Court File and Parties
COURT FILE NO.: FC-25-00060723-0000 DATE: 2026/03/27 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Marek Musiej, Applicant AND: Sylwia Musiej, Respondent
BEFORE: The Honourable Justice F. Wood
COUNSEL: Matt Milczarczyk, Counsel for the Applicant Taryn Simionati, Counsel for the Respondent Mark Taborowski, Counsel for the Added Parties
HEARD: March 25. 2026
ENDORSEMENT
1This is a motion by the maternal grandparents of the children, Maja Musiej, born October 29, 2018, and Emilia Musiej, born November 6, 2020. They ask to be added to this matter as parties and ask for a contact order with respect to the girls.
2The Applicant opposes the motion. The Respondent consents to the moving parties being made parties but submits that a contact order is premature at this time.
Adding Parties
3Rule 7 of the Family Law Rules provides for parties to be added in specific circumstances. It provides as follows:
Persons who must be named as parties
(3) A person starting a case shall name,
(a) as an applicant, every person who makes a claim;
(b) as a respondent,
(i) every person against whom a claim is made, and
(ii) every other person who should be a party to enable the court to decide all the issues in the case. O. Reg. 114/99, r. 7 (3).
Parties in cases involving children
(4) In any of the following cases, every parent or other person who has care and control of the child involved, except a foster parent under the Child, Youth and Family Services Act, 2017, shall be named as a party, unless the court orders otherwise:
A case about decision-making responsibility, parenting time or contact with respect to a child.
A child protection case.
A secure treatment case (Part VII of the Child, Youth and Family Services Act, 2017). O. Reg. 114/99, r. 7 (4); O. Reg. 298/18, s. 7 (1, 2); O. Reg. 535/18, s. 1; O. Reg. 42/21, s. 3 (2).
Motion to change order, s. 102 of the CYFSA
(4.1) In a motion to change an order made under section 102 of the Child, Youth and Family Services Act, 2017, the children’s aid society that was a party to the case in which the order was made is not a party to the motion to change the order, unless the court orders otherwise. O. Reg. 298/18, s. 7 (3).
Party added by court order
(5) The court may