Harvey Tenenbaum

The applicant father brought an urgent motion to restore an alternating week parenting schedule after the respondent mother unilaterally withheld the children due to concerns about his alcohol consumption and behaviour.

The court found that while the mother's concerns were supported by CAS records, suspending all access was not in the children's best interests.

The court ordered a gradual return to the alternating week schedule, subject to strict conditions including the father's use of a Soberlink alcohol monitoring system.

The Children's Aid Society brought a motion for summary judgment seeking protection findings and a disposition order for three children in foster care.

The Society sought to have all three children removed permanently from the mother's care and placed in extended care with a plan for adoption as a sibling group, with no access to either parent.

The court dismissed the motion, finding that the Society failed to meet its onus to demonstrate there was no genuine issue requiring trial on the issue of disposition.

The court found critical evidentiary deficiencies in the Society's case, including inadmissible hearsay evidence regarding drug testing and inadequate evidence regarding parenting capacity based on summarized access notes and group reports.