Dr. Jean-Victor Wittenberg

The children's aid society brought a protection application seeking a finding that the child was in need of protection due to emotional harm caused by the mother.

Following the parents' separation, the mother repeatedly made unfounded allegations that the father was sexually and physically abusing the child, subjecting the child to numerous police and medical investigations.

The court found that the mother's fixed, false belief system and coaching caused the child severe anxiety and emotional harm.

The court concluded the child was in need of protection, granted sole custody to the father, and ordered that the mother's access be supervised.

The applicant society sought to introduce the expert opinion evidence of a psychiatrist regarding the impact of substance abuse on parenting in a child protection trial.

The respondents opposed the admission of the evidence.

The court conducted a voir dire and applied the Mohan and Abbey tests for the admissibility of expert evidence.

The court found that the proposed evidence was neither relevant nor necessary, as the expert had not met the parents or the child and could only speak in generalities.

Furthermore, the expert was not properly qualified in the specific area of addictions, and the late service of the expert report caused undue prejudice to the respondents.

The request to introduce the expert evidence was denied.