COURT FILE NO.: FC-02-862-3
DATE: 2018/01/30
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Carol Lalande, Applicant
AND
Bernard Pitre, Respondent
BEFORE: Madam Justice Sylvia Corthorn
COUNSEL: Carol J. Craig, for the Applicant
Kevin Kavanagh, for the Respondent
HEARD: December 17, 2015 and April 27, 2016
ADDENDUM
TO jANUARY 11, 2017 endorsement
corthorn j.
Introduction
[1] In January 2017, I released an endorsement on a motion by the applicant with respect to arrears of child support and section 7 expenses (2017 ONSC 208, “the Endorsement”). At that time, I was unable to make any determination with respect to arrears of child support for 2015 because the respondent’s income information for that year was not available.
[2] Arrears of child support for all years from 2008 to and including 2014 were addressed in the Endorsement. The arrears for 2015 were addressed as follows in paragraphs 27 and 28 of the Endorsement:
The parties are in a position to determine the father’s support obligations for 2015 based on the exchange of documents mandated by the Order. That exchange was to have been made no later than August 2016, which post-dates the April 2016 continuation of the hearing.
The child support payable by the father for the months of January through April, 2015 is to be determined by the parties in accordance with the terms of the Order.
[3] The “Order” referred to above is the order of Polowin J., made in 2008.
[4] In a letter dated January 16, 2018 sent to me by counsel for the applicant, and copied to counsel for the respondent, I was advised that the parties reached an agreement with respect to (a) the respondent’s income for 2015, and (b) the arrears of child support for January through April 2015. Counsel provided me with the figures in that regard. The parties request that by way of an addendum, I address the impact of those figures on the terms set out in paragraph 115 of the Endorsement.
[5] In accordance with that request, I set out below a revised version of paragraph 115 (items 1 through 11) and attach a revised Appendix A. For ease of reference, I have highlighted using bold font the portions of paragraph 115 of the Endorsement and of Appendix A that have been revised from the original of each:
[115] I order as follows:
- The father’s annual income for the purpose of child support and sharing of section 7 expenses shall be as follows:
2008 $ 113,614
2009 $ 67,447
2010 $ 71,097
2011 $ 94,782
2012 $ 133,288
2013 $ 135,237
2014 $ 101,808
2015 $ 74,829
The father’s obligation to pay child support with respect to Catherine Lalande terminates effective November 12, 2012 (i.e. Catherine’s 23rd birthday).
The father’s obligation to pay child support with respect to Alexandre Lalande:
a) Is suspended for the period July 2010 to August 2011;
b) Continues in September 2011;
c) Is suspended for the period October 2011 to August 2013;
d) Continues for the period from September 2013 to April 2015; and
e) Terminates effective April 30, 2015.
The arrears in the child support to be paid by the father, to and including April 2015 is as set out in Appendix ‘A’ to this endorsement. The arrears total $17,656.
The father’s child support obligations, as they relate to Alexandre Lalande, for January through April 2015 are $2,720 and bear interest to be calculated in accordance with this Ruling.
The father shall reimburse the mother in the amount of $19,469.41, which amount represents the father’s share of post-secondary education expenses for Catherine Lalande pursuant to the terms of the 2008 order of Justice Polowin.
The father shall reimburse the mother in the amount of $4,167.62, which amount represents the father’s share of post-secondary education expenses for Alexandre Lalande pursuant to the terms of the 2008 order of Justice Polowin.
The total amount of $23,637.03 ($19,469.41 + $4,167.62), which the father is to reimburse the mother for post-secondary education expenses, shall be paid at the rate of $750.00 per month, commencing on February 1, 2017 and continuing on the first each mother thereafter until such time as said amount, and interest thereon (both interest to date and as continues to accrue with the passage of time) have been paid.
The child support in the amount of $17,656.00 shall be paid at the rate of $500.00 per month, commencing on February 1, 2017 and continuing on the first of each month thereafter until such time as said amount and interest thereon (both interest to date and as continues to accrue with the passage of time) have been paid.
In the event the parties are unable to resolve the issue of section 7 expenses (other than for post-secondary education), they shall proceed as set out in paragraphs 110 to 113 above.
The order arising from this endorsement shall be enforceable in accordance with paragraph 17 of the 2008 order of Justice Polowin.
[6] Counsel have also requested the opportunity to appear before me to make submissions with respect to the post-judgment interest rate applicable to my order. Counsel shall arrange that appearance in the usual manner through the trial co-ordination or motion-co-ordination office as is appropriate.
_________________________________________
Madam Justice Sylvia Corthorn
Released: January 30, 2018
COURT FILE NO.: FC-02-862-3
DATE: 2018/01/30
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Carol Lalande, Applicant
AND
Bernard Pitre, Respondent
COUNSEL: Carol J. Craig, for the Applicant
Kevin Kavanagh, for the Respondent
ADDENDUM
TO JANUARY 11, 2017 ENDORSEMENT
Madam Justice Sylvia Corthorn
Released: January 30, 2018