Canada Case Law

Low v. Smith

Court

Supreme Court of Nova Scotia

On the balance of probabilities the children’s habitual residence and best interests favor remaining primarily in the mother’s care in Nova Scotia; the father’s repeated negative conduct toward the mother risked undermining the children’s relationship with her and thus relocation to Utah is denied; father is granted structured phased parenting time (Phase I) with a limited right to take children to Utah for two weeks of the summer only and conditional expansion (Phase II) dependent on completion of specified counselling and programming and proof of engagement; child support was adjusted based…

Source excerpt

• Relocation application
• Denial of parenting time
• Imputed income
• Undue hardship claim
• Parenting time schedule and conditions
• Counselling and rehabilitative programming

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S. M-M v. S.M.

Court

Supreme Court of Nova Scotia

The court granted the divorce and, applying the Divorce Act and child-focused best interests analysis, assigned the mother final decision-making authority for medical issues because the father had unreasonably withheld consent and the mother was better positioned to make medical decisions for the children; the court declined to impute income to the father because the mother did not prove intentional underemployment and the decision to pursue the father's business was bilateral and reasonable; applying the economies-of-scale Contino analysis the court approved a child support obligation by the…

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• Imputation of income
• Contino analysis (hybrid parenting)
• Section 7 expenses
• Final decision-making for medical issues
• Reimbursement of matrimonial debts
• Child support arrears

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J.M.I. v. B.G.I.

Court

Supreme Court of British Columbia

Family law trial on divorce, support and property division. The court granted divorce, awarded retroactive and ongoing child support, lump sum spousal support, and divided family property.

• Retroactive child support
• Section 7 expenses
• Separation agreement validity
• Rrsp division
• Lump sum spousal support
• Further financial disclosure

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Dosch v. Wimmer

Court

Supreme Court of British Columbia

The court refused to vary the parenting and custody terms of the parties’ agreement, but retroactively recalculated child support and adjusted s. 7 expenses.

• Variation of consent order
• Material change in circumstances
• Retroactive child support
• Imputing income for non-resident payor
• Section 7 expenses (special/extraordinary expenses)
• Best interests of the child

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Ambrose v. Ambrose

Court

Supreme Court of Nova Scotia

Because the respondent filed late, incomplete and unexplained financial disclosure and did not file an affidavit, the court drew an adverse inference, imputed annual income at $82,500 for child support, ordered child support of $1,159/month for 2021, found the applicant entitled to spousal support at the high end of the guidelines and ordered $676/month indefinitely plus a retroactive lump sum of $13,520 payable forthwith, with mandatory ongoing disclosure and a presumptive 10% annual increase if disclosure is not provided.

Source excerpt

• Imputation of income
• Adverse inference for non-disclosure
• Retroactive spousal support
• Maintenance recalculation limits
• Disclosure obligations
• Child support table calculations

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R.F. v. J.W.

Court

Court of Appeal for Ontario

The Court dismissed the motion to admit fresh evidence as those matters were post-judgment or already addressed by ordered therapy and would not have changed the trial outcome; it affirmed the parenting order awarding alternating weekly time-sharing and final decision-making responsibility to the father because the trial judge properly assessed credibility and the best interests of the children; it upheld the trial judge’s acceptance of the father’s 2018 income at $93,341 based on the accountant’s evidence and declined to include additional corporate pre-tax earnings, and remitted the discret…

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• Parenting time
• Decision-making responsibility
• Fresh evidence
• Child support income determination
• Retroactive support
• Credibility assessment

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Arnold v. Streatch

Court

Supreme Court of Nova Scotia

The court found a material change of circumstances (the 2013 relocation did not occur), determined relocation to Alberta was in the child's best interests, adopted the parties' financial disclosures and tax records to fix incomes, awarded retroactive child support from June 1, 2015 totalling $44,910.38 payable in lump sum by December 1, 2020, ordered an additional LIRA payment of $10,656.57 forthwith, and awarded costs to Ms. Arnold of $19,354.40 forthwith based on the respondent's failure of disclosure and the DBS factors justifying lump sum payment.

Source excerpt

• Retroactive child support
• Relocation/mobility
• Change of circumstances
• Child support guidelines s.7 expenses
• Lira property transfer
• Costs assessment and tariff a

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Nair v. Nair

Court

Supreme Court of British Columbia

The court varied shared-custody child support, imputed additional income to Mr. Nair, ordered an accounting of benefits used for s. 7 expenses, and imposed a $2,000 penalty.

• Shared custody
• Material change of circumstances
• Income imputation
• Section 7 expenses
• Parenting coordinator
• Costs and penalties

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McCalla v. Briand-McCalla

Court

Supreme Court of Nova Scotia

No material change justified varying the parenting provisions; parenting arrangement from August 10, 2016 is retained because it remains in child's best interests. Applicant's earning capacity supports imputing income of $43,000 per year; prospective table support set at $366/month from June 30, 2018. Retroactive table support ordered for specified periods based on applicant's actual and historical earnings and applicant held blameworthy for failing to disclose increased income. Applicant ordered to pay proportionate retroactive section 7 childcare share; arrears payable at $100/month over pr…

Source excerpt

• Variation of orders (s.37 psa)
• Imputation of income (guidelines s.19)
• Undue hardship (guidelines s.10)
• Extraordinary expenses (guidelines s.7)
• Retroactive support (d.b.s. principles)
• Best interests of the child

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Farthing v. Farthing

Court

Supreme Court of British Columbia

The court imputed income to the father for support purposes, ordered retroactive and ongoing child support and s. 7 expenses, and granted the mother sole custody.

• Imputation of income
• Child support guidelines
• S.7 extraordinary expenses
• Financial disclosure
• Parenting responsibilities
• Child-support

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