D. Snider

At a Case Management Conference regarding appeals of the City of Burlington's Official Plan Amendment 2, the Tribunal granted party status to Aliena Land Corporation et al. and Sofina Foods Inc. The Tribunal also issued a supplementary order on consent, scoping the appeals of Canadian National Railway Company, Bull Moose Tube Limited, and Manor Care, and adjourning the Manor Care appeals pending the processing of a site-specific development application.

The Family and Children’s Services of Renfrew County brought a motion for a temporary care and custody order for three First Nation children.

The court found reasonable grounds to believe the children were at risk of harm if returned to the mother without supervision, due to her history of substance abuse, mental health issues, and domestic violence.

Applying the "least disruptive placement" principle under the CYFSA and considering the children's First Nations heritage under the federal Act, the court ordered the children to be placed in the temporary care and custody of their parents, subject to the Society's supervision and specific conditions.

The order also granted unsupervised access to the father of the youngest child.

In a secured transactions priority appeal arising from a corporate reorganization and competing claims to accounts receivable, the appellant challenged the trial judge's findings respecting the validity and extent of security interests.

The court adopted the trial judge's reasons and held there was ample evidence supporting a valid security interest and that the appellant's purchase-money security interest had priority only to the extent traceable proceeds remained identifiable.

Once receivables were paid into the debtor's general bank account, the proceeds could no longer be traced and the security interest was extinguished.

The appeal was allowed only to award pre-judgment and post-judgment interest on approximately $66,000 already recovered, and was otherwise dismissed with costs.