COURT FILE NO.: FS-22-53-00
DATE: 2024-02-05
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Crystal Leanne Page
Applicant
- and -
Martin Russel Allin Page
Respondent
B. White, for the Applicant
Self-represented, for the Respondent
HEARD: January 30, 2024, at Thunder Bay, Ontario
Madam Justice T. J. Nieckarz
Uncontested Trial Decision
[1] This motion to have the Respondent noted in default and proceed as an uncontested trial was heard before me today, by Zoom. Ms. White (for the Applicant) and the Applicant appear. The Notice of Motion and Affidavit for Uncontested Trial, sworn January 5, 2024, were served on the Respondent (Mr. Page) by email on January 5th, but he did not appear. No one appeared on his behalf.
[2] The Applicant, Ms. Page, seeks to have the remaining proceeds of sale of the matrimonial home, currently held in trust, in the amount of $19,930.04 transferred to her on account of an equalization of net family property. She also seeks to have ownership of a 2009 Polaris 550 snowmobile, currently in her possession, transferred to her.
[3] The difficulty is that Mr. Page has not cooperated with providing the financial information necessary to properly complete a net family property statement. This is despite a court order requiring him to do so.
[4] The parties were married on July 22, 2000, and separated September 14, 2019. Prior to their marriage, the parties lived together for approximately 3 years. They have one child that they share parenting of on an alternating weekly basis. A divorce was granted May 26, 2023.
[5] The procedural history may be summarized as follows:
a. The Application was commenced by Ms. Page on July 29, 2022. Mr. Page was served with the Application on August 3, 2022. He has not delivered an Answer.
b. A case conference was conducted October 31, 2022. Mr. Page appeared and advised that he intended to retain counsel. The Endorsement of the Honourable Justice Pierce, dated October 31, 2022, requires Mr. Page to deliver a financial statement and provides for the appraisal of the matrimonial home with the cost shared.
c. A settlement conference was conducted on March 20, 2023. Mr. Page did not appear, nor did he file any material. He had not complied with the Order of October 31, 2022. The Honourable Justice Warkentin directed counsel for the Applicant to provide her with a draft order for her consideration. On March 29, 2023, an Order was issued providing for some temporary and final relief, made in the absence of Mr. Page with respect to parenting, proceeding with a divorce, and property.
d. On June 27, 2023, counsel for Ms. Page received a Notice of Change of Representation indicating that Mr. Page had retained counsel. No further documents were filed. On July 17, 2023, Mr. Page's lawyer advised they were no longer retained, and she intended to be removed as counsel of record. This was done.
e. On September 8, 2023, Mr. Page delivered his income tax return summaries for the years 2019 to 2022, but no information to assist in determining the value of his assets, and no updated financial statement.
f. Pursuant to paragraph 9 of the March 29th, order, the matrimonial home was sold in August 2023, and Ms. Page received her one-half share of the net sale proceeds in the amount of $19,930.04. Mr. Page's one-half share remained in trust with Tyler Evyn Johnson Professional Corporation.
g. Mr. Page has not communicated any further with counsel for the Applicant, he has not provided the financial statement ordered, nor has he paid the costs order from March 29, 2023.
[6] In the absence of any information from Mr. Page, Ms. Page calculates the equalization payment owing to her to be $39,165.02. Her net family property statement is attached to this endorsement. She is willing to accept $19,930.04, being the funds remaining in trust on account of the sale of the house in full satisfaction of the amount she claims as owing on account of equalization.
[7] At the motion hearing I had a number of questions about the net family property statement. Ms. Page was affirmed and provided viva voce evidence to supplement her affidavit, and her counsel uploaded documents to Caselines that were admitted as exhibits.
[8] With respect to the net family property statement and evidence adduced at the hearing:
a. Ms. Page claims that Mr. Page owns general household items and vehicles totalling $58,400. This includes an estimated $10,000 worth of household goods and furniture. Ms. Page's evidence is that Mr. Page retained everything other than her clothing. Having said this, without any information as to what comprises the $10,000, I find this likely to be excessive. I have attributed $5,000 to the furniture.
