Endorsement

COURT FILE NO.: FC-05-1813-2
DATE: 20120518
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Chantal Caparelli, Applicant

AND

Pino Caparelli, Respondent

BEFORE: J. Mackinnon J

COUNSEL:
Stephen S. Appotive, for the Applicant
Mark P. Shelston, for the Respondent

HEARD: April 5, 2012

ENDORSEMENT regarding spousal support

[ 1 ] This Endorsement is pursuant to paragraph [41] of the my Endorsement dated April 26, 2012 which provided:

I agree that I should not terminate spousal support on this motion as asked by the Respondent. That issue is one that should be dealt with by the trial judge on a complete record. I agree that the quantum of spousal support payable from 2010 forward should be dealt with on this motion having regard to the very substantial increase in the Applicant’s income. I direct counsel to provide me with SSAG calculations which will reflect the Respondent’s income as $94,548.00 from 2010 forward, the Applicant’s as $63,899.00 from 2010 forward and reflecting the custodial arrangements in place before and after September, 2010. When I receive this, I will issue my ruling on quantum of spousal support commencing January 2010.

[ 2 ] I have received the SSAG calculations from counsel. Having reviewed them, I am persuaded that spousal support should be payable at or near the high end of the range from January 2010 forward. This reflects an appropriate distribution of the parties net disposable income between them having regard to their needs, means and the number of children residing with the each of them at the particular points in time. It also is consistent with the previous reductions in spousal support when considered as a step down order. Accordingly, spousal support is reduced to:

• $112.00 per month from January 1, 2010 to and including August 2010;

• $240.00 per month from September 1, 2010 until further order of the court.

[ 3 ] I leave it to counsel to calculate the overpayment of spousal support, if any, for 2010 giving appropriate regard to the fact that parties included and deducted $800.00 per month for income tax purposes in that year.

[ 4 ] If counsel are unable to agree on costs for the motions heard on April 5, 2012, I will decide the issue by written submissions. The Applicant may deliver her submissions by May 31, 2012, the Respondent by June 14, 2012, and a brief reply, if necessary, by June 19, 2012. These should not exceed two pages in length plus any necessary attachments.

J. Mackinnon J

Date: May 18, 2012

COURT FILE NO.: FC-05-1813-2

ONTARIO SUPERIOR COURT OF JUSTICE RE: Chantal Caparelli, Applicant AND Pino Caparelli, Respondent BEFORE: J. Mackinnon J COUNSEL: Stephen S. Appotive, for the Applicant Mark P. Shelston, for the Respondent ENDORSEMENT J. Mackinnon J

Released: May 18, 2012