Canada Case Law

Pusey v. Myers

Court

Supreme Court of British Columbia

The court found no intentional underemployment and declined to impute income; it fixed the claimant's income at $58,000 for April 1–Dec 1, 2024 and $50,000 from Jan 1, 2025 onward; retroactive child support owing for Apr–Dec 2024 is $2,439.98 subject to crediting and overpayments; from July 1, 2025 support remains payable for the older child in post-secondary education but at a reduced amount ($150/month for that child), resulting in $618/month for both children from Jan 1, 2026 until further order; RESP contributions and child life insurance premiums are not s.7 expenses, but meals while tra…

Source excerpt

• Imputation of income
• Retroactive child support
• Section 7 expenses
• Undue hardship
• Annual review and adjustment

Read case analysis

Cowie v. Duperon

Court

Supreme Court of British Columbia

Undefended family law case granting divorce, parenting orders, child support, property division, and related relief after the respondent failed to participate or disclose finances.

• Divorce
• Retroactive child support
• S.7 special expenses
• Lump sum child support
• Income imputation
• Enforcement of cohabitation/marriage agreement

Read case analysis

Bordignon v. Bordignon

Court

Supreme Court of British Columbia

The court found divided success in this family law trial costs decision and ordered each side to bear its own costs. No special costs were awarded.

• Costs orders
• Special costs
• Substantial success
• Division of family property
• Parenting and custody
• Valuation

Read case analysis

Stollery v. Stollery

Court

Supreme Court of British Columbia

Cross applications in a family law matter: disclosure fines, income imputation, child support, spousal support, and s. 7 expenses were addressed on an interim basis.

• Income imputation
• Section 213 family law act fines
• Rule 9-1 disclosure demands
• S.7 special expenses
• Spousal support advisory guidelines
• Child support guidelines

Read case analysis

L.Z. v. R.C.

Court

Supreme Court of British Columbia

High-conflict family law trial on parenting, child support, and property. The court upheld a $500,000 lump-sum child support agreement, ordered reunification therapy, and found family violence.

• Parenting time
• Guardianship and parental responsibilities
• Surreptitious recordings admissibility
• Separation agreements enforcement
• Lump sum child support
• Unconscionability

Read case analysis

R.L. v. M.F.

Court

Court of Appeal for Ontario

Appeal dismissed; trial judge correctly found respondent had both compensatory and non-compensatory entitlement despite an imputed income, properly exercised discretion in applying SSAG and NDI analysis to fix spousal support at $20,000 per month for 9.5 years (commencing Jan 1, 2023 and terminating Aug 1, 2032), properly included appellant's post-separation income for partial sharing, did not err in receiving support calculations, and permissibly awarded prejudgment interest on the $474,744.36 equalization payment; no appellate intervention warranted.

Source excerpt

• Spousal support
• Income imputation
• Spousal support advisory guidelines (ssag)
• Prejudgment interest
• Equalization of net family property
• Child support

Read case analysis

A.B. v. C.D.

Court

Supreme Court of British Columbia

Interim family-law orders were granted and denied in part, including continuation of the younger child’s parenting schedule, privacy protections, and limited property restraint.

• Parenting time
• Counselling and reunification
• Interim distribution
• Asset preservation
• Guardianship and information sharing
• Mature minor/infants act

Read case analysis

Mracek v. Crees

Court

Supreme Court of British Columbia

The court dismissed the payor's bid to reduce support, increased child support retroactively for 2023–2024, left spousal support in place, and adjusted s. 7 expenses.

• Retroactive child support
• Income imputation
• Effective notice and disclosure
• Section 7 expenses
• Insurance for support security
• Spousal support variation

Read case analysis

S.L.D. v. W.A.D.

Court

Supreme Court of British Columbia

The court refused to set aside a family-law consent order in full, but varied child support and section 7 terms, averaged the respondent’s income, and ordered arrears and disclosure.

• Variation of consent order
• Guidelines income determination and averaging
• Imputation of investment income
• Section 7 expenses (post-secondary and other)
• Unconscionability and vulnerability
• Severability of agreement terms

Read case analysis

Rai v. Athwal

Court

Supreme Court of British Columbia

The court clarified parenting, support, and costs orders after trial, confirmed spousal support remains indefinite with review, and ordered each party to bear its own costs.

• Parenting orders and transition schedules
• Parenting coordinator powers
• Special expenses (s.7 federal child support guidelines)
• Imputation of income
• Spousal support duration and review (ssag)
• Section 211 report allocation

Read case analysis