COURT FILE NO. FS-15-00405158
DATE: 20210414
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
CLAIRE CRONIER
Applicant
– and –
PATRICK LEO WAYNE CUSACK
Respondent
Self Represented and acting in person
Self-Represented and acting in person
HEARD: February 24, 25, 26, 27, 28, November 9, 10 and 12, 2020
ENDORSEMENT
DIAMOND J.:
[1] At paragraph 76 of my Reason for Decision (“Reasons”) released on March 8, 2021, I stated as follows:
“As such, I will endeavor to make the necessary findings with respect to various disputed entries in the Net Family Property Statements, and leave it to the parties to perform any resulting recalculations using and applying my findings. At the end of the exercise, in the event they cannot arrive at a final equalization payment, I am willing to receive their respective revised Net Family Property Statements (in light of these Reasons) with written submissions totaling no more than two pages each for my review and consideration.”
Page: 2
[2] I have since received the parties’ respective submissions, Net Family Property (“NFP”) statements, and costs submissions. Consistent with the theme of my entire Reasons for Decision, and arguably the parties’ own marriage, they cannot agree on anything. Even with the benefit of my Reasons, their respective NFP calculations are more than $134,000.00 apart.
[3] The Court’s function at this stage is not to perform the functions of an accountant. The Court decides issues of fact, not entries on a financial ledger. To carry out the parties’ wishes would amount to an enormous waste of judicial resources, especially in the midst of the COVID- 19 pandemic.
[4] I have reviewed the parties’ respective NFP submissions. The applicant has seemingly done her best to follow the findings in my Reasons, although at times her calculations were difficult to follow and seemed to not be grounded in the evidence. The respondent used his submissions, at least in part, to revisit positions at trial which were already rejected and advance new or different arguments post-trial. If the respondent, or for that matter the applicant, are disappointed with any of my findings, there are of course appeal routes available.
[5] I have done my best to follow the parties’ respective NFP calculations in light of my Reasons. The applicant’s calculations are more in line with my Reasons, but I have not included her CRA calculations and the Scotia line of credit entries. As such, this leaves an equalization payment owing to the applicant in the amount of $59,929.86. There shall be judgment for this amount.
[6] Finally, with respect to costs of this proceedings, as I stated at the end of my Reasons it is arguable that success was divided between the parties. At paragraph 2 of her costs submissions, the applicant agreed with this suggestion but asked for costs in any event. I have reviewed the offers to settle and they do not trigger any costs consequences. In my view, as success was divided, there shall be no costs of this proceeding.
Diamond J.
Released: April 14, 2021
COURT FILE NO. FS-15-00405158
DATE: 20210414
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
CLAIRE CRONIER
Applicant
– and –
PATRICK LEO WAYNE CUSACK
Respondent
ENDORSEMENT
Diamond J.
Released: April 14, 2021