Kimberley Hawkins
Diana C. Sepulveda
2100 - 1040 West Georgia St. W
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2403
FAX: (604) 647-4554
Email: chunter@litigationchambers.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
Family law - Custody - Mobility rights - Evidence - New evidence - Court of Appeal overturning trial judge’s decision to allow mother of children to relocate with them to distant community close to her family - Court of Appeal allowing admission of father’s new evidence of financial improvements occurring since hearing of appeal and overturning relocation order - Whether the conditions under which new evidence may be admitted are unclear, particularly in custody disputes - How should the Palmer test to admit fresh or new evidence be applied in the “slightly relaxed” conditions of custody cases? - Whether a different test should be applied to applications involving “fresh” evidence as opposed to “new” evidence? - Palmer v. The Queen, [1980] 1 S.C.R. 759.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The parties were married in 2013 and separated in 2018 and have two children, ages 7 and 5. In December 2019, the trial judge granted the appellant’s application for primary residence of the children and to relocate with them to a town a thousand kilometres away from the former matrimonial home where the respondent resided. This decision was overturned on appeal but the order was stayed.
Lower court rulings
Supreme Court of British Columbia
E18295, 2019 BCSC 2192
Order allowing mother to relocate with children
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 11 ;, CA46634 ;
Father’s appeal allowed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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