Superior Court of Justice – Ontario

Court File No.: FS-19-96672-00 Date: 2020-04-17

Re: Julian Chambers, Applicant And: Mariusz Klapacz, Respondent

Before: Bloom, J.

Counsel: J. Mammon, for the Respondent, the Moving Party L. Jackson Lawrence, agent for counsel for the Applicant, the Responding Party

Heard: 2020-04-16 by teleconference

Endorsement

[1] The Respondent has moved for access and video call access with the son of the parties, Marcus Liam Chambers Klapacz, born September 13, 2017.

[2] The Applicant does not oppose that access, but has brought a cross-motion for an order relating to vaccinations of the child. Since that motion was only brought with one day notice to the Respondent, I have adjourned it on terms as set out below.

[3] The motion by the Respondent is based on a denial of access as set out in a consent order of December 12, 2019 made in the Ontario Court of Justice. There is an issue as to the continued enforceability of that order, having regard to a stay of the proceeding in the Ontario Court of Justice; however, I need not address that issue, since I am making an order in the proceeding in the Superior Court of Justice under the Divorce Act.

[4] The test I am applying is the best interests of the child. I also have regard to the principle encouraging maximum contact of the child with his parents.

[5] Having regard to the Applicant’s not opposing the order sought I make the following order on a temporary without prejudice basis: (a) every other Saturday commencing April 18, 2020 the Respondent shall have access to the child from 12:00 pm to 6:00 pm; (b) every Sunday commencing April 19, 2020 the Respondent shall have access to the child from 10:00 am to 8:00 pm; (c) the Respondent shall be responsible for all pick-ups and drop-offs of the child, texting the Applicant on his arrival for pick up or drop off; (d) the Respondent shall comply with all governmentally recommended or mandated protocols regarding protection against Covid-19 in respect of the child and himself; (e) neither party shall speak badly of the other in the actual or virtual presence of the child; (f) every Tuesday and Thursday during the Covid-19 pandemic the Respondent shall have virtual access to the child by video from 10:30 am to 10:50 am; (g) that virtual access shall change to 7:00 pm to 7:20 pm if the Respondent becomes employed; (h) the Respondent shall initiate the video calls, and the Applicant shall facilitate them, including making sure that the camera is focussed on the child during the calls; and (i) this order is to enforced, if necessary, by any police force operating within the jurisdiction of this court.

[6] I am setting the following timetable for remaining steps in this matter and the cross-motion by the Applicant: (a) by April 24, 2020 the Respondent is to serve the Applicant by e-mail to her counsel and file with my assistant by e-mail at Sara.Stafford@ontario.ca any responding affidavit, legal argument limited to three pages on the Applicant’s motion and on the issue of costs on his own motion, (and an affidavit of service of those materials is to be part of the filing with Ms. Stafford); (b) by April 28, 2020 the Applicant is to serve the Respondent by e-mail to his counsel and file with my assistant by e-mail at the above e-mail address any reply affidavit on her own motion, legal argument limited to three pages on her motion and the issue of costs on the Applicant’s motion (and an affidavit of service of those materials is to be part of the filing with Ms. Stafford); (c) the parties may submit authorities and a bill of costs in addition to those legal arguments; (d) the hearing of the Applicant’s motion shall be on April 30, 2020 at 10:00 am by teleconference; (e) the parties on April 30 are to call either local (416) 212-8014 or toll free 1-866-500-5845 and enter the conference ID 5244144; (f) the parties shall on April 30 be prepared to address the issue of costs on the Applicant’s motion; that matter shall be addressed, if possible at that time; (g) the Applicant on April 30 shall have 25 minutes to address her motion and the issue of costs on the Respondent’s motion; (h) the Respondent shall have 25 minutes to address those issues; and (i) the Applicant shall have 10 minutes in reply.

[7] The parties are to file with the court in paper form all materials relied upon on both motions and pay any filing fee due, once regular court operations resume.

[8] The orders made herein are in force upon release of this endorsement.

Justice Ivan Bloom

Date: April 17, 2020