MacAulay v Letourneau, 2013 ABQB 682

Court of Queen ’ s Bench of Alberta Citation: MacAulay v Letourneau, 2013 ABQB 682 Date: 20131120 Docket: FL01 10533 Registry: Calgary Between: Leslie MacAulay Applicant - and - Scott Letourneau Respondent _ ________________________________________ ______________ Reasons for Judgment of the Honourable Madam Justice C.A. Kent _________________________________________ ______________ [ 1 ] Ms. MacAulay applies for judgment with respect to debts acquired by herself and Mr. Letourneau during the time that they lived together and which she has paid down since the relationship ended. Ms.

MacAulay commenced this action claiming a declaration that she and Mr. Letourneau each had a 50% interest in the debts and that Mr. Letourneau is liable for 50% of the debts and judgment. Mr. Letourneau was noted in default in 2011 so that this application was made ex-parte. [ 2 ] Ms. MacAulay submitted an affidavit detailing her calculation of the amounts owing. Because some of the claims were not clear to me, Ms. MacAulay attended before me and was sworn so that she could give additional information in the claims.

On one claim where she needed time to determine how the amount was calculated, I adjourned the hearing so that her lawyer could submit further information. That evidence came to me in a letter dated October 3, 2013.

[ 3 ] Based upon the evidence provided, I make the following rulings:

a) Household items – Ms. MacAulay claims $7,464.38. This includes many small items. Household items very rarely retain a value anywhere near to the purchase price. As well, there is no evidence about how some of the goods were purchased. If they were purchased on joint accounts, Ms. MacAulay may not be entitled to the full amount. I will set this at $1,000.00;

b) Payments on the TD Line of Credit - $908.16;

c) Consolidation of Line of Credit with house mortgage - $25,384.78;

d) Interest on house mortgage attributable to Line of Credit - $2,966.62 and $1,084.99;

e) BMO Joint Card - $4,764,66;

f) TD Joint Account Overdraft - I conclude that Ms. MacAulay may have included some interest that would be properly owing by her because she was responsible for $600.00 of the overdraft. The amount is small and would be very difficult to calculate. I will reduce this amount by $100.00 to $2,213.20.

g) Servicing cost of Joint debts - $5,295.56 h) 2012 TD Loan - $5,980.00 principal and $1,614.44 in interest. As support for this claim paragraph 54(

m) includes the words “Joint Bank Account Overdraft”. Those words should not be in there because the joint bank account overdraft is dealt with above. Because the amounts in paragraph 54 do not appear to include anything from the overdraft, I assume this is only an error in wording. [ 4 ] Ms. MacAulay also seeks solicitor client costs in the sum of $15,767.00 on the basis that she needed to do a large amount of accounting to prepare for this application. In my view, that is not a reason to award solicitor/client costs. Had this gone to trial and had Ms.

MacAulay had the same success, she would only receive party/party costs. She will receive one set of party/party costs in the appropriate column. Heard on the 1 st day of October, 2013. Dated at the City of Calgary, Alberta this 20 th day of November, 2013. C.A. Kent J.C.Q.B.A. Appearances: Saarah Shivji Dunphy Best Blocksom LLP for the Applicant