Sutherland v. Lalonde, 2013 ABQB 183

Court of Queen ’ s Bench of Alberta Citation: Sutherland v. Lalonde, 2013 ABQB 183 Date: 20130321 Docket: 4801 143991 Registry: Calgary Between: Teresa Anne Sutherland Plaintiff - and - Sylvain Maurice Lalonde Defendant _______________________________________________________ Reasons for Judgment of the Honourable Madam Justice S.L.

Martin _______________________________________________________ [ 1 ] A finalization is required concerning what the parties owe to each other based on my oral judgement delivered February 27, 2013. [ 2 ] There has been some confusion arising from the fact that the remortgage of the matrimonial home generated $60,000. The home and now increased mortgage is to be retained by Ms. Sutherland. There was a court order freezing this $60,000 and the only amounts that were permitted to be paid out from this fund were the amounts owed by Mr. Lalonde in respect of child support obligations.

By the time of trial $24,567 had been paid to Ms. Sutherland to meet Mr. Lalonde’s then existing child support obligations from the trust monies.

[ 3 ] There are multiple ways to calculate the ultimate amounts owing but they result in the same overall allocation. It may be preferable, and is certainly easier to simply place the full $60,000 as an asset to Ms. Sutherland and I do this now.( The notional allocation of $30,000 to each, with the full mortgage to Ms. Sutherland appears to have led to some mathematical difficulties.) Doing it this way, Ms. Sutherland owes Mr.

Lalonde $44,970 as an equalization payment. (He received $13,208 when he was entitled to $58,178.) A revised Appendix is attached to this judgment to capture this approach. [ 4 ] However, Mr. Lalonde owes Ms. Sutherland $24,567 based on child support calculations at the time, s.3 child arrears of $11,576, and $6,044 for trailer loan payments. His debt to her is $42,187. The difference of $2,783. [ 5 ] The parties have not spoken to costs. In my view $2783 is the minimum appropriate amount to grant as costs to Ms. Sutherland and such an award nets out any equalization.

If the parties wish to speak to costs, they may appear before me if the above approach is not acceptable to them. Based on this approach, if Ms Sutherland receives the remaining monies in the trust account the parties have effectively divided their assets, dealt fully with child support until the time of trial and costs of the trial. [ 6 ] Mr. Lalonde owes child support from the time of trial at the income imputed and s. 7 expenses in their relative proportion. As there are no funds remaining in the trust account against which such funds are to be paid a Maintenance Enforcement order is required.

Heard on the 27 th day of February, 2013. Dated at the City of Calgary, Alberta this 21 st day of March, 2013. S.L. Martin J.C.Q.B.A. Appearances: Alan G. Maitland, Q.C. for the Plaintiff Sylvain M. Lalonde for himself

Appendix 1 Finalization until Time of Trial Sutherland v. Lalonde in dollars ASSETS DESCRIPTION SYLVAIN TERESA House $290,000 Jeep $1,400 1999 Dodge Ram $6,000 2006 Ford 150 $8,600 Holiday Trailer $21,000 Boat $25,000 Teresa’s RSPs $10,000 TD Infinity Account (March 2010) $6,269 RBC Savings Account (1290) ($252) RBC Savings Account (7784) $595 Insurance Policy $13,000 Household Items $3,000 $10,000 Sylvain’s Power Tools $3,000 Money held in trust ($60,000) $60,000 Total Assets $85,869 $371,743 TOTAL COMBINED ASSETS $457,612 LIABILITIES

DESCRIPTION SYLVAIN TERESA TD Mortgage $237,309 Pilgrim Trailer Loan $21,190 Speedboat Loan $33,572 Boat Repairs (Paid) $11,000 Teresa’s Line of Credit used for family $19,000 Teresa’s Student Loan $3,201 Revenue Canada debt $6,899 Total Liabilities $72,661 $259,510 TOTAL COMBINED LIABILITIES $332,171 TERESA ’S EXEMPTION -$9,112 Total Asset Equity $125,468 DISTRIBUTABLE EQUITY TOTAL $116,356 Each Party’s Share (50%) $58,178 Gross Equalization owed to Mr. Lalonde subject to deductions for child support, trailer payment and costs $44,970 Net Equalization: Zero