Summary

39567

Tiffany Jo Kreke v. Amro Abdullah M Alansari

(Saskatchewan) (Civil) (By Leave)

Keywords

Family law - Custody - Relocation - Spousal support - Court of Appeal overturning trial judgment allowing appellant to relocate with child and awarding appellant primary residence - Court of Appeal reducing spousal support payable to appellant and ordering new trial on relocation and parenting issues - What is the scope of the Court of Appeal’s jurisdiction to intervene in relocation decisions? - Whether the Court of Appeal erred in drawing conclusions on the evidence after ordering a new trial - What is the scope of the Court of Appeal’s jurisdiction to intervene in spousal support decisions? - Whether the Court erred in substituting its findings of fact for those of the trial judge and in misapprehending evidence - Whether the Court of Appeal applied the applicable case law correctly - Whether the Court of Appeal erred by overturning the spousal maintenance award

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 separated after ten years of marriage. They had one child together and the applicant had two children from a previous marriage. The Court of Appeal overturned the trial judge’s decision that awarded joint custody of the one child, with primary care to the applicant and allowed her to relocate within the province with that child. It also reduced the amount of spousal support awarded to her. A new trial was ordered on the issues of custody, access, primary care and relocation.

Lower Court Rulings

July 4, 2019
Court of Queen’s Bench of Saskatchewan

DIV 423 of 2018
See file
July 17, 2019
Court of Queen’s Bench of Saskatchewan

DIV 423 of 2018
See file
October 28, 2020
Court of Appeal for Saskatchewan

2020 SKCA 122, CACV3448, CACV3466
See file