A 13-year-old child commenced a child welfare proceeding against her parents and the local children's aid society, seeking a finding that she and her siblings were in need of protection under the Child and Family Services Act.
The father moved to dismiss the application as an abuse of process and for failure to raise a genuine issue for trial.
The court found that the child had commenced the proceeding under the influence of her mother as a tactical measure to interfere with concurrent Superior Court custody proceedings.
The court dismissed the application, finding it was an abuse of process and raised no genuine issue for trial.
