Coghill v. Michalko, 2010 ABQB 292

Court of Queen ’ s Bench of Alberta Citation: Coghill v. Michalko, 2010 ABQB 292 Date: 20100430 Docket: FL13 00165 Registry: Ft. McMurray Between: Lorna Adele Coghill Applicant - and - Allan Steven Michalko Respondent _______________________________________________________ Addendum to Reasons for Judgment of the Honourable Mr. Justice R.P. Marceau _______________________________________________________ [1] Counsel have appeared before me requesting technical amendments to the Reasons for Judgment affecting only the method of equalization.

T he Respondent shall transfer to the Applicant by way of an RRSP spousal rollover as contemplated by the provisions of the Income Tax Act , RRSPs in the sum of $107,428.00. This amount shall be considered in satisfaction of the Applicant’s claims for property division and any retroactive adjustment in spousal support. The parties’ proposed form of Judgment Roll is attached to this Addendum as Appendix "A". I have signed the original. [2] The parties’ right to appeal my decision is not affected by these changes. Heard on the 29 th day of April, 2010.

Dated at the City of Edmonton, Alberta this 29 th day of April, 2010.

R.P. Marceau J.C.Q.B.A. Appearances: Marie Gordon, Q.C. Gordon Zwaenepoel for the Applicant Terrance A. Cooper, Q.C. Campbell & Cooper for the Respondent APPENDIX "A” Action Number: FL13 00165 IN THE COURT OF QUEENS BENCH OF ALBERTA JUDICIAL DISTRICT OF FORT MCMURRAY BETWEEN: LORNA ADELE COGHILL Applicant and ALLAN STEVEN MICHALKO Respondent BEFORE THE HONOURABLE ) JUSTICE R. P. MARCEAU ) ON TUESDAY THE 26 th DAY COURT HOUSE ) OF JANUARY, A.D. 2010

FORT MCMUR RAY, ALBERTA ) JUDGMENT ROLL UPON THIS MATTER COMING BEFORE ME FOR TRIAL on November 16, 17, 18 and 19, 2009; AND UPON HEARING READ the pleadings and proceedings herein; AND UPON HEARING evidence adduced; AND UPON HEARING representations made by counsel for the Applicant and counsel for the Respondent; AND UPON HEARING argument given on behalf of both parties; 1 .

IT IS HEREBY ORDERED AND ADJUDGED that the Respondent shall pay to the Applicant spousal support in the sum of $3,400.00 per month commencing February 1,2010 and continuing on the first day of each and every month up to and including December 1,2010. Commencing January 1, 2011, the Respondent shall pay spousal support to the Applicant in the sum of $3,300.00 per month continuing on the first day of each and every month thereafter until and including December 1, 2011.

Commencing January 1,2012, the Respondent shall pay to the Applicant spousal support in the sum of $3,200.00 per month continuing on the first day of each and every month thereafter until and including December 1, 2010. Commencing January 1, 2013, the Respondent shall pay to the Applicant spousal support in the sum of $3,000.00 per month which payments shall continue on the first day of each and every month thereafter until further Order of this Court. 2 .

IT IS FURTHER ORDERED AND ADJUDGED that the Defendant shall have the option of paying the spousal support payable in accordance with this Order by paying the sum of $2,000.00 per month on the first day of each and every month and deferring the remainder of the support to be paid in full in semi-annual installments as follows:

a) on or before June 30, 2010, a semi-annual installment of $7,000.00;

b) on or before December 31, 2010, a semi-annual installment of $8,400.00;

c) on or before June 30, 2011, a semi-annual installment of $7,800.00;

d) on or before December 31, 2011, a semi-annual installment of $7,800.00;

e) on or before June 30, 2012, a semi-annual installment of $7,200.00;

f) on or before December 31, 2011, a semi-annual installment of $7,200.00;

g) on or before Junc 30, 2013, and the 30 th day of June each and every year thereafter for so long as support remains payable to the Applicant in accordance with the terms of this Judgment, the sum of $6,000.00;

h) on or before December 31, 2013 and the 31 st day of December each and every year thereafter for so long as support remains payable to the Applicant in accordance with the terms of this Judgment, the sum of $6,000.00. 3 . IT IS FURTHER ORDERED AND ADJUDGED that the option to defer support payments is made available to the Respondent to take into consideration that the Respondent’s income is subject to variation during the year due to over time availability. The option granted in this Order to the Respondent to defer a portion of the support to be paid each 6 months shall be available to the Respondent only if:

a) he provides post-dated cheques to the Applicant each year to cover the regular monthly support payable and these cheques are honored by the Respondent’s bank; and

b) he pays the deferred payment to the Applicant on time in accordance with the deferral schedule.

c) In the event that the Applicant registers this Order with the Director of Maintenance Enforcement then the post dated cheques to be paid pursuant to the terms of this Order shall be provided to the Director of Maintenance Enforcement.

In the event that the Respondent makes arrangements with the Director of Maintenance Enforcement to authorize the Director of Maintenance Enforcement to directly debit his bank account to cover the monthly support payments of $2,000.00 and the semi-annual payments, this authorization shall be considered for all purposes equivalent to the Respondent having provided post-dated cheques. 4 .

IT IS FURTHER ORDERED AND ADJUDGED that if there is any change, either upward or downward, in the City of Edmonton cost of living as reflected in the Consumer Price Index (CPT) as published by Statistics Canada which exceeds ten percent (10%), a corresponding adjustment by way of increase or reduction shall be made in the spousal support payments herein. The base year to be used is 2009 and such increased or decreased payments shall commence on the first day of July in the year following the year that the 10% increase or decrease from the base year has occurred. 5 .

IT IS FURTHER ORDERED AND ADJUDGED that the Respondent shall transfer to the Applicant by way of an RRSP spousal rollover as contemplated by the provisions of the Income Tax Act , RRSPs in the sum of $107,428.00. This amount shall be considered in satisfaction of the Applicant’s claims for property division and any retroactive adjustment in spousal support. 6 .

THAT the amounts owing under this Order shall be paid to the Director of Maintenance Enforcement (“MEP”) at 7 th Floor North, 10365 – 97 Street, Edmonton, Alberta, T5J 3W7, (telephone – 780-422-5555), (website www.albertamep.gov.ab.ca ) and shall be enforced by MEP upon the creditor, recipient of support or debtor (payor of the support) registering with MEP. Such enforcement shall continue until the party who registered gives MEP a Notice in writing withdrawing the registration pursuant to

Section 9 of the Maintenance Enforcement Act . 7 . IT IS FURTHER ORDERED AND ADJUDGED that the Applicant is entitled to her costs in this action, which are set in the sum of $18,697.86 inclusive of disbursements.