Christopher Deeble

This decision addresses the costs of the September 2022 trial on financial issues in a family law matter.

The Applicant, Jennifer DeGiorgio, sought $54,140 in costs, while the Respondent, Nicola DeGiorgio, sought $20,000.

The court found Jennifer to be the more successful party at trial, particularly regarding spousal support entitlement and child support arrears.

The court considered the parties' offers to settle and Nicola's unreasonable behaviour concerning financial disclosure and pre-trial spousal support payments.

While finding counsel's rates reasonable, the court reduced the claimed hours due to excessiveness and overlap with other issues.

Ultimately, the court ordered the Respondent to pay the Applicant $45,000 in costs, inclusive of disbursements and HST.

Following a three‑day family law trial resolving issues including equalization of net family property, spousal support, child support, arrears, section 7 expenses, division of Aeroplan points, and proceeds of sale of the matrimonial home, both parties sought full indemnity costs.

Each alleged unreasonable conduct by the other and asserted that their settlement offers had been more favourable than the court’s decision.

The court reviewed the offers and the course of the litigation and found that neither party achieved overall success.

Considering the parties’ limited financial resources and the potential impact of a costs award on funds available for the children, the court concluded that a no‑costs order was appropriate.