Court File and Parties

COURT FILE NO: FC-20-576 DATE: 2020/03/30 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Patricia Ann Guerin, Applicant AND Hugo Guerin, Respondent

BEFORE: J. Mackinnon J.

COUNSEL: Manraj Grewal for the Applicant Bruno Sharpe for the Respondent

HEARD: March 30, 2020

Endorsement

[1] This is an opposed motion in writing brought by the applicant seeking leave to proceed to an urgent motion for exclusive possession of the matrimonial home and related relief. The motion is made pursuant to the Notice to the Profession issued by the Chief Justice of this Court in relation to the Court’s response to the Covid 19 crisis, in particular to the type of family law matters that may be heard until further notice.

[2] I have read the affidavit materials delivered by both parties. I am satisfied that the proposed motion meets the criteria set by the Chief Justice in relation to the health and medical safety of the applicant and potentially the children of the marriage. The applicant has set forth a prima facie case, supported by a medical letter and record, that her medical conditions put her into a vulnerable category at the present time, and that the respondent is not respecting the “stay at home” recommendations. She has provided several examples of him leaving the house for several hours for what are arguably non-essential reasons.

[3] One of the parties children has asthma as does the applicant’s older son from a prior relationship who is also living in the home.

[4] The respondent disagrees that his actions are putting her or the children at risk. He states that when he is out of the house he is walking, driving, or visiting his new partner who he says is also respecting social distancing.

[5] The purpose of this ruling is not to decide the merits or determine the factual disputes between the parties. Rather it is to ascertain whether the applicant’s proposed motion comes within the Chief Justice ‘s criteria for urgency. In view of her many and serious medical issues, including systemic lupus for which she is prescribed immunosuppressant medication, asthma, and supra ventricular tachycardia, I conclude that she has. Permission is granted for the proposed motion to proceed to hearing.

Dated at Ottawa this 30 March 2020

Justice J Mackinnon (this is my electronic signature)