Court File and Parties

Court File No.: FC-19-1244 Date: 2021/03/02 Superior Court of Justice – Ontario

Re: Sherry Fischer, Applicant And: Wesley Gandalf Wiskin, Respondent

Before: Mackinnon J.

Counsel: Gonen Snir for the Applicant Respondent, Self-Represented

Heard: March 2, 2021

Endorsement

[1] The applicant brings this motion for child support and for a contribution to section 7 expenses. For reasons that follow the respondent is ordered to pay child support for two children in the table amount of $467 per month based on an income of $30,540 per annum, commencing January 1, 2021. He shall pay the applicant the amount of $113 for section 7 expenses incurred to date. In future he shall contribute his proportional share to section 7 expenses incurred with his prior written consent, consent not to be unreasonably withheld. Medical expenses prescribed by a child’s primary physician are deemed to be section 7 expenses to which the respondent shall contribute.

[2] The respondent’s 2018 Notice of Assessment is the most up to date CRA document he has produced to establish his income. The total income shown there is $30,540. Despite being ordered to provide additional income information including his 2019 tax information, the respondent has not done so. He has provided a Record of Employment showing his insurable earnings in 2019 as $26,335. For 2020 he has the same employer as he had in 2018 and 2019 and advised court that he expects his 2020 income to be similar.

[3] Based on those facts the most current CRA income information shall be used as his income for child support purposes at this time. This order for table support may be adjusted at final determination should the respondent establish that his actual, current income is less than $30,540.

[4] This order is made without prejudice to the applicant seeking an earlier commencement date for child support on notice to the respondent at point of final settlement or trial.

[5] The applicant claimed an amount of reimbursement for section 7 expenses which did not reflect subsidies she had received for some of them. The subsidies were shown in her exhibits and I have deducted them from the amount of her claim. She also claimed a sizeable amount for chiropractic services for the children. Other than the invoices themselves there was nothing to support the necessity or reasonableness of the amounts incurred, and I do not require the respondent to contribute to them on the basis of the evidence before me. With a proper foundation the applicant may renew this claim at final settlement or trial.

[6] The remaining expenses total $145, of which the respondent’s share is 78 % or $113. The amount is admittedly small however the applicant was supporting the two children on Social Assistance without child support payments from the respondent when she incurred them last year. On those facts I order him to pay her $113 now but that he will be credited this amount against child support payments, if any, that he may be ordered to pay her for 2020.

[7] Success has been divided; however, the respondent should have agreed to commence child support payments without the necessity of a motion. For that reason, I award partial costs for this short motion to the applicant fixed in the amount of $750.

Mackinnon J. Date: March 2, 2021