Court File and Parties

DATE: 2020-04-07

SUPERIOR COURT OF JUSTICE – ONTARIO – FAMILY COURT

RE: Mahmoubeh Ghazanfari, Applicant and Parviz Pasalar, Respondent

BEFORE: The Honourable Justice D.A. Jarvis

COUNSEL: Usman Sadiq, for the Applicant Elena Mazinani, for the Respondent

HEARD: April 7, 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, as revised on April 2, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/ [“the Chief’s Notice”].

[2] The respondent (“the father”) father has brought a motion requesting an urgent Case Conference to deal with the alleged denial of access by the applicant (“the mother”) to the parties’ two children.

[3] The motion is granted. The following directions shall apply:

(a) The parties are to schedule the first available date for a Case Conference through the trial offices. Court administration shall fix a date in the event that the parties are unable to agree or a party fails or refuses to provide a timely date;

(b) The Family Law Rules dealing with the format and delivery of Briefs and confirmation of the conference scheduled are suspended, except as set out below;

(c) The parties are to comply with the Notice to the Profession for the Central East Region dated April 1, 2020;

(d) No more than two issues may be conferenced. The total time allotted will be ½ hour. If practical, the parties or their lawyers (if one or both of the parties are represented) are expected to discuss, and agree upon, the conference issues before the conference;

(e) If a party is unable to sign, electronically or otherwise, their Brief, their lawyer may sign it on their client’s behalf with the client’s approval;

(f) The father shall file his Brief by Thursday, April 9, 2020 (4:00 p.m.) and the mother her Brief by Tuesday, April 14, 2020 (4:00 p.m.). The Briefs are to be filed electronically;

(g) The Conference shall be scheduled to proceed no earlier than Thursday April 16, 2020, with all material being provided to the Case Conference Judge by court administration no later than by 4:00 p.m. on the day prior to the conference.

[4] The parties are to consider the observations of Pazaratz J. in Ribeiro v. Wright 2020 ONSC 1829, 2020 CarswellOnt 4090 (S.C.J.). They will be expected to have realistic solutions to the disputed issues which take into account the current COVID-19 crisis.

The Honourable Justice D.A. Jarvis

Released: April 7, 2020