Canada Case Law

Hill v. Richards

Court

Supreme Court of Nova Scotia

The court retained a shared parenting regime because it is in the child's best interests given comparative evidence; imputed incomes ($25,000 for Mr. Hill from 2024, lower amounts earlier; specified incomes for Ms. Richards) justified a set-off calculation leading to prospective monthly set-off child support of $433 payable by Ms. Richards; retroactive child support was awarded based on set-off calculations and credits totaling $23,562 payable by June 15, 2026; limited spousal support $200/month for 24 months awarded to Mr. Hill based on relationship interdependence, his compromised earning c…

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• Shared parenting
• Joint family venture
• Retroactive child support
• Imputation of income
• Set-off calculation
• Maintenance enforcement

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Tanner v Arbuckle

Court

Supreme Court of Nova Scotia

Because the child had spent the vast majority of time in the Applicant's care, the burden rested on the Respondent to show the proposed relocation was not in the child's best interests; he failed to do so. The Respondent's persistent abusive and ineffective communication, lack of insight, and litigation conduct demonstrated that shared/50% parenting would not be in the child's best interests; accordingly the court awarded primary care to the Applicant, permitted relocation to the Annapolis Valley, adopted the Applicant's step-up parenting plan, vested final decision-making to the Applicant wh…

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• Parenting time
• Relocation under psa s.18
• Decision-making responsibility
• Parental communication tools (talking parents)
• Daycare app access (lillio)
• Section 7 expenses

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MacQueen v MacQueen

Court

Supreme Court of Nova Scotia

The court found that, on balance, the children were primarily in the mother's care for most years (2018, 2019, 2022-2025) with shared parenting in 2020 and 2021; the father's Line 15000 income did not always reflect funds available so the court attributed portions of the company's pre-tax profits to him for certain years under s.18; retroactive child support to October 7, 2018 through 2025 was appropriate; historic unpaid child support owed by the father net of amounts owing from the mother totaled $169,668.47, payable within 90 days; prospective child support was fixed at $3,515 per month an…

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• Primary care vs shared parenting (40% threshold)
• Imputing corporate pre-tax profit to personal income (s.18 guidelines)
• Retroactive support (dbs factors)
• Section 7 special/extraordinary expenses allocation
• Maintenance enforcement
• Credibility and inference in fact finding

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Rogers v. Director of Maintenance Enforcement Program

Court

Yukon Court of Appeal

The Yukon Court of Appeal held the Commissioner’s failure to prescribe a minimum income under s. 22(1) of the Maintenance Enforcement Act was justiciable and unlawful.

• Justiciability
• Delegated legislation
• Regulatory inaction
• Mandamus
• Maintenance enforcement
• Garnishment

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R.I. v. A.M.

Court

Supreme Court of Nova Scotia

The court retained limited jurisdiction under Civil Procedure Rule 78.08(1)(b) to apportion a previously issued mixed costs award where apportionment is necessary to give effect to the court's original intention and where the issues (custody/primary care and child support) were inextricably linked; applying that principle and assessing the relative materiality of child support to the proceedings, the court apportioned 25% of the $21,000 costs award to child support, i.e. $5,250, and declared that amount enforceable through the Maintenance Enforcement Program.

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• Costs
• Apportionment of costs
• Child support
• Functus officio
• Slip rule (correction of orders)
• Maintenance enforcement

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Toxqui v Hofmann

Court

Supreme Court of Nova Scotia

Applied Rule 77 and relevant case law. Allocated preparation/hearing effort across the contested issues (60% parenting — mother successful; 20% retroactive child-care support — father successful; 20% travel — mixed result). Tariff C applied. Rejected solicitor-and-client costs because conduct was not sufficiently reprehensible. Reduced respondent's claimed lump sum proportionally and awarded party-and-party costs under Tariff C: $2,000 plus $860 expert fees (total $2,860) payable by father with staggered monthly payments of $100 from May 1, 2025; respondent must file expert fee invoice within…

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• Variation of parenting order
• Travel with children
• Maintenance enforcement
• Costs assessment
• Self-represented litigant costs
• Tariff c application

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Corkum v. Purcell

Court

Supreme Court of Nova Scotia

The ValorReport, prepared by qualified experts and not effectively undermined, established a fair market value for Corkum's Electrical at $1,650,000; although Ms. Purcell held 50% of shares, her direct contributions to the operating business were limited, but section 13 required an award because approximately 42% of the business value derived from matrimonial assets held via the Numbered Company and Ms. Purcell made contributions and domestic sacrifices; accordingly the court awarded Ms. Purcell $330,000 (20% of share value), ordered equalization payments totalling $129,964.07, awarded owners…

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• Equalization
• Section 13 mpa
• Section 18 mpa
• Business valuation - going concern
• Imputed income
• Interim support

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Evans v. Evans

Court

Supreme Court of Nova Scotia

The court supplemented its prior reasons by ordering mandatory exchange of completed income tax returns and CRA notices of assessment, directing maintenance payments to be paid to the recipient via the Office of the Director of Maintenance Enforcement while the order is filed for enforcement, and imposing statutory notification duties on the parties pursuant to sections 9 and 42 of the Maintenance Enforcement Act to ensure effective enforcement.

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• Income disclosure
• Maintenance enforcement
• Notices of assessment
• Maintenance enforcement act
• Change of address and employment notification

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Feser v. Candelora

Court

Supreme Court of Nova Scotia

Divorce granted; the interim imputation of income at $224,000 will be maintained only for the period August 1, 2019 to January 1, 2020; for 2020 and 2021 the Court uses Feser’s reported tax incomes ($34,125 and $24,200 respectively) for table child support; for 2022, 2023 and 2024 the Court imputes annual income of $36,000 based on findings that his reported earnings in those years were unreasonably low; retroactive child support claim prior to August 1, 2019 is dismissed; overpayments will be credited against ongoing support; annual income disclosure required by June 1 each year.

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• Imputation of income
• Child support calculation
• Retroactive support
• Effect of bankruptcy on support obligations
• Interim versus final orders
• Credibility assessment

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D.B. v. S.D.

Court

Supreme Court of Nova Scotia

The father's unilateral denial of the mother's contact after the May 16, 2022 Consent Order constituted a material change in circumstances and amounted to parental alienation; on a fresh best interests inquiry the child’s primary care and residence, and decision-making authority, were placed with the mother, with specified parenting time to the father and child support ordered from the father to the mother.

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• Change in circumstances
• Parenting arrangements
• Decision-making authority
• Parental alienation
• Best interests of the child
• Credibility findings

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