The Children's Aid Society appealed a trial judge's order granting a mother and aunt access to two children who had been made Crown wards.
The Divisional Court allowed the appeal, finding the trial judge erred in law by ignoring the statutory presumption against access to Crown wards and improperly placing the burden of proof on the Society.
The court also found the trial judge misapprehended the evidence regarding the beneficial nature of the access and its impact on the children's future opportunities for a permanent and stable adoptive placement.
The appeal was allowed, the access order for the mother and aunt was terminated, and the order was left silent on sibling access to allow the Society to facilitate it.
