Diane B. Skrow

A summary judgment motion brought by the Children's Aid Society seeking a finding that two young children were in need of protection and an order making them Crown wards without access for the purpose of adoption.

The mother opposed the finding but agreed to Crown wardship with access.

The court found that the children were in need of protection due to exposure to domestic violence and parental substance abuse.

The court granted the motion for summary judgment, finding no genuine issue for trial.

The children were made Crown wards without access, as the mother failed to meet the statutory test for access to Crown wards under section 59(2.1) of the Child and Family Services Act.

A motion for summary judgment brought by the Children's Aid Society seeking an order that three children be made Crown wards without access for the purpose of adoption.

The mother opposed the motion, seeking dismissal and arguing for a trial where she would seek custody of the children.

The court found that the Society had met its onus of establishing no genuine issue for trial.

The children had been apprehended due to emotional harm from witnessing domestic violence, parental substance abuse, and mental health issues.

Despite nearly two years of involvement and multiple opportunities for the mother to address her issues, she failed to comply with court orders, continued substance abuse, demonstrated poor parenting judgment, and was unable to provide emotional safety for the children.

The court granted the motion and made all three children Crown wards without access, though noting the Society retained discretion to permit contact if in the children's best interests.

A motion hearing regarding the respondent mother's legal aid certificate in a child protection proceeding.

The respondent mother's lawyer was removed as counsel of record in February 2012 due to a breakdown in the solicitor-client relationship, six months before the scheduled trial.

Legal Aid Ontario refused the mother's request for a new lawyer, citing that a breakdown in the lawyer-client relationship is not sufficient grounds for a change of counsel.

The court found that the respondent mother has a constitutional right to counsel and that all four criteria from New Brunswick v. J.G. appear to be satisfied.

The matter was adjourned to allow Legal Aid Ontario and the Attorney General of Ontario to make submissions on whether the court should appoint publicly funded counsel.

A motion by the respondent mother for disclosure of all records relating to the child from the Children's Aid Society, the child's psychiatrist, a counselling agency, and the family doctor.

The applicant society initially opposed disclosure of third-party records without consent, but the court found that the mother was entitled to full disclosure of society records including third-party records in its possession.

The court also ordered disclosure of non-party records held by the psychiatrist, family doctor, and counselling agency, subject to privilege claims and restrictions on use.

The court granted the mother's motion with modifications, recognizing the paramount importance of disclosure in child protection proceedings while protecting the child's private therapeutic communications.