Court File and Parties
NEWMARKET COURT FILE NO.: FC-16-51947-01 DATE: 20200710 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Kaspars Zvirbulis, Applicant AND: Yana Peregudina, Respondent
BEFORE: The Honourable Mr. Justice D.A. Jarvis
COUNSEL: Kaspars Zvirbulis, Self-Represented Alexandra Abramian, Counsel for the Respondent
HEARD: In Writing
RULING ON URGENT MOTION #2
[1] On July 6, 2020 this court released a Ruling dealing with a motion by the mother for daycare arrangements for the parties’ child. [1] Although served, the father did not respond.
[2] The mother has now brought a second motion because she alleges that since he received my Ruling the father has actively tried to undermine it and threatened the operators of the daycare such that it will no longer permit the child to attend unless and until the father is no longer permitted to have dealings with it.
[3] The father’s actions, if true, are serious. Court Orders are not suggestions: there are consequences to Order non-compliance. Although the father was only served with the mother’s material on July 9, 2020, the situation is sufficiently concerning to the court that the Order requested by the mother should be granted. The father will be given an opportunity to respond but not at the risk of jeopardizing the child’s daycare attendance as ordered.
[4] Accordingly,
(a) the relief sought by the mother in paragraphs 1-4 of her Notice of Motion is granted;
(b) The father shall have until Wednesday, July 15, 2020 (3:00 p.m.) to file with the court an affidavit in response to the mother’s affidavit, particularly with respect to explaining his contacts with the daycare;
(c) The mother shall have until July 17, 2020 (3:00 p.m.) to deliver her reply (if any);
(d) Court administration shall bring this matter to my attention for further direction and, if necessary, scheduling of any teleconference motion forthwith after July 17, 2020;
(e) Directions will be given after July 17, 2020. Those will include the determination of costs;
(f) The mother shall provide a copy of this Ruling to the child’s daycare.
[5] It is the court’s hope and encouragement to the child’s daycare that the child be permitted to attend there in accordance with my July 6, 2020 Ruling.
[6] To be perfectly clear to the father, breach of a Court Order or self-help actions taken to undermine it will be dealt with severely and could result in a finding of contempt of court. The father may be exposed to a significant costs Order. He is encouraged to obtain legal advice.
[7] In 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 by the father is dispensed with. The mother may submit a formal Order for signing and entry as soon as that can be facilitated by court services.
Justice David A. Jarvis Date: July 10, 2020