ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-11-2622
DATE: 2013 -12-19
BETWEEN:
ROMAINE THOMPSON
Applicant
– and –
LYNN MURPHY
Respondent
Self- represented.
Martin Kenny, for the Respondent.
HEARD: In writing
T.D. RAY, J
[1] In my decision of June 4, 2013, (2013 ONSC 3197) I invited the parties to let me know if they considered I had made errors in my calculations. I have now received written submissions from the respondent and the applicant, and a reply from the respondent. The applicant was contacted several times to remind him he had a right to reply in writing. However nothing further was received.
[2] I remind both parties that my invitation to the parties was only for the purpose of correcting my arithmetic, not an opportunity to reargue the case. My following comments are intended only to address my calculations. I add that while the applicant is concerned that I failed to include in my calculations an allowance for his pre-existing child support, it was not argued by him in submissions; but nonetheless I did consider it at the time. The law is clear that under the circumstances of this case, he is not entitled to an allowance.
[3] It was pointed out that I failed to credit the applicant with his proportionate share of child care for 2011 and 2012. Paragraph 26 is therefore revised to provide for 2011 arrears of $4,968.00, and for 2012, $7,920.00. It was also pointed out that I inadvertently referenced s. 9 instead of s. 7 in paragraph 25a. Paragraph 25a of my decision should reference s. 7 instead of s. 9.
[4] According to the applicant I failed to consider his child care payments in January and February of this year. This was not denied by the respondent in his reply so I take it to be correct. Accordingly paragraph 25 is revised to provide that the applicant’s payments as noted are to commence March 1, 2013 instead of June 15, 2013.
[5] There are therefore further arrears for January and February, 2013 in the amount of $1,320.00.
[6] In summary the total arrears up to March 1, 2013 are $14,208.00 minus any payments he may have made in the interim; and plus any unpaid child support after March 1, 2013.
[7] As provided for in paragraph 20, of my decision, I look forward to submissions on costs if the parties cannot agree.
Honourable Justice Timothy Ray
Released: December 19, 2013
COURT FILE NO.: FC-11-2622
DATE: 2013 -12-19
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ROMAINE THOMPSON
Applicant
– and –
LYNN MURPHY
Respondent
revised REASONS FOR JUDGeMENT
Honourable Justice Timothy Ray
Released: December 19, 2013