SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 92-FL-983-5
DATE: 2014/12/08
RE: Dale Sara Forrest, Applicant (Responding Party)
AND
Marc Joseph Réjean Maisonneuve, Respondent (Moving Party)
BEFORE: Mr. Justice Patrick Smith
COUNSEL:
Thomas F. Stollman, for the Applicant (Responding Party)
Mr. Maisonneuve, self-represented
HEARD: December 4, 2014
ENDORSEMENT
[1] This is a motion for an order rescinding child support arrears and termination of child support payments. The moving party (the “father”) asserts that he has overpaid child support in the amount of $30,000 as at December 31, 2013 and by an additional $3,000 in the year 2014.
[2] The issue of terminating child support is now moot since the “child”, François Luc Joseph Forrest, is no longer dependent and is working full time at Canada Post. His date of birth is May 22, 1992.
[3] The responding party (the “mother”) states that the father has failed to abide by the order of Justice Brennan dated April 23, 2007 that ordered him to pay the sum of $600.00 per month for the support of the child and to disclose his place of employment. She also alleges that the father has routinely quit various jobs in order to evade enforcement proceedings including garnishment proceedings brought by the Family Responsibility Office. The mother asks for a retroactive order that the father pay a share of the section 7 extraordinary expenses for their son.
[4] Arrears total $35,951.83 as at April 2, 2014 and have accumulated since 1998. There have been numerous court appearances involving motions for enforcement of child support or for rescission of arrears.
Decision
[5] The mother has not provided any evidence to support her request that a retroactive order be made requiring the father to pay a share of the section 7 expenses.
[6] I am not satisfied that any of the arrears should be rescinded, for the following reasons:
The father has failed to fulfil the provisions of the April 23, 1997 Order of Justice Brennan by failing to pay child support and keep the mother informed of his place of work. I am satisfied that he has also consistently avoided enforcement by changing jobs and has refused to provide tax returns or proof of income.
There is no evidence before this Court that the father has overpaid child support.
The father has been working and earning income. There is no reason, given the father’s wilful disobedience of the Order of Justice Brennan, that child support arrears should be rescinded. To do so would reward the father for improper and irresponsible behaviour. He has shirked his legal and moral obligation to support his son. Such conduct cannot be condoned or encouraged.
[7] Order to issue:
dismissing the father’s motion for rescission of arrears and the mother’s request for an order that s. 7 expenses be shared retroactively;
ordering payment of outstanding arrears in the amount of $35,951.83; and
fixing costs payable by the father forthwith in the sum of $1,000.00.
Mr. Justice Patrick Smith
Date: December 8, 2014
COURT FILE NO.: 92-FL-983-5
DATE: 2014/12/08
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Dale Sara Forrest, Applicant
(Moving Party)
AND
Marc Joseph Réjean Maisonneuve,
Respondent (Acting Party)
BEFORE: Mr. Justice Patrick Smith
COUNSEL: Thomas F. Stollman, for the Applicant (Responding Party)
Mr. Maisonneuve, self-represented
ENDORSEMENT
P. Smith J.
Date: December 8, 2014