COURT FILE NO.: F140/20
DATE: 2020/03/30
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Derkach v Soldatova
BEFORE: Justice T. Maddalena
COUNSEL: Counsel for Applicant- Alexandra Cohan
E N D O R S E M E N T -- COVID 19 PROTOCOL
[1] As a result of Covid 19, regular Superior Court of Justice operations are suspended, as set out in the Notice to Profession dated March 15, 2020.
[2] In accordance with the Regional Notice to the profession, electronic materials were filed by the Applicant as follows:-
Form 14 Notice of Motion, dated March 23, 2020;
Affidavit of Service sworn March 24 2020 (indicating service on the Respondent on March 24/20 of motion and affidavit);
Affidavit of Applicant Father with exhibits A-H inclusive sworn March 23/20.
No materials were filed by the Respondent Mother.
[3] This matter has been referred to me as Triage Judge for a determination of urgency.
[4] For the reasons which follow, I have determined that this matter is not urgent.
[5] In the Notice to the Profession dated March 15/20, urgent family matters during covid 19 are defined as those matters pertaining to the safety of a child or parent.
[6] Based on the evidence before me, the children are safe.
[7] Furthermore, in this case there has been no case conference, nor is there a court order in place.
[8] There are allegations that the children, who are ages 12 and 6 years, do not wish to attend access with the applicant or that the respondent mother is refusing to send them for access. There are further allegations that due to one child refusing to go for access, the other child also refuses to go. It is clear there are a number of issues that will be dealt with during the ordinary course of this litigation, however, these are not urgent. These children need their parents to act reasonably and responsibly at this time.
[9] This matter may require the assistance of the OCL.
[10] It also requires a case conference.
[11] During these difficult and unprecedented times, the court asks both parents to consider first and foremost the best interests, health and safety of their children and asks them to set aside their conflict.
[12] I am adjourning this motion to June 9, 2020 at 10:00 am to set a case conference date. The parties may also address the OCL at that time.
“Justice T Maddalena”
DATE: March 30,2020