ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: D23037/11
DATE: 2012-04-02

B E T W E E N:

Laurie Calaguiro

Chris Young, for the Applicant

Applicant

• and -

Albert Calaguiro

Kenneth Garland, for the Respondent

Respondent

The Honourable Justice C. A. Tucker

DECISION ON COSTS

[ 1 ] The respondent seeks costs of $5,275.10 for a motion which took less than two hours to argue. The applicant also seeks her costs of the motion in the amount of $4,124.81.

[ 2 ] The only issue was the quantum of child support given the claimed reduced income of the respondent payor. The applicant wished the previous income of the respondent to be used, and the respondent sought to have his present income used as the basis for child support. The applicant’s position would have resulted in the respondent having substantial arrears. I found on a temporary basis that the respondent’s position should prevail but made the order only until May when the matter should be returned to court for any necessary adjustment to quantum.

[ 3 ] There is no offer to settle relevant to my decision on costs. Obviously, child support is very important to the parties. To a certain extent the position of the respondent was novel as in most cases, for practical purposes, prior years’ income is the basis for present child support. However, the respondent’s case law supported his position and he was at least on an interim basis successful. As such, he is entitled to costs. Given that this was a motion taking less than half a day and dealing only with child support, I order that the applicant pay the respondent $1,500.00 inclusive of disbursements and HST.

Tucker, J.

Released: April 2, 2012

COURT FILE NO.: D23037/11
DATE: 2012-04-02

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Laurie Calaguiro Applicant - and – Albert Calaguiro Respondent DECISION ON COSTS Tucker, J.

Released: April 2, 2012