Mancuso v. Mancuso

Mancuso v. Mancuso

The Court declined to disturb the trial judge's discretionary findings regarding inclusion of the matrimonial home and the access order; it fixed the equalization payment by agreement at $64,000, affirmed spousal support at $500/month to and including September 1, 2006, ordered a SDO for ongoing support (child...

Source-derived case information.

Citation
C40738, M31918
Parties
Applicant/appellant/responding Party: Antonio Santo Mancuso; Respondent/moving Party: Jean Elaine Mancuso
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
29 November 2004
Procedural Posture
Family / Appeal to Court of Appeal From Superior Court of Justice Order Dated September 12, 2003
Outcome
Appeal partly allowed in part and otherwise dismissed; trial judge's discretionary orders largely upheld and quantum/costs adjusted by the Court of Appeal.
Legal Topics
Equalization Payment, Matrimonial Home Characterization, Spousal Support Quantum and Duration, Child Support and Enforcement (sdo), Access Schedule, Costs Assessment and Offers to Settle
Source Language
english
Family Law Property Division Spousal Support Child Support Access/custody Costs Equalization Payment Matrimonial Home Characterization +4 more

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Parties

Antonio Santo Mancuso

Applicant/appellant/responding Party

Jean Elaine Mancuso

Respondent/moving Party

Procedural Posture

Family / Appeal to Court of Appeal From Superior Court of Justice Order Dated September 12, 2003

Legal Issues

  1. 1 Whether the matrimonial home could be brought into family property and equalization ordered
  2. 2 Quantification of the equalization payment and the trial judge's refusal to quantify
  3. 3 Appropriate quantum and duration of spousal support

Ratio Decidendi

The Court declined to disturb the trial judge's discretionary findings regarding inclusion of the matrimonial home and the access order; it fixed the equalization payment by agreement at $64,000, affirmed spousal support at $500/month to and including September 1, 2006, ordered a SDO for ongoing support (child $830/month and spousal $500/month), varied trial costs to $32,000 inclusive and awarded $10,000 for costs of the appeal; the motion to dismiss/adjourn was rendered unnecessary by the parties' agreement.

Court Disposition

Appeal partly allowed in part and otherwise dismissed; trial judge's discretionary orders largely upheld and quantum/costs adjusted by the Court of Appeal.

Orders

  • Equalization payment fixed at $64,000 (being $89,000 less credit of $25,000), deemed effective from date of trial judge's order; if sale of matrimonial home required, reasonable costs of disposition deductible by Mr. Mancuso.
  • Spousal support: $500 per month from October 1, 2003 to and including the payment for September 1, 2006.