COURT FILE NO.: FS-15-452
DATE: 2021 11 24
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Cynthia Marie Ghent
Applicant
– and –
Norman Harry Busse
Respondent
Kamaljit Saini, Counsel for the Applicant
James Peluch, Counsel for the Respondent
Justice G.D. Lemon
Supplemental Reasons
[1] These supplemental reasons deal with an ongoing difficulty of calculating any spousal support arrears that may be payable by Mr. Busse. I have already provided supplemental reasons to my original judgment: See Ghent v Busse 2021 ONSC 3278 and Ghent v. Busse 2021 ONSC 7091.
[2] In both sets of reasons, I invited counsel to make written submissions if I had made any errors in my DivorceMate calculations. I have heard again from Ms. Ghent. Mr. Busse has not responded to those submissions.
[3] Ms. Ghent points out obvious, disappointing, and embarrassing errors in my last DivorceMate calculations. I apologize to the parties for those inexcusable and inexplicable errors.
[4] In my calculations for the years 2017 and 2018, I failed to change the annual income from one year to the next in accord with what I had found in my reasons for judgment. I also failed to override child support as I had already found in my reasons. Finally, I failed to remove special expenses from one year to the next as I had already found in my reasons for judgment.
[5] I agree with Ms. Ghent’s most recent submissions. I take from Mr. Busse’s silence that he does as well. Accordingly, I have attached the complete calculations to this endorsement.
[6] I therefore change paragraph 211 of my reasons dated May 3, 2021 as follows:
Relying on the Spousal Support Advisory Guidelines and using the annual income figures set out above, the range of spousal support (with child) is:
| YEAR | LINE 150 EARNINGS Mr. Busse | LINE 150 EARNINGS Ms. Ghent | S.S.A.G. |
|---|---|---|---|
| 2016 | $95,585 | $17,900 | $1,453 - $1,928 |
| 2017 | $96,872 | $17,176 | $1,589 - $2,074 |
| 2018 | $95,842 | $18,540 | $1,681 - $2,222 |
| 2019 | $96,286 | $18,607 | $1,685 - $2,229 |
| 2020 (to June) | $96,286 | $16,898 | $1,724 - $2,270 |
| 2020 (after July 1) | $96,286 | $16,898 | $2,282 - $3,043 |
[7] In the end result, Mr. Busse’s monthly spousal support obligation is:
(a) 2016 - $1,453
(b) 2017 - $1,589
(c) 2018 - $1,681
(d) 2019 - $1,685
(e) 2020 to June 30 - $1,724
(f) 2020 from July 1 - $2,300
(g) 2021 and ongoing - $2,300
[8] I have issued a corrigendum accordingly.
Costs
[9] I continue to await costs submissions pursuant to my endorsement of October 28, 2021.
Justice G. D. Lemon
Released: November 24, 2021
COURT FILE NO.: FS-15-452
DATE: 2021 11 24
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Cynthia Marie Ghent
Applicant
– and –
Norman Harry Busse
Respondent
Supplemental Reasons
Justice G.D. Lemon
Released: November 24, 2021