Canada Case Law

A.M. v. I.V.

Court

Supreme Court of British Columbia

The court concluded that the fairest determination was to include the Claimant Corporation's pre-tax income (with quantified add-backs for personal expenses) in the claimant's income and to average the relevant years under s.17 given fluctuation; it rejected imputation of additional income for 2023-24 due to demonstrated downturn, accepted specified add-backs to corporate income, determined the parties' Guidelines incomes (claimant $67,306 for each year; respondent $54,887 for 2023 and $80,801 for 2024), retroactively varied the Consent Order to reflect adjusted set-offs for child support, an…

Source excerpt

• Section 7 expenses
• Imputation of income
• Schedule iii adjustments
• Section 18 corporate income
• Shared parenting
• Retroactive variation

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Townley v. Townley

Court

Supreme Court of British Columbia

The court found no binding support agreement or waiver, but held the child’s residence change justified retroactive variation. It ordered offset child arrears and stepped-down spousal support.

• Child support variation
• Spousal support variation
• Retroactive variation
• Waiver and promissory estoppel
• Material change in circumstances
• Floors to ceilings exception

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G.A.Q. v. C.L.L.

Court

Supreme Court of British Columbia

The court upheld the 2005 support agreement, found the child remained dependent for support, reduced arrears under s. 174 FLA, and set new child support and special-expense orders.

• Retroactive variation
• Arrears reduction/cancellation under s.174 fla
• Special/extraordinary expenses (s.7 guidelines)
• Definition of 'child' under s.146 fla
• Duress/contract set aside
• Agreement filed with court (s.148(3) fla)

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Watkins v. Collins

Court

Supreme Court of Nova Scotia

Retroactive child support recalculation is ordered from September 2016 (the month after the Final Order) through calendar years to September 2025; 2022 support based on actual reported income; 2023 and 2024 income imputed to full‑time minimum wage due to underemployment, unreported cash work and voluntary departure from the fishing industry; retroactive arrears calculated accordingly and set to be repaid at $200/month commencing last day of September 2025; prospective child support set on applicant's 2025 income of $34,436 producing $242/month starting last day of September 2025.

Source excerpt

• Retroactive variation
• Imputation of income
• Child support guidelines
• Undue hardship
• Disability tax credit
• Prospective support

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B.L.A.K. v. T.M.K.

Court

Supreme Court of British Columbia

The court varied child support under the Divorce Act, ended support for K in December 2021, ordered direct support for L, and reallocated special expenses and parenting-time logistics.

• Retroactive variation
• Child of the marriage
• Guideline income calculation
• Allocation of special and extraordinary expenses
• Direct payment to child
• Insurance access

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Szeto v. Szeto

Court

Supreme Court of British Columbia

The court held Michael was no longer a child of the marriage, kept Christian’s support at the Guidelines amount, and ordered limited repayment of overpaid support.

• Child of the marriage
• Variation of child support
• Retroactive variation
• Persons with disability (pwd) benefits
• Kollmuss approach
• Effective notice

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Kwantes v. Kwantes

Court

Supreme Court of British Columbia

The court varied child and spousal support under the Divorce Act, ordered retroactive child-support set-off, declined retroactive spousal reduction before notice, and set new prospective support amounts.

• Variation of support
• Retroactive variation
• Effective date of notice
• Set-off of support
• Bcfma enforcement
• Child-support

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A.G. v. R.J.G.

Court

Supreme Court of British Columbia

The court varied child and spousal support, found the father’s income had materially changed, and rejected rescission of arrears and cancellation of interest.

• Retroactive variation
• Withdrawal from parental charge
• Effective notice
• Section 7 extraordinary expenses
• Arrears and rescission
• Rrsp withdrawals as income

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Kingsbury v. Kingsbury

Court

Supreme Court of British Columbia

Application to set aside a family judgment was dismissed, but the court varied child and spousal support to actual income, applied the change retroactively to 2018, and rescinded arrears.

• Setting aside default judgment
• Variation of support orders
• Retroactive variation
• Rescission of arrears
• Stepparent support obligations
• Imputed income

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Goldman v. Goldman

Court

Supreme Court of British Columbia

The court retroactively varied spousal support, found the respondent intentionally unemployed, and ordered ongoing support, with estate and expense orders.

• Spousal support
• Child support
• Imputation of income
• Financial disclosure
• Retroactive variation
• Fraudulent conveyance

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