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
1These 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.
2In 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.
3Ms. Ghent points out obvious, disappointing, and embarrassing errors in my last DivorceMate calculations. I apologize to the parties for those inexcusable and inexplicable errors.
4In 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.
5I 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.
6I 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 |
7In 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
8I have issued a corrigendum accordingly.
Costs
9I 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