Camirand v. Beaulne, (1998) 64 O.T.C. 66 (GD)

• Jurisdiction: Ontario
• Judge: Aitken, J.
• Citation: (1998), 64 O.T.C. 66 (GD)
• Court: Ontario Court of Justice General Division (Canada)
• Date: 05 February 1998

Camirand v. Beaulne (1998), 64 O.T.C. 66 (GD)

MLB headnote and full text

Temp. Cite: [1998] O.T.C. TBEd. MY.151

Monique Camirand (applicant) v. Stephane Beaulne (respondent)

(Court File No. 55763/97)

Indexed As: Camirand v. Beaulne

Ontario Court of Justice

General Division

Aitken, J.

May 15, 1998.

Summary:

A mother sought, inter alia, child support for the three children of the marriage in accordance with the Federal Child Support Guidelines. She also sought an additional amount representing one half of the cost of hockey and swimming for the children. The father asked that the child support otherwise payable pursuant to the Guidelines be reduced due to undue hardship. The mother earned $60,762 annually. Her partner earned $39,000. The father earned $64,773. His new spouse, with whom he had a two year old child, earned $9,912. The father based his claim to undue hardship on the grounds that he had a duty to support a child other than a child of the marriage, that he had unusually high expenses associated with exercising access and he had a high level of debt.

The Ontario Court (General Division) ordered the father to pay $1,145 per month (the Table amount). The court did not award an additional amount for hockey and swimming costs, finding that those expenses were not "extraordinary" given the mother's income. While the court found that the father was experiencing hardship, the hardship was not "undue".

Family Law - Topic 4045.4

Divorce - Corollary relief - Maintenance - Support guidelines - Special or extraordinary expenses - See paragraphs 19 to 26.

Family Law - Topic 4045.6

Divorce - Corollary relief - Maintenance - Support guidelines - Exceptions and exemptions (incl. undue hardship) - See paragraphs 27 to 45.

Cases Noticed:

Walkeden v. Zemlak (1997), 160 Sask.R. 1 (Q.B. Fam. Div.), refd to. [para. 26].

Hansvall v. Hansvall (1997), 160 Sask.R. 201 (Q.B.), refd to. [para. 26].

Hoover v. Hoover, [1997] N.W.T.J. No. 43, refd to. [para. 26].

Andries v. Andries (1997), 119 Man.R.(2d) 224 (Q.B.), refd to. [para. 26].

Messier v. Baines (1997), 161 Sask.R. 132 (Q.B. Fam. Div.), refd to. [para. 29].

Jackson v. Holloway (1997), 161 Sask.R. 31 (Q.B.), refd to. [para. 29].

Nagy v. Tittemore (1997), 162 Sask.R. 54 (Q.B. Fam. Div.), refd to. [para. 29].

Statutes Noticed:

Divorce Act Regulations (Can.), Federal Child Support Guidelines, SOR/97-175, sect. 7(1)(f) [para. 14]; sect. 10 [para. 16].

Federal Child Support Guidelines - see Divorce Act Regulations (Can.).

Counsel:

Michele L. Labrosse, for the applicant;

Stephane Beaulne, in person.

This application was heard on February 5, 1998, before Aitken, J., of the Ontario Court (General Division), who released the following judgment on May 15, 1998.