Superior Court of Justice – Ontario
RE: Ovdiu Simion Nastai, Applicant
AND
Klarisse Nastai, Respondent
BEFORE: Mackinnon J.
COUNSEL: Richard Chatelain, for the Applicant
Alexandra Kirshbaum, for the Respondent; Ms. Scavo as agent today
HEARD: May 12, 2022
ENDORSEMENT
1On February 1, 2022 the respondent obtained this date for a two-hour motion. She delivered her motion materials totalling more than 400 pages on May 4 and May 9. The May 9th materials included a separate notice of motion for contempt of court, and a supporting affidavit. I declined to accept these documents "across the bench". The delay by the respondent in delivering her materials meant that the adjournment had to be granted and resulted in an egregious waste of valuable court time.
2The respondent asked the court to order as a term of the adjournment that the parties' 15-year-old child participate in reunification therapy with her. According to her own affidavit, this child is under the care of a psychiatrist for a variety of mental health issues and has had no significant contact with his mother since 2017. I declined to make this order as a term of the adjournment, despite the fact that Justice Engelking did order reunification counselling in December 2019, at the conclusion of a settlement conference. Permission to bring this motion was given by Justice Doyle at a second settlement conference held on December 4, 2020.
3Instead, having regard to the intervening time since each of their orders was made, I order both parents to request and authorize the child's psychiatrist and primary care physician to provide letters for the court addressing the child's presentation, diagnosis, and recommended treatment. If the practitioner has an opinion on the medical advisability of requiring the child to participate in reunification counselling and /or the child's views in that regard, this information would also be of assistance to the court.
4On March 26, 2018 I directed that the case should be expedited to trial as soon as in process assessment was complete because the respondent was not seeing either of the children. Very regrettably that did not occur. The oldest child is no longer a minor. On my own motion I dismiss the issues in the Motion to Change pertaining to him in relation to parenting time and decision making. I also order the case placed on the trial list for the sittings in January 2023. The parties shall complete their TSEFs within 14 days and shall schedule a Trial Management Conference at the first available date to ensure that the TSEF is approved and signed by a judge.
5Costs of the adjournment are fixed in the amount of $1,500 payable forthwith by the respondent.
Date: May 12, 2022
COURT FILE NO.: FC-08-2795-3
DATE: 2022/05/12
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Ovdiu Simion Nastai, Applicant
AND
Klarisse Nastai, Respondent
BEFORE: Mackinnon J.
COUNSEL: Richard Chatelain, for the Applicant
Self-Represented, for the Respondent
ENDORSEMENT
Mackinnon J.
Released: May 12, 2022