This Month in Nova Scotia Family Law – April 2024

Hanak v Hanak, 2024 NSCA 44 Judge: Justice Elizabeth Van den Eynden Subject: Appeal of an Interim Order, Imputation of Income, Fresh Evidence Summary: Mr. Hanak sought leave to appeal from an interim order, which imputed his income at $200,000 for the purpose of determining his support obligations.  He argued instead that his annual income should be […]

This Month in Nova Scotia Family Law – March 2024

Fox v. Muise, 2024, NSSC 50 Judge: Honourable Justice Theresa M Forgeron Subject: Child Support, Unjust Enrichment Summary:  Leonard Fox and Margaret Muise have two children born in 2001 and 2004 from a common-law relationship that ended in 2010. In 2012-2013, a contested hearing decided on parenting, child support, and unjust enrichment. Mr. Fox seeks to […]

This Month in Nova Scotia Family Law – February 2024

Owda v Hussini, 2024 NSSC 23 Judge: Honourable Justice Cindy Cormier Subject: Relocation, Parenting Time, Child Support Summary: Ms. Owda filed an initial application under the Parenting and Support Act to seek to have Mr. Hussini pay child support. The mother claimed that Mr. Hussini was not contributing to the children’s expenses and that he […]

This Month in Nova Scotia Family Law – January 2024

Kulu v. Atuanya, 2024 NSSC 2 Judge: Honourable Justice Theresa Forgeron Subject: Parenting and Child Support Summary: The parties were in a brief relationship in March 2007. There is one child of the relationship, B. He is seventeen years old. The mother lives in Nova Scotia and the father lives in the USA. B has […]

This Month in Nova Scotia Family Law – December 2023

Strait-Hinnerichsen v Strait-Hinnerichsen, 2023 NSSC 340. Judge: Honourable Justice Ingersoll Subject: Division of Assets, Unequal Division, Parenting, Child Support, and Special and Extraordinary expenses. Summary: The parties separated after almost 20 years of marriage. They have agreed to a shared parenting arrangement. Each issue in this decision will be discussed separately below. The first issue concerned […]

This Month in Nova Scotia Family Law – October 2023

Davis v Harrison, 2023 NSCA 74 Judges: Justice Anne S. Derrick; Chief Justice Michael J. Wood and Justice Joel E. Fichaud concurring Subject Matter: Matrimonial property; Pension division; s. 13 MPA; Costs; Fresh Evidence Summary: The parties were married for 20 years. The contested issues at trial included the division of the appellant’s Canadian Armed […]

This Month in Nova Scotia Family Law – September 2023

Moore v Moore, 2023 NSSC 285 Judge: The Honourable Justice Elizabeth Jollimore Subject:  Decision-making Responsibility, Mootness Summary: The parties resolved their claims regarding child support and parenting time in mid-2019 but were unable to agree on decision-making responsibility of their son. The parties’ son will turn 18 within the next six weeks. Ms. Moore sought […]

This Month in Nova Scotia Family Law – July 2023

R.H. v A.L.S., 2023 NSSC 171 Judge: Justice Samuel Moreau Subject: Primary Care; Parental Decision Making; Parenting Time Summary: The parties separated in 2020 after 13 years of marriage.  The separation had been highly contentious.  The father, R.H., sought primary care and decision-making responsibilities for their 8-year-old child, while reducing the mother’s parenting time.  The […]

This Month in Nova Scotia Family Law – May 2023

Anderson v. Anderson, 2023 SCC 13 Judge: Justice Karakatsanis Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agreement without disclosing their individual finances or seeking independent […]

This Month in New Brunswick Family Law – April 2023

GM v JG, 2023 NBKB 57 Justice Danys R.X. Delaquis Subject Matter: Parenting Orders | Jurisdiction The parties have a 5-year-old child, who was born in New York. The Applicant is a Canadian citizen living in Saint John and the Respondent is an American citizen living in New York. The child has dual citizenship. The […]