Dr. R.

The child protection agency sought an order placing a young Indigenous child in the custody of extended family members, while the parents sought the child's return to their care.

The child had been apprehended as an infant due to failure to thrive.

The court found that the mother, who has cognitive limitations, would be overwhelmed caring for three young children.

The court ordered that the child remain in the custody of the extended family members pursuant to section 102 of the CYFSA, with supervised access for the parents.

The grievor, an employee of the Ministry of Education, sought long-term disability benefits after going off work due to depression and post-traumatic stress disorder following a sexual assault.

The insurer denied benefits on the basis that her level of impairment was not consistent with an inability to perform her duties and that her absence was merely preventative pending the criminal trial of her assailant.

The Grievance Settlement Board reviewed the medical documentation, including reports from her treating physicians and an independent medical evaluator, and found that her symptoms were real and her fear of failing at work again was a legitimate stressor.

The Board concluded she was unable to perform the essential duties of her position and allowed the grievance, entitling her to benefits for the disputed period.