ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 09-43568
DATE: 2012-02-29
BETWEEN: Martin Richard Grimba – and – Elaine Ethel Bossi
Pamela L. Hebner, for the Applicant
Michael B. Wannop, for the Respondent
HEARD: September 27, 28, 30, 2011; October 4, 2011 and February 6, 2012.
THE HONOURABLE MR. JUSTICE P. B. HAMBLY
REASONS FOR JUDGMENT
[ 1 ] This is an application brought by a wife for continued spousal support on the basis of a review provided by a separation agreement. The trial took place over four days. Only the parties gave evidence. A number of documents were filed on consent.
The Facts
[ 2 ] Martin Grimba (“Martin” or the “husband”) and Elaine Bossi (“Elaine” or the “wife”) began living together in Toronto in September 1985. They were married on September 12, 1986. They separated on June 30, 2004. The relationship lasted 19 years less two months. Elaine was born on September 24, 1959. She is 52. Martin was born on January 6, 1958. He is 54. They have the following children:
Evan Grimba: born January 3, 1989, age 23
Curtis Grimba: born October 21, 1992, age 19
They both had graduated from university and were working for Manulife in the provision of financial services when they were married. They began living together in an apartment in Toronto, where Elaine had lived. In July 1986 they purchased a home in Milton. In April 1988 they purchased a home at 103 Culpepper Drive in Waterloo.
[ 3 ] Elaine took a maternity leave from her employment at Manulife after Evan was born of four months and after Curtis was born of six months. When Elaine returned to work after completion of her maternity leaves, Martin and Elaine made arrangements for the children to be in daycare while they were at work. In 1995, Elaine resigned from her employment at Manulife in order that she could be at home to care for the children. From 2000 to 2008 she had part-time employment in the financial services industry. From March 2008, she has worked full-time at Sun Life, also in financial services.
[ 4 ] Martin was employed at Manulife between 1981 and 1987. Between 1987 and 1989, Martin worked at Investors Group for about 14 months. After he ceased working at Investors Group he left the financial services industry for a brief period and worked at Purolator, first as a driver and then as a supervisor. From November 1989 until 1992 he resumed working in the financial services industry with Equitable Life. He returned to Manulife between 1992 and 1998. From 1998 to 2000 he worked as an independent broker. From 2000 he has worked at Assante. From August 2009, he has been a vice president at Assante. He works from an office in Cambridge.
[ 5 ] In August 2004, Martin moved out of the matrimonial home at 103 Culpepper Drive. He purchased a residence at 465 Lausanne Crescent in Waterloo, where he resides alone at the present time. In July 2007, Elaine moved out of the residence at 103 Culpepper Drive. She purchased a house at 151 Ellis Crescent in Waterloo. In August 2011 she sold that home. She currently lives in an apartment at 35 John Street West in Waterloo. She resides alone.
[ 6 ] The parties entered into a separation agreement on December 23, 2005. Each party had competent counsel. Elaine was working part-time. Martin had a "book of business" that he received from his father and from Elaine, from which he received commission income. These sources of income were assumed to generate income for each of $20,000 per year. Spousal support was calculated with the intention of equalizing the parties’ incomes exclusive of these sources of income. Martin agreed to pay guideline child support to Elaine. She was assumed to have no income apart from the spousal support and child support that she received from Martin. Martin's income was assumed to be solely his salary employment income. The spousal support was defined to be ½ the difference between Martin's net income and the child support grossed up to take into account the income tax that Elaine would be required to pay on it. Attached hereto and marked Exhibit “1” is “Schedule 1 Spousal Support Calculation” from the separation agreement illustrating the calculation of spousal support. Martin received a bonus annually based on his and the company's performance in the previous year. The separation agreement required that he share his net bonus after payment of income tax equally with Elaine. The agreement also provided for an equalization of the parties assets based on Elaine purchasing Martin's interest in the matrimonial home. They did this partly by the transfer of pension funds. Also Elaine was required to pay Martin $8,875.53. Attached hereto and marked Exhibit “2” is “Schedule 2 Asset Reconciliation” from the separation agreement. The object was to equalize their assets and for Elaine to purchase Martin’s interest in the matrimonial home. The parties were to share custody of the two boys. They have been alternatively residing between the homes of their parents.
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P.B. HAMBLY J.
Released: February 29, 2012
COURT FILE NO.: 09-43568
DATE: 2012-02-29
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
Martin Richard Grimba Applicant
and –
Elaine Ethel Bossi Respondent
REASONS FOR JUDGMENT
P.B. HAMBLY J.
Released: February 29, 2012
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