Punzo v. Punzo

Punzo v. Punzo

The Court quashed the cost order made on the motion below and remitted the question of costs back to the motion judge to be decided in her discretion; previously the Court had remitted the matter to the motion judge to determine whether a retroactive change in support is warranted, its quantum and the date of...

Source-derived case information.

Citation
2017 ONCA 83
Parties
Applicant (appellant): Viviana Punzo; Respondent (respondent on Appeal): Emanuele Punzo
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
30 January 2017
Procedural Posture
Family / Appeal to Court of Appeal; Matter Remitted to Motion Judge for Determination of Retroactive Support; Addendum Addressing Costs Order on Motion Below
Outcome
Cost order on the motion below quashed; costs of that motion remitted to the motion judge in her discretion; matter remitted to the motion judge to determine retroactive change in support, its quantum and date; costs of the appeal awarded to the appellant.
Legal Topics
Retroactive Change in Support, Quantum and Date of Retroactive Support, Costs on Motions, Remittal to Motion Judge, Appellate Review of Cost Orders
Source Language
english
Family Law Costs Spousal Support Retroactive Change in Support Quantum and Date of Retroactive Support Costs on Motions Remittal to Motion Judge Appellate Review of Cost Orders

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Summary, issues, holding and outcome

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Parties

Viviana Punzo

Applicant (appellant)

Emanuele Punzo

Respondent (respondent on Appeal)

Procedural Posture

Family / Appeal to Court of Appeal; Matter Remitted to Motion Judge for Determination of Retroactive Support; Addendum Addressing Costs Order on Motion Below

Legal Issues

  1. 1 Whether a retroactive change in support is warranted and, if so, the quantum and the date of retroactivity
  2. 2 Whether the cost order made on the motion below should be quashed and remitted to the motion judge in her discretion
  3. 3 Whether the appellate court should address a costs claim raised in the Notice of Appeal but not argued at the hearing

Ratio Decidendi

The Court quashed the cost order made on the motion below and remitted the question of costs back to the motion judge to be decided in her discretion; previously the Court had remitted the matter to the motion judge to determine whether a retroactive change in support is warranted, its quantum and the date of retroactivity, and had awarded costs of the appeal to the appellant.

Court Disposition

Cost order on the motion below quashed; costs of that motion remitted to the motion judge in her discretion; matter remitted to the motion judge to determine retroactive change in support, its quantum and date; costs of the appeal awarded to the appellant.

Orders

  • The cost order on the motion below is quashed.
  • Costs of that motion are remitted back to the motion judge in her discretion.