Don Wallace

A child protection proceeding under the Child and Family Services Act concerning a seven-year-old child found to be in need of protection.

The Children's Aid Society sought Crown Wardship without access, supported by the Office of the Children's Lawyer.

The mother sought return of the child to her care; the father supported that position and sought access.

The court found that the mother had a long history of mental health issues, emotional instability, substance abuse, and had emotionally abused and neglected the child.

The child had thrived in foster care with relatives and experienced significant anxiety during supervised access with the mother.

The court determined that return to the mother's care was not in the child's best interests and ordered Crown Wardship without access to either parent.

Following a motion in estate litigation, the applicant sought recovery of costs against the estate trustees.

The Superior Court of Justice determined that the applicant was entitled to costs of the motion on a partial indemnity scale.

The court assessed the quantum of recoverable fees, HST, and disbursements and fixed the total amount payable by the respondents.

The endorsement deals solely with the quantification and entitlement to costs arising from the motion.

The applicant sought temporary support from the estate of her late common-law spouse, with whom she cohabited for 34 years.

The court found that the deceased had not made adequate provision for her proper support and that she was in need of financial assistance.

Applying the factors under section 62 of the Succession Law Reform Act, the court ordered the estate to pay temporary support of $1,600 per month, including accumulated arrears.