Canada Case Law

George v. George

Court

Supreme Court of Nova Scotia

Because parenting was a primary issue making tariff calculation impractical, mixed success between the parties, and the respondent's repeated, blameworthy failure to provide timely and complete financial disclosure (which caused informational asymmetry and underpayment of child support), a lump sum costs award of $12,500 is justified: $10,000 for disclosure misconduct and $2,500 as throw‑away costs for a late adjournment; respondent to pay within 60 days.

Source excerpt

• Parenting time and supervision
• Child support (including disclosure and imputation)
• Unequal division of matrimonial property (pension exemption)
• Financial disclosure obligations
• Costs assessment and lump sum awards
• Adjournment/throw‑away costs

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Sahota v. Sahota

Court

Supreme Court of British Columbia

The court ordered an unequal division of family property (65% to the claimant, 35% to the respondent) because the respondent's conduct—preventing the timely sale of the Larson Road property (thereby causing loss of the Family Home), failing to use the Antrim loan as required by the 2022 Agreement, providing deficient financial disclosure, and prolonged marked disparities in contributions and efforts to preserve family property—made an equal division significantly unfair under s.95 FLA. The Antrim loan (213,326.99) was allocated to the respondent, other identified business and CRA debts were s…

Source excerpt

• Family law act s.81 s.84 s.87 s.95
• Unequal division of family property
• Enforceability of separation/reconciliation agreement (2022 agreement)
• Financial disclosure obligations
• Allocation of business and personal debts
• Spousal support entitlement and principles

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M.J.H.I.G. v. F.M.E.G.

Court

Supreme Court of British Columbia

The Court fixed child-support incomes, special-expense shares, and arrears, varied the prior order on pension division, and ordered disclosure compliance.

• Guidelines income determination
• Special and extraordinary expenses
• Arrears reconciliation and set-off
• Variation of orders
• Pension lump-sum treatment
• Financial disclosure obligations

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Wise v. Lamont

Court

Supreme Court of British Columbia

The court dismissed a husband’s application to terminate or suspend spousal support, finding insufficient medical and financial disclosure to justify changing the parties’ final order.

• Review vs variation of support
• Onus to prove material change
• Financial disclosure obligations
• Imputation of income
• Retroactive variation (d.b.s. test)
• Spousal-support

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Wood v. Brooks

Court

Supreme Court of British Columbia

The court declared that M. was no longer a child of the marriage as of June 2023, fixed the claimant’s Guideline income for 2022 and 2023, and awarded costs.

• Child of the marriage
• Guideline income calculation
• Imputation of income
• Financial disclosure obligations
• Retroactive adjustments to support
• Costs

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Saujani v. Saujani

Court

Supreme Court of British Columbia

The court refused to vary or cancel child support arrears because the payor failed to prove a binding variation or provide adequate financial disclosure.

• Variation of court order
• Retroactive decrease of child support
• Cancellation of arrears
• Section 7 expenses
• Financial disclosure obligations
• Imputation of income

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R.A. v. W.A.

Court

Supreme Court of British Columbia

The court varied child support, imputed the respondent’s 2019 income at $75,000, ordered arrears of $2,058, and set ongoing support at $1,164 monthly.

• Imputing income for underemployment
• Imputing corporate expense deductions
• Section 7 special or extraordinary expenses
• Division of cpp credits
• Financial disclosure obligations
• Variation of child support

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Janmohamed v. Janmohamed

Court

Supreme Court of British Columbia

The court dismissed the father's bid to end support for two adult children, imputed him income of $120,000, adjusted support retroactively, and granted a confidentiality injunction.

• Child of the marriage
• Imputation of income
• Variation of child support
• S.7 special expenses
• Distribution of sale proceeds
• Confidentiality of discovery materials

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S.M.M. v. J.P.H.

Court

Supreme Court of British Columbia

The court varied parenting arrangements for the youngest child, found one child no longer a child of the marriage, fixed each parent’s Guidelines income, and set 2019 child support at $755 per month.

• Material change in circumstances
• Parenting schedule variation
• Imputation of income
• Guidelines income determination
• S.7 special/extraordinary expenses
• Variation of child support orders

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Wighton v. Wighton

Court

Supreme Court of Nova Scotia

Respondent is entitled to costs for the interim motion and trial but tariff costs must be substantially reduced because both parties lack ability to pay and because the respondent's late and incomplete financial disclosure materially contributed to delay and increased costs; applying tariff amounts ($9,250) and reducing by one-half produces an award of $4,625, with costs to be set off against the respondent's unpaid equalization payment of $6,500 if applicable.

Source excerpt

• Spousal support entitlement and quantum
• Interim exclusive possession
• Costs assessment and tariffs
• Financial disclosure obligations
• Equalization payment set-off

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