Court File and Parties
COURT FILE NO.: FS-06-58664-01 DATE: 2016-05-27 ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
MAUREEN DORSETT Self-represented Applicant
- and -
BYRON LEVY Self-represented Respondent
HEARD: May 27, 2016, at Brampton, Ontario Justice David Price
Reasons For Decision
NATURE OF PROCEEDING
[1] The parties have re-attended today pursuant to the court’s order dated April 28, 2016, which required Ms. Dorsett to settle the outstanding accounts from Humber College and Sheridan College for the tuition expenses of the parties’ daughter, Letysha Dorsett-Levy, with the $2,527.35 which the Family Responsibility Office had garnished from Mr. Levy’s wages and paid to Ms. Dorsett as his contribution to Letysha’s tuition expenses, and to pay any balance of the said funds to reduce Letysha’s indebtedness to the National Student Loans Service Centre (NSLSC) for student loans made to Letysha.
[2] Additionally, Ms. Dorsett was ordered to produce to Mr. Levy and file with the court the records of FRO as to the amounts of $2,247.70 and $1,078 that FRO garnished from Mr. Levy on December 29, 2010, and December 5, 2011, respectively and show proof that the expenses of Letysha, which Mr. Levy’s contributions were intended to pay, had been paid.
[3] Finally, Ms. Dorsett had claimed contribution from Mr. Levy for other expenses which she said she had incurred for the parties other child, Shyan Dorsett-Levy, set out in my reasons dated April 28, 2016, and amounting, in total, to $3,493.63, and the court deferred argument on that claim to today.
NEW EVIDENCE FILED FOR THIS HEARING
[4] Since the hearing on April 28, 2016, Ms. Dorsett has tendered evidence from Humber College, in the form of an email from Renée Khan, a Customer Service and Fees Coordinator in the office of the Registrar, Lakeshore Campus, dated May 4, 2016, showing that the College’s account for Letysha’s tuition expenses was paid in full by a web-payment of $200 on June 23, 2014, and payments from OSAP (Canada Student Loans) from October 15, 2014, to January 19, 2015, in the total amount of $3,403.32.
[5] Additionally, Ms. Dorsett has tendered evidence from Sheridan College, in the form of a letter dated April 29, 2016, from Emma Dickson, Associate Registrar, indicating that the sum of $1,017 remained outstanding from their account to Letysha, and was sent to Collections on March 27, 2013. Ms. Dorsett tendered a receipt from the Toronto-Dominion Bank for a draft in the amount of $1,017 to Sheridan College, issued May 4, 2016, and Sheridan College’s Student Payment Receipt for that amount, also dated May 4, 2016.
[6] Additionally, Ms. Dorsett has tendered receipts from the National Student Loans Service Centre for the following amounts received from Ms. Dorsett on the account of Letysha:
(a) $210.52 (money order) received May 5, 2016 (b) $500.00 (cheque) received May 2, 2016 (c) $800.00 (draft) received May 5, 2016.
and a Loan Statement from the NSLSC showing the above three payments, which have reduced Letysha’s outstanding balance on her student loan to $7,855.27 as of May 14, 2016.
[7] With regard to the amounts of $2,247.70 garnished from Mr. Levy’s account on December 29, 2010, and the $1,078 garnished from his account on December 5, 2011, Ms. Dorsett has produced a copy of a request dated May 1, 2016 signed by her, to the Family Responsibility Office, requesting copies of the receipts for those amounts and, additionally, for amounts of $1,263.85 on December 12, 2010 and $1,263.50 on January 25, 2012. The Acting Freedom of Information and Protection of Privacy (FIPPA) Representative for the Ministry of Community and Social Services replied, by letter dated May 9, 2016, to Ms. Dorsett’s request, but Ms. Dorsett has attached to her affidavit only the documents received in response to her inquiry about the amounts of $1,263.85 garnished on December 12, 2010 and $1,263.50 garnished on January 25, 2012, not the document which the court ordered her to produce, which relate to the amounts of $2,247.70 garnished on December 29, 2010, and the $1,078 garnished on December 5, 2011.
FINDINGS OF THE COURT
[8] The documents which Ms. Dorsett has produced in relation to the garnishments on December 12, 2010 and January 25, 2012 disclose that Ms. Dorsett submitted claims to FRO for amounts that the NSLSC had loaned to Letysha for her tuition. Mr. Levy’s 70% contribution to the repayment of those amounts was duly garnished from him by the FRO and paid to Ms. Dorsett, but the only repayment of the NSLSC appear to have been made after this court’s order on April 28, 2016, and the only amount repaid to the Colleges or to NSLSC, apart from those ordered by the court, was the web payment of $200 made on June 23, 2014, to Humber College, referred to above, and it is unclear whether that payment was made by Letysha or by Ms. Dorsett.
[9] While the records which Ms. Dorsett has tendered from FRO do not explain all the amounts she claimed, and that FRO garnished, from Mr. Levy, they do disclose a pattern of Ms. Dorsett submitting claims to the FRO for amounts loaned to Letysha by the NSLSC, FRO garnishing Mr. Levy’s wages for 70% of the amount of those loans and paying those contributions to Ms. Dorsett, who then failed to repay the NSLSC either Mr. Levy’s contribution, which had been paid to her, or her own 30% contribution. This helps explains why amounts were garnished from Mr. Levy that he was unable to account for, and $7,855.27 remains owing to the NSLSC by Letysha. The NSLSC requires repayment of the balance Letysha’s loan to begin next month, in June 2016.
