COURT FILE NO.: FS-15-403750 DATE: 20170530
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
DIMITAR POPOVSKI In person Applicant
- and -
TATJANA PIRKOVA In person Respondent
HEARD: March 20, 21, 22, 23 and 24, 2017
MESBUR J
CORRIGENDUM TO REASONS FOR DECISION
[1] Ms. Pirkova has brought to my attention an arithmetical error in my decision dated April 18, 2017. She quite rightly points out that the calculation for 2015 in paragraph 66 of the decision is incorrect. Eight months of child support at $898 per month comes to $7,184, not $4,490 as stated in the paragraph. Thus, Mr. Popovski will owe an additional $2,694.
[2] As a result of this error, the following changes must be made to the decision:
a) Paragraph 66 of the decision must be amended so that the calculation for 2015 now reads:
“2015 8 months @ 898 $7,184”
b) Paragraph 66 of the decision must be amended so that the TOTAL is now $59,339;
c) Paragraph 68 of the decision must be amended so that the set-off amount is now $45,588;
d) Paragraph 77 of the decision must be amended so that the total set-off amount for retroactive child support is now $41,388; and
e) Paragraph 126(a) of the decision must be amended so that the figure is now $41,388.
[3] I recognize that Mr. Popovski suggests Ms. Pirkova should have appealed the decision to address this issue. He is incorrect. Rule 59.06(1) of the Rules of Civil Procedure permits the amendment of an order containing an error as a result of a slip or omission. Here, as I understand it, the formal order has not yet been taken out. I retain the jurisdiction to correct the arithmetical mistake in the decision. No formal motion was necessary. Dealing with the issue by way of correspondence, bringing the error to my attention, was the most efficient and cost-effective way of addressing the mistake.
[4] An order shall issue making these corrections to the decision. In all other respects, the decision is confirmed.
MESBUR J Released: May 30, 2017

