COURT FILE NO.: FS-20-43276
DATE: 20211015
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Alexander Maher Armanious, Applicant
AND:
Cheryl Ross, Respondent
BEFORE: Chozik J.
COUNSEL: Faryal Rashid, Counsel for the Applicant
Belinda Rossi and Bridget Bilski, Counsel for the Respondent
HEARD: July 15, 2021
ENDORSEMENT
[1] On this motion, the Respondent (“Wife”) sought an Order for on-going interim spousal support, retroactive spousal support, and security for support. The Applicant (“Husband”) brought a motion to sever the divorce proceeding, to which the Wife consented prior to the hearing of the motions.
[2] The Husband sought an adjournment of the Wife’s motion, which I refused for reasons given at the hearing. In my view, interim support had to be addressed without delay. The parties had been separated for almost two years. Until July 2021, the Husband had not paid any spousal support. The amount of support the Husband proposed to pay commencing July 2021 was significantly less than the amounts the Wife said she was entitled to.
[3] The Wife’s motion had previously been scheduled for hearing in May 2021 but did not proceed. An endorsement dated October 26th, 2020 of Emery J. specifically contemplated that the motion for interim spousal support would be heard prior to questioning. The material filed by the Wife, while voluminous, was admissible and relevant. In all the circumstances, I concluded that the determination of on-going spousal support on an interim basis had to be made without further delay.
[4] With respect to interim spousal support, the Wife sought on-going interim spousal support in the amount of $21,017 per month commencing August 19, 2020. She also sought lump sum retroactive spousal support as follows:
(i) $72,604 from September 1, 2019 to December 31, 2019, plus pre-judgment interest;
(ii) $157,627 from January 1, 2020 to August 18, 2020 plus pre-judgment interest;
(iii) payment forthwith of $220,678.50 plus pre-judgment interest, representing the amount owing for spousal support from August 19, 2020 to June 30, 2021;
(iv) various relief to adjust, index, and secure the support; and,
(v) an Order that the Husband enroll her on his medical and dental healthcare insurance plan offered by his employer for as long as he has a spousal support obligation.
[5] The Husband does not dispute that the Wife is entitled to spousal support. The issue is the quantum of the interim support and the determination of income for both parties.
[6] For the reasons that follow, I am not prepared to order interim spousal support in the amount sought by the Wife. I am also not prepared to order retroactive support. Given that full financial disclosure has not been made by the parties and that questioning has not taken place, retroactive support cannot be determined now. Rather, it is an issue