Ontario Superior Court of Justice (Windsor) 245 Windsor Ave., Windsor, ON N9A 1J2
Endorsement / Page d’inscription
Applicant(s) / Requérant(e)(s): Katherine Ann Burns Counsel / Avocat(e): T. Stomp
Respondent(s) / Intimé(e)(s): Peter Martin Stanley Burns Counsel / Avocat(e): J. Patterson
THIS MOTION HAS BEEN BROUGHT PURSUANT TO THE PROTOCOL IN PLACE DURING SUSPENSION OF NORMAL COURT OPERATIONS DUE TO THE COVID-19 OUTBREAK.
DATE: April 15, 2020 APPEARANCES: In writing by the respondent (moving party)
Endorsement of Triage Justice
HEBNER J.
[1] The applicant and respondent have two children, Thomas Xavier Martin Burns born May 21, 2006 and Gwen Elizabeth Booth Burns born October 18, 2010. The parties share parenting of the children pursuant to the court orders of Howard J dated September 18, 2015 and Bondy J dated October 13, 2017.
[2] The respondent father is a nurse practitioner at Windsor Regional Hospital. Commencing March 25, 2020, the applicant began to withhold the children from the respondent. The respondent wishes to bring an urgent motion for an order that the applicant comply with the parenting arrangement as set out in the Howard J. order and the Bondy J. order.
Urgency
[3] This matter comes before the court during a time when the court has suspended its normal operations due to the global COVID-19 pandemic. At this time, the court is only hearing matters that meet the definition of urgency set out in the Notice to the Profession of the Chief Justice of Ontario, (the “Chief Justice’s notice”). The Chief Justice’s notice includes the following:
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;
[4] A determination as to whether a matter meets the definition of urgency is intended to be simple and expeditious. It is not intended to be a motion in and of itself. (see Onuoha v. Onuoha, 2020 ONSC 1815)
[5] To determine the issue of urgency, I have reviewed the two-page letter from counsel for the respondent submitted in compliance with the notice to the profession issued on April 2, 2020 by Thomas RSJ. I have also reviewed the notice of motion and the orders of Howard J. and Bondy and J. referred to above.
[6] It is my view that the requested motion meets the definition of urgency set out in the chief’s notice as it relates to the well-being of these two children and the alleged wrongful retention of the children from their father. Accordingly, the motion may proceed.
[7] My determination on urgency is without prejudice to any position the parties may take before the motions judge. In addition, my determination on urgency is a preliminary determination only, and is subject to any ruling on the issue of urgency that may be made by the motions judge, who will have had the benefit of a review of the motion materials of both parties along with submissions of counsel.
[8] I make the following order:
- The applicant shall serve and file her responding motion materials by Monday, April 20, 2020 at 4:00 p.m.
- The respondent shall serve and file any reply material by Wednesday, April 22, 2020 at 4:00 p.m.
- The affidavits shall be those of the parties only and are limited to 10 pages plus relevant exhibits. The parties and counsel are encouraged to focus their efforts towards the resolution of the one urgent issue before the court, namely whether the parenting arrangements set out in the existing court orders are to continue during the COVID 19 pandemic.
- The motion shall be heard by conference call on a date to be set by trial coordination in consultation with the motions judge any time after April 22, 2020.
“Electronic Signature signed and released by Hebner J.” Pamela L. Hebner Justice