Sue Paterson

This decision addresses costs following the dismissal of Mario Andriano's motion to change child support and rescind arrears.

Pasqualina Scarola and the Ministry of Community and Social Services/York Region Social Services sought costs.

The court found Mario Andriano to be the unsuccessful party and rejected his allegations of unreasonable litigation conduct against Scarola.

Scarola's offer to settle, which was bettered at trial, entitled her to full recovery costs.

The Ministry and Region were also awarded costs.

The moving party father brought a motion to change a 2015 final order that imputed his income at $70,000 and ordered child support.

He argued that his relapse into daily drug use and subsequent driver's license suspension constituted a material change in circumstances.

The court dismissed the motion, finding the father's evidence regarding his income and drug use unreliable, and concluding that his license suspension was a self-induced consequence of failing to pay child support.

The court also added the father's unpaid share of orthodontic expenses to his child support arrears, fixing total arrears at $48,024.

The applicant husband initiated a divorce but abandoned it after failing to prove child support arrangements.

The respondent wife filed an answer claiming retroactive child and spousal support, equalization, and a vesting order for the matrimonial home.

The husband was in default.

The court found the husband had hidden his income while working in the Middle East and imputed his income at $281,195.

The court set aside the spousal support release in the parties' separation agreement due to a fundamental flaw in negotiations and the husband's financial manipulation.

The court awarded retroactive child and spousal support totaling $156,873 and granted a vesting order transferring the husband's interest in the matrimonial home to the wife to satisfy the arrears.