The appellant appealed a decision dismissing his application to dispense with his seven-year-old stepson's consent to adoption.
The child, who has Autism Spectrum Disorder, believes the appellant is his biological father.
The application judge had discounted the mother's and appellant's evidence regarding the risk of emotional harm to the child if his consent were sought, citing their interest in the outcome.
The Superior Court of Justice found this to be an error of law, holding that a competent caregiver can provide reliable evidence of emotional harm.
The appeal was allowed, and the child's consent to the adoption was dispensed with.
