Canada Case Law

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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P.T. v. K.T.

Court

Supreme Court of British Columbia

The court varied support after finding the children had long lived primarily with K.T., contrary to the prior parenting assumption, and ordered updated child and spousal support.

• Variation of support order
• Material change in circumstances
• Retroactive variation
• Section 7 expenses
• Document disclosure
• Variation-of-support-order

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Strutzenberger v. Strutzenberger

Court

Court of Appeal for Ontario

Pierce J. correctly refused to disturb arrears that existed at the time of Newton J.'s 2018 order because such an attack must be pursued by appeal (per Willick); the appellant had abandoned his earlier appeal on costs so the Court of Appeal had no basis to vary that cost order; Pierce J. properly adjusted arrears arising after 2018 based on a found material change as of 2019.

Source excerpt

• Variation of support order
• Arrears
• Jurisdiction to vary costs
• Appeal versus motion to vary

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Spence v. Spence

Court

Supreme Court of British Columbia

The court varied a spousal support consent order after the respondent lost long-term employment and received severance, then imposed a stepped-down support schedule.

• Variation of support order
• Material change in circumstances
• Severance as income
• Imputation of income
• Self-sufficiency
• Fmep security release

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Marshall v. Wallat

Court

Supreme Court of British Columbia

The court provisionally cancelled child support arrears after finding a material, long-lasting change in circumstances caused by illness and unemployment. Retroactive support was refused for lack of evidence.

• Variation of support order
• Cancellation of arrears
• Retroactive child support
• Jurisdictional confirmation under s.19
• Child-support-arrears
• Retroactive-child-support

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O'Sullivan v. O'Sullivan

Court

Supreme Court of British Columbia

The court dismissed an application to vary spousal support to a lump sum and to secure support against sale proceeds, finding no material change in circumstances.

• Variation of support order
• Material change of circumstances
• Lump-sum spousal support
• Security for support/attachment of sale proceeds
• Enforcement via fmep
• Costs

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Walberg v. Walberg

Court

Supreme Court of British Columbia

The court dismissed a child-support variation application because the interjurisdictional procedure was flawed and it was unclear whether the original order was provincial or federal.

• Variation of support order
• Interjurisdictional support orders act (isoa)
• Jurisdiction
• Provisional variation orders
• Divorce act vs provincial legislation
• Child-support

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Buchanan v. Buchanan

Court

Supreme Court of British Columbia

The court granted a provisional variation of a Saskatchewan child-support order, finding no attornment to BC jurisdiction but allowing retroactive support relief.

• Variation of support order
• Provisional variation under s.18(2)
• Attornment to jurisdiction
• Retroactive child support
• Imputed income
• Family maintenance enforcement

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Homann v. Briscoe

Court

Supreme Court of Nova Scotia

The child ceased to be a dependent at the end of June 2017 because his earnings and circumstances showed he could obtain the necessaries of life; no retroactive recalculation or support prior to January 2019 is ordered; the child reacquired dependent status when he enrolled at Holland College in January 2019 and father is ordered to pay child support of $651 per month for January–May 2019 payable directly to the child, subject to credit for any payments after June 30, 2017; claims for other special expenses and retroactive adjustments are dismissed.

Source excerpt

• Dependency of child
• Variation of support order
• Special or extraordinary expenses (s.7)
• Retroactive support
• Interjurisdictional enforcement

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Kjosness v. Kjosness

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a husband’s appeal seeking retroactive spousal support variation, cancellation of arrears, and relief from enforcement orders.

• Spousal support
• Variation of support order
• Arrearages
• Security for maintenance
• Financial disclosure
• Family maintenance enforcement act

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