COURT FILE NO.: 3442/15-02, 3342/15-03
DATE: 2020-01-28
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MONICA ANNE CAMPBELL
Applicant
– and –
DAVID WILLIAM CAMPBELL
Respondent
Self-Represented
Self-Represented
HEARD: January 27, 2020
GAREAU J.
REASONS ON MOTION TO CHANGE
[1] On October 8, 2019, this court released a decision with respect to a motion to change. That decision determined the income of the parties, determined ongoing child support, and the section 7 claim for the child, David Campbell, born April 12, 2002, and the calculation of arrears under the orders of July 11, 2017 and September 25, 2018.
[2] On October 25, 2019, the applicant, Monica Anne Campbell, brought a motion to change. This motion was precipitated by a change in the status of the parties’ son, David, who went from playing for the North Bay Battalion OHL team to playing for the Blind River Beavers NOHL team. It is Mrs. Campbell’s position that this change resulted in section 7 expenses for the child and ongoing child support which should be paid. Mrs. Campbell is also asking for an increase in the spousal support awarded to her in the October 8, 2019 order.
[3] On November 28, 2019, the respondent, David William Campbell, brought a motion to change. This motion to change is for an order clarifying the terms of the October 8, 2019 order as to the commencement date of child support, which Mr. Campbell indicates that the Family Responsibility Office requires.
The Motion to Change brought by Monica Campbell
[4] The change in status of the child David is a material change in circumstance which enables this court to review the child support provisions it made in the October 8, 2019 order. At the time the motion to change was argued on September 27, 2019 resulting in the order of October 8, 2019, the child David was living in North Bay and playing for the North Bay Battalion of the Ontario Hockey League. As noted in paragraphs 18 and 19 of this court’s reasons released on October 8, 2019,
The child David has played hockey at a high competitive level in the years 2017, 2018, and 2019. From September 2019 to the present time David has been a member of the North Bay Battalion hockey club in the Ontario Hockey League. As such, he has been billeted in a home independent of his parents in the City of North Bay, Ontario. All hockey related expenses for David will be covered by the hockey club as will his accommodation and food. David will be provided a monthly allowance by the North Bay Battalion hockey club to cover other incidental expenses which he may occur.
Although the child David is clearly entitled to ongoing child support and section 7 expenses for 2017-2018, and 2018-2019 hockey seasons, given his present circumstances there should be no ongoing child support paid for him commencing September 1, 2019 except for the months the hockey season is concluded and he will be back residing with his mother in Sault Ste. Marie. This will be for the months of May, June, July, and August.
[5] This situation has changed, albeit for a short period of time. From October 8, 2019 to January 8, 2020, David was demoted as a hockey player by the North Bay Battalion to the Blind River Beavers of the Northern Ontario Hockey League. On January 8, 2020, David was promoted back to the North Bay Battalion Hockey Club where he will remain until the regular season concludes on March 22, 2020. Since there is no chance that the North Bay Battalion will make the playoffs in latter March 2020, David will return to Sault Ste. Marie to reside with his mother and complete his grade 12 at St. Mary’s College. In September 2020, David will once again try out with the North Bay Battalion Hockey Club in the expectation of being signed to a contract for the 2020-2021 OHL hockey season.
[6] It is the position of the applicant that ongoing expenses have been incurred by her for David during the three-month period he was with the Blind River Beaver hockey team. Mrs. Campbell provided receipts for these expenses which she says total $6,384. A review of the receipts provided indicates expenses for items such as food, trips to North Bay for games, gas for a vehicle, clothing, and his monthly cellphone expense. The billet fees paid while David was in Blind River were shared between the parties, with Mr. Campbell paying the sum of $350 and Mrs. Campbell paying the sum of $100.
[7] With respect to these expenses, it is Mr. Campbell’s position that the only thing that changed as to expenses is that in the NOHL the billet fees and equipment costs is not covered by the team. Mr. Campbell’s position is that the team covers all food expenses and expenses for travel and food while the team is on the road.
