Court File and Parties
Newmarket Court File No.: FC-18-55360-00 Date: 20200415 Ontario Superior Court of Justice
Between: Chuxin Chen Applicant – AND – Zhenxu Jin Respondent
Counsel: Marcy Segal, Counsel for the Applicant Omer Chaudhry, Counsel for the Respondent
Heard: In Writing
Ruling on Urgent Motion Request
Jarvis J.
[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 husband”) has brought an urgent motion requesting leave and, if granted, an Order dealing with the upcoming sale of the parties’ matrimonial home scheduled to be completed on May 1, 2020. His extensive motion material was served on the applicant (“the wife”) on April 14, 2020. The husband has not complied with the April 1, 2020 CER Notice to the Profession (paragraph 5) restricting material in support of Urgent Motion requests to four pages inclusive of exhibits (“the CER Notice”).
[3] Despite the husband’s failure to comply with the CER Notice, it is my view that the relief requested meets the urgency requirements set out in the Chief’s Notice.
[4] The following is ordered:
(a) A teleconference motion shall proceed with me on a date to be fixed by Court Administration no earlier than Thursday, April 24, 2020; (b) No other issue may be argued or motion brought by either party than now raised by the husband dealing with the upcoming sale of the matrimonial home; (c) The wife shall deliver her material in response to the husband’s motion by Friday, April 17, 2020 (3:30 p.m.). The response shall not exceed four pages in length (the same as the husband) exclusive of exhibits and shall be restricted to responding to the allegations contained in the father’s affidavit sworn on April 14, 2020; (d) The father shall deliver his reply (if any) by Tuesday, April 21, 2020 (3:30 p.m.). It shall not exceed three pages, exclusive of exhibits; (e) In addition, the father shall file with the court by the time set out in (d) above, a copy of the Arbitration Award made by Mr. Herschel Fogelman dated June 14, 2019; (f) If either party is unable to have their affidavit sworn or affirmed, as the case may be, that will be done by the Court at the start of the motion teleconference before the motion proceeds; (g) All material shall be served and filed electronically; (h) All material shall be provided to me by Court administration by no later than 4:00 p.m. two days before the matter is scheduled to be argued; (i) Confirmation that the motion is proceeding (i.e. delivery of a Form 17F) is dispensed with. If the parties settle the motion before the teleconference, they must so advise the Court forthwith and provide a draft Order to issue on consent; (j) Each party will have no more than 10 minutes to make their submissions; the father shall be entitled to a 5 minute reply; (k) The parties are to confirm to the other before the motion proceeds (but not file with the court) the amount for costs that they will be seeking if successful. I may give different directions for costs after argument.
[5] 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.
[6] Approval of this Order dealing with the subject matter of this endorsement is dispensed with: the parties may submit a formal Order for signing and entry once the court re-opens; however, these directions are an effective and binding Order from the time of their release.