Chenier v. Sommers, 2020 ONSC 5470

Court File and Parties

COURT FILE NO.: FC-20-1157 DATE: 2020/09/11 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Trevor Chenier, Applicant AND Stephanie Sommers, Respondent

BEFORE: Mackinnon J.

COUNSEL: Applicant, Self-Represented Respondent, Self-Represented

HEARD: September 11, 2020

Endorsement

[1]

Background

This is a motion for temporary decision making and residential care brought by the applicant in the context of his Motion to Change. The children involved are Aubrey born on June 17, 2010 and Justin born on September 26, 2013.

2There is no proof of service of the Form 15 Motion to Change. Mr. Chenier tells me it has been served but he does not have an affidavit of service. The first court date for the Motion to Change is Monday, September 14 at 9:00 a.m. I have told Mr. Chenier to send an affidavit of service to the court office before Monday.

3The matter before me today is the urgent motion that Mr. Chenier brought on August 26 which was before the Master. That Form 14 Notice of Motion only asks for orders related to parenting the children. For that reason, to Mr. Chenier’s disappointment, the issue of terminating his child support to the respondent is not before me and I cannot deal with it today.

4I do know that the respondent was aware of the return date before the Master for the urgency request because she sent an email to the court stating as follows:

“I will not be signing anything, I have full custody of my children and will be continuing to raise them in our home.

I asked trevor to keep them for a couple weeks because I just went through a break up of 6 years, and he left me with nothing. I'm in the middle of getting back on my feet. In 10 years, I alone have provided everything for my children and the one time I ask for help he tries to serve me with papers. This is ridiculous. I apologize and dont want to be rude at all I’m just very blindsided and obviously hurt that he would try to kick me while I'm down. “

5I also know that court staff emailed the respondent to find out if she would be filing a response for today’s motion. No response was received. Nor did she attend.

[6]

The Applicant's Request

The applicant says he needs interim custody so that he can register his children for school and that Aubrey requires prescription medication daily and needs to see her doctor. There is no information in his affidavit about his type of accommodation, whether he lives alone or not, what is his plan for pre and post school care for the children. During the hearing he told me that the children had lived with their mother in Russell and that they have been with him in Ottawa for about a month now. His materials did not say this and should. Nor does his affidavit say where they had gone to school or where he wanted to register them now. He did tell me he has now registered them for on line learning where they formerly attended, namely Metcalfe Public School. I still do not know whether or where he proposes to register them for in class school. The affidavit before me does not say what hours Mr. Chenier works, whether he will need before and after school and if so, how he will provide it. He will need to arrange for doctors and dental care for the children in Ottawa. What is his plan for that?

7Today I will make a very limited order only. I have told Mr. Chenier he needs to address the points noted above in another affidavit which must also be served on the respondent. He may serve it by email if the respondent has an email address, that he can prove to the court is hers. He will need an affidavit of service for this new affidavit too.

8One further comment. Mr Chenier will need to complete, serve, and file with proof of service an affidavit in Form 35.1. This is mandatory before the court can make a Final Order that would move custody of the children to him.

[9]

Interim Order

Mindful of the start of school approaching and being concerned that Aubrey needs medication renewed, today I make the following order:

1. Mr. Chenier has the authority to take Aubrey to her existing physician and to obtain, fill or renew medical prescriptions for her from her doctor.
2. Mr. Chenier has the authority to register the children at Metcalfe Public School for on line learning and to make any and all decisions for the children required to facilitate that online learning. He also has authority to investigate in person schooling options in the catchment area where he resides, but not to register them there without a further order of the court.
3. The children shall remain in Mr. Chenier’s care and control until further order of the court.

[10]

Adjournment

This motion is adjourned for Mr. Chenier to complete the materials described above. Ideally the motion and the Motion to Change would be set to a motion date to come back in front of me, after the 30 day service period for the Form 15 Motion to Change has expired. If the respondent does deliver a response to the Motion to Change within the permitted time, then notice of that court date shall be provided to her by Mr. Chenier, with proof of his having done so provided to the court.

11The case is adjourned to a date to be set by the Trial Office.

Mackinnon J.