Endorsement
COURT FILE NO.: FC-06-3365-1
DATE: 20150702
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Donna Christine Blois, Applicant
AND
Owen Christopher Gleason, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Cynthia Squire, Counsel, for the Applicant
HEARD: June 25, 2015
ENDORSEMENT
[1] This motion is to change the order of Blishen J. dated April 15, 2009 and was heard on an unopposed basis. Mr. Gleason was served, but did not respond. The changes Ms. Blois seeks are in relation to income determination, child support and section 7 expenses for the parties’ two children. Logan is 19, attending the University of Western Ontario in London. Sydny is 16, attending high school in Ottawa.
[2] In her Reasons for Judgment, Justice Blishen found that Mr. Gleason’s income was $111,429 and ordered child support for the two children in the table amount of $1,543 per month. She also determined that going forward the global amount of $10,000 per year was reasonable for section 7 expenses for the two children. She ordered Mr. Gleason to pay $5,000 of that, by payments of $417 per month, bringing the total monthly payment for child support and section 7 expenses to $1,960 per month. There are no arrears under this order.
Mr. Gleason’s Income
[3] Ms. Blois deposes that Mr. Gleason earns $122,963 based on a Treasury Board document for his position of Civil Aviation Inspector – 5, at the highest rate of pay. Given that she knows his position with his employer, years of experience, and so forth, and given that Mr. Gleason did not provide any financial disclosure, I accept this figure as accurate
[4] Ms. Blois goes on to ask the court to impute an additional $12,037 to Mr. Gleason as “travel per diems” based on what she says occurred during cohabitation and what the children have told her. The parties separated in 2001. I was not directed to any finding by Justice Blishen with respect to travel per diems constituting additional income for Mr. Gleason in any of the years for which she determined his income (2004-2008). I have only Ms. Blois’ belief and vague hearsay from the children to support the claim that Mr. Gleason earns additional income on account of employment related travel, as opposed to being compensated for the expenses he incurs for work related travel.
[5] Accordingly, I find his income to be $122,963 in accordance with the Treasury Board pay scale.
Logan’s Expenses
[6] Logan commenced first year university in September, 2014. Ms. Blois deposes that his annual expenses are:
Tuition, accommodation, etc.
$20,000 - $23,000 per annum
Rowing
$4,256.87 per annum
Prescription, counselling fees
$10,840 per annum
[7] Ms. Blois proposes Logan should contribute $1,000 annually. She says he is an elite varsity rower with aspirations of becoming a world class rower. For this reason he focuses on training leaving little time for employment. Ms. Blois also advises that Logan has recently been diagnosed with General Anxiety Disorder and depression, requiring weekly counselling and medication at a cost of $904 per month. She also deposes that due to this diagnosis Logan will need 4.5 years to complete his 3 year degree.
[8] No medical report accompanied Ms. Blois’ affidavit. She did attach a copy of one prescription receipt and a Paypal statement showing a fee to a Dr. Sogge of $215. In submissions some mention was made that Dr. Sogge works in some capacity with athletes, but again, no evidence was provided other than Ms. Blois’ statements noted above.
[9] I accept the annual cost of $20,000 - $23,000 for Logan’s attendance at university out of town.
[10] Based on the mother’s affidavit, I do not find that the rowing expenses and counselling expenses meet the definition under section 7(1) of the Federal Child Support Guidelines:
- (1) In a child support order the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation:
(a) child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;
(b) that portion of the medical and dental insurance premiums attributable to the child;
(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;
(e) expenses for post-secondary education; and
(f) extraordinary expenses for extracurricular activities.
(1.1) For the purposes of paragraphs (1)(d) and (f), the term “extraordinary expenses” means
(a) expenses that exceed those that the spouse requesting an amount for the extraordinary expenses can reasonably cover, taking into account that spouse’s income and the amount that the spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate; or
(b) where paragraph (a) is not applicable, expenses that the court considers are extraordinary taking into account
(i) the amount of the expense in relation to the income of the spouse requesting the amount, including the amount that the spouse would receive under the applicable table or, where the court has determined that the table amount is inappropriate, the amount that the court has otherwise determined is appropriate
(ii) the nature and number of the educational programs and extracurricular activities,
(iii) any special needs and talents of the child or children,
(iv) the overall cost of the programs and activities, and
(v) any other similar factor that the court considers relevant.
