Canada Case Law

Tattrie v. Borden

Court

Supreme Court of Nova Scotia

Mother was awarded primary care because she was the established primary caregiver, both parents can meet the children’s needs but parental communication and lack of integration preclude a workable shared parenting regime, joint decision-making is ordered with mother having final authority after attempted recourse to a third-party professional, and child support is fixed at the respondent’s table amount with s.7 expenses shared 64.2% (mother) / 35.8% (father).

Source excerpt

• Best interests of the child
• Primary care vs shared parenting
• Parenting plans
• S.7 expenses
• Interim orders
• Costs

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B.D.K. v. D.M.W.

Court

Supreme Court of British Columbia

The court denied a s. 211 report, increased the claimant’s parenting time on a graduated schedule, and dismissed a $1,000 mediation-penalty claim.

• S.30 family law act - parentage
• S.211 family law act - assessor report
• S.224(1)(b) co-parenting coach
• S.230 family law act - compensation/enforcement
• Best interests of the child (s.37 fla)
• Mediation clause enforcement

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T.A.I. v. D.R.M.

Court

Supreme Court of British Columbia

En una disputa familiar, el tribunal declaró que E.M. residía principalmente con D.R.M. desde el 1 de agosto de 2022, alivió a T.A.I. del child support por undue hardship y rechazó variar el spousal support.

• Undue hardship under federal child support guidelines s.10
• Material change in circumstances for spousal support (divorce act s.17)
• Section 7 special expenses
• Parenting time and primary residence
• Rrsp rollover and enforcement
• Costs and offsets

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J.S. v. S.K.

Court

Supreme Court of British Columbia

The court stayed the divorce pending reasonable child-support arrangements, made interim parenting orders, awarded retroactive child support, and declined spousal support.

• Retroactive child support
• Imputation of income
• Parenting time schedule
• S.211 evaluative report
• S.11 divorce act duty re: child support
• S.41 fla parental responsibilities

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Felix v. Simmonds

Court

Supreme Court of Nova Scotia

The court accepted the assessor’s recommendations where consistent with the children’s best interests and found continuation of equal shared parenting (week on/week off) was appropriate; decision‑making responsibilities were divided (some joint, some final authority to one parent for specified matters); imputation of father’s income was denied; ongoing child support was varied to the set‑off amount of $1,064 per month effective March 1, 2023 (previous $900/month remains until February 2023); no retroactive adjustment was ordered for the period before July 1, 2022 and the requested retroactive…

Source excerpt

• Shared parenting
• Decision making allocation
• Set off child support
• Retroactive child support
• Imputation of income
• Assessment reports

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MacNamara v. Bond

Court

Supreme Court of Nova Scotia

On an interim basis the child's best interests required restoring the shared parenting arrangement that existed prior to the December 2021 dispute because it preserved stability, the child's attachment to both parents and siblings, supported continued attendance at pre‑primary, and limited disruption pending a full hearing; therefore a week on/week off shared parenting order with protective provisions was appropriate.

Source excerpt

• Best interests of the child
• Interim order
• Shared parenting
• Parenting time
• Pre-primary enrollment
• Parental credibility

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Bradley v. White

Court

Supreme Court of Nova Scotia

No contempt finding because the 2020 order contained no clear requirement to notify or return the child; court lacks jurisdiction to direct CRA and tax entitlement is for CRA/Tax Court; factual findings establish child’s primary residence with father from May 2020 and with father as primary residence since August 2021, entitling father to support from applicant; applicant intentionally under‑employed so income imputed to $49,086; retroactive support appropriate for May 2020–July 2021 in amount $6,310 and prospective support for Jan–Feb 2022 of $2,926, structured and payable by July 31, 2024 w…

Source excerpt

• Parenting time
• Primary residence
• Child support - prospective
• Child support - retroactive
• Imputing income
• Contempt for breach of order

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R.B.W. v. C.D.W.

Court

Supreme Court of British Columbia

The court ordered expanded parenting time and shared decision-making for the younger children, confirmed child and spousal support, and rejected family violence allegations.

• Best interests of the child
• Shared parenting/time‑sharing schedules
• Decision‑making authority for children
• Federal child support guidelines s.9
• Spousal support advisory guidelines
• Extraordinary expenses (s.7)

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Johnson v. Johnson

Court

Supreme Court of Nova Scotia

The court determined parenting orders to maximize the 15-year-old’s time with both parents and left the 19-year-old to decide her own arrangements; calculated prospective table child support for two children under s.3(1) because the adult daughter was financially dependent and did not live primarily with a parent; set table support at $481/month based on payer income $31,778 and ordered a proportionate contribution to the girls’ health insurance ($5.76/month) prospectively; upheld the parties’ agreement of no table support during the 9-month trial period and awarded limited proportionate hist…

Source excerpt

• Shared parenting
• Special or extraordinary expenses (s.7)
• Table child support (s.3)
• Age of majority
• Undue hardship
• Parenting schedule adjustments

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B.A. v. L.S.

Court

Supreme Court of British Columbia

The court found several transfers of family assets were fraudulent conveyances, awarded damages and compensation, imputed income for support, and set parenting and decision-making orders.

• Fraudulent conveyances act
• Family law act ss.81-97
• Imputation of income
• Lump sum spousal support
• Decision-making for children
• Parenting schedule adjustments

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