Court File and Parties
COURT FILE NO.: 31/20 DATE: 2020-11-16 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Todd Ryan Sicard, Applicant AND: Suzanne Elizabeth Pinney, Respondent
BEFORE: Kurz J.
COUNSEL: Darryl Willer, for the Applicant Katherine Batycky, for the Respondent
HEARD: November 4, 2020 – in writing
ENDORSEMENT
1The parties have settled this matter with comprehensive minutes of settlement. However, I know nothing about this case and am not in a position to independently make a determination about the merits of the settlement and in particular whether its terms are in the children’s best interests.
2The parties are represented by two well-known and capable lawyers. I believe that they have settled upon terms that they understand to be reasonable and fair in the circumstances. But the parties could have simply entered into a separation agreement and dismissed this proceeding without costs. They have not done so. Instead, they have asked the court to make an order upon the terms of their agreement. Courts should rarely interfere with such agreements, but the court cannot be a simple rubber stamp. It must independently consider the terms that it incorporates into an order, particularly as they apply to children.
3Accordingly, I adjourn this 14B motion to allow the parties to file a brief affidavit explaining the terms of the agreement and in particular, why the ones regarding the children are in their best interests. I also require updated 35.1 affidavits for the parties. The matter can then be returned to my attention.
“Marvin Kurz J.”
Electronic signature of Justice Marvin Kurz, Original will be placed in court file
Date: November 16, 2020