ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FC-12-3090
DATE: 20130820
BETWEEN:
Connie Rose Sinden
Applicant
– and –
Donald Lloyd Church
Respondent
Self-represented (not-appearing)
Colin J. McCorriston, for the Respondent
HEARD: August 20, 2013
justice patrick smith
[1] The Respondent has brought a motion to vary the order of this Court dated December 28, 2012. He alleges that the Order was based upon an agreement dated February 25, 2011 which was entered into under coercion upon terms that are grossly inequitable.
[2] The Applicant did not appear this morning although paged and properly served with the Notice of Motion.
[3] Having read the affidavit of the Respondent sworn April 20, 2013, I am satisfied that the agreement signed by the parties should be set aside and that the Order dated December 28, 2012 should be vitiated and any arrears owing thereunder ordered expunged.
[4] The history of the relationship between the parties was brief and tumultuous. The ‘agreement’ in question was drafted by the Applicant and signed by the Respondent without legal advice or proper financial disclosure in circumstances where the Respondent was justifiably concerned for his safety or the safety of the Applicant.
[5] In view of the circumstances surrounding the signing of the agreement, the brief period of time that the parties cohabited and the length of time that the Respondent has paid support to the Applicant, continued enforcement of the agreement is not warranted.
[6] An order shall issue:
Terminating the order of this court dated December 28, 2012 retroactively to April 30, 2012;
Rescinding and expunging any arrears that have accumulated since April 30, 2012;
Staying enforcement of the order by the Family Responsibility Office; and
Costs are fixed in the amount of $1,500.00 payable forthwith.
Justice Patrick Smith
Released: August 20, 2013
COURT FILE NO.: FC-12-3090
DATE: 20130820
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Connie Rose Sinden, Applicant
AND
Donald Lloyd Church, Respondent
BEFORE: Justice Patrick Smith
COUNSEL: Connie Rose Sinden, self-represented (not-appearing)
Colin J. McCorriston, for the Respondent
REASONS on motion
Justice Patrick Smith
Released: August 20, 2013