Canada Case Law

Burke v. Bouris

Court

Supreme Court of Nova Scotia

The application to vary spousal maintenance was dismissed because the applicant failed to prove, on a balance of probabilities, a significant and long-lasting change not of his choice: the health issues were temporary or foreseeable and did not impair his ability to perform managerial work; the economic difficulties and unpaid devotion to a non-owned company were voluntary choices; bankruptcy discharge improved his financial position; and the recipient continued to demonstrate ongoing need.

Source excerpt

• Variation of spousal maintenance
• Change of circumstances
• Income determination
• Bankruptcy discharge effect
• Arrears and costs

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Grandy v. Grandy

Court

Supreme Court of Nova Scotia

The court ordered a shared parenting arrangement with one-week alternating periods and a nesting order under Matrimonial Property Act s.11(4)(b) because maintaining the children's status quo and minimizing disruption served their best interests; exclusive occupation could not be ordered under the Maintenance and Custody Act absent a spousal maintenance order; the home would remain the children's primary residence while parents alternate exclusive occupation weekly, with specified safeguards and directions for assessment and financial disclosure.

Source excerpt

• Interim custody
• Shared parenting
• Nesting order
• Exclusive occupation
• Maintenance orders
• Child support guidelines

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G.K.G. v. S.S.G.

Court

Supreme Court of British Columbia

Family law trial on custody, guardianship, support, and property division. The court awarded sole custody to the mother, re-apportioned the residence 65/35, and denied private school tuition as a s. 7 expense.

• Custody and guardianship
• Access and travel restrictions
• Division of family assets
• Valuation and buy-out
• Special and extraordinary expenses
• Re-apportionment under s.65(1)

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Goobie v. Young

Court

Supreme Court of British Columbia

The court dismissed claims for asset division, spousal maintenance, and adult child support, finding no unjust enrichment and no basis for further maintenance.

• Constructive trust
• Remedial constructive trust
• Common law relationships
• Unjust enrichment test
• Maintenance under the family relations act
• Division of relationship property

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A.M.L. v. W.L.L.

Court

Supreme Court of British Columbia

Family law trial on custody, access, support, property division, arrears and divorce. The mother received sole custody; the father’s access remained supervised.

• Sole custody
• Supervised access
• Parenting co-ordinator
• Income imputation
• Special and extraordinary expenses
• Arrears cancellation

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Jakob v. Jakob

Court

British Columbia Court of Appeal

The Court of Appeal held that leave to appeal was unnecessary, extended time to appeal one order, allowed the timely appeal of another, and granted indigent status.

• Extension of time to appeal
• Leave to appeal
• Indigent status
• Division of pension
• Variation of maintenance
• Finality of orders

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Jakob v. Jakob

Court

Supreme Court of British Columbia

The court refused to reopen the pension entitlement period, but increased spousal maintenance to $375 per month after finding a material change in income.

• Variation of maintenance
• Pension entitlement finality
• Income assessment and imputation
• Service/address for delivery
• Adjournment of property application
• Spousal-maintenance

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Lazorek v. Quinn

Court

Supreme Court of British Columbia

Family-law reasons on asset valuation, maintenance, and disclosure in a divorce dispute. The court valued aircraft and business interests, rejected an unproven revenue deduction, and ordered retroactive support.

• Asset valuation
• Division of family assets
• Retroactive maintenance
• Imputation of income
• Custody and guardianship
• Expert evidence

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Murphy v. Murphy

Court

Supreme Court of British Columbia

In chambers, the court cancelled spousal maintenance arrears from January 2004, imputed the defendant’s income at $35,000 from January 1, 2003, and ordered child support to be recalculated.

• Arrears cancellation
• Income imputation
• Child support guidelines
• Guardianship
• Costs
• Spousal-maintenance

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Y.L. v. G.Q.

Court

Supreme Court of British Columbia

The court varied interim custody to the defendant, lifted a travel restriction, reapportioned family assets 60/40 in the plaintiff’s favour, and ordered interim spousal support.

• Custody variation
• Guardianship
• Removal from province
• Judicial reapportionment s.65
• Rrsp equalization
• Interim spousal maintenance

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