Canada Case Law

Coles v. Coles

Court

Supreme Court of Nova Scotia

The court exercised its discretion under Rule 77.03(3) and relevant authorities to award costs to Ms. Coles because, although overall success was mixed, she was clearly more successful than Mr. Coles and her settlement proposals were superior to the result achieved by him; a lump sum of $10,212 (approximately 57% of her billed fees of $18,060.92) appropriately affords a substantial contribution to her reasonable expenses and is ordered to be paid by Mr. Coles by March 31, 2021.

Source excerpt

• Variation of spousal support
• Child support termination
• Costs award
• Settlement proposals
• Jurisdictional limits on life insurance relief

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Nova Scotia (Community Services) v. EL

Court

Supreme Court of Nova Scotia

The CFSA application was dismissed because the Minister satisfied Civil Procedure Rule 5.20(2) (proper notice, disclosure and supporting evidence) and E.L. failed to provide affidavits or evidence showing that extending the application was in the children's best interests; the interim Divorce Act order was varied and the children placed in D.M.'s care and his child support obligation terminated as of February 1, 2019 because the children had lived with him for almost 13 months, the concerns that prompted Ministerial involvement remained unresolved as to E.L., and the best interests of the chi…

Source excerpt

• Termination of child protection proceeding
• Variation of interim parenting order
• Child support termination
• Service by email
• Summary proceeding

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P.J.L. v. C.A.L.

Court

Supreme Court of British Columbia

British Columbia Supreme Court case on child support, spousal support, and property division, with related foreclosure proceeds held in court.

• Spousal support duration
• Child support termination
• Division of property
• Maintenance enforcement
• Summary trial suitability
• Disability and support

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V.C.K. v. R.W.

Court

Supreme Court of British Columbia

Appeal in a family law dispute allowed because the Provincial Court relied on unsworn evidence, denied reply, and misapplied Family Law Act s. 147.

• Child support termination
• Voluntary withdrawal from parental charge
• Standing to apply for child support
• Unsworn oral evidence at hearing
• Application and interpretation of family law act provisions
• Child-support

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Livingstone v. Livingstone

Court

Supreme Court of Nova Scotia

Applicant failed to meet the burden of proof to establish that either child became independent in 2004 or that he paid amounts sufficient to discharge his obligations; no valid court variation of the January 26, 2000 corollary relief order was shown; Maintenance Enforcement records and parental testimony established arrears and that child support continued beyond 2004, therefore the application to terminate support was dismissed except that spousal support was reduced from $1,200 to $900 per month and existing security and disclosure obligations remain; arrears as calculated by the Maintenanc…

Source excerpt

• Child support termination
• Spousal support variation
• Maintenance enforcement
• Arrears calculation
• Life insurance beneficiary
• Rrsp security

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Innes v. Innes

Court

Supreme Court of British Columbia

The court terminated child support for all four children as of the last payments made, and varied spousal support to $500 per month for a limited period ending June 2013.

• Spousal support variation
• Child support termination
• Review clause
• Arrearages
• Enforcement (fmep)
• Spousal-support-variation

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