Ariel Schneider

The Jewish Family and Child Service of Greater Toronto brought a motion for summary judgment seeking orders that three children be found in need of protection and made crown wards without access for adoption purposes.

The parents consented to the eldest child being made a crown ward.

During the hearing, the parents also consented to the two younger children being found in need of protection.

The mother did not oppose the balance of the motion, but the father opposed it and proposed a plan for the children to be placed with him subject to supervision.

The court found no genuine issue for trial and granted the society's motion, making the two younger children crown wards without access for adoption.

The statutory guardian of property sought leave to issue and enforce a writ of possession to remove an individual residing in the incapable person's home without authorization.

The respondent argued he provided care and support and should be permitted to remain.

The court considered the guardian’s fiduciary duties under the Substitute Decisions Act and evidence regarding the incapable person’s vulnerability, financial exploitation concerns, and availability of community support services.

The court concluded that removal of the respondent was in the incapable person’s best interests and authorized the issuance and enforcement of a writ of possession.