Canada Case Law

Fulton v. Harvey-Fulton

Court

Supreme Court of British Columbia

Section 4.1(c) fixes spousal support for October 1, 2012 to October 1, 2028 based on the parties' incomes as of October 2012 and does not mandate automatic annual adjustments; adjustments require a review triggered by a material change in circumstances under ss.4.2 and 4.4 as constrained by ss.4.1(c) and 4.3, and the claimant complied with the insurance obligation so the respondent's enforcement application is dismissed.

Source excerpt

• Separation agreement interpretation
• Spousal support review
• Life insurance obligation
• Mediation clause

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C.R.D. v. A.A.D.

Court

Supreme Court of British Columbia

The court varied child support prospectively from 2022, terminated spousal support effective September 1, 2020, and denied earlier retroactive reductions and a s. 211 report.

• Retroactive variation of support
• Material change in circumstances
• Disclosure obligations
• Child support guidelines
• Spousal support review
• Views of the child report (s.211 fla)

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Howell v. Howell

Court

Supreme Court of British Columbia

The court terminated ongoing spousal support after finding the claimant’s re-partnering justified progressive reduction and that excess payments covered the remaining entitlement.

• Spousal support review
• Re‑partnering
• Merger over time
• Compensatory support
• Non‑compensatory support
• Quantum and duration

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Jordan v. Zanni

Court

Supreme Court of British Columbia

The court enforced the separation agreement, awarded spousal support and bonus arrears in part, and reviewed support to a reduced term ending in 2027.

• Spousal support review
• Support arrears
• Separation agreement enforcement
• Termination of support
• Bonus payment division
• Post-secondary expenses

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Gartner v. Gartner

Court

Supreme Court of British Columbia

On review of a spousal support order, the Court held the review was limited to quantum, imputed income to both parties, and set support at $550 monthly until June 1, 2026.

• Spousal support review
• Imputation of income
• Consent order interpretation
• Duration of support
• Pension division/double-dipping
• Spousal-support-review

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Evans v. Evans

Court

Supreme Court of British Columbia

The court partially granted a support variation application, ordering child support recalculation from January 1, 2020, confirming J remained a child of the marriage through 2019, and leaving spousal support for later disclosure.

• Child support variation
• Spousal support review
• Retroactive variation
• Child of the marriage declaration
• Income determination and imputation
• Treatment of rrsp withdrawals and signing bonuses

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Garnier v Garnier

Court

Supreme Court of Nova Scotia

The applicant was the successful litigant because her trial position most closely matched the court's decision; balancing Rule 77, proportionality, disclosure failures, inappropriate litigation conduct, the limited complexity of the review hearing, and the special treatment of self‑represented litigants, an award of $1,000 plus specified disbursements ($2,008.89 total) was appropriate as of October 20, 2023.

Source excerpt

• Costs assessment
• Spousal support review
• Pension division
• Disclosure failures
• Litigation conduct
• Allegations of interpersonal violence

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Robins v. Robins

Court

Supreme Court of British Columbia

The court granted divorce, upheld the separation agreement’s spousal support quantum, but reduced the support duration on review and awarded costs to the respondent.

• Separation agreement review
• Spousal support review
• Miglin two-stage analysis
• Imputation of income
• Duration of support
• Costs

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Bradford v. Bradford

Court

Supreme Court of British Columbia

Review of spousal and child support in a divorce matter. The court excluded cell-phone evidence, imputed part of tax-free home-share payments as income, and continued support.

• Spousal support review
• Child support adjustment
• Imputation of non-taxable benefits as income
• Admissibility of evidence under privacy act
• Section 7 extraordinary expenses
• Spousal pension and rrsp rollover

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Hamilton v. Brownsword

Court

Supreme Court of British Columbia

The court dismissed a husband’s application to review a 2012 spousal support order, finding the order only allowed review if specified trigger events occurred.

• Spousal support review
• Consent order interpretation
• Review vs variation
• Imputation of income
• Spousal support advisory guidelines
• Entitlement threshold

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