Court of Appeal for Ontario

Citation: Gray v. Rizzi, 2016 ONCA 290

Date: 2016-04-27

Docket: C59047

Before: Sharpe, Brown and Miller JJ.A.

Between

Nadine Ellen Gray

Applicant (Appellant/ Respondent by way of cross-appeal)

and

Mario Rizzi

Respondent (Respondent/ Appellant by way of cross-appeal)

Counsel:

Cheryl Goldhart and Maneesha Mehra, for the appellant/ respondent by way of cross-appeal

Peter B. Cozzi, for the respondent/appellant by way of cross-appeal

Heard: December 18, 2015

On appeal from the order of Justice Lydia M. Olah of the Superior Court of Justice, dated June 10, 2014.

ENDORSEMENT

[1] In our reasons released February 25, 2016, reported at 2016 ONCA 152, we directed that in the event the parties could not agree on the precise amounts of child and spousal support arrears that resulted from our decision, the parties should submit a brief joint submission setting out their respective calculations. We are disappointed that counsel failed to discuss their respective calculations with each other. Instead, the parties filed separate submissions that differed significantly in their calculation of arrears.

[2] Having reviewed the parties’ submissions, we conclude that the calculations filed on behalf of Nadine came closer to reflecting the determinations made in our decision. Accordingly, we order that the Variation Order dated June 10, 2014, be varied as follows:

(i) The total spousal support owed by the respondent, Mario Rizzi, from August 2002 until January 1, 2012, amounts to $324,762.00, exclusive of interest;

(ii) The total child support owed by the respondent, Mario Rizzi, from August 2002, until December 31, 2013, amounts to $212,600, exclusive of interest.

[3] In her submissions, Nadine advised that she is prepared to give Mario credit for support payments and garnishments of $272,544.90. According to the chart accompanying her submissions, that amount includes payments made by Mario in 2014 and 2015. When limited to the period August, 2002 until December 31, 2013, Nadine’s concession amounts to payments totalling $259,508.19. Given that concession, we amend para. 67 of our reasons to read that from 2002 until the end of 2013, Mario made total support contributions of $259,508.19.

[4] Consequently, as at December 31, 2013, the amount of spousal and child support due and owing by Mario to Nadine totaled $277,853.81, exclusive of interest.

"Robert J. Sharpe J.A."

"David Brown J.A."

"B.W. Miller J.A."