REASONS FOR JUDGMENT

Kumaranayake J.

[1] On June 18, 2019, I heard a confirmation hearing with respect to the Provisional Order, dated February 18, 2016, made by Shaner J. of the Supreme Court of the Northwest Territories (“Provisional Order”). This Provisional Order related to Mr. Wasswa’s obligation to pay child support for the three children of the marriage: Lisa-Marie Wasswa, born March 22, 1995 (“Lisa-Marie”); Joshua Wasswa, born July 3, 1998 (“Joshua”); and Britany Wasswa, born March 1, 2001. Mr. Wasswa resides in the Northwest Territories.

[2] The matter first came before me on April 24, 2019. Ms. Wasswa, the Respondent, had served an Answer, dated March 27, 2019, opposing confirmation of some aspects of the Provisional Order. She maintained that her two younger children, Joshua and Britany, were dependent children and were pursuing post-secondary education. Ms. Wasswa had not filed a financial statement as required by Rule 37.1(6) of the Family Law Rules (“the FLR”) Mr. Wasswa, the Applicant, had served but not filed a Reply, dated March 29, 2019. Ms. Wasswa acknowledged that she had received this Reply.

[3] Neither party requested an oral hearing. However, in my view, an oral hearing was required to deal with the case justly. Therefore, pursuant to Rule 37.1(9) of the FLR, I ordered that an oral hearing be held. Further, I ordered that Ms. Wasswa serve and file her financial statement and obtain and provide proof of the post-secondary education for Joshua and Britany.

[4] The oral hearing was held on June 18, 2019. I made an order validating service of Ms. Wasswa’s Financial Statement, sworn May 31, 2019, and the attachments. At the oral hearing, Ms. Wasswa confirmed that she did not oppose confirmation of some aspects of the Provisional Order. She did not oppose: paragraph one (terminating child support as of April 1, 2014 for Lisa-Marie Wasswa, born March 22, 1995); paragraph two (reducing the child support payments to $317 from April 1, 2014 to July 31, 2016 with respect to Joshua Wasswa and Britany Wasswa); and paragraph 5 (reducing Mr. Wasswa’s arrears of child support to $9,192.00).

[5] However, she did oppose confirmation of paragraphs two and three which provided that as of August 1, 2016, child support for the child Joshua shall cease and Mr. Wasswa’s obligation to pay child support for Britany shall be reduced to $170.00 per month.

[6] Ms. Wasswa did file a financial statement and proof that Joshua and Britany were/are pursuing post-secondary education.

[7] The evidence of Ms. Wasswa at the confirmation hearing can be summarized as follows:

a. Joshua and Britany are both pursuing post-secondary education.

b. Both Joshua and Britany each receive $249 per month from CPP disability as Mr. Wasswa is on disability. These funds are used to meet the children’s needs.

c. Ms. Wasswa uses the child support that she receives to help pay household bills.

d. Ms. Wasswa’s monthly expenses included: mortgage payments ($2,708.48); car loan ($48 per week); repaying her own student loan ($132 per month); and food (estimate of $600 per month).

e. Both Joshua and Britany rely on OSAP to pay their tuition. What is not covered by OSAP, Ms. Wasswa pays.

f. In 2016, Joshua started a full-time computer gaming programme at Humber College. He dropped out after 1½ years as it was too difficult.

g. In September 2018, Joshua started full-time computer programming at Sheridan College in Brampton. He has finished one year of the two-year programme.

h. While at Humber College and Sheridan College, Joshua’s tuition has been paid through OSAP.

i. Since September 19, 2016, he has worked part-time at Busters Buy & Sellers. He works approximately ten hours per week and earns $14 per hour. This was confirmed by a letter from his employer which was filed at this confirmation hearing.

j. Joshua uses his earnings to pay for school expenses, including supplies and bus transportation. When he worked in the summer, he paid Ms. Wasswa $50 every two weeks towards household expenses.

k. Britany received a letter of admission to the University of Guelph for September 2019. Her program is four years; Bachelor of Arts, Honours, Major Psychology.

l. Britany will not be living with Ms. Wasswa when she attends the University in Guelph. She will be living in residence and will have additional expenses.

m. Since April 18, 2018, Britany has worked part-time at a Shoppers Drug Mart, earning $14.28 per hour. She works approximately 17 hours per week as confirmed by the letter from her employer.

n. Britany gives Ms. Wasswa half of her earnings to help with the cost of food and other expenses.

o. Mr. Wasswa has not contributed to Joshua’s tuition or school expenses.

p. Mr. Wasswa has not contributed to Britany’s expenses when she was in high school.

q. Ms. Wasswa currently works part-time as through an agency. She is a registered practical nurse. She attends at a client’s home and provides in-home services. Her current client, who is 12 years old, is expected to return to school in September 2019. Ms. Wasswa’s hours will be reduced from 46 hours to 31 hours at the end of July 2019 and will return to 46 hours in September 2019. Ms. Wasswa’s ability to secure another assignment depends on what is available through the agency, but any further assignment would also be on a part-time basis.

DISCUSSION

[8] At a confirmation hearing, the respondent may raise any matter that might have been raised before the court that made the provisional order: subsection 19(6) of the Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.). The transcript of the proceedings held before Shaner J. on February 18, 2016 indicate that at the time the provisional order was made, there was no material before that court to support that the children, Joshua and Britany, were pursing post secondary education (p. 6 of transcript).

[9] Pursuant to subsection 19(7) of the Divorce Act, I have the following options at the confirmation hearing:

a. Confirm the provisional order without variation;

b. Confirm the provisional order with variation; or

c. Refuse confirmation of the provisional order.

[10] If I require further information, then I may remit the matter back to the court that made the provisional order and adjourn the proceedings. In the matter before me, it was not necessary to do so as Ms. Wasswa had filed material at the confirmation hearing to support her position.

[11] Having considered the evidence given by Ms. Wasswa at the confirmation hearing, I am satisfied that Joshua and Britany are pursuing post-secondary education and continue to be children of the marriage.

Order

[12] For the reasons set out above, I make the following order:

a. Paragraphs 1, 2, and 5 of the Provisional Order of Shaner J., dated February 18, 2016, are confirmed;

b. Paragraphs 3 and 4 of the Provisional Order of Shaner J., dated February 18, 2016, are not confirmed;

c. Hassan Ssenoga Wasswa shall continue to pay $317 per month from August 1, 2016 onward, in accordance with the Federal Child Support Guidelines for the children Joshua Wasswa, born July 3, 1998, and Britany Wasswa, born March 1, 2001;

d. Hassan Ssenoga Wasswa’s obligation to provide child support for the child Joshua Wasswa, born July 3, 1998 shall cease on August 1, 2020;

e. Hassan Ssenoga Wasswa’s obligation to provide child support for the child Britany Wasswa, born March 1, 2001 shall cease on August 1, 2023;

f. A certified copy of this Order and these reasons shall be provided forthwith to the Attorney General of Ontario and to the Supreme Court of the Northwest Territories.

Kumaranayake J.

Released: October 28, 2019

COURT FILE NO.: FS-06-00057020-003

DATE: 2019 10 28

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HASSAN SSENOGA WASSWA

Applicant

and -

DEBORAH JOHN WASSWA

Respondent

REASONS FOR JUDGMENT

Kumaranayake J.

Released: October 28, 2019

Wasswa v. Wasswa, 2019 ONSC 6269

Case Summary

REASONS FOR JUDGMENT

Kumaranayake J.

DISCUSSION

Order

Judge

Counsel

Parties

Areas of Law

Fact Patterns

Issues