Canada Case Law

Amamio v. Fraser

Court

Supreme Court of Nova Scotia

Applying s.18(6) and s.18H(4) of the PSA with the burden on each parent because of substantially equal shared parenting, the court found both parents capable but concluded the mother’s plan better served the child’s stability (employment stability, existing family doctor, schooling in Dartmouth), that relocation to primary care with mother on Sept 1, 2026 best met the child’s interests, and imposed a detailed parenting time regimen for the non-residential parent plus guideline child support of $842/month from that date.

Source excerpt

• Best interests of the child
• Relocation under psa
• Shared parenting burden
• Parenting schedule
• Child support calculation
• Decision-making authority

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Kennedy v. Kennedy

Court

Supreme Court of British Columbia

The court struck conspiracy allegations about child and spousal support, but allowed the property-division conspiracy claim to proceed under the Family Law Act.

• Conspiracy tort
• Child support calculation
• Spousal support
• Property division
• Strike pleadings
• Amendment of pleadings

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Feser v. Candelora

Court

Supreme Court of Nova Scotia

Divorce granted; the interim imputation of income at $224,000 will be maintained only for the period August 1, 2019 to January 1, 2020; for 2020 and 2021 the Court uses Feser’s reported tax incomes ($34,125 and $24,200 respectively) for table child support; for 2022, 2023 and 2024 the Court imputes annual income of $36,000 based on findings that his reported earnings in those years were unreasonably low; retroactive child support claim prior to August 1, 2019 is dismissed; overpayments will be credited against ongoing support; annual income disclosure required by June 1 each year.

Source excerpt

• Imputation of income
• Child support calculation
• Retroactive support
• Effect of bankruptcy on support obligations
• Interim versus final orders
• Credibility assessment

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Steiger v. Wareham

Court

Nova Scotia Court of Appeal

The appeal was dismissed because the trial judge's determinations to order supervised parenting time and to impute income at $74,319 were thoroughly reasoned, well anchored in the evidentiary record, and contained no errors of law or fact; therefore the appellate court must defer to those findings.

Source excerpt

• Supervised parenting time
• Imputed income
• Child support calculation
• Standard of review
• Costs

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T.O. Estate v. D.O.

Court

Court of Appeal for Ontario

The trial judge erred by applying the wrong Limitation Act analysis; the 2013 advances were demand loans (or in law treated as repayable on demand) so the limitation period began on demand and the demands were within two years of the Amended Application, therefore the claim against Ridgeway for $341,000 was not statute barred; additionally, there was no basis to find the wife personally liable for the 2012 advance made by the husband's corporation and the child support calculation required correction.

Source excerpt

• Demand loans
• Limitations act s.5(3)
• Statute-barred claims
• Acknowledgment of debt s.13 limitations act
• Assignment of debt
• Shareholder/corporate liability

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Rai v. Athwal

Court

Supreme Court of British Columbia

Family-law trial addressing child support, spousal support, property division, excluded-property tracing, occupation rent, and pension buy-back issues.

• Imputation of income
• Child support calculation
• Spousal support entitlement and quantum
• Retroactive support
• Capital cost allowance (cca) treatment
• Pension buy‑back

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Lussier v. Ritchie

Court

Supreme Court of British Columbia

The court found the parties’ relationship was continuous from March 2004 to May 23, 2020, ordered pension and CPP division, set child support, and awarded spousal support.

• Separation and reconciliation
• Division of employment pension
• Cpp equalization
• Deductibility of mandatory pension contributions
• Imputation of income
• Spousal support quantum and duration

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Jones v. Jones

Court

Supreme Court of British Columbia

The court found the family law matter suitable for summary trial, refused to reopen evidence, valued the business at $67,000, recalculated support, and granted divorce.

• Summary trial suitability
• Division of family assets
• Business valuation
• Imputation of income
• Adequacy of disclosure
• Reopening evidence

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Douville v. Douville

Court

Supreme Court of British Columbia

The court held the parties reached an enforceable July 2022 child support agreement and that the respondent had met his 2020-2021 support obligations.

• Child support calculation
• Enforceability of settlement agreement
• Federal child support guidelines
• Schedule 3 adjustments
• Section 4 of the guidelines
• Costs

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Grenier v. Carrat

Court

Supreme Court of British Columbia

Interim sale of the family residence was dismissed, interim child support was set at $1,047 per month, and the spousal support claim was adjourned.

• Interim sale of family residence
• Child support calculation
• Spousal support entitlement
• Costs
• Adjournment of claims
• Family-law

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