Court File and Parties

Newmarket Court File No.: FC-19-59057-00 Date: 2020-04-21 Superior Court of Justice - Ontario

Re: Fanny Cicci, Applicant And: Michael Cicci, Respondent

Before: The Honourable Mr. Justice D.A. Jarvis

Counsel: Philip Viater, Counsel for the Applicant Charles Mota-Duarte, Counsel for the Respondent

Heard: April 21, 2020

Urgent Case Conference Endorsement and Order

[1] On April 9, 2020 MacPherson J. granted an urgent motion by the respondent (“the father”) for a Case Conference. I had conferenced this matter before the current COVID-19 pandemic.

[2] The conference proceeded today on the parenting issues impacting the parties’ two young children who reside with their mother. The parties also participated. Both lawyers addressed the parenting issues and their comments were briefly supplemented by their clients. I expressed my views about what would likely happen on a going-forward basis but for the current COVID-19 pandemic in respect to which it is hoped that, based on government and healthcare protocols, there may soon be a lessening of physical-distancing and self-isolation guidelines. Recommendations were also given.

[3] The parties were informed at the start of the conference and when it ended that I intended to make an endorsement that anticipated that they would discuss with their lawyers my recommendations and then the lawyers would ascertain the likelihood of an agreement being made on any of the conferenced issues. The parties agreed with this approach.

[4] Accordingly, the following is ordered: (a) The parties are to advise the judicial assistant (Meghan.Billings@ontario.ca) by Thursday, April 23, 2020 whether they are able to agree on any of the conferenced issues and, if so, their next steps. This shall be accomplished by a collaborative letter from the lawyers. If more time is needed, the judicial assistant should be so advised and a timeline identified; (b) If the lawyers are unable to collaborate upon the letter in (a) above, they may separately forward to the judicial assistant their client’s position about the next step in these proceedings in a brief email; (c) Subject to the foregoing, I will give next event directions upon hearing from the lawyers.

[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 and any later 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, this endorsement is an effective and binding Order from the time of its release.

Justice David A. Jarvis Date: April 21, 2020