COURT FILE NO.: FS-14-0031-02
DATE: 2022-11-25
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.
Self-rep, for the Respondent
Respondent
HEARD: November 24, 2022, at Thunder Bay, Ontario
Mr. Justice W. D. Newton
Decision On Motion
Overview
[1] By decision dated November 7, 2022[^1], I granted the mother’s motion heard November 3, 2022, for s. 7 expenses and retroactive child support. The father did not appear on the motion.
[2] The father now brings this motion to set aside my decision and adjourn the mother’s motion to allow him time to respond. He submits that the appropriate next step should be a settlement conference back before Nieckarz J. rather than a motion.
[3] The father deposes that he “was absent from the City of Thunder Bay from October until November 2” and that he did not check his mail until November 7. The mother’s affidavit discloses that the motion material was delivered to the father on October 25, 2022 and, further, that she emailed the father about the date and time of the motion on October 21, 2022. The mother also deposes that she saw the father on October 25, 2022, at a gas bar on Fort William First Nation.
The History of the Proceedings to Date
[4] In my previous decision I set out the following summary of recent court attendances at para 8 and 9:
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.
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.
[5] The father confirmed on the hearing of this motion that he has not complied with his disclosure obligations to date because he said he asked the mother’s former lawyer whether he wanted the documents by email or ordinary mail and did not receive a response. He also told me that he is not complying with any court order until the mother permits him to speak with his daughter.
Disposition
[6] At the core of this dispute is the failure for the father to comply with his financial disclosure obligations. It is difficult to accept the father’s evidence about not checking his mail or email or about being out of town based on the mother’s affidavit.
[7] The father’s motion is dismissed. Given his failure to provide financial disclosure there is no purpose to be served by a case conference. An order was made permitting motions. The motion was properly brought and served.
[8] My decision dated November 7, 2022 is not set aside.
[9] The father may bring a motion to change my order but only after serving complete income tax returns and notices of assessments from 2019 to 2021, proof of year to date income form all sources for 2022, and a sworn financial statement as previously ordered.
[10] No order as to costs.
“Original signed by”
The Hon. Mr. Justice W.D. Newton
Released: November 25, 2022
COURT FILE NO.: FS-14-0031-02
DATE: 2022-11-25
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 25, 2022
[^1]: J.D.B. v. J.G.B., 2022 ONSC 6312.