Claire Millgate

The appellant, Lydian Smith, appealed a Divisional Court decision affirming the Landlord and Tenant Board's finding that YouthLink Youth Services' transitional housing program was exempt from the Residential Tenancies Act, 2006 under s. 5(k).

The Court of Appeal affirmed that s. 5(k) and the newer s. 5.1 can co-exist, and that "rehabilitative or therapeutic services" in s. 5(k) include broader support services beyond medical care.

The court dismissed the appeal, finding that the Board and Divisional Court correctly interpreted the statutory exemptions and that the YouthLink program fell within the s. 5(k) exemption.

The appellant appealed a Landlord and Tenant Board decision finding that the respondent's transitional youth housing program was exempt from the Residential Tenancies Act under section 5(k).

The appellant argued that the introduction of section 5.1, which specifically regulates transitional housing, meant the respondent could no longer rely on section 5(k) without meeting section 5.1's prescriptive requirements.

The Divisional Court dismissed the appeal, holding that section 5.1(5) explicitly preserves other exemptions, and the Board made no error of law in finding the respondent's program met the requirements for the section 5(k) exemption.

The court issued a case management endorsement setting the schedule and procedural directions for an appeal from the Landlord and Tenant Board.

The appeal was scheduled to be heard by a three-judge panel of the Divisional Court via videoconference.

Directions were provided regarding the service of materials, electronic filing via a drop box, and the use of compendiums.

A 15-year-old youth initiated a protection application against her parents and the Children's Aid Society, seeking temporary care and custody with the Society.

The youth suffers from obsessive-compulsive disorder and post-traumatic stress disorder stemming from childhood sexual abuse.

She refuses treatment and rejects her parents' involvement in her care.

On three separate occasions between May and September 2018, the youth was discharged from hospitals and residential placements with no caregiver willing to assume responsibility, leaving her vulnerable in the community.

The court found that despite the parents' historical efforts to locate treatment, the repeated failure to provide physical care when community placements broke down constituted a protection concern.

The court granted the youth's motion, placing her in the temporary care and custody of the Children's Aid Society and authorizing the Society to act as substitute decision-maker for medical treatment.

The father appealed a summary judgment that dismissed his motion to change a final order regarding custody and access.

The motions judge found no genuine issue requiring a trial, concluding the father failed to demonstrate a material change in circumstances.

The appeal court upheld the motions judge's decision, finding no errors in law or palpable and overriding errors in fact, particularly regarding the father's progressive hearing loss and other alleged changes.

The appeal was dismissed, and the parties were directed to make written submissions on costs if they could not agree.

The Catholic Children's Aid Society brought a temporary care and custody motion in a child protection proceeding involving twin five-year-old girls.

The Society alleged the children were at risk of physical and emotional harm in their mother's care due to inappropriate physical discipline, exposure to parental conflict, school attendance issues, and allegations of sexual abuse against the father.

The mother opposed the motion and sought to maintain custody with minimal or no conditions.

The court found credible and trustworthy evidence of risk of harm and determined that the children could not be adequately protected by an interim supervision order given the mother's lack of cooperation with the Society and her pattern of refusing services.

The court granted the Society's motion, placing the children in the temporary care and custody of their father, subject to the Society's supervision and various terms and conditions, including supervised access for the mother.