Smyth v Smyth, 2021 ABQB 95
Opinion
Court of Queen’s Bench of Alberta Citation: Smyth v Smyth, 2021 ABQB 95 Date: 20210208 Docket: 4803 184241 Registry: Edmonton Between: Leanne Carol Smyth Plaintiff - and - David John Ernest Smyth Defendant Corrected judgment: A corrigendum was issued on February 11, 2021; the corrections have been made to the text and the corrigendum is appended to this judgment. _______________________________________________________ Endorsement of the Honourable Mr. Justice Douglas R.
Mah _______________________________________________________ [ 1 ] Subsequent to my decision reported at 2021 ABQB 13 , both counsel made written submissions on January 11, 2021 to address possible mathematical errors in the chart found at para 86 of the decision. The chart relates to the calculation of the equalization
payment in this matrimonial property action. In light of those submissions, I conclude that two corrections are necessary because: [ 2 ] First, I deducted the Bank of Hawaii mortgage payments twice ; and [ 3 ] Second, I deducted the renovation costs of the Maui condo when they had not been included in the first place in Ms. Smyth’s calculation of the asset pool. [ 4 ] Consequently, the deductions of $117,713 (the second deduction of the BOH mortgage payments) plus $30,000 (the deduction for the renovations) = $147,713 should be removed from Dr.
Smyth’s column, such that the net assets in his column total $3,081,400 and the correct net matrimonial property amount is $4,147,510. [ 5 ] These corrections make the equalization payment owing by Dr. Smyth to Ms. Smyth as a result of the judgment [$4,147,510 / 2 = $2,073,755 minus Ms. Smyth’s net asset amount of $1,066,110] = $1,007,645. [ 6 ] The judgment previously rendered is amended accordingly under Rule 9.12. Heard by way of written submissions on the 11 th day of January, 2021. Dated at the City of Edmonton, Alberta this 08 th day of February, 2021. Douglas R. Mah J.C.Q.B.A. Appearances: Paul J.
Holubitsky Frohlich Rollins Schwab for the Plaintiff Corinne G. Rothecker Rothecker Law Office for the Defendant _______________________________________________________ Corrigendum of the Endorsement of The Honourable Mr. Justice Douglas R. Mah _______________________________________________________ In Paragraph 4 $247,713 is corrected to $147,713 due to mathematical error. Further adjustments made in Paragraph 4 and 5 to correct this error.
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