Canada Case Law

Nova Scotia (Maintenance Enforcement) v. Hines

Court

Supreme Court of Nova Scotia

The Director proved arrears of $42,665.62 and established that enforcement options were exhausted; the respondent failed to rebut the statutory presumption of ability to pay or provide evidence of changed circumstances or a variation application; the court therefore granted judgment, fixed a quarterly repayment schedule of $3,400 beginning March 1, 2025, awarded costs of $664.10 and ordered intermittent imprisonment of 30 days (Fridays 6:00 PM to Mondays 6:00 AM) on each default, with warrants to be released upon written notice from the Director.

Source excerpt

• Maintenance enforcement act
• Imprisonment for non-payment
• Variation of support orders
• Garnishment
• Costs

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Melburn-Kumar v. Kumar

Court

Court of Appeal for Ontario

The appeal was dismissed because the courts below expressly considered the Mareva injunction, found Mr. Kumar consented to and acquiesced in support orders with knowledge of that injunction, and he adduced no evidence to rebut the statutory presumption as to ability to pay; there was no palpable and overriding error warranting intervention on this second appeal.

Source excerpt

• Mareva injunction
• Family responsibility and support arrears enforcement act
• Default support order
• Standard of review - palpable and overriding error
• Costs

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Walker v. Wilkie

Court

Supreme Court of Nova Scotia

Pandemic-related loss of employment constituted a material change in circumstances for 2020 and 2021 but did not excuse failure to pursue remunerative work from 2022 onward; no imputation for 2020 or 2021, but income imputed at $100,000 for 2022 and 2023 resulting in child support under the Nova Scotia table for one child for those years; applicant must reimburse 50% of uninsured orthodontic expenses paid and pay 50% of future uninsured orthodontic expenses upon delivery of insurer statements.

Source excerpt

• Child support variation
• Imputation of income
• Section 7 orthodontic expenses
• Maintenance enforcement
• Costs

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M.D.W. v. T.T.W.

Court

Supreme Court of British Columbia

The court refused to cancel child support arrears, varied ongoing support, cancelled default fees, and ordered a split orthodontic expense payment.

• Retroactive variation
• Rescission of arrears
• Section 7 expenses
• Jurisdiction (divorce act vs family law act)
• Procedural conversion (trial list vs chambers)
• Document disclosure

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Adama v. Adama

Court

Supreme Court of British Columbia

The court varied child and spousal support after finding misleading financial disclosure, imputed higher income to the respondent, and refused to cancel arrears.

• Misleading financial disclosure
• Income imputation
• Amortization/cca adjustments
• Retroactive variation
• Arrears cancellation
• Security for arrears

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Hokhold v. Gerbrandt

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia dismissed Dr. Hokhold’s application to reopen a mobility appeal, finding his continued arrears and filings justified refusing discretionary relief.

• Mobility order
• Spousal support
• Child support
• Reopening of appeal
• Abuse of process
• Costs

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Cockerham v. Hanc

Court

Supreme Court of British Columbia

The court found it had jurisdiction over family property claims but declined to exercise it in favour of Ontario. It also held it lacked jurisdiction for an original spousal support order against the non-resident respondent.

• Jurisdiction
• Habitual residence
• Choice of law
• Division of family property and debt
• Interjurisdictional support orders act (isoa)
• Family-law-jurisdiction

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Hokhold v. Gerbrandt

Court

Supreme Court of British Columbia

The court dismissed the claimant’s application for a stay of a support-enforcement order, finding no compelling change in circumstances and no merit in the request.

• Stay of proceedings
• Contempt
• Support enforcement
• Variation of support
• Preference of creditors
• Asset seizure

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Charlton v. Ontario (Family Responsibility Office)

Court

Court of Appeal for Ontario

The appeal was dismissed as moot because the appellant's driver's licence had been reinstated, eliminating a live controversy; any future attempt by the FRO to suspend the licence would require service of a new notice.

Source excerpt

• Driver's licence suspension
• Family responsibility office enforcement
• Mootness
• Reinstatement of licence

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Caldwell v. Caldwell

Court

Supreme Court of British Columbia

Application to vary child support and cancel arrears dismissed. The Court imputed income from available severance and potential rental income, and found no basis to apply s. 9.

• Variation of child support
• Cancellation of arrears
• Imputation of severance and rental income
• Shared custody threshold (s.9)
• Parenting time evidence
• Disclosure obligations

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