Canada Case Law

Edwards v. Edwards

Court

Supreme Court of British Columbia

On the interim application the court imputed $30,000 of additional employment income to Ms. Edwards effective June 1, 2025, otherwise accepted her declared guideline income for the purposes of the application; declines to impute further income based on alleged access to Merom sale proceeds or parental advances on the present record; adjourns determination of retroactive spousal support from Jan 1, 2022 to trial for full evidentiary record; awards interim spousal support effective July 1, 2025; grants divorce; parties bear their own costs.

Source excerpt

• Spousal support
• Child support
• Income imputation
• Disclosure
• Retroactive support
• Variation of consent order

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Nourifard v. Emadzadeh

Court

Supreme Court of British Columbia

The court varied a consent order to let the defendant use $166,076.99 held in trust from share-sale proceeds to pay legal fees, finding he had no other assets.

• Variation of consent order
• Use of sale proceeds to pay legal fees
• Beneficial ownership dispute
• Funds held in trust
• Limitations issues
• Consent-order

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International Royalty Corporation v. Newmont Canada Corporation

Court

Supreme Court of Nova Scotia

The motion to adjourn discoveries is dismissed because, on balance, the prejudice of postponing agreed out-of-country discoveries scheduled months earlier outweighs Newmont's asserted prejudice from late productions; Newmont's production issues arose late in a long-running case and do not justify upsetting the consent schedule; instead Newmont is ordered to make best efforts to produce remaining documents by November 28, 2025 and ancillary remedies (undertakings, interrogatories, further discoveries) remain available.

Source excerpt

• Oppressive conduct
• Good faith contractual performance
• Variation of consent order
• Adjournment of discovery
• Case management

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C.Y.C. v. P.J.H.

Court

Supreme Court of British Columbia

In a family law chambers application, the court dismissed most requests to vary earlier child-support and s. 7 expense determinations, ordered joint funds invested in a GIC, and granted one item by consent.

• S.7 expenses (special and extraordinary expenses)
• Variation of consent order
• Registrar reference and certificate
• Allocation of joint account funds
• Reopening certified amounts
• Investment of joint funds (gic)

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Arora v. Malik

Court

Supreme Court of British Columbia

The court refused to vary the parties’ consent support order beyond the anticipated 2025 review, upheld attributed incomes, denied arrears cancellation, and ordered enforcement and disclosure.

• Variation of consent order
• Material change of circumstances
• Guideline income attribution
• Arrears cancellation
• Security for support (charging order)
• Document production/disclosure

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S.R.C. v. E.C.

Court

Supreme Court of British Columbia

The court varied a consent child-support order after finding the claimant’s income had increased and rejecting the respondent’s request for a retroactive decrease.

• Variation of consent order
• Retroactive child support
• Imputation of income
• Financial disclosure
• Extraordinary expenses
• Costs

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KS v. DS

Court

Supreme Court of Nova Scotia

2025 NSSC 198

Source excerpt

• Cohabitation agreement validity
• Unjust enrichment
• Joint family venture
• Division of cohabitation property
• Parenting time and decision-making
• Variation of consent order

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Marchand v King

Court

Supreme Court of Nova Scotia

There was a material, unforeseeable change (mother moved to Quebec) but the Kings have substantially complied with the 2018 Consent Order; balancing the statutory best interest factors shows relocation would be significantly disruptive to Bailey who has flourished in the Kings' primary care, so primary care and final decision-making remain with the Kings while specified extended parenting time is granted to Ms. Marchand.

Source excerpt

• Best interests of the child
• Parenting time
• Change of circumstances
• Burden of proof
• Variation of consent order

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S.L.D. v. W.A.D.

Court

Supreme Court of British Columbia

The court refused to set aside a family-law consent order in full, but varied child support and section 7 terms, averaged the respondent’s income, and ordered arrears and disclosure.

• Variation of consent order
• Guidelines income determination and averaging
• Imputation of investment income
• Section 7 expenses (post-secondary and other)
• Unconscionability and vulnerability
• Severability of agreement terms

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P.D.D. v. A.G.H.

Court

Supreme Court of British Columbia

The court fixed child-support incomes after rejecting unsupported rental deductions, varied a consent order on access costs and s. 7 expenses, and imposed a disclosure fine.

• Imputed income
• Retroactive child support
• Variation of consent order
• Disclosure obligations
• Section 7 special expenses
• Fines for non-compliance

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