Orser v. Williams-Orser, 2015 ONSC 3423

COURT FILE NO.: FC-14-646-00

DATE: 20150527

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MICHAEL EDWARD ORSER, Applicant

AND:

DENISE MADELEINE MARIE WILLIAMS-ORSER, Respondent

BEFORE: THE HON. MR. JUSTICE J.R. McISAAC

COUNSEL: L. Burgess, for the Applicant

A. Seaton, for the Respondent

HEARD: May 27, 2015

ENDORSEMENT

SPOUSAL/CHILD SUPPORT

[1] Despite the able submission of Ms. Burgess to the contrary, I have not been persuaded that the applicant’s Line 150 figure of $208,292.19 from his 2014 Income Tax Return should not be the base for the determination of these amounts, save for a deduction for his car allowance of $12,000. Although Mr. Orser suggests that his dividend income is only accumulating as opposed to being paid out, I find the explanations for not paying them out to be rather cryptic. In my view, if he is not accessing these entitlements, he should be able to do so. I am of the view that they should constitute available income for the determination of the respondent’s claims.

[2] Accordingly, he is ordered to pay monthly spousal support of $6,662.00, monthly “summertime” child support of $533.00 along with 60% of the proportionate share of Beau’s s. 7 expenses, all beginning July 1, 2015. All claims for alleged arrears are referred to the trial judge. He will also serve and file a “fresh” Financial Statement by June 15, 2015.

SALE OF THE MATRIMONIAL HOME

[3] In light of the fact that the respondent appears to be the eventual beneficiary of a significant payment following a determination of NFP allowing her, in effect, to “buy out” the applicant’s interest in the matrimonial home, I am not prepared to require an immediate sale of the home in which this couple lived for many years and raised their two children. That motion is dismissed.

[4] I am prepared to consider counsels’ submissions as to costs of these motions in writing, those of the respondent to be filed within 15 days of the release of these reasons and those of the applicant, 15 days thereafter, at Barrie.

McISAAC, J.

Date: May 27, 2015