Canada Case Law

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…

Source excerpt

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

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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…

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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L.J.W. v. R.A.O.

Court

Supreme Court of British Columbia

The court authorized the claimant to relocate with the child to New Jersey, adjusted parenting time and support, declined to treat Hawaii property as family property, and granted divorce.

• Relocation under divorce act s.16.92
• Best interests of the child
• Imputation of income
• Compensatory spousal support
• Section 7 special expenses
• Family violence

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L.A.B. v. M.L.B.

Court

Supreme Court of British Columbia

The court set aside non-variation clauses in a child support consent order, limited retroactivity to June 2020, adjusted support for an adult child, and ordered interest only from certification.

• Consent variation orders
• Non-variation clauses
• Retroactive child support
• Imputation of income
• Section 7 special expenses
• Adult child support

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Charapovich v. Charapovich

Court

Supreme Court of Nova Scotia

On the totality of the evidence and the best interests of the children the court awarded primary care and sole decision-making authority to Hanna; found no parental alienation by the mother; found the father’s declared incomes were not reflective of his resources and imputed annual income of $125,000 to him under s.19 of the Guidelines; ordered prospective guideline child support of $1,709/month commencing October 1, 2025 and allocated section 7 expenses 64% father/36% mother; concluded applicant is entitled to spousal support in principle but declined to order payment given her achieved self…

Source excerpt

• Parenting arrangements
• Decision-making authority
• Imputation of income under guidelines
• Prospective child support
• Section 7 special expenses
• Voice of the child report

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I.A.M.M. v. H.F.S.S.

Court

Supreme Court of British Columbia

Divorce, parenting, support, and property orders were made in a family trial involving a primary caregiving mother, an unemployed software engineer father, and the child’s best interests.

• Imputation of income
• Parenting orders and best interests of the child
• Section 7 special expenses
• Retroactive and prospective spousal support
• Child support calculation and enforcement
• Division of family property

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Follack v. Follack

Court

Supreme Court of British Columbia

The court imputed the respondent’s income at $271,300, ordered ongoing and arrears child support, allocated special expenses 85/15, and awarded spousal support.

• Interim child support
• Income imputation
• Section 7 special expenses
• Spousal support advisory guidelines
• Parenting time and primary caregiver
• Arrears calculation

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

Court

Supreme Court of British Columbia

Family law summary trial on parenting, property, support and divorce between separated spouses with two children. The court ordered supervised parenting time, unequal property division, child and spousal support, and divorce.

• Parental responsibilities
• Parenting time and supervision
• Travel with children
• Division of family residence
• Equalization of family property
• Retroactive child support

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H.H. v. D.H.

Court

Supreme Court of British Columbia

The court awarded the wife 75% of family property, imputed the husband’s income at $40,000, denied spousal support, ordered child support, and granted divorce.

• Excluded property under family law act
• Imputed income
• Unequal division of family property (s.95)
• Division of cpp pensionable earnings
• Section 7 special expenses
• Spousal support entitlement and need

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Spotzl v. De Spotzl

Court

Supreme Court of British Columbia

Interim family-law application on child support, spousal support, s. 7 expenses, and step-parent support, with income imputation and retroactive support left for trial.

• Imputation of income
• Interim child support
• Interim spousal support
• Step-parent declaration
• Section 7 special expenses
• Jurisdiction of associate judge

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