Canada Case Law

Ferguson v. MacDougall

Court

Supreme Court of Nova Scotia

Material change found: JNM's expressed wishes and increased time with father justified changing primary care to Respondent; approximately 34% of Applicant's 60% share of Arbour Dental Inc.'s pre‑tax net income (additional $30,435) was properly attributed to Applicant because business growth lacked convincing evidence that funds were required for legitimate retained business needs; retroactive support limited to effective notice date April 1, 2024 through December 1, 2024 (9 months) at set‑off table amount $705/month (total $6,345) payable by Respondent within 90 days; no variation of special…

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• Variation of parenting order
• Best interests of the child
• Attribution of corporate income
• Retroactive child support
• Extraordinary/special expenses
• Voice of the child

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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…

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• Shared parenting
• Joint family venture
• Retroactive child support
• Imputation of income
• Set-off calculation
• Maintenance enforcement

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AL v. MW

Court

Supreme Court of Nova Scotia

On balance of probabilities the court found AL credible and MW's allegations of sexual abuse and coercive control unproven; the child's best interests support shared parenting under AL's proposed eight‑day rotation with specific modifications; prospective child support set by shared‑custody set‑off to $475/month from April 1, 2026 and prospective s.7 expenses apportioned 63% AL/37% MW; retroactive table child support for Sep 2021–Aug 2022 was declined due to demonstrated burdens AL incurred to exercise parenting time, but AL was ordered to pay $31,536 by periodic payments of $350/month in add…

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• Parenting arrangements
• Best interests of the child
• Retroactive child support
• Section 7 special expenses
• Coercive control
• Alleged sexual assault

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Den Duyf v. Den Duyf

Court

Supreme Court of British Columbia

The court declined to grant retroactive child support or otherwise reopen its final reasons, holding that its earlier order is final and any lacuna in those reasons is for the Court of Appeal to address; the application to vary the parenting schedule was dismissed because the court found the harm from significant parental conflict outweighed the harm from longer intervals between parental time and the change sought was not sufficiently shown to be in the child's best interests.

Source excerpt

• Parenting time variation
• Retroactive child support
• Finality of judgments
• Jurisdiction to reopen orders

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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…

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• Parenting time
• Parental responsibilities
• Supervised parenting
• Drug testing
• Imputation of income
• Retroactive child support

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NDH v. HNKB

Court

Yukon Court of Appeal

The Yukon Court of Appeal dismissed an appeal from a retroactive child support order, upholding the chambers judge’s departure from the presumptive notice date.

• Retroactive child support
• Date of retroactivity
• Disclosure of income
• Guidelines income calculation
• Blameworthy conduct
• Trust for child

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M.B. v. K.V.

Court

Supreme Court of British Columbia

Permission to relocate was refused because, after applying the statutory best-interests factors, the court concluded that risks from loss of Canadian government benefits and medical coverage, limited durable family support in South Africa, and likely permanent damage to the father-child relationship outweighed factors favouring relocation (mother's need and child's expressed preference); however, there was a sufficient change in circumstances to vary child support and ancillary provisions related to dividend distribution, tax transparency, special expenses and property sale, with incomes fixe…

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• Best interests of the child
• Relocation under the divorce act
• Change in circumstances
• Special (s.7) expenses
• Dividend income characterization
• Retroactive child support

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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…

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• 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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MacKay v. MacKay

Court

British Columbia Court of Appeal

Although the appellant succeeded on individual points (reduced the retroactivity period to March 13, 2023; ordered 50% of Jetta fuel costs added to Guidelines income; limited her liability for parenting coordinator retainer to $5,000 on behalf of both parties), her overall success on the appeal was limited and divided; therefore, under s.44 and established jurisprudence on substantial success, each party must bear their own costs.

Source excerpt

• Retroactive child support
• Federal child support guidelines
• Guidelines income (add-backs)
• Parenting coordinator costs
• Entitlement to costs and substantial success

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Major v. Shupe

Court

Supreme Court of Nova Scotia

Court may incorporate the Parenting and Support Act on its own motion in the interests of justice; Applicant failed to prove a 40% shared parenting regime so Contino s.9 adjustments are not warranted; CERB and the 2022 RRSP withdrawal are included in income for guideline calculations absent satisfactory justification to exclude; arrears recalculated on actual income and fixed at $108,961.76 to February 28, 2026 and are enforceable with limited repayment terms and mandatory disclosure going forward.

Source excerpt

• Shared parenting
• Retroactive child support
• Section 7 expenses
• Arrears calculation and enforcement
• Income inclusion (cerb, rrsp, wcb gross-up)
• Variation of support

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