Canada Case Law

Wolfson v. Wolfson

Court

Supreme Court of Nova Scotia

The court denied bifurcation and refused to reopen the trial; it ordered that Mr. Wolfson may pay the full equalization transfer of $4,548,134 by March 24, 2022 with no interest to achieve a clean break, but if not paid by that date he must pay $1,000,000 by March 24, 2022 and the balance $3,548,134 in two instalments due March 30, 2030 and March 30, 2031 with simple interest at 8% from Sept 3, 2021, secured by registerable mortgages on specified properties and by life insurance naming Ms. Wolfson irrevocable beneficiary; it fixed spousal support at $13,914 per month from Sept 2021 (subject t…

Source excerpt

• Equalization payment
• Security and mortgage
• Interest on deferred payments
• Spousal support quantum
• Section 7 expenses
• Life and health insurance

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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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Stoodley v. Stoodley

Court

Newfoundland and Labrador Court of Appeal

Trial judge erred by basing spousal support exclusively on post-separation income; spousal support must be set by reference to established factors (including pre-separation income and lifestyle) and limited role of Guidelines above $350,000; accordingly the Court of Appeal reduced ongoing spousal support to $24,000/month (commencing Oct 1, 2014 until payor attains 65, subject to review), confirmed retroactive liability of $389,128 for specified periods, held RRSPs must be valued at rollover/transfer date, and dismissed the cross-appeal seeking increased share of retention bonus/dividends.

Source excerpt

• Spousal support quantum
• Retroactive spousal support
• Rrsp valuation date
• Spousal support advisory guidelines
• Treatment of travel points
• Division of retention bonus and dividends

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M.M. v. L.M.

Court

Supreme Court of British Columbia

Family law trial on parenting, support, property division, and injunction. The court ordered shared parenting, child and spousal support, equal division of property, and dismissed the injunction claim.

• Parenting arrangements
• Guardianship
• Child support
• Equalization of family property
• Business valuation
• Tax consequences of asset transfer

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Fedyk v. Fedyk

Court

Supreme Court of British Columbia

Trial reasons in a family dispute fixing spousal support, rejecting pre-marriage cohabitation, and approving agreed property adjustments and review terms.

• Spousal support quantum
• Cohabitation determination
• Income attribution
• Spousal support advisory guidelines
• Asset credits and equalization
• Periodic review mechanism

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Halliwell v. Halliwell

Court

Court of Appeal for Ontario

The Court of Appeal upheld the trial judge's equalization valuation and rejected the appellant's valuation challenges but found legal error in the spousal support calculation because the trial judge failed to account for the effect of a substantial equalization payment on entitlement and did not impute investment income to the respondent for funds she will receive; the court therefore varied the support by applying the SSAGs to an adjusted payor income of $675,000 (midpoint) resulting in ongoing spousal support of $20,000/month from Jan 1, 2016 and retroactive support recalculated to $21,000/…

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• Equalization of net family property
• Spousal support quantum
• Imputation of income
• Business valuation
• Double recovery/double dipping
• Application of spousal support advisory guidelines

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Staehli v. Staehli

Court

Supreme Court of British Columbia

Trial judgment on family property, spousal support and divorce. The court found the relationship began in June 2006 and awarded the claimant several property interests and ongoing support.

• Marriage-like relationship duration
• Family property and excluded property
• Unequal division / significant unfairness
• Valuation date of family property
• Treatment of stock options
• Spousal support quantum

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Beaupre v. Beaupre

Court

Supreme Court of Nova Scotia

Mackenzie remains a child of the marriage because she is under the age of majority and has not withdrawn from her mother's charge and is not financially self-sufficient given Band support and student expenses; Mr. Beaupre's annual income was calculated at $69,003.02 for child support purposes; applying Guidelines s.3(2)(b) and assessing means and needs, limited child support of $150 per month for May-August each year for Mackenzie is appropriate beginning May 2015; spousal support of $1,155 per month is payable by Mr. Beaupre commencing October 31, 2014; divorce is granted and pension divisio…

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• Child of the marriage
• Income determination
• Federal child support guidelines
• Spousal support quantum
• Age of majority
• Variation/pragmatic adjudication

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Rocco v. Rocco

Court

Court of Appeal for Ontario

Appeal dismissed: trial judge properly exercised discretion to award $200,000 lump sum spousal support because appellant unilaterally terminated the partnership, diverted substantial commissions, and his criminal conduct and conduct after separation caused respondent economic hardship and inability to access business; lump sum appropriate given animosity, non-payment history, need for retroactive relief and capital; fresh evidence excluded because it would not have changed the result.

Source excerpt

• Lump sum spousal support
• Limited-term/transitional support
• Fresh evidence on appeal
• Imputing income
• Misconduct and support
• Spousal support quantum

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Ortynski v. Ortynski

Court

Supreme Court of British Columbia

The court fixed income for support, declined to appoint a parenting coordinator, ordered child and spousal support, and left the family company in specie with indemnity terms.

• Shared custody (s.9 child support guidelines)
• Imputation of income
• Business valuation and division of shares
• Parenting coordinator
• Child support set-off and deviation
• Spousal support quantum

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