DIVISIONAL COURT FILE NO.: DC 11-303
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, McCARTNEY, SWINTON J.J.
BETWEEN:
SCOTT RICHARD GRADY Appellant
– and –
CARRIE LYNN GRADY Respondent
Appeared in person
Appeared in person
HEARD: at Hamilton October 25, 2011
ENDORSEMENT
Background
1Mr. Grady appeals from the decision of C. Brown J. delivered May 26, 2011 requiring him to pay spousal support, including a payment on account of arrears, in the amount of $1400.00 per month.
2The marriage lasted approximately seventeen years. Mr. Grady pays child support for his fourteen year old son pursuant to a previous order of approximately $842.00 per month.
3The evidence before Brown J. was that Mr. Grady had a taxable income of $89,000 per year and that Mrs. Grady’s income since separation has declined to $22,000 per year.
Analysis
4The trial judge gave careful and full reasons for her finding that Ms. Grady was in need of support, and her award was slightly below the midpoint of the suggested guideline award for the incomes that were before her.
5The trial judge made no errors of fact or law. We are not able to retry the matter and substitute an award different from the one under review. It was an appropriate order on the evidence that was before the trial judge.
6Accordingly, the appeal must be dismissed.
Additional Comments
7We would add the following. This is another of the growing number of cases where lay persons are forced by economic circumstances to appear without counsel on what can be difficult and complex matters. Had Mr. Grady received competent legal advice, he might well have abandoned his appeal and brought a variation application. We were informed during submissions that since the trial, the following has transpired:
a) Mr. Grady has been transferred to an under-performing store which will impact upon his bonus and stock grant income which he earns over his base salary of $65,000 per year;
b) He is on medical leave from his employment to take radiation therapy for a recently diagnosed serious illness;
c) If he is unable to resume his employment by February 2012, his income will be reduced to one-half of his present salary; and
d) Mr. Grady’s home has a market value below the amount of the mortgage on it and he has been unable to sell the property.
8These matters were obviously not before the trial judge. We have advised Mr. Grady of his right to seek a variation of the spousal support award.
Disposition
9The appeal is dismissed. This is not a case for costs.
JENNINGS J.
McCARTNEY J.
SWINTON J.
Released: October 27, 2011
CITATION: Grady v. Grady, 2011 ONSC 6406
DIVISIONAL COURT FILE NO.: DC 11-303
DATE: 2011/10/27
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SCOTT RICHARD GRADY
BETWEEN:
CARRIE LYNN GRADY
ENDORSEMENT
JENNINGS, McCARTNEY, SWINTON J.J.
Released: October 27, 2011