Court File and Parties

COURT FILE NO.: CV-22-0665 DATE: 2024-12-09 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ROSANNA DI FRANGIA, Applicant AND: MAURIZIO CAMPOLUCCI, LIVIA CAMPOLUCCI, THE PUBLIC GUARDIAN AND TRUSTEE, Respondents

BEFORE: Justice C. Conlan

COUNSEL: R. Avery Zeidman, for the Applicant Maurizio Campoluccio, self-represented Sarah Jones, for The Public Guardian and Trustee

Costs Endorsement

[1] By Endorsement dated October 4, 2024, this Court decided the within Application in favour of Ms. Rosanna Di Frangia (“Rosanna”). She and the Respondent, Mr. Maurizio Campolucci (“Maurizio”) were embroiled in a dispute as to who should be the guardian of their mother’s property. Rosanna proposed that it be her alone. Maurizio suggested that it be both parties jointly. This Court agreed with Rosanna.

[2] The parties have been unable to settle the issue of costs of the Application commenced by Rosanna. Rosanna’s counsel filed written submissions on costs, as per the Court’s direction. Maurizio has not filed any submissions on costs. The deadline for filing has passed (they were due before the end of November 2024).

[3] Notwithstanding that Maurizio filed no submissions on costs, this Court must still analyze carefully the submissions made on behalf of Rosanna. She is certainly entitled to some costs, being the successful party in the proceeding, however, the appropriate scale of costs must be determined (Rosanna is asking for full recovery of her costs), and the quantum must be decided (Rosanna is asking for a total of $136,362.66). Although Maurizio has elected not to participate, this Court has a duty to ensure that the award of costs is fair, just, reasonable, and proportionate, and that it meets the modern objectives of a costs order – to at least partially indemnify successful litigants, and to encourage settlement, and to discourage bad faith or inappropriate conduct on the part of litigants.

[4] On the degree of success, Rosanna was entirely successful on the Application.

[5] With regard to efforts to settle the matter, I am not aware of any significant efforts on the part of Maurizio, while I know that Rosanna made a reasonable offer to settle the Application, or alternatively to settle Maurizio’s request to adjourn the Application, way back in March 2024.

[6] In terms of the conduct of the parties, I agree with counsel for Rosanna that Maurizio has acted unreasonably throughout the proceeding. He put forward a position, joint decision-making responsibility for Livia’s property, that held no prospect of success given the acknowledged high level of conflict and distrust between the parties. He failed or refused to comply with the Order of Justice Kurz made on March 28, 2024. He stalled the proceeding being finalized, and that could not have been in the best interests of Livia.

[7] I have reviewed the Costs Outline and the dockets filed by counsel for Rosanna, which materials include dockets from Rosanna’s prior lawyer. There is nothing excessive or unreasonable about the time spent or the hourly rates charged.

[8] This Court orders that Maurizio shall pay costs to Rosanna in the total amount of $100,000.00. Those costs shall be paid in full by the end of January 2025. If the costs are not paid by the time that Maurizio is to receive his share of Livia’s estate, then the outstanding amount shall be paid out of Maurizio’s share of the estate.

[9] The $100,000.00 quantum is not full indemnity, but it represents elevated partial indemnity of about 70% of full recovery, and that is warranted for the reasons stated above.

Justice Conlan Date: December 9, 2024