Court File and Parties

COURT FILE NO.: FC-20-178-0000 DATE: 2020-04-06

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Danielle Elizabeth Harrington, Applicant John-David Dennison, Respondent

BEFORE: Madsen J., In Chambers

COUNSEL: Mr. Alex Toolie for the Applicant

HEARD: In Chambers

ENDORSEMENT -- COVID 19 PROTOCOL

[1] AS A RESULT OF COVID-19 the regular operations of the Superior Court of Justice operations at this time, as set out in the Notice to the Profession dated March 15, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/.

[2] In accordance with the Regional Notice to the Profession dated March 24, 2020, electronic materials were filed by the Applicant mother, Danielle Elizabeth Harrington. She asks that the court make an order on an urgent basis for a restraining order against the Respondent father John-David Dennison. She also seeks an order that the father have no access until further order of the court, permission to serve Mr. Dennison by email, and a police enforcement clause.

[3] This matter was referred to me as Triage Judge for a determination of urgency and of how this matter should proceed.

[4] The following materials were filed with the court by email at Kitchener.Superior.Court@ontario.ca:

a. Notice of Motion dated April 1, 2020; b. Affidavit of Ms. Harrington sworn April 1, 2020.

[5] None of the materials have as yet been served on the father.

[6] In her affidavit, Ms. Harrington states as follows:

a. The parties were previously in a relationship. They have an infant daughter, who is 16 months’ old. b. There was a history of violence by the father against the mother throughout the relationship. c. The parties separated on February 5, 2020 after an incident which resulted in the father being charged with assault causing bodily harm, strangulation, assault, and a historical assault against the mother. d. During the incident on February 5, 2020, the father assaulted the mother while she was holding the child. The mother says the assault took 45 minutes, and that the father punched her in the face, shoved her to the ground, and strangled her against the kitchen wall. She ran upstairs and called her mother. Her parents attended the home to try to deescalate the situation. The father assaulted the mother’s parents, pulling out “a chunk” of her mother’s hair. e. The father is currently in custody but the mother is afraid he may be released from custody “any time now.”

[7] As the materials have not been served, the father’s perspective is not known, and the court has only the mother’s sworn evidence.

[8] On the materials before the court I find that the matter is urgent and grant the orders as sought on a temporary without prejudice basis. I have signed the orders.

[9] The father may serve and file a responding affidavit by email to the mother’s counsel at Alex@kwlawoffice.ca and, once served, to the court at Kitchener.Superior.Court@ontario.ca until April 13, 2020 at 5:00 p.m. If no responding material is filed within that time, the matter will be returned to me in chambers. If responding material is received, the matter will be scheduled for a teleconference before me to take place before April 20, 2020. In that case the Trial Coordinator will advise the parties by email of the date and time of the hearing, and of the call-in information for the hearing.

[10] All of the materials on this motion, as well as this endorsement and the resulting orders, shall be served upon the father by email as sought in the motion, as well as by courier to the correctional facility where the father is being held, if the location is known.

Madsen J.

DATE: April 6, 2020