Court Files and Parties

COURT FILES NO.: FS-20-15656, FS-20-15651, FS-20-15654 DATE: 20210202

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Nerrida McIntosh (in FS-20-15656) Natasha McIntosh-Berry (in FS-20-15651) Michael McIntosh (in FS-20-15654) Applicants

– and –

Anita Kim Respondent in all three files

Counsel: Self-Represented Pollitto, O, for the Respondent

Before: SHORE, J.

Reasons for Judgment

[1] On January 28, 2021, I released a decision in McIntosh-Berry v. Kim, court file number FS-20-15651. There has been some confusion which I intend to clarify with this supplemental decision. In addition to the litigation between Adan McIntosh and Anita Kim, the parents of the children (Court file number FS-19-12193), three more Application were commenced at the start of 2020, by members of Mr. McIntosh’s extended family for custody of and/or access to the children, as follows:

a. Court file number FS-20-15654 – Nerrida McIntosh (the paternal grandmother) v. Kim;

b. Court file number FS-20-15656 – Michael McIntosh (the paternal grandfather) v. Kim; and

c. Court file number FS-20-Natasha McIntosh-Berry (the paternal aunt) v. Kim.

[2] All three litigants (the grandparents and the aunt) filed separate applications and have been in touch with the trial coordinator’s office and the judicial assistants through email to schedule the next step in their files.

[3] My Endorsement dated January 28, 2021, shall apply to all three of the applications set out above. To clarify, relying on my reasons set out in the Endorsement dated January 28, 2021 (attached for ease of reference), I am ordering that these cases proceed together to a case conference, on notice to Ms. Kim, prior to setting the matter down for an uncontested trial.

[4] Order to go as follows:

a. The trial coordinator’s office shall provide the parties in all three cases with a case conference date, with the case conferences to proceed concurrently in front of the same judge. Justice Hood has previously been assigned as the conference judge.

b. The trial coordinator shall provide the parties in all three cases with a date for an uncontested trial, to take place some time after the case conference. The date and this order are without prejudice to the case conference judge’s ability to make any orders to move this case forward in a different manner.

c. Any other dates scheduled in these three files shall be vacated.

Justice S. Shore

Released: February 2, 2021

COURT FILES NO.: FS-20-15656, FS-20-15651, FS-20-15654 DATE: 20210202

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Nerrida McIntosh (in FS-20-15656) Natasha McIntosh-Berry (in FS-20-15651) Michael McIntosh (in FS-20-15654) Applicants

– and –

Anita Kim Respondent

REASONS FOR JUDGMENT

Shore, J.

Released: February 2, 2021