Navigating Legal Implications of COVID-19: Insights and Solutions

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Explore the legal landscape surrounding COVID-19, including discussions on court edicts, case law principles, and charting a path forward. Learn how to address concerns and engage with experts from North York Harvest Food Bank and legal professionals. Get valuable insights on how to present questions effectively during the webinar.

  • Legal Insights
  • COVID-19
  • North York Harvest
  • Webinar
  • Legal Implications
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  1. We will start the webinar shortly. Thanks for joining in. 2020-04-02 1

  2. In support In support of the North of the North York York Harvest Harvest Food Bank Food Bank COVID - 19: (S)HE WON'T (RETURN) (SEND) THE KIDS. WHAT SHOULD I DO? April 2, 2020 Gene C. Colman, B.A., LL.B.

  3. COVID-19 WHAT SHOULD I DO? AGENDA PART 1: INTRODUCTION PART 2: YOUR CONCERNS PART 3: COURT EDICTS & CASE LAW PRINCIPLES PART 4: CHARTING A PATH FORWARD WHAT NOW? PART 5: CONCLUSIONS AND QUESTIONS 20 March 2025 3

  4. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION North York Harvest Food Bank https://northyorkharvest.com/gene-c-colman/ Our Partners 20 March 2025 4

  5. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION Our Partners Brayden Supervision Services Canadian Association for Equality (CAFE) Canadian Equal Parenting Council Equal Parenting for Children Lawyers for Shared Parenting Side by Side Supervised Access Services 20 March 2025 5

  6. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION Our Team https://www.complexfamilylaw.com/Our-Team/ Gene C. Colman Gloria Antwi Jenny Kirshen Robert McNeillie Kulbir K. Rahal Vaid Law Clerk: Kim Pitre 20 March 2025 6

  7. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION How to present questions: You can send your questions to Rob McNeillie in the chat section of the ZOOM platform. You can email Rob: robert@complexfamilylaw.com On our website, www.complexfamilylaw.com a little picture of Kim Pitre will pop up. You can text us on your phone and all of us can see the question. 20 March 2025 7

  8. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION In Part 2 YOUR CONCERNS Questions received Social Media 20 March 2025 8

  9. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION In Part 3 COURT EDICTS & CASE LAW PRINCIPLES a. b. Court Directives Cases that have been decided and reported 20 March 2025 9

  10. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION In Part 4 CHARTING A PATH FORWARD WHAT NOW? How do we address the situation where Parent A refuses to return or send the child to Parent B AND In what manner should we all be conducting ourselves? 20 March 2025 10

  11. COVID-19 WHAT SHOULD I DO? PART 1: INTRODUCTION PART 1: INTRODUCTION In Part 5 CONCLUSIONS AND QUESTIONS 20 March 2025 11

  12. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS As of yesterday, Ontario officially had 2,793 confirmed COVID-19 cases with 53 deaths. Social Distancing Flatten the curve Lawyers = Essential Service (True! Not a joke.) 20 March 2025 12

  13. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS Parents raising concerns Worries re effect of virus on parenting time Courts hearing only urgent matters We are listening. 20 March 2025 13

  14. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS PARENTING TIME If we agree? Don t agree? Self isolating. Still send child? Former partner s hygiene? 20 March 2025 14

  15. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS PARENTING TIME Schools closed. Follow existing schedule? Make up time? Dump kids at grandparents? Now what? 20 March 2025 15

  16. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS PARENTING TIME Self isolating in your home. Still transfer kids? Parent blocking communication? Grandparent contact? 20 March 2025 16

  17. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS PARENTING TIME Travel complications where self isolating? Visit to the USA for non custodial parent s family? 20 March 2025 17

  18. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS PARENT WITH COVID SYMPTOMS Front line worker with symptoms? I am showing symptoms now. Make up time later? 20 March 2025 18

  19. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS CHILDREN S AID SOCIETY CAS stopped all person visits. Now what? Status quo? Severe reduction on communications. Effect on inter-sibling and relationships? 20 March 2025 19

  20. COVID-19 WHAT SHOULD I DO? PART 2: YOUR CONCERNS PART 2: YOUR CONCERNS CHILD AND SPOUSAL SUPPORT Out of work. No money. Pay support? FRO suspending my driver s license. What can I do? 20 March 2025 20

  21. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES COURT DIRECTIVES (1) Ont. SCJ and (2) Ont. OCJ CASES THAT HAVE BEEN DECIDED AND REPORTED 20 March 2025 21

  22. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES SUPERIOR COURT OF JUSTICE NOTICE PUBLISHED MARCH 15 SUSPENSION ADJOURNED URGENT MATTERS 20 March 2025 22

  23. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES SUPERIOR COURT OF JUSTICE NOTICE PUBLISHED MARCH 15 APPLICATION TO FAMILY LAW 20 March 2025 23

  24. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES SUPERIOR COURT OF JUSTICE NOTICE PUBLISHED MARCH 15 Application to Family Law Only urgentfamily law events including: requests for urgent relief relating to the safety of a child or parent (e.g., a restraining order, other restrictions on contact between the parties or a party and a child, or exclusive possession of the home); 20 March 2025 24

  25. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES SUPERIOR COURT OF JUSTICE NOTICE PUBLISHED MARCH 15 Application to Family Law urgent issues that must be determined relating to the well-being of a child including essential medical decisions or issues relating to the wrongful removal or retention of a child; 20 March 2025 25

  26. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES SUPERIOR COURT OF JUSTICE NOTICE PUBLISHED MARCH 15 Application to Family Law dire issues regarding the parties financial circumstances including for example the need for a non-depletion order; 20 March 2025 26

  27. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES SUPERIOR COURT OF JUSTICE NOTICE PUBLISHED MARCH 15 Application to Family Law dire issues regarding the parties financial circumstances including for example the need for a non-depletion order; in a child protection case, all urgent or statutorily mandated events including the initial hearing after a child has been brought to a place of safety, and any other urgent motions or hearings. 20 March 2025 27

  28. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES March 27 Memo to the Profession from the Chief Justice - FUTURE DEVELOPMENTS the scope of events that may be heard remotely by the Superior Court of Justice will expand, effective April 6, 2020. 20 March 2025 28

  29. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES ONTARIO COURT OF JUSTICE NOTICE UPDATED MARCH 28 all urgent criminal and all urgent family proceedings will be conducted by telephone and/or video conferencing Judicial officials will remain available to preside over: . Urgent family proceedings 20 March 2025 29

  30. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES ANOTHER NOTICE FROM THE OCJ MARCH 28 - TYPES OF MATTERS DEEMED TO BE URGENT. These include: Child, Youth and Family Services Act Domestic matters Family Responsibility and Support Arrears Enforcement Act 20 March 2025 30

  31. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES ANOTHER NOTICE FROM THE OCJ MARCH 28 - TYPES OF MATTERS DEEMED TO BE URGENT. ONE MORE HURDLE TO OVERCOME Requests for an urgent domestic family hearing will be determined by a judge. 20 March 2025 31

  32. PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES PART 3A: COURT DIRECTIVES Direction from Administrative Judge, Justice R. Zysman at Ontario Court of Justice, 47 Sheppard Ave. East, Toronto, March 27 Filing at this address: 47Sheppard.ocj.family.trialcoordinator@ontario.ca 20 March 2025 32

  33. Date 18 March 2020 Smith v. Sieger, 2020 ONSC 1681, [2020] O.J. No. 1120 20 March 2020 C.Y. v. F.R., 2020 ONSC 1875, [2020] O.J. No. 1280 26 March 2020 Davis v. Eby, 2020 ONSC 1876, [2020] O.J. No. 1305 26 March 2020 Chrisjohn v. Hillier, Court File No. F1098/18, London 26 March 2020 Le v. Norris, 2020 ONSC 1932 27 March 2020 Zee v. Quon, Court File No. FS-16-412436, Toronto 27 March 2020 Perkins v. Macierzynska, Court File No. FC-19-876 27 March 2020 Simcoe Muskoka Child and Youth Family Services v. JH, 2020 ONSC 1941 27 March 2020 Hadley v. Hadley, 2020 CarswellOnt 4207, 2020 ONSC 1927 27 March 2020 S.W-P. v. S.P., 2020 ONSC 1913 30 March 2020 L-A.F. v. K.V.S., 2020 ONSC 1914 30 March 2020 Thomas v. Wohleber,2020 ONSC 1965 30 March 2020 Tessier v Rick, 2020 ONSC 1886 30 March 2020 L. B-M. v. M.M., 2020 ONSC 1958 31 March 2020 Scharafanowicz v. DeMerchant, 2020 ONSC 1916 31 March 2020 Phipps v. Petts, 2020 ONSC 1999 31 March 2020 Placha v. Bennett, 2020 ONCJ 164 Citation Court Ont. S.C.J R.P. Kaufman Ont. S.C.J J.F. Diamond Ont. S.C.J L.M. Walters Ont. S.C.J V. Mitrow Ont. S.C.J C.J. Conlan Ont. S.C.J E.L. Nakonechny Ont. S.C.J M. Shelston Ont. S.C.J R.S. Jain Justice COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED REPORTED Ont. S.C.J L. Madsen Ont. S.C.J A. Pazaratz Ont. S.C.J A. Pazaratz Ont. S.C.J M. Kurz Ont. S.C.J P. MacEachern Ont. S.C.J F. Kiteley Ont. S.C.J A. Pazaratz Ont. S.C.J L. Madsen Ont. C.J. B. E. Pugsley CASE LIST SO FAR See list at Colman website with hyperlinks CASES WHERE COURT FOUND URGENCY AND MOTION ALLOWED TO PROCEED 20 March 2025 33

  34. ate 24 March 2020 24 March 2020 25 March 2020 26 March 2020 28 March 2020 30 March 2020 30 March 2020 30 March 2020 31 March 2020 Citation Ribeiro v. Wright, 2020 ONSC 1829 Onuoha v. Onuoha, 2020 ONSC 1815 Douglas v. Douglas Court Ont. S.C.J Justice A. Pazaratz COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED REPORTED Ont. S.C.J L. Madsen Ont. S.C.J W.L. MacPherson L. Madsen Cooper v. TenEyck, Ont. S.C.J CASE LIST SO FAR S.C. v. R.C., 2020 ONSC 1845, [2020] O.J. No. 1287 Eden v. Eden, 2020 ONSC 1991 Ont. S.C.J Ont. S.C.J P. MacEachern See list at Colman website with hyperlinks T. Maddalena CASES WHERE THE COURT DID NOT FIND URGENCY Scion v. White, 2020 ONSC 1915Ont. S.C.J A. Pazaratz Derkach v. Soldatova, 2020 ONSC 1992 Reitzel v. Reitzel, 2020 ONSC 1977 Ont. S.C.J T Maddalena Ont. S.C.J L. Madsen 20 March 2025 34

  35. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED As of this morning (Apr. 2) 9 cases = Not Urgent 18 cases = Urgent 20 March 2025 35

  36. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED RIBEIRO V. WRIGHT Para 10: TRAVEL MIGHT BE OK Blanket prohibition against leaving primary residence? No Para 11: STATUS QUO Presumption that existing parenting arrangements and schedules should continue Para 12: ISOLATION, ETC MIGHT TRUMP STATUS QUO You might have to forego your parenting time. 20 March 2025 36

  37. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED RIBEIRO V. WRIGHT Para 13: PERSONAL RISK FACTORS Parent s personal risk factors may require controls Para 14: PARENT S LIFESTYLE Lifestyle or behaviour that does not conform to societal COVID-19 expectations may impair parent/child contact. Para 18: BE CREATIVE; BE COOPERATIVE maintain important parental relationships 20 March 2025 37

  38. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED RIBEIRO V. WRIGHT Para 22 & 23 & 31: AGAIN, BE CREATIVE; BE COOPERATIVE Act responsibly; Attempt simple problem solving. Realistic Solution; Good faith communication efforts; Mutual respect; Creative and realistic proposals all with COVID-19 awareness Try a bit harder for the sake of our children. 20 March 2025 38

  39. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED RIBEIRO V. WRIGHT Para 20: COVID-19 DOES NOT AUTOMATICALLY EQUAL CANCELLATION OF PARENTING TIME Para 21: WHAT YOU NEED TO PUT INTO YOUR AFFIDAVIT specific evidence or examples 20 March 2025 39

