Canada Case Law

H.Z. v. M.Z.

Court

Supreme Court of Nova Scotia

Because the father repeatedly failed to comply with court disclosure orders and produced insufficient financial documentation, the court drew an adverse inference, imputed income to the father (200,204 euros / $298,724.38 Cdn), and on that basis ordered guideline child support of $3,772.69 per month (prospective and retroactive for the specified period) and proportional section 7 contributions, while declining to divide matrimonial assets due to lack of cogent disclosure.

Source excerpt

• Imputation of income
• Retroactive child support
• Section 7 expenses
• Non-disclosure and adverse inference
• Division of matrimonial assets
• Credibility findings

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A.J.S.A. v. K.L.W.

Court

Supreme Court of British Columbia

The court dismissed most penalty and contempt requests in this family enforcement application, but ordered further disclosure and steps toward property transfer.

• Enforcement of orders
• Payment orders under family law act ss.213/228/230
• Transfer of property
• Disclosure of financial documents
• Return of personal property
• Parenting time disputes

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Fleming v. British Columbia (Forests, Lands Natural Resource Operations and Rural Development)

Court

Supreme Court of British Columbia

The court granted an adjournment of a common issues trial after plaintiffs received substantial new witness documents requiring review, listing, and possible further discovery.

• Adjournment
• Disclosure
• Trial scheduling
• Costs
• Public interest immunity
• Civil-procedure

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Yen v. Ghahramani

Court

Supreme Court of British Columbia

The court dismissed an application to compel the Ghahramani parties to serve an affidavit of documents, finding no evidence of omitted relevant documents.

• Affidavit of documents
• Document disclosure obligations
• Possession/control/power of documents
• Proportionality in disclosure
• Rules of court interpretation
• Affidavit-of-documents

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Sullivan v. Bullock

Court

Supreme Court of British Columbia

In a family law dispute, the court added two corporations as respondents and ordered the respondent to pay $2,500 for failure to comply with disclosure obligations.

• Joinder of parties
• Financial disclosure enforcement
• S.213 family law act sanctions
• Beneficial ownership and income concealment
• Piercing corporate veil
• Joinder-of-parties

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H.S.S. v. D.K.G.

Court

Supreme Court of British Columbia

Application for retroactive child support disclosure dismissed. The court found the broader December application procedurally improper and the October application disproportionate and insufficiently grounded under Rule 9-1.

• Retroactive child support
• Document production
• Guideline income determination
• Proportionality in disclosure
• Enforcement/fmep
• Child-support

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Bank of Montreal v. Comvest Commercial Real Estate Inc.

Court

Supreme Court of Nova Scotia

Court found there was a real possibility the Bank had relevant undisclosed documents and that the Bank did not rebut the presumption of full disclosure; therefore the Court ordered targeted disclosure of (i) internal Bank communications regarding administration of the Comvest/BSL credit facilities and (ii) communications between the Bank and the companies, the companies' counsel, accountant and the defendant Caryi, and awarded costs of $500 inclusive.

Source excerpt

• Summary judgment on evidence
• Disclosure directions (cpr 15.07)
• Forbearance agreement
• Duress defence
• Targeted disclosure
• Costs

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Getman v. Getman

Court

Supreme Court of British Columbia

On a family property dispute, the court fixed the separation date at March 1, 2017, divided multiple properties, granted a divorce, and reserved costs submissions.

• Date of separation
• Valuation date
• Asset division
• Contributions to improvements
• Rental income allocation
• Adverse inference for non‑disclosure

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Bogdanic v. Hanna

Court

Supreme Court of British Columbia

In chambers family-law application addressing disclosure, interim distribution, parenting, passport travel, car insurance, and embryo storage fees.

• Interim distribution
• Financial disclosure orders
• Parenting schedule
• Passport/travel consent
• Embryo storage and destruction
• Insurance payment

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Callaghan v. Charbonneau

Court

Supreme Court of British Columbia

The court dismissed a parenting-time variation for lack of material change, appointed a parenting coordinator, ordered disclosure and limited travel terms, and adjourned child-support issues.

• Variation of parenting order
• Material change in circumstances
• Parenting coordinator
• Financial disclosure of corporate records
• Section 7 expenses
• Imputation of income

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