Claim: Breach of Contract

[asmith]

My ex and I had a separation agreement completed and sign by both of us and our lawyers. We had also signed the Transfer of Land into my hands. We settled on an agreed $9000 would be her share of the equity for the marital home. Unfortunately, the were mistakes on the Transfer of Land form which required us to re-sign and submit.

So my ex has informed me that she is refusing to re-sign a Transfer of Land again because she feels she is entitled to more money, speaking specially to the equity. I have paid her a documented $9,000 to her since our separation ($2000 upon her leaving, $7000 upon are separation agreement, and random smaller payments ranging in $50-$100) totaling close to $10,000. The sum was requested by her and I agreed as it seemed to be approximately her share of the equity earned from the house less lawyer fees, realtor fees, and renovations made to sell our home. In the papers it on page 3 (b) it states the following: "That the Wife shall release her interest in the Homestead and her equitable interest in the Marital Home as she has been paid an agreed upon amount of $2000.00 which was paid to her in August of 2011 prior to the signing of the Agreement". But after discussion we determined this was not enough and created another promissory note for an additional $7000 to be paid to her. The separation agreement then further states 3 (c) That the Wife shall execute a Transfer of Land in favor of the Husband and any other documents necessary to complete the transfer.

The separation agreement is signed, however, now she will not re-sign the Transfer of Land. I am in the process of selling the home, but cannot do anything until that document is done correctly.

She insists that more money is owed to her. She uses that children as a pawns to demand more. I should note that we have 50/50 shared custody and currently earn the same income (to my knowledge, however she refuses to send me her income tax return to confirm, which I have sent her mine. So I cannot confirm definitively) Based on provincial guidelines, no child support is owed. And during the first few months of our separation the children lived with me and she visited with them only twice a week with no over night visits (all choices she had made), so no back pay is required either.

What can I do? In one document she releases her self from the martial home, and now that the documentation that is required to do was filed incorrectly she is refusing to resign. Any advice?

[standing on the sidelines]

She hasnt really got a choice in the matter. Its not your fault or her fault that the documents have to be resubmitted due to an error. You gave her the money in good faith that she would sign the transfer.

[asmith]

So what actions can I take at this time? I am trying to avoid further legal fees, so if this is something I can do on my own, I would rather take that route.

[Mess]

Child Support Guidelines Section 25

Continuing obligation to provide income information


25. (1) Every spouse against whom a child support order has been made must, on the written request of the other spouse or the order assignee, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, provide that other spouse or the order assignee with

• (a) the documents referred to in subsection 21(1) for any of the three most recent taxation years for which the spouse has not previously provided the documents;
• (b) as applicable, any current information, in writing, about the status of any expenses included in the order pursuant to subsection 7(1); and
• (c) as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship.

Below minimum income

(2) Where a court has determined that the spouse against whom a child support order is sought does not have to pay child support because his or her income level is below the minimum amount required for application of the tables, that spouse must, on the written request of the other spouse, not more than once a year after the determination and as long as the child is a child within the meaning of these Guidelines, provide the other spouse with the documents referred to in subsection 21(1) for any of the three most recent taxation years for which the spouse has not previously provided the documents.
Obligation of receiving spouse

(3) Where the income information of the spouse in favour of whom a child support order is made is used to determine the amount of the order, the spouse must, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, on the written request of the other spouse, provide the other spouse with the documents and information referred to in subsection (1).
Information requests

(4) Where a spouse or an order assignee requests information from the other spouse under any of subsections (1) to (3) and the income information of the requesting spouse is used to determine the amount of the child support order, the requesting spouse or order assignee must include the documents and information referred to in subsection (1) with the request.
Time limit

(5) A spouse who receives a request made under any of subsections (1) to (3) must provide the required documents within 30 days after the request’s receipt if the spouse resides in Canada or the United States and within 60 days after the request’s receipt if the spouse resides elsewhere.
Deemed receipt

(6) A request made under any of subsections (1) to (3) is deemed to have been received 10 days after it is sent.
Failure to comply


(7) A court may, on application by either spouse or an order assignee, where the other spouse has failed to comply with any of subsections (1) to (3)

• (a) consider the other spouse to be in contempt of court and award costs in favour of the applicant up to an amount that fully compensates the applicant for all costs incurred in the proceedings; or
• (b) make an order requiring the other spouse to provide the required documents to the court, as well as to the spouse or order assignee, as the case may be.

Unenforceable provision


(8) A provision in a judgment, order or agreement purporting to limit a spouse’s obligation to provide documents under this section is unenforceable.

• SOR/97-563, s. 3(E).

• She must provide you with disclosure of income within 30 days of your request. Send her a formal registered letter, along with a duplicate by email. Print out the email and the delivery info of the letter, to swear an affidavit. When you write the letter, note the legislation that requires her to respond. If she doesn't respond, you have to follow up with a motion or you look like a door mat and she will continue to walk over you.

Also file a motion requiring her to abide by the terms of the separation agreement regarding the title change.

She may want to dispute and reopen it, let her. She will have to show solid reasons.

[asmith]

Great this is all very helpful thanks for your guidance. Is this something that I can just head over to the law courts and request to "file a motion"?

[OrleansLawyer]

You can file the separation agreement with the court. Form 26.

This gives you the same rights of enforcement as if the agreement was made as a court Order. Have a lawyer send her a letter informing her that it has been filed with the court and failure to comply will result in an urgent motion being brought to dispense with her signatures and you will be asking for full indemnification of costs. This should spook her into signing it. Or, in the alternative, follow through and get costs for the motion.