Canada Case Law

Somers-Dilny v. Dilny

Court

Supreme Court of Nova Scotia

Child ceased to be a dependent on December 31, 2021; material changes (child's withdrawal from parental charge and respondent's increased income) justify variation; payor's reported business deductions were adjusted for CCA and personal vehicle/utilities; spousal support remains payable on compensatory and non-compensatory grounds and is set at $3,500/month effective January 1, 2022 with no set termination date; arrears scheduling ordered.

Source excerpt

• Variation of support
• Retroactive support
• Imputation of income
• Dependent child status
• Disability and support

Read case analysis

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

Read case analysis

Morphy v. Powell

Court

Supreme Court of Nova Scotia

Because the father reasonably believed the child was in the permanent care of child protection authorities and did not receive effective notice of the support claim until his appearance in early 2014, he was not guilty of blameworthy conduct for non-payment before effective notice; consequently no retroactive child support was ordered for periods before January 1, 2017 (and specifically not for March 2014–January 1, 2017), ongoing support was confirmed under the existing January 6, 2017 order as amended to reflect the Nova Scotia tables (monthly $558), and any overpayments since January 1, 20…

Source excerpt

• Retroactive child support
• Adult dependent child
• Disability and support
• Jurisdiction and attornment
• Child support tables
• Offsets and overpayments

Read case analysis

Morck v. Morck

Court

Supreme Court of British Columbia

In a spousal support review, the court reduced Michael Morck’s support obligation, imputed $40,000 annual income to him, and kept support ongoing indefinitely.

• Review of consent order
• Imputation of income
• Retroactive variation of support
• Disability and support
• Spousal support advisory guidelines
• Application of s.15.2 divorce act

Read case analysis

Ciriello v. Ciriello

Court

Supreme Court of British Columbia

Family-law reasons on spousal support, disability-based need, and tax treatment of historic payments. The court continued $3,000 monthly support and left prior payments without order.

• Spousal support
• Spousal support advisory guidelines
• Income tax reporting
• Separation agreement
• Disability and support
• Capacity to pay

Read case analysis

J.M.D. v. R.M.J.D.

Court

Supreme Court of British Columbia

Supplementary reasons confirm A.M. remains a child of the marriage while completing post-secondary studies, and child support continues until June 2014 or program completion, whichever comes first.

• Child of the marriage
• Termination of child support
• Enrolment status
• Disability and support
• Child-support
• Post-secondary-education

Read case analysis

Haggerty v. Haggerty

Court

Supreme Court of Nova Scotia

Applicant, who became permanently disabled during the marriage and is incapable of employment, is entitled to ongoing spousal support; however balancing mutual obligation and clean‑break considerations and the respondent's new family obligations and means, support is limited to a fixed seven year term and set at $900 per month, payable as $450 twice monthly commencing January 15, 2010; respondent also ordered to repay $3,360.76 by $50 per month until paid to purge contempt; divorce granted.

Source excerpt

• Entitlement to spousal support
• Quantum and duration of spousal support
• Application of spousal support advisory guidelines
• Disability and support
• Contempt for failure to maintain benefits

Read case analysis

Katz v. Nimelman

Court

Court of Appeal for Ontario

The trial judge's factual findings that the equalization claim had not been abandoned and that the s.2(a) criteria for extending the time were satisfied were supported by the evidence; the judge also considered the appellant's disability but found no demonstrated need for support given her assets, and those discretionary findings warrant deference; accordingly the appeals fail.

Source excerpt

• Equalization
• Extension of time
• Family law act s.2(a)
• Abandonment of claim
• Disability and support

Read case analysis

Rayvals v. Rayvals

Court

Supreme Court of British Columbia

The court varied spousal support in a disability-based case, keeping $500 monthly payments in place but ending them on June 2009 after weighing assets, need, and changed circumstances.

• Spousal maintenance
• Variation
• Spousal support advisory guidelines
• Disability and support
• Asset reapportionment
• Spousal-support

Read case analysis

Skoreyko v. Skoreyko

Court

British Columbia Court of Appeal

The Court of Appeal upheld a spousal support order of $400 per month, finding no error in the chambers judge’s assessment of income, debts, or discretion.

• Spousal maintenance
• Disability and support
• Bracklow principles
• Divorce act s.15.2(6)(c)
• Quantum and duration of support
• Appellate review of discretionary family law decisions

Read case analysis