Canada Case Law

Campbell v. Tsomo

Court

Supreme Court of British Columbia

On a holistic assessment of objective indicators and the parties' subjective intentions and credibility, the claimant failed to prove a continuous marriage-like relationship of at least two years; consequently the parties are not spouses for property division under Part 5 of the Family Law Act, the claimant's property and debt division claims are dismissed, the existing parenting regime is modified as set out, the respondent's income is imputed at $51,908 and the claimant's income is set at $74,737.85 leading to child support of $1,160 per month (with retroactive entitlement to February 1, 20…

Source excerpt

• Marriage-like relationship
• Cohabitation
• Spousal status under the family law act
• Parenting time and decision-making
• Imputation of income
• Credibility and evidence assessment

Read case analysis

M.J.H.I.G. v. F.M.E.G.

Court

Supreme Court of British Columbia

The Court fixed child-support incomes, special-expense shares, and arrears, varied the prior order on pension division, and ordered disclosure compliance.

• Guidelines income determination
• Special and extraordinary expenses
• Arrears reconciliation and set-off
• Variation of orders
• Pension lump-sum treatment
• Financial disclosure obligations

Read case analysis

Wood v. Brooks

Court

Supreme Court of British Columbia

The court declared that M. was no longer a child of the marriage as of June 2023, fixed the claimant’s Guideline income for 2022 and 2023, and awarded costs.

• Child of the marriage
• Guideline income calculation
• Imputation of income
• Financial disclosure obligations
• Retroactive adjustments to support
• Costs

Read case analysis

R.N.L. v. T.C.

Court

Supreme Court of British Columbia

The court granted divorce, awarded the claimant primary residence and sole parenting decision-making, kept the respondent’s parenting time supervised, and ordered retroactive and ongoing child support.

• Primary residence and guardianship
• Decision-making responsibility under s.41
• Supervised parenting time
• Retroactive child support and imputed income
• Section 7 expenses
• Valuation date and reapportionment under s.95

Read case analysis

Spotzl v. De Spotzl

Court

Supreme Court of British Columbia

Interim family-law application on child support, spousal support, s. 7 expenses, and step-parent support, with income imputation and retroactive support left for trial.

• Imputation of income
• Interim child support
• Interim spousal support
• Step-parent declaration
• Section 7 special expenses
• Jurisdiction of associate judge

Read case analysis

Alkuhlani v. Alkebsi

Court

Supreme Court of British Columbia

Family law trial addressing retroactive and prospective child support, spousal support, property division, debt allocation, parenting arrangements, occupational rent, and divorce.

• Retroactive child support
• S.7 expenses
• Lump sum spousal support
• Equal division of family property
• Line of credit allocation
• Credit card debt division

Read case analysis

L.B. v. D.F.

Court

Supreme Court of British Columbia

Family law trial over parenting, support, property, and divorce. The court ordered equal parenting time, shared responsibilities, child support, and divided family property.

• Parenting time
• Decision-making authority
• Child support calculation and imputation
• Section 7 expenses
• Spousal support entitlement
• Division of family property

Read case analysis

R.G.B. v. J.G.S.

Court

Supreme Court of British Columbia

The court held a March 2018 agreement to cancel child support arrears unenforceable, varied Alberta support arrears using imputed and actual incomes, and denied retroactive s.7 expense claims.

• Retroactive child support
• Section 7 special expenses
• Imputing income
• Relocation/consent agreement enforceability
• Views of the child assessment
• Parenting time

Read case analysis

McDougall v. Ryan

Court

Supreme Court of British Columbia

Family trial addressing divorce, parenting, child support, and property division. The court granted the divorce, ordered shared parenting, awarded retroactive and prospective support, and dismissed the respondent’s property claim.

• Guardianship and parental responsibilities
• Parenting time allocation
• Retroactive child support
• Prospective child support
• Imputed income
• Division of family property

Read case analysis

C.K.C. v. P.R.C.

Court

Supreme Court of British Columbia

The court granted divorce, set aside a U.K. property trust deed, ordered conditional parenting time and child support, and divided family property with set-offs.

• Divorce
• Parenting time
• Guardianship
• S.211 psychological report
• Section 7 special expenses
• Declaration of trust

Read case analysis