Canada Case Law

T.F.O. v. L.R.O.

Court

Supreme Court of British Columbia

On rough-justice interim analysis the court refused the father's abrupt move to full equal parenting but ordered a modest increase (to six nights per 14) with fixed pick-up/drop-off to protect routines, found shared-parenting (s.9) engaged, set father's Guideline income at $740,000 per annum (s.18 corporate pre-tax imputed as dividends), imputed mother's income at $38,000 (s.19), ordered interim child support of $8,514/month and interim spousal support of $15,834/month (52/48 NDI split in favour of mother) effective April 1, 2026 (support) and parenting changes effective week of April 6, 2026…

Source excerpt

• Interim orders
• Guideline income determination
• Shared parenting (s.9)
• Corporate income (s.18)
• Imputing income (s.19)
• Net disposable income (ssag)

Read case analysis

S.A. v. Z.R.

Court

British Columbia Court of Appeal

Once the respondent established a prima facie case of under-employment via the appellant's post-separation income decline, the evidentiary burden shifted to the appellant to prove his reduced earnings were required by the children's needs; the trial judge rationally found he failed to discharge that burden and reasonably imputed annual income of $325,000, permitted that imputed figure to operate as the baseline for future spousal support reviews (adjustable upward by actual earnings), and did not err in excluding post-secondary costs from s.7 expenses on the record before her.

Source excerpt

• Imputation of income under child support guidelines
• Evidentiary burden under s.19(1)(a)
• Section 7 special and extraordinary expenses (post-secondary)
• Settlement of formal order terms
• Standard of appellate review of discretionary family orders

Read case analysis

Stewart v Jordan

Court

Supreme Court of Nova Scotia

Because Mr. Stewart repeatedly failed to provide full, credible financial disclosure and there was evidence of avoidance of payment, the court drew an adverse inference and imputed annual income of $26,944.24 for 2021, 2022, 2023, 2024 and onward (unless varied). The court recalculated table child support for two children from February 1, 2017 to October 1, 2021 based on available income records and applicable tables, found arrears of $27,149 for February 2017–end January 2022, found additional arrears of $738.90 for February 1, 2022–February 1, 2024 (based on Maintenance Enforcement Program…

Source excerpt

• Variation of support
• Retroactive child support
• Imputation of income
• Adverse inference for non-disclosure
• Maintenance enforcement program

Read case analysis

M.G.T. v. L.S.R.

Court

Supreme Court of British Columbia

The court upheld a partial settlement over past child support and s. 7 expenses, and held post-October 2023 equestrian costs were extraordinary but capped the father’s contribution.

• Special or extraordinary expenses
• Child support guidelines s.7
• Settlement by correspondence
• Consultation on expenditures
• Best interests of the child
• Equestrian/sports expenses

Read case analysis

SGW v. JDF

Court

Supreme Court of British Columbia

The court imputed $46,000 income to the claimant from April 1, 2024, varied the parenting schedule to increase the respondent’s time, granted divorce, and ordered each party to bear own costs.

• Imputation of income
• Parenting schedule
• Holiday access
• Review of support
• Costs
• Imputation-of-income

Read case analysis

I.C. v. M.C.

Court

Supreme Court of Nova Scotia

Because the father failed to provide ordered financial disclosure, has relevant qualifications and assets and provided no evidence of inability to earn, the court imputed annual income at the three‑year average $77,981.33; applying the Guidelines the father must pay child support $1,182/month and, on compensatory and non‑compensatory grounds, spousal support $357/month for four years, with parenting and enforcement provisions consolidated into the order.

Source excerpt

• Imputation of income
• Application of federal child support guidelines
• Spousal support entitlement (compensatory and non-compensatory)
• Enforcement of support orders
• Supervised parenting time

Read case analysis

S.M. v. J.A.

Court

Newfoundland and Labrador Court of Appeal

Majority: Appellant failed to establish the required material change in circumstances because the project‑based job loss was within the trial judge’s contemplation and the appellant deliberately created his inability to pay by refusing available work; accordingly the Applications Judge did not err in dismissing variation of child and partner support, refusing parental schedule change, and in not addressing arrears. Dissent would have imputed income and remitted the partner support issue.

Source excerpt

• Material change in circumstances
• Variation of support orders
• Imputation of income
• Support arrears
• Consent orders
• Admissibility of new evidence

Read case analysis

Kaur v. Khurana

Court

Supreme Court of British Columbia

Trial judgment in a family-law dispute: the court set child support, dismissed undue hardship and spousal support claims, divided property with adjustments, and fined the respondent for disclosure failures.

• Divorce
• Custody and parental responsibilities
• Guidelines child support
• Undue hardship (s.10 guidelines)
• Compensatory spousal support
• Equal division/equalization

Read case analysis

Miller v. Miller

Court

Supreme Court of Nova Scotia

Court found applicant failed to provide clear notice of an earlier change such that retroactive variation before June 15, 2020 was unwarranted; court determined Nathan’s primary residence had changed effectively June 15, 2020 and adjusted child support accordingly using respondent’s 2020 total income ($87,666.59) and applicant’s imputed and later actual income ($34,038 until March 15, 2021; $39,603 thereafter), awarding $3,496 retroactively for June 15, 2020–April 15, 2021 and setting prospective s.3 table support at $415/month (split care) as of May 15, 2021 plus $291/month until the retroac…

Source excerpt

• Child support guidelines s.3
• Section 7 expenses
• Section 9 shared custody analysis
• Retroactive child support
• Imputed income
• Voice of the child reports

Read case analysis

L.L.P. v. C.R.P.

Court

Supreme Court of British Columbia

The court granted divorce, ordered joint guardianship and primary care to the claimant, continued supervised parenting time, and set child support, s. 7 expenses, and property division terms.

• Child support retroactive
• Section 7 special expenses
• Parenting arrangements and supervised access
• Income imputation
• Spousal support entitlement (declaratory)
• Division of family property

Read case analysis