Hidalgo v. Marfetan, 2020 ONSC 3981

Court File and Parties

Newmarket Court File No.: FC-16-51417-01 Date: 20200626 Superior Court of Justice - Ontario

Re: Jacob Mesias Hidalgo, Applicant And: Monica Victoria Marfetan, Respondent

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

Counsel: Morgan Copeman/Barry Nussbaum, Counsel for the Applicant Jared Persaud, Counsel for the Respondent

Heard: In Writing

Urgent Motion Request

1The applicant (“the father”) brought a 14B Motion on June 22, 2020 seeking leave to have an urgent motion heard. 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.

2There is no reference in the motion to the relief sought. However, the father’s evidence (contained in an affidavit sworn by a law clerk in the offices of his counsel) says that the respondent (“the mother”) has been refusing the father in-person access to the parties’ child since March 20, 2020. Before then access took place pursuant to an Order of McGee J. dated September 16, 2019 at one of two supervised access facilities both of which are now said to be COVID-closed. Video-access has been permitted by the mother. The clerk’s affidavit says that the father has exhausted all reasonable suggestions for re-instituting some form of in-person access.

3The father’s motion was brought before the CER Notice was promulgated. The CER Notice requires a litigant to file a written Assignment Court Confirmation request before a date will be assigned for any motion. Accordingly, it is not necessary to deal with the father’s motion for leave. It is dismissed without prejudice.

4The parties should be mindful of the CER Notice requirements for motions at this time.

5In the circumstances of the COVID-19 emergency, this Order is operative and enforceable without any need for a signed or entered, formal, typed Order. Approval is dispensed with. The parties may submit a formal Order for signing and entry once the court re-opens.