Court File and Parties

CITATION: Rokach v. Rokach, 2020 ONSC 5037

DIVISIONAL COURT FILE NO.: 660/19

DATE: 20200821

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Rokach v. Rokach

BEFORE: D.L. Corbett J.

COUNSEL: Ester Rokach, self-represented Appellant Laurie Pawlitza, for the Respondent

Endorsement

[1] By endorsement dated June 17, 2020, this court gave directions for this case to move forward (2020 ONSC 3797). The endorsement was emailed to the parties to the email addresses by which the parties had been communicating with the court.

[2] As indicated in the endorsement of June 17^th, Ms Rokach took the position that she could not participate in a teleconference because of a hearing disability. She could not participate in a videoconference because she does not understand American Sign Language. She could not participate in written communication electronically because her computer had suffered a virus attack and could not be repaired because of COVID-19, and a friend who had been helping her access email was no longer able to help.

[3] In the wake of these reasons why Ms Rokach was taking the position that the case could not proceed except in person at the courthouse that the court issued a direction setting out steps Ms Rokach was to take to complete her appeal materials.

[4] Counsel for Mr Rokach subsequently advised that she had heard nothing further from Ms Rokach, and that Ms Rokach had failed to take the steps ordered in the endorsement of June 17, 2020. The court directed counsel for Mr Rokach that she could move to have the appeal dismissed, on notice to Ms Rokach.

[5] The court then heard from Ms Rokach by telephone in August 2020. She left voicemail messages advising that she had received materials from Mr Rokach’s counsel, including a copy of the court’s endorsement from June 17, 2020, which she had just seen for the first time. Court staff returned Ms Rokach’s calls to the phone number left by Ms Rokach. Ms Rokach advised court staff that she did not have a working computer and had no way in which to prepare materials. Court staff advised her to provide the court with a copy of the last motion record she filed, which was a motion for directions returnable March 17, 2020. Ms Rokach arranged to have a copy of this record dropped off at Judges Administration at 361 University on August 19, 2020.

[6] Court staff reports that she had no difficulty reaching Ms Rokach by phone and no difficulty speaking with her by phone and that Ms Rokach did not seem to have any difficulty making herself understood or understanding court staff.

[7] This court directs that a case management teleconference be conducted on September 16, 2020, at 4 p.m. Whatever impediments may have existed to Ms Rokach participating in such a conference have clearly been resolved: if she is able to speak with staff by phone there is no reason why she cannot speak with a judge by phone.

[8] At the case management teleconference the court will give directions on the following:

(a) Mr Rokach’s proposed motion to dismiss the appeal for delay.

(b) Compliance with the court’s endorsement from June 17, 2020. If this appeal continues then a new timetable will be set for these directions at the teleconference, and the court will expect that Ms Rokach has, at minimum, completed the task described at para. 8(a) of the court’s prior endorsement and served the list on Mr Rokach’s counsel. The endorsement of June 17^th gave Ms Rokach two weeks to complete this task, and she will have more than two weeks to complete it between now and when the teleconference takes place.

(c) Any other steps (including further case management teleconferences) that are required to bring this appeal to a conclusion.

[9] The case management teleconference on September 16, 2020 is peremptory for Ms Rokach. If she does not attend the call by phoning into it, the court may dismiss her appeal at the teleconference.

[10] Court staff is directed to telephone Ms Rokach and to read to her paragraphs 7-10 of this endorsement and also to provide Ms Rokach the call-in details for the teleconference. A copy of this endorsement will be sent to Ms Rokach by email to the email addresses through which she previously communicated with the court, by regular mail, and a copy will be left for Ms Rokach at Judges’ Administration where she can pick it up in person. It is Ms Rokach’s responsibility to obtain a copy of this endorsement forthwith.

“D.L. Corbett J.”

August 20, 2020