ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 3213/14
DATE: 2015-10-21
BETWEEN:
CHILDREN’S AID SOCIETY OF ALGOMA
Applicant
– and –
J.V. (also known as J.K.) and M.M.
Respondent(s)
- and –
CHILDREN’S AID SOCIETY OF ALGOMA
Applicant
- and -
Anthony Marrato, Counsel for the Applicant
Eric E. McCooeye, Counsel for J.V.
Trevor Simpson, Counsel for M.M.
COURT FILE NO. 3261/15
Anthony Marrato, Counsel for the Applicant
J.V. (also known as J.K.) and M.M.
Respondent(s)
– and –
CHILDREN’S AID SOCIETY OF ALGOMA
Applicant/Respondent
– and –
M.M. and J.V.
Respondent(s)/Appellants
Eric E. McCooeye, Counsel for J.V.
Trevor Simpson, Counsel for M.M.
) COURT FILE NO.: 3267/15
) Anthony Marrato, Counsel for the )Applicant/Respondent
) Trevor Simpson for M.M.
) Eric D. McCooeye for J.V.
) H. Mendes, for the Office of the Children’s Lawyer
HEARD: October 21, 2015
PUBLICATION RESTRICTION NOTICE
Pursuant to subsection 45(8) of the Child and Family Services Act, there is a ban on disclosing the name of any person involved in the proceedings as a party or a witness or any information likely to identify any such person. This judgment complies with this restriction so that it can be published.
RASAIAH J.
endorsement
[1] This Endorsement applies to:
Notice of Motion brought by the Office of the Children’s Lawyer (“the OCL”) dated October 7, 2015 , Court File No. 3213/14;
Notice of Motion brought by the Office of the Children’s Lawyer dated October 7, 2015 , Court File No. 3261/15;
Notice of Motion brought by the Father dated October 5, 2015, Court File No. 3213/14;
Notice of Motion brought by the Father dated October 5, 2015, Court File No. 3261/15;
Anticipated Notice of Motion of the Mother for an order permitting the introduction of fresh evidence, Court File No. 3267/15;
Appeal brought by the Children’s Aid Society of Algoma (“the Society”), Court File No. 3213/14;
Appeal brought by the Father, Court File No. 3261/15; and
Appeal brought by the Mother, Court File No. 3267/15;
which were all returnable before me on today’s date.
[2] Based on submissions of counsel for the Society, OCL, the Father and the Mother, and on Consent, this Court orders that:
- The:
a. Notice of Motion brought by the Office of the Children’s Lawyer dated October 7, 2015 , Court File No. 3213/14 and Notice of Motion brought by the Office of the Children’s Lawyer dated October 7, 2015 , Court File No. 3261/15 (“OCL’s motions”);
b. Notice of Motion brought by the Father dated October 5, 2015, Court File No. 3213/14 and Notice of Motion brought by the Father dated October 5, 2015, Court File No. 3261/15 (Father’s Motions/his motions”); and
c. Anticipated Notice of Motion of the Mother for an order permitting the introduction of fresh evidence, Court File No. 3267/15 (“Mother’s motion/her motion”);
shall be heard December 18, 2015 at 11:00 a.m.
On or before November 13, 2015, the Mother shall deliver to all parties and file, her motion together all materials on which she intends to rely on in support of it, and her factum, in accordance with proper protocol for this motion. The fresh evidence shall be sealed in an envelope when filed.
The Mother’s factum filed for her motion shall apply to the OCL’s and Father’s motions.
The Mother, based on her submission that she would be relying on the casebook filed by the Father, is hereby exempt from delivering and filing a casebook for her motion.
The OCL’s and the Father’s factums and casebooks filed on their respective motions shall apply to the Mother’s motion, Court File No. 3267/15.
The Society shall deliver to all parties and file any responding material to the fresh evidence that the other parties seek to introduce on the appeals that it would file if the evidence was permitted to be introduced. The Society shall do this no later than December 11, 2015. Any reply evidence, which shall be limited strictly to reply shall be filed on or before December 16, 2015. Because the court has yet to determine the motions, the Society is hereby directed to file one set of responding materials responding solely to the OCL’s proposed fresh evidence, one set of responding materials responding solely to the Father’s proposed fresh evidence and one set of responding materials responding solely to the Mother’s proposed fresh evidence in the respective files. All of these materials shall be sealed when filed. The issue of the application of any fresh evidence that the court may pending the outcome of the motions permit to be introduced on the three appeals shall be addressed December 18, 2015 at the hearing of the motions.
The:
a. Appeal brought by the Children’s Aid Society of Algoma, Court File No. 3213/14 (“Society’s appeal”);
b. Appeal brought by the Father, Court File No. 3261/15 (“Father’s appeal/his appeal”); and
c. Appeal brought by the Mother, Court File No. 3267/15 (Mother’s appeal/her appeal”);
shall be heard January 14, 2016 at 10:00 a.m. On this date, the Society’s appeal will be heard first, followed by the Father’s and the Mother’s appeals, which will be heard jointly.
On or before November 13, 2015, the Mother will deliver to all parties and file her factum for the Society’s appeal.
The Father shall deliver to all parties and file, on or before October 30, 2015, his appeal record for his appeal.
Based on her submission that she would be limiting herself to and relying on the appeal record and casebook filed by the Father on his appeal, the Mother is hereby exempt from filing an appeal record and casebook for her appeal. She will however, on or before November 13, 2015, deliver to all parties and file a factum on her appeal. The factum she files on her appeal will apply to the Father’s appeal.
Subject to OCL’s and the Father’s desire to file additional factums and casebooks on the Mother’s appeal after receipt of the Mother’s factum on her appeal, the Father’s appeal record, factum and casebook filed on his appeal, and the OCL’s factum and casebook filed on the Father’s appeal shall apply to the Mother’s appeal.
The transcripts of the trial proceeding which were filed on the Father’s appeal will apply to all three appeals.
The Society, whose time has not yet expired to file responding factums and casebooks in the Father’s and Mother’s appeals, shall do so within the time frame provided by the Family Law Rules. The Society, however, may if the Society wishes, choose to file one factum and one casebook in the Mother’s appeal, and if they so choose, these filings will apply to the Father’s appeal.
If I have missed or misinterpreted counsels’ intentions and/or consent, as indicated, I invite further information and/or submissions (that have been delivered to all parties) by letter, to be delivered to the trial co-ordinator’s office to my attention.
Rasaiah J.
Released: October 21, 2015
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
CHILDREN’S AID SOCIETY OF ALGOMA
- and -
J.V. and M.M.
ENDORSEMENT
Rasaiah J.
Released: October 21, 2015