Issasi v. Rosenzweig, 2011 ONCA 250

CITATION: Issasi v. Rosenzweig, 2011 ONCA 250

DATE: 20110401

DOCKET: M39748-M39887-M39890-C52822

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Laskin and MacPherson JJ.A.

BETWEEN:

Amparo Marlen Rodriguez Issasi

Applicant (Respondent on Appeal)

and

Kenneth Espinal Rosenzweig

Respondent (Appellant on Appeal)

Jeffery Wilson, for the moving party, Rosenzweig (M39748)

Martha Mackinnon and Niamh Harraher, for the moving party, Justice for Children and Youth (M39887)

Urszula Kaczmarczyk and Jocelyn Espejo-Clark, for the moving party, Attorney General for Canada (M39890)

Philip Epstein, Q.C. and Aaron Franks, for the respondent, Issasi (M39748-M39887-M39890)

Sean Hanley, for the intervener, Attorney General for Ontario

Heard and released orally: March 30, 2011

ENDORSEMENT

[1] We grant the order sought directing the Office of the Children’s Lawyers (“OCL”) to represent the child on appeal. This appeal must proceed on April 12 and 13, 2011. We consider it in the best interests of the child and the family involved that the issues raised by the appeal be decided as soon as possible. We have been assured by counsel, including counsel for the OCL, that they will not seek an adjournment of the appeal scheduled for April 12^th.

[2] It is a term of the order permitting the OCL to participate in the appeal that if it seeks leave to file fresh evidence, it shall serve and file its material no later than Tuesday, April 5^th. Counsel for the two parties to the appeal have indicated that they intend to seek leave to file fresh evidence. If they do so, the father shall serve and file his material no later than April 5^th and the mother no later than April 8^th.

[3] We order the mother/respondent to permit the OCL reasonable access to the child in person, by telephone, by email or other means of communication as may be requested by the OCL.

[4] We direct that the OCL shall have up to 20 pages for its factum and up to 20 minutes for oral argument.

[5] There will be five hours allotted for argument of the appeal. As we calculate it, the interveners and OCL will use between an hour and 20 minutes and an hour and 30 minutes. We would ask that the parties to the appeal agree upon the use of the remaining time.

[6] The OCL shall file its factum on or before April 5^th.

“D. O’Connor A.C.J.O.”

“John I. Laskin J.A.”

“J.C. MacPherson J.A.”