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Young person found in need of protection due to father's inability to manage complex risks.
The Catholic Children’s Aid Society of Toronto applied for a protection finding regarding a fifteen-year-old youth with complex medical and behavioural needs, including anorexia nervosa, ADHD, and autism.
The youth's father and the Office of the Children's Lawyer opposed the finding, arguing that the youth's challenges were beyond any parent's management and not caused by the father's parenting.
The Ontario Court of Justice granted the application, finding a causal connection between the risk of physical harm to the youth and the father's inability to proactively manage and understand the youth's complex needs.
Consequently, the court determined that the youth was in need of protection under the Child, Youth and Family Services Act, 2017.
The court set aside a premature registrar's dismissal order that was issued due to a court staff error.
A motion was brought to set aside a registrar's order dismissing an action for delay, which was prematurely issued due to a court staff error.
The court found the registrar lacked authority to issue the dismissal order, rendering it a nullity.
Despite some delay attributable to former counsel's inadvertence and the plaintiffs' initial inaction, the court emphasized the policy bias towards hearing cases on their merits.
The defendant's claims of prejudice were not substantiated or causally linked to the plaintiffs' delay, and their passivity in addressing the dismissal order undermined their position.
The motion was granted, setting aside the dismissal order and reinstating the action with new deadlines for mediation and setting down for trial.
