Douglas Kearns

The Children's Aid Society apprehended three children from their grandmother, who had temporary care and custody, without a warrant based on hearsay allegations of drug use.

The society then brought a motion to vary the temporary care and custody order to place the children in society care.

The court found the warrantless apprehension was improper, lacking reasonable and probable grounds and relying on inadmissible hearsay.

The court dismissed the society's request to place the younger children in foster care, instead ordering them placed with their paternal uncle, while placing one older child with severe behavioral issues into society care.

The applicant mother brought a motion to transfer her motion to change a final custody order from Elliot Lake to Brantford, arguing it should be heard together with a child protection proceeding involving her third child.

The respondents, who have had custody of the two children in Elliot Lake since 2003, opposed the transfer.

The court dismissed the motion, finding that the preponderance of evidence regarding the children's best interests, including their education, friends, and community ties, is located in Elliot Lake, and there was no merit to dragging the respondents into the applicant's child protection litigation in Brantford.

The appellant appealed the application judge's interpretation of a Separation Agreement.

The Court of Appeal found no error, holding that because the deceased never revoked his will, the gift to the respondent remained valid.

The appeal and a motion for fresh evidence were dismissed, with costs awarded to the respondent.