COURT FILE AND PARTIES

COURT FILE NO.: F1150/00
DATE: December 20, 2012
SUPERIOR COURT OF JUSTICE – ONTARIO
FAMILY COURT

RE: Peter Carmen Pileggi, Applicant

AND:

Patricia (Trish) Anne Pileggi, sometimes known as Patricia Rigley, Respondent

BEFORE: TEMPLETON J.

COUNSEL:
Peter Pileggi in person

Patricia Rigley (formerly known as Patricia Pileggi) in person

HEARD: September 19, 2012 (written submissions re: costs received October 1 and 10, 2012)

ENDORSEMENT

[ 1 ] On July 27, 2012, I released a decision with respect to a Motion by Ms. Rigley to change a final court order dated February 2, 2011.

[ 2 ] The parties were ordered to appear before me on September 19, 2012 to review the issue of residence of the child and attendance at school. These issues were relevant to the question of ongoing child support and it was unclear at the time whether the child would continue living with her mother and/or return to school on a fulltime basis in September.

[ 3 ] When the matter came back before me in September, a dispute arose with respect to Mr. Pileggi’s compliance with my order of July 2012 regarding whether he had made the payments required under the order for the months of July and August 2012.

[ 4 ] I find that Mr. Pileggi owes Ms. Rigley for the full amount ordered in my Endorsement released on July 27, 2012. Unless specifically provided for in a Court order, Mr. Pileggi is not entitled to prorate the amounts ordered to be paid or deduct any expenses paid for or incurred by him for or on behalf of the child. A court order is NOT a “recommendation” to a party. Failure to comply completely and explicitly with all court orders will result in sanctions.

[ 5 ] Each of the parties is seeking costs. Both parties were successful in this litigation to some degree. The issues in this case related solely to child support. They were neither difficult nor complex. I found against both Ms. Rigley and Mr. Pileggi with respect to some of their claims. Neither party had served an Offer to Settle that afforded any greater benefit than was ordered. I find that it was the mistrust and animosity of these parties that energized and drove the litigation, not the complexity of the issues. Costs in these circumstances would not be reasonable or appropriate. Even if I were wrong in this regard, I am satisfied that any ability to pay costs in this case ought to enure to the benefit of the child alone and not to either party.

[ 6 ] For these reasons, further to my order released on July 27, 2012, the provisions and terms of which are fully incorporated into this order, the following is also ordered:

a) Mr. Pileggi will pay $601 per month for the support of the child Kenzie commencing July 1, 2012 and payable on the first day of each month thereafter, on the basis of an annual income of $65,760 and in accordance with the Child Support Guidelines , O. Reg. 391/97 [as amended].

b) Ms. Rigley is to forthwith provide proof that the child Kenzie is registered and attending school on a fulltime basis and every three months thereafter for so long as the child attends school.

c) Forthwith and every three months thereafter, Ms. Rigley is to provide proof of s. 7 expenses for hockey equipment, hockey fees and tutoring expenses incurred by or for Kenzie during the prior three months.

d) On the first day of July 2013 and on the first day of July each year thereafter, the parties will exchange their income tax returns and Notices of Assessment for the purpose of determining their proportion of liability for ongoing s. 7 expenses based on their incomes for the prior year.

e) On the first day of July 2013 and on the first day of July each year thereafter, the parties will exchange their income tax returns and Notices of assessment for the purpose of determining the appropriate amount of child support payable monthly, if any, in accordance with the Child Support Guidelines commencing August 1 and on the basis of Mr. Pileggi’s income for the prior year.

f) Mr. Pileggi is ordered to pay the sum of $415.16 forthwith to Ms. Rigley, being the total amount of the shortfall he failed to pay to Ms. Rigley with respect to the monthly amount of child support for the months of July and August 2012 and $516.62 for the s. 7 expenses.

g) No costs are payable by either party to the other.

Justice L. Templeton

Justice L. Templeton

Date: December 20, 2012