Dr. Peter Faux

The Children's Aid Society brought a motion for summary judgment seeking statutory findings that two children were in need of protection, and that they be made wards of the Crown for the purpose of adoption.

The respondent mother contested the motion and sought return of the children to her care pursuant to a supervision order.

The respondent father sought an adjournment.

The court found that the children were in need of protection based on the chronically poor condition of the mother's home, her inability to consistently meet the children's needs, and findings from a parenting capacity assessment indicating developmental delay and personality features that prevented adequate parenting.

The court granted the Society's motion, made the children Crown wards, and ordered supervised access for the mother at least once every two months.

The applicant filed a human rights application alleging discrimination on the basis of disability regarding the calculation of her retirement allowance.

The respondents raised the issue of timeliness, as the application was filed more than one year after the last incident.

The Tribunal considered whether the delay was incurred in good faith under section 34(2) of the Human Rights Code.

The Tribunal rejected the applicant's arguments that she was ignorant of the time limit, relied on statements from the respondents, and was prevented from filing due to her disability.

Finding that the delay was not incurred in good faith, the Tribunal dismissed the application.