Canada Case Law

Lamons v. Boston

Court

Supreme Court of British Columbia

The student loan obtained in 2017-2018 was principally used for family living expenses and therefore constitutes family debt divisible between the parties; the respondent is liable for one half of the divisible student loan and related overpayments, and the court will order specified equalization and division of benefits while declining to infer that the respondent converted the 2018 transfer into a nonfamily asset remaining at separation absent adequate evidence.

Source excerpt

• Equalization
• Student loan as family debt
• Adverse inference for non-disclosure
• Workers' compensation benefits
• Cpp pension equalization
• Costs

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Epshtein v. Shvartzman

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed an appeal about a pre-marital domestic agreement, upholding findings that the agreement was unclear and unenforceable.

• Domestic agreement
• Enforceability
• Section 56(4)
• Equalization
• Matrimonial home
• Credibility findings

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Chen v. Zhang

Court

Court of Appeal for Ontario

The Ontario Court of Appeal allowed the appeal, refused an extension of time for an equalization claim, and dismissed an ownership claim under the divorce agreement.

• Equalization
• Limitation period extension
• Enforcement of court orders
• Interpretation of divorce agreement
• Constructive trust/ownership claim
• Family-law

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MacDonald v. More

Court

Supreme Court of Nova Scotia

Ms. More was the more successful party on the pivotal issues (family violence, relocation and supervision) and made reasonable, favourable settlement offers which Mr. MacDonald unreasonably refused; given the non-monetary nature and importance of the issues and comparable reasonableness of Ms. More's legal fees, a lump sum costs award calculated by applying 55% to fees incurred before the August 27, 2024 offer and 80% to fees incurred after that offer is principled, resulting in an award of $82,000 which Mr. MacDonald must pay within 45 days.

Source excerpt

• Costs awards
• Settlement offers
• Litigation conduct
• Lump sum costs approach
• Hst on legal fees
• Supervised parenting time

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Khorramrooz v. Baradar

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed motions to dispense with transcript requirements and a motion to stay child support, and ordered grouped appeals with shared transcript costs.

• Child support
• Stay pending appeal
• Transcripts and perfection of appeal
• Equalization
• Case management
• Costs

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Najm v. Najm

Court

Court of Appeal for Ontario

Court dismissed a family-law appeal, holding the husband failed to prove an exclusion for shares in Safina Investments Inc. under the Family Law Act.

• Equalization
• Exclusion under s.4(2)
• Onus of proof
• Tracing of funds
• Fraudulent conveyance/anti-avoidance
• Evidentiary assessment

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Amiri v. Nazer

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal over family property, income imputation, a Mehr payment, bias, and costs, upholding the trial judge’s orders.

• Equalization under family law act
• Resulting and constructive trust
• Mehr (marriage contract)
• Imputation of income
• S.7 child support expenses
• Apprehension of bias

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Robson v. Pellerin

Court

Court of Appeal for Ontario

Ontario Court of Appeal partly allowed a family law appeal, correcting a post-separation credit calculation, while upholding the trial judge on equalization, spousal support, and most other issues.

• Equalization
• Post-separation adjustments
• Valuation date
• Matrimonial home
• Inheritance
• Loans vs gifts

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McLean v. Connell

Court

Court of Appeal for Ontario

The appeal was dismissed as an abuse of process because the November 28, 2024 order only implemented the earlier substantive December 14, 2023 order that had already been the subject of prior appeals dismissed for delay; the eviction/power of sale appeal is moot after the matrimonial home's sale; the costs award was within the trial judge's discretion and disclosed no reviewable error, including entitlement to substantial indemnity costs given the appellant's post-trial conduct.

Source excerpt

• Equalization
• Matrimonial home sale
• Eviction
• Power of sale
• Costs

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Mullin v. Sherlock

Court

Court of Appeal for Ontario

The appeal is dismissed: the trial judge did not err in finding unjust enrichment arising from a joint family venture, properly applied Kerr and related authorities, permissibly relied on available evidence (including signed mortgage applications) in the context of the respondent's disclosure failures to value GS Medical at approximately $6,000,000 and to award the applicant 50% ($3,000,000) on a value‑survived basis; the lump sum spousal support award of $365,624 and trial costs findings are upheld, and appellate costs are fixed at $20,000 payable by the respondent to the applicant.

Source excerpt

• Joint family venture
• Equalization
• Quantum meruit
• Value survived
• Financial disclosure
• Spousal support advisory guidelines

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