SMP Law makes it a priority to attempt to settle matters without the need of court interaction. However in situations where court is required for resolution, SMP LAW is fully capable of litigating your legal matter before the court. Some of our best results derive from settlement that cannot be disclosed to the public due to confidentiality clauses. Check out some of SMP Law’s notable results from reported and unreported court cases that are open to the public.

Check out some of SMP Law’s Reported and Unreported Notable Cases.

Gesualdi v. Cope

Court File No. FS-13-35362-01 (Superior Court of Justice, Milton)
Endorsement of Gibson J.; Motion Heard: March 7, 2017; Released: July 20, 2017

  • Successfully argued for the respondent mother’s motion to relocate immediately with the child to Windsor, Ontario, and successfully defended the applicant father’s motion for immediate access; applicant father’s motion was dismissed and ordered supervised access with the child at a supervised access centre in Windsor, Ontario

Crooks v. Crooks – Appeal

2016 CarswellOnt 18201, [2016] W.D.F.L. 6496, [2016] W.D.F.L. 6500, 273 A.C.W.S. (3d) 114 (Donahue J)

  • Successfully argued and was granted leave to appeal costs order of Fitzpatrick, J in Crooks v. Crooks, 2016 CarswellOnt 2157, 2016 ONSC 1113, [2016] W.D.F.L. 1444, 263 A.C.W.S. (3d) 685

    Note: Costs order against husband was eventually set aside in Crooks v. Crooks, 2017 CarswellOnt 5549, 2017 ONSC 2019, [2017] W.D.F.L. 3030, [2017] W.D.F.L. 3044, 278 A.C.W.S. (3d) 565 – Ontario Superior Court of Justice (Divisional Court) (Kitely J., Swinton, J., and M.L.J. Edwards J.)

D’Souza v. D’Souza – Trial

2016 CarswellOnt 1555; 2016 ONSC 776; [2016] W.D.F.L. 2073; [2016] W.D.F.L. 2077; [2016] W.D.F.L. 2108; [2016] W.D.F.L. 2129; [2016] W.D.F.L. 2134; 263 A.C.W.S. (3d) 699 (Barnes J)

  • Obtained an award of sole custody of 3 children in favour of the applicant father in an application to vary final order with respect to custody. Mother granted access only on alternating Saturdays and no overnights.

Gesualdi v. Cope – Trial

2016 CarswellOnt 7495; 2016 ONSC 3086; [2016] W.D.F.L. 3984; [2016] W.D.F.L. 3989; 266 A.C.W.S. (3d) 421 (Gray J)

  • Successfully argued on behalf of the respondent mother that income be attributed to applicant father in the amount of $75,000 per annum

Technique Microsystems Ltd. v. Stobag North America Corporation – Trial

Court File No. SC-14-9030-00 (Small Claims Court, Brampton)
Reasons for Judgment of Latimer D.J.; Released: March 18, 2016

  • Obtained judgment in favour of the plaintiff and recovered the full amount claim in the sum of $8,611.01 plus prejudgment interest; the defendants were also ordered to pay the plaintiff’s costs in the amount of $1,389.54 per Costs Endorsement dated August 23, 2016

Robertson v. Woolley

Court File No. FS-15-882955-00 (Superior Court of Justice, Brampton)
Costs Endorsement of Woollcombe J.; Motion Heard: December 15, 2015; Released: March 31, 2016

  • Obtained costs via written submissions on behalf of the applicant wife; respondent husband was ordered to pay costs of $4,000 to the applicant wife

De Matos v. De Matos – Defence of Summary Judgment Motion

2015 CarswellOnt 10819; 2015 ONSC 4554; [2015] W.D.F.L. 4602; 256 A.C.W.S. (3d) 137 (Fragomeni J)

  • Successfully defended an application by the applicant mother for an order to change location of children’s school, such that the Court found that applicant mother has not met her onus of demonstrating that changing school was in the children’s best interest and ordered that the children remain at their current school

