CITATION: Spencer v. Spencer, 2022 ONSC 5797
DIVISIONAL COURT FILE NO.: 191/22 DATE: 20221007
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
MACLEOD R.S.J. and D.L. CORBETT and O’BRIEN JJ.
BETWEEN:
MADELEINE PATRICIA DALY
Hilary R. Jenkins and Matthew J. Villeneuve,
SPENCER
Applicant (Respondent In Appeal)
Applicant (Respondent In Appeal)
– and –
JONATHON MARK SPENCER
William J. Doran, for the Respondent
(Appellant)
Respondent (Appellant)
HEARD at Toronto, by videoconference:
October 7, 2022
D.L. CORBETT J. (Orally)
[1] Counsel in Spencer, the Court is going to take under reserve the issue of vaccination of the children, and you will have our decision on that issue in due course.
[2] In respect to the second issue, that is, the vaccination status of Mr. Spencer, we are satisfied that the Motions Judge erred imposing the conditions that he did as a consequence of Mr. Spencer’s vaccination status, and we are, today, setting aside any requirements that Mr Spencer be tested, or other restrictions on the manner in which his access is exercised as a result of his COVID vaccination status. We are reserving on all other aspects of that issue, including what, if anything, we should do about the current parenting schedule that is in place. We would ask counsel to confer with each other to try to agree on one of two things:
a) either a temporary parenting schedule to which both sides can agree, pending trial or other court order. This would be ideal, if you can agree, or, if you cannot agree on such an order, then
b) a temporary parenting schedule to be in place varying the schedule that was directed by Tobin J., pending release of this court’s decision, which will include a finding that one aspect of the factors relied upon by His Honour, was not properly relied upon in fashioning that parenting schedule.
[3] We are going to ask counsel to please try to get back to us, in writing, by email to the Court, by next Friday (October 14th), as to whether they have been able to reach agreement in either fashion on the parenting schedule issue.
[4] The parties have agreed in Spencer that costs for the “vaccination of the children issue” and costs related to the “vaccination of Mr. Spencer issue” shall be $12,500 for each issue. Should either party be completely successful the costs will be $25,000; if there is divided success, then costs will net out at zero.
___________________________ D.L. Corbett J.
I agree
___________________________
MacLeod R.S.J.
I agree
___________________________
O’Brien J.
Date of Oral Reasons for Judgment: October 7, 2022
Date of Written Release: October 17, 2022
CITATION: Spencer v. Spencer, 2022 ONSC 5797
DIVISIONAL COURT FILE NO.: 191/22 DATE: 20221007
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MACLEOD R.S.J. and D.L. CORBETT and O’BRIEN JJ.
BETWEEN:
JONATHON MARK SPENCER
RESPONDENT (APPELLANT)
– and –
MADELEINE PATRICIA DALY SPENCER
APPLICANT (RESPONDENT IN APPEAL)
ORAL REASONS FOR JUDGMENT
D.L. CORBETT J.
Date of Oral Reasons for Judgment: October 7, 2022
Date of Written Release: October 17, 2022