ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 07-1039
DATE: 2013/07/08
BETWEEN:
VINCENZO CICCONE
Applicant
(Respondent by counter-application)
– and –
YOLANDE CÔTÉ
Respondent
(Applicant by counter-application)
Edward C. Castle, for the Applicant
Yolande Côté, unrepresented
ISABELLA MARIA CICCONE
Jocelyne Paquette-Landry, for Isabella Maria Ciccone
Respondent
THE PUBLIC GUARDIAN AND TRUSTEE
Respondent
Elaine F. Rufiange, for the Public Guardian and Trustee
HEARD at Cornwall: June 24, 25, 26, 27, and 28, 2013
JUDGMENT
Kane J.
[1] This motion by the applicant Vincenzo Ciccone (“Ciccone”) and this motion by the respondent Yolande Côté (“Côté”) proceeded by way of trial on June 24 to June 28, 2013.
[2] This court orders pursuant to separate Reasons for Decision to be issued that:
(1) Isabella Maria Ciccone (“Isabella”), born December 5, 1970, as previously determined, continues and is incapable of managing her property and incapable of managing her personal care including her own health, nutrition, shelter, clothing, hygiene and safety pursuant to s. 6, 25, 45, 58 (1) of the Substitute Decisions Act, S.O. 1992, c. 30 (the “Act”).
(2) On the consent of Ciccone and Côté, the prior appointment of each of them as co-guardians of the property and the person of Isabella is hereby terminated.
(3) The Public Guardian and Trustee is hereby appointed as full guardian of the property of Isabella. The parents are directed to account to and transfer all monies of Isabella now and hereafter held by them to the Public Guardian and Trustee.
(4) The Public Guardian and Trustee is hereby appointed with full guardianship of the person of Isabella from the date hereof until October 30, 2013, pursuant to ss. 55, 58 (2)(a) and 59 of the Act, subject to the provisions hereafter set forth.
(5) Isabella shall reside with each parent until October 30, 2013, subject to the following provisions:
(a) Each parent while the child is residing with them shall be responsible for the health and medical treatment of Isabella. During such period of temporary residence, the parent then residing with Isabella shall have full authority, without the consent of the other parent or the Public Guardian and Trustee, to obtain medical care for and authorize medical treatment as may be required by Isabella from time to time.
(b) While residing with them during such periods set forth above, each parent shall have sole authority to apply for and obtain a Canadian passport for Isabella and to travel temporarily outside of Canada with Isabella without the authorization or consent of the other parent or the Public Guardian and Trustee.
(c) Ciccone shall immediately retain the services of a female personal attendant who shall attend for one hour for each day that Isabella is bathed to conduct and assist Isabella in performing that function and to thereby relieve Ciccone of that responsibility and avoid potential accusations related thereto.
(d) Subject to the following, Isabella shall reside with her father for seven days commencing June 16, 23, 30, July 7, 14, and 21, September 8, 15, 22 and 29, 2013.
(e) Subject to the following, Isabella shall reside with her mother for seven days commencing July 28, August 4, 11, 18, and 25, September 1, October 6, 13, 20, and then October 27 to 30, 2013.
(f) For clarity, Isabella will commence residing with her mother on July 28 and October 6, 2013 and with her father currently and on September 8, 2013.
(g) Notwithstanding the above, Isabella shall be delivered to the respite care home in Cornwall and reside there without communication with either parent during the three days prior to the expiration of the above periods with either parent namely, three days prior to July 28, August 8 and October 6, 2013.
(h) While in the care of each parent, such parent with such above access shall at 5 p.m. (Cornwall, Ontario) time each Tuesday telephone the other parent and after dialing the telephone number of that other parent, say nothing to the other parent, direct Isabella to speak to such other parent, give Isabella the telephone and leave the room during such telephone conversation.
(i) Each parent is hereby ordered and prohibited from discussing or mentioning anything about the other parent to Isabella. Specifically, each parent is not entitled to ask Isabella about what she did or how she was treated by the other parent.
(6) Each parent acknowledged during this trial that their daughter should be spending time with the other parent. This court orders that because of the level of disability of Isabella and the fact that these parents are 72 and 70 years of age, it is urgent that permanent appropriate accommodation in a group home for mentally handicapped individuals be obtained in Eastern Ontario on a priority basis for Isabella and that long-term care facilities and old age homes are not an acceptable substitute thereof. Availability should not if possible be restricted to Stormont, Dundas and Glengarry but shall include all of Eastern Ontario.
(7) This court respectfully requests that the Government for the Province of Ontario and the appropriate regional health care or service providers have a representative(s) in attendance in court at 10 a.m. on October 30, 2013, to address Isabella’s urgent requirement for placement in an appropriate group home, and the progress in relocation thereto as this is a requirement which each parent acknowledges is now required.
(8) Mr. Ciccone is directed to use his best efforts to identify and communicate to the Public Guardian and Trustee any possibilities as to group home opportunities and opportunities involving approved couples residing with Isabella in Cornwall accommodation now owned by Mr. Ciccone.
Kane J.
Released: July 8, 2013
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
VINCENZO CICCONE
Applicant
(Respondent by counter-application)
– and –
YOLANDE CÔTÉ
Respondent
(Applicant by counter-application)
ISABELLA MARIA CICCONE
Respondent
THE PUBLIC GUARDIAN AND TRUSTEE
Respondent
JUDGMENT
Kane J.
Released: July 8, 2013