CITATION: DeRose v. DeRose, 2016 ONSC 7610
COURT FILE NO.: FS 84/16
DATE: 2016/12/06
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Rebecca Marjorie DeRose
Judith Holzman, for the Applicant(Recipient)
Applicant(Recipient)
- and -
Anthony Peter DeRose
David I. Shapiro, for the Respondent(Payor)
Respondent(Payor)
HEARD AT Welland, Ontario: November 24, 2016
The Honourable Justice T. Maddalena
DECISION Re: GARNISHMENT HEARING
[1] On October 6, 2016 the Superior Court of Justice at Welland issued a notice of garnishment to the following:
(i.) TD Bank, 10655 Bramalea Road, Brampton, Ontario;
(ii.) Royal Bank of Canada, 20 York Mills Road, 6th Floor, Toronto, Ontario; and
(iii.) National Bank, The Exchange Tower, 130 King Street West, Toronto, Ontario.
[2] This notice was issued at the request of the recipient Ms. DeRose seeking to enforce spousal support arrears and ongoing monthly spousal support.
[3] The payor, Mr. DeRose, filed a notice of dispute.
[4] The Superior Court at Welland then set a garnishment hearing scheduled for November 24, 2016 at 2:30 p.m.
[5] The National Bank has responded on November 8, 2016 to counsel for Ms. DeRose stating that National Bank does not hold funds in the name of the payor Mr. DeRose.
[6] However, Mr. DeRose in a financial statement sworn November 1, 2016 in court proceeding # FS 88/16 indicated an asset of $512,500 in Bull Capital Management, which I am told by the recipient’s counsel, operates through National Bank.
[7] Further, RBC forwarded an email dated October 28, 2016, in response to the notice of garnishment, to Mr. Shapiro, the counsel for the payor, referencing “I hope this helps”. Further correspondence dated November 24, 2016 from RBC to the payor’s counsel noted as follows:
“The bank has been put on notice about a garnishment dispute. We do not see how we can add any value by hiring external counsel to attend this hearing. Instead, we will be guided by the judge’s decision to terminate/continue the garnishment. We trust the above proves sufficient and if you think we are missing something please advise. Thank you.”
[8] A copy of this correspondence of November 24, 2016 was forwarded to Ms. Holzman as counsel for the recipient.
[9] Both of these responses from RBC are quite frankly incomprehensible. Neither is a proper response to the notice of garnishment issued by the court.
[10] Further, the TD Bank merely sent the notice of garnishment back to the court October 25, 2016 stamped “DEBTOR HOLD NO ACCOUNTS”.
[11] Again, the financial statement sworn by Mr. DeRose November 1, 2016 and filed with this court indicates assets in TD Bank as well as RBC, in addition to those assets in Bull Capital Management.
[12] I conclude, therefore, that in light of the financial statement filed by Mr. DeRose sworn November 1, 2016, and the representations of Mr. Shapiro, that he indeed does hold assets in each of National Bank, RBC, and TD. The responses to the notices of garnishment by the three financial institutions are wholly inadequate.
[13] The garnishment hearing is therefore adjourned to a date to be set between counsel and the trial coordinator. Representatives of the three financial institutions served with the garnishment notice shall be in attendance at the next garnishment hearing set by the court.
Summary of Orders Made
[14] The following orders are made:
This garnishment hearing is adjourned to a date to be set between counsel for the recipient and payor and the trial coordinator.
Representatives of RBC, TD and National Bank shall be served with this order and shall be in attendance at the next garnishment hearing set by this court before me.
Costs
[15] Costs of the hearing on November 24, 2016 are reserved to the garnishment hearing to be scheduled in accordance with my order herein.
Maddalena J.
Released: December 6, 2016
CITATION: DeRose v. DeRose, 2016 ONSC 7610
COURT FILE NO.: FS 84/16
DATE: 2016/12/06
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Rebecca Marjorie DeRose
Applicant(Recipient)
- and –
Anthony Peter DeRose
Respondent(Payor)
DECISION Re: GARNISHMENT HEARING
Maddalena J.
Released: December 6, 2016