Court File and Parties
COURT FILE NO.: FS-19-42545
DATE: 2020-08-28
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Nora Eileen JAMIESON, Applicant
AND:
David JAMIESON, Respondent
BEFORE: Kurz J.
COUNSEL: Andrew Morrison, Counsel for the Applicant
HEARD: August 18, 2020
ENDORSEMENT
Introduction
[1] I heard this uncontested trial by Zoom conference. The Respondent, David Jamieson (“David”) was properly served with the application of the Applicant, Nora Eileen Jamieson (“Nora”), along with her financial statement. He never filed an answer or financial statement and never provided any financial disclosure. His counsel had promised to respond to this application and even obtained Nora’s consent to an extension of the time to do so. He then offered nothing further.
[2] On January 3, 2020, Miller J. ordered that David be noted in default. David was served with the motion materials that led to the Miller J. order but did not respond. Hence this uncontested trial.
Background
[3] The parties were married for over 29 years. They separated on August 28, 2014. They had one child, Jessica, who is now an adult. Nora was Jessica’s primary caregiver as a child.
[4] David has never paid any support to Nora and has never contributed to the maintenance of their two jointly owned properties. Those properties are the matrimonial home, located at 203 Sheraton Court, Oakville (“the home”) and a cottage, located at 1504 Wigamog Road, Minden Ontario (“the cottage”).
[5] Nora works for the Hamilton Region Conservation Authority and earns approximately $88,404 per year. David is a self-employed businessman. He is a principal of two corporations, Anexxa Technologies Inc. (“Anexxa Tech”), of which he is the majority shareholder, officer and director. Nora holds a 10% interest in the shares of Anexxa Tech. Nonetheless, as set out below, David treats Anexxa Tech as if Nora has no interest in the corporation. Rather, his behaviour discloses that he treats Anexxa Tech as an extension of himself.
[6] David is also one