ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: F-10617-05
DATE: 2014-09-02
BETWEEN:
Nicole Monique Lalonde
Applicant
– and –
Yvon Jean Paul Lalonde
Respondent
Leo P. Arseneau, for the Applicant
Richard Guy, for the Respondent
HEARD: August 14 and 15, 2014
REASONS FOR JUDGMENT
GAUTHIER J.:
OVERVIEW:
[1] Yvon Jean Paul Lalonde (“Lalonde”) seeks to terminate the spousal support that he is paying to his former wife, Nicole Monique Groulx (“Groulx”), effective April 1, 2012. Lalonde has been paying support in the amount of $1,825 per month, pursuant to the Order of Gordon J., made on November 3, 2008. Prior to that, he was paying the sum of $261 per week in spousal support pursuant to a Temporary Order made on June 10, 2005, effective December 1, 2004.
[2] Groulx opposes Lalonde’s request and seeks an Order varying the spousal support order of November 3, 2008, to increase support in accordance with the Spousal Support Advisory Guidelines, effective November 1, 2012.
[3] The matter was heard by me on August 14 and 15, 2014. I reserved Judgment at that time. What follows are my Reasons for Judgment.
THE FACTS:
[4] Lalonde is 58 years old having been born on February 16, 1956. Groulx is 56 years of age; her date of birth is August 24, 1958.
[5] The parties were married on March 19, 1979. They have three children: Stephanie, born on December 5, 1984, Maxine, born July 25, 1986, and Sophie, born June 9, 1989.
[6] The parties separated on October 23, 2004. At that time, only the child Sophie was a dependent.
[7] Subsequent to the separation, the parties sold the matrimonial home and shared equally in the net proceeds of sale of $278,000.
[8] The net family property of the parties was equalized and Lalonde paid the sum of $128,220 to Groulx. Lalonde’s Hydro One pension was valued at $292,563 (based on a projected retirement age of 57 years) in the equalization calculation.
[9] As stated above, a Temporary Order was made for spousal support and child support for Sophie on June 10, 2005.
[10] On November 3, 2008, Gordon J. made the final Order which is the subject of this variation proceeding. The relevant terms of the Order are as follows:
- The Order of Justice L.L. Gauthier dated June 10, 2005 be varied by deleting paragraphs (b), (c), and (d) and inserting in their place the following:
(a) The Respondent shall pay to the Applicant for the support of the child, Sophie Alexandria Marie Lalonde, born June 9th, 1989, the sum of $271.22 per week beginning December 1, 2008. This payment of support is based on the Respondent’s income of $139,304.04.
(b) The Respondent shall pay to the Applicant for her support the sum of $421.16 per week beginning December 1, 2008.
(c) The Respondent shall pay to the Applicant on account of retroactive child support, the sum of $17,826.42 and on account of retroactive spousal support, the sum of $17,750.00 for a total of $35,576.42. Payment shall be made by equal monthly payments of $800.00 beginning on the first day of each month following termination of the Respondent’s child support payments. In the event of default of any payment, the entire amount shall immediately be due and owing.
[11] The quantum of spousal and child support was based on Lalonde’s income of $139,304 per year.
[12] In July 2009, Groulx began cohabiting with Grant Dussiaume (“Dussiaume”). Also in July 2009, the child Sophie moved out of Groulx’s residence and went to stay with Lalonde for a period of 10 weeks, after which she lived on her own and pursued post-secondary studies. She obtained her first degree in April 2011.
[13] In July 2010, Lalonde retired from his employment as a linesman for Hydro One and relocated to Grand Prairie, Alberta, where he commenced employment with ATCO Electric. He was 54 years of age.
[14] His evidence was that he retired from Hydro One and relocated to Alberta as he was no longer able to carry out the physical outdoor duties of his employment with Hydro One. His work for ATCO, albeit in the same industry as he had always worked in, is done in an indoor office setting and does not involve the physical requirements of his earlier employment.
[15] In October 2011, Groulx and Dussiaume purchased a waterfront property at Fairbank Lake for the price of $335,000. Title was taken in both names jointly. They invested $40,000 in renovations to the property.
[16] On January 10, 2012, a Divorce Order was granted dissolving the parties’ marriage. Lalonde had undertaken to Groulx not to commence divorce proceedings for five years to ensure her continued coverage under his extended health care plan. He honoured that obligation.
[17] In September 2012, Lalonde relocated to Edmonton from Grand Prairie but continued with the same employment. He purchased a home in Edmonton at a price of $456,000. He applied the equity that he had in the Grand Prairie property toward the new home. The mortgage against the home currently has a balance of $80,000.
[18] Lalonde continues to be employed with ATCO.
[19] Lalonde has no plans to retire from ATCO. He says he cannot afford to retire. His current income from employment is $157,878. His income from the Hydro One pension is $47,444. His total current yearly income is in the amount of $205,332.
