NEWMARKET COURT FILE NO.: FC-10-034809

DATE: 20121121

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: TALIN KARAJIAN, Applicant

AND:

ARA KARAJIAN, Respondent

BEFORE: THE HON. JUSTICE M.P. EBERHARD

COUNSEL: M. Greenstein, Counsel, for the Applicant

A. Karajian on his own behalf

HEARD: By Written Submissions

SUPPLEMENTARY ENDORSEMENT

[ 1 ] On August 29, 2012 I released my Reasons for Decision. On August 31, 2012 Mr. Greenstein, counsel for the Applicant, wrote to request a telephone conference to clarify paragraphs 46 and 47. The Respondent Husband also sought clarifications. I released a supplementary endorsement September 12, 2012.

[ 2 ] I noted in my supplementary endorsement:

It is the responsibility of counsel for the Applicant to take out orders arising from my reasons for decision. It is within my mandate as trial judge to consider clarifications to facilitate that process. For this reason I have accepted the correspondence above-noted in the nature of submissions for the purpose of clarification. My jurisdiction following trial is limited. I do not intend to adjudicate or comment on issues not raised at trial. I also do not intend to comment on enforcement issues except to say that once the order arising from my decision has been issued and entered, both parties can then take enforcement steps as may be necessary.

[ 3 ] I further noted:

…. I expect that counsel for the Applicant will draft a judgment to comply with my reasons for decision, that he will prepare an order requesting the involvement of the Children's Lawyer for my signature and if there are further problems that the appropriate formal litigation steps will follow.

[ 4 ] The next item received, on September 30, was the Respondent Husband’s faxed cost submissions.

[ 5 ] In early November counsel for the Applicant Wife inquired as to the status of his motions filed. Investigations revealed that his courier service had difficulty with filing and had retained the documents all the while. This is a Newmarket file and I am chambered in Barrie so the file languishes in Barrie while all these post trial events are ongoing. I had been permitting documents to be conveyed to me through the judicial secretary to avoid confusion. Suffice it to say, this new sheaf of materials from the Applicant Wife is recent to me. It includes:

(a) Draft final order from trial judgment

(b) Affidavit for divorce

(c) Motion for restraining order, payment of tax arrears, payment of half repairs, evidence of insurance expiry and costs;

(d) Affidavit of service of the motion on September 27,2012;

(e) Affidavit supporting the motion requests.

[ 6 ] I do not know where the Applicant Wife’s costs submissions may be. There is no response from Respondent Husband to the motion. This endorsement will be necessarily partial therefore. However the nature of this file leads me to do what I can now to move it along towards completion.

[ 7 ] Rather than require approval as to the form and content of the order from trial judgment I have gone through it myself to see whether it accurately conveys my judgment, bearing in mind the clarifications that the parties each raised.

[ 8 ] I am satisfied with the draft in all respects except three which I will outline now so that counsel for the Applicant Wife can prepare amended drafts for signature. I am now told that there is an emergency motion scheduled for November 27, 2012 so it would be best if amended draft orders were presented at that time.

[ 9 ] The three corrections are:

(a) Paragraph 11a should be added to reflect the 2 child with Applicant Wife scenario even though currently one child apparently resided with each;

(b) Paragraph 8 should refer to my finding that no notional costs of sale are to be charged;

(c) My order released on the last day of trial should also be taken out as it includes substantive orders, some of which already complied with.

[ 10 ] I have arranged for a clerk in Barrie to complete the certificate required to process the divorce.

[ 11 ] I have had prepared an order for OCL representation in the required format.

EBERHARD J.

Date: November 21, 2012