COURT FILE NO.: FS-14-0031-02
DATE: 2022-11-07
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
J.D.B.
Self-Rep, for the Applicant
Applicant
- and -
J.G.B.
Respondent J.G.B., not appearing
Respondent
HEARD: November 3, 2022, at Thunder Bay, Ontario
Mr. Justice W. D. Newton
Decision On Motion
Overview
[1] The mother[^1] brings a motion seeking reimbursement for section 7 expenses for medical/dental and recreational expenses incurred on behalf of their two children. The mother also seeks an order for “table” child support and costs. The father was served with the motion material but did not respond or appear on the motion.
[2] For the reasons that follow, the orders sought are granted.
Procedural History to Date
[3] The parties have been in court dozens of times, perhaps even as many as 100 times or more, since 2014. There have been many temporary and” final” orders.
[4] The final order of May 15, 2015, dealt with decision making, parenting time and child support payable by the father and provided that child support was to be reviewed annually, if requested, on May 1 of each year.
[5] A further “final” order of November 27, 2015, increased child support payable by the father and provided that each party was to provide updated income disclosure by December 27 each year.
[6] A temporary order was made on May 14, 2018, varying the final order of May 15, 2015, to have the primary residence of the children with the mother, increasing monthly child support payable by the father to $1673, and directing that the parties proceed to a settlement conference. The child support order was based on income net of union dues of $116,481.00. There has been a support deduction order throughout.
[7] The parties went back to case conferences to sort out the outstanding issues without success.
[8] On October 8, 2021, a further temporary order was made with respect to parenting time by the father, requiring the father to file a sworn financial statement by November 8, 2021, and requiring both parties to exchange 2019 and 2020 income tax returns and notices of assessments. On consent, orders were made requiring the father to pay 50 percent of ski racing expenses for one child for 2018, 2019 and 2020 and requiring the father to reimburse the mother for extended health care benefits as submitted through both of their plans. By this point, the father did not have counsel.
[9] The case conference continued on March 22, 2022. Noting that portions of her previous order had not been complied with, Nieckarz J. ordered that:
a. The father was to serve his sworn financial statement no later than March 29, 2022;
b. The father was to advise which ski racing expenses he was disputing by March 29. 2022; and
c. Leave was granted to bring any necessary motions with respect to parenting time, support, or s. 7 expenses.
Positions of the Parties
[10] Notwithstanding the prior orders the father has not submitted sworn financial statements or income disclosure. However, an unsworn financial statement is attached as an exhibit to the mother’s affidavit with some, but not complete, income tax records. The father has disclosed T4 income, net of union dues, of $125,946.80 for 2019 and $109, 754.92. The partial pages from tax returns disclose higher numbers for total income. It is alleged by the mother that the father has substantial rental income which has not been disclosed.
[11] The father has not paid 50% of the ski racing expenses or submitted any of the children’s medical/dental expenses as required.
[12] FRO will not collect the ski racing expenses as a monetary amount was not specified.
Analysis and Disposition
[13] The mother has provided receipts for the S. 7 medical/dental and recreational expenses. The father has not contested nor has he complied with his disclosure obligations.
[14] I am satisfied that is appropriate to impute income to the father in the amount of $140,000. If he wishes to contest this finding, then he may bring a motion to change and make proper financial disclosure.
[15] I order the following:
a. the father is to pay the sum of $1632.79 for medical expenses of the child JDB for 2018, 2019, 2020, 2021, and 2022;
b. the father is to pay the sum of $2902.72 for medical expenses of the child JMB for 2018, 2019, 2020, 2021, and 2022;
c. the father is to pay the sum of $352.96 for dental expenses of the child JDB for 2018, 2019, 2020, 2021, and 2022;
d. the father is to pay the sum of $286.96 for dental expenses of the child JMB for 2018, 2019, 2020, 2021, and 2022;
e. the father is to pay the sum of $5327.69 representing 50% of the ski racing expenses for the child JMB for 2018, 2019, and 2020;
f. the father is to pay the sum of $199.71 for the driver training expense of the child JMB;
g. child support payable by the father to the mother shall be the monthly sum of $1960 based on imputed income of $140,000 annually retroactive to October 8, 2021;
h. support deduction order will issue for the foregoing and all amounts shall be collected by FRO.
[16] No particulars supporting a claim for costs was provided so I may make no order as to costs.
“Original signed by”
The Hon. Mr. Justice W.D. Newton
Released: November 7, 2022
COURT FILE NO.: FS-14-0031-02
DATE: 2022-11-07
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
J.D.B.
Applicant
- and -
J.G.B.
Respondent
DECISION ON MOTION
Newton J.
Released: November 7, 2022
[^1]: Non-specific identifiers will be used to protect the privacy of the parties and their children.