CITATION: VEZINA v. RODRIGUE, 2011 ONSC 1581
COURT FILE NO.: DC10-00196-00
DATE: 20110311
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, GRAY, RAMSAY JJ.
B E T W E E N:
ROBERT OMAR VEZINA
S. MacCORMAC
for the Applicant
Applicant
- and -
PAULINE DIANE RODRIGUE (formerly Vezina)
L. KAMIN
for the Respondent
Respondent
Heard at Newmarket: March 10, 2011
ENDORSEMENT
JENNINGS J.
[1] The reasons of the trial judge are less than brief. It is apparent from them, however, that he failed to appreciate the uncontested evidence that the appellant’s income had been reduced by about fifty percent from what it was when the support order was fixed.
[2] The trial judge did not attempt an income averaging calculation.
[3] Evidence before the trial judge was that the S.S.A.G. guidelines for an income of the payer of $38,000 and an income of the payee of $16,000 back at which was that imputed by the arbitrator in 2008 and accepted as continuing by the trial judge (would suggest a range for spousal support of between $446 to $595 per month, with the midpoint of $520.)
[4] Given the silence of the reasons for failing to consult the S.S.A.G. and for rejecting the appellant’s evidence of his income, we owe little deference to the trial judge’s reasons.
[5] There is sufficient evidence before us to permit us to determine the appropriate quantum of support which we fix at $525 a month.
[6] There is insufficient evidence to warrant or determine whether any variation in imputed income should be made at this time.
[7] The appeal is allowed to the extent indicated.
[8] Paragraph 1 of the order Little, J. is set aside and replaced with an order that periodic spousal support be fixed at $525 per month, payable unless and until that sum is later varied.
[9] Costs fixed at $2000, inclusive, payable forthwith.
JENNINGS, J.
GRAY, J.
RAMSAY, J.
Released: March 11, 2011
CITATION: VEZINA v. RODRIGUE, 2011 ONSC 1581
COURT FILE NO.: DC10-00196-00
DATE: 20110311
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, GRAY, RAMSAY JJ.
BETWEEN:
ROBERT OMAR VEZINA
Applicant
- and -
PAULINE DIANE RODRIGUE (formerly Vezina)
Respondent
REASONS FOR JUDGMENT
Released: March 11, 2011