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Family law 2019 NSCA 42

Reid v. Faubert

Court
Nova Scotia Court of Appeal

The Court allowed the appeal because the application judge failed to identify and apply the mandatory starting point of line 150 income under s.16, did not explain any s.17 approach if used, and misapplied s.18 by failing to analyze pre-tax corporate income and the payor's burden to show corporate funds were unavailable; the undue hardship ruling improperly collapsed the required two-step analysis under s.10 and lacked explanation of how the high threshold for 'undue' hardship was met. The child support determination and related costs order were set aside and the matter remitted for a new hea…

Source excerpt

  • Determination of annual income for child support
  • Application of child support guidelines ss.16-18
  • Undue hardship under s.10 of the guidelines
  • Standards of review on appeal
  • Burden of proof for attribution of corporate income
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Family law 2017 NSSC 263

MacLean v. MacLean

Court
Supreme Court of Nova Scotia

The respondent had a compensatory entitlement to spousal support arising from roles adopted during the marriage and significant income disparity; the payor failed to provide reliable go-forward income evidence and failed to disclose assets so the court imputed annual income to him at his pre-retirement base salary ($90,566) and awarded spousal support within the SSAG range at $1,500 per month effective September 30, 2016; prior arrears of $2,400 are payable and the respondent is entitled to one-half of the pre-retirement leave benefit value to be reflected in the formal order.

Source excerpt

  • Compensatory spousal support
  • Imputation of income
  • Variation/termination of support
  • Division of pension benefits
  • Arrears
  • Costs
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Family law 2017 NSSC 274

S.M. v. K.M.

Court
Supreme Court of Nova Scotia

Court found a material change in circumstances (victimization of H.M. by sibling while in K.M.'s care and a significant breakdown in co-parenting/communication). Applying best interests and maximum contact principles, the court ordered a graduated, restricted access regime that preserves continued contact while protecting H.M., including two 9‑day summer access periods in July and August 2017 with specified overnight and daytime components, biweekly weekend access thereafter commencing Sept 16, 2017, geographic and person restrictions, a Voice of the Child assessment and mandatory co-parentin…

Source excerpt

  • Parenting time
  • Relocation
  • Voice of the child
  • Supervised access
  • Restrictions on access
  • Co-parenting education
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Family law 2017 NSCA 16

Westhaver v. Swinemar

Court
Nova Scotia Court of Appeal

The appeal is dismissed because the application judge did not err: the fresh evidence application failed the Palmer test and was inadmissible on appeal; the judge reasonably found no material reduction in the payor’s guideline income (and imputing/gross‑up would not alter the outcome); the respondent’s variation was supported by evidence of reduced income and increased childcare costs; and the appellant did not establish undue hardship under s.10 of the Guidelines.

Source excerpt

  • Variation of consent order
  • Imputing income and tax gross-up of non‑taxable benefits
  • Undue hardship under child maintenance guidelines s.10
  • Admissibility of fresh evidence on appeal (palmer test)
  • Standard of review / deference to trial judge
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Family law 2017 NSSC 7

Conohan v. Cholock

Court
Supreme Court of Nova Scotia

The court varied child maintenance to $682 per month effective December 1, 2016; awarded retroactive child maintenance of $13,391 payable in full by June 30, 2017; granted specified Section 7 health expenses and ordered equal sharing of certain extra-curricular costs (Kostume Kapers subject to a $1,000 annual limit and piano lessons) and 50% contribution to specified trips and accommodation/gas items; access varied to reasonable access at reasonable times upon reasonable notice.

Source excerpt

  • Retroactive child support
  • Section 7 expenses
  • Variation of child maintenance
  • Access/visitation
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Family law 2015 NSFC 9

D.O. v. S.D.

Court
Nova Scotia Family Court

Father was found intentionally unemployed due to job abandonment, income was imputed to him at $24,886 (2014 earnings); child maintenance set at $360.88/month plus $75/month section 7 contribution (total $435.88) effective January 1, 2015; retroactive adjustment for 2012–2014 granted resulting in total retroactive entitlement $15,666.24, recorded payments $14,253.44 leaving arrears $1,412.80; arrears payable at $75/month from August 1, 2015 until paid; prohibition granted against derogatory online postings by either party.

Source excerpt

  • Imputation of income
  • Retroactive child support
  • Intentional unemployment
  • Disclosure of income
  • Online conduct prohibition
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Family law 2015 NSFC 5

Harnish v. Harnish

Court
Nova Scotia Family Court

Applying the Guidelines and relevant case law, the Court found Shayna remains a dependent child given her age, education trajectory, financial circumstances and reasonable pursuit of further studies; the Court calculated parental proportions based on estimated 2014 incomes and ordered Troy Canning to pay 72% of Shayna's Section 7 post-secondary expenses and 72% of her net non-discretionary living expenses while in school with specified amounts and payment schedule.

Source excerpt

  • Dependent child definition
  • Section 7 special expenses
  • Child maintenance guidelines
  • Proportionate sharing of expenses
  • Student loan availability
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Family law 2014 NSFC 7

K.E.D. v. G.R.D.

Court
Nova Scotia Family Court

Shared parenting as previously practiced will be reinstated on an interim basis with a 3.5-day rotation (transfers Thursday and Sunday) because resumption is in the child's best interests, but parenting by the mother is conditioned on residence with the maternal grandmother, prohibition of being under the influence of non‑medically prescribed drugs while caring for the child, and required medical and addictions assessments and reports to be filed four weeks before the review; joint custody is deferred because the parents lack the communication, cooperation and trust necessary for joint decisi…

Source excerpt

  • Shared parenting
  • Supervised parenting
  • Substance use and parenting
  • Best interests of the child
  • Child protection agency investigations
  • Interim orders and review
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Family law 2014 NSFC 8

S.P. v. T.L.W.

Court
Nova Scotia Family Court

On the evidence the father's past criminal conduct, ongoing Conditional Sentence Order, lack of demonstrated engagement with mental health, addiction and family violence services and ongoing mistrust between the parents justify denying interim overnight access; however limited unsupervised daytime access and restricted telephone contact serve the child's short-term interests pending final hearing, and overnight access may be reconsidered upon expiration of the CSO and demonstration of progress without the need to show a change in circumstances under s.37 MCA.

Source excerpt

  • Access
  • Overnight access
  • Interim order
  • Best interests of the child
  • Parental conduct
  • Family violence
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Family law 2014 NSCA 31

Woodford v. MacDonald

Court
Nova Scotia Court of Appeal

The trial judge committed an error of law by determining child support under s.9 of the Child Maintenance Guidelines without an adequate evidentiary foundation; appeal allowed and matter remitted to the trial judge for a de novo s.9 analysis using supplemented evidence (budgets and rental property details); interim support remains until reconsideration.

Source excerpt

  • Shared parenting
  • Child maintenance guidelines s.9
  • Evidentiary foundation for discretionary orders
  • Set-off calculation
  • Imputation of income
  • Remittance for further evidence
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.