Court of Appeal for Ontario
Date: 2017-09-05 Docket: C60425
Judges: Simmons, LaForme and Pardu JJA.
Between
Pamela Louise Slongo Applicant (Appellant)
and
Christopher Ronald Slongo Respondent (Respondent)
Counsel
Paul C. Buttigieg and Robert A. Fernandes, for the appellant
Herschel I. Fogelman and Erin L. Chaiton-Murray, for the respondent
Costs Endorsement
[1] We allowed the wife's appeal in part from the trial judge's decision on a change motion. We increased the additional spousal support awarded by the trial judge due to the husband's early retirement and lump sum pension payout and other changed circumstances. We dismissed the wife's appeal challenging the denial of ongoing child support. We awarded costs of the appeal to the wife in a reduced amount, given that success on appeal was divided. The parties have been unable to agree on the trial costs. This endorsement addresses those costs.
[2] Both parties claim that they submitted an offer to settle before trial (and, in the wife's case, after trial) that is equal to or better than the result achieved on appeal in relation to spousal support. In our view, both claims are speculative. The parties' offers were structured differently than this court's order and differently than each other. Given the terms of this court's order and the terms of the offers, whether the amount payable for spousal support under any offer will equal or exceed the amount awarded on appeal depends on various factors. These include how long the parties live, whether and when the husband chooses to fully retire and discontinue consulting work, and how much the husband earns while continuing to do consulting work. In the face of these variables, neither party can demonstrate that they submitted an offer that is equal to or better than the result achieved on appeal.
[3] Overall, the wife succeeded at trial in establishing a material change in circumstances and in her claim for increased spousal support. At the same time, she was unsuccessful in her claim for ongoing child support. Given the relative financial significance of these issues, and the increased spousal support awarded to the wife on appeal, we set aside the trial judge's award of trial costs to the husband. We substitute an award of trial costs to the wife on a partial indemnity scale fixed in the amount of $20,000 inclusive of disbursements and applicable taxes.
"Janet Simmons J.A."
"H.S. LaForme J.A."
"G. Pardu J.A."



