Canada Case Law

Major v. Shupe

Court

Supreme Court of Nova Scotia

Court may incorporate the Parenting and Support Act on its own motion in the interests of justice; Applicant failed to prove a 40% shared parenting regime so Contino s.9 adjustments are not warranted; CERB and the 2022 RRSP withdrawal are included in income for guideline calculations absent satisfactory justification to exclude; arrears recalculated on actual income and fixed at $108,961.76 to February 28, 2026 and are enforceable with limited repayment terms and mandatory disclosure going forward.

Source excerpt

• Shared parenting
• Retroactive child support
• Section 7 expenses
• Arrears calculation and enforcement
• Income inclusion (cerb, rrsp, wcb gross-up)
• Variation of support

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Wise v. Lamont

Court

Supreme Court of British Columbia

The court dismissed a husband’s application to terminate or suspend spousal support, finding insufficient medical and financial disclosure to justify changing the parties’ final order.

• Review vs variation of support
• Onus to prove material change
• Financial disclosure obligations
• Imputation of income
• Retroactive variation (d.b.s. test)
• Spousal-support

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Martin v. Powell

Court

Supreme Court of Nova Scotia

The court found on the balance of probabilities that Mr. Martin had the children at least 40% of the time from 2014, accepted substantial cash payments by Mr. Martin until summer 2022 and some MEP payments after registration, concluded both parties failed to give effective notice so formal notice dates govern but fairness required retroactivity earlier, and therefore awarded retroactive child support of $16,000 payable by Mr. Martin with prospective child support obligation terminated and payments to be made through MEP in $405 monthly instalments.

Source excerpt

• Variation of child support
• Retroactive child support
• Shared parenting credit
• Dependence of child
• Effective notice
• Calculation under child support guidelines

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Last v. Clayton

Court

Supreme Court of Nova Scotia

Judge found applicant credible and daughter lived primarily with applicant; line 15000 did not fairly reflect respondent's available income in each year 2020–2024; court adjusted/attributed corporate and other receipts (producing incomes of 198,130 (2020), 123,152 (2021), 166,179 (2022), 142,808 (2023), 114,216 (2024)), concluded respondent engaged in blameworthy nondisclosure and applicant had understandable delay, awarded retroactive child support of $57,245.86 less Maintenance Enforcement Program credits, ordered payment of $40,000 lump sum within 60 days and $400 monthly thereafter, payme…

Source excerpt

• Retroactive child support
• Imputation of income
• Shared parenting calculation
• Dbs factors
• Disclosure obligations
• S.16 s.18 s.19 child support guidelines

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Marsh v. McNally

Court

Supreme Court of Nova Scotia

The operative order is the 2021 consent order; Ms. McNally proved a material change in circumstances to reduce dependents to one; Mr. Marsh was found intentionally unemployed and income of $73,835 was imputed for 2024; the variation is granted retroactive to February 2022 (not to the 2021 consent order date); older child ceased to be dependent July 1, 2023; Mr. Marsh must pay the full table amount going forward, a retroactive adjustment of $5,048.23 payable at $200/month, and costs of $2,000 to Ms. McNally within 60 days; Mr. Marsh's undue hardship claim and his request to retroactively reduc…

Source excerpt

• Variation of child support
• Imputing income
• Undue hardship
• Retroactivity
• Costs

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Nova Scotia (Director of Maintenance Enforcement) v. Adeyemi

Court

Supreme Court of Nova Scotia

The Director proved arrears of $17,251.12 as of Dec 18, 2024; the respondent failed to prove inability to pay or a valid reason for default and did not provide full disclosure or credible evidence of diligent efforts to comply; accordingly, under s.37(3) MEA the court ordered a reporting obligation, ongoing prospective payments of $200/month, additional $250/month toward arrears commencing June 30, 2025, intermittent 30‑day imprisonment on default, issuance of warrant on sworn notice, costs of $664.10, and judgment for arrears and costs totalling $17,915.22 with interest at 5% per annum.

Source excerpt

• Arrears
• Default orders
• Variation
• Repayment schedule
• Imprisonment for non‑payment
• Costs and interest

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Director of Maintenance Enforcement v. Thompson

Court

Supreme Court of Nova Scotia

Mr. Thompson failed to rebut the s.37 presumption because he did not file a variation or provide full, frank financial disclosure, his asserted licence suspension did not constitute a valid reason for longstanding arrears, and therefore the court accepted the Director's arrears figures and imposed a payment schedule with specified contributions to arrears, awarded statutory costs, and directed imprisonment of 15 days on default as an appropriate and proportionate enforcement remedy.

Source excerpt

• Calculation of arrears
• Ability to pay/presumption
• Variation of support orders
• Driver's licence suspension as enforcement
• Costs

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K.M. v. N.M.

Court

Supreme Court of British Columbia

The court found no jurisdiction for retroactive child support for C1, ordered retroactive support for C2, dismissed arrears relief, and awarded costs to the respondent.

• Retroactive child support
• Section 7 expenses
• Reconciliation/cohabitation
• Child of the marriage
• Guideline income
• Parenting time

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Even-har v. Even-har

Court

Supreme Court of Nova Scotia

Respondent's deliberate misrepresentations, failure to disclose, repeated and unsupported adjournment requests, and breach of trust in converting the applicant's insurance proceeds constituted reprehensible and outrageous conduct that unreasonably increased costs; therefore, under the Civil Procedure Rules and applicable authorities the applicant is entitled to full solicitor-and-client costs assessed at $12,327.92 as a lump sum, payable immediately and enforceable as part of the final order.

Source excerpt

• Solicitor and client costs
• Failure to disclose
• Adjournments
• Breach of trust
• Life insurance proceeds
• Enforcement of costs

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Direction of Maintenance Enforcement for the Province of Nova Scotia v. V. E. W.

Court

Supreme Court of Nova Scotia

The court found the s.37(2) presumptions were not rebutted because the respondent provided no adequate financial disclosure or evidence of a valid inability to pay; the arrears were fixed at $16,150.00; the appropriate remedy was an enforcement order imposing reporting requirements, a staged payment plan (pay $5,000 by Nov 15, 2024, then $500 monthly from Dec 15, 2024 until paid), a review return to court in November 2024, a held warrant for 30 days (to be served on weekends) issuable on Director’s notice, entry of judgment for $16,150.00 and no costs or interest.

Source excerpt

• Child support
• Consent order enforcement
• Variation of order
• Section 37 maintenance enforcement act
• Imprisonment for non-payment

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