Frank Lanza

Following a trial regarding spousal support where success was divided, the parties submitted written submissions on costs.

The respondent sought substantial and full indemnity costs based on an offer to settle, while the applicant argued each party should bear their own costs.

The court found the respondent's offer to settle was ambiguous and that she had not obtained a more favourable result.

Noting the respondent's unreasonable behaviour regarding financial disclosure and the divided success at trial, the court ordered that each party bear their own costs.

The applicant sought to terminate spousal support due to his impending retirement, while the respondent cross-moved for retroactive and increased spousal support.

The court found a material change in circumstances, allowing for a variation of the separation agreement.

Retroactive spousal support from 2015 was denied due to the respondent's delay in seeking variation and non-disclosure of cohabitation.

However, retroactive support was granted from January 1, 2018.

The court recognized the respondent's economic disadvantage from the marriage, warranting compensatory support, and applied the "double dipping" exception from Boston v. Boston.

The applicant was ordered to pay $1700 per month in spousal support from January 1, 2018, until December 31, 2022, based on his income of $95,000.

Each party was ordered to bear their own costs due to divided success.

The father brought a motion to change a final order to reinstate access to his eight-year-old son and terminate a permanent restraining order.

The mother opposed the motion, citing ongoing fear due to the father's history of severe domestic violence, substance abuse, and anger management issues.

The court found that the father had not established a material change in circumstances, as he lacked insight into his behaviour, minimized his past violence, and misled health professionals.

The motion was dismissed in its entirety, and the father was prohibited from bringing further motions without leave of the court.