Canada Case Law

Lamons v. Boston

Court

Supreme Court of British Columbia

The student loan obtained in 2017-2018 was principally used for family living expenses and therefore constitutes family debt divisible between the parties; the respondent is liable for one half of the divisible student loan and related overpayments, and the court will order specified equalization and division of benefits while declining to infer that the respondent converted the 2018 transfer into a nonfamily asset remaining at separation absent adequate evidence.

Source excerpt

• Equalization
• Student loan as family debt
• Adverse inference for non-disclosure
• Workers' compensation benefits
• Cpp pension equalization
• Costs

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K.A.L. v. S.A.J.

Court

Supreme Court of British Columbia

On the balance of probabilities the parties separated on September 15, 2021; that separation date triggers the two‑year limitation under s.198(2)(b) of the Family Law Act and therefore the claimant's Part 5/6 claims are time-barred; the children's best interests favor stability so they remain at their Maple Ridge school; equal shared parenting time on the existing 2-2-5-5 schedule (with rotation swapped) is appropriate; claimant's income is reasonably imputed to $53,000 commencing June 1, 2025 (12 months after birth) for child support purposes, producing specified retroactive and prospective…

Source excerpt

• Date of separation
• Best interests of the child
• School relocation
• Imputation of income
• Retroactive child support
• Parenting responsibilities

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King v. Chevallier

Court

Supreme Court of British Columbia

The claimant is entitled to spousal support on compensatory and needs grounds; prospective spousal support is fixed at CAD 4,800/month commencing February 1, 2025, indefinite in duration subject to variation; retroactive spousal support from the date the Notice of Family Claim was filed (November 7, 2019) to January 31, 2025 is awarded as a tax-adjusted lump sum of CAD 130,094; family property is divided pragmatically by allocating chattels in kind (each retains one horse trailer with claimant priority of election), valuing specific retained vehicle assets and applying a property-based set-of…

Source excerpt

• Division of family property
• Retroactive spousal support
• Prospective spousal support
• Imputation of income
• Valuation of chattels
• Cpp credit division

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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

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H.H. v. D.H.

Court

Supreme Court of British Columbia

The court awarded the wife 75% of family property, imputed the husband’s income at $40,000, denied spousal support, ordered child support, and granted divorce.

• Excluded property under family law act
• Imputed income
• Unequal division of family property (s.95)
• Division of cpp pensionable earnings
• Section 7 special expenses
• Spousal support entitlement and need

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Sandhu v. Bhella

Court

Supreme Court of British Columbia

The court adjusted parenting time, declined equal shared parenting and refused to order counselling for the children, while also making child support and property division orders.

• Parenting time
• Best interests of the child
• Section 7 expenses
• Hear the child report
• Equal/shared parenting
• Counselling for children

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Yarmie v. Yarmie

Court

Supreme Court of British Columbia

The court reviewed spousal support after the respondent’s retirement, held no income should be imputed to him, imputed income to the claimant, and ended support as of April 14, 2021.

• Spousal support review upon retirement
• Imputation of income for underemployment
• Treatment of lump sum for loss of future earnings
• Division and effect of pension splitting
• Liras and income attribution
• Double dipping rule

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Raschpichler v. Raschpichler

Court

British Columbia Court of Appeal

Appeal dismissed. The Court upheld indefinite spousal support of $1,500 a month, finding retirement was a material change but did not end the respondent’s ongoing entitlement.

• Spousal support variation/termination
• Material change in circumstances
• Compensatory support
• Non-compensatory support
• Financial disclosure
• Pension double dipping

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McLearn v. McLearn

Court

Supreme Court of Nova Scotia

Divorce granted; income was imputed to petitioner because she was able to work but chose not to and offered no medical evidence; petitioner was ordered to pay historic child support of $7,403 based on imputed minimum-wage full-time income for the relevant period; respondent was ordered to pay compensatory spousal support (retroactive and prospective) but non-compensatory need-based support was eliminated due to petitioner's long-term cohabitation where her partner covers her living expenses; pension accrued to separation is to be equalized; Kennetcook inherited property is classified 20% matr…

Source excerpt

• Imputing income
• Retroactive support
• Spousal support advisory guidelines
• Cohabitation/re-partnering
• Equal division
• Classification of assets

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Middlebrooks v. Stanger

Court

Supreme Court of British Columbia

The court granted divorce, ordered monthly spousal support, confirmed equal property and pension division, and declined to fine the respondent for misuse of process.

• Spousal support advisory guidelines (ssag) application
• Compensatory vs needs-based support
• Early retirement reliance
• Pension income treatment and double recovery (boston)
• Yemchuk equivalence principle
• Imputation of income and overtime

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