COURT FILE NO.: FC-19-1692
DATE: 20231205
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
A.M.S.
Applicant Mother
– and –
D.M.
Respondent Father
Not Present
Nandishi Bekah, for the Respondent Father
HEARD: December 1, 2023
REASONS FOR DECISION
Justice Alex Finlayson
[1] The Durham Children’s Aid Society commenced a protection application on December 1, 2023. A separate decision in that matter is being released today.
[2] At the appearance before the Court on December 1, 2023, counsel for the father sought directions respecting the conduct of this case. Section 103 of the Child, Youth and Family Services Act, 2017 (the “CYFSA”) operates to stay a proceeding under the Children’s Law Reform Act. Although I do not believe that any order made in this proceeding clearly states whether it was made under the Divorce Act versus the Children’s Law Reform Act, counsel for the father points out that there are claims pleaded under the Divorce Act. The Ontario Court of Appeal strongly questioned and suggested, without deciding, that the statutory stay provision in the predecessor Child and Family Services Act cannot operate to stay a proceeding under the Divorce Act: see D.D. v. H.D., 2015 ONCA 409.
[3] But in seeking directions, the father did not really take a position about what should happen next. He did not specifically ask to proceed with this case. In any event, in light of their conduct in the prior proceedings, the parents are not going to be allowed to litigate two parallel proceedings that have different purposes, albeit overlapping facts in common. The parties are going to proceed in the child protection court, where the parenting issues between them now belong.
[4] This Court can stay a proceeding under section 106 of the Courts of Justice Act. The Court may also order that one case proceed after the other.
[5] I made an order staying this proceeding on December 1, 2023. Through oversight my order was overbroad. I stayed the entire proceeding. I did not intend to stay any of the financial claims before the Court.
[6] Therefore any claims for parenting orders only are stayed pending further Order of this Court.
Justice Alex Finlayson
Released: December 5, 2023
COURT FILE NO.: FC-19-1692
DATE: 20231205
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
A.M.S.
Applicant Mother
– and –
D.M.
Respondent Father
REASONS FOR DECISION
Justice Alex Finlayson
Released: December 5, 2023