JO-ANNE MARIE COUTURE-PRINS APPLICANT AND: MARK SETON PRINS RESPONDENT, 2011 YKSC 11

SUPREME COURT OF YUKON Citation: Couture-Prins v. Prins, 2011 YKSC 11 Date: 20110111 Docket 09-B0076 Registry: Whitehorse BETWEEN: JO-ANNE MARIE COUTURE-PRINS APPLICANT AND: MARK SETON PRINS RESPONDENT Before: Mr. Justice L.F. Gower Appearances: Judith Hartling Mark Prins Counsel for the Director of Maintenance Enforcement Appearing on his own behalf REASONS FOR JUDGMENT DELIVERED FROM THE BENCH [ 1 ] GOWER J. (Oral): I am puzzled in the extreme that Ms. Couture-Prins, in her most recent affidavit, which was sworn January 5th of this year, makes virtually no reference at all to Mr.

Prins’ affidavit, which was dated December 22, 2010, and filed on that date, and a copy has been provided to her. [ 2 ] There is no dispute with any of the allegations that are made by Mr. Prins regarding his income. There is no contradiction or challenging of the amounts of income that he claims to have earned in each of the last three years, which, in 2007, was about $1,800. In 2008, it was just under $7,000, and in 2009, it was back down to about $1,900. Accordingly, I am not satisfied that Mr. Prins has the ability to pay. [ 3 ] There is also the statement in the letter from Dr. Kremer, Ms.

Couture-Prins’ treating physician, a consulting psychiatrist since about 2004, that in his opinion, despite the nature of her mental illness, there was no reason that Ms. Couture-Prins could not have commenced these proceedings to pursue spousal support from Mr. Prins at a much earlier time than she has done. The couple separated in 2004, and yet the notice of application was not sworn by her until December 10, 2009. I am not satisfied that Ms. Couture-Prins pursued this application in a diligent fashion. [ 4 ] The application is dismissed. ________________________________ GOWER J.