With respect to the recreational items claimed, Ms. Page testified that she researched the items using Auto Trader type resources and taking median or average prices (not the highest, but not the lowest) for the items based on her knowledge as to make, model, and condition. Mr. Page has not disputed the values attributed and I have no evidence to contradict Ms. Page's estimates, which I accept.
b. The net family property statement refers to a pension that Mr. Page may own from employment at Querel Gravel & Lumber. In her oral evidence Ms. Page has confirmed that Mr. Page was not employed by Querel during the marriage, and if there is still a pension, any value would have been accumulated prior to the marriage. Ms. Page has no idea what the value, if any, would have been on the date of marriage.
c. Ms. Page claims the sum of $27,017 as a debt owing by her on the valuation date (balance as at June 5, 2023) for a joint line of credit with Mr. Page. The notation to this debt is "Martin has indicated no intention of paying". In response to my questions, Ms. Page confirmed:
-the balance owing as of the date of separate was $28,950
-other than approximately $75 that was paid by her, Mr. Page has paid the interest only payments on the loan (and likely a principal payment given the reduction) since separation
-the loan payments come out of Mr. Page's bank account
-it is her intention that the loan be shared between the parties, which requires an adjustment to the NFP calculation.
d. A number of items are claimed as valuation date debts that arose after separation in relation to the sale of the home. Some of them are items for which Mr. Page should be responsible for one-half the amount. By including these amounts in the NFP statement, I infer that Ms. Page is satisfied that Mr. Page's share of the net sale proceeds of the home will also be in satisfaction of these amounts. With respect to the amounts claimed:
-the appraisal report fee ($565), Northern Waste and Hauling (removal of debris from the home $904.90); Construction Waste disposal fees ($78) are proven and allowable amounts to be credited to Ms. Page [note: not as valuation date debts, but in addition to an equalization payment owing].
-the $1,952.90 claimed for 118 person hours @ $16.55/hr is not an appropriate claim as Ms. Page has confirmed she did not pay the individuals who assisted her in cash, but rather fed them and provided beverages. She does not provide proof of the cost of these items.
[9] Even with the adjustments referred to above, Mr. Page owes Ms. Page the sum of $21,950 on account of an equalization of net family property), and $773.95 for his share of the house related expenses, for a total of $22,723.95. In light of this, Ms. Page's request for payment to her of Mr. Page's one-half share of the net sale proceeds from the home is a reasonable request and shall be ordered.
[10] As part of the calculation of net family property, Ms. Page has accounted for the 2009 Polaris that is in her possession, and she seeks to have transferred to her. There are two identical machines. It makes sense to transfer one of them to Ms. Page.
Order:
[11] It is ordered that:
a. The Respondent, Mr. Page, is noted in default.
b. Within 14 days of the date of service of the Order made pursuant to this endorsement, Mr. Page shall sign the documents necessary to transfer to Ms. Page the 2009 Polaris 550 snow mobile, VIN #SN1NT5BS69C663462, to Ms. Crystal Page on a spousal rollover / family gift basis.
c. If Mr. Page fails to transfer ownership of the snow mobile as required by this order, in addition to any other remedies she may have, Ms. Page may rely on this order in attempting to transfer ownership through Service Ontario without the necessity of having Mr. Page's signature.
d. The remaining net proceeds from the sale of the matrimonial home currently held in trust with Tyler Evyn Johnson Professional Corporation, in the amount of $19,930.04 plus accrued interest shall be paid to Ms. Page in full and final settlement of all claims she may have on account of an equalization of net family property and Mr. Page's one-half share of the costs associated with the home as outlined in this endorsement.
e. Each party shall be responsible for payment of one-half of the Royal Bank joint line of credit bearing account number 22908396-001.
f. Each party shall immediately, and no later than 30 days, take the necessary steps to either pay their one-half share of the current balance or negotiate their own loan in their own name for their one-half share so that the joint loan may be closed.
g. If either party fails to comply with their obligations with respect to the joint line of credit and the other is called upon to pay any portion of their share (interest and/or principal), they shall be responsible to the other party for payment of the amounts they are called upon to pay, plus interest and costs incurred in collection of the same.
h. Mr. Page shall pay Ms. Page costs in the amount of $1,000.
"Original signed by" The Honourable Madam Justice T.J. Nieckarz
Released: February 5, 2024
COURT FILE NO.: FS-22-53-00
DATE: 2024-02-05
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Crystal Leanne Page
Applicant
- and -
Martin Russel Allin Page
Respondent
UNCONTESTED TRIAL DECISION
Nieckarz J.
Released: February 5, 2024