Reasons for Decision

Court File No.: FC-21-2157
Date: 2025/03/21
Ontario Superior Court of Justice
Re: Daniel Ryan Borrens, Applicant
And: Chelsea Alexis Perreault, Respondent
Before: Justice T. Engelking
Counsel: Self-represented Applicant; Sonya Notturno for the Respondent
Heard: September 17–23, 2024

Introduction

The Applicant Father, Mr. Borrens, has brought an application seeking a final order under the Children’s Law Reform Act for shared decision-making authority over and a shared parenting schedule for the parties’ two children, Damian James Borrens (born June 20, 2018) and Brooklyn Ava Borrens (born September 16, 2020).

In her Answer to Mr. Borrens’ application, the Respondent Mother, Ms. Perreault, seeks an order for final decision-making authority after consultation, primary residence of the children with her, specified parenting time for Mr. Borrens, child support, spousal support, a restraining order, prejudgment interest, and costs. Ms. Perreault did not pursue her claim for a restraining order at trial.

The issues in the trial, therefore, are:

What order for decision-making authority is in the best interests of the children?
What parenting schedule is in the best interests of the children?
What are the child support and section 7 expense contributions payable?
Is Ms. Perreault entitled to spousal support? If so, is the basis of her entitlement compensatory or non-compensatory, and what is the quantum of support payable?
Is Ms. Perreault entitled to pre-judgment interest?

For the reasons set out below, there will be a final order providing for final decision-making responsibility and primary residence of the children with Ms. Perreault, as well as for specified parenting time for Mr. Borrens, child support and section 7/extraordinary expense contributions from Mr. Borrens, spousal support for Ms. Perreault, and pre-judgement interest as set out below.

Background Facts

Ms. Perreault and Mr. Borrens met when Ms. Perreault was approximately 13 years of age, and Mr. Borrens was 17. Ms. Perreault had moved to Ottawa from Hawksbury with her mother and brother, the latter of whom had some mental health issues and was required to attend the Royal Ottawa Hospital. Ms. Perreault’s mother also had some addiction struggles at the time, and both parties testified that after meeting, Ms. Perreault spent more of her time at Mr. Borrens’ home, where he lived with his mother, than she did at her own home. Not long afterwards, Mr. Borrens and Ms. Perreault became a couple.

Ms. Perreault described the relationship as one in which Mr. Borrens exercised control over her; he did not like if she hung around with friends or paid attention to anyone else. Mr. Borrens was also not faithful during the initial relationship and the parties split, with Mr. Borrens being involved in another relationship. In approximately 2017, Ms. Perreault and Mr. Borrens started talking again, and recommenced a relationship around that time.

Between 2012 and 2017, Ms. Perreault went to university and obtained a degree in psychology. While going to school, Ms. Perreault also worked at Swiss Chalet as a server. Once the relationship with Mr. Borrens recommenced, Ms. Perreault continued to work at Swiss Chalet. The parties planned to have a child together, and Damian was born in June of 2018. Ms. Perreault took a maternity leave and then returned to work in May of 2019, initially taking only a few shifts as Damian continued to breastfeed. Ms. Perreault indicated that while Mr. Borrens did look after Damian sometimes, she typically used her mother, who lived close to her place of employment, to care for him while she worked. Mr. Borrens’ evidence was that after he returned home from work in his road construction job at the time, Ms. Perreault would go to work, and he would care for Damian.

Ms. Perreault remained employed at Swiss Chalet until March of 2020, when the restaurant closed due to the COVID-19 pandemic. She was also, at that time, pregnant with Brooklyn. While pregnant, Ms. Perreault worked between approximately 12 and 20 hours per week. Ms. Perreault has not returned to work since. Her annual income for the years 2018 through 2023 has been as follows:

2018 - $9,801 [1], which was a combination of work and EI while on maternity leave
2019 - $10,517 [2], which was a combination of work and EI while on maternity leave
2020 - $16,004 [3], which was a combination of work and CERB
2021 - $14,315 [4], which was due to CERB
2022 - $3,449 [5]
2023 - $0 [6]

According to her Financial Statement sworn on September 6, 2024, Ms. Perreault’s expected income for 2024 consisted of $687 per month in social assistance and $1,474 per month in Child Tax Benefits for an annual income of $25,932.

