Canada Case Law

Sampson v Sampson

Court

Supreme Court of Nova Scotia

The kitchen table agreement was set aside because Ms. Sampson proved the negotiation was tainted by vulnerability, lack of full financial disclosure and absence of independent legal advice, and the agreement failed to substantially comply with the objectives of the Matrimonial Property Act; on asset division and evidence the court calculated equities and awarded Mr. Sampson a further equalization payment of $59,017, set incomes ($12,000 for Ms. Sampson; $75,000 for Mr. Sampson) and ordered continuing spousal support of $1,800 monthly payable indefinitely.

Source excerpt

• Separation agreement validity
• Equalization of matrimonial property
• Asset valuation
• Debt allocation
• Income imputation
• Maintenance enforcement

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Schneider v. Owers

Court

Supreme Court of British Columbia

The court refused equitable set-off between property/debt obligations and retroactive spousal support arrears, instead ordering a mutual payment arrangement from trust proceeds.

• Set-off
• Retroactive spousal support
• Debt allocation
• Enforcement of support
• Implementation of judgment
• Equitable-set-off

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Annand v Annand

Court

Supreme Court of Nova Scotia

The Court awarded primary physical care and final decision-making to the mother because she was the established primary caregiver and the father's offshore employment made him unavailable; the corporate shareholder loan was excluded because the company was insolvent and had no income while the corporate bank balance and entire cash surrender value of the life policy (including pre-marriage portion) were matrimonial and divided equally; most of the personal and corporate CRA and payroll debts were equally divided but reduced by $10,000 to reflect unreasonable incurrence and disparity of means;…

Source excerpt

• Parenting order
• Division of assets
• Debt allocation
• Imputation of income
• Retroactive support
• Insurance/security for support

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Williams v. Williams

Court

Supreme Court of British Columbia

Trial reasons dividing family property and debt, addressing excluded property, pensions, vehicles and investments, and granting a six-month protection order.

• Family property division
• Excluded property
• Protection order
• Pensions
• Debt allocation
• Financial disclosure

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Boyd v. Foster

Court

Supreme Court of British Columbia

The court found a marriage-like relationship from November 2011 to July 2017, divided family property and debt, and denied spousal support.

• Marriage-like relationship
• Family property
• Excluded property
• Personal injury settlement
• Unequal division
• Debt allocation

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Van Andel v. Schroeder

Court

Supreme Court of British Columbia

The court found the parties’ marriage-like relationship began on June 1, 2000, divided pension interests for that period, and set spousal support at $1,983 monthly.

• Cohabitation date
• Marriage-like relationship
• Division of property
• Imputation of income
• Retroactive support
• Pension entitlement

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K.A.L. v. K.J.L.

Court

Supreme Court of British Columbia

Family law trial on parenting, support, property, and debt. The court imputed income to the respondent, ordered child support and security, and divided property and debts.

• Parenting time
• Imputing income
• Retroactive child support
• Security for child support
• Special and extraordinary expenses
• Valuation date for family property

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O'Neill v. MacQuarrie

Court

Supreme Court of British Columbia

The court rejected an alleged pre-separation buyout agreement, found the family debt had been partly repaid before separation, and ordered the respondent to pay $10,450 plus costs.

• Debt allocation
• Property division
• Contract formation
• Equitable remedies
• Division of assets post-separation
• Family-law

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Petre v. Petre

Court

Court of Appeal for Ontario

The trial judge's factual findings were not shown to be erroneous and no legal error was demonstrated; therefore the appeal is dismissed and the separation agreement remains in force.

Source excerpt

• Separation agreement
• Hidden assets
• Debt allocation
• Undue influence
• Date of separation
• Findings of fact

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Hodgson v. Hodgson

Court

Supreme Court of British Columbia

The court dismissed most of an application to vary a consent order in a family case, finding no material change to cancel child support or alter caregiver designation.

• Child support
• Arrears
• Variation of consent order
• Designation of primary caregiver
• Life insurance beneficiary
• Debt allocation

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