Canada Case Law

Scott v. Scott

Court

Supreme Court of British Columbia

The October 23, 2003 correspondence from deceased's counsel objectively admitted some liability and thereby confirmed the cause of action under s.5 of the 1996 Limitation Act for amounts not yet statute-barred; this restarted the limitation period for the youngest child (Kaurie) and, because the 2012 Limitation Act later exempted child support arrears from limitation, Kaurie's portion of the lump sum ($1,000) and periodic arrears totaling $6,529.95 remain enforceable with interest; the original $6,000 lump sum is apportionable equally among the five entitled persons at $1,000 each and claims…

Source excerpt

• Child support arrears
• Statute of limitations
• Confirmation of debt
• Apportionment of arrears
• Costs indemnity

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Moore v. Tse

Court

Supreme Court of British Columbia

Supplementary reasons on child support arrears and section 7 expenses. The court ordered repayment of $7,239.20 in arrears and relieved Mr. Moore from contributing to section 7 expenses from January 1, 2025.

• Section 7 expenses
• Shared parenting (s.9 guidelines)
• Imputed income
• Child support arrears
• Wealth transfer concern
• Child-support-arrears

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C.P.K. v. A.A.

Court

Supreme Court of British Columbia

The claimant sought sale of the family home and an interim distribution, but the court found sale was not necessary or expedient and dismissed the application.

• Sale of family home
• Interim distribution under s.89 family law act
• Child support arrears
• Strata and property tax obligations
• Best interests of the child
• Costs

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O.M. v. V.G.

Court

Supreme Court of British Columbia

The court held O.M. was substantially successful on costs, awarded ordinary costs in both proceedings, and refused special costs, uplift, and a FLA fine.

• Date of separation
• Classification of family property
• Ownership dispute
• Post‑separation contributions
• Spousal support
• Child support arrears

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Olson v. Lavallee

Court

Supreme Court of British Columbia

The Court used an hours-based method to calculate parenting time under s. 9 of the Federal Child Support Guidelines and found the respondent met the 40% threshold.

• Section 9 federal child support guidelines
• Parenting time calculation (hours vs days)
• Allocation of school and sleeping hours
• Shared parenting
• Child support arrears
• Child-support

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Christian v Crowe

Court

Supreme Court of Nova Scotia

Tariff C was the appropriate scale; the applicant was not entitled to appreciation or a lump sum award; the court awarded late fees of $1,341.66 and Tariff C legal fees of $1,000.00 (total $2,341.66) but stayed payment pending determination of any outstanding child support arrears by another court and provided an alternative enforcement mechanism of $100/month from respondent's trust funds beginning March 1, 2025 if jurisdiction is contested.

Source excerpt

• Parenting/decision-making
• Relocation
• Child support arrears
• Property equalization
• Costs assessment
• Tariff c application

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Gill v. Gill Estate

Court

Supreme Court of British Columbia

The court dismissed a family estate challenge, upheld the 2020 will, found the deceased intended the asset transfers, and struck claims against counsel and prior issues.

• Testamentary capacity
• Undue influence
• Joint bank accounts and right of survivorship
• Transfer by joint tenancy
• Wills variation act challenges
• Solicitor duty to third parties

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Pauls v. Hutt

Court

Supreme Court of British Columbia

Application to vary parenting and child support partly granted: parenting time was expanded, counselling was refused, and no retroactive reduction of arrears was ordered.

• Variation of final order
• Child support arrears
• Imputation of income
• Views of the child report
• Parenting time allocation
• Counselling refusal

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Alami v. Haddad

Court

Court of Appeal for Ontario

Motion for security for costs denied because appellant's grounds, while weak, are arguable and not frivolous or vexatious; appellant holds a 50% interest in the matrimonial home which provides security for costs and outstanding cost orders; respondent's child support arrears and the existing order that outstanding costs be paid from sale proceeds weigh against granting security; single judge lacked jurisdiction to alter the application judge's order regarding sale.

Source excerpt

• Security for costs
• Resulting trust
• Equalization of net family property
• Child support arrears
• Sale of matrimonial home

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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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