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Canada Case Law

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Family law 2023 BCSC 1817

Lussier v. Ritchie

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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Family law 2019 BCSC 1188

P.J.D. v. W.K.W.

Family law trial on parenting, pension division, mortgage repayment, and s. 7 expenses. The court ordered reduced parenting time for the claimant and final decision-making for the respondent.

  • Parenting arrangements
  • Best interests of the child
  • Views of the child report
  • Section 7 expenses (child support guidelines)
  • Division of employment pension
  • Post-separation repayment of mortgage funds
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Family law 2007 BCSC 744

Moyles v. McCann

The court upheld the Minutes of Settlement on property and spousal support, but varied them to allow CPP equalization under the Canada Pension Plan.

  • Minutes of settlement fairness review
  • Division of employment pension
  • Canada pension plan equalization
  • Constructive/resulting/express trust
  • Section 65 and section 120 review
  • Family-law
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Family law 2005 NSSC 130

Phinney v. Phinney

Joint custody was ordered as agreed with respondent as primary caregiver; child support fixed using petitioner income of CAD 55,000; spousal support entitlement terminated effective Sept 1, 2004 due to respondent's improved circumstances and cohabitation; arrears were recalculated and reduced to CAD 4,294.50; matrimonial home equity (CAD 16,025) awarded to respondent with petitioner credited CAD 8,012.50 less arrears (net CAD 3,718) to be adjusted against respondent's share of petitioner's pension; pension to be divided equally for service during the marriage with an adjustment to compensate…

  • Custody
  • Access
  • Child support calculation
  • Spousal support entitlement and termination
  • Division of matrimonial home
  • Occupancy/offsets
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