Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34833
Lilach Stav v. Gil Stav
(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) |
|---|---|---|
| 2012-09-10 | Close file on Leave | |
| 2012-09-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-09-07 | Judgment on leave sent to the parties | |
| 2012-09-06 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039325, 2012 BCCA 154, dated April 5, 2012, is dismissed with costs Dismissed, with costs |
|
| 2012-09-06 |
Decision on motion to expedite the application for leave to appeal, See judgment Granted |
|
| 2012-07-03 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-07-03 | Submission of motion to expedite the application for leave to appeal, LeB Abe Cro | |
| 2012-06-22 | Correspondence received from, Marie-France Major, letter dated June 22, 2012, re.: no Response to motion to Expedite will be filed | Gil Stav |
| 2012-06-20 | Response to the motion to expedite the application for leave to appeal, consent in the form of an affidavit sworn June 19/12, Completed on: 2012-06-20 | Gil Stav |
| 2012-06-20 | Motion to expedite the application for leave to appeal, Completed on: 2012-06-20 | Lilach Stav |
| 2012-06-11 | Respondent's response on the application for leave to appeal, Completed on: 2012-06-11 | Gil Stav |
| 2012-05-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-05-18 | Book of authorities | Lilach Stav |
| 2012-05-18 | Application for leave to appeal, service missing - rec'd June 4, 2012, Completed on: 2012-06-04 | Lilach Stav |
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 |
|---|---|---|
| Stav, Lilach | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Stav, Gil | Respondent | Active |
Counsel
Party: Stav, Lilach
Counsel
1201 - 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 669-2030
FAX: (604) 669-2038
Email: ben@ingramlang.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Stav, Gil
Counsel
270 - 10711 Cambie Road
Richmond, British Columbia
V6X 3G5
Telephone: (604) 270-9571
FAX: (604) 270-8282
Email: kahn@kzellaw.com
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Summary
Keywords
None.
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.
Family law – Custody – Mobility rights – Mother wishing to take three children of the marriage from residence in British Columbia to live with her in Israel – Father opposing move – Whether time is ripe for review of guiding principles in Gordon v. Goertz, [1996] 2 S.C.R. 27 in order to modernize and improve the manner in which these cases are resolved - Whether Court of Appeal erred in law in overturning the ruling of the trial judge concerning the best interests of the children and the order permitting the mother to return to Israel with the children
The parents were born, raised and educated in Israel. They married there in 1995 and their son was born in 1997. In 2002, the family moved to Vancouver and in 2005, they became Canadian citizens, the same year their twins were born. Ms. Stav suffered from post partum depression following the birth and the marriage began to deteriorate. Mr. Stav believes they separated in 2005, while Ms. Stav thinks it was in 2007. In any event, the parties continued to reside separate and apart in the matrimonial home and shared parenting of the three children for over five years. The parties do not own property in Canada and each has borrowed money from family and friends for family related expenses. Although well-educated, Ms. Stav has been unable to find work in Canada. Mr. Stav is a software architect and developer and has been employed in Canada, although not continuously. He earned $90,000 per annum at the time of trial. Ms. Stav’s family resides in and around Tel Aviv. Mr. Stav has family near Tel Aviv but also has one sister who lives in Vancouver with her family. Ms. Stav applied to the court for an order permitting her to take the children to live with her in Israel.
Lower court rulings
Supreme Court of British Columbia
E103335
Order providing for, inter alia, joint custody and guardianship of the children with primary residence to the mother in Israel with defined access to the father
Court of Appeal for British Columbia (Vancouver)
2012 BCCA 154, CA039325
Appeal allowed; parents to have joint custody and guardianship with primary residence to father in Vancouver as of June 30, 2012. Mother to have specified access on shared parenting basis.
Filed documents
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 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available