SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-10-69454-00
DATE: 2015 12 16
RE: RUPINDER BHANDAL v. CHHINDERPAL BHANDAL
BEFORE: LeMay J.
COUNSEL:
Self-represented, Applicant
Daman Aujla/ Manny Chahal, Counsel for the Respondent
ENDORSEMENT
[1] In my November 24th, 2015 decision, at paragraph 96, I invited the parties to make submissions about any calculation errors that I had made in my calculation of support. These submissions were to be limited to calculation errors, and were not designed to allow the parties to revisit any of my findings.
[2] The Applicant, Rupinder Bhandal has filed an Affidavit dated December 15th, 2015. In this Affidavit, he provides additional documentation that was not part of the original record, advises that additional documentation for 2010 and 2011 will be forthcoming later, and asks for additional time to provide the 2015 documentation. He then uses this documentation to set out calculations of his income for my consideration.
[3] This is new evidence that was not part of the record, as far as I am aware. At paragraph 31 of my November 24th, 2015 decision I stated:
Both parties were still offering to produce additional documents during the course of their testimony at trial. This continued up to the final argument. I did not permit any additional documents to be filed by either party once Rupinder had completed his examination in chief. I also gave him several opportunities during the course of his testimony to ensure that he had told me everything he wished to put on the record about his case.
[4] I provided Rupinder with every opportunity to share this documentation with the Court at the time the trial took place. I have no explanation for why this documentation was not provided earlier in the process. Given that, except for calculation issues, I have decided these matters, I am not prepared to consider this documentation or to modify my calculations of income based on that documentation.
[5] I would note that the 2015 documentation that Rupinder is seeking to provide later is covered by paragraph 87 of my reasons. He is obligated to share that information with the Respondent, Chhinderpal Bhandal, but is not required to file it with the Court unless he is bringing a motion to change the amount of support.
[6] Finally, I confirm that I have not received any submissions or materials from Chhinderpal’s counsel. In the circumstances, therefore, the opportunity to make submissions on my calculations as described in paragraph 96 has passed, and the calculations stand.
LeMay J.
DATE: December 16, 2015
COURT FILE NO.: FS-10-69454-00
DATE: 2015 12 16
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: RUPINDER BHANDAL v. CHHINDERPAL BHANDAL
BEFORE: LeMay J.
COUNSEL: J Self-represented, Applicant
Daman Aujla/ Manny Chahal, Counsel for the Respondent
ENDORSEMENT
LeMay J.
DATE: December 16, 2015