SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: FC-14-980
RE: Mark Alexander – Applicant v. Ann Davidson - Respondent
Before: Mr. Justice Robert L. Maranger
Counsel:
Joel L. Cohen, for the Applicant
Earl A. Atnikov, for the Respondent
ENDORSEMENT
[1] This was a motion dealing with interim spousal support. The respondent Ms. Davidson was the moving party. At the outset counsel indicated to the court that they had partial minutes of settlement on issues other than spousal support. Based on that advice there will be an order to go in accordance with those partial minutes of settlement filed.
[2] With respect to the issue of support spousal support I have considered the arguments presented by both counsel including the various scenarios presented by each through their SSAG calculations. In the circumstances of this case I would order spousal support in the sum of $1500 per month retroactive to May 25, 2014. The respondent Ms. Davidson will continue to be responsible for any household expenses relating to the matrimonial home pending its disposition. I arrive at that amount for the following reasons:
• The best evidence before me supports that Mr. Alexander’s annual income from employment is between $56,000 to $58,000.
• The length of the relationship.
• The modest needs disclosed in Ms. Davidson’s financial statement.
• Ms. Davidson has the benefit of staying in the family home at least on an interim basis.
• Ms. Davidson is able-bodied and I would impute an annual income of $7500 in the specific circumstances of this case.
[3] The effect of the retroactive award of spousal support is that Mr. Alexander is $3000 in arrears. However, that amount will only be due and payable out of the proceeds of disposition of the family home when that event takes place.
[4] If the parties cannot agree on the issue of costs, I will accept one page written argument by both sides within 15 days of the release of this decision. If written argument is not received in that timeline there will be a no cost order.
Mr. Justice Robert L. Maranger
DATE: July 25, 2014
Court File No.: FC-14-980
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Mark Alexander – Applicant v. Ann Davidson - Respondent
BEFORE: Mr. Justice Robert L. Maranger
COUNSEL: Joel L. Cohen, for the Applicant
Earl A. Atnikov, for the Respondent
ENDORSEMENT
Maranger J.
DATE: July 25, 2014