Court File and Parties
COURT FILE NO.: FC-17-842-01
DATE: 20200305
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Paula Copegog, Applicant
AND:
Andrew Copegog, Respondent
BEFORE: The Honourable Justice R. S. Jain
COUNSEL: Heather McKnight, Duty Counsel for the Applicant
E. Osipov as agent for Dale Lediard, Counsel for the Respondent
HEARD: March 5, 2020
ENDORSEMENT
[1] Regarding applicant’s motion for an extension of a restraining order of Boswell J., February 19, 2020, granted by way of urgent motion (without notice) and extended on February 27, 2020 by Healey J.
[2] Respondent seeks an order terminating the restraining order today as he takes the position there are no grounds for same.
[3] Section 46 of the Family Law Rules is discretionary in that it does not give very much guidance as to when a Restraining Order should be made. The only grounds are “if the applicant has reasonable grounds to fear for his or her own safety or for the safety of any child in his or her lawful custody.” Therefore, there needs to be a factual basis for the conclusion that there exists a reasonable ground for the applicant’s fear and a reasonable danger that one spouse will molest, annoy or harass the other.
[4] I find that the applicant has shown reasonable grounds to fear for her safety.
[5] Although both parties have factually different versions of what happened in Cuba during their vacation, it is clear to the court that something serious did occur, that it involved a physical altercation and that the applicant was harmed sufficiently enough that she required medical attention. It is also not clear whether this was an isolated incident.
[6] I am not confident that the respondent’s proposals to reside in the matrimonial home on a week about basis or with imposed boundaries will be sufficient to keep the peace and prevent contact and further conflict between the parties.
[7] For all these reasons I am granting the restraining order requested by the applicant on a temporary basis on the same terms as the February 19, 2020 order until the court orders it is terminated or changed, or the parties consent to same.
JAIN J.
Date: March 5, 2020