The appellant father appealed a Superior Court order dismissing his appeal from an Ontario Court order making his child a Crown ward.
The child had been apprehended after the father allowed the mother, who posed a serious risk, to have contact with the child, breaching a supervision order.
The Court of Appeal allowed the appeal and ordered a new trial, finding that the trial judge erred in principle by failing to balance the risk of harm to the child from exposure to the mother against the risk of disruption to the child's positive relationship with his father if a Crown wardship order were made.
