Court File and Parties
COURT FILE NO.: FS-20-67 DATE: 2023-03-10
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Freida Marlene Strutzenberger v. Peter Alexander Strutzenberger
HEARD: March 10, 2023 BEFORE: Newton J. COUNSEL: No-one appearing
Endorsement
[1] This matter is proceeding in this court as a motion to change spousal support.
[2] There is also a related proceeding in the Ontario Court of Justice (FO-16-00000013-E006) for enforcement by the Family Responsibility Office (“FRO”). Mr. Howie is counsel for FRO in that proceeding. A copy of this endorsement is being sent to Mr. Howie.
[3] On March 8, 2023, Mr. Howie alerted staff in the Superior Court of Justice by email that Mr. Strutzenberger had filed an affidavit dated March 7, 2023, but sworn March 8, 2023, in the Ontario Court of Justice proceeding. Staff quite properly brought this to my attention.
[4] In the affidavit, Mr. Strutzenberger states that he is “adding the transcript from the case conference held before Judge Newton Jan. 27 /2023…)”. Attached to that exhibit is a transcript of excerpts from that case/settlement conference. What is transcribed is only the confidential discussions I had with Ms. Strutzenberger while Mr. Strutzenberger was placed in a “break-out room” on ZOOM.
[5] That the proceeding was a Case/Settlement Conference was clear to Mr. Strutzenberger who has participated in many in this court. My endorsement of January 27, 2023, copy attached, clearly set out that this was a Case/Settlement Conference. The content of the transcript is clearly related to confidential settlement discussions between the parties.
[6] Rule 17(23) of the Family Law Rules provides as follows:
Confidentiality of settlement conference
(23) No brief or evidence prepared for a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,
(a) an agreement reached at a settlement conference; or
(b) an order.
[7] There was no agreement reached at the conference and I did not make an order permitting the disclosure of any statements made at the conference. No such order would have been granted in the circumstances of this conference.
[8] Further the Court Transcript Standards and Procedures Manual provides:
Rule 17 of the Family Law Rules provides for three types of conferences: case conferences, settlement conferences and trial management conferences. These conferences may be recorded at the request of the presiding judicial official. These recordings are for the judge’s use only. Transcripts of these recordings cannot be provided to any party without a court order or the consent of the presiding judicial official.
[9] No court order was given for the release of the transcripts, and I did not consent to the release of these transcripts. Again, no such order or consent would have been granted in the circumstances of this conference.
[10] Mr. Strutzenberger should not have requested this transcript and it should not have been provided to him.
[11] Consequently, I make the following Orders:
- The affidavit filed by Mr. Strutzenberger in the Ontario Court of Justice is to be removed from the court file and destroyed/deleted. Mr. Howie may file a copy of this endorsement in the Ontario Court of Justice.
- Mr. Strutzenberger is expressly prohibited from relying upon or disseminating to anyone any statement from the case/settlement conference other than a statement made in my endorsement.
- Mr. Strutzenberger is to immediately destroy/delete any and all copies of the transcript in his possession, and, if he has transmitted a copy of the transcript to anyone other than the Ontario Court of Justice, he is to have any other recipients destroy/delete any other copies.
- Mr. Strutzenberger is hereby advised that failure to comply with this Order may result in a finding of contempt of court that may be punished by fine or imprisonment.
- The parties are to appear before me via ZOOM in court on March 17, 2023, at 9:00 a.m. CST, or at such other time as confirmed by the trial coordinator. The purpose of that appearance is to make sure that Mr. Strutzenberger understands this Order, has complied with the Order, and to explain to Ms. Strutzenberger how this error occurred.
- Mr. Howie need not attend.
“Original signed by” The Hon. Mr. Justice W.D. Newton
DATE: March 10, 2023