Canada Case Law

Morellato v. Morellato

Court

Supreme Court of British Columbia

Applicant established a material change in circumstances (illness and reduced ability to work leading to sale of business); spousal support should not be terminated but reduced to the mid‑SSAG range and fixed for a term. Court set imputed incomes at $97,000 (applicant) and $50,000 (respondent), fixed duration 15 years from separation ending May 2029, calculated periodic support at $1,234/month and ordered the remaining support for the fixed term paid as a lump sum of $46,892 payable within one month.

Source excerpt

• Variation
• Material change in circumstances
• Spousal support advisory guidelines
• Lump sum spousal support
• Compensatory support
• Non-compensatory support

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Krueger v. Evans

Court

Supreme Court of British Columbia

In this family law trial, the court granted a divorce, denied ongoing spousal support, accepted equal division of limited property and debt, and assigned no market value to the parties’ corporations.

• Spousal support entitlement
• Compensatory support
• Non-compensatory support
• Income imputation
• Division of family property
• Unequal division under fla s.95

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Howell v. Howell

Court

Supreme Court of British Columbia

The court terminated ongoing spousal support after finding the claimant’s re-partnering justified progressive reduction and that excess payments covered the remaining entitlement.

• Spousal support review
• Re‑partnering
• Merger over time
• Compensatory support
• Non‑compensatory support
• Quantum and duration

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Raschpichler v. Raschpichler

Court

British Columbia Court of Appeal

Appeal dismissed. The Court upheld indefinite spousal support of $1,500 a month, finding retirement was a material change but did not end the respondent’s ongoing entitlement.

• Spousal support variation/termination
• Material change in circumstances
• Compensatory support
• Non-compensatory support
• Financial disclosure
• Pension double dipping

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Sheila Rhyno v. Burton Rhyno

Court

Supreme Court of Nova Scotia

The court granted the divorce, rejected the claim for unequal division under MPA s.13 because the applicant failed to prove equal division would be unfair or unconscionable, directed equal division of identified matrimonial assets (with specified valuations and an equalization payment of $25,021.26 from petitioner to respondent), ordered sale of the matrimonial home with specified listing and vacancy directions and adjustments to net proceeds, awarded the petitioner indefinite compensatory and non-compensatory spousal support at $892/month effective November 1, 2023, and ordered historic lump…

Source excerpt

• Spousal support
• Compensatory support
• Non-compensatory support
• Unequal division of matrimonial property
• Asset valuation
• Sale of matrimonial home

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Gates v. Gates

Court

Supreme Court of Nova Scotia

Court declined to impute income to the petitioner for Aug 2021–Aug 2022 because imputation would be unfair given her limited recent work history, short unemployment period, and partial return to work; court found respondent had under‑reported cash income and, after assessing tax returns, business expenses, earning capacity and reasonable hours, imputed respondent income at $100,000 for 2021 and $110,000 for 2022; applying SSAG guidance and Divorce Act factors the court awarded retroactive spousal support for Aug 2021–June 1, 2023 in phased monthly amounts and ordered ongoing support of $2,500…

Source excerpt

• Imputation of income
• Retroactive spousal support
• Ssag application
• Compensatory support
• Non-compensatory support
• Grossing-up undeclared income

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Stevens v. Stevens

Court

Supreme Court of British Columbia

In this reopened family trial, the court found the claimant entitled to spousal support on compensatory and non-compensatory grounds and set monthly amounts for past and future periods.

• Compensatory support
• Non-compensatory support
• Income determination and imputation
• Spousal support advisory guidelines
• Reopened trial
• Spousal-support

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Chilton v. McDowell

Court

Supreme Court of British Columbia

The court held that non-compensatory spousal support would continue at $1,380 per month until September 2022 and terminate in October 2022.

• Spousal support
• Non-compensatory support
• Variation and termination
• Change in circumstances
• Effect of inheritance on support
• Spousal-support

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Russell v. Clayton

Court

Supreme Court of Nova Scotia

Applicant proved entitlement on compensatory and non-compensatory grounds because relocation and joint decisions prioritized respondent's career, materially reducing applicant's education and employment prospects (including immigration-related barriers); respondent has ability to pay and applicant has need; appropriate remedy is time-limited spousal support: $8,000 lump sum for the retroactive period and $700 per month from January 1, 2020 through May 1, 2022, with MEP and tax exchange provisions; lump sum reduced to address tax consequences.

Source excerpt

• Entitlement to support
• Compensatory support
• Non-compensatory support
• Quantum and duration
• Retroactive support

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Charan v. Charan

Court

Supreme Court of British Columbia

The court found the parties were validly married in India on March 29, 2012, separated on January 4, 2015, and declined child support, with only nominal spousal support extinguished by set-off.

• Date of marriage
• Date of separation
• Sponsorship undertaking
• In loco parentis
• Spousal support entitlement
• Compensatory support

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