Court Cases & Orders

COVID-19: Updated Case law

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Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

COVID-19: Updated Case law

As the unprecedented situation of COVID-19 continues, the courts in Ontario have illuminated more guidance on issues emanated from the pandemic.

For previous case law summaries, check out our other report: here.

Child Protection

Simcoe Muskoka CYFS v. JG 2020 ONSC 1941 – March 27, 2020

Parent was seeking in person access where access in discretion of the Society and parent not complying with the existing supervision terms. Deemed urgent.

Hitchcock v. Hitchcock Gillier, [2020] O.J. No. 1383

Motion brought seeking a change to final order for sole custody of the child of the marriage. Deemed urgent based on Applicant’s materials; Court reserved right to reconsider upon submission of Respondent materials.

Financial Issues

Baijnauth v. Baijnauth, 2020 ONSC 1974 – March 30, 2020

Enforcement of financial award. Deemed urgent.

Thomas v. Wohleber, 2020 ONSC 1965 – March 30, 2020

Non-depletion of assets. Deemed urgent.

Theis v. Theis, 2020 ONSC 2001 – April 1, 2020

Release of matrimonial home funds held in trust. Not deemed urgent.

Parenting Issues

Burton v. Woods, 2020 ONCJ 158 – March 23, 2020

Enforcement of Custody and Access Order; Overholding. Deemed urgent.

Cooper v. Teneyck, 2020 CanLII 23789 – March 26, 2020

Suspension of all in-person access because of COVID-19; Police enforcement of Access. Not deemed urgent.

David v. Eby, 2020 ONSC 1876 – March 26, 2020

Parent unilaterally withholding children because of drug overdose in other parent’s home. Deemed urgent.

Skuce v. Skuce, 2020 ONSC 1881 – March 27, 2020

Enforcement of supervised access per Minutes. Deemed urgent.

S.W-P. v. S.P., 2020 ONSC 1913 – March 27, 2020

12 year old ‘voting with his feet’. Deemed urgent.

Derkach v. Soldatova, 2020 ONSC 1992 – March 30, 2020

Children, 6 and 12, refusing to attend access and parent not encouraging. Not deemed urgent.

Tessier v. Rick, 2020 ONSC 1886 – March 30, 2020

Suspension of all in-person access because of COVID-19. Deemed urgent.

Phipps v. Petts, 2020 ONSC 1999 – March 31, 2020

Grandparent unilaterally withholding children because he has issue with other parent’s partner’s behaviour. Deemed urgent.

Placha v. Bennett, 2020 ONCJ 164 – March 31, 2020

Unilateral change of status quo (no order); Over holding; Return of child from out of Province. Deemed urgent.

Reitzel v. Reitzel, 2020 ONSC 1977 – March 31, 2020

Initial claim for access, six months after separation. Not deemed urgent.

Scharafanowicz v. DeMerchant, 2020 ONSC 1916 – March 31, 2020

Parent unilaterally withholding children because issue with other parent’s partner’s behaviour. Deemed urgent.

Chin v. Omeally, [2020] O.J. No. 1394

Motion brought requesting Court make an order on urgent basis for the resumption of regular parenting time. Deemed urgent.

Procedural Issues

Mills v. Mills, 2020 ONSC 2008 – April 2, 2020

Trial scheduling. Not deemed urgent.

Bruni v. Daunheimer-Bruni, 2020 ONSC 2017 – April 4, 2020

Motion to Change to allow travel dispensing consent and increase child support. Not deemed urgent.

We will continue to do case law updates as they are released. For some current cases related to COVID-19 check out a list of decisions: here.

Info obtained from: Lexis Nexis Webinar

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.