COURT FILE NO.: FS-15-83185-01
DATE: 2020 05 28
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Maria Francesca Mauro Applicant
v.
Antonio Mauro Respondent
BEFORE: Bloom, J.
COUNSEL: Monika Goyal, agent for the Respondent, the Moving Party
Mark Trenholme, counsel for the Applicant, the Responding Party
HEARD: May 27, 2020
E N D O R S E M E N T
[1] The Respondent moves for an interim variation of the interim order of Justice Price of this court dated May 9, 2017. He also seeks to terminate on a final basis child support going forward for the child Frank Anthony Mauro, born June 21, 1999, on the basis that he is no longer a "child of the marriage" within the Divorce Act. With respect to the motion to vary Justice Price's order on an interim basis, the Respondent seeks to terminate on a temporary basis by reason of his inability to work for medical reasons his ongoing spousal support and his arrears of child and spousal support.
[2] On the basis of the consent of the parties I order that the ongoing child support for Frank Anthony Mauro be terminated on a final basis as of May 27, 2020, since he is no longer a "child of the marriage" within the Divorce Act which applies to this matter.
[3] I dismiss the motion to vary the order of Justice Price as to ongoing and arrears of spousal support and arrears of child support, without prejudice to the Respondent's right to bring on a motion for that relief on any basis permitted by the provincial and Central West Notices to the Profession applicable during the Covid-19 pandemic. The parties agreed that the medical evidence provided by the Respondent regarding his alleged inability to work needed to be supplemented, including respecting the causes of his inability to work and when that inability commenced.
[4] Further, on consent of the parties I order that within 30 days of May 27, 2020 each party provide to the other an updated financial statement together with copies of bank statements since January 1, 2016 and copies of federal income tax returns and notices of assessment for the years 2016, 2017, and 2018.
[5] Lastly, I order that costs of the motion heard by me be reserved to the trial judge.
Justice Ivan Bloom
DATE: May 28, 2020
COURT FILE NO.: FS-15-83185-01
DATE: 2020 05 28
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Maria Francesca Mauro v. Antonio Mauro
BEFORE: Bloom, J.
COUNSEL: Monika Goyal, agent for the Respondent, the Moving Party
Mark Trenholme, counsel for the Applicant, the Responding Party
ENDORSEMENT
Bloom, J.
DATE: May 28, 2020