Canada Case Law

M.A.L. v. V.G.A.

Court

Supreme Court of British Columbia

On credibility and best interests grounds the mother's evidence was preferred, the father was found not fully credible and responsible for escalatory conduct including a family violence incident (June 17, 2022); joint guardianship retained but the mother granted final decision-making for education and health; parenting time ordered on a 14-day rotation giving mother 9 nights and father 5 nights (approx 60/40) with specified summer and holiday arrangements; respondent's property and disclosure claims regarding Indian land and bank/mutual funds were dismissed for lack of reliable evidence; resp…

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• Parenting time
• Guardianship
• Decision-making authority
• Section 7 expenses
• Family violence
• Conduct orders

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Wood v. Wood

Court

Supreme Court of British Columbia

Clause 33 applies to both the claimant's undisclosed Sun Life disability claim and the claimant's misrepresented Telus pension. The claimant is therefore deemed to own those assets equally with the respondent; respondent is entitled to one-half of the Sun Life settlement ($82,500) and one-half of the undisclosed portion of the Telus pension ($89,183.58) totaling $171,683.58, which is offset against the respondent's 2028 equalization payment, reducing it from $272,017.50 to $100,333.92 (interest to be recalculated accordingly). The court alternatively modifies the separation agreement under s.…

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• Separation agreement
• Non-disclosure clause
• Equalization payment
• Variation under family law act s.93
• Pension division
• Spousal support

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Edwards v. Edwards

Court

Supreme Court of British Columbia

On the interim application the court imputed $30,000 of additional employment income to Ms. Edwards effective June 1, 2025, otherwise accepted her declared guideline income for the purposes of the application; declines to impute further income based on alleged access to Merom sale proceeds or parental advances on the present record; adjourns determination of retroactive spousal support from Jan 1, 2022 to trial for full evidentiary record; awards interim spousal support effective July 1, 2025; grants divorce; parties bear their own costs.

Source excerpt

• Spousal support
• Child support
• Income imputation
• Disclosure
• Retroactive support
• Variation of consent order

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Wiggins v. Kitson

Court

Supreme Court of British Columbia

The court held the Back Road Property was excluded property and refused to divide any increase in value, finding equal division significantly unfair under the Family Law Act.

• Division of family property
• Valuation date for family property
• Excluded property and increase in value
• Unequal division under s.95 fla
• Conduct orders s.225 fla
• Certificate of pending litigation

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Q.L. v. D.L.

Court

Supreme Court of British Columbia

The court granted a divorce, fixed separation at August 20, 2020, ordered child and spousal support, divided family property, and dismissed occupational rent.

• Separation date
• Guardianship
• Parenting time and responsibilities
• Section 7 expenses
• Rsus and stock options valuation and division
• Imputation of income

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McConnell v. McConnell

Court

Supreme Court of British Columbia

The court set aside support waivers in a separation agreement after finding the claimant misled and pressured the respondent, then ordered spousal and child support.

• Separation agreement
• Setting aside agreement
• Spousal support
• Child support
• Retroactivity
• Independent legal advice

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Narejko v. Li

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to vary a chambers order, upheld special costs for abuse of process, and rejected fresh evidence, sealing, and reinstatement relief.

• Divorce
• Statutory stay
• Special costs
• Abuse of process
• Fresh evidence
• Reinstatement of appeal

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March v. Marcheterre

Court

Supreme Court of British Columbia

Costs reasons following a family trial: special costs refused, double costs ordered from April 18, 2024, and $12,500 in trust paid to the claimant.

• Divorce
• Enforceability of marriage agreement
• Unconscionability
• Forgery allegation
• Judicial reapportionment (s.65 fra)
• Special costs

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Cowie v. Duperon

Court

Supreme Court of British Columbia

Undefended family law case granting divorce, parenting orders, child support, property division, and related relief after the respondent failed to participate or disclose finances.

• Divorce
• Retroactive child support
• S.7 special expenses
• Lump sum child support
• Income imputation
• Enforcement of cohabitation/marriage agreement

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I.A.M.M. v. H.F.S.S.

Court

Supreme Court of British Columbia

On costs after a family trial, the Court found the claimant substantially successful and awarded costs at Scale B, payable monthly over 24 months.

• Divorce
• Parenting arrangements
• Travel authorization
• Income imputation
• Child support and s.7 expenses
• Spousal support

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