Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court refused to end spousal support or cancel arrears, but varied support upward after child support ended. The monthly spousal support was set at $3,964.
Motion for stay granted because the Fulton primary test was satisfied: respondent conceded an arguable issue; appellant demonstrated irreparable harm from enforcement, potential irreversible tax consequences from liquidating corporate assets, and risk of non-recovery; balance of convenience favored preserving the status quo pending appeal; motion to strike granted in part with agreed modifications to affidavits and the April 19 affidavit admitted for consideration of irreparable harm.
Source excerpt
The mandatory victim surcharge in s.737 Criminal Code does not infringe ss.7 or 12 of the Charter because (1) committal protections (s.734.7) and the obligation to grant reasonable extensions (s.734.3 as interpreted in Wu) prevent imprisonment of indigent offenders and mitigate liberty/security harms; (2) compelling appearance at a committal hearing is a less severe liberty intrusion rationally connected to legitimate objectives (funding victim services and offender accountability); and (3) the surcharge's effects, while disproportionate in some cases, do not meet the high threshold for gross…
Source excerpt
Court refused to take judicial notice of Alberta conditions absent admissible evidence; found applicant remains intentionally underemployed and the onus to displace prior imputation not met; reduced imputed income from $79,900 to $36,000 based on applicant's skills, past wages and local opportunities; varied child support prospectively to one child from January 2016 based on $36,000 (resulting in $302/month) and forgave arrears equal to the difference accumulated under the 2015 order for that period; terminated spousal support at end of May 2016; required continued medical/dental coverage for…
Source excerpt
Retirement constituted a material change but there was insufficient evidence to impute income or to establish the Wife's claimed tax reimbursement amounts; accordingly spousal support was reduced to $1,000/month effective January 1, 2014, the life insurance obligation was terminated effective January 1, 2014, the Wife's claim for reimbursement of income tax was dismissed for failure to prove the amounts, and the Maintenance Enforcement Program credit is to be applied by reducing payments by $300 until exhausted; each party to bear their own costs absent settlement offers.
Source excerpt
Madame Justice Gray granted the divorce, gave the mother sole custody and guardianship, set detailed access terms for the father, declined a permanent restraining order, and fixed child support and arrears.
Explore more
