Court File and Parties
COURT FILE NO.: FS-07-0054-01 DATE: 2016, June 16
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
LISA DIANE SCOTT 8 Golfview Drive Bancroft, ON K0L 1C0 Applicant
– and –
JOHN THOMAS SCOTT 117 Bergeron Road Fort McMurray, AB T9K 2C1 Respondent
COUNSEL:
WILLIAM D. WATSON, for the Applicant Barrister & Solicitor 5 Sherbourne Street North PO Box 6000 Bancroft, ON K0L 1C0
PETER ROBERTSON, for the Respondent Henderson Williams LLP 214 Pinnacle Street Belleville, ON K8N 3A6
FURTHER EVIDENCE SUBMITTED IN WRITING
Tausendfreund, J.
REASONS
1Following my Reasons of January 8, 2016, counsel have now provided further material which I had requested. The within Reasons are to be read in conjunction with my January 8, 2016 Reasons, as they are supplemental and based on the additional material counsel have provided.
2I base my decision in this matter on these additional facts:
a) I accept the Respondent’s 2015 represented income to have been $90,735.00 and that the table amount of support due by the Respondent as an Alberta resident for the two children based on his income of $90,735.00 is $1,294.00 per month.
b) The accumulated arrears of child support owing by the Respondent as of June 15, 2016 and as calculated by the Family Responsibility Office for the Province of Ontario is $16,648.00
3The March 12, 2014 Order of Justice Germain of the Court of Queen’s Bench of Alberta based on the Interjurisdictional Support Order Act of Alberta with respect to child support payable by the Respondent to the Applicant for the children Diane Ashley Scott, born April 16, 1998 and Jack Benjamin Scott, born June 12, 2001, is varied to reflect the 2015 income of the Respondent of $90,735.00. Commencing January 1, 2015 and on the first day of each month thereafter, the Respondent shall pay child support to the Applicant for these two children in the amount of $1,294.00.
4In addition and on account of the accumulated arrears of child support, the Respondent shall pay to the Applicant on the first of June 2016 and on the first day of each month thereafter the sum of $175.00.
5By the first day of June 2017 and the first day of June thereafter so long as the Respondent is obligated to pay child support to the Applicant, the Respondent shall provide to the Applicant a copy of his income tax return for the previous calendar year followed sequentially by the notice of assessment from CRA when received by the Respondent.
6As security for the Respondent’s obligation to pay child support to the Applicant, a copy of the issued Order based on these Reasons may be registered on title of the property located at Lot 18, Concession 6, Township of Wicklow, now Hastings Highlands, in the County of Hastings, in the Province of Ontario, which property is said to be owned by the Respondent as a joint owner with Sheryl Margaret Switzer. This Order shall be a charge against the Respondent’s interest in those lands and shall remain registered so long as the Respondent remains obligated to pay child support to the Applicant.
7The Respondent’s initial Application sought a deduction of child support to $800.00 per month, an elimination of all accumulated arrears and the termination of child support for Diane Scott as of April 30, 2016, as well as a claim for undue hardship. Except for the variation of child support, the remaining claims of relief were withdrawn by the Respondent during the course of this Application. As well, this Application, as reflected in my Reasons of January 8, 2016 was unnecessarily protracted based on the failure of the Respondent to have made adequate and timely financial disclosure. Accordingly, the Applicant will be entitled to costs of this Application fixed at $2,000.00.
Honourable Mr. Justice Wolf Tausendfreund
Released: June 16, 2016