COURT FILE NO.: FS-22-0192-00 DATE: 2024-04-09

ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

Warren Muir M. Petryshyn, for the Applicant Applicant

• and -

Lucille Schaaf E. Van Voort, for the Respondent Respondent

HEARD: March 15, 2024 at Thunder Bay, Ontario Regional Senior Justice W.D. Newton

Reasons For Judgment

Overview

[1] By decision dated July 10, 2023, 2023 ONSC 4105, I determined that Mr. Muir and Ms. Schaff were spouses.

[2] The issues remaining are the commencement, duration, and amount of spousal support payable by Mr. Muir to Ms. Schaff.

The Facts

[3] Although they had a long-term relationship, I found that Ms. Schaff and Mr. Muir were spouses between 2015/2016 to early 2022.

[4] Ms. Schaff seeks spousal support based on need. She has seldom been consistently employed during the relationship, or before, and has not established any deprivation or any other basis for compensatory support.

[5] Ms. Schaff is 65 years old. She was 63 when they separated. She is visually impaired and has other health issues, including multiple sclerosis. I am satisfied that she has no realistic viable prospects of being employable.

[6] In 2019 her total income was approximately $17,000, comprised of $3,400 in employment income, $5,000 in employment insurance benefits, and $8,300 in CPP. In 2020 and 2021, her only reported income was CPP benefits of approximately $13,000. Her financial statement sworn May 12, 2023, indicates monthly CPP income of $1,068.83 and income from room rental at $550 per month for a total monthly income of $1,618.83 or $19,425.96 annually. Currently, she has monthly pension income of $1,065.77 plus rental income of $600 per month for a total annual income of $19,989.24.

[7] Mr. Muir is a millwright. He will soon be 57 years old. His income fluctuates based on demand. In 2020 he had income of approximately $78,000, in 2021, $120,000, and in 2022, $140,000. His final pay stub for 2023 shows income of just under $155,000. He is currently in another relationship.

Positions of the Parties

[8] Ms. Schaff seeks monthly spousal support in the amount of $1,500 from July 2022 payable indefinitely. She also seeks medical/dental benefits and that she be a beneficiary of a life insurance policy on Mr. Muir’s life.

[9] Mr. Muir argues that he should pay spousal support of approximately $800 commencing August 2023, following the date of my decision, and that the duration of support should be capped at three years. He also seeks credit for the $3,600 paid ($1,200 per month from December 2023 to February 2024).

Analysis and Disposition

[10] The Spousal Support Advisory Guidelines suggest that where the recipient’s age plus the duration of the relationship is greater than 65 an indefinite award is appropriate. See Djekic v. Zai, 2015 ONCA 25, at para. 9. Ms. Schaff “fits” within those guidelines and I see no reason to depart from those guidelines in these circumstances. Spousal support shall be indefinite, reviewable upon a material change in circumstances such as Mr. Muir’s retirement.

[11] The quantum of the spousal support will be $1,000 per month which represents a rough “midpoint” range of support based on their respective incomes. I make no order with respect to medical/dental expenses as there is no evidence that Ms. Schaff is not eligible for government assistance.

[12] Spousal support shall commence July 1, 2022. I accept the submissions of counsel for Ms. Schaff that Mr. Muir unnecessarily delayed these proceedings.

[13] Mr. Muir shall have credit for the $3,600 spousal support already paid.

[14] Given the respective age of the parties, I am not making a provision that Mr. Muir make Ms. Schaff a beneficiary on a life insurance policy as security for spousal support.

[15] If the parties cannot agree on costs, then the party seeking costs shall submit cost submissions limited to three pages plus costs outline within 30 days of the release of this decision. The responding party shall have 10 days thereafter to file their cost submissions subject to the same limitations. If no costs submissions are received within 30 days, then costs will be deemed settled.

“Original signed by” The Hon. Mr. Justice W.D. Newton

Released: April 9, 2024