Court File and Parties
COURT FILE NO.: FC-20-1100 DATE: 2021/04/20
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Conor MacDougall, Applicant AND Jessica Parent, Respondent
BEFORE: Mackinnon J.
COUNSEL: Ceilidh Joan Henderson, for the Applicant Emma Costain, for the Respondent
HEARD: April 20, 2021
Endorsement
[1] A motion was scheduled today but not heard. In her order dated December 18, 2020 London-Weinstein J. ordered that there shall be a further case conference held in February with a view to revising the father’s parenting schedule. Counsel felt a case conference would be a waste of time and therefore proceeded directly to the motion. As I explained, it was open to counsel to request London-Weinstein J. to change her order, but it was not an option to simply second guess the order and decide not to comply with it.
[2] I did conduct a case conference and as result I make the following orders on consent:
• The father’s parenting time shall take place every Saturday from 10 a.m. to 7 p.m., except that on alternate weekends it shall be extended to an overnight basis and the children shall be returned to the mother at 10 a.m. on Sunday morning.
• The father shall have the children every Tuesday from 9 a.m. until 1:30 p.m. at which time the children shall be returned to the mother. This means that the children shall not attend daycare on Tuesdays and the mother shall use one of the 30 “no cost days” to cover these absences. If there is any cost to the day care over and above that it shall be shared by the parents as a section 7 expense.
• The Tuesday parenting time shall be reviewed prior to September 1, 2021, when the mother is expected to be able to return work, and accordingly would not be able to care for the children on the Tuesday afternoons, when the father is also at work.
• Both parents shall take the Parenting Through Conflict course available at the Family Services in Ottawa. The father also agrees on a without prejudice basis to take the Anger Management course for parents that is also available at the FSO.
• A section 112 clinical investigation is requested from the OCL having regard to the conflict between parents, their difficulty in agreeing to parenting arrangements, the ages of the children and the possibility that each child has special needs that await medical diagnosis.
• Both parents shall attend the meeting on July 12 with a community pediatrician for Hailey. At the mother’s request, and by my order on a without prejudice basis, the father shall attend by Face Time or video call and the physician shall be asked to provide each parent with a copy of any report she prepares in relation to the appointment.
• The father would like to agree now on additional parenting and has made a proposal for doing so which I will not record as it is a settlement offer. Within two weeks from today the mother’s counsel shall advise her friend of what additional contact the mother is agreeable to add to commence after six weeks.
• I will request Audet LAJ to assign a judge to case manage this file.
[3] As the case conference on the increases to his parenting time has now been held, the father’s motion may be rescheduled if he is so advised. There will be no costs of this day to either party.
Mackinnon J.
Date: April 20, 2021
COURT FILE NO.: FC-20-1100 DATE: 2021/04/20
ONTARIO SUPERIOR COURT OF JUSTICE
RE: Conor MacDougall, Applicant AND Jessica Parent, Respondent
BEFORE: Mackinnon J.
COUNSEL: Ceilidh Joan Henderson, for the Applicant Emma Costain, for the Respondent
ENDORSEMENT
Mackinnon J.
Released: April 20, 2021