Court File and Parties

CITATION: Kadem v. Hacil, 2020 ONSC 3667

DIVISIONAL COURT FILE NO.: TBA

FILE NO: FC 20-619 (Ottawa)

DATE: 2020-06-11

SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT

RE: Kadem v. Hacil

BEFORE: D.L. Corbett J.

COUNSEL: David Danielson, for the Applicant/Moving Party Kevin Doyle, for the Respondent/Responding Party

Endorsement

[1] This endorsement reflects a case management teleconference held on June 11, 2020.

[2] The applicant’s motion for leave to appeal the interim decision of Audet J. dated May 21, 2020 (unreported) shall be heard in writing by a bilingual three judge panel of the Divisional Court during the week of July 27, 2020.

[3] The moving party’s materials shall be served by June 19, 2020. Responding materials shall be served by June 30, 2020. Any reply materials shall be served by July 10, 2020.

[4] Counsel for the applicant/moving party shall establish a password-protected download-only electronic drop box from which all case materials may be downloaded and shall provide the court with the URL and password by July 10, 2020.

(a) All documents shall be uploaded to the drop box in pdf format.

(b) Documents should be labelled in a manner that identifies them clearly for members of the panel so that it is not necessary to open the document to understand what it is. Pages should be numbered sequentially within each pdf. If this is not practical, given the current state of the documents, then individual documents should be uploaded to the drop box in pdf form, so that each document is clearly labelled, enabling the court to find documents quickly during the course of the hearing.

(c) Where possible, factums should contain hyperlinks for authorities and, if possible, hyperlinks to a “Factum Compendium”, described below.

(d) Books of authorities containing the full text of authorities should not be uploaded to the drop box. However, citations to cases in the factums are to provide, if possible, a hyperlink to the online database version of cases. The only exceptions to this principle are authorities not available on online databases, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on online databases: these should be collected in a small brief of unreported authorities and filed electronically.

(e) Parties may file a “Factum Compendium” containing single pages or brief portions of cases cited, and brief portions of evidence from the record referenced in the factum, hyperlinked from the factum. Where portions of cases are included in a compendium, the title of proceedings and headnote should be included as well. Where portions of the record are included in a Factum Compendium, the first page of the document and identification of where it may be found in the record should also be provided. The only exceptions to this principle are authorities not available on online databases, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on online databases: these should be collected in a brief of authorities and filed electronically.

(f) The parties shall file their agreement on the disposition of costs, or, if the parties have not agreed as to costs, then each party shall file its bill of costs and costs outline and any brief supporting materials relied upon in respect to costs.

(g) All parties are permitted to (but are not required to) file a factum compendium (described above) in addition to documents permitted under the Rules.

[5] The court has endorsed its fiat on this endorsement this day; the unsigned version distributed to the parties today has the authority and effect of the signed version, a copy of which will be provided to the parties in due course after the suspension of ordinary court operations is lifted.

[6] The parties shall obtain a temporary file number from Divisional Court staff. The parties shall be required to file one paper copy of all materials on the motion for leave to appeal and one copy of all materials filed on the appeal itself, in the appropriate Divisional Court office, and to pay applicable court fees for this case, once the court resumes ordinary operations following the suspension of ordinary operations because of the COVID-19 crisis.

[7] The moving party asked to have an opportunity to present oral argument on the motion for leave to appeal. Motions for leave to appeal are heard in writing by a three member panel of the Divisional Court. I see nothing about this case that would merit treating it differently than other motions for leave to appeal: the impugned decision is a temporary custody and access order in a high conflict family law case – the kind of order that is made routinely in family law in this Province. Counsel advises that he intends to advance arguments based on ss. 7 and 28 of the Charter, and jurisprudence from this court that speaks of the lasting impact of temporary custody and access orders. Those proposed issues do not strike me as any different in this case than they are in any hotly contested custody and access case, but the parties can address those issues in their written leave materials. Finally, it is within the discretion of the panel reading the leave motion to direct oral argument, in an appropriate case, and my refusal to direct oral argument does not preclude either of the parties from requesting it of the panel in their motion materials.

[8] The parties were reminded that all parties are required to comply with the impugned order of Audet J. If leave to appeal is granted the parties must still comply with the order of Audet J. unless and until a stay is granted pending the appeal.

“D.L. Corbett J.”

June 11, 2020