Court File and Parties

Newmarket Court File No.: FC-19-59434-00 Date: 20200408 Ontario Superior Court of Justice

Between: Yahya Ahmadi, Applicant And: Niloofar Kalashi, Respondent

Counsel: E. Mazinani, Counsel for the Applicant S. Sarbazevatan, Counsel for the Respondent

Heard: In Writing

Jarvis J.

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] On April 3, 2020 the triage judge (McGee J.) dealt with an urgent motion by the applicant (“the father”) and made an Order dealing with financial issues between the parties but directed that the issues involving access to the parties’ 1 ½ year old son by the father be case conferenced. The parties had entered into a consent Order in December 2019 dealing with access that remains in full force and effect. McGee J. noted that it was not contested that the respondent (“the mother”) was in breach of the Order. The mother was cautioned by the learned judge about the serious consequences of Order non-compliance.

[3] The conference shall proceed as soon as practicable. The following directions shall apply:

(a) Court administration shall schedule the first available date for a Case Conference and 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 conference shall be restricted to dealing with access; (c) The Family Law Rules dealing with the format and delivery of Briefs and confirmation of the conference (i.e. Form 17F) are suspended, except as set out below; (d) The parties are to comply with the Notice to the Profession for the Central East Region dated April 1, 2020; (e) The total time allotted will be one-half hour; (f) Briefs may be signed electronically; (g) The father shall file his Brief by Tuesday April 14, 2020 (4:00 p.m.) and the mother her Brief by Friday, April 17, 2020 (4:00 p.m.). The Briefs are to be filed electronically; (h) Unless otherwise ordered, the Conference shall proceed before me no earlier than Tuesday April 21, 2020, with all material being provided to me by court administration no later than by 4:00 p.m. two days prior to the conference.

[4] In the circumstances of the COVID-19 emergency, these directions are deemed to be an Order of the Court that is operative and enforceable without any need for a signed or entered, formal, typed Order.

[5] Approval of this and any later Order dealing with the subject matter of this endorsement is dispensed with: the parties may submit formal Orders for signing and entry once the court re-opens; however, these directions are an effective and binding Order from the time of their release.

Justice David A. Jarvis Date: April 8, 2020