SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: FC-10-2130

DATE: 2013/08/16

RE: SUZANNE DALEMAN - Applicant v. PAUL DALEMAN - Respondent

BEFORE: Mr. Justice Paul Kane

COUNSEL:
Suzanne Daleman, Self-Represented

Thomas R. Hunter, for the Respondent

HEARD: July 5, 2013

ENDORSEMENT

[1] The purpose of the motion was to confirm the terms of settlement entered into between the parties on January 22, 2013.

[2] On January 23, 2013 the parties conducted negotiations while attending court. Ms. Daleman was represented at the time by Pierre Ranger. The endorsement indicates, as instructed by the parties through counsel, that the action was settled. There are Minutes of Settlement, which were typed, then amended by hand and signed by the parties on that date. (“Minutes of Settlement”) which are attached to this endorsement.

[3] Subsequently, the parties exchanged typed version of minutes of settlement intended to reflect the Minutes of Settlement. Each party however added additional terms which they requested be accepted by the other parent. No final agreement could be made on the amendments proposed. Accordingly the respondent brought the present motion for an order settling the wording of the terms of the settlement entered into and an order reflecting that decision.

[4] On July 5, 2013, the parties attended and argued this motion. Several but not all of the new terms sought by each party were discussed and agreed upon.

[5] Based on submissions of the parties, this Court determines that an order is to issue reflecting the terms that were agreed upon on January 23, 2013, and the Minutes of Settlement consented to on July 5, 2013.

[6] The Court in this endorsement hereafter refers to the black lined version of the Minutes of Settlement which is contained at Volume 9 of the Continuing Record at Tab 2-E (“BLV”.)

[7] The order to be issued shall contain the following provisions from the BLV. Terms of the BLV not hereby specifically incorporated will not be terms of the order. The portions of the BLV to appear in the order are as set out below.

[8] The three paragraphs on page 1 of the BLV will be included.

[9] All of page 2 of the BLV up to and including paragraph 2.4., plus paragraph 3.1. will be included.

[10] A new Article 2.5 and Article 2.6 will be added as follows:

(2.5) The applicant shall be permitted to travel outside of Canada with the children and this agreement shall be construed as an express authorization from the respondent to enable either or all of the children to travel outside of Canada with the applicant. The respondent’s consent to the above travel is not required unless the trip to be taken outside of Canada will last fifteen days or longer. If the intended travel outside of Canada is to last fifteen days or longer, the respondent’s consent to the children travelling fifteen days or longer shall be required, and for such trips, the applicant will also be required to provide the respondent beforehand with an itinerary of that trip, including the date of departure, the date of return to Ottawa, the destination(s) and hotel names during that trip and the means of transportation including flight numbers if applicable.

(2.6) The respondent has the same rights and obligations as the applicant stated in Article 2.5 should he travel outside of Canada with the children.

[11] All of page 3 of the BLV, as well as sub-paragraph 3.7(a) and paragraph 4.1 on page 4 of the BLV will be included.

[12] All of Article 3.7(b) on page 4 will be included but shall be amended as follows:

(a) The sixth line is amended to read as follows:

…which follows his or her 18th birthday, unless: (i) written confirmation is received by the Respondent from an educational institution prior to the end of the term or semester, that the child is enrolled to attend that institution on a full-time basis during the next semester or term.

(b) The twelfth line of this sub-paragraph shall read:

…to satisfy the definition of a full-time student or: (ii) in the alternative, that the Applicant provides the respondent with such medical evidence upon which she intends to rely in support of her position that the child or children in question continue to be a child or children of the marriage pursuant to the Divorce Act.

[13] All of the provisions on pages 5 and 6 of the BLV will be in the order.

[14] The provisions set forth on pages 7, 8, 9, 10 and 11, other than paragraph 11.1, up to and including paragraph 20.1 of the BLV will be in the order.

[15] The following paragraph is added to the order:

8.4 The applicant by July 15, 2013 is to provide the respondent with written confirmation from TD Canada Trust and Scotia Bank that the previous lines of credit in the joint name of the parties are closed and that neither party has any liability in relation thereto. The respondent is required to attend with the applicant at TD Canada Trust in order to provide joint written instructions to cancel the line of credit with that institution. The respondent is required to make himself available and attend with the applicant in order to do by July 15, 2013.

[16] Paragraph 11.1 of the BLV is to be replaced in the order by paragraphs 11.1, 11.2 and 11.3 below:

OTHER ASSETS

11.1 The parties shall retain sole ownership of their respective vehicle(s), jewellery, tools. Further, the chattels have been resolved in accordance with the list attached hereto as Schedule A.

11.2 As part of the transfer of possession of several of the assets referred to above, the respondent shall arrange for someone to attend at the applicant’s residence on Thursday July 11, 2013 at 6:00 p.m. The applicant shall thereupon deliver to this individual the following items from Schedule A attached:

(a) 42 inch flat screen television;

(b) Sony clock radio;

(c) the respondent’s Disney pass;

(d) the respondent’s two pairs of cross-country skis if currently in the applicant’s possession or control;

(e) all negatives of photographs of the parties, their children and their pass life presently located in the former matrimonial home.

11.3 In order to make available to the respondent digital photographs stored on a computer hard drives formerly located in the previous matrimonial home, the plaintiff and the respondent shall meet in the applicant’s home on Saturday July 13, 2013 at 10:00 a.m. Each party shall be accompanied by another adult individual other than their current partners. The adult accompanying the applicant to this meeting shall have significant knowledge or familiarity with computers and computer hard drives. The children of the applicant and respondent are not to be present in their home during the course of this meeting. It is the applicant’s responsibility to ensure that they are not there.

The purpose of the meeting is for the applicant to deliver all hard drives previously removed after the separation from computers formerly or presently located in what was the matrimonial home. Those individual hard drives are then to be reinstalled in the computer(s). The respondent and the applicant shall then review those hard drives in order to locate nude photographic images of the applicant.

Those images are to be either destroyed or alternatively, the computer hard drive containing those images is to be destroyed. All hard drives without such nude images of the applicant are to immediately thereupon to be given to the respondent.

COSTS

[17] Paragraph 23.1, at page 12 of the BLV as to the waiver of costs by each party was argued at length on July 5, 2013. The Notice of Motion before this Court seeks an order that a settlement was entered into on January 23, 2013 incorporating specifically the Minutes of Settlement.

[18] Paragraph 19 of the “BLV” states that both parties shall assume his/her own costs of these proceedings. Each party signed the Minutes of Settlement and are bound thereto.

[19] The respondent’s claim for costs of this motion is accordingly dismissed. The dismissal of that cost claim is further warranted by the fact that the respondent’s claim for costs:

(a) includes services rendered up to and including the execution of the Minutes of Settlement on January 23, 2013 and,

(b) the respondent sought and has obtained from Ms. Daleman her agreement to new or additional terms after each of them executed what was to be final Minutes of Settlement on January 23, 2013. Mr. Daleman cannot therefore argue that the present motion was necessitated solely by the refusal of the applicant to sign the January 23, 2013 Minutes of Settlement.

Kane J.

Released: August 16, 2013

COURT FILE NO.: FC-10-2130

DATE: 2013/08/16

ONTARIO

SUPERIOR COURT OF JUSTICE

RE: SUZANNE DALEMAN - Applicant

AND

PAUL DALEMAN - Respondent

BEFORE: Kane J.

COUNSEL: Suzanne Daleman, Self-Represented

Thomas R. Hunter, for the Respondent

ENDORSEMENT

Kane J.

Released: August 16, 2013