Canada Case Law

A.C.S. v. C.J.S.

Court

Supreme Court of British Columbia

The court excluded the GoFundMe donations from the claimant's Guideline income and found the claimant's Guideline income commencing October 1, 2025 to be CAD 32,552 (employment insurance). The court imputed annual income of CAD 175,000 to the respondent (CAD 100,000 employment income and CAD 75,000 dividends) because of inadequate disclosure, inconsistent lifestyle with reported income and evidence of income manipulation; applied the Guidelines and relevant authorities to compute ongoing support of CAD 2,821 per month from October 1, 2025. The review effective date is June 19, 2024; the court…

Source excerpt

• Child support guidelines
• Imputation of income
• Retroactive child support
• Section 7 expenses
• Disclosure obligations
• Review/variation of support order

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Wade v. Avery

Court

Court of Appeal for Ontario

No exceptional circumstances existed to permit overturning the uncontested trial outcome; the trial judge did not err in principle in granting a vesting order to secure past and ongoing child support and s.7 expenses given the appellant’s non‑participation and lack of disclosure, the appellant had notice of the vesting request, and absence of a current valuation did not produce an injustice; the appeal is dismissed and the trial orders affirmed.

Source excerpt

• Vesting order
• Equalization of net family property
• S.7 expenses
• Uncontested trial appeals
• Summary judgment
• Costs

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Weichel v. Mazzucco

Court

Supreme Court of British Columbia

The court cancelled child support arrears and interest after finding the payor’s catastrophic injury and resulting inability to pay made enforcement grossly unfair.

• Arrears reduction
• Variation of child support
• Rescission
• Hardship
• Notice requirements (colucci)
• Child-support-arrears

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B.J. v. V.L.

Court

Supreme Court of British Columbia

The court dismissed a mother's application to retroactively vary and cancel child support arrears, finding no material change, no gross unfairness, and no credit for direct payments to the children.

• Retroactive variation of child support
• Cancellation/reduction of arrears
• Imputed income
• Payments to children vs. payments to custodial parent
• Effect of bankruptcy on support obligations
• Evidentiary standards for medical incapacity

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Kelly v. Martel

Court

Supreme Court of British Columbia

The court partly retroactively varied and substantially cancelled child support arrears, finding a long-ago material change and gross unfairness under the Family Law Act.

• Retroactive variation
• Rescission of arrears
• Gross unfairness standard
• Family law act ss.152 and 174
• Retroactivity date determination
• Payment plan

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Boutilier v. Snook

Court

Supreme Court of Nova Scotia

Income was imputed to the applicant at $25,000 and respondent's incomes were calculated with grossed up unreported income; prospective set-off table support of $541.68/month ordered effective August 1, 2021; respondent ordered to pay 77.3% of s.7 and post-secondary tuition (after RESP) and a retroactive adjustment of table support limited to three years prior to filing (October 1, 2016); Maintenance Enforcement Program to calculate arrears, apply a credit of $3,323.69 and, if owing, respondent to pay $300/month until paid in full; immediate payment of $360 for tutoring directed.

Source excerpt

• Retroactive child support
• Income imputation
• Section 7 expenses
• Set-off table
• Proportionate sharing of post-secondary expenses
• Credits for payments

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Kelly v. Somwe

Court

Supreme Court of British Columbia

The court refused to confirm Alberta provisional variation orders or reduce child support, but ordered the father to pay $8,991.62 in extraordinary expenses and costs.

• Variation of support
• Retroactive variation
• Rescission of arrears
• Extraordinary expenses
• Imputation of income
• Disclosure obligations

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Bennett v. Lariviere

Court

Supreme Court of British Columbia

The court awarded the mother double costs after the father refused reasonable settlement offers in a child-support enforcement dispute and fixed costs at double tariff plus disbursements.

• Costs
• Offers to settle
• Double costs
• Family maintenance enforcement program (fmep)
• Summary trial
• Cost fixing

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Wlaswich v. Rezansoff

Court

Supreme Court of British Columbia

The court refused to vary child support after finding unreliable financial disclosure, ordered Rezansoff’s sale proceeds paid to FMEP for future support, rejected damages claims, and granted divorce.

• Variation of child support
• Security for maintenance (fmep)
• Minutes of settlement enforcement
• Section 211 report (family law act)
• Holdback for capital gains
• Damages for alleged breaches

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J.K.H. v. M.S.B.

Court

Supreme Court of British Columbia

The court dismissed the respondent’s bid to set aside or vary a prior family order, upheld hair follicle testing, ordered supervised parenting time, granted a divorce, and denied child support variation.

• Setting aside interim/default orders
• Parenting time supervision
• Drug testing (hair follicle)
• Family maintenance enforcement
• Section 211 psychological report
• Change in child support

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