Lea v. Lea, CITATION: 2017 ONSC 4018

COURT FILE NO.: D24974/15

DATE: 2017-06-29

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Kelly Christine Lea, Applicant

AND: Joseph Hampton Lea, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: Dean J.D. Moldenhauer for Applicant; Anne DiSanto for Respondent

HEARD:

ENDORSEMENT

[1] The Respondent moves for an extension of time within which to file a financial statement. An extension of time to file an answer was given from the bench without strong opposition. As to the financial statement, however, the Applicant submits that more time should be denied and the Respondent should not be allowed to take further part in the proceedings.

[2] The proceeding is the Applicant’s motion to change access and child support. The financial statement is relevant to the latter aspect of the motion.

[3] The Respondent says that he will be prepared to file a financial statement by July 31 next. He has not been able to do so up until now because he has not filed his tax returns for three years and his affairs are in the hands of his accountant. The Respondent is self-employed.

[4] That is not really an excuse. He should have filed his tax returns every year and his 2016 return by the end of last April.

[5] The existing order, which was based on minutes of settlement, requires the parties to answer a once yearly request for disclosure of financial information. The Applicant made the request in October 2016 and has not had a response. I do not accept the contention that the Respondent did not get the request. There is proof in the record that the request was sent to him. His contention that he did not get it is not supported by any evidence in the record.

[6] The prejudice to the Applicant consists in the delay in getting child support to which she may be entitled and delay in resolving access issues. These delays are harmful to the children as well. I think that I can remedy the prejudice without denying the Respondent the right to participate further in the financial issue.

[7] The Respondent may file a sworn financial statement on or before July 31, 2017. As a condition of this indulgence I impose the following terms:

a. The Respondent shall pay costs to the Applicant in an amount and within a time to be set by me after considering brief written submissions by the parties; and

b. The matter shall proceed to settlement conference before September 30, 2017 unless the parties agree otherwise.

[8] The written submissions mentioned in paragraph [7] a. shall be filed by the Applicant on or before July 7, 2017 and the Respondent on or before July 14.

J.A. Ramsay J.

Date: 2017-06-29