Court File and Parties
Date: 2020-04-02 Superior Court of Justice – Ontario – Family Court
Re: Loridana Migliano Nasso, Applicant And Salvatore Nasso, Respondent
Before: The Honourable Justice D.A. Jarvis
Counsel: Mark Greenstein, for the Applicant Christine Ashbourne, for the Respondent
Heard: April 2, 2020 - Electronically
Endorsement
[1] As a result of COVID-19 regular Superior Court of Justice operations are suspended at this time as set out in the Notice to Profession, the Public and Media Regarding Civil and Family Proceedings of the Chief Justice of Ontario. See the Notice to the Profession dated March 15, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ [“the Chief’s Notice”].
[2] This matter was referred to me as I am the triage judge.
[3] The applicant (“the mother”) has brought a Form 14B urgent motion and a Form 14 motion for the partial release to her of funds held in trust from the sale of the parties’ former matrimonial home that was sold on February 28, 2020. The motions and the mother’s sworn affidavit material were served by email on the father’s lawyer on April 1, 2020, around mid-day. The motion material indicated that opposition was expected but as of this endorsement nothing has been received from the father.
[4] Based solely on the mother’s material, the relief she is requesting is urgent. The father shall have until 3:00 p.m. today to deliver his response to the motions. Directions may be given if material is filed by him. A written decision will be issued.
[5] These are exceptional times. The parties should be guided by the observations of Pazartz J. in Ribeiro v. Wright, 2020 ONSC 1829, with which I wholly concur:
- Judges won’t need convincing that COVID-19 is extremely serious, and that meaningful precautions are required to protect children and families. We know there’s a problem. What we’re looking for is realistic solutions. We will be looking to see if parents have made good faith efforts to communicate; to show mutual respect; and to come up with creative and realistic proposals which demonstrate both parental insight and COVID-19 awareness. (bolding added)
[6] Although those observations were made in the context of a parenting dispute, they are equally valid with respect to pressing financial issues.
The Honourable Justice D.A. Jarvis Released: April 2, 2020
[1] 2020 ONSC 1829.