Cabral v. Lourenco

Court File No. FS-12-75246-00 (Superior Court of Justice, Brampton)
Endorsement of Tzimas J.; Motion Heard: October 29, 2015

  • Successfully argued for interim spousal support on behalf of the respondent wife and obtained costs award in the respondent wife’s favour in the amount of $8,000

Robertson v. Woolley

Court File No. FS-15-882955-00 (Superior Court of Justice, Brampton)
Endorsement of Woollcombe J.; Motion Heard: July 24, 2015

  • Successfully argued for interim spousal support in favour of the applicant wife

Robertson v. Woolley

Court File No. FS-15-882955-00 (Superior Court of Justice, Brampton)
Endorsement of Woollcombe J.; Motion Heard: December 15, 2015; Released: December 23, 2015

  • Successfully defended the respondent husband’s motion to vary the interim spousal support order dated July 24, 2015; respondent husband’s motion was dismissed

McFadyen v. Smith, et al.

Court File No. DC-15-24-00 (Divisional Court, Superior Court of Justice, Brampton)
Endorsement of Miller J.; Motion Heard: June 5, 2015

  • Successfully lifted the automatic stay of the Landlord and Tenant Board order and obtained an order requiring the appellant to pay amount of rent in arrears and on-going rent pending the appeal; appellant was also ordered to pay the respondents in appeal’s costs of the motion fixed in the amount of $7,500

McFadyen v. Smith, et al.

Court File No. DC-15-24-00 (Divisional Court, Superior Court of Justice, Brampton)
Endorsement of Emery J.; Motion Heard: June 23, 2015

  • Obtained an order quashing the Notice of Appeal; appellant was also ordered to pay the respondents in appeal’s costs of the motion fixed in the amount of $2,500

McFadyen v. Smith, et al.

Court File No. DC-15-24-00 (Divisional Court, Superior Court of Justice, Brampton)
Endorsement of Gray J.; Motion Heard: September 29, 2015

  • Successfully defended the appellant’s motion to set aside the orders quashing the Notice of Appeal resulting in the dismissal of said motion; appellant was also ordered to pay the respondents in appeal’s costs of the motion fixed in the amount of $5,000

Gajda v. Gajda – Trial

2014 ONSC 2787, Court File No. 35009/12 (Superior Court of Justice, Milton) – Trial
Reasons for Judgment of Trimble J.; Heard: April 22, 23 & 25, 2014; Released: May 5, 2014

  • Successfully argued in favour of the applicant husband such that the Court found the separation date occurred on November 28, 2011, which is consistent with the evidence of the applicant husband, and a result, the Court found that the value of the applicant husband’s business is zero

Gajda v. Gajda

2014 ONSC 3758, Court File No. 35009/12 (Superior Court of Justice, Milton)
Costs Endorsement of Trimble J.; Released: June 19, 2014

  • Obtained costs award of $46,275.31 on behalf of the applicant husband via written costs submissions

Kerr v. Easson – Trial

2013 CarswellOnt 5127, 2013 ONSC 2486, [2013] W.D.F.L. 3794, [2013] O.J. No. 1931, 227 A.C.W.S. (3d) 739 (Gray J)

  • Successfully defended against an application by mother for variation of final order thus preventing the respondent mother move to Bowmanville with the child despite the respondent mother’s purchase of home and intention to move.

Young v. Fogarty – Trial

Court File No. SC-12-00254-00 (Small Claims Court, Owen Sound)
Decision of H.J. Robertson D.J.; Heard: May 1 & 31, 2013

  • Successfully defended against the plaintiff’s claim for the return of monies paid under contract and incidental expenses; the plaintiff’s claim having been dismissed, the plaintiff was ordered to pay costs to the defendant in the amount of $4,823.80 plus HST (being twice the costs awardable on the original claim) and disbursements in the amount of $697.15 inclusive of HST

Accurate Crane & Hoist Services v. Architectural Precast Systems Limited, et al. – Trial

