Canada Case Law

P. A. R. v. K. A. S.

Court

Supreme Court of British Columbia

Claimant failed to meet the burden to prove the adult son reverted to being a child of the marriage; Respondent's voluntary cash and expense payments from 2016–2022 met or exceeded likely guideline spousal support such that, given the subsequent material change (Respondent's retirement and health, Claimant's current income), it is grossly unfair to require payment of assessed arrears and they are cancelled; family property is to be divided equally under the FLA absent evidence of significant unfairness, subject to specific deductions for shared family debt and bailiff costs; divorce granted.

Source excerpt

• Retroactive spousal support
• Adult child support under divorce act s.2(1)(b)
• Equal division of family property and s.95 significant unfairness
• Cancellation of spousal arrears
• Foreclosure and sale of family home
• Family violence allegations and credibility

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Ludwig v. Ludwig

Court

Supreme Court of British Columbia

On the facts the court found the parties' marriage-like relationship began by December 2004; Hatchery Road purchase price ($151,831.59) was excluded property of the claimant and the increase in value to its sale ($380,074.14 minus purchase price) is family property; Mr. Ludwig retained an excluded property claim to a one-half pre-relationship interest in Lots 6 and 8 valued at $247,000, claimant established excluded contributions to Lots 6 and 8 totalling $98,783.50, the mid-point of competing 2023 appraisals was used to value Lots 6 and 8 ($766,500), family property and debts were equally di…

Source excerpt

• Commencement of marriage-like relationship
• Excluded property
• Valuation of family property
• Equalization of family property and debt
• Spousal support entitlement and quantum
• Retroactive spousal support

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King v. Chevallier

Court

Supreme Court of British Columbia

The claimant is entitled to spousal support on compensatory and needs grounds; prospective spousal support is fixed at CAD 4,800/month commencing February 1, 2025, indefinite in duration subject to variation; retroactive spousal support from the date the Notice of Family Claim was filed (November 7, 2019) to January 31, 2025 is awarded as a tax-adjusted lump sum of CAD 130,094; family property is divided pragmatically by allocating chattels in kind (each retains one horse trailer with claimant priority of election), valuing specific retained vehicle assets and applying a property-based set-of…

Source excerpt

• Division of family property
• Retroactive spousal support
• Prospective spousal support
• Imputation of income
• Valuation of chattels
• Cpp credit division

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Munroe-Unsworth v. Unsworth

Court

Supreme Court of Nova Scotia

On a 15-year relationship with largely traditional roles, the respondent established compensatory and non-compensatory entitlement to spousal support; her income was imputed to $36,000 due to available work history, producing significant disparity with the petitioner. Considering the parties' means, needs, the priority of children's needs, and SSAG ranges, periodic spousal support of $500/month (from April 1, 2025) and a retroactive lump sum of $9,800 from December 2022 were appropriate. Matrimonial assets were divided equally per the court's Schedule A; pension division was deferred until re…

Source excerpt

• Section 7 expenses
• Equalization payment
• Pension division
• Imputed income
• Retroactive spousal support
• Enforcement

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Bradley v. Callahan

Court

British Columbia Court of Appeal

The Court of Appeal held the marriage agreement operated unfairly because it ignored Ms. Bradley’s indirect contributions and extraordinary asset growth, ordering $29 million reapportionment.

• Marriage agreement fairness
• Reapportionment under s.65 fra
• Retroactive child support
• Retroactive spousal support
• Indirect contributions
• Valuation timing

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Schrader v. Schrader

Court

British Columbia Court of Appeal

Appeal partly allowed: retroactive spousal support was reduced to reflect the appellant’s actual 2022 income. The agreement-setting-aside ruling and the fresh evidence dismissal were upheld.

• Separation agreement
• Significant unfairness
• Retroactive spousal support
• Fresh evidence application
• Calculation correction
• Family-law

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Postnikoff v. Postnikoff

Court

Supreme Court of British Columbia

In this family law trial, the court imputed incomes, ordered prospective and retroactive spousal support, divided property equally, and denied occupational rent.

• Prospective spousal support
• Retroactive spousal support
• Income imputation
• Division of family property and debts
• Valuation and disposition of family business (kepo)
• Occupational rent

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Rathee v. Rathee

Court

Court of Appeal for Ontario

The Court allowed the husband's appeal against the Superior Court decision, set aside that decision in full, and reinstated the arbitrator's award except that the Court found the arbitrator erred by failing to apply or explain any departure from the SSAGs. The Court substituted a corrected quantum: it selected a $600,000 payor income input, calculated a midpoint annual spousal support of $193,968, awarded five years retroactive support totalling $969,840 pre-tax, netted that amount by 30% to reflect tax treatment, and ordered a lump-sum after-tax award of $678,888. The Court also set aside pr…

Source excerpt

• Spousal support advisory guidelines (ssags)
• Retroactive spousal support
• Arbitration deference
• Entitlement vs quantum
• Costs allocation
• Income input selection

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Linklater v. Mardukhi

Court

Supreme Court of British Columbia

The court held the consent order allowed variation, not a de novo review, and increased spousal support because the payor’s line 150 income exceeded the agreed threshold for years.

• Variation v. review
• Material change in circumstances
• Retroactive spousal support
• Income determination (line 150, fcsg)
• Spousal support advisory guidelines
• Repartnering/cohabitation

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Negarchi v. Saadati

Court

Supreme Court of British Columbia

Family property and spousal support dispute after an 18-year relationship. The court divided property, valued Third Eye Martial Arts at zero, and ordered ongoing and retroactive support.

• Division of family property
• Division of family debt
• Valuation of closely held corporation
• Shareholder loan treatment
• Imputation of income for support
• Retroactive spousal support

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