Canada Case Law

N.D.A. v. A.N.P.

Court

Supreme Court of British Columbia

Income was imputed at $34,000 to the mother because she demonstrated capacity to work (strong work history, recent employment as a cleaner), the youngest children are older than parental leave benchmarks so childcare constraints did not justify continued non-employment, and significant nondisclosure of current household financial information prevented a proper assessment of claimed hardship; accordingly child support was recalculated and a setoff established effective November 1, 2025.

Source excerpt

• Imputation of income
• Child support calculation and setoff
• Effective date of variation
• Financial nondisclosure consequences
• Costs scheduling and procedure
• Repayment of overpayment

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Palackamthundathil v. Paul

Court

Supreme Court of Nova Scotia

Father bore the onus to prove on a balance of probabilities that relocation to India was not in Adam's best interests (child spent the vast majority of time with mother); he failed to discharge that burden because the mother's plan offered stability, housing, employment and family support in India and the father's plan was contingent and uncertain; therefore relocation was permitted, primary care awarded to the mother, with specified decision-making, information and contact orders and a child support obligation ordered of $274/month.

Source excerpt

• Relocation
• Best interests of the child
• Parenting time
• Burden of proof
• Decision-making authority
• Child support

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C.C. v. S.P.R.

Court

Supreme Court of British Columbia

The court upheld the prenuptial agreement, dismissed the respondent’s spousal support claim, set child support under the Guidelines, and found separation on June 19, 2019.

• Prenuptial agreement
• Spousal support
• Child support
• Section 7 expenses
• Date of separation
• Costs

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K.S.P. v. J.T.P.

Court

Supreme Court of British Columbia

Family law application partly granted. The court ordered limited anonymization and targeted records and expert orders, but refused bifurcation, adjournment, and extra discovery time.

• Bifurcation
• Adjournment
• Anonymization
• Medical records production
• Discovery time limits
• Expert evidence

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El Issa v. Batista

Court

Supreme Court of British Columbia

The court awarded the Claimant $4,400 in costs for a pre-trial family application, in any event of the cause, but refused special costs and deferred payment.

• Costs award
• Special costs
• Preservation of status quo
• Pre-trial custody
• Family-law
• Costs

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Enns v. Mitchell

Court

Supreme Court of British Columbia

The court prohibited the mother’s proposed relocation of the children to Australia, found the plan was not in good faith or workable, and denied retroactive 2016 child support.

• Relocation under family law act s.69
• Best interests of the child s.37
• Good faith requirement s.69(6)
• Reasonable and workable arrangements s.69(4)(a)(ii)
• Retroactive child support
• Enforcement and variation of separation agreement

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Baldus v. Lillow

Court

Supreme Court of British Columbia

The court allowed a relocation application, permitting the child to move from Mackenzie to Quesnel, set compensatory parenting time, and ordered a section 211 report.

• Relocation
• Parenting time
• Best interests of the child
• Section 211 report
• Costs
• Family-law

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S.R.W. v. R.C.D.A.D.

Court

Supreme Court of British Columbia

La Cour suprême de la Colombie-Britannique refuse la relocalisation proposée à Salmon Arm, accorde le divorce et rend une ordonnance de temps parental ainsi que des directives sur le soutien.

• Relocation
• Parenting time
• Guardianship
• Best interests of the child
• Family law act provisions (ss.37,46,49,66,69)
• Parenting-time

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Duggan v. White

Court

British Columbia Court of Appeal

Court of Appeal allowed a mother’s relocation appeal, holding the trial judge erred by using a necessity lens and by privileging the status quo.

• Relocation under family law act s.46
• Best interests of the child
• Status quo/double-bind
• Necessity test for reasons to move
• Economic self-sufficiency
• Family-law

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Leung v. Kroeker

Court

Supreme Court of British Columbia

The court refused to stop the respondent’s move to Langley, holding it was not a relocation under the Family Law Act and making mutual conduct orders.

• Relocation
• Parenting time
• Child support
• Best interests of the child
• Conduct orders
• Notification requirements

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