Court File and Parties

COURT FILE NO.: FS-12-380880-03 DATE: 2021-12-16 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Yalenka Fonseca AND: Terence Carty

BEFORE: Papageorgiou J.

COUNSEL: Yalenka Fonseca, Self-Represented K. Wright, for the Respondent

HEARD: December 9, 2021

Endorsement

[1] The Respondent Terence Carty (“Terence”) brings a motion to change his spousal support obligations with respect to his former spouse Yalenka Xilena Diaz Fonseca (“Yalenka”).

[2] The Motion to Change was issued on October 6, 2021. Terence has been paying spousal support in the amount of $1,500 per month for over ten years and he is seeking to reduce these payments gradually over time. This is a significant matter which could result in the end of Yalenka’s spousal support. There are two children, aged 14 and 16 who primarily live with Yalenka.

[3] Yalenka is a Columbian trained lawyer but is unlicensed in Ontario as yet, and is representing herself. She is currently preparing to write her accreditation examinations to become a lawyer in Ontario which examinations will occur in February 2022.

[4] The parties have exchanged requests for disclosure and Terence alleges that Yalenka has not provided proper disclosure.

[5] I have reviewed the disclosure provided by Yalenka, and it is not organized in a manner which easily permits any analysis. She says that she has had difficulty obtaining some of the requested disclosure. Given that this motion to change was only commenced October 6, 2021, she should be given an opportunity to provide any missing disclosure before this court considers this matter, particularly given the significant request being made and the fact that there are children involved.

[6] I am adjourning this motion to March 15, 2022 before me at 10:00 am for two hours. The court will be in a better position to consider this matter once the results of Yalenka’s accreditation examinations are known and disclosure is complete.

[7] With respect to the disclosure she has already provided, I have reviewed a series of affidavits which make it very difficult to determine what she has answered and what is outstanding.

[8] I am directing that Yalenka use her best efforts to provide full answers to the request for disclosure within 30 days and file this with the court. Her answer must be organized in a responsive manner to the disclosure request that was made. E.g. She shall answer each question individually with a number corresponding to the number in the request and then append as a tab any documents in support of any disclosure request. She shall do this from the beginning, providing all answers in one new affidavit, even though there are a series of documents in a variety of places that may respond to the request for disclosure. To be clear, I am directing that she provide one affidavit which provides all of the disclosure which has been requested. If she does not have the information, then she shall advise why in that affidavit. If she has asked for the information from another party, she shall append proof of that communication. For example, she has said that she cannot produce all of her bank records as she does not have online banking and requested physical copies. She shall produce a copy of the communication to her bank requesting such documents.

[9] If Yalenka has not provided all the requested disclosure within 30 days, then for any disclosure which may be required from third parties, she shall provide an authorization to Terence within 7 days thereafter, authorizing him to obtain such documents on his own.

[10] I note that Yalenka has indicated that she is unable to provide all of her medical records prior to 2014 because they have already been filed in the court file and court officers have not permitted her to obtain them. If Yalenka cannot obtain them from the court file, then she must obtain them from her treating physicians directly or provide the necessary authorization to Terence to obtain them.

[11] If it has not already been requested by Terence, then I am also ordering that within 7 days from this date Yalenka provide Terence with authorization to write to all the major banks in Canada to make inquiries as to any accounts, credit cards, loan applications, whether held jointly with another or in her own name by Yalenka for the last five years and to provide the details of such accounts. Terence shall provide Yalenka with the form of authorization within 3 days and as I said she shall execute it within 7. If there are any new accounts discovered as a result of this inquiry, which Terence was unaware of, Terence may bring a 14B motion to my attention requesting an order for production of statements from any such accounts.

[12] I am also directing that shortly prior to the return of the motion counsel for Terence review Yalenka’s disclosure and provide this court with a written itemized analysis of disclosure provided or missing. If Yalenka disagrees with Terence’s submission on this issue, she may respond.

[13] The parties may also file any additional material before me which may be of assistance in this matter and they may request leave to conduct live cross-examination at the motion before me. I am extending the page limit for any additional materials to 20 pages of affidavit material not including any exhibits and charts.

[14] In such materials Yalenka shall also provide evidence as to the outcome of her accreditation examinations in February.

[15] Costs are reserved until the return of the motion.

Papageorgiou J.

Date: December 16, 2021