Citation
CITATION: Amos-Scott v. Amos 2024 ONSC 5458
Court File and Parties
COURT FILE NO.: FS-21-0114 DATE: 2024/10/02
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
AMOS-SCOTT, Tara Applicant – and – AMOS, Daniel Respondent
COUNSEL: R. Leckie, for the Applicant Self-represented, for the Respondent
HEARD: July 22, 2024
Reasons for Decision
Wilcox, J.
Introduction
[1] The parties were married on July 10, 1993, after about a year of co-habitation. They had two children, now adults, and separated on August 1, 2017. They entered into a Separation Agreement dated February 11, 2018, but the Respondent allegedly failed to abide by it. Therefore, the Applicant brought an Application dated June 29, 2021. The Respondent was noted in default of an Answer on March 9, 2022, and the matter proceeded to an uncontested trial on July 22, 2024.
[2] The Applicant filed an Affidavit for Uncontested Trial dated July 12, 2024, and supplemented it with some oral testimony.
[3] The relevant sections of the Separation Agreement are as follows:
7. SPOUSAL SUPPORT
a. There shall be no spousal support payable for two years after the date of execution of this agreement.
b. Two years after the date of execution of this agreement, spousal support shall become payable from Dan Amos to Tara Amos and the parties shall review the issue of quantity and duration based upon the Spousal Support Guideline calculation with that request to be made in writing by Tara Amos.
d. Spousal Support shall terminate when Dan Amos turns 65 years of age. For clarity Spousal Support shall terminate on January 9, 2028.
13. INSURANCE COVERAGE
a. Dan Amos agrees to keep Tara Amos enrolled under any health care benefits that he has through his employment or otherwise.
b. Dan Amos agrees to keep Tara Amos enrolled as a beneficiary to his life insurance policy.
c. Dan Amos agrees to keep Tara Amos enrolled as a beneficiary to his RRSP investment accounts.
d. Dan Amos agrees to keep Tara Amos enrolled as a beneficiary to any and all other policies he may have in his possession at the time of the execution of the herein Agreement.
[4] Under the Separation Agreement, spousal support was to start in February, 2020, but did not. Rather, the Respondent made only twenty-one payments of $1,260 each in most months between March 1, 2021, and December 1, 2022, inclusive. The Respondent also cut off the Applicant’s access to medical benefits and provided no proof that he is complying with the Separation Agreement.
[5] The Application claimed:
An Order that the Respondent, Daniel Amos, pay spousal support to the Applicant, Tara Amos, pursuant to his income, real or imputed, commencing February 1, 2020, and continuing the first of every month thereafter on a compensatory and non-compensatory basis, in an amount pursuant to the Spousal Support Advisory Guidelines.
An Order that the Respondent, Daniel Amos, provide coverage for medical insurance for the benefit of the Applicant, Tara Amos, pursuant to the Separation Agreement dated February 11, 2018.
An Order that the Respondent, Daniel Amos, obtain and maintain life insurance on his life and designate the Applicant as the beneficiary of same, pursuant to the Separation Agreement dated February 11, 2018.
An Order that the Respondent, Daniel Amos, designate the Applicant as the beneficiary of his RRSP investment accounts pursuant to the Separation Agreement dated February 11, 2018.
[6] Entitlement to spousal support was effectively acknowledged in the Separation Agreement.
[7] The Applicant had no current information regarding the Respondent’s employment. Her evidence was that he had worked in HVAC during their relationship and was still doing so at separation. She had some dated income information of his. She filed his T4 and income tax return for 2013, showing that he had worked for Standard Mechanical Systems and had a total income of $101,299.67 that year. She also filed his T4 and income tax return for 2014, showing that he had worked for Standard Mechanical Systems and for Detour Gold Corporation with a total income of $110,794.66 for that year. The separation agreement states that he was employed full-time with Mike Witherell Mechanical Ltd.
[8] The Applicant had not been able to get more recent information about the Respondent’s income either directly from him or through his employers, his union, or other third-party sources, even with a court order. He had threatened to terminate spousal support. She had second hand information that he had quit his job to avoid paying her spousal support. He had offered her $1,500 per month on conditions, but would not consent to an order being made.
[9] For whatever reason, she had not received any money from the FRO on account of the temporary order of May 15, 2023, that he pay her $2,500 per month spousal support starting April 1, 2023.
[10] The Applicant’s evidence was that the Respondent was a member of the United Association of Refrigeration Workers’ Union, Local 787. The health care benefits, life insurance and RRSPs listed in the Separation Agreement were all through the union. The Applicant said that he had a pension through the union, but it is not clear if this is separate from the RRSP.
[11] The Applicant has no employment income. She said that she suffers from immune rheumatoid arthritis, diabetes and depression. She requires money for housing and coverage for prescriptions. She has been refused Ontario Works and ODSP benefits primarily because of the Separation Agreement. She has sought a rent subsidy. Her social worker stated in a letter of April 26, 2023, filed as an exhibit to the Applicant’s Affidavit, that the Applicant needed a minimum of $2,500 per month from spousal support in addition to her CPP benefits to keep her living situation stable.
[12] It is clear that the Respondent is aware of the legal proceedings, but is not taking them seriously. He has not lived up to his obligations under the Separation Agreement. He allegedly told the Applicant during the relationship that he had helped his brother avoid paying what was owed to the brother’s ex-wife. He also allegedly told one of the party’s adult daughters that he quit his job to avoid paying spousal support to the Applicant, and asked to put assets into others’ names. This uncontroverted evidence indicates an inclination to avoid support obligations.
[13] The Applicant’s counsel submitted alternative plans for dealing with spousal support. The starting point would be setting spousal support at $2,500 per month which fell within the ranges calculated by DivorceMate using the 2013- and 2014-income figures.
[14] The first plan involved multiplying $2,500 per month x the 53 months from February, 2020, when spousal support was to start according to the Separation Agreement, to July, 2024, when the uncontested trial was heard, for a total payable over that span of $132,500. Subtracting the 21 months in which the Respondent paid $1,260 per month, totalling $26,460, left arrears owing of $106,040. That would be payable at $500 per month. In addition, the Respondent would owe $2,500 per month thereafter.
[15] Alternatively, in the second plan, the Respondent would pay spousal support of $2,500 per month for the eight years, from February, 2020, when spousal support was to start, to January, 2028, when it was to end under the Separation Agreement, less the payments already made, in a lump sum. The lump sum could be funded by the Respondent’s RRSPs or pension. Counsel calculated that that amounted to $333,540.
[16] I prefer the second plan. It provides the parties with a cleaner break. This is particularly valuable in this case because of the problems enforcing a periodic order that can be anticipated in view of the Respondent’s performance to date.
[17] My calculations differ from counsel’s. I calculate that $2,500 per month for eight years is $240,000. Subtracting the $26,460 paid leaves $213,600 owing. Unless counsel can point to an error or oversight in my calculation, I order the Respondent to pay the Applicant lump sum spousal support of $213,600 within 30 days of the date of this order.
[18] In addition, within 30 days of the date of this order, the Respondent shall provide proof that he has done as he agreed to in s. 13(a)(b)(c) and (d) of the Separation Agreement. In addition, he shall provide such proof annually on the anniversary of the order’s date.
[19] The Applicant’s costs submissions may be filed within 30 days, limited to three double-spaced pages plus a Bill of Costs.
Wilcox, J.
Released: October 2, 2024