Court File and Parties
CITATION: Kazberov v. Kotlyachkova, 2022 ONSC 3588
DIVISIONAL COURT FILE NO.: DC-20-71
DATE: 20220721
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Sachs, Trimble and G.W. King JJ.
BETWEEN:
Igor Kazberov Applicant (Respondent in Appeal)
– and –
Tatyana Mikhailovna Kotlachkova Respondent (Appellant in Appeal)
COUNSEL:
Lorrie Stojni-Kassik, for the Applicant (Respondent in Appeal)
Farrah Hudani and Jessica Lucombe, for the Respondent (Appellant in Appeal)
HEARD: In Writing
ENDORSEMENT
[1] On 9 August 2021 this panel released its decision overturning the December 20, 2019, trial decision of Breithaupt-Smith J. Since issuing that decision, the court has received several written submissions from the parties dealing with the issue of what order governs the applicant father’s parenting time with the child: the trial order of Breithaupt-Smith J., or the interim order of Rogers, J., from the Ontario Court of Justice dated September 22, 2015?
[2] We have reviewed and considered the written submissions of the parties. In paragraph 79, subparagraph 1 of our decision, we set aside paragraphs 1, 2 and 3 of the December 20, 2019, trial order addressing the applicant father’s parenting time with the child. Having overturned the order of the trial judge, the only parenting order that remains and continues in effect is that of Rogers, J., dated 22 September 2015. Accordingly, we order that the September 22, 2015, parenting order continues in effect until such time as a new parenting order is agreed upon by the parties or imposed by the court. If and when the respondent mother relocates to the United States, should the parties remain unable to finalize specific parenting time arrangements, we remain seized as per paragraph 79 1c. of our decision.
[3] There are no costs related to this endorsement.
Sachs J.
Trimble J.
G.W. King J.
Released: July 21, 2022
CITATION: Kazberov v. Kotlyachkova, 2022 ONSC 3588
DIVISIONAL COURT FILE NO.: DC-20-71
DATE: 20220720
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Sachs, Trimble and G.W. King JJ.
BETWEEN:
Igor Kazberov Applicant (Respondent in Appeal)
-and-
Tatyana Mikhailovna Kotlachkova Respondent (Appellant in Appeal)
ENDORSEMENT
Released: July 21, 2022