Court File and Parties
Court File No.: FC-19-70-0 Date: 20200327 Superior Court of Justice – Ontario
Re: Marguerite Jane Baker, Applicant And Barry Harold David Maloney, Respondent
Before: Justice Stanley J. Kershman
Counsel: Wade L. Smith, Counsel for the Applicant Beverley Johnston, Counsel for the Respondent
Heard: By Correspondence
Endorsement
amended March 25, 2020
[1] As a result of the COVID-19 Pandemic (“Pandemic”), operations of the Superior Court of Justice have been suspended as set out in the Notice to the Profession dated March 18, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/.
[2] Correspondence was received from each counsel in relation to the non-payment of an outstanding spousal support order. Due to the Pandemic, the Court does not have access to the file. Therefore, particulars of previous orders are not included in this endorsement.
[3] The arrears were to have been paid by March 9, 2020 and were not paid. A further endorsement was made requiring payment to be paid by March 26, 2020.
[4] According to a letter from the Royal Bank of Canada (“Bank”) dated March 19, 2020, Mr. Maloney purchased a bank draft on March 10, 2020, for the amount of $10,525. He reattended at the branch to advise that he lost the draft and made a request for it to be stopped and replaced.
[5] According to the Bank, the earliest that Mr. Maloney can request a refund of the draft is March 25, 2020. Thereafter the Bank will wait 10 days and then allow Mr. Maloney can purchase a new draft.
[6] According to the Court’s calculations, he can purchase a new draft on April 6, 2020, taking into account the weekends.
[7] As of March 25, 2020, both the Province of Ontario and the City of Ottawa have declared States of Emergency. No one knows how long it will last, nor the effects of this Pandemic.
[8] The Court realizes that this is not a motion and that no motion materials have been placed before the Court. Rather this is a follow up to see if Mr. Maloney has complied with the previous court orders.
[9] The Court is aware that Mr. Maloney is elderly and may be restricted in his ability to replace the draft.
[10] At the same time, he is still obligated to comply reasonably with Court orders.
[11] Under the circumstances with governments and other institutions struggling to cope with COVID-19, the Court orders that Mr. Maloney replace the draft by April 7, 2020 and make arrangements with his counsel to obtain the draft and provide it to counsel for Ms. Baker, as long as it is safe to do so.
[12] In any event, counsel shall write to the Trial Coordinator to provide an update of the status of this matter by April 9, 2020. The Court can then decide on how to proceed.
[13] Hopefully by April 7, 2020, our world as we formerly knew it, will return.
[14] Order accordingly.