Court File and Parties

Newmarket Court File No.: FC-19-59057-00 Date: 20200515 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 defer making any endorsement so as to give them an opportunity to discuss with their lawyers the court’s recommendations and to ascertain the likelihood of a temporary, without prejudice agreement. The parties agreed with this approach.

[4] The court has now been advised that the parties have been unable to agree upon the details of a parenting plan during the current pandemic. The father wishes to bring a motion.

[5] Without prejudice to the mother’s right to argue that the relief to be asked by the father is not urgent, or pressing (and I express no view in that regard), the following is ordered:

(a) The father shall file his motion materials by Tuesday, May 19, 2020 (4:00 p.m.); (b) The mother shall file her responding material by May 28, 2020 (4:00 p.m.); (c) The issue to be determined is the children’s parenting arrangement and time with their father during the current pandemic. It is not necessary that the mother deliver a cross-motion as the issue of the children’s time with their father will be captured by the father’s motion; (d) Reply (if any) by the father to be delivered by June 1, 2020 (4:00 p.m.); (e) The parties’ affidavits for (a) and (b) above shall be limited to five pages, double-spaced, exclusive of exhibits. Reply shall be limited to three pages, also exclusive of exhibits; (f) Each party will have ten minutes to make their submissions: the father shall be entitled to a five-minute reply; (g) The parties shall append to their material their COVID-19 parenting proposal. This is additional to the page limitation set out in (e) above; (h) The court administration shall schedule the motion to proceed no earlier than June 2, 2020; (i) The parties shall be prepared at the end of argument to provide to the motion judge the amount that they may be claiming for costs in the event that they are successful; (j) The Family Law Rules requiring delivery of Form 14C motion confirmations is suspended.

[6] The parties are encouraged to exchange Family Law Rule 18-compliant Offers to Settle but those shall not be filed with the court before first obtaining direction from the motion judge after argument.

[7] In the circumstances of the COVID-19 emergency, the foregoing 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. The parties may submit a formal Order for signing and entry once the court re-opens.

Justice David A. Jarvis Date: May 15, 2020