SUPERIOR COURT OF JUSTICE – FAMILY COURT
CITATION: Sartain v. McCabe, 2015 ONSC 2485
COURT FILE NO.: 847/12 (St. Catharines)
DATE: 2015/04/20
ONTARIO
BETWEEN:
Dallas Ernest Sartain
Applicant
- and -
Isabel Marie McCabe
Respondent
COUNSEL:
Daniel Toppari, for the Applicant
The Respondent appeared without counsel
HEARD: March 10 and 11, 2015
BEFORE: R. A. Lococo, J.
SUPPLEMENTARY REASONS FOR JUDGMENT
[1] These Supplementary Reasons for Judgment correct the terms of the final order in the Reasons for Judgment dated April 8, 2015, reported as Sartain v. McCabe, 2015 ONSC 2198. The revisions to paragraph 49 of the Reasons for Judgment are set out in paragraph 2 below. The changes to the text are in boldface type. As well, approval of the form and content of the formal order by the Respondent is waived.
[2] Based on the foregoing, a final order will issue in the following terms:
The matrimonial home in Paisley jointly owned by the parties shall continue to be listed for sale. Both parties shall co-operate with the listing and sale of the matrimonial home.
Pending sale of the matrimonial home, the Applicant, Dallas Ernest Sartain, shall be responsible for half of the following: (a) mortgage payments; (b) realty taxes; and (c) premiums for insurance coverage required by the mortgage. The parties shall promptly reinstate insurance coverage on the matrimonial home that is required by the terms of the mortgage. If necessary to do so, the Applicant shall promptly pay the full amount of the required premium, with a right of recovery from the Respondent, Isabel Marie McCabe, of half of the premium amount.
The Applicant shall hold the Respondent harmless and indemnify her with respect to her obligations under their joint line of credit with Scotiabank. Neither party shall make any further withdrawals under that or any other credit line for which the parties are jointly responsible.
The parties’ other claims are dismissed, including without limitation their respective claims for division of net family property and the Respondent’s claim for spousal support.
The Applicant’s failure to comply in any material respect with the payment requirements of paragraphs 2 and 3 above shall constitute a material change of circumstances with respect the Respondent’s entitlement to spousal support.
Costs, if demanded and not settled by the parties, will be determined based on written submissions.
The Honourable Mr. Justice R.A. Lococo
Released: April 20, 2015
CITATION: Sartain v. McCabe, 2015 ONSC 2485
COURT FILE NO.: 843/12 (St. Catharines)
DATE: 2015/04/20
SUPERIOR COURT OF JUSTICE - ONTARIO
FAMILY COURT
BETWEEN:
Dallas Ernest Sartain
Applicant
- and -
Isabel Marie McCabe
Respondent
SUPPLEMENTARY REASONS FOR JUDGMENT
R. A. Lococo, J.
Released: April 20, 2015