Canada Case Law

Morellato v. Morellato

Court

Supreme Court of British Columbia

Applicant established a material change in circumstances (illness and reduced ability to work leading to sale of business); spousal support should not be terminated but reduced to the mid‑SSAG range and fixed for a term. Court set imputed incomes at $97,000 (applicant) and $50,000 (respondent), fixed duration 15 years from separation ending May 2029, calculated periodic support at $1,234/month and ordered the remaining support for the fixed term paid as a lump sum of $46,892 payable within one month.

Source excerpt

• Variation
• Material change in circumstances
• Spousal support advisory guidelines
• Lump sum spousal support
• Compensatory support
• Non-compensatory support

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Johnson v. Johnson

Court

Supreme Court of British Columbia

The respondent sought a complete retroactive cancellation of spousal support and disputed ongoing entitlement; the court found the claimant achieved substantial success given the respondent's position and conduct (including deliberate breach of an interim order) and therefore awarded the claimant her costs on Scale B.

Source excerpt

• Spousal support
• Variation
• Material change in circumstances
• Costs of litigation

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KS v. DS

Court

Supreme Court of Nova Scotia

The court applied the discretionary framework for costs: where success is mixed and both parties' conduct increased expense or delayed proceedings, costs must be adjusted to do justice; because property outcomes were largely adverse to DS and both parties engaged in conduct affecting costs, the court reserved final costs and ordered a conference with directed filings before making a final award.

Source excerpt

• Parenting
• Child support
• Common law property division
• Enforcement
• Variation
• Costs

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Brooks v. Griggs

Court

Supreme Court of Nova Scotia

Judge found a material change based on respondent's increased post-separation income and termination of child support; fixed incomes at $171,318 (respondent) and $14,008 (applicant); concluded applicant retained compensatory and non-compensatory entitlement; ordered prospective spousal support of $3,400/month commencing July 1, 2025 with no termination date and awarded retroactive spousal support of $44,100 (Oct 1, 2023–June 2025) payable as a lump sum of $21,435 by Sept 5, 2025 and $12,600 by monthly top-ups of $500 starting July 15, 2025.

Source excerpt

• Variation
• Retroactive support
• Entitlement
• Income imputation/determination
• Disclosure
• Enforcement

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Nova Scotia (Director of Maintenance Enforcement) v. D.R.B.

Court

Supreme Court of Nova Scotia

The Director established the arrears and satisfied the presumption under s.37(2); the respondent presented no evidence to rebut the presumption of ability to pay or to challenge the statement of arrears. On that basis the court found the respondent in default without valid reason and, exercising its discretion under s.37(3), entered judgment for $32,399.10 and imposed reporting and disclosure obligations, a structured payment schedule to retire arrears by January 1, 2028, and an intermittent 30-day weekend imprisonment for each default with a warrant to issue on written notice from the Direct…

Source excerpt

• Maintenance arrears
• Presumption of ability to pay
• Variation
• Substituted service
• S.37 remedies
• Payment schedule

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D.A.M. v. F.B.M.

Court

Supreme Court of British Columbia

The court dismissed the respondent’s bid to amend prior support orders, set child support for I.R.M., and ordered ongoing spousal support and costs.

• Variation
• Review
• Guideline income
• Functus officio
• Lump sum spousal support
• Foreclosure

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McLellan v. McLellan

Court

Supreme Court of British Columbia

The court held the spousal-support review was not premature, terminated the monthly support payment effective July 2, 2025, and left pension, bonus, and disclosure obligations in place.

• Retirement
• Variation
• Review
• Prematurity
• Spousal support advisory guidelines
• Spousal-support

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Nova Scotia (Director of Maintenance Enforcement) v. Adeyemi

Court

Supreme Court of Nova Scotia

The Director proved arrears of $17,251.12 as of Dec 18, 2024; the respondent failed to prove inability to pay or a valid reason for default and did not provide full disclosure or credible evidence of diligent efforts to comply; accordingly, under s.37(3) MEA the court ordered a reporting obligation, ongoing prospective payments of $200/month, additional $250/month toward arrears commencing June 30, 2025, intermittent 30‑day imprisonment on default, issuance of warrant on sworn notice, costs of $664.10, and judgment for arrears and costs totalling $17,915.22 with interest at 5% per annum.

Source excerpt

• Arrears
• Default orders
• Variation
• Repayment schedule
• Imprisonment for non‑payment
• Costs and interest

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Houlihan v. Houlihan

Court

Supreme Court of Nova Scotia

The payor's retirement followed employer termination, was not an attempt to avoid obligations, and caused a substantial, long-lasting reduction in income that was not contemplated at the time of the original CRO; accordingly it constituted a material change in circumstances permitting variation and justifying termination of spousal support effective September 30, 2023, with child support confirmed terminated December 2, 2015, and amendment of the CRO as ordered.

Source excerpt

• Variation
• Material change in circumstances
• Retirement
• Termination
• Self-sufficiency

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S.K. v. R.T.N.

Court

Supreme Court of British Columbia

The court held it had jurisdiction to enforce or vary a registered Québec child support order under the ISO Act and awarded unpaid special expenses.

• Jurisdiction
• Enforcement
• Variation
• Reciprocal enforcement (remo/iso)
• Forum non conveniens
• Special expenses (s.7 guidelines)

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