Canada Case Law

A.B. v. C.D.

Court

Supreme Court of British Columbia

The 2009 marriage agreement is enforceable and not unconscionable in formation or substance; except for two specified reallocations to address fairness (transfer of the Hyundai Palisade and transfer of an investment), property is divided under the marriage agreement; respondent's Guidelines income is calculated using a non-capital eroding approach without a personal tax gross-up producing 2023: $632,373, 2024: $499,746, 2025 (averaged): $484,634; child support and spousal support are ordered prospectively and arrears determined to March 31, 2026; Y. to remain with claimant with no court-order…

Source excerpt

• Marriage agreement enforceability
• Unconscionability
• Division of matrimonial property
• Child support (guidelines)
• Spousal support (ssag)
• Section 7 expenses

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Alami v. Haddad

Court

Court of Appeal for Ontario

The trial judge’s findings that the husband contributed to acquisition of the homes were supported by the evidence and warranted application of the presumption of resulting trust; s.14 need not be determinative where the general resulting trust presumption applies; the mortgage registered by the wife after separation is a post‑separation debt for which she alone is responsible; any mischaracterization of s.5(6) had no practical effect on the outcome; appeal is dismissed.

Source excerpt

• Resulting trust
• Family law act s.5(6) and s.14
• Equalization of net family property
• Sale of matrimonial home
• Post‑separation mortgage liability
• Child support

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Lang-Newlands v. Newlands

Court

Court of Appeal for Ontario

Court declined to grant directions recharacterizing post-separation adjustments as support because no authority and procedural barrier (failed to re-attend trial judge); concluded there was a serious risk respondent would not pay the post-separation adjustments and that applicant could provide security, and that the appeal had arguable merit, and accordingly exercised discretion under r.63.01(5) to lift the stay on respondent’s obligation to pay $2,240,544.56 on terms requiring applicant to pay the net difference of $584,486.45 within seven days and expedited the appeal.

Source excerpt

• Stay pending appeal
• Spousal support
• Equalization of net family property
• Post-separation adjustments
• Directions motion
• Expedited appeal

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Bradley v. Callahan

Court

British Columbia Court of Appeal

The Court of Appeal held the marriage agreement operated unfairly because it ignored Ms. Bradley’s indirect contributions and extraordinary asset growth, ordering $29 million reapportionment.

• Marriage agreement fairness
• Reapportionment under s.65 fra
• Retroactive child support
• Retroactive spousal support
• Indirect contributions
• Valuation timing

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Cho v. Jo

Court

Supreme Court of British Columbia

The court held the Korean condominium was not family property, divided the disclosed Canadian assets equally, kept support based on prior guideline incomes, and dismissed the child support variation.

• Family property identification
• Division of matrimonial assets
• Spousal support imputation
• Child support variation
• Asset disclosure and adverse inference
• Section 91 restraint

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S.P.L.L. v. H.I.C.

Court

Supreme Court of British Columbia

Interim family-law orders granted on parenting, home occupancy, support, and experts, with prior Provincial Court orders partly set aside.

• Parenting arrangements
• Exclusive occupancy / nesting
• Family violence
• Section 211 reports
• Parenting coordinator
• Imputed income

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

Court

Supreme Court of British Columbia

Family law judgment on property division, support, parenting, separation date, divorce, and an Iranian Maher clause. The claimant succeeds on property and support; the Maher claim is dismissed.

• Family property division
• Spousal support
• Child support
• Parenting arrangements
• Maher/dowry enforcement
• Separation date

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Wang v. Mitchell

Court

Supreme Court of British Columbia

Family-law trial resolving property, parenting, support, and costs issues after a high-conflict marriage involving assets in Canada and China.

• Division of family property
• Family debt and promissory notes
• Express and resulting trusts
• Unjust enrichment / joint family venture
• Beneficial ownership
• Parenting / best interests of the child

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Manhas v. Manhas

Court

British Columbia Court of Appeal

Appeal from a family law property and support order dismissed. The Court upheld credibility findings, family-property findings, and the denial of spousal support.

• Division of family property
• Ownership dispute (family vs parental ownership)
• Characterization of contributions (loan vs gift)
• Spousal support entitlement
• Child support arrears
• Credibility findings and document disclosure

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Tataryn v. Kriese

Court

Supreme Court of British Columbia

Interim child and spousal support were ordered after the court averaged the claimant’s recent income and declined to treat all corporate retained earnings as immediately available.

• Interim child support
• Interim spousal support
• Imputation of income
• Treatment of corporate retained earnings
• Income determination under child support guidelines
• Interim-child-support

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