Dr. Graham Berman

2 total

MB

The court granted summary judgment for Crown wardship without access, finding the mother's mental illness impaired her parenting capacity.

The Catholic Children's Aid Society brought a motion for summary judgment seeking a finding that a child was in need of protection under the Child and Family Services Act and a disposition of Crown Wardship with no access order.

The respondent mother opposed the motion, arguing that material issues of fact required a trial.

The court found that the undisputed evidence established that the child was in need of protection due to the mother's significant mental illness and its impact on her parenting ability.

The court granted the motion for summary judgment, finding no genuine issue for trial on either the finding or disposition, and ordered Crown Wardship with no access.

Catholic Children's Aid Society of Toronto v. S.W. and S.P., 2012 ONCJ 67

Psychiatrist · parenting capacity assessment · Court-appointed

JD

J. Alexander Duncan

1 case2003–2003

IM

Ian R. Mang

21 cases1994–2014

MJ

Meehan J.

ODC3 cases2003–2006

DJ

Dunnet J.

ODC6 cases2003–2003

BS

Benotto S.J.

ODC11 cases2003–2004

ODCDec 4, 2003

Application for judicial review dismissed; Director's decision to reject foster parents as adoptive parents was reasonable.

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.