ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 13-1308-00
DATE: 20131209
B E T W E E N:
KAREN TRACY CLEGG
In Person
Applicant
- and -
GARY DAVID CLEGG
No one present for the Respondent
Respondent
HEARD: November 28, 2013
ENDORSEMENT
Thompson J.
[1] Karen Clegg appeared before me today on an uncontested divorce trial. Her husband, Gary David Clegg, did not appear.
Background:
[2] Karen Tracy Clegg and Gary David Clegg married on November 28, 1998, in Harare, Zimbabwe.
[3] At the time of their marriage, Ms. Clegg had a child of a previous relationship, Kayleigh-Ann Clegg (born April 30, 1991) – then 7 years old. Apparently Kayleigh-Ann was adopted by Mr. Clegg although I do not have any details. Kayleigh-Ann very recently graduated from McGill University (without the financial assistance of Mr. Clegg) and intends to continue her post-secondary education to fulfill her dream of becoming a medical doctor.
[4] As a result of their marriage, Mr. and Mrs. Clegg had a son, Cameron Charles Clegg (born December 31, 1999). Cameron was 11+ years old at the time of separation and will be 14 years of age this December 31, 2013.
[5] Mr. and Mrs. Clegg separated on September 5, 2011.
[6] Subsequent to their separation, Mr. and Mrs. Clegg entered into a Separation Agreement dated December 2, 2011. Inter alia that agreement dealt with spousal and child support. They agreed that, commencing February 1, 2012, Mr. Clegg would pay $1,000.00 (CDN) per month for spousal support and $1,000.00 (CDN) per month for child support, plus specific Section 7 expenses.
[7] Mr. Clegg has paid absolutely nothing to honour the Separation Agreement of December 2, 2011.
[8] By all appearances, Mr. Clegg, who grew up in (and is very familiar with) Africa, conducts a lucrative African Safari tour. In addition, Mr. Clegg is the owner and operator of an equally successful bed and breakfast boutique in Costa Rica.
[9] Mrs. Clegg, after separation, was not fully aware of her husband’s comings and goings. All that she knew was that he was in all probability in Africa or Central America. Communications between them were one-sided. Mrs. Clegg would telephone Mr. Clegg at the bed and breakfast in Costa Rica and would be told that Mr. Clegg was out of the country. There would be no return call from Mr. Clegg. E-mail messages went unanswered.
[10] Mrs. Clegg issued a Petition for Divorce on August 19, 2013. She did not know how to serve Mr. Clegg with that Petition.
[11] On one of his rare unannounced attendances in Canada, Mr. Clegg appeared in the month of September 2013. Mr. Clegg was served with the Petition for Divorce.
[12] In March 2013, Gary David Clegg swore an Affidavit in Collingwood, Ontario. He swore that he agreed to an Amendment to the Separation Agreement of December 2, 2011. He swore that he would pay Karen Tracy Clegg child support in the amount of $1,500.00 (CDN).
[13] Notwithstanding a sworn Affidavit that he would pay $1,500.00 (CDN) for child support, he has paid nothing.
[14] It should be noted that he swore that he agreed with an amendment to the Separation Agreement that he would no longer be required to pay spousal support. He further swore under oath that these amendments (including that he would pay child support in the amount of $1,500.00 plus section 7 expenses) could be incorporated into a Divorce Judgment.
[15] One might conclude, based on the history of Mr. Clegg’s non-payment of spousal and child support pursuant to the Separation Agreement of December 2, 2011, and the non-payment of child support pursuant to his sworn Affidavit of March 15, 2013, that he never had an intention to pay either spousal or child support.
[16] It is possible that a Canadian agency involved in the enforcement of Canadian criminal conduct may come to the conclusion that Mr. Clegg swore a false affidavit. If that was to be their conclusion, a warrant for Mr. Clegg’s arrest would not be beyond the realm of possibilities. Although I am a neophyte in such matters, it may be that Mr. Clegg would be placed on a “no fly” list, which undoubtedly would cause considerable difficulties in Mr. Clegg’s travel between continents.
[17] Of course, if Mr. Clegg was to pay all arrears of child/spousal support and voluntarily pay on-going support that would negate the possibility of Canadian authorities coming to the conclusion that a criminal offence had occurred.
[18] I am no expert in the machinations of Canadian authorities’ response to possible criminal offences so, of course, my previous discourse is pure speculation.
[19] Returning to the determinations before me, I note that Cameron is in need of extra tutoring in the areas of mathematics and French. In the past he has enjoyed extra-curricular activities of music and karate.
[20] Cameron’s mother has, in the past, tried to fund the necessary educational enhancements and his meager extra-curricular activities. She unfortunately has run out of financial resources to pay for these essential elements in Cameron’s life.
[21] Cameron’s mother would like Cameron to have a meaningful relationship with his father. Cameron obviously wants to have a father who cares. He adores the father who “drops in” when it pleases him. I can only envisage the trauma imposed on this young man by his father’s pretending to be a father at his leisure. I explained to Mrs. Clegg that I could not order Mr. Clegg to be a Dad. Nobody but Mr. Clegg can bridge the difference between being the father of a child and being a Dad.
[22] I need not make an access order. Mr. Clegg is free to abuse his son with his occasional visits, or “man-up”, and make a commitment to his son. Neither option I am sure will be opposed by Cameron’s mother, rather, her sincerest desire is for the latter to happen, for Cameron’s sake.
Conclusion:
[23] Gary David Clegg is ordered to pay spousal support in the amount of $1,000.00 (CDN) per month commencing February 1, 2012 and terminating on March 31, 2013.
[24] Gary David Clegg is ordered to pay child support for his son, Cameron Charles Clegg, born December 31, 1999, in the amount of $1,000.00 (CDN) per month commencing February 1, 2012 and terminating on March 31, 2013.
[25] Commencing April 1, 2013, Gary David Clegg shall pay child support in the amount of $1,500.00 (CDN) per month to Karen Tracy Clegg.
[26] Gary David Clegg shall on August 1, 2013 and yearly thereafter pay 50 per cent of the sum of $4,300.00 (CDN) ($2,150.00) to Karen Tracy Clegg to permit his son to receive the necessary funds to enable him to receive the necessary assistance in his academic studies and his pursuit in extra-curricular activities.
[27] Karen Tracy Clegg shall have custody of Cameron Charles Clegg, born December 31, 1999.
[28] The parties are divorced. The Applicant shall be provided with a Certificate of Divorce without further cost to her.
[29] Gary David Clegg shall pay the costs of this divorce fixed in the amount of $1,500.00 (CDN) payable forthwith. This costs award shall be enforced by the Director, Family Responsibility Office.
Directions:
[30] A Support Deduction Order shall be issued.
[31] My Order, together with these reasons shall be forwarded to Gary David Clegg, c/o Angel Valley Bed and Breakfast, San Ramon, Alajuela 20201, Costa Rica by regular mail and by e-mail to reservations@AngelValleyBNB.com.
[32] For informational purposes the phone number for Angel Valley Bed and Breakfast is +506 2456-4084 or +506-8525-0182 (m).
[33] A copy of my Reasons shall be forwarded to the Director, Family Responsibility Office.
Thompson J.
Released: December 9, 2013
COURT FILE NO.: 13-1308-00
DATE: 20131209
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
KAREN TRACY CLEGG
Applicant
- and -
GARY DAVID CLEGG
Respondent
ENDORSEMENT
Thompson J.
Released: December 9, 2013