Canada Case Law

F.C. v. S.C.

Court

Supreme Court of Nova Scotia

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…

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• 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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Hartnell v. Hartnell

Court

British Columbia Court of Appeal

The Court of Appeal awarded no costs on supplementary reasons in Hartnell v. Hartnell, finding neither party achieved substantial success on the appeal.

• Ambiguity of trial court order
• Retroactive child support
• Remittal to trial court
• Substantial success for costs
• Family-law
• Child-support

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Illingworth v. MacIntyre

Court

Supreme Court of Nova Scotia

The Court found a change of circumstances warranted limited variation of the 2020 parenting provisions, concluded the father did not make full disclosure for 2021 and therefore should not be relieved of his 2021 support obligation, set the father's 2022 income at $59,963.00 for child support calculation, declined to order s.7 contributions given the father's existing arrears, access costs and seven‑week summer obligation, and imposed a specific payment schedule, disclosure requirements and a case conference to monitor income and compliance.

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• Variation of corollary relief order
• Income determination and imputation
• Federal child support guidelines s.7 (special/extraordinary expenses)
• Child support arrears and payment plans
• Disclosure obligations
• Parenting time and communication orders

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Castle v. Oei

Court

Supreme Court of British Columbia

The court varied a parenting schedule, ordered counselling every two months, suspended enforcement of past child support pending review, and set interim support at $391 monthly.

• Variation of parenting order
• Material change of circumstances
• Parenting coordinator
• Suspension of enforcement
• Counselling
• Parenting-arrangements

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Fouad v. Fouad

Court

Supreme Court of British Columbia

Interim family-law orders maintained joint guardianship and the existing shared parenting schedule, declined to adopt s. 211 recommendations, and reserved costs.

• Guardianship
• Parenting time
• Parental responsibilities (s.41)
• S.211 report
• Best interests of the child
• Travel documents/passport

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Perks v. Mueller

Court

Supreme Court of British Columbia

On an interim parenting application, the court ordered that Maeli Mueller reside in Victoria with her father, finding that this best served her interests.

• Best interests of the child
• Views of the child
• Interim residency
• Relocation (not before court)
• Best-interests-of-the-child
• Views-of-the-child

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Cotton v. Berry

Court

Supreme Court of British Columbia

A British Columbia Supreme Court family decision on parenting, support, property division and communication, awarding the mother primary care, child support, extraordinary expenses, and a buy-out of the family home.

• Parenting time
• Extraordinary expenses
• Child support
• Division of family property
• Guardianship
• Decision-making

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Symes v. Symes

Court

Supreme Court of Nova Scotia

Divorce granted; existing parenting arrangement for the two younger children continued; income imputed to respondent at $21,000/year and child support assessed at $297/month for the two children in father's care; respondent entitled to spousal support on compensatory and non‑compensatory bases but no retroactive spousal support awarded; spousal support ordered payable by petitioner at $900/month effective March 1, 2016 increasing to $950/month effective March 1, 2017; petitioner’s payment of certain debts and ongoing third‑party payment for respondent's vehicle credited against spousal suppor…

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• Parenting time
• Imputed income
• Spousal support entitlement and quantum
• Retroactive support
• Debt allocation impact on support
• Support review and disclosure obligations

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Constantinescu v. Istrate

Court

British Columbia Court of Appeal

Court of Appeal dismissed the appeal in a family dispute, upholding retroactive child support and double costs, and holding the parenting-arrangement issue moot.

• Retroactive child support
• Parenting arrangement
• Double costs
• Separation date
• Blameworthy conduct
• Delay in claiming support

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Hughes v. Erickson

Court

Supreme Court of British Columbia

Interim family-law relief: the court ordered a nesting arrangement, interim child and spousal support, dismissed protection orders, and limited communications.

• Exclusive occupation of family home
• Nesting arrangement
• Parenting time
• Child support calculation
• Interim spousal support
• Protection/restraining orders

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