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S.P. v. C.P.

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopinionevidencefamily
canada, canadian, case law, court opinion, canlii, bcca, 2026bcca348, 2026 bcca 348 (canlii), 2026, bcca, 348, (canlii), ca51007, 2026, family, child support and spousal support, imputed income, federal child support guidelines, s. 19(1)(a), whether intentional under, employment justified imputing income, reasonableness test for earning capacity and reasonable steps to obtain work, full, time minimum wage imputation not supported by evidence, appeal allowed in part, income imputed, evidence, burden of proof, uncontradicted objective evidence, federal child support guidelines, s. 19(1)(a), whether evidentiary burden shifted once intentional under, employment shown, obligation on spouse to adduce probative evidence of full, time earning capacity, failure to engage in requisite reasonableness assessment and misallocation of burden, imputed income increased on appeal, family, parenting time, contempt, wrongful denial of parenting time, whether contempt finding required for deliberate breach of parenting time order, discretion to decline contempt as last resort, restraint in exercising contempt power, consideration of child’s near adult age and autonomy, appeal dismissed, contempt refused, family, child support and spousal support, imputed income based on assets, federal child support guidelines, s. 19(1)(d) and (e), whether income diverted or property not reasonably utilized to generate income, increase in value of financial assets treated as appreciation, not hidden income, no basis for financial disclosure order on appeal record, appeal dismissed on diverted income and property arguments
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