Benevento v. Benevento

CITATION: 2015 ONSC 7655

COURT FILE NO.: D24480/14

DATE: 2015-12-07

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Brenna Lynne Benevento, Applicant

AND: Robert Benevento, Respondent

BEFORE: Mr Justice Ramsay

COUNSEL: Ms. P. Mahdi for the Applicant; Mr Luigi De Lisio for the Respondent

ENDORSEMENT

[1] The Applicant asks for $70,000 costs. My decision at trial is reported at 2015 ONSC 6707.

[2] The only previous step on which costs were reserved to me, as far as I can tell from the endorsements, is the settlement conference conducted by Maddalena J. on July 21 and September 11, 2015. Accordingly I award the costs of that conference and the trial.

[3] The Applicant was entirely successful. The costs were increased by the Respondent’s reluctant disclosure and his ever-changing position on equalization.

[4] I think that in the circumstances $45,000 would reasonably have been contemplated, and I order the Respondent to pay that amount forthwith. Half of this amount shall be enforceable as child support or spousal support. In any event, any amount owing should be deducted from the Respondent’s share of the proceeds of the matrimonial home.

J.A. Ramsay J.

Date: 2015-12-07