Canada Case Law

I.C. v. M.C.

Court

Supreme Court of Nova Scotia

Because the father failed to provide ordered financial disclosure, has relevant qualifications and assets and provided no evidence of inability to earn, the court imputed annual income at the three‑year average $77,981.33; applying the Guidelines the father must pay child support $1,182/month and, on compensatory and non‑compensatory grounds, spousal support $357/month for four years, with parenting and enforcement provisions consolidated into the order.

Source excerpt

• Imputation of income
• Application of federal child support guidelines
• Spousal support entitlement (compensatory and non-compensatory)
• Enforcement of support orders
• Supervised parenting time

Read case analysis

Caillier v. Viray

Court

Supreme Court of British Columbia

The court varied child support retroactively in part after finding a material income decrease, but largely preserved arrears and denied most additional relief.

• Retroactive decrease of child support
• Variation of child support
• Arrears and rescission
• Application of federal child support guidelines
• Disclosure obligations s.25
• Default fees and interest reduction

Read case analysis

Robertson v. Robertson

Court

Supreme Court of British Columbia

The court reviewed child and spousal support, declining to impute income beyond $27,000 to Ms. Robertson and setting spousal support at $1,050 monthly until October 31, 2020.

• Imputation of income
• Review of support under separation agreement
• Termination of spousal support
• Application of federal child support guidelines
• Spousal support advisory guidelines
• Imputed-income

Read case analysis

Babuick v. Babuick

Court

Supreme Court of British Columbia

The court awarded retroactive and ongoing child support, rejecting undue hardship and setting support based on imputed 2020 income of $70,000.

• Retroactive child support
• Undue hardship under guidelines s.10
• Imputed income
• Occupational rent/offset
• Application of federal child support guidelines
• Retroactive-child-support

Read case analysis

Smith v. Smith

Court

Supreme Court of Nova Scotia

The court used current earnings evidence (paystub extrapolated) and found Mr. Smith unreasonably deducted business expenses such that income was imputed to $68,010 under clause 19(1)(g); accordingly monthly child support was set at $943 under clause 3(1)(a) and proportionate sharing applied to childcare under s.7 resulting in Mr. Smith paying 75% ($365.94) of monthly childcare; payments were made effective October 1, 2013 with suspension of amounts from Oct 1, 2013 to Jan 31, 2014 to be addressed at trial.

Source excerpt

• Application of federal child support guidelines
• Imputation of income under guidelines clause 19(1)(g)
• Section 7 childcare expense sharing
• Interim relief under divorce act s.15.1(2)
• Deviation from proportionate sharing

Read case analysis

Eyking v. Eyking

Court

Supreme Court of Nova Scotia

Court imputed respondent's income at $309,726 for 2010 onward under s.19 of the Guidelines; applied table amounts for minors and adjusted amounts for university attendance; awarded retroactive child support (April 1, 2006–Nov 30, 2012) reduced by credits and specific reductions resulting in $224,500 owing; ordered ongoing child support $500/month per child while at university and $1,000/month when residing with petitioner; held shareholder loans were matrimonial assets subject to equal division as of Dec 31, 2005 and declined any division of corporate equity under s.13 or s.18; awarded spousa…

Source excerpt

• Imputation of income
• Retroactive support
• Classification of shareholder loans
• Division of matrimonial assets
• Matrimonial property act s.13 and s.18
• Application of federal child support guidelines

Read case analysis

J.M.H. v. T.J.A.

Court

Supreme Court of Nova Scotia

A material change in circumstances since 2005 was established (parental conflict, step‑parent involvement, child welfare investigations, and wishes reports) but the evidence did not establish abuse sufficient to justify awarding sole custody to either parent; maintaining joint custody with shared weekly parenting was held to be in the children's best interests; child support was ordered under the Guidelines based on found incomes.

Source excerpt

• Variation of custody order
• Shared parenting
• Wishes of the child
• Application of federal child support guidelines
• Material change of circumstances
• Weight of children's views

Read case analysis

Gluska v. Gluska

Court

Supreme Court of British Columbia

The court cancelled child-support arrears owed before September 1, 2004, but otherwise upheld and recalculated arrears, ordered ongoing support, and set monthly repayment of arrears.

• Variation of support orders
• Arrears cancellation
• Set-off and offsets
• Application of federal child support guidelines
• Enforcement by family maintenance enforcement program
• Interest on arrears

Read case analysis

Hamilton v. Hamilton

Court

Supreme Court of Nova Scotia

Court fixed Mr. Hamilton's annual income for support at $111,061 by starting with tax return sources, converting taxable dividends to actual and recognizing tax treatment and biennial fluctuations (using a four‑year average of taxable dividends from the controlled company), deducting $15,000 from the shareholder's loan as non‑familial under‑the‑table payments, rejecting respondent's lower dividend estimate as unsupported, awarding spousal support of $1,200/month on an indefinite basis, ordering designation of life insurance totaling $250,000 payable to the wife to secure child and spousal sup…

Source excerpt

• Income determination for support
• Shareholder's loan and dividends
• Imputation of income
• Application of federal child support guidelines
• Security for support by life insurance
• Quantum and duration of spousal support

Read case analysis

E.A.L. v. H.M.G.

Court

Supreme Court of British Columbia

Post-trial family law applications: support was varied retroactive to September 1, 2008, mobility to Prince Edward Island was allowed, and the contempt application was dismissed.

• Variation of support orders
• Arrears
• Contempt standards
• Child mobility
• Guardianship and joint guardianship
• Disclosure obligations

Read case analysis