COURT FILE NO.: 563/06
DATE: 20210521
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
F. (M.L.)
Applicant
– and –
B. (I.E.)
Respondent
Self-Represented
Self-Represented
CORRIGENDUM ORDER
The Honourable D.A. Broad
[1] My Reasons for Decision were released on May 18, 2021.
[2] The parties have brought to the Court’s attention that the Reasons contained the following arithmetical and typographical errors:
(a) Error at para. 73 stating the total of the shortfall in the respondent’s contribution to the child M.F.’s post-secondary education costs for the academic year 2019-2020. In the Reasons it was incorrectly stated that the shortfall was $1,626.56. The correct shortfall is calculated as follows:
Respondent’s share - $ 7,626.56
Less payments - (6,520.66)
Shortfall - $1,105.90
(b) Error at para. 73 stating the total of the shortfall in the contribution of the respondent’s contribution to M.F.’s post-secondary education costs for the academic year 2020-2021. In the Reasons it was incorrectly stated that the shortfall was $3,351.74. The correct shortfall is calculated as follows:
Respondent’s share - $7,341.74
Less payments - (4,000.00)
Shortfall - $3,341.74
(c) Error in stating the commencement date of the periodic payments to be made by the respondent in respect of arrears of child support and s. 7 expenses at para. 166 (h) of the Reasons. The commencement date was stated to be June 1, 2023. The correct commencement date is June 1, 2021.
[3] The errors in stating the total shortfalls in the respondent’s contributions towards post-secondary costs for the academic years 2019-2020 and 2020-2021 were carried over to subsequent calculations in the Reasons such that the statements of the net total arrears of child support and s. 7 expenses owing by the respondent at paras. 116 (g) and (h) and the calculation of instalment payments required to be made by her at para. 116 (h) of the Reasons require revision.
[4] In order to address the foregoing errors the following corrections are made to the Reasons for Decision.
(a) The first two sentences of para. 73 of Reasons are deleted and replaced with the following:
[73] The parties agreed that the mother paid the sum of $6,520.66 for the 2019-2020 academic year leaving an amount owing by her of $1,105.90. The parties also agreed that, as of the date of trial, the mother had paid the sum of $4,000 for the 2020-21 academic year leaving a shortfall of $3,341.74.
(b) The following figures in the chart at para. 96 are changed:
(i) “Balance of contribution to post-secondary costs for 2019-2020 academic year” changed from $1,626.56 to $1,105.90;
(ii) “Balance of contribution to post-secondary costs for 2020-2021 academic year” changed from $3,351.74 to $3,341.74;
(iii) “TOTAL” changed from $17,835.28 to $17,304.62.
(c) Sub paragraph 116 (g) is changed to replace the figure $17,835.28 with $17,304.62.
(d) Sub paragraph 116 (h) shall be deleted and replaced with the following:
(h) the mother shall pay the said sum of $17,304.62 to the father in 24 equal monthly instalments of $100 each commencing June 1, 2021 and continuing on the first day of each month to May 1, 2023 and thereafter in 36 monthly instalments $414.02 each commencing June 1, 2023 until the balance is paid in full;
D.A. Broad, J.
Released: May 21, 2021
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ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
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REASONS FOR JUDGMENT
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