ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 512/08
DATE: 2012/JULY 31
B E T W E E N:
Sandra Elizabeth Horne
Elizabeth M. Osborne , for the Applicant
Applicant
- and -
Paul James Horne
In person
Respondent
HEARD: June 22, 2012
RULING ON MOTION
Quigley, J.
[ 1 ] This is a motion for summary judgment by the applicant, Sandra Elizabeth Horne, on the issue of retroactive child support commencing July 1, 2010 until February 29, 2012 for the benefit of Blake Daniel Horne, born June 25 th , 1997. The applicant is claiming the sum of $456 per month throughout that period of time.
[ 2 ] Secondly, the applicant is seeking a further order requiring the respondent to pay 50% of the s.7 expenses incurred by the applicant during 2010 to 2011 for Blake Daniel Horne and Alexander James Horne.
[ 3 ] Thirdly, the applicant is seeking a further order that the retroactive award be paid at the rate of $400 per month until it is paid in full.
Background
[ 4 ] The parties have had a lengthy history of conflict involving the children since a separation occurred in 2007. A separation agreement was entered into dated September 28, 2007, whereby the parties had a joint custodial arrangement with the principal residence of the children being with the respondent and the applicant wife entitled to reasonable access.
[ 5 ] The above mentioned separation agreement provided for the applicant wife to pay to the respondent husband the sum of $100 per month as child support for each child.
[ 6 ] The respondent claims, in his response to the summary judgment motion, that the applicant only made three payments of $200 per month during the time in which the children primarily resided with him.
[ 7 ] On December 10, 2009, a consent order provided for a new shared custodial arrangement between the parties. No child support was required to be paid by either party.
[ 8 ] From on or about July 1st, 2010 to March, 2012, Blake resided primarily with the applicant. Since that time, he has been with the respondent.
[ 9 ] On September 15 th , 2011, a further order of Johnston, J of this court, provided again for a shared custodial arrangement between the parties with Blake and Alexander primarily residing with the applicant. There was no order with respect to child support. That order provided for the issue of child support to be adjourned to the assignment court on November 1, 2011.
[ 10 ] At the assignment court on November 1, 2011, the matter was placed on a trial list commencing April 23 rd , 2012.
[ 11 ] On January 26, 2012, a further settlement conference was held by Lalonde, J of this court. The issues identified by the learned justice on that day were custody and access, child support, retroactive child support for the applicant mother, and retroactive child support for the respondent father.
[ 12 ] Blake is currently living with the respondent and Alexander goes from household to household.
[ 13 ] I find that the issues in this case, which have been identified at the settlement conference by Lalonde J, are more properly dealt with in a trial. There is conflicting evidence in this motion as to each party’s obligations, past and present, and, in my view, can only be properly dealt with in a trial. Accordingly, the applicant’s motion for summary judgment is dismissed.
[ 14 ] This matter is adjourned to assignment court on September 11, 2012 to reset a trial date.
[ 15 ] There will be no order as to costs on this motion.
[ 16 ] If the parties wish, they may seek a further settlement conference by contacting the trial coordinator in Perth.
MR. JUSTICE MICHAEL J. QUIGLEY
Released: July 31, 2012
COURT FILE NO.: 512/08
DATE: July 31, 2012
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Sandra Elizabeth Horne Applicant - and – Paul James Horne Respondent RULING ON MOTION Quigley, J.
Released: July 31, 2012