Arias v. Barbieri

Arias v. Barbieri, CITATION: 2022 ONSC 801

COURT FILE NO.: 1530/19

DATE: February 3, 2022

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Karina Mariel Arias

AND: Santo Barbieri

BEFORE: Mr Justice Ramsay

COUNSEL: Ariel Kirzner for the Applicant; Respondent self-represented

ENDORSEMENT

[1] The Applicant seeks full indemnity in the amount of $18,691.83 for the costs of her successful defence of the Respondent’s motion to cite her for contempt of court. The Applicant offered to settle on the basis of splitting the cost of a parenting coordinator and no order as to costs if settled before December 18 last, or costs in the discretion of the court thereafter. The Respondent, although given the opportunity, has filed no submissions to costs.

[2] This motion was frivolous. It could have been dealt with under Rule 2.1.01 of the Rules of Civil Procedure if it had been brought to the attention of the court. Nothing the Respondent alleged, even if accepted, amounted to contempt of court.

[3] This motion was also brought in bad faith. The Respondent admitted bringing this motion in part to coerce a money payment from the Applicant. He also relied on an alleged failure to deliver children’s items which the parties had settled. It is obvious to me that the motion was brought for the sole purpose of harassing the Applicant without overtly breaching the Respondent’s release on a criminal charge in which the Applicant is the victim.

[4] The Respondent also acted sharply by burying a mis-titled request to admit in an email dump and then attempting to rely on the lack of response.

[5] The bill of costs is reasonable. The motion was made more costly by the Respondent’s insistence on ignoring my evidentiary rulings and trying to bring in evidence in contravention of the trial scheduling endorsement. The Respondent’s original materials were so disorganized that Chappel J. ordered him to re-file. This, too, added to the cost of the motion.

[6] I order the Respondent to pay costs to the Applicant in the amount of $18,691.83 forthwith.

[7] I cannot accede to the Applicant’s request to deem the costs enforceable as support because the motion had nothing to do with support. I accept, however, that the motion was part of a campaign of harassment. Therefore I order that the Respondent shall file no further motions or proceedings against the Applicant and the Registrar shall not accept any such motions or proceedings until this cost order is satisfied.

[8] Counsel for the Applicant may submit a draft order to me for signature through the judicial secretary at Welland without the approval of the Respondent.

J.A. Ramsay J.

Date: 2022-02-03