Spencer v. Spencer, 2022 ONSC 5797

CITATION: Spencer v. Spencer, 2022 ONSC 5797

DIVISIONAL COURT FILE NO.: 191/22 DATE: 20221007

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

MACLEOD R.S.J. and D.L. CORBETT and O’BRIEN JJ.

BETWEEN:

MADELEINE PATRICIA DALY

Hilary R. Jenkins and Matthew J. Villeneuve,

SPENCER

Applicant (Respondent In Appeal)

Applicant (Respondent In Appeal)

– and –

JONATHON MARK SPENCER

William J. Doran, for the Respondent

(Appellant)

Respondent (Appellant)

HEARD at Toronto, by videoconference:

October 7, 2022

D.L. CORBETT J. (Orally)

Reasons

1Counsel in Spencer, the Court is going to take under reserve the issue of vaccination of the children, and you will have our decision on that issue in due course.

2In respect to the second issue, that is, the vaccination status of Mr. Spencer, we are satisfied that the Motions Judge erred imposing the conditions that he did as a consequence of Mr. Spencer’s vaccination status, and we are, today, setting aside any requirements that Mr Spencer be tested, or other restrictions on the manner in which his access is exercised as a result of his COVID vaccination status. We are reserving on all other aspects of that issue, including what, if anything, we should do about the current parenting schedule that is in place. We would ask counsel to confer with each other to try to agree on one of two things:

a) either a temporary parenting schedule to which both sides can agree, pending trial or other court order. This would be ideal, if you can agree, or, if you cannot agree on such an order, then

b) a temporary parenting schedule to be in place varying the schedule that was directed by Tobin J., pending release of this court’s decision, which will include a finding that one aspect of the factors relied upon by His Honour, was not properly relied upon in fashioning that parenting schedule.

3We are going to ask counsel to please try to get back to us, in writing, by email to the Court, by next Friday (October 14^th), as to whether they have been able to reach agreement in either fashion on the parenting schedule issue.

Costs

4The parties have agreed in Spencer that costs for the “vaccination of the children issue” and costs related to the “vaccination of Mr. Spencer issue” shall be $12,500 for each issue. Should either party be completely successful the costs will be $25,000; if there is divided success, then costs will net out at zero.

___________________________ D.L. Corbett J.

I agree

___________________________

MacLeod R.S.J.

I agree

___________________________

O’Brien J.

Date of Oral Reasons for Judgment: October 7, 2022

Date of Written Release: October 17, 2022

CITATION: Spencer v. Spencer, 2022 ONSC 5797

DIVISIONAL COURT FILE NO.: 191/22 DATE: 20221007