Court File and Parties

Date: 20200408 Superior Court of Justice – Ontario – Family Court

Re: Jesse Irwin Goldman, Applicant And Larisa Kudelya, Respondent

Before: The Honourable Justice D.A. Jarvis

Counsel: David Tobin, for the Applicant Larisa Kudelya, Self-Represented

Heard: April 7, 2020 - Electronically

Endorsement

[1] As a result of COVID-19 regular Superior Court of Justice operations are suspended at this time as set out in the Notice to Profession, the Public and Media Regarding Civil and Family Proceedings of the Chief Justice of Ontario. See the Notice to the Profession dated March 15, 2020, as revised on April 2, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ [“the Chief’s Notice”].

[2] The applicant (“the father”) has brought a motion for a case conference. He started a Motion to Change on February 14, 2020. The change requested deals with a support Order made by Bennett J. on December 12, 2015 that awarded the respondent (“the mother”) child support for the parties’ daughter. On November 18, 2019 Jain J. awarded custody of the child to the father after protection proceedings had been started. On January 23, 2020 I made an Order placing the child in her father’s care with access at the discretion of the protection agency. In the current proceedings, it is alleged that the mother has refused to consent to the father’s request to terminate the support Order. She was served with the father’s pleadings on or shortly after February 26, 2020.

[3] This case has a long, and unfortunate pedigree that has resulted in substantial costs being awarded in favour of the father.

[4] The motion is granted. The following directions shall apply:

(a) Court administration shall schedule the first available date for a Case Conference and shall fix a date in the event that the parties are unable to agree, or a party fails or refuses to provide a timely date; (b) The conference shall be restricted to dealing with the support Order; (c) The Family Law Rules dealing with the format and delivery of Briefs and confirmation of the conference (i.e. Form 17F) are suspended, except as set out below; (d) The parties are to comply with the Notice to the Profession for the Central East Region dated April 1, 2020; (e) The total time allotted will be one-half hour; (f) Briefs may be signed electronically; (g) The father shall file his Brief by Tuesday April 14, 2020 (4:00 p.m.) and the mother her Brief by Friday, April 17, 2020 (4:00 p.m.). The Briefs are to be filed electronically; (h) Unless otherwise ordered, the Conference shall proceed no earlier than Tuesday April 21, 2020, with all material being provided to the conference judge by court administration no later than by 4:00 p.m. on the two days prior to the conference.

[5] Given the relief requested, the history of litigation between the parties and the more recent Orders of this court, the mother should be prepared to deal with a suspension of the support Order at the conference pending a final determination on the merits of the father’s Motion to Change.

[6] In the circumstances of the COVID-19 emergency, these directions are deemed to be an Order of the Court that is operative and enforceable without any need for a signed or entered, formal, typed Order.

[7] Approval of this and any later Order dealing with the subject matter of this endorsement is dispensed with: the parties may submit formal Orders for signing and entry once the court re-opens; however, these directions are an effective and binding Order from the time of their release.

The Honourable Justice D.A. Jarvis Released: April 8, 2020