Ginese v. Fadel, 2024 ONSC 5199

Court File and Parties

COURT FILE NO.: FC-19-2026 DATE: 2024/09/20 ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

SALVATORE GINESE Applicant – and – RITA FADEL Respondent

Counsel: Self-Represented (for the Applicant) Katherine Cooligan, for the Respondent Michael Chun, for the Office of the Children’s Lawyer

HEARD: January 15-19, 22-26, 29-31, and February 1-2, 2024 (In Ottawa)

TRIAL Decision - Part 3

AUDET J.

1As directed in my decision on property and support issues which was released on June 24, 2024, the parties were required to forward to me additional evidence with respect to the wife’s current income as well as new support calculations in accordance with the directions contained in my earlier decision. The mother provided me with the additional information, but none was received from the father. As such, my decision below is based on the materials received from the mother, without further input from the father.

The mother’s current income

2On August 1, 2024, the mother received confirmation from Service Canada that she was approved for CPP disability benefits, retroactive to April 2023. Once all adjustments are made retroactively to that date, her total gross income for 2023 and for the first six months of 2024 is $66,632, and her estimated income for the balance of 2024 is $68,56, comprising of CPP disability benefits and private Canada Life disability benefits.

3As of July 1, 2024, the mother has formally changed her residence to the Province of Quebec.

Section 7 expenses

4The father refused to provide relevant information with respect to the children’s past medical and dental expenses, more specifically proof of the portion of those expenses that were covered by his insurance to determine his actual out-of-pocket expenses. He responded to the mother’s counsel’s request for those documents by saying that this evidence had already been provided to the mother via Our Family Wizard over the past several years.

5The father’s response is most unhelpful. Although it may have been exchanged in the past, none of that evidence was before the Court at trial, and it would be quite unfair to require the mother’s counsel to go through years of exchanges on Our Family Wizard to locate the relevant documents. This is why I directed the parties to exchange (once again, as the case maybe) only the very few documents that were relevant to this issue, given my earlier decision on financial issues.

6Based on the above, I find that no additional contribution is required from the mother in relation to the children’s past health and dental expenses, up to the end of July 2024. If, however, the father provides the mother with the relevant information (as requested by her and as directed by me) for health and dental expenses incurred for the children during that period of time (including orthodontics and glasses) including insurance coverage, the mother shall be required to claim same from her insurer, and pay to the father the insurance reimbursement upon receipt, as well as her proportional share of any amount not covered by the parents’ insurance.

7With respect to future health and dental expenses for the children, the mother explained that all medical, dental, and vision expenses for the children must be submitted through her benefit insurer first as the earlier birthday before being applied through the father’s plan. Other than orthodontic expenses, it appears that all the children’s dental and medical expenses will be covered by both plans combined. The mother shall promptly submit to her insurer any receipt provided to her by the father for the children’s health and dental expenses and pay to the father any reimbursement received.

8The mother provided an updated chart relating to the section 7 expenses which I had allowed by my earlier decision, and I have reviewed same carefully. I find that it accords with the directions I had given previously, and I accept her calculation in relation to section 7 expenses.

9Attached as Schedule A to this decision is a copy of that chart.

Spousal Support

10In my June 2024 decision, I concluded that no spousal support was payable for the years 2019 to and including 2022, but that there was a spousal support obligation on the part of the father starting in January 2023. In her calculations the mother used the net amount of spousal support from January 2023 to present. However, any spousal support order made today will be taxable in the mother’s hands and tax-deductible in the father’s hands, as my order is made in the year immediately following the commencement date (January 2023). I have therefore used the gross amount in my calculations.

11I agree that the mid-range of spousal support suggested by the Spousal Support Advisory Guidelines is appropriate in this case, at this time, given that there are still four dependant children who are entitled to support from both of their parents.

Conclusion

12Attached to this decision as Schedule B is a support reconciliation table setting out the total amounts owing by each party for each year on account of child and spousal support, as adjusted by me.

13Based on that Table, the mother owes the father $35,729 in child support arrears, after spousal support owing to her by the father is deducted.

14In my June 2024 decision, I found that the father owed the mother an equalization payment of $15,000 (plus pre-judgment interest from March 1, 2020) plus $21,000 on account of occupational rent. These amounts shall be set-off against child support owing by the mother to the father (net amount after deduction of spousal support), resulting in a small amount owing by the father to the mother.

15On an ongoing basis, the following support order is made:

1- Beginning on September 1, 2024, and every month thereafter until further order of the Court, the mother shall pay child support to the father in the amount of $1,542 (Quebec Tables) for the benefit of all four children, based on her estimated 2024 annual income of $68,856.

2- The parties shall share the children’s future section 7 expenses (as defined in my June 2024 decision) in proportion to their estimated 2024 income, which is 58% for the father and 42% for the mother.

3- Beginning on September 1, 2024, and every month thereafter, the father shall pay spousal support to the mother in the amount of $432 per month.

Costs

16If the parties are unable to agree on costs, I will accept written submissions not exceeding ten (10) pages, double-spaced, plus Bills of Costs and relevant offers to settle, in accordance with the following timelines:

1- The applicant father shall serve and file his submissions on or before October 4, 2024;

2- The respondent mother shall serve and file her submissions on or before October 18, 2024;

3- Any (brief) reply shall be served and filed by October 25, 2024.