[8] It is difficult to adjudicate on this issue on the material before me. It would have been helpful to have evidence directly from the NOHL as to what is or is not covered by way of expenses for players who play in that league. Having said that, I am satisfied that Mrs. Campbell incurred some expenses for David which could be constituted as section 7 expenses for the period he played for the Blind River Beavers. I find that these legitimate expenses, directly related to David’s hockey are in the range of $2,000. Based on the incomes of the parties (Mrs. Campbell $25,000 – Mr. Campbell $113,490.04), Mr. Campbell should reimburse Mrs. Campbell for 88 percent of $2,000, or $1,760, forthwith for section 7 expenses from October 8, 2019 to January 8, 2020 while David played for the Blind River Beavers hockey team.
[9] As to ongoing section 7 expenses, there will be none ordered for the reasons set out in the written reasons released October 8, 2019. No such expenses are appropriate now that David has returned to the North Bay Battalion Hockey Club.
[10] Mrs. Campbell is seeking ongoing child support for David commencing October 1, 2019. Such an order would be contrary to this court’s prior adjudication on this matter. For the reasons set out in the October 8, 2019 reasons, there should be no ongoing child support ordered for David except for the months that the hockey season is concluded, and he will be back residing with his mother in Sault Ste. Marie. Given the fact that we now know that David’s hockey season will conclude in late March 2020, I am prepared to amend the October 8, 2019 order to provide that child support be paid for April 2020, as well as May, June, July and August, as set out in the October 8, 2019 order.
[11] Mrs. Campbell claims that spousal support payable to her should be set at $3,583 per month given the fact that she is not collecting child support for David. Firstly, that is the high-end of the range, the midpoint being $3,223. Secondly, that calculation is based on no child support being paid to her when in fact she will receive child support for five months (April to August) in 2020. Thirdly, that amount of support does not take into account any contribution toward her support from her partner and fiancé, Mr. Niro, to whom she is engaged. Fourthly, and perhaps most importantly, the amount of spousal support set at $2,000 was adjudicated previously as set out in the October 8, 2019 order. There is no change in circumstance which would justify a variation of the spousal support ordered and the claim brought by Mrs. Campbell is tantamount to an appeal of the October 8, 2019 order. Accordingly, the claim by Mrs. Campbell for an increase in the spousal support ordered on October 8, 2019 is dismissed.
The Motion to Change brought by David Campbell
[12] Mr. Campbell wishes clarification of the court’s intention with respect to child support as set out in paragraph two of the formal order of October 8, 2019. Quite frankly, I do not see a need for clarification as there is no ambiguity at all with paragraph two of the order. The child support is at the rate of $1,016 per month to be paid starting May 1, 2020 for the months of May, June, July land August each year. Any previous orders of child support would be superseded by this new order dated October 8, 2019.
COSTS
[13] As to costs, there has been divided success in this matter and therefore each party shall bear their own costs.
SUMMARY
[14] There shall be an order as follows:
(a) The respondent David Campbell shall pay to the applicant Monica Campbell the sum of $1,760 for his share of section 7 expenses for the child David Campbell, born April 12, 2002, for the period October 8, 2019 to January 8, 2020;
(b) Paragraph two of the order granted on October 8, 2019 is varied to read as follows:
“The respondent shall pay to the applicant child support for the child David Campbell, born April 12, 2002, in the amount of $1,016 per month, for the months of April, May, June, July and August of each year, commencing April 1, 2020. The quantum of child support is based on the respondent having an annual income of $113,390.04.”
(c) The issue of child support shall be reviewable in September 2020 to ascertain the status of the child David Campbell, born April 12, 2002, at that time. In this regard, this matter is adjourned to September 24, 2020 at 10:00 a.m. before me and the parties are to return to court on that date to provide an update as to the status of the child David.
Gareau J.
Released: January 28, 2020
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MONICA ANNE CAMPBELL
- AND –
DAVID WILLIAM CAMPBELL
REASONS on MOTION TO change
Gareau J.
Released: January 28, 2020