SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 941-2013
DATE: 2015/11/17
RE: Tracy Neil, Applicant
AND
Lee Goodwin, Respondent
BEFORE: The Honourable Michel Z. Charbonneau
COUNSEL: Patrice Cormier for the Applicant
David P. Gray for the Respondent
SUPPLEMENTARY ENDORSEMENT
[1] This is a supplementary endorsement to my endorsement issued on November 3, 2015.
[2] In October I heard a motion brought by the applicant for spousal support and a cross motion by the respondent for child support and various other relief.
[3] By my endorsement of November 3, 2015 I notified the party I was awarding the wife spousal support in the amount of $1,000.00 per month. I also indicated I was leaving to the trial judge’s discretion all other issues which included mainly claims for retroactive payment of child support and special extraordinary expenses.
[4] During submissions, counsel for the respondent, reacting to one of my comment asked whether he would be allowed to file a supplementary affidavit on the issue of past special expenses. I indicated he could.
[5] Although no deadline was fixed for the filing of the supplementary affidavit, I was left with the impression I would receive it within the next 7 days or so.
[6] Counsel for Mr. Goodwin has now filed a supplementary affidavit which I have read. I agree with him that I am not functus and may review this further material because the formal order has not yet been issued.
[7] I have come to the same conclusion after reading the supplementary affidavit. In fact the affidavit confirms my initial view that only the trial judge will be in a position to properly address these issues. The new affidavit material will be very useful for the trial judge and indeed for the purposes of the settlement conference where hopefully the matter may be settled without trial.
[8] I agree with Mr. Gray that the words “which claim… before the Court” should not form part of the formal order. Otherwise, the draft order is approved and may be resubmitted with that variation.
Charbonneau, M.Z.
Date: November 17, 2015
COURT FILE NO.: 941-2013
DATE: 2015/11/17
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Tracy Neil, Applicant
AND
Lee Goodwin, Respondent
BEFORE: The Honourable Justice Michel Z. Charbonneau
COUNSEL: Patrice Cormier for the Applicant
David P. Gray for the Respondent
ENDORSEMENT
Charbonneau, J.
Released: November 17, 2015