Court File and Parties
DATE: December 3, 2024 COURT FILE NO.: FO-07-43127
ONTARIO COURT OF JUSTICE
B E T W E E N:
THE DIRECTOR OF THE FAMILY RESPONSIBILITY OFFICE FOR THE BENEFIT OF DIANA SAHID
APPLICANT
DIANE GILLIES, for the APPLICANT
- and -
BHOJNARINE RAMGOPAUL
RESPONDENT
SHEREBANU ABDULHUSEIN, duty counsel, assisting the RESPONDENT
AND
COURT FILE NO.: FO-16-90605
THE DIRECTOR OF THE FAMILY RESPONSIBILITY OFFICE FOR THE BENEFIT OF KRISTINA BHANSINGH
APPLICANT
DIANE GILLIES for the APPLICANT
- and -
BHOJNARINE RAMGOPAUL
RESPONDENT
SHEREBANU ABDULHUSEIN, duty counsel, assisting the RESPONDENT
JUSTICE S.B. SHERR
Both Cases Heard: December 3 2024
Endorsement
Part One – Introduction
[1] On November 8, 2024, the court released its reasons for decision after hearing the default hearings in these cases (the Sahid case and the Bhansingh case). See: Ontario (Director, Family Responsibility Office) v. Ramgopaul, 2024 ONCJ 562.
[2] The court made the following default orders in the Sahid case.
a) Child support arrears are fixed in the sum of $40,141,42 as of November 5, 2024.
b) Bhojnarine Ramgopaul (the payor) shall be committed to jail immediately for 80 days, or until such earlier time as he pays $12,000 towards the arrears.
c) The payor shall pay the balance of the arrears as follows:
i. $5,000 by March 1, 2025
ii. $5,000 by June 1, 2025
iii. $5,000 by September 1, 2025
iv. $5,000 by December 1, 2025
v. $5,000 by March 1, 2026
vi. The balance by June 1, 2026.
d) The payor shall be committed to jail for 30 days for each of these payments in default, or until such earlier time as he makes the payments in full.
e) The payor shall also pay the ongoing child support payments of $768 each month starting on December 1, 2024. He shall be committed to jail for 3 days for each of these payments in default, or until such earlier time as he makes these payments in full.
f) The maximum length of time, cumulatively, that the payor can be imprisoned under this default order is 180 days.
[3] The court made the following default orders in the Bhansingh case:
a) Child support arrears are fixed in the sum of $11,075, as of November 4, 2024.
b) The payor shall be committed to jail immediately for 20 days, or until such earlier time as he pays $3,000 towards the arrears.
c) The payor shall pay the balance of the arrears as follows:
i. $1,200 by March 1, 2025
ii. $1,200 by June 1, 2025
iii. $1,200 by September 1, 2025
iv. $1,200 by December 1, 2026
v. $1,200 by March 1, 2026
vi. The balance owing by June 1, 2026
d) The payor shall be committed to jail for 10 days for each of these payments in default, or until such earlier time as he makes the payments in full.
e) The payor shall also pay the ongoing child support payments of $347 each month starting on December 1, 2024. He shall be committed to jail for 3 days for each of these payments in default, or until such earlier time as he makes these payments in full.
f) The maximum length of time, cumulatively, that the payor can be imprisoned under this default order is 180 days.
[4] The court ordered that the periods of incarceration set out in the Sahid and Bhansingh cases shall run consecutively.
[5] The court further ordered that both matters would return to court on December 3, 2024, at 3:30 p.m. The warrants of committal were ordered to be held in abeyance and not enforced until that date. This gave the payor the opportunity to make the required payments and not be sent to jail.
Part Two – The appearance on December 3, 2024
[6] The payor attended court on December 3, 2024. He was assisted by duty counsel.
[7] The payor provided the Director with a bank draft at court for $16,133. This means he satisfied the default orders to make immediate lump sum payments in both the Sahid and Bhansingh cases. It also covered his obligation to make ongoing support payments, starting on December 1, 2024, in both cases.
Part Three – Order
[8] Orders shall go as follows:
a) The warrant of committal issued on November 8, 2024 in the Sahid case is rescinded.
b) The warrant of committal issued on November 8, 2024 in the Bhansingh case is rescinded.
[9] The Default Hearings in both cases are complete.
Released: December 3, 2024
Justice S.B. Sherr