Court File and Parties

Court File No.: FS-15-406705 and FS-17-21568 Date: 2018-10-05 Superior Court of Justice – Ontario

Family Law Application FS-15-406705

Between: George Chuvalo, Applicant And: Joanne Chuvalo and Janet O’Hara, Respondents

Guardianship Proceeding FS-17-21568 (Formerly 16 CF-3007-ES)

Between: Joanne Chuvalo, Applicant And: Vanessa Chuvalo, Mitchell Chuvalo and George Chuvalo, Respondents

Before: Kiteley J.

Counsel: Herschel Fogelman, counsel for Public Guardian and Trustee as Litigation Guardian for George Chuvalo in FS-15-406705 Rick Bickhram, counsel for Joanne Chuvalo in FS-15-406705 Christopher Graham, counsel for Joanne Chuvalo in FS-17-21568 Susan Popovic - Montag, Section 3 counsel for George Chuvalo in FS-17-21568 Rahul Shastri, counsel for Mitchell Chuvalo and Vanessa Chuvalo in FS-17-21568

Heard: September 27, 2018

Endorsement

[1] This is the third endorsement arising out of the attendance by counsel on September 27, 2018 with respect to the motion by Joanne Chuvalo in FS-15-406705 for an order pursuant to Family Law Rule 25(19)(b) [1] and with respect to the motion by Joanne Chuvalo in FS-17-21568 for an order for directions [2].

[2] At the conclusion of hearing submissions on both motions I reserved decision. I did canvas with counsel the date for the next case conference and heard from some counsel, in a preliminary way, what ought to occur at that case conference. Mr. Shastri is not available on the date set out below. To the extent that I set any dates, I am confident that Mr. Shastri will provide his availability to Ms. Popovic-Montag.

[3] I indicated to counsel that I would provide this endorsement to incorporate the expectations for that case conference.

[4] One of the issues that arose during the submissions on September 27, 2018 was the extent to which evidence and productions in FS-15-406705 could be relied on in FS-17-21568 and vice-versa; and the impact of the “deemed undertaking” in subrule 30.1.01 and subrule 51.06(3). It was not necessary to resolve the issue for purposes of the motions heard that day but it does need resolution.

Order

[5] Counsel shall attend before me on December 19, 2018 at 10:00 and finishing no later than 1:00 p.m. for a case conference on the following issues: (a) the impact of subrule 30.1.01 and subrule 51.06(3) on these proceedings FS-15-406705 and FS-17-21568; (b) status report as to disclosure in the guardianship proceeding; (c) status report as to mandatory mediation in the guardianship proceeding; (d) if possible, set a date for a combined settlement conference and trial management conference in the family law proceeding FS-15-406705; (e) if possible, set a date for the hearing of the guardianship application FS-17-21568; (f) Such other issues as counsel agree or as I direct.

[6] By December 1, 2018, Mr. Fogelman in FS-15-406705 shall collaborate with Mr. Shastri and Ms. Popovic-Montag to attempt to arrive at consensus with respect to the impact of subrule 30.1.01 and subrule 51.06(3) and advise Mr. Christopher Graham and Mr. Bickhram in writing as to their proposal.

[7] By December 8, 2018, Mr. Christopher Graham and Mr. Bickhram shall respond in writing to Mr. Fogelman and Ms. Shastri and Ms. Popovic-Montag.

[8] If consensus emerges by December 8, Mr. Fogelman in FS-15-406705 shall prepare a draft order for review by other counsel with the expectation that counsel will bring an approved draft order to the case conference.

[9] If consensus does not emerge, then each counsel shall provide his/her position in the confirmation form.

[10] By December 12, 2018, each counsel in both proceedings shall send in a confirmation form listing (without argument or submissions) the issues s/he asks be considered at the case conference.

Kiteley J. Date: October 5, 2018