The British Columbia Court of Appeal has ruled that the tort of conspiracy has no place in family law. Jodie Waters sued her ex-husband and his new wife, claiming that they conspired to transfer assets so as to thwart her claim for child support. The Court of Appeal decided that there is comprehensive child support legislation in place to allow Ms. Waters to pursue her claim for proper child support, without resorting to alleging conspiracy.
The Court also found that for reasons of public policy, the tort of conspiracy should not be used in the family law context. It relied on comments made by the Supreme Court of Canada in a 1987 case, in which the judges commented that use of the tort was not in the best interests of children and would do little to encourage the maintenance and development of a relationship between both parents and their children.
Waters v. Michie, 2011 BCCA 364 (CanLII)
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