2 total
Appeal of summary judgment ordering Crown wardship dismissed as mother raised no genuine issue for trial.
The appellant mother appealed a summary judgment order making her child a Crown ward.
The motion judge had found no genuine issue for trial regarding whether it was in the child's best interests to return to the mother's care, given the mother's health issues and inability to provide a stable environment.
The Divisional Court dismissed the appeal, finding ample evidence of the Society's efforts to assist the family and no adequate plan from the mother to care for the child.
Fresh evidence filed on appeal did not raise a triable issue.
Historical sexual battery claim was timely and damages were upheld.
The appellant challenged a judgment awarding damages for historical sexual abuse, arguing the action was out of time, barred by laches, and that damages were excessive.
The court applied the discoverability approach to limitation periods in sexual battery claims and held that time began to run when the respondent realized the causal connection between the abuse and her injuries through sufficient professional counselling.
The court held laches did not arise once the action was found timely.
While punitive damages were not supportable on the trial reasons given the prior criminal sanction, the $20,000 award was sustained as aggravated damages based on the degrading and terrorizing circumstances of the abuse.
The appeal was dismissed with costs.
