B.D. Siegel

The applicant, maternal grandmother, sought monthly weekend unsupervised access to her granddaughter (MP) after MP's mother (applicant's daughter) committed suicide.

The respondent father did not oppose access in principle but insisted it be brief and supervised due to concerns about the applicant's past criminal behaviour, alleged alcohol abuse, and unsafe living conditions.

The court applied the two-part test for grandparent access, considering deference to parental decisions and the child's best interests.

The court found no positive grandparent-grandchild relationship sufficient to override parental deference and that the father had not acted arbitrarily.

The court ordered supervised access twice monthly for two hours, with a provision for an extended Christmas visit and a mechanism for the applicant to seek variation for more extended overnight access after six visits.

The applicant children's aid society brought a motion to withdraw its child protection application, which had been initiated due to severe parental conflict.

The court found that while the parents continued to have a highly conflicted relationship, the children were functioning well and there were no ongoing child protection concerns that warranted the society's continued involvement.

The court granted the motion to withdraw the application and issued a final order prohibiting the parents from making disparaging comments about each other in the presence of the children.