Canada Case Law

Loehr v. Loehr

Court

Supreme Court of British Columbia

The court imputed the respondent's 2024 Guideline income at $195,309 and his 2025 income at $180,000 (three-year average), imputed the claimant's Guideline income at $70,000, declined to grant the respondent a retroactive variation to January 1, 2024 or to terminate spousal support as of November 1, 2024, ordered spousal support payable in the SSAG mid-range based on imputed incomes from July 1, 2025 until June 2029, ordered child support to reflect the imputed incomes and the claimant's full-time parenting from February 1, 2024, and ordered each party to bear their own costs.

Source excerpt

• Income imputation
• Variation/review of support
• Retroactive support
• Spousal support duration
• Parenting time impact

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Jinha v. Devji-Jamani

Court

British Columbia Court of Appeal

Court of Appeal partly allowed a family law appeal, increasing child support arrears, but upheld the spousal support and costs orders.

• Miglin analysis
• Separation agreement interpretation
• Child support arrears
• Spousal support duration
• Standard of review for discretionary family decisions
• Family-law

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J.M.P. v. E.J.P.

Court

Supreme Court of British Columbia

Family law judgment awarding child support, spousal support, and arrears, with an indefinite spousal support order subject to review in two years.

• Spousal support entitlement
• Spousal support quantum
• Spousal support duration
• Child support calculation
• Child support arrears
• Income imputation

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P.J.L. v. C.A.L.

Court

Supreme Court of British Columbia

British Columbia Supreme Court case on child support, spousal support, and property division, with related foreclosure proceeds held in court.

• Spousal support duration
• Child support termination
• Division of property
• Maintenance enforcement
• Summary trial suitability
• Disability and support

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W.R.M. v. D.K.M.

Court

Supreme Court of British Columbia

Family law trial dividing property, pensions, and support after separation. The court granted divorce, found some assets excluded, and set ongoing support.

• Division of family property
• Excluded property
• Imputed income
• Spousal support duration
• Child support guidelines
• Section 7 extraordinary expenses

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Drover v. Drover

Court

Newfoundland and Labrador Court of Appeal

The Court of Appeal found no reviewable error: the trial judge properly applied the Child Support Guidelines and exercised discretion to impute income under s.19 (not s.18), reasonably quantified imputed income (adding $30,000 for 2013-2015, $25,000 for 2016 and $15,000 for 2017 based on evidence including a loan application stating $85,000), lawfully fixed spousal support duration at 7.5 years ending August 30, 2020 after considering s.15.2 factors and objectives, and reasonably set retroactive spousal support at $1,500/month Apr 1, 2013–Dec 31, 2016 and $1,250/month for 2017; appeal dismiss…

Source excerpt

• Income imputation
• Spousal support duration
• Retroactive support
• Administrative recalculation
• Child support guidelines interpretation

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Namdarpour v. Vahman

Court

Supreme Court of British Columbia

Supplementary reasons clarifying valuation, shareholder loan treatment, and spousal support in a family law dispute. The court also refused an occupational rent claim and did not enforce the Mahr.

• Mahr (foreign marriage agreement)
• Valuation date and method
• Shareholder loan treatment
• Spousal support duration
• Double recovery doctrine
• Occupational rent

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K.B. v. J.B.

Court

Supreme Court of British Columbia

The court refused to reopen trial property valuations, dismissed J.B.'s Indian property claim, ordered execution of title documents, and fixed support to January 2022.

• Valuation and reopening of trials
• Resulting trust
• In personam jurisdiction over foreign immovables
• Special costs
• Spousal support duration
• Parenting time and exchanges

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K.D. v. N.D.

Court

British Columbia Court of Appeal

Appeal dismissed in a spousal support review. The Court upheld an indefinite support order, the refusal to fix a future review, and the use of gross income as the SSAG starting point.

• Spousal support duration
• Imputed income
• Spousal support advisory guidelines
• Self-sufficiency
• Variation and review
• Interaction with child support

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B.R.T. v. J.L.T.T.

Court

Supreme Court of British Columbia

Family law judgment ordering shared parenting, imputing income to the wife, setting child support on a shared-custody set-off basis, and awarding limited spousal support.

• Shared parenting
• Imputation of income
• Extraordinary expenses
• Division of matrimonial home
• Spousal support duration
• Costs

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