Canada Case Law

Orrego v. Pearson

Court

Supreme Court of British Columbia

Claimant is entitled to time-limited compensatory spousal support because she sacrificed greater earning potential to work in the family restaurant and lost salary on separation; respondent's disability claim lacks causal connection and sufficient evidence and is undermined by investigator evidence, so non-compensatory support is denied; two years' duration is sufficient and a retroactive lump-sum of $22,750 (after tax-benefit discount) is appropriate; property division is resolved by transferring claimant's PRG shares and her shareholder loan to respondent, claimant retaining the TD savings…

Source excerpt

• Compensatory spousal support
• Non-compensatory spousal support (disability)
• Duration of support
• Retroactive lump-sum support
• Division of family property
• Shareholder loan

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L.J.W. v. R.A.O.

Court

Supreme Court of British Columbia

The court authorized the claimant to relocate with the child to New Jersey, adjusted parenting time and support, declined to treat Hawaii property as family property, and granted divorce.

• Relocation under divorce act s.16.92
• Best interests of the child
• Imputation of income
• Compensatory spousal support
• Section 7 special expenses
• Family violence

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Kammerer v. Kammerer

Court

Supreme Court of British Columbia

The court awarded retroactive and prospective spousal support after a 33-year marriage, finding both compensatory and non-compensatory entitlement and no hardship defence.

• Compensatory spousal support
• Non-compensatory spousal support
• Retroactive support
• Spousal support advisory guidelines
• Disclosure obligations
• Credibility findings

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Tai v. Wu

Court

Supreme Court of British Columbia

The court denied compensatory spousal support but awarded transitional non-compensatory support, retroactive to March 1, 2023, with payments ending in 2026.

• Compensatory spousal support
• Non-compensatory spousal support
• Entitlement and quantum
• Retroactive support
• Imputed income
• Spousal support advisory guidelines

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J.M.M v. I.P.M.

Court

Supreme Court of British Columbia

Family law reasons addressing parenting time, family violence, child support, property division, occupational rent, and spousal support after separation.

• Parenting time allocation
• Imputed income
• Compensatory spousal support
• Division of property
• Section 7 expenses
• Pension division (part 6 fla)

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K.J.P. v. B.S.J.G.

Court

Supreme Court of British Columbia

Family law trial on parenting, support, property division, non-disclosure, and a protection order after a 16-year marriage ended.

• Parenting time
• Income imputation
• Retroactive child support
• Special and extraordinary expenses
• Compensatory spousal support
• Unequal division of family property

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Villeneuve v. Agnew

Court

Supreme Court of British Columbia

The court dismissed a property claim to the Steinbrunner Property, left each party with assets and debts held at separation, and awarded retroactive spousal support of $24,048.

• Division of family property
• Compensatory spousal support
• Non-compensatory (needs-based) spousal support
• Retroactive support
• Asset and debt valuation
• Family-property-division

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Cohoon v. Stobo

Court

British Columbia Court of Appeal

The Court of Appeal upheld the finding that inherited funds used to pay down the family home became family property, but set aside the compensatory spousal support order.

• Excluded property
• Division of family property
• Compensatory spousal support
• Presumption of advancement
• Standard of review
• Spousal support advisory guidelines

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McCracken v. Matthew

Court

Supreme Court of British Columbia

The court granted a divorce and ordered non-compensatory spousal support, including a limited retroactive award, rejecting the respondent’s misconduct-based disentitlement argument.

• Compensatory spousal support
• Non-compensatory spousal support
• Retroactive spousal support
• Misconduct disentitlement (fla s.166)
• Delay and notice
• Application of ssag

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Richards v. Mader

Court

Supreme Court of Nova Scotia

Court found a material change in circumstances (both parties remarried, respondent eligible for CPP/OAS, and respondent has not made reasonable efforts toward self-sufficiency) that diminished the respondent's compensatory entitlement; accordingly the spousal support order was varied to a nominal payment of $1.00 per month for four years (commencing Feb 24, 2023) with termination thereafter unless materially varied; effective date of change for variation is the filing date of the variation application (Aug 23, 2021); the court excluded weight of the applicant-retained expert for lack of demon…

Source excerpt

• Change in circumstances
• Compensatory spousal support
• Self-sufficiency
• Repartnering/remarriage
• Imputation of income
• Expert witness admissibility

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