Canada Case Law

KS v. DS

Court

Supreme Court of Nova Scotia

The court applied the discretionary framework for costs: where success is mixed and both parties' conduct increased expense or delayed proceedings, costs must be adjusted to do justice; because property outcomes were largely adverse to DS and both parties engaged in conduct affecting costs, the court reserved final costs and ordered a conference with directed filings before making a final award.

Source excerpt

• Parenting
• Child support
• Common law property division
• Enforcement
• Variation
• Costs

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S.S. v. S.R.A.

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario quashed the appeal for repeated non-compliance with support and parenting orders, awarding $20,000 full-indemnity costs.

• Support orders
• Parenting time
• Quash appeal
• Costs - indemnity
• Vexatious litigation
• Stay of orders

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Brooks v. Griggs

Court

Supreme Court of Nova Scotia

Judge found a material change based on respondent's increased post-separation income and termination of child support; fixed incomes at $171,318 (respondent) and $14,008 (applicant); concluded applicant retained compensatory and non-compensatory entitlement; ordered prospective spousal support of $3,400/month commencing July 1, 2025 with no termination date and awarded retroactive spousal support of $44,100 (Oct 1, 2023–June 2025) payable as a lump sum of $21,435 by Sept 5, 2025 and $12,600 by monthly top-ups of $500 starting July 15, 2025.

Source excerpt

• Variation
• Retroactive support
• Entitlement
• Income imputation/determination
• Disclosure
• Enforcement

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Workers' Compensation Board v. Phatte Chuk Framing Ltd.

Court

Supreme Court of British Columbia

The court granted a statutory injunction under s. 97 of the Workers Compensation Act after repeated safety contraventions and continued non-compliance at multiple framing jobsites.

• Statutory injunction
• Workplace safety compliance
• Enforcement
• Fall protection
• Statutory-injunction
• Occupational-health-and-safety

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Aitken v. Doyle

Court

Supreme Court of British Columbia

Family law enforcement ruling applying trial-date valuation and finality principles to require rollover documents, divide a mutual fund, and award fixed costs.

• Excluded property
• Equalization payment
• Spousal rollover (s.146(16) income tax act)
• Valuation date (trial date)
• Scott schedule
• Enforcement of final orders

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Ghuman v. Ghuman

Court

Supreme Court of British Columbia

The court dismissed a preservation-order application over funds paid under a consent judgment, finding no proprietary interest or risk of dissipation. Special costs were awarded under Rule 9-1.

• Preservation order
• Consent judgment
• Enforcement
• Stay of execution
• Rectification
• Fraud/misrepresentation allegation

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Giles v. Giles

Court

Supreme Court of Nova Scotia

The Separation Agreement satisfied statutory formalities and represented the autonomous bargain of the parties; no evidence established the applicant was vulnerable or that the respondent exploited any vulnerability, lack of independent legal advice did not render the agreement unenforceable because the applicant knowingly proceeded and misrepresented receiving advice, the spousal support waiver did not significantly depart from Divorce Act objectives or reflect unanticipated circumstances, the oral offset agreement regarding joint credit card charges was admissible as part of the parties' en…

Source excerpt

• Separation agreement
• Spousal support
• Equalization payment
• Independent legal advice
• Disclosure
• Unconscionability

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Munroe-Unsworth v. Unsworth

Court

Supreme Court of Nova Scotia

On a 15-year relationship with largely traditional roles, the respondent established compensatory and non-compensatory entitlement to spousal support; her income was imputed to $36,000 due to available work history, producing significant disparity with the petitioner. Considering the parties' means, needs, the priority of children's needs, and SSAG ranges, periodic spousal support of $500/month (from April 1, 2025) and a retroactive lump sum of $9,800 from December 2022 were appropriate. Matrimonial assets were divided equally per the court's Schedule A; pension division was deferred until re…

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• Section 7 expenses
• Equalization payment
• Pension division
• Imputed income
• Retroactive spousal support
• Enforcement

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B.F.W. v. F.P.

Court

Supreme Court of British Columbia

The Court fined the father $10,000 for 20 distinct breaches of conduct orders, reopened the summary trial in a limited way, and declined interim transfer of vehicle ownership.

• Communication restrictions
• Conduct orders (s.225 fla)
• Fines and enforcement (s.228 fla)
• Re-opening of trial
• Interim property relief
• Insurance renewal

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Fillion v. Fillion

Court

Supreme Court of British Columbia

The court enforced a consent order requiring the claimant to reimburse the respondent for paying out the GMC loan, but declined to impose a fine or special costs.

• Enforcement of consent order
• Allocation and indemnity for family debt
• Costs and special costs
• Fines for non‑compliance
• Family-law
• Consent-orders

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