ONTARIO
Court File Number
Superior Court of Justice, Family Court
FC-22-00001068-0000
(Name of Court)
at
80 Dundas Street, London, ON N6A 6A3
Endorsement
(Court office address)
Date
Applicant(s):
Lubna Yousef Abdel Rahman Aldahleh
x
Present
May 26, 2023
Justice Tobin
Counsel:
Salim J. Khot
x
Present
Duty
Respondent(s):
Zakaria Abdelrahman Mohammad Zayed
x
Present
Counsel:
Abeer Abosharia and Jessica Gagne
x
Present
Duty
Appearances: parties and counsel together with two Arabic English interpreters by video conference.
A four-hour special appointment was scheduled for argument today.
I am told that when this special appointment was originally scheduled the court was not made aware that this case deals with an international child abduction claim. As a result, the Children’s Lawyer was not provided with the pleadings (rule 8(11)) and a first meeting was not held (rule 37.2 (7)).
When the motion was called, I advised counsel and the parties of my concerns regarding proceeding as scheduled today with the motion:
− the Children’s Lawyer was not notified,
− a first meeting has not been held,
− a review of the affidavits and facta filed indicates that credibility is in issue. Credibility findings are, at best, difficult on conflicting affidavits not tested by cross- examination,
− in international abduction cases the court is required to
consider “the tenor of full foreign law, generally through expert evidence adduced by the parties.” F. v N., 2022 SCC 51 at para.53. No such evidence was filed for the motions.
I asked counsel to make submissions on whether this matter should be adjourned, the Children’s Lawyer notified and a trial of the issues ((i) whether the court should assume jurisdiction and
(ii) should an extra-provincial order be enforced) be scheduled.
This suggestion was consented to by the applicant and opposed by the respondent.
After hearing thoughtful submissions from counsel, I make the following order:
- A Children’s Lawyer order shall issue forthwith. In the Judge’s comments section of the order the following shall be added:
This is an international child abduction case. The parties are the parents of three children ages 12, 11, and 4. There is a dispute regarding their views and preferences. In this case the “serious harm” exception under CLRA s. 23 appears to be in issue. A consideration of the children’s views “can serve as a useful guideline in assessing whether the exception arises”: F. v N., 2022 SCC 51 at para. 74
The order of Korpan J. dated March 30, 2023 is amended at para. 1 by adding the phrase “for a period of 30 minutes” after “Wednesday at 4:30 p.m.” and “Saturday at 10:00 a.m.”, and “Sunday at 2:00 p.m. Eastern Standard Time…”
The case is adjourned to June 2, 2023 at 9:10 AM by video conference for a first meeting.
− A representative from the Children’s Lawyer will be asked to attend.
− Counsel will confer and jointly prepare a Trial Scheduling Endorsement Form to ensure that issues are identified, there is disclosure of additional witnesses who may be called, there is a timetable for the service and filing of further material, time limits are set for examinations in chief and cross examinations so that the trial of the issues can be completed within a five-day period.
The trial of the issues is scheduled to commence July 31, 2023 at 10:00 AM. Five days will be allotted for the trial.
Two Arabic English interpreters are required for the June 2, 2023 return and the trial commencing July 31, 2023.
"Justice B. Tobin"