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A children's aid society was ordered to pay reduced costs for acting unfairly and failing to properly investigate a father's false claim of Aboriginal status.
This is a costs decision in a child protection proceeding under the Child and Family Services Act.
The respondent father sought costs against two child protection societies: Kunuwanimano Child and Family Services and North Eastern Ontario Family and Children's Services (NEOFACS).
The father claimed costs of $90,116.51 on a full recovery basis for a 14-day trial.
The court found that NEOFACS was not liable for costs as it was not the applicant during the trial period.
However, the court found that Kunuwanimano engaged in unfair and unreasonable conduct, including failure to properly investigate the father's Aboriginal connection claim, failure to follow up on critical evidence, and unilateral restrictions on parental access.
The court awarded costs to the father against Kunuwanimano, but reduced the award by two-thirds due to the father's own misconduct in misrepresenting his Aboriginal status to facilitate the transfer of the file to Kunuwanimano.
The final costs award was $31,500 inclusive of HST and disbursements.
The court rejected crown wardship, ordering the child returned to the father under supervision.
This is a child protection proceeding under Part III of the Child and Family Services Act concerning a female child (A.L.) with cystic fibrosis who was apprehended at age 10 months from her mother at a women's shelter in September 2014.
The child was born as a result of a surrogacy arrangement between the mother (S.L.) and her mother's common law partner (Y.T.), with the maternal grandmother (M.L.) intended to raise the child.
The society initially sought crown wardship with no access for adoption purposes.
The mother changed her position mid-trial and agreed to crown wardship with supervised maternal access.
The court found the child in need of protection based on risk of physical harm from the mother's substance abuse, mental health issues, and parenting deficiencies.
However, the court rejected crown wardship and ordered the child returned to the father and maternal grandmother under a supervision order, finding that the father and grandmother had provided adequate care, maintained regular access visits, and complied with all society requirements.
The court was highly critical of the society's warrantless apprehension, its preoccupation with the circumstances of conception, its restrictive interim access regime, and the transfer of jurisdiction to Kunuwanimano without proper basis.
