Court File and Parties

CITATION: Carmelina LaVigna v. Mark Francis Dedinsky, 2016 ONSC 4050

COURT FILE NO.: 175/13

DATE: June 17, 2016

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Carmelina LaVigna Applicant

AND:

Mark Francis Dedinsky Respondent

BEFORE: Turnbull, J.

COUNSEL: Bobbi M. Olsen, for the Applicant Mark Francis Dedinsky, self-represented

HEARD: June 17, 2016

Endorsement

[1] The applicant has brought a motion before the court seeking an order striking the pleadings of the respondent. On consent, it was heard by conference call.

[2] The parties appeared before the court at a judicial conference on April 8^th, 2016. After discussing the matter at length with counsel, an order was made by me dated April 8^th, 2016 requiring the respondent to pay $2500.00 in costs by April 30^th, 2016 and to pay $1500.00 in child support on June 1^st, 2016, July 1^st, 2016 and August 1^st, 2016. On September 1^st, 2016 the respondent was to commence paying $2000.00 in monthly support payments and that was to continue October 1^st, 2016 and November 1^st, 2016.

[3] I further ordered that I would be seized of the matter, its case management, and any required motions. This order was to ensure that the matter was proceeding properly, as Mr. Dedinsky returned to full time practice of law, and gradually regained his health. I indicated the matter should be adjourned to November 14^th, 2016 at 11:00 a.m.

[4] I also ordered that because the respondent is a practicing family lawyer in the St. Catharines jurisdiction, the court file should be sealed.

[5] In her motion materials, Ms. LaVigna has indicated that she attended at the Toronto Dominion Bank on April 30^th, 2016, and has repeatedly attended thereafter requesting the funds due April 30^th, 2016 and those later due on June 1^st, 2016. On each occasion she was advised by the bank teller that there were insufficient funds in the account and the cheques would not be honoured. The applicant’s counsel has also written to the respondent several times requesting that the $2500.00 costs order payable April 30^th, 2016 should be honoured.

[6] The applicant has not received support of any kind since July 2015.

[7] The respondent has indicated verbally in the motion which I heard today by telephone conference call, that the Canada Revenue Agency had frozen his accounts and as a result he has many debtors seeking payment from him.

[8] However, the respondent has not brought any motion to vary the order of April 8^th, 2016.

[9] Justice Harper in an earlier ruling, made specific comments about the respondent and his unwillingness to pay his support obligations.

[10] In the circumstances, it is ordered as follows:

• The respondent’s pleadings shall be struck forthwith.

• A support deduction order shall issue.

• The applicant is to have her costs of this motion fixed in the sum of $500.00.

• This matter may proceed to an uncontested trial before any judge of the court.

• The order sealing this court file shall be withdrawn.

Turnbull, J

Date: June 17, 2016