Canada Case Law

Ferguson v. MacDougall

Court

Supreme Court of Nova Scotia

Material change found: JNM's expressed wishes and increased time with father justified changing primary care to Respondent; approximately 34% of Applicant's 60% share of Arbour Dental Inc.'s pre‑tax net income (additional $30,435) was properly attributed to Applicant because business growth lacked convincing evidence that funds were required for legitimate retained business needs; retroactive support limited to effective notice date April 1, 2024 through December 1, 2024 (9 months) at set‑off table amount $705/month (total $6,345) payable by Respondent within 90 days; no variation of special…

Source excerpt

• Variation of parenting order
• Best interests of the child
• Attribution of corporate income
• Retroactive child support
• Extraordinary/special expenses
• Voice of the child

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Den Duyf v. Den Duyf

Court

Supreme Court of British Columbia

The court declined to grant retroactive child support or otherwise reopen its final reasons, holding that its earlier order is final and any lacuna in those reasons is for the Court of Appeal to address; the application to vary the parenting schedule was dismissed because the court found the harm from significant parental conflict outweighed the harm from longer intervals between parental time and the change sought was not sufficiently shown to be in the child's best interests.

Source excerpt

• Parenting time variation
• Retroactive child support
• Finality of judgments
• Jurisdiction to reopen orders

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C.L.V. v. S.R.P.V.

Court

Supreme Court of British Columbia

Interim parenting orders were made recognizing P. as primarily resident with the claimant but awarding the respondent regular parenting time (Mondays after school to 8:00 p.m. and additional time as P. requests), with the parenting schedule reviewable after family counselling; no declaration of wrongful denial of parenting time was granted; the claimant ordered to attend an intake with Crossroads and the parties ordered to jointly obtain a written counselling plan and share preparatory costs equally with each bearing their own counselling session costs as directed; respondent's income was imp…

Source excerpt

• Best interests of the child
• Parenting time
• Imputation of income
• Retroactive child support
• Section 7 special expenses
• Views of the child report

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K.A.N. v. N.L.

Court

Supreme Court of British Columbia

The court allowed a child support variation in part, excluding certain RRSP withdrawals used for legal fees and ordering shared-care-based recalculation for 2023 to 2025.

• Variation of support (s.17 divorce act)
• Retroactive child support
• Rrsp/rrif withdrawals as income
• Parental alienation and remedies
• Self-regulating review regimes
• Child-support-variation

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S.K.B. v. J.S.B.

Court

Supreme Court of British Columbia

The court varied an interim parenting order to reflect equal shared parenting, ordered a s. 211 report about A.B., refused exclusive occupancy, and dismissed retroactive child support.

• Section 211 report
• Interim variation of orders
• Exclusive occupancy
• Retroactive child support
• Admissibility of affidavit/hearsay
• Best interests of the child

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K.D.P.P. v. G.P.P.

Court

Supreme Court of British Columbia

The court decided a family law trial on separation, property division, income imputation, child support, s. 7 expenses, parenting, and spousal support.

• Separation date determination
• Excluded property
• Family debt (post-separation debt)
• Imputation of income
• Section 7 special and extraordinary expenses
• Retroactive child support

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T.A.M. v. A.E.B.K.

Court

Supreme Court of British Columbia

Family law trial about parenting time, decision-making, and communications. The court admitted a psychiatric report, weighed two s. 211 reports, and ordered equal parenting time with shared responsibilities.

• Best interests of the child
• Parenting time
• Parental responsibilities
• Section 211 reports
• Expert admissibility
• Family violence

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S.K.W. v. C.M.W.

Court

Supreme Court of British Columbia

Post-trial family law applications largely failed, but the court granted limited variational relief, including C1 parenting changes, support adjustments, and costs to the father.

• S.7 expenses
• Federal child support guidelines
• Guideline income
• Parenting coordinator
• Equalization payments
• Ceba loan repayment

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Haagsman v. Haagsman

Court

Supreme Court of British Columbia

The court dismissed a father’s application to vary parenting and child support. Ben remained a child of the marriage, shared parenting was not proven, and support was set at $1,661 per month.

• Child of the marriage (withdrawal from charge)
• Shared parenting threshold under s.9 of federal child support guidelines
• Variation of final order
• Retroactive child support
• Onus of proof on applicant
• Child-support

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A.D.C. v. S.G.C

Court

Supreme Court of British Columbia

In this family law application, the court awarded compensatory parenting time, dismissed relocation to Nanaimo, declined a parenting co-ordinator, and made a conduct order.

• Relocation
• Denial of parenting time
• Compensatory parenting time
• Parenting coordinator
• Conduct orders
• Separation agreement enforcement

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