Canada Case Law

Midmore v. Ruiz

Court

Supreme Court of British Columbia

Applying the best interests of the child, the court increased the claimant's parenting time to a 3‑2‑2 rotation and transferred final decision‑making authority to the claimant (subject to required consultation) because the claimant demonstrated capacity and commitment, the respondent repeatedly breached orders and weaponized parenting, and there was insufficient evidence of risk from the claimant's lifestyle to justify restricting parenting; breaches justified cumulative $1,000 fines per contravention under s.230(2) and a mandatory six‑month unknown hair follicle drug test under s.222; intrus…

Source excerpt

• Parenting time
• Decision‑making authority (s.41)
• Fines for breach (s.230)
• Court‑ordered drug testing (s.222)
• Non‑removal orders
• Costs

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Christian v Crowe

Court

Supreme Court of Nova Scotia

Tariff C was the appropriate scale; the applicant was not entitled to appreciation or a lump sum award; the court awarded late fees of $1,341.66 and Tariff C legal fees of $1,000.00 (total $2,341.66) but stayed payment pending determination of any outstanding child support arrears by another court and provided an alternative enforcement mechanism of $100/month from respondent's trust funds beginning March 1, 2025 if jurisdiction is contested.

Source excerpt

• Parenting/decision-making
• Relocation
• Child support arrears
• Property equalization
• Costs assessment
• Tariff c application

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R.G.B. v. J.G.S.

Court

Supreme Court of British Columbia

The court held a March 2018 agreement to cancel child support arrears unenforceable, varied Alberta support arrears using imputed and actual incomes, and denied retroactive s.7 expense claims.

• Retroactive child support
• Section 7 special expenses
• Imputing income
• Relocation/consent agreement enforceability
• Views of the child assessment
• Parenting time

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L.C.S. v. R.W.S.

Court

Supreme Court of British Columbia

The court found a wrongful denial of parenting time but refused contempt, ordering family reunification counselling, conduct limits, and shared costs.

• Denial of parenting time
• Section 61-62 family law act
• Family reunification counselling
• Conduct orders under s.225 fla
• Costs
• Denial-of-parenting-time

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Kilinnik v. Maller

Court

Supreme Court of British Columbia

The court refused to vary its March 13, 2024 order, kept strict timelines in place, and maintained enforcement relief granting Ms. Kilinnik exclusive possession of the Burgess Property.

• Exclusive possession
• S.96 family law act
• Rule 15-8 supreme court family rules
• Set aside application
• Change of solicitor
• Special costs

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Evans v. Evans

Court

Supreme Court of British Columbia

The court partially granted a support variation application, ordering child support recalculation from January 1, 2020, confirming J remained a child of the marriage through 2019, and leaving spousal support for later disclosure.

• Child support variation
• Spousal support review
• Retroactive variation
• Child of the marriage declaration
• Income determination and imputation
• Treatment of rrsp withdrawals and signing bonuses

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Krczizanowski v. Fieseler

Court

Supreme Court of British Columbia

Family property, debt equalization, spousal support, arrears, and a fine were decided after trial, with the court ordering RRSP rollover payment and pension division.

• Equalization of family property
• Valuation of assets and debts
• Spousal support entitlement and quantum
• Retroactive arrears and variation
• Sanctions for non-compliance
• Division of pensions

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Hill v. Hill

Court

Supreme Court of British Columbia

The court dismissed a summary trial application over an alleged separation agreement, property division, and business claims, but declared arrears owing under an interim order.

• Separation agreement enforcement
• Spousal support
• Property division
• Summary trial procedure
• Contempt of court
• Interim relief

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Bruce v. Vaughan

Court

Supreme Court of British Columbia

The court dismissed a request to retroactively reduce spousal support, finding no material change in circumstances and noting the respondent’s conduct caused further economic harm.

• Variation of spousal support
• Material change of circumstances
• Retroactive reduction
• Misconduct and economic consequences
• Imputation of income
• Spousal support advisory guidelines

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K.M.M. v. D.R.M.

Court

Supreme Court of British Columbia

The court ordered child support arrears paid, required monthly child support and Cluculz Lake mortgage payments, and declined extra counseling funding and a sale order.

• Counseling funding
• Interim asset orders
• Mortgage payments
• Corporate lease payments
• Parenting time
• Disclosure

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