Mastrobuono v. Mastrobuono
The appeal was dismissed because there was no basis in the record to interfere with the trial judge's dispositions regarding the matrimonial home, spousal support and child support, which were fair and reasonable; respondent awarded costs of appeal fixed at $20,000 inclusive.
Source-derived case information.
- Citation
- 2007 ONCA 48
- Parties
- Respondent: Nicholas John Mastrobuono; Appellant: Christine Diane Mastrobuono
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 29 January 2007
- Procedural Posture
- Family / Appeal From Judgment (superior Court of Justice, April 7, 2005)
- Outcome
- Appeal dismissed
- Legal Topics
- Matrimonial Home, Spousal Support, Child Support, Equalization, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nicholas John Mastrobuono
Respondent
Christine Diane Mastrobuono
Appellant
Procedural Posture
Family / Appeal From Judgment (superior Court of Justice, April 7, 2005)
Legal Issues
- 1 Disposition of the matrimonial home
- 2 Continuation and quantum of spousal support ($2,500/month)
- 3 Child support for son David
Ratio Decidendi
The appeal was dismissed because there was no basis in the record to interfere with the trial judge's dispositions regarding the matrimonial home, spousal support and child support, which were fair and reasonable; respondent awarded costs of appeal fixed at $20,000 inclusive.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Respondent entitled to costs of the appeal fixed at $20,000 inclusive of disbursements and GST
Full Case Text
Judgment text and source record
1 paragraphs
Mastrobuono v. Mastrobuono Collection Decisions of the Court of Appeal Date 2007-01-29 Neutral citation 2007 ONCA 48 Docket numbers C44179 Judges MacPherson, James C.; Sharpe, Robert J.; Rouleau, Paul S. Subject Family Decision Content CITATION: Mastrobuono v. Mastrobuono, 2007 ONCA 48 DATE: 20070126 DOCKET: C44179 COURT OF APPEAL FOR ONTARIO RE: NICHOLAS JOHN MASTROBUONO (Petitioner/Respondent) – and – CHRISTINE DIANE MASTROBUONO (Respondent/Appellant) BEFORE: MACPHERSON, SHARPE and ROULEAU JJ.A. COUNSEL: Christine Mastrobuono appellant, in‑person Paul R. Beaudet for the respondent HEARD & ENDORSED: January 19, 2007 On appeal from the judgment of Justice J. A. Desotti of the Superior Court of Justice dated April 7, 2005. APPEAL BOOK ENDORSEMENT [1] The appellant appeals from the judgment of Desotti J. with respect to the matrimonial home, spousal support (continuing at $2500 per month) and child support for one son, David. We see no basis for interfering with any of the trial judge’s dispositions which strike us as fair and reasonable on the basis of the record before him. The appeal is dismissed. [2] The parties are agreed that the equalization subsequent to the sale of the matrimonial home is accurately set out in the Respondent’s Book: Net Sale Proceeds and Equalization Calculations, namely husband – $112,305.95, wife – $145,650.21. [3] The respondent is entitled to his costs of the appeal, including costs reserved to this court by Desotti J., fixed at $20,000 inclusive of disbursements and GST.