Canada Case Law

Hall v. Eggertson

Court

Supreme Court of British Columbia

The JCC consent order was a final order; a material change in circumstances was established based on the child's increased travel time, sleep deprivation and associated effects which could not have been reasonably contemplated; however the respondent's proposed variation (limiting the claimant to weekend parenting and altering weekday shared time) was not in the child's best interests because it would reduce stability, curtail meaningful relationships and extracurricular participation, and therefore the variation was refused; the Christmas variation was dismissed for lack of supporting eviden…

Source excerpt

• Best interests of the child
• Material change in circumstances
• Parenting schedule
• Judicial case conference consent orders

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Burke v Gouthro

Court

Supreme Court of Nova Scotia

Applicant proved two independent material changes: (1) unilateral reduction in the father’s parenting time by the mother in breach of the 2019 consent order, and (2) the mother’s failure to meet Carsen’s educational needs; on a fresh best interests inquiry shared parenting on an alternating weekly schedule with specified communication, exchange, and supervision protocols is ordered; interim child support is set by set-off at CAD 707 per month pending Contino evidence.

Source excerpt

• Material change in circumstances
• Best interests of the child
• Shared parenting
• Enforcement v variation
• Education of child
• Parenting time

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Sekhon v. Sekhon

Court

Supreme Court of British Columbia

The court dismissed reconsideration, terminated spousal support effective July 31, 2020, and left child support and special expenses unchanged.

• Reconsideration
• Variation of spousal support
• Imputation of income
• Retroactive support
• S.7 special expenses
• Disclosure non-compliance

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P.S. v. L.J.

Court

Supreme Court of Nova Scotia

The applicant failed to prove a material change in circumstances to justify varying the parenting order; however, the court varied child support because the parents' means changed — the respondent's long-term disability benefits were grossed up and imputed as income under the Guidelines, producing a set-off resulting in a $325 monthly payment from the applicant plus specified childcare cost allocations effective April 1, 2018.

Source excerpt

• Change in circumstances
• Shared parenting
• Decision-making authority
• Imputation of income
• Grossing up disability benefits
• Set-off calculation

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P.K.N. v. D.S.N.

Court

Supreme Court of British Columbia

The court dismissed a grandparents’ application to change supervised parenting time to unsupervised visits, finding the children’s best interests required continued supervision.

• Parenting time
• Supervised access
• Material change in circumstances
• Best interests of the child
• Parental alienation
• Parenting-time

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J.D.C. v. J.C.A.C.

Court

Nova Scotia Family Court

There was a material change in circumstances because the father's court-ordered parenting time and communication were not reasonably facilitated by the mother, this materially impacted the father-child relationship, and the child's best interests require ordering meaningful, regular contact; however, the evidence did not justify changing the child's primary day-to-day residence, so joint custody with mother as primary caregiver is retained while parenting time and maintenance are varied accordingly.

Source excerpt

• Parenting time
• Joint custody
• Primary residence
• Best interests of the child
• Material change in circumstances
• Parental alienation

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Forest v. Forest

Court

Supreme Court of British Columbia

Supplemental reasons correcting a calculation error did not alter the result: the court kept the respondent’s income at about $122,000 and left the spousal support order unchanged.

• Income imputation
• Calculation of spousal support
• Slip rule / variation before entry
• Correction of judicial error
• Spousal-support
• Income-imputation

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M. v. M.

Court

British Columbia Court of Appeal

Appeal allowed in a family-law mobility dispute: the court held a material change in circumstances had to be considered before varying the children’s schooling order.

• Material change in circumstances
• Best interests of the child
• Consent orders
• Interpretation of orders
• Views of the child report
• Family-law

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Cochran v. McBean-Cochran

Court

Supreme Court of Nova Scotia

Court found a non-transitory material change beginning in 2001-2002 (applicant's business collapse and respondent's aggravated illness). The parties' conduct evidenced acceptance of reduced payments from 2002 to 2008 and the court declined to retroactively reopen that entire period; all arrears for Jan 2002–Dec 2008 are erased. The court assessed the applicant's ability to pay from January 2009 and ordered retrospective adjustment/arrears credits from that date (crediting $2,000/month if paid) and fixed prospective spousal support at $3,000/month commencing January 1, 2012 with right to revie…

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• Section 17 variation
• Material change in circumstances
• Retroactive support
• Arrears calculation
• Prospective support quantum
• Consent/oral agreement

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Newton v. Luettger

Court

Supreme Court of British Columbia

The court dismissed both parties' applications to vary a shared-care custody order, but granted the claimant child support of $1,495 per month.

• Shared parenting
• Change of circumstances
• Child support guidelines s.9 (shared care)
• Non-compliance with orders
• Child-support
• Custody-and-access

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