Court File and Parties
COURT FILE NO.: CR-24-028-00 DATE: 2024-08-19
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Maria Dunnill v. Edward Dunnill
HEARD: In person and via Zoom on August 15, 2024
BEFORE: Pierce J.
COUNSEL: Mr. Dunnill, in person Ms. Dunnill, not appearing Ms. Al-Sewaidi, General Counsel, Legal Aid Ontario
ENDORSEMENT
[1] On April 4, 2013, Justice E. Koke issued a final order on consent that included provisions for child and spousal support, payment to Ms. Dunnill of $30,000 for the parties’ net family property plus interest, and costs in the amount of $5,000 assigned to Legal Aid Ontario for Ms. Dunnill’s legal fees. The order also provided that the parties’ divorce would proceed uncontested.
[2] By the terms of the order, child support and spousal support were to terminate in April 2017. Paragraphs 7, 8, and 9 dealt with payment of the net family property award. This order was never appealed or set aside and remains in effect. See the endorsement of Justice Warkentin dated February 16, 2024.
[3] Neither the net family property order nor the costs order have been paid.
[4] A writ of seizure and sale filed in the family court file No. 16681/09 on August 22, 2013 claims the sum of $37,615.42 plus interest of 3% per year beginning August 13, 2013 for Ms. Dunnill, unpaid support of $1,500 and a further $5,000 in costs for Legal Aid. Mr. Dunnill submits that no arrears of support remain.
[5] In a separate matter, Mr. Dunnill was ordered on June 12, 2023, to pay costs of $25,000 to the Township of Manitouwadge. In 2023, when he tendered a bank draft in the amount of $25,926.28 to the Sheriff of the District of Thunder Bay, the Sheriff brought to his attention that there were also writs filed against him by Ms. Dunnill and Legal Aid Ontario.
[6] The Sheriff’s proposed distribution would pay 1/3 of the costs ($8,348.07) to Manitouwadge, 1/3 of Ms. Dunnill’s claims ($12,443.21) to her and $5,000 to Legal Aid Ontario.
[7] Mr. Dunnill has filed a motion to change the final order on the grounds that his marriage was subsequently annulled by an order granted in the Philippines, where the parties were married. He further submits that Ms. Dunnill has abandoned her claims against him.
[8] Legal Aid Ontario does not waive its claim for costs. The motion to change relative to Legal Aid Ontario’s claim for costs is dismissed.
[9] The Township of Manitouwadge does not waive its claim for costs. The motion to change relative to The Township’s claim for costs is dismissed.
[10] At the case conference held by R.S.J. Newton on June 14, 2022, Mr. Dunnill contended that his former wife had abandoned her claims against him arising from the judgment.
[11] Justice Newton ordered Mr. Dunnill to personally serve the applicant with the materials he had filed on the motion to change, as well as Justice Warkentin’s endorsement and his endorsement. He advised Mr. Dunnill that a letter from Ms. Dunnill was insufficient proof, and that Ms. Dunnill could either appear in person via Zoom to advise of her position or, alternatively, file an affidavit consenting to set aside her claims under the judgment.
[12] Mr. Dunnill has now served his former wife as ordered. Ms. Dunnill has filed a sworn affidavit dated July 4, 2024, indicating her receipt of a binder from Mr. Dunnill, and confirming that she sent him a letter dated March 5, 2024, stating that she did not want anything further from him. A copy of that letter is in the court file.
[13] The affidavit further indicates that Ms. Dunnill considers the matter between the parties to be settled; she does not want anything further, including money, from him.
[14] Also in the court file is a notice that Ms. Dunnill withdraws her “writ of seizure and sale that was issued on August 22, 2013, with respect to court file number: 16681/09 (currently filed as court file number: FS-24-0028-00) from all records held at the office of the Sheriff for the Territorial District of Thunder Bay, Ontario.”
[15] I am satisfied that Ms. Dunnill does not wish to pursue her claims against Mr. Dunnill.
[16] An order will issue:
- Varying the order of Justice E. Koke dated April 4, 2013, deleting paragraphs 7, 8 and 9 thereof and declaring that there are no arrears of child or spousal support under the order;
- Amending the writ of seizure and sale, court file #16681/09, deleting the claims in favour of Ms. Dunnill in the amounts of $37,615.41 plus interest at 3% beginning August 13, 2013 and unpaid support of $1,500.
- For clarity, the claim for costs assigned to Legal Aid Ontario under the writ of seizure and sale in the amount of $5,000 is not affected by this order and may be enforced by Legal Aid Ontario.
- For clarity, the claim for costs assigned to the Municipal Council for the Corporation of the Township of Manitouwadge under the writ of seizure and sale in the amount of $8,348.07 (to be reapportioned) is not affected by this order and may be enforced by the Township.
- A copy of this endorsement is ordered sent to Ms. Dunnill.
- The Sheriff for the Territorial District of Thunder Bay is directed to recalculate the proposed distribution based on this order.
“originally signed by”
The Hon. Madam Justice H.M. Pierce
DATE: August 19, 2024