Court File and Parties

COURT FILE NO.: FC-17-53910-00 DATE: 2020-04-07 SUPERIOR COURT OF JUSTICE – ONTARIO – FAMILY COURT

RE: Massimo Domenico Cimitan, Applicant and Jessica Anne Tarsitano, Respondent

BEFORE: The Honourable Mr. Justice Kaufman

COUNSEL: Massimo Domenico Cimitan, Self-Represented Jessica Anne Tarsitano, Not Served

HEARD: Electronically (in Chambers)

Ruling on Motion

[1] As a result of COVID-19, the regular operations of the Superior Court of Justice are suspended 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] Pursuant to this notice, only urgent family law events as determined by the presiding justice, or events that are required to be heard by statute will be heard during this emergency period, including:

(a) requests for urgent relief relating to the safety of a child or parent (e.g., a restraining order, other restrictions on contact between the parties or a party and a child, or exclusive possession of the home); (b) urgent issues that must be determined relating to the well-being of a child including essential medical decisions or issues relating to the wrongful removal or retention of a child; (c) dire issues regarding the parties’ financial circumstances including for example the need for a non-depletion order.

[3] Pursuant to an amended Notice to the Profession for Central East Region dated April 1, 2020, the services available to the public has been expanded effective April 6, 2020 to include consent 14B motions.

[4] The applicant moves by 14B, without notice, seeking access to his daughter, police enforcement and make-up visits for cancelled access. His affidavit sworn April 6, 2020 gives no information as to the child’s age, the status of court proceedings or whether or not there is a current temporary or final order in place. The 14B appears to indicate that this matter may have been in court on November 14, 2019.

[5] There is little if any information before this court to assess the urgency of this motion. The supporting affidavit makes no mention of the child’s situation. It refers to hearsay statements from others including the respondent mother and the Children’s Aid Society. More so, the respondent has not been served.

[6] It is expected that parents involved in parenting disputes must try to resolve these disputes, wherever possible, outside of Court. Currently, the services of this Court are strained and must be readily available to the most urgent scenarios. The gist of the applicant’s affidavit indicates a bare minimum factual situation. He attests to misleading the respondent about his residential placement to deal with an addiction issue. He implies that the respondent has recently delivered a baby, which will require her to attend at weekly doctor appointments which will potentially imperil the health of the child at the core of this dispute. He states that he had been promised access only to have it denied and that the police have been unable to assist him but feel that the respondent is morally wrong. He mentions some CAS involvement without written correspondence from CAS. There is little, if anything, upon which I can assess whether or not an urgent situation exists regarding this child of an unknown age.

[7] The applicant is encouraged to seek legal advice. Legal Aid Ontario has recently advised that summary legal advice services will be available through their telephone lines regardless of financial eligibility, but still subject to subject matter restrictions. Information about access to these services is available at: https://www.legalaid.on.ca/news/changes-to-summary-legal-advice-services-at-legal-aid-ontario-due-to-covid-19-pandemic/.

[8] The Law Society of Ontario in conjunction with others is offering an emergency service to connect self-represented litigants with family lawyers, working on a pro bono basis, who will provide 30 minutes of legal advice specific to determining whether or not their family court matter is urgent and referrals to other available legal services. Self-represented parties can call:

Toll-free: 1-800-268-7568 General: 416-947-3310

[9] The motion, in its current format, is dismissed without prejudice to being refiled. Any new motion and supporting material shall be served by the applicant upon the respondent, using a third party to effect service. The applicant shall also have the respondent served with the current motion and affidavit and a copy of this Endorsement. All materials to be relied upon by either of the parties shall be filed at Newmarket.scj.tc@ontario.ca.

The Honourable Justice R.P. Kaufman Released: April 7, 2020