Canada Case Law

Kalashnyk v. Tellez

Court

Supreme Court of British Columbia

Court found respondent experienced a real decline in income but did not entirely abdicate his earning capacity; extrapolated 2025 year‑to‑date earnings to an annualized income and imputed annual income of $75,557.80 from May 1, 2024 ongoing, set monthly child support at $1,174.81, adjusted s.7 responsibility to 63% (respondent) / 37% (claimant), ordered BCFMA to recalculate arrears with discretion that claimant need not repay any overpayment, refused reduction for parenting‑travel undue hardship for lack of specific evidence, denied registry transfer, ordered annual tax return and notice of a…

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• Retroactive variation of child support
• Imputation of income
• S.7 special and extraordinary expenses
• Undue hardship under s.10 of guidelines
• Change of registry
• Disclosure of tax returns

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B.L.A.K. v. T.M.K.

Court

Supreme Court of British Columbia

The court varied child support under the Divorce Act, ended support for K in December 2021, ordered direct support for L, and reallocated special expenses and parenting-time logistics.

• Retroactive variation
• Child of the marriage
• Guideline income calculation
• Allocation of special and extraordinary expenses
• Direct payment to child
• Insurance access

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Marsh v. McNally

Court

Supreme Court of Nova Scotia

The operative order is the 2021 consent order; Ms. McNally proved a material change in circumstances to reduce dependents to one; Mr. Marsh was found intentionally unemployed and income of $73,835 was imputed for 2024; the variation is granted retroactive to February 2022 (not to the 2021 consent order date); older child ceased to be dependent July 1, 2023; Mr. Marsh must pay the full table amount going forward, a retroactive adjustment of $5,048.23 payable at $200/month, and costs of $2,000 to Ms. McNally within 60 days; Mr. Marsh's undue hardship claim and his request to retroactively reduc…

Source excerpt

• Variation of child support
• Imputing income
• Undue hardship
• Retroactivity
• Costs

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Neels v. Neels

Court

Supreme Court of British Columbia

Interim spousal support was ordered after the court applied s. 18 to impute corporate income from the respondent’s company and adjusted incomes for rough interim justice.

• Interim spousal support
• Guideline income determination
• Section 18 corporate income imputation
• Imputation of income
• Failure to provide disclosure (s.213 fla)
• Allocation of mortgage responsibility

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C.K.C. v. P.R.C.

Court

Supreme Court of British Columbia

The court granted divorce, set aside a U.K. property trust deed, ordered conditional parenting time and child support, and divided family property with set-offs.

• Divorce
• Parenting time
• Guardianship
• S.211 psychological report
• Section 7 special expenses
• Declaration of trust

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L.L.W. v. D.P.D.

Court

Supreme Court of British Columbia

The court enforced a 2019 oral child-support agreement, fixed arrears at $16,600, set ongoing support at $1,031 monthly, and ordered disclosure and costs.

• Retroactive child support
• Arrears
• Guideline income determination
• Section 7 special and extraordinary expenses
• Financial disclosure
• Parenting time

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M.A.V. v. J.V.

Court

Supreme Court of British Columbia

Family law judgment on separation date, a disputed separation agreement, parenting, support, and property division. The court set aside the agreement and made orders for child support, spousal support, and family property.

• Date of separation
• Validity and setting aside of separation agreement
• Parenting time and decision-making (joyce model)
• Child support (guidelines and s.7 expenses)
• Spousal support (compensatory and non-compensatory)
• Property division including pension/rrsp

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Thompson v. Thompson

Court

Supreme Court of British Columbia

The court held that Grace remained a child of the marriage for support purposes and ordered limited retroactive and ongoing support tied to her university attendance.

• Child of the marriage
• Farden factors
• Post-secondary education expenses
• Special and extraordinary expenses
• Parenting time
• Relocation

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James v. James

Court

Supreme Court of British Columbia

The court reduced child support for an adult disabled child to $250 per month from January 1, 2022, but left spousal support unchanged.

• Material change in circumstances
• Adult disabled child support
• Imputation of income
• Caregiver compensation
• Definition of child of the marriage
• Calculation of shortfall

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Gron v. Gron

Court

Supreme Court of British Columbia

The court varied child support in part, found Danielle was a child of the marriage only for January to April 2021, and ordered support for Colton from September 1, 2020.

• Child of the marriage determination
• Variation of child support
• Special/extraordinary expenses (s.7)
• Imputation of income
• Retroactive support
• Child-support

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