Court File No. SC-10-25695-00 (Small Claims Court, Newmarket)
Endorsement Record/Order of the Court dated May 8, 2012

  • Obtained judgment in favour of the plaintiff in the sum of $25,000 plus interest at 8% per annum with costs award in the amount of $3,740; successfully defended the defendant’s claim resulting in the dismissal of same

Urbisci v. Urbisci

2011 ONSC 3 (CanLII) (D.M. Brown J.)

  • Costs awarded in favour of respondent

Bird v. Bird

Court File No. FS-10-70111-00 (Superior Court of Justice, Brampton)
Endorsement of Daley J.; Motion Heard: September 29, 2011; Released: October 11, 2011

  • Successfully defended respondent husband’s motion to withdraw his admission under Rule 22 of the Family Law Rules and to question the applicant wife on her affidavit and NFP statement; both motions of the respondent husband were dismissed

Bird v. Bird

Court File No. FS-10-70111-00 (Superior Court of Justice, Brampton)
Costs Endorsement of Daley J.; Date: October 27, 2011; Released: October 28, 2011 –

  • Obtained costs for the applicant wife via written submissions; respondent husband was ordered to pay the applicant wife her costs of the motion fixed in the amount of $8,500

Urbisci v. Urbisci

2010 ONSC 6130 (CanLII) (D.M. Brown J.)

  • Successfully defended an application for a court-ordered capacity assessment under section 79(1) of the Substitute Decisions Act, 1992, as the Court concluded that no reasonable grounds exist to believe that respondent was incapable.

MC Imports Ltd. v. Canadian Food Inspection Agency

2010 CarswellNat 3707; 2010 CarswellNat 4480; 2010 FC 994; 2010 CF 994; 193 A.C.W.S. (3d) 1170; 375 F.T.R. 23 (Roger T. Hughes J.)

  • Obtained an order granting an application by importer for judicial review of decision of Canadian Food Inspection Agency regarding classification of fish products; costs of $5,000 awarded in favour of client.

DiBattista*Gambin Developments Ltd. v. Legacy Staffing Services Inc.

2009 CarswellOnt 3274; [2009] O.J. No. 2372; 177 A.C.W.S. (3d) 927 (Forestell J.)

  • Obtained an order granting defendant’s motion to set aside default judgment, noting in default and contempt order

DiBattista*Gambin Developments Ltd. v. Legacy Staffing Services Inc.

Citation: 2009 CarswellOnt 4984; 179 A.C.W.S. (3d) 1045 (Forestell J. )

  • Awarded costs for the defendants in the amount of $7,500

McNicol v. McNicol

2009 CarswellOnt 5487; [2010] W.D.F.L. 352; 180 A.C.W.S. (3d) 509 (Pazaratz J.)

  • Obtained an order granting an application by wife to have corollary relief judgment requiring her to pay equalization payment of $117,500 set aside; matter restored to the trial list.

Mudronja v. Mudronja

2008 CarswellOnt 8080; [2009] W.D.F.L. 712; [2009] W.D.F.L. 728; [2009] W.D.F.L. 762; [2009] W.D.F.L. 799; [2009] W.D.F.L. 803; 173 A.C.W.S. (3d) 871 (Lemon J.)

  • Obtained an order on interim basis that husband’s average income be fixed at $201,459 (consistent with wife’s position) for purposes of determining support and ordered husband to pay $5,000 per month in spousal support.

Nestlé Canada Inc. v. Kossatz – Defence of Summary Judgment Motion

2008 CarswellOnt 6916; 173 A.C.W.S. (3d) 100 (Harvison Young J.)

  • Successfully defended against plaintiff’s summary judgment motion.

Ahmed v. Shad – Return of Child, Hague Convention

2006 ONCJ 440 (CanLII) (Maresca, J.)

  • Obtained an order awarding costs to applicant father fixed in the amount of $10,400 after decision (oral reasons given 16 October 2006) finding the respondent mother had unlawfully removed the 2 children from their home state of California, USA.