Foster v. Foster, 2025 ONSC 1345
Napanee Court File No.: 88/20
Date: 2025-02-28
Superior Court of Justice – Ontario
Parties
Applicant (Respondent at Court of Appeal): Doris Foster
Respondent (Appellant at Court of Appeal): Randall Wayne Foster
Before
Deborah Swartz (In Chambers)
Counsel
- Gordon S. Campbell for the Appellant at the Court of Appeal
- Jennifer Blackwood for the Respondent at the Court of Appeal
- Vasu Naik, appearing as amicus curiae at the Court of Appeal
Endorsement
[1] On February 24, 2025, the Court of Appeal remitted this matter back to this Court to alter the provisions of the Final Order to provide the father with the opportunity for a review of the parenting time orders (D.F. v. R.W.F., 2025 ONCA 129). This review would allow for consideration of changes to the supervised access terms, including the possibility of future unsupervised access for the father. As also noted by the Court of Appeal, this review should take place no later than 12 months after February 24, 2025 and is to be without the requirement that the father demonstrate a material change of circumstances.
[2] This Court therefore orders that the father may request a review of the parenting time provisions of the Final Order, seeking changed terms of supervision, or unsupervised parenting time. Such review shall take place no later than 12 months after February 24, 2025. Any such review shall proceed by way of the Motion to Change procedures detailed and permitted under the Family Law Rules of the Family Court (Courts of Justice Act, R.S.O. 1990, c. C.43, O. Reg. 114/99) without a need to demonstrate a material change of circumstances.
[3] Any subsequent request to vary the parenting time orders shall be commenced by way of the Motion to Change procedures in the Family Law Rules of the Family Court and which will include the requirement to demonstrate a material change of circumstances.
[4] As also noted by the Court of Appeal, any such determination of whether there are changed circumstances should be sensitive to the fact that these parenting orders involve an adult child who cannot withdraw from parental charge and age out of the order.
Deborah Swartz
Date: February 28, 2025