Alicia Laura Tymec

This endorsement addresses two openness applications brought by siblings under Part V of the Child, Youth and Family Services Act, 2017 (CYFSA).

The applications sought to formalize access between four siblings, two of whom were in extended society care and on adoption probation, and two others who were also in extended society care but not yet legally free for adoption due to an outstanding appeal.

The court outlined the statutory pathway for openness orders, particularly concerning the impact of the sequence of extended care orders on children's legal rights and access.

The applications proceeded on consent, with the potential adoptive parents agreeing to the proposed openness order.

The court found it was in the children's best interests to make the final openness order, ensuring the continuation of beneficial sibling relationships.

Appellants appealed the motion judge's refusal to enforce a settlement agreement reached at a pre-trial conference in a motor vehicle accident action.

The motion judge found that counsel's description of witnesses as "independent" amounted to civil fraud because the witnesses' son lived across the street from the plaintiffs.

The Court of Appeal allowed the appeal, holding that counsel's statement was an opinion with a reasonable basis made in good faith, not a false statement of fact.

The court emphasized that findings of civil fraud against counsel could have devastating reputational consequences and could chill resolute advocacy.

The court also found that the defendant failed to exercise due diligence in investigating the witnesses' connection to the plaintiffs.