Canada Case Law

White v. Bradley

Court

Nova Scotia Court of Appeal

The appeal is dismissed because the trial judge’s factual findings (residence timing, graduation and employment status, and income imputation) were supported by the record and not palpably and overridingly erroneous, the appellant failed to adduce evidentiary basis for claimed repayments, medical expense orders or lost wage costs, and the appellant did not establish judicial bias; costs of $2,000 awarded to respondent.

Source excerpt

• Variation of child support
• Retroactive child support
• Prospective child support
• Imputation of income
• Medical expenses
• Post-secondary education expenses

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Thompson v. Thompson

Court

Supreme Court of British Columbia

The court held that Grace remained a child of the marriage for support purposes and ordered limited retroactive and ongoing support tied to her university attendance.

• Child of the marriage
• Farden factors
• Post-secondary education expenses
• Special and extraordinary expenses
• Parenting time
• Relocation

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Sidhu v. Chima

Court

Supreme Court of British Columbia

Family law child support application concerning variation of a consent order, adult-child support, and s. 7 expenses. The court dismissed most claims but awarded arrears for Mason.

• Child support
• Setting aside agreement
• Adult child support
• Section 7 expenses
• Post-secondary education expenses
• Consent order

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K.L.N. v. B.D.P.

Court

Supreme Court of British Columbia

The court interpreted a consent order on post-secondary expenses and held the respondent owed 80% only of necessary and reasonable costs, allowing part of the claim.

• Post‑secondary education expenses
• Reasonableness and necessity under child support guidelines
• Consent order interpretation
• Costs
• Post-secondary-education-expenses
• Child-support

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Fairfex v. Garland

Court

Supreme Court of Nova Scotia

The court continued to apply the Guidelines tables until September 2015 because the child remained sufficiently like a minor during that period, treated student loans as a deductible contribution to post-secondary costs (no parental contribution where child loan covered costs), switched to a needs-based assessment from September 2015 when the child lived away and had means, found the payor’s non-disclosure and conduct blameworthy and therefore ordered a retroactive variation dated to the existing order, calculated arrears totalling $58,192.96 (corrected), and ordered repayment by monthly inst…

Source excerpt

• Prospective variation
• Retroactive variation
• Post-secondary education expenses
• Student loans
• Child support guidelines interpretation
• Service and disclosure obligations

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Espersen v. Espersen

Court

Supreme Court of British Columbia

Application concerning post-secondary expenses for adult twins. The court held the children were children of the marriage, apportioned reasonable costs 47/53, and denied retroactive relief.

• Post-secondary education expenses
• Extraordinary expenses (s.7)
• Child of the marriage
• Retroactivity of section 7 awards
• Income/means assessment
• Parental consultation

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Deuling v. Ketchum

Court

Supreme Court of British Columbia

The court varied a separation agreement for Kyle’s post-secondary costs, refused to cancel arrears, denied an implied MSP term for the claimant, and made specific support awards.

• Child support
• Variation of separation agreement
• Enforcement of settlement agreement
• Post-secondary education expenses
• Extraordinary expenses (s.7)
• Implied terms

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Johnson v. Obert

Court

Supreme Court of British Columbia

Appeal from a Provincial Court child-support order dismissed. The court upheld refusal of post-secondary education expenses and found no error or bias.

• Post-secondary education expenses
• Special expenses under federal child support guidelines
• Standard of review on appeal
• Allegation of judicial bias
• Affidavit admissibility
• Child-support

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Carruthers v. Carruthers

Court

Supreme Court of British Columbia

The court partially granted a child-support application over post-secondary expenses, reducing the respondent’s share of Quest University costs and ordering a separate travel-cost split.

• Section 7 expenses
• Post-secondary education expenses
• Proportionate sharing
• Extraordinary expenses
• Consultation requirement
• Child-support

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Rotto v. Rotto

Court

Supreme Court of British Columbia

The court varied a child support order for an adult child in post-secondary studies, set support at $250 per month, and dismissed retroactive relief.

• Adult child support
• Retroactivity
• Ability to pay
• Student loans
• Post-secondary education expenses
• Variation of order

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