Court File and Parties

CITATION: MESA v. QUIROS, 2016 ONSC 1855

COURT FILE NO.: 48760-14

DATE: 2016-03-15

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ILSA de los ANGELES MESA ROJAS, Applicant

AND:

JAHIRO AUGUSTO QUIROS PLAZAS, Respondent

BEFORE: The Honourable Mr. Justice D.A. Broad

COUNSEL: Charles Morrison, for the Applicant

Barry T. Paquette, for the Respondent

ADDENDUM TO ENDORSEMENT

[1] Following the release of my Endorsement of February 5, 2016 Mr. Morrison wrote to me by letter dated February 18, 2016, suggesting that there may have been an error in paragraph 31 of my Endorsement which carried over to paragraphs 37 and 57(b) relating to the respondent’s income, expressed in Canadian currency, as of September 21, 2015. The figure of $119,048.00 which I utilized was based on Mr. Morrison’s Factum whereas during submissions, he provided a revised handwritten calculation, based on what he described as the correct gross-up, of $128,606.52.

[2] I wrote to the respondent (who at that time was self-represented), requesting that, if he wished to reply to Mr. Morrison’s correspondence, he do so by February 26, 2016. By letter dated February 26, 2016 the respondent advised that Mr. Morrison’s calculations were wrong.

[3] The calculation “error” which Mr. Morrison addressed in his letter would only impact the interim, without prejudice, monthly support obligation of the respondent from June 1, 2015 to February 1, 2016. It would have no effect on the interim monthly spousal support obligation ordered to be paid from and after March 1, 2016.

[4] In my view, it is not necessary in these circumstances to provide for an adjustment to the monthly spousal support for the period June 1, 2015 to February 1, 2016. The amount ordered for this period was an a without prejudice basis, and if necessary, an adjustment may be made at trial, following a full enquiry, taking into account all relevant factors, including the funds withdrawn by each of the parties from the joint account comprising the net proceeds of sale of the their jointly-owned Mexican property.

[5] The request of the applicant for a revision to my Endorsement of February 5, 2016 is therefore denied.

D.A. Broad J.

Date: March 15, 2016