Canada Case Law

Wang v. Sullivan

Court

Supreme Court of British Columbia

The Court dismissed the claimant's application to terminate Term #3 of the August 11, 2023 order because the Court of Appeal conclusively addressed and rejected the claimant's substantive challenges (issue estoppel) and the claimant failed to establish the heavy burden of prolonged inability to pay arrears; the Court dismissed the payment‑plan application because a chambers judge lacks jurisdiction to impose a payment schedule on a Court of Appeal costs judgment; the Court granted respondent international travel with the child as serving the child's best interests; and, on a holistic review o…

Source excerpt

• Child support
• Section 7 special and extraordinary expenses
• Costs orders and enforcement
• Vexatious litigant restrictions
• International travel with child
• Resp dispute

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K.D.P.P. v. G.P.P.

Court

Supreme Court of British Columbia

The court decided a family law trial on separation, property division, income imputation, child support, s. 7 expenses, parenting, and spousal support.

• Separation date determination
• Excluded property
• Family debt (post-separation debt)
• Imputation of income
• Section 7 special and extraordinary expenses
• Retroactive child support

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Marchetti v. Lane

Court

Supreme Court of British Columbia

The court varied a family arbitration award to give the claimant final decision-making on disagreements, removed the respondent’s travel consent requirement, ordered s. 7 reimbursement, and dismissed property claims.

• Final decision-making
• International travel and relocation
• Variation of arbitral award
• Section 7 special and extraordinary expenses
• Dismissal of property claims
• Costs assessment

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Bordignon v. Bordignon

Court

Supreme Court of British Columbia

The court recalculated child and spousal support by including Mark Bordignon’s deemed dividend income, set Guideline incomes for 2024 and 2025, and resolved related disclosure and costs issues.

• Guideline income determination
• Inclusion of deemed dividends/shareholder loans
• Section 7 special and extraordinary expenses
• Disclosure of trust and corporate records
• Mandatory injunctions to preserve business
• Annual review protocol for support

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J.L.M. v. G.G.M.

Court

Supreme Court of British Columbia

The court awarded the claimant costs in this family law case, declined double costs on the formal offer to settle, and fixed $1,500 for the costs submissions.

• Parenting time
• Bac monitoring
• Formal offer to settle (rule 11‑1)
• Guideline income imputation
• Section 7 special and extraordinary expenses
• Parenting coordinator

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J.L.M. v. G.G.M.

Court

Supreme Court of British Columbia

The court imputed income to both parents, set child support based on those incomes, ordered some retroactive support and section 7 sharing, cancelled a default fee, and granted divorce.

• Imputation of income
• Federal child support guidelines s.19
• Section 7 special and extraordinary expenses
• Retroactive child support
• Parenting coordinator jurisdiction
• Costs and enforcement

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L.L.W. v. D.P.D.

Court

Supreme Court of British Columbia

The court enforced a 2019 oral child-support agreement, fixed arrears at $16,600, set ongoing support at $1,031 monthly, and ordered disclosure and costs.

• Retroactive child support
• Arrears
• Guideline income determination
• Section 7 special and extraordinary expenses
• Financial disclosure
• Parenting time

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J.A.T.P. v. H.M.

Court

Supreme Court of British Columbia

Interim family-law applications over child support, spousal support, property expenses and sale of assets were partly granted and partly dismissed.

• Interim child support
• Imputation of income
• Section 7 special and extraordinary expenses
• Interim spousal support
• Payment of property-related expenses
• Sale of family assets (rule 15-8)

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C.L.P. v. N.A.D.

Court

Supreme Court of British Columbia

The court found two February 2020 separation agreements were not binding, then ordered retroactive child and spousal support, property and debt offsets, and terms for CCB overpayments.

• Separation agreement validity
• Canada child benefit overclaim
• Imputing income
• Spousal support advisory guidelines
• Section 7 special and extraordinary expenses
• Cpp division

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Green v. Green

Court

Nova Scotia Court of Appeal

The Court dismissed the appeal and the motion for fresh evidence because the proposed fresh evidence failed the Palmer test, the trial judge did not err in law or fact and exercised discretion appropriately in awarding retroactive and prospective child support (including direction to place retroactive amounts in an RESP), setting aside the unsigned and duress‑tainted partial separation agreement, and in dividing property and allocating debts; allegations of bias were unsupported and failed the reasonable‑apprehension standard.

Source excerpt

• Retroactive child support
• Prospective child support
• Section 7 special and extraordinary expenses
• Separation agreement validity and duress
• Admission of fresh evidence (palmer test)
• Reasonable apprehension of bias

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