Debra Rosenberg

This decision addresses a motion concerning medical decision-making authority, specifically the authority to consent to vaccinations for children placed in the care of their Paternal Aunt under a temporary order pursuant to the Child, Youth and Family Services Act, 2017 (CYFSA).

The court confirms that while the Paternal Aunt has temporary care and custody, a specific order permitting her to make medical decisions including vaccinations is appropriate and necessary to satisfy medical providers.

The court emphasizes the remedial purpose of the CYFSA and judicial notice of vaccine safety and efficacy, placing the onus on the objecting party to justify refusal of vaccination.

The Father’s request for adjournment was denied due to lack of evidence, and the Paternal Aunt was granted authority to consent to vaccinations in accordance with medical advice.

The Catholic Children's Aid Society of Toronto brought a motion for summary judgment seeking a declaration that a child born in January 2015 was in need of protection and should be made a crown ward without access for purposes of adoption.

The respondent mother opposed the motion and sought either dismissal or, alternatively, placement of the child with the maternal aunt subject to society supervision with access to the mother.

The court found that the child was in need of protection due to the mother's untreated psychotic disorder, which rendered her incapable of adequately caring for the child.

The mother had been hospitalized multiple times, refused psychiatric treatment, and demonstrated paranoid thinking, poor insight, and unstable behavior during supervised access.

The court granted the society's motion, finding no genuine issue requiring trial, and made the child a crown ward without access to facilitate adoption by the maternal aunt, who had been providing excellent care since January 2016.