[20] Lalonde currently has a net worth of $722,547.
[21] Lalonde has not entered into any other spousal relationship since the separation. He described himself as a person who keeps to himself and said that he leads a somewhat lonely life.
[22] Groulx is employed with Dr. Brian Clark, Orthodontist, and has been so employed since shortly after her return to the workforce in 1999. She works as a laboratory technician. She works four days per week eight hours per day. Her 2013 income from employment was $33,326.58. Groulx’s hours of work have gradually been reduced over the years due, she says, to a decline in the volume of orthodontic work being performed.
[23] Groulx’s 2013 Tax Return Summary indicates that she suffered a loss of $13,583 from her business, Nicole’s Healthy Vends, in that year. Groulx owns and maintains seven “healthy snack” vending machines located in different malls and places of business in the City of Greater Sudbury. She began this business in April 2013 and is hopeful that over time it will become profitable.
[24] Groulx has a net worth in the amount of $349,077.
[25] Both parties have some health issues. Lalonde suffers from disc deterioration which affects his shoulders, back, and neck. He has been diagnosed with “multilevel degenerative change”.
[26] Groulx suffers from significant degenerative disc disease which causes her pain in the neck and shoulders. She also has tendonitis in both arms. She receives massage therapy once per month, chiropractic care twice per month and also receives acupuncture treatments.
[27] Although both parties suffer from health issues, neither of them is incapacitated by those issues. The health problems have no impact on their ability to earn income.
[28] Groulx’s common law partner, Grant Dussiaume, is 58 years of age. He is a widower who has three adult children from his marriage. Dussiaume has a university degree in combined mathematics and accounting. He is employed on a full-time basis as a manager with Northern Communications. His total employment income for 2013 was $108,447. Dussiaume also has a business, “Part Time Controller.com”, but that business is inactive and not generating any income. His income tax return confirms his marital status as “living common law”.
[29] Dussiaume is in good health and has no retirement plans. He has named Groulx as the beneficiary of his life insurance policy and she is a beneficiary under his extended health care plan. Dussiaume and Groulx share the household expenses equally, although his income is substantially higher than hers, and they have a joint bank account.
[30] Dussiaume had no knowledge of what his net worth might be.
[31] According to the income tax information forming part of the Record and Exhibit #6 (income chart), the parties’ respective yearly income since separation has been as follows: (note: I have used only the dollar amounts in my calculations. I also do not have a breakdown of Lalonde’s total income so I cannot determine the amount of any dividend/interest/other income).
2005: Lalonde: $146,422 Employment income
Groulx: $ 28,658 Employment income
$ 3,132 Spousal support
$ 59 Interest income
Total $ 31,849
2006: Lalonde: $156,015 Employment income
Groulx: $ 32,219 Employment income
$ 13,572 Spousal support
$ 4,676 Interest/dividend/other income
Total: $ 50,467
2007: Lalonde: $138,649 Employment income
Groulx: $ 37,551 Employment income
$ 13,572 Spousal support
$ 4,101 Other income
Total: $ 55,224
2008: Lalonde: $140,228 Employment income
Groulx: $ 45,864 Employment income
$ 13,572 Spousal support
$ 1,364 Other
Total: $ 60,800
2009: Lalonde: $154,705 Employment income
Groulx: $ 40,077 Employment income
$ 21,983 Spousal support
$ 998 Other
Total: $ 63,058
2010: Lalonde: $137,797 Employment income
$ 47,444 Pension income
Total: $185,241
Groulx: $ 50,352 Employment income
$ 19,368 Spousal support
$ 730 Other
Total: $ 70,450
2011: Lalonde: $175,060 Employment income
$ 47,444 Pension income
Total: $222,504
Groulx: $ 48,921 Employment income
$ 21,982 Spousal support
$ 564 Other
Total: $ 71,467
2012: Lalonde: $165,261 Employment income
$ 47,444 Pension income
Total: $212,705
Groulx: $ 37,673 Employment income
$ 21,949 Spousal support
$ 130 Other
Total: $ 59,752
2013: Lalonde: $157,878 Employment income
$ 47,444 Pension income
Total: $205,322
Groulx: $ 33,326 Employment income
$ 21,900 Spousal support
- $ 13,583 Less Business Loss
Total: $ 41,642
(Decision continues with analysis and conclusions exactly as in the source.)
The Honourable Madam Justice Louise L. Gauthier
Released: September 2, 2014
COURT FILE NO.: F-10617-05
DATE: 2014-09-02
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Nicole Monique Lalonde
Applicant
– and –
Yvon Jean Paul Lalonde
Respondent
REASONS FOR JUDGMENT
Gauthier J.
Released: September 2, 2014