Beata Lis

The Children's Aid Society of Toronto initiated a protection application and sought temporary care of a three-year-old child after the mother terminated a temporary care agreement.

The father and mother subsequently filed motions seeking care and custody of the child under a supervision order.

The court dismissed the mother's motion due to concerns regarding her ketamine use and the child's physical condition upon admission to society care, finding her responses lacked insight.

The court granted the father's motion, placing the child in his temporary care and custody subject to society supervision, as it was deemed the least disruptive placement consistent with the child's best interests and protection, and the father's home was assessed as suitable.

The respondent mother brought a motion to transfer a child protection application from the Ontario Court of Justice in Toronto to the Unified Family Court in Cayuga, Haldimand County.

The respondent father opposed the transfer, requesting instead that the case be transferred to Windsor or remain in Toronto.

The court considered the test for territorial jurisdiction transfer under section 91 of the Child, Youth and Family Services Act, 2017, applying the "preponderance of convenience" standard with the best interests of the child as the paramount consideration.

The court granted the mother's motion and ordered the transfer to Cayuga.