COURT FILE NO.: FS-08-0046-02
DATE: 2018 Jul 13
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
KELLY ANN McMURTER
Applicant
– and –
JAMES ROBERT GORDON McMURTER
Respondent
Self-represented
Self-represented
HEARD at Belleville: July 9, 2018
MacLeod-Beliveau J.
REASONS FOR DECISION FOR ADJOURNMENT
(Motion In Respect of Post-Trial Issues of Security for Future Spousal Support)
[1] This matter was returnable before me on July 9, 2018 pursuant to the terms of my written endorsement of May 7, 2018 to confirm whether or not Mr. McMurter had complied with the terms of that endorsement by making certain payments in order to obtain court approval of the sale of his Bell’s Side Road Property as in Schedule “F” to the Final order of July 15, 2016 which is attached. The record was endorsed on July 9, 2018 that for reasons to follow this matter is further adjourned to October 11, 2018 at 2:00 p.m., on terms as outlined herein. These are my reasons for the adjournment.
[2] The May 7, 2018 endorsement reported at McMurter v. McMurter, 2018 ONSC 2626 provided Mr. McMurter had until June 29, 2018 to pay to the Director of the Office of the Family Responsibility Office any and all sums owing to the Director such that Mr. McMurter’s account with the Director had a zero balance as of June 29, 2018; and that Mr. McMurter had paid all outstanding costs orders of $6,265.00 to Mrs. McMurter, as ordered by the Ontario Court of Appeal on or before June 29, 2018, and that Mr. McMurter was not in default of his monthly spousal support order.
[3] On July 9, 2018, Mr. McMurter confirmed on the record that he failed to make all of the necessary payments as required by the May 7, 2018 endorsement.
[4] On June 29, 2018, Mr. McMurter served Mrs. McMurter with a motion to request an adjournment of the July 9, 2018 hearing. Mr. McMurter advised he had ordered a transcript that he wished to refer to and to make further submissions. I note that the transcript request appears to be for an electronic copy only and appears to request a transcript for May 5, 2018 which has to be an error as there was no hearing of this matter on May 5, 2018. I understand the transcript that Mr. McMurter is seeking is for the April 23, 2018 hearing. Mr. McMurter is directed to file an amended request for a transcript citing the correct date and providing his contact information on page 2 of the transcript request for the benefit of the court reporter, as is required. This matter will not be further adjourned due to any additional delay in obtaining the transcript.
[5] The request for the adjournment is granted. There is no real prejudice to Mrs. McMurter as Mr. McMurter remains bound by the July 15, 2016 final order reported at McMurter v. McMurter, 2016 ONSC 1225 that Mr. McMurter cannot sell, or in any way deal with his four secured properties, including the Bell’s Side Road property, without first obtaining an order of the court allowing it, and this is what this hearing is about.
[6] This matter is adjourned to October 11, 2018 at 2:00 p.m. for hearing. Mr. McMurter shall serve and file his materials on or before September 21, 2018. Mrs. McMurter shall serve and file her response on or before October 5, 2018. Mr. McMurter shall serve and file his Reply, if any, on or before October 9, 2018. A copy of any transcript relied upon by Mr. McMurter shall be provided to Mrs. McMurter and to the Court, no later than September 21, 2018, together with Mr. McMurter’s materials.
[7] I have cautioned Mr. McMurter that until such time as any further court order may be issued, Mr. McMurter is bound by terms of the Final Order of July 15, 2016, prohibiting Mr. McMurter from selling, or in any way dealing with the four secured properties as in Schedule “F” attached which includes the Bell’s Side Road property. I have also advised the parties that the issues before the court are limited to the issues of security on these four properties for Mrs. McMurter’s future spousal support as outlined in my trial decision of July 15, 2016 and in my May 7, 2018 endorsement and that other irrelevant materials will not be considered by me at the hearing of this matter on the return date of October 11, 2018.
Madam Justice Helen MacLeod-Beliveau
Released: July 13, 2018
SCHEDULE “F” to the Final Order of July 15, 2016
Mr. McMurter’s Certificates of Possession for Security for Mrs. McMurter’s Future Spousal Support:
202 Church Lane: Legal Description: Lot 33J-13-2 Concession A CLSR 95360. Parcel Type: Surface. Pin: 402525427. Registration Number: 6057403 – purchased in 2011 for $64,000.00, instrument date 2011/05/26 to James Robert Gordon McMurter – Certificate of Possession 403014464. Value $81,974 less current loan of $23,300 for $58,674.
68 Sadie’s Lane: Legal Description: Lot 21B-2 Concession A RSO 331. Parcel Type: Surface. Pin: 402003333. Registration Number 6055682 – ½ interest purchased in 2008 for $12,500.00, instrument date 2008/02/25 as a joint tenant with Ronald Gregg Powless. Mr. McMurter bought out Mr. Powless for an additional $12,500.00 and became sole owner in 2011, instrument date 2011/02/15 to James Robert Gordon McMurter – Certificate of Possession 403013607. Value $122,734.
Bell’s Side Road: Legal Description: Lot 36C-2 Concession A RSO 892. Parcel Type: Surface. Pin: 402006770. Registration Number: 354713 - purchased 2008 for $6,000.00, instrument date 2008/01/04 to James Robert Gordon McMurter – Certificate of Possession 159775. Market Value in 2015 is $200,000.00.
283 Hwy #49, Business Property: Legal Description: Lot 30B – 1 – 1 Concession A RSO 4362R. Pin: 402009559. Value of ½ interest as a joint tenant $150,000 (for a total Value of $300,000).
Total Value: $531,408
Total Security Ordered: $400,000.
COURT FILE NO.: FS-08-0046-02
DATE: 2018 Jul 13
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
KELLY ANN McMURTER
Applicant
– and –
JAMES ROBERT GORDON McMURTER
Respondent
Reasons for decision FOR ADJOURNMENT
(Motion IN RESPECT OF POST-TRIAL ISSUES OF security FOR FUTURE SPOUSAL SUPPORT)
MacLeod-Beliveau J.
Released: July 13, 2018