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Appeal dismissed in a child support dispute. The Court upheld retroactive reassessment, found the 2015 support order could be revisited in context, and accepted the income imputation used below.
The Court of Appeal set aside the refusal of a relocation request, finding the trial judge did not apply the correct Divorce Act burden of proof. The relocation issue was remitted.
The court granted divorce, parenting, support, property, and tort relief, reassigned the family home 75/25 to the respondent, and awarded damages for battery.
Family law trial on divorce, property division, debt, spousal support and contempt. The court granted divorce, divided assets and debts, and awarded lump-sum spousal support.
Trial family-law reasons addressing parenting, support, property division, and protection orders. The Court kept shared parenting, ordered child support, and divided property with exclusions.
The Tax Court held that the 2019 support order could not be varied by private agreement, allowing a 2020 support deduction of $531 and dismissing the 2021 appeal.
The court found the applicant did not prove she had the 'vast majority' (>~80%) of parenting time so s.16.93(3) applies with a shared burden; weighing the s.16(3) and s.16.92 factors the applicant failed to prove relocation is in the children's best interests, denied the relocation, and placed the children in the applicant's interim primary care with parenting time for the respondent.
Source excerpt
The court granted a no-consent divorce under the Civil Marriage Act and held that BC procedure did not bar reliance on a Canadian superior court order.
The Court of Appeal upheld orders voiding a fraud-based divorce, dividing family property equally, awarding lump sum spousal support, and dismissing fresh evidence.
Family law judgment on property division, support, parenting, separation date, divorce, and an Iranian Maher clause. The claimant succeeds on property and support; the Maher claim is dismissed.
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