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The court granted summary judgment placing three children in extended society care due to chronic protection concerns.
The Ontario Court of Justice granted summary judgment in favour of the Children’s Aid Society of the Region of Peel, placing three children in extended society care due to chronic and long-standing child protection concerns including domestic violence, parental substance abuse, and mental health issues.
The court emphasized the children’s expressed wishes not to return to parental care, the lack of meaningful progress despite years of intervention, and the need for permanency and closure.
The decision carefully applied the Child, Youth and Family Services Act, 2017, and the principles from Hryniak v. Mauldin regarding summary judgment, underscoring the cautious approach required in child protection cases.
Application for post-104 week income replacement benefits dismissed due to lack of objective medical evidence.
The applicant sought post-104 week income replacement benefits following a motor vehicle accident.
The insurer denied the benefits based on insurer's examinations concluding the applicant did not suffer a substantial inability to perform his pre-accident employment.
The Tribunal found the applicant failed to prove on a balance of probabilities that he suffered a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience.
The Tribunal preferred the evidence of the insurer's experts, noting the applicant exaggerated his pain symptoms and his alleged impairments lacked an objective basis causally linked to the accident.
The application was dismissed.