SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: FS-12170-11

DATE: 2014-10-03

RE: Annette Chislaine Ranger, Applicant

AND:

Gerald Ranger, Respondent

BEFORE: The Honourable Madam Justice Louise L. Gauthier

COUNSEL: Donald P. Kuyek, Counsel, for the Applicant

Paul E. Trenker Counsel, for the Respondent

HEARD: October 2, 2014

ENDORSEMENT

[1] The Respondent husband is seeking spousal support in the amount of $750 per month commencing June 1, 2013. The Applicant wife submits that the spousal support should be in the amount of $266 per month, effective October 1, 2014.

[2] The parties are 62 years of age and 68 years of age, respectively. They were married for 41 years.

[3] At issue is the wife’s income.

[4] According to her financial statement, her yearly income is $23,882. This is the same figure that appears at line 150 of her 2013 income tax return.

[5] A further review of the wife’s income tax return shows that, for the year 2013, she had a gross profit from the trailer park she operates in the amount of $49,539. The return reflects expenses of $27,384. The wife’s counsel concedes that certain of those expenses are inaccurate. It was agreed, for example, that the sum of $5,274 for legal fees should be taken out of the expense calculation. Further, from the $3,050 recorded for motor vehicle expenses, the sum of $1,000 should be considered personal use.

[6] The husband’s counsel took issue with an amount shown as an expense for telephone and utilities. Apparently, it is in reality a municipal levy of some sort. It wasn’t clear to me what it was.

[7] If I adjust the total expense figure as conceded by the wife’s counsel and leave in the municipal levy amount (I do so as there is no clear evidence contradicting that the sum of $6,600 is payable by the wife), the net income is $28,432. The wife’s total income then, taking into account the wife’s C.P.P., is $30,758.

[8] The material on this motion discloses yet another figure for the wife’s income: $34,648, being her operating income from the trailer park business. This is contained in the Appraisal Report relating to the value of the trailer park. When the C.P.P. is added in, the wife’s total yearly income becomes $36,974.

[9] For purposes of this motion, I conclude that the appropriate amount on which to calculate spousal support is mid-way between the $30,758 and the $36,974, therefore $33,864.

[10] For his part, the husband has a yearly income of $18,312 consisting of C.P.P. in the amount of $6,276, Old Age Security in the amount of $6,612, and Guaranteed Income Supplement of $5,424.

[11] The husband is disabled by reason of a stroke. He ambulates with the use of braces, a cane, and occasionally a wheelchair. He personally incurs significant expenses for medication and assistive devices, namely $557 per month. According to the Husband’s financial statement, he has monthly expenses of $2,925. Although the financial statement shows a monthly deficit, the husband appears to have no debt.

[12] The matrimonial home was sold in May 2013. After the payment of taxes, other expenses relating to the sale, and the disbursement to each of the parties of the sum of $30,000, there remains $178,997 in trust with the husband’s counsel.

[13] The wife has proposed that the husband receive all of the remaining proceeds, as she will owe the husband more than her one-half share in order to equalize the parties’ net family property. She says that the husband should have taken advantage of her proposal, invested the funds, and used the interest generated by the monies to contribute to his living expenses. There is merit in this submission, however such is more likely to be taken into account when considering a final order for spousal support.

[14] According to the Spousal Support Guidelines, the wife should be paying support of $486 or $496 per month, based on income of $33,864.

[15] The wife has provided the husband with $15,000 from the sale of an RV motor vehicle. She is also in the process of selling another recreational vehicle and has undertaken to provide the sale funds to the husband.

[16] In the circumstances, I am of the view that the quantum of support set out in the Spousal Support Guidelines is appropriate.

[17] The Applicant wife shall pay to the husband for his support the sum of $496 per month, commencing October 1, 2014. The claim for support from June 2013 shall be adjudicated by the Trial Judge.

[18] As I have concluded that the appropriate amount of support is somewhere between that proposed by each of the parties, I make no order for costs.

The Honourable Madame Justice Louise L. Gauthier

Date: October 3, 2014