Canada Case Law

S.K.R. v. K.S.D.

Court

Supreme Court of British Columbia

The respondent failed to establish a material change in circumstances; the Daum Report is an impermissible attempt to revisit a prior judicial income determination and the child's temporary residence and post‑secondary attendance were foreseeable and non‑continuing; therefore the Court lacks jurisdiction to vary the June 25, 2021 order, the variation application is dismissed, the interim suspension is set aside, and the existing child support order remains enforceable.

Source excerpt

• Variation of child support
• Material change in circumstances
• Imputed income under guidelines
• Section 7 extraordinary expenses
• Post‑majority support
• Arrears and rescission

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Standerwick v. Standerwick

Court

British Columbia Court of Appeal

Leave to appeal from a family-law adjournment order was dismissed. The Court found the issue fact-specific, likely moot, and not sufficiently meritorious.

• Adjournment orders
• Conditions of adjournment
• Child and spousal support arrears
• Maintenance enforcement payments
• Right to counsel of choice
• Discretionary judicial review

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Stewart v Jordan

Court

Supreme Court of Nova Scotia

Because Mr. Stewart repeatedly failed to provide full, credible financial disclosure and there was evidence of avoidance of payment, the court drew an adverse inference and imputed annual income of $26,944.24 for 2021, 2022, 2023, 2024 and onward (unless varied). The court recalculated table child support for two children from February 1, 2017 to October 1, 2021 based on available income records and applicable tables, found arrears of $27,149 for February 2017–end January 2022, found additional arrears of $738.90 for February 1, 2022–February 1, 2024 (based on Maintenance Enforcement Program…

Source excerpt

• Variation of support
• Retroactive child support
• Imputation of income
• Adverse inference for non-disclosure
• Maintenance enforcement program

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Standing v. MacInnis

Court

Supreme Court of Nova Scotia

Income of $80,000 per annum was imputed to Mr. Standing effective January 1, 2020 because his reduction in earnings was self‑induced (he quit a lucrative job without securing comparable employment), he failed to prove s.19(1)(a) excuses (child needs, education or health), and his historical earnings demonstrated capacity to earn substantially more, therefore child and spousal support and enforcement measures were ordered based on the imputed income.

Source excerpt

• Imputed income
• Underemployment
• Garnishment
• Section 7 expenses
• Variation of support
• Arrears repayment

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Hollett v. Hollett

Court

Nova Scotia Court of Appeal

Extension of time denied because appellant did not demonstrate a bona fide intention to appeal within the prescribed period; he was aware of the imputation on November 1, delayed until January 21, and only sought to appeal after discovering garnishment, so granting an extension was not in the interest of justice.

Source excerpt

• Extension of time
• Imputation of income
• Spousal support
• Maintenance enforcement
• Garnishment

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S.L.C. v. C.J.R.C.

Court

Supreme Court of British Columbia

The court extended a wife protection order, adjourned support-variation requests for more financial evidence, and dismissed challenges to FMEP enforcement and property-division orders.

• Wife protection order (fla)
• Variation of support (divorce act s.17)
• Fmep enforcement actions (fme act)
• Registration of judgment against land
• Compensation payments from division of assets
• Confidentiality of court materials

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Lu v. Hargreaves

Court

Supreme Court of British Columbia

The court varied a child support agreement, ended support for Alycia on November 30, 2014, and ordered guideline support for Thom with limited retroactivity.

• Entitlement of adult children to support
• Variation and termination of child support agreements
• Retroactive child support awards
• Application of child support guidelines
• Child-support
• Adult-child-support

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Ram v. British Columbia (Family Maintenance Enforcement Program)

Court

Supreme Court of British Columbia

Aplicación sobre fondos de acuerdo retenidos por una orden de embargo fiscal. El tribunal la dejó en suspenso en espera de la apelación en Loft y no concedió costas.

• Notice of attachment
• Family maintenance enforcement act
• Third‑party indemnity and attachment
• Adjournment pending appeal
• Family-maintenance-enforcement-act
• Notice-of-attachment

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Parfitt v. Parfitt

Court

Supreme Court of British Columbia

The court refused to cancel about $21,000 in child support arrears, imputed the respondent’s income at $26,000 per year, and ordered ongoing support of $672 monthly.

• Arrearages
• Imputed income
• Cancellation of arrears
• Best interests of the child
• Child-support
• Child-support-arrears

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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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