[10] I am satisfied, based on the evidence which Ms. Dorsett submitted on April 28, 2016, that she incurred the expenses set out in paragraph 27 of my reasons of that date, in the total amount of $3,493.63. All of these expenses, with the exception of $80.02 for school uniforms, and $113.00 for a graduation dress, both of which should reasonably be expected to be paid with regular child support, are special and extraordinary expenses for Shyan Dorsett-Levy, who is 14 years old and continues to be a child of the marriage, and whose s.7 expenses are the obligation of both parents. Mr. Levy will therefore be required to contribute 70% to the payment of the balance of those expenses, amounting to $3,300.00.
ANALYSIS
[11] Having regard to Ms. Dorsett’s failure to use the funds she has received from FRO as Mr. Levy’s contribution to the repayment of NSLSC loans, Ms. Dorsett will be ordered to repay the entire balance of those loans currently outstanding, that is, $7,855.27, without further contribution from Mr. Levy, at the rate and according to such schedule as the NSLSC prescribes, and she shall be required to provide proof to Mr. Levy that she is doing so.
[12] Mr. Levy shall be ordered to pay the $2,310 which represents his 70% contribution to the payment of Shyan’s s.7 expenses of $3,300, as set out above, which shall be enforced by FRO, subject to whatever credit Mr. Levy has with FRO for amounts garnished from his wages for child support for Letysha beyond the July 1, 2012, date of termination of her child support, as provided for in paragraph 1 of the court’s order dated January 14, 2015, in this proceeding.
[13] Having regard to Ms. Dorsett’s failure to use the contributions garnished by FRO from Mr. Levy, and paid to her, for the payment of Letysha’s s.7 expenses, any future contributions by Mr. Levy to the payment of expenses for Shyan Dorsett-Levy shall require a specific order of this court, obtained by Ms. Dorsett, on notice to Mr. Levy, supported by invoices and receipts attached to her affidavit.
CONCLUSION AND ORDER
[14] For the forgoing reasons, it is order that:
Mr. Levy shall pay $2,310 to Ms. Dorsett as his 70% contribution to Shyan Dorsett-Levy’s s.7 expense, as set out in paragraph 27 of the court’s reasons dated April 28, 2016.
Ms. Dorsett shall repay to the NSLSC the balance existing today in Letysha Dorsett-Levy’s student loan, which amounted to $7,855.27 as of May 14, 2016, at the rate and according to such schedule as is prescribed by the NSLSC for the repayment of that loan, and shall forthwith produce to Mr. Levy all records in connection with that indebtedness and her payment of it, as she receives such records and makes her payments.
Ms. Dorsett shall forthwith provide a copy of this endorsement to the NSLSC and make arrangements with them for the repayment by her of the balance of Letysha’s student loan. The NSLSC shall produce to Ms. Dorsett all information and records requested by her in connection with Letysha Dorsett-Levy’s student loan, and shall also produce such information and records to Mr. Levy, should he request it.
Effective June 1, 2016, the Family Responsibility Office shall enforce, in respect of Mr. Levy’s child support obligations, only the regular child support of $495 per month which he is required to pay for Shyan Dorsett-Levy from July 1, 2012, onward, as provided for in this court’s order dated January 14, 2016, and the $2,310 which he is required to pay pursuant to paragraph 1 above, and such other contributions to Shyan’s s.7 expenses as are specifically ordered by the court in the future. Ms. Dorsett shall obtain such orders by motions on notice to Mr. Levy, which may be made in advance of payments having to be made on Shyan’s behalf, provided they are supported by proper evidence.
Mr. Levy shall be entitled to credit for any overpayment made in the past, as garnished by FRO.
A Support Deduction Order shall issue, and the court shall send it to FRO, with a copy of this endorsement.
Ms. Dorsett shall henceforth consult Mr. Levy in writing, in advance of committing to any s.7 expenses for which she intends to seek contribution from Mr. Levy, and shall seek his input before making such commitments. Mr. Levy shall confine his communications with Ms. Dorsett to only such as are relevant and necessary in relation to his access to Shyan Dorsett-Levy or in relation to the s.7 expenses which are contemplated to be incurred on Shyan’s behalf, for which Ms. Dorsett intends to claim contribution from Mr. Levy.
Ms. Dorsett shall send to Mr. Levy a copy of all records in her possession, power or control now, or in the future, in connection with Shyan Dorsett-Levy’s studies, including all report cards, application for post-secondary studies, and applications for financial assistance, and the outcomes of such applications, and shall retain a record of such correspondence, for so long as she claims child support from Mr. Levy.
Ms. Dorsett shall provide to Mr. Levy in writing her and Shyan’s contact information, and notify him forthwith and in writing of any changes to that information. She shall additionally cooperate with and facilitate such efforts as Mr. Levy shall make through his Employee Assistance Plan or otherwise, to arrange counselling for himself and Shyan with a view to repairing or strengthening their relationship.
In the event of any problem or dispute in the implementation of the order, either party may apply to the court for directions, which may be by motion on notice to be heard by me between 9:00 a.m. and 10:00 a.m. on a date when I am presiding, to be arranged in advance with my judicial secretary, at Sherry.McHady@ontairo.ca.
Approval of this order as to form and content is dispensed with.
Justice David Price Released: May 27, 2016