Canada Case Law

R.L. v. M.F.

Court

Court of Appeal for Ontario

Appeal dismissed; trial judge correctly found respondent had both compensatory and non-compensatory entitlement despite an imputed income, properly exercised discretion in applying SSAG and NDI analysis to fix spousal support at $20,000 per month for 9.5 years (commencing Jan 1, 2023 and terminating Aug 1, 2032), properly included appellant's post-separation income for partial sharing, did not err in receiving support calculations, and permissibly awarded prejudgment interest on the $474,744.36 equalization payment; no appellate intervention warranted.

Source excerpt

• Spousal support
• Income imputation
• Spousal support advisory guidelines (ssag)
• Prejudgment interest
• Equalization of net family property
• Child support

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E.K. v. M.L.F.

Court

Supreme Court of British Columbia

Court upheld a November 2020 spousal support agreement, finding no procedural unfairness or significant unfairness, and ordered equal sharing of a s. 211 report cost.

• Section 164 family law act
• Spousal support advisory guidelines (ssag)
• Misrepresentation
• Failure to disclose
• Significant unfairness
• Section 211 psychological report

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Hamilton v. Brownsword

Court

Supreme Court of British Columbia

The court recalculated child support for an adult disabled child by deducting disability benefits from the Guidelines amount, denied a spousal support end date, and refused to reduce life insurance security.

• Federal child support guidelines s.3(2) analysis
• Retroactive variation of support
• Spousal support advisory guidelines (ssag)
• Life insurance as security for support
• Caregiver recognition in support calculations
• Child-support-guidelines

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Lehenbauer v. Kristinson

Court

Supreme Court of British Columbia

The court dismissed retroactive spousal support claims, found ongoing non-compensatory entitlement, set guideline incomes, and ordered transitional support at the SSAG low end.

• Spousal support entitlement
• Retroactive support and adjustment
• Spousal support advisory guidelines (ssag)
• Guideline income determination
• Imputation of income
• Disclosure obligations

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S.O.G. v. A.L.G.

Court

Supreme Court of British Columbia

The court ordered retroactive and ongoing child and spousal support, fixed limited s. 7 expenses, adjourned the sale application, and awarded costs to A.L.G.

• Retroactive child support
• Prospective child support
• Interim spousal support
• Spousal support advisory guidelines (ssag)
• Section 7 extraordinary expenses
• Payment method and currency conversion

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Zandbergen v. Craig

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal from a family law support variation order, holding that paying spousal support beyond the SSAG range was not itself a material change.

• Variation of spousal support
• Material change in circumstances
• Spousal support advisory guidelines (ssag)
• Duration and quantum of support
• Standard of appellate review
• Spousal-support

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Leger v. Leger

Court

Supreme Court of British Columbia

The court refused to end spousal support or cancel arrears, but varied support upward after child support ended. The monthly spousal support was set at $3,964.

• Variation of spousal support
• Cancellation/reduction of arrears
• Spousal support advisory guidelines (ssag)
• Imputed income
• Maintenance enforcement (fmep)
• Costs

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M.T. v. J.S.

Court

Supreme Court of British Columbia

Court varied child support and spousal support after a review triggered by a sharp income increase, limited C1 support to a transition period, and set C2 support under s. 3(2)(b).

• Review of quantum
• Guidelines income
• S. 7 expenses
• Spousal support advisory guidelines (ssag)
• Definition of child of the marriage
• S.3(2)(a) v. s.3(2)(b) guidelines

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McMillan v. McMillan

Court

British Columbia Court of Appeal

Leave to appeal was granted from an interim spousal support order that reduced SSAG support by 50% of the market rent of the Richmond property.

• Interim spousal support
• Spousal support advisory guidelines (ssag)
• Compelling financial circumstances exception
• Occupation rent
• Leave to appeal
• S.167 family law act

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Larkin v. Maclnnes

Court

Supreme Court of British Columbia

The court dismissed both summary trial applications in a family law dispute, finding the record too incomplete and contested to decide spousal support or income imputation.

• Summary trial suitability
• Imputing income
• Spousal support advisory guidelines (ssag)
• Compensatory support
• Medical evidence
• Credibility assessment

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