Mr. Borrens is a skilled labourer and has been a member of his union for 20 years. Currently, Mr. Borrens operates heavy machinery on construction projects. Of late, he has been employed on projects related to the light rail transit system in Ottawa. Mr. Borrens’ evidence is that his union identifies jobs for its members and assigns them thereto. His work is also weather dependent; at times he is laid off and in receipt of EI. Mr. Borrens’ annual salary can, therefore, fluctuate, depending on how many hours he is offered or can work. Mr. Borrens provided his Notice of Assessment for the years 2020 to 2023 and his annual income for those years was:

2020 - $55,263 [7]
2021 - $67,080 [8]
2022 - $56,325 [9]
2023 - $21,687 [10]

In a Financial Statement provided by Mr. Borrens at trial, which he swore to be true on September 16, 2024 (but for a $62 fee for childcare), he estimated his annual income for 2024 to be $61,200. [11]

Mr. Borrens took parental leave after Brooklyn was born in September of 2020. His evidence was that he was home for about a month and a half, while Ms. Perreault testified that he was off approximately eight months, only returning to work in May of 2021. Ms. Perreault testified that during those months, Mr. Borrens played video games late into the night and slept half of the day. Mr. Borrens’ evidence is that he was very much involved with the care of the children, usually caring for one while Ms. Perreault attended to the needs of the other.

But for whatever period he was off after Brooklyn was born, Mr. Borrens has always worked full-time. Although he was perhaps involved in childcare when not working, it was clear from the evidence at trial that Ms. Perreault has been the primary caretaker of the children since Damian was born. Mr. Borrens’ evidence was that he was equally involved in the care of the children during the relationship, which included feeding, diapering, bedtime routine and such. Ms. Perreault’s evidence was that Mr. Borrens was not. She testified that Mr. Borrens had little to do with the care of the children, and would get angry and frustrated with them, and with her and her constant requests that he help.

Indeed, Ms. Perreault grew very tired of having to manage everything on her own, and of having to navigate Mr. Borrens’ abusive behaviours towards her, which included some physical aggression and constant verbal aggression, name-calling, and belittling. The last straw for her was when Mr. Borrens grew angry with her for asking him to slow down while on the way to the hospital for her surgery to have a cyst removed on November 26, 2019, and he smashed her head against the car window with Brooklyn in the car. At that point, Ms. Perreault knew that she would leave the relationship, though she didn’t know how.

On November 30, 2021, Ms. Perreault packed up her things and Brooklyn while Mr. Borrens was at work, and she moved into a shelter for abused women. Her neighbour offered to collect Damian from the daycare he was attending, which she did. Mr. Borrens started his application shortly after, on December 3, 2021. Ms. Perreault was later able to obtain subsidized housing in the Heron Gate area of Ottawa.

On December 24, 2021, Associate Justice Kaufman, as he then was, made an order for some short periods of parenting time for Mr. Borrens, starting in the presence of other persons, but progressing as of January 3, 2022, to be with Mr. Borrens on his own.

On April 12, 2022, Justice Summers granted an order for Mr. Borrens to pay to Ms. Perreault child support of $1,022 per month based on his annual income of $67,080, and for Mr. Borrens to maintain the children on his health care insurance through his employment. This order has remained in place to the date of the trial.

On September 20, 2023, Justice Jensen granted an order on consent providing that the children’s primary residence would be with Ms. Perreault and that Mr. Borrens’ parenting time would be every Wednesday after school/daycare to Thursday morning at school/daycare and every other weekend from Friday after school/daycare to Monday morning at school/daycare. Exchanges which could not be done at school were to be done in front of Ms. Perreault’s building. This parenting schedule remained in place to the time of the trial.

Ms. Perreault returned to school for one year, from September of 2022 to August of 2023, to obtain a Social Service Work Intensive Program, which included a placement at Ontario Works as a case worker and frontline crisis worker. Ms. Perreault would ultimately like to obtain employment in this field.