COURT FILE NO.: FC-20-1004-1

DATE: 20211202

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

TONYA LEANNE BRIAND

Applicant

– and –

DARREN FRANCIS BROPHY

Respondent

Self-represented

Self-represented

HEARD: in writing

REASONS FOR DECISION

Audet J.

[1] On April 20, 2021, I rendered a decision in this application brought pursuant to the Interjurisdictional Support Orders Act, 2002, S.O. 2002, c. 13 (“the ISO Act”). The matter proceeded by default as the Respondent had not served or filed an Answer. My final order provided for the payment of child and spousal support by the Respondent to the Applicant.

[2] On December 1, 2021, the Interjurisdictional Support Orders Unit of the Ontario Family Responsibility Office (the designated authority under the ISO Act) filed a motion seeking to set aside my April 20, 2021 Order. I am advised that the Applicant, back in February 2021, had requested to withdraw her Application because the Respondent had agreed to deal with all parenting matters, including child and spousal support, before the Nova Scotia Court. While this had been conveyed to the designated authority in Ontario, by inadvertence it was not conveyed to this court. I am advised that this is the very reason the Respondent did not file an Answer in this ISO Act proceeding earlier this year.

[3] In those circumstances, it is clear that my April 20, 2021 Order must be set aside, and I so order.

Madam Justice Julie Audet

Released: December 2, 2021

COURT FILE NO.: FC-20-1004-1

DATE: 20211202

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

TONYA LEANNE BRIAND

Applicant

– and –

DARREN FRANCIS BROPHY

Respondent

REASONS FOR DECISION

Audet J.

Released: December 2, 2021