SUPERIOR COURT OF JUSTICE – ONTARIO
Court File No.: FS-14-81338
Date: 2015 09 28
RE: Filomena Conceicao Santos v. Antonio Jose Santos
Before: Bloom J.
Counsel:
S. Bookman, for the Applicant
E. Birnboim, for the Respondent
Heard: September 25, 2015
E N D O R S E M E N T
[1] The Applicant, the Moving Party, brings a motion under Family Law Rule 11(3) for permission to amend her Application to add a claim under s.5 (6) of the Family Law Act.
[2] The Applicant seeks the amendment to make allegations that post-separation the Respondent has transferred large sums of money from a corporation, Locomote, owned directly or indirectly by the Applicant to a corporation owned by the Respondent.
[3] The Applicant rightly contends that permission of the court must be granted under Rule 11(3) unless the amendment would disadvantage the Respondent in a way not compensable by costs or an adjournment. The Ontario Court of Appeal so held in Greenglass v. Greenglass, 2010 ONCA 675 at paragraph 17.
[4] The Respondent resists the motion on the basis that he would be prejudiced, unless the amendment was coupled with the addition as parties of the corporations involved in the manoeuvres alleged by the Applicant. The Respondent argues that the addition of these parties should be on motion of the Applicant.
[5] I respectfully disagree with the Respondent’s position, and grant the amendment sought. There is no reason that the s. 5(6) FLA claim cannot be adjudicated without the addition of the corporations as parties. If those corporations have claims against one another, they can be the subject of separate proceedings.
[6] If the parties are unable to agree as to costs, they may deliver written submissions for my consideration. Those submissions are to be no more than 3 pages in length, excluding a bill of costs. The Applicant is to deliver her submissions within 15 days from the release of this endorsement, and the Respondent is to deliver his submissions within 10 days of receipt of the Applicant’s submissions.
Bloom J.
DATE: September 28, 2015
COURT FILE NO.: FS-14-81338
DATE: 2015 09 28
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Filomena Conceicao Santos v. Antonio Jose Santos
BEFORE: Bloom, J.
COUNSEL: S. Bookman, for the Applicant
E. Birnboim, for the Respondent
ENDORSEMENT
Bloom J.
DATE: September 28, 2015