Court of Appeal for Ontario

Date: 2017-01-30 Docket: C61677

Judges: Feldman, Epstein and Miller JJ.A.

Between

Viviana Punzo Applicant (Appellant)

and

Emanuele Punzo Respondent (Respondent on Appeal)

Counsel

Ron Shulman, for the appellant

Aurelio Pascuzzi, for the respondent

Heard

September 27, 2016

On Appeal

On appeal from the order of Justice Andra Pollak of the Superior Court of Justice, dated December 15, 2015, with reasons reported at 2016 ONSC 6029.

Addendum

[1] In our reasons for judgment dated December 19, 2016, we remitted this matter back to the motion judge for a determination of whether a retroactive change in support is warranted, the quantum of such support, and the date of retroactivity. Costs of the appeal were awarded to the appellant, Ms. Punzo.

[2] After the release of the reasons, counsel for the appellant wrote to the court seeking a ruling on costs that had been awarded to the respondent on the motion below. Although the appellant had requested that relief in the Notice of Appeal, the matter was not addressed in submissions and we did not address it in our reasons.

[3] Having now reviewed written submissions from both parties, we order as follows. The cost order on the motion below is quashed. Costs of that motion are remitted back to the motion judge in her discretion.

"K. Feldman J.A."

"Gloria Epstein J.A."

"B.W. Miller J.A."