Canada Case Law

T.F.O. v. L.R.O.

Court

Supreme Court of British Columbia

On rough-justice interim analysis the court refused the father's abrupt move to full equal parenting but ordered a modest increase (to six nights per 14) with fixed pick-up/drop-off to protect routines, found shared-parenting (s.9) engaged, set father's Guideline income at $740,000 per annum (s.18 corporate pre-tax imputed as dividends), imputed mother's income at $38,000 (s.19), ordered interim child support of $8,514/month and interim spousal support of $15,834/month (52/48 NDI split in favour of mother) effective April 1, 2026 (support) and parenting changes effective week of April 6, 2026…

Source excerpt

• Interim orders
• Guideline income determination
• Shared parenting (s.9)
• Corporate income (s.18)
• Imputing income (s.19)
• Net disposable income (ssag)

Read case analysis

Huber v. Atwal

Court

British Columbia Court of Appeal

Imputing income to a payor requires first considering whether the payor's voluntary reduction in hours and income was reasonable in light of age, health and work availability; failure to assess that reasonableness is an error of law justifying appellate intervention. Here entitlement to ongoing spousal support was affirmed but the imputed income was unsupported and was replaced by an assessed income of $310,000, producing monthly support of $5,224 effective January 1, 2025.

Source excerpt

• Imputation of income
• Review of consent order
• Termination of spousal support
• Spousal support advisory guidelines
• Standard of appellate review

Read case analysis

M.G.M.L. v. J.S.L.

Court

Supreme Court of British Columbia

Interim family-law reasons assessing the parties’ guideline incomes, imputing higher income to the claimant, and setting ongoing spousal and child support on a temporary basis.

• Guideline income
• Corporate income method
• Expense gross-up method
• Imputation of income
• Special and extraordinary expenses
• Spousal support advisory guidelines

Read case analysis

Zandbergen v. Craig

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a family law support variation order, holding that paying spousal support beyond the SSAG range was not itself a material change.

• Variation of spousal support
• Material change in circumstances
• Spousal support advisory guidelines (ssag)
• Duration and quantum of support
• Standard of appellate review
• Spousal-support

Read case analysis

Peters v. Godley

Court

Supreme Court of British Columbia

The court held the parties were bound by a consent order capping the respondent’s 2022 Guidelines income at $500,000 and fixed the claimant’s at $1,000.

• Guidelines income
• Consent order interpretation
• Income imputation from corporation
• Non-taxable disability income
• Costs and interest
• Child-support

Read case analysis

Loehr v. Loehr

Court

Supreme Court of British Columbia

The court partially granted a support review, refusing to deduct accessible RRSP contributions, declining to impute income to the claimant, and setting a new review date.

• Rrsp deduction from income
• Income attribution (imputation)
• Retroactive support
• Separation agreement review
• Support duration and review date
• Spousal-support

Read case analysis

I.C. v. M.C.

Court

Supreme Court of Nova Scotia

Because the father failed to provide ordered financial disclosure, has relevant qualifications and assets and provided no evidence of inability to earn, the court imputed annual income at the three‑year average $77,981.33; applying the Guidelines the father must pay child support $1,182/month and, on compensatory and non‑compensatory grounds, spousal support $357/month for four years, with parenting and enforcement provisions consolidated into the order.

Source excerpt

• Imputation of income
• Application of federal child support guidelines
• Spousal support entitlement (compensatory and non-compensatory)
• Enforcement of support orders
• Supervised parenting time

Read case analysis

A.S. v. S.S.

Court

Supreme Court of British Columbia

Family law trial on parenting, support, property division, debts, and spousal support. The court imputed income, divided key assets, and awarded compensatory spousal support.

• Parenting time determination
• Income imputation
• Section 7 expenses
• Equalization of family property
• Pension division
• Spousal support entitlement

Read case analysis

A.R. v. M.E.R.

Court

Supreme Court of British Columbia

The court amended prior support reasons, fixing the respondent’s 2021 income at $390,165 and 2022 income at $360,000 for support calculations.

• Income calculation for support
• Retroactive support
• Payment schedule
• Lump sum vs periodic payments
• Costs
• Family-law

Read case analysis

M.D. v. B.D.

Court

Supreme Court of British Columbia

High-conflict family trial on parenting, support, property, and divorce. The court ordered shared parenting, imputed income to M.D., and granted support and property relief.

• Parenting time and responsibilities
• Guardianship
• Income imputation and disclosure
• Retroactive and prospective child support
• Section 7 expenses (extraordinary expenses)
• Spousal support (compensatory and needs-based)

Read case analysis