[11] The evidence before me is insufficient to satisfy me that these expenses are necessary in relation to the child’s best interests, or to any special needs or talents he may have. By way of example, there is no evidence from a rowing coach or a physician as to Logan’s individual needs, abilities, and prospects. Particularly where the child’s contribution to post-secondary education is sought to be set at only $1,000 per annum, a more fulsome, independent explanation ought to be presented. Although Ms. Blois is entitled to proceed to an uncontested trial, the court is not a rubber stamp, here to grant all she requests, in the absence of an adequate, evidentiary foundation.
Sydny’s Expenses
[12] Sydny is currently in high school. If she pursues post-secondary education she is expected to do so commencing in September, 2017. Ms. Blois does not seek to change Justice Blishen’s order as it pertains to Sydny’s section 7 expenses, until Sydny starts university. Then, she asks that Sydny’s contribution be set at $1,000 annually and that Mr. Gleason pay $11,119.60 each year toward her post-secondary expenses. This amount is the same as is asked for Logan, and presumably is based on the assumption that Sydny will also attend an out of town university.
Decision
[13] Mr. Gleason’s income is rounded to $123,000 per annum. Ms. Blois’ income is $138,000 per annum.
[14] Mr. Gleason shall pay Ms. Blois child support for Sydny throughout the year, and for Logan, during the four summer months (May to August inclusive) if he is living in her home. The averaged monthly amount calculated over a 12 month period is $1,272. As asked in counsel’s draft order, this shall commence July 1, 2015, and continue until there is a change in the living arrangements for either child, at which time the table amount of child support will have to be recalculated.
[15] Mr. Gleason shall contribute his percentage share to the children’s post-secondary expenses after the child’s reasonable contribution has been deducted. The child’s contribution shall be deemed to be $3,000 annually, in the absence of proof of another, actual and reasonable income, which may be asked for by either parent.
[16] Mr. Gleason’s percentage of the parents’ combined income is 47%. Accordingly for Logan’s first year of university he shall pay the total of $7,717.40 payable forthwith. This amount includes credit for the $208 per month paid for Logan’s special expenses pursuant to Justice Blishen’s order.
[17] Commencing September 1, 2015, and each month thereafter for so long as Logan is registered as a full-time student and until he completes his first degree, Mr. Gleason shall pay $724.60 per month ($8,695 /12) as his contribution to his son’s post-secondary education expenses. The requirement to make this payment is that Logan provide his father with proof of his course registration, course completion and proof of his post-secondary expenses for each year.
[18] In addition, Mr. Gleason shall pay 47% of Logan’s prescription medication which is an additional $20.53 per month, subject to proof it is still required.
[19] Mr. Gleason shall continue to pay $208 per month for Sydny’s section 7 expenses pursuant to Justice Blishen’s order. Upon proof of her registration in university he shall also pay his percentage of her post-secondary expenses calculated in the same way as is set out for Logan above. The monthly payment should commence September 1 in the first year of her attendance and shall be $724.60 per month subject to verification of, and adjustment for, Sydny’s actual expenses.
[20] Other terms proposed by Ms. Blois, to be included in my order:
Ms. Blois will provide Mr. Gleason with an accounting of Logan and Sydny’s special and extraordinary expenses on July 1 of each year and the parties will adjust the payments accordingly for the previous year.
Logan and Sydny will provide Mr. Gleason and Ms. Blois with their proof of enrollment in university, registration in courses, expenses and invoices on July 1 of each year while they are attending post-secondary education.
Mr. Gleason and Ms. Blois shall exchange Notices of Assessment from Canada Revenue Agency on July 1 of each year and the parties shall adjust their payments accordingly.
This order bears post-judgment interest at the rate of _____ % per annum effective from the date of this order. Where there is a default in payment, the payment in default shall bear interest only from the date of default.
Unless the order is withdrawn from the Director’s office, Family Responsibility Office, it shall be enforced by the Director and amounts owing under the order shall be paid to the Director, who shall pay them to the person to whom they are owed.
[21] Ms. Blois is also entitled to costs but did not make submissions as to an amount. If written submissions are not made by July 20, 2015, her costs shall be fixed in the all inclusive amount of $2,500.00.
J. Mackinnon J.
Date: July 2, 2015
COURT FILE NO.: FC-06-3365-1
DATE: 20150702
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Donna Christine Blois, Applicant
AND
Owen Christopher Gleason, Respondent
BEFORE: J. Mackinnon J.
COUNSEL: Cynthia Squire, Counsel, for the Applicant
ENDORSEMENT
J. Mackinnon J.
Released: July 2, 2015