Canada Case Law

Kohut v. Yagelniski

Court

Supreme Court of British Columbia

The appeal is dismissed: the arbitrator acted within the scope of the parties' agreed last best offer process and did not exceed authority; because parties agreed no reasons would be provided and limited the arbitrator to selecting one complete offer, the court cannot infer or substitute findings to establish substantive legal error; DYD was a party to the arbitration; spreadsheets submitted did not introduce new evidence or cause material unfairness; clauses precluding child support review are unenforceable but severable and do not invalidate the award; costs awarded to respondent.

Source excerpt

• Last best offer arbitration
• Family relations act reapportionment
• Family law act arbitration review
• Child support variation
• Spousal support entitlement
• Procedural fairness/natural justice

Read case analysis

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

Read case analysis

Finkelstein v. Finkelstein

Court

Supreme Court of British Columbia

Summary trial decision in a family dispute: spousal support was left for trial, while property division and sale of the family home were determined.

• Division of family property
• Sale of matrimonial/home
• Conduct of sale (joint vs sole)
• Right of first refusal
• Spousal support entitlement
• Summary trial suitability

Read case analysis

MacDonald v. More

Court

Supreme Court of Nova Scotia

Court found proven family violence by Mr. MacDonald, held relocation to Victoria with primary residence to remain with Ms. More is in the child's best interests, ordered supervised parenting pending completion of specified therapeutic counselling objectives, ordered equal division of matrimonial property with an equalization payment by Mr. MacDonald of $192,086 by August 15, 2025, imputed Mr. MacDonald's income earning capacity at $90,000 for support purposes, ordered child support of $773 per month effective July 1, 2025, required life insurance beneficiary designation for the child and cont…

Source excerpt

• Relocation framework
• Best interests of the child
• Supervised access
• Income imputation
• Equalization of matrimonial property
• Child support calculation and retroactivity

Read case analysis

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

Read case analysis

Lehenbauer v. Kristinson

Court

Supreme Court of British Columbia

The court dismissed retroactive spousal support claims, found ongoing non-compensatory entitlement, set guideline incomes, and ordered transitional support at the SSAG low end.

• Spousal support entitlement
• Retroactive support and adjustment
• Spousal support advisory guidelines (ssag)
• Guideline income determination
• Imputation of income
• Disclosure obligations

Read case analysis

Kaur v. Jammu

Court

Supreme Court of British Columbia

The court found a resulting trust in favour of the respondents over two properties, but awarded Harvir Kaur $21,000 for a 9% Surrey Condo interest and granted the divorce.

• Resulting trust
• Family property (s.81 fla)
• Equalization payment
• Spousal support entitlement
• Divorce
• Adverse inference from non-production of documents

Read case analysis

O.M. v. V.G.

Court

Supreme Court of British Columbia

The court found the parties separated on June 28, 2019 and held the Duncan Home was family property, with a credit to V.G. for post-separation contributions.

• Date of separation
• Family property
• Unequal division of property
• Beneficial ownership
• Imputation of income
• Spousal support entitlement

Read case analysis

S.M. v. Y.M.

Court

Supreme Court of Nova Scotia

Severance granted: court exercised discretion under Rule 59.48 and CJPTA s.12 to allow divorce to be severed from corollary relief so Indian proceedings may determine assets and dowry in India; date of separation found to be August 9, 2022; child to remain in primary care and residence of the mother (Respondent) who is granted sole decision-making responsibility; father awarded specified parenting time (every second weekend with holiday schedule) with supervised exchanges to continue; international travel prohibited without both parents' written consent (reviewable in two years); matrimonial…

Source excerpt

• Severance of divorce from corollary relief
• Date of separation
• Parenting arrangements
• Decision-making authority
• International travel prohibition
• Division of matrimonial assets

Read case analysis

A.M.K. v. M.D.K.

Court

Supreme Court of British Columbia

Family trial on child and spousal support, income imputation, Air Miles access, and life insurance. The court set a staged support schedule and allowed the respondent to remove the claimant as beneficiary.

• Spousal support entitlement
• Income imputation
• Shared parenting child support
• Life insurance beneficiary designation
• Loyalty program allocation
• Spousal-support

Read case analysis