Canada Case Law

K.S.K. v R.V.B.

Court

Supreme Court of Nova Scotia

The Court maintained the joint decision-making regime and shared parenting because there was no material change in circumstances since the Final Consent Order sufficient to displace the existing arrangement and the best interests of the children favored continued meaningful involvement of both parents; the mother’s income was imputed for 2022 and 2023 based on her capacity and bank deposits and the father’s evidence, resulting in calculated guideline child support and a set-off approach; the father was permitted to obtain passports and limited international travel without the mother’s consent…

Source excerpt

• Imputation of income
• Shared parenting and decision-making
• Section 7/extracurricular expenses
• Passport and travel consent
• Disclosure obligations
• Costs

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A.T.N.H. v. J.L.K.

Court

Supreme Court of British Columbia

The court ordered the children returned to Revelstoke after an unilateral move to Fort Saskatchewan, and reinstated interim shared parenting time.

• Family law act ss.45-48
• Best interests of the child (s.37.2)
• Relocation consultation requirement (s.48)
• Habitual residence
• Enforcement of costs
• Child-relocation

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P.W. v. G.Z.

Court

Supreme Court of British Columbia

The court decided parenting, support, and property issues in a high-conflict family case, imputed income to both spouses, and divided key assets and proceeds.

• Parenting time / best interests of the child
• Imputation of income
• Adverse inference from failure to call witnesses
• Section 7 special expenses
• Lump sum child support
• Interim support and trust distributions

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S. M. S. v. S. M. U.

Court

Supreme Court of British Columbia

The court varied parenting orders so the child would reside primarily with her mother, made conduct orders, and ordered retroactive and ongoing child support.

• Parenting arrangements
• Change of circumstances
• Views of the child
• Retroactive child support
• Special/extraordinary expenses (s.7)
• Imputation and gross-up of tax exempt pension income

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Marchand v. Joyce

Court

Supreme Court of Nova Scotia

Ms. Joyce is entitled to indefinite spousal support based on the parties' 21-year marriage and her caregiving for a permanently disabled adult child, but she currently has no demonstrated need given her part-time employment, caregiver allowance and the financial contribution of a live-in partner; Mr. Marchand failed to prove he was unable to work or to adequately explain his income, so the application to suspend or vary spousal support retroactive to August 2017 is denied and the court sets quantum at $0 from August 1, 2017 onward while preserving her right to seek future support if circumsta…

Source excerpt

• Spousal support entitlement and quantum
• Variation/retroactive relief under divorce act s.17
• Arrears recovery and payment plans
• Financial disclosure and imputation of income
• Economic self-sufficiency
• Custody variation request

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D.W. v. S.S.

Court

Supreme Court of Nova Scotia

Court found a material change in circumstances rooted in the risk posed by Ms. S's plan to resume cohabitation with her fiancé who was charged with possession and trafficking of drugs and possession of weapons; because the immediate risk was removed by the parties' current separation, the existing shared parenting order will resume but with an express prohibition on the fiancé's presence during Ms. S's parenting time and a mandatory review to be triggered if Ms. S resumes cohabitation, with interim restricted parenting time until the review; child support variation was adjourned pending evide…

Source excerpt

• Shared parenting
• Variation
• Material change
• Best interests of the child
• Supervision of access
• Risk assessment

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A.M.F.D. v. S.T.D.

Court

Supreme Court of British Columbia

The court dismissed the father's relocation request, ordered shared parenting in Victoria, imputed income, made support and property orders, and rejected occupational rent.

• Family law act s.46 relocation
• Section 211 assessment
• Best interests of the child
• Excluded property and tracing
• Presumption of advancement
• Occupational rent

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D.J. v. MR.

Court

Nova Scotia Family Court

Court accepted that Phoenix pay stubs were unreliable, used T1 income figures: D.J.'s 2018 T1 income $94,202.73 less union dues = $92,676.48 (for prospective support); included and grossed-up the 2017 Workers' Compensation benefit so 2017 table income = $132,535.00; concluded D.J. engaged in blameworthy conduct by failing to disclose tax returns; awarded retroactive child support for specified periods and varied the Consent Order to joint custody with a shared parenting schedule, kept M.R. as final decision-maker for major decisions if parents cannot agree, set prospective monthly set-off chi…

Source excerpt

• Variation of consent order
• Retroactive child support
• Section 7 expenses
• Final decision-making authority
• Income determination
• Workers' compensation gross-up

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L.J. v. P.S.

Court

Supreme Court of Nova Scotia

Respondent was awarded costs because she was the more successful party, her settlement proposals were superior to the applicant's result at trial, there was no principled reason to deny costs, the billing was reasonable given the Tariff and a $2,000 courtesy discount recognized any duplication from having a junior lawyer assist, and an appropriate contribution of $9,250 plus $152.21 disbursements was warranted.

Source excerpt

• Variation of parenting order
• Authority over health and education decisions
• Adjustment of child support
• Assessment of solicitor-client costs
• Tariff a scale 2
• Civil procedure rules on costs

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Moyna v. Moyna

Court

Supreme Court of British Columbia

The court ordered retroactive child support from July 1, 2016, finding the consent order required annual adjustment and awarding $4,356 payable in installments.

• Retroactive child support
• Consent order enforcement
• Income disclosure
• Shared parenting
• Child support guidelines
• Effective notice

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