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custody

B.J.T. v J.D.: Considerations for Determining the Best Interests of the Child

B.J.T. v J.D., 2022 SCC 24 [B.J.T.] is a case concerning a custody dispute over a child in relation to the Child Protection Act, R.S.P.E.I. 1988, c. C-5.1 [CPA], Prince Edward Island’s child protection legislation.  The story of the parties is long, complicated, and distressing, with the battle for custody of W.D., the child, between […]

Departing from the “Natural Parent Presumption” in BJT v JD

Families come in all shapes and sizes, and the primary caregivers of a child in a given family aren’t necessarily always the child’s parents. The law, however, has struggled to grasp the diversity of family structures in the context of custody hearings. The Prince Edward Court of Appeal (“PECA”) faced this dilemma in BJT v […]

Econolodge v Lombard: Custody as a Question of Fact

When you park your car at a hotel or restaurant, or leave it with a valet, you might not think twice about leaving the keys behind. But can a business that holds the keys to your car be considered to exercise "care and control" over it? 3091‑5177 Québec Inc (Éconolodge Aéroport) v Lombard General Insurance […]

The Curious Case of Darwin the Ikea Monkey

On December 9, 2012, social media was ablaze with reports of a small monkey in a winter coat and diaper, wandering around an Ikea parking lot, apparently looking for its owners. The “Ikea Monkey”, as the animal was later dubbed, entered the furniture store and was subsequently picked up by Toronto Animal Services. Darwin the […]