Court File and Parties

COURT FILE NO.: 384/20 DATE: 2020-04-27 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Jesse Girard, Applicant AND: Holly Laufman, Respondent

BEFORE: The Honourable Mr. Justice A. Pazaratz

COUNSEL: Self-Represented Applicant

HEARD: In Chambers – Triage Endorsement

Endorsement

[1] AS A RESULT OF COVID-19, the regular operations of the Superior Court of Justice are suspended at this time, as set out in the Notice to the Profession dated March 15, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/.

[2] For the moment, the court is prioritizing “urgent” matters. A supplemental Notice to the Profession dated April 2, 2020 sets out a narrow list of less urgent matters the court will attempt to deal with, as time and resources permit. (Further information is available in the April 7, 2020 “Protocol Regarding Family and Child Protection Matters in Central South Region”.)

[3] This motion was referred to me as Triage Judge for a preliminary determination of urgency and of how this matter should proceed. Determinations of urgency are summary in nature, and wholly without prejudice to both parties on the hearing of the motion itself.

[4] Electronic materials were filed through the Courthouse email address: Hamilton.Family.Superior.Court@ontario.ca. Upon the resumption of court operations all materials will be duly filed in the physical record at the courthouse.

[5] I have received and reviewed the following materials: a. Applicant father’s 14B motion dated April 24, 2020 b. Applicant’s affidavit (with numerous attachments) dated April 24, 2020.

[6] However, there is no affidavit of service attached.

[7] The subject matter is fairly straightforward: a. The parties have a four-year old child of an unmarried relationship. b. Pursuant to a final order of Justice Baker dated June 1, 2018 the mother has custody and the father has significant access including alternate weekends. c. The father says he was having regular access until very recently. d. The father says he expressed concerned about whether the mother was adhering to appropriate COVID-19 precautions. e. He says now the mother is expressing the same concerns about him, and she is denying access.

[8] The father provides no information to explain why he hasn’t served the materials on the mother. In the circumstances, there is no basis for this matter proceeding without notice. The mother should be fully aware of what the father is requesting of the court, and she should have an opportunity to respond.

[9] There is also a procedural issue: a. The final order was granted in Cayuga. b. But the mother and child now reside in Hamilton, so it is understandable that the father elected to address this in the Hamilton court. c. However, even though the father has obtained a court file number in Hamilton, he has not actually commenced either an application or a motion to change in Hamilton. d. The court can only make an order if there is a court application or motion outstanding. e. The father should get some legal advice about this.

[10] For all of these reasons, I am not allowing the father to proceed with his materials as currently presented.

[11] At the very least, he should serve the mother with any materials he wishes to present to the court.

[12] Before this goes any further, I would suggest that both parties review this court’s endorsement in Ribeiro v Wright 2020 ONSC 1829. In that decision, the court explains carefully that there is a strong presumption that access arrangements should continue, subject to both parties ensuring that COVID-19 precautions are adhered to.

[13] Whether the father proceeds with any further court proceedings, he should provide the mother with a copy of this endorsement forthwith.

[14] Any self-represented party should obtain legal advice as quickly as possible, and in any event before any hearing by teleconference.

[15] The Court has been advised that legal information may be available to individuals who qualify, through the Law Society of Ontario at the following phone numbers: Toll-free: 1-800-268-7568; General: 416-947-3310. If the parties qualify, they may also wish to contact the Client Service Centre of Legal Aid Ontario at 1-800-668-8258.

Pazaratz A. Date: April 27, 2020