Dr. Baird

The appellants, biological parents of a child (L) in extended society care, appealed a decision denying them leave to bring a status review application for L's return.

L had been in foster care for almost three years and was being considered for adoption.

The Court of Appeal affirmed that leave was required under s. 115(5) of the Child, Youth and Family Services Act, 2017, and that the two-year continuous care period includes time prior to an extended society care order.

The court also clarified the flexible framework for granting leave, emphasizing a child-focused approach and the paramountcy of the child's best interests.

The appeal was dismissed, upholding the denial of leave.

The appellant appealed her conviction for aggravated assault against a 13-month-old child, arguing the trial judge erred in assessing conflicting expert medical evidence on the causation of the child's head injury.

The Court of Appeal found that the trial judge improperly preferred the Crown's expert opinion in isolation before considering the totality of the evidence, thereby misapplying the R. v. W.(D.) framework.

This led to a flawed assessment of the defence's alternative theories and a failure to properly consider whether the evidence raised a reasonable doubt.

The appeal was allowed, and a new trial ordered.

The respondent father applied for a mistrial in a child protection proceeding, alleging numerous procedural irregularities and disclosure failures by the applicant agency.

The Office of the Children's Lawyer joined the application, while other parties opposed it.

The court reviewed the established test for mistrial, emphasizing it as a measure of last resort for fatally wounded trial processes.

While acknowledging the applicant's chaotic and haphazard disclosure practices and inefficient trial management, the court found that the cumulative effect of the issues did not fatally compromise trial fairness.

The court ordered certain evidence struck and mandated further disclosure from the applicant, but ultimately dismissed the mistrial application, prioritizing the child's best interests and avoiding further delay.

The offender was convicted of sexual assault and uttering threats against his step-daughter, with the abuse occurring when she was between 5 and 8 years old.

The Crown sought 10 to 12 years imprisonment, while the defence sought 3 to 4 years.

Emphasizing denunciation and deterrence for adult sexual predators, the court sentenced the offender to 8 years for sexual assault and 1 year concurrent for uttering threats.

The court also granted enhanced pre-sentence custody credit of 2:1 for time served during the COVID-19 pandemic.

The children's aid society brought a motion for summary judgment seeking an order for extended society care for two children, with access only to each other.

The mother opposed the motion, seeking the return of the children or placement with a friend or relative.

The court found no genuine issue requiring a trial, noting the mother's history of physical abuse, lack of insight, and failure to engage in programming.

The court granted the motion, ordering extended care for adoption and sibling access, finding it was the only prospect for a safe childhood.

The Children's Aid Society of the Niagara Region brought a motion to place a First Nations child in foster care, while the mother brought a cross-motion to have the child returned to her under supervision.

The court considered the child's history, recent concerns including unexplained bruises, alcohol/cannabis use, and unauthorized caregivers, alongside the principles of the Child, Youth and Family Services Act, 2017 and An Act respecting First Nations, Inuit and Metis Children.

Giving serious weight to the First Nation's judgment, the court found the child could be adequately protected under the mother's supervision with new conditions, dismissing the Society's motion and granting the mother's.

The Applicant was injured in a motor vehicle rollover accident and applied for a determination of catastrophic impairment.

The Insurer disputed the claim.

At arbitration, multiple medical experts testified regarding the Applicant's physical, mental, and behavioural impairments.

The arbitrator found that the Applicant sustained a Class 4 (marked) impairment in Concentration, Pace and Persistence, and Adaptability, relying on the Applicant's neuropsychologist.

The arbitrator also found that the Applicant would have met the 55% Whole Person Impairment threshold based on a combination of physical and psychological ratings.

The arbitrator concluded that the Applicant sustained a catastrophic impairment within the meaning of the Statutory Accident Benefits Schedule.

A motion brought by the Children's Aid Society to suspend direct access between a seven-year-old child in care and his mother, and to restrict access to written communication only.

The child had experienced significant trauma from domestic violence and parental substance abuse.

Following apprehension, the child exhibited severe behavioral and emotional dysregulation, with escalations occurring before and after access visits with his mother.

The court found that the child's circumstances had changed dramatically since the initial temporary access order, and that direct access was contributing to his crisis.

The motion was granted, suspending direct access and permitting only written correspondence screened by the society.

The accused was found guilty of assault causing bodily harm against his newborn son, who sustained multiple serious fractures within the first 30 days of life.

The Crown sought 18 months of custody, while the defence proposed a non-custodial or intermittent sentence.

Emphasizing the paramount principles of denunciation and deterrence in child abuse cases, the court sentenced the accused to 12 months in custody followed by 2 years of probation, noting his lack of a criminal record and positive prospects for rehabilitation.

The accused was convicted of assault causing bodily harm (as an included offence to the original charge of aggravated assault) against a newborn child within the first 30 days of life.

The child sustained serious injuries including metaphyseal fractures to both femurs, fractures to the tibia, and multiple rib fractures requiring tremendous force to inflict.

The court imposed a sentence of 12 months custody followed by 2 years probation, with conditions including anger management counselling, parenting programs, and restrictions on contact with the victim's mother.

The court balanced serious aggravating factors (abuse of a child and position of trust, severity of injuries) against mitigating factors (no criminal record, employment, positive support network, participation in rehabilitation programs).