The applicant father brought a motion for leave to proceed before a case conference and sought temporary equal parenting time on an unsupervised basis after criminal proceedings and peace bond terms interrupted contact with the children.
The court held that, although the matter was not urgent in the strict sense, it was in the interest of justice to hear the motion because the father's parenting rights had been interfered with without family-court consideration and the criminal undertaking specifically contemplated access arrangements.
Applying the best interests of the child under s. 24 of the Children's Law Reform Act, the court found no safety basis for supervised access and ordered temporary unsupervised parenting time.
The court declined to impose a nesting arrangement or equal temporary parenting schedule, and instead ordered one evening per week and one day each weekend pending a case conference or further order.