Court File and Parties
COURT FILE NO.: FC-16-942 DATE: 2018/08/14 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Frederick Robert Loach and Julie Ann Loach, Applicants AND Cassandra Schopf-Loach and Timothy Robert Loach (deceased), Respondents
BEFORE: Justice Engelking
COUNSEL: Blake R. Lyngseth, Counsel for the Applicants Alison Southern, Counsel for the Respondent Cassandra Schopf-Loach
HEARD: In Writing
Endorsement
[1]
Background
On August 7, 2018, I ordered that Ms. Schopf-Loach was to provide the court with a copy of the letter (suicide note) written to her by Timothy Loach prior to his death so that the court could determine whether it is relevant to an issue in the case pursuant to Rule 19 of the Family Law Rules.
[2]
Issue
The issue in this case is whether it is in the best interests of the Respondents’ children, Theo, Marie and Rita, to have access to their paternal grandparents, Frederick and Julie Loach, who are the Applicants in this proceeding.
[3]
Analysis
Having reviewed the letter of Timothy Loach to Ms. Schopf-Loach, I am unable to find that it is relevant to the question the court has to determine.
4In paragraph 16 of his affidavit sworn on February 26, 2018, Frederick Loach indicated that he and his wife are seeking the letter on the basis that “it could possibly shed some light on the dynamic between [Ms. Schopf-Loach] and our deceased son, and possibly shed some light on Cassandra’s frame of mind, particularly if Tim used this letter to deny her allegations against him.” While I very much understand that Mr. and Mrs. Loach may wish to know what their son’s last communications to Ms. Schopf-Loach were, I am equally unable to find that light shed on the dynamic between him and Ms. Schopf-Loach or on her state of mind, will assist the court in determining whether access to the paternal grandparents is presently in the best interests of the children.
5Additionally, I find that whether Timothy Loach “used this letter to deny her allegations against him” is immaterial as to whether Frederick or Julie Loach should have access to the children.
[6]
Disposition
For all of the above reasons, the Applicant’s “Ryan Motion” for an order for disclosure of the “goodbye letter” of Timothy Loach is dismissed.
7The copy of the letter provided to the court shall be returned to Ms. Schopf-Loach in a sealed envelope which may be picked up by her counsel at the 5th floor reception of the Judges’ Chambers.
[8]
Costs
Costs for the motion, which was conducted in writing, are reserved to the cause.
Madam Justice Tracy Engelking Date: August 14, 2018