Chayanika Dutta

This is a status review application under Part III of the Child and Family Services Act where the Children's Aid Society sought to place a 10-year-old child in the care of the father for ten months subject to society supervision, with access to the mother in the society's discretion.

The mother opposed the application and sought custody.

The mother was self-represented and had previously had three legal aid-funded lawyers whose relationships with her had broken down.

The court considered whether to order state-funded counsel for the mother or appoint amicus curiae.

The court appointed amicus curiae to assist in presenting the mother's case fairly to the court, finding this was the appropriate remedy to protect the mother's Charter section 7 rights while ensuring timely resolution of the child's status.

The plaintiff, Abdul Nabi, sought to register a certificate of pending litigation (CPL) against a property legally owned by the defendant, Amar Qadeer, claiming beneficial ownership under an oral trust agreement.

The court found the plaintiff's evidence inconsistent and lacking documentary proof to establish a plausible claim to an interest in land, particularly in light of the Statute of Frauds.

The motion was dismissed as the plaintiff failed to raise a triable issue and the equities favored the defendant, who had occupied the property as his family home since 2012.