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Canada Case Law

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Family law 2020 BCSC 2212

Forster v. Forster

The court held the payor owed spousal support at the contractual rate until retirement, then ended support on retirement, with arrears owing for the reduced payments.

  • Variation of support
  • Retirement
  • Self-sufficiency
  • Enforcement
  • Corporate income attribution
  • Spousal-support-variation
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Family law 2020 BCSC 690

S.L.D. v. W.A.D.

The court varied child support retroactively, declined to vary spousal support, accepted a deduction for mortgage principal in Guidelines income, and imputed income to the claimant.

  • Variation of support
  • Guidelines income determination
  • Imputation of income
  • Corporate income attribution
  • Treatment of mortgage principal in support calculations
  • Financial disclosure
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Family law 2015 BCSC 793

I.F. v. R.J.R.

Interim spousal support and a reduced interim property distribution were ordered after the court found a reasonable prospect of challenging the marriage agreement.

  • Interim spousal support
  • S.89 family law act interim distribution
  • Enforceability of marriage/prenuptial agreement
  • Family property
  • Means and needs analysis
  • Corporate income attribution
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Family law 2015 BCSC 103

Katchen v. Katchen

Interim family support decision fixing the respondent’s guideline income at $129,730, the claimant’s at $14,596, and awarding child and spousal support plus ancillary orders.

  • Child support
  • Spousal support
  • Interim orders
  • Income determination
  • Shareholder loans
  • Corporate income attribution
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Family law 2014 BCSC 2467

Megson v. Megson

The court dismissed both the claimant’s variation application and the respondent’s Miglin counterclaim, finding no material change in circumstances and upholding the separation agreement.

  • Variation of spousal support
  • Separation agreement enforcement
  • Material change in circumstances
  • Miglin analysis
  • Family law act s.164(5)
  • Divorce act s.15.2
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Family law 2011 BCSC 776

Zubek v. Nizol

The court varied child support retroactive to June 15, 2010, based on the children’s actual custody and Dr. Zubek’s income, including corporate charitable donations.

  • Guidelines income
  • Retroactive variation
  • Section 7 expenses
  • Custody/residency
  • Corporate income attribution
  • Charitable donations/tithing
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Family law 2011 BCSC 99

K.M.D. v. M.E.W.

The court continued an equal shared parenting schedule, upheld joint guardianship, and ordered retroactive child support arrears after adjusting the father’s Guideline income.

  • Shared parenting
  • Retroactive child support
  • Corporate income attribution
  • Guardianship
  • Parenting coordination
  • Parenting therapy
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.