Court File and Parties

Ontario Court of Justice

Date: September 10, 2018

Court File No.: 18/0312

Between:

Raychel MacArthur Applicant

— And —

Chris Ward Respondent

Before: Justice M.G. March

Heard on: September 10, 2018

Interim Order

Counsel:

• Duncan Crosby for the Applicant
• Chris Ward acting for himself, the Respondent

M.G. March J.:

Relief Sought

[1] By notice of Motion filed August 30, 2018, the Applicant, Ms. MacArthur seeks Summary Judgment against the Respondent, Mr. Ward and requests:

i) An Order for sole custody of the subject child, R., date of birth, […], 2014;

ii) An Order for access by Mr. Ward to R. at the discretion of Ms. MacArthur;

iii) An Order restraining Mr. Ward from attending within 100 metres of Ms. MacArthur or R., their residence, and her place of employment or schooling;

iv) An Order for costs on a solicitor-client basis.

Procedural Fairness and Extension of Time

[2] My Endorsement of August 16, 2018 forewarned Mr. Ward that he would be expected to prepare materials to respond to the pending Motion for Summary Judgment and to appear in court. He has not done so. At the same time, he was only served with the Notice of Motion for Summary Judgment on August 28, 2018 by same day courier. Effectively, he had seven business days to retain counsel, should he wish, and to prepare materials in response to Ms. MacArthur's Motion. Given the serious allegations made and the legal consequences which could flow from an award of Summary Judgment regarding custody and access, fairness requires me to provide Mr. Ward with additional time to respond. I grant this extension of time with full awareness that Mr. Ward was served with the originating Application on June 12, 2018 and has yet to answer.

Interim Restraining Order

[3] In the interim however, I will impose today a Restraining Order preventing Mr. Ward from attending within 100 metres of:

i) Ms. MacArthur's or R.'s person, their places of residence, schooling and/or Ms. MacArthur's place of employment.

Adjournment and Directions

[4] The balance of the relief sought by Ms. MacArthur shall be adjourned for hearing on October 29, 2018 at 9:30 a.m. If Mr. Ward intends to respond, he shall do so by October 8, 2018 – that is to say – I shall permit late filing and expect all of his responding materials to be served and filed by October 8, 2018.

Released: September 10, 2018

Signed: Justice M.G. March