Canada Case Law

Houlihan v. Houlihan

Court

Supreme Court of Nova Scotia

The payor's retirement followed employer termination, was not an attempt to avoid obligations, and caused a substantial, long-lasting reduction in income that was not contemplated at the time of the original CRO; accordingly it constituted a material change in circumstances permitting variation and justifying termination of spousal support effective September 30, 2023, with child support confirmed terminated December 2, 2015, and amendment of the CRO as ordered.

Source excerpt

• Variation
• Material change in circumstances
• Retirement
• Termination
• Self-sufficiency

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A.K.S. v. J.T.S.

Court

Supreme Court of British Columbia

The court dismissed the claimant’s bid for equal parenting time, kept primary residence with the respondent, and ordered a graduated interim parenting schedule.

• Parenting time
• Primary residence
• Overnight access
• Allegations of family violence
• Best interests of the child
• Interim scheduling

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Plese v. Herjavec

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal: the trial judge did not commit an error of principle or make a palpable and overriding factual error in awarding spousal support of $125,000 per month indefinitely, having properly applied the Divorce Act factors, reasonably assessed needs and compensatory entitlement, considered SSAGs and Halliwell in an individualized analysis, and weighed the effect of the equalization payment; appellate intervention was not warranted under the deferential standard.

Source excerpt

• Spousal support
• Equalization of net family property
• Breach of trust
• Valuation of business interest
• Spousal support advisory guidelines (ssags)
• Halliwell principle

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Fitzpatrick v. Fitzpatrick

Court

Supreme Court of British Columbia

On review of a consent spousal support order, the court imputed income to the respondent, found she remained entitled to support, and reduced support to $3,000 monthly indefinitely.

• Review vs variation of support
• Imputation of income
• Compensatory and non-compensatory spousal support
• Spousal support advisory guidelines
• Income determination
• Spousal-support-review

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Daniels v. Lowther

Court

Supreme Court of Nova Scotia

Court found a material change due to the children's increased ages and schooling, concluded primary care should remain with the mother, increased father's parenting time through a detailed rotating schedule including alternating summer weeks, and denied father's request for unilateral decision-making on medical/extracurricular matters because parental animosity precluded shared decision-making; imposed notice, communication and holiday arrangements to serve the children's best interests.

Source excerpt

• Variation of custody
• Best interests of the child
• Parenting time/schedule
• Decision-making authority
• Evidence admissibility

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G.M.W. v. J.M.M.

Court

Supreme Court of British Columbia

Interim family-law orders on parenting, child support and s. 7 expenses were granted, with the claimant kept as primary caregiver and the respondent’s income imputed.

• Parenting schedule
• Interim custody
• Section 7 expenses
• Counsellor appointment
• Parenting coordinator
• Imputation of income

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Burgie v. Argent

Court

Supreme Court of British Columbia

The court reduced child support arrears after finding long delay, good-faith reliance on the parties’ agreement, and serious hardship if full payment were required.

• Arrears reduction
• Variation of child support
• Prejudice by delay
• Ability to pay and hardship
• Maintenance enforcement program sanctions
• Credibility findings

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Barnhill v. Barnhill

Court

Supreme Court of Nova Scotia

Because the father was absent from the province until approximately April 2014 and it would be arbitrary to bar the mother from registering the children for a limited interim period, the court allowed the mother to register and have the children attend school in Miramichi, New Brunswick from Sept 2013 to Apr 2014, but imposed specific interim conditions to protect the father's custodial rights and the children's interests: revoked the clause granting mother unilateral final decision-making, required meaningful consultation and father consent for major decisions including mobility, prohibited…

Source excerpt

• Custodial review
• Interim relief
• Best interests of the child
• Joint legal custody and consultation
• Mobility restrictions
• School registration

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D.T.L. v. E.M.L.

Court

Supreme Court of British Columbia

Spousal support was reviewed under s. 15.2 of the Divorce Act. The court reduced support in stages, then ended it, based on the respondent's employment prospects and likely RCMP earnings.

• Spousal support review
• Imputation of income
• Duration and quantum of support
• Self-sufficiency
• Consent order review
• Mobility application

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C.L.C. v. B.T.C.

Court

Supreme Court of British Columbia

The court held that C., an adult with severe cognitive disability, remained a child of the marriage. It set ongoing support at $858 monthly and awarded limited arrears and s. 7 relief.

• Child of the marriage
• Guidelines s.3(2) analysis
• Guidelines s.7 extraordinary expenses
• Pwd benefits impact on support
• Retroactive variation
• Arrears calculation

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