Canada Case Law

FF v Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The Tribunal found no evidence that the appellant contributed to the Cypriot social insurance system and accepted his unchallenged testimony and knowledge of Cypriot social security practice; therefore the missionary period in Cyprus counted as Canadian residence, entitling the appellant to an increased OAS pension retroactive to December 2011, and the late reconsideration was appropriately treated as allowed by the Minister.

Source excerpt

• Residence for oas
• Missionary service
• Reconsideration deadline
• Double dipping
• Foreign social insurance contributions

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Baryla v. Baryla

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal in part, ordered a new trial, and held the trial judge had not properly addressed excluded property, tax consequences, or double dipping in spousal support.

• Excluded property
• Right of survivorship
• Inter vivos gift
• Compensation payment
• Distributive taxes
• Double dipping

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Kormendy v. Kormendy

Court

Supreme Court of British Columbia

The court dismissed the respondent’s application to reduce or end spousal support, found no material change in circumstances, and ordered costs to the claimant.

• Variation of support
• Material change of circumstances
• Double dipping
• Income imputation
• Retirement
• Costs

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B. L. and Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

The Tribunal found that the appellant accepted a written job offer in late June 2015 and also worked on June 25–26, 2015; combined with retained seniority and the employer’s recall practices, these facts establish continuity of employment and no veritable break under s.33(2)(a). The appellant was therefore disentitled to EI benefits for the non-teaching period beginning June 19, 2015 pursuant to s.33 of the Regulations.

Source excerpt

• Employment insurance
• Non-teaching period disentitlement
• Teachers' eligibility under s.33 of the employment insurance regulations
• Continuity of employment
• Double dipping

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Hathaway v. Hathaway

Court

Supreme Court of British Columbia

The court varied child and spousal support after finding a material change in circumstances, reducing the respondent’s imputed income and allowing retroactive adjustment.

• Material change of circumstances
• Imputation of income
• Federal child support guidelines
• Spousal support advisory guidelines
• Double dipping
• Review of support

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MacNeil v. MacNeil

Court

Supreme Court of Nova Scotia

Section 17 was triggered when applicant could not obtain coverage under respondent's health plan and respondent's income increased; on merits the court awarded non-terminal spousal support of $680 per month inclusive of a health plan (commencing January 2013), imputed applicant income remained $20,000, rejected respondent's request to pay plan administrator, ordered retroactive pension adjustment of $4,168 and lump sum for past health expenses of $714.48 to be paid in 30 days, and directed maintenance collection through the Maintenance Enforcement Program.

Source excerpt

• Spousal support variation under s.17 divorce act
• Retroactive spousal support
• Health benefit entitlement
• Imputed income
• Double dipping
• Non-terminal spousal support

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DeWolfe v. McMillan

Court

Supreme Court of Nova Scotia

The court held the Respondent's 2009 severance benefit should be excluded from his annual income for child support purposes under s.17 of the Federal Child Support Guidelines because the amount was a non-recurring, matrimonial asset that had been divided under the parties' agreement and was rolled into RRSPs; including it would be unfair in the circumstances and s.16 income calculation was not the fairest method.

Source excerpt

• Severance pay inclusion in income
• Non-recurring income under guidelines
• Double dipping
• Section 16 and 17 of federal child support guidelines
• Rrsp treatment

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A.R.J. v. Z.S.J.

Court

Supreme Court of British Columbia

Interim family-law reasons addressing support, the court imputed a $700,000 annual income from a personal services corporation and ordered child and spousal support.

• Imputation of corporate income
• Onus of proof for retained corporate earnings
• Double dipping
• Retroactivity of interim support
• Parenting regime impact on support calculations
• Child-support

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Thompson v. Thompson

Court

Supreme Court of British Columbia

The court varied spousal support after the payor retired and sold his business, reducing payments to $1 per month retroactive to January 1, 2005.

• Variation of spousal support
• Encroachment on capital
• Double dipping
• Material change in circumstances
• Valuation of assets
• Variation-of-spousal-support

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Marinangeli v. Marinangeli

Court

Court of Appeal for Ontario

The Court of Appeal held the trial judge did not commit palpable and overriding error; the appellant's realized option gains and subsequent salary/bonus increase constituted income and material changes under the Minutes; given the appellant's representations and timing the trial judge could imply a duty to disclose and properly exercise discretion to order retroactive support; however the Guideline table amounts could not be applied for the portion of 1997 prior to the Guidelines coming into force and the award for that period was reduced to the pro rata Guideline amount ($69,740).

Source excerpt

• Spousal support
• Child support
• Retroactive support
• Separation agreement
• Material change of circumstances
• Disclosure obligation

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