Court File and Parties

Court File No.: FS-22-0040-00 Date: 2023-09-14

Ontario

Superior Court of Justice

Between: Jacqueline Pommer, Applicant Counsel: Mr. M. Frangione, for the Applicant

And: Joseph Caron, Respondent Counsel: Mr. Caron noted in default and not appearing

Heard: September 11, 2023, at Thunder Bay, Ontario via Zoom

Before: Madam Justice H.M. Pierce

Reasons for Judgment on Uncontested Trial

Introduction

[1] Although personally served, the respondent has not filed an answer to this application. He was noted in default.

[2] The applicant seeks final orders for ongoing and retroactive spousal support, commencing at the date of separation. Except for costs and spousal support, she abandons her other claims, including equalization of net family property and child support. The remaining claims are accordingly dismissed.

[3] The parties began cohabitation in 1991 and married in 1994. They separated on July 17, 2018. They are the parents of two grown children, Joseph Caron and Braydon Caron, who live together at the former matrimonial home in Ignace, Ontario.

[4] The young men are visually impaired and unable to drive. The applicant, who lives in Thunder Bay, continues in her care-giving role for her sons. She drives to Ignace on a regular basis, organizes their appointments for her sons, cleans their home and prepares meals for them. The respondent lives in British Columbia. He makes no contribution to the expenses of the home.

[5] The application commenced in 2022. To date, Mr. Caron has paid no spousal support. He declined to disclose his historic or current income until ordered to do so by the court.

[6] Ms. Pommer is 56 years-old. She is disabled and receives ODSP. Some, but not all of her drugs, are funded through the Trillium program. She is unable to work, having had surgery to correct problems with her knee and wrist. One more surgery is required on her wrist. She suffers from mental health difficulties and finds standing and walking difficult.

[7] Ms. Pommer seeks spousal support in the highest range in view of the length of the parties’ relationship, her inability to work, and the expenses she incurs to offer care and assistance to the parties’ children.

[8] She contends that Mr. Caron’s resistance to making financial disclosure, to the point that a third-party disclosure order was required, indicates bad faith.

[9] She also seeks her costs based on her counsel’s hourly rate.

[10] I agree that in all the circumstances, spousal support based on needs and compensatory support are warranted. The applicant is impoverished while the respondent is fully employed with a good income. An adequate and timely payment of spousal support could have done much to alleviate her poverty.

[11] Although Ms. Pommer seeks spousal support retroactive to the date of separation in July 2018, she has filed no evidence and made no submissions as to Mr. Caron’s income for 2018. Accordingly, no order is made for retroactive spousal support for the balance of 2018.

[12] There is, however, evidence as to Mr. Caron’s income from 2019 forward. For example, the respondent’s income for 2019 as declared in his income tax return was $82,418; by comparison, the applicant’s annual income that year was $12,771. Based on the Spousal Support Advisory Guidelines, (“SSAG”), Mr. Caron was obligated to pay high-range support of $2,758 per month or $33,096 per year. He paid nothing.

[13] In 2020, Mr. Caron declared income of $80,088 (rounded up). Ms. Pommer’s income was $12,771. Based on the SSAG, he was obliged to pay high-range spousal support of $2,631 per month or $31,572 per year. He paid nothing.

[14] In 2021, Mr. Caron earned $45,760, according to his income tax return. Ms. Pommer’s income was $12,771. Based on the SSAG calculation, his obligation for high-end spousal support was $1,252 per month or $15,024 per year. Even this level of spousal support would have surpassed her income from ODSP. Instead, he paid nothing.

[15] In 2022, Mr. Caron’s T-4 shows annual income of $60,885, while Ms. Pommer’s income did not change. The SSAG calculation for high-end spousal support places Mr. Caron’s obligation at $1,849 per month or $22,188 per year.

[16] Mr. Caron’s income for 2023 is proven by his pay stub for the period between May 21 to June 3, 2023, that shows year-to-date gross earnings of $34,904. Extrapolated for the balance of the year, he can be expected to earn $79,411 in 2023. The SSAG calculation for that level of income, and Ms. Pommer’s income at $12,771 is $2,603 in the high range. Calculated for the months of January to August 2023 (8 months), the arrears of spousal support are $20,824.

[17] Mr. Caron shall therefore pay retroactive spousal support to Ms. Pommer calculated as follows:

2019 $33,096 2020 $31,572 2021 $15,024 2022 $22,188 2023 $20,824 (8 months) Total $122,704

[18] In addition, Mr. Caron is ordered to pay spousal support to Ms. Pommer in the amount of $2,603 commencing September 1, 2023, and monthly thereafter.

[19] Ms. Pommer is presumptively entitled to her costs. Counsel for Ms. Pommer shall submit his bill of costs within 10 days of the release of these reasons. Costs reserved.

“original signed by” The Hon. Madam Justice H.M. Pierce

Released: September 14, 2023