CITATION: Ibrahim v. Mala, 2017 ONSC 7791

COURT FILE NO.: FS-16-880107-00

DATE: 2017-06-30

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Muhedin Ibrahim, Applicant

A N D:

Sahar Mala, Respondent

BEFORE: The Honourable Madam Justice M.J. Donohue

COUNSEL: A. Williams, Agent, for Mr. Levinson, for the Applicant

R. Korytko, for the Respondent

HEARD: June 30, 2017

E N D O R S E M E N T

Donohue J.

[1] The parties agreed to have questioning and an interim payment be made before a long motion date July 20, 2017.

[2] At the questioning the respondent wife would not proceed with the application husband present. This occurred June 5, 2017

[3] The applicant husband brought this motion to get a court order that he be allowed to attend the questioning.

[4] The respondent wife argued that there were exceptional circumstances such that he should not be present. She cited longstanding abuse and control by the husband consistent with their Sudanese culture. She listed the longstanding abuse. In one affidavit Mr. Ibrahim said it was not abuse and she was being manipulative.

[5] Mr. Ibrahim has the right to be present if he wishes. The burden is on Ms. Mala to demonstrate the exceptional circumstances to displace that right.

[6] I note that there has been enough cooperation that he has stayed away from the house, refrained from bad language and agreed to pay interim support on a higher income than he seeks the court to impute.

[7] Although I have some compassion for Ms. Mala’s situation, the evidence before me does not rise to the level of exceptional circumstances required.

[8] I order questioning to proceed.

[9] Mr. Ibrahim may be present but he is not to speak. His chair is to be positioned in the room in a location distant from Ms. Mala and not in her line of sight, so as to avoid possible intimidation.

“Original signed by M.J. Donohue J.”

M.J. Donohue J.

DATE OF ENDORSEMENT: June 30, 2017

DATE OF RELEASE OF ENDORSEMENT: June 30, 2017

DATE OF TRANSCRIPTION OF HANDWRITTEN ENDORSEMENT: Mar. 23, 2018