Canada Case Law

M.Y.G. v. G.K.F.

Court

Supreme Court of British Columbia

The court corrected the clerical error in the entered Chan Order to restore the intended mechanism of a $125/month equalization payment with annual accounting (not a cap); it applied the 2021 Settlement Agreement and s.7 principles to hold specific items (soccer, guitar, physiotherapy, medical expenses and recommended tutoring) as extraordinary expenses, ordered the respondent to pay his 50% share of past shortfall ($1,111.47) and half of orthodontic cost ($2,500) based on demonstrated need, set new monthly extraordinary equalization at $150 commencing July 15, 2026, imposed monetary sanction…

Source excerpt

• Section 7 extraordinary expenses
• Child support set-off
• Disclosure obligations
• Fines and enforcement under the family law act
• Communications protocols (our family wizard)

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

Court

British Columbia Court of Appeal

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.

• Retroactive child support
• Imputation of income
• Variation of support orders
• Public policy on waiving support arrears
• Enforceability of settlement agreements
• Retroactive-child-support

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Arora v. Malik

Court

Supreme Court of British Columbia

The court refused to vary the parties’ consent support order beyond the anticipated 2025 review, upheld attributed incomes, denied arrears cancellation, and ordered enforcement and disclosure.

• Variation of consent order
• Material change of circumstances
• Guideline income attribution
• Arrears cancellation
• Security for support (charging order)
• Document production/disclosure

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R.H. v. L.N.

Court

Supreme Court of Nova Scotia

Because the father was entirely successful on the enforcement application and the mother's conduct amounted to non-compliance and bad faith, and because the matter was complex and required substantial preparation, the court awarded the father costs of $6,000 plus disbursements of $640.85 (total $6,640.85), reducing the father's claimed quantum for inefficiency inherent in self-representation and disallowing compensation for emotional harm; security for costs was not ordered because no motion was brought.

Source excerpt

• Enforcement of custody order
• Variation of court order
• Costs award and assessment
• Security for costs (rule 45)
• Publication ban (s.94 cfsa)

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Tung v. Lu

Court

Supreme Court of British Columbia

The court dismissed Nancy Lu’s bid to set aside or vary asset-freezing orders, adjourned support-fine requests to trial, ordered disclosure, and approved a consent order releasing most funds to Anshan Lu.

• Asset restraining orders (s.91 fla)
• Mareva-style injunctions (rule 12-1/12-4 scfr)
• Setting aside without-notice orders
• Support enforcement (s.230 fla)
• Disclosure (rule 9-1 scfr)
• Consent orders

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S.T.C. v. D.J.B.

Court

Supreme Court of British Columbia

Post-judgment family law applications were dismissed in large part, with only a small correction to prior reasons, a s. 211 report cost order, judgment for the claimant, and release of trust funds.

• Variation of child support (s.152 fla)
• Imputation of income
• Retroactive support
• Slip rule / clerical correction (rule 15-1(18) scfr)
• Functus officio limits
• S.211 reports and cost allocation

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C.D.C. v. M.E.R.W.

Court

Supreme Court of British Columbia

Ces motifs de la Cour suprême de la Colombie-Britannique règlent un litige parental: garde conjointe, horaires partagés 2-2-5-5, pension, sanction et dépens.

• Shared parenting (2-2-5-5)
• Final decision-making authority
• Imputation of income
• Child support guidelines s.9
• Disclosure obligations and s.213 fla
• Fla enforcement fines s.228/s.230

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M.P. v. P.P.

Court

Supreme Court of British Columbia

Interim family-law reasons on parenting exchanges, denied parenting time, and police enforcement. The court refused professional supervision, granted limited compensatory time, and declined police enforcement.

• Parenting time
• Compensatory parenting time
• Supervised exchanges
• Police enforcement clause
• Breach of court orders
• Family violence

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Airside Event Spaces Inc. v. Langley (Township)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a contempt application, holding that non-payment of rent was a condition of a stay order, not an independent contempt obligation.

• Stay of execution
• Breach of condition
• Contempt of court
• Relief from forfeiture
• Vacatur of stay
• Sanctions

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K.R. v. S.O.

Court

Supreme Court of British Columbia

Interim family law orders were made in part: limited parental decision-making was reallocated, a new parenting coordinator was ordered, and the child’s surname was changed.

• Parental responsibilities reallocation
• Appointment and terms of parenting coordinator
• Admissibility of parenting coordinator report and hearsay
• Breach of consent order and sanctioning
• Section 211 report
• Child name change

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