Leckie v Legacy, 2017 ABQB 646

Court of Queen’s Bench of Alberta Citation: Leckie v Legacy, 2017 ABQB 646 Date: 20171025 Docket: 4803 168904 Registry: Edmonton Between: Michelle Leckie Plaintiff/Respondent - and - Michael William Legacy Defendant/Applicant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Douglas R. Mah _______________________________________________________ Background [ 1 ] At the conclusion of the hearing on August 18, 2017 I indicated to the parties that I would deal with Mr. Legacy’s remaining two financial issues in writing. Those issues are: • Whether Mr.

Legacy should get some sort of credit or recognition for payments totalling $6400 made to Ms. Leckie before June 2015 ostensibly for spousal support; and • Whether Mr. Legacy should get some sort of credit or recognition for a $2500 uncharacterized payment made by him to Ms. Leckie under a June 23, 2015 Order by Bast J.

[ 2 ] Both Mr. Legacy and counsel for Ms. Leckie provided further written submissions. I also reviewed the rather extensive Court file in order to discern the history of these issues, which I recount as follows: • The parties separated on May 25, 2014 following some eight years of cohabitation and marriage. A mobility application and the matters of custody, access and child support (both s 3 and s 7) in respect of the three children were dealt with during the August 18, 2017 hearing before me. • During the period between the date of separation and June 2015, Mr. Legacy made payments to Ms.

Leckie in total of $6400 toward spousal support. This is related in Ms. Leckie’s affidavit supporting her June 23, 2015 application for spousal support retroactive to June 1, 2014. At this time, the only Court Order in effect was a December 15, 2014 Order of Yungwirth J, which among other things, specifically reserved the matter of spousal support. • On June 23, 2015, Bast J ordered Mr. Legacy to make an uncharacterized payment of $2500 to Ms. Leckie, apparently in anticipation of a spousal support application that was to be heard in full on August 21, 2015.

The Order included the stipulation that the $2500 payment would be characterized on that date. • It does not appear that any application proceeded on August 21, 2015 but on September 8, 2015, Lee J heard a spousal support application from Ms. Leckie. He ordered that prospective spousal support in the sum of $1500 per month be paid from September 1, 2015 to August 1, 2016.

No order was made for any period prior to September 1, 2015 nor was there a characterization of the $2500 payment. • On July 4, 2016, Sanderman J extended the same spousal support for a further period of one year. • In the application before me, I was advised by Ms. Leckie that (for reasons that are not entirely clear) she took a voluntary reduction in the spousal support payments to $1100 for the period March 2016 to August 2016 and had advised the Maintenance Enforcement Program accordingly. [ 3 ] Mr. Legacy contended that Sulyma J in a January 6, 2016 appearance ordered Ms. Leckie to repay the $2500.

I could find no evidence of that in the Court file. In the very least, if not repaid, Mr. Legacy asks me to characterize the $2500 payment. Ms. Leckie asserts that if Mr. Legacy is entitled to a refund of the $2500, then she proposes that the total of $2000 in voluntary reductions in 2016 be set off. For the reasons that follow, it is not necessary for me to deal with the set-off claim. Rulings [ 4 ] Given the events above, I conclude that the payments of $6400 in aggregate between May 25, 2014 and June 1, 2015 were in the nature of spousal support, albeit on a voluntary basis. Ms.

Leckie’s own evidence supports that conclusion and there is no evidence from Mr. Legacy to the contrary. As such, I cannot find that these payments reduce any of Mr. Legacy’s obligations for either child support or spousal support after June 1, 2015. [ 5 ] Since Lee J made a prospective Order for spousal support taking effect as of September 1, 2015, I conclude that the $2500 payment is best characterized as retroactive spousal support for the period June 1, 2015 to August 30, 2015. [ 6 ] I note from examining Ms.

Leckie’s income tax returns for the years 2014 and 2015 that her financial circumstances did not change between the date of separation and the date on which Lee J made the first spousal support Order. Mr. Legacy at all times was the primary wage earner and his income far exceeded hers. It appears to me that she likely would have been awarded retroactive spousal support for the period between the date of separation and the Lee Order had it been pursued. [ 7 ] I make declarations embodying the above rulings. Counsel for Ms. Leckie is directed to prepare the Order. I invoke Rule 9.4(2)(c). Costs [ 8 ] Ms.

Leckie had asked for advanced costs for two reasons: • because of Mr. Legacy’s tendency to repeatedly relitigate decided issues; and • to assist in the completion of divorce proceedings. [ 9 ] I dealt with the first concern by making my Order from the August 18, 2017 hearing non-reviewable for a period of two years, failing another mobility application by one of the parties. I agree that in respect of the second concern, the parties ought to complete their divorce.

However, no detail was provided as to how much in advanced costs would be required for this purpose or what steps remained. [ 10 ] I therefore leave it open to Ms. Leckie to reapply for advanced costs in light of what I have said in the above paragraph. That reapplication may be made to me or another judge. If it is made before me, the parties may do so in writing in order to reduce costs and then I will release a further brief decision. [ 11 ] The parties are also free to contact me with regard to costs of this application if they so wish.

Heard on the 18 th day of August, 2017. Dated at the City of Edmonton, Alberta this 25 th day of October, 2017. Douglas R. Mah J.C.Q.B.A Appearances: Fauza Mohamed Brown Law Group for the Plaintiff/Respondent Michael William Legacy Self-Represented Litigant for the Defendant/Applicant