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Family law 2026 BCCA 201

Faria v. Ramos

Court
British Columbia Court of Appeal

Leave to appeal was refused because the interests of justice did not favour granting leave: the order was an interim, highly discretionary 'rough justice' decision based on incomplete and contested disclosure, the proposed grounds were fact-specific and not sufficiently exceptional to justify appellate interference, and granting leave would unduly hinder progress of the underlying action.

Source excerpt

  • Imputation of income
  • Leave to appeal interim family orders
  • Primary caregiver determination
  • Interim child and spousal support
  • Closely held corporation income
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Family law 2026 NSSC 147

Hill v. Richards

Court
Supreme Court of Nova Scotia

The court retained a shared parenting regime because it is in the child's best interests given comparative evidence; imputed incomes ($25,000 for Mr. Hill from 2024, lower amounts earlier; specified incomes for Ms. Richards) justified a set-off calculation leading to prospective monthly set-off child support of $433 payable by Ms. Richards; retroactive child support was awarded based on set-off calculations and credits totaling $23,562 payable by June 15, 2026; limited spousal support $200/month for 24 months awarded to Mr. Hill based on relationship interdependence, his compromised earning c…

Source excerpt

  • Shared parenting
  • Joint family venture
  • Retroactive child support
  • Imputation of income
  • Set-off calculation
  • Maintenance enforcement
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Family law 2026 NSSC 134

AD v. ZS

Court
Supreme Court of Nova Scotia

Divorce granted. Shared parenting was denied due to ZS's minimal and inconsistent involvement; the court ordered supervised reintroduction via a Veith House program with a phased schedule and retained AD as primary caregiver. On child support the court found ZS intentionally under-employed and that his tax filings underreported income; arrears were calculated and set, ZS was credited $2,750 from sale proceeds, and ongoing support was set based on imputed income of $70,450 at $593.87/month from Jan 1, 2026 with s.7 expenses to be shared proportionally. On property, exceptional circumstances (c…

Source excerpt

  • Parenting arrangement
  • Imputation of income
  • Section 7 expenses
  • Unequal division of matrimonial property
  • Supervised access (veith house)
  • Third party information order
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Family law 2026 BCSC 763

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
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Family law 2026 BCCA 195

Young v. Young

Court
British Columbia Court of Appeal

Where the judge found the payor intentionally underemployed by relocating to Ecuador and restricting his earnings, it was proper to impute income based on what he could reasonably earn in Canada (assessed between $60,000–$80,000) and to impute $70,000; fresh evidence was excluded because it could have been obtained with due diligence and would not have altered the result.

Source excerpt

  • Imputation of income
  • Underemployment
  • Variation of support order
  • Fresh evidence on appeal
  • Procedural fairness
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Family law 2026 BCSC 694

H.H.L. v. A.C.S.

Court
Supreme Court of British Columbia

On the limited interim record and taking a cautious approach, the court imputed income of $80,000 to the claimant and $20,000 to the respondent because of inadequate disclosure, questionable corporate expense deductions and respondent's current unemployment; a straight set‑off child support calculation produced a net payment of $633/month by the claimant; respondent established a prima facie entitlement to interim compensatory/needs spousal support given loss of her share and income disparity, and interim spousal support was set at the Spousal Support Advisory Guidelines mid range of $836/mon…

Source excerpt

  • Guidelines income
  • Section 7 expenses
  • Imputation of income
  • Spousal support entitlement
  • Occupancy rent
  • Interim orders
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Family law 2026 BCSC 675

C.L.R. v. M.A.R.

Court
Supreme Court of British Columbia

Given the respondent's continuing active addiction, limited engagement in treatment, and unstable parenting history, the court awarded all parental responsibilities to the claimant and ordered supervised parenting time with testing and progressive increase; the respondent's income was imputed at minimum wage ($37,128) because he is intentionally unemployed and capable of working, resulting in child support of $561 per month commencing May 1, 2026 and retroactive child support of $9,537 from December 1, 2024; dividends received by respondent were family property and net proceeds and specified…

Source excerpt

  • Parenting time
  • Parental responsibilities
  • Supervised parenting
  • Drug testing
  • Imputation of income
  • Retroactive child support
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Family law 2026 BCSC 669

C.L.V. v. S.R.P.V.

Court
Supreme Court of British Columbia

Interim parenting orders were made recognizing P. as primarily resident with the claimant but awarding the respondent regular parenting time (Mondays after school to 8:00 p.m. and additional time as P. requests), with the parenting schedule reviewable after family counselling; no declaration of wrongful denial of parenting time was granted; the claimant ordered to attend an intake with Crossroads and the parties ordered to jointly obtain a written counselling plan and share preparatory costs equally with each bearing their own counselling session costs as directed; respondent's income was imp…

Source excerpt

  • Best interests of the child
  • Parenting time
  • Imputation of income
  • Retroactive child support
  • Section 7 special expenses
  • Views of the child report
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Family law 2026 BCSC 537

Hardy v. English

Court
Supreme Court of British Columbia

The respondent is not entitled to double costs because the Offer lacked the mandatory R.11-1(1)(c)(iii) wording and was sent to an unrepresented party and treated as withdrawn, preventing reliance on R.11-1; the claimant's delayed financial disclosure, without more, does not meet the high threshold for special/elevated costs; awarding a $1,000 fine for non-disclosure and Appendix B costs for the Application is proportionate and avoids double punishment.

Source excerpt

  • Interim application
  • Imputation of income
  • Offers to settle
  • Double costs
  • Special costs
  • Disclosure
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Family law 2026 BCSC 471

A.M. v. I.V.

Court
Supreme Court of British Columbia

The court concluded that the fairest determination was to include the Claimant Corporation's pre-tax income (with quantified add-backs for personal expenses) in the claimant's income and to average the relevant years under s.17 given fluctuation; it rejected imputation of additional income for 2023-24 due to demonstrated downturn, accepted specified add-backs to corporate income, determined the parties' Guidelines incomes (claimant $67,306 for each year; respondent $54,887 for 2023 and $80,801 for 2024), retroactively varied the Consent Order to reflect adjusted set-offs for child support, an…

Source excerpt

  • Section 7 expenses
  • Imputation of income
  • Schedule iii adjustments
  • Section 18 corporate income
  • Shared parenting
  • Retroactive variation
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.