DATE: 20010430

DOCKET: C33776

COURT OF APPEAL FOR ONTARIO

MORDEN, MOLDAVER AND MACPHERSON JJ.A.

B E T W E E N:

NICOLA JANE ADAMS

Ian R. Fisher for the respondent

Petitioner (Respondent)

• and -

HOWARD FRANKLYN ADAMS

Terry W. Hainsworth

for the appellant

Respondent (Appellant)

HEARD: January 25, 2001

On appeal from the judgment of Justice Terrence Patterson dated February 2, 2000.

MACPHERSON J.A.:

A. INTRODUCTION

[1] Dr. Howard Adams and Mrs. Nicola Adams separated in 1996 after a 17-year marriage. Dr. Adams was a successful plastic surgeon in Windsor. Mrs. Adams was a qualified nurse. However, throughout most of the marriage she stayed at home to look after the children.

[2] In the divorce proceedings which followed the separation, many matters were resolved by agreement of the parties. However, differences arose with respect to child and spousal support and two components of the equalization of family property, namely Dr. Adams’ membership in a golf club and the mortgage payments he made after the separation. These issues were determined by Patterson J. in written reasons released on February 2, 2000. Dr. Adams has appealed the trial judge’s decision on these issues.[^1]

B. FACTUAL BACKGROUND

(1) The parties and the events

[3] In 1977, Howard Adams was completing his residency in plastic surgery at Montreal General Hospital. In the same year, Nicola Adams, a young British nurse, came to Canada. She obtained employment as an operating room nurse at Montreal General Hospital. Howard and Nicola met and, after a courtship of approximately one year, married in a ceremony in Southampton, England in May 1979.

[4] In July 1980, the Adams’ first son was born. Mrs. Adams left her employment as a nurse. Essentially, from that time forward, she devoted herself “to be a house maker and raise the children”. Four more sons were born in 1982, 1986, 1988 and 1989. Another child was stillborn in 1984.

[5] In 1981, following the completion of Dr. Adams’ residency, the family moved to Windsor. Dr. Adams established a practice in his specialty of plastic surgery. He has a busy and successful practice which includes operating privileges at two hospitals in Windsor.

[6] The parties separated in October 1996. Following the separation, until the pronouncement of an interim support order in June 1998, the parties had no formal financial arrangements. Dr. Adams paid the bills and provided Mrs. Adams with additional cash. The children continued to reside in the matrimonial home with their mother. Dr. Adams resided in an apartment in Windsor.

[7] Pursuant to the interim support order in June 1998, Mrs. Adams became responsible for all of the household expenses. Dr. Adams paid interim child support of $7327 a month and interim spousal support of $2700 a month.

(2) The divorce proceedings

[8] In September 1997, Mrs. Adams commenced divorce proceedings. The parties were able to resolve many issues. However, several issues became intractable and proceeded to trial before Patterson J. in January 2000.

[9] There was a major disagreement on the question of spousal support. Mrs. Adams sought $7000 per month; Dr. Adams proposed $3000.

[10] There was a minor disagreement on the issue of child support. The parties agreed that Dr. Adams’ obligation to pay child support should follow the Child Support Guidelines (Family Law Act), O. Reg. 391/97 (“Guidelines”). However, they disagreed about how Dr. Adams’ income should be calculated for the purpose of quantifying this obligation. Dr. Adams took the position that his income for 1998 – $372,220 – should be used. Mrs. Adams submitted that her husband’s average income for 1996,