Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30100
Joanne Leonelli-Contino v. Joseph Contino
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-11-28 | Appeal closed | |
| 2005-11-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-11-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-11-10 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Ontario, Number C39928, dated October 28, 2003, heard on January 14, 2005 is allowed, Fish J. dissenting. The amount of support to be paid by the respondent to the appellant is set at $500 per month. Both parties will bear their own costs throughout. Allowed |
|
| 2005-01-31 | Transcript received, 61 pages | |
| 2005-01-14 | Judgment reserved OR rendered with reasons to follow | |
| 2005-01-14 | Supplemental document, Reasons from CA in Paras v. Paras submitted in Court (13 copies) | Joseph Contino |
| 2005-01-14 | Supplemental document, Reasons of CA in Francis v. Baker submitted in Court (14 copies) | Joanne Leonelli-Contino |
| 2005-01-14 | Respondent's condensed book, Submitted in Court (14 copies) | Joseph Contino |
| 2005-01-14 | Appellant's condensed book, Submitted in Court (14 copies) | Joanne Leonelli-Contino |
| 2005-01-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-01-14 |
Hearing of the appeal, 2005-01-14, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-01-12 | Correspondence received from, Burke-Robertson rec'd Jan. 12, 2005 re: correction to book of authorities (sent to the Judges Jan. 13, 2005) | Joanne Leonelli-Contino |
| 2005-01-05 | Notice of appearance, Thomas G. Bastedo, Q.C. and Samantha Chousky will be present at hearing. | Joseph Contino |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-01-14 Judgment reserved |
|
| 2004-10-29 | Respondent's book of authorities, Completed on: 2004-10-29 | Joseph Contino |
| 2004-10-29 | Respondent's factum, Completed on: 2004-10-29 | Joseph Contino |
| 2004-09-02 | Appeal perfected for hearing | |
| 2004-08-16 | Order on motion to extend time | |
| 2004-08-16 |
Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to Oct. 29/04, Reg Granted |
|
| 2004-08-12 | Submission of motion to extend time, Reg | |
| 2004-08-09 | Response to motion to extend time, Completed on: 2004-08-09 | Joanne Leonelli-Contino |
| 2004-08-09 | Motion to extend time, to file the factum, record and book of authorities to 10/29/04, Completed on: 2004-08-09 | Joseph Contino |
| 2004-07-08 | Appellant's record, (2 vols.), Completed on: 2004-07-08 | Joanne Leonelli-Contino |
| 2004-07-08 | Supplemental document, (book of statutes & regulations) | Joanne Leonelli-Contino |
| 2004-07-08 | Appellant's book of authorities, (2 vols.), Completed on: 2004-07-08 | Joanne Leonelli-Contino |
| 2004-07-08 | Appellant's factum, Completed on: 2004-07-08 | Joanne Leonelli-Contino |
| 2004-04-22 | General proceeding, (respondent is appointing Thomas G. Bastedo as counsel) | Joseph Contino |
| 2004-04-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-04-15 | Notice of appeal, Completed on: 2004-04-15 | Joanne Leonelli-Contino |
| 2004-04-02 | Judgment on leave sent to the parties | |
| 2004-04-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C39928, dated October 28, 2003, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2004-02-02 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-02-02 | Respondent's response on the application for leave to appeal, (Letter Form), from Joseph Contino dated 01/30/04 re: will not be filing a response, Completed on: 2004-02-02 | Joseph Contino |
| 2004-01-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-01-13 | Correspondence received from, Heather Spigelski re: letter from Bastedo Stewart Smith advising they are not representing Mr. Contino in this application. | Joanne Leonelli-Contino |
| 2003-12-24 | Application for leave to appeal, signed 25B recvd fax copyJan13/04 - A/C order recvd Jan21/04 - signed order of C.A. received on June 30, 2004, Completed on: 2004-01-26 | Joanne Leonelli-Contino |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Leonelli-Contino, Joanne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Contino, Joseph | Respondent | Active |
Counsel
Party: Leonelli-Contino, Joanne
Counsel
Susan E. Milne
Gary Joseph
3rd Floor, 90 Adelaide St. W.
Toronto, Ontario
M5H 3V9
Telephone: (416) 971-4802
FAX: (416) 971-9584
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Contino, Joseph
Counsel
Samantha Chousky
180 Dundas Street West
Suite 1800
Toronto, Ontario
M5G 1Z8
Telephone: (416) 595-1916
FAX: (416) 596-7538
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Appellant mother and the Respondent father were married on October 30, 1982 and their only child , Christopher, was born on March 26, 1986. After they separated, they entered into an agreement dated May 25, 1992, that provided for joint custody of Christopher with his daily residence to be with the mother, with free and liberal access to the father. The agreement further provided that the father would pay child support in the amount of $500 per month, subject to an annual cost of living increase. No annual increases were ever paid by the father, and in 1998, the mother applied for the Guideline amount of support. By minutes of settlement signed in July of 1998, the father agreed to pay $563 per month in child support, based on his annual income of $68,712, adjusted annually in accordance with the Guidelines. Again, child support was not adjusted although the father's income rose to $83,527.58 in 1999.
In 2000, the Appellant mother began taking a night course on Tuesday nights and asked if the Respondent would switch nights with her so that Christopher would be with the Respondent on Tuesdays instead of Thursdays. The Respondent stated that he would take Christopher on both days for the duration of the course. As a result of having the additional night each week, in September of 2000, the Respondent requested a reduction in child support based on the s.9 shared custody provisions, but the Appellant refused. In March 2001, the Respondent father applied to vary the amount of child support on the grounds that Christopher was now with him 50 per cent of the time. Both parties filed their 1998, 1999 and 2000 tax returns as well as their respective financial statements. Both parties attributed 50 per cent of their fixed and variable expenses such as mortgage, taxes and groceries to Christopher and claimed additional expenses for him.
The Appellant was self represented on the motion for variation. Support was reduced to $100 per month retroactive to September 2000 with the overpayment repayable at the rate of $50 per month. The Respondent was also awarded his costs fixed in the amount of $3800. The Divisional Court overturned this decision and awarded support in the current Guideline amount of $688 per month retroactive to September 1, 2000. The Court of Appeal set this award aside and ordered child support payable in the amount of $399.61 per month.
Lower court rulings
Ontario Court (Provincial Division)
729/98
See file
Ontario Superior Court of Justice
11373/01
Respondent's motion to reduce child support payments granted; Amount reduced to $100 retroactive to September 2000
Ontario Superior Court of Justice
621/01
Appeal allowed; order set aside; Respondent ordered to pay $688 per month in child support commencing September 1st, 2000
Court of Appeal for Ontario
C39928
Appeal allowed; Divisional Court order set aside; Respondent ordered to pay child support in the amount of $399.61 per month
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available