Ruling on Urgent Motion for Case Conference and Order
Court File and Parties
Newmarket Court File No.: FC-18-55421-00 Date: 20200514 Superior Court of Justice - Ontario
Re: Stephanie Gagnon, Applicant And: Hans Kristian Skaade, Respondent
Before: The Honourable Mr. Justice D.A. Jarvis
Counsel: Jennifer Long, Counsel for the Applicant Symon Zucker, Counsel for the Respondent
Heard: In Writing
1On May 6, 2020 I made an Order giving directions with respect to an urgent motion brought by the applicant (“the mother”). In her motion the mother asked for the following relief:
(a) An Order appointing the Office of the Children’s Lawyer (“OCL”); (b) An urgent case conference; (c) An Order restraining the respondent (“the father”) from communicating with the mother except through her lawyer and then only for child exchange purposes and for bona fide urgent issues involving the children; and (d) An Order that the father not film or video-record the mother or the children at exchanges.
2I directed that further material be filed by the parties and that the pleadings be served on the Society. On May 8, 2020 that Order was amended at the request of the Society to allow it more time to review whatever file it had with respect to the parties and their children. An affidavit summarizing the Society’s involvement was filed with the Court on May 13, 2020.
3Although the concerns raised by the mother are not related to the COVID-19 pandemic, they impact the current parenting arrangements affecting the children and meet, in my view, the test of urgency set out in the Chief’s Notice to which I referred in my May 6, 2020 endorsement. Something must be done now to deal with what is clearly an unacceptable situation.
4Accordingly, the following is ordered:
(a) Court administration shall schedule a teleconference to proceed on either May 19 or 20, 2020 to be heard by me; (b) The mother shall have until May 15, 2020 (4:00 p.m.) to deliver a brief affidavit in reply to the father’s affidavits sworn on May 5 and 11, 2020. The affidavit shall not exceed four pages, exclusive of exhibits, and shall be restricted to new matters raised by the father (see Family Law Rule 14(20)3); (c) If the mother seeks costs of her Form 23C affidavit for an uncontested trial, she should provide a Bill of Costs with her material. This should accompany her reply affidavit but is not included in the four-page limitation set out in (b) above; (d) Each party shall be limited to fifteen minutes’ argument, the mother shall be entitled to a five-minute reply; (e) No other material may be filed by either party; (f) Directions with respect to the costs of the mother’s urgent motion will be given following argument.
5It is my intention to deal with the parties’ request for the involvement of the OCL when the mother’s motion is argued as well as the other relief asked in the motion. Whether the current parenting arrangements should be modified, or even suspended, will also be addressed. The parties should prepare accordingly.
6In the circumstances of the COVID-19 emergency, this Order is operative and enforceable without any need for a signed or entered, formal, typed Order. The parties may submit a formal Order for signing and entry once the court re-opens.
Justice David A. Jarvis Date: May 14, 2020