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COURT FILE NO.: FC-08-029315

DATE: 20140325

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Allen C. Gunderson, Applicant

AND:

Patricia K. Gunderson, Respondent

BEFORE: THE HON. MR. JUSTICE P.H. HOWDEN

HEARD: Motion in writing

ENDORSEMENT

[1] This motion is brought by the respondent mother without notice. Because it merely seeks details of my prior order dated December 13, 2013 and does not request any additional relief from the applicant father, notice is not required and is hereby dispensed with.

[2] The specific details sought by the mother are all contained in the prior orders referred to in my endorsement released on December 13, 2013 and in the endorsement from which the order of December 13, 2013 resulted. Nevertheless, as the mother needs this information in the order itself no doubt for enforcement purposes and in any event the parties are entitled to know, I will set out the variation requested in detail. The detail added in the varied order changes nothing in substance; it merely sets out, to the extent the record allows, more specific detail of each order.

[3] Also, this variation changes nothing in paragraph 2 of my prior order relating to termination of spousal support, arrears of spousal support and arrears of child support and arrears of s.7 expenses up to and including September, 2013. The order of December 13, 2013 is varied in the following terms:

(i) Paragraph 3 is deleted and the following two paragraphs are substituted:

[3] The order of this court of November 17, 2009 by Gilmore J. requiring the applicant father to pay ongoing support for the parties’ children Cole Gunderson, born March 21, 2001 and Cameron Gunderson, born March 22, 2000, in the amount of $1,208 per month payable on the 15th day of each month, based on an income yearly of $84,000, shall continue in effect (for purposes of calculating arrears) from the 15th day of October 2013 until further order of this court.

[4] The order of this court dated August 23, 2011 by McDermot J. requiring the applicant father to pay s.7 expenses for Cameron Gunderson in the amount of $167 per month, being a one-half contribution to his rep hockey cost (so long as he is enrolled in that program), shall continue in force (for purposes of calculating arrears) from the 15th day of October 2013 until further order.

(ii) Paragraph 1 is deleted and the following is substituted:

[1] Commencing December 1, 2013 and on the first day of each succeeding month, the applicant father shall pay s.7 expenses for the child Cole Gunderson in the amount of $107 per month, being one-half of the cost for Cole’s extra tutoring sessions (two per month) and one-half of the cost of his karate lessons, until further order of this court.

NOTE

[4] The parties should note that these orders continue until further order of this court. This does NOT mean that s.7 payments may stop whenever the father thinks that the specific cost on which they are based has ceased. If the applicant father can show by evidence that is properly admissible, or if the parties agree, that the specific expense is no longer being incurred, it shall be up to him to arrange with the court for a case conference to consider the issue and only then, if necessary, a motion can be brought on, based on evidence or agreement, to vary the portion of the order in question. It is only when the court makes an order to change the support amount, whether ongoing or under s.7, that that change becomes effective. Any delay between cessation of the specific expense and the order can be accounted for by the terms of the order.

[5] I request that the court staff issue this variation order forthwith after I have been provided with, and approved, the draft order. I can be spoken to for this purpose by staff.

HOWDEN J.

Date: March 25, 2014