Superior Court of Justice, Family Court London, Ontario
Endorsement / Page
d’inscription
Applicant(s) / Requérant(e)(s):
Lubna Yousef Abdel Rahman Aldahleh
Respondent(s) / Intimé(e)(s):
Zakaria Abdelrahman Mohammad Zayed Counsel: Abeer Abosharia and Bayly Guslits
Children’s Lawyer
Rasim (Sam) Misheal, Children’s Lawyer’s agent. Children Represented: Baraa Zakaria Zayed, Lujain Zakaria Zayed, Mariam Zakaria Abdelrahman Zayed
Date: September 5, 2023 Appearances by videoconference:
Applicant
Respondent and his counsel
Children’s Lawyer’s agent
Two Arab-English interpreters
Endorsement
The matter returns to update the court on the parties readiness for trial.
The parties were offered trial dates during the fall of 2023. The applicant requested more time than was offered by the court to prepare for the trial. The applicant explained that she needed more time to respond to the falsehoods contained in the respondent’s material. I explained to the parties that the issue before the court is not what is in the best interest of the children. Rather, the issue before the court will be which jurisdiction will
decide what is in the children’s best interests: Ontario or Kuwait.
For oral reasons given, I directed that the trial start November 13, 2023 at 10:00 AM. It will be a hybrid trial. All parties and witnesses residing outside of Canada will be allowed to attend virtually.
A trial management conference shall be scheduled through the trial coordination office to be held before me or the assigned trial judge.
The affidavit of Hossein Raeesi dated July 28 2023, to be filed on behalf of the Children's Lawyer at trial may be filed notwithstanding that it consists of 26 pages of text and exhibits totaling 616 pages. Issues of admissibility are reserved to the trial judge.
The matter will return before me on October 3, 2023 at 9:00 AM virtually to be spoken to. In the meantime, I expect the parties to begin preparing the Trial Scheduling Endorsement Form which will be reviewed on the next date.
The parties may return before me at any other time to address matters arising. Order:
[1] This case is adjourned to October 3, 2023 at 9:00 AM virtually before me for an update on trial readiness. It is expected that a draft trial scheduling endorsement form will be filed.
[2] The trial of this matter is scheduled to commence November 13, 2023 at 10:00 AM. It will be a hybrid trial. The respondent and witnesses residing outside of Canada may attend virtually.
[3] Two Arab English interpreters are required for the next scheduled virtual appearance before this court on October 3, 2023 at 9:00 AM as well as for the hybrid trial commencing November 13, 2023 at 10:00 AM.
“Justice Barry Tobin”
Tobin J.