SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: FS-12-1587-00
DATE: 2012-07-12

RE: OSCAR ENRIQUE SEMPRUN, Applicant

AND

THAIS RAMONA LOYO, Respondent

BEFORE: M.J. DONOHUE J.

COUNSEL:
ELENA MAZINANI, for the Applicant

OBY REGINA EJIDIKE, for the Respondent

HEARD: June 22, 2012

ENDORSEMENT

[ 1 ] The parties were married in Venezuela on March 3, 2006.

[ 2 ] The applicant, Mr. Semprun, sponsored the respondent, Ms. Loyo, and her two children to Canada and they arrived in Canada as permanent residents on February 9, 2008. Her two children are ages 17 and 22 years old.

[ 3 ] The respondent returned to Venezuela on December 22, 2009, roughly 20 months after she arrived in Canada. A medical report dated April 18, 2011 states that she was ill and had chemotherapy in January and February of 2010 while in Venezuela.

[ 4 ] She returned to Canada in June 2011 and was advised by the applicant that he was filing for divorce and planned to sell the matrimonial home.

[ 5 ] The court application was issued on April 8, 2011, and served on the respondent in Venezuela on April 26, 2011, so it would not have been a surprise to the respondent the news she received in June 2011.

[ 6 ] The respondent did not respond to the application.

[ 7 ] There is affidavit evidence by Karenia Castillo Viamontes, who is employed at Mazinani Law Offices, and is the assistant to counsel for the applicant, Ms. Elena Mazinani. She advises that the respondent contacted their office advising she wished to settle the issues by separation agreement. Ms. Viamontes states this occurred in August 2011. She states the respondent was never at their law offices. The applicant concurs.

[ 8 ] The separation agreement was drafted by Ms. Mazinani’s office. It was mailed to the respondent on November 5, 2011. Approximately one month later the respondent signed the agreement on December 9, 2011. It was witnessed by the respondent’s roommate Stanley Parent.

[ 9 ] The respondent seeks to set aside the agreement saying she was bullied into it by the applicant’s counsel. The evidence belies this.

[ 10 ] The respondent seeks to set aside the agreement saying she did not have the opportunity to obtain legal advice and translation into Spanish. She states she was not advised to get independent legal advice.

[ 11 ] I find this to be untruthful as there is an email from the respondent of January 10, 2012, regarding the real estate papers where she refers to the “lawyer with whom I spoke to regarding the agreement”. I prefer the evidence of Ms. Viamontes and the applicant in that regard.

[ 12 ] The respondent alleges the property is worth $495,000.00 but has no appraisals or supporting documentation. The applicant has correspondence from a real estate agent indicating the fair market value of the house is $309,000.00. The documents show that after the real estate commission is paid and the mortgage is paid there would be no equity left.

[ 13 ] The settlement agreement signed by the parties has the applicant taking responsibility of the mortgage debts. The language is straightforward and clear.

[ 14 ] I am satisfied that the Separation Agreement dated December 1, 2011, is valid and enforceable. I do not find it appropriate to set it aside.

[ 15 ] I order the respondent to execute any and all documents necessary to transfer title of the home located at 7190 Atwood Lane, Unit 70, Mississauga, Ontario, and the mortgage registered on title to the respondent pursuant to section 5.2 and 5.3 of the Separation Agreement.

[ 16 ] I order the respondent to execute any and all documents necessary to transfer ownership of the 2008 Dodge Caravan and the loan with the Bank of Montreal, which account number is 0000000022025159947, solely to the respondent pursuant to section 4.2 and 6.2 of the Separation Agreement.

[ 17 ] If the parties cannot agree on costs then submissions can be made in writing of three pages or less within 14 days of this order.

M.J. DONOHUE J.

Date : July 12, 2012

COURT FILE NO.: FS-012-1587-00
DATE: 2012-07-12

ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
OSCAR ENRIQUE SEMPRUN Applicant

• and -
  THAIS RAMONA LOYO Respondent

ENDORSEMENT
M.J. DONOHUE J.

Released: July 12, 2012