SUPERIOR COURT OF JUSTICE – ONTARIO
COURT FILE NO.: 7413-09
DATE: 20130123
RE: ROSS ARTHUR PEEL
Applicant/Respondent
AND:
JANIS LYNN PEEL
Respondent/Applicant
BEFORE: KRUZICK J.
COUNSEL:
D. Kevin Haxell
for the Applicant/Respondent
Laura E. Oliver
for the Respondent/Applicant
ENDORSEMENT
[1] Following the judgment dated May 3, 2012, the parties were unable to arrive at a calculation of the s.7 expenses. I have submissions in writing dated August 10, 2012 on behalf of Ms. Peel and November 21, 2012, on behalf of Mr. Peel.
[2] At p.20 the judgment reads:
Mr. Peel should receive a credit for the support paid for Jeffrey when he was not in school. The Respondent calculates that the credit is for six months. At paragraph 118 of your Judgment, your Honour makes the finding that Jeffrey was not in school for seven months. The credit to the Applicant should be for seven months, not six months as submitted by the Respondent;
[3] Mr. Peel continued to pay for support of Jeffrey until July 11, 2011. It is agreed that the child support for two children is $2,108.00. The child support for one child is $1,328.00. Therefore Mr. Peel should get credit for the difference ($780 x 7 = $5,460.00).
[4] I also ordered that when Jeffery was at school and not living with his mother there should be an adjustment with a credit to Mr. Peel of $527.00 for each month Jeffrey was away. From 2008 the number of months totals 19 ($527 x 19 = $10,013.00).
[5] There was also a six month period in 2010 when Jeffrey did not attend school but was living with his mother and then went back to school. I am of the view Mr. Peel should be credited for 2010 on the same scale ($780 x 6 = $4,680)
Total credits to Mr. Peel - $5,460.00
10,013.00
4,680.00
$20,153.00
[6] I would in the result credit Mr. Peel with $20, 153.00.
[7] As for the s.7 extraordinary expenses these include the following:
Special or Extra-Ordinary Expenses owing:
a) $6,943.00 for Piedmont;
b) $8,116.92 for Emory;
c) $8,553.00 for hockey;
d) $1,258.00 for flights;
e) $4,562.64 for medical and dental;
f) $4,136.40 for singing; and,
g) $870.00 for baseball (this was missed by the Respondent when reproducing the expenses from paragraph 155 of the Judgment).
Total owing: $34,439.96
Less credit: $20,153.00
[8] Given the credit to Mr. Peel and what he owes to Ms. Peel for the s.7 expenses I calculate the following as still owing to Ms. Peel:
$34,439.96
$20,153.00
$14,286.00
[9] Ms. Peel has raised an ongoing problem with the s.7 expense. I agree with counsel for Mr. Peel, given the parties’ impasse on this point. Mediation is the proper course to follow given the terms of the parties’ agreement.
E. KRUZICK
RELEASED: January 23, 2013