Court File and Parties
Newmarket Court File No.: FC-18-57735-00 Date: 2020-06-26 Superior Court of Justice - Ontario
Re: Rose Yekta, Applicant And: Abdolmajid Najafi, Respondent
Before: The Honourable Mr. Justice D.A. Jarvis
Counsel: Shahram Bahmadi, Counsel for the Applicant Naser Abedi, Counsel for the Respondent
Heard: In Writing
Ruling on Urgent Motion Request
[1] The applicant (“the wife”) has brought a motion requesting leave to proceed with an urgent motion for spousal support from the respondent (“the husband”). Pursuant to a Notice to the Profession and Family Law Litigants and Protocol for Central East Region (“the CER Notice”) effective today there is no longer a requirement for leave on the basis of urgency if a case conference has already been held, as it has in this matter. The wife’s motion was served before the CER Notice was promulgated.
[2] On February 12, 2020 Kaufman J. adjourned to April 29, 2020 a motion by the wife for spousal support. In the interim all scheduled court matters were adjourned by Order of the Chief Justice of Ontario. In accordance with the CER Notice the wife must file an Assignment Court Confirmation request to proceed with her intended motion. Accordingly, it is unnecessary to deal with the wife’s motion now before the court. It is dismissed without prejudice.
[3] The parties should be mindful of the requirements in the CER Notice for motions at this time.
Justice David A. Jarvis
Date: June 26, 2020