Ontario Superior Court of Justice
Court File No.: 5513/24
Date: 2025-04-23
Between:
Rayanne Headrick (Applicant)
– and –
James McNeill (Respondent)
Applicant Counsel: Rachel McLean
Respondent Counsel: Self-Represented
Heard: March 13, 2025
Judge: Gareau
Reasons on Uncontested Hearing
Background
1This matter is before the court on an uncontested hearing. The respondent was served on July 20, 2024 but failed to serve and file any responding material or defend the matter. By court order granted on December 2, 2024, the respondent was noted in default and the applicant was granted permission to proceed to an uncontested hearing.
2The uncontested hearing took place on March 13, 2025. The respondent, James McNeill, attended in court but was not permitted to participate in the proceedings given his default, although he did make comments to the court throughout the hearing.
3The applicant prepared and filed an affidavit for uncontested trial (Form 23C), which was the evidence in support of the relief sought. The applicant is seeking an order for the sale of the jointly owned home located at 375 Pim Street, Sault Ste. Marie, Ontario. The applicant seeks an unequal division of the net sale proceeds to reimburse her for expenses she has incurred for the home since the date of separation, including renovations in the amount of $12,125.00 and property taxes in the amount of $7,396. In addition to these adjustments, the applicant seeks an adjustment for the sum of $53,712.27 which she claims she put into the home.
Entitlement to Sale and Division
4The applicant is a joint owner of the home at 375 Pim Street, Sault Ste. Marie, Ontario, and is entitled to have the property sold to satisfy her one-half interest in the equity of the home. The evidence before the court is that the respondent is unemployed and likely in receipt of Ontario Works. It is clear that given the respondent’s impecuniosity he would be unable to purchase the applicant’s interest in the home at 375 Pim Street, Sault Ste. Marie, Ontario. The only viable option is to have the home listed for sale. In any event, the applicant wishes the home sold to maximize the value of the home in the open real estate market.
Legal Aid Liens
5As indicated in the parcel register entered as Exhibit 1, there are two legal aid liens, registration numbers AL244195 and AL279285, which were placed on title after separation and which were incurred for the benefit of the respondent, James McNeill. These legal aid liens should be paid from the respondent’s one-half net sale proceeds of the home.
Credits and Adjustments
6With respect to the further credits claimed by the home, the respondent was liable for one half of the property taxes and one half of the renovation costs. Accordingly, the applicant is to receive a credit in the amount of $6,062.50 for the renovations and $3,698.00 for the realty taxes which she paid. The applicant has benefitted from any increase in equity in the home since its acquisition as a registered joint owner and any further adjustments or credits to her, particularly with respect to the $53,712.27, is not appropriate.
Listing and Sale of Property
7The applicant has requested that the home be listed for sale with Royal Lepage as the listing company and Alexandra Rebek as the listing agent. There is no reason advanced why this company and realtor should not list the property at 375 Pim Street, Sault Ste. Marie, Ontario for sale on a multiple listing basis.
Access to Personal Belongings
8The applicant has requested that she be able to attend at 375 Pim Street, Sault Ste. Marie, Ontario to obtain her personal belongings from the home. The applicant, Rayanne Headrick, shall be entitled to attend the home at 375 Pim Street, Sault Ste. Marie, Ontario on May 4, 2025 from 12:00 noon to 3:00 p.m. to obtain her personal belongings from the home. The respondent, James McNeill, shall be absent from the home at 375 Pim Street, Sault Ste. Marie, Ontario on May 4, 2025 from 12:00 noon until 3:00 p.m. to allow the applicant to obtain her personal belongings from the home.
Spousal Support
9The only evidence before the court on the issue of spousal support indicates that the respondent is unemployed and likely receiving ODSP benefits. The respondent does not have the ability to pay spousal support, and accordingly, the claim for spousal support is dismissed.
Restraining Order
10There is no compelling evidence before the court to support the granting of a restraining order at this time, and accordingly, that claim is dismissed.
Order
11With respect to the home at 375 Pim Street, Sault Ste. Marie, Ontario, the following order is made:
- (a) The jointly owned property at 375 Pim Street, Sault Ste. Marie, Ontario shall be listed for sale on an MLS basis with Royal Lepage and Alexandra Rebek as the listing agent. The listing price shall be the price recommended by the realtor;
- (b) The applicant shall have carriage of the sale and is authorized to execute the listing agreement on behalf of the respondent, James McNeill.
- (c) From the proceeds of sale, the following shall be paid:
- (i) Real estate commission;
- (ii) Adjustments for taxes, utilities and municipal fees on levies;
- (iii) Legal fees and disbursements related to the sale;
- (iv) All other adjustments and encumbrances; and
- (v) After paying the aforementioned items, the net sale proceeds shall be divided equally between the parties subject to the legal aid liens registered on title to be paid from the respondent’s share of the net sale proceeds and the sum of $9,760.50 for renovations and realty taxes reimbursed to the applicant out of the respondent’s one-half share of the net sale proceeds.
Costs
12Costs to the applicant fixed in the amount of $2,500.00 inclusive of HST and disbursements are to be paid to the applicant by the respondent from the respondent’s share of the net sale proceeds of 375 Pim Street, Sault Ste. Marie, Ontario.
Final Order
13The applicant can take out the order without the approval of the respondent. A copy of the signed and entered order and a copy of this endorsement shall be served on the respondent, James McNeill.
Gareau
Released: April 23, 2025