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Family law 2026 NSSC 151

Melanson v. Langille

The court found the four adjoining parcels together constituted the matrimonial home under s.3 of the MPA because they were acquired during the marriage and used for the use and enjoyment of the residence; the disposition by the deceased contravened s.8(1) (no consent, release, court order or designation) and the grantee failed to show acquisition for valuable consideration in good faith without notice, so the conveyance was set aside under s.8(2). Having found unreasonable impoverishment of the matrimonial assets and that equal division would be unfair and unconscionable under s.13 (due to d…

  • Matrimonial home definition
  • Disposition of matrimonial home under section 8 mpa
  • Setting aside conveyance
  • Unequal division under section 13 mpa
  • Affidavit of status sufficiency
  • Probate and estate interests
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Family law 2026 NSSC 134

AD v. ZS

Divorce granted. Shared parenting was denied due to ZS's minimal and inconsistent involvement; the court ordered supervised reintroduction via a Veith House program with a phased schedule and retained AD as primary caregiver. On child support the court found ZS intentionally under-employed and that his tax filings underreported income; arrears were calculated and set, ZS was credited $2,750 from sale proceeds, and ongoing support was set based on imputed income of $70,450 at $593.87/month from Jan 1, 2026 with s.7 expenses to be shared proportionally. On property, exceptional circumstances (c…

  • Parenting arrangement
  • Imputation of income
  • Section 7 expenses
  • Unequal division of matrimonial property
  • Supervised access (veith house)
  • Third party information order
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Family law 2026 NSSC 105

Byrne v. Carlow-Byrne

22 Empire Loop is matrimonial property and the statutory presumption of equal division applies. The respondent's prior ownership, sole title, sole payment of mortgage/taxes/insurance, and prior division in an earlier divorce did not constitute the convincing evidence required under s.13 to justify an unequal division. Applicant's documented financial and non-financial contributions supported an equal split. Accordingly net sale proceeds are to be divided equally; no retroactive child support awarded; prospective child support set on current income of $95,533 at $814/month commencing March 1,…

  • Unequal division under s.13
  • Matrimonial home
  • Retroactive and prospective child support
  • Administrative recalculation of support
  • Personal property claim
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Family law 2026 NSSC 74

George v. George

Because parenting was a primary issue making tariff calculation impractical, mixed success between the parties, and the respondent's repeated, blameworthy failure to provide timely and complete financial disclosure (which caused informational asymmetry and underpayment of child support), a lump sum costs award of $12,500 is justified: $10,000 for disclosure misconduct and $2,500 as throw‑away costs for a late adjournment; respondent to pay within 60 days.

  • Parenting time and supervision
  • Child support (including disclosure and imputation)
  • Unequal division of matrimonial property (pension exemption)
  • Financial disclosure obligations
  • Costs assessment and lump sum awards
  • Adjournment/throw‑away costs
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Family law 2025 NSSC 404

George v George

The court granted divorce and awarded primary care and final decision-making to the Applicant because evidence established the Applicant as the primary caregiver, the Respondent's unstable lifestyle and poor communication precluded effective shared parenting, but did not justify continued supervised overnight parenting; imputation of income was not warranted because Applicant failed to meet evidentiary burden despite Respondent's incomplete disclosure, so the court calculated income from disclosed documents (Respondent $104,730, Applicant $87,528) including a 30% gross-up for contractor (Arde…

  • Parenting time
  • Best interests of the child
  • Imputation of income
  • Section 7 expenses
  • Retroactive child support
  • Unequal division of matrimonial property under s.13 mpa
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Family law 2025 NSSC 422

F.C. v. S.C.

Divorce granted. Parenting: wife retains primary care and residence and sole decision-making authority until a qualified professional (mutually agreed) overseeing reintroduction deems contact appropriate; parties must retain and follow recommendations of that professional and may return to court for review. Assets: matrimonial household contents valued at $36,557 and divided equally; Aeroplan points and specified investment accounts and pensions divided equally; Evergreen Electric Ltd. is a business asset and the wife is entitled to 15% of the husband’s interest; certain matrimonial debts (in…

  • Parenting reintroduction and supervised access
  • Parenting time
  • Decision-making responsibilities
  • Division of matrimonial assets
  • Categorization of debts
  • Business classification (business asset)
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Family law 2025 NSSC 350

Charapovich v. Charapovich

On the totality of the evidence and the best interests of the children the court awarded primary care and sole decision-making authority to Hanna; found no parental alienation by the mother; found the father’s declared incomes were not reflective of his resources and imputed annual income of $125,000 to him under s.19 of the Guidelines; ordered prospective guideline child support of $1,709/month commencing October 1, 2025 and allocated section 7 expenses 64% father/36% mother; concluded applicant is entitled to spousal support in principle but declined to order payment given her achieved self…

  • Parenting arrangements
  • Decision-making authority
  • Imputation of income under guidelines
  • Prospective child support
  • Section 7 special expenses
  • Voice of the child report
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Family law 2025 NSSC 313

McLean v. Gonzalez

Because Ms. Gonzalez failed to comply with disclosure orders and did not produce credible financial records or a business valuation, the court could not reliably value The Wedding Vogue and therefore declined to order division of matrimonial assets, drawing an adverse inference against her; on parenting, the evidence did not demonstrate a present risk requiring continued supervised access so unsupervised parenting time was ordered with specific schedule and the former home barred for parenting visits until remediated; decision-making provisions were revised to joint major-decision making with…

  • Credibility
  • Division of matrimonial assets
  • Business valuation and disclosure
  • Parenting time (supervised v. unsupervised)
  • Decision-making responsibility
  • Income imputation
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Family law 2025 NSSC 247

Swimm v. Swimm

Avive is a business asset. Evidence, including credible testimony and reasonable inferences, established that matrimonial assets were likely exposed as collateral for Avive loans and that Respondent's involvement and resulting financial interest in Avive flowed substantially from his relationship with Applicant. Applying s.18 (direct contribution and risk) and s.13 factors (date/manner of acquisition, household contributions, financial support and risk to children and matrimonial assets), the court awarded Applicant a 40% share of Respondent's financial interest in Avive as just and proportio…

  • Division of matrimonial assets
  • Business asset classification
  • Matrimonial property act s.13
  • Matrimonial property act s.18
  • Credibility and inferences
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Family law 2025 NSSC 141

Anthony v. Anthony

The court granted the non-party production order because the applicant (and supporting party) proved the requested corporate, tax, financial and banking records are trial-relevant to valuation, property division, conversion claims and spousal support income assessment; the Laushway factors (connection, proximity, discoverability, reliability, proportionality, lack of reasonable alternatives and privacy safeguards) weigh in favour of disclosure and 3021386 is not a true stranger given the respondent's 50% ownership.

  • Non-party disclosure
  • Production orders
  • Relevancy test
  • Corporate veil/piercing
  • Spousal support income attribution
  • Tort of conversion
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