Court File and Parties

CITATION: Rivette v. Children’s Aid Society of Windsor and Essex County, 2020 ONSC 4906

COURT FILE NO.:

DATE: 20200817

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Rivette v. Children’s Aid Society of Windsor and Essex County

BEFORE: D.L. Corbett J.

DATE: August 17, 2020

IN CHAMBERS IN WRITING

Endorsement

[1] Mr Rivette seeks an urgent hearing in the Divisional Court. At my direction, Mr Rivette was asked to provide further information. He has sent a great deal of material in response but there are still a few points that need clarification.

[2] The Divisional Court is not a court of "original jurisdiction". It hears appeals or reviews of decisions from other courts, tribunals and decision-makers. For anyone to start a proceeding in Divisional Court, it is necessary for that person to identify the decision(s) that they are asking this court to review. And it is not every decision from other bodies that this court will review: generally this court only hears cases involving “final” decisions that dispose of a case. Sometimes this court hears other kinds of cases, but generally only where this court first grants “leave” or permission to bring a case from a decision that does not finally dispose of a case.

[3] From Mr Rivette’s materials, I understand that he has applied to become an adoptive parent. I understand that he has been involved in a process with the Children’s Aid Society of Windsor and Essex County and that he has issues with many things that have gone on in that process. It is not clear to me whether the CAS has made a final decision about Mr Rivette’s request to become an adoptive parent, and if so, what that decision was, and whether it is that decision that Mr Rivette is asking this court to review.

[4] I also understand from Mr Rivette’s materials that he has a civil claim he has brought or tried to bring in the Superior Court in Windsor. It is not clear what that claim is – who it is against or what Mr Rivette is claiming in that case. It is clear that Mr Rivette is unhappy with the way that this claim has been handled by the Superior Court in Windsor. He complains about conduct of court staff and he complains about a judge. What is not clear is whether any decisions have been made in this case, and whether he is trying to appeal those decisions to this court.

[5] I understand that Mr Rivette is not a lawyer. He also states that he has several disabilities, some of which make it difficult for him to communicate in writing. However, before this court can open a file in this case, Mr Rivette needs to identify the decision(s) he is asking this court to review. This identification needs to include the following information:

(a) The name of the decision maker, and their position (for example, “Decision of Justice “X” of the Superior Court”, or Decision of the Children’s Aid Society dated “ZZ”).

(b) The date of the decision.

(c) The file or other identifier of the proceeding (for example, the court file number, or the Children’s Aid Society file number).

(d) The reason(s) [stated briefly] that Mr Rivette wishes to challenge the decision in this court.

(e) It would be helpful if Mr Rivette provided this court with a copy of the decision he is asking this court to review.

[6] This court is not asking Mr Rivette to repeat the lengthy narrative that he has already provided in the materials he has sent to the court. Rather, the court is asking Mr Rivette to identify, precisely, the decisions he asks this court to review.

[7] This court will give further directions once Mr Rivette has provided an answer to the questions set out in this direction.

[8] An unsigned copy of this endorsement is distributed to the parties today and has the authority and effect of the signed version, a copy of which will be provided to the parties in due course when the suspension of ordinary court operations permits that to happen. Mr Rivette raises an issue with unsigned judicial decisions he has received from the court office in Windsor. The endorsement is transmitted to Mr Rivette from the court, and it will soon be published: those are his guarantees of the genuineness of this endorsement.

D.L. Corbett J.

Date: August 17, 2020