The biological mother appealed a child protection disposition order that made the child a Crown ward without access under the Child and Family Services Act.
She argued that the trial judge erred by proceeding with the disposition trial while the protection finding was under appeal, by taking seven months to release reasons, and by misapprehending evidence in assessing the child’s best interests.
The court held that the protection appeal had been abandoned and the issue was moot, and that delay alone does not establish unfairness absent demonstrated prejudice.
Applying the deferential appellate standard for factual findings in child protection matters, the court found no palpable and overriding error in the trial judge’s assessment of the evidence, including findings regarding the lack of emotional connection between the parent and the child.
The appeal was dismissed and the Crown wardship order without access was upheld.
