Court File and Parties

COURT FILE NO.: FS 20-59 DATE: 2020 07 23

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Bart Masini Applicant Eveth Elizabeth Clarke Respondent

BEFORE: Bloom, J.

COUNSEL: Taragh Bracken, for the Applicant Laura Shaw, for the Peel Children’s Aid Society (hereinafter “Peel CAS”) Eveth Clarke did not appear before the Court and was unrepresented

HEARD: July 23, 2020

E N D O R S E M E N T

[1] The Applicant brought a motion pursuant to my order of June 11, 2020 for an order dispensing with service of the notice of motion on the Respondent under FLR 6(16) and for directions under FLR 1(7.2).

[2] I will summarize the background of this matter. On March 7, 2017 the Applicant issued his Application. The children, Nicholas Ethan Dante Clarke born July 10, 2007, and Maddalena Clarke born October 31, 2011, were at the time resident in Ontario with the Respondent. Later she took them to Quebec.

[3] An order of the Quebec Courts has given care of the children to the Applicant until February 25, 2021.

[4] The children are presently resident with the Applicant in Mississauga, Ontario.

[5] The evidence of the Applicant, with which the Peel CAS takes no issue, is that the children are being well looked after by the Applicant.

[6] The whereabouts of the Respondent, who filed no Answer, is unknown.

[7] I find that it is in the best interests of the children that I award interim custody to the Applicant without access to the Respondent. I so order. That order includes according to the Applicant decision-making authority over the children’s medical and educational needs.

[8] Further, I order that the Applicant arrange with the trial office a date for an uncontested trial on affidavit evidence, which trial will address the following matters: permanent custody and access, the ability of the Applicant to travel outside of Canada with the children, and the effect of the order of the Quebec courts.

[9] At the request of the Peel CAS it will not participate in the uncontested trial.

[10] The Applicant sought other relief in his notice of motion, specifically a declaration as to his being the biological father of the children and amendments to their birth certificates, as well as the cancellation of their existing passports. He is free to proceed with these claims by appropriate means; however, these claims are not to be addressed at the uncontested trial, because, inter alia, the appropriate parties are not before the court.

[11] I note that the materials before me were the Applicant’s notice of motion dated June 15, 2020, his affidavit dated March 16, 2020, an affidavit of service on Peel CAS dated June 15, 2020, a draft order, and an e-mail from Peel CAS dated June 23, 2020.

Bloom, J. DATE: July 23, 2020