Canada Case Law

Block v. Block

Court

Supreme Court of British Columbia

Costs were ordered to run from preparation of the claimant's April 6, 2017 application because that is the genesis of the issues decided at trial; special costs were declined because the reprehensible conduct found by the trial judge principally related to pre-litigation conduct (2011) and post-2017 conduct did not meet the high threshold for special costs; the December 23, 2021 settlement offer met Rule 11-1 and ought reasonably to have been accepted, so double costs are awarded from January 4, 2022 to October 2, 2024; outside that window costs are awarded as a matter of more than ordinary d…

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• Special costs
• Double costs
• Misrepresentation
• Disclosure obligations
• Separation agreement set aside
• Retroactive support

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Honce v. Honce

Court

Supreme Court of British Columbia

On a Miglin analysis, the court gave little weight to a separation agreement waiving spousal support and ordered arrears, ongoing support, and divorce.

• Separation agreement variation
• Miglin test
• Spousal support calculation
• Duress and vulnerability
• Family-law
• Spousal-support

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Matheson v. Matheson

Court

Supreme Court of Nova Scotia

The Minutes of Settlement terminated the contractual $4,500 monthly payment at respondent's retirement but were silent on post‑retirement entitlement and expressly permitted a prospective review on pension division; a material change occurred when respondent delayed retirement, continued to earn substantially higher employment income and increased pension accruals and failed to provide annual disclosure, justifying a retroactive review; applicant was not entitled to prospective spousal support because pension division and other income materially removed her need post‑retirement; retroactive u…

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• Prospective spousal support
• Retroactive spousal support
• Variation/material change in circumstances
• Spousal support advisory guidelines
• Matrimonial debt
• Child's education costs

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J. C. H. v. S. M. B. H.

Court

Supreme Court of British Columbia

The court determined the parents’ Guideline incomes, included the claimant’s holding company pre-tax profits, added back part of the respondent’s vehicle expenses, and held child support continued for the eldest child at boarding school and university.

• Guideline income determination
• Pre-tax corporate income inclusion
• Imputation of income
• Shared custody (s.9)
• Retroactive child support
• Section 7 special expenses

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Siroski v. Ross

Court

Supreme Court of British Columbia

The court dismissed a father's relocation and support-variation applications, held the child should remain with her primary parent in Victoria, and treated a $25,000 payment as arrears settlement.

• Relocation under family law act ss.65-71
• Variation of support agreements
• Best interests of the child
• Financial disclosure and corporate records
• Interpretation of lump sum as settlement
• Onus allocation under s.69(4)

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Howardson v. Howardson

Court

Supreme Court of British Columbia

Court dismissed the respondent’s attempts to set aside spousal support terms and cancel arrears, and gave directions on calculating child and spousal support arrears.

• Separation agreement registration and enforcement
• Arrears calculation and enforcement
• Limitation periods for support applications
• Divorce act ss.15 and 17
• Family law act ss.164 and 198
• Family maintenance enforcement program

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Leach v. Leach

Court

Supreme Court of British Columbia

The court upheld a 2006 separation agreement, dismissed the claimant’s spousal support claim, and found the adult son was not currently a child of the marriage.

• Spousal support
• Child support
• Originating application s.15.2
• Separation agreement validity (miglin)
• Child of the marriage (disability)
• Spousal-support

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McAdie v. McAdie

Court

Supreme Court of British Columbia

The court set aside the property division in the parties’ separation agreement for non-disclosure, then ordered equal division, child support arrears, and ongoing spousal support.

• Setting aside separation agreement under family law act s.93
• Failure to disclose / duty of full and honest disclosure
• Fundamental breach of separation agreement
• Equalization payment and property valuation
• Income attribution under federal child support guidelines s.18
• Spousal support entitlement, quantum and duration

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Goldstone v. Clarke

Court

Supreme Court of British Columbia

A British Columbia family case on a separation agreement: the court set aside the spousal support provisions as significantly unfair, ordered interim support, and ended child support.

• Setting aside separation agreements
• Interim spousal support
• Termination of child support
• Fla s.164 analysis
• Spousal support advisory guidelines (ssag) application
• Spousal-support

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D.O.D. v. N.V.D.

Court

Supreme Court of British Columbia

The court set aside an unfair separation agreement, ordered equal pension division for the relevant period, and awarded the respondent $30,000 lump sum spousal support.

• Separation agreement enforceability
• Compensatory spousal support
• Non‑compensatory (needs‑based) spousal support
• Retroactive spousal support
• Triggering event for pension division
• Effect of delay and reconciliation

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