Dr. Connie Kushnir

This is a child protection trial under Part III of the Child and Family Services Act.

The Catholic Children's Aid Society sought a finding that two children, J.B. (born 2004) and T.B. (born 2008), were in need of protection and an order making them Crown wards for the purpose of adoption.

The mother, S.S.B., opposed the application and sought return of the children to her care under Society supervision.

The court found both children in need of protection based on physical harm inflicted by the mother, risk of future physical harm, and risk of emotional harm.

The court ordered both children to be made Crown wards and rejected the mother's plan for return to her care, finding that the mother's long-standing parenting deficiencies could not be adequately addressed and that Crown wardship with a view to adoption best served the children's interests.

The applicants, former foster parents of the child, sought judicial review of a Director's decision confirming the Society's rejection of their application to adopt the child.

The Society had rejected the applicants due to misrepresentations during the home study, undisclosed mental health issues, and a history of abuse in the family.

The Divisional Court dismissed the application, finding that the Director's decision was reasonable and that he had properly weighed the evidence, including the child's attachment to the applicants against the risks posed by their misrepresentations and family history.