Court File and Parties
COURT FILE NO.: FC-19-2026
DATE: 2021/06/09
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Salvatore Ginese, Applicant
-and-
Rita Fadel, Respondent
BEFORE: Justice P. MacEachern
COUNSEL: D. Larry Segal, for the Applicant
Katherine A Cooligan and Brad Yaegar, for the Respondent
HEARD: In Writing
ENDORSEMENT
[1] The parties have provided me with an approved order incorporating the terms ordered in my endorsement released April 29, 2021.
[2] I have revised this order to adjust references to the legislation under which the orders are made.
[3] Effective March 1, 2021, the form for orders under the Family Law Rules was amended. The new Form 25 requires that the legislation under which the order is made be specified on the face of the order.
[4] The orders made under my endorsement of April 29, 2021 were interim orders, made within a proceeding in which a divorce and corollary relief for support and parenting is claimed under the Divorce Act. The pleadings also seek support and parenting relief under the Family Law Act and Children’s Law Reform Act.
[5] The proposed order submitted by the parties provides that the interim child support orders are also made under the Divorce Act and Family Law Act. However, s.36 of the Family Law Act provides that an application for support under the Family Law Act is stayed once an action for divorce is commenced, unless the court orders otherwise. Given this, the order for interim child support is made pursuant to the Divorce Act alone.
[6] The proposed order submitted by the parties provides that interim orders for “reunification” counselling are made under the Children’s Law Reform Act. However, section 27 of the Children’s Law Reform Act provides that an application for parenting under the Children’s Law Reform Act is stayed once an action for divorce is commenced, except by leave of the court. The Divorce Act grants the court jurisdiction to make broad parenting orders under s.16.1, including “to provide for any other matter that the court considers appropriate (Divorce Act s. 16(4)(d)). In my view, the court’s jurisdiction under the Divorce Act is broad enough to cover orders respecting “reunification” counselling. Accordingly, the interim orders respecting “reunification” counselling are made under the Divorce Act.
[7] I have signed the order with the revisions made, as explained above.
Justice P. MacEachern
Date: June 9, 2021
COURT FILE NO.: FC-19-2026
DATE: 2021/06/09
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Salvatore Ginese, Applicant
-and-
Rita Fadel, Respondent
BEFORE: Justice P. MacEachern
COUNSEL: D. Larry Segal, for the Applicant
Katherine A Cooligan and Brad Yaegar, for the Respondent
ENDORSEMENT
Justice P. MacEachern
Released: June 9, 2021