Court File and Parties
Court File No.: FC-10-2714-1 Date: 2023/10/04 Superior Court of Justice - Ontario
Re: Mary Maclean, Applicant -and- Mathieu Courville, Respondent
Counsel: Elliott Braganza, for the Applicant Gonen Snir, for the Respondent
Heard: March 2, 2023
Amended Reasons for Decision
Engelking J.
[1] On February 27, 2023, the court’s Reasons for Decision on Mr. Courville Motion to Change were released. The parties were invited to provide written submissions regarding costs for the MTC, if they were unable to agree on same.
[2] The Applicant, Ms. Maclean has provided written submissions. The Respondent, Mr. Courville, has not.
[3] In reviewing the Reasons for Decision dated February 27, 2023, for the purpose of determining liability for and quantum of costs, I have noted an error in the order made.
[4] At paragraph 14 of those Reasons, I indicated that any variation should commence as of the date that Mr. Courville gave formal notice to Ms. Maclean, which was May 4, 2021. However, in paragraph 1 of the Final Order portion of the Decision at paragraph 19, I indicated that Justice Kershman’s Final Order of January 20, 2011, was to be varied such that Mr. Courville was to pay $293.06 per month commencing June 1, 2011, based on his annual income of $18,957. The order ought to have read that Justice Kershman’s Final Order of January 20, 2011, was to be varied such that Mr. Courville was to pay $293.06 per month on his annual income of $18,957 commencing May 1, 2021.
[5] There shall, therefore, be an Amended Final Order as follows:
Paragraph 4 of the Final Order of Justice Kershman dated January 20, 2011, shall be varied to read: “The Respondent shall pay child support for the two children in the amount of $293.06 per month commencing May 1, 2021, based on an annual income of $18,957, as per the Child Support Guidelines O. Reg. 391/97.
The Family Responsibility Office shall make necessary adjustments to the child support arrears owed by the Respondent in accordance with this Order.
[6] This affects the outcome of the MTC. Ms. Maclean was already the more successful party on the motion, given that Mr. Courville’s arrears of child support were never rescinded. The error in my original Reasons, however, did have the effect of incorrectly reducing Mr. Courville’s arrears. As a result of the correction of this error, Ms. Maclean may resubmit, and Mr. Courville may submit, if desired, new submissions on costs at ten-day intervals from the date of release of these Amended Reasons for Decision.
Engelking J.
Date: October 4, 2023
Court File No.: FC-10-2714-1 Date: 2023/10/04
Ontario Superior Court of Justice
Re: Mary Maclean, Applicant -and- Mathieu Courville, Respondent
Counsel: Elliott Braganza, for the Applicant Gonen Snir, for the Respondent
Amended Reasons for Decision
Engelking J.
Released: October 4, 2023