Court File and Parties
LONDON COURT FILE NO.: F1186/12 DATE: 20160610 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Christine Rosehart, Applicant AND: Peter Gensens, Respondent
BEFORE: CAREY J. HEARD: May 11, 2016
Endorsement
1By order of Vogelsang J. on May 15, 2015, Mr. Gensens’ obligation of support under the order of Austin J. was terminated effective May 2, 2012.
2The parties were given a special appointment date before me by Rady J., to determine if there were arrears or overpayment on the order. Both have provided their calculations and documents in support.
3There is a lengthy history of a high conflict dispute between these self-represented parties. The applicant’s calculations conclude that just under $41,000 is owed. The respondent’s material concludes that there was an overpayment of approximately $4,000.
Applicant’s Material
4Ms. Rosehart accuses her ex-partner of fabrication and deception in his affidavit and related materials. She asserts that for his 2012 income, she used a lesser amount of $9,310.68 than his stated income of $22,000. She disputes his current statement and urges an imputed income of $60,000. She disparages his relationship with his son and points to Mr. Gensens’ relationship with his new partner and an alleged lavish lifestyle. She says the lengthy custody battle was only about him not wanting to pay support. She says that after 2012, Michael resided with her.
5Ms. Rosehart has numerous attachments (A – P). The attachments and the bulk of the affidavit is irrelevant to arrears owing on the existing order and do not address the issue of overpayment after 2012. Paragraph 21 addresses that issue, “school records, mail, Michael’s signed timeline and financial statement, Bernadette Rosehart’s affidavit and I say that Michael resided with me (Exhibit ‘N’)”. Exhibit ‘N’ is the school record dated September 2013 and is Michael’s report card for Grade 11 and 12.
6Bernadette Rosehart is the applicant’s sister. Her affidavit deals primarily with issues when Michael was very young. One unnumbered line asserts, “Michael always resided with Christine. He never lived anywhere else or with anyone else.”
7Michael provided an affidavit consisting of two lines that confirm he received $440 monthly child support payments when he attended university and approximately $150 total for groceries over 3 to 4 occasions.
8The applicant’s material seems to be an attempt to re-litigate the order of Vogelsang J. without appealing it and fails completely to address the issue as framed by Rady J. for the special appointment.
Respondent’s Material
9Mr. Gensens relies on the Statement of Arrears from the Director of F.R.O. It shows a steady payment history by him with no real accumulation on the order until after May 2, 2012. His calculation is based on the payments made after that date and are accurate in their total, reflecting two payments of $1,760 one each in 2012 and 2013, and a final payment of $540 in December 2014.
Conclusion
10Accordingly, there will be an order that Ms. Rosehart has been overpaid by Mr. Gensens in the amount of $4,060.
11Mr. Gensens and Ms. Rosehart have been self-represented during the current dispute. His claim for $50,000 in court costs demonstrates an unreasonableness matching that of Ms. Rosehart’s position. No order as to costs.
“original signed and released, Carey J.” Thomas J. Carey Justice Date: June 10, 2016