Canada Case Law

Evans v. Evans

Court

Supreme Court of Nova Scotia

The court supplemented its prior reasons by ordering mandatory exchange of completed income tax returns and CRA notices of assessment, directing maintenance payments to be paid to the recipient via the Office of the Director of Maintenance Enforcement while the order is filed for enforcement, and imposing statutory notification duties on the parties pursuant to sections 9 and 42 of the Maintenance Enforcement Act to ensure effective enforcement.

Source excerpt

• Income disclosure
• Maintenance enforcement
• Notices of assessment
• Maintenance enforcement act
• Change of address and employment notification

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Armoyan v. Armoyan

Court

Supreme Court of Nova Scotia

Where a contemnor deliberately and persistently fails to pay maintenance despite ability to pay, the court may impose imprisonment and fines under Rule 89 to coerce compliance despite Collection Act language; here four years' imprisonment (vacatable on purge), a fine of $384,000 (calculated as $3,000 per default per month for 32 months), and costs of $107,128.97 were appropriate and lawful.

Source excerpt

• Contempt penalty
• Imprisonment for non-payment
• Collection act conflict
• Maintenance enforcement
• Costs

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Livingstone v. Livingstone

Court

Supreme Court of Nova Scotia

Applicant failed to meet the burden of proof to establish that either child became independent in 2004 or that he paid amounts sufficient to discharge his obligations; no valid court variation of the January 26, 2000 corollary relief order was shown; Maintenance Enforcement records and parental testimony established arrears and that child support continued beyond 2004, therefore the application to terminate support was dismissed except that spousal support was reduced from $1,200 to $900 per month and existing security and disclosure obligations remain; arrears as calculated by the Maintenanc…

Source excerpt

• Child support termination
• Spousal support variation
• Maintenance enforcement
• Arrears calculation
• Life insurance beneficiary
• Rrsp security

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Murray v. Park

Court

Supreme Court of Nova Scotia

Given the near equality of parental capacity, primary care was awarded to the mother because her circumstances were more settled and certain (established home, proximate family support, employment with hours matching the childrens’ school schedule and advanced planning), whereas the father’s employment and housing plans were transitional and likely to require greater childcare; the court balanced this with a robust access regime recognizing the father’s close relationship with the children and interprovincial realities.

Source excerpt

• Best interests of the child
• Custody allocation
• Access schedule
• Child relocation
• Information sharing
• Registration of orders for enforcement

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Anderson v. Anderson

Court

Supreme Court of British Columbia

The court held the claimant was financially dependent, but none of the respondent children had disposable income to pay parental support. The application was dismissed.

• Parental support under s.90
• Financial dependence
• Ability to pay
• Estrangement and abandonment
• Priority of obligations
• Government benefits

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Sherman v. Rafuse

Court

Nova Scotia Family Court

The move to Alberta constituted a material change in circumstances and, on a fresh best‑interests inquiry, the court concluded it was in the child's long‑term best interests to remain in the mother's primary care and permit relocation given the mother's role as primary caregiver, employment stability, proposed access arrangements and the child's ongoing ties to Nova Scotia.

Source excerpt

• Best interests of the child
• Material change in circumstances
• Custody variation
• Access/visitation
• Parental relocation

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Billington v. VanLarken

Court

Nova Scotia Family Court

Access will remain suspended for now because the court finds the risks to the children outweigh the benefits; physical access is permitted only at the custodial parent's discretion while limited indirect access (letters, cards, gifts) is allowed; custodial parent must provide residence, school and school reports to the father; support set at $274 per month effective August 1, 2009; enforcement of past arrears suspended pending filing of income tax returns for 2005-2008.

Source excerpt

• Suspension and reinstatement of access
• Best interests of the child
• Parental fitness and addiction recovery
• Burden of proof for denial of access
• Disclosure of child residence and school information
• Suspension of enforcement of arrears

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Kohout v. Fraser

Court

Nova Scotia Family Court

Court continued the $100/month undue hardship reduction based on outstanding student debt and access costs; declined to apply s.20(2) or abate support for access periods; imputed a US salary of $90,000 effective August 1, 2009; fixed an exchange rate of 1.11 effective August 1, 2009; calculated monthly support amounts accordingly because evidence did not justify excluding overtime income entirely or applying a different tax-based adjustment.

Source excerpt

• Income determination
• Undue hardship
• Exchange rate for cross-border income
• Imputation of income
• Access costs
• Application of child support guidelines s.20

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A.S. v. L.H.S.

Court

Supreme Court of British Columbia

Application over support arrears partly granted: spousal support ended on the final order, child support survived, and child-support arrears since the final order were cancelled.

• Interim orders
• Final orders
• Child support
• Spousal support
• Arrears cancellation
• Limitation

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Larsen v. Pittman

Court

Supreme Court of British Columbia

Interim custody and access appeal in a family law dispute. The court upheld the master’s refusal to make a specific custody order, but varied the access schedule.

• Interim custody
• Status quo
• Access schedule
• Joint guardianship
• Medical and dental responsibility
• Day care costs

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