Canada Case Law

J.M.W. v. B.R.P.W.

Court

Supreme Court of British Columbia

The court lacked jurisdiction under the Milman review clause and s.168 FLA to extend the duration of spousal support established at trial; the claimant failed to adduce admissible expert medical evidence to displace the imputed $30,000 income and therefore her imputed income remains; however, the respondent's substantial increase in gross (and tax-exempt) income and provision of rent-free housing constituted a material change of circumstances and nondisclosure that justified varying the quantum of child and spousal support, grossing up tax-exempt income under the Federal Guidelines and making…

Source excerpt

• Variation and review of support orders
• Retroactive support
• Income gross-up for tax-exempt income
• Imputation of income
• Disclosure/non-disclosure
• Admissibility of expert medical evidence

Read case analysis

R. v. Skiffington

Court

British Columbia Court of Appeal

The Court treated the ministerial referral as a new appeal under Part XXI, granted leave to cross-examine specified affiants and ordered attendance of identified non-affiant police officers because ambiguity and conflicts in the materials justified further inquiry and cross-examination in the interests of justice; the appellant's sworn affidavit may, if admitted as fresh evidence, be used to prove factual non-disclosure and to show whether the absence of a Hart voir dire prejudiced the appellant (i.e. whether he would likely have challenged the Mr. Big admissions and testified), but the affid…

Source excerpt

• Ministerial reference
• Mr. big operations
• Fresh evidence
• Cross-examination of affiants and compellable non-affiants
• Disclosure/non-disclosure
• Abuse of process

Read case analysis

N.A.J. v. L.S.B.

Court

Supreme Court of British Columbia

The court enforced a without notice order returning three children to British Columbia, dismissed the respondent’s protection order application, and made interim conduct and parenting orders.

• Without notice (ex parte) orders
• Protection order
• Parenting time
• Conduct orders
• Disclosure/non-disclosure
• Costs

Read case analysis

Zhang v. Lin

Court

Supreme Court of British Columbia

The court allocated trial costs into three bands: no costs for the Langley Farmland period, special costs for misconduct in non-disclosure, and Scale B for the remainder.

• Disclosure/non-disclosure
• Special costs
• Offers to settle
• Torrens land title system
• Scale of costs
• Damages calculation

Read case analysis

Kieffer v. Brown

Court

Supreme Court of British Columbia

The court ordered $900,000 of the claimant's share of family-home sale proceeds held in trust, but released the respondent's half share.

• Separation agreement enforceability
• Spousal support (lump sum vs periodic)
• Asset preservation
• Preservation orders/injunctions
• Disclosure/non-disclosure
• Family-law

Read case analysis

S.A.T. v. D.I.T.

Court

Supreme Court of British Columbia

High-conflict family trial on spousal support, excluded property, and reapportionment. The court found family violence, awarded non-compensatory support, and reapportioned family property 60/40.

• Reapportionment under s.95 fla
• Excluded property under s.85 fla
• Spousal support entitlement and quantum
• Imputation of income
• Findings of family violence
• Disclosure/non-disclosure

Read case analysis

Block v. Block

Court

Supreme Court of British Columbia

The court set the claimant’s challenge to a separation agreement and consent order for trial, finding the limitation and disclosure issues could not be decided in chambers.

• Separation agreement rescission
• Unconscionability
• Disclosure/non-disclosure
• Variation of support orders
• Limitation period and discoverability
• Set aside consent order

Read case analysis

S.L.C. v. J.R.C.

Court

Supreme Court of British Columbia

Family law trial on support, property division and disclosure. The court imputed income to the respondent, ordered retroactive and ongoing support, and reapportioned property.

• Income imputation
• Section 7 special expenses
• Unequal division under s.95 fla
• Retroactive support
• Disclosure/non-disclosure
• Credibility findings

Read case analysis

MIG Group Ltd. v. Milani

Court

British Columbia Court of Appeal

The Court of Appeal held issue estoppel did not bar MIG’s foreclosure petition because the family law case did not finally determine liability on the promissory note.

• Issue estoppel
• Res judicata
• Foreclosure
• Collateral mortgage
• Promissory note
• Alter ego/privy

Read case analysis

Natanj v. Nasiri

Court

Supreme Court of British Columbia

The court granted a divorce, refused annulment, dismissed spousal support, divided disclosed family property, and awarded special costs for non-disclosure.

• Divorce
• Annulment
• Spousal support
• Property division
• Disclosure/non-disclosure
• Foreign marriage agreement (mehrier)

Read case analysis