  40. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED RIBEIRO V. WRIGHT Para 20: COVID-19 DOES NOT AUTOMATICALLY EQUAL CANCELLATION OF PARENTING TIME 20 March 2025 40

  41. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED RIBEIRO V. WRIGHT Para 21: WHAT YOU NEED TO PUT INTO YOUR AFFIDAVIT (a) specific evidence or examples (b) absolute reassurance that COVID-19 safety measures will be meticulously adhered to (c) very specific and realistic time-sharing proposals which fully address all COVID-19 considerations (d) judicial notice of social distancing 20 March 2025 41

  42. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED MOST COURTS SEEM TO BE ALLOWING URGENT MOTIONS TO PROCEED BUT YOU NEED TO FOLLOW THE RIBEIRO GAME PLAN Cases where urgency was found: C.Y. v. F.R., 20 March: Self help in face of court order Skuce v. Skuce, 26 March: Don t violate a recent court agreement. 20 March 2025 42

  43. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED MOST COURTS SEEM TO BE ALLOWING URGENT MOTIONS TO PROCEED BUT YOU NEED TO FOLLOW THE RIBEIRO GAME PLAN Cases where urgency was found: Chrisjohn v. Hillier 26 March: unsubstantiated allegations of father s alleged noncompliance with COVID-1 Perkins v. Macierzynska, 27 March: mother unilaterally moved the child outside of Ottawa with no firm return date Zee v. Quon, 27 March: Father takes self help contrary to court order. 20 March 2025 43

  44. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED MOST COURTS SEEM TO BE TAKING A RESTRICTIVE APPROACH TO URGENCY Cases where urgency was found: L-A.F. v. K.V.S., 30 March: Sudden inter-city move about to take place. Thomas v. Wohleber, 30 March: Financial self help also qualifies under urgency. 20 March 2025 44

  45. COVID-19 WHAT SHOULD I DO? PART 3: LEGAL EDICTS & PRINCIPLES PART 3: LEGAL EDICTS & PRINCIPLES 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED 3B: CASES THAT HAVE BEEN DECIDED AND REPORTED SELF HELP TENDS TO PREJUDICE YOU. IF THERE IS DANGER, YOU SHOULD BE THE ONE TO APPLY TO COURT IF NECESSARY. 20 March 2025 45

  46. PART 4: CHARTING A PATH FORWARD PART 4: CHARTING A PATH FORWARD WHAT NOW? WHAT NOW? We will cover two over all topics here: 1. WHAT CAN PARENTS DO DURING THESE TIMES? We are going to go over nine things that parents can do. 2. WHAT RESOURCES CAN PARENTS ACCESS DURING THE CRISIS? 20 March 2025 46

  47. PART 4: CHARTING A PATH FORWARD PART 4: CHARTING A PATH FORWARD WHAT NOW? WHAT NOW? WHAT CAN PARENTS DO DURING THESE TIMES? 1) BE COMPLIANT Existing court orders Judges may examine your behaviour. COVID-19 is not an auto override. 20 March 2025 47

  48. PART 4: CHARTING A PATH FORWARD PART 4: CHARTING A PATH FORWARD WHAT NOW? WHAT NOW? WHAT CAN PARENTS DO DURING THESE TIMES? 2) BE INFORMED Know your gov t guidelines. 3) BE OPEN AND HONEST Transparency Consistency 20 March 2025 48

  49. PART 4: CHARTING A PATH FORWARD PART 4: CHARTING A PATH FORWARD WHAT NOW? WHAT NOW? WHAT CAN PARENTS DO DURING THESE TIMES? 4) BE INNOVATIVE Daily routines changing and plans need to change. communicate respectfully innovative proposals with your former spouse/partner Facetime, Skype maintain existing parenting plan as much as possible Justice Wong: Negotiate revised parenting regime 20 March 2025 49

  50. PART 4: CHARTING A PATH FORWARD PART 4: CHARTING A PATH FORWARD WHAT NOW? WHAT NOW? WHAT CAN PARENTS DO DURING THESE TIMES? 5) BE ACCOMODATING prioritize health status related best interests Provide reasonable accommodations; courts will like you for that! Access exchanges 20 March 2025 50

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