Canada Case Law

Ryckman v. Ryckman

Court

Supreme Court of Nova Scotia

On the balance of probabilities the court rejected Respondent's reported Line 150 income as not reflecting his ability to pay due to inconsistent evidence, non-disclosure, and a lifestyle inconsistent with declared income; the court imputed Respondent's income at $72,000 and ordered child support for Tiara under the Ontario table based on that imputed income from December 1, 2017 continuing monthly, denied retroactive support for Brett and reserved costs.

Source excerpt

• Child support guidelines
• Imputed income
• Retroactive child support
• Dependent child definition
• Disclosure obligations

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Duquesne v. Hill

Court

Supreme Court of British Columbia

Interim child and spousal support were ordered, parenting time was increased on a staged schedule, and retroactive support and arrears were left for trial.

• Interim support
• Spousal support advisory guidelines
• Child support calculations
• Parenting time schedule
• Best interests of the child
• Retroactive support and arrears

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R. v. Montgomery

Court

Supreme Court of British Columbia

The court dismissed applications for a stay of proceedings and a mistrial in a cocaine trafficking case, but ordered limited disclosure about Fernando Diaz.

• Disclosure obligations (stinchcombe)
• Stay of proceedings
• Mistrial
• Abuse of process
• Informant protection and vetting
• Amendment to indictment

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Koch v. Underhill

Court

Supreme Court of British Columbia

The court fixed the parties’ incomes, rejected claims of under-employment and non-credible disclosure, dismissed both s. 7 expense claims, denied summer offset support, and awarded costs to Ms. Koch.

• Section 7 expenses
• Income determination
• Imputation of income
• Non-disclosure and sanctions
• Access/overholding
• Child support guidelines

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Birch v. Birch

Court

Supreme Court of British Columbia

The court expanded the father's access to the child, but adjourned his bid to vary spousal support for lack of sworn financial disclosure and denied interim property distribution.

• Variation of spousal support
• Parenting/time‑sharing schedule and overnight access
• Interim distribution of sale proceeds/trust funds
• Imputation of income and financial disclosure
• Requirement for sworn financial statement (form 89)
• Spousal-support-variation

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