The applicant children's aid society sought judicial review of a tribunal decision that overturned the society's removal of a child from prospective adoptive parents.
The society had removed the child after medical evidence indicated that the child's younger sibling suffered non-accidental trauma consistent with shaken baby syndrome while in the sole care of the prospective adoptive parents.
The court found the tribunal's decision unreasonable because it failed to determine whether the prospective adoptive parents had caused the severe injuries to the sibling, which was highly relevant to assessing the risk of harm to the child.
The tribunal's decision was quashed.
