A.E. Cusinato

The appellant mother appealed a trial judgment granting Crown wardship of her 8-year-old child without access, with a view to adoption.

The child had been in the temporary care of the respondent society due to the mother's psychiatric problems and the child's own needs.

Expert psychiatric evidence at trial strongly recommended against continued access, emphasizing the child's need for stability and permanency through adoption.

The Divisional Court found no palpable and overriding error or error of law in the trial judge's decision to terminate access.

The appeal was dismissed.

The appellant vendor appealed a decision of the License Appeal Tribunal awarding compensation to the respondent purchasers for breaches of a new home purchase agreement.

The vendor argued it was not liable for providing grey siding instead of antique rose, oak cabinets instead of natural maple, and for a delay in closing.

The Divisional Court dismissed the appeal, finding the vendor breached specific contractual obligations regarding the finishes and failed to provide an occupancy permit on closing, justifying the purchasers' refusal to close and entitlement to compensation.