Briar Downey

The applicant mother sought sole decision-making responsibility, primary parenting, child and spousal support, equalization, exclusive possession of the matrimonial home, life insurance, and costs.

The court found the respondent's behaviour troubling, imputed income for child support, granted arrears and retroactive support, and ordered exclusive possession of the home and life insurance.

The applicant was also granted the right to seek spousal support in the future, and the respondent was ordered to pay an equalization amount.

Payment of certain amounts was deferred until the sale of the home.

The applicant sought a stay of the respondent's motion to change parenting and support terms from a previous final order, pending payment of outstanding costs.

The court dismissed the respondent's motion to change parenting terms as the child had reached the age of majority (18).

The court granted a stay of the respondent's motion to change support terms, finding the respondent had wilfully failed to pay the previously ordered costs and his claims of impecuniosity were disingenuous.

The stay is conditional on the respondent paying a significant portion of the outstanding costs.

A child protection application brought by the Catholic Children's Aid Society of Toronto seeking to find an 8-month-old child in need of protection.

The central issue was whether the child qualified as a First Nations, Inuk or Métis child under the Child, Youth and Family Services Act, 2017.

The court determined that the child met the threshold for identification as a Métis child based on information from the maternal grandmother and great-grandmother, despite the lack of identified Métis communities in provincial regulations.

The court found the child in need of protection and ordered interim society care with a kinship assessment to proceed.

Two child protection cases were heard on the same date following the proclamation of the Child, Youth and Family Services Act, 2017 into force on April 30, 2018.

The first case involved an 11-year-old autistic child brought into care due to the mother's inability to manage significant behavioural problems.

The second case involved an infant under two months old brought into care due to the mother's mental health concerns.

Both cases were at the case conference stage with adjournments granted to allow the Children's Aid Societies to develop service plans consistent with the new statutory purposes and to report back to the court.

A summary judgment motion brought by the Children's Aid Society of Toronto seeking a finding that two children were in need of protection and should be made crown wards without access for adoption purposes.

The mother had experienced multiple severe mental health breakdowns requiring psychiatric hospitalization.

The court found no triable issue regarding the finding of need for protection but dismissed the society's summary judgment motion on disposition and access issues, finding genuine issues for trial regarding whether the mother had made sufficient mental health gains and whether the children's best interests would be served by return to her care under a supervision order.