Sarah Maria Giamberardino

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.

The applicant sought that parties bear their own costs, while the respondent sought over $237,000 in costs for a bifurcated parenting trial.

The court, applying the Family Law Rules, found the respondent to be the more successful party at trial.

While acknowledging the applicant's limited means, the court awarded the respondent $104,662 in costs, comprising fees for two law firms and costs thrown away from a prior adjournment, but significantly reduced the amount sought due to excessive billing and the partial success of the respondent's offer to settle.

The applicant father sought to increase his parenting time, which had been temporarily limited.

The respondent mother opposed this, citing allegations of sexual impropriety and procedural issues, and sought to maintain the status quo until trial.

A section 30 assessment by Dr. Horvath did not substantiate the sexual abuse allegations and recommended a gradual increase in the father's parenting time.

The court found that the allegations of sexual abuse were not proven and that delaying parenting changes in high-conflict cases is not always appropriate.

The court ordered a temporary, gradual increase in the father's parenting time, incorporating most of the assessor's recommendations, and set a timetable for trial and costs submissions.