Tsui v. Chow

Tsui v. Chow

Associate Judge Bilawich held that on the interim record the respondent's resignation and relocation without securing alternative employment was unreasonable and coupled with his failure to produce income tax returns justified imputing his Guideline income at $420,000 (based on his last disclosed Hong Kong income) for interim support purposes; accordingly interim child support of $3,500/month (from Jan 1, 2025) and interim spousal support of $11,200/month (from Aug 1, 2024) were ordered, s.7 expenses were ordered 100% payable by respondent, the respondent's shared-parenting application was dismissed as premature given unsettled living arrangements and child's maturity, sale of the HK...

Citation
2025 BCSC 14
Parties
Claimant: Ching Tsui; Respondent: Stephen Marcellus Chow
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 January 2025
Procedural Posture
Family Law Interim Applications / Hearing on Interim Applications and Document Production (nov 28 29, 2024); Decision on Interim Relief and Directions Pending Trial
Outcome
Interim relief granted in part and denied in part: respondent's shared parenting and sale of North Van dismissed; respondent's HK property sale permitted under conditions; respondent's guideline income imputed and interim child and spousal support ordered; broad financial disclosure ordered.
Legal Topics
Interim Support, Imputation of Income, Tax Gross Up for Non Resident Income, Parenting Arrangements and Best Interests, Section 7 Special Expenses, Sale of Matrimonial Property, Document Production and Discovery, Hague Convention Jurisdiction
Source Language
English
Family Law Child Support Spousal Support Property Division International Child Abduction Civil Procedure Disclosure Interim Support Imputation of Income +6 more

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Parties

Ching Tsui

Claimant

Stephen Marcellus Chow

Respondent

Procedural Posture

Family Law Interim Applications / Hearing on Interim Applications and Document Production (nov 28 29, 2024); Decision on Interim Relief and Directions Pending Trial

Legal Issues

  1. 1 Whether interim child support and spousal support should be ordered and in what amounts
  2. 2 Whether respondent's foreign income should be imputed/grossed up for Guidelines purposes
  3. 3 Whether shared 50/50 parenting should be ordered pending respondent's relocation

Ratio Decidendi

Associate Judge Bilawich held that on the interim record the respondent's resignation and relocation without securing alternative employment was unreasonable and coupled with his failure to produce income tax returns justified imputing his Guideline income at $420,000 (based on his last disclosed Hong Kong income) for interim support purposes; accordingly interim child support of $3,500/month (from Jan 1, 2025) and interim spousal support of $11,200/month (from Aug 1, 2024) were ordered, s.7 expenses were ordered 100% payable by respondent, the respondent's shared-parenting application was dismissed as premature given unsettled living arrangements and child's maturity, sale of the HK...

Court Disposition

Interim relief granted in part and denied in part: respondent's shared parenting and sale of North Van dismissed; respondent's HK property sale permitted under conditions; respondent's guideline income imputed and interim child and spousal support ordered; broad financial disclosure ordered.

Orders

  • Parties to continue as joint guardians and both exercise s.41 FLA parenting responsibilities (by consent)
  • Respondent's application for interim shared parenting (week-on/week-off) dismissed