Dr. Parker

The applicants, foster parents of a child since birth, sought judicial review of a Director's decision confirming the Halton Children's Aid Society's decision to place the child for adoption with another family.

The applicants argued the process was procedurally unfair due to excessive delay and the admission of late expert evidence, and that the removal of the child violated their section 7 Charter rights.

The Divisional Court dismissed the application, finding that the delay was necessary to determine the child's best interests, the applicants had no section 7 rights as foster parents, and the Director's decision was reasonable based on the evidence of the child's attachment to the adoptive family.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, asserting he was a successful self-employed jewellery manufacturer.

The insurer paid the maximum weekly income benefit of $600 based on a purported purchase order.

The arbitrator found that the applicant had fraudulently misrepresented the status of his business and the existence of the purchase order, and that the insurer had erred in calculating benefits based on anticipated rather than earned income.

The applicant was found to be self-employed but only entitled to the minimum weekly benefit of $185.60 for 156 weeks.

The insurer was awarded a repayment of $21,446.40 for the overpayment.

Claims for benefits beyond 156 weeks and a special award were dismissed.