Law Times

Page 4 April 18, 2016 • lAw Times www.lawtimesnews.com Agency too aggressive, says lawyer BY MICHAEL MCKIERNAN For Law Times O ntario's Family Re- sponsibility Office should see its enforce- ment powers curbed aer it was forced to pay costs for its unreasonably aggressive pur- suit of a father of three, according to the man's lawyer. Annamaria Perruccio's client, Richard DeBiasio, was forced to obtain a refraining order against the FRO to stop it from suspend- ing his driver's licence, despite months of attempted communi- cation with his FRO caseworker, and later with the agency's legal services department, about an upcoming court date for a mo- tion to terminate child support payments to his former wife. On April 4, Ontario Supe- rior Court Justice Clifford Nel- son ordered the FRO's director to pay DeBiasio $7,500 for his trouble, finding the agency ex- ercised its discretion to enforce the original child support order unreasonably by continuing to come after DeBiasio when it was "abundantly clear" there had been a material change in circumstances because the chil- dren he was paying support for had moved in with him. "This is a situation that oc- curs all too often, where you a have a government agency with a vast number of resources up against a support payor who is forced to incur unnecessary ex- penses," says Perruccio, a family lawyer with Vaughan, Ont. firm Sutherland Law. "Even when they have the benefit of legal help, it shows how someone's life can be taken over. It's an abuse of power. I hope this decision is used to avoid these situations in the future, because it's hindering the faith we should have in these government agencies." Perruccio says she would like to see an amendment to provin- cial legislation that would reduce the FRO's authority to strictly enforce support orders when a material change of circumstanc- es has occurred, especially when a court date has been set in the near future to decide the matter. "As soon as the FRO becomes aware that there is a court pro- ceeding at play, they should stop. I think it's time for statutory reform to restrain the director from enforcing orders in those circumstances," she says. "It's akin to civil matters, where an appeal stays a monetary court order. I think that's a novel idea that would assist both payors and the FRO." Joshua Henry, a spokesman for the Ministry of Commu- nity and Social Services, said he would not comment on the case because it is still in the appeal pe- riod, but he added in a statement that MCSS "is currently consid- ering possible implications for policies or practices." "We will make any necessary changes to ensure payees receive the money they deserve and that all parties are treated fairly," Henry added. Mike Marra was involved in a similar case two years ago, when his client won full recovery of the costs of a refraining order after the FRO went back on a promise not to enforce a support order while he applied to have it varied. "This is the latest example of judges sending a very strong message to the FRO to stop creat- ing unnecessary litigation in the family court system, yet nothing is changing," he says. In DeBiasio's case, the FRO's legal team fell short, according to Nelson's judgment. DeBiasio and his wife di- vorced in 2008, ending a mar- riage that had produced three children. Before the divorce was finalized, a judge had granted the mother custody of the two younger children (DeBiasio v. DeBiasio). The oldest child lived with DeBiasio, who was also ordered to make child support payments to his former wife of $1,800 a month. By the summer of 2015, both the younger chil- dren had moved in with their father, and negotiations began between the parents to change the support order, resulting in an agreement to terminate the payments. In September 2015, a judge denied the consent motion to terminate, requesting to hear more details on the mother's sit- uation, and a motion date was set for late December. Meanwhile, the FRO had embarked on its enforcement schedule, reporting DeBiasio to the Credit Bureau for his failure to pay support. Soon after, the FRO took its first step towards garnishment of DeBiasio's wages, prompting his lawyer to contact the agency. However, according to Nelson's judgment, a caseworker there said that the FRO could not look behind a court order, and was compelled to enforce it, despite the upcoming court date to vary the order. In November, the FRO's en- forcement efforts marched on with the issuing of a first notice to suspend DeBiasio's driver's licence. This time, Perruccio wrote to legal services, demand- ing a halt to further enforcement and offering to settle without the need for a refraining order to stop the driver's licence sus- pension. However, there was no reply from the FRO's lawyers for almost a month, two weeks after DeBiasio had already won his re- fraining order. The delay caused Nelson to find that the "FRO failed to provide timely and meaning- ful responses to the inquiries of the payor's counsel," adding that FRO counsel "owe the same duty of responsibility to other counsel as does any lawyer in Ontario. Timely and meaningful com- munication is the expected stan- dard of behaviour." LT $ $ SURVEY CLOSES MAY 9, 2016 Untitled-5 1 2016-04-12 3:14 PM This is more than a phone book. It is your instant connection to Canada's legal network. With Canadian Law List 2016 you have access to: • an up-to-date alphabetical listing of more than 80,000 barristers, solicitors and Quebec notaries, corporate counsel, law firms and judges across Canada • all contact information supplied for the Supreme Court of Canada, the Federal Court of Canada, Federal Cabinet Ministers, departments, boards, commissions and Crown Corporations • legal and government contact information related to each province for the Courts of Appeal, Supreme Courts, County and District Courts, Provincial Courts, law societies, law schools, Legal Aid and other important law-related offices THE LATEST CONTACT INFORMATION IN A USER-FRIENDLY FORMAT THAT IS BEYOND TRADITIONAL LISTINGS Continually updated by a dedicated team of professionals, Canadian Law List includes value added features such as: • last name first identification in the federal and provincial listings • separate section of corporate law departments for more than 1,250 companies • professional cards of prominent Canadian law firms • International Agency Referral Cards AREAS OF PRACTICE AND ENHANCED LISTING INDEX The enhanced listing index is displayed in bold type with detailed practice information. It also: • lists firms and lawyers that have expanded their practice information in their provincial listing • is organized by areas of practice by province, city and page reference in their provincial listings Hardbound • Published February each year • L88804-765 • On subscription $169* • One time purchase $188* Multiple copy discounts available * Plus shipping/handling and applicable taxes ORDER YOUR COPY TODAY! Call 1.800.387.5164 or visit www.carswell.com KEEPING PACE WITH THE CHANGING LEGAL COMMUNITY FOR OVER 130 YEARS Untitled-1 1 2016-04-13 9:58 AM Annamaria Perruccio says all too often a government agency is up against a support payor who is forced to incur unnecessary expenses.

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