Court File and Parties
COURT FILE NO.: DC-05-002 DATE: June 7, 2005
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
SMITH H., MCGARRY J.F., and MATLOW, P.A.
BETWEEN:
RUDOLF ZEITLHOFER, Applicant
- and - JANICE BONEHAM, Respondent
COUNSEL: M. Currie, for the Applicant R. Stead, for the Respondent
HEARD: June 7, 2005
REASONS FOR RULING
McGarry, J. (Orally):
[1] I would like to advise that the appeal is allowed in part. We wish it known that we agree with the order of Justice Zelinski as of December 17/04 in that the respondent wife is entitled to a spousal support order. We also find, however, the spousal support order that runs for approximately eleven years after separation before it is reviewable based upon the facts of this case is so excessive as to an amount to an error in principle.
[2] The facts are briefly that the wife, who has an Honour’s BA and a Master of Arts, was forty-one at the time of separation. There are no children of the marriage. She had been gainfully employed throughout the twelve year marriage. The spousal support order in this case recognizes the obligations under Section 15 of the Divorce Act. It particularly applies to the economic disadvantage suffered by the respondent wife in supporting her career to the appellant husband but at the same time we are of the view that it must be tailored to promote her economic self-sufficiency within a reasonable period of time. We would, therefore, time limit the order and it will commence December 1, 2004 and run to, but not including, December 1, 2007, be in the amount of $700.00 per month, and at the expiration of the period there will be no provision with respect to an automatic review at that time.
[3] I’m going to ask counsel to make submissions with respect to costs.
Smith, H.
McGarry, J.F.
Matlow, P.A.
FORM 2
Certificate of Transcript Evidence Act, subsection 5(2)
I, Karen Menei, certify that this document is a true and accurate transcript of the recording of Zeitlhofer and Boneham, in Divisional Court, held at Superior Court of Justice, 277 Camelot Street, Thunder Bay, and Province of Ontario.
Karen Menei, Court Reporter Certified Court Reporter