Canada Case Law

Ferguson v. MacDougall

Court

Supreme Court of Nova Scotia

Material change found: JNM's expressed wishes and increased time with father justified changing primary care to Respondent; approximately 34% of Applicant's 60% share of Arbour Dental Inc.'s pre‑tax net income (additional $30,435) was properly attributed to Applicant because business growth lacked convincing evidence that funds were required for legitimate retained business needs; retroactive support limited to effective notice date April 1, 2024 through December 1, 2024 (9 months) at set‑off table amount $705/month (total $6,345) payable by Respondent within 90 days; no variation of special…

Source excerpt

• Variation of parenting order
• Best interests of the child
• Attribution of corporate income
• Retroactive child support
• Extraordinary/special expenses
• Voice of the child

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Lawson v. Lawson

Court

Supreme Court of British Columbia

Application to determine child-support income was partly granted. The court set the respondent’s incomes for 2021 to 2024 and adopted a forward-looking yearly method.

• Income attribution
• Section 7 expenses
• Consent order interpretation
• Furlough income
• Employment change attribution
• Shared custody

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C.A.W. v. K.C.S.

Court

Supreme Court of British Columbia

The court set the claimant’s Guideline income at $95,000 for s. 7 expense sharing, ordered a 60/40 split in the respondent’s favour, and enforced life insurance beneficiary terms.

• Section 7 expenses
• Guideline income determination
• Imputation of income
• Beneficiary designation breach
• Child-support
• Guideline-income

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Mason v. Mason

Court

Court of Appeal for Ontario

The Court of Appeal found the trial judge erred by failing to apply or explain departure from the Guidelines’ income determination rules; it interpreted ss.17 and 18 of the Child Support Guidelines to permit consideration of pre-tax corporate income for each of the three prior years when assessing a fair three-year average under s.17; applying that approach the court fixed the husband’s income at $214,872 and the wife’s at $109,535 and substituted a spousal support order requiring the husband to pay $1,500/month commencing August 1, 2014.

Source excerpt

• Determination of income for spousal support
• Application and interpretation of ssags and child support guidelines
• Inclusion of corporate profits in personal income
• Effect of domestic contracts on support
• Issue estoppel
• Fresh evidence on appeal

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Williams v. Williams

Court

Supreme Court of British Columbia

Interim family support decision attributing the respondent $1.2 million income for child and spousal support, with monthly support ordered and costs to the claimant.

• Guidelines income
• Shared parenting
• Interim support
• Retained earnings
• Family trust control
• Child-support

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Megson v. Megson

Court

Supreme Court of British Columbia

The court dismissed both the claimant’s variation application and the respondent’s Miglin counterclaim, finding no material change in circumstances and upholding the separation agreement.

• Variation of spousal support
• Separation agreement enforcement
• Material change in circumstances
• Miglin analysis
• Family law act s.164(5)
• Divorce act s.15.2

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P.R.M. v. B.J.M.

Court

Supreme Court of British Columbia

Final reasons on property division, spousal support, and child support in a long marriage. The court confirmed asset division, awarded ongoing support, and set retroactive child support and s. 7 sharing.

• Spousal support under divorce act s.15.2
• Federal child support guidelines (s.3, s.4, s.7, s.18)
• Reapportionment of family business (hpi)
• Retroactive support claims
• Income determination and imputation
• Sharing of s.7 extraordinary expenses

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J.R.B. v. P.J.B.

Court

Supreme Court of British Columbia

Shared-custody child support dispute under a separation agreement. The court declined retroactive support, imputed rental income to the respondent, and ordered ongoing support and proportional s. 7 expenses.

• Shared custody
• Section 7 expenses
• Retroactive child support
• Imputation of income
• Set-off calculation
• Enforceability of separation agreements

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J.M.D. v. R.M.J.D.

Court

Supreme Court of British Columbia

The court granted divorce and addressed child support, excluding a capital gain from Guideline income, adjusting rental income, and setting support for two children in post-secondary study.

• Guideline income
• Capital gain inclusion
• Variation of child support
• Child of the marriage status
• Financial disclosure
• Retroactive support

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K.M.D. v. M.E.W.

Court

Supreme Court of British Columbia

The court continued an equal shared parenting schedule, upheld joint guardianship, and ordered retroactive child support arrears after adjusting the father’s Guideline income.

• Shared parenting
• Retroactive child support
• Corporate income attribution
• Guardianship
• Parenting coordination
• Parenting therapy

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