Court File and Parties
Citation: Santos v. Panetelidis, 2016 ONSC 6994 Court File No.: FS-15-401573 Date: 2016-11-10 Superior Court of Justice - Ontario
Re: Debbie Santos, Applicant And: Jean-Philippe Pantelidis, Respondent
Before: Kiteley J.
Counsel: Self-represented Applicant David Anthony, for the Respondent
Heard: October 26 and October 31, 2016
Endorsement at Trial Management Conference on Financial Issues
[1] On January 7, 2016 I heard the motion by the Respondent for an order striking the Application of the Applicant and I issued an endorsement that day [2016 ONSC 164] in which the following appears:
The Application of the Applicant on all issues except custody and access is struck.
The claims raised in the Answer except those involving custody and access shall proceed on an uncontested basis.
With respect to the issues other than custody and access:
(a) Counsel for Mr. Pantelidis shall arrange a Trial Management Conference before me if I am available at which time his Trial Management Conference brief and endorsement will be reviewed and a trial date will be set for all issues except custody and access;
(b) The Applicant is not entitled to notice of any further proceedings with respect to issues other than custody and access;
(c) The Applicant is not prohibited from attending the trial referred to above but is prohibited from participating in any fashion.
- With respect to the issues of custody and access:
(a) only Mr. Pantelidis may bring a motion with respect to custody and access and if he does, he must provide notice to Ms. Santos in accordance with the Family Law Rules;
(b) counsel for Mr. Pantelidis shall arrange a Settlement Conference/Trial Management Conference before me if I am available to address the custody and access issues. Counsel shall provide notice to Ms. Santos of the date at least 30 days in advance. Both parties shall serve and file settlement conference brief and trial management conference brief and trial management endorsement at least 7 days in advance.
[2] Counsel for Mr. Pantelidis served notice on Ms. Santos that the Settlement Conference/Trial Management Conference in the custody and access issues would be held on October 26 at 2:30. As indicated in a companion endorsement [2016 ONSC 6979], I have set the trial date for the custody and access issues for January 3, 2017 for 9 – 10 days.
Trial of the financial issues:
[3] Counsel for Mr. Pantelidis arranged for the Trial Management Conference in the financial issues to be held on October 26 at 3:30. Pursuant to the endorsement referred to above, he did not give notice to Ms. Santos. At the conclusion of the TMC in the custody and access issues, in the absence of Ms. Santos, I started the TMC on October 26 but ran out of time and adjourned to October 31, 2016.
[4] The issues which will be addressed at this uncontested trial are those referred to in the Answer and Claim of Mr. Pantelidis dated April 25, 2015 and include: equalization of net family property or equalization; declaration that the Applicant has no beneficial interest in the former matrimonial home located at 827C Oxford Street, Etobicoke; costs and prejudgment interest. In addition, this trial will consider the issue of child support. If, pursuant to the order of the trial judge in the trial set for January 3, 2017, custody of Nicholas born July 1, 2013 is changed from the Applicant to the Respondent, the Respondent will ask for child support. And pursuant to the endorsement I made dated March 14, 2016 [2016 ONSC 1804] fixing temporary spousal support at $1800 per month, the Respondent will ask to terminate spousal support.
[5] As indicated above, Ms. Santos is not entitled to notice of the trial on the financial issues. However, she has notice because the date is included in the endorsement released this date [2016 ONSC 6979]. In addition, I am instructing my assistant to send to Ms. Santos a copy of this endorsement. Ms. Santos may attend the trial of the financial issues but is prohibited from participating.
[6] As indicated in the endorsement above [2016 ONSC 164], this will proceed as an uncontested trial on the financial issues. Mr. Anthony had not decided whether he needed to provide evidence other than that of his client. I agreed with him that his client’s evidence should be contained in an affidavit for uncontested trial with documents referred to properly attached as exhibits. I cautioned him to ensure that he complied with the rules of evidence, including hearsay. If he decides to lead other evidence, he should do so by filing an affidavit of the witness for uncontested trial.
[7] As indicated in paragraph 11 of the companion endorsement [2016 ONSC 6979] the uncontested trial is set for February 6 which is about a month after the commencement of the custody and access trial. Two of the financial issues in the uncontested trial may be affected by the outcome of the custody and access trial, namely child support and spousal support. If the decision on custody and access has not been released, the date of the trial of the financial issues may have to be postponed.
ORDER TO GO AS FOLLOWS:
[8] By January 31, 2017, counsel for the Respondent shall file (but not serve) a trial record pursuant to rule 23 of the Family Law Rules that also includes the following:
(a) form 13.1
(b) net family property statement;
(c) affidavit for uncontested trial;
(d) draft order sought.
[9] Uncontested trial is scheduled for the week of February 6, 2017 (preferably February 6 or 7) for no more than 1 day and will be less if counsel for the Respondent does not call any witnesses for viva voce evidence.
[10] The Respondent shall not bring any motions with respect to the financial issues before the trial.
Kiteley J.
Date: November 2016