COURT FILE AND PARTIES
COURT FILE NO.: FC-11-2023
DATE: 21/12/2015
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Magi Soliman, Applicant
AND
Emile Gendy, Respondent
BEFORE: Madam Justice Mackinnon
COUNSEL: Diana Carr, for the Applicant
Katherine Cooligan, for the Respondent
Allison Lendor, for the OCL
HEARD: December 17, 2015
ENDORSEMENT
January 4th is the trial date resumption.
[1] Ms. Cooligan is here today to assist Mr. Gendy but will not be counsel at trial. Mr. Gendy will be self-represented for the conclusion of trial.
[2] Mr. Gendy has 5 “miscellaneous” witnesses to call and may do so provided all of their evidence is confined to a half day, including chief and cross examination. These are Michelle, Dmitry R., Tanya Unesco, CAS worker, and Dan.
[3] I have directed Mr. Gendy to call all of these witnesses, one after the other, and to have them all present for 10:00 a.m. or 2:00 p.m on a given day to do so. I have also directed him to seek verification from the CAS worker on the issue for her, and to notify Ms. Carr and Ms. Lendor ahead of time, as this alleged fact may be admitted and may mean that the witness need not be called.
[4] There is an issue as to Dr. Goldstein being a witness, which I leave to the Trial Judge. However, if Mr. Gendy is permitted, he wishes to have her testify as to statements made to her by the children, phone calls she received from the parents, requests the parents made of her, and in general, the dates and times she met with the children and spoke to others in relation to this file. She is NOT tendered as and is NOT to be asked for any opinions, impressions or conclusions drawn, nor any recommendations she may have made to the parties.
[5] If called, Dr. Goldstein shall not exceed one day on the stand.
[6] Mr. Gendy has produced a report today from Dr. Krishnaprasad who is his psychiatrist. Ms. Carr advises she requires Dr. Krishnaprasad to attend for cross-examination. Mr. Gendy shall provide the doctor’s file to her and to Ms. Lendor by December 28, 2015, unless Ms. Carr has waived her objection in writing by that date. Counsel are not objecting to the short notice of this report, rather to its brevity and thus the need for cross-examination.
[7] Today Mr. Gendy has requested the OCL to have her social worker do an update as to the childrens’ views and preferences, to present at Court. Mr. Lendor will take this under advisement given the late request, the short time frame left for conducting interviews and the nature of the testimony already given by the witness. She shall advise the other parties of her intentions by December 21, 2015.
[8] It is agreed that after Mr. Gendy closes his case, the applicant may testify again in chief by way of an update (and by case in reply if need be) and be cross-examined by Mr. Gendy. She will also call one or two reply witnesses and will advise Mr. Gendy as to who they are after his case closes.
[9] Submissions are estimated at 2 hours per party; 1 hour maximum for OCL.
[10] Mr. Gendy has been advised of his obligation to summons witnesses and to have them on hand waiting to testify so that there are no gaps or delays in proceeding.
[11] Financial statement from Mr. Gendy in up to date, short form financial statement and proof of his year end income for 2015, to be delivered by December 28, 2015. And so shall the applicant, by December 28, 2015.
Madam Justice J. Mackinnon
Date of Endorsement: December 17, 2015
Date of Release: December 21, 2015
COURT FILE NO.: FC-11-2023
DATE: 21/12/2015
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Magi Soliman, Applicant
** AND**
Emile Gendy, Respondent
BEFORE: Madam Justice Mackinnon
COUNSEL: Diana Carr, for the Applicant
Katherine Cooligan, for the Respondent
Allison Lendor, for the OCL
HEARD: December 17, 2015
** ______________________**
ENDORSEMENT
** ______________________**
Date of Endorsement: December 17, 2015
Date of Release: December 21, 2015