Court File and Parties

Court File No.: FS-23-106084 Date: 2024-06-18

Ontario Superior Court of Justice

B E T W E E N:

Coronel-Tan, Mari Jane Awitan, Applicant

- and -

Tan, Lorden, Respondent

Counsel: Sekhon Gagandeep, for the Applicant Self-Represented, for the Respondent

Heard: June 17, 2024

Judgment

[1] This matter proceeds by way of an uncontested trial. The Respondent was served with the Applicant’s Application on June 1, 2023 via email pursuant to the May 25, 2023 Order of Shaw J. for substituted service. The Respondent has not filed an Answer in these proceedings.

[2] The Applicant provides an affidavit of service confirming that the Respondent was served with the materials filed in advance of this court attendance.

[3] The Applicant seeks sole decision-making responsibility for Jaden, the eight-year-old child of the relationship, and an Order that all parenting time between Jaden and the Respondent shall be at the sole discretion of the Applicant. The Applicant also seeks an Order severing the divorce from the corollary issues.

Background

[4] The Applicant provides affidavit evidence that the parties married twice, once in a civil marriage ceremony on December 16, 2001, and once in a church wedding ceremony on September 24, 2005. Both ceremonies took place in the Philippines.

[5] The Applicant deposes that in 2012 the Respondent returned to the Philippines to care for his ailing father. In 2015 the Applicant travelled to the Philippines to visit with the Respondent. While there, she became pregnant with the parties’ son.

[6] The parties son, Jaden, was born on August 12, 2016.

[7] Since 2012, the Respondent has only visited Canada twice, both times in 2017.

[8] The Applicant and Jaden also visited the Respondent in the Philippines in January 2020. The Applicant indicates in her affidavit that the Respondent did not show affection to her during this visit, and that she has not kept in touch with him since 2020.

[9] The Applicant also indicates that in March of 2023 she returned with her son to the Philippines for a visit, and learned from a friend that the Respondent has now re-partnered, and has children with his new partner. The Applicant provides evidence that the Respondent does not spend parenting time with Jaden.

Orders Requested

[10] Although the Applicant had originally sought unequal division of net family property with respect to the matrimonial home, she has now withdrawn that request. The Applicant takes the position that the date of separation is August 1, 2017, and that the Respondent’s ability to bring a claim for equalization expired six years later on August 1, 2023, pursuant to s.7(3) of the Family Law Act.

[11] The Applicant’s request for sole decision-making responsibility for Jaden is granted. In addition, all parenting time between Jaden and the Respondent shall be at the sole discretion of the Applicant. The Applicant may now proceed with an Application for divorce on an uncontested basis.

[12] Order to go as attached to this Endorsement. The Applicant is to ensure that all materials considered by me at today’s appearance are also filed in the court file. These materials include the Applicant’s affidavit dated June 13, 2024, the Applicant’s Net Family Property Statement dated June 13, 2024, and an Affidavit of Service sworn on June 14, 2024.

Wilkinson J. Released: June 18, 2024