The appellant mother appealed the decisions of the Ontario Court of Justice denying her requests to adjourn a child protection trial and granting sole custody of her child to the maternal grandmother.
The appellant, who was incarcerated at the time of trial, argued the denial of an adjournment breached her section 7 Charter rights and that the trial judge erred in granting custody to the grandmother with access at the grandmother's discretion.
The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error.
The court held that the trial judge correctly prioritized the child's best interests and need for finality over the mother's adjournment request, and that the custody and access orders were well-